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, OCTOBER 6, 1998 No. 138 House of Representatives The House met at 10 a.m. and was Lab Hagerman Field Station in Gooding 1 trillion 600 billion dollars in extra tax called to order by the Speaker pro tem- County, Idaho, to the University of Idaho. revenue that is coming to Washington. pore (Mr. BASS). f One thing the folks back home have often told me, and that is if we do not f MORNING HOUR DEBATES prevent them, those politicians in DESIGNATION OF SPEAKER PRO The SPEAKER pro tempore. Pursu- Washington will spend that extra TEMPORE ant to the order of the House of Janu- money on government spending and The SPEAKER pro tempore laid be- ary 21, 1997, the Chair will now recog- new government programs, when it is fore the House the following commu- nize Members from lists submitted by really the hard-earned dollars of the nication from the Speaker: the majority and minority leaders for folks back home in Illinois that are the morning hour debates. The Chair will surplus tax revenue that we have here WASHINGTON, DC, October 6, 1998. alternate recognition between the par- in Washington. I hereby designate the Honorable CHARLES ties, with each party limited to 25 min- I am proud to say that this House in F. BASS to act as Speaker pro tempore on utes, and each Member, except the ma- the last 2 weeks has taken action to this day. jority leader, the minority leader, or preserve this extra tax revenue, this NEWT GINGRICH, the minority whip, limited to 5 min- extra tax surplus, and to use it to save Speaker of the House of Representatives. utes, but in no event shall debate con- Social Security and eliminate the mar- f tinue beyond 9:50 a.m. riage tax penalty and to help family The Chair recognizes the gentleman farmers and small businesspeople and MESSAGE FROM THE SENATE from Illinois (Mr. WELLER) for 5 min- those who want to send their kids off A message from the Senate by Mr. utes. to college. We adopted what is called the 90–10 Lundregan, one of its clerks, an- f nounced that the Senate had passed plan, and under the 90–10 plan we set with amendments in which the concur- SAVING SOCIAL SECURITY WHILE aside 90 percent of projected tax reve- rence of the House is requested, bills of PROVIDING THE AMERICAN PEO- nue surplus, which is $1.4 trillion, for the House of the following titles: PLE WITH TAX CUTS Social Security, priority number one. What is left we give back to the Amer- H.R. 8. An act to amend the Clean Air Act Mr. WELLER. Mr. Speaker, I thought ican people in tax relief, addressing to deny entry into the United States of cer- I would take a few minutes and talk what I consider to be the most unfair tain foreign motor vehicles that do not com- about an issue that is so important to ply with State laws governing motor vehicle provision and the consequence of our the folks back home on the south side Tax Code, which is the marriage tax emissions, and for other purposes. of Chicago in the south suburbs, that I H.R. 2675. An act to require that the Office penalty, eliminating it for the major- of Personnel Management submit proposed have the privilege of representing. ity of those who suffer it. legislation under which group universal life We have had a big achievement in the I think it is important to point out insurance and group variable universal life last few years, doing something that that we set aside $1.4 trillion in surplus insurance would be available under chapter Washington failed to do for 28 years, tax revenue to save Social Security, 87 of title 5, United States Code, and for and that is we balanced the budget, and the remainder we use to eliminate other purposes. something that families back home in the marriage tax penalty and other The message also announced that the Illinois do every day. consequences of our Tax Code. That is Senate has passed bills of the following As a result of that balanced budget, a big victory for the folks back home titles in which concurrence of the we have an opportunity, because for because when one thinks about it, back House is requested: the first time in 28 years we actually last January when the President gave S. 1021. An act to amend title 5, United have more tax revenue going into the his State of the Union speech, I was States Code, to provide that consideration Treasury than we are spending. It is one of those who stood up and ap- may not be denied to preference eligibles ap- something new, something new, a new plauded when the President said, let us plying for certain positions in the competi- experience in Washington, and I am take the surplus and use it to save So- tive service, and for other purposes. proud to be a part of this Congress cial Security, because at that time the S. 2432. An act to support programs of which balanced the budget for the first grants to States to address the assistive surplus was about $600 billion. technology needs of individuals with disabil- time in 28 years. Well, we have set aside, just 2 weeks ities, and for other purposes. It is projected by the Congressional ago, more than two times what the S. 2505. An act to direct the Secretary of Budget Office that this opportunity President asked for to save Social Se- the Interior to convey title to the Tunnison over the next 10 years is $1.6 trillion or curity, $1.4 trillion.

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.

H9593

. H9594 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Of course, the centerpiece of this ef- RECESS Senate bill be passed over without prej- fort to eliminate the marriage tax pen- The SPEAKER pro tempore. There udice. alty and to help family farmers and being no further requests for morning The SPEAKER pro tempore. Is there small businesspeople was the effort to hour debates, pursuant to clause 12, objection to the request of the gen- eliminate the marriage tax penalty. I rule I, the House will stand in recess tleman from Wisconsin? have often raised the question here in until 10 a.m. There was no objection. the well of this House, is it right, is it Accordingly (at 9 o’clock and 7 min- f fair, that under our Tax Code, that av- utes a.m.) the House stood in recess MAI HOA ‘‘JASMIN’’ SALEHI erage married working couples with until 10 a.m. two incomes pay higher taxes than an The Clerk called the bill (H.R. 1794) f identical working couple with an iden- for the relief of Mai Hoa ‘‘Jasmin’’ tical income who lives together outside b 1000 Salehi. There being no objection, the Clerk of marriage? That is just wrong that AFTER RECESS under our Tax Code that married cou- read the bill as follows: ples pay more in taxes than couples The recess having expired, the House H.R. 1794 who live together outside of marriage. was called to order by the Speaker pro Be it enacted by the Senate and House of Rep- That is wrong, and that is unfair. tempore (Mr. UPTON) at 10 a.m. resentatives of the United States of America in I am proud that the centerpiece of f Congress assembled, the tax cut provision of the 90–10 plan SECTION 1. PERMANENT RESIDENT STATUS FOR PRAYER eliminates the marriage tax penalty. In MAI HOA ‘‘JASMIN’’ SALEHI. fact, as I point out here in this work- The Chaplain, Reverend James David (a) IN GENERAL.—Notwithstanding sub- sections (a) and (b) of section 201 of the Im- sheet, for 28 million married working Ford, D.D., offered the following pray- er: migration and Nationality Act, Mai Hoa couples, they will see an extra $240 in ‘‘Jasmin’’ Salehi shall be eligible for higher take-home pay as a result of our As the ancient scriptures proclaim: issuance of an immigrant visa or for adjust- effort to save Social Security and ‘‘For everything there is a season, and ment of status to that of an alien lawfully eliminate the marriage tax penalty. a time for every matter under heaven.’’ admitted for permanent residence upon fil- Back home in Joliet, $240 is a car We know, O God, that we have our ing an application for issuance of an immi- payment; it is a month or two child moods and our moments, our highs and grant visa under section 204 of such Act or care at a local day care center, for par- lows. We have weariness and exal- for adjustment of status to lawful permanent ents who are working and struggling to tation. We pray this day, O loving God, resident. that at any time of great testing we (b) ADJUSTMENT OF STATUS.—If Mai Hoa make ends meet. ‘‘Jasmin’’ Salehi enters the United States It is kind of interesting, though. The will see more clearly the responsibil- before the filing deadline specified in sub- President just the other day, he talks ities of doing justice, loving mercy and section (c), she shall be considered to have about the Republican efforts to elimi- walking humbly with You. May our vi- entered and remained lawfully and shall, if nate the marriage tax penalty, and he sion of Your good creation inspire us, otherwise eligible, be eligible for adjustment says, a tax cut, that is squandering the whatever our task, to serve the people of status under section 245 of the Immigra- surplus. He wants to spend it, and he of the Nation with honor, with right- tion and Nationality Act as of the date of says he wants to save Social Security eousness, with nobility, with respect, the enactment of this Act. (c) DEADLINE FOR APPLICATION AND PAY- and spend the surplus tax revenue. Of so that in all things, we will be Your MENT OF FEES.—Subsections (a) and (b) shall course, Republicans want to save So- people and do those good things that apply only if the application for issuance of cial Security and eliminate the mar- honor You and serve the common good. an immigrant visa or the application for ad- riage tax penalty and help family farm- In Your name we pray. Amen. justment of status is filed with appropriate ers and small businesspeople and those f fees within 2 years after the date of the en- who want to send their kids off to col- actment of this Act. lege. THE JOURNAL (d) REDUCTION OF IMMIGRANT VISA NUM- I just thought I would make a little The SPEAKER pro tempore. The BER.—Upon the granting of an immigrant chart here, because I thought I would Chair has examined the Journal of the visa or permanent residence to Mai Hoa ‘‘Jasmin’’ Salehi, the Secretary of State figure out what is the difference here? last day’s proceedings and announces shall instruct the proper officer to reduce by With politicians, one always has to to the House his approval thereof. 1, during the current or next following fiscal kind of not necessarily listen to what Pursuant to clause 1, rule I, the Jour- year, the total number of immigrant visas they say, one needs to watch what they nal stands approved. that are made available to natives of the do. The President says we are squan- f country of the alien’s birth under section dering the surplus if we are going to 203(a) of the Immigration and Nationality use it to eliminate the marriage tax PLEDGE OF ALLEGIANCE Act or, if applicable, the total number of im- penalty. The SPEAKER pro tempore. Will the migrant visas that are made available to na- What is interesting is in the 90–10 tives of the country of the alien’s birth gentleman from Nebraska (Mr. BAR- under section 202(e) of such Act. plan, our effort to save Social Security, RETT) come forward and lead the House The bill was ordered to be engrossed eliminate the marriage tax penalty and in the Pledge of Allegiance. and read a third time, was read the help family farmers and small Mr. BARRETT of Nebraska led the third time, and passed, and a motion to businesspeople, our net tax cut next Pledge of Allegiance as follows: reconsider was laid on the table. year will be $7 billion. I pledge allegiance to the Flag of the f The President says that is $7 billion United States of America, and to the Repub- that is squandered, but he turns right lic for which it stands, one nation under God, MERCEDES DEL CARMEN QUIROZ around and says we need to spend $14 indivisible, with liberty and justice for all. MARTINEZ CRUZ billion of that surplus on the State De- f The Clerk called the bill (H.R. 1834) partment and military spending and for the relief of Mercedes Del Carmen computers for government bureaucrats, PRIVATE CALENDAR Quiroz Martinez Cruz. but that is okay. The SPEAKER pro tempore. This is We cannot have it both ways. Repub- Private Calendar day. The Clerk will There being no objection, the Clerk licans want to save Social Security. We call the first individual bill on the Pri- read the bill as follows: want to eliminate the marriage tax vate Calendar. H.R. 1834 penalty. My hope is the Senate will f Be it enacted by the Senate and House of Rep- join us and the President will join us in resentatives of the United States of America in a bipartisan effort to save Social Secu- BELINDA MCGREGOR Congress assembled, rity, eliminate the marriage tax pen- The Clerk called the Senate bill (S. SECTION 1. IMMEDIATE RELATIVE STATUS FOR MERCEDES DEL CARMEN QUIROZ alty, to help family farmers and small 1304) for the relief of Belinda McGregor. MARTINEZ CRUZ. businesspeople, truly help those who Mr. SENSENBRENNER. Mr. Speak- (a) IN GENERAL.—Mercedes Del Carmen want to send their kids off to college. er, I ask unanimous consent that the Quiroz Martinez Cruz shall be classified as an October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9595 immediate relative within the meaning of Congress has delivered on its promises College of Medicine estimated that al- section 201(b)(2)(A)(i) of the Immigration and to balance the budget, provide mean- most 5,000 American women get breast Nationality Act for purposes of approval of a ingful tax cuts and to save Social Secu- cancer every year because they chose relative visa petition filed under section 204 rity, my liberal colleagues have no bet- to have an abortion; 5,000. of such Act by Mercedes Del Carmen Quiroz Mr. Speaker, covering up the truth Martinez Cruz and the filing of an applica- ter agenda than to shut the govern- tion for an immigrant visa or for adjustment ment down. about possible cancer risk is a serious of status. f matter and must be addressed. I urge (b) ADJUSTMENT OF STATUS.—If Mercedes the House to hold hearings on this Del Carmen Quiroz Martinez Cruz enters the PRESIDENT’S BEHAVIOR DOES NOT matter of importance to all women. United States before the filing deadline spec- CONSTITUTE IMPEACHABLE OF- f ified in subsection (c), she shall be consid- FENSE ered to have entered and remained lawfully GOOD THINGS ARE HAPPENING IN and shall, if otherwise eligible, be eligible for (Mr. CLEMENT asked and was given WASHINGTON adjustment of status under section 245 of the permission to address the House for 1 (Mrs. LINDA SMITH of Washington Immigration and Nationality Act as of the minute and to revise and extend his re- asked and was given permission to ad- date of the enactment of this Act. marks.) dress the House for 1 minute.) (c) DEADLINE FOR APPLICATION AND PAY- Mr. CLEMENT. Mr. Speaker, I do not Mrs. LINDA SMITH of Washington. MENT OF FEES.—Subsections (a) and (b) shall claim to be a great constitutional Mr. Speaker, I want to stand today and apply only if the petition and the application scholar, but I have read the Constitu- for issuance of an immigrant visa or the ap- talk about something good. In the plication for adjustment of status are filed tion and considered carefully what midst of all the scandals that are going by Mercedes Del Carmen Quiroz Martinez scholars have written about the docu- on, there are good things happening. Cruz with appropriate fees within 2 years ment, about what its framers had in Around the Nation people need to know after the date of the enactment of this Act. mind, about our common law tradition about that, as we need to remind our- (d) REDUCTION OF IMMIGRANT VISA NUM- and about the history of impeachment selves in this body. BER.—Upon the granting of an immigrant of government officials. The good thing is we are returning visa or permanent residence to Mercedes Del A careful reading of constitutional power to the American people. We just Carmen Quiroz Martinez Cruz, the Secretary history leads one to conclude the infor- passed a bill that returned money to of State shall instruct the proper officer to the classrooms. Instead of billions of reduce by 1, for the following fiscal year, the mation we have before the Congress total number of immigrant visas available concerning the behavior of the Presi- dollars in bureaucracies, it just says it under section 201(c)(1)(A) of the Immigration dent does not constitute a constitu- is time to go back and give the money and Nationality Act. tionally impeachable offense. Were cer- to the teachers and the families. Today we are going to pass a bill that The bill was ordered to be engrossed tain of the President’s actions shock- returns billions of dollars to the com- and read a third time, was read the ing? Yes, clearly. Distasteful? Yes, clearly. Shameful? Yes. Morally rep- munities to start housing for those third time, and passed, and a motion to that need housing, to have housing for reconsider was laid on the table. rehensible? Yes. Deserving of punish- ment and censure? Clearly, yes. the elderly and those beginning young The SPEAKER pro tempore. This families that are trying to build their concludes the call of the Private Cal- But do the President’s actions meet the test for impeachment envisioned by own homes. endar. Yes, there are good things happening the Founding Fathers? Just as clearly f here in Washington, D.C., and it is not the answer must be a resounding no. all scandal. We need to call the Senate ANNOUNCEMENT BY THE SPEAKER Punish the President, not impeach; and ask them individually to pass Dol- PRO TEMPORE punish the President, not the American lars to the Classroom. Get the dollars The SPEAKER pro tempore. The people. out of the bureaucracy and back in the Chair will entertain 15 one-minutes on f classroom. Get the dollars out of the both sides. bureaucracy and back into housing for ANNOUNCEMENT BY THE SPEAKER our citizens. Good things are happen- f PRO TEMPORE ing. DO DEMOCRATS HAVE AGENDA? The SPEAKER pro tempore. The gen- f (Mr. GIBBONS asked and was given tleman will be reminded that he is not CUBA permission to address the House for 1 to make personal references to the minute and to revise and extend his re- President. (Ms. ROS-LEHTINEN asked and was marks.) f given permission to address the House Mr. GIBBONS. Mr. Speaker, over the for 1 minute and to revise and extend weekend I had the great pleasure of THE ABORTION/BREAST CANCER her remarks.) spending time with some of my con- LINK Ms. ROS-LEHTINEN. Mr. Speaker, for 15 months Cuban dissidents stituents to let them know about our (Mr. PITTS asked and was given per- Vladimiro Roca, Martha Beatriz future agenda in the Republican Party. mission to address the House for 1 Roque, Felix Bonne and Rene Gomez We discussed future surpluses in our minute and to revise and extend his re- Manzano have been imprisoned by the Federal budget, we discussed the re- marks.) Castro dictatorship for publishing a cently passed tax cuts targeting work- Mr. PITTS. Mr. Speaker, this month document critical of Cuba’s Com- ing, middle-class income American is National Breast Cancer Awareness munist totalitarian system. Last week families. We discussed the benefits of Month. I am concerned that the Na- they were charged with a trumped-up the recently passed Patient Protection tional Cancer Institute, our Federal crime of sedition, causing the outrage Act that makes health care more ac- agency charged with leading the war of international human rights organi- cessible, accountable and affordable. on cancer, refuses to tell American zations. But then I got back to Washington women the truth about one of the most This oppression of the voices for free- and read in yesterday’s Roll Call news- avoidable risk factors for breast can- dom in Cuba is routine practice by the paper that Democrats do not even have cer; that is, abortion. Castro dictatorship. Any individual an agenda. As a matter of fact, the ar- Eleven out of twelve studies, most who attempts to exercise his or her gument cited a Democratic source who done by or funded by the National Can- right to free speech to help create a said that their party, quote, ‘‘needs cer Institute, show higher breast can- democratic opening on the island is something to campaign on, and if the cer incidence among American women harassed, arrested and ultimately im- President doesn’t use his veto pen, we who have had an abortion. Meanwhile, prisoned. (the Democrats) are in trouble.’’ the NCI claims on its website there is This is more evidence that Castro Actually maybe I am reading this no convincing evidence of the abortion/ will not change his totalitarian poli- wrong. Perhaps the Democrats do have breast cancer link. tics. Yet the Clinton administration in- an agenda, an agenda to shut down the An exhaustive review of the evidence sists on appeasing the Castro dictator- government. While this Republican-led published 2 years ago by Penn State ship by failing to implement the H9596 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Helms-Burton law and waiving impor- paign, and I think I’ve demonstrated it not unlike those to make the U.S. first tant parts of this legislation. It is time in my life.’’ to the moon are needed to protect the for the White House to wake up and re- Again in 1992: ‘‘I’m concerned by any American way of life. The President alize that flirting with Castro will not action which sends a signal that if you must agree to put a ballistic missile help bring freedom to Cuba’s oppressed work for the government, you’re above defense system in place today because people. the law, or not telling the truth to the American citizens need to be secure f Congress, under oath, is somehow less that they are safe. serious than not telling the truth to FISCAL YEAR 1999 AGRICULTURE f some other body, under oath.’’ APPROPRIATIONS ACCOMPLISHMENTS f (Mr. BARRETT of Nebraska asked (Mr. GUTKNECHT asked and was and was given permission to address THE RULE OF LAW given permission to address the House the House for 1 minute and to revise (Mr. BARR of Georgia asked and was for 1 minute and to revise and extend and extend his remarks.) given permission to address the House his remarks.) Mr. BARRETT of Nebraska. Mr. for 1 minute.) Mr. GUTKNECHT. Mr. Speaker, Speaker, I rise to strongly encourage Mr. BARR of Georgia. Mr. Speaker, there is an expression around this town the President to sign the 1999 agri- on November 5, 1997, I introduced a res- that ‘‘people are entitled to their own culture appropriations bill. This bill olution calling for an inquiry into the opinions, but they are not entitled to contains much needed assistance for impeachment of President Clinton. their own facts.’’ We have heard a lot farmers and ranchers who are facing Yesterday the House Judiciary Com- in the last couple of weeks about this severe drought, farmers trying to hold mittee, 11 months to the day there- Congress and how little it has accom- together their operations in the face of after, voted to begin that inquiry, hav- plished, but let us look at the facts. several years of floods and disease, and ing before it at least 15 possible im- For the first time since I was in high farmers seeing their incomes decline peachable offenses. By the end of this school, we have a balanced budget. We significantly due to circumstances be- week, the full House will have the op- have more than that. We have a sur- yond their control. portunity to begin to find the truth by plus this year. And for the first time I want to emphasize to my colleagues supporting this resolution. since Tiger Woods was 5 years old, the assistance provided in this bill is If we accept that this inquiry is American families are actually going not an implicit acknowledgment that merely about sex and politics, we have to get some tax relief. Let us talk agriculture policy needs to change di- already failed in our constitutional re- about some of those tax cuts and what rection. It is simply a recognition of sponsibility. This is about the rule of they mean to American families. the great need that we have in rural law. It is about accountability. It is We are allowing for a $500-per-child America. about American citizens being free tax credit. We are making it easier for The calls for additional funds for from fear that a high government offi- families to send their kids to school farmers are not about money, they are cial can tap them on the shoulder, es- and to college, and we are also making about policy. Some believe that they cort them into a room, force them to it easier for them to save and invest for can seize on today’s problems to succumb to the official’s wishes and their future through capital gains tax change the course of the 1996 farm bill. then obstruct that citizen’s right to relief and estate tax relief. My question is, why return to the old, seek justice in our courts. IRS reform. We are now saying that failed farm policies of the past? Let us We must stand firm for the law, the the IRS has to prove that you are work through these international trade Constitution, and the American people guilty rather than the other way problems and continue to free agri- by supporting the inquiry of impeach- around. culture to achieve great success in the ment. In the area of agriculture, we have 21st century. A good first step would be f made significant progress in terms of for the President to sign this bill. Do THE NEED FOR A NATIONAL BAL- helping our farmers get through these not play shut down the government LISTIC MISSILE DEFENSE SYS- tough times. with our farmers. TEM TODAY In health care, we have made it much f more portable so if you lose your job or (Mr. PETERSON of Pennsylvania change jobs, you can take your health THE PRESIDENT IN HIS OWN asked and was given permission to ad- WORDS insurance with you. dress the House for 1 minute.) In the area of education, this Con- (Mr. BALLENGER asked and was Mr. PETERSON of Pennsylvania. Mr. gress is saying that 90 percent of the given permission to address the House Speaker, I want my colleagues to ask funds ought to go to the classroom for 1 minute.) themselves a question. That question rather than be consumed by the bu- Mr. BALLENGER. Mr. Speaker, is, how long will it be before rogue na- reaucracy. guess who made the following quotes. tions are able to reach American soil In 1974: ‘‘If a President of the United with ballistic missiles? In 1995, some b 1015 States ever lied to the American peo- said 15 years. President Clinton used On all the areas people are entitled ple, he should resign.’’ this information to justify his veto of to their own opinions, but they are not Again in 1974: ‘‘I think it’s plain that the 1996 defense authorization bill entitled to their own facts. the President should resign and spare which called for the deployment of a f the country the agony of this impeach- national missile defense system by the ment and removal proceeding. I think year 2003. Mr. Speaker, as our esteemed WHAT A DIFFERENCE IT MAKES the country would be spared a lot of chairman of the House Committee on HAVING REPUBLICANS IN agony and the government could worry National Security, the gentleman from CHARGE OF THE HOUSE AND about inflation and a lot of other prob- South Carolina (Mr. SPENCE), said, the SENATE lems if he’d resign.’’ missile threat is not 15 years away, it (Mr. KINGSTON asked and was given Again in 1974: ‘‘I think the definition is here now. permission to address the House for 1 of impeachment should include any Recently we found out that North minute and to revise and extend his re- criminal act plus willful failure of the Korea fired its Taepo Dong 1 missile marks.) President to fulfill his duty to uphold over the Sea of Japan. This missile has Mr. KINGSTON. Mr. Speaker, after 2 and execute the laws of the United a maximum range of 1,250 miles. If any- years of being stricken and terrified States. And another factor that I think one thinks that North Korea and other with a Democrat House of Representa- constitutes an impeachable offense nations do not have the technological tives, a Democrat Senate and a Demo- would be willful, reckless behavior in ability to hit American soil, we could crat White House, the American people office.’’ all be dead wrong. in 1994 changed horses. We put Repub- In 1992: ‘‘I think trust and trust- The U.S. must be able to defend itself licans in charge of the House and the worthiness is an issue in this cam- from ballistic missile attacks. Efforts Senate, and what a difference it made October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9597 as compared to when the Democrats last several months people have said, for local housing authorities and great- were running the show, pushing for so- ‘‘Gosh, why do you all let Bill Clinton er housing opportunities for the work- cialized medicine, and pushing and take credit for balancing the budget, ing poor. Mr. Speaker, I want to com- passing the largest tax increase in the cutting taxes and reforming welfare?’’ mend the chairman of the Subcommit- history of the country, pushing for all And I am reminded of that great, great tee on Housing, the gentleman from kinds of new regulations on the Amer- sign that appeared on President Ronald New York (Mr. LAZIO), for his success- ican families and businesses. Reagan’s desk in which said: ful efforts in moving this good govern- Republicans got in there, worked for ‘‘There is no limit to what you can ment reform bill forward. balancing the budget. Now for the first do as long as you don’t care who gets I would also note that the conference time since 1969 the budget is balanced. the credit.’’ report provides nearly three-quarters Medicare reform. 1995, when the Mr. Speaker, it is very clear that we of a billion dollars more than the trustees said Medicare was going as Republicans have, in fact, won the President requested for various veter- broke, went in and on a bipartisan war of ideas. We, in fact, have been the ans assistance programs such as medi- basis saved and protected Medicare. ones who for years have been advocat- cal care and research, and at this And on the economy, by slowing ing balancing the federal budget, cut- point, Mr. Speaker, having said that, I down the rate of growth in government ting taxes and reforming our welfare am going to move into a very, very im- the economy has moved, and here is an system. portant issue here, and I am going to indication of it where the Dow Jones So while Democrats and Republicans take time and encourage my colleagues industrial average in 1994 was at 3800. alike can take credit for it, I am par- to join me as we pay tribute to the guy By 1998 it had gone towards the 9,000 ticularly proud that it was our party, who has done more than almost anyone level. That means lots of new jobs for the Republicans, who consistently ar- for veterans in those areas of medical American workers, and that shows gued that for years, and we are today care and research, and I am referring of course to my great pal from Glens what kind of a difference the ballot box enjoying the benefits of those very im- Falls, New York, the distinguished can make. portant policies. chairman who will be retiring: JERRY f f SOLOMON. DISCRIMINATION AGAINST AFRI- CONFERENCE REPORT ON H.R. 4194, Nobody has worked as aggressively CAN AMERICAN AND MINORITY DEPARTMENTS OF VETERANS and as tirelessly on behalf of our na- FARMERS ACKNOWLEDGED BY AFFAIRS AND HOUSING AND tion’s veterans and for all those pro- DEPARTMENT OF AGRICULTURE URBAN DEVELOPMENT, AND grams that benefit them than JERRY INDEPENDENT AGENCIES APPRO- SOLOMON. (Ms. MCKINNEY asked and was given Mr. Speaker, as you know, the gen- permission to address the House for 1 PRIATIONS ACT, 1999 tleman from New York (Mr. SOLOMON), Mr. DREIER. Mr. Speaker, by direc- minute.) as I said, will retire this year after two tion of the Committee on Rules, I call Ms. MCKINNEY. Mr. Speaker, I rise long decades of very distinguished serv- up House Resolution 574 and ask for its on behalf of a forgotten component of ice here in the House of Representa- immediate consideration. today’s farm debate, the African Amer- tives. During the last 8 years he served The Clerk read the resolution, as fol- ican and other minority farmers. as the top Republican on the House lows: Mr. Speaker, this Congress is work- Committee on Rules, and during the ing at revealing speed to fashion a H. RES. 574 last 4, as we all know, and especially package of disaster assistance for our Resolved, That upon adoption of this reso- the gentleman from Massachusetts Nation’s farmers, only some of our lution it shall be in order to consider the (Mr. MOAKLEY) knows this, JERRY SOL- most needy farmers do not qualify, and conference report to accompany the bill (H.R. 4194) making appropriations for the De- OMON has served as chairman of the more do not even know about it. The committee. I know I speak for many of President has requested $7.1 billion in partments of Veterans Affairs and Housing and Urban Development, and for sundry his colleagues in Congress, his con- emergency relief for Congress to con- independent agencies, boards, commissions, stituents in the Adirondacks and other sider, and we have heard the moving corporations, and offices for the fiscal year parts of New York, our men and women testimonials about low prices and dev- ending September 30, 1999, and for other pur- in uniform and the millions of veterans astating drought. poses. All points of order against the con- who bravely serve their country when I However, African American and mi- ference report and against its consideration say that we will all miss the gentleman are waived. The conference report shall be nority farmers have borne a weight from New York (Mr. SOLOMON). even more severe than heavy debt and considered as read. Jerry was first elected to Congress as poor harvesting, that of discrimination The SPEAKER pro tempore (Mr. part of the very distinguished class of and racism. This discrimination has UPTON). The gentleman from California 1978, which includes, of course the gen- been acknowledged by the U.S. Depart- (Mr. DREIER) is recognized for 1 hour. tleman from Georgia (Mr. GINGRICH), ment of Agriculture, and Secretary Mr. DREIER. Mr. Speaker, for pur- my colleagues from California, JERRY Glickman personally told me that this poses of debate only, I yield the cus- LEWIS and BILL THOMAS and a number issue was a priority for his office. Now tomary 30 minutes to my very dear of others. But the legacy he will leave unfortunately even the Inspector Gen- friend from South Boston, Massachu- behind is as impressive as some who eral of USDA indicts Secretary Glick- setts (Mr. MOAKLEY), pending which I have served in this institution for gen- man as the culprit in the lack of relief yield myself such time as I may con- erations. for America’s minority farmers. sume. During consideration of this res- Inspired, as I was, by President Ron- I say no farm relief unless minority olution, all time yielded is for the pur- ald Reagan, JERRY SOLOMON has farmers and African American farmers pose of debate only. worked to strengthen the morale and are included. (Mr. DREIER asked and was given preparedness of our military and to f permission to revise and extend his re- make the government fiscally respon- marks and include extraneous mate- sible by rooting out waste and ineffi- REPUBLICANS HAVE WON THE rial.) ciency. He is a principal author of the WAR OF IDEAS Mr. DREIER. Mr. Speaker, this rule line item veto legislation that was en- (Mr. DREIER asked and was given waives points of order against the con- acted in the Congress in 1996. He fought permission to address the House for 1 ference report to accompany H.R. 4194, tirelessly for the defense build up of minute and to revise and extend his re- the VA, HUD and independent agencies the 1980s that led to the end of the Cold marks.) appropriations bill for fiscal year 1999. War. At a time when the all volunteer Mr. DREIER. Mr. Speaker, balancing A key element of this rule is that it Army is serving our Nation well, JERRY the budget, cutting taxes and reform- permits the inclusion in the conference reminds us every year of the pending ing the welfare system, those are report of the public housing reform bill dangers that loom on the international things of which both Democrats and that the House passed last year with horizon by his spirited advocacy of the Republicans are very proud. I remem- substantial bipartisan support. That Selective Service program. His unques- ber that in speech after speech over the legislation will provide more flexibility tioned patriotism and love of country H9598 CONGRESSIONAL RECORD — HOUSE October 6, 1998 have been a source of leadership and in- erans’ health, veterans’ pensions, the he is leaving with my ability to say spiration to those who have been fortu- POWs, the MIAs and also defense Mr. Chairman. When we first came, we nate enough to spend their entire lives spending. In fact he will find any way were not completely believing that we in a world free from global conflict. to sneak his military service into would ever, ever be able to be in the But if there is one legacy that JERRY about any conversation. majority. It was a long difficult haul. SOLOMON can be most proud of Mr. I have sat next to JERRY SOLOMON for But JERRY was key to making it hap- Speaker, it can be found in the veter- many years, and I have to say that I pen. ans programs and their funding levels preferred having him on my right. But There are a lot of people around here contained in the appropriations bill he has been a very dedicated chairman, who hold a lot of opinions and we never that this rule makes in order. and, believe it or not, Mr. Speaker, he really know where they stand. Neither As a veteran of the United States has even granted a few open rules. of those are a problem with JERRY. He Marine Corps, as my late father was, he Alongside his favorite President, believes certain things. He believes served during the Korean war and was Ronald Reagan, JERRY fought the them very strongly. He will let us a former Member of the House Com- spread of communists all over the know exactly where he is on those mittee on Veterans’ Affairs. There, as I world. From insisting on a balanced issues. That means that it is a joy to said, there was no better advocate for budget to a shrinking Federal Govern- work with him—if we are on the same our brave men and women who have ment, JERRY has been a dedicated sol- side. If we are not, it is full combat. made sacrifices for our country and for dier of the conservative movement. Since we are almost always on the the freedoms that we enjoy, and there As chairman of the Committee on same side, it has been an absolute is no one more committed to the long- Rules, JERRY filled those shoes as well pleasure to work with him. term success of our military. Serving as anybody that handled that commit- Just one short vignette to give my with JERRY SOLOMON on the Committee tee before him. He served with distinc- colleagues the feeling of how wonderful on Rules and on the front lines to im- tion, and he has done his party a great it has been over these last 2 decades. plement the policies of Ronald Reagan service. It has been a great pleasure for We were freshmen, and there were 35 of us meeting out at the Marriott for our has been one of the most rewarding ex- me to be working with JERRY. Even periences of my years here. though our ideologies are 180 degrees orientation. I came late actually. I re- Mr. Speaker, I want to offer my very apart, we still have a fond friendship placed a Member who had died after best wishes to JERRY and his wonderful for each other which shows that oppo- the primary in 1978. On my left was Dan Lundgren as a wife, Frieda, and their great family as sites really do attract. freshman Member now running for he pursues what I am sure will be an- But his district has been very fortu- Governor of California. On my right other long and very distinguished ca- nate to call him Representative, and I was JERRY SOLOMON. JERRY leaned over reer in the years ahead. have been fortunate to call him my and talked to Dan and said, ‘‘Dan, I With that, Mr. Speaker, I will urge friend. really admire you. You ought to run adoption of this rule. So JERRY, semper fi. for freshman president.’’ Dan felt pret- Mr. Speaker, I reserve the balance of I rise in support of this rule and congratulate ty good, so he stood up and said I am my time. my colleagues JERRY LEWIS from California announcing for freshman president. I Mr. MOAKLEY. Mr. Speaker, I yield and LOUIS STOKES from Ohio for their good did not say anything and moved to myself such time as I may consume. work on this bill. JERRY, and JERRY stood up and said ‘‘I (Mr. MOAKLEY asked and was given Although at one point the VA/HUD con- am announcing for freshman presi- permission to revise and extend his re- ference report contained some pretty awful dent.’’ marks.) Housing language, it has been removed and Mr. MOAKLEY. Mr. Speaker, I thank With JERRY, we know exactly what the bill is much better for it. we get; and the saddest thing of all is my colleague, my dear friend from This bill funds Americorps, boosts veterans California (Mr. DREIER), for yielding we are not going to get him anymore. medical programs, and fully funds clean water Mr. MOAKLEY. Mr. Speaker, I have me the customary half hour, and, Mr. action. It provides $3.7 billion for the National Speaker, I rise in strong support of this no further requests for time. Science Foundation which I completely sup- Mr. DREIER. Mr. Speaker, will the rule, and I rise to pay tribute to my port. In this high-tech era we cannot devote gentleman yield? dear friend and for a few weeks remain- too much time or energy to advancing sci- Mr. MOAKLEY. I yield to the gen- ing my chairman, JERRY SOLOMON. I entific research or training our children to take tleman from California. think the VA, HUD and independent that research over. Mr. DREIER. Mr. Speaker, are there agencies rule is really the perfect place This bill provides housing for the elderly and no Democrats on the other side who to pay tribute to JERRY. the disadvantaged. It fully funds section 8 and want to talk either about this spec- Mr. Speaker, during his 20 years in public housing modernization which I can say, tacular conference report or the gen- the Congress, JERRY SOLOMON has been as a former resident of public housing, is tre- tleman from New York (Mr. SOLOMON)? a tireless defender of the American vet- mendously important. Mr. MOAKLEY. I do not think so. erans. Many fights up in that Commit- I urge my colleagues to support this rule Mr. DREIER. Mr. Speaker, the gen- tee on Rules, I saw him put people in and support this conferences report. tleman just spun around. I am sure their place because they did not feel Mr. Speaker, I reserve the balance of they will be breaking down the doors that the veterans role was still impor- my time. to come in here. 1 tant. He has worked harder than just Mr. DREIER. Mr. Speaker, I yield 11⁄2 Mr. Speaker, I yield 1 ⁄2 minutes to about anybody to make sure that the minutes to the gentleman from Bakers- the distinguished gentlewoman from men and women who gave themselves field, California (Mr. THOMAS) with Charlotte, North Carolina (Mrs. in defense of this country are treated whom, as I mentioned in my opening MYRICK), a member from the Commit- with the honor and gratitude that they remarks, the gentleman from New tee on Rules and my friend. deserve. And he is so proud of his be- York (Mr. SOLOMON) came to the Con- Mrs. MYRICK. Mr. Speaker, I do rise loved Marine Corps that he still gets gress. today in honor of our chairman, the the Marine Corps hair cut, and I do not (Mr. THOMAS asked and was given gentleman from New York (Mr. SOLO- think anything has touched him more permission to revise and extend his re- MON), and to say that our committee is than receiving the Marine’s Iron Mike marks.) a small one, but it is definitely domi- award. nated by the humor and the kindness b At a time when our national security 1030 and actually the temper of our chair- is threatened by more regional unrest Mr. THOMAS. Mr. Speaker, appar- man. and threats of terrorism than large ently there is a long list of people who There is no better place than today global conflicts, many people overlook want to get their licks in, so we appar- in VA–HUD to honor him, too, because the contributions made by America’s ently have only a brief period of time. no one has worked harder for the veter- fighting men and women, but not The one thing that I enjoy almost as ans of this country than Jerry has. I JERRY SOLOMON. JERRY has been at the much as anything since I came to Con- know New York State is going to name forefront of nearly every debate on vet- gress with JERRY was to indicate that a veterans’ cemetery after him. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9599 He is a true hero in the likes of Ron- day in and day out under the leader- love with this institution. I think ald Reagan whom I know very much ship of JERRY SOLOMON, Mr. Speaker, JERRY SOLOMON has clearly done that, that JERRY totally supported and is you understand what the word char- and I tell people often, and I think, very pleased to be cut out of that same acter is all about. You also learn what JERRY, you, must, too, say I love the mold. hard work means in the context of House of Representatives; I love its My first impression of the chairman teamwork. procedures; I love its camaraderie. I was actually when I was here my first It has been my immense privilege to even like some of the partisan fights year and in the leadership, and Mr. become a friend of this extraordinary we have here because we are all work- SOLOMON challenged somebody to step American patriot, an extraordinary ing here in this House for things in outside. I thought, gee, that is really American patriot devoted to his family which we invest so much of our life’s different. Fortunately, I was never and to his colleagues, generous in spir- heartfelt belief, and JERRY has done challenged myself personally to step it, gracious to all, but unyielding in his that. outside, thank goodness. defense of America, its people, and He is an intense man. He is a colorful But his humor is interjected in ev- their freedom. man. He is a funny man on occasion. erything we do, and we very much ap- I will truly miss his daily counsel On occasion, he is an angry man. He preciate that. Sometimes in serious and guidance. I will never be able to can be a stubborn man, but he is also a moments in committee meetings or fully reciprocate his graciousness. To joyful man. leadership or other places, why, JERRY my leader and chairman and to Freda JERRY, congratulations to you to will come up with something that just and the entire family, may you enjoy have come to this town to begin your totally breaks the ice and makes ev- many, many more years of health and service in Washington. To spend your erybody laugh. happiness, and may God’s grace be for- time in this wonderful place, until your One of those times was, very re- ever with you. retirement, I think is an extraordinary cently, we were discussing the very se- Mr. MOAKLEY. Mr. Speaker, I yield privilege. rious problem of the year 2000 and what myself such time as I may consume. I laugh when I think back. I am sure is going to happen to all of our comput- Mr. Speaker, when my dear friend it was for you, JERRY, like it was for ers. JERRY sat down and was talking the gentleman from California (Mr. me and for all of us when we first came about it, and he said, you know, that DREIER) asked me if I had any speak- to town, we were the new kids on the TY2 thing. Everybody just broke up, ers, the reason there are no people, we block. There was not a lot of fanfare. which I thought was really great. have a very important Democratic cau- There was not a great deal of notice Anyway, we are going to truly miss cus going on right now. I know there and, to a large extent, when in fact we him, and I want to say that he is very would be teams and teams of Demo- were noticed at all it was only to ask, much a great patriot of our country. crats ready and willing to say some- who is that guy? Mr. MOAKLEY. Mr. Speaker, I yield Then we worked and we did our job thing nice about JERRY, but they are 3 minutes to my dear friend, the gen- and we made our associations and we tied up in a very important caucus tleman from Florida (Mr. DIAZ- made our mark and we tried this legis- Mr. DREIER. Mr. Speaker, will the BALART). lation and we tried that legislation. We gentleman yield? Mr. DIAZ-BALART. Mr. Speaker, for fought against legislation. We worked Mr. MOAKLEY. I yield to the gen- many years, I used to go to lunch in a with our colleagues. We invited them tleman from California. little restaurant in Little Havana in outside. We even talked about horse Mr. DREIER. Mr. Speaker, tell them that section of Miami. The restaurant whipping on occasion. was called La Hacienda. It was near the to cancel that meeting and get over After all of these years, to look back, here. courthouse. Other assistant State at- JERRY, on that anonymity, where you Mr. MOAKLEY. Maybe if JERRY torneys would go to lunch there as well must have felt like all of us do, a little as public defenders and police officers. would change the rule to increase the insecure, a little worried, will I fit in Very often, also having lunch at La time. here, to think that now after all of Mr. DREIER. Where are your prior- Hacienda was an accountant and busi- these years you are retiring, the nessman named Oliver Martinez. Now ities? amount of time and attention that Mr. Speaker, I yield a minute and a just imagine someone as pleasant and goes to the celebration of your retire- half to the very distinguished gen- charming as JERRY SOLOMON. It was ment, what a mark you have made. impossible not to like Oliver, and we tleman from Texas (Mr. ARMEY), our People that hardly noticed you when became very good friends. majority leader. you came here have their hearts filled Mr. ARMEY. Mr. Speaker, I thank Oliver Martinez is a cousin by mar- with joy that you are leaving. riage to JERRY and to his lovely wife the gentleman from California (Mr. There can be no doubt, there can be Freda. Oliver would always say ‘‘My DREIER) for yielding. And certainly the no doubt, that JERRY SOLOMON will be cousin Jerry is a very important Mem- gentleman from Massachusetts (Mr. a memory to those of us who have had ber of Congress.’’ He would talk about MOAKLEY) is correct, we have no doubt the privilege of serving with you, how proud he was of his cousin JERRY. about it, if, in fact, the democratic Jerry, and you will be a part of these Well, years later, it was my privilege Members of the House of Representa- halls forever and ever, as I hope we will and my honor to be elected to this Con- tives did not, in fact, have things far all have a chance to earn; just a little gress in this miracle of freedom and more pressing to do they would be bit of a time where our ghost might be human dignity known as the United here, JERRY, in large numbers to cele- welcome back here. Sometime way off States of America, and I met Oliver brate your leaving. I would say to the into the future when there is a heated Martinez’s cousin JERRY. I learned gentleman from Massachusetts (Mr. debate on this floor, in the middle of that, indeed, he was an important MOAKLEY), we understand that and we that debate we will all hear a voice Member of Congress. I also learned appreciate it; there is no doubt about come out, ringing through the floor, that he was much more than that. it. saying, ‘‘step outside.’’ I look forward JERRY SOLOMON is the personification JERRY SOLOMON is one of the fortu- to seeing the wonderment on the faces of what is greatest about America. If nate ones. Those of us that have the of the Members as they ask, who was one had to use only one word to de- great privilege of coming to Washing- that guy? Where did it come from? But scribe JERRY SOLOMON, and many other ton and working on behalf of our we will know. words accurately describe him, such as friends and neighbors back home also Thank you, JERRY, for the privilege integrity and patriotism and decency often come to the House of Representa- of being a colleague. and talent and loyalty and friendship tives as our first stop, and those of us Mr. DREIER. Mr. Speaker, having and courage and energy, but if I had to that I think that are fortunate enough spent more time in the woodshed than use one word with which to describe to perceive early that the House of probably any of my colleagues, thanks JERRY SOLOMON, I could do it. That Representatives is a unique place in to the gentleman from New York (Mr. word is character. the history of the world, I think of it as SOLOMON), I know the feeling that was When you are able to spend 4 years the most unique institution of freedom just mentioned by the distinguished working in the Committee on Rules in the history of the world, soon fall in majority leader. H9600 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Mr. Speaker, I yield a minute and a region and on the Central Asian repub- for so long: 40 years. We had an oppor- half to the gentleman from Lincoln, lics and for that we are very grateful tunity, and it has been a wonderful op- Nebraska (Mr. BEREUTER), a classmate and benefitted as Americans. So, JERRY portunity for me, to share that change of the gentleman from New York (Mr. SOLOMON, my colleague, friend, and of life from minority to majority with SOLOMON). classmate of 20 years, I say for the my friend, a former Marine and long- (Mr. BEREUTER asked and was American delegates to the World At- time Congressman, the Chairman of given permission to revise and extend lantic Assembly and for so many of us the Committee on Rules, and a public his remarks.) in this Congress, well done. We do not servant par excellence, JERRY SOLO- Mr. BEREUTER. Mr. Speaker, as a expect you have completed your public MON. classmate, as a friend, as a long-term service but this part of your career is He is a great American. He is a pa- colleague of the distinguished gen- approaching an end and we thank you. triot. He is a man who means what he tleman from New York (Mr. SOLOMON), Mr. MOAKLEY. Mr. Speaker, I yield says and says what he means. If you do I am pleased to say a few words about 2 minutes to the gentleman from Ohio not like it, he will step outside with him. There is much that could be said (Mr. HALL), a dear friend, a man who you. The fact is, though, that everyone about his many very positive contribu- served with JERRY on the Committee respects him. People always wonder tions to this Congress and to the gov- on Rules for many years. when Members retire about who will be ernance of this Nation. Mr. HALL of Ohio. Mr. Speaker, I missed and who won’t be. I happen to Our colleague from New York and I thank the gentleman from Massachu- think that he will be one of the most have worked together on so many setts (Mr. MOAKLEY) for introducing missed Members. He is one of the most issues. Of course, we have had our pol- me. colorful, one of the most dedicated, and icy disagreements from time to time Mr. Speaker, I rise to honor my one of the most hard-working. The but they are few. Our wives also have friend and colleague from the Commit- Washingtonian magazine did say he become very good friends. Sweet, long- tee on Rules, the gentleman from New was one of the most hard-working, and suffering, patient Freda and my wife York (Mr. SOLOMON). He is a very dis- I think it was on the money there. Louise, are good friends, and JERRY tinguished chairman of the Committee I am going to miss that big file folder SOLOMON since you are a marine, and I on Rules, who will be retiring at the with ‘‘Solomon’’ written on it being dare not say former marine, in addition end of this Congress and we will miss carried to and fro. I am going to miss to his public service, after retirement him. our conversations about the dairy from the House, can now devote more b 1045 farmers, and I know that as soon as attention to trying to bring to order that subject comes up next year I will that moving mountain he calls his dog Being chairman of the Committee on be hearing from him. But we want to before it chews up all of his wife’s car- Rules is a difficult job. It is by design wish you and Freda, bon voyage. pets and tears up the entire lawn. one of the most partisan positions in Mr. MOAKLEY. Mr. Speaker, I yield Quite seriously I would like to focus the House, yet the gentleman from myself such time as I may consume to on just one aspect of this gentleman’s New York (Mr. SOLOMON) has succeeded say that I know that JERRY is listening very distinguished service and that is in winning the respect of committee to all of these accolades, and I know his service and contributions in the members on both sides of the aisle. last week some people had some nice North Atlantic Assembly and his focus Being in the minority sometimes is not things to say about him. They were on NATO issues. JERRY SOLOMON has a lot of fun, and oftentimes when we talking about how warm JERRY SOLO- served as a House delegate to the North get run over by JERRY he does do it MON was, what a warm fellow he was, Atlantic Assembly since 1982 and he with style, I will say that. so JERRY went back and looked up has served there for us with great dis- Despite the strong differences of ‘‘warm’’ in the dictionary. It says, ‘‘not tinction. He is currently one of the two opinion in the Committee on Rules, he so hot.’’ Only kidding, JERRY. longest serving members of the House has maintained an atmosphere of Mr. Speaker, I yield 4 minutes to the delegation. In that capacity, he served collegiality that is too rare in the gentleman from New York (Mr. GIL- with distinction as the chairman of one House these days. JERRY and I both MAN), my dear friend, just to show how of the five committees there, the Polit- share a passion for people that are bipartisan this is, the chairman of the ical Committee, for the entire maxi- hurting and certainly for reducing the Committee on International Relations. mum length of time for that position. suffering of oppressed people the world (Mr. GILMAN asked and was given He currently is the North American over, and he has been very generous permission to revise and extend his re- vice president for the North Atlantic with me in support of my efforts to aid marks.) Assembly. the victims of dictators and totali- Mr. GILMAN. Mr. Speaker, along That parliamentary group of NATO tarian regimes, and I thank him for with my colleagues from the State of countries has had a dramatic effect, I that. New York and throughout the Con- might say, in helping the delegates of JERRY is a man of sincerity and in- gress, we find it hard to believe that the countries of the former Warsaw tegrity. He is committed to his causes. our distinguished colleague, the chair- Pact to understand their parliamen- He is one of the giants in the House, man of the Committee on Rules, is not tary role in a functioning democracy. and his expertise, drive, and dedication going to be with us following adjourn- Additional, Representative SOLOMON, have been an enormous influence in ment of this session. among other things, has been in the shaping the legislation that has passed As senior Republican of the New leadership of that NAA effort to help through here. York Congressional Delegation, I ex- our colleagues from the associated Good luck, JERRY. We will miss you. press my regrets on behalf of our entire member nations of Eastern and Central Mr. DREIER. Mr. Speaker, I am delegation that our dear colleague, the Europe. happy to yield 11⁄2 minutes to my friend gentleman from New York (Mr. SOLO- I also would say that the time he from Metairie, Louisiana (Mr. LIVING- MON) has chosen to step down after 20 spent here in this House preparing the STON), the very distinguished chairman years of distinguished service in this entire Congress, including our Senate of the Committee on Appropriations. body. colleagues, for the upcoming vote on (Mr. LIVINGSTON asked and was I came to know and admire JERRY NATO expansion, and his strong, and I given permission to revise and extend soon after he came to Congress in 1978. think correct views, on the necessity of his remarks.) His experience as a Marine, as a town NATO expansion, were a major con- Mr. LIVINGSTON. Mr. Speaker, to supervisor, a county legislator and tribution to the success of the recent my friend JERRY SOLOMON, let me say member of the New York State Assem- enlargement round for NATO and for that our friend, the gentleman from bly, as well as his experience in the in- the enlargement rounds yet to come. Ohio (Mr. HALL) just said being in the surance business, brought to this Beyond that, our distinguished col- minority is not very fun. We know Chamber an outstanding combination league from New York (Mr. SOLOMON) that, but we also know that being in of experience, balance, public service, has focused necessary congressional at- the majority is fun. And my colleagues and most of all, common sense. JERRY’s tention on the nations of the Caucasus on the other side of the aisle knew it ability to forcibly, and I underscore October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9601 forcibly, articulate an issue, his energy their 5 children, I extend my best wish- who served with distinction in the and, most importantly, his integrity, es for their health and happiness in the United States military and then came personified the Congress to many of us. days ahead and remind them that they back to our home region in upstate JERRY, like myself, is a graduate of will always be welcome and always New York, was a successful business- the New York State Assembly, a su- have a home here in the Congress. man, but more importantly in my eyes, perb training ground for legislators, Mr. DREIER. Mr. Speaker, I yield 11⁄2 who entered a career in public service. and he worked well there. JERRY ac- minutes to my very good friend, the From the local government roles to his quitted himself meritoriously in that gentleman from Atlanta, Georgia (Mr. national role today, he has rendered body, his constituents having promoted LINDER), a valued member of the Com- such outstanding service. him to the Congress and keeping him mittee on Rules. I have been in the United States Con- here for some 20 years. I especially ap- Mr. LINDER. Mr. Speaker, it is a gress for half of JERRY SOLOMON’s ten- preciate JERRY’s leadership role in treat for me to be able to be here on ure, and what a privilege it has been, helping to champion our cause of POWs this Tribute to JERRY SOLOMON Day. JERRY, over these past 10 years to serve and MIAs in Southeast Asia, one of our About 3 years ago a huge battle over with you, as a team, because together major priorities. an amendment broke out on the floor we have accomplished a great deal for It is well-known that JERRY has had of this House and it created quite a the capital region of the State of New a deep interest in foreign policy and stir, and people came running to the York, and I will not go into those was a strong defender of our United floor of the House to see what the prob- items right now. But one day on the States national security interests. lem was, and I figured and discovered steps, I think I was in my first or sec- Thus, it was no surprise when he joined that JERRY SOLOMON was right in the ond term, we were having pictures us on the House Committee on Foreign middle of it. A senior leadership aide, taken with our respective constituents Affairs in the 98th Congress in 1983, and those are the ones who are quoted more and JERRY grabbed me and asked the I was privileged to serve with him on often in Roll Call than leadership, a photographer to take a picture of the 2 the Subcommittee on Asia and the Pa- senior leadership aide walked over to of us. He later inscribed that photo and cific under the tutelage of our Ranking me and said, what is JERRY doing? I sent it over to my office and it is on Republican, Joel Pritchard of Washing- said, you need to understand some- my office wall today and it will stay ton. That was the only Congress during thing. JERRY is a Marine, and he is there, and it says, ‘‘Mike, thank you which we served together on a sub- going to take that hill whether you for being part of the 1–2 punch for the committee. like it or not. capital region of New York.’’ Let me JERRY went on to become the Rank- He has been since he was a Marine a acknowledge, there was never any ing Republican on the Subcommittee public servant, both to his neighbor- doubt about who was number 1 and who on International Operations and hood and his community, his State and was number 2. Human Rights in the 99th Congress. his Nation. And he has been an inspira- But I want to say to my friend, Even after leaving our committee in tion to all of us. JERRY, what a great honor it was, and 1989 and joining the Committee on I have been privileged for 4 years to it has been, to be number 2 on that Rules, JERRY has continued his strong serve on the Committee on Rules with team with you. And today I want to interest on issues that affect U.S. eco- him, and he is a fighter, but a fair look you in the eye and say thank you nomic and national security interests. fighter. Always insisting that the mi- for your service to our country, num- JERRY has been a battler for human nority have an opportunity to be heard ber 1, for the tremendous service you rights and against oppression wherever too, always insisting that all sides of gave to your constituents throughout it has reared its ugly head in the world. an important issue get aired on this your long and distinguished career; and My nickname for JERRY is ‘‘the floor in terms of an amendment or an most importantly, thank you for what battler,’’ because he battles so ardently opportunity for debate. you gave to me. You have been a true for his views, but he also enjoys a well I do not know that I have ever seen and loyal friend, and while you are deserved reputation for always being anyone enter into more fights and leaving here, and I regret that deeply, willing to listen to the other side. scraps and battles than the chairman the one thing I take comfort in know- The job of chairman of the Commit- of the Committee on Rules, but I do ing is that that wonderful friendship tee on Rules, a chief legislative traffic not believe he ever has left behind an will continue. cop for this institution, is not an easy enemy. Adversaries, yes; enemies, no. Mr. DREIER. Mr. Speaker, I am task, and JERRY has met those chal- This is a great tribute to a public man, happy to yield 11⁄2 minutes to the gen- lenges in balancing the many diverse and I am honored to have served with tleman from Redlands, California (Mr. views that have come his way, like so him. LEWIS), my very good friend, and the many cars at a busy intersection dur- Mr. MOAKLEY. Mr. Speaker, I yield man who will be managing the con- ing rush hour, with aplomb, fairness to 3 minutes to the gentleman from New ference report when we finally get to all, and good humor, and with his good York (Mr. MCNULTY), who is a fellow that point. partner, the gentleman from Massachu- New Yorker with the person we are Mr. LEWIS of California. Mr. Speak- setts (Mr. MOAKLEY). honoring here today. er, I very much appreciate my col- JERRY has also been a true and loyal Mr. MCNULTY. Mr. Speaker, I thank league, the gentleman from California friend of the veteran. His support for my colleague from Massachusetts for (Mr. DREIER) yielding me this time. their well-being has made him one of yielding me this time. I simply wanted to rise to let the the most beloved of all of our col- Mr. Speaker, when I get up in the House try to remember the good old leagues to them. It was of great com- morning, the first 2 things I do are to days of the House of Representatives. fort to our entire New York Delegation thank God for my life and thank veter- It was just after the election of 1978 to know that JERRY was there to help ans for my way of life, because if it had that the real bomb-throwers came to when it was learned that the VA was not been for the men and women who the Congress. I mean there were the shortchanging our New York veterans’ wore the uniform of the United States likes of NEWT GINGRICH, JERRY LEWIS, hospitals. military through the years, I would not JERRY SOLOMON. I remember saying to In other areas, especially the efforts have the privilege as a citizen of the JERRY one time, I do not sell life insur- to prohibit the desecration of our flag, United States of America of going ance, I help people buy it. We were the as well as to bring jobs to New York around bragging about how we live in only 2 insurance agents in our class. He with a good working wage, JERRY has the freest and most open democracy on said, my, God, I wish I had thought been a dedicated foot soldier. the face of the earth. Freedom is not about that. So in closing, let me say that when free. We have paid a tremendous price b JERRY leaves us, I, regrettably, will be for it. 1100 the only committee chairman left in I shall always be grateful to those JERRY kids me a lot about the fact our New York Delegation. JERRY’s sage who, like my brother, Bill, made the that he has mellowed over the years. advice and friendship is going to be supreme sacrifice, and to people like Many of us, JERRY, have mellowed. But missed by all. To JERRY, to Freda, to that man right there, JERRY SOLOMON, also in this business, while we come H9602 CONGRESSIONAL RECORD — HOUSE October 6, 1998 with preestablished notions about the country. You have had a great career how really a master runs a very politi- way the world should work in the in the House. You have been a credit to cal committee, and I think the gen- toughest business in public affairs, you this institution and to our Nation. As tleman from New York (Mr. SOLOMON) do not understand that working with we both end our careers here at the end has done a remarkable job. other people and recognizing that most of this term, I just want you to know I first was aware of JERRY SOLOMON issues have little to do with partisan- that it has indeed been a great honor when I ran for office in 1994. I think on ship, per se, compromises, the way you for me to have served with you. a weekly basis I would get faxes from move towards your objective in terms Mr. DREIER. Mr. Speaker, I yield 11⁄2 his campaign office on various issues of the future of the country, not a minutes to the gentleman from Clarks that JERRY SOLOMON felt very strongly Member in the House has done more of Summit, Pennsylvania (Mr. MCDADE) about. I have to say, I agreed with a that kind of growing than JERRY SOLO- the distinguished chairman of the Sub- vast majority of what he said, which I MON. committee on Energy and Water Devel- think is a compliment to him. There He has made a tremendous contribu- opment, who also is joining that very are some things I disagreed on. But tion to the House. He has told us all distinguished group with Mr. SOLOMON there was one thing that came to my time and time again that we can work and will be, unfortunately, retiring at mind about JERRY SOLOMON and that is together if we will. And while he the end of this term. this: He is very, very opinionated in his pounds his hand on the table, at the (Mr. MCDADE asked and was given positions, as people have mentioned be- same time with a soft velvet glove he permission to revise and extend his re- fore, and yet here he is a chairman of gets an awful lot of work done that marks.) a committee that is probably the most very few people will understand. Mr. MCDADE. Mr. Speaker, I thank political committee in the Congress. His district will have great difficulty the distinguished gentleman from Cali- Mr. Speaker, I think the way that ever replacing the quality and mix that fornia (Mr. DREIER), the able gen- the gentleman has chaired that com- has been JERRY SOLOMON in this House. tleman and next chairman of the Com- mittee over the 2 years that I have I am proud to be his friend. mittee on Rules for yielding me this been on it, and the 2 years prior to that Mr. MOAKLEY. Mr. Speaker, I yield time. I am grateful for the opportunity time, has been very commendable. 1 minute to the gentleman from Ohio to join in this tribute to the distin- Probably the greatest measure of how (Mr. STOKES), the ranking member on guished gentleman from New York, my well he has carried that out is that ev- the Subcommittee on VA, HUD and good friend, JERRY SOLOMON, chairman erybody on both sides, we hear today Independent Agencies Appropriations, of the Committee on Rules. on the Democrat side, on the Repub- who is also retiring, my dear friend. JERRY SOLOMON showed himself to be lican side, that the gentleman has been (Mr. STOKES asked and was given a patriotic champion for conservative very, very fair in carrying out his du- permission to revise and extend his re- causes as well as a masterful legislator. ties as chairman of that committee. marks.) He has done yeoman’s work. We have That is probably the best measure of Mr. STOKES. Mr. Speaker, I thank all benefited from the ‘‘wisdom of Solo- success. the gentleman from Massachusetts mon,’’ and so has the Nation. As the One last question I would like to ask. What really is in that folder that you (Mr. MOAKLEY), for yielding me this Marine, Semper Fi became more than a carry around? time. model for JERRY SOLOMON. It is his Mr. MOAKLEY. Mr. Speaker, I yield Mr. Speaker, I want to associate my- creed. He is genuinely always faithful, myself such time as I may consume. self with the remarks of my other col- and it is part of what makes the gen- Mr. Speaker, I can recall being at a leagues and the tributes paid here tleman from New York such a tena- committee hearing when JERRY was today to chairman of the Committee cious advocate for our Nation’s citi- presiding and after we recessed, an el- on Rules, JERRY SOLOMON. As a Mem- zens, veterans, workers, GIs and the derly gentleman came up and said, ber of the Subcommittee on VA, HUD list goes on and on. ‘‘Mr. SOLOMON, I have been watching and Independent Agencies Appropria- Throughout his career, the gen- the way you move here in the Rules tions, I can personally attest to the tleman from New York has worked to Committee.’’ He said, ‘‘could you give great respect that I have for the gen- protect our Nation’s proud ensign and me a copy of the rules by which you tleman from New York and the manner promote the fiscal prudence that has run the committee?’’ JERRY took out a in which he has represented the citi- led to the elimination of the deficit. picture and just autographed it and zens the New York and the veterans of Mr. Speaker, I know that JERRY is said, ‘‘Here it is.’’ this country. not going to retire, so I will not use Mr. Speaker, I yield 2 minutes to the All of us on that subcommittee be- that word. He is much too active to do gentlewoman from Florida (Mrs. came used to JERRY monitoring every- what retirement often means to people. MEEK). thing we did for veterans. We also And I wish to you and your wife, Freda, Mrs. MEEK of Florida. Mr. Speaker, I knew that if we did not do what he felt much success and happiness in your thank the gentleman from Massachu- should be done in any particular bill, new life. setts (Mr. MOAKLEY) for yielding me that we would hear from him either I was looking forward, JERRY, to per- this time. when we went before the Committee on haps playing a game of golf with you. I Mr. Speaker, I would just like to say Rules or on the floor of this House. thought maybe he does not golf. Maybe to JERRY, I really hate to see you I had the opportunity to appear be- we could go fishing. I found out that leave. I seem to have a strong affinity fore JERRY SOLOMON on several occa- JERRY does not fish much. What JERRY with the older yet really good men in sions when I chaired the VA-HUD Sub- did is work, work with that huge enve- the Congress, JERRY. committee on Appropriations. I have lope of material in front of him. You Everyone keeps addressing JERRY as also appeared before him on numerous have been a great, great credit to the a New Yorker. But many should know occasions as the ranking member of House, and we appreciate it. that he is also a Floridian. And he is the subcommittee. I have to say that I Mr. DREIER. Mr. Speaker, I yield 1 sort of a little enigmatic to me at did not always get what I wanted from minute to the gentleman from Pasco, times in that he always tells me, him, but I was always accorded a full Washington (Mr. HASTINGS), a very val- ‘‘Carrie, you get exactly what you want hearing and a patient understanding of ued member of the Committee on Rules when you come before the Committee my concerns. JERRY was always cour- and my good friend. on Rules.’’ But you know what, I do teous and considerate. Mr. HASTINGS of Washington. Mr. not. But I do not feel badly about it be- I have always enjoyed watching Speaker, I thank the gentleman from cause JERRY has a way of turning you JERRY in action on the floor. He is ani- California (Mr. DREIER) for yielding me down with a smile. He shows no ani- mated, passionate, and a real show- this time. It is my pleasure to be here mosity. He shows no partisanship. He man. No matter how much one may to pay tribute to the chairman of the just tells you ‘‘no’’ when he does not disagree with him, you must also al- Committee on Rules, the gentleman agree with you. I appreciate that about ways admire him. from New York (Mr. SOLOMON). you, JERRY. All of us, also, JERRY, admire your Mr. Speaker, I have been using this I think you can be identified with fierce patriotism and your love of this first time on the committee to observe several identifiers as I see you. Number October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9603 one, you are very tenacious. There is a Mr. Speaker, I yield 2 minutes to the cates himself, that will have the full bulldog in him and he does not give up gentleman from New York (Mr. HIN- devotion of a very competent man, in- very easily. He makes his point on CHEY). deed. issues that are important to him. He Mr. HINCHEY. Mr. Speaker, I was Mr. DREIER. Mr. Speaker, I yield 11⁄2 smiles, he listens, but he never agrees, over in my office listening to the pro- minutes to the gentleman from Cor- but he is fair. ceedings here. I did not realize that ning, New York (Mr. HOUGHTON). He is determined to represent the this tribute to JERRY was going on, but (Mr. HOUGHTON asked and was best in this Congress, and that is fair- I wanted to come over and participate given permission to revise and extend ness. And even in his conservative na- in it. And while I was walking over his remarks.) ture, he is able many times to express here, of course, I was reminiscing Mr. HOUGHTON. Mr. Speaker, the issues from both sides of the point. about my relationship with JERRY over gentleman from Massachusetts said I like JERRY also because he loves his the years, if one could call it that. something about referring to a diction- wife. Some never mention their signifi- I first met JERRY almost a quarter of ary and trying to find out the defini- cant others in this Congress, but JERRY a century ago. I had just been elected tion of the word warm. I tried to do the does. He talks about his wife. He talks to the New York State Legislature, and same thing. I was thinking of JERRY as about his family. He believes in the it was late in the year, 1974, I think De- a great marine, a model marine, and I things that he comes to this well and cember. And I was going through the looked up model and it said miniature purports to be. legislative office building, and the replica of the real thing. So I decided I I like him because he is a clever place was pretty dark and empty. I would not use that. However, I do think of an article I strategist, a good politician, but he is walked down the hall, and all the of- read many years ago written by Bob not hypocritical. That is, he espouses fices were dark. There was no one McNamara, when he left Ford Motor his point of view, and, of course, he is there, except I came upon this one of- Company and he joined the Defense De- able to do that in a very, very intel- fice with the door opened. I looked in- partment, and he described people in ligent manner. He is funny. He is hon- side, and there was someone working positions of importance, of leadership. est. assiduously at a desk. It turned out to And he said there were two types of JERRY, I want to thank you for your be JERRY SOLOMON. people; people who were sort of judi- dedication to the veterans of this coun- Mr. Speaker, that is the first time I try and the way you have expressed cious and passive and sat back and met him. He made an impression on me made their judgments; and the others, your concerns before this Congress. We that particular occasion, only because who were active and pushing and doers are going to miss you, JERRY. Thanks I remember it after all of these years. and enablers. JERRY, you represent the for serving with us this time. And that impression was not a false finest of that, and I am honored to Mr. DREIER. Mr. Speaker, I yield 11⁄2 one. It was a very accurate one. The have served in this body with you. minutes to the gentleman from Wood impression was simply this: that this Mr. MOAKLEY. Mr. Speaker, I yield Dale, Illinois (Mr. HYDE), my very, very was a man who was dedicated to his 2 minutes to the gentleman from Cali- dear friend, the distinguished chairman work; this was a man dedicated to his fornia (Mr. TORRES), a fellow Member of the Committee on the Judiciary, profession and to the people who elect- who is also retiring. which has gotten a little attention in ed him; this was a man dedicated to his Mr. TORRES. Mr. Speaker, I thank the last 24 hours or so. work. the gentleman for yielding me this Mr. HYDE. Mr. Speaker, saying good- He has lived up to that impression time. bye is one of life’s least pleasant tasks, every single day that I have known Mr. Speaker, it gives me a great especially when it is people you love, him in the intervening 24 years. I honor to stand here with so many of people you have grown to respect and served with JERRY for a short time in my colleagues and pay tribute to a count on. This year, and at the end of the State Assembly and then he was great American, JERRY SOLOMON. And every Congress, we say good-bye to so elected to the Congress, and then I as has been just mentioned, he and I many wonderful people. But JERRY knew about him only from time to will exit here together. We will not be SOLOMON is quite special. time, and we would run across each here next term. But I feel a good feel- I could describe him as a perfect other, reading about him in the news- ing leaving with a person like JERRY blue-white diamond in a sea of zircons, papers. SOLOMON from these hallowed cham- but that makes the rest us zircons and Then when I came here a few years bers. that might not be the most apt descrip- later to begin to serve with him, I I have watched him over the years tion. could witness again that same kind of perform his job, as many of my col- JERRY, they have talked about your energy, that same kind of enthusiasm, leagues here have mentioned, with fierce patriotism, about your loyalty that same kind of dedication to his great diligence and great dedication. to the party, about your energy, your profession, to his work, to his constitu- Tough, but with well meaning in his activism. I just want to say two things ents, and to his beliefs. heart. Honorably. We talk about an ex- about you. JERRY and I differ on issues, and we marine, a model marine. That he is. One, I know of your personal physical have from time to time from the very I had the distinct privilege to travel courage, spiritual courage. It is rare beginning, and we continue to differ on with him to South Korea recently and it is marvelous. But most of all in some issues and will for the rest of our where we visited the DMZ, and I was so a time of overpowering cynicism, you lives, I feel safe in saying. Neverthe- proud to stand with him on that line have proven by your 20 years here in less, I bear for him the greatest respect where he described his negotiations Congress that politics can be a noble and admiration because he is an exam- with the North Koreans, along with profession, because you have brought ple of the total absence of ambivalence. former Representative Sonny Mont- real nobility to it. We will miss you. gomery, as they negotiated to bring b Mr. MOAKLEY. Mr. Speaker, I yield 1115 back American bodies from that war- myself such time as I may consume. He believes in things. He believes in torn land. It was, indeed, an inspira- Mr. Speaker, the gentlewoman from them fully, firmly and devoutly. You tion to be there with him. Florida (Mrs. MEEK) just alluded to Mr. never have to question yourself with I would say to the gentleman from SOLOMON’s wife. When I first heard regard to where JERRY stands on any of New York (Mr. GILMAN) that he would about Mr. SOLOMON’s wife, I pictured a the issues. He is very happy to tell you, have been proud of JERRY. I saw JERRY big, burly woman with a submachine and to tell you in the most direct and act as a statesman in the way he han- gun guarding his premises in New forthright way. dled discussions in the Middle East, in York, as he brought up in one of the So it is with a sense of sadness that central Asia, and in the Far East on debates on gun control. Then I saw this I see him leave this chamber, but also many questions that are so close to the beautiful, petite young lady in the with a sense of joy for him and for his people in this body; peace negotiations, Committee on Rules and I said, ‘‘Are family, because I know that he is going the discussion on the financial mar- you still sitting at the window with on to a new and productive life. And kets, the discussion on NATO ques- that rifle?’’ She denied it. whatever it is to which JERRY dedi- tions. He, indeed, epitomizes a great H9604 CONGRESSIONAL RECORD — HOUSE October 6, 1998 statesman, here in the House and another valued member of the Commit- cipline, as a teacher to many of us. And abroad, and we were all so proud of tee on Rules. I am not talking about staff members, him. Mr. MCINNIS. Mr. Speaker, the and not about the pages, I am talking We hate to see you leave, JERRY, I chairman of the Committee on Rules about other Members of Congress. And know, but I am going with you. So I has ably served our country, and I can for that, and all the other things you hope that on some occasions we will tell him that I have always looked at have heard here this morning, we come back here to meet again. I wish him with a great deal of respect not thank you very much. your wife Freda, an elegant lady, the only as chairman but like a big broth- Mr. DREIER. Mr. Speaker, I yield 11⁄2 best, and you and your daughter the er. minutes to the gentleman from Rich- best ever. Thank you so much. It has As I hear the stories, I first of all mond, Virginia (Mr. BLILEY), one of my been a pleasure to serve with you. want to affirm that Freda is a wonder- classmates, and the very distinguished Mr. DREIER. Mr. Speaker, I yield 1 ful, wonderful person. I wish she could chairman of the Committee on Com- minute to the gentleman from Sanibel, be on the House floor. I wish our rules merce. Florida (Mr. GOSS). We are all very allowed her to be here to receive some (Mr.BLILEY asked and was given gratified that our colleague from of these tributes as well. permission to revise and extend his re- Sanibel has returned and that his wife But I do want to very quickly relate marks.) is recovering well. a story about how dedicated, in the Mr. BLILEY. Mr. Speaker, I thank Mr. MOAKLEY. Mr. Speaker, I yield marine type of environment, that our the gentleman for yielding me this 1 minute to the gentleman from Flor- chairman is. Tragically, he lost a con- time. Like the gentleman from Illinois ida (Mr. GOSS). stituent in my district, in a river. And (Mr. HENRY HYDE) said so eloquently, it (Mr. GOSS asked and was given per- as my colleagues know, the Rocky is always hard to say goodbye. mission to revise and extend his re- Mountains can be terribly unforgiving. JERRY is everything, but especially a marks.) So the chairman called me up and said, patriot. We know about his efforts to Mr. GOSS. Mr. Speaker, I thank my look, we have this body, a constituent, create the Department of Veterans Af- distinguished friend from California and the family is grief stricken. I want fairs, about his efforts to pass a law (Mr. DREIER) for his words and the well that body recovered. that says if you do not register for the wishes, as does my wife, and I thank I said, Mr. Chairman, you do not just draft, you do not get any Federal funds the gentleman from Massachusetts for recover these bodies that easily. It is or aid; if you are a college or univer- yielding me the time. somewhat of a difficult task. He said, I sity, and you do not allow military re- Mr. Speaker, I am happy to be here will bring in the Navy. I said, no, do cruiters on your campus, you do not for this occasion to speak about the not bring in the Navy. It will take a get any aid. His tireless work for Tai- distinguished gentleman from Glens while for this thing to come up. wan and the relationships between Tai- Falls, New York. He is a very unique The next day we had Navy heli- wan and the United States. His tireless Floridian. He is the one who went the copters in my district, we had Navy work to not forget Latvia, Lithuania wrong way. He was born in Florida and frogmen in my district. And the worst and Estonia; that they should be mem- went to New York. Most of New York is editorials I have ever gotten from my bers of NATO. And I know he will con- coming to Florida, as we know, and we newspapers were because I knew JERRY tinue to work on that when he leaves welcome him and we hope to get JERRY SOLOMON and he brought in the mili- this great body. back, and Freda and others, back to tary into the wilderness of Colorado. But I would like to remember some Florida. We would be proud to have At any rate, you did succeed in your of our travels with the North Atlantic you. mission. You are dedicated to your Assembly. I remember particularly one I think of a lot of things when I think constituents, you are dedicated to this time going with him to Maras, Turkey. about JERRY SOLOMON and my years of country, and you are also dedicated to We went on a boat up a river. It kind of service with him. I started out being your colleagues. You have helped us a reminded you of Moses and the papyrus one of four on the Committee on Rules lot. So I want to confirm all those com- and the reeds along the Nile. We got a when he was the minority leader for us. pliments and that we are going to miss terrible rain but we got up there. I learned an awful lot. Then he did you, Mr. Chairman. Another time we were in Brussels something magic and suddenly we were Mr. MOAKLEY. Mr. Speaker, I yield and we had a meeting with Sir Leon nine and the majority, and I have 1 minute to the gentleman from New Britton, who represents very ably the learned even more having him as our York (Mr. QUINN). European Community and the Euro- chairman. Mr. QUINN. Mr. Speaker, I appre- pean Union on trade, and he really I think of energy. I think of vitality. ciate the gentleman yielding me this took on Sir Leon, so much so that, and Every time I think of JERRY, I think of time. There are too many people on these meetings with the Europeans al- a marine. Just find me a hill to charge that side, JERRY, so I had to come over ways start late and finish later, but up. He has got nonstop energy and will to my good friends on this side of the this one finished early. They were take on anything. aisle to get some time for you. dumbfounded. And his great debates And in this town particularly, I I want to say, on behalf of all of us in with the liberal labor member from think of forthrightness. With JERRY New York, and I just left the American Great Britain on defense, Bruce SOLOMON, I do not think it is a ques- Legion’s conference over in the Cannon George. tion of having to read the tea leaves. If Building, to come over and thank you Mary Virginia and I loved being with you have not figured out where he on behalf of all veterans and all Amer- JERRY and Freda. We will sorely miss stands, listen to him for a minute, he ican Legion members and all citizens you, Mr. Chairman. You have been a will tell you very clearly. I think of in- for your work on the flag amendment. great friend. We have not always tegrity, professionalism, knowledge- We appreciate that deeply. agreed, but you have always been help- ability. Also, as a New Yorker, when we first ful and a great inspiration to all of us. I know, from my travels with Mr. came here, now three terms ago, a Godspeed. SOLOMON around the world, from the bunch of us were just dropped into the JERRY SOLOMON is a true American patriot. love of his family, the love of his U.S. Congress and then they told us He is an ardent anti-communist who supported friends for him here and abroad, that about something they called the com- the policies of Ronald Reagan. These policies he will not be forgotten. The wisdom of mittee on committees. We could not brought down the Berlin Wall and won the SOLOMON will endure very definitely, believe there was such a thing, but it Cold War. JERRY was only in his second term the reputation of SOLOMON will endure, was you who helped and guided us. when Reagan entered office but Reagan knew and we all hope that SOLOMON will en- I guess what I want to say on behalf he could count on JERRY to lead the charge dure, and we look forward to working of a lot of us, JERRY, as a former on his anti-communist policies. with him now and forever. schoolteacher for many years up in Love of God, love of family, and duty, Mr. DREIER. Mr. Speaker, I yield 11⁄2 Buffalo, New York, you have probably honor, country best describe JERRY. As a Ma- minutes to the gentleman from Glen- served, without even knowing it, be- rine, JERRY know peace did not come cheaply. wood Springs, Colorado (Mr. MCINNIS), cause of your example and your dis- JERRY fought strenuously for causes he cared October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9605 about as our colleague. His love of God and and the Marine Corps League. So I along with Chairman GILMAN when we country guided him in his legislative accom- think his patriotism is there for all of honored the fallen men in World War II plishments on Capitol Hill. us to see. and honored them by placing wreaths His most significant accomplishment was This gentleman also served with dis- on their graves in Europe. That was a the creation of the Department of Veterans Af- tinction on the Foreign Affairs Com- particularly special occasion for those fairs. During the bill signing, President Reagan mittee and on the House Committee on of us who claim birth after World War paid tribute to JERRY. President Reagan re- Veterans’ Affairs. And we talk about II, for it helped us understand fully marked, ``We have it this year because Marine his great distinction as chairman of what this country’s freedom truly veteran Congressman JERRY SOLOMON the Committee on Rules, but those means. worked to make sure the job would be com- committees also were his forte. In addi- I applaud you also for the love that pleted before Congress adjourned.'' tion, he is a former chairman of the you express for your family, your wife, In JERRY's unabashed style, he passed leg- Prisoners of War, Missing in Action your daughter, and that great New islation which barred federal aid to those who Task Force, and is still an active par- York community that has a lot of ap- refuse to register for the Selective Service; he ticipant in this task force. ples in it which you represent. Finally, also championed legislation that halts federal He has been identified with various I just simply wanted to thank you for aid to colleges and universities that bar mili- issues, but the issue that I really iden- teaching me a thing or two about the tary recruiters from campus. And next year, tify with him is the second amendment Rules Committee, however, I also want JERRY, it will be the year a Constitutional and the fourth amendment. I will never to let your colleagues know and the Amendment banning flag burning passes both forget on the House floor, in the gentleman from Massachusetts (Mr. the House and the Senate and is sent to the evening, when Mr. SOLOMON stood up to MOAKLEY), whose service I appreciate, I States for ratification. argue for the right to bear arms, in will be back. We look forward to being JERRY, my friend you have a lot to celebrate which he talked about his wife alone in with you in the future. Mr. SOLOMON, in your retirement. In 1978, when you were upstate New York. There was silence Godspeed! first elected to Congress, the Soviet Union and and quiet, stillness on the House floor, Mr. DREIER. Mr. Speaker, it is a the spread of communism was running ramp- when he said, she is alone tonight, and great tribute to the gentleman from ant. America was told by its President we I want to ensure that my wife, who is New York that more than a couple of were in a great malaise. Well, JERRY did not alone, should have the right to protect people want to talk about him; as some believe America's best days were behind us, herself against unwanted intruders. I said celebrate his planned departure. and neither did a former Governor of Califor- know his debate and his expression car- Mr. Speaker, I ask unanimous con- nia. ried the day. sent that we extend the allotted time 5 Ronald Reagan believed in a Shining City So we all know of JERRY SOLOMON’S minutes for the gentleman from Massa- on the Hill when he entered the White House. patriotism. We know he has the wis- chusetts (Mr. MOAKLEY) and 5 minutes So did JERRY and I. We worked to strengthen dom of Solomon, and we are going to for our side. the military because peace through strength is miss him. He certainly lives up to the The SPEAKER pro tempore (Mr. the only guarantee that America's freedom will Marine Corps motto: Semper fidelis. UPTON). Is there objection to the re- be secured. We worked to pass President Always faithful. God bless you JERRY quest of the gentleman from Califor- Reagan's tax cut that led to the longest SOLOMON and God bless America. nia? There was no objection. peacetime expansion of the economy. JERRY b 1130 was a leader on the war against drugs. The SPEAKER pro tempore. The gen- Your leadership will be missed by many of Mr. MOAKLEY. Mr. Speaker, I yield tleman from California (Mr. DREIER) is us in Congress. JERRY, thank you for your 2 minutes to the gentlewoman from allocated an extra 5 minutes as is the friendship and camaraderie for the last 18 Texas (Ms. JACKSON-LEE). gentleman from Massachusetts (Mr. years. I have enjoyed traveling with you on Ms. JACKSON-LEE of Texas. I want MOAKLEY). our important North Atlantic Assembly mis- to look you right in the eye, Mr. Chair- Mr. DREIER. Mr. Speaker, I yield 11⁄2 sions. man, because this is a special day. minutes to my very good friend, who I wish you and Freda well in your retire- When I first came to this Congress also is retiring, the gentleman from ment. You fought the good fight for the coun- just a few years ago, I was looking for Naperville, IL (Mr. FAWELL). try you have loved. We owe you a debt of this ‘‘Mr. Chairman,’’ Mr. SOLOMON. He Mr. FAWELL. Mr. Speaker, I thank gratitude for your service to our country. The was described to me as a shy and retir- the gentleman very much for yielding country is in better shape since you entered ing person, someone whom you might time. JERRY, I want you to know that Congress 20 years ago. America's best days not often know what his opinion was; I am not going to miss you in the 106th lie ahead and I know JERRY will never stop quite the contrary JERRY SOLOMON did because I am not going to be here, ei- fighting for his country and his beliefs. let you know where he stood. After a ther. But I know that Congress will Mr. DREIER. Mr. Speaker, I yield 11⁄2 few times on the floor, someone came miss you very much. minutes to the gentleman from Ocala, to me and said, ‘‘You know, you are You are the leader of the Rules Com- Florida (Mr. STEARNS). just as shy and retiring as Chairman mittee. You are a leader in many ways. (Mr. STEARNS asked and was given SOLOMON.’’ That was a compliment. I would describe you simply as a leader permission to revise and extend his re- Mr. SOLOMON, our experiences to- of men and people in general. There are marks.) gether were quite interesting. I came two kinds of people I have been told in Mr. STEARNS. Mr. Speaker, JERRY, frequently to the Rules Committee, this world when faced with a problem it is with joy but also with sadness and I would like to thank you, for even and they ask either how can I help or that I come down here in this short though disagreeing with me, you treat- what is in it for me. In politics some- amount of time to tell you what a ed me fairly and gave me the oppor- times it is the latter, where the ego great guy you are and how much we are tunity to express my views and to takes control. I have never found that going to miss you. come to the gateway committee and to be the case with you. I have found I think a lot of people do not realize say that I think this particular legisla- that what you see is what you get in JERRY was an entrepreneur, an insur- tion should be done this way or that JERRY SOLOMON. You know exactly ance agent. He was making a lot of way. where you do stand and basically that money. And for him to come here, he This is an appropriate time to give means that here is a man who is very gave up a lot of his business. It has you honor and appreciation, for you interested in serving people because he been quite a sacrifice. In fact, I imag- helped us understand the ultimate sac- is empathetic and concerned about peo- ine he would be a multi-millionaire by rifice made by veterans, those living ple. Time and again I can say as one now if he had still kept his business. today as well as those in the military who did not serve in any committee Many of my colleagues talked about who gave their lives for our country. with you, that when I was in trouble on his experience in the Marine Corps. He We thank you for that. the floor, many times I was in trouble, also has served with distinction as an One of my fondest memories since I you were there. Many times when I did active member of the Disabled Amer- see Chairman GILMAN sitting next to not even ask you, you would come ican Veterans, the American Legion you, was that I was able to join you down here, when I was a pork-buster, H9606 CONGRESSIONAL RECORD — HOUSE October 6, 1998 for instance, and time and time again Mr. COX of California. Mr. Speaker, I quite as loud a voice as you have, you did give me so much help. thank my colleague from California for JERRY, and I have to tell you, that You are a man that believes in giv- yielding time. It is fitting that we are strong, loud voice is something we New ing. You know that by giving, that is here on the floor giving tribute to Yorkers love and appreciate and are how you receive. You know that by JERRY SOLOMON under a structured rule going to miss tremendously. The House loving, that is how you really are that limits the time for debate. Most of is going to seem less next year. That is loved. That is why the people in this us would like to take an hour at least because the very large role that you, Congress, I think, think so very much to say what we have on our minds and JERRY SOLOMON, have crafted here in of you. You got a big file, but you do in our hearts. Congress is going to be empty. So those not need that. You are a big man, any- When 48 years ago JERRY SOLOMON of us from New York will continue to way. left college to volunteer for the Marine build consensus and make the bills we Mr. MOAKLEY. Mr. Speaker, I yield Corps, to deal with the Communist in- pass good for New York and this Nation 2 minutes to the gentleman from New vasion of South Korea, he started a we will try to make as good as possible, York (Mr. RANGEL) the ranking mem- lifetime of service to his country. As I but we will do that with you in our ber of the Committee on Ways and look on the floor and see the portraits hearts, JERRY. Means. of George Washington and the Marquis Mr. DREIER. Mr. Speaker, I yield 11⁄2 (Mr. RANGEL asked and was given de Lafayette, I see two men whom we minutes to my very good friend, the permission to revise and extend his re- can see in JERRY SOLOMON, soldier gentleman from Winter Park, FL (Mr. marks.) statesmen who loved their country MICA). Mr. RANGEL. Mr. Speaker, let me even when for them it was just an idea, (Mr. MICA asked and was given per- thank my colleagues for extending the the idea of freedom to which JERRY has mission to revise and extend his re- time. I never would have forgiven my- committed his life. marks.) self if I had not been here to join with There was somebody else that I met Mr. MICA. Mr. Speaker, and my good my colleagues to say thank you for the and had a chance to work for that I colleague Mr. SOLOMON, I am really sad friendship that JERRY has extended to thought was unique, President Ronald that JERRY is leaving us now. He all of us in this Congress. It is great Reagan. I worked for him in the White served 10 years with my brother Dan being an American. It is great being a House. I was quite sure that I should Mica and the truly sad part about his Member of this august body. It is even have given up my job in California and leaving is after 6 years, he no longer better being a New Yorker type of an come to work for Ronald Reagan be- calls me Dan. American, but for those people that cause there would never be another one All kidding aside, Mr. Speaker and have never been able to serve in the like him, but I found here in the House Mr. SOLOMON, at a time when our coun- past, it was a different atmosphere of Representatives one like him, one try is really cynical about its leader- than we have today, and the friend- very much like him, JERRY SOLOMON, ship in Congress and politicians in gen- ships that we made then have proven the chairman of the Rules Committee, eral, I cannot think of anyone who has that no matter how testy the issue, no who is tough as nails on issues, just set a better example by his life and his matter how partisan the House, it has like Ronald Reagan was, but who inter- conduct than JERRY SOLOMON. JERRY never really affected the friendships personally is friendly and courteous SOLOMON has been in all instances a na- that we have had over the years. and respectful of his colleagues and of tional leader, someone who typifies In the Rules Committee, whether in his constituents. He smiles a lot. Be- what people want of their individuals the minority or as the chairman, the who serve in politics. He came from courtesy, the professionalism that has cause just as much as he loves his country, he loves life. He loves his fam- business, gave up his fortune, time been extended even when you know with his family to dedicate it here to that you are not going to get what you ily, he loves this institution, and I daresay in our better moments all of his country. want, you leave knowing that you have JERRY SOLOMON, I tell you this from us. Your way, JERRY, your sense of pa- been treated fairly. Certainly as the the bottom of my heart, I know is a triotism, your love of everything in dean of the New York State delegation true patriot and his top priority has which you have involved yourself is where we have political views from the been those who wear the uniform and contagious. You have brightened this left and the right, you have been the his daily concern has been to strength- institution for a generation. You have hub, JERRY, for all of us, because no en our national security. No one exem- brightened my life. Even when you are matter how contentious the issue, you plifies true patriotism more than not here, when you come back as have always maintained a friendship, JERRY SOLOMON. maybe a Supreme Court Justice to give your smile, and your personality. Lastly, JERRY SOLOMON, if you do not us shorter, more to the point opinions, I would just like to say in closing, know him or have not known him, is a we will always know that we are your however, that once you came to me and family man. No one greater sets an ex- friends and you ours. Thank you so indicated that I had been in combat in ample for this country or for this Con- much for the opportunity to serve with Korea with the Marines and you were gress than JERRY SOLOMON and the ex- you. semper fi-ing and everything to me, ample he has set as a family man. I sa- Mr. MOAKLEY. Mr. Speaker, I yield and I wondered whether or not you lute everyone and particularly JERRY 2 minutes to the gentlewoman from really had the right guy and whether as my friend and will miss him, but he New York (Mrs. KELLY). you were so friendly because you has a special place in all of our hearts thought I was in the Marines and I had Mrs. KELLY. JERRY, you have been such a great friend and a neighbor of and our memories. to tell you, that, no, it was my son Mr. MOAKLEY. Mr. Speaker, I yield mine ever since I came to this body and that was in the Marines and I was in 1 minute to the gentleman from Penn- really before I got here in 1994, 1995. the Army, and I often wondered as to sylvania (Mr. FOX). But mostly you have been a mentor to whether or not it made a difference. Mr. FOX of Pennsylvania. I thank me. You have been a true leader of this But I value your friendship. You have the gentleman from Massachusetts House. You have built support for var- made a great contribution to this (Mr. MOAKLEY) for yielding time. House, but more importantly in the ious legislative initiatives over the Mr. Speaker, I rise today to salute a lives of those of us who have been for- course of so many years. The experi- great individual, a role model Con- ence you have brought here to this tunate enough to serve, you have made gressman, JERRY SOLOMON from New a difference. body has made the body a better place. York. He has showed in every way he Mr. DREIER. Mr. Speaker, my friend It has brought more of New York com- has worked, whether as an advocate on from New York (Mr. RANGEL) has just mon sense to Washington than many of the floor, whether in committee work, touted the greatness of being from New the others of us. You have stood, you the perseverance for the people. York. I think it is great to be from have fought not only for the Nation but b California. you fought for our State and our Na- 1145 Mr. Speaker, I yield 11⁄2 minutes to tion as a whole. I think that is a won- His high character shows about what my fellow Californian, the gentleman derful attribute, JERRY. So many peo- he is all about, a proud veteran, a Ma- from Newport Beach (Mr. COX). ple are here that do not speak with rine’s Marine, someone who fights for October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9607 not only people from New York but all well, it is relatively okay or it is okay yielding this time to me and thank him across America, for veterans matters, for now, JERRY SOLOMON represents the also for giving me this opportunity to for military matters, for anything that notions that there are absolutes: truth speak about our mutual friend and col- matters to the people of this country. and integrity. league, Mr. SOLOMON of New York. He has been fair, he has been compas- The people of upstate New York are Mr. SOLOMON and I have nothing in sionate, he has been our great friend, some wonderful, wonderful people, and common politically; is that not cor- and I look forward to seeing him be they represent the best of this great rect? However I have enjoyed following back on the floor, and hopefully maybe country, and they have exercised their his leadership on human rights issues some day in the Senate, maybe some great judgment for the last 20 years in throughout the world where he has day President. sending us an American original. Mr. been an unsurpassed champion. It Mr. Speaker, I know he wants to re- SOLOMON, as the gentlewoman from speaks, I think, to how the House used tire from this body, but we need him New York (Mrs. Kelly) said, you are a to be that people so far a part on the back for this country because he has mentor to many of us. I salute you. political spectrum could come together been a fighter for the people, he has Mr. DREIER. Mr. Speaker, I yield 11⁄2 and work on an issue. done a great job, and we could not be minutes to another great gentleman I first became acquainted with Mr. more proud of him. from New York (Mr. FORBES). SOLOMON and his magnificent wife, God love you and your family, may Mr. FORBES. Mr. Speaker, I thank Frieda, in the North Atlantic Assembly God’s blessing be on you from every my friend from California for yielding proceedings and saw his leadership on day here forward. this time to me, and it is with great behalf of our country there, and, yes, Mr. DREIER. Mr. Speaker, I yield 1 emotion frankly and eternal respect for his patriotism there. When he became minute to the gentleman from my good friend, JERRY SOLOMON, who Chair of the Committee on Rules, al- Kennedyville, Maryland (Mr. served not only this Nation so ably, but though that meant the Democrats were GILCHREST), fellow Marine with the the people of the 22nd district, and I re- no longer in power, he always with a gentleman from New York, Mr. SOLO- member almost 23 years ago when I smile either granted an amendment on first met JERRY SOLOMON, and at the MON. those rare occasions or with a smile Mr. GILCHREST. JERRY, I guess time he was a member of the Assembly turned down an amendment or even ad- some decades ago when you occasion- of the State of New York and distin- monished us, but always with a smile. ally were barely able to hold up your guished himself there as a champion But the one overriding observation I M–1 rifle because you were holding it for the Empire State and took that would like to make is how devoted Mr. great leadership role that he had in for hours in the rain with sand fleas on SOLOMON was and is to the district he that glorious place called Paris Island New York and brought it to Washing- represents. Every time he spoke on the you did not really dream of serving ton when he was elected in 1978. And floor he spoke from the perspective of your Nation in this capacity as an U.S. for me it has been a wonderful ride his constituents and certainly his con- Member of Congress. But those early with JERRY. science and the Constitution, but never JERRY, you are truly, as my friend days on Paris Island gave you a sense forgetting his constituents. How many from Staten Island noted, you have of pride, not pride in yourself, but pride times you took off that jacket and been a mentor to many of us. I remem- in America, and your presence here on ber as a young staffer in the State As- showed us that shirt that used to be the House floor has lifted us up with sembly how you at that time became a made in his district demonstrating his your pride because your pride comes role model and, even more so, when I concern for the workers in his district, from your love of your country, your was distinguished and allowed to rep- and in that way workers throughout love of your colleagues, and so that gift resent the first district of New York. America who are caught up in this that you have given to us has been I have to tell you that it is with change of globalization. enormous. great sadness that we watch as you So on behalf of my own constituents, I heard one time, JERRY, from a Ma- prepare to accept new challenges at the Mr. SOLOMON, I want to thank you for rine that there are five words that end of the year. You have served this your leadership on human rights issues make up a person’s life, and you really Nation so ably. throughout the world, I want to thank are the epitome of those things when And when I think of terms like ‘‘a you for your leadership on behalf of someone gets to know you personally, man of the people,’’ I mean, my col- American workers, I want to thank you and that is humility, commitment, leagues, you must know that JERRY for your cooperation from time to compassion, faith and love. And that is SOLOMON treated the 22nd district and time, but even when not cooperating, being American, JERRY, and you have worked so hard every day as if it was a always with a smile. And I want to given us quite a gift. cliff hanger for him. He would drive up wish you and Frieda all the best as you So we salute you. Semper fi. and down the Northway and the go forward. Mr. DREIER. Mr. Speaker, I yield 11⁄2 Thruway and Route 9, and at a mo- Thank you for your service. Con- minutes to the gentleman from Staten ments notice he would stop in on a gratulations on your decision. We will Island, New York (Mr. FOSSELLA). community and meet with constitu- miss you. It is hard to imagine the (Mr. FOSSELLA asked and was given ents, any group of constituents, and he House of Representatives here without permission to revise and extend his re- did that, and he never took the people Mr. SOLOMON and without the famous marks.) for granted, he worked very, very hard. Solomon folder. 1 Mr. FOSSELLA. Mr. Speaker, I And frankly when I think of terms like Mr. DREIER. Mr. Speaker, I yield 1 ⁄2 thank the gentleman from California ‘‘patriotism’’ JERRY SOLOMON to me minutes to the gentlewoman from (Mr. DREIER) for yielding this time to embodies all the best attributes of pa- Jacksonville, Florida (Mrs. FOWLER), me, and I have been listening to this triotism. He has been not just a role my good friend. tribute to an American original. The model, but a dedicated patriot, and God (Mrs. FOWLER asked and was given gentleman from upstate New York is permission to revise and extend her re- love you JERRY, and Godspeed. the essence of what this country really Mr. DREIER. Mr. Speaker, I ask marks.) is all about, the notions of liberty and unanimous consent to extend the de- Mrs. FOWLER. Mr. Speaker, I rise freedom. But more important, the will- bate for 5 minutes on each side. today to express my appreciation to a ingness to die for those things. The SPEAKER pro tempore (Mr. good friend for his leadership and his I have only been here about a year, UPTON). Is there objection to the re- service to the American people. As my and I have not had the privilege of quest of the gentleman from Califor- colleagues know, in addition to being serving for the 20 years that so many nia? an advocate, strong advocate, of con- other Members of this body have had to There was no objection. servative ideals, JERRY has always serve with JERRY SOLOMON. But in less Mr. MOAKLEY. Mr. Speaker, I yield been concerned about our issues of na- than a year I have come to respect the 2 minutes to the gentlewoman from tional security. As has been mentioned man who is the benchmark for integ- California (Ms. PELOSI). here several times today, he is a former rity, and in days when there are so Ms. PELOSI. Mr. Speaker, I thank Marine, fought during the Korean war, many relatives around in terms of, the distinguished ranking member for and he has always remained semper fi H9608 CONGRESSIONAL RECORD — HOUSE October 6, 1998 to his country and the duty of protect- place called Midland City, Alabama, for a Member of Congress who I think ing its military interests. population 400, myself and my friend is unique. If I had a list of top 10 effec- It has been said that the test of a vo- Earl Hutto, the gentleman from Flor- tive Members of Congress to affect this cation is the love of the drudgery that ida. We found that we lived in the same country, JERRY, you would be in it and it involves, and I do not know for sure house in this small Dale County, Ala- near the top. if JERRY loves that aspect of serving as bama town. Well, also my good friend, JERRY, I admire your tenacity, your a chairman of the Committee on Rules, the gentleman from Georgia (Mr. JOHN toughness, your intensity, but your but he certainly deserves all of our LEWIS) is from about 18 miles up the soft and gentle kindness and good spir- heartfelt thanks for his service in this road, just over the Dale County line in it. Now those yet good spirits may difficult and sometimes very thankless Pike County, Alabama. Being very change when people cheat you or lie to job. proud of that, I told JERRY SOLOMON you or are unfair. But that is the way So as we approach the final days of the story one day, and he started it should be. the 105th Congress, I wish JERRY and laughing. I admire that you fear nobody, that his wife, Frieda, the best of luck. I I said, ‘‘What are you laughing at?’’ it does not seem to matter what the know they are going to enjoy the time He said, ‘‘You don’t know where I’m issue is. You do not show fear. You do they can now spend with their family, from?’’ what is right. including their six grandchildren, but I I said, ‘‘Well, I guess you’re from New I admire how you fought for our vet- will say I am going to miss a good York. You’ve represented them now for erans and how you fought for the de- friend, a good adviser. I went to him so 18 years.’’ fense and sovereignty of America as many times for advice, and it was al- He said, ‘‘No, I’m from Echo.’’ much as anyone in this country ever ways good. Mr. Speaker, Echo is 7 miles from has. So, JERRY, we wish you well, and we Midland City, Alabama, and then had a JERRY, you are the kind of Congress- will truly miss you. population of about 40 people. We had man I hope to be. You are the kind of Mr. DREIER. Mr. Speaker, I yield 1 in the 103rd Congress 4 U.S. Congress- person I want my son to be like. You minute to the gentleman from Somer- men from a rural southeast county of are a model to us all, and you have set, Kentucky (Mr. ROGERS), my good Alabama. made a huge difference as you have friend. Mr. ROGERS. Mr. Speaker, I thank I recently, last week, gave JERRY a served us here, and I thank you. Mr. DREIER. Mr. Speaker, I ask the gentleman for yielding this time to note from a relative of his who stated unanimous consent again that we ex- me. how much his Dale County family they Mr. Speaker, I do not know what we loved and admired him. JERRY, I think tend the debate for 5 minutes on each will do around here for opinions when you have heard here today we love you, side. The SPEAKER pro tempore (Mr. JERRY SOLOMON leaves. I suspect we and we admire you, and we are going to will find a way to give opinions, but miss you. BLUNT). Is there objection to the re- certainly the opinionated Mr. SOLO- Mr. MOAKLEY. Mr. Speaker, I yield quest of the gentleman from Califor- MON, the Marine that is still a Marine 1 minute to the gentleman from Texas nia? in this body is someone we are going to (Mr. HALL). There was no objection. miss, all of us. Mr. HALL of Texas. Mr. Speaker, I Mr. DREIER. Mr. Speaker, I yield 1 You always knew where JERRY SOLO- am honored to get to rise and say a few minute to the gentleman from Reno, MON stood. He was not hesitant to let words for JERRY SOLOMON. Nevada (Mr. GIBBONS). you know what his feelings were about I served as a Judge for 12 years in Mr. GIBBONS. Mr. Speaker, I thank a given topic, and that continues to Texas. I was 10 years in the Texas Sen- my colleague, the gentleman from this day. We need more of that around ate. I have been up here 18 years. As California, for yielding to me. I find it here, but certainly JERRY SOLOMON my colleagues know, part of the com- a true honor as a freshman to be here gave us during his tenure here his ideas pensation we get for public service is standing and addressing my good and his passionate feelings about every getting to know people like JERRY SOL- friend, the gentleman from New York issue that hit this floor, and that is OMON. I know of no one in the years (Mr. SOLOMON), because you do not what we admire about him. We admire whom I have met all through the years, have to be here 20 years, as I have been his honesty and his truthfulness and anyone that has influenced me more or only 1 year, to find him to be a true his integrity because you knew exactly that I have been more impressed by or friend and a man that we all look up what he was telling you came from di- that I would rather be a role model for to. rectly in the heart, and that heart was my sons than this man we are honoring I say, as we look out today among of course made of solid gold, molded here today. our colleagues here, we are approach- ing the end of an era at the end of the during some of our Nation’s most tu- b 1200 multuous times in Korea in combat 105th, the era of Solomon in this Con- and otherwise. I know there is a tombstone in gress. The gentleman from New York So, JERRY, we are going to miss you. Blairsville, Pennsylvania that says will be truly missed as a gentleman Your service, especially these last few ‘‘Stop here my friend and cast an eye. who fought for veterans, fought for the years as the traffic cop of all legisla- You are now; so was I. As I am now, flag, fought for this country. tion coming to the floor of the House, you will be. Prepare for death and fol- I think of General MacArthur when Chairman of the Committee on Rules, low me.’’ And, JERRY, somebody added he said, and I will paraphrase, ‘‘Duty, is a service that is a pretty thankless later, ‘‘To follow you, I am not content honor, country.’’ Those three hallowed job, but we are all here to say thank until I know which way you went.’’ words mean and reflect all that you you. Let me tell you we know which way can be, all that you should be, all that Mr. DREIER. Mr. Speaker, I yield 1 you are going. You are going home to you will be. I think those of us who ad- minute to the gentleman from Enter- a family that loves you. You are going mire JERRY SOLOMON believe those prise, Alabama (Mr. EVERETT) my good home to a district that respects you. three words are indeed the reflection of friend. You are going home to a country that JERRY. (Mr. EVERETT asked and was given you served well. You lit the fire to the JERRY, as you go home to your fam- permission to revise and extend his re- Reagan revolution here. You are my ily and a loving constituency, I want to marks.) kind of guy. wish you the very best and to your wife Mr. EVERETT. Mr. Speaker, I want God bless you. And how lucky I am to and family as well. I salute you for to associate myself with all these great have known you and how lucky the your hard work, your dedication, and things that have been said about Jerry people are to have come home. your friendship in this body. Solomon, but I also like to tell the Mr. DREIER. Mr. Speaker, I yield 1 Mr. DREIER. Mr. Speaker, I yield 1 Members something that is going to minute to the gentleman from Pleas- minute to the gentleman from New surprise them. antville, Pennsylvania (Mr. PETERSON). Hartford, New York (Mr. BOEHLERT). I got here in the 103rd Congress, and Mr. PETERSON of Pennsylvania. Mr. Mr. BOEHLERT. Mr. Speaker, it is there were two Members from a little Speaker, I rise to share my admiration indeed a special pleasure for me to be October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9609 here in this well to talk about a man Mr. UPTON. Mr. Speaker, it has been to keep the gentleman from Massachu- with whom I have had some of my a great delight for me to serve as setts (Mr. MOAKLEY) sitting at my fiercest battles with in my service in Speaker pro tempore during part of right as the ranking member, and to these 16 years in the Congress and this great tribute to a wonderful man try to fill JERRY’s shoes as chairman of some of the most pleasant satisfying who loves this House, JERRY SOLOMON. the Committee on Rules. victories. I have had the opportunity to know It will be an impossible task, but I I know of no individual who is a bet- the gentleman from New York (Mr. have been privileged to enjoy his en- ter friend of the veteran, of the farmer, SOLOMON) for a long time from my days couragement and support for the many of the working men and women in when I served for Ronald Reagan and years that I have served there. America than JERRY SOLOMON. He will now as a Member of this House. We all Mr. Speaker, while I know the time be missed for all the right reasons. love this House. No greater love comes is rapidly coming to a close, I yield one He is as conservative as any Member from a man with terrific respect, minute to my very, very dear friend, of this House; but underneath that JERRY SOLOMON. the gentleman from Glens Falls, New hard veneer, he has got a heart as big It is a great tribute to you that, as York (Mr. SOLOMON). as all outdoors. There are a lot of peo- you finish this year, we have a bal- Mr. SOLOMON. Mr. Speaker, I thank ple who have benefited from the service anced budget; and now we can, in fact, the gentleman from California for of JERRY SOLOMON in the Congress of use that surplus to reduce the debt. yielding. the United States. So it is a privilege That is the next battle. Mr. Speaker, I will not take but a for me to be here in this well saluting I can remember the days and the minute because there are a lot of this very distinguished American. issues where we met together on so things I like to brag about that I am Mr. DREIER. Mr. Speaker, I yield 1 many different times moving the Solo- good at but I am not good at this. I am minute to the gentleman from Syra- mon budget. Yes, it was bipartisan. We afraid of what might happen if I stood cuse, New York (Mr. WALSH), one of our got one Democrat, we got 19 Repub- up here and talked too much because I distinguished cardinals. licans, and we fell far short of getting am an emotional person. In 20 years, I Mr. WALSH. Mr. Speaker, I thank the battle won. But somehow, some have had some emotional events on the gentleman from California (Mr. way, today we prevailed. this floor. Some that I’m proud of, DREIER) for yielding me time to come It is because of your great efforts in some that I might not be so proud of. here and say some nice things about so many different ways that we do love I can recall something a couple of my friend, JERRY SOLOMON, as so many this House and we love the men and years ago. I was raised by my grand- others are. women who serve it. Thanks to people mother and my grandfather. They were You are rich in friends, Mr. Chair- of Scottish descent and they always man, and it is deservedly so. You are like you, a man with courage, with taught me first and foremost that you truly one of the leaders of our country. heart, thoughtfulness and compassion, always respect and honor women. And I You are truly the leader of the New a great man that we look forward to remember I got into a debate late one York State delegation. I owe you my seeing again. Thank you, JERRY. position that was just mentioned on Mr. DREIER. Mr. Speaker, I yield night with the gentlewoman from New the Committee on Appropriations. myself such time as I may consume. York (Ms. SLAUGHTER), on that side of Mr. Speaker, I would like to close Without your strong support, fiery sup- the aisle, and I did something that I this debate by saying that this was port, I probably would not be there. So was always ashamed of because I was I am indebted to you for that. clearly one of the most moving rude to a woman. I was rude to a Mem- You are a gentleman, a soldier, a testimonials, to a Member who is going ber of this body, and that is something Congressman, and a true defender of to retirement, that I have seen in the we should never, never do. this country, its flag, and its veterans 18 years that I have been privileged to I would just tell the Members that we and all its marvelous institutions. We serve here. can be emotional, we can be opinion- thank you for your sense of humor and, Many people have talked about great ated, as I am, but we should always be more importantly, we thank you for things but one of the things that respectful of each other. your sense of honor. struck me is this issue of sacrifice. It is Ron Dellums, like the gentlewoman Mr. DREIER. Mr. Speaker, I yield 1 a privilege for all of us to serve here, from California (Ms. PELOSI), is on the minute to my good friend, the gen- and most everyone enjoys their service, opposite end of the political and philo- tleman from Huntington Beach, Cali- but, in fact, there is sacrifice that goes sophical spectrum from me. Ron Del- fornia (Mr. ROHRABACHER). with service as a Member of the United lums and I had some tremendous bat- Mr. ROHRABACHER. Mr. Speaker, States Congress. tles on this floor but we always walked JERRY SOLOMON has given a new mean- Those of us who sit on the Commit- off the floor and we were friends after- ing to the words ‘‘the wisdom of Solo- tee on Rules have had the opportunity wards. That is what will make this mon.’’ All of us who have served with on many occasions to hear JERRY SOLO- place a success, and I would just thank him, and I have served with him for the MON refer to the fact that when he all of the Members for their remarks. last 10 years, understand what that came to the Congress he had to sell his It means a great deal to me. means. real estate, his securities and his insur- I better not talk any longer, but I JERRY SOLOMON, first and foremost, ance businesses, and, it, in fact, has will say this right now, I am going to and this is, I think, the word that best been a sacrifice for him. invite all of the Members, men and describes JERRY, is that JERRY SOLO- We often hear of our Founders who women, the Members of this body, to MON is a patriot. That is what America gave their lives, their fortunes and step outside so that I can hug the has always depended on, the likes of their sacred honor. We are glad that women and shake hands with the men JERRY SOLOMON. I am very proud to JERRY has not given his life and we and tell them how much I love and re- have served at your side, JERRY. JERRY know that he has not given up his sa- spect this great institution. It has been SOLOMON is a patriot. JERRY SOLOMON cred honor, but we know that he did a great honor and privilege to serve is courageous. He is a man of integrity. have to give up much of his fortune to here for two decades and I have cher- To all of us who you are leaving be- do that. So he has made a great sac- ished every minute of it. I thank all of hind, you are leaving behind friends. rifice. you for your generous remarks. I love You are a good friend. We respect you. His book, The Balanced Budget, has you all. We admire you. We wish you luck, been a dream that he has had for many, Mr. DREIER. Mr. Speaker, I yield JERRY. Thank you very much for the many years, long before he came here. myself such time as I may consume. service you have done for the United I am very gratified that we have been Mr. Speaker, there is a large group of States of America. You have done a able to pass the first balanced budget people who are unable to speak here on good job for our country. in a quarter of a century while JERRY the House floor. They sit here regu- Mr. DREIER. Mr. Speaker, I yield 1 was here serving as a member of that larly; they work upstairs in the Com- minute to my friend, the gentleman committee. mittee on Rules, on many occasions from Saint Joseph, Michigan (Mr. God and the voters willing, I will around-the-clock, and I would like to, UPTON). have the chance in the 106th Congress on behalf of those members of the staff H9610 CONGRESSIONAL RECORD — HOUSE October 6, 1998 of the Committee on Rules, say how that he will father a memoir or two, giving his his congressional career has been a strong much they will miss the gentleman perspective on his many years of generous and passionate leader whom I am personally from New York (Mr. SOLOMON) and how and cheerful jousting on the Floor of this proud to have served alongside of in the much they have appreciated their great House. House of Representatives. time of service with him. We will sorely miss this good man, a friend He is a loyal patriot to his country and de- Mr. Speaker, I will say that there are of so many and a model for every new mem- voted husband and father to his family. No many other Members who have indi- ber to emulate. We would be most unhappy if one can doubt his allegiance to the Marine cated to me that they would like to JERRY did not come back to the Floor often to Corps and no one can doubt his sincerity nor have had the chance to participate in reacquaint us all with the cordiality and enthu- his passion to serve his country. this tribute to the gentleman from New siasm with which he so often greeted us these I have had the privilege of traveling with him York (Mr. SOLOMON), but because of the many years. God bless, JERRY, and God- as members of the National Security Commit- exigencies of their schedule they were speed! tee and throughout our travels have gotten to unable to. Mr. PORTMAN. Mr. Speaker, I am pleased know him on a personal basis. His strong de- GENERAL LEAVE to speak in tribute to JERRY SOLOMON and his votion to our country and military has been an Mr. DREIER. Mr. Speaker, I ask many years of service and leadership to this inspiration to me. Every place we traveled, he unanimous consent that all Members country. was always interested in the issues of that may have 5 legislative days within Chairman SOLOMON is a strong, effective country and how the United States could act which to revise and extend their re- and passionate chairman of the Rules Com- on those issues and provide leadership. marks on this tribute to the gentleman mittee. He is a true LeatherneckÐno-non- I wish him happiness and a long productive sense, patriotic and capable of getting the job life in his retirement. We will greatly miss his from New York (Mr. SOLOMON) that surrounds House Resolution 574. done. presence in this House. I had the pleasure of working closely with Mrs. MCCARTHY of New York. Mr. Speak- The SPEAKER pro tempore. Is there JERRY SOLOMON on the Unfunded Mandates er, although I am one of the newer Members objection to the request of the gen- Reform ActÐwhich has effectively ended the of this body and have had the privilege to tleman from California? There was no objection. irresponsible practice of Congress passing the serve with Mr. SOLOMON for only one term, I Mr. CRANE. Mr. Speaker, I rise with my bill to state and local governments and the am very sorry to see him leave us. When I many colleagues on both sides of the aisle to taxpayers they represent. JERRY's commitment first came to Congress, Mr. SOLOMON asked me to call him JERRY, but I have never been offer a many-gun salute to one of the clearly to unfunded mandates reliefÐand his tireless able to do that. Not because I didn't feel close most vigorous, admired, and truly respected advocacy were key to passage of this land- to him but because I have such a deep re- leaders ever to come to these Halls of Con- mark legislation. JERRY has also been one of the most vocal spect for him both as a person and as a public gress. My colleagues, this courageous and dy- Members of Congress in the vital fight to re- servant that I felt that he deserved a title re- flecting that respect. namic Marine veteran who arrived on the Hill duce drug abuse in this country. I've been Sometimes as Members of Congress, we twenty years ago has not only been a credit pleased to work with him on a number of issuesÐthe Drug Free Communities Act and don't always treat each other or this institution to the Marine Corps in terms of the vitality and with the respect that it deserves. We let par- drive with which he discharged his duties, but the recently passed Drug Demand Reduction Act. There is no member of this body more tisanship cloud our better judgment and we also to this House to which he has for so long aren't very civil in our debates. Although Mr. given so much of his energy and good judg- committed to reducing substance abuse than SOLOMON and I couldn't have held more oppo- ment. These Halls will remain desolate for a JERRY SOLOMON. The issue burns in his heart. The U.S. House of Representatives is losing site points of view on certain issues, I always long time after our very good friend GERALD a real fighter in JERRY SOLOMON. Happily, he felt that we could be open and honest in our SOLOMON has departed. is leaving the Rules Committee's gavel in ca- disagreement. And we would always part As the Chairman of the Rules Committee, pable hands, but we'll miss his drive, energy ways, maybe disagreeing but with a mutual re- one of the most important and difficult tasks and determination. spect for each other and our differences. He on Capitol Hill, JERRY attacked his work with I know Chairman SOLOMON will be watching is a true gentleman, one that will be greatly a spirited dedication rarely seen on the Hill. In- C±SPAN in upstate New York to keep an eye missed by this body and the New York dele- volved in every serious piece of legislation, his on us, and I hope and expect to continue to gation in particular. God's speed, Mr. SOLO- ability to control the flow of business and de- hear his firm and passionate voice on issues MON, and thank you for your years of service termine which alternatives should be brought of concern to our country. to this country and to New York. up for a vote has been close to legendary. Mr. GIBBONS. Mr. Speaker, what can I say, Mr. KIM. Mr. Speaker, I rise to pay tribute The 22nd District of New York, which in- at the end of this Congress America is going to the Chairman of the Rules Committee, my cludes much of Hudson Valley, has been a to truly miss one of it's great Conservative friend JERRY SOLOMON. Republican area since the birth of the Repub- leaders. JERRY SOLOMON was one of the first mem- lican Party, and JERRY SOLOMON has aggres- The powerful Chairman of the House Rules bers I met when I came to Congress six years sively supported most of the conservative pro- Committee, JERRY SOLOMON will be retiring to ago as a freshman. I had never served in a grams of the Party, reflecting his own convic- pursue new opportunities. legislature before and the challenges of Wash- tions and those of his loyal constituents. Year This former Marine, serving the United ington seemed overwhelming. He was a cool after year the voters have returned him to of- States House of Representatives since 1978, veteran with many years of experience. From fice by wide margins because they could see has been known for defending the American his initial hello and genuine interest in making that GERALD SOLOMON was no sleeping Rip flag, fighting the war against drugs, protecting sure I got off to a good start, I knew JERRY van Winkle, the legendary figure which Wash- our nations veterans, the interests of our na- SOLOMON was a colleague I could respect and ington Irving placed historically in JERRY's dis- tions military, and running a committee that is trust. I'm proud to call him a friend. trict high up on the Hudson River. According fair to this body and fair to the American peo- As a little boy growing up in Seoul, Korea to the story, Rip van Winkle slept for twenty ple. during the war, my family and I were rescued years. No one can accuse JERRY SOLOMON of Not only has Congressman SOLOMON been by the U.S. Marines from the living hell of sleeping during the twenty years he has been known for his policy, he is also know for his communist North Korean occupation. I will the two-fisted Representative of the 22nd Dis- great sense of humor, his devotion to his fam- never forget the sacrifices these brave Ameri- trict of New York. ily, and his pride in his work. cans made to save a little soul like mine far, My colleagues, we will not soon again see Congressman SOLOMON, it has truly been far away from the comfort and safety of their the likes of this genial and industrious Marine an honor serving this great nation together, own homes. Their caring attitude, determina- veteran who has easily earned the warm and you will be greatly missed. I wish you, tion and patriotism made me want to be an friendship of so many of his colleagues in this your wife Freda, and your entire family all the American right then and there. Now, I don't maelstrom of legislative activity. best. think JERRY SOLOMON was one of the Marines May he find real solace in retirement on the As a veteran, and man who loves this coun- who came down my street, but he very well quiet banks of the Hudson and in the hollows try, as I know you do, today sir I salute you could have been. Even today, many years and the hills of upper New York area of his for your hard work, honesty, integrity, and de- after his service in the Marines, JERRY still em- youth. We are sure that JERRY will not be sat- votion to this country. bodies those same qualities and that same isfied with just an occasional short emulation Mr. ORTIZ. Mr. Speaker, I rise to speak Marine can-do spirit. He's what America is all of Rip van Winkle, because we really expect about a great friend of mine who throughout about. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9611 As a faithful and effective Representative, I lic housing programs, the funding for version. I will mention several in- know that his constituents in upstate New the Environmental Protection Agency, stances that demonstrate this point. York will miss his service in the House as the funding for NASA and the like. First, while the House bill included no much as the rest of us will. After 20 years in The gentleman from Ohio (Mr. funding for Americorps, the conference Congress, Chairman SOLOMON can retire, STOKES) we all know is an appropri- provides the Senate amount of $425 though, knowing that he has left a very posi- ator’s appropriator, but the gentleman million. Given the President’s personal tive and enduring legacy for others to follow. has done another thing during this leg- interest and commitment to this pro- Good luck, JERRY. islative year. He wanted to make sure gram, I think we all realize there Mr. DREIER. Mr. Speaker, I yield that each of us remember that before would be no bill without this funding. back the balance of my time, and I appropriations there was authoriza- Several environmental provisions move the previous question on the res- tion. And so just to make a demonstra- that were of great concern have been olution. tion of that fact, this year he has ac- modified, including the ones dealing The previous question was ordered. complished that which is almost unbe- with the Kyoto protocol, Mercury, and The resolution was agreed to. lievable to those of us who have contaminated sediment dredging. A motion to reconsider was laid on watched this process for some time. He The House provision regarding do- the table. has snuck into this little package just mestic partners that would have re- Mr. LEWIS of California. Mr. Speak- about 60 pages of minor legislation stricted funds available to the City of er, pursuant to House Resolution 574, I that deals with his favorite field, and San Francisco has been dropped. One- call up the conference report on the that is the field of housing. For work- half of the reduction to the housing op- bill (H.R. 4194) making appropriations ing with our colleague on the banking portunities for persons with AIDS pro- for the Departments of Veterans Af- subcommittee, the gentleman from gram imposed by a floor amendment fairs and Housing and Urban Develop- New York (Mr. LAZIO) on this side and has been restored. More than one-half ment, and for sundry independent the gentleman from Massachusetts of the House-recommended increase for agencies, boards, commissions, cor- (Mr. KENNEDY) on the other, the gen- veterans’ medical care has been re- porations, and offices for the fiscal tleman from Ohio has proceeded to in- tained without any adverse impact on year ending September 30, 1999, and for clude what was the Housing Reauthor- the Federal housing administration. Mr. Speaker, 50,000 new housing vouch- other purposes. ization Act within this appropriations The Clerk read the title of the bill. bill, a bill that is called a ‘‘must-pass ers have been included to help families The SPEAKER pro tempore. Pursu- bill.’’ make the transition from welfare to ant to House Resolution 574, the con- Now, frankly, those who really know work. This is a significant increase above the levels originally rec- ference report is considered as having the gentleman know that he actually ommended by both the House and the been read. went about this because his friend and Senate. (For conference report and statement the ranking member of that same sub- The Housing Authorization bill, see proceedings of the House of Mon- committee of the Committee on Bank- which my chairman, the gentleman day, October 5, 1998, at page H9359.) ing has his last bill on the floor today from California (Mr. LEWIS) has just The SPEAKER pro tempore. The gen- as well, and that is the bill that was tucked away here, and I was quite sur- made reference to, H.R. 2, has been in- tleman from California (Mr. LEWIS) and cluded. Now, this version has been the gentleman from Ohio (Mr. STOKES) prised when the gentleman brought this to my attention, and he was going crafted by a bipartisan group from both each will control 30 minutes. bodies and has the support of the rank- The Chair recognizes the gentleman to such an extent to recognize the years of the very capable work of our ing Democrats involved in the negotia- from California (Mr. LEWIS). friend, the gentleman from Massachu- tions. I want to take a moment too to GENERAL LEAVE setts (Mr. KENNEDY). say, as did my chairman, that we real- Mr. LEWIS of California. Mr. Speak- So there are many details that I ly owe a debt of gratitude to the gen- er, I ask unanimous consent that all might go over with my colleagues re- tleman from Massachusetts (Mr. KEN- Members may have 5 legislative days garding this bill, such as the fact that NEDY) for the excellent work he did, within which to revise and extend their within VA medical care we are some along with the gentleman from New remarks on the conference report to $300 million over the President’s budg- York (Mr. LAZIO) in giving leadership accompany H.R. 4194, and that I may et in that category of funding. We are to the bill that we now include in H.R. include tabular and extraneous mate- responding to the crisis that is ahead 2 as a part of the Committee on Appro- rial. of us that deals with NASA’s funding priations. The SPEAKER pro tempore. Is there because of problems in Russia and I want to take a moment too, Mr. objection to the request of the gen- some changes of government in the Eu- Speaker, just to say that one of the tleman from California? ropean space agencies. things I have enjoyed so much working There was no objection. In the meantime, I will spare my col- from the appropriations aspect has b 1215 leagues those details, for we all have been the great work that has been done heard this bill discussed in great detail over on the Subcommittee on Housing Mr. LEWIS of California. Mr. Speak- before. and Community Opportunity by its er, I yield myself such time as I may So I look forward to further con- ranking member, the gentleman from consume. versation with my friend from Cleve- Massachusetts (Mr. KENNEDY). I do not As this bill went off the floor not so land (Mr. STOKES). know of anyone in the House that has long ago, we may all recall that we Mr. Speaker, I reserve the balance of any greater knowledge or greater com- spent much of half a day discussing my my time. mitment to those who live in public colleague, my chairman, and now the Mr. STOKES. Mr. Speaker, I yield housing and who has been the kind of ranking member of this subcommittee myself such time as I may consume. an expert he has been in trying to get of appropriations, the gentleman from Mr. Speaker, it is not without a cer- the kind of legislative reforms that Cleveland, Ohio (Mr. STOKES). We are tain bittersweet feeling that I rise would help those people who are rel- not going to repeat that extended pe- today in support of this conference egated to public housing have the kind riod this go-round, but it certainly agreement. This is the final appropria- of decent housing that they are enti- should be brought to the attention of tions bill that I will help bring to the tled to live in. I just want to take a Members and his friends that the gen- House, along with the chairman of the moment to commend him for the great tleman is in the process of presenting subcommittee, the distinguished gen- work he has done as he too prepares to his last bill on the floor of the House of tleman from California (Mr. LEWIS). leave this body. Representatives. Thanks to his leadership and patience, I might say also I have talked with This conference report involves all of we present today a balanced, bipartisan the Secretary of Housing and Urban the funding for programs that are very conference report that is worthy of the Development, and he supports H.R. 2 important to the American public, Members’ support. that has been included in this bill. those that relate to veterans’ medical In many ways the bill we present Although I have not seen a formal care, for example; all of the many pub- today is better than the House-passed statement of administration policy on H9612 CONGRESSIONAL RECORD — HOUSE October 6, 1998 the conference agreement, I believe tions to the gentleman from California such a difficult situation as they deal this compromise should be endorsed by (Mr. LEWIS) and the ranking member, with not only the Veterans’ Adminis- them. I am hopeful this measure will the gentleman from Ohio (Mr. STOKES). tration, but the Department of Hous- soon be signed into law so that the de- Mr. Speaker, I rise in strong support of the ing, which is extremely important and partments and agencies funded in the VA±HUD Conference Report. I want to com- very costly; when they are dealing with bill can have the benefit of congres- mend Chairman LEWIS and Ranking Member the Environmental Protection Agency; sional guidance and drop out of the STOKES for their leadership on this bill. This is when they are dealing with the Na- continuing resolution. a good bill that contains many important provi- tional Aeronautics and Space Adminis- Now, although we have not been able sions, one of which I would like to highlight tration; and just dozens and dozens of to do everything in this bill that I this morning. all of the other independent agencies. would like to see or that the adminis- During the VA±HUD Conference last Thurs- I do not know how my colleagues do tration would like to see, I feel that day, I worked with my colleague, the senior it with the allocation that they get, given the constraints under which we Senator from West Virginia, on a provision to but they have done a tremendous job, had to operate, the conferees have done protect workers, manufacturers, farmers, and and I just want to sing the praises of a very credible job, and no small part every citizen in this country from the devastat- both of my colleagues and their staffs of the credit belongs to the gentleman ing impact of mandated greenhouse gas re- on both sides of the aisle. Because they from California (Mr. LEWIS), our chair- ductions required under the Kyoto Protocol. are good, but they would not be as good man. The product of this carefully crafted agreement if they did not have the great staff to Rather than go into detail about the will prohibit the Environmental Protection go with them. So I salute all of my col- specific provisions of the conference Agency from implementing the Kyoto treaty leagues, they have done a great job. agreement, I would like to take just a through ``back door'' regulatory actions. And I thank the gentleman from Ohio moment or 2 to tell the House what a Specifically, the Conference Report lan- (Mr. STOKES) for all of his service. pleasure it has been to serve on this guage reads as follows: ``none of the funds Mr. STOKES. Mr. Speaker, I men- subcommittee with the gentleman appropriated by this Act shall be used to pro- tioned a few moments ago in my re- from California. He has been patient, pose or issue rules, regulations, decrees, or marks the outstanding job that the courteous to the extreme, always will- orders for the purpose of implementation, or in gentleman from Massachusetts (Mr. ing to listen and try to accommodate preparation for implementation'' of the Kyoto KENNEDY) has done with reference to opposing views, but all the while nudg- treaty until it has been ratified by the Senate. the inclusion of H.R. 2 in this bill, and ing and cajoling and moving the proc- The Kyoto Protocol is a bad deal for the it is indeed a pleasure for me to yield ess forward. American people. It would exempt the devel- 5 minutes to the distinguished gen- This is a very large and complex bill oping world from having to reduce its green- tleman from Massachusetts (Mr. KEN- with many diverse elements that are house gas emissions, placing the entire bur- NEDY). sometimes pitted against one another. den on the United States and other industrial Mr. KENNEDY of Massachusetts. Mr. It is a difficult task to navigate this nations. This exemption creates an enormous Speaker, first of all, let me thank my legislation through the minefields and loophole for nations like China, India, Mexico, good friend, the gentleman from Cleve- the shoals that could easily torpedo it. and Brazil which are estimated to be the larg- land, Ohio (Mr. STOKES) for the tremen- It is a testament to the gentleman’s est emitters of greenhouse gases in the next dous job that he has done, not only in legislative skills that once again he century. this particular bill, but in so many has been able to bring to the House a This gross inequity will have a chilling effect other bills over the years of making free-standing bill deserving of the sup- on the U.S. economy. Those who can least af- sure that the poorest people in our port of all of us. I count the gentleman ford it would be hardest hit by increases in the country are provided the basic protec- not only as a valued colleague, but also cost of electricity, gasoline, food, and other tions that I think all Americans be- as my personal friend. Along with my goods. lieve in. I also want to thank the gen- wife, Jay, I look forward to many more Mr. Speaker, the language included in this tleman from Ohio for the tremendous years of friendly association with you, Conference Report is critical to stop the imple- years of service that he has provided JERRY, and with your lovely wife, Ar- mentation of a fatally flawed treaty. I urge all of the people across this country, lene. every member of the House of Representa- not just in his own home district, but Mr. Speaker, I also want to take a tives to support the VA±HUD Conference Re- any poor American who feels that they moment to express my personal appre- port and this vital funding limitation. can look to their government for a ciation to the subcommittee staff di- Mr. LEWIS of California. Mr. Speak- helping hand from time to time ought rector, Frank Cushing, for his profes- er, I yield 2 minutes to the gentleman to recognize that behind the helping sionalism and for the manner in which from California (Mr. SOLOMON), the hand of the government was always he has worked with me and the other chairman of the Committee on Rules. LOU STOKES’ long shadow. I am just so members of the minority. I also want Mr. SOLOMON. Mr. Speaker, I thank honored to be able to have worked with to express my appreciation to Paul the gentleman from California for him in this process on bringing this bill Thomson, Tim Peterson, Valerie Bald- yielding me this time. to the House floor this afternoon. win, Dena Baron, who is a detailee to I am only going to take a minute just I also want to thank the chairman of our subcommittee, along with Jeff to, more than anything else, praise and the subcommittee, the gentleman from Shockey and Alex Heslop on the chair- commend the gentleman from Califor- California (Mr. LEWIS) for the fine man’s personal staff. My special thanks nia (Mr. LEWIS) and the gentleman work that he continues to do and will also to 2 members of the Minority staff from Ohio (Mr. STOKES) for the out- continue to do into the future in terms whom I have grown to be very close to standing job that they have done, not of looking out after the Nation’s hous- and who have both been invaluable to just on this bill but on the bills that ing needs, in particular. me, Del Davis and David Reich, along they have brought to this body every It is important that we understand with Fredette West of my own congres- single year for so many years under the that we have a major commitment to sional staff. chairmanship of the gentleman from housing our poor and our senior citi- Mr. Speaker, I reserve the balance of California (Mr. LEWIS) and before that, zens, our elderly people across our my time. the chairmanship of my very good country, and it is only through the Mr. LEWIS of California. Mr. Speak- friend, the gentleman from Ohio (Mr. generosity and the willingness of peo- er, I yield such time as he may con- STOKES). ple like LOU STOKES and Chairman sume to the gentleman from Michigan When we look at this particular ap- LEWIS to take stands to protect those (Mr. KNOLLENBERG). propriation bill, to think that the Vet- people that we are able to bring this (Mr. KNOLLENBERG asked and was erans’ Administration is getting $42.6 bill to the floor. given permission to revise and extend billion out of a total allocation of $70 I also want to pay particular thanks his remarks.) billion, and that is outstanding. I know to my good friend, the gentleman from Mr. KNOLLENBERG. Mr. Speaker, I we will have Members that say it is not New York (Mr. LAZIO) who I crashed rise in strong support of the VA-HUD enough, and maybe even I think it may with more than once over this piece of conference report. I extend congratula- not be enough, but my colleagues have legislation, but I am glad to say that October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9613 we both found ways of working to- Brook amendment, which continues to chalk board and started developing pol- gether and coming up with what I be- be in place, but we do make certain icy about what we needed to do after lieve is a very, very good compromise. that other kinds of requirements mak- visiting a number of different public I said to the gentleman from Ohio ing certain that there are not work dis- housing authorities that were just dev- (Mr. STOKES), I have never heard more incentives in the bill are eliminated. astating in their impact on tenants. nice things said about he and the gen- I am happy to say in working with I want to thank Paul Callen from the tleman from New York (Mr. SOLOMON), Secretary Cuomo that we have been Legislative Counsel’s Office, who and even the Boston Herald wrote a able to raise the FHA loan limits, worked countless long hours when we nice story about me yesterday. which will open up home ownership op- knew there was going to be final legis- b 1230 portunities for millions and millions of lation and kept on redrafting and re- families all across this country. And I drafting. He was enormously helpful, I was figuring that I would highly think that HUD today is an agency and personifying the very best of the recommend quitting, if Members want that has come back a long way from staff work in this House. Aquiles to get good press around here. Maybe I the days of an agency that was full of Suarez, Clinton Jones, Sarah Chapman, should recommend that to a few more difficulties, of bureaucratic anomalies Richard Scott, the staff director, Jo- guys on the other side. But neverthe- and all sorts of issues pertaining to seph Ventrone and David Horne, who as less, I do want to say a brief word how public housing and assisted hous- counsel to the committee literally bled about this legislation, because I do ing was getting built. It is now an and sweated through this process. I think it is important. want to thank all of them for their ex- We have a basic principle in America agency that is well-run, and I think that people on both sides of the aisle traordinary hard work. that we are going to look out after the I want to thank the House leader- poor. We are going to make sure that have recognized the fact that there has been professionalism brought back to ship. As I mentioned earlier, Mr. they get protected when they need a Speaker, this is the third incarnation helping hand in terms of housing. And HUD, and we now see the Congress of the United States being willing to of this bill. Three times this bill was what we have done is seen this country, passed on the House floor, once in the over the course of the last several pump billions of dollars worth of in- creased funding into this agency and last Congress in a bipartisan fashion years, house over 3 million families in with over 100 Democrats supporting, our country. What we have not done, into the housing units that it provides to the poor. once this Congress with over 70 Demo- however, is provided them the nec- crats supporting and virtually every essary subsidies to keep those housing So, I want to very much thank my friend, the gentleman from New York Republican supporting this monu- units in good shape. mental reform of public welfare, and a (Chairman LAZIO), for the great leader- As a result, every American is now third time as part of VA–HUD. This familiar with the sight of some mon- ship he has shown and tell him what a great pleasure it has been to work with legislation really is the second step of strosity that is called public housing reforming the welfare system by re- that is deteriorating, that is full of him over the course of the last few years, and I look forward to working forming public housing. And I want to very poor people and full of violence acknowledge the work of my friend and with him for at least a few more days. and crime and drugs. And people say colleague, the gentleman from Massa- look at public housing, it simply does Mr. LEWIS of California. Mr. Speak- er, I yield such time as he may con- chusetts (Mr. KENNEDY). And as I bid not work. him a farewell after this week, I want Mr. Speaker, the fact of the matter is sume to the gentleman from New York to say it has been a pleasure to work that if we continue to have policies (Mr. LAZIO), the chairman of the sub- with him, and I compliment him for his where we just concentrate the poorest committee of the Committee on Bank- very good work. ing and Financial Services that deals of the poor in large public housing This Quality Housing and Work Re- with housing, as I thank him for his co- units and do not provide them with the sponsibility Act speaks to the concepts subsidies they need to keep those hous- operation and fine work this year. that we hold dear as Americans of fam- Mr. LAZIO of New York. Mr. Speak- ing units in decent shape, we are going ily, of accountability, of responsibility, er, I want to begin with a few ‘‘thank to see further deterioration. If we do of working, of stronger communities, yous’’ of my own. First of all, I would not, in fact, provide the funding levels of safer communities, of empowerment like to thank the gentleman from Cali- to make sure that the apartments are of the individual and of neighborhoods fornia (Mr. LEWIS), and the gentleman kept up and what we end up doing is over Washington institutions. just concentrating the poor, then we from Ohio (Mr. STOKES) for their assist- We have in this bill made significant see the deterioration. ance and for their leadership in helping changes that remove the disincentives If, in fact, on the other hand, as the to bring this bill to the floor and for al- to work. Republican chairman of the Sub- lowing us on the authorizing side to There are more tenant choices in this committee on Housing and Community carry almost 400 pages of authorizing bill, giving tenants the incentive to go Opportunity, the gentleman from New provisions that comprise the Quality to work and to have a family without York (Mr. LAZIO) had proposed, that all Housing and Work Responsibility Act being punished by the perverse rules we do is simply bring in more mod- to this floor. that have punished work and punished erate-income people into public hous- I would be remiss if I did not also at family. ing, that might solve the issue of look- this time thank another important per- We allow tenants to use vouchers for ing at buildings and saying, well, they son, the gentleman from New York home ownership, giving them an oppor- are in much better shape. The problem (Mr. SOLOMON), who was responsible for tunity of the American dream. is what it does do is it leaves the very helping to craft the rule, not just this This is a victory of one, dynamic vi- poor without shelter. time, but on three earlier occasions sion of public housing over a static vi- So, what we found is a way of making that helped bring this to the floor. sion. One is to defend the status quo, certain that we provide protections for JERRY SOLOMON is a great New York- which we reject here and which we the very poor, and that is a great trib- er. People say JERRY is three things. have rejected in the past, and the sec- ute to the gentleman from Ohio (Mr. He is a marine, he is a Republican, and ond, which we embrace today, which is STOKES) and the gentleman from Cali- he is an insurance agent, not nec- to create a dynamic environment in fornia (Mr. LEWIS) in terms of their ca- essarily in that order. He has always public housing where the working poor pability of finding us an additional been a man who has done great service and the people who are not employed 50,000 vouchers to make certain that to this body, who has brought honor on can live together; where people can ful- any poor person that is going to be dis- this institution, and so it is my pleas- fill their greatest ambitions, including placed by the basic provisions of this ure to tip my hat as I say to JERRY, going to work or creating a family; bill are, in fact, going to find their ‘‘Good luck as you just ‘step outside.’ ’’ where we remove the sense of despair housing needs met by our country in Let me thank also my staff who have and loss and a sense of failure with suc- any event. been very important to this. This proc- cess, with a sense of opportunity, with There are also some other protec- ess began over 3 years ago, Mr. Speak- a sense of progress, with a sense of tions that come in the form of the er, in my office when we got out a growth. H9614 CONGRESSIONAL RECORD — HOUSE October 6, 1998 We embrace in this bill a policy that for their extraordinary efforts on our any State program for temporary assistance encourages an American work ethic. behalf. I thank the gentleman from for needy families (TANF). Family Self-Sufficiency Program. Transi- We say that community service is very New York (Mr. LEACH), chairman of the tion provisions which maintain the Family important to build our own commu- full Committee on Banking and Finan- Self-Sufficiency requirements for vouchers nities. People in public housing deserve cial Services, for his trusting me and currently used by PHAs in such programs, to live in peaceful enjoyment in their his help throughout the process. And maintaining current obligations but elimi- own apartments just like other Ameri- again, I want to thank Mr. LEWIS (of nating program requirements prospectively. cans. We screen out people who are vio- California) my colleagues on the Com- Public Housing Agency Plans. Requires lent criminals. They will not even get mittee on Appropriations for their pa- each PHA to submit a plan, composed of an initial five-year plan showing the PHA’s a first strike. They will not get into tience and for their leadership. public housing. For people who disrupt statement of needs and goals for that period TITLE V OF THE FY99 VA/HUD APPROPRIA- (updated every five years), and a moral de- other tenants in the halls, they will be TIONS CONFERENCE REPORT, ‘‘THE QUALITY tailed operating plan, which shall be submit- removed from public housing. HOUSING AND WORK RESPONSIBILITY ACT OF ted annually. The contents of the annual We say to public housing authorities 1998’’ SUBTITLE SUMMARY OF MAJOR PROVI- plan (which may be submitted as part of a that work well and to the successful SIONS comprehensive housing affordability strat- public housing authorities that they The short title of the bill is the Quality egy) much include, among other things, in- will be rewarded with more flexibility. Housing and Work Responsibility Act of 1998. formation on the housing needs of the local- We are going to trust them. We are The bill removes disincentives for residents ity, population served, method of rent deter- going to reject the immorality of re- to work and become self-sufficient, provides mination, operations, capital improvements, warding failure and penalizing success. rental protections for low-income residents, unmet housing needs of families with in- We will look at public housing authori- deregulates the operation of public housing comes less than 30 percent of median, home- ownership efforts, and efforts to coordinate ties that have been doing a poor job authorities, authorizes the creation of mixed-finance public housing projects, and the program with local welfare agencies and year after year after year and say, ‘‘No gives more power and flexibility to local gov- providers and other items. One or more resi- more.’’ No more are we going to throw ernments and communities to operate hous- dent advisory boards must be established by good money after bad. And, in fact, we ing programs. the PHA, and the plan must be developed in are going to expect performance. We Generally provisions are effective for Fis- consultation with the resident advisory are going to expect that our dollars are cal Year 1999. Specific provisions are made boards. The Secretary may grant waivers going to be used effectively. We are effective for Fiscal Year 2000 primarily due from some of these requirements for PHAs going to expect that people will have a to budgetary impact. managing less than 250 units. Discusses the standards by which the Sec- SUBTITLE A—GENERAL PROVISIONS chance to be transformed. We are going retary may review PHA plans, notice of ap- to expect that good tenants and good Declaration of Policy and Public Housing proval or disapproval, treatment of existing neighbors are going to be embraced and Agency Organization. States that it is the plans, and authority of a public housing au- celebrated. policy of the United States to assist States thority to amend plans. Enhanced rule- This bill is every principle that we and political subdivisions of States to rem- making procedures are required to ensure say as Americans we support. I have edy unsafe housing conditions and housing sufficient participation by public housing had the opportunity to visit many shortages and to vest in public housing agen- agencies and other appropriate parties in de- cies (PHAs) the maximum amount of respon- veloping HUD regulations governing the housing authorities in many urban sibility and flexibility in program adminis- areas. In New Orleans I spoke with a plan. tration. Recognizes that the Federal Govern- Community service and family self-suffi- cabdriver who came from the very ment cannot through direct action alone ciency requirements. Requires adult resi- housing authority that I was going to provide for the housing of every citizen, but dents of public housing to contribute no less visit and refused to take me there be- must promote the independent and collective than 8 hours of work per month within the cause he said it was too dangerous for actions of private citizens to develop housing community in which the adult resides, or to me. Yet children are expected to grow and strengthen neighborhoods. participate on an ongoing basis in an eco- up there. Families are expected to be Requires that the board of directors of a nomic self sufficiency or job-training pro- formed there. Lives are expected to be PHA include at least one resident of assisted gram. Annual leases are required in public housing (who may be elected by the resi- housing. Annual compliance reviews are re- nurtured there. dents, if provided in the PHA plan). Excep- That is not right, Mr. Speaker. This quired for the work requirement, and leases tions to the requirement are (1) where the shall not renewed unless a resident is in bill marks a pivotal point in trans- PHA is required by State law to have a sala- compliance with the work requirements. Ex- forming those housing authorities. In ried, full-time Board of Directors, or (2) ceptions from community work are provided Chicago, which I visited 4 years ago, where a PHA oversees less than 300 public for working families, senior citizens, dis- there are the Robert Taylor Homes, housing dwelling units and no resident has abled families, persons attending school or with broken windows and garbage in agreed to serve on the Board. vocational training, or physically impaired the hallways and drug addicts control- Minimum Rent. Provides that a public persons. PHAs may administer work require- ling hallways, broken playgrounds, housing authority may establish minimum ments through resident groups or third- rental contributions of not more than $50 per abysmal maintenance, money wasted, party nonprofit organizations. month. Establishes certain mandatory finan- Income Targeting. Forty percent (40%) of nobody working. Four years later, that cial hardship exemptions from the require- public housing units are reserved for families reality is still the same. ment. whose income do not exceed 30 percent of This bill marks the turning point. Determination of Adjusted Income and Me- area median income (‘‘AMI’’). Seventy-five This bill embraces a sense of change, of dian Income. Defines ‘‘adjusted income’’ for percent (75%) of Section 8 vouchers shall be transformation, of expecting success, purposes of this Act to mean the difference reserved for those whose income does not ex- of not tolerating family deterioration, between the income of the members of the ceed 30% AMI. A PHA shall be able to reduce of embracing accountability and re- family residing in a dwelling unit or the per- targeting requirements in its public housing sponsibility. son on a lease and the amount of any income program, with regard to specific projects Mr. Speaker, I feel passionately exclusions—some of which are mandatory— that are located in poverty census tracts, by about this. I feel passionately about for the family as determined by HUD. Man- offsetting increases (on a one-for-one basis) datory exclusions are for: (1) elderly and dis- the House success in making this hap- in Section 8 targeting (‘‘fungibility’’). A abled families ($400); (2) medical expenses; (3) floor of 30% is established in public housing, pen, because I know in my heart that child care expenses; (4) allowance for minors so that reductions in public housing target- without this bill, the Quality Housing residing in the household; (5) certain child ing levels will not result in less than 30% of and Work Responsibility Act being on support payments; (6) spousal support ex- public housing being reserved for those at or this VA–HUD bill, we would not be at penses, (7) earned income of minors. PHAs below 30% of area median income. Current this point. We would not have the par- may establish other permissive exclusions, law requirements are maintained for Section ties at the table. We would not have such as for excessive travel expenses, for ex- 8 Project-Based projects, but targeting is re- agreement, and we would not be able to ample. duced to the same as in public housing (40%) promise the change and improvement A twelve-month mandatory income dis- of those under 30% of AMI). Targeting regard is established for persons who have and opportunity that we are going to changes are effective upon enactment of the been unemployed for 1 or more years and Act. promise to public housing residents who obtain employment, whose income in- PHAs are prohibited from concentrating throughout America. creases as a result of participation in a fam- the poorest families only in certain develop- So, I urge passage. I thank my col- ily self-sufficiency or job training program, ments. A PHA is required to submit with its leagues. I thank the House leadership or who was within six months assisted under annual plan an admissions policy, for review October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9615 by HUD, designed to encourage income-mix- Conversion of Public Housing to Vouchers. bedroom and 7.0 percent of the grant amount ing of residents. PHAs may offer incentives Permits public housing authorities, in ac- for all units in excess of 600. The Secretary in connection with such admissions plans. cordance with the PHA plan, to move toward may increase this fee in certain cir- Certain income and eligibility restrictions a voucher program for certain buildings after cumstances. may be waived by an authority that provides a cost-benefit analysis of maintaining and Advance Notice to Tenants of Expiration, units to police officers, law enforcement and modernizing the building as well as an eval- Termination or Owner Non-renewal of As- security personnel. uation of the available affordable housing. sistance Contracts. Authorizes a Section 8 Repeal of Federal Preferences. Perma- Mandates that a one-time cost assessment be owner and HUD to enter into a five-year re- nently repeals imposition of federal pref- done of every public housing project within newal agreement, whereby the owner agrees erences. Appropriations acts have repealed two years of the date of enactment of the to continue in the program each year for five such provisions annually. Act to determine the relative costs of con- years provided funds are appropriated. Own- Joint Ventures and Consortia of Public verting the project to vouchers versus main- ers who enter into five-year agreements with Housing Agencies. Authorizes PHAs to enter taining it as public housing. HUD are not required to provide annual no- into consortia with other PHAs, or into joint Transfer of Management of Certain Devel- tice to tenants. For owners who have not en- ventures with third parties, to administer opments to Residents. Allows residents or tered into five-year renewal agreements with public housing programs or the provision of non-profit resident management corpora- HUD, they shall provide notice to tenants supportive or social services to public hous- tions to assume the responsibility of manag- which shall include certain required infor- ing residents. ing or purchasing a development. Allows a mation. Public Housing Agency Mortgages and Se- public housing authority to contract with a Homeownership Option. Allows public housing authorities to use funds under this curity Interests. Authorizes PHAs to mort- resident management corporations to man- title to assist a low-income families trying gage or grant security interests in any pub- age one or more developments. lic housing project or property of the PHA, Homeownership. Authorizes PHAs to de- to attain homeownership through lease-pur- chase programs. HUD is authorized to estab- subject to terms and conditions prescribed sign homeownership programs for sale of lish a demonstration homeownership pro- by the Secretary. No action taken may re- public housing units to public housing resi- gram. sult in any liability to the Federal Govern- dents, to entities for resale to residents or Authorizations. Contains a specific author- ment. other low-income persons, or directly to low- izes for FY 2000 and 2001 of an amount suffi- SUBTITLE B—PUBLIC HOUSING income persons. There is a downpayment re- cient to fund 100,000 incremental vouchers quirement, the amount of which is deter- Public Housing Capital and Operating under this section for each of those years; mined by the PHA, for the purchase of any Funds. Provides general parameters for de- authorizes such sums for FY 99 through FY unit to be provided by the purchasing family. veloping capital and operating funds for dis- 2003 for relocation and replacement housing, Resale restrictions are imposed on pur- tribution of funding to PHAs. Funding for witness relocation, and other uses. chasers for five years after sale to prevent the Capital Fund is $3 billion for FY 99 and SUBTITLE D—HOME RULE FLEXIBLE GRANT purely speculative purchases. Homeowner- such sums as may be appropriated annually ship programs under this section are not sub- DEMONSTRATION thereafter through FY 2003. Funding for the ject to the demolition or disposition require- Flexible Grant Program. Provides local- Operating Fund is $2.818 billion for FY 99 and ments. Allows high-performing PHAs to use ities with substandard PHAs a ‘‘home-rule such sums as may be appropriated annually proceeds from disposition of scatter-site pub- flexibility option’’ that would allow them thereafter through FY 2003. Mandates that lic housing to purchase replacement scat- great latitude to design and implement cre- such formulas include a factor that would re- tered-site housing which will be considered ative solutions to local problems. Jurisdic- ward superior performance by PHAs. tions with PHAs that rank in the lower 40% Beginning in FY 2000 and thereafter, PHAs public housing. Required Conversion to Tenant-Based As- of HUD assessment scores are eligible to de- shall have the ability to use up to 20 percent sistance. Contains a mandatory conversion velop alternative housing programs and of their capital grants for PHA operations. provision requiring PHAs to provide housing apply for waivers from certain existing pro- Beginning in FY 99 and thereafter, PHAs assistance in the form of vouchers in lieu of gram rules. PHAs classified as ‘‘high per- with less than 250 units are afforded full continuing to subsidize certain distressed de- formers’’ under HUD assessment scores flexibility between operating and capital would be excluded from eligibility. HUD has velopments. Requires notification of tenants funds. discretion to approve programs from up 100 in public housing developments subject to PHAs that receive income from non-rental jurisdictions over four years (throughout conversion and provides them tenant-based sources may retain and use such amounts for 2002). HUD would enter into ‘‘performance housing assistance or occupancy in a unit the benefit of low-income housing purposes agreements’’ with the jurisdictions setting operated or assisted by the PHA. Authorizes without any decrease in the amounts other- forth specific performance goals. the Secretary to determine whether a PHA wise received by the PHAs under this sec- SUBTITLE E—ACCOUNTABILITY AND OVERSIGHT tion. has failed to comply with this subsection and, in such case, to withdraw funding from OF PUBLIC HOUSING AGENCIES Total Development Costs. Deletes from the Study of Alternative Methods for Evaluat- calculation of total development costs the the development. Mixed-Finance Public Housing. Provides ing Public Housing Agencies. Requires that a costs associated with demolition of public authority for PHAs to develop mixed-fi- study be conducted of alternative methods to housing projects, or the costs of remediation nanced projects, which may include projects evaluate the performance of public housing of environmental hazards associated with containing some public housing units with agencies. HUD is to contract if possible with public housing units. Excludes HOME and non-assisted market rate units. PHAs may the National Academy of Public Administra- CDBG funding from total development cost provide assistance to such developments tion (NAPA) to conduct the study. The find- limitations. ings are to be reported to Congress 12 Family Choice of Rental Payment. Fami- from operating or capital funds, in accord- ance with regulations established by the Sec- months after execution of the contract. lies residing in public housing will have a Expansion of Powers for Dealing with choice as to whether they would rather pay retary of HUD, in the form of grants, loans, guarantees, or other forms of investment in PHAs in Substantial Default. Authorizes the a flat rent for a unit, to be established by the Secretary to (a) solicit competitive propos- public housing authority for each unit in its the project. Allows PHAs to deposit certain grant funds in escrow accounts for use as als from other entities to manage all or part inventory, or to pay no more than 30% of the of the authority’s assets, (b) take possession family’s adjusted income as rent. The pur- collateral in connection with certain tax credit development financing. of all or part of the authority’s assets, (c) re- pose is to allow public housing authorities to quire the authority to make other arrange- create rental structures that would reflect SUBTITLE C—SECTION 8 RENTAL AND ments to manage its assets, or (d) petition the asset value of the unit, similar to the HOMEOWNERSHIP ASSISTANCE for the appointment of a receiver for the au- private rental market and which would re- Merger of Certificate and Voucher Pro- thority, upon a substantial default by a move disincentives to families obtaining em- grams. Merges and consolidates the Section 8 housing authority of certain obligations. ployment and achieving self-sufficiency, certificate and voucher programs. Allows Mandates that after two years of being des- while maintaining income protections for PHAs to establish a set of local preferences ignated as a ‘‘troubled’’ PHA, the Secretary the residents. based on local housing needs and priorities. shall take one of the prescribed actions un- Site-Based Waiting Lists. A PHA is given The screening and selection of tenants shall less HUD determines that the PHA has im- authority to establish site-based waiting be the responsibility of the owner. PHAs are proved its performance by more than 50% as lists notwithstanding any other HUD hand- given the power to terminate contracts with measured by HUD assessment scores. The book or regulation, provided such site-based owners who fail to evict tenants that engage Secretary may provide emergency assistance waiting list is in compliance with civil in activity which threatens the health, safe- to a successor entity of an authority. Allows rights laws. ty or peaceful enjoyment of the premises of an apponted receiver to abrogate contracts Pet Ownership. Residents of public housing other tenants or that is drug-related or vio- that impede correction of the default or im- may own one or more common household lent criminal activity. provement of the authorities classification, pets subject to the reasonable requirements Administrative Fees. For FY99, sets ad- demolish and dispose of assets in accordance of the public housing agency and in accord- ministrative fees for public housing authori- with this title, and create new public hous- ance with state and local laws and regula- ties at 7.65 percent of grant amount for the ing authorities in consultation with the Sec- tions. first 600 units at fair market rent for a two retary. H9616 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Audits. Provides that the Secretary may Income Eligibility for HOME and CDBG insurance by extending authorization of the withhold amounts from assistance otherwise Programs. The HUD Secretary shall within National Flood Insurance Program (NFIP) payable to a PHS for purposes of paying the 90 days of enactment of the Act grant for not for homeowners through FY 2001. reasonable costs of conducting an independ- less than 10 jurisdictions exceptions to the Extends emergency implementation of ent audit of the PHA. limitations based on percentage of median NFIP to the end of 2001 by allowing certain SUBTITLE F—SAFETY AND SECURITY IN PUBLIC income applicable to those jurisdictions communities lower flood premiums while in HOUSING under the HOME and CDBG programs. the middle of implementing mitigation and Provisions Applicable to Public Housing Use of Assisted Housing by Aliens. Makes other flood control plans that ultimately re- and Section 8 Assistance. Provides that the certain technical drafting corrections to the duce the community’s risk for flooding. Assistance for Self-Help Housing Provid- National Crime Center, police departments, Illegal Immigration Reform and Immigrant ers. Expands competition of Self-Help Hous- state law enforcement agencies designated Responsibility Act of 1996 (the Immigration ing Program (SHOP) by requiring HUD to as registration agencies under a state reg- Reform Act). The corrections are necessary make self-help housing program nationally istration program, or other law enforcement to prevent a PHA from having the option not and regionally competitive. [Program pro- agencies shall provide to the PHA upon its to enforce the provisions of the Immigration vides funds for infrastructure and land acqui- request information regarding the criminal Reform Act contrary to the intent of Con- sition to groups who sponsor self-help hous- background of an adult applicant for housing gress. Protection of Senior Homeowners Under ing programs. Program started in FY 1996 assistance. An applicant must be given an Reverse Mortgage Program. Permanently with $40 million, assisting over 4,000 homes opportunity to dispute any such informa- authorizes HUD’s reverse mortgage program at an average government cost of $10,000 to tion. PHAs may be charged a reasonable fee and establishes a limit of 150,000 mortgages. provide homeownership.] for provision of the information. Extends time to complete FY96 SHOP Screening of Applicants. Provides that a Requires that the Secretary consult with projects by extending from 24 months to a family is ineligible for federally-assisted consumer groups to identify alternative ap- total of 36 months the time grantees may use housing for three years if evicted by reason proaches to providing consumer information funds under this program to build housing. of drug-related criminal activity or for a rea- regarding home equity conversation mort- Extends SHOP program for FY 1999 and FY sonable time (as may be determined by the gages. Provides that HUD shall develop re- strictions to prevent the elderly from being 2000 by granting two year extension. PHA) for other criminal activity. A PHA or Special Mortgage Insurance Assistance. owner of federally-assisted housing shall es- defrauded by third-party financial advisors. The Secretary is required to issue rules that Updates underutilized FHA program for tablish standards prohibiting admission of high-risk borrowers by providing limited persons or families who the PHA reasonably would ensure that the mortgagor does not fund any unnecessary or excessive costs of mortgage insurance for high-risk borrowers determines to be using an illegal substance who participate in CDFI led pre- and post- or whose use of illegal substances or alcohol obtaining the mortgage, including costs for estate planning, financial advice, or other purchasing counseling for mortgages under would interfere with the health, safety, or $70,000 and requires participation through a right to peaceful enjoyment of the premises related services. Native American Housing Assistance. certificed CDFI who will share in any losses by other residents. incurred. A PHA or owner of federally-assisted hous- Makes technical amendments to the Native ing may deny admission to any applicant American Housing Act of 1996. Mr. STOKES. Mr. Speaker, I yield 15 Amendments to Rural Housing Programs. household that, during a reasonable period seconds to the gentleman from Massa- Simplifies and expands Single Family Loan prior to applying for housing assistance, had chusetts (Mr. KENNEDY). Guarantee Homeownership Program by bas- engaged in any criminal activity. A PHA or ing homeownership opportunity solely on in- Mr. KENNEDY of Massachusetts. Mr. federally-assisted housing owner may re- dividual income, up to 115 of Area Median In- Speaker, I just wanted to acknowledge quire that an applicant household prior to come rather than area loan limits. Author- the tremendous work, and one of the admission authorize the PHA to obtain any izes a permanent extension of undeserved great aspects of working in the Con- relevant criminal records from the National areas program that requires a 5% set aside of Crime Information Center, police depart- gress is to see the tremendous diligence rural housing programs for undeserved areas. ments, and other law enforcement agencies. and dedication of the staff,. I particu- Termination of Tenancy and Assistance for Preference [current law] for these area will larly want to thank Angie Garcia and Illegal Drugs Users and Alcohol Abusers. Re- be given to projects where poverty is 28% or Rick Maurano from the Committee on greater and where 13% of the housing is sub- quires a PHA or owner or federally-assisted Banking and Financial Services for housing to establish safeguards and lease standard. Authorizes permanent extension of Section their hard work on the housing bill. provisions allowing termination of assist- 515 program (Rural Multifamily Direct Loan Also, Scott Olson from my own staff, ance to residents who the PHA or owner de- Program) of rental housing for very low, low who has really worked very, very hard termines to be engaging in the use of a con- and moderate income families, the elderly trolled substance or whose illegal use of a on this bill, and also Del Davis and and disabled in rural areas through direct controlled substance interfers with the David Reich for the hard work that government loans to eligible borrowers to health, safety, or right to peaceful enjoy- they have done to continue to protect construct or to acquire and rehabilitate ment of the premises by other residents. the interest of the poor who occupy our Ineligibility of Dangerous Sex Offenders. rental housing. Authorizes permanent extension of non- housing units. Requires that owners prohibit admission to profit entities that requires that 9% of Sec. Mr. STOKES. Mr. Speaker, I yield 3 federally assisted housing to any household 515 funds be allocated to non-profit groups. minutes to the gentleman from New that includes any individual who is subject Authorizes permanent extension of Sec. 538 York (Mr. LAFALCE), the ranking mem- to a lifetime registration requirement under program (Rural Multifamily Loan Guarantee a State sex offender registration program. ber on the Committee on Banking and Program) to allow the USDA Secretary to Financial Services. SUBTITLE G—REPEALS AND RELATED guarantee eligible loans for the development A PROVISIONS (Mr. L FALCE asked and was given of rural rental housing. permission to revise and extend his re- Repeals Relating to Public Housing and Requires the USDA Secretary to guarantee Section 8 Programs. Repeals numerous obso- rural multifamily loans (Sec. 538) where marks.) lete individual public housing grant pro- funds from tax-exempt bond financing are in- Mr. LAFALCE. Mr. Speaker, I thank grams and authorities. volved and therefore expands the base of the gentleman for yielding me this Amendments to Public and Assisted Hous- funds a group may use to leverage funding time very much. ing Drug Elimination Act of 1990. Amends for rural multifamily housing. Mr. Speaker, I rise in support of the certain provisions of the Anti-Drug Abuse Expands non-profit participation in Sec. conference report providing appropria- Act of 1988, which allows the Secretary of 514—Farm Labor Housing by making limited tions to VA–HUD and Independent HUD to make grants for use in eliminating dividend partnerships, controlled by non- Agencies for fiscal year 1999. First of crime in and around public housing and profit corporations, eligible for farmworker other federally assisted low-income housing housing loans and therefore expands the base all, I, too, want to join in the plaudits projects. An authorization of $310 million is of funds a group may use to provide farm- of the gentleman from Massachusetts provided for FY 1999, and such sums as may worker housing. (Mr. KENNEDY) for the tremendous staff be appropriated through FY 2003. Eases rules on Farm-Labor Housing and work that we have received on this bill Treatment of Occupancy Standards. Pro- Rental Assistance by permitting seasonally from both sides of the aisle, and he has hibits HUD from Establishing a national oc- operated farmworker housing projects to be enumerated the individuals. cupancy standard. Mandates that HUD pub- funded on an operating basis and therefore As on every bill, there are some indi- lish by Notice in the Federal Register the eases paperwork burden by permitting viduals in the Congress who are deserv- contents of a HUD memo (the ‘‘Keating project rents to be based on the area income Memorandum’’) setting forth HUD’s stand- of farmworkers rather than individual in- ing of special attention. Certainly the ards for enforcement with respect to dis- come. gentleman from California (Chairman crimination complaints involving familial Reauthorization of National Flood Insur- LEWIS), the gentleman from Ohio (Mr. status. ance Program. Authorizes homeowner’s flood STOKES) the ranking member, certainly October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9617 also the gentleman from New York Most notably, however, the VA±HUD con- ference report permits 55 localities served by (Mr. LAZIO) and the gentleman from ference report includes landmark public and a troubled PHA and 45 localities served by a Massachusetts (Mr. KENNEDY). assisted housing reform legislation. The legis- non-troubled, non-high performing PHA to I point out in particular the work of lationÐa product of weeks of bi-partisan nego- apply to receive public housing operating and the gentleman from Ohio (Mr. STOKES) tiations between the House and Senate Bank- capital funds and section 8 funds directly and and the gentleman from Massachusetts ing CommitteesÐrepresents a balance be- to administer comparable housing programs (Mr. KENNEDY), not because they are tween the need to reduce the concentration of with such funds. I intend to closely monitor the partisans on my side of the aisle, but very poor families living in public housing and implementation of this program to ensure that because they will be leaving Congress the necessity to preserve adequate housing localities continue to serve as many families in this year, and this legislation can assistance for the very poor. That balance need as possible and preserve the public and stand as one of the most significant was achieved, in part, because the authorizers assisted housing stock as affordable housing. hallmarks of their work here, some- agreed to establish targting requirements that Again, I want to express my appreciation to thing of which they can be very, very far exceed the provision in the House-passed Secretary Andrew Cuomo and my colleagues proud. bill, HR 2, which I opposed. The balance, on the Banking CommitteeÐChairmen LEACH We would also be remiss if we did not however, was further enhanced by the work of and LAZIO, Ranking Member KENNEDY, Chair- acknowledge the tremendous impact the Appropriators to fund new units of section men D'AMATO and MACK, Ranking Members and influence and tenacity of the Sec- 8 assistance for those with families working to SARBANES and KERRYÐfor working with me to retary of Housing and Urban Develop- move from welfare-to-work. develop a thoughtful and progressive public ment, Secretary Cuomo, in attempting This balance, however, did not come easy. and assisted housing reform bill which I am to come up with a bill that everyone For years, the Congress has deliberated upon proud to support. could support. If it were not for that dramatic reforms to the public and assisted Mr. LEWIS of California. Mr. Speak- tenacity, that doggedness, that perse- housing programs which serve over 4 million er, I yield such time as he may con- verance, we would not be standing here low-income, American families today. But sume to the gentleman from Iowa (Mr. today as we are. So I applaud him, too. today, I believe the four-year campaign of LEACH), chairman of the Committee on b 1245 Congressional Democrats , the Administration, Banking and Financial Services. There are many reasons to support and tenant advocates against onerous rent re- (Mr. LEACH asked and was given per- this bill. Core HUD programs, such as forms and irresponsible targeting levels has fi- mission to revise and extend his re- the modernization program for public nally brought positive results. Policy issues of marks.) housing; the Section 8 incremental ac- most concern to me and my Democratic col- Mr. LEACH. Mr. Speaker, I thank my count; the McKinney homeless pro- leaguesÐincluding maintaining affordable distinguished colleague for yielding me grams, all receive needed increases. rents for tenants; reserving an adequate num- this time, and let me just echo the $42.6 billion is provided to veterans pro- ber of units of public and assisted housing for comments of so many about the distin- grams in benefits, $439 million more the poor; streamlining the administrative bur- guished service of the gentleman from than requested by the administration. dens on Public Housing Authorities (PHAs); Ohio (Mr. LOU STOKES), whose friend- And the AmeriCorps program receives and replacing dilapidated housing with sustain- ship is much appreciated; as well as $22 million more than provided last able, mixed income communitiesÐhave been that of the gentleman from New York, year. resolved fairly and appropriately in this con- (Mr. SOLOMON), who, through the Com- Most notably, however, the VA-HUD ference report. mittee on Rules, has truly shaped the conference report includes landmark For instance, the report targets 75 percent agenda of the last two Congresses. public and assisted housing reform leg- of section 8 tenant based housing and 40 per- Second, I would like to thank my islation. The legislation, which was a cent of public housing for ``very poor'' families, good friend, the gentleman from Cali- product of months of bipartisan nego- those with incomes at and below 30 percent of fornia (Mr. JERRY LEWIS), for working tiations between Members of the House the area median income. If a PHA has hous- with the authorizing committee in Committee on Banking and Financial ing developments located in areas where such a forthright way, in an appropria- Services and the Senate Committee on there are high concentrations of very poor tions context, which is a rather un- Banking, Housing, and urban Affairs, families, it may reserve up to 10 percent fewer usual circumstance but much appre- represents a balance between the need units of public housing for the very poor as ciated. to reduce the concentration of very long as it increases the number of section 8 Second, I would like to underscore, poor families living in public housing assistance reserved for the very poor from 75 as the gentleman from Massachusetts and the necessity to preserve adequate percent to 85 percent. The conference report (Mr. KENNEDY), the gentleman from housing assistance for the very poor. I also provides that tenants may choose either New York (Mr. LAFALCE), and most of think that balance was achieved, in an income-based rent of up to 30 percent of all, the gentleman from New York (Mr. part because the authorizers agreed to the tenant's adjusted income or a market- LAZIO) have, that included in this ap- establish targeting requirements that based rent. Protections for tenants who propriations bill is the Quality Housing far exceed the provision in the original choose to pay a market-rate rent but then suf- and Work Responsibility Act of 1998, House-passed bill, H.R. 2, which I had fer a change in income making the market which represents the first major updat- to oppose. That balance, however, was rent unaffordable, or who choose to pay an in- ing of our public housing laws since the enhanced by the work of the appropri- come-based rent and benefit from an increase depression. ators to fund new units of Section 8 as- in income, are also provided. This landmark legislation is one of sistance for those with families work- I do want to point out, however, that I would the two or three most important issues ing to move from welfare to work. I do have preferred a less punitive resolution to the before this session of this Congress. not think we would have had an ade- ``community work'' requirements promoted by Outdated laws and programs are re- quate balance without those additional my Republican colleagues. The conference re- placed with a new empowering ap- units of Section 8 housing. port goes too far in making the requirement a proach for people in our smaller com- Today, I rise in support of the conference condition of occupancy and authorizing a PHA munities as well as our larger cities. report providing appropriations to VA±HUD to evict a tenant found in non-compliance. There is much to be proud of in this and Independent Agencies for fiscal year Certainly, I support encouraging all Americans bill, home ownership, local control, 1999. As Ranking Member of the Banking to contribute to their community. But I cannot volunteerism, and empowerment, to Committee, there are many reasons to support support an approach that could result in evict- name a few. this bill. Core HUD programs, such as the ing families from public housing for failing to On a philosophical note, I am re- modernization program for public housing, the volunteer in their community. minded of a speech given last year by section 8 incremental account, and the McKin- I am also concerned that the conference re- the British Prime Minister Tony Blair. ney homeless program, receive needed in- port includes the Home Rule block grant that He stated: ‘‘In the 1960s, people thought creases. $42.6 billion is provided to veterans permits localities to apply to HUD to admin- government was always the solution. programs and benefitsÐ$439 million more ister their public and assisted housing pro- In the 1980s, people said that govern- than requested by the Administration. The grams. Despite the fact that this provision was ment was the problem. In the 1990s, we Americorp program receives $22 million more strongly opposed by PHA and without vocal know that we cannot solve . . . prob- than provided last year. support from the mayors or cities, the con- lems . . . without government, but that H9618 CONGRESSIONAL RECORD — HOUSE October 6, 1998 government itself must change if it is mittee on Science is the precedent set who are in danger of losing their to be part of the solution.’’ in this bill for approving authorizing homes. In addition to that, I want to Mr. Speaker, both the majority and legislation dealing with the housing thank them for the money for my com- minority members of the Senate and problems that are the subject of this munity, hard-pressed, that will turn an the House committees of jurisdiction, bill. This probably represents a greater old abandoned hospital into a commu- and as has been mentioned here, our degree of cooperation between author- nity asset. extraordinary staffs, as well as the ad- izers and appropriators than we have I also want to thank them once again ministration, led by Secretary Cuomo, seen in the history of this Congress. for including ‘‘buy American’’ lan- worked tirelessly to craft a reasonable And by sheer coincidence, I spent part guage, so that when these funds are and responsible approach to reform of my time in the last week drafting a spent, these agencies will keep in mind public housing programs in a manner revision to the rules of the House the fact that American taxpayers are that I believe will achieve efficiencies which would facilitate exactly what American wage earners, and American at the Federal level and advantages at has been done in this bill, and it re- wage earners are those who have Amer- the local level, and empower some of quires only rather minor changes in ican jobs. People have American jobs the most needy in our society with the the wording of the rules. This will, of because Americans, as consumers, buy resources to become self-sufficient and course, if appropriate, be brought up American products. And when our gov- to make decisions based on responsible for discussion when we reorganize in ernment buys, they should consider choices. the next Congress. buying American. The Quality Housing and Work Re- In addition to what I have already So with that, in closing, I do want to sponsibility Act of 1998 makes nec- said, praising the overall impact of this make this last tribute on this appro- essary changes to be part of the solu- bill, let me make special mention of priation bill to be handled by the dis- tion. It symbolizes many things, not the cooperation that I received from tinguished Member, the gentleman the least of which is that serious legis- the committee in dealing with a small from Ohio (Mr. STOKES). My commu- lation can be considered during times but I think significant program involv- nity wants to thank the gentleman for of difficulties between the administra- ing cooperative research between the all he has done for the Nation, for the tion and the Congress. U.S. and Mexico. State of Ohio, and for the 17th Congres- Finally, let me just conclude by We have been working for a number sional District of Ohio. Without a stressing again the extraordinary work of years establishing a joint U.S.-Mex- doubt, his legacy will long be remem- of the gentleman from New York (Mr. ico research foundation. And, of course, bered and felt here and he will be deep- LAZIO) in putting this bill together; the any time we try to do something new, ly missed. extraordinary thoughtfulness and co- we run into lots of problems. I would I thank the chairman for all his help. operation of the ranking member, the say that the work of the gentleman Mr. STOKES. Mr. Speaker, I yield 2 gentleman from Massachusetts (Mr. from California and the gentleman minutes to the distinguished gentle- KENNEDY); as well as the ranking mem- from Ohio has been critical to solving woman from New York (Ms. ber of the full committee, the gen- these problems, which are procedural VELA´ ZQUEZ). tleman from New York (Mr. LAFALCE); in large part. The amount of money in- Ms. VELA´ ZQUEZ. Mr. Speaker, as and, of course, the thoughtfulness of volved is not all that great. But I want the representative of one of this coun- the gentleman from California (Mr. to express my deep appreciation to try’s largest public housing popu- LEWIS); as well as the full committee them for their willingness to assist on lations, I strongly oppose this con- chairman, the gentleman from Louisi- this matter, and I am sure that the re- ference report. The public housing pro- ana (Mr. LIVINGSTON). sults will bear fruit that they will be visions in the agreement will only en- I strongly urge support for this legis- proud of in improving our relationships sure that the difficult lives of the ex- lation. And I would be remiss if I did with our neighbor to the south in fu- tremely poor become a nightmare. not say that I am very proud of this ture years. I look forward to continu- Over the years, the nature of public particular work product of this Con- ing to work with them, assuming I am housing has changed. Clearly, reform gress. fortunate enough to be reelected in the has become necessary. But the provi- Mr. STOKES. Mr. Speaker, I yield 21⁄2 years ahead. minutes to the gentleman from Califor- Mr. STOKES. Mr. Speaker, I yield 2 sions in this report represent a signifi- cant departure from our national com- nia (Mr. BROWN), the distinguished minutes to the distinguished gen- mitment to helping those most in need. ranking member of the Committee on tleman from Ohio (Mr. TRAFICANT). Science. (Mr. TRAFICANT asked and was This report simply gives up on housing (Mr. BROWN of California asked and given permission to revise and extend the very poor. was given permission to revise and ex- his remarks.) A year ago, when the Republican tend his remarks.) Mr. TRAFICANT. Mr. Speaker, I leadership brought these provisions to Mr. BROWN of California. Mr. Speak- want to just take a few seconds to pay the floor, they left little hope of a er, I thank the gentleman very much tribute. I missed an opportunity to pay bright future for public housing ten- for yielding me this time, and I will try tribute to a great American, a great ants. Democrats fought hard and won to be brief. marine, the gentleman from New York on some points of basic fairness. Al- I believe that we have before us an (Mr. SOLOMON), chairman of our Com- though this conference report elimi- excellent bill, H.R. 4194, which, while mittee on Rules. And Godspeed. He is nates some of the worst provisions in not perfect, and no bill can be, goes a one of our greatest. that bill, it still does not pass the com- long way toward dealing with a lot of I want to pay tribute also to the passion test. the problems which I have, particularly chairman of this committee, and thank Decent and affordable housing will in my role as the ranking member of him for all the help that he has given remain out of reach for millions of the the Committee on Science. These prob- my community and the Nation. neediest families. People affected by lems involve NASA, the National And I want to pay a special tribute to this legislation are some of the most Science Foundation, EPA research, and an individual who I consider to be one vulnerable members of society. Many other related matters. Overall, the bill of the strongest legislators in the his- of these families are working to be- deals positively with all of these agen- tory of our Nation, the gentleman from come self-sufficient. We should be ad- cies, and I am proud to support the bill Ohio (Mr. LOU STOKES), the first Afri- dressing those issues instead of unrav- and acknowledge the fine work of my can American to be a cardinal in the eling one of our most vital safety nets. two good friends, the gentleman from Congress of the United States. Abso- My colleagues, if we are going to re- California (Mr. LEWIS), and our ranking lutely amazing. He is certainly one of form public housing, we must do so in member, the gentleman from Ohio (Mr. the best. a reasonable and compassionate way. STOKES). Now, the business. I want to thank Preserving rent limits and improved I think perhaps more important than the committee for including the lan- targeting are only a small step. The the matters that I have mentioned re- guage of my bill, which will extend question we must ask ourselves is lating to the jurisdiction of the Com- housing counseling services to veterans whether the poorest families are going October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9619 to be better off. The answer is clearly you for the money for Covenant House schools to teach their children about math and no. that will help young people be housed science. Funding for this budget is $10 million I urge all of my colleagues to oppose in Texas. The runaways will now have over last year's budget. However, I am con- this conference report. a place to live because of the support of cerned at the refusal of support of the Kyoto Mr. STOKES. Mr. Speaker, I yield 2 Covenant House in Texas. Global Warming Treaty. There are also some minutes to the gentlewoman from I would ask the gentleman from Ohio other research on the EPA that we must fix. Texas (Ms. SHEILA-JACKSON LEE). to continue his good work and continue The preservation of our environment is very (Ms. JACKSON-LEE of Texas asked his good service. important. and was given permission to revise and Mr. Speaker, I rise today to voice my opin- Finally, the budget for the Corporation for extend her remarks.) ion on H.R. 4194, the VA±HUD±Independent National and Community Service, better Ms. JACKSON-LEE of Texas. Mr. Agencies Appropriations for FY 1999. Al- known as Americorps, was zeroed out in the Speaker, I thank the gentleman for his though the measure has some redeeming ele- House version of the bill. I was astonished at kindness and for yielding me this time. ments, I am still unhappy with some of the this move. Americorps has valiantly served our Let me pay special tribute to the provisions. country during its short existence, and I hope gentleman from Ohio (Mr. STOKES) for First, this is a VA±HUD Appropriations bill, that we will continue to support it. I believe the leadership that he has shown in not a public housing authorizing bill. For the that any program as positive as this, which Congress, and over this particular leg- life of me I cannot figure out the why of the islation that impacts so many Ameri- highlights the American virtue of volunteerism provision requiring unemployed public housing and altruism, should be continued indefinitely. cans. We thank him for his leadership. tenants to contribute eight hours of community And the gentleman from California I am very pleased that the other body added serve each month to remain in public housing. the $426 million back in for 1999Ðequal to (Mr. LEWIS), we thank him for coopera- The 13th Amendment of the Constitution tively working with the gentleman the 1998 funding. states that ``Neither slavery not involuntary from Ohio. They have been a dynamic I am also grateful that the Conference bill servitude will be permitted except for a punish- team. includes $42 billion in VA programs and bene- ment of crime where the party shall have been fits. This Report includes much needed fund- b 1300 duly convicted.'' Forcing people into manda- ing for medical and prosthetic research, serv- I somewhat disagree with my good tory community service so that they can re- ice connected compensation benefits and pen- friend from New York on the pain of main in public housing amounts to nothing sions, and major construction of veterans' fa- those living in public housing. Might I less than slavery. This mandate would thrust cilities. I love our veterans, and I am glad that say that although there are some this country back into the dark ages of slavery the Congress remains vigilant in taking care of points of this bill that I certainly ap- by encouraging forced labor of individuals who those who have served our country through preciate in this appropriations bill and are down on their luck. military service. agree with, but I do want to acknowl- However, I am very relieved that as part of Lastly, I am very pleased that the funding edge that there are hardworking Amer- a deal with the Clinton Administration, we now for Covenant House has been added to the icans in public housing, those who have 50,000 new vouchers for Section 8 hous- bill and $300,000 for the city of Houston. Cov- want to live at a higher level, and I am ing residents. In the city of Houston, there are enant House Texas, located in Houston, is a concerned that some of these elements approximately 10,000 families living on Sec- non-profit agency which provides shelter and may not do that. Frankly, I think the tion 8 assistance and approximately 15,000 comprehensive service to homeless and run- forced volunteerism certainly begs a families on the waiting list for Section 8 assist- away youths under the age of 21. There is a lot of concern about putting something ance. These additional vouchers in this bill are tremendous need for these programs in on one group of people because they sorely needed to provide housing assistance Texas, to serve at risk, young people who happen to be in public housing. to Americans with low incomes. This definitely have had little in their lives in the way of basic I do applaud the fact of the reinstate- makes this bill a lot more viable, especially for education, career training, and independent ment of the 1937 act which allows pub- the Members who represent large urban areas living education. I thank both the chairman, lic housing residents to be hired. It is where these needs are vast. Mr. LEWIS, and the ranking member, Mr. important, however, that we look to Although this bill continues our current trend STOKES, and to all of the conferees for ensur- improve their working and living con- of reducing NASA funding, I do appreciate the ing that this much needed program was in- ditions. I am glad, however, of the $283 appropriations provided for this very important cluded in the Conference Report. million for 50,000 new Section 8 vouch- and very vital agency. By funding NASA at Mr. STOKES. Mr. Speaker, I yield 2 ers. I encourage our community, the $13.7 billion, we will continue to viability of minutes to the gentleman from Califor- City of Houston, to use those vouchers. several important minority and gender-oriented nia (Mr. WAXMAN), the distinguished We have 10,000 families living on Sec- programs. Also, $55,900,000 is tagged to fund ranking member of the Committee on tion 8. minority research and education programs, Government Reform and Oversight. I also am glad that NASA is funded $10,000,000 above the requested amount. Mr. WAXMAN. Mr. Speaker, I thank and particularly the Space Station. I Such appropriations are necessary and will in- the gentleman for yielding time. think it is extremely important that sure the successful development of minorities When the VA–HUD appropriations we have continued research in support and women in the fields of science and engi- bill was passed by the House in July, it of the Space Station, the money tagged neering. contained numerous provisions in the for minority research and education The Appropriations Committee graciously accompanying report that were in- programs, and I am delighted that we raised the level of funding for other space-re- tended to interfere with the implemen- are moving in that direction. lated programs. For instance, the funding for tation of our environmental laws. In The National Science Foundation the Near-Earth-Asteroid budget was increased the legislation now before us, I see that also will continue to be able to do its by $1,600,000. It is equally important that grat- the conferees have improved most of research and work extensively on er funds are provided for the Mars 2001 pro- these anti-environmental riders. How- teaching our children math and science gram, and the Life and Microgravity Science ever, there is still some potentially and helping those teachers who need Department. damaging language in the bill and I professional development. I also thank the Committee for providing want to mention some of these specific For once we have recognized the funding for the National Science Foundation provisions. value of the AmeriCorps Service. I (NSF). We should always strive to continue The report urges EPA to start over in thank the gentleman from Ohio and advances in scientific research and develop- their efforts to clean up air pollution the House committee and this con- ment. The Committee has funded the NSF at in our national parks. I understand this ference committee for understanding $3.4 billion. Although the levels is $146 million language was included by the Repub- that young people are out there work- below the Administration's request, it is good licans at the request of coal-burning ing to improve the lives of Americans. that we continue to support this significant utilities in Colorado. AmeriCorps has been finally funded so Foundation. More specifically, appropriations In the mid 1970s, there was growing that those young people can go to col- for necessary upgrades and overhauls of im- public concern regarding air pollution lege and help child care. portant research and regulatory equipment are clouding the beautiful vistas of our na- Lastly, Mr. Speaker, I say thank you continued. Other provisions aptly address the tional parks. As a result, Congress di- for the veterans’ support and thank NSF educational budget, which assists K±12 rected EPA to address the problem in H9620 CONGRESSIONAL RECORD — HOUSE October 6, 1998 the Clean Air Act Amendments of 1977. ities to existing circumstances in pub- known them since I was a child. Aunt After a stalled effort, the program was lic housing that we witnessed earlier in Jay and certainly Judge Stokes, and improved and strengthened in 1990. Un- the process. Chuck and Shelley and Lorie are like fortunately, just as this program was When I look at my congressional dis- cousins. He will be missed not only by finally beginning to be implemented, trict in Chicago, where only 18 percent those of us in this House but those the program was stalled for 9 years by of the residents of Dearborn Homes are throughout this Nation. He is one that an anti-environmental rider attached employed, where only 9 percent of the has provided me with great counsel and to this year’s highway bill. The lan- residents of Robert Taylor A are work- advice since being in the Congress and guage in the VA–HUD appropriations ing; where only 9 percent of the resi- just on a very personal note, I want to bill now adds insult to injury by urging dents of Stateway Gardens are work- say to my friend and uncle and father EPA to start over and not encourage ing, there is clearly a need for job figure Mr. LOU STOKES, thank you for the States to even plan or think about training. I believe that this is where we what you have meant to me, thank you addressing this serious issue. need to direct our focus. This is a most for what you have meant to this Con- There is language in this bill which is welcome undertaking and is proof posi- gress and thank you for what you have intended to prevent the reduction of tive of the type of agreements this meant to this Nation. You are indeed a mercury emissions from power plants body can reach. I thank the conferees true patriot and you will be missed. until after the turn of the century. for an outstanding piece of work. Mr. LEWIS of California. Mr. Speak- There is language which is intended to Mr. STOKES. Mr. Speaker, I yield 1 er, I yield 1 minute to the gentlewoman slant implementation of our pesticide minute to the gentlewoman from Flor- from New Jersey (Mrs. ROUKEMA). safety laws in favor of pesticide chemi- ida (Mrs. MEEK), a hardworking and (Mrs. ROUKEMA asked and was cal companies at the risk of public very dedicated member of the VA-HUD given permission to revise and extend health. Additionally, there is language subcommittee. her remarks.) designed to interfere with the dredging Mrs. MEEK of Florida. Mr. Speaker, I Mrs. ROUKEMA. Mr. Speaker, I of PCB contaminated sediments in our thank our leader LOU STOKES who is re- know there have been wonderful acco- rivers and our lakes. tiring from Congress. I thank Chair- lades given to the chairman and other Mr. Speaker, I am somewhat com- man LEWIS. The two of them have what members of the committee, the rank- forted by the chairman’s past assur- I have always described as a dynamic ing member, and I want to join in that. ances that this is all report language duo. With the fact that they work so I particularly want to commend the and is not binding on the agency. How- well together as a member of that con- gentleman from New York (Mr. LAZIO) ever, it is now up to Carol Browner, the ference committee, the work was some- and the public housing provisions in Administrator of the EPA, to take the times strenuous and caused us to have this bill. Having been a member of the chairman at his word and to deal with to make hard decisions, but they were Banking Committee for a good number or to ignore some of these harmful pro- good decisions. of years and the ranking member on visions. I am pleased that the bill be- At first I was a little bit dissatisfied the Subcommittee on Housing, I know fore us is better than the one we passed with H.R. 2, but after the many com- what a giant step of reform this is. I through the House. I wanted to put in promises that were made, particularly want to commend them. But I espe- the RECORD some of my concerns. those compromises that had to do with cially want to reference the fact that Mr. LEWIS of California. Mr. Speak- additional Section 8, also additional the money was put in to deal with the er, I yield myself such time as I may public service for the people who are in veterans’ needs in States like New Jer- consume just by way of a brief reac- such distressed conditions, I want to sey and other States. After all, when tion. I could not help but pay close at- give my full support to this conference our veterans served, they did not serve tention to the comments of the gen- report and hoping that the volunteer- one region of the country or another. tleman from California, for he was ex- ism that perhaps is forced on some of They served all Americans. pressing concern about report language the residents will cause them to make I just want to congratulate the com- in the bill, and we have discussed this this a virtue and work this into what mittee for doing what is fair and right before. He knows the relative impact of they will give to society. for all the veterans no matter what report language. But what he may not Mr. STOKES. Mr. Speaker, I yield 1 States they live in, and particularly for know is that for the riders he is really minute to the distinguished gentleman our veterans’ hospitals in New Jersey. concerned about, we had serious discus- from Tennessee (Mr. FORD). Mr. Speaker, I rise today in strong support sions and negotiations and work with Mr. FORD. Mr. Speaker, I rise in sup- of the Conference Report for H.R. 4194, the the Senator from West Virginia (Mr. port of the conference report and to VA, HUD Appropriations Act for FY 1999. This BYRD) who was the key player involved pay tribute to the leadership of this is a very good Conference Report with many in all of this and want to make sure we giant LOU STOKES, this gentleman and strong aspects. understand that he is a Democrat, that giant. The gentleman from Ohio de- Public Housing.ÐThis Conference Report we recall that. serves special praise for helping to includes H.R. 2, the Public Housing bill. I want Mr. Speaker, I reserve the balance of produce today what will be his final to commend Chairman LAZIO for his strong my time. VA-HUD appropriations bill. He was leadership on this effort. Mr. STOKES. Mr. Speaker, I yield 1 able to work with both the administra- Our public housing programs have been a minute to the distinguished gentleman tion and his very able and amiable failure. For years I served as the Ranking Mi- from Illinois (Mr. DAVIS). friend and chairman of the committee nority Member on the Banking Housing Sub- Mr. DAVIS of Illinois. Mr. Speaker, I the gentleman from California to committee. While we made repeated attempts rise to commend the conferees, espe- produce and craft a bill that includes a to address the waste, fraud and abuse inher- cially the gentleman from California landmark housing reform package that ent to our public housing system, this is the (Mr. LEWIS), the gentleman from Ohio provides opportunities, responsibil- first time we have had a comprehensive plan (Mr. STOKES), the gentleman from Mas- ities, is less onerous and gives more au- offering effective solutions. sachusetts (Mr. KENNEDY) and the gen- tonomy to local public housing au- We have made great strides in reforming tleman from New York (Mr. LAZIO) for thorities. our welfare system in an effort to give people the outstanding work that they did on The gentleman from Ohio is leaving a the hand up they need rather than a hand out. the housing report. Gone are the great legacy to this Congress. He has With the passage of this Conference Report, heavy-handed provisions that would done so much to honor our veterans, to we move a step closer to completing the job have mandated community service for improve the lives of millions of Ameri- of reforming our welfare system. These re- unemployed residents of public hous- cans by expanding affordable housing, forms are real and help people by giving pub- ing. In its place this bill requires either cleaning up our environment and ad- lic housing families the tools they need to 8 hours of community service or 8 vancing medical research in my dis- achieve financial independence. hours a month of participation in an trict and districts around the Nation. Ramapo.ÐIn addition, I would like to thank economic self-sufficiency program. On a personal note, Mr. STOKES and the Chairman for his hard work and dedica- This is real problem-solving without Mr. CLAY and Mr. Dellums and Mr. tion. I would like to thank him and the Commit- the insensitive and stoic responsibil- RANGEL are like fathers to me. I have tee for including a grant to Ramapo College. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9621 This grant will help to offset the cost of con- gentleman from Minnesota (Mr. amendments to PHDEP to assure that this structing a Center for the Performing and Vis- VENTO). program, already effective in many cities ual Arts that will serve all the people of north- (Mr. VENTO asked and was given across the country, can be improved to in- ern New Jersey. permission to revise and extend his re- clude the eradication of drug-related and vio- Moderate Rehabilitation.ÐI would also like marks.) lent crimes, primarily in and around public to thank the Chairman and the Committee for Mr. VENTO. Mr. Speaker, I rise in housing buildings with severe crime problems. including language on Moderate Rehabilitation support of the conference report. While not entirely including my COMPAC pro- contracts. Moderate Rehabilitation properties Mr. Speaker, I rise in support of the Con- visions that were in the House-passed bill, are vital neighborhood assets in many lower ference Agreement on H.R. 4194, the VA, these changes will link community policing ef- income communities that hold neighborhoods HUD and Independent Agencies Appropria- forts and local anti-crime efforts with public together. tions for FY 1999. and assisted housing security and crime re- Veterans.ÐBut, I would like to take the rest Overall, I am supportive of the funding lev- duction initiatives. I am concerned, however, of my time to speak on an issue that is vital els for the Veterans programs and for the De- that in lieu of an actual formula for distribution to the veterans of New Jersey and the North- partment of Housing and Urban Development. of the crime and drug elimination program east. This Conference Report contains lan- I have concerns about the wisdom of limiting funds to PHAs that apply and demonstrate se- guage that urges the Veterans Administration the implementation of the Kyoto global warm- curity and crime reduction needs, there is only to provide for a one time credit of $20 million ing treaty in the manner prescribed. It is short a preference for PHAs that have previously re- to the Veterans Integrated Service Network sighted to ignore the facts that are building on ceived funds under PHDEP with a small, un- (VISN) Three, which serves veterans of New global warming and it is more short sighted for defined ``set-aside'' of funds for a ``class of Jersey and the Northeast. This language is the United States not to be taking a lead role public housing agencies that have urgent or right and fair. The veterans served their coun- in the international community on these efforts serious crime problems.'' I believe the latter is try, and there should be no difference on their to control greenhouse gases. So, although this an attempt to assure medium- to small-sized care and treatment according to state or re- bill has been tempered from what was in the PHAs have an opportunity to receive funds gional locations. This Conference report puts House bill it is still overreaching. It is also re- even if they have not to date, and thus would the money back and brought equity for all our grettable that this bill contains hundreds of mil- not be subject to the preference for funds over veterans. lions of dollars of earmarks among housing the next four years. I would also hope that ei- A General Accounting Office (GAO) study and environmental programs, continuing a ther in developing the preferenced set of revealed that the Network 3 returned $20 mil- usual pattern for this bill that I find less than PHAs and the special class of PHAs, that lion for the Fiscal Year 1997 budget to the appealing, with the limited funds available, the HUD will fairly allocate these funds across the Veterans Administration national offices in report picks winners and losers for such funds country to PHAs like St. Paul that have re- ceived funding in the past, and to others that Washington. According to the GAO, the Net- based on nonobjective criteria. work 3 Director found ``no prudent use'' for There is always too much to say about ap- have needs that have not received PHDEP these funds. propriations bills that cover the whole range of monies. Thankfully, the agreement does not create At the same time this money was returned issues and programs that we have before us. the ill-advised Housing Accreditation Board to Washington, my office had numerous com- That task has been multiplied by the inclusion plaints from the East Orange and Lyons facili- that the House bill was to have foisted upon of the authorizing legislation, H.R. 2, which the system, regardless of whether it is nec- ties. Most recently, a patient at Lyons Veter- has many provisions that I have worked on ans Affairs Medical Center, which mainly essary. The creation of a commission to study over the past few Congresses. serves psychiatric patients, was found dead the effectiveness of current public housing I do support the agreement brought together performance assessment is a much better out- after wandering off site unsupervised. He was in this bill on H.R. 2. Because I have not had missing for three days and found only 150 feet come and should be more useful and cost ef- adequate time to study the nuances of all the fective in the long-run than super-imposing a from the Hospital's administration building. It is language, I cannot unequivocally endorse the also interesting to note that due to funding re- new government bureaucracy. entire product. I remain concerned about the straints, New Jersey's VA hospitals have elimi- As the work of the appropriators, I wish to community work requirements and the inclu- nated over 240 jobs. It is obvious to me that thank and commend the Conferees for includ- sion of the Home Rule Flexible Grants Dem- the $20 million could have been spent in many ing some relief, though not all that we hoped onstration program in the agreement and have prudent ways. for, on the matter of tenant notification of the The crisis facing our veterans, brought some concerns about the potential negative prepayment of a mortgage on the apartment about by implementation of the VA's new effect of public housing operating subsidy and building in which they live. As Members may funding formula known as Veterans Equitable modernization formulas that are as of yet, not recall, I offered an amendment to provide for Resource Allocation (VERA), has negatively created and therefore, untested. The final pro- 12-month of notice to affected tenants based impacted funding of veterans' health care in visions are limited in scope and time and at- on a Senate amendment accepted in the VA± New Jersey and the northeastern United tempts to avoid duplication with other Federal HUD bill. However, the amendment was out of States. New Jersey and the Northeast will lose requirements. order at that time as it was legislating on an millions of dollars over the next several years. Nonetheless, I must praise those who came appropriations bill. Thankfully, we are over that To save money, the VA has cut back on nu- to this agreement for moderating the House hurdle by a long shot in this bill with extensive merous services for veterans and instituted bill which was extreme in its so-called reforms. authorization to say the least. Since then, I various managed care procedures that have From not repealing the 1937 Housing Act to have been working with my Minnesota col- the impact of destroying the quality of care the providing much better targeting of scarce league from St. Paul's sister city, Minneapolis, veterans receive. For instance, the VA has re- housing resources to the very poor, this to ensure that tenants, state and local govern- duced the amount of treatment offered to agreement is a significant improvement and a ments, and advocates have advance knowl- those who suffer from Post Traumatic Stress reasonable compromise. The inclusion of this edge of prepayment, in part to enable them to Disorder (PTSD) and reduced the number of agreement today shows that Public Housing the degree it is possible, to preserve the exist- medical personnel at various health centers. Authorities (PHAs) can be given flexibility with- ing assisted housing. Without Preservation As a result of these cutbacks on top of the out destroying the underlying protections for funding requests from the Administration and $20 million give away, there has been an ero- those in need of housing assistance: the without the appropriations of funds for preser- sion of confidence between veterans and the Brooke amendment which limits families' rent vation, the real heavy lifting to keep affordable VA. This erosion threatens to destroy the sol- contributions, and targeting of 75 percent of housing units isn't likely to be possible. I hope emn commitment that this nation made to its Section 8 assistance vouchers and 40 percent this policy path will change in the future. Until veterans when they were called to duty. of public housing units to the very poor. then, this notice is a small step forward to give This credit of the $20 million will help to re- I am pleased that some form of the changes tenants in states like Minnesota which has de- store the confidence of our veterans in the VA. I had worked on for several years in Housing veloped its own funding program for preserva- I call on the Secretary of the VA to act imme- Authorization bills in the past three Con- tion the opporutnity to preserve a few build- diately on the Committee's direction after this gresses have been included in the agreement. ings. I will continue to work to see that the bill is signed into law. In particular, I refer to the expansion of the federal government pulls its share of the I thank the Chairman and urge adoption of Public Housing Drug Elimination Program weight on preservation and provides adequate this Conference Report. (PHDEP) to a more comprehensive crime ori- funding by whatever means are available so Mr. STOKES. Mr. Speaker, I yield ented program which had been called that it is a true partner to the states and our such time as he may consume to the COMPAC. Section 586 of the bill does make citizens in this endeavor. H9622 CONGRESSIONAL RECORD — HOUSE October 6, 1998 I am also very pleased that the Conference been tempered in many ways from the House- in support of veterans and veterans agreement has included an increase of the passed VA, HUD, and Independent Agencies programs, the conferees on the VA– FHA loan limits: an increase in the floor to appropriations bill that I could not support HUD appropriations measure have, I 48% of the Freddie/Fannie conforming loan when it was considered earlier this year. would say discreetly, my staff wants limit that is almost as much as the 50% of the Hopefully, we will see this kind of balanced me to say secretly, agreed to rename conforming loan amendment that I had offered and fair compromising as we continue to wrap the Cleveland VA Medical Center at successfully in the 1994 housing bill that died up the appropriations bills this Congress, in Wade Park as the Louis Stokes Cleve- in the other body, and, an increase to the week ahead and beyond. land Department of Veterans Affairs $197,620 for the FHA ceiling that will help Mr. STOKES. Mr. Speaker, I yield Medical Center. many middle income and first time home buy- myself the balance of my time. Mr. Speaker, I believe that all Mem- ers in high cost areas. Both of these increases Mr. Speaker, this is a good bill. It bers will agree that it is both fitting should be helpful to keep this program rel- has been a tough bill to craft. This bill and proper to name the Cleveland Med- evant in the market place and making it more is always a very tough bill to craft. ical Center for our friend and colleague responsive to the actual cost of building and Thanks to the leadership of the gen- LOUIS STOKES. buying a home in large and small, rural and tleman from California, we have craft- Mr. FAZIO of California. Mr. Speaker, I rise suburban, urban and ex-urban real estate ed a bill that I can commend to all of in support of the conference agreement. I es- markets across the country. The five years the Members as being a good bill. pecially want to congratulate the gentleman delay in responding to the changes in the mar- In closing, I want to take once again from California, Chairman LEWIS, and the gen- ket speak to a need for autonomy for the FHA, just a moment to say, we could not tleman from Ohio, Mr. STOKES, the ranking administration so that the program is not hob- bring a better bill to the floor than this member, for their evenhanded bipartisan work bled by political limits. It is good to note, as bill, the last bill on which I will be the in putting together this difficult piece of legisla- well, the permanent authorization of the popu- ranking member of the committee. tion. The bill has broad support from both parties lar and proven FHA HECM program, better JERRY, I want you to know, I am and in both Chambers. In numerous ways this known as the Reverse Mortgage program for proud of this bill, I am proud of my as- conference report addresses our nation's criti- Seniors. sociation, of my friendship with you. It I do note that the Conference Agreement has been a great honor to serve with cal priorities and gives support to areas in provides almost a billion dollars, or $975 mil- you. I am very proud to commend this need. This bill includes funding for the con- struction of a Greater Sacramento Urban lion, for homeless assistance, thirty percent of bill to all the Members of the House. League office on Marysville Boulevard in Del which is targeted to permanent housing assist- Mr. Speaker, I yield back the balance Paso Heights, California. This project will sym- ance. While I am pleased with that funding of my time. bolize the renewal of hope and revitalization of level for the HUD McKinney programs, I do re- Mr. LEWIS of California. Mr. Speak- one of northern California's most depressed gretfully note that the FEMA Emergency Food er, I yield myself such time as I may areas. and Shelter Grant program has remained level consume. By way of closing the discus- sion on this bill, I first want to take a According to the Sacramento Housing and funded at $100 million and would point out Redevelopment Agency (SHRA), the area that the matching requirements have been di- moment myself to express the same level of appreciation and respect to our where this project will be suffers from an un- luted. Hopefully those who receive such funds employment rate of 22% and a per capita in- will maintain their current efforts. very fine staff that was expressed by my colleague LOUIS STOKES earlier: come of only $5,551. Del Paso Heights is ex- The Appropriations Conferees should be tremely economically depressed and suffers praised as well for the 50,000 incremental, or Frank Cushing and Del Davis, Paul Thompson and David Reich, Valerie from a decaying infrastructure. The SHRA has new, vouchers that this bill providing funding also found that 31% of the residents receive for. Democrats in the House have long been Baldwin, Fredette West; Jeff Shockey of my personal staff and Alex Heslop AFDC and 40% live below the poverty line. fighting for additional section 8 assistance, so This earmark to help move the Greater Sac- who have helped so extensively with it is indeed a good bill that can bring those ramento Urban League offices to this area can this work. Tim Peterson and Dena new Section 8 vouchers to fruition. I would help turn these numbers around. Last year Baron. And, of course, LOUIS, Arlene only note that I am a little concerned that alone, 100 young people earned their G.E.D. Willis had something to do with all many of those vouchers are earmarked for from their Project SUCCESS program. 150 this. certain cities in a way that may not be what people graduated from their office technology An item that may or may not be is reflected by actual need for the vouchers. program and 25 students earned certification known by the gentleman from Ohio be- Furthermore, the one-year commitment for the as nursing assistants/health aides. Over 2,700 cause in this world that we work in, redefined vouchers continues to snowball into people have learned about HIV/AIDS preven- there are no secrets, but you never can a larger commitment each year. Without a tion and personal responsibility. They have multiyear commitment the public and assisted tell, we might have preserved one. Mr. also helped over 1,000 people develop job housing sponsors have no clear long term pol- Speaker, there is one matter that I do readiness skills and placed 300 people in jobs. icy from the Federal Government. want to bring to the House’s attention. I was also pleased to find that funding was I would be remiss not to note the inclusion It concerns my good friend LOUIS made available for the new City of Citrus of $426 million of funding for the AmeriCorp STOKES. For 24 years, the gentleman Heights, California. These needed funds will program and $80 million for the Community from Ohio has served on this sub- go towards the transitional costs that are as- Development Financial Institutions Fund, two committee, what is now called the VA, sociated when an area of this size becomes Administration programs of which I am very HUD and Independent Agencies appro- its own city. supportive. As a supporter of the effective priations subcommittee, first as a In particular, these funds will be used for the Neighborhood Reinvestment Corporation and member and then as chairman. While continuation of the efforts of Citrus Heights to its Neighborhood Housing Services, I am he is now ranking member, he will al- address and mitigate long term solutions to pleased at the $90 million allocation of which ways be my chairman. the problems that are priorities to the city and $25 million could be used for a pilot home During that time, he has always been may not have been priorities to the county that ownership initative. a strong supporter of veterans, and they belonged to last year. Mr. Speaker, it has been six long years that is especially true for minority vet- The County of Sacramento also received since we have openly wrote a comprehensive erans. Among other things, LOUIS another year of funding for the Sacramento housing policy measure for our nation into law. STOKES has worked to get the VA to River Toxic Pollutant Control Program and the This product on balance is positive, but a reach out to minority veterans. He has Combined Sewer System in the EPA section weak substitute for what needs to be done our worked to get VA to increase the num- of the bill. These are vital multi-year projects nation is on the CUSP of a Housing Crisis our ber of minority employees in higher that will help ensure the health and well-being Budget priorities and the agenda doesn't ef- grades. He has worked to get the VA to of Sacramento's residents. Both projects are fectively deal with it. The Congress has been make certain that more contract funds part of Sacramento County's long-range pollut- reduced to reacting to the crisis and while this were available to minority firms. ant control plans, and I am pleased to have measure is a positive step it is not the answer LOUIS STOKES served honorably in been able to support these projects over the to the issue. the U.S. Army from 1943 to 1946. To past several years. Nevertheless, I ask my Colleagues to sup- honor and to recognize Congressman In short, this is a bill that is of benefit to my port this Conference Agreement which has STOKES’ long and distinguished career congressional district, my state and the entire October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9623 nation. I ask my colleagues to join me in sup- Mr. MORAN of Virginia. Mr. Speaker, I rise The language in the conference report gives porting it. in support of the VA, HUD and Independent the CPSC the opportunity to examine all the Mr. DOYLE. Mr. Speaker, I rise today in Agencies Appropriations bill. data and revoke, modify or retain its weak- support of H.R. 4194, the FY1999 VA/HUD/ I urge my colleagues to support this meas- ened standard without waiting for the numbers Independent Agencies Conference Report. ure and I would like to express my apprecia- of children burned to rise. While there are many parts of this bill that tion to Chairman LEWIS and Mr. STOKES for I am proud to join Congressmen WELDON I am proud to support, I am especially pleased crafting a bill that is both equitable and fair to and ANDREWS, Fire Marshalls, Chiefs, and fire that the Housing Opportunity and Responsibil- veterans, homeowners and renters and sup- safety organizations from around the country ity Act, H.R. 2, was included in this Con- porters of cleaner environment. in supporting this language and calling on the ference Report. It is never an easy task to establish the right CPSC to return to its original, protective stand- ard. This is truly a matter of life or death for Mr. Speaker, it was not too long ago that priorities and funding levels for the Veterans many children, and I appreciate the assistance the House considered and passed H.R. 2, Administration, the Environmental Protection Agency and the Department of Housing and of Chairman LEWIS, Ranking Member STOKES, which represents the first significant reform of and all of the conferees in addressing this im- public housing in several years. Among other Urban Development, but the conferees appear to have done so once again. portant issue. substantial improvements, the bill eliminates Mr. CALVERT. Mr. Speaker, first, let me many current obstacles that local housing au- I would also like to express my appreciation for the spirit of compromise that was reached thank Chairman LEWIS and Ranking Member thorities face in receiving funding. During the STOKES for their leadership in crafting this consideration of H.R. 2, I worked diligently between the Administration, the authorizing committee and the appropriations committee Conference Report. with my fellow colleague from Pennsylvania As always, my good friend from California on legislation that will substantially rewrite Representative RON KLINK to successfully in- has presented this House with a bill that will clude the text of a bill we crafted, the Commu- public housing programs. improve the livelihood of our nation's veterans, Last year the House of Representatives nity Right To Know Act, as part of H.R. 2. preserve housing programs and maintain our The Community Right to Know Act, H.R. passed H.R. 2, the Housing Opportunity and commitment to scientific excellence at NASA, 212, requires local public housing authorities Responsibility Act, by a vote of 293 to 132. the National Science Foundation, and the to notify, and consult with, potentially impacted The public housing reforms contain key ele- EPA. local governments when negotiating any set- ments of H.R. 2, but are responsive to con- We are all aware of the Chairman's dedica- tlement of, or consent decree for, significant cerns raised by the administration and many tion to a healthy environment. By authoring litigation regarding public housing assistance low income housing groups. the California Clean Air Act, Mr. LEWIS made from the Department of Housing and Urban I am especially pleased to see that all par- possible the environmental advancements our Development (HUD). Thanks to our hard work ties agreed to retain tough screening and evic- region in southern California has experienced and persistence, the House passed our bill in tion procedures that cover not just public in recent years. the form of an amendment unanimously, by housing but privately-owned publicly assisted I share his dedication to clean air and a voice vote last year. housing. healthy environment. And I stand in strong As you know, I have a personal interest in When the House considers this Conference support of the language in the Conference Re- the expedited eviction procedure. port regarding the Administration's misguided Report today, we will be requiring HUD to con- Unfortunately, it took the tragic death of Al- Kyoto Protocol. sult with local communities before they at- exandria police officer Charlie Hill before HUD I went to Kyoto last December and talked to tempt to implement any housing program. This began to explore procedures to expedite the many of the international key players there. I is especially important to my constituents in eviction of drug dealers from public housing was interested to hear from Chinese rep- Allegheny County, Pennsylvania, where they projects. The police and the community knew resentatives that they had no intention of ad- have been working hard to implement the who the drug dealers were, but every time hering to this international agreement. Sanders Consent Decree, a housing desegre- they attempted to do something, they were Because China will become the number one gation class-action lawsuit which involves stymied by the legal aid advocates. Fortu- emitter of Carbon Dioxide sometime in the HUD and the Allegheny County Housing Au- nately, Alexandria was successful and the next two decades, the treaty doesn't work. thority (ACHA). city's subsidized housing units are a far dif- I also held three hearings in my Science The Consent Decree states that HUD, ferent place to live in today. Subcommittee on Energy and the Environment ACHA, and the plaintiff's attorney's will work to The expedited eviction procedure works but before attending the conference. At those end alleged discriminatory housing policies in it needed to be strengthened further. hearings, top climatologists told us that no the County and distribute 100 public housing Today's legislation builds on past efforts by clear scientific evidence exists indicating that units throughout the County rather than con- permitting housing authorities to access crimi- there is human-induced global warming. centrating them in blighted areas. Disputes nal records for screening and evicting tenants. So, the treaty will not work and the science doesn't show that we need it. But that is not stemming from the consent decree began It also extends these useful tools to private the only reason to support the language in the early in the implementation process when owners and managers of Section 8 housing. HUD, ACHA, and the plaintiff's attorney's, as Mr. Speaker, this is a good bill, it deserves Conference Report. I also support the language because it stops members of the Sanders Task Force, decided strong bipartisan support. this Administration from implementing the to schedule closed door meetings in which the Ms. DELAURO. Mr. Speaker, I rise in sup- Kyoto Treaty without Senate ratification. If they general public was not invited. port of this conference report. I am pleased were able to do so they would be ignoring the To make matters worse, the Task Force that it increases funding for veterans health, does not include community leaders, private sanctity of the Constitution. public housing, and services for some of our If the President believes this treaty is good citizens, local officials or any Congressional most needy citizens. I remain concerned that for America, let him send it to the Senate so Representatives and has made little or no ef- under the VERA formula, Connecticut veter- it can be weighed on its merits in a full and fort to consult with citizens in developing their ans may face additional cuts in their health open debate. That is what the Constitution de- plans. As a result, the Task Force's initiatives services, and I look forward to working with mands. are often ill-advised and poorly managed. the VA and the rest of the Connecticut delega- Again, I thank Chairman LEWIS and Ranking The Klink-Doyle ``Community Right To tion to address this problem. Member STOKES for their excellent work on Know'' initiative would prohibit closed-door I am pleased that the report includes lan- this Conference Report and urge a yes vote. meetings and allow the public at-large to voice guage which directs the Consumer Product Mr. MCINTOSH. Mr. Speaker, the Kyoto their concerns, comments and make sugges- Safety Commission to revisit its flammability Protocol is a bad deal for America. In the face tions as to how to implement consent decrees, standards for children's sleepwear. of inconclusive science, this treaty goes too and other HUD programs in the best possible In 1996 the CPSC voted to weaken the far, too fast, and involves too few countries. manner. I am especially pleased that the standards for children's sleepwear which pro- The fact is that, even if we stopped operating House and Senate Conferees included this bill tect children from being burned. Those stand- every car, truck, boat, train, and airplane in in this Conference Report. ards, which had been in place for more than this country, the energy savings still would not This Conference Report is the product of a 20 years, required children's pajamas to be be enough to meet the U.S. commitments compromise between the Administration, the made from material which self-extinguishes if under the Protocol. House and the Senate. I am proud to support it catches on fire. The standards are credited Moreover, under this treaty, all of the bur- this Conference Report and urge my col- with saving tens of thousands of children from dens are imposed on the industrialized coun- leagues to vote yes on H.R. 4194. injury and death. tries, while the developing countries enjoy all H9624 CONGRESSIONAL RECORD — HOUSE October 6, 1998 the benefits. Huge emissions producers like final VA, HUD Conference Report for LOU On another issue, this report includes an in- China, India, South Korea, Brazil, and Mexico STOKES. Having served with LOU on this Sub- crease for the National Science Foundation. are totally excluded from any commitments. committee for four years I know that he will Specifically, the bill includes $3.7 billion for As a result, even if every developed country missed for his insight and knowledge of the NSF, $242 million over last years funding were to achieve its emissions reduction obliga- vast array of issues that face this Subcommit- level. This increase will go along way towards tions, there still would be not net reduction in tee each year. LOU, you have made serving moving scientific research forward. Scientific greenhouse gas emissions. on this subcommittee a educational experi- research has been a high priority of mine Without global participation, this country ence and I wish you all the best in your retire- since being named to the Appropriations Com- could well face crippling economic con- ment. mittee and I am pleased that the FY99 Con- sequences: the elimination of millions of Amer- Mr. Speaker, this conference report is a bal- ference Report continues to emphasis the im- ican jobs, significant increases in our energy anced one. It provides funding for many vital portance of basic science research. prices, and deterioration of our standard of liv- programs for our nation's veterans, for protec- Finally, there continues to be a desperate ing. Given the scientific uncertainties, we don't tion and preservation of our environment, for need for Superfund reform and change. The need a Kyoto Protocol that hamstrings our fu- meeting the housing needs for our elderly and program needs to be re-authorized and it ture and leaves this country incapable of cop- disabled and for scientific research and dis- needs to promote actual clean-ups based on covery. ing with real crises. Needless to say we can- sound science, not the rhetoric of political In total this report provides over $93 billion not countenance any Administration attempts science. Polluters need to pay and steps need for the Departments of Veteran Affairs, Hous- to make this treaty a reality before it is submit- to taken to assure that public or private funds ted to the Senate for advice and consent and ing and Urban Development and 17 independ- ent agencies and offices. Nearly half of the are used for environmental clean-up, not to before Congress can agree upon any nec- sustain endless litigation. Comprehensive re- essary implementing legislation and regula- bill's funding supports the Department of Vet- erans Affairs' efforts to provide health care, form is needed in order to continue a strong tions. viable program. The Clinton/Gore Administration has recog- housing and benefits. As a member of this subcommittee I am Mr. Speaker, this is a balanced conference nized the Protocol's deficiencies and promised pleased that this bill provides increased fund- report and it deserves our support. I urge my that it will not submit this treaty for ratification ing for the VA Health Care System. However, colleagues to adopt this conference report. until there is ``meaningful participation'' by de- I remain concerned over the way the VA has Mr. PAYNE. Mr. Speaker, I appreciate the veloping countries. Under Secretary of State chosen to implement the Veterans opportunity to rise and say a few words to my Elizenstat also has repeatedly disavowed any Integretated Network System (VISN) and in- friend and colleague, HARRIS FALWELL. In the intention of the Administration to implement tend to continue to follow this implementation short time that I have served as Ranking the Protocol before it is submitted to the Sen- very closely. Funding has increased each year Democrat on the Education and the Workforce ate. for the last three years yet some area net- Subcommittee on Employer-Employee Rela- But these assurances notwithstanding, EPA works are not seeing any increases and in fact tions, I have found him to be thoughtful in pur- has taken actions that strongly suggest that are receiving cuts in funding and services. As suit of bipartisan agreement and compromise. the Administration may be trying to jump the implementation continues, I intend to make When I first assumed the ranking position on gun on Congress and issue rules and regula- sure that the quality of care for our veterans that Subcommittee, HARRIS extended himself tions through the back-door. Take for exam- continue at a very high level. to me as a gesture of his trademark comity ple, EPA's attempt to cap carbon emissions in During subcommittee mark-up I offered re- and friendship. Although we come from ideo- the Administration's electric utility restructuring port language, accepted by the Conference logically different perspectives, I appreciated plan. An internal Agency memorandum that Committee, which would require the Veterans the fact that he was open to debate and dis- was provided to my Subcommittee revealed Administration to give back $20 million to cussion on many issues. In fact, he encour- that EPA saw this proposal as a ``concrete VISN 3. These funds were wrongly given back aged it. step to move forward domestically on global to the VA Headquarters any my report lan- One of the most rewarding experiences I warming while continuing to work for progress guage will rectify this situation. There is no had while working with Chairman FAWELL was internationally in follow-up to Kyoto.'' doubt that VISN 3 can use this funding and I when we collaborated to introduce the Savings In a hearing before my Subcommittee, an will continue to monitor this situation to see Are Vital to Everyone's Retirement (SAVER) EPA official also testified that the agency has that the VA uses this funding to provide serv- Act, which was enacted into law last Decem- the authority to regulate the carbon dioxide ices to my state's veterans and does not divert ber. He solicited and encouraged input from that we exhale every day as an air pollutant this funding for administrative needs. all of our colleagues with an interest in this under the Clean Air Act, as if it were the same In addition to veterans funding, H.R. 4194 issue. As a result of the bipartisan participa- as other air pollutants, such as sulfur dioxide, provides funding for the Section 811 program, tion, this effort was successful in creating a nitrogen oxide, or mercury, that are already housing for people with disabilities, at $194 number of initiatives, both public and private, regulated. million, $20 million more than the President re- We have to pass the bipartisan funding limi- aimed at increasing public awareness about quested and the Section 202 program, hous- the importance of preparing for retirement. tation in H.R. 4194 to put the breaks on back- ing for older Americans, at $660 million, $501 door regulatory actions. We cannot allow EPA This project culminated in the first White million more than the President's request. House Summit on Retirement Savings. to make an end-run around fundamental Both of these programs are working extremely Because of his leadership and legislative democratic procedures to advance the Admin- well at the Department of Housing and Urban achievements, he served the 13th Congres- istration's social engineering. Development and I am pleased that the Com- sional District of Illinois with distinction. I wish The Kyoto Protocol is a fundamentally mittee provided increased funding for them. flawed treaty. Our only safeguard against this The conference report also continues a set- Chairman FAWELL continued success in his bad deal is our constitutional process of Sen- aside program that the Committee started two next endeavor and look forward to working ate advice and consent. The Clinton/Gore Ad- years ago to meet housing needs for people with him again. ministration must be held to its promises to with disabilities. The Committee has included Mr. KUCINICH. Mr. Speaker, I rise in sup- Congress and the American public, while the $40 million for tenant-based rental assistance port today for the NASA funding provided in treaty remains a ``work-in-progress,'' and while to ensure decent, safe, and affordable housing this bill. Last year at this time, there were ru- the Clinton/Gore Administration continues to in communities for low income people with dis- mors floating that NASA's proposed budget ``explore'' ways to achieve ``meaningful partici- abilities. I am also pleased that the Con- was going to be cut by $1 billion in 1999. This pation.'' This is a global issue. ``Meaningful ference Committee has included language to would have seriously damaged NASA's pro- participation'' must mean global participation direct the Secretary of HUD to use his waiver grams. Mr. WELDON and I rallied support for by all countries. We will settle for nothing less. authority to allow non-profit organizations to NASA. 201 Members of Congress signed a Mr. FRELINGHUYSEN. Mr. Speaker, I rise apply directly for these funds instead of letter to the Speaker arguing for stabilization in support of this conference report and ask through a Public Housing Authority. It is my of NASA's budget. The $1 billion dollar cut unanimous consent to revise and extend my belief that this change will provide better ac- was avoided in the President's budget as a re- remarks. cess to housing for more individuals with dis- sult of the overwhelming bipartisan support Mr. Speaker, I first would like to thank abilities. I sincerely hope that Secretary which NASA enjoys in the House. Chairman LEWIS, Congressman STOKES and Cuomo and I can continue our mutual goal of Today, I am very happy to see an increase the Subcommittee staff for their guidance giving more individuals with disabilities the op- in NASA's budget to $13.7 billion. This is more throughout the year. As all of know this is the portunity to live independently. than the President's request and more than October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9625 the House and Senate in the VA±HUD Con- Hall (TX) McCarthy (MO) Ryun b 1334 Hamilton McCarthy (NY) Sabo ference Report. NASA is a government agen- Hansen McCollum Salmon Mr. LARGENT changed his vote from cy that looks to the future. For every dollar we Harman McCrery Sanchez ‘‘nay’’ to ‘‘yea.’’ invest in the space program, we receive a re- Hastert McDade Sanders So the conference report was agreed turn of at least $2 in direct and indirect bene- Hastings (FL) McDermott Sandlin Hastings (WA) McGovern Sawyer to. fits. With the International Space Station pro- Hayworth McHugh Saxton The result of the vote was announced gram close to launch and assembly, it is cru- Hefley McInnis Schaefer, Dan as above recorded. cial that NASA receives no further cuts. I am Hefner McIntosh Schumer Herger McIntyre Scott A motion to reconsider was laid on especially pleased to see that more money is Hill McKeon Serrano the table. included for aeronautics research and for life Hilleary McKinney Sessions f and microgravity sciences, research areas at Hilliard McNulty Shadegg NASA Lewis Research Center in my district. Hinchey Meehan Shaw PERSONAL EXPLANATION Hinojosa Meek (FL) Shays NASA Lewis is NASA's Lead Center for Hobson Meeks (NY) Sherman Mr. BROWN of California. Mr. Speaker, dur- Aeropropulsion and also a NASA Center for Hoekstra Menendez Shimkus ing rollcall vote No. 483 on H.R. 4194 I was Excellence in Turbomachinery. Microgravity Holden Metcalf Shuster Hooley Mica Sisisky unavoidably detained. Had I been present, I research in combustion and fluids is also per- Horn Millender- Skaggs would have voted ``aye.'' formed at Lewis. Houghton McDonald Skeen f Mr. LEWIS of California. Mr. Speak- Hoyer Miller (CA) Skelton er, I yield back the balance of my time, Hulshof Miller (FL) Slaughter PERSONAL EXPLANATION Hunter Minge Smith (MI) as I congratulate LOUIS STOKES on his Hutchinson Mink Smith (NJ) Mr. MORAN of Virginia. Mr. Speaker, during fantastic career. Hyde Moakley Smith (OR) rollcall vote No. 483 on October 6, 1998 I was Inglis Mollohan Smith (TX) unavoidably detained. Had I been present, I b Istook Moran (KS) Smith, Adam 1315 Jackson (IL) Morella Smith, Linda would have voted ``aye.'' The SPEAKER pro tempore (Mr. Jackson-Lee Murtha Snowbarger f (TX) Myrick Snyder BLUNT). All time having expired, with- Jefferson Nadler Solomon APPOINTMENT OF CONFEREES ON out objection, the previous question is Jenkins Neal Souder H.R. 4276, DEPARTMENTS OF ordered on the conference report. John Nethercutt Spence COMMERCE, JUSTICE, AND There was no objection. Johnson (CT) Neumann Spratt Johnson (WI) Ney Stabenow STATE, THE JUDICIARY, AND RE- The SPEAKER pro tempore. The Johnson, E. B. Northup Stark LATED AGENCIES APPROPRIA- question is on the conference report. Johnson, Sam Norwood Stearns TIONS ACT, 1999 Pursuant to clause 7, rule XV, the Jones Nussle Stenholm Kanjorski Oberstar Stokes Mr. ROGERS. Mr. Speaker, I ask yeas and nays are ordered. Kaptur Obey Strickland The vote was taken by electronic de- Kasich Olver Stump unanimous consent to take from the vice, and there were—yeas 409, nays 14, Kelly Ortiz Stupak Speaker’s table the bill (H.R. 4276) not voting 11, as follows: Kennedy (MA) Owens Sununu making appropriations for the Depart- Kennedy (RI) Oxley Talent [Roll No. 483] Kildee Packard Tanner ments of Commerce, Justice, and YEAS—409 Kilpatrick Pallone Tauscher State, the Judiciary, and related agen- Kim Pappas Tauzin cies for the fiscal year ending Septem- Abercrombie Calvert Dreier Kind (WI) Parker Taylor (MS) ber 30, 1999, and for other purposes, Ackerman Camp Duncan King (NY) Pascrell Taylor (NC) Aderholt Campbell Dunn Kingston Pastor Thomas with a Senate amendment thereto, dis- Allen Canady Edwards Kleczka Paxon Thompson agree to the Senate amendment, and Andrews Cannon Ehlers Klink Payne Thornberry agree to the conference asked by the Archer Capps Ehrlich Klug Pease Thune Armey Cardin Emerson Knollenberg Pelosi Thurman Senate. Bachus Carson Engel Kolbe Peterson (MN) Tiahrt The SPEAKER pro tempore (Mr. Baesler Castle Ensign Kucinich Peterson (PA) Tierney BLUNT). Is there objection to the re- Baker Chabot Eshoo LaFalce Pickering Towns quest of the gentleman from Ken- Baldacci Chambliss Etheridge LaHood Pickett Traficant Ballenger Chenoweth Evans Lampson Pitts Turner tucky? Barcia Christensen Everett Lantos Pombo Upton There was no objection. Barr Clay Ewing Largent Pomeroy Vento MOTION TO INSTRUCT OFFERED BY MR. Barrett (NE) Clayton Farr Latham Porter Visclosky Barrett (WI) Clement Fattah LaTourette Portman Walsh MOLLOHAN Bartlett Clyburn Fazio Lazio Price (NC) Wamp Mr. MOLLOHAN. Mr. Speaker, I offer Barton Coble Filner Leach Quinn Waters a motion to instruct. Bass Coburn Foley Lee Radanovich Watkins Bateman Collins Forbes Levin Rahall Watt (NC) The Clerk read as follows: Becerra Combest Ford Lewis (CA) Ramstad Watts (OK) Mr. MOLLOHAN moves that the managers on Bentsen Condit Fossella Lewis (GA) Rangel Waxman the part of the House at the conference on Bereuter Cook Fowler Lewis (KY) Redmond Weldon (FL) Berman Cooksey Fox the disagreeing votes of the two Houses on Livingston Regula Weldon (PA) the bill, H.R. 4276 making appropriations for Berry Costello Frank (MA) LoBiondo Reyes Weller Bilbray Cox Franks (NJ) Lofgren Riley Wexler the Departments of Commerce, Justice, Bilirakis Coyne Frelinghuysen Lowey Rivers Weygand State, the Judiciary, and related agencies, be Bishop Cramer Frost Lucas Rodriguez White instructed to not concur in any Senate legis- Blagojevich Crapo Furse Luther Rogan Whitfield lative provisions or any extraneous legisla- Bliley Cubin Gallegly Maloney (CT) Rogers Wicker tive provisions, which are outside the scope Blumenauer Cummings Ganske Maloney (NY) Rohrabacher Wise Blunt Cunningham Gejdenson of Conference, which could have the effect of Manton Ros-Lehtinen Wolf causing a Government shutdown. Boehlert Danner Gekas Manzullo Rothman Woolsey Boehner Davis (FL) Gephardt Markey Roukema Wynn The SPEAKER pro tempore. The gen- Bonilla Davis (IL) Gibbons Martinez Roybal-Allard Yates tleman from West Virginia (Mr. MOL- Bonior Davis (VA) Gilchrest Mascara Royce Young (AK) LOHAN Bono Deal Gillmor Matsui Rush Young (FL) ) and the gentleman from Ken- Borski DeGette Gilman tucky (Mr. ROGERS) each will control Boswell Delahunt Gonzalez NAYS—14 30 minutes. Boucher DeLauro Goode Boyd DeLay Goodlatte Conyers Lipinski Scarborough The Chair recognizes the gentleman Brady (PA) Deutsch Goodling Crane Paul Schaffer, Bob from West Virginia (Mr. MOLLOHAN). Brady (TX) Diaz-Balart Gordon DeFazio Petri Sensenbrenner Mr. MOLLOHAN. Mr. Speaker, I Brown (FL) Dickey Goss English Roemer Velazquez Brown (OH) Dicks Graham Hostettler Sanford yield myself such time as I may con- Bryant Dingell Granger sume. NOT VOTING—11 Bunning Dixon Green Mr. Speaker, I have made the motion Burr Doggett Greenwood Brown (CA) McHale Riggs to instruct conferees on the Commerce, Burton Dooley Gutierrez Fawell Moran (VA) Torres Buyer Doolittle Gutknecht Kennelly Poshard Wilson Justice, State appropriations bill. In Callahan Doyle Hall (OH) Linder Pryce (OH) order to make clear that on one this H9626 CONGRESSIONAL RECORD — HOUSE October 6, 1998 side of the aisle is interested in shut- side is in favor of a government shut- amendment reported in disagreement from a ting down the government and to point down, and if additional time is needed conference thereon. out that there are several major legis- to work out remaining issues, continu- SEC. 2. It shall be in order at any time be- fore October 11, 1998, for the Speaker to en- lative provisions being discussed in the ing resolutions will be proposed to as- tertain motions to suspend the rules, pro- context of the conference on this bill, sure that there is no government shut- vided that the object of any such motion is they could, if not resolved to the satis- down. announced from the floor at least two hours faction of the President, cause a gov- Mr. Speaker, with that understand- before the motion is offered. In scheduling ernment shutdown. ing, I have no objections to the motion. the consideration of legislation under this I am confident that the gentleman In fact, I would join in the making of authority, the Speaker or his designee shall consult with the Minority Leader or his des- from Kentucky (Mr. ROGERS), the most the motion and ask for an immediate ignee. capable manager of this bill, does not vote. intend in any way to cause such a shut- Mr. Speaker, I yield back the balance b 1345 down. In fact, I have heard the gen- of my time. The SPEAKER pro tempore (Mr. tleman from Louisiana (Mr. LIVING- Mr. MOLLOHAN. Mr. Speaker, I BLUNT). The gentlewoman from North STON) and members of the Republican yield back the balance of my time, and Carolina (Mrs. MYRICK) is recognized leadership in both Houses make similar I move the previous question on the for 1 hour. statements. motion to instruct. Mrs. MYRICK. Mr. Speaker, for the The purpose of taking the time of the The previous question was ordered. purposes of debate only, I yield the cus- House today is to simply point out The SPEAKER pro tempore. The tomary 30 minutes to the gentleman some of the hurdles that exist in get- question is on the motion to instruct from Massachusetts (Mr. MOAKLEY), ting this bill into signable form. offered by the gentleman from West pending which I yield myself such time The Senate bill contained major new Virginia (Mr. MOLLOHAN). as I may consume. During consider- legislation addressing numerous legis- The motion was agreed to. ation of this resolution, all time is lative issues. There are other potential A motion to reconsider was laid on yielded for the purpose of debate only. extraneous issues we have heard about the table. Mr. Speaker, yesterday the Commit- which are currently not contained in The SPEAKER pro tempore. Without tee on Rules met and reported H. Res. either the House or the Senate bills. objection, the Chair appoints the fol- 575 providing for expedited procedures It may be that necessary solutions lowing conferees: Messrs. ROGERS, in the House. The resolution waives can be found on all of these issues so KOLBE, TAYLOR of North Carolina, REG- clause 4(b) of Rule XI, requiring a two- that the President can sign this bill. ULA, LATHAM, LIVINGSTON, YOUNG of thirds vote to consider a rule on the However, in several instances, the ad- Florida, MOLLOHAN, SKAGGS, DIXON and same day it is reported from the Com- ministration has indicated its strong OBEY. mittee on Rules. opposition to these provisions and at There was no objection. The resolution applies the waiver to any special rule reported before Octo- the moment I am not aware of any di- f rect negotiations with them which ber 11, 1998, providing for a consider- could lead to a solution of these dif- GENERAL LEAVE ation or disposition of a bill or joint resolution, making general appropria- ficulties. Mr. ROGERS. Mr. Speaker, I ask I do not make this motion myself to tions for the fiscal year ending Sep- unanimous consent that all Members tember 30, 1999, any amendment there- speak for or against any of these provi- may have 5 legislative days within sions. However, I am aware of strong to, any conference report thereon, and which to revise and extend their re- any amendment reported in disagree- opposition on the Democratic side to marks on the motion to instruct, and several of these matters. I have done it ment from a conference thereon. that I may include tabular and extra- The resolution also applies a waiver to make clear that this bill already has neous material. to any special rule reported before Oc- several difficult issues, such as census The SPEAKER pro tempore. Is there tober 11, 1998, providing for consider- funding and funding for the Legal Serv- objection to the request of the gen- ation or disposition of a bill or joint ices Corporation, that will be difficult tleman from Kentucky? resolution, making continuing appro- to resolve. There was no objection. priations for the fiscal year ending The bill also funds critical law en- September 30, 1999, any amendment forcement and international security f thereto, any conference report thereon, related matters that should continue WAIVING REQUIREMENT OF and any amendment reported in dis- without the interruption inherent in a CLAUSE 4(b) OF RULE XI WITH agreement from a conference thereon. government shutdown. So let us agree RESPECT TO CONSIDERATION OF Finally, the resolution allows at any on this motion and get to conference CERTAIN RESOLUTIONS time before October 11, 1998, for the and work out our differences so that a Speaker to entertain motions to sus- government shutdown can be avoided. Mrs. MYRICK. Mr. Speaker, by direc- tion of the Committee on Rules, I call pend the rules, provided that the object Mr. Speaker, I reserve the balance of of any such motion is announced from my time. up House Resolution 575 and ask for its immediate consideration. the floor at least 2 hours before the Mr. ROGERS. Mr. Speaker, I yield motion is offered, and that in the myself such time as I may consume. The Clerk read the resolution, as fol- lows: scheduling of legislation under this au- Mr. Speaker, as I read the motion, it thority, the Speaker or his designee H. RES. 575 indicates that the conferees should not shall consult with the minority leader take certain actions outside the scope Resolved, That the requirement of clause or his designee. of the conference which could have the 4(b) of rule XI for a two-thirds vote to con- Mr. Speaker, as we all know, we are effect of causing a government shut- sider a report from the Committee on Rules on the same day it is presented to the House in the last days of the legislative ses- down. sion. House Resolution 575, short and As far as I know, no one, Mr. Speak- is waived with respect to any resolution re- ported from that committee before the legis- simple, allows the House to complete er, has the intention to take any ac- lative day of October 11, 1998, providing for its work for the year in a timely man- tion to cause a government shutdown; consideration or disposition of any of the fol- ner. certainly not on this side. We are de- lowing: House rule 27 normally limits House termined to do our dead level best to (1) A bill or joint resolution making gen- consideration of suspension bills to keep this government operating. eral appropriations for the fiscal year ending Mondays and Tuesdays. But now, in the The Congress is not going to abdicate September 30, 1999, any amendment thereto, final weeks of the session, there is no its responsibilities to legislate on be- any conference report thereon, or any reason to put off noncontroversial leg- half of the American people, but we amendment reported in disagreement from a conference thereon. islation until next year. will send bills to the President. If he (2) A bill or joint resolution that includes In addition, H. Res. 575 allows for the chooses to shut the government down, provisions making continuing appropriations same-day consideration of urgent ap- that is his business. We are not going for fiscal year 1999, any amendment thereto, propriations bills. Without congres- to precipitate that, so no one on this any conference report thereon, or any sional action, the funding for many October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9627 Federal agencies will expire on October issues, some of them having to do with Other issues of importance will be 9. While the House and Senate continue spending, some of them having to do the choice provision in the D.C. bill to negotiate spending priorities, it is with totally extraneous matters, some that allows scholarships to go to par- important that the House be able to of them having to do with tax cuts, ents here in the District of Columbia so act immediately to pass any measure which this House passed a little over a that they can afford to send their chil- that keeps the government working for week ago. Unfortunately, it appears to dren to a good school; the ban on nee- the taxpayers. me that right now, the likelihood of dle exchanges in drug programs that H. Res. 575 is a reasonable measure that bill coming out in a way that Re- this House has passed; the ban on adop- that will allow us to finish our work publicans, conservative Republicans in tions by 2 unmarried individuals for for the year on time. particular, can be proud about is very the District of Columbia. The question Mr. Speaker, I reserve the balance of nil, because the President has already of whether there will be parental noti- my time. indicated he is looking for a veto fight. fication, which this House has not yet Mr. MOAKLEY. Mr. Speaker, I thank He is hoping to veto that large spend- been able to address because we have my dear friend, the gentlewoman from ing bill, as he has indicated he will do not been able to bring the Labor-HHS North Carolina (Mrs. MYRICK) for yield- with the agriculture appropriations bill Appropriations bill to the floor, and we ing me the customary half-hour. that was passed in this House last Fri- hear rumors that perhaps that will Mr. Speaker, I yield myself such time day, simply to have more spending and never come to the floor, it will be part as I may consume. to have his priorities in the way this of this omnibus bill, presumably with- Mr. Speaker, the fiscal year started government is operated. Many of us out that parental notification provi- just 6 days ago and my Republican col- fear that that may be only part of the sion that the committee put into its leagues have not finished, have not fin- motive for why he would veto that and draft of that bill. ished, 9 of the 13 appropriations bills. possibly engage in a strategy where he So there are many weighty issues So unless this Congress gets to work on might shut down parts of the govern- that will be resolved in these final days something other than investigating, ment in order to have that type of dis- in negotiations between the White the Federal Government may end up agreement over priorities in that bill. House, the Senate, and the House lead- closing up for business. Mr. Speaker, conservatives want to ership, and there are many of us who This rule will enable them to bring avoid that type of shutdown. We also have grave concerns about how those up appropriations conference bills and want to avoid a bill that would give issues will be resolved. continuing resolutions more quickly, away many of the priorities that this One of the things that we have as a but it could reduce the amount of time Republican Congress has laid out in the concern about this rule is whether we that Members have to read through last 8 months. will have sufficient time to know what these bills before they go to a vote. Let me mention for the body some of it is we will be voting on in this final But, Mr. Speaker, without martial law, those priorities that are at stake in day of this session. How will those conference reports have to be available this bill. The reason I talk about this issues be resolved? Will we bust the for at least 3 days before they are con- bill and the rule is this rule would budget caps? Will we give $18 billion to sidered on the House floor. Otherwise, waive the 24-hour notice for consider- the IMF of American taxpayer dollars? we may have only moments to look ation of that bill. So I think it is im- Will we allow needle exchanges in this over very important appropriations portant that we know what we may be country? Those are issues that we need conference reports as they come up for waiving notice about in order to allow to know about before we can make our votes, and as members of the minority us in a rush to leave town to give up on decisions on how to vote on that final party, that is just unacceptable. some of these important policy issues. bill. Mr. Speaker, the rule we are consid- The first would have to do with the So, Mr. Speaker, I have grave res- ering today is limited to the appropria- spending caps that were negotiated last ervations about that provision in this tions conference reports and it is fur- year in the budget agreement. There is rule that governs our processes for the ther limited to the end of this week. already on the table proposals from remaining days of this session. As I This rule will also enable my Repub- somewhere between $9 billion to $15 bil- say, the other provisions in it, particu- lican colleagues to bring up suspension lion additional spending beyond those larly allowing suspensions to occur, I bills with 2 hours notice. Mr. Speaker, caps. In the agriculture bill, we in this fully support, and those of us on the they asked for this authority last week Congress spend $4 billion above those Conservative Action Team fully sup- and they promised 2 hours notice, and caps. The President in his veto message port. But I think we need to have an- they kept their promise, and I feel that indicates he wants to spend an addi- swers on how we as a body will be noti- they will keep their promise this time. tional $3 billion or $4 billion. So the fied about these contentious issues Mr. Speaker, I reserve the balance of total will be somewhere between $15 with enough time to make our deci- my time. billion and $25 billion in one year above sions on how we would vote in the final Mrs. MYRICK. Mr. Speaker, I yield the budget deal that was agreed to just days of this session. such time as he may consume to the one year ago. Mrs. MYRICK. Mr. Speaker, I yield gentleman from Indiana (Mr. The second issue is on IMF spending, myself such time as I may consume to MCINTOSH). whether we will provide funds for the tell the gentleman that I share his con- Mr. MCINTOSH. Mr. Speaker, I thank IMF to the full $18 billion. These are cerns and very much hope that we can the gentlewoman for yielding me this technically loans, but many of us real- deal with those issues in a way that is time. ize that they may never be paid back, satisfactory to all of us. I rise today with some serious ques- and so therefore, the American tax- Mr. Speaker, I reserve the balance of tions about this rule, chiefly focusing payer will be paying the bill. my time. not on the question of suspensions Another key issue is what we do on Mr. MOAKLEY. Mr. Speaker, I yield which I think many Members would the so-called Mexico City policy, the back the balance of my time. like to have in this what is hopefully question of whether this government Mrs. MYRICK. Mr. Speaker, I yield our final week here; not on the ques- will spend United States taxpayer back the balance of my time, and I tion of most of the bills that will be funds in order to support lobbying for move the previous question on the res- coming out, but a question on what is abortions around the world. olution. being labeled the omnibus appropria- A fourth issue that is of importance The previous question was ordered. tions bill, the final, large bill that will to us is whether we will have a policy The SPEAKER pro tempore. The supposedly wrap all of those that we of national testing in our schools or question is on the resolution. have not been able to pass in this whether we will continue the policy The question was taken; and the House and the Senate and have signed that says, we cannot spend taxpayer Speaker pro tempore announced that by the President into one large spend- dollars to develop that national test the ayes appeared to have it. ing package. here in Washington; we see testing as Mr. MOAKLEY. Mr. Speaker, I object In previous years, that bill has been better done by the States and local to the vote on the ground that a used to negotiate a lot of different community schools. quorum is not present and make the H9628 CONGRESSIONAL RECORD — HOUSE October 6, 1998 point of order that a quorum is not Condit Kanjorski Peterson (MN) There was no objection. present. Conyers Kaptur Pickett Costello Kennedy (MA) Pomeroy f The SPEAKER pro tempore. Evi- Coyne Kennedy (RI) Price (NC) dently a quorum is not present. Cramer Kildee Rahall The Sergeant at Arms will notify ab- Cummings Kind (WI) Rangel HASKELL INDIAN NATIONS UNI- Danner Kleczka Reyes sent Members. Davis (FL) Klink Rivers VERSITY AND SOUTHWESTERN The vote was taken by electronic de- Davis (IL) Kucinich Rodriguez INDIAN POLYTECHNIC INSTITUTE vice, and there were—yeas 218, nays DeFazio LaFalce Roemer ADMINISTRATIVE SYSTEMS ACT 206, not voting 10, as follows: DeGette Lampson Rothman OF 1998 Delahunt Lantos Roybal-Allard [Roll No. 484] DeLauro Lee Rush Mr. HASTINGS of Washington. Mr. YEAS—218 Deutsch Levin Sabo Dicks Lewis (GA) Sanchez Speaker, by direction of the Commit- Aderholt Gekas Packard Dingell Lipinski Sanders tee on Rules, I call up House Resolu- Archer Gibbons Pappas Dixon Lofgren Sandlin tion 576 and ask for its immediate con- Armey Gilchrest Parker Doggett Lowey Sawyer sideration. Bachus Gillmor Paul Dooley Luther Schumer Baker Gilman Paxon Doyle Maloney (CT) Scott The Clerk read the resolution, as fol- Ballenger Goodlatte Pease Edwards Maloney (NY) Serrano lows: Barr Goodling Peterson (PA) Engel Manton Sherman Barrett (NE) Goss Petri Eshoo Markey Sisisky H. RES. 576 Bartlett Graham Pickering Etheridge Martinez Skaggs Resolved, That at any time after the adop- Barton Granger Pitts Evans Mascara Skelton Bass Greenwood Pombo tion of this resolution the Speaker may, pur- Farr Matsui Slaughter suant to clause 1(b) of rule XXIII, declare the Bateman Gutknecht Porter Fattah McCarthy (MO) Smith, Adam Bereuter Hansen Portman Fazio McCarthy (NY) Snyder House resolved into the Committee of the Bilbray Hastert Quinn Filner McDermott Spratt Whole House on the state of the Union for Bilirakis Hastings (WA) Radanovich Ford McGovern Stabenow consideration of the bill (H.R. 4259) to allow Bliley Hayworth Ramstad Frank (MA) McHale Stark Haskell Indian Nations University and the Blunt Hefley Redmond Frost McIntyre Stenholm Southwestern Indian Polytechnic Institute Boehlert Herger Regula Furse McKinney Stokes Boehner Hill Riley each to conduct a demonstration project to Gejdenson McNulty Strickland test the feasibility and desirability of new Bonilla Hilleary Rogan Gephardt Meehan Stupak Bono Hobson Rogers personnel management policies and proce- Gonzalez Meek (FL) Tanner dures, and for other purposes. The first read- Brady (TX) Hoekstra Rohrabacher Goode Meeks (NY) Tauscher Bryant Horn Ros-Lehtinen Gordon Menendez Taylor (MS) ing of the bill shall be dispensed with. All Bunning Hostettler Roukema Green Millender- Thompson points of order against consideration of the Burr Houghton Royce Gutierrez McDonald Thurman bill are waived. General debate shall be con- Burton Hulshof Ryun Hall (OH) Miller (CA) Tiahrt fined to the bill and shall not exceed one Buyer Hunter Salmon Hall (TX) Minge Tierney hour equally divided and controlled by the Callahan Hutchinson Sanford Hamilton Mink Torres chairman and ranking minority member of Camp Hyde Saxton Harman Moakley Towns Campbell Inglis Scarborough the Committee on Government Reform and Hastings (FL) Mollohan Traficant Oversight. After general debate the bill shall Canady Jenkins Schaefer, Dan Hefner Moran (VA) Turner Cannon Johnson (CT) Schaffer, Bob Hilliard Murtha Velazquez be considered for amendment under the five- Castle Johnson, Sam Sensenbrenner Hinchey Nadler Vento minute rule. Each section of the bill shall be Chabot Jones Sessions Hinojosa Neal Visclosky considered as read. During consideration of Chambliss Kasich Shadegg Holden Neumann Waters the bill for amendment, the chairman of the Chenoweth Kelly Shaw Hooley Oberstar Watt (NC) Committee of the Whole may accord priority Christensen Kim Shays Hoyer Obey Waxman in recognition on the basis of whether the Coble King (NY) Shimkus Istook Olver Wexler Member offering an amendment has caused Coburn Kingston Shuster Jackson (IL) Ortiz Weygand Collins Klug Skeen it to be printed in the portion of the Con- Jackson-Lee Owens Wise gressional Record designated for that pur- Combest Knollenberg Smith (MI) (TX) Pallone Woolsey Cook Kolbe Smith (NJ) Jefferson Pascrell Wynn pose in clause 6 of rule XXIII. Amendments Cooksey LaHood Smith (OR) John Pastor Yates so printed shall be considered as read. The Cox Largent Smith (TX) Johnson (WI) Payne chairman of the Committee of the Whole Crane Latham Smith, Linda Johnson, E. B. Pelosi may: (1) postpone until a time during further Crapo LaTourette Snowbarger consideration in the Committee of the Whole Cubin Lazio Solomon NOT VOTING—10 a request for a recorded vote on any amend- Cunningham Leach Souder Calvert Kilpatrick Riggs Deal Lewis (CA) Spence ment; and (2) reduce to five minutes the min- Clement Linder Stearns imum time for electronic voting on any post- DeLay Lewis (KY) Stump Davis (VA) Poshard Diaz-Balart Livingston Sununu Kennelly Pryce (OH) poned question that follows another elec- Dickey LoBiondo Talent tronic vote without intervening business, Doolittle Lucas Tauzin b 1418 provided that the minimum time for elec- Dreier Manzullo Taylor (NC) Messrs. EVANS, HEFNER, and tronic voting on the first in any series of Duncan McCollum Thomas STRICKLAND, and Ms. WOOLSEY questions shall be 15 minutes. At the conclu- Dunn McCrery Thornberry sion of consideration of the bill for amend- Ehlers McDade Thune changed their vote from ‘‘yea’’ to ment the Committee shall rise and report Ehrlich McHugh Upton ‘‘nay.’’ Emerson McInnis Walsh So the resolution was agreed to. the bill to the House with such amendments English McIntosh Wamp The result of the vote was announced as may have been adopted. The previous Ensign McKeon Watkins question shall be considered as ordered on Everett Metcalf Watts (OK) as above recorded. the bill and amendments thereto to final Ewing Mica Weldon (FL) A motion to reconsider was laid on passage without intervening motion except Fawell Miller (FL) Weldon (PA) the table. one motion to recommit with or without in- Foley Moran (KS) Weller f structions. Forbes Morella White Fossella Myrick Whitfield PERSONAL EXPLANATION The SPEAKER pro tempore. The gen- Fowler Nethercutt Wicker Mrs. WILSON. Mr. Speaker, on rollcall No. tleman from Washington State (Mr. Fox Ney Wilson Franks (NJ) Northup Wolf 483, I was inadvertently detained. Had I been HASTINGS) is recognized for 1 hour. Frelinghuysen Norwood Young (AK) present, I would have voted ``yes.'' Mr. HASTINGS of Washington. Mr. Gallegly Nussle Young (FL) f Speaker, for purposes of debate only, I Ganske Oxley REMOVAL OF NAME OF MEMBER yield the customary 30 minutes to the NAYS—206 AS COSPONSOR OF H.R. 483 distinguished gentleman from Texas Abercrombie Berman Brady (PA) Mr. HASTINGS of Washington. Mr. (Mr. FROST), pending which I yield my- Ackerman Berry Brown (CA) Speaker, I ask unanimous consent that self such time as I may consume. Dur- Allen Bishop Brown (FL) ing consideration of this resolution, all Andrews Blagojevich Brown (OH) my name be removed as a cosponsor of Baesler Blumenauer Capps H.R. 483. time yielded is for the purpose of de- Baldacci Bonior Cardin The SPEAKER pro tempore (Mr. bate only. Barcia Borski Carson QUINN). Is there objection to the re- (Mr. HASTINGS of Washington asked Barrett (WI) Boswell Clay Becerra Boucher Clayton quest of the gentleman from Washing- and was given permission to revise and Bentsen Boyd Clyburn ton? extend his remarks.) October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9629 Mr. HASTINGS of Washington. Mr. ern Universities from civil service laws Haskell Indian Nations University, or Speaker, House Resolution 576 is an covering leave and benefits, and would Haskell, and Southwestern Indian open rule which waives points of order reduce the role of the Office of Person- Polytechnic Institute, or SIPI, are against consideration of the bill. nel Management in the development of owned and operated by the Federal The rule provides 1 hour of general these demonstration projects to that of Government. Because of this, the insti- debate equally divided between the a consultant. tutions must currently participate in chairman and ranking member of the Mr. Speaker, because there were no the Federal civil service system. As Committee on Government Reform and hearings on this legislation, the pro- Members know, the civil service sys- Oversight. ponents did not have the opportunity tem is very rigid and does not allow The bill shall be considered by sec- to establish a record to support the the schools to tailor their employee po- tion and each section shall be consid- need for these special authorities. Nor sitions to more adequately serve the ered as read. The rule authorizes the was there an opportunity for the pro- needs of their students. Unfortunately, Chair to accord priority in recognition ponents to establish a record that this rigidity has stifled the growth of to Members who have preprinted their might refute claims that this legisla- these two institutions. The Federal amendments in the CONGRESSIONAL tion would severely weaken the rights Government’s position classification RECORD. and protections currently available to system does not address job classifica- The rule also allows the Chairman of the Federal employees of these two tions unique to colleges and univer- the Committee of the Whole to post- universities. Given the late date in our sities, such as academic dean, professor pone votes during consideration of the session, Mr. Speaker, I think the lack and associate or assistant professor. bill, and to reduce votes to 5 minutes of a record on these points is reason Haskell and SIPI have already begun on a postponed question, if the vote fol- enough to reject this legislation. to feel the effects of the confines of lows a 15-minute vote. Mr. Speaker, I have no requests for this civil service system. For example, Finally, the rule provides for one mo- time, and I yield back the balance of highly qualified faculty from other tion to recommit with or without in- my time. universities and colleges who have in- structions. Mr. HASTINGS of Washington. Mr. quired about vacancies at Haskell have Mr. Speaker, this bill would author- Speaker, I yield back the balance of refused to apply after learning that ize a 5-year demonstration project for my time, and I move the previous ques- Haskell has no teaching positions Haskell Indian Nations University in tion on the resolution. above the rank of instructor. Lawrence, Kansas, and Southwestern The previous question was ordered. Efforts by SIPI to properly staff their Indian Polytechnic Institute in Albu- The resolution was agreed to. recruitment office have been stifled by querque, New Mexico, to exempt them A motion to reconsider was laid on these civil service classifications. Due from the majority of service civil law the table. to this, SIPI’s efforts to attract stu- and allow them to develop alternative The SPEAKER pro tempore (Mr. dents to its new high-tech programs, personnel systems. Also, the bill allows SHIMKUS). Pursuant to House Resolu- such as Environmental Science and Ag- current employees who have at least 1 tion 576 and rule XXIII, the Chair de- ricultural Technologies, have been hin- year of government service to maintain clares the House in the Committee of dered. Unfortunately, students without their Federal retirement, life insurance the Whole House on the State of the ties to SIPI alumni never learn of the and health benefits. Union for the consideration of the bill, opportunities available there. The Committee on Rules has re- H.R. 4259. Over the past few years, Haskell and ported an open rule for this bill, Mr. b 1429 SIPI have made great strides in in- Speaker, and I encourage my col- creasing the educational opportunities IN THE COMMITTEE OF THE WHOLE leagues to support both the rule and available to Native American and Alas- Accordingly, the House resolved the underlying bill, H.R. 4259. kan Indian students. In 1993, SIPI was itself into the Committee of the Whole Mr. Speaker, I reserve the balance of granted community college status and House on the State of the Union for the my time. began offering associate degrees, in ad- consideration of the bill (H.R. 4259) to Mr. FROST. Mr. Speaker, I yield my- dition to offering advanced technical allow Haskell Indian Nations Univer- self such time as I may consume. training. Haskell conferred its first sity and Southwestern Polytechnic In- Mr. Speaker, to date, the major ac- baccalaureate degree in elementary stitute each to conduct a demonstra- complishment of the 105th Congress education in the spring of 1996 and has tion project to test the feasibility and has been to rename Washington Na- since received accreditation to offer de- desirability of new personnel manage- tional Airport for former President grees in environmental education and ment policies and procedures, and for Ronald Reagan. Now, 5 or 6 days away Indian studies. from adjournment, after this trail- other purposes, with Mr. QUINN in the Congress saw the need for this type blazing session, we have sent only 2 of chair. of fix several years ago. The Improving The Clerk read the title of the bill. the 13 necessary appropriations acts to America’s School Act passed by the The CHAIRMAN. Pursuant to the the President. Yet today, Mr. Speaker, 103d Congress included a provision di- rule, the bill is considered as having we are going to consider a bill which recting the Secretary of the Interior to been read the first time. was not subjected to hearings and Under the rule, the gentleman from conduct a study to evaluate the need which has virtually no chance of pass- for alternative institutional and ad- Kansas (Mr. SNOWBARGER) and the gen- ing the entire Congress, much less ministrative systems at Haskell and to tleman from Maryland (Mr. CUMMINGS) gaining the signature of the President. each will control 30 minutes. provide draft legislation. The Depart- But, at the very least, Mr. Speaker, we The Chair recognizes the gentleman ment of Interior provided draft legisla- will be able to consider this bill under from Kansas (Mr. SNOWBARGER). tion, which was then revised by Con- an open rule. Mr. SNOWBARGER. Mr. Chairman, I gresswoman Meyers and Senator Mr. Speaker, H.R. 4259 was opposed yield myself such time as I may con- Kassebaum and introduced in the 104th by the Democratic members of the sume. Congress. At the beginning of this Con- Committee on Government Reform and Mr. Chairman, I introduced H.R. 4259, gress, I introduced similar legislation Oversight and deserves to be opposed the Native American Higher Education in the House with the late Congress- when it is considered by the full House. Improvement Act, in July. man Steve Schiff. Companion legisla- The bill mandates that the only two tion was introduced by Senator ROB- b federally-owned, federally-funded, and 1430 ERTS of Kansas. Additionally the Sen- federally-operated institutions of high- This legislation is the final product ate legislation was cosponsored by Sen- er education in the country, Haskell of over 2 years of work that started ators BROWNBACK, BINGAMAN, DOMENICI and Southwestern Indian Universities, with my predecessor, Congresswoman and the chairman and ranking member establish demonstration projects to de- Jan Meyers, along with Senator Nancy of the Senate Indian Affairs Commit- velop new personnel procedures. The Kassebaum Baker and Haskell Indian tee, Senators CAMPBELL and INOUYE. demonstration projects would be enti- Nations University, which is located in The product under consideration tled to exempt Haskell and Southwest- my district. today is the culmination of over 8 H9630 CONGRESSIONAL RECORD — HOUSE October 6, 1998 years of planning, input and com- found that compliance with certain laws and been authorized through legislation to estab- promise between all of the parties in- regulations impedes Haskell’s ability to ef- lish alternative personnel methods appro- volved. In 1990, Haskell created a long- fectively manage its transition to a high priate for educational systems. The ability to recruit and retain qualified term planning task force to specifi- quality four-year institution. A report with draft legislation was forwarded to the Sec- university-level faculty and staff is one of cally address their concerns about fac- retary and to Congress. the more critical concerns in higher edu- ulty recruitment. This task force was By September 1996, Senator Nancy Kasse- cation. This is of particular importance for succeeded by a Personnel Quality Im- baum and Representative Jan Meyers intro- Haskell’s continuing transition from junior provement Team appointed in 1993. duced the first legislation in the 104th Con- college to university status. This transition Both of these task forces have included gress, entitled ‘‘Haskell Indian Nations Uni- includes three new baccalaureate degree pro- representatives from the local union, versity Administrative Systems Act of 1996.’’ grams to begin in the fall of this year. the faculty and the student body. At By July 1998, the Act has been revised to Again, thank you for all of your support of American Indian education and reiterate our every single step in the process, em- include SIPI and to be first conducted as a demonstration project. This Act is currently support for H.R. 4259. ployees from Haskell have been in- known as H. R. 4259 ‘‘Haskell Indian National Sincerely, volved in the creation of this legisla- University and Southwestern Indian Poly- VERONICA N. GONZALES, tion. technic Institute Administrative Systems Executive Director. Mr. Chairman, Haskell has been edu- Act of 1998.’’ OUTHWESTERN NDIAN cating Native American students for DEVELOPMENT OF PLAN FOR HASKELL S I over a century. In 1884, Haskell was POLYTECHNIC INSTITUTE, The Development of an alternative person- Albuquerque, NM, October 5, 1998. founded as the United States Indian In- nel systems at Haskell has always been seen Congressman VINCENT SNOWBARGER, dustrial Training School to provide ag- as a ‘‘Work in progress.’’ In 1993 and 1995 two Cannon HOB, Washington, DC. ricultural education for Native Amer- teams composed of faulty, staff and students DEAR CONGRESSMAN SNOWBARGER: The ican and Alaskan Indian students identified concerns with Haskell’s current Board of Regents of the Southwestern Indian grades 1 through 5. From this humble personnel system and to make recommenda- Polytechnic Institute wishes to thank you beginning, Haskell has grown through- tions for improvement. These recommenda- for introducing H.R. 4259: ‘‘The Haskell In- tions were forwarded to the Board of Regents dian Nations University and Southwestern out the 20th century from an elemen- for review. By October 1995, the Haskell tary school to a 4-year institution of Indian Polytechnic Institute Administrative Board of Regents passed Resolution 96–03 di- Systems Act of 1998.’’ higher learning. Throughout this proc- recting the President of Haskell to work As representatives of federally recognized ess, Haskell has struggled to ensure with the Board Advisor and the Kansas Con- tribes, we see this bill as essential to improv- that they provide an excellent edu- gressional Delegation to develop and imple- ing educational programs for the hundreds of cation for their students while continu- ment any regulatory processes legislation American Indians/Alaska Natives that at- ing to be an integral part of the Bureau necessary for the evolution of Haskell as a tend SIPI each trimester. We have received of Indian Affairs. This legislation seeks University. Again, the first legislation was similar indications of support from members introduced to Congress in September 1996. to continue that fine tradition while of New Mexico’s Congressional delegation. In July 1997 a Haskell Implementation We see H.R. 4259 as bringing to SIPI a per- assuring that Haskell and SIPI have Team review previous findings and rec- sonnel system that truly meets the needs of the necessary tools to increase the ommended ‘‘a personnel management system a post-secondary educational institution, quality of the education they provide appropriate for a university.’’ These rec- while unburdening the college from the cur- for the more than 1,500 students who ommendations were also forwarded to the rent unwieldy and ineffective personnel rou- attend each year. board. By October 1997, the Board incor- tine that really was not designed for college Mr. Chairman, I would like to insert porated the values established by this team hiring. The end results of these improve- into the RECORD letters of support from into the Institutional Values and Code now ments will be better instructors and admin- the National Haskell Board of Regents, contained in Haskell’s Vision 2005. istrators working to support quality edu- Further development occurred in May 1998 cation of American Indians/Alaska Natives. the Southwestern Indian Polytechnic when the Board passed the enclosed Resolu- Your efforts to include SIPI for the 105th Board of Regents and the American In- tion 98–10 stating that the alternative sys- Congress’ consideration of these possible ad- dian Higher Education Consortium. In tems be developed in a spirit of cooperation ministrative changes under Section 365 of addition, I would like to submit resolu- and input from administration, faculty, the ‘‘Improving America’s Schools Act (10/20/ tions from more than 32 tribes and the staff, and students. 94) is appreciated. Congress of American Indians support- Haskell is now ready to develop the plan Be sure of our continued support in behalf ing legislation that would allow Has- for submission to Congress as required in H. of your bill. R. 4259. Haskell looks forward to you contin- kell to successfully complete its tran- Sincerely, ued support in providing high quality edu- LORENE WILLIS, sition into a 4-year institution. cation to the American Indian/Alaska Native Chairwoman, SIPI Board of Regents. The documents referred to are as fol- peoples. lows: If you have any other questions, please feel LOS COYOTES RESERVATION,WARNER SPRINGS, HASKELL INDIAN NATIONS UNIVERSITY, free to call me at 785–749–8495. CA. Lawrence, KS, September 24, 1998. Respectfully yours, RESOLUTION SUPPORTING LEGISLATION GRANT- RE: H. R. 4259: ‘‘Haskell Indian Nations Uni- BOB MARTIN, ING ADMINISTRATIVE OVERSIGHT TO HASKELL versity and Southwestern Indian Poly- President. INDIAN NATIONS UNIVERSITY TO BE KNOWN AS technic Institute Administrative Sys- ‘‘HASKELL INDIAN NATIONS UNIVERSITY AD- tems Act of 1998.’’ AMERICAN INDIAN MINISTRATIVE SYSTEMS ACT OF 1996; RESOLU- Thank you for your support of Southwest- HIGHER EDUCATION CONSORTIUM, TION NUMBER 1196–2 ern Indian Polytechnic Institute (SIPI) and Alexandria, VA, August 10, 1998. Whereas, Haskell’s vision is to become a Haskell Indian Nations University (Haskell). Hon. VINCE SNOWBARGER, national center for Indian education, re- As the only two post-second schools within House of Representatives, search and cultural programs that increase the Department of Interior, these schools Washington, DC. knowledge and support the educational needs provide baccalaureate and associate degree DEAR CONGRESSMAN SNOWBARGER: I am of American Indian/Alaska Natives, and programs for all members of federally recog- writing on behalf of the American Indian Whereas, Haskell has identified the need to nized tribes. Higher Education Consortium (AIHEC), to properly administer a quality education and The intent of H. R. 4259 is to give Haskell express our support for the passage of H.R. student life program for American Indian and SIPI demonstration project authority to 4259 the ‘‘Haskell Indian Nations University and Alaska native students attending Has- move the personnel functions to campus and and Southwestern Indian Polytechnic Insti- kell, and to design personnel systems that meet the tute Administrative Systems Act of 1998’’. Whereas, Haskell’s ability to make a suc- needs of institutions of higher education. The Civil Service personnel system is not cessful transition from a junior college to a BACKGROUND OF H. R. 4259 designed to serve the needs of institutions of university vision is being compromised by In October of 1994, Congress mandated (sec- higher education. Yet, Haskell Indian Na- not having control of their administrative tion 365 of the ‘‘Improving America’s Schools tions University and Southwest Indian Poly- systems, and Act’’) that ‘‘the Secretary of the Interior technic Institute are the only two BIA insti- Whereas, the lack of control affect the shall conduct a study [of administrative sys- tutions, which are still required to follow the quality of higher education offered to Amer- tems], in consultation with the Board of Re- current Civil Service Personnel system. All ican Indian students, and gents of Haskell . . . [And] if the study’s con- of the other Bureau of Indian Affairs schools Whereas, the Board of Regents of Haskell clusions require legislation to be imple- are elementary and secondary schools, and Indian Nations University seeks to increase mented, the study shall be accompanied by are no longer required to follow the Civil local control of the university with the pas- appropriate draft legislation.’’ The study Service system. These schools have already sage of appropriate legislation; October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9631 Now therefore be it resolved, that the Los We wish your University success in your knowledge and support the educational needs Coyotes Reservation supports Haskell’s endeavor. of American Indian/Alaska Natives; and, Board of Regents efforts to gain legislation Sincerely, Whereas, Haskell has identified the need to that provides a greater degree of autonomy RUSSELL WELSH, properly administer a quality educational for Haskell Indian Nations University in its Acting Tribal Chairman. and student life program for American In- transition to a 4 year university. dian and Alaska Native students attending CERTIFICATION DELAWARE TRIBE OF WESTERN OKLAHOMA, Haskell; and, At a duly called meeting of the Los ANADARKO, OK Whereas, Haskell’s ability to make a suc- Coyotes Reservation on November 10, 1996 of RESOLUTION NUMBER 97–01: A RESOLUTION OF cessful transition from a junior college to a the general membership this resolution was THE DELAWARE TRIBE OF WESTERN OKLAHOMA university vision is being compromised by passed with a vote of For, 25; Against, 0; Ab- SUPPORTING LEGISLATION GRANTING ADMINIS- not having control of their administrative staining, 0. TRATIVE OVERSIGHT TO HASKELL INDIAN NA- systems; and, Adult members present; 27. TIONS UNIVERSITY TO BE KNOWN AS ‘‘HASKELL Whereas, the lack of control affects the Spokesman; Frank Taylor. INDIAN NATIONS UNIVERSITY ADMINISTRATIVE quality of higher education offered to Amer- Committee: Ruth Cassell et al. SYSTEM ACT OF 1996’’ ican Indian students; and, Whereas, Haskell’s vision is to become a LAC COURTE OREILLES TRIBAL GOVERNING Whereas, the Board of Regents of Haskell national center for Indian education, re- BOARD, HAYWARD, WI Indian Nations University seeks to increase search and cultural programs that increase RESOLUTION NO. 96–102 local control of the university with the pas- knowledge and support the educational needs sage of appropriate legislation; Now, there- Whereas, Haskell’s vision is to become a of American Indian/Alaska Natives; and, fore be it national center for Indian education, re- Whereas, Haskell has identified the need to search and cultural programs that increase properly administer a quality educational Resolved, That the Duckwater Shoshone knowledge and support the educational needs and student life program for American In- Tribe supports Haskell’s Board of Regents ef- of American Indian/Alaska Natives, and dian and Alaska Native students attending forts to gain legislation that provides a Whereas, Haskell has identified the need to Haskell; and, greater degree of autonomy for Haskell In- properly administer a quality education and Whereas, Haskell’s ability to make a suc- dian Nations University in its transition to a student life program for American Indian cessful transition from a junior college to a 4-year university. and Alaska Native students attending Has- university vision is being compromised by kell, and not having control of their administrative THE EASTERN BAND Whereas, Haskell’s ability to make a suc- systems; and, OF CHEROKEE INDIANS, cessful transition from a junior college to a Whereas, the lack of control affects the Cherokee, NC, December 4, 1996. university vision is being compromised by quality of higher education offered to Amer- Mr. BOB G. MARTIN, not having control of their administrative ican Indian students; and, President, Haskell Indian Nations University, systems, and Whereas, the Board of Regents of Haskell Lawrence, KS. Whereas, the lack of control affect the Indian Nations University seeks to increase DEAR PRESIDENT MARTIN: As Principal quality of higher education offered to Amer- local control of the university with the pas- Chief of the Eastern Band of Cherokee Indi- ican Indian students, and sage of appropriate legislation; ans, I am happy to lend the unanimous sup- Whereas, the Board of Regents of Haskell Now therefore be it resolved, that the port of our tribe to Haskell Indian Nations Indian Nations University seeks to increase Delaware Tribe of Western Oklahoma sup- University. local control of the university with the pas- ports Haskell’s Board of Regents efforts to Attached please find a copy of Resolution sage of appropriate legislation; gain legislation that provides a greater de- Now therefore be it resolved, that the Lac 440 which was passed on November 21, 1996 gree of autonomy for Haskell Indian Nations with the full support of Tribal Council. Courte Oreilles Band of Lake Superior Chip- University in its transition to a 4-year uni- We too believe that self determination be- pewa nation supports Haskell’s Board of Re- versity. gents efforts to gain legislation that pro- gins at the local level and in order to make vides a greater degree of autonomy for Has- CERTIFICATION improvements must be controlled by those kell Indian Nations University in its transi- This is to certify that the foregoing resolu- who are most affected. tion to a 4-year university. tion was adopted at a meeting of the Dela- Please call upon me if I can be of further CERTIFICATION ware Executive Committee in a meeting held assistance. on October 11, 1996 at Anadarko, Oklahoma I, the undersigned, as Secretary/Treasurer With regards, I am by a vote of 5 for 0 against, and 0 abstaining, of the Lac Courte Oreilles Tribal Governing Sincerely, a quorum of the committee being present. Board, hereby certify that the Governing JOYCE C. DUGAN, Attest: Linda Poolaw, Secretary. Board is composed of seven members, of Principal Chief. Approve: Lawrence F. Snake, President. whom 4 being present, constituted a quorum Attachment. at a meeting duly called, convened and held DUCKWATER SHOSHONE TRIBE, on this 20 day of November, 1996; that the RESOLUTION 440—‘‘HASKELL INDIAN NATIONS foregoing resolution was duly adopted at Duckwater, NV, October 30, 1996. UNIVERSITY ADMINISTRATIVE SYSTEMS ACT BOB G. MARTIN, Ed.D., said meeting by an affirmative vote of 3 OF 1996’’ President, Haskell Indian Nations University members, 0 against, 0 abstaining and that Whereas, Haskell’s vision is to become a Lawrence, KS. said resolution has not been rescinded or national center for Indian education, re- DEAR MR. MARTIN: Enclosed please find amended in any way. search and cultural programs that increase Resolution No. 96–D–21 enacted by the DON CARLEY, knowledge and support the educational needs Duckwater Shoshone Tribal Council during Secretary/Treasurer. of American Indian/Alaska Natives; and, their Regular Meeting duly held the 21st day of October 1996. The Resolution is self ex- Whereas, Haskell has identified the need to COLORADO RIVER INDIAN TRIBES, properly administer a quality educational Parker, AZ, November 20, 1996. planatory. If you should have any questions, please and student life program for American In- BOB G. MARTIN, contact Jerry Millett, Tribal Manager. dian and Alaska Native students attending President, Haskell Indian Nations University, Haskell; and, Lawrence, KS. Thank you. Whereas, Haskell’s ability to make a suc- DEAR MR. MARTIN: The Colorado River In- Sincerely, cessful transition from a junior college to a dian Tribes’ Tribal Council recently ad- LORINDA SAM, university vision is being compromised by dressed Haskell Indian Nations University’s Executive Secretary, not having control of their administrative request for support to increase its control Duckwater Shoshone Tribe. systems; and, over its administrative system in an effort to undergo a smooth transition to become a RESOLUTION NO. 96–D–21 Whereas, the lack of control affects the four-year university. Whereas, the Duckwater Shoshone Tribe is quality of higher education offered to Amer- The Tribal Council took action to support organized under the provisions of the Indian ican Indian students; and, this effort, in the form of the attached reso- Reorganization Act of June 18, 1934, as Whereas, the Board of Regents of Haskell lution. The Colorado River Indian Tribes amended to exercise certain rights of Indian Nations University seeks to increase would like to express gratitude to your uni- homerule and be responsible for the general local control of the university with the pas- versity as far as the educational studies that welfare of its membership; and sage of appropriate legislation: Now, there- have been provided to members of our Tribe; Whereas, the Duckwater Shoshone Tribe is fore, be it resolved, That the Eastern Band of many of whom have graduated from your in support of the Haskell Indian Nations Uni- Cherokee Indians supports Haskell’s Board of university. The passage of this resolution, versity in Lawrence, Kansas; and Regents efforts to gain legislation that pro- therefore, enables our Tribe to assist in pro- Whereas, Haskell’s vision is to become a vides a greater degree of autonomy for Has- viding continued education to our members national center for Indian education, re- kell Indian Nations University in its transi- as well as to students from other Tribes. search and cultural programs that increase tion to a 4-year university. H9632 CONGRESSIONAL RECORD — HOUSE October 6, 1998

FORT INDEPENDENCE RESERVATION, IOWA TRIBE OF Whereas: Haskell’s ability to make a suc- Independence, CA, November 7, 1998. KANSAS AND NEBRASKA, cessful transition from a junior college to a RESOLUTION 96–026—SUPPORTING LEGISLATION White Cloud, KS, October 17, 1996. university vision is being compromised by GRANTING ADMINISTRATIVE OVERSIGHT TO BOB G. MARTIN, not having control of their administrative HASKELL INDIAN NATIONS UNIVERSITY TO BE President, Haskell Indian Nation School, Law- systems; and, KNOWN AS ‘‘HASKELL INDIAN NATIONS UNI- rence, KS. Whereas: the lack of control affects the VERSITY ADMINISTRATIVE SYSTEMS ACT OF DEAR MR. MARTIN: Enclosed please find the quality of higher education offered to Amer- 1996’’ Iowa Tribal Resolution 96–R–16, supporting ican Indian students; and, the University in its transition to a 4-year Whereas: Haskell’s vision is to become a Whereas: the Board of Regents of Haskell University. national center for Indian education, re- Indian Nations University seeks to increase Sincerely, search and cultural programs that increase local control of the university with the pas- LEON CAMPBELL, knowledge and support the educational needs sage of appropriate legislation. Chairman, Iowa Tribe of American Indian/Alaska Natives; and, of Kansas and Nebraska. Now therefore be it resolved, That the Miami Whereas: Haskell has identified the need to Tribe of Oklahoma supports Haskell’s Board properly administer a quality educational RESOLUTION 96–R–16 of Regents efforts to gain legislation that and student life program for American In- Whereas, the Iowa Executive Committee provides a greater degree of autonomy for dian and Alaska Native students attending being duly organized met in Regular Session Haskell Indian Nations University in its Haskell; and, transition to a 4-year university. Whereas: Haskell’s ability to make a suc- this 16th day of October, 1996; and, Whereas, the Iowa Executive Committee cessful transition form a junior college to a has authority to act for the Iowa Tribe under university vision is being compromised by PEORIA TRIBE OF the present Constitutional authority as pro- not having control of their administrative INDIANS OF OKLAHOMA, vided in Sec. 2, Article IV, Governing Bodies; systems; and, Miami, OK. and, Whereas: the lack of control affects the Whereas, the Iowa Tribe of Kansas and Ne- RESOLUTION # R–11–05–96 quality of higher education offered to Amer- braska being organized and empowered by ican Indian students; and, SUPPORTING LEGISLATION GRANTING ADMINIS- their Constitution and Bylaws (approved No- Whereas: the Board of Regents of Haskell TRATIVE OVERSIGHT TO HASKELL INDIAN NA- vember 6, 1978); and, TIONS UNIVERSITY TO BE KNOWN AS ‘‘HASKELL Indian Nations University seeks to increase Whereas, the Haskell Indian Nations Uni- local control of the university with the pas- INDIAN NATIONS UNIVERSITY ADMINISTRATIVE versities vision is to become a national cen- SYSTEMS ACT OF 1996’’ sage of appropriate legislation: Now, there- ter for Indian education, research and cul- fore be it tural programs that increase knowledge and Whereas, the Peoria Tribe of Indians of Resolved, That the Fort Independence Pai- support the educational needs of American Oklahoma is a federally recognized Indian ute Tribe supports Haskell’s Board of Re- Indian/Alaska Natives; and, Tribe organized under the Oklahoma Indian gents efforts to gain legislation that pro- Whereas, Haskell has identified the need to Welfare Act of June 26, 1936, and is governed vides a greater degree of autonomy for Has- properly administer a quality educational by its Constitution approved by the Commis- kell Indian Nations University in its transi- and student life program for American In- sioner of Indian Affairs on May 29, 1980; and tion to a 4-year university. dian and Alaska Native students attending Whereas, the Business Committee of the Haskell; and, Peoria Tribe of Indians of Oklahoma is au- GRAND PORTAGE Whereas, Haskell’s ability to make a suc- thorized to enact resolutions and act on be- RESERVATION TRIBAL COUNCIL, cessful transition from a junior college to a half of the Peoria Tribe under Article VIII, Grand Portage, MN, October 24, 1998. university vision is being compromised by Section I, of the Constitution; and RESOLUTION 49–96 not having control of their administrative Whereas, Haskell Indian Nations Univer- The Grand Portage Reservation on behalf systems; and, sity has a vision to become a national center of the Grand Portage Band of Chippewa en- Whereas, The lack of control affects the for Indian education, research and cultural acts the following resolution: quality of higher education offered to Amer- programs that increase knowledge and sup- Whereas, the Grand Portage Reservation ican Indian students; and, port the educational needs of American In- Whereas, The Board of Regents of Haskell Tribal Council, under the terms of the Trea- dian/Alaska Natives; and ty of 1854 and P.L. 93–638, the Indian Self-De- Indian Nations University seeks to increase local control of the university with the pas- Whereas, Haskell has identified the need to termination Act, is the duly recognized gov- properly administer a quality educational erning body of the Grand Portage Reserva- sage of appropriate legislation; and, Now therefore be it resolved, That the Iowa and student life program for American In- tion, and dian and Alaska Native students attending Whereas, the Grand Portage Reservation Tribe of Kansas and Nebraska supports Has- Haskell; and Tribal Council supports legislation granting kell’s Board of Regents efforts to gain legis- administrative oversight to Haskell Indian lation that provides a greater degree of au- Whereas, Haskell’s ability to make a suc- Nations University to be known as Haskell tonomy for Haskell Indian Nations Univer- cessful transition from a junior college to a Indian Nations University Administrative sity in its transition to a 4-year university. university vision is being compromised by Systems Act of 1996. Be it further resolved, That the foregoing not having control of their administrative Whereas, Haskell’s vision is to become a Resolution was duly adopted this date. systems; and National Center for Indian Education, Re- Whereas, the lack of control affects the search and Cultural Programs that increase MIAMI TRIBE OF OKLAHOMA, quality of higher education offered to Amer- knowledge and support the Educational Miami, OK. ican Indian students; and needs of American Indian/Alaska Natives; RESOLUTION 97–03 Whereas, the Board of Regents of Haskell and, SUPPORTING LEGISLATION GRANTING ADMINIS- Indian Nations University seeks to increase Whereas, Haskell has identified the need to TRATIVE OVERSIGHT TO HASKELL INDIAN NA- local control of the university with the pas- properly administer a quality educational TIONS UNIVERSITY TO BE KNOWN AS ‘‘HASKELL sage of appropriate legislation. and student life program for American In- INDIAN NATIONS UNIVERSITY ADMINISTRATIVE Now therefore be it resolved, The Peoria dian and Alaska Native students attending SYSTEMS ACT OF 1996’’ Tribe of Indians of Oklahoma supports Has- Haskell, and Whereas: the Miami Tribe of Oklahoma is kell’s Board of Regents efforts to gain legis- Whereas, Haskell’s ability to make a suc- a federally recognized Tribe, organized under lation that provides a greater degree of au- cessful transition from a Junior College to a the Oklahoma Indian Welfare Act of 1936, tonomy for Haskell Indian Nations Univer- University vision is being compromised by with a Constitution and By-Laws approved sity in its transition to a four-year univer- not having control of their Administrative by the Secretary of the Interior on February sity. Systems, and 22, 1996; and, Whereas, the lack of control affects the Whereas: the Business Committee of the quality of Higher Education offered to Amer- Miami Tribe of Oklahoma is empowered to PUEBLO OF ISLETA, ican Indian students, and act on behalf of the Tribe, under Article VI Isleta, NM, November 12, 1996. Whereas, the Board of Regents of Haskell of the Constitution and By-Laws; and, BOB G. MARTIN, Ed.D., Indian Nations University seeks to increase Whereas: Haskell’s vision is to become a President, Haskell Indian Nations University, local control of the University with the pas- national center for Indian education, re- Bureau of Indian Affairs, Lawrence, KS. sage of appropriate legislation: Now, there- search and cultural programs that increase DEAR MR. MARTIN: Enclosed please find fore be it knowledge and support the educational needs Pueblo of Isleta Resolution 96–096 supporting Resolved, That the Grand Portage Reserva- of American Indian/Alaska Natives; and, your efforts for the transition of Haskell to tion Tribal Council supports Haskell’s Board Whereas: Haskell has identified the need to become a four-year university. I wish you of Regents efforts to gain legislation that properly administer a quality educational much success in your endeavors. provides a greater degree of autonomy for and student life program for American In- Sincerely, Haskell Indian Nations University in its dian and Alaska Native students attending ALVINO LUCERO, transition to a 4-year University. Haskell; and, Governor. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9633

RESOLUTION NO. 96–096 lation granting Haskell’s Board of Regents ALL INDIAN PUEBLO COUNCIL, SUPPORTING LEGISLATION GRANTING ADMINIS- the authority to administer the administra- Albuquerque, NM, July 29, 1998. TRATIVE OVERSIGHT TO HASKELL INDIAN NA- tion services for Haskell Indian Nations Uni- Hon. VINCE SNOWBARGER, TIONS UNIVERSITY TO BE KNOWN AS ‘‘HASKELL versity, providing a greater degree of auton- Cannon House Office Building, INDIAN NATIONS UNIVERSITY ADMINISTRATIVE omy for Haskell in its transition to a four- Washington, DC. SYSTEMS ACT OF 1996’’ year university. DEAR CONGRESSMAN SNOWBARGER: I am Whereas, Haskell’s vision is to become a writing to ask for your strong support of HR CERTIFICATION 4259—‘‘Native American Higher Education national center for Indian education, re- Improvement Act.’’ A vote for this legisla- search and cultural programs that increase The foregoing resolution was adopted at tion is a vote for improving the delivery of knowledge and support the educational needs the 1996 Mid-Year session of the National higher education to American Indians and of American Indian/Alaska Natives; and Congress of American Indians, held at the Whereas, Haskell’s has identified the need Alaska Natives. Adam’s Mark Hotel at Williams Center in This legislation provides the authority for to properly administer a quality educational Tulsa, Oklahoma, on June 3–5, 1996 with a Haskell Indian Nations University (Haskell) and student life program for American In- quorum present. and Southwestern Indian Polytechnic Insti- dian and Alaska Native students attending tute (SIPI) to initiate demonstration Haskell; and projects for the development of personnel Whereas, Haskell’s ability to make a suc- PRARIE BAND POTAWATOMI NATION, systems suitable for each school. The main cessful transition from a junior college to a Mayetta, KS, August 4, 1998. purpose of each demonstration project is to university vision is being compromised by Hon. VINCE SNOWBARGER, develop classification and hiring systems not having control of their administrative Cannon House Office Building, that are more appropriate and more efficient systems; and Washington, DC. in providing the education programs that Whereas, the lack of control affects the DEAR CONGRESSMAN SNOWBARGER: I am meet the needs of American Indians and quality of higher education offered to Amer- writing to ask your strong support of H.R. Alaska Natives. ican Indian students; and 4259—‘‘Native American Higher Education At present, Haskell and SIPI are the only Whereas, the Board of Regents of Haskell Improvement Act.’’ two Bureau of Indian Affairs institutions Indian Nations University seeks to increase which still are required to follow the current local control of the university with the pas- A vote for this legislation is a vote for im- Civil Service personnel system, a system not sage of appropriate legislation; proving the delivery of higher education to designed to serve the needs of institutions of Now therefore be it Resolved, That the Isleta American Indians and Alaska Natives. higher education. The other twenty-eight Tribal Council supports Haskell’s Board of This legislation provides the authority for members of the American Indian Higher Regents efforts to gain legislation that pro- Haskell Indian Nations University (‘‘Has- Education Consortium (AIHEC) have estab- vides a greater degree of autonomy for Has- kell’’) and Southwestern Indian Polytechnic lished personnel systems appropriate to col- kell Indian Nations University in its transi- Institute (‘‘SIPI’’) to initiate demonstration lege systems and thus are not required to ad- tion to a 4-year university. projects for the development of personnel here to the Civil Service system. Likewise, systems suitable for each school. The main the over 200 other BIA schools (elementary RESOLUTION TLS–96–008 purpose of each demonstration project is to and secondary schools) are not required to Whereas, we, the members of the National develop classification and hiring systems follow the Civil Service systems, having al- Congress of American Indians of the United that are more appropriate and more effective ready been authorized through legislation to States, invoking the divine blessing of the in providing the education programs that establish alternative personnel systems ap- Creator upon our efforts and purposes, in meet the needs of American Indians and propriated for educational institutions. order to preserve for ourselves and our de- Alaska Natives. National Haskell Board of Regents ‘‘Reso- scendants rights secured under Indian trea- lution 98–10,’’ approved unanimously on May At present, Haskell and SIPI are the only ties and agreements with the United States, 6, 1998, reflects strong support for this legis- two Bureau of Indian Affairs institutions and all other rights and benefits to which we lation developed through input from not which still are required to follow the current are entitled under the laws and Constitution only the members of the Board of Regents, of the United States to enlighten the public Civil Service personnel system, a system not but also from faculty, staff, NFFE local #45, toward a better understanding of the Indian designed to serve the needs of institutions of and tribal members and leaders. There is no people, to preserve Indian cultural values, higher education. The other twenty-eight provision within this legislation which would and otherwise promote the welfare of the In- members of the American Indian Higher alter employee rights. Please note this im- dian people, do hereby establish and submit Education Consortium (AIHEC) have estab- portant fact in responding to opposition the following resolution; and lished personnel systems appropriate to col- from federal employee unions. Whereas, the National Congress of Amer- lege systems and thus are not required to ad- Your strong support is needed on behalf of ican Indians (NCAI) is the oldest and largest here to the Civil Service system. Likewise, HR 4259. This legislation effectively address- national organization established in 1944 and the other 200 other BIA schools (elementary es one of the most critical concerns in higher comprised of representatives of and advo- and secondary schools) are not required to education, namely having a personnel sys- cates for national, regional, and local Tribal follow the Civil Service system, having al- tem that facilitates the recruitment and re- concerns; and ready been authorized through legislation to tention of qualified university-level faculty Whereas, the health, safety, welfare, edu- establish alternative personnel systems ap- and staff. This is a particularly critical con- cation, economic and employment oppor- propriate for educational institutions. cern for Haskell’s continuing transition from tunity and preservation of cultural and natu- National Haskell Board of Regents ‘‘Reso- junior college to university status and the ral resources are primary goals and objec- lution 98–10,’’ approved unanimously on May beginning of three new baccalaureate degree tives of NCAI; and programs by fall, 1998. 6th, 1998 reflects strong support for this leg- Whereas, Haskell Indian Nations Univer- Thank you for your support of American sity’s vision is to become a national center islation developed through input from not Indian/Alaska Native higher education. for Indian education, research, and cultural only from Board of Regents members, but Sincerely, also from faculty, staff, NFFE local #45, and programs that increase knowledge and sup- ROY W. BERNAL, port the educational needs of American Indi- tribal members and leaders. There is no pro- Chairman. ans and Alaska Natives; and vision within this legislation which would Whereas, Haskell has identified the need to alter employee rights. Please note this im- RESOLUTION 98–10 properly administer a quality educational portant fact in responding to opposition Whereas, Haskell’s vision is to become a and student life program for American In- from federal employee unions. national center for Indian education, re- dian and Indian and Alaska Native students Your strong support is needed on behalf of search and cultural programs that increase in attendance; and H.R. 4259. This legislation effectively ad- knowledge and support the educational needs Whereas, Haskell’s ability to make a suc- dresses one of the most critical concerns in of American Indians and Alaska Natives; cessful transition from a junior college to a higher education, namely, having a person- and, university vision is being compromised by nel system that facilitates the recruitment Whereas, Haskell has identified the need to not having control of their administrative and retention of qualified university-level properly administer a quality educational systems; and faculty and staff. This is a particularly criti- and student life program for American In- Whereas, the lack of control affects the cal concern for Haskell’s continuing transi- dian and Alaska Native students attending quality of higher education offered to Amer- tion from junior college to university status Haskell; and, ican Indian and Alaska Native students; and and the beginning of three new bacca- Whereas, Haskell’s ability to make a suc- Whereas, the Board of Regents of Haskell cessful transition from a junior college to a laureate degree programs by fall, 1998. Indian Nations University seeks to increase university vision is being compromised by local control of the university with passage Thank you for your support of American not having control of their administrative of appropriate legislation; now therefore be Indian and Alaska Native higher education. systems; and, it Sincerely, Whereas, The Board of Regents of Haskell Resolved, That the National Congress of MAMIE RUPNICKI, Indian Nations University has by prior Reso- American Indians does hereby support legis- Chairwoman. lutions No. 96–03 and No. 96–09 authorized the H9634 CONGRESSIONAL RECORD — HOUSE October 6, 1998 development of legislation to increase local al members and leaders. There is no provi- dian and Alaska Native students attending control necessary for Haskell to evolve as a sion within this legislation which would Haskell; and, university; and, alter employee rights. Please note this im- Whereas Haskell’s ability to make a suc- Whereas, Legislation has been drafted and portant fact in responding to opposition cessful transition from a junior college to a is ready for introduction in the United from federal employee unions. university vision is being compromised by States Congress that would allow Haskell In- Your strong support is needed on behalf of not having control of their administrative dian Nations University to provide cul- H.R. 4259. This legislation effectively ad- systems; and, turally sensitive curricula for higher edu- dresses one of the most critical concerns in Whereas the lack of control affects the cation to members of Indian tribes and im- higher education, namely, having a person- quality of higher education offered to Amer- prove education for American Indian/Alaska nel system that facilitates the recruitment ican Indian students; and, Native students as Haskell continues to and retention of qualified university-level Whereas the Board of Regents of Haskell make the transition to a four-year univer- faculty and staff. This is a particularly criti- Indian Nations University seeks to increase sity; not therefore be it cal concern for Haskell’s continuing transi- local control of the university of the passage Resolved, That the Haskell Indian Nations tion from junior college to university status of appropriate legislation: Now therefore be Board of Regents supports the efforts of the and the beginning of three new bacca- it Kansas Congressional delegation in introduc- laureate degree by fall, 1998. Resolved, That the Table Bluff Wiyot Na- ing and pursuing passage of legislation pres- The Board of Regents of Haskell Indian Na- tion supports Haskell’s Board of Regents ef- ently titled at the ‘‘Haskell Indian Nations tion University is comprised of 15 Indian peo- forts to gain legislation that provides a University and Southwestern Indian Poly- ple who represent all of the Bureau of Indian greater degree of autonomy for Haskell In- technic Institute Administrative Systems Affair’s Services Areas, as well as the Stu- dian Nations University in its transition to a Act of 1998’’; and be it further dent Senate President of Haskell and the 4-year university. Resolved, That Haskell develop its alter- President of the National Haskell Alumni CERTIFICATION native administrative systems in a spirit of Association. I, the undersigned, as the Tribal Chair- cooperation and input from administration, Attached please find resolution #98–10 person of the Table Bluff Wiyot Nation, here- faculty, staff, and students, that its newly which the Haskell Board of Regents approved by certify this resolution on this 12th day of developed pay, leave and benefit packages on May 6, 1998. This resolution gives full sup- November, 1996. emphasize comparable support for current port to H.R. 4259: National American Higher CHERYL A. SEIDNER, employees, and that implementation of these Education Improvement Act. Tribal Chairperson. alternative systems will not eliminate the Thank you for your support of American right of federal employees to engage in col- Indian/Alaska Native higher education. lective bargaining. Sincerely, PINOLEVILLE INDIAN RESERVATION We hereby certify that Resolution No. 98– LANA REDEYE, RESOLUTION #10–15–96–01 10 was duly considered, voted upon, and Member, Haskell Board of Regents, Haskell Indian Nations University Administra- passed unanimously on this 6th day of May, United tive Systems Act of 1996 1998, during the annual spring meeting of the Southern and Eastern Tribes Representative. Whereas Haskell’s vision is to become a na- National Haskell Board of Regents, held on tional center for Indian education, research the campus of Haskell Indian Nations Uni- NATIONAL HASKELL BOARD OF REGENTS, and cultural programs that increase knowl- versity at which a quorum was present. Lawrence, KS, October 2, 1998. edge and support the educational needs of DEAR CONGRESSMAN SNOWBARGER: Thank American Indians/Alaska Natives; and SENECA NATION OF INDIANS, you for introducing H. R. 4259, the ‘‘Haskell Whereas Haskell has identified the need to COMMUNITY PLANNING AND DEVEL- Indian Nations University and Southwestern properly administer a quality educational OPMENT DEPARTMENT, Indian Polytechnic Institute Administrative and student life program for American In- Irving, NY and Salamanca, NY, July 24, 1998. Systems Act of 1998.’’ dian/Alaska Native students attending Has- Hon. VINCE SNOWBARGER, The effort to secure congressional action kell; and Cannon House Office Building, Washington, to further Haskell’s transition to a 4-year Whereas Haskell’s ability to make a suc- DC. university has had long-standing support cessful transition from a junior college to a DEAR CONGRESSMAN SNOWBARGER: I am from the Kansas Congressional delegation, university vision is being compromised by writing to ask for your strong support of the National Haskell Board of Regents, the not having control of their administrative H.R. 4259—‘‘Native American Higher Edu- federally recognized tribes, and the employ- systems; and cation Improvement Act.’’ ees of Haskell. Whereas the lack of control affects the A vote for this legislation is a vote for im- Section 365 of the ‘‘Improving America’s proving the delivery of higher education to quality of higher education offered to Amer- Schools Act’’ (10/20/94) mandated that ‘‘the ican Indian students; and American Indians and Alaska Natives. Secretary of the Interior shall conduct a This legislation provides the authority for Whereas the Board of Regents of Haskell study [of administrative systems], in con- Indian Nations University seeks to increase Haskell Indian Nations University (‘‘Has- sultation with the Board of Regents of Has- kell’’) and Southwestern Indian Polytechnic local control of the university with the pas- kell . . . [And] if the study’s conclusions re- sage of appropriate legislation: Now there- Institute (‘‘SIPI’’) to initiate demonstration quire legislation to be implemented, the projects for the development of personnel fore be it study shall be accompanied by appropriate Resolved, That the Pinoleville Band of systems suitable for each school. The main draft legislation.’’ That legislation was first purpose of each demonstration project is to Pomo Indians of the Pinoleville Indian Res- introduced in the 104th Congress. Your con- ervation supports Haskell’s Board of Regents develop classification and hiring systems tinued support is appreciated. that are more appropriate and more efficient efforts to gain legislation that provides a I understand that the intent of H. R. 4259 is greater degree of autonomy for Haskell In- in providing the education programs that to give Haskell the authority to have the meet the needs of American Indians and dian Nations University in its transition to a personnel function moved on campus and to 4-year university. Alaska Natives. design the personnel system in a way that At present, Haskell and SIPI are the only meets the needs of an institution of higher CERTIFICATION two Bureau of Indian Affairs institutions education. These improvements will be a The Tribal Council of the Pinoleville In- which are still required to follow the current great support to the quality of education dian Reservation does hereby certify at a Civil Service personnel system, a system not being provided to the American Indian/Alas- meeting duly called, noticed, and convened designed to serve the needs of institutions of ka Native people. on the 15th day of October, 1996 where a higher education. The other twenty-eight Respectfully yours, quorum was present, this action was duly members of the American Indian Higher JEAN WAGNER, adopted by a vote of 4 for, 0 against, and 1 Education Consortium (AIHEC) have estab- Student Senate President and Member, abstaining. lished personnel systems appropriate to col- National Haskell Board of Regents. LEONA L. WILLIAM, lege systems and thus are not required to ad- Tribal Chairperson. here to the Civil Service system. Likewise, TABLE BLUFF RESERVATION WIYOT TRIBE LENORA BROWN, the over 200 other BIA schools (elementary RESOLUTION #66 Secretary. and secondary schools) are not required to Haskell Indian Nations University Administra- follow the Civil Service system, having al- ELK VALLEY RANCHERIA ready been authorized through legislation to tive System Act of 1996 RESOLUTION 96–14 establish alternative personnel systems ap- Whereas Haskell’s vision is to become a na- propriate for education institutions. tional center for Indian education, research Haskell Indian Nations University Administra- National Haskell Board of Regents ‘‘Reso- and cultural programs that increase knowl- tive Systems Act of 1996 lution 98–10,’’ approved unanimously on May edge and support the educational needs of Whereas: the Elk Valley Rancheria is a 6th, 1998, reflects strong support for this leg- American Indian/Alaska Natives; and, Federally recognized Indian Tribe, pursuant islation developed through input from not Whereas Haskell has identified the need to to Tillie Hardwick et al vs United States, only the Board of Regents members, but also properly administer a quality educational Civil No. C–79–171–SW, as having Tribal sov- from faculty, staff, NFFE local #45, and trib- and student life program for American In- ereignty status: and October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9635

Whereas: the Elk Valley Rancheris has CERTIFICATION vision is to become a national center for In- been fully authorized to exercise full govern- I, the undersigned, the Secretary of the dian education, research and cultural pro- mental powers and responsibilities through Agua Caliente Band of Cahuilla Indians, grams that increase knowledge and support the Elk Valley Rancheria Tribal Council: hereby certify that the Tribal Council is the education needs of American Indian/ and composed of five members of whom 5, con- Alaska Natives; and, Whereas: Haskell’s vision is to become a stituting a quorum, were present at a meet- Whereas, Cabazon Band of Mission Indians national center for Indian education, re- ing whereof, duly called, and noticed, con- recognizes that Haskell’s ability to make a search and cultural programs that increase vened and held this 5th day of November successful transition from a junior college to knowledge and support the educational needs 1996; that the foregoing resolution was duly a university vision is being compromised by of American Indian/Alaska Natives: and adopted at such meeting by the affirmative not having control of their administrative Whereas: Haskell has identified the need to vote of 4–0–0 members and that said Resolu- systems; and, properly administer a quality educational tion has not been rescinded or amended in Whereas, Cabazon Band of Mission Indians and student life program for American In- any way. has determined that this lack of control af- dian and Alaska Native students attending MARCUS J. PETE, fects the quality of higher education offered Haskell; and Secretary/Treasurer. to American Indian students; and, Whereas: Haskell’s ability to make a suc- Whereas, The Board of Regents of Haskell cessful transition from a junior college to a AKUTAN TRADITIONAL COUNCIL Indians Nations University seeks to increase university vision is being compromised by RESOLUTION 96–21 local control of the university with the pas- not having control of their administrative sage of appropriate legislation; now There- systems; and Haskell Indian Nations University Administra- fore Be It Whereas: the lack of control affects the tive Systems Act of 1996 quality of higher education offered to Amer- Whereas, Haskell’s vision is to become a Resolved that the Cabazon Band of Mission ican Indian students; and national center for Indian education, re- Indians supports Haskell’s Board of Regents Whereas: the Board of Regents of Haskell search and cultural programs that increase efforts to gain legislation that provides a Indian Nations University seeks to increase knowledge and support the educational needs greater degree of autonomy for Haskell In- local control of the university with the pas- of American Indian/Alaska Natives; and, dian Nations University in its transition to a sage of appropriate legislation; then Whereas, Haskell’s has identified the need 4-year university. Therefore Be It Resolved: that the Tribal to properly administer a quality educational CERTIFICATION Council of Elk Valley Rancheria supports and student life program for American In- This is to certify that the above resolution Haskell’s Board of Regents efforts to gain dian and Alaska Native students attending was adopted by the Cabazon Band of Mission legislation that provides a greater degree of Haskell; and, Indians Business Committee by a vote of 5 Whereas, Haskell’s ability to make a suc- autonomy for Haskell Indian Nations Uni- for, 0 against 0 abstaining at a duly called cessful transition from a junior college to a versity in its transition to a 4-year univer- meeting on October 9, 1996. sity. university vision is being compromised by JOHN JAMES. not having control of their administrative CERTIFICATION CHARLES WELMAS. systems; and, We the unresigned officers of the Elk Val- ELISA WELMAS. Whereas, the lack of control affects the ley Rancheria Tribal Council do hereby cer- BRENDA SOULLIERE. quality of higher education offered to Amer- tify that the Elk Valley Rancheria Tribal VIRGINIA NICHOLS. ican Indian students; and, Council adopted this Resolution Number 96– JOHN WELMAS. Whereas, the Board of Regents of Haskell 14 on November 20, 1996. This Resolution has Indian Nations University seeks to increase not been amended in anyway nor rescinded. local control of the university with the pas- SOBOBA BAND OF MISSION INDIANS JOHN D. GREEN, sage of appropriate legislation; Tribal Chairman, Elk Valley RES. NO. CR96–HIC–55 Now Therefore Be It Resolved, that the Re: Supporting legislation granting admin- Rancheria Tribal Council. Akutan Traditional Council supports Has- Attested: BRENDA GREEN, istrative oversight to Haskell Indian Nations kell’s Board of Regents efforts to gain legis- University Council Secretary. lation that provides a greater degree of au- tonomy for Haskell Indian Nations Univer- Whereas, Haskell’s vision is to become a RESOLUTION NO. 58–96 sity in its transition to a 4-year university national center for Indian education, re- Haskell Indian Nations University Administra- search and cultural programs that increase CERTIFICATION tive Systems Act of 1996 knowledge and support the educational needs I, the undersigned, as President of the Whereas, The Agua Caliente Band of of American Indian/Alaska Natives; and Akutan Traditional Council hereby certify Cahuilla Indians (the ‘‘Tribe’’) is a federally- Whereas, Haskell has identified the need to this resolution on this 29th day of October, recognized Indian Tribe governing itself ac- properly administer a quality educational 1996. cording to a Constitution and By-laws and and student life program for American In- ——— ———, exercising sovereign authority over the lands dian and Alaska Native students attending President. of the Agua Caliente Indian Reservation; and Haskell; and Whereas, Haskell’s vision is to become a Whereas, Haskell’s ability to make a suc- CABAZON BAND OF MISSION INDIANS, national center for Indian education, re- cessful transition from a junior college to a 84–245 INDIO SPRINGS DRIVE, search and cultural programs that increase university vision is being compromised by Indio, CA, October 22, 1996. knowledge and support the educational needs not having control of their administrative BOB G. MARTIN, of American Indian/Alaska Natives; and systems; and Whereas, Haskell has identified the need to President, Haskell Indian Nations University, Whereas, the lack of control affects the properly administer a quality educational U.S. Department of the Interior, Bureau of quality of higher education offered to Amer- and student life program for American In- Indian Affairs, Lawrence, KS. ican Indian students; and DEAR DR. MARTIN: The tribal business com- dian and Alaska Native students attending Whereas, the Board of Regents of Haskell mittee has reviewed your letter regarding Haskell; and Indian Nations University seeks to increase transition to a four year university, and we Whereas, Haskell’s ability to make a suc- local control of the university with the pas- believe this is an effort worth tribal support. cessful transition from a junior college to a sage of appropriate legislation. We have enclosed a tribal resolution to that university vision is being compromised by Now Therefore Be It Resolved, that the not having control of their administrative effect. Sincerely, Soboba Band of Mission Indians supports systems; and Haskell’s Board of Regents effort to gain leg- Whereas, the lack of control affects the MARK NICHOLS, Chief Executive Officer. islation that provides a greater degree of au- quality of higher education offered to Amer- tonomy for Haskell Indian Nations Univer- ican Indian students; and RESOLUTION NO. 10–9–96–3 sity in its transition to a 4-year university. Whereas, the Board of Regents of Haskell Re: Legislation to Support Granting Ad- Indian Nations University seeks to increase ministrative Oversight to Haskell Indian Na- CERTIFICATION local control of the university with the pas- tions University We the elected members of the Tribal sage of appropriate legislation. Whereas, Cabazon Band of Mission Indians Council of the Soboba Band of Mission Indi- Now, Therefore Be It Resolved, that the is a federally recognized Indian Tribe with ans do hereby certify that the foregoing Res- Tribal Council of the Agua Caliente Band of powers of self-government pursuant to its ar- olution was adopted by the Soboba Tribal Cahuilla Indians supports Haskell’s Board of ticles of association; and Council at a duly held meeting convened on Regents efforts to gain legislation that pro- Whereas, Cabazon Band of Mission Indians the Soboba Indian Reservation on October vides a greater degree of autonomy for Has- Business Committee is fully aware of its op- 15, 1996 by a vote 5 ‘‘FOR’’, 0 ‘‘Against’’, and kell Indian Nations University in this transi- tions relative to role, functions, authorities 0 ‘‘ABSTAINING’’ and such Resolution has tion to a 4-Year university. and responsibilities, and not been rescinded or amended in any way. RICHARD M. MILANOVICH, Whereas, Cabazon Band of Mission Indians CARL LOPEZ, Chairman. General Council understands that Haskell’s Chairman. H9636 CONGRESSIONAL RECORD — HOUSE October 6, 1998

TORRES MARTINEZ DESERT CAHUILLA INDIANS Whereas, Haskell has identified the need to STOCKBRIDGE-MUNSEE COMMUNITY, RESOLUTION #10–96–02 properly administer a quality educational RESOLUTION NO. 087–96 Haskell Indian Nations University Administra- and student life program for American In- Whereas, the Stockbridge-Munsee Commu- tive Systems Act of 1996 dian and Alaska Native students attending nity, Band of Mohican Indians, is a federally Haskell; and recognized Indian Tribe, exercising its sov- Whereas, Haskell’s vision is to become a Whereas, Haskell’s ability to make a suc- ereign duties and responsibilities under a national center for Indian education, re- cessful transition from a junior college to a Constitution approved November 18, 1937; search and cultural programs that increase university vision is being comprised by not and knowledge and support the educational needs having control of their administrative sys- Whereas, the Stockbridge-Munsee Band of of American Indian/Alaska Natives; and tems; and Mohican Indians has always given education Whereas, Haskell has identified the need to a high priority among its people, and several properly administer a quality educational Whereas, the lack of control affects the quality of higher education offered to Amer- tribal members have attended Haskell Insti- and student life program for American In- tute over the years; and dian and Alaska Native students attending ican Indian students; and Whereas, the Board of Regents of Haskell Whereas, Haskell’s vision is to become a Haskell; and, national center for Indian education, re- Indian Nations University seeks to increase Whereas, Haskell’s ability to make a suc- search and cultural programs that increase local control of the university with the pas- cessful transition from a junior college to a knowledge and support the educational needs sage of appropriate legislation. university vision is being compromised by of American Indian/Alaskan Natives; and not having control of their administrative Therefore be it resolved, That the Upper Whereas, Haskell has identified the need to systems; and Sioux Indian Community of Granite Falls, properly administer a quality educational Whereas, the lack of control affects the Minnesota supports Haskell’s Board of Re- and student life program for American In- quality of higher education offered to Amer- gents efforts to gain legislation that pro- dian and Alaska Native students attending ican Indian students; and, vides a greater degree of autonomy for Has- Haskell; and Whereas, the Board of Regents of Haskell kell Indian Nations University in its transi- Whereas, Haskell’s ability to make a suc- Indian Nations University seeks to increase tion to a 4-year university. cessful transition from a junior college to a local control of the university with the pas- university vision is being compromised by sage of appropriate legislation; ONEIDA TRIBE OF INDIANS OF WISCONSIN, not having control of their administrative Now Therefore Be It Resolved, that the RESOLUTION 6–12–96–B systems, which control affects the quality of Torres Martinez Desert Cahuilla Indians na- Whereas, the Oneida Tribe of Indians of higher education offered to American Indian tion supports Haskell’s Board of Regents ef- Wisconsin is a federally recognized Indian students; and forts to gain legislation that provides a Whereas, The Board of Regents of Haskell government and a treaty tribe recognized by greater degree of autonomy for Haskell In- Indian Nations University seeks to increase the laws of the United States, and dian Nations University in its transition to a local control of the university with the pas- Whereas, the Oneida General Tribal Coun- 4-year university sage of appropriate legislation; now cil is the governing body of the Oneida Tribe CERTIFICATION Therefore Be It Resolved, That the Stock- of Indians of Wisconsin, and bridge-Munsee Band of Mohicans supports We the undersigned, as the elected tribal Whereas, the Oneida Business Committee Haskell’s Board of Regents efforts to gain council of the Torres Martinez Desert has been delegate the authority of Article legislation that provides a greater degree of Cahuilla Indians Nation, hereby certify this IV, Section 1 of the Oneida Tribal Constitu- autonomy for Haskell Indian Nations Uni- resolution on this 12th day of October, 1996, tion by the Oneida General Tribal Council, versity in its transition to a 4-year univer- and was ratified by our General Council on and sity. 12th day of October, 1996. Whereas, Haskell’s vision is to become a CERTIFICATION MARY E. BELARDO, national center for Indian education, re- I, the undersigned, as Secretary of the Chairperson. search and cultural programs that increase Stockbridge-Munsee Tribal Council, do here- PAULINE DURO, knowledge and support the educational needs by certify that the Tribal Council is com- Vice Chairperson. of American Indian/Alaska Natives, and prised of seven members of whom 7, con- HELEN L. JOSE, Whereas, Haskell has identified the need to Treasurer. stituting a quorum were present at a meet- properly administer a quality educational ing duly called, noticed, and convened on the CINDY SIBOLE, and student life program for American In- Secretary. 17th day of October, 1996, and that the fore- dian and Alaska Native students attending going resolution was adopted at such meet- MARY L. RESVALOSO, Haskell; and Council Member. ing by a vote of 6 members for, 0 members Whereas, Haskell’s ability to make a suc- against, and 0 members abstaining, and that cessful transition from a junior college to a said resolution was not rescinded or amended UPPER SIOUX COMMUNITY university vision is being compromised by BOARD OF TRUSTEES, in any way. not having control of their administrative VIRGIL MURPHY, Granite Falls, MN, October 17, 1996. systems; and Mr. BOB MARTIN, President. Whereas, the lack of control affects the President, Haskell Indian Junior College, CAROL GOSS, quality of higher education offered to Amer- Lawrence, KS. Council Secretary. ican Indian students; and DEAR MR. MARTIN: On behalf of the Upper Sioux Board of Trustees, I am pleased to en- Whereas, the Board of Regents of Haskell QUILEUTE TRIBAL COUNCIL, RESOLUTION close our Resolution of support for Haskell Indian Nations University seeks to increase NUMBER 96–A–87 to become a 4-year University. local control of the university with the pas- Whereas, the Quileute Indian Tribe is an We wish your organization well in this en- sage of appropriate legislation; organized Indian Tribe under the Indian Re- deavor. Now therefore be it resolved, That the Oneida organization Act; and the Quileute Tribal Sincerely, Nation supports Haskell’s Board of Regents Council is the duly constituted governing BRAD LERSCHEN, efforts to gain legislation that provides a body of the Quileute Indian Tribe; by author- Executive Secretary. greater degree of autonomy for Haskell In- ity of Article III of the Constitution and By- dian Nations University in its transition to a Laws of the Quileute Indian Tribe approved UPPER SIOUX COMMUNITY BOARD OF 4-year university. by the Secretary of the Interior on Novem- TRUSTEES, USC RESOLUTION NO. 50–96 Be it Further Resolved this nation encour- ber 11, 1936; and, Whereas, the Upper Sioux Community of ages Congressperson Toby Roth to vote ap- Whereas, the Quileute Indian Tribe enjoys Granite Falls, MN is a federally recognized proval of this legislation. rights reserved to it by the Treaty of Olym- Indian Community possessing the powers of CERTIFICATION pia of 1855 and the Quileute Tribe Council self-government and self-determination, and has the responsibility under the Constitution is governed by the Constitution of the Upper I, the undersigned, as Secretary of the to ‘‘promulgate and enforce ordinances. Sioux Community; and Oneida Business Committee, hereby certify . . .’’; and, Whereas, the Upper Sioux Community has that the Oneida Business Committee is com- Whereas, Haskell’s vision is to become a an elected governing body called the Upper posed of 9 members of whom 5 members con- national center for Indian education, re- Sioux Board of Trustees which is empowered stitute a quorum. 9 members were present at search and cultural programs that increase by the Tribal constitution to act on behalf of a meeting duly called, noticed and held on knowledge and support the educational needs the members of the Upper Sioux Community; the 12th day of June, 1996; that the foregoing of American Indian/Alaska Natives; and and resolution was duly adopted at such a meet- Whereas, Haskell’s has identified the need Whereas, Haskell Indian Nations Univer- ing by a vote of 8 members for; 0 members to properly administer a quality educational sity’s vision is to become a national center against; and 0 members not voting; and that and student life program for American In- for Indian education, research and cultural said resolution has not been rescinded or dian and Alaska Native students attending programs that increase knowledge and sup- amended in any way. Haskell; and, port the educational needs of American In- JULIE BARTON, Whereas, Haskell’s ability to make a suc- dian/Alaska Natives; and Secretary, Oneida Business Committee. cessful transition from a junior college to a October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9637 university vision is being compromised by held on the 22nd day of OCTOBER, 1996, a sole authority, and I emphasize that, not having control of their administrative quorum being present and approving the res- sole authority, to the universities’ systems; and, olution by a vote of 4 FOR, 0 AGAINST, 0 presidents to determine the methods of Whereas, the lack of control affects the ABSTAINING, 1 NOT VOTING ITS ADOP- involving employees, labor organiza- quality of higher education offered to Amer- TION. tions and employee organizations in ican Indian students; and, MICHELLE HAMILTON, Whereas, the Board of Regents of Haskell Secretary, Puyallup Tribal Council. personnel decisions. This provision Indian Nations University seeks to increase BILL STERUD, eliminates the rights and protections local control of the university with the pas- Chairman, Puyallup Tribal Council. currently available to the employees sage of appropriate legislation; Mr. SNOWBARGER. Mr. Chairman, I and their union. It is unwarranted, un- Now Therefore Be It Resolved, That the believe that passage of this legislation fair and a terminal flaw in this bill. Quileute Nation supports Haskell’s Board of is critical to provide Haskell Indian Mr. Chairman, I oppose the bill as in- Regents’ efforts to gain legislation that pro- troduced, and I will offer an amend- vides a greater degree of autonomy for Has- Nations University and Southwestern Indian Polytechnic Institute the oppor- ment in the nature of a substitute at kell Indian Nations University in its transi- the appropriate time. tion to a 4-year university. tunity to provide the best possible edu- Mr. Chairman, I reserve the balance DOUGLAS WOODRUFF, cation for our Native American and of my time. Chairman, Quileute Tribal Council. Alaskan Indian students. Mr. SNOWBARGER. Mr. Chairman, CERTIFICATION Mr. Chairman, I reserve the balance just real briefly, the Board of Regents lll of my time. I certify that Resolution Number is the entity that is instructed to work was adopted at the regular meeting of the Mr. CUMMINGS. Mr. Chairman, I with the president in consultation, and Quileute Tribal Council at LaPush, Washing- yield myself such time as I may con- ton, on the 31st day of October, 1996 at a time sume. also the Secretary of Interior has veto a quorum was present and the Resolution Mr. Chairman, I strongly oppose H.R. authority over any plan. He can shut it was adopted by a vote of 3 for and 0 against 4259, because the bill would allow Has- down at any point in time. on the 31st day of October, 1996. kell and Southwestern Indian Univer- With that, Mr. Chairman, I yield 4 minutes to the gentleman from Ari- sities to undertake personnel dem- PUYALLUP TRIBAL COUNCIL RESOLUTION NO. zona (Mr. HAYWORTH). onstration projects that would exempt 221096 Mr. HAYWORTH. Mr. Chairman, I them from civil service laws covering Supporting legislation granting adminis- thank my colleague from Kansas for trative oversight to Haskell Indian Nations labor-management relations. That is a introducing this resolution, and I rise University to be known as: ‘‘Haskell Indian very, very important exemption. Em- in strong support of the legislation. I Nations University Administrative Systems ployee organizations would as a result would like to also thank my friend Act of 1996’’ no longer have any input into the de- from Maryland for whom I have a great Whereas, the Puyallup Tribe has existed velopment of personnel policies and deal of personal respect for offering his since creation as the aboriginal people who procedures. perspective on this issue and on this are the owners and guardians of their lands I do believe that the gentleman’s in- and waters; and debate. tentions are good, but at the same time Mr. Chairman, it is a fairly simple Whereas, the Puyallup Tribe is an inde- we have a bill which would eliminate pendent sovereign nation, having histori- question we are here to decide today, cally negotiated with several foreign na- the Office of Personnel Management’s and I appreciate the intellectual can- tions, including the United States in the authority to oversee this demonstra- dor of my colleague from Maryland, be- Medicine Creek Treaty; and tion project. OPM would be reduced to cause in essence what he is asking us Whereas; the Puyallup Tribal Council is the role of a consultant. We simply to do is to make a choice. Are we in the governing body of the Puyallup Tribe in cannot have that. It would not be able favor of educating the first Americans, accordance with the authority of its sov- to exercise the scrutiny and ensure the ereign rights as the aboriginal owners and and do we owe our first allegiance to accountability as it is required to do the education of the first Americans, guardians of their lands and waters, re- under current law. affirmed in the Medicine Creek Treaty, and or do we instead owe our allegiance to their Constitution and By-Laws, as amended; During full committee consideration the unions? That is the question here. and of H.R. 4259, I offered an amendment I represent more Native Americans Whereas, Haskell’s vision is to become a that would have allowed these institu- than anyone else in the contiguous national center for Indian education, re- tions to participate in a personnel dem- United States. The Sixth District of search and cultural programs that increase onstration project under current law Arizona in square mileage is roughly knowledge and support the educational needs which would have allowed OPM to the size of the Commonwealth of Penn- of American Indian/Alaska Natives; and, maintain control and oversight over sylvania. Within the Sixth District of Whereas, Haskell has identified the need to the process which they are mandated properly administer a quality educational Arizona are several schools under the and student life program for American In- to do and maintain the right of the em- control of the Bureau of Indian Affairs. dian and Alaska Native students attending ployees and their unions to negotiate Mr. Chairman, we should make this Haskell; and, over the terms of the project. No hear- point: When it comes to education, the Whereas, Haskell’s ability to make a suc- ings on the issue were held by the Sub- Bureau of Indian Affairs, in controlling cessful transition from a junior college to a committee on Civil Service, and there schools grades K through 12, has al- university vision is being compromised by is nothing in the record that supports ready been authorized through legisla- now having control of their administrative the proponents’ view that these univer- tion to establish these alternative per- systems; and, sities need special authority to explore sonnel methods appropriate for edu- Whereas, the lack of control affects the quality of higher education offered to Amer- new personnel practices. cational systems. That has happened ican Indian students; and, In May of 1998, the National Haskell for grades K through 12. But now we Whereas, the Board of Regents of Haskell Board of Regents resolved that an al- have a situation where we come to two Indian Nations University seeks to increase ternative personnel system be devel- institutions of higher learning and the local control of the university with the pas- oped, but that, and I quote, implemen- status quo is saying, ‘‘No, whatever sage of appropriate legislation; tation not eliminate the right of Fed- you do, don’t change the personnel Now Therefore Be It Resolved, That the Puy- eral employees to engage in collective methods. Make sure that civil service allup Tribe of Indians supports Haskell’s bargaining. Haskell Indian University’s rules and, more importantly, that Board of Regents efforts to gain legislation Faculty Senate expressed strong sup- unions control the educational proc- that provides a greater degree of autonomy for Haskell Indian Nations University in its port for the resolution in a letter to ess.’’ transition to a 4-year university. the Board dated June 30, 1998. I noticed with interest the criticism Despite passage of the Board’s resolu- came because the university presidents CERTIFICATION tion and attempts by the National Fed- would be given control of personnel de- I, Michelle Hamilton, Secretary of the eration of Federal Employees Local 45 cisions pertaining to education. Hor- Puyallup Tribal Council of the Puyallup Tribe of the Puyallup Reservation, in Ta- to negotiate an agreement providing rors. The school presidents in charge of coma, Washington, do hereby certify that for the demonstration projects with personnel and curricula at the schools? the proceeding resolution was duly adopted the universities, the author of this bill To me, far from being a foreboding by the Puyallup Tribal Council, at a meeting included language that would grant step, that is a commonsense approach. H9638 CONGRESSIONAL RECORD — HOUSE October 6, 1998 An elder on the Navajo Nation, Mr. have not been given sufficient time or I believe what we have got to do is to Chairman, put it quite succinctly and given reasonable opportunity to be in- recognize that the work that is being clearly to me during a town hall meet- volved in the development of this con- done today through this bill would ing there when he said to me, ‘‘Con- cept. That is the demonstration allow these two universities to attract gressman, as far as I’m concerned, BIA, project. It is our desire to be involved. and keep through their recruitment op- those letters stand for three things: They go on to say: portunities that they have the chance Bossing Indians around.’’ You persist in pushing without ask- for a marketplace answer, and that is Now, I know there are a lot of dedi- ing the people at Haskell Indian Na- why I am in full support of this bill cated workers in the BIA, and I appre- tions University what their views are that is before us today, and I hope that ciate the BIA’s foresight in elementary and what we feel about this legislation. Members of the Congress are able to schools and other controlled schools to Again, keep in mind this legislation recognize that this would be good for say education is more important than was never presented before the Sub- these two Indian Nation universities to union bargaining. I would simply say committee on Civil Service. We could have. that we should follow the example not have had all of these views, we could Mr. CUMMINGS. Mr. Chairman, I to have anyone outside the educational have had an opportunity to flesh all of yield myself such time as I may con- institution presume to boss around or this out and come up with a reasonable sume. dictate or somehow dilute the primary solution to my colleague’s concerns, To the point that was just made by mission of the institution, to educate but we did not do that, and so we are my distinguished colleague from Texas the first Americans, the first Ameri- here today. (Mr. SESSIONS), I am concerned because cans who are too often the forgotten And let me just go on to just quote what we have in the United States is Americans. just a bit more from that letter from uniformity with regard to retirement As my colleague from Kansas pointed Michael Tossi, the President of the plans. Different retirement and insur- out, during the period of time this leg- Local 45 union there at the university. ance programs could create undesirable islation was being worked on, union He said, and I quote: inequities in the compensation pro- representatives were involved. They We resent what you are doing and the grams when Federal employees move have a place at the table. But the ques- manner you are doing it. It is unscru- in and out of the system. That is a tion becomes, who should control insti- pulous, unprincipled and discrimina- major problem, and that does concern tutions of higher learning, educators or tory. me, and that is one of the very reasons union bosses? That is what he said, and a univer- why the matter should have come be- This is not a very difficult question sity is not just students. A university fore the committee, so that OPM could to answer. Educators should control is the faculty, the university is stu- have an opportunity to give their side this. It should follow the blueprint of- dents, and the university is employees. of this to figure out how this matter fered for other schools within the BIA Mr. Chairman, I reserve the balance could be worked out as opposed to us framework as these two institutions of my time. trying to push it through without the have that unique status as institutions Mr. SNOWBARGER. Mr. Chairman, I proper deliberation. And I emphasize of higher learning overseen by the BIA. yield 2 minutes to my colleague, the that. I call for those better instincts and gentleman from Texas (Mr. SESSIONS). I want to go on and just emphasize those efforts of many dedicated em- Mr. SESSIONS. Mr. Chairman, I ap- some other things. ployees by the BIA not to boss Indians preciate the gentleman from Kansas What we are trying to do, what the around, but to preserve education. and also have great respect for the gen- bill, the intent of the bill, as I under- I gladly and strongly support the leg- tleman from Maryland who he and I sit stand it, is to, one of the intentions is islation. on the subcommittee together, and I to have certain demonstration Mr. CUMMINGS. Mr. Chairman, I will tell my colleagues, Mr. Chairman, projects. Well, demonstration projects yield myself such time as I may con- that the bottom line is that what this under current law will allow the insti- sume. is all about is whether we are going to tutions to request that the professors’ In response to what the gentleman help two schools in Kansas, the Haskell jobs be reclassified at a higher grade. from Arizona (Mr. HAYWORTH) just Indian Nations University and South- There are other ways to provide for in- said, there are two points that I would western Indian Polytechnic Institute, creased pay for instructors which does like to make. At any university, Mr. be able to compete in the marketplace not violate civil service rules and could Chairman, a very important part of to be able to get the kinds of teachers have been discussed if a hearing was that university, of course, are your stu- and professors that the marketplace held. OPM has expressed a willingness dents. But it is also the faculty that regularly has, but that they will be un- to work with the institutions to facili- plays a very significant role, too, and able to attract directly related to rules tate an alternative personnel system, those people that make the university of the Federal Government. and OPM is very serious about this be- work; that is, the employees of the This is a marketplace issue. It is an cause they want to make sure that school. Back on June 30, 1998, a memo issue about the things, the way to hire they have the uniformity that I talked was sent to the members of the Board employees and the way to keep em- about a little bit earlier. of Regents from the Faculty Senate, ployees. These institutions are funded en- and they expressly stated, and I quote, One of the bottom line employment tirely, and I emphasize that, entirely that they did not want to, quote, elimi- problems is always the portability of a with Federal dollars and should be sub- nate the right of Federal employees to retirement plan. The wisdom of this ject to the same civil service laws as engage in collective bargaining. plan that my colleague from Kansas other Federal agencies. Local employ- presents today is one that would allow ees do not support Mr. SNOWBARGER’s b 1445 these two universities the opportunity proposal, as I stated a little bit earlier. Another thing that was stated by the to have a portability of a retirement The National Federation of Federal gentleman from Arizona (Mr. plan. The way the law exists today is Employees objects to going forward HAYWORTH) with regard to employees that someone would have to stay em- with this bill as currently written and saying that they had an opportunity to ployed in a job literally for the rest of has submitted a letter documenting be at the table, whatever. In a letter their working career before they were their objections. dated July 23, 1998, a letter from Mi- able to get back that retirement that Mr. Chairman, I reserve the balance chael Tossi, President of Local 45, the they had saved all these years. of my time. National Federation of Federal Em- The bottom line is the marketplace Mr. SNOWBARGER. Mr. Chairman, I ployees, addressed to the gentleman in academics does not work that way. yield 2 minutes to my colleague, the from Kansas (Mr. SNOWBARGER), and I Professors come and go. Professors gentleman from Kansas (Mr. RYUN). quote part of it because it is quite a have new callings that perhaps they Mr. RYUN. Mr. Chairman, first of all long letter, it says: want to leave and have a sabbatical or I would like to thank my colleague for The employees, the majority of write a book or teach at another uni- bringing this important issue to the whom are American Indians, feel we versity. floor because our Nation’s education is October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9639 at a crossroads. Because other coun- ited role provided to OPM by this bill ment Act. This legislation provides tries are sending their students to our would be insufficient to assure ade- much needed flexibility for these two shores, we must provide our children quate accountability through inde- Indian colleges, Haskell Indian Nations with the best possible quality edu- pendent oversight, and I emphasize University and Southwestern Indian cation. That is why I rise in support of that, independent oversight of these Polytechnic Institute. Both are run by H.R. 4259. demonstration projects, particularly the Bureau of Indian Affairs, and be- This bill does resolve some of the since Section 4(h)(2)(B)(ii) would allow cause these institutions are run by the problems facing both of our two Indian continuation of any alternative system Federal Government and their regula- or Native American colleges. Haskell of employee benefits even if the dem- tions, they must operate within the Indian Nations University in Lawrence, onstration project were terminated. confines of the civil service system, Kansas, has some of the brightest stu- That is a major problem. The legisla- and this has created a problem in at- dents in the land, but for years Con- tion does not require a serious evalua- tracting and employing qualified in- gress has required this institution to tion of results of an alternative system structors. operate as a Federal bureaucracy in- prior to that system being made per- Now, Haskell Indian Nations Univer- stead of a center for learning. This is manent. sity, as my colleagues know, is located wrong. This bill will change that, and And so, Mr. Chairman, I tell my col- in my home State of Kansas, and over we need to be able to make sure we leagues I understand the intent of the 900 students attend Haskell each year give the students at Haskell every op- gentleman from Kansas (Mr. from 36 States, but the majority of portunity and advantage they should SNOWBARGER) and those who support those students come from Oklahoma, have. And instead of making learning this bill, but at the same time we have Arizona, New Mexico, Montana and more difficult, we should pursue ways to keep some very important things in Kansas. Over the past few years Has- to help Native American Indians to mind. Whether we like it or not, the in- kell has transformed from a junior col- achieve success in education. stitutions are supported solely with lege into a 4-year institution, and in Every Native American tribe in Kan- Federal funds, and that is very, very the spring of 1996, Haskell conferred its sas, and I want to emphasize that, significant, and it is not about a ques- first baccalaureate degrees in elemen- every Native American tribe in Kansas, tion, as the gentleman from Kansas tary education. The university is now supports this legislation. Over 50 tribes (Mr. RYUN) said a few minutes ago, accredited to confer degrees in environ- across this country also support it. In about just having union involvement. mental education and Indian studies, fact, there is not any opposition from a Again, we are talking about a com- and they are working hard to progress single tribe with this legislation. munity. A university is a community: the educational opportunities for Na- This legislation is not about union employees, faculty and students, and tive Americans. membership, as some of the Members the arguments are being made as if the What we are considering today in from the opposite side of the aisle faculty and the employees are not this bill gives the Native American col- would like to suggest. This is about the American Indians. Well, they are, and leges the tools they much need to com- rights of Native Americans and their what they wanted was to merely have pete. rights to a quality education. an opportunity to participate in the b 1500 Supporting this legislation supports process. improved education for Native Amer- So I, for the life of me I understand Because without these tools, recruit- ican Indians. I encourage my col- what is being said, but at the same ment and retention of qualified faculty leagues on both sides of the aisle to time I think that if we are going to and staff is too difficult. support this educational measure and fight for the rights of these presidents Mr. Chairman, I have taught at the vote yes on this bill. to make these decisions to have these college level at two institutions of Mr. CUMMINGS. Mr. Chairman, I demonstration projects and then allow higher education. The last institution I yield myself such time as I may con- those demonstration projects to be- have taught at is Newman University sume. come permanent without any kind of located in Wichita, Kansas. Of the Mr. Chairman, I want to just quote oversight, I am very, very concerned greatest challenges that face Newman from an internal memo from OPM with about that, and I think we all should right now is the challenge of attracting regard to this legislation because I be concerned about that. qualified personnel because of limita- think it is very important that the Mr. Chairman, I reserve the balance tions on salary. If they are set too low, very institution, the Office of Person- of my time. they can not acquire the qualified per- nel Management, whose job it is to Mr. SNOWBARGER. Mr. Chairman, I sonnel or compete with larger schools, oversee this process, we need to know yield myself such time as I may con- larger institutions. what they say about all this because I sume. Haskell is facing the same problem think that is very, very important, and Mr. Chairman, if I can make some that Newman faces because their hands that is what basically this debate is all quick response here to the comments are tied by these government regula- about. my colleague made? OPM is not an ex- tions. Their efforts are restricted be- OPM, and I quote, OPM was given au- pert in running colleges and univer- cause the civil service system is not thority to oversee personnel manage- sities. The regents and presidents of structured for a university system. It ment demonstration projects by the Haskell and SIPI are. OPM has experi- is not structured in a way that they Civil Service Reform Act. OPM’s years ence in working with large Federal bu- can compete with salaries. of experience and expertise in the de- reaucracies. The regents and presidents This bill simply allows these two in- velopment, evaluation and oversight of of Haskell/SIPI work day to day in the stitutions the flexibility they need to such projects would not be used suffi- world of higher education. There is no compete with the university system. ciently if OPM were limited to a con- reason to give OPM a larger role. That, Mr. Chairman, is why I ask my sulting role at the discretion of the in- Where OPM has expertise to offer, both colleagues to join with me in support stitution’s presidents. Haskell and SIPI can and will ask for of this legislation. It would be inappropriate to establish its help. However, it is important to re- Mr. CUMMINGS. Mr. Chairman, I a demonstration project, and these are member that it is OPM’s rules and reg- yield myself such time as I may con- the people who have expertise in this. ulations that have made hiring and col- sume. These are the folks, it is their job to do lege recruiting, just to name two exam- Mr. Chairman, we are in a situation this. This is what they are saying. It ples, very difficult for these institu- where we are arguing this bill, but I do would be inappropriate to establish a tions. not think this bill is going to go but so demonstration project which could be Mr. Chairman, I yield 2 minutes to far anyway. made permanent as provided in Section the gentleman from Kansas (Mr. I just got a memo from the Executive 8 of the bill without the accountability TIAHRT). Office of the President, statement of provided by independent oversight, Mr. TIAHRT. Mr. Chairman, I rise administration policy. I will read it. I evaluation and scrutiny under the nor- today to support H.R. 4259, the Native think it makes the very points that I mal section 4703 procedures. The lim- American Higher Education Improve- have been making. H9640 CONGRESSIONAL RECORD — HOUSE October 6, 1998 It says, ready special rules within the BIA for They, too, have a right to see and be Although the administration believes that how they operate elementary schools. a part of how their institution goes for- additional personnel management flexibility But those rules do not apply to SIPI ward. They, too, have an interest in is appropriate for the Haskell Indian Nations and to Haskell. As a result, they have making sure that many of the stu- University and Southwestern Indian Poly- to operate under a system which is dents, who may very well be their chil- technic Institute, the administration op- rigid, which does not apply to them, dren or grandchildren, are treated fair, poses H.R. 4259. The bill would provide these where they have to try to make cum- and they, too, have an interest in mak- Federally owned and operated universities with special authority to implement 5-year bersome rules fit a situation that they ing sure that these universities remain personnel management demonstration just do not find themselves in. the great universities that they are. projects. I commend my colleague the gen- Mr. Chairman, let me just say this, In particular, the administration objects tleman from Kansas (Mr. SNOWBARGER) that first of all, I think that we all are to the demonstration projects authorized for bringing this legislation forward to concerned about our young people. We under H.R. 4259 because they would do the try to give these institutions the flexi- are concerned that they rise to the following: exempt these universities from bility they need to better do their job highest levels that they possibly can. laws covering Federal employees’ leave and and to educate our children. We are concerned that our universities, benefits, which could have a very real ad- I have been to SIPI and talked to the verse impact on the university’s employees wherever they may be, be the best that and would set a bad precedent for the devel- faculty there. I have talked to the they can be. I believe that, with all my opment of similar initiatives for other Fed- President of SIPI, President Elgin, and heart, and I believe that all Members of eral entities. they are supportive of this legislation. this Congress believe the same. Two, would reduce the Office of Personnel It takes them too long to hire profes- At the same time, we have to look at Management’s important role in the develop- sors. They cannot set out the require- the factors with regard to this legisla- ment, management, and oversight of dem- ments as they want to do for teachers. tion. I think the first thing we have to onstration projects to that of a consultant. The administration will work with Con- They need the flexibility to do this. start off with is that members of our gress to find a suitable means of addressing There is independent oversight of committee, our subcommittee, who are the concerns that prompted this legislation. these two schools. It is called a board very, very interested in the life and the I think that what has been stated of regents. It is something that Federal lives of our civil servants, those people here is what I have been saying before. Government agencies do not have, and who day out and day in make it pos- I do believe that there are ways to ad- OPM is probably not familiar with it. sible for all of us to do our jobs and Uniformity is probably, to para- dress the issues which are the intent of make it possible for these two univer- phrase, the hobgoblin of small minds. this legislation. But we must find a sities to exist, every member of that We have two small institutions here way to make sure that OPM keeps its subcommittee, every one of them is that need flexibility to do their job bet- oversight with regard to these issues. concerned about them; in addition to Uniformity becomes very significant. ter in a pilot program. the very institutions that those Fed- It is disappointing to me that the Ex- We can make the arguments from now eral employees support and make pos- ecutive Office of the President is pay- until forever more about how univer- sible. ing more attention to its own bureauc- sities are unique, and they are unique. We also are concerned about the Of- racy and the Office of Personnel Man- But there are departments that are fice of Personnel Management. That is agement and not attention to the unique, too, that have special needs an office which is duty bound, by legis- presidents, the faculty, and the stu- and special concerns. lation coming from this Congress, the But when we begin to carve out a dents whom I represent. Congress of the United States, saying I stand in support of this legislation, piece here and carve out a piece there, that there are certain things that they and I commend my colleague from taking away from the agency which have the authority to do and certain Kansas for bringing it to the House. has spent years honing in the exper- things that they have the responsibil- Mr. CUMMINGS. Mr. Chairman, I ity to do. So we also are concerned tise; and someone said a few moments yield myself such time as I may con- ago, one of my colleagues, said, no, that going back to that Subcommittee sume. on Civil Service that we never had an they are not experts in universities. Mr. Chairman, I just want to take a opportunity to go through this legisla- Well, the issues that we are talking moment and read from the current law, tion, to sit down and listen to the fac- about here, they are experts in. The in regard to employees’ involvement. ulty of these wonderful institutions. fact is is that this is what they do. This is section 40–703. I quote, it says, So I would submit that the state- We never had an opportunity to hear Employees within a unit with respect to from the presidents to see what they ment from the Executive Office of the which a labor organization is accorded exclu- President is very clear. They see it as sive recognition under chapter 71 of this title were going to say with all of this pro- clear as day that this thing can be shall not be included within any project posed new authority that the presi- worked out. The problems can be under subsection A of this section, one, if the dents of these universities will be worked out. They should be worked project would violate a collective bargaining given; never even had the opportunity out, not through the method that we agreement as defined in Section 71–038 of this to hear from even some students that are trying to do here, but other meth- title between the agency and the labor orga- may have had some concerns or par- ods. nization, unless there is another written ents of students who are paying tui- agreement with respect to the project be- tion; never had the opportunity. So Mr. Chairman, I reserve the balance tween the agency and the organization per- of my time. mitting the inclusion or, if the project is not that the committee, a very distin- Mr. SNOWBARGER. Mr. Chairman, I covered by such a collective bargaining guished committee, never had the op- yield 3 minutes to the gentlewoman agreement, until there has been consultation portunity to hear any of that. from New Mexico (Mrs. WILSON). or negotiation, as appropriate, by the agency We find ourselves today going Mrs. WILSON. Mr. Chairman, South- with the labor organization. through this legislation. As the admin- western Indian Polytechnic Institute is It goes on to say, under letter H, istration said, it is bad legislation but a school nestled on the banks of the The office shall provide for an evaluation we have an administration which is Rio Grande River in my district. It is a of the results of each demonstration project willing to work with the Congress to small school, much like Haskell. It has and its impact on improving public manage- resolve the issues. So we end up in a 600 students and over 100 different ment. situation where on the one hand, we tribes represented there each semester, I would just challenge the gentleman are told that these wonderful institu- which really gets to the problem with from Kansas (Mr. SNOWBARGER) to tell tions should have certain opportunities the criticisms of this bill. us exactly what role union personnel, to do certain things but at the same These are two small universities op- those people who clean up the school, time, while we are giving them the op- erated directly by the Federal Govern- the faculty, the organizations, the portunity to create the various retire- ment by the BIA that are anomalies in labor organizations, what part will ment programs and the various person- a system overseen by the Office of Per- they have, because, they, too, are nel rules and things of that nature, at sonnel Management, which is not de- American Indians. They will be there the same time this legislation would signed for universities. There are al- when the students have graduated. leave out another very important October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9641 group of American Indians, and those these boards: 1990 Long Range Plan- Mr. Chairman, to understand why are the members that so happen to be ning Task Force, Dan Wildcat and Lee this bill is vital to Haskell Indian Na- a part of the union, again, the people Pahcoddy. 1993 Personnel Quality Im- tions University and Southwestern In- who support the institution. provement Team, Sally Halvorson. 1995 dian Polytechnic Institute, let us ex- Mr. Chairman, I just take this mo- Personnel Quality Improvement Team amine what will happen if this legisla- ment to say that I vehemently oppose that developed the legislation rec- tion does not pass. Without this legis- this legislation. I will have an amend- ommendations, Sally Halvorson. Addi- lation, the confines of the civil service ment in the nature of a substitute a tionally, in April of 1996, all employees system will prevent the schools from little bit later in these proceedings. at Haskell received a copy of the study properly developing their academic Mr. Chairman, I yield back the bal- commissioned by the 1995 team and a programs, and it puts their academic ance of my time. copy of the draft legislation. Finally, accreditation into jeopardy. Resolution b 1515 in the spring of 1997, Sally Halvorson 98–10 from the Haskell Board of Re- was appointed by the union to rep- Mr. SNOWBARGER. Mr. Chairman, I gents says, ‘‘Whereas, Haskell’s ability resent them on the implementation yield myself the remainder of my time. to make a successful transition from a First of all, let me thank the gen- team for the alternative personnel sys- junior college to a university vision is tem. tleman from Indiana (Mr. BURTON), being compromised by not having con- Mr. Chairman, I would like to ad- chairman of the Committee on Govern- trol of their administrative systems; if dress the concern about the collective ment Reform and Oversight; the gen- this legislation does not pass, we com- bargaining process. I am not sure tleman from Florida (Mr. MICA), who is promise the quality of education for which bill the gentleman from Mary- the subcommittee chairman who dealt our Native American and Alaskan In- land has read, but H.R. 4259 does not with this issue; the gentleman from dian students.’’ have any effect on current collective Pennsylvania (Mr. GOODLING), the Very often we deal with extremely bargaining rights, and in addition, the chairman of the Committee on Edu- complex issues and lengthy bills in this legislation states that the current col- cation and the Workforce; and the gen- body. This legislation is different. It is lective bargaining agreement will re- tleman from California (Mr. MCKEON), a short bill, only 16 pages long, and it main in effect until its completion, and the chairman of the subcommittee, for is very straightforward. Simply, it al- I would refer the gentleman to pages 7 bringing this legislation to the floor. lows two colleges with less than 400 I would also like to acknowledge the and 14 of the legislation. employees to develop appropriate per- There is also concern that this dem- gentleman from New York (Mr. SOLO- sonnel systems. It allows Haskell In- onstration project is going to become MON) and the Committee on Rules and dian Nations University and South- permanent without independent scru- thank them for this open rule that al- western Indian Polytechnic Institute tiny and accountability. That simply is lows us to debate this fully, and I to develop portable benefits packages not true. The demonstration projects thank all of those who have help bring so that they can recruit qualified aca- can only become permanent if Congress this to the floor and speak to it. demic staff. passes legislation making them perma- I want to address some of the con- The bill was introduced and drafted cerns that were raised by my colleague nent. Under section 4(D) of the bill, the at the behest of one group, the Na- from Maryland, and I think the first demonstration projects can only last 5 tional Haskell Board of Regents. This one I want to raise is the fact that he years. They may be continued without Board, comprised of 15 members who is very concerned that we have reduced congressional action only to the extent are elected to represent more than 500 the Office of Personnel Management to necessary to validate the results of the tribes across this Nation, asked me to the role of consultants. I would show project. To protect employees, the bill help them make their institutions my colleague this brochure put out by also allows alternative benefit systems great. the Office of Personnel Management to continue for those employees cov- Mr. Chairman, this legislation is im- touting their services, and what do ered by them. portant for the students of Haskell In- they call themselves? Consultants, set- Not only will Congress independently dian Nations University and South- ting the standard for excellence. They evaluate any proposals to make alter- western Indian Polytechnic Institute, consider themselves consultants, this native personnel systems permanent, and I would ask my colleagues to sup- bill allows them to act as consultants, but the Secretary of the Interior will port this legislation. and I think that SIPI and Haskell will also evaluate the performance of the Mr. Chairman, I yield back the bal- take advantage of their expertise when projects. Section 3 of the bill requires ance of my time. it is actually helpful. that. In addition, the Secretary or the The CHAIRMAN pro tempore (Mr. Mr. Chairman, I want to talk a little president of the institution can also STEARNS). All time for general debate bit about another criticism that has terminate any project if either deter- has expired. been made, and that is about employee mines that the project is not in the Pursuant to the rule, the bill shall be involvement. We somehow think that best interest of the institution, and considered under the 5-minute rule by the employees at the school are not that is in section 3(E) of the bill. section, and each section shall be con- going to be a part of this plan, even In short, there will be independent sidered read. though for the last 8 years they have oversight of these demonstration During consideration of the bill for been a part of this planning. Employee projects, and only Congress can make amendment, the Chair may accord pri- participation has been an integral part the project permanent. ority in recognition to a Member offer- of the process since day one. Beginning Mr. Chairman, I might mention ing an amendment that he has printed in 1990, when Haskell established a again, as one of my colleagues pointed in the designated place in the CONGRES- long-range planning task force to im- out, the K through 12 education that is SIONAL RECORD. Those amendments prove the recruitment and selection governed by the Bureau of Indian Af- will be considered read. process for personnel, members of the fairs has been out from under these The Chairman of the Committee of local employee union have served on personnel management policies since the Whole may postpone a request for a every single task force, planning group the early 1970s, and they have operated recorded vote on any amendment and and quality improvement team. In and performed very well, and we do not may reduce to a minimum of 5 minutes most cases, the local union president have complaints coming in from those the time for voting on any postponed or vice president has represented the employees in those institutions. question that immediately follows an- union. Furthermore, employee rep- Mr. Chairman, I also want to men- other vote, provided that the time for resentatives have been involved in the tion that there is plenty of support for voting on the first question shall be a development of the guiding principles this bill outside the two institutions minimum of 15 minutes. for the demonstration project that the that we are talking about. There are 55 The Clerk will designate section 1. university has been preparing in antici- nations that have indicated their sup- The text of section 1 is as follows: pation of passage of this legislation. port to us. We will have letters of sup- Be it enacted by the Senate and House of Rep- In fact, the following employees have port to place in the RECORD from 32 of resentatives of the United States of America in represented the NFFE Local 45 on those nations. Congress assembled, H9642 CONGRESSIONAL RECORD — HOUSE October 6, 1998 SECTION 1. SHORT TITLE. spirit of cooperation and input from adminis- amendment of the gentleman from This Act may be cited as the ‘‘Haskell In- tration, faculty, staff, and students; that its Maryland (Mr. CUMMINGS), that oppor- dian Nations University and Southwestern newly developed pay, leave and benefit pack- tunity, that portable retirement bene- Indian Polytechnic Institute Administrative ages emphasize comparable support for cur- fit is vital to recruiting experienced Systems Act of 1998’’. rent employees, and that implementation of these alternative systems will not eliminate teachers from other institutions. The CHAIRMAN pro tempore. Are I taught for a couple of years at the there any amendments to section 1? the right of Federal employees to engage in collective bargaining. college level, and I can tell my col- AMENDMENT IN THE NATURE OF A SUBSTITUTE leagues that most college professors OFFERED BY MR. CUMMINGS OF MARYLAND Mr. Chairman, one of my major con- participate in a retirement system Mr. CUMMINGS. Mr. Chairman, I cerns is that when I look at the legisla- called TIAA/CREF which allows them offer an amendment. tion, and I refer to section 4(D), it says, to build up pension benefits as they The Clerk read as follows: and I quote, move from school to school in the Collective bargaining agreements. Any col- Amendment in the nature of a substitute course of their careers. But if I am an offered by Mr. CUMMINGS of Maryland: lective bargaining agreement in effect on the Strike all after the enacting clause and in- day before a demonstration project under instructor who moves to Haskell or to sert the following: this act commences shall continue to be rec- SIPI, I cannot keep contributing to my SECTION 1. AUTHORITY TO CONDUCT DEM- ognized by the institution involved until the TIAA/CREF Creft plan. I also have to ONSTRATION PROJECTS. earlier of, one, the date occurring 3 years enroll in FERS instead, the Federal (a) IN GENERAL.—The Haskell Indian Na- after the commencement date of the project; system. If I stay less than 5 years, and tions University in Lawrence, Kansas, and 2, the date as of which the agreement is that is a common occurrence for in- the Southwestern Indian Polytechnic Insti- scheduled to expire; 3, such date as may be structors of other colleges, I do not get tute in Albuquerque, New Mexico, are au- determined by mutual agreement of the par- thorized to conduct, pursuant to the provi- ties. my benefits, and I make no progress to- ward providing for my retirement. sions of chapter 47 of title 5, United States Basically what that means is that we Code, demonstration projects for the purpose This inability to offer the same port- of testing the feasibility and desirability of have a possibility and probability that able retirement benefits as any other implementing alternative personnel policies the very Board of Regents, the very civilian institution of higher education and procedures. Board of Regents whose job it is and in the country is an enormous handi- (b) LIMITATION INAPPLICABLE.—Any dem- whose duty it is to uplift this great in- cap in trying to recruit any new teach- onstration projects conducted under sub- stitution has said one thing, and that ers and attracting additional profes- section (a) shall be conducted without regard is that they said that they wanted the to, and shall not be taken into account for sors. This directly impacts the ability administration, faculty, staff and stu- to improve the quality of education purposes of, the limitation under section dents to have a role in all that goes on 4703(d)(2) of title 5, United States Code. that the students of Haskell and SIPI (c) COMMENCEMENT AND TERMINATION here, and they wanted to make sure receive. that collective bargaining went for- DATES.—Each demonstration project under b this Act— ward, but the bill itself says that it is 1530 (1) shall commence within 2 years after the quite possible that as soon as the If Members want to improve the date of enactment of this Act; and agreement runs out, if the agreement quality of Native American education, (2) shall terminate by the end of the 5-year runs out, and of course it is calling for, then reject the substitute and support period beginning on the date on which such the legislation calls for a 5-year dem- H.R. 4259. The bill is necessary to per- project commences, except that the project may continue beyond the end of such 5-year onstration project, which means that mit Haskell and SIPI to compete for period to the extent necessary to validate one could literally have a situation top quality educators. We found that the results of the project. where the very intent of the very insti- candidates for those positions that Mr. CUMMINGS (during the reading). tution, that is, the Board of Regents, were initially attracted and wanted to Mr. Chairman, I ask unanimous con- their very intent is actually destroyed teach at Haskell and SIPI would lose sent that the amendment in the nature by this very legislation. interest when they were told they of a substitute be considered as read So my amendment, Mr. Chairman, could not bring their own retirement and printed in the RECORD. goes to making sure that OPM main- programs with them or they would be The CHAIRMAN pro tempore. Is tains the type of authority that it is unable to take their retirement bene- there objection to the request of the mandated to have over a federally fits earned at Haskell to another uni- gentleman from Maryland? funded institution. versity. There was no objection. Mr. Chairman, I urge the Members to The Federal Employee’s Retirement Mr. CUMMINGS. Mr. Chairman, Has- vote in favor of my amendment. System, which would cover new faculty kell Indian University and Southwest- Mr. SNOWBARGER. Mr. Chairman, I members, is not fully portable. It con- ern Indian Polytechnic Institute would rise in opposition to the amendment. sists of three parts: Social Security, establish their own alternative person- Mr. Chairman, I found the portion of the Thrift Savings Plan and the FERS nel systems which would make radical the resolution that the gentleman from basic annuity. And while Social Secu- changes in employee benefits, leave Maryland just read, and it is pretty rity and the Thrift Savings benefits are programs and labor-management rela- fantastic when one considers the portable, the basic annuity is not. tions. However, they have given no sat- claims he has been making over the Under FERS, an employee must stay isfactory explanation as to why they last hour or so that employees are not with the government for 5 years to need to do so with specialized dem- going to be involved. Here we have a qualify for any retirement benefit. And onstration project authority, loaded commitment on behalf of the Board of employees who spend less time are only with exceptions to current law. Haskell Indian Nations University to entitled to a refund of their contribu- My amendment to H.R. 4259 will maintain the involvement of employ- tions. allow the institutions to participate in ees just as they have been involved in The Civil Service Retirement System a demonstration project under current this process over the last 10, 8 to 10 is not portable at all. Moreover, testi- law. It retains OPM’s control and over- years, since 1990. mony before the Subcommittee on sight over the process. It would also re- The fact of the matter is this amend- Civil Service shows FERS and CSRS tain the right of the employees’ union ment is an amendment that tries to are skewed in favor of long-term em- to collectively bargain over the terms say, Washington knows best. It does ployees. of the demonstration project. not matter what one says on the local The purpose of a retirement system Mr. Chairman, I might add that the level about a spirit of cooperation and is to attract and retain high-quality Haskell Indian Nations University wanting to work with the employees, employees. A retirement system that Board of Regents, when approving this we know better how to make sure that discourages high-quality applicants is legislation, said something that was happens, and that is we maintain con- a hindrance, not a help. It would be a very, very significant that to date has trol here in Washington. disservice to the students of Haskell not been read. It simply says, Mr. Chairman, the college’s ability to and SIPI to force these institutions to Be it further resolved that Haskell develop offer portable retirement benefits, stay in the Federal Government’s gen- its alternative administrative systems in a which would be taken out under the eral retirement systems for no other October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9643 reason than bureaucratic inconven- body would ask for the GAO to do an fine institution. And I have no idea ience. One size does not fit all. evaluation of this matter because an why someone would want to leave such In the past, Congress has recognized expert group had not, in fact, evaluated a fine institute as Wichita State Uni- this. Many Federal entities such as the it. versity, but if they were to decide to TVA, the State Department, the Fed- If we want it to have any integrity, if leave and go to Haskell or go to South- eral Reserve Board, have been allowed we want it to have any credibility, why western Indian Polytechnic, then they to develop their own retirement sys- not have OPM, which has not an iron in would be risking, I think they would be tems to meet their particular needs. It that fire, look at it, evaluate. If we do risking the retirement benefits that is important to note too that anyone not like what they say, we can always they have been building up. This would with 1 year’s Federal service who is look at it ourselves in committee. make it very unattractive for them to employed at Haskell or SIPI, let me Moreover, leaving employee organi- move to this institution to help try to emphasize this, any current employees zations out of the development of such raise the level of education for Native who have been there for 1 year when a project is a recipe for disaster. Mod- Americans. this demonstration project begins can- ern American business understands What this bill says that is being pro- not be required to leave the Federal how these things have to work these posed by the gentleman from Kansas benefits system. In other words, they days. Bring everybody in under the um- (Mr. SNOWBARGER) is that we allow this can choose between the benefits system brella and make it go. Otherwise, we flexibility. Instead, now we have a sub- that they are under or they can choose leave the dissenters on the outside, stitute that we are facing offered by a new alternative system if that is leave those who represent the employ- the gentleman from Maryland (Mr. what the plan provides for. ees on the outside, leaving dissension. CUMMINGS), and essentially what he is Mr. Chairman, to truly help these in- We need employee cooperation if we doing is gutting the bill, eliminating stitutions provide an excellent edu- are serious about success. We do not the possibility of any alternate sys- cation for their Native American stu- have to get union cooperation on ev- tems of retirement or any alternate dents, Members should defeat the erything that we do, but sitting down benefits. What does that do? It again Cummings amendment, and I ask for and talking with them is a whole lot limits the opportunities that these two their vote on H.R. 4259 as it is written. better way to assure success than leav- institutions have in going out and find- Ms. NORTON. Mr. Chairman, I move ing them out to throw stones. The fact ing a solution to their problems of to strike the requisite number of is, if we had had hearings on this bill, bringing in new faculty. words. we probably could have worked out What is the issue behind this? Why Mr. Chairman, I rise in support of the many of these issues. I, for one, would are we facing this? It seems to be a Cummings substitute amendment. This have sought a compromise because so conflict between giving just two bill, as much as any I have seen on the many parts of this bill I am sympa- schools, Haskell University and the floor in recent weeks, shows how little thetic with. Southwestern Indian Polytechnic Insti- comity we have in this body, for this is Instead, we thought this bill was not tute in Albuquerque, New Mexico, the a matter that could have been worked going to come forward. It leaps over all opportunity to go out and compete. Or out. of the rules of this body and appears, do we keep them restricted by civil Instead, this is a bill going for a veto, voila, on the floor. service guidelines and by limited re- apparently enthusiastically. The Mr. Chairman, what I ask that this tirement benefits? Do we free them up Cummings substitute is a good faith body do is take this piece of legisla- to go compete or do we bind them up? substitute. For example, it contains an tion, do not go for a veto, instead go There are millions of employees exception to the cap on demonstration for a bill. Send this bill back or, in the under the civil service system. The projects indicating that the gentleman alternative, support the Cummings government has control over all of from Maryland (Mr. CUMMINGS) is not substitute. their benefits. Here we are just asking against such demonstration projects on Mr. TIAHRT. Mr. Chairman, I move for a little flexibility to improve these their face. to strike the requisite number of two institutions. And we did not do it I have to say for the record that words. in the dark. It was not done in the there are parts of this bill that I am Mr. Chairman, all that we have been dark. They involved the schools. They personally sympathetic with. First of asking to do under this bill was to involved the employees. They involved all, I detest bureaucracy. Do not for- allow Haskell and Southwestern Indian the unions. get, I am from the District of Columbia Polytechnic Institute some flexibility The solution was: Give us a little where I have had to live with insane to compete in the open market within flexibility to come up with a system so rules. I am always going after my own the university system so that they can that we can attract new personnel in. people to break through to where the attract additional qualified personnel Do not bind our hands. Give us the meat is. to come to these two institutions and flexibility to bring in new talent so Moreover, I am myself an academic, help Native Americans expand the op- that we can raise the level of education a tenured professor of law who teaches portunities that they have for higher at these two institutions. a seminar every other Monday at education. Well, now we have this substitute Georgetown University Law Center. That is what was progressing fine, that is not supported by the Indian So, I am sympathetic with the flexibil- and now we are hearing the potential tribes. I have a list here of the 32 tribes ity that I think an academic institu- veto threat that this is not going to be that are going to submit a letter in tion needs. accepted by the administration, that support of H.R. 4259. And rather than But I have to ask, Mr. Chairman, why they want to continue to keep these read those, knowing that they are part would anybody want to do a dem- two institutions with their hands tied. of the RECORD, I just would want to say onstration project without monitoring If Members have read the ‘‘Trail of that this has strong support by both it to see what has been demonstrated Tears,’’ they know that this govern- these institutions, by the people that so that one could spread it or correct ment for far too long has manipulated are at these institutions, even the it? Native Americans. I think it is time unions that are involved, and certainly Now, the Cummings substitute has that we allow them some flexibility in these 32 tribes who have gone out so far the expert government agency mon- order to enable them to move into a as to write a letter in support of this itoring and evaluating this demonstra- competitive market. legislation. tion project, the OPM. Whereas the bill In Wichita, Kansas, we have Wichita So, I would ask my colleagues to vote itself has the Secretary of Interior who State University. It is a fine institu- against the amendment offered by the knows nothing, of course, about per- tion under the Kansas Board of Re- gentleman from Maryland (Mr. sonnel and other issues involved in this gents and they have a retirement sys- CUMMINGS), and vote for H.R. 4259. bill. tem that is competitive, so that they Mr. FORD. Mr. Chairman, I move to I can just see it now, Mr. Chairman. are competitive with other institutions strike the requisite number of words. At some point if this bill were ever across the Nation, so they can bring in Mr. Chairman, I would say to the passed and signed, somebody in this qualified instructors to teach at such a gentleman from Maryland (Mr. H9644 CONGRESSIONAL RECORD — HOUSE October 6, 1998

CUMMINGS) thank you for the oppor- I understand and all of us, as I said a The whole purpose of this legislation, tunity to say a few words. And I share little bit earlier, understand and want and I commend its author, is to up- the same concerns that the gentleman our young people to rise up to be the grade the schools and to see that they from Kansas (Mr. TIAHRT) expressed so best that they can be. We want our uni- serve their communities, and that eloquently. versities to be the best that they can makes a lot of sense to me. But if we As a Member of the Subcommittee on be. But we also know that this is a want to wreck it and just be so-so and Civil Service of the Committee on Gov- community effort; employees, faculty, say, well, Indians are not good enough ernment Reform and Oversight, there and students coming together. to go to a university, then that is what are a lot of things that we have done Mr. Chairman, I hope that my col- this amendment says, and I would vote this year that people have complained leagues will vote against this bill. against it. about that the full committee has Mr. HORN. Mr. Chairman, I move to They are good enough, and they need done. And I would say that a lot of strike the requisite number of words. people there that will work with them, things that the subcommittee has done Mr. Chairman, I come at this prob- understand them, be their faculty and under the leadership of the gentleman lem with a little bit of background. support staff. I think Haskell Indian from Florida (Mr. MICA) and the gen- Former university president for 18 University and the Southwestern Poly- tleman from Maryland (Mr. CUMMINGS) years, having worked with the various technic Institute will be a real break- that we have been applauded for. schools in terms of improving the qual- through for Indian students in the Some of the problems that have been ity of their instruction. And I am sure United States. expressed and raised by both of my this amendment means well. But I So if we vote down the amendment know from experience that it should dear friends probably could have been and vote for the bill, we will have done not be applied in this situation, or any addressed and rectified and their con- the right thing. situation in which we want to attract cerns could have been assuaged at a The CHAIRMAN pro tempore (Mr. first-rate professionals. minimum, if not altogether eliminated, STEARNS). The question is on the had we on this committee had an op- b 1545 amendment in the nature of a sub- portunity to address some of those con- I think we need flexibility, and Indi- stitute offered by the gentleman from cerns. ans deserve better in education than Maryland (Mr. CUMMINGS). Mr. Chairman, I would like to reem- simply overregulation. The question was taken; and the phasize three points that have been The reason I speak very strongly on Chairman pro tempore announced that raised. Current law already provides this is, when what became the Califor- the noes appeared to have it. sufficient authority for an agency to nia State University was first author- RECORDED VOTE conduct a demonstration project. And ized by the California legislature in Mr. CUMMINGS. Mr. Chairman, I de- the different retirement and insurance 1961, and now one of the major series of mand a recorded vote. programs could create undesirable in- universities in America, with probably A recorded vote was ordered. equities in the compensation programs the best deal, they made one mistake: The vote was taken by electronic de- if Federal employees moved in and out they brought two high officials of the vice, and there were—ayes 181, noes 244, of the system. I am certain that my civil service system in Washington to not voting 9, as follows: colleagues on both sides of the aisle California. It took us two decades to [Roll No. 485] could understand that concern that not work our way out of that. only we on this side of the aisle have, We cannot attract the best people for AYES—181 but workers would have as well. either faculty or support staff if we do Abercrombie Farr Maloney (CT) Ackerman Fattah Maloney (NY) And finally, employee organization not have freedom to reward people Allen Fazio Manton will not have any input in the develop- based on their accomplishments. And Andrews Filner Markey ment of the demonstration project. the Indians deserve no less. Baldacci Ford Martinez Again, it is my hope that my col- When I was vice chairman of the Barcia Frank (MA) Mascara Barrett (WI) Frost McCarthy (MO) leagues will oppose H.R. 4259 and sup- United States Commission on Civil Becerra Furse McCarthy (NY) port the substitute offered by the gen- Rights, I spent a week on the Navajo Bentsen Gejdenson McDermott tleman from Maryland. reservation looking at the type of In- Berman Gephardt McGovern Mr. Chairman, I yield to the gen- dian schools that were there and what Berry Gonzalez McHale Bishop Green McIntyre tleman from Maryland (Mr. CUMMINGS). happened to these young people. As Blagojevich Gutierrez McKinney Mr. CUMMINGS. Mr. Chairman, I president of my own university, I built Bonior Hall (OH) McNulty thank the gentleman from Tennessee the Indian ratio up, starting with my Borski Harman Meehan Boswell Hastings (FL) Meek (FL) for yielding me this time. I think that first year. Nineteen had been there in a Brady (PA) Hefner Meeks (NY) the points that the gentleman made University of 26,000, and all had gone. Brown (CA) Hilliard Menendez are very significant. The gentleman We raised that to 1 percent, 2 percent Brown (FL) Hinchey Millender- from Tennessee (Mr. FORD) is a very of the student body of 35,000. So we had Brown (OH) Hinojosa McDonald Capps Holden Miller (CA) hard-working member of our sub- hundreds of Indian students on campus. Cardin Hooley Minge committee and as he said clearly, I And we brought in young high school Carson Hoyer Mink mean, we just want an opportunity to students to give them aspirations that Clay Jackson (IL) Moakley Clayton Jackson-Lee Mollohan see this legislation come before the they too could go to college and not be Clement (TX) Moran (VA) subcommittee so that we could effec- treated as second-class citizens. Clyburn Jefferson Nadler tively address it. This is not a 2-year college. We are Conyers Johnson (WI) Neal One thing I might also say is that we talking about a 4-year college. If we Costello Johnson, E. B. Oberstar Coyne Kanjorski Obey are very fortunate to have probably are to have the faculty that we should Cummings Kaptur Olver one of the most closely knit sub- have if we have a 4-year college, or a 4- Danner Kennedy (MA) Ortiz committees in the Congress in the year institute, or a 4-year university, Davis (FL) Kennedy (RI) Owens Committee on Government Reform and then we need flexibility, we need re- Davis (IL) Kildee Pallone DeFazio Kilpatrick Pascrell Oversight Subcommittee on Civil Serv- ward systems, we need to provide them DeGette Kind (WI) Pastor ice. We have done a lot of things in a with the kind of environment that they Delahunt Kleczka Payne bipartisan manner. I think that this is can hold their head up high with other DeLauro Klink Pelosi Deutsch Kucinich Pomeroy something that we could have worked faculty members throughout the Dingell LaFalce Price (NC) out. United States. And we need to be able Dixon Lampson Rahall But be that as it may, let me just go to retain faculty members. We need to Doggett Lantos Rangel on to say that one of the things I think have a decent salary and benefits. We Dooley Lee Reyes Doyle Levin Rivers we are losing focus on here is that cannot just be thrown into the batch of Edwards Lewis (GA) Rodriguez these universities, 100 percent of their regulations that the civil service once Engel Lipinski Roemer budget is coming from the Federal had, and still too much of it hangs over Eshoo Lofgren Rothman Etheridge Lowey Roybal-Allard Government. I think that is very, very many operations that ought to be Evans Luther Sabo significant. much more professional. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9645 Sanchez Snyder Turner NOT VOTING—9 (3) the methods of assigning, reassigning, Sanders Stabenow Velazquez Boucher Parker Riggs or promoting employees; Sandlin Stokes Vento (4) the methods of disciplining employees; Visclosky Kennelly Poshard Rush Sawyer Strickland Matsui Pryce (OH) Stark (5) the methods of providing incentives to Schumer Stupak Waters Watt (NC) b employees, including the provision of group Scott Tanner 1609 or individual incentive bonuses or pay; Serrano Tauscher Waxman (6) the hours of work per day or per week; Sherman Thompson Wexler Messrs. BILBRAY, FRANKS of New Weygand Sisisky Thurman Jersey, MCHUGH and EHRLICH (7) the methods of involving employees, Wise Skaggs Tierney changed their vote from ‘‘aye’’ to ‘‘no.’’ labor organizations, and employee organiza- Woolsey Slaughter Torres tions in personnel decisions; and Wynn Mr. HEFNER, Ms. DANNER and Mr. Smith, Adam Towns MORAN of Virginia changed their vote (8) the methods of reducing overall staff and grade levels. from ‘‘no’’ to ‘‘aye.’’ NOES—244 (b) CONSULTATION AND OTHER REQUIRE- So the amendment in the nature of a MENTS.—Before commencing a demonstra- Aderholt Gibbons Pappas substitute was rejected. tion project under this Act, the president of Archer Gilchrest Paul The result of the vote was announced Armey Gillmor Paxon the institution involved shall— Bachus Gilman Pease as above recorded. (1) in consultation with the board of re- Baesler Goode Peterson (MN) The CHAIRMAN pro tempore (Mr. gents of the institution and such other per- Baker Goodlatte Peterson (PA) STEARNS). Without objection, the bill sons or representative bodies as the presi- Ballenger Goodling Petri through section 8 will be considered dent considers appropriate, develop a plan Barr Gordon Pickering for such project which identifies— Pickett read. Barrett (NE) Goss There was no objection. (A) the purposes of the project; Bartlett Graham Pitts (B) the types of employees or eligibles to Pombo The text of the remainder of the bill Barton Granger be included (categorized by occupational se- Bass Greenwood Porter is as follows: Portman ries, grade, or organizational unit); Bateman Gutknecht Quinn SEC. 2. FINDINGS. (C) the number of employees or eligibles to Bereuter Hall (TX) Radanovich The Congress finds that— be included (in the aggregate and by cat- Bilbray Hamilton Ramstad (1) the provision of culturally sensitive Bilirakis Hansen egory); Redmond curricula for higher education programs at Bliley Hastert (D) the methodology; Regula Haskell Indian Nations University and the (E) the duration; Blumenauer Hastings (WA) Riley Blunt Hayworth Southwestern Indian Polytechnic Institute (F) the training to be provided; Rogan is consistent with the commitment of the Boehlert Hefley Rogers (G) the anticipated costs; Boehner Herger Rohrabacher Federal Government to the fulfillment of (H) the methodology and criteria for eval- Bonilla Hill Ros-Lehtinen treaty obligations to Indian tribes through uation, consistent with subsection (f); Bono Hilleary Roukema the principle of self-determination and the (I) a specific description of any aspect of Boyd Hobson Royce use of Federal resources; and the project for which there is a lack of spe- Brady (TX) Hoekstra Ryun (2) giving a greater degree of autonomy to cific authority; and Bryant Horn Salmon those institutions, while maintaining them Bunning Hostettler (J) a specific citation to any provision of Sanford as an integral part of the Bureau of Indian Burr Houghton Saxton law, rule, or regulation which, if not waived, Burton Hulshof Scarborough Affairs, will facilitate— would prohibit the conducting of the project, Buyer Hunter Schaefer, Dan (A) the transition of Haskell Indian Na- or any part of the project as proposed; Callahan Hutchinson Schaffer, Bob tions University to a 4-year university; and (2) publish the plan in the Federal Reg- Calvert Hyde Sensenbrenner (B) the administration and improvement of ister; Camp Inglis Sessions the academic program of the Southwestern (3) submit the plan so published to public Campbell Istook Shadegg Indian Polytechnic Institute. hearing; Canady Jenkins Shaw SEC. 3. DEFINITIONS; APPLICABILITY. (4) at least 180 days before the date on Cannon John Shays (a) DEFINITIONS.—For purposes of this Act: Castle Johnson (CT) Shimkus which the proposed project is to commence, Chabot Johnson, Sam Shuster (1) SECRETARY.—The term ‘‘Secretary’’ provide notification of such project to— Chambliss Jones Skeen means the Secretary of the Interior. (A) employees likely to be affected by the Chenoweth Kasich Skelton (2) EMPLOYEE.—The term ‘‘employee’’, with project; and Christensen Kelly Smith (MI) respect to an institution named in sub- (B) each House of Congress; Coble Kim Smith (NJ) section (b), means an individual employed in (5) at least 90 days before the date on Coburn King (NY) Smith (OR) or under such institution. Smith (TX) which the proposed project is to commence, Collins Kingston (3) ELIGIBLE.—The term ‘‘eligible’’ means provide each House of Congress with a report Combest Klug Smith, Linda Snowbarger an individual who has qualified for appoint- setting forth the final version of the plan; Condit Knollenberg ment in the institution involved and whose Cook Kolbe Solomon and Souder Cooksey LaHood name has been entered on the appropriate (6) at least 60 days before the date on which Spence Cox Largent register or list of eligibles. the proposed project is to commence, inform Spratt Cramer Latham (4) DEMONSTRATION PROJECT.—The term all employees as to the final version of the Stearns Crane LaTourette ‘‘demonstration project’’ means a project Stenholm plan, including all information relevant to Crapo Lazio Stump conducted by or under the supervision of an the making of an election under subsection Cubin Leach Sununu institution named in subsection (b) to deter- (h)(2)(A). Cunningham Lewis (CA) Talent mine whether specified changes in personnel (c) LIMITATIONS.—No demonstration Davis (VA) Lewis (KY) Tauzin management policies or procedures would re- project under this Act may— Deal Linder Taylor (MS) sult in improved personnel management. (1) provide for a waiver of— DeLay Livingston Taylor (NC) (b) APPLICABILITY.—This Act applies to— (A) any provision of law, rule, or regula- Diaz-Balart LoBiondo Thomas Dickey Lucas (1) Haskell Indian Nations University, lo- tion providing for— Thornberry cated in Lawrence, Kansas; and Dicks Manzullo Thune (i) equal employment opportunity; Doolittle McCollum Tiahrt (2) Southwestern Indian Polytechnic Insti- (ii) Indian preference; or Dreier McCrery Traficant tute, located in Albuquerque, New Mexico. (iii) veterans’ preference; Duncan McDade Upton SEC. 4. AUTHORITY. (B) any provision of chapter 23 of title 5, Dunn McHugh Walsh (a) IN GENERAL.—Each institution named United States Code, or any other provision of Ehlers McInnis Wamp in section 3(b) may conduct a demonstration such title relating to merit system prin- Ehrlich McIntosh Watkins project in accordance with the provisions of ciples or prohibited personnel practices, or Emerson McKeon Watts (OK) this Act. The conducting of any such dem- any rule or regulation prescribed under au- English Metcalf Weldon (FL) Ensign Mica Weldon (PA) onstration project shall not be limited by thority of any such provision; or Everett Miller (FL) Weller any lack of specific authority under title 5, (C) any provision of subchapter II or III of Ewing Moran (KS) White United States Code, to take the action con- chapter 73 of title 5, United States Code, or Fawell Morella Whitfield templated, or by any provision of such title any rule or regulation prescribed under au- Foley Murtha Wicker or any rule or regulation prescribed under thority of any such provision; Forbes Myrick Wilson such title which is inconsistent with the ac- (2) impose any duty to engage in collective Fossella Nethercutt Wolf Yates tion, including any provision of law, rule, or bargaining with respect to— Fowler Neumann regulation relating to— (A) classification of positions; or Fox Ney Young (AK) (1) the methods of establishing qualifica- (B) pay, benefits, or any other form of com- Franks (NJ) Northup Young (FL) Frelinghuysen Norwood tion requirements for, recruitment for, and pensation; or Gallegly Nussle appointment to positions; (3) provide that any employee be required Ganske Oxley (2) the methods of classifying positions and to pay dues or fees of any kind to a labor or- Gekas Packard compensating employees; ganization as a condition of employment. H9646 CONGRESSIONAL RECORD — HOUSE October 6, 1998

(d) COMMENCEMENT AND TERMINATION efits under this Act (in lieu of benefits that tinue to be recognized by the institution in- DATES.—Each demonstration project under would otherwise be determined under sub- volved until the earlier of— this Act— part G of part III of title 5, United States (i) the date occurring 3 years after the (1) shall commence within 2 years after the Code), have the effect of terminating— commencement date of the project; date of enactment of this Act; and (i) any rights accrued by that individual (ii) the date as of which the agreement is (2) shall terminate by the end of the 5-year under the system of alternative benefits in- scheduled to expire (disregarding any option period beginning on the date on which such volved; or to renew); or project commences, except that the project (ii) the system under which those alter- (iii) such date as may be determined by may continue beyond the end of such 5-year native benefits are afforded, to the extent mutual agreement of the parties. period— continuation of such system beyond the ter- SEC. 5. DELEGATION OF PROCUREMENT AU- (A) to the extent necessary to validate the mination date is provided for under the THORITY. results of the project; and terms of the demonstration project (as in ef- The Secretary shall, to the maximum ex- (B) to the extent provided for under sub- fect on the termination date). tent consistent with applicable law and sub- section (h)(2)(B). (3) TRANSITION PROVISIONS.— (e) DISCRETIONARY AUTHORITY TO TERMI- (A) RETENTION OF ANNUAL AND SICK LEAVE ject to the availability of appropriations NATE.—A demonstration project under this ACCRUED BEFORE BECOMING SUBJECT TO DEM- therefor, delegate to the presidents of the re- Act may be terminated by the Secretary or ONSTRATION PROJECT.—Any individual be- spective institutions named in section 3(b) the president of the institution involved if coming subject to a demonstration project procurement and contracting authority with either determines that the project creates a under this Act shall, in a manner consistent respect to the conduct of the administrative substantial hardship on, or is not in the best with the requirements of section 6308 of title functions of such institution. interests of, the institution and its edu- 5, United States Code, be credited with any SEC. 6. AUTHORIZATION OF APPROPRIATIONS. cational goals. annual leave and any sick leave standing to There are authorized to be appropriated, (f) EVALUATION.— such individual’s credit immediately before for fiscal year 1999, and each fiscal year (1) IN GENERAL.—The Secretary shall pro- becoming subject to the project. thereafter, to each of the respective institu- vide for an evaluation of the results of each (B) PROVISIONS RELATING TO CREDIT FOR tions named in section 3(b)— demonstration project under this Act and its LEAVE UPON SEPARATING WHILE THE DEM- (1) the amount of funds made available by impact on improving public management. ONSTRATION PROJECT IS STILL ONGOING.—Any appropriations as operations funding for the (2) INFORMATION.—Upon request of the Sec- demonstration project under this Act shall administration of such institution for fiscal retary, an institution named in section 3(b) include provisions consistent with the fol- year 1998; and shall cooperate with and assist the Sec- lowing: (2) such additional sums as may be nec- retary, to the extent practicable, in any (i) LUMP-SUM CREDIT FOR ANNUAL LEAVE.— essary for the operation of such institution evaluation undertaken under this subsection In the case of any individual who, at the pursuant to this Act. and provide the Secretary with requested in- time of becoming subject to the demonstra- formation and reports relating to the con- tion project, has any leave for which a lump- SEC. 7. REGULATIONS. ducting of its demonstration project. sum payment might be paid under sub- The president of each institution named in (g) ROLE OF THE OFFICE OF PERSONNEL chapter VI of chapter 55 of title 5, United section 3(b) may, in consultation with the MANAGEMENT.—Upon request of the Sec- States Code, such individual shall, if such in- appropriate entities (referred to in section retary or the president of an institution dividual separates from service (in the cir- 4(b)(1)), prescribe any regulations necessary named in section 3(b), the Office of Personnel cumstances described in section 5551 or 5552 to carry out this Act. Management shall furnish information or of such title 5, as applicable) while the dem- technical advice on the design, operation, or onstration project is still ongoing, be enti- SEC. 8. LEGISLATION TO MAKE CHANGES PERMA- NENT. evaluation, or any other aspect of a dem- tled to a lump-sum payment under such sec- onstration project under this Act. tion 5551 or 5552 (as applicable) based on the Not later than 6 months before the date on (h) APPLICABILITY.— amount of leave standing to such individ- which a demonstration project under this (1) IN GENERAL.—Except as otherwise pro- ual’s credit at the time such individual be- Act is scheduled to expire, the institution vided in this subsection, all applicants for came subject to the demonstration project or conducting such demonstration project shall employment with, all eligibles and employ- the amount of leave standing to such indi- submit to each House of Congress— ees of, and all positions in or under an insti- vidual’s credit at the time of separation, (1) recommendations as to whether or not tution named in section 3(b) shall be subject whichever is less. the changes under such project should be to inclusion in a demonstration project (ii) RETIREMENT CREDIT FOR SICK LEAVE.—In continued or made permanent; and under this Act. the case of any individual who, at the time (2) proposed legislation for any changes in (2) PROVISIONS RELATING TO CERTAIN BENE- of becoming subject to the demonstration law necessary to carry out any such rec- FITS.— project, has any sick leave which would be ommendations. (A) OPTION FOR CERTAIN INDIVIDUALS TO RE- creditable under section 8339(m) of title 5, The CHAIRMAN pro tempore. Are MAIN UNDER CURRENT LAW GOVERNING CERTAIN United States Code (had such individual then there further amendments? BENEFITS.— separated from service), any sick leave (i) ELIGIBLE INDIVIDUALS.—This subpara- standing to such individual’s credit at the If not, under the rule, the Committee graph applies in the case of any individual time of separation shall, if separation occurs rises. who, as of the day before the date on which while the demonstration project is still on- Accordingly, the Committee rose; a demonstration project under this Act is to going, be so creditable, but only to the ex- and the Speaker pro tempore (Mr. commence at an institution— tent that it does not exceed the amount of (I) is an employee of such institution; and creditable sick leave that stood to such indi- LATOURETTE) having assumed the (II) if benefits under subchapter III of chap- vidual’s credit at the time such individual chair, Mr. STEARNS, Chairman pro tem- ter 83 or chapter 84 of title 5, United States became subject to the demonstration pore of the Committee of the Whole Code, are to be affected, has completed at project. House on the State of the Union, re- least 1 year of Government service (whether (C) TRANSFER OF LEAVE REMAINING UPON ported that that Committee, having with such institution or otherwise), but tak- TRANSFER TO ANOTHER AGENCY.—In the case had under consideration the bill (H.R. ing into account only civilian service cred- of any employee who becomes subject to the 4259) to allow Haskell Indian Nations itable under subchapter III of chapter 83 or demonstration project and is subsequently University and the Southwestern In- chapter 84 of such title. transferred or otherwise appointed (without dian Polytechnic Institute each to con- (ii) OPTION.—If a demonstration project is a break in service of 3 days or longer) to an- to include changes to any benefits under sub- other position in the Federal Government or duct a demonstration project to test part G of part III of title 5, United States the government of the District of Columbia the feasibility and desirability of new Code, an employee described in clause (i) under a different leave system (whether personnel management policies and shall be afforded an election not to become while the project is still ongoing or other- procedures, and for other purposes, subject to such demonstration project, to the wise), any leave remaining to the credit of pursuant to House Resolution 576, he extent those benefits are involved (and to in- that individual which was earned or credited reported the bill back to the House. stead remain subject to the provisions of under the demonstration project shall be such subpart G as if this Act had not been transferred to such individual’s credit in the The SPEAKER pro tempore. Under enacted). new employing agency on an adjusted basis the rule, the previous question is or- (B) CONTINUATION OF CERTAIN ALTERNATIVE under regulations prescribed under section dered. BENEFIT SYSTEMS AFTER DEMONSTRATION 6308 of title 5, United States Code. Any such The question is on the engrossment PROJECT TERMINATES FOR PERSONS BECOMING regulations shall be prescribed taking into and third reading of the bill. SUBJECT THERETO UNDER THE PROJECT.—Not- account the provisions of subparagraph (B). withstanding any other provision of this Act, (D) COLLECTIVE-BARGAINING AGREEMENTS.— The bill was ordered to be engrossed the termination of a demonstration project Any collective-bargaining agreement in ef- and read a third time, was read the shall not, in the case of an employee who be- fect on the day before a demonstration third time, and passed, and a motion to comes subject to a system of alternative ben- project under this Act commences shall con- reconsider was laid on the table. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9647 PERMISSION TO FILE CON- Mr. Speaker, I include for the PERMITTING OFFICIAL PHOTO- FERENCE REPORTS ON H.R. 3874, RECORD the titles of the legislation to GRAPHS OF THE HOUSE OF REP- CHILD NUTRITION AND WIC RE- be considered. RESENTATIVES TO BE TAKEN AUTHORIZATION AMENDMENTS Suspensions for Wednesday, October 7: WHILE THE HOUSE IS IN ACTUAL OF 1998 AND S. 2206, HUMAN 1. H.R. 4679—Antimicrobial Regulation SESSION SERVICES REAUTHORIZATION Technical Corrections Act of 1998; 2. H.R. 3783—Child Online Protection; Mr. THOMAS. Mr. Speaker, I ask ACT OF 1998 3. H.R. 8—Border Smog Reduction Act; unanimous consent that the Commit- Mr. GOODLING. Mr. Speaker, I ask 4. H.R. 4657—Clark County Land Exchange; tee on House Oversight be discharged unanimous consent that the managers 5. H.R. 4656—Clark County Land Exchange; from further consideration of the reso- on the part of the House be permitted 6. S. 2505—To Convey Title to the Tunnison lution (H. Res. 577) permitting official until midnight tonight to file a con- Lab Hagerman Field Station in Gooding County, Idaho; photographs of the House of Represent- ference report accompanying the bill 7. H.R. 2921—Multichannel Video Competi- ative to be taken while the House is in (H.R. 3874) to amend the Child Nutri- tion and Consumer Protection Act; actual session, and ask for its imme- tion Act of 1966 to make improvements 8. H.R. 4616—Corporal Harold Gomez Post diate consideration. to the special supplemental nutrition Office; The Clerk read the title of the resolu- program for women, infants, and chil- 9. H.R. 2348—Designating the Mervyn Dym- tion. dren and to extend the authority of ally Post Office Building; The SPEAKER pro tempore. Is there that program through fiscal year 2003, 10. H. Con. Res. 331—Expressing the Sense objection to the request of the gen- of Congress Concerning the Inadequacy of and to file a conference report accom- Sewage Infrastructure Facilities in Tijuana, tleman from California? panying the Senate bill (S. 2206) to Mexico; There was no objection. amend the Head Start Act, the Low-In- 11. S. 2022—Crime Identification Tech- The Clerk read the resolution, as fol- come Home Energy Assistance Act of nology Act of 1998; lows: 1981, and the Community Services 12. S. 512—Identity Theft and Assumption H. RES. 577 Deterrence Act; Block Grant Act to reauthorize and Resolved, That at a time designated by the make improvements to those Acts, to 13. S. 1976—Crime Victims With Disabil- ities Awareness Act; Speaker of the House of Representatives, of- establish demonstration projects that 14. H.R. 804—To Ensure that Federal Funds ficial photographs of the House may be provide an opportunity for persons Made Available to Hire or Rehire Law En- taken while the House is in actual session. with limited means to accumulate as- forcement Officers are used in a Manner that Payment for the costs associated with tak- sets, and for other purposes. Produces a Net Gain of the Number of Law ing, preparing, and distributing such photo- The SPEAKER pro tempore. Is there Enforcement Officers who Perform Non- graphs may be made from the applicable ac- objection to the request of the gen- administrative Public Safety Services; and counts of the House of Representatives. tleman from Pennsylvania? 15. H.R. 4293—To Establish a Cultural and The resolution was agreed to. There was no objection. Training Program for Disadvantaged Individ- A motion to reconsider was laid on uals from Northern Ireland and the Republic f the table. of Ireland. MAKING IN ORDER ON WEDNES- f f DAY, OCTOBER 7, 1998, OR ANY REMOVAL OF NAME OF MEMBER DAY THEREAFTER, CONSIDER- SPECIAL ORDERS AS COSPONSOR OF H.R. 836 ATION OF CONFERENCE REPORT The SPEAKER pro tempore. Under ON H.R. 3694, INTELLIGENCE AU- Mr. BARRETT of Wisconsin. Mr. the Speaker’s announced policy of Jan- THORIZATION ACT FOR FISCAL Speaker, I ask unanimous consent to uary 7, 1997, and under a previous order YEAR 1999 have my name removed as a cosponsor of the House, the following Members Mr. GOSS. Mr. Speaker, I ask unani- of H.R. 836. will be recognized for 5 minutes each. mous consent that it be in order on Oc- The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Under a tober 7, 1998, or any day thereafter, to objection to the request of the gen- previous order of the House, the gen- consider the conference report to ac- tleman from Wisconsin? tleman from Florida (Mr. DIAZ- company the bill (H.R. 3694) to author- There was no objection. BALART) is recognized for 5 minutes. ize appropriations for fiscal year 1999 f (Mr. DIAZ-BALART addressed the for intelligence and intelligence-relat- b 1615 House. His remarks will appear here- ed activities of the United States Gov- after in the Extensions of Remarks.) GENERAL LEAVE ernment, the Community Management The SPEAKER pro tempore. Under a Account, and the Central Intelligence Mr. SNOWBARGER. Mr. Speaker, I previous order of the House, the gen- Agency Retirement and Disability Sys- ask unanimous consent that all Mem- tleman from Colorado (Mr. SKAGGS) is tem, and for other purposes; that all bers may have five legislative days in recognized for 5 minutes. points of order against the conference which to revise and extend their re- (Mr. SKAGGS addressed the House. report and against its consideration be marks and include extraneous material His remarks will appear hereafter in waived; and that the conference report on H.R. 4259. the Extensions of Remarks.) The SPEAKER pro tempore (Mr. be considered as read when called up. f The SPEAKER pro tempore. Is there LATOURETTE). Is there objection to the request of the gentleman from? objection to the request of the gen- HUMAN RIGHTS VIOLATIONS IN There was no objection. tleman from Florida? INDONESIA MUST STOP There was no objection. f f The SPEAKER pro tempore. Under a FURTHER MESSAGE FROM THE previous order of the House, the gen- ANNOUNCEMENT REGARDING LEG- SENATE tleman from Pennsylvania (Mr. PITTS) ISLATION TO BE CONSIDERED A further message from the Senate is recognized for 5 minutes. UNDER SUSPENSION OF THE by Mr. Lundregan, one of its clerks, an- Mr. PITTS. Mr. Speaker, I rise today RULES TOMORROW, WEDNESDAY, nounced that the Senate agrees to the on behalf of the many people in Indo- OCTOBER 7, 1998 report of the committee of conference nesia suffering from religious and eth- Mr. WELLER. Mr. Speaker, pursuant on the disagreeing votes of the two nic hatred and abuse. The recent re- to House Resolution 575, I announce Houses on the amendment of the Sen- ports of riots and mass rapes of Chinese that the following bills will be consid- ate to the bill (H.R. 4101 ‘‘An Act mak- women has shocked the world. The ex- ered under suspension of the rules on ing appropriations for Agriculture, treme nature of these stories and the tomorrow: Rural Development, Food and Drug Ad- human rights abuses have made many H.R. 4679, H.R. 3783, H.R. 8, H.R. 4657, ministration, and Related Agencies wonder if the stories can really be true. H.R. 4656, S. 2505, H.R. 2921, H.R. 4616, programs for the fiscal year ending Unfortunately they are. H.R. 2348, H. Con. Res. 331, S. 2022, S. September 30, 1999, and for other pur- Earlier this year riots broke out in 512, S. 1976, H.R. 804, and H.R. 4293. poses.’’ major cities of Indonesia. As people H9648 CONGRESSIONAL RECORD — HOUSE October 6, 1998 stood and watched in horror rioters Suharto regime in 1966, reports reveal SHOULD PRESIDENT CLINTON BE looted and destroyed Chinese busi- that mobs have burned or otherwise de- IMPEACHED? nesses. Authorities arrested and even stroyed 483 churches, and 228 of those The SPEAKER pro tempore. Under a killed students, and assailants brutally churches were destroyed after January previous order of the House, the gentle- raped and murdered Chinese women 1996. Attackers destroyed the churches woman from Oregon (Ms. FURSE) is rec- and girls. with Molotov bombs, fires and mob ac- ognized for 5 minutes. Reports suggest that groups of un- tion. Ms. FURSE. Mr. Speaker, we have, known assailants would descend on a I have besides me photographs which all of us, heard the salacious and specu- community, enter businesses, demand show the devastating effects of the at- lative words being thrown around by money, rape women who were present, tacks on the churches. In addition, the press and by partisans posturing often while uttering anti Chinese rhet- there is a photo of a young woman who both in this House and across the coun- oric and loot and sometimes burn the was burned to death in East Java while try, but this is too important, far too businesses. Horrifying testimonies of in her church. Unfortunately, although important. This is a crisis to our con- rapes of girls, young women and older the new president of Indonesia prom- women revealed what some believe to ised change, churches continue to fall stitutional government, it seems to be a calculated attempt to humiliate under attack. Fifteen churches have me, and therefore I believe it is impor- and terrorize the population into be- been destroyed during the four months tant to hear from real experts. coming followers of the government since President Habibie assumed Mr. Speaker, I am going to quote and and military. power. read from a letter 13 constitutional The actions of the rapists and looters Let me show you these photographs. scholars with no political ax to grind are cowardly, should be internationally The top photograph is of a Catholic sent to the Speaker of the House. This condemned. In addition, although the church in West Java while it is burn- is signed by 13 professors of law, and I Indonesia government has acknowl- ing. The bottom photograph is another am going to read this letter. edged that the rapes occurred, it must church in South Kalimantan. The top Dear Mr. Speaker, engage in a thorough investigation. photograph here is this same Catholic Did President Clinton commit high crimes They must be held accountable before church after it has been burned. The and misdemeanors for which he may be prop- the world community for the riots and congregation is sitting in the shell con- erly impeached? We, the undersigned profes- sors of law, believe that the misconduct al- mass rapes and bring to justice those tinuing to worship, but with no roof leged in the independent counsel’s report who are responsible for these terrible top. Here is another Indonesian Chris- does not cross that threshold. We write nei- atrocities. tian church that has been burned and ther as Democrats nor as Republicans. Some This summer I cohosted a Congres- ransacked. Here is a Protestant church of us believe the President has acted dis- sional Human Rights Caucus briefing in South Kalimantan, and here is re- gracefully, some that the independent coun- on human rights abuses in Indonesia. mains of the lady who was burned in sel has. This letter has nothing to do with The courageous panel of witnesses put that church. any such judgment. Rather it expresses the their own lives in danger by sharing Indonesia is a member of the United one judgment of which we all agree, that the their stories and experiences in Indo- Nations, but it is not party to any of independent counsel’s report does not make nesia. Father Sandyawan, the leader of the U.N. agreements which protect a case for presidential impeachment. No ex- isting judicial precedent binds congress’ de- the team that testified is now on the basic human rights such as freedom of termination of the meaning of high crimes run. His offices, his house, have been religion. and misdemeanors, but it is clear that Mem- ransacked, his assistants have been Mr. Speaker, the human rights viola- bers of Congress would violate their con- harassed, and his wife has been threat- tions in Indonesia must stop, and the stitutional responsibilities if they sought to ened. world community demands that they impeach and remove the President merely Unfortunately reports reflect that investigate and pursue justice. for conduct of which they disapproved. The the minority Chinese ethnic and reli- A news article from June 18 states that ``In- President’s independence from Congress is fundamental to the American structure of gious population has been the target of donesia's politics is becoming more Islamic.'' most of the riot activity. This reflects government. It is essential to the separation Although there are numerous moderate of powers. It is essential to the President’s a terrible violation of human rights Muslims in Indonesia who would protect the ability to discharge such constitutional du- and raises the possibility that there right of their Christian brothers and sisters to ties as vetoing legislation he considers con- could be an increase in human rights worship and share their faith freely, there are trary to the Nation’s interest. abuses and a limit to basic freedoms extremists who appear intent on securing They go on to say some of the for the general Indonesian population power and ruling according to Shari'a (pro- charges laid out in the independent as a whole. nounced Shar±ee±aa) law. counsel’s report fall so far short of the It is an understatement to say that Recent laws have been passed which re- high standard that they strain good the economic and political situation in strict freedom of speech and conversion to an- sense. For example, the charge that the Indonesia has been highly unstable in other religion; restrict licensing for building these past 8 or 9 months. Indonesians President repeatedly declined to tes- places of worship; restrict Muslims from tify voluntarily or press a debatable have lost their life savings, they have marrying non-Muslims; and restrict the reli- privilege claim that was later judi- struggled to get food for their families, gious education of private schools. In addition, cially objected. These offenses are not they live in fear of losing their lives in the government must approve of religionsÐ remotely impeachable. With respect, the riots which occurred. certain religions are illegal in Indonesia. Reports suggest that the ethnic Chi- There are a few other nations of the world however, to other allegations, the re- nese only leave their homes to go to which have extremist governments, who do port requires careful consideration of and from work. Otherwise they stay not respect freedom of belief for Christians, the kind of misconduct that renders a hidden. animists, or other non-Muslim religions. President constitutionally unfit to Despite the change in the leadership And reports from Christians in Indonesia stay in office. of Indonesia’s government on May 21, show their fear of being ruled by extremists. When a President commits treason, the rapes and other human rights As the world works to help Indonesia re- he exercises his executive powers or abuses continue. In the midst of this cover economically, it is vital that those solu- uses information obtained by virtue of turmoil and even before the current tions also address underlying issues in the his executive powers deliberately to chaos began another group has suffered culture, such as ethnic and religious preju- aid an enemy. When a President is and continues to suffer as victims of vi- dices, and the ensuing restrictions on fun- bribed, he exercises or offers to exer- olence and arson. The Indonesian damental human rights. cise his executive powers in exchange Christian population has borne tremen- The government of Indonesia should thor- for corrupt gain. Both acts involve the dous difficulty as government troops oughly investigate the mass rapes of Chinese criminal exercise of presidential power, have closed churches and places of wor- women as well as the destruction of churches converting those awful powers into an ship. Further, angry mobs have ran- and bring those responsible for these orga- instrument either of enemies’ interest sacked and destroyed their churches. nized terrorist attacks to justice. or purely personal gain. Since independence in 1945, and espe- The world community of civilized nations de- We believe that the critical distinc- cially since the inception of the mands no less. tive feature of treason and bribery is October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9649 grossly derelict exercise of official Ms. HOOLEY of Oregon. Mr. Speaker, could be removed for any conduct of which power. Nonindictable conduct may rise I yield to the gentlewoman from Or- Congress disapproved, this fundamental ele- to this level. For example, a President egon (Ms. FURSE). ment of our democracy—the President’s might be properly impeached if, as a Ms. FURSE. Mr. Speaker, the letter independence from Congress—would be de- stroyed. result of drunkenness, he recklessly goes on to say: and repeatedly misused executive au- It is not enough, therefore, that Congress ‘‘It goes without saying that lying under strongly disapprove of the President’s con- thority. The misconduct for which the oath is a serious offense. But even if the duct. Under the Constitution, the President President is accused does not involve House of Representatives had the constitu- cannot be impeached unless he has commit- the derelict exercise of executive pow- tional authority to impeach for any instance ted ‘‘Treason, Bribery, or other high Crimes ers. Most of this conduct does not in- of perjury or obstruction of justice, a respon- and Misdemeanors.’’ sible House would not exercise this awesome volve the exercise of executive powers power on the facts alleged in this case. The Some of the charges laid out in the Inde- at all. If the President committed per- House’s power to impeach, like a prosecu- pendent Counsel’s report fall so far short of jury regarding his sexual conduct, this tor’s power to indict, is discretionary. This this high standard that they strain good perjury involves no exercise of presi- power must be exercised not for partisan ad- sense: for example, the charge that the dential power as such. If he concealed vantage, but only when circumstances genu- President repeatedly declined to testify vol- evidence, this misdeed too involved no inely justify the enormous price the nation untarily or pressed a debatable privilege claim that was later judicially rejected. exercise of executive authority. will pay in governance and stature if its President is put through a long, public, voy- These ‘‘offenses’’ are not remotely impeach- b 1630 euristic trial. The American people under- able. With respect, however, to other allega- stand this price. They demonstrate the polit- tions, the report requires careful consider- By contrast, if he sought wrongfully ation of the kind of misconduct that renders to place someone in a job at the Penta- ical wisdom that has held the Constitution in place for two centuries when, even after a President constitutionally unfit to remain gon, or lied to subordinates hoping the publication of Mr. Starr’s report, with in office. they would repeat his false statements, all its extraordinary revelations, they oppose Neither history nor legal definitions pro- these acts could have involved a wrong- impeachment for the offenses alleged there- vide a precise list of high crimes and mis- ful use of presidential influence, but we in. demeanors. Reasonable people have differed cannot believe the President’s alleged We do not say that a ‘private’ crime could in interpreting these words. We believe that conduct of this nature amounts to the never be so heinous as to warrant impeach- the proper interpretation of the Impeach- grossly derelict exercise of executive ment. Thus Congress might responsibly de- ment Clause must begin by recognizing trea- son and bribery as core or paradigmatic in- power sufficient for impeachment. termine that a President who had committed murder must be in prison, not in office. An stances, from which the meaning of ‘‘other Perjury and obstructing justice can individual who by the law of the land cannot high Crimes and Misdemeanors’’ is to be ex- without doubt be impeachable offenses. be permitted to remain at large, need not be trapolated. The constitutional standard for A President who corruptly used the permitted to remain President. But if cer- impeachment would be very different if, in- Federal Bureau of Investigation to ob- tain crimes demand immediate removal of a stead of treason and bribery, different of- struct an investigation would have President from office because of their un- fenses had been specified. The clause does criminally exercised his presidential speakable heinousness, the offenses alleged not read, ‘‘Arson, Larceny, or other high powers. Moreover, covering up a crime against the President in the Independent Crimes and Misdemeanors,’’ implying that any significant crime might be an impeach- furthers or aids the underlying crime. Counsel’s referral are not among them. Short of heinous criminality, impeachment able offense. Nor does it read, ‘‘misleading Thus a President who committed per- demands convincing evidence of grossly dere- the People, Breach of Campaign Promises, or jury to cover up his subordinates’ lict exercise of official authority. In our other high Crimes and Misdemeanors,’’ im- criminal exercise of executive author- judgment, Mr. Starr’s report contains no plying that any serious violation of public ity would also have committed an im- such evidence. confidence might be impeachable. Nor does peachable offense. Mr. Speaker, I include the following it read, ‘‘Adultery, Fornication, or other f high Crimes and Misdemeanors,’’ implying letter for the record: that any conduct deemed to reveal serious OCTOBER 2, 1998. ANNOUNCEMENT BY THE SPEAKER moral lapses might be an impeachable of- Hon. NEWT GINGRICH, fense. PRO TEMPORE Speaker, U.S. House of Representatives. The SPEAKER pro tempore (Mr. DEAR MR. SPEAKER: Did President Clinton When a President commits treason, he ex- commit ‘‘high Crimes and Misdemeanors’’ ercises his executive powers, or uses infor- LATOURETTE). All Members are re- mation obtained by virtue of his executive minded to refrain from personal ref- for which he may properly be impeached? We, the undersigned professors of law, be- powers, deliberately to aid an enemy. When erences towards the President of the lieve that the misconduct alleged in the a President is bribed, he exercises or offers United States. Independent Counsel’s report does not cross to exercise his executive powers in exchange The SPEAKER pro tempore. Under a that threshold. for corrupt gain. Both acts involve the crimi- previous order of the House, the gen- We write neither as Democrats nor as Re- nal exercise of presidential powers, convert- tleman from Delaware (Mr. CASTLE) is publicans. Some of us believe that the Presi- ing those awful powers into an instrument recognized for 5 minutes. dent has acted disgracefully, some that the either of enemy interests or of purely per- Independent Counsel has. This letter has sonal gain. We believe that the critical, dis- (Mr. CASTLE addressed the House. tinctive feature of treason and bribery is His remarks will appear hereafter in nothing to do with any such judgments. Rather, it expresses the one judgment on grossly derelict exercise of official power (or, the Extensions of Remarks.) which we all agree: that the Independent in the case of bribery to obtain or retain of- f Counsel’s report does not make a case for fice, gross criminality in the pursuit of offi- presidential impeachment. cial power). Nonindictable conduct might EXCHANGE OF SPECIAL ORDER No existing judicial precedents bind rise to this level. For example, a President TIME Congress’s determination of the meaning of might be properly impeached if, as a result Ms. HOOLEY of Oregon. Mr. Speaker, ‘‘high Crimes and Misdemeanors.’’ But it is of drunkenness, he recklessly and repeatedly misused executive authority. I ask unanimous consent to claim the clear that Members of Congress would vio- time allotted to the gentleman from late their constitutional responsibilities if The misconduct of which the President is they sought to impeach and remove the accused does not involve the derelict exer- American Samoa (Mr. FALEOMAVAEGA). President merely for conduct of which they cise of executive powers. Most of this mis- The SPEAKER pro tempore. Is there disapproved. conduct does not involve the exercise of ex- objection to the request of the gentle- The President’s independence from Con- ecutive powers at all. If the President com- woman from Oregon? gress is fundamental to the American struc- mitted perjury regarding his sexual conduct, There was no objection. ture of government. It is essential to the sep- this perjury involved no exercise of presi- f aration of powers. It is essential to the dential power as such. If he concealed evi- President’s ability to discharge such con- dence, this misdeed too involved no exercise SHOULD PRESIDENT CLINTON BE stitutional duties as vetoing legislation that of executive authority. By contrast, if he IMPEACHED? he considers contrary to the nation’s inter- sought wrongfully to place someone in a job ests. And it is essential to governance when- at the Pentagon, or lied to subordinates hop- The SPEAKER pro tempore. Under a ever the White House belongs to a party dif- ing they would repeat his false statements, previous order of the House, the gentle- ferent from that which controls the Capitol. these acts could have involved a wrongful woman from Oregon (Ms. HOOLEY) is The lower the threshold for impeachment, due of presidential influence, but we cannot recognized for 5 minutes. the weaker the President. If the President believe that the President’s alleged conduct H9650 CONGRESSIONAL RECORD — HOUSE October 6, 1998 of this nature amounts to the grossly dere- Note: Institutional affiliations for purposes choices for the American people that lict exercise of executive power sufficient for of identification only. the American people should be making impeachment. f for themselves and their family. Perjury and obstructing justice can with- out doubt be impeachable offenses. A Presi- ANNOUNCEMENT BY THE SPEAKER The battle is very clear. The battle is dent who corruptly used the Federal Bureau PRO TEMPORE over the size of government. Advocates of Investigation to obstruct an investigation of the bigger government here want the would have criminally exercised his presi- The SPEAKER pro tempore. Again the Chair would remind all Members to tax burden to remain high so they can dential powers. Moreover, covering up a use these excess revenues to create new crime furthers or aids the underlying crime. refrain from personal references toward Thus a President who committed perjury to the President of the United States, in- programs and expand existing ones. cover up his subordinates’ criminal exercise cluding references to various types of That is the facts. It is the conventional of executive authority would also have com- unethical behavior. common sense of the ordinary Amer- mitted an impeachable offense. But if the ican that seems to get lost in the cloud f underlying offense were adultery, calling the of rhetoric here in Washington. President to testify could not create an of- $80 BILLION TAX CUT SHOULD NOT fense justifying impeachment where there I look forward every time I can split was none before. BE VETOED this town and go back home to Staten It goes without saying that lying under The SPEAKER pro tempore. Under a Island where I live and where my fam- oath is a serious offense. But even if the previous order of the House, the gen- ily is, where the real people are, those House of Representatives had the constitu- people who get up at sunup and work tional authority to impeach for any instance tleman from New York (Mr. FOSSELLA) of perjury or obstruction of justice, a respon- is recognized for 5 minutes. till sometimes 8 or 9 o’clock at night, sible House would not exercise this awesome Mr. FOSSELLA. Mr. Speaker, I rise some of whom work Monday and Tues- power on the facts alleged in this case. The today to speak for the millions of day of a 5-day week just to send their House’s power to impeach, like a prosecu- American taxpayers, the millions of money here to Washington. I ask them, tor’s power to indict, is discretionary. This American taxpayers who believe that do they think they get the money that power must be exercised not for partisan ad- they are overtaxed, millions of Amer- they deserve that they pay in taxes? vantage, but only when circumstances genu- ican taxpayers who go to work every inely justify the enormous price the nation All we are asking for is an $80 billion will pay in governance and stature if its single day, like so many that I rep- tax cut, something that they earned President is put through a long, public, voy- resent on Staten Island and in Brook- for themselves. We believe, at least I euristic trial. The American people under- lyn who feel that they send too much believe, that we need a pro growth tax stand this price. They demonstrate the polit- of their hard-earned money to Wash- policy, one that will cut marginal in- ical wisdom that has held the Constitution ington and do not see enough of it back come rates to provide incentives to the in place for two centuries when, even after home where it belongs. American people to go out and work the publication of Mr. Starr’s report, with A couple of weeks ago, this House and to get to keep more of their hard- all its extraordinary revelations, they oppose narrowly passed a tax relief bill to the impeachment for the offenses alleged there- earned money, not this typical defend- in. tune of $80 billion for the American ing big government, defending big bu- We do not say that a ‘‘private’’ crime could people, specifically targeted to help reaucracy, defending everything that never be so heinous as to warrant impeach- senior citizens, married couples, and Washington stands for that is bad, as ment. Thus Congress might responsibly de- small business owners and farmers. far as I am concerned, and instead termine that a President who had committed The reality is, as we stand here sending the money back to create op- murder must be in prison, not in office. An today, it stands under the threat of a individual who by the law of the land cannot portunities back in Staten Island and be permitted to remain at large, need not be White House veto. In other words, what Brooklyn. permitted to remain President. But if cer- we have been fighting for for the last If the American people back home tain crimes demand immediate removal of a year to bring much needed tax relief to want that money to save, if they want President from office because of their un- the American people, with the stroke it to invest, if they want it to build speakable heinousness, the offenses alleged of a pen, will be rejected by the White their local churches or civic organiza- against the President in the Independent House. Counsel’s referral are not among them. tions and keep that money close to Short of heinous criminality, impeachment I think I speak for most of the Amer- home, then I say let us draw the line in demands convincing evidence of grossly dere- ican people who believe that they pay the sand. too much in taxes. When we talk about lict exercise of official authority. In our Let us send that money back home, judgment, Mr. Starr’s report contains no pittance and sending some of that stand with the Republican majority such evidence. money back home to Staten Island or Sincerely, Brooklyn or anywhere else across this here that really had to fight tooth and Jed Rubenfeld, Professor of Law, Yale Uni- country, I do not think these folks are nail when we listen to that debate to versity. pass that tax bill, and send the mes- Bruce Ackerman, Sterling Professor of asking too much. We are talking about taking money sage to the White House once and for Law and Political Science, Yale University. all that the American people deserve to Akhil Reed Amar, Southmayd Professor of out of a surplus. Well, let us be real. Law, Yale University. Where does this surplus come from? It keep their hard-earned money. Susan Bloch, Professor of Law, George- does not fall out of the trees here in Let us look forward next year, this is town University Law Center. Washington. It is generated from the a small step, next year come back here Paul D. Carrington, Harry R. Chadwick Sr. and try to reduce the tax burden even Professor of Law, Duke University School of hard-working Americans who go to Law. work every single day, some of whom more, create a policy where we can re- John Hart Ely, Richard A. Hausler Profes- work 6 and 7 days a week, some of duce those marginal rates again to pro- sor of Law, University of Miami School of whom are struggling to pay their mort- vide incentives to people to work and Law. gage or make their car payments or to keep more of that money. That is a Susan Estrich, Robert Kingsley Professor very simple message, a very simple of Law and Political Science, University of pay a college tuition. Southern California. I think the notion comes down to a message that somehow gets lost every John E. Nowak, David C. Baum Professor very fundamental difference between time we come around here in the Belt- of Law, University of Illinois College of Law. those who want to stand in the way of way. Judith Resnik, Arthur L. Liman Professor, growth and stand in the way of oppor- But I think that when I go back Yale Law School. Christopher Schroeder, Professor of Law, tunity and stand in the way of allowing home and I talk to the small business Duke University School of Law. the Americans the freedom to spend owner who is looking for 100 percent Suzanne Sherry, Earl R. Larson Professor their money as they see fit and com- deductibility for his health insurance of Law, University of Minnesota law School. pare and contrast that to those who where now it is 40 percent, if I talk to Geoffrey R. Stone, Harry Kalven, Jr. Dist. just want to keep that tax burden as that married couple who is paying a Serv. Professor & Provost, University of Chi- high as possible to keep the Federal penalty, a penalty for being married, it cago Law School. Laurence H. Tribe, Tyler Professor of Con- Government growing larger and larger is ridiculous. Mr. Speaker, let us bring stitution Law, Harvard University Law and to allow the bureaucrats and the much needed tax relief to the Amer- School. politicians in Washington to make the ican people. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9651 The SPEAKER pro tempore. Under a the years to come bring him good In 1775 Patrick Henry made this pro- previous order of the House, the gen- health, happiness, and time to enjoy found statement, ‘‘I know of no way of tleman from Kansas (Mr. MORAN) is his family. All of my best. judging the future but by the past.’’ recognized for 5 minutes. f This Nation is a model for other na- (Mr. MORAN of Kansas addressed the tions, and we function best when we TRIBUTE TO GAIL BETHARD OF House. His remarks will appear here- follow the guiding principle that has SOMERSET COUNTY 4–H after in the Extensions of Remarks.) made us a model. That principle is that The SPEAKER pro tempore. Under a f the government does what is good for previous order of the House, the gen- the many rather than what is just good The SPEAKER pro tempore. Under a tleman from New Jersey (Mr. PAPPAS) for the few. previous order of the House, the gen- is recognized for 5 minutes. b tleman from Michigan (Mr. EHLERS) is Mr. PAPPAS. Mr. Speaker, today I 1645 recognized for 5 minutes. rise to congratulate Gail Bethard upon Some, for political gain, want to im- (Mr. EHLERS addressed the House. her retirement from 18 years of service peach the President at any cost, at all His remarks will appear hereafter in to the Somerset County, New Jersey 4– costs. That may be good for them, but the Extensions of Remarks.) H Youth Development Program. Dur- it is not good for America. f ing this week, which is National 4–H There are 3 main reasons why we Week, it seems fitting to pay tribute to should approach this matter with great TRIBUTE TO THE HONORABLE a woman who has devoted so much care. First, we have never, never im- ESTEBAN TORRES time, so much of her life to making the peached a President. Second, the Con- The SPEAKER pro tempore. Under a 4–H program such a success. stitution is very specific as to what previous order of the House, the gen- While working as a middle school constitutes ‘‘impeachable offenses.’’ tleman from Texas (Mr. HINOJOSA) is mathematics teacher, Gail initially We must not attempt to substitute our recognized for 5 minutes. joined 4–H as a volunteer with her hus- personal views for what the Constitu- Mr. HINOJOSA. Mr. Speaker, it is in- band Wilson over 23 years ago. She tion prescribes. Third, we are establish- deed a privilege for me to be able to then became involved with 4–H on a ing precedent, dangerous patterns that participate in today’s special order rec- part-time basis until she became a full- will follow us for years and years to ognizing the service of my distin- time Program Associate. Gail has over- come, criterias that may govern how guished colleague, the gentleman from seen the youth public speaking pro- our citizens are treated. Only 2 Presidents have faced im- California (Mr. TORRES). gram, which quickly became widely- As a freshman, I have unfortunately recognized and respected around New peachment: Andrew Johnson in 1868, not had the honor of serving with the Jersey. In addition, she has been a liai- and Richard Nixon in 1974. Johnson was gentleman from California (Mr. Torres) son for the individual 4–H clubs, assist- acquitted, and Nixon resigned before for very long. What I do know, though, ing them with daily operations and trial. Indeed, in the 60 impeachment from my brief association is that we inter-group projects. proceedings since 1789, no President, no President, has ever been impeached. are saluting a great individual, some- If these tasks were not enough, Gail’s What are the lessons we learn from one who has committed himself to im- involvement with 4–H expanded as she that history? One vice president faced proving the quality of life for all Amer- began to coordinate the annual Somer- set County 4–H fair. For the past 14 impeachment. Spiro T. Agnew in 1973. icans and particularly America’s His- However, the House refused to impeach panic community. years, Gail has overseen and organized the 400 plus volunteers who assist with him. What are the lessons we learned? Since being elected to Congress in Impeachment of a President is a 1982, the gentleman from California exhibits, demonstrations, and other highlights of the three-day fair. She grave and serious undertaking for this (Mr. TORRES) has represented his con- has, indeed, made the 4–H fair an event country. It is a constitutional process, stituents and community passionately, one carefully designed to allow the will demonstrating in his work both a for all of us to enjoy. Gail has been described by her peers of a majority of Americans to be frus- fierce dedication and a keen under- as respected, a good mentor, and some- trated and overturned. The President standing of the legislative procedures. one who has always been there for all has been elected twice. We should ap- He has worked tirelessly to improve the clubs. We are all indebted to Gail proach this process with extreme cau- the American economy and to help cre- for her commitment to helping all of tion, circumspection, and care. It ate jobs. He has been an indispensable those involved with 4–H, especially the should not be taken lightly or done friend to consumers. He has success- young people. frivolously. fully championed affordable housing I have enjoyed her advice and assist- The Constitution set out the reasons for low and moderate income families. ance in working with Somerset Coun- a President can be removed from office; His environmental efforts have met ty’s great 4–H’ers. I thank Gail Bethard for ‘‘Treason, bribery or other high with equal success, as has his work to for her dedication to Somerset County crimes and misdemeanors.’’ Nothing I crack down on gang crime. The list 4–H and wish her happiness in her re- have seen or heard to date rises to the goes on and on and on. tirement and happy trails during her level of treason or bribery. Those are But above all, above all, I think this much anticipated travels with her hus- the specific reasons set out in the Con- is how I will remember him most, the band Wilson. stitution. The term, ‘‘other high gentleman from California (Mr. The Somerset County 4–H program is crimes and misdemeanors’’ set out gen- TORRES) is someone who has displayed better because of Gail Bethard and her eral reasons. perseverance for the people, exemplify- extra-special treatment of all those she Basic to legislative drafting and stat- ing what voters want from their lead- comes in contact with. She will be utory interpretation is the concept ers in politics, and especially in Wash- missed by hundreds of people who re- that the specific governs the general. ington. spect and love her for not just what she In American jurisprudence that when a That is indeed a legacy of which to be has done but because of who she is. listing of items include both specific quite proud, and the gentleman from f and general items, the specific items California (Mr. TORRES) is indeed some- will govern what the general items one I am glad to call my friend. LESSONS LEARNED mean. Very shortly the gentleman from The SPEAKER pro tempore. Under a Surely, none would suggest that what California (Mr. TORRES) will be saying previous order of the House, the gentle- the President is alleged to have done is farewell to this chamber. For those of woman from North Carolina (Mrs. the same as treason or bribery. For the us who remain behind, your good-bye CLAYTON) is recognized for 5 minutes. few who disagree with the overwhelm- will be bitter sweet, but I know how Mrs. CLAYTON. Mr. Speaker, as we ing majority of the American people, nice it will be for you to call your time consider launching an impeachment in- politics should not be confused with your very own. quiry, it is useful to contemplate the punishment. I want to join with everyone here lessons we have learned about impeach- Former President Ford has rec- today and wish for the gentleman that ment. ommended a punishment that may be H9652 CONGRESSIONAL RECORD — HOUSE October 6, 1998 consistent with the offense in this case. do all kinds of investigations, and we uation, including funding for the Inter- He is being thoughtful and not politi- ought to be investigating where it is national Monetary Fund to stop the cal. What is best for the many of us is necessary, could not find time to pass a hemorrhage. Sorry, this Congress is to be thoughtful and not political. All Federal budget. So we are operating too busy. But what can this Congress crimes are not ‘‘impeachment of- under a temporary or short-term con- do? Boy, it can investigate. fenses.’’ If so, we could impeach the tinuing resolution until October 9. Pre- That is why I find it so interesting, President for walking his dog without sumably, we will either have another when there are some who want to urge a leash. That is unlawful in the Dis- continuing resolution or another short- the Committee on the Judiciary to be trict of Columbia. That is bad conduct, term one to carry us forward or the open-ended, to go beyond the matters thus absurdly underscoring the danger government shuts down. that have been brought to it, and in- of substituting our belief of what the One of the basic things that the Con- stead to get into Travelgate, Filegate, Constitution states. The Constitution gress ought to be able to do is to pass Whitewater, maybe even Watergate, says nothing about bad conduct as an a budget for the next fiscal year. Inci- who knows. impeachable offense. dentally, in the 13 appropriation bills The irony to this is that these have I believe the Constitution sets out a that really make up the Federal budg- been covered extensively for the last 2 process that Congress should follow et, as of a couple of days ago, I believe years. The Senate Thompson hearings, when serious allegations of wrong- one had been signed into law, several the Committee on Government Reform doing, allegations of impeachable of- more are finally beginning to work and Oversight hearings on Filegate and fenses, have been made against the their way through. Most of those will Travelgate. The Committee on Bank- President. Under the Constitutional not be passed in a timely manner ei- ing and Financial Services hearings on mandates, a process is now underway ther and, once again, we will be faced Whitewater. Our committee alone to determine if the President should be with a continuing resolution. spent 22 days of hearings on these mat- So if we had all of this time to con- impeached. When we fail to follow the ters, including campaign finance re- duct all of these investigations, what is constitutional process, we fail to con- form, millions of dollars spent. it we did not have time to do? Well, the So when we hear the talk about, well, sider the lessons we have learned. investigations curiously, many of we need to have the Committee on the Just ask Richard Jewel who was first them, and I sit on the Committee on Judiciary open all of these up, this is accused of the Atlanta bombings, or Government Reform and Oversight what this Congress, all it has done for ask anyone else or thousands of per- that has been involved in many of the 2 years. Where are the results? sons, innocent persons who have been investigations, many of them dealt Mr. Speaker, the reality of the situa- wrongly accused. We should allow that with campaign finance reform. So it tion is, this is a do-nothing Congress, process to take its course and, would seem logical after millions of and unfortunately, there is a lot of di- throughout this process, we should be dollars of investigations, hundreds of version going on to cover that fact up. very careful to insist upon fairness, the subpoenas and depositions and inquir- No budget, no campaign finance re- rule of law, and impartial judgment. ies and witnesses, it would be logical form, no Patients’ Bill of Rights, no Mr. Speaker, we have learned many that Congress would try to fix the Social Security reform, nothing done lessons. Hopefully, we have learned the problem, right? The problem being mil- about the economy, nothing done lesson that an impeachment proceeding lions of dollars of soft money being about the stock market, nothing done is a very serious process. abused by both Republicans and Demo- about the Asian economy, nothing f crats. That was the problem in 1996. done about South America. ANNOUNCEMENT BY THE SPEAKER That is what the investigation is Mr. Speaker, if people love investiga- PRO TEMPORE about. tions, they will really like this Con- The American people will not see a gress. Let me just suggest one more in- The SPEAKER pro tempore (Mr. campaign finance reform bill this year. vestigation. Who is responsible for this LATOURETTE). The Chair will remind It passed the House, it cannot be do-nothing Congress? Members of the House to refrain from brought up in the other body. f personal references to the President. One would think that with 70 percent f of the American people covered by ELECTRIC RESTRUCTURING—LET US GET IT RIGHT DO-NOTHING CONGRESS their employers in health insurance, and those 70 percent, they are in man- Mr. STEARNS. Mr. Speaker, deregu- The SPEAKER pro tempore. Under a aged care plans; one would think there lation of the airlines, natural gas, rail- previous order of the House, the gen- would be a Patients’ Bill of Rights to roads, telecommunications, and truck- tleman from West Virginia (Mr. WISE) protect those. That is one of the prob- ing industries yield annual savings is recognized for 5 minutes. lems that I hear the most about. There equal to nearly 1 percent of America’s Mr. WISE. Mr. Speaker, while I have will be no meaningful Patients’ Bill of gross domestic product. Next January, another matter to talk about, I also Rights for managed care plans this in the 106th Congress, we will attempt want to rise in tribute to my colleague year. to craft a measure that will finally and and classmate, the gentleman from One would think with Social Secu- successfully unleash competition and California (Mr. TORRES). We came to- rity being on everybody’s lips, there savings from the utility industry. gether in the Congress of 1983. I view would be something being done by this In recent years, competition has re- the gentleman as being a true renais- Congress about Social Security. Sorry, placed regulation for the electric power sance person in so many ways in the no Social Security reform this year. industry in many other nations, in- best sense of the word. He has always One would think that with millions cluding the United Kingdom, New Zea- represented our class well, and I wish of Americans having lost much of their land, Norway, Chile and Argentina. him good luck from one of his fellow retirement in just the last 2 months be- Many took a very long term approach classmates. cause of the stock market going into to this process. The United States faces Mr. Speaker, I want to talk about a the tank, one would think that that a unique situation in that our electric couple of things: scheduling and inves- could be something that Congress power industry is largely already tigations. could deal with. Millions of Americans privatized. So we must focus on alter- Now, Mr. Speaker, I think it ought to are going to get a surprise this month ing our current system and effectively be pointed out that as we hopefully when they go to open their quarterly fostering competition. wind into the final week of this Con- statement on their 401(k) or thrift Now, this should not be done through gress, we are today at October 6. Octo- plan, retirement plan to find out how a Federal mandate. Five of the 10 larg- ber 1 is the beginning of the Federal much their holdings have diminished est electric consumer States already fiscal year, and I think it is time that because of the stock market decline. have mandatory competitive restruc- the American people understand that Sorry, this Congress is not taking that turing. Clearly, we would be wise to there is no Federal budget. There was up this year. make the State-mandated restructur- no Federal budget passed this year. Nor will it take up anything appar- ing more efficient instead of imposing This Congress, while it can find time to ently that will deal with the Asian sit- a separate, huge new Federal mandate. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9653 I see the ideal measure as one that b 1700 a friend, a mentor and a leader for me fosters competition, avoids Federal Eliminating the barriers to entry personally. It is with great regret that mandates, and lowers rates for all con- into the electricity market is fun- I see him retire from this great institu- sumers. To create this legislation, we damental, of course, to this reform. We tion, but I know that he and Arcy are must eliminate outdated laws, inject must repeal, one, the Public Utility going to have a great time with their fairness into the process, and delineate Regulatory Policy Act, PURPA, and grandchildren and their children, but I the proper role of the Federal Govern- the Public Utilities Holding Company know that he will continue to be the ment and State governments. But do Act, PUHCA, to ensure that any transi- advocate that he has been for our com- not misunderstand me. Reforming the tion to retail competition should be munity. electric industry is no simple matter. truly competitive. So I congratulate ESTEBAN for the This is an enormous undertaking. Next The entire efficacy of PURPA cen- fine work he has done. We are going to January, in the 106th Congress, we will tered on the supposition that produc- miss him, but we know that he is still consider the livelihoods of entire in- ing electricity would become more ex- going to be out there for us. dustries, constitutional questions, and pensive. In fact, Mr. Speaker, it has be- Mr. TORRES. Mr. Speaker will the the interests of the entire rate-paying come cheaper. Thanks to PURPA, gentleman yield? public. Accordingly, we must address Americans will pay $38 billion in higher Mr. PASTOR. I yield to the gen- these points to fully realize the bene- electricity bills over the next 10 years tleman from California. fits of energy reform: than they normally would have. Mr. TORRES. Mr. Speaker, I thank the gentleman for yielding and for his Every customer must benefit from In conclusion, deregulation of the electric industry requires consider- tribute to me during this special order. this deregulation, not just the large in- Indeed, I am honored. He mentioned dustrial users of electricity. I am con- ation of a myriad of factors. The stakes are high but so, of course, are the bene- Miami, Arizona. It should be noted for cerned that any rush next year in re- my colleagues here that the gentleman forming the electric utility industry fits. In the 106th Congress let us not rush. Let us work together and con- from Arizona (Mr. PASTOR) and I are could result in large industrial users both natives of Miami, Arizona, a small seeing greater benefits, while residen- sider all these issues. f mining town in southeastern Arizona. tial users and small businesses would He comes from that stock of people pay for that benefit. One must look at TRIBUTE TO CONGRESSMAN who have worked hard to make this na- the State-level experiences of Massa- ESTEBAN TORRES tion what it is today, and I am proud chusetts and California to see that if The SPEAKER pro tempore (Mr. that I come from the same part of the we do not effectively address consumer STEARNS). Under a previous order of country. Perhaps it must be something issues, we will certainly face a con- the House, the gentleman from Arizona that was in the water in Miami, Ari- sumer backlash. The ballot measures (Mr. PASTOR) is recognized for 5 min- zona, but it has yielded two great sons in these States underscore how unique utes. to the House of Representatives. the electric power industry is: it per- Mr. PASTOR. Mr. Speaker, I just Mr. Speaker, I appreciate the kind meates every aspect of our lives and, of want to take a few minutes to give my words about me from the gentleman course, our economy. appreciation to a great leader in this from Arizona (Mr. PASTOR). He has We must honor past regulatory Congress but also a great leader in the been, indeed, a friend of mine through- schemes and commitments and allow Hispanic community. As this term out my period of time here and before recovery of stranded investments. Elec- ends, the gentleman from California that, as he mentioned, and I will con- tric utilities incurred ‘‘stranded costs’’ (Mr. TORRES) will be retiring. I have tinue seeing him in our lives as they under a regulatory scheme not of their had the honor of working with ESTEBAN continue on, as we continue our com- own choosing. These utilities made for the past 30 years. I first met him mitment to our communities. long-term decisions based upon decades when he was involved with Telecue, a f of regulation. To deny industry recov- community based organization, whose INDEPENDENT AND FREE ery of these costs would go against the objective was to give a voice to the ELECTIONS IN SLOVAKIA fairness that I spoke of earlier. That Hispanic community in southern Cali- being said, lower rates would be fos- fornia. The SPEAKER pro tempore. Under a tered by real deregulation and indus- He was very effective in organizing previous order of the House, the gen- trial and regulation innovation, not by that organization and today in south- tleman from Florida (Mr. MICA) is rec- just merely shifting costs. We should ern California many Mexican Ameri- ognized for 5 minutes. not merely ‘‘reshuffle the deck,’’ so to cans have great pride in this organiza- Mr. MICA. Mr. Speaker, I come be- speak, on who pays. tion. ESTEBAN was recognized for the fore the House this evening to talk fine work that he did when he was very briefly about a great European A significant hurdle to deregulation named ambassador, and he served for leader, Alexander Dubcek, and also to is the diverse nature of power genera- many years in Paris, representing this talk about the Slovak elections. Re- tors, including public power providers, great country and was called by Presi- cently, in Slovakia, we had the oppor- municipalities, investor-owned utili- dent Carter to come back to the White tunity, after a thousand years, to wit- ties, and Power Marketing Associa- House and work in his administration. ness free and independent elections. As tions. Reconciling these disparate ESTEBAN was a voice for many of us. some may know, Slovakia gained its views will be a monumental task, no ESTEBAN was an advocate for us and freedom some 5 years ago and inde- doubt, yet fairness demands that we again gave us great leadership. Since pendence as a free nation in the West- produce a level playing field for all en- he has been in the Congress, he has ern European host of nations. In the ergy providers and transmitters. been involved in many endeavors. last few weeks Slovakia has had the Reforming the energy industry on a Whether it be civil rights, betterment opportunity to elect for the first time Federal level means clarifying the of education, ensuring that the Smith- representatives to their government roles of the Federal and State govern- sonian Institute reflected the makeup that potentially will allow a true, free, ments. Where does the Federal respon- of our country in terms of its diversity, honest government for that nation. sibility end and the State responsibil- ESTEBAN has been out there. In the past years, there has been ity begin? The diverse situation among I know that very recently he was some conflict, there have been some the States adds to the difficulties of honored because of a scholarship pro- problems in Slovakia, and in an elec- this reform. Some States have always gram he promoted on a national basis. tion, which was a record by all Western supported regulation; others have The people of Miami, Arizona, are very democratic standards, 85 percent of the taken progressive stances, while still proud because ESTEBAN was born in Ar- Slovaks turned out to cast their ballot. others, like my home State of Florida, izona but moved to California to con- They decided to make a change in gov- enjoy the benefits of moderately priced tinue his career. ernment, an important change in Slo- electricity, and, of course, they see On a personal note, Mr. Speaker, I vakia, and it is very important to the very little need for reform. have to tell you that ESTEBAN has been Congress and to the Western world the H9654 CONGRESSIONAL RECORD — HOUSE October 6, 1998 change that took place in that free and marks in relationship to the honor we he knew what was in the law. He al- open election. They decided that they wish to pay to a remarkable Member of ways did his homework prior to any would form a new government and, the Congress and of our committee, the hearing or any markup, and then again, create an opportunity for that gentleman from Illinois (Mr. FAWELL). fought passionately in support of his country, which has had a thousand The SPEAKER pro tempore. Is there position on every issue, much to the years of oppression, to be free and inde- objection to the request of the gen- exasperation of his adversaries. pendent. Once again Slovakia will form tleman from Illinois? I can remember one time when Chair- a Western-leaning government. There was no objection. man FORD became so exacerbated by My grandfather was a Slovak Amer- Mr. GOODLING. Mr. Speaker, before HARRIS’ insistence on an issue that he ican immigrant, and I know the oppres- we honor the gentleman from Illinois finally said to HARRIS if he would sim- sion that that country has seen with (Mr. FAWELL), I just want to make sure ply agree to drop his opposition to the domination not only by the Nazis, not that my good friend, the gentleman amendment, BILL said he would retire only by Russia and Stalin, not only from West Virginia understands that from Congress. HARRIS hesitated for a under its own communist regime. Even perhaps his committee did not do ev- few seconds and then he leaned into the as part of the Czech Republic they did erything he wanted to but he would microphone and simply said, ‘‘Do not not have the opportunity to be a free sure be offended if he were a member of tempt me.’’ the Committee on Education and the and independent nation. b 1715 So today we celebrate a free, inde- Workforce. Just to mention a few pendent election, the potential to con- things that we have done, the Higher And the room, of course, went up and tinue as a free and independent nation, Education Act, the Reading Excellence laughter. The incident demonstrates and Western-leaning democracy. Be- Act, the school nutrition bill, the voca- why HARRIS was such an effective cause of its importance, Slovakia, tional technical education bill, quality member of the committee and of the which juts out into the west between Head Start bill, a charter school bill, House as a whole. He always fought for Hungary and the Czech Republic now Individuals with Disability Education what he thought was right, never com- has an opportunity to participate as a Act, prepaid college tuition plan, job promised his principles, and he still full partner in NATO, in the European training reform, bilingual education kept his sense of humor. Union and as a Western partner. reform, emergency student loans, equi- In the 14 years that he has served The world has seen many great lead- table child care resolution, juvenile under our committee, he has worked ers from Slovakia, and I know great justice, just to mention a few. So do tirelessly to better the lives of working leaders will emerge from this coalition not paint us all with the same brush. Americans from his leadership on that is to be formed in the new govern- We have been hard at work. health care to his efforts to improve ment. It gives me great pleasure to have productivity, safety, and health in the Alexander Dubcek, a Slovak, in 1968, this special order this evening. I have workplace, and his overall philosophy led the revolution, the revolution that served with HARRIS on the Committee that there should be a level playing was oppressed by Soviet tanks that on Education and the Workforce for 14 field between labor and management. trampled Slovakia. Now, for the first years, back when it was the Committee He has been on the front lines of all the time, that country has an opportunity on Education and Labor. I have always major work force policy debates in the to be new, to have a new ‘‘Spring’’ of looked to HARRIS for his expertise and Congress, and, HARRIS, we certainly are freedom. That revolution has been his enthusiasm on labor issues to help going to miss you. known as the ‘‘Prague Spring’’ but it me appreciate the finer points of labor Mr. Speaker, I now yield to the gen- was really the ‘‘Dubcek Spring,’’ law. As a matter of fact, I would be tleman from Illinois (Mr. SHIMKUS). sprung from the heart of a native willing to say there is not anyone on Mr. SHIMKUS. Mr. Speaker, HARRIS Slovkian. the committee, with the exception of has been a true friend and fellow Illi- So we as Americans, we as Members HARRIS, who truly understands labor noisan, and I will miss him. of Congress, we as Slovak Americans, law, who truly has been made it a labor There is some benefit to being a new salute these free and independent elec- love to understand it, and to try to im- Member of Congress, and that is get- tions. This bright new opportunity for prove it and try and get us into the 21st ting a chance to meet some of the freedom, the standard that was set by Century so we can survive as a great great personalities of this Republic. Alexander Dubcek, can now rise, and Nation. And I include HARRIS FAWELL in that. the Soviet domination of the past is be- I also know that over those years, he A real ‘‘Pork Buster’’ before pork bust- hind us; the Nazi domination and a may have been challenged many times ing was cool. And as we have now a thousand years of oppression are be- but he had always done his homework conservative Congress that looks at hind us. A bright future for Slovakia is 100 percent better than anyone else on saving money, he was in the trenches before us. the committee, and I think the only long before many of us realized the im- I come to the floor as a Slovak Amer- other person that I can remember who portance of that fight. ican, as an American, as a Member of really understood what they were talk- But I am really here to read a state- Congress, to salute the Slovak people ing about when they talked about labor ment from your staff, HARRIS, that on their great accomplishment, their law was probably John Elernborn, who they have asked me to read. And it is new opportunity for freedom and inde- I served with also. a great honor for me to carry this mes- pendence and express my hope and In fact, HARRIS is so renowned in the sage from your staff to you in this op- prayers for a new government that will House, among other things, for his portunity. Envision me as your staff. work closely and participate with focus on the details and for his exper- They are a little more efficient than I other Western Democracies. tise in health care and pension law. In am. f fact, he speaks so lovingly about ‘‘We count ourselves tremendously ERISA that I only recently found out lucky to have worked for you. Your TRIBUTE TO CONGRESSMAN that his wife’s name is actually Ruth. I kindness and humility, quiet leader- HARRIS FAWELL thought it was Erisa. ship, the fact that you listen to us and The SPEAKER pro tempore. Under When he first came to the commit- care what we say shows us each day the Speaker’s announced policy of Jan- tee, we Republicans were in the minor- what it means to be a true public serv- uary 7, 1997, the gentleman from Penn- ity, and he always led the fight against ant. sylvania (Mr. GOODLING) is recognized any excesses proposed by the other side ‘‘In these cynical times, it is easy for for 60 minutes as the designee of the on many issues. Because of differences staffers to become disillusioned with majority leader. in our seniority, I never had the luxury government service. Working with you GENERAL LEAVE of sitting next to him and see him take has shown us how an honest and caring Mr. GOODLING. Mr. Speaker, I ask all of those notes so that he was ready man of integrity can still make a dif- unanimous consent that all Members to fire back as soon as somebody made ference here in Washington. Our time may have 5 legislative days within a statement and they did not know spent with you has maintained our which to revise and extend their re- what they were talking about, because faith in leadership. You have forever October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9655 influenced our understanding of policy to another subcommittee chair, the bills that had been passed through this with your dedication to thorough anal- gentleman from North Carolina (Mr. committee, and most all of the ones ysis and your commitment to knowing BALLENGER). that were mentioned were education what is right, or as you sometimes put Mr. BALLENGER. Mr. Speaker, I bills. And I commend the gentleman, it, ‘20th century stuff.’ We watch you thank the gentleman from Pennsyl- because our chairman is a past educa- earnestly and tirelessly advocating for vania for allowing me to speak at this tor. But HARRIS and I have been on the these things. time. And as an individual who has labor end of this thing. And you cannot ‘‘You inspire us to think harder, care served with HARRIS, I guess I am 2 get them all passed, but some of the more about each policy or person we years short of his same tenure, and we names that he has come up with are come in contact with. We feel lucky have been on this committee together just beautiful. Any artist would have that we have been included in the Fa- for 12 years, as far as I am concerned said this bill should have passed. well family, privy to your oatmeal rec- there was always one person I could The first one I am looking at, ‘‘Sav- ipe, popcorn lunches with stories about count on. ings Are Vital to Everyone’s Retire- growing up as a ‘‘Fighting Fawell,’’ He had one labor subcommittee, and ment Act.’’ Now, who in the world Ruth’s snickerdoodle cookies, and late- I had the other labor subcommittee, could possibly be against a bill like night show tunes and quotes from and when things got rough and the that? Well, the Democrats were. There Broadway plays. Democrats, since we have been in con- is another one, ‘‘The Sales Incentive ‘‘Among us we do not know anyone trol, had nothing else to do, so the Compensation Act.’’ Now, there is no- who has worked for you, or works for whole right-hand side was just full of body that would recognize the free en- you, who would not do anything for people. But on our side, HARRIS and I terprise system existing in any better you. HARRIS, they say that the ship re- were alone. He was either in front, and fashion than that particular method. flects the captain. We count ourselves I was standing there to second what- ‘‘The Faculty Retirement Incentive lucky to have been on the Fawell ship. ever he did. We had the votes, but we Act.’’ Harris was always full of incen- We can only hope that we have been a just did not have the people, so we had tives one way or another. And I think the greatest one of all is reflection of you and that we will be, to work together on this thing. the ‘‘Paycheck Protection Act.’’ Now even as you sail on other seas.’’ I still remember, because I had joined that one I would have gone down for- I think that is a great tribute, HAR- his organization. He and the gentleman ever and ever if we could have ever RIS, and I appreciate the opportunity from Texas (Mr. STENHOLM) invented passed that. Most of these bills we ac- to convey those messages from your this idea of the Pork Busters. And talk tually got out of the House, but some- staff. about an individual who does not mind Mr. GOODLING. Mr. Speaker, I yield getting bruised and beat up. Anybody how there is a body on the other side of to the gentleman from Chicago (Mr. in those days when the Democrats had the building over here that has to have 60 votes to cut off a filibuster. And DAVIS). absolute control of this body here and Mr. DAVIS of Illinois. Mr. Speaker, I somebody standing up trying to cut the once they do not have that 60 votes, a lot of HARRIS’S bills and my bills just want to thank the gentleman from budget, it did not make any difference never appear again. Pennsylvania (Mr. GOODLING) for yield- how difficult it was, there was no way But with beautiful names like the ing me this time and giving me this op- that we as Pork Busters were going to ‘‘Working Family’s Flexibility Act,’’ portunity to share some comments accomplish our purpose. And most of who could ever vote against something about my colleague. I rise today to pay us had enough sense not to stand up like that? That is a fabulous idea. And tribute to the distinguished gentleman and get beat up the way some of us did, the ‘‘Team Act.’’ Anybody that recog- and my colleague from the 13th Dis- and Harris was one. He must have en- nizes the way this country operates trict in Illinois, Congressman HARRIS joyed getting beat up, because in re- must know that the ‘‘Team Act’’ is one FAWELL. ality he would get up and fight and of the most important things that we Congressman FAWELL has rep- lose. The next day he would get up and could have passed, but we did not. resented the 13th District and the con- fight and lose. And I would like to add one more stituents of that district since 1984. He I just have nothing but absolute ad- thing about HARRIS as the chairman of has been a lifelong resident of Illinois miration for somebody that will stand our little subcommittee where I sat and attended law school in my district up alone and try to reduce the budget with him. For those people that do not in Chicago at Chicago’s Kent College of that way. know the way we operate up here, Law. Therefore, we claim some rep- I think the one thing that almost ev- there is a little machine in front of the resentation for his success and for all erybody has to admit, and anybody in speaker. It has a red light, a green that he has been able to do. this whole organization, is a thing light, and a yellow light, and speakers Congressman FAWELL has distin- called ERISA. It is a type of operation are limited to 5 minutes. When the guished himself as an efficient, effec- that protects large corporations that green light is on, your five minutes are tive, and professional legislator. He has have plants all over the United States, working. The yellow light comes on, served with distinction on both the different areas, and it keeps people, and you are just about to get turned House Committee on Education and they have the same law, they have a off. And the red light comes on, and the Workforce and the Committee on Federal law that says if a company has you are through, supposedly. Science. He leaves behind a legacy of a plant in New Jersey and a plant in But Chairman FAWELL always was committed service to his constituents Massachusetts and a plant in Califor- kind enough to say that I think I have and to this Nation. nia, they all have the same law, Fed- overused my minute or so, maybe even I believe that the tribute paid to him eral law, to affect their retirement and 10 minutes or so, but he was always by the Members of his staff represents to affect their insurance and so forth. willing to give the Democrats the same the kind of esteem in which he is held. And nobody in this body understands benefit. I thought it was unbelievably The Illinois delegation will not be that any better than HARRIS FAWELL. kind of him, especially one day when I the same without Congressman FA- In fact, most of us that listen to this first got on the committee and did not WELL. We shall miss you and wish for discussion that HARRIS will sometimes realize the way HARRIS operated. you all the best. have with his professionals do not even He was sitting right next to me, and Therefore, on behalf of all the resi- understand what he is talking about. If he made the motion that he would be dents of the Seventh Congressional my colleagues have ever thought of a allowed to talk on the bill, and he District, we salute you for your fine lawyer speaking insurance, those are talked, and his 5 minutes was up, and I service and trust that in retirement two completely different languages, was going to come next. HARRIS said, you will experience peace and content- but he can do them both at the same ‘‘Cass, will you let me have a minute of ment, that your years of service serves time and fool us all as to what it really your time?’’ And being a very naive lit- you well, and that you so rightly de- means. tle freshman I said, ‘‘Sure, go ahead.’’ serve. Best wishes and good luck. Our chairman of our committee, the And so Harris got the word, and he Mr. GOODLING. Mr. Speaker, I gentleman from Pennsylvania (Mr. used up every minute of my 5 minutes. thank the gentleman, and I now yield GOODLING), mentioned a whole bunch of I have never been so deeply hurt. H9656 CONGRESSIONAL RECORD — HOUSE October 6, 1998 But anyhow, he is a wonderful guy. either in committee or on this floor, to be laid, and a foundation had to be He is the most dependable, honest, sin- when he rose to speak, he knew what laid by people in the 1980s and early cere individual I have ever known, and he was talking about. He has done his 1990s that highlighted the information I cannot say anything good enough for homework. He never came on this floor and put out in public view the informa- him, and I hate like the dickens to see without being prepared, and that is a tion that said the American govern- him leave. Like I told him always be- tribute to a great man. ment is too big and it spends too much fore when I had my hearing in my sub- So, HARRIS, my time is up, but I and here are some examples. committee, he was there, and we could wanted to come down here and tell HARRIS FAWELL, through his efforts take care of each other. We would do you, I will not be here to miss you, but in Pork Busters, laid that foundation. the same thing for each other. And now I will miss your being here to represent The rest of us were able to build off that he has run off and left me, I think the views of the people who are really that foundation. It was, what, just 6, 7 my choice of words earlier was ‘‘I am concerned about the spending that goes days ago that I think we reached the dead meat now.’’ When the time comes on in this Congress to make sure that objective that HARRIS has been fighting around and the Democrats want to get it is done the right way. And you cer- for for 14 years, where we closed our me, I will not have that white-haired tainly have done that, my friend, and I books and we will have a surplus for gentleman there taking care of me. salute you and wish you the best of the time since 1969. HARRIS FAWELL has Mr. GOODLING. Mr. Speaker, prior luck. been instrumental in making that hap- to my yielding to the gentleman from b 1730 pen. New York (Mr. SOLOMON), I wanted to HARRIS, you can leave with the say that I did not get down in time to Mr. GOODLING. Mr. Speaker, I knowledge that you have created a pay tribute to him, and I certainly would now like to yield to another sub- foundation; that we have a surplus that want to do that. I certainly have en- committee chair, the gentleman from will be somewhere in the neighborhood joyed my service with the Congressman Michigan (Mr. HOEKSTRA). of $70 to $80 billion. And we now need from New York. I also enjoy visiting Mr. HOEKSTRA. Mr. Speaker, I to build off the work you have created his district, particularly Saratoga. And thank the chairman for yielding, and it to start paying down the debt, to start he has just been a wonderful, fair is good to be here to pay tribute to my reforming Social Security to make chairman on the Committee on Rules. colleague, the gentleman from Illinois sure we can save it, and to start to re- Mr. Speaker, I yield to the gentleman (HARRIS FAWELL). ducing taxes. But without the work from New York (Mr. SOLOMON) at this It was in 1993 that I came to Wash- that you did in the 1980s, we would not time. ington for the first time, and I believe have been able to move and tackle Mr. SOLOMON. Mr. Speaker, I thank out of that class of 47 Republican fresh- these issues now in the 1990s. the gentleman for those flattering re- men I was the only one that said my For the last 12 months I have had the marks. And, yes, I do represent the old- first choice for committees is to serve opportunity to travel around the coun- est racetrack in America and the most with the gentleman from Pennsylvania try and take a look at reforming Amer- beautiful. It is called Saratoga, New (Mr. GOODLING) and with the gentleman ican labor laws; what works and what York, and my good friend from Penn- from Illinois (Mr. FAWELL) on the Com- does not work. At the same time, we sylvania comes up there quite often, mittee on Education and Labor. That could talk to HARRIS FAWELL and get because he has a love of horses the was at a time when we were looking for much of that information, because same as I do. people to serve on that committee. HARRIS understands the types of re- But he mentioned that I am retiring, And I have never regretted that deci- forms that we need to make in Ameri- and I guess the only time that I have sion, because it has enabled me to work ca’s labor law to make sure that we are ever become upset with HARRIS FAWELL on a couple of issues that I have a pas- the most competitive country on the is when I found out that he was retir- sion for, education and labor, but it has planet today. He has been a champion. ing as well. Because I had made up my also enabled me to work with, I think, He has championed not only some of decision a while ago and I figured as some very good people here in the the reforms that we have seen, but long as he was here, there was going to House of Representatives, the chair- some of the activities that were so im- be somebody on this floor who thought man being one and Mr. FAWELL being portant in the company that I worked like Jerry Solomon and who would the other. in in the private sector. I think the look out for the taxpayers of this Na- But since Mr. FAWELL is the one who best example of that is the TEAM Act. tion. That is really why I am here has decided that he is going to leave HARRIS has taken the lead in making today to pay tribute to him. the rest of us here to fend for our- sure that we pass legislation that real- The greatest compliment we can give selves, I think now is the time to ex- ly unleashes the potential of every to any Member of this Congress is press my appreciation to the gen- American worker by allowing them to when we walk on the floor and the vote tleman from Illinois for the work that be more fully engaged in their work- is taking place and we look up there he has done. place and working together, and taking and see how that Member voted. ‘‘This I came here new to the legislative 1930s and 1940s era labor laws and say- Member’’ being HARRIS FAWELL. You process, new to the process of under- ing there is a new way to do it, there is do not even have to look any further. standing America’s labor laws, under- a better way to do it, and this is one of You do not have to find out what the standing the spending habits of this the things that we need to do. bill is. All you have to do is vote ex- Congress, and Mr. FAWELL has taken So, HARRIS, you have been a cham- actly like him. the time to take many of us through pion on the TEAM Act and a number of Mr. Speaker, he was not here more that process, to outline for us what was other labor reform issues that I hope than 6 months when I realized that I good in Washington, areas that maybe that the next Congress can move for- could walk on this floor, and we are all we ought to take a closer look at, and ward, and we can take the vision you busy, and if HARRIS FAWELL was voting also being very articulate in pointing have had and we can implement those ‘‘no’’ on the bill, I did not have to have out the things that were not right here types of ideas to ensure that we will be any other information. I voted ‘‘no,’’ in Washington. competitive into the next century. too. That is how much respect I have I want to give my colleagues a couple No discussion about HARRIS FAWELL for him and his philosophy. of areas where I think HARRIS really would be complete without talking I just cannot say enough for the man. helped us as new Members. HARRIS has about ERISA. This is the challenge He has been one of the outstanding been here for 14 years. We thought in that I believe the chairman feels, that Members. I was doing an interview 1993, the class of 1993 and 1995, that we I feel, that I know the gentleman from with one of his press the other day, I do were the real people that broke the North Carolina (Mr. BALLENGER) feels, not know whether it has been in the mold; that we were going to be the and that is who is going to take us paper yet or not, and the reporter said, ones that were going to take us to a through the world of ERISA. We al- ‘‘What best represents Harris Fawell?’’ balanced budget, and I think, in many ways knew that whenever there was a And I said, ‘‘Two words: Due dili- ways, we helped do that. But to be able discussion on ERISA and what the im- gence,’’ because when HARRIS FAWELL, to get to that point, a foundation had plications of a legislative or a policy October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9657 change would be, as our eyes might which I am extraordinarily proud, is times there were those who suggested kind of glaze over and say we do not that Mr. FAWELL and I had the privi- that corporate welfare was something quite understand all of this, we always lege a couple of years ago of both being that he should be aware of. And HAR- knew that there was a person that we categorized as ‘‘super heroes’’ by an or- RIS, in defense of honest cases where could go to who knew the ins and outs ganization known as Citizens Against corporate welfare was not corporate of a very important and a very com- Government Waste. All it meant was welfare just because somebody said it plicated piece of legislation, but who that the two of us were working long was, he stood up, defended the right of could give us a very clear, not nec- and hard to make sure that we would some of these programs to stay in ex- essarily always concise, but when we deal with the horrendous problem of istence because they were meaningful had a question, we knew we could go to government waste. And it is one that and they did not fall into the trap of HARRIS and we knew we could get the continues to go on and on and on. And corporate welfare. right answer. that is why, as I heard earlier men- As my colleagues have already heard, Now, the good thing here is I have tioned, HARRIS has been really at the HARRIS FAWELL is the only Member, I had the opportunity to talk to HARRIS forefront of this issue, with an organi- think of either the House or the Sen- and ask him how we are going to get zation known as Pork Busters, in try- ate, who truly understands ERISA. through this, and HARRIS has said he is ing to get rid of all of the waste in gov- Some would wonder why anybody going to be more than willing to come ernment. would tackle that subject, but HARRIS back and take us through that mine That is why I am particularly sad- Fawell did, and he does understand it field and make sure that we continue dened that HARRIS has decided to leave, and it shows in his work. His leader- doing the right thing, or at least we not only because he has been a great ship on this issue will be sorely missed understand what we are doing. friend to so many of us, but because he in this body. But, HARRIS, you have been a wonder- has really been in the vanguard of that When I think of HARRIS FAWELL, I ful colleague. You have taken the time issue of focusing on particular areas think of three words: I think of and energy necessary to take someone where we are able to try and reduce the thoughtfulness, of thoroughness and new through the process. You have size and scope of government and en- being considerate. And he is that way taken your time and energy to teach us courage individual initiative and re- with committee members, he is that what you have known. And I hope that sponsibility. way with the public, and he is that way you have taught us well, I hope that I So I would like to say that even with everyone. have learned well, so that I can take though HARRIS told us months and He has never been shy about tackling this with me into future Congresses months and months ago that he was big issues while showing, as I said, an and we can continue to carry forward going to be retiring, and many of us interest in everything from ERISA, to much of the visions that you have had. were very saddened then, as we head Salting, and the National Labor Rela- towards the waning days of the 105th Thank you very much for your 14 tions Act. And I have to confess I do Congress, I think that we will recog- years, and congratulations on some not know why anybody would be inter- nize that the contributions that HAR- great work here in the House of Rep- ested in the National Labor Relations RIS FAWELL has made for the years that resentatives. Act the way HARRIS was, but he dug he has served here are very, very great, Mr. GOODLING. Mr. Speaker, I yield into it and literally assessed it, ana- and he will be sorely missed when the to the gentleman from California (Mr. lyzed it, and scrubbed it with his own DREIER), and I want to say to the gen- 106th Congress convenes in January. Mr. GOODLING. Mr. Speaker, I yield opinion. tleman from Michigan (Mr. HOEKSTRA), to the gentleman from Michigan (Mr. HARRIS FAWELL is cordial to work that I think he missed four words in with. He has been willing to listen, and KNOLLENBERG), a distinguished member his closing remarks, ‘‘as a paid consult- of the committee. he has conducted himself in a very ant’’, I believe. Mr. KNOLLENBERG. Mr. Speaker, I friendly manner throughout all of his Mr. HOEKSTRA. He actually did not thank the chairman for yielding, and I dealings with Members of Congress and say that. am delighted to be here this evening to with this body. Perhaps most impor- Mr. DREIER. Mr. Speaker, it is a take part in this tribute to HARRIS FA- tantly he has demonstrated a deep great privilege for me to join in this WELL, who I serve with on the commit- knowledge of the issues that have been ‘‘Farewell to Fawell.’’ tee. before the Subcommittee on Employer- As we listen to some of the remarks As the gentleman from Pennsylvania Employee Relations. that have been made, the discussions (Mr. GOODLING) just mentioned, we It has been, for me, a true pleasure to that centered from the gentleman from have commonality on the Subcommit- serve under his leadership. And his Michigan (Mr. HOEKSTRA) about issues tee on Employer-Employee Relations, presence, as I have said, will be sorely like ERISA, and I know there has been a subcommittee that I enjoy very, very missed in this body. I wish HARRIS FA- a great deal of discussion about higher much and, in particular, I think I enjoy WELL all the best in the future, and his education, I think I would like to move it because of HARRIS FAWELL. family the best. slightly beyond the higher education HARRIS is someone that I am going to I presume that we have alluded to area to say that HARRIS FAWELL played miss very much, his presence in this Ruth at some point along the way, be- a key role in teaching me an awful lot, body and on that committee, and, cause he has a very lovely wife, and and one of the most important things frankly, in the cloakroom or wherever she, in her own right, is a remarkable had to do with an issue called I might have caught him. Because person. So to them and their family, electrometallurgical treatment of nu- along with his ability and capacity to whom I have had a chance to meet just clear waste. deal with subjects that are beyond the last week, I wish them the very, very This whole issue of nuclear waste dis- realm of most of us, I say that hon- best in the future. posal is something that came to my at- estly, he had a sense of humor that I suspect part of their future will be tention from some people that I was went well beyond that and made him along Lake Michigan shore, my home meeting with in California. And late into, I think, a genuine friend of this State. You have chosen a lovely spot to one night we had the chance, with Mr. entire body and someone that we all at least spend part of your time. So to FAWELL calling me a half dozen times looked up to. you, HARRIS FAWELL, and your family, to make sure that I came over to speak I marveled at the comments of the all the best. on behalf of a very important amend- gentleman from California (Mr. b 1745 ment that dealt with the issue of DREIER) about the Pork Busters. I re- electrometallurgical treatment. I want call when I first came to Congress that Mr. GOODLING. HARRIS, it is your to congratulate him for the tremen- was one of the events I guess I looked time to fight back if you wish. I would dous persistence that he has shown in forward to because, again, it was Con- recognize the distinguished gentleman dealing with these very, very impor- gressman HARRIS FAWELL that led the from Illinois. tant and complex issues. way. Mr. FAWELL. Mr. Speaker, I simply One of those issues that, frankly, got And, incidentally, even though he want to say thank you very much to a great deal of attention, something of was against pork of all kinds, some- my colleagues who came down this H9658 CONGRESSIONAL RECORD — HOUSE October 6, 1998 evening to say some nice words. I do they are backed up by staff that are a I would also like to take this opportunity to very much appreciate that. I will admit wonder, young people, and when I see commend Mr. FAWELL for his work on the Fac- that I shall miss Congress and all of this and I see people coming to Wash- ulty Retirement Incentive Act. Recently en- you folks. It gets in your blood and ington, I can remember a couple com- acted as part of the Higher Education Act, this after 14 years you just cannot walk ing in just a couple of weeks ago, a law permits certain voluntary retirement incen- away from something like that without mom and a dad who looked very, very tive plans for college faculty. I was not initially having ambivalent emotions. The 14 young to me, and little Samantha and a supporter of this legislation. However, Mr. years have been so very rewarding as her sister Maria. Their eyes were just FAWELL worked diligently to address concerns far as I am concerned, the people I have big. They loved this country, they were raised by myself and others and the final prod- met here in Congress. There is an old just ecstatic about a tour that we ar- uct is one in which we all, and especially Mr. saying that everybody you meet every range for our constituents, going FAWELL, may be proud. day of your life is your teacher. We through the Capitol Building. I see so Mr. FAWELL first came to Congress in 1985, have here a teacher who is our chair- many people coming to Washington following the retirement of John Erlenborn. Mr. man, the gentleman from Pennsyl- and giving so much. The SAVER bill, Erlenborn had a substantial reputation in this vania, who certainly is as revered and for instance, a lot of people from all body as both a leader for conservative posi- respected as any Member in this Con- over the country at their own cost, tions on labor issues and for his role in the en- gress, who has given so very much to coming in to share their expertise and actment and subsequent development of the education, and labor, also, being the their beliefs. I guess I could sum it up Employee Retirement Income Security Act. two subject matters of the committee by saying 99.9 percent of the people in Many thought Mr. Erlenborn's shoes would be that he heads. But I can say that about Washington, D.C. are tremendous peo- difficult to fill. But let me say for the record all of the Members who took some time ple, are a loving people who want to that, from my perspective, HARRIS, you fully to drop in here this evening, for in- serve, who want to help. That even in- filled the shoes of your distinguished prede- stance. I have learned from all of them cludes the news media out there. They cessor. I wish the best for you and your family a great deal. are breaking their backs really to try in the years ahead. You hope as you get along in life you to make sense about what all we do Mr. BILIRAKIS. Mr. Speaker, I rise today to will do that more. And when I heard down here and so forth. To me, it is 14 add my voice to those honoring Congressman that letter from the staff, I have had as years of a tremendous education. I HARRIS FAWELL. we all have over the years a lot of dif- never could have gotten it any other Anyone who wants lower taxes, affordable ferent staff, mostly very young people way. health insurance, or retirement security can who come in and do not know a great I came to Congress as an accident be- thank HARRIS FAWELL and consider them- deal about what is going on here in cause I was on a group that was to se- selves fortunate that he has served in Con- Washington, but they learn very, very lect John Erlenborn’s successor and gress for the past 14 years. fast. I would say that I have learned when we had two people fink out on us, Dedication to public service has marked there from all these young people, and eventually the finger pointed to me, HARRIS' life. He was elected to the Illinois the committee staff of our Committee and I ran. I just want to say thank you State Senate at the age of 33, and he served on Education and the Workforce, and to all of you folks who have expressed in that body for 14 years. He has built an im- especially the staff that served in the these kind words. I shall always re- pressive list of legislative accomplishments Subcommittee on Employer-Employee member my experience in the U.S. Con- since his election to Congress in 1984. Relations. I have had the privilege of gress, which is winding down now to He has championed small businesses and helping to hire some of them as they the very last days, theoretically not advocated measures designed to help workers came along, brilliant attorneys, top- until January 3rd of next year, but I obtain affordable health insurance. Recently, flight people, people who basically will not be hanging around these halls he served with me on the House Working too much longer. have a credo in life that my job is to Group on Health Care Quality to develop the Thank you very, very much for being serve and to help people, and then say Patient Protection Act, legislation that expands thoughtful enough to arrange this, Mr. thanks, too. They are that kind of peo- access to health care and provides protections GOODLING. ple. They are people that they do like for people in managed care plans. Mr. CLAY. Mr. Speaker, I rise to express The Patient Protection Act includes HARRIS' that ERISA statute, they do under- good luck to our colleague, the gentleman Association Health Plan proposal which allows stand the arcane labor laws which have from Illinois, Mr. FAWELL, who is retiring from small businesses to band together through na- to be understood to be able to speak the House at the end of this Congress. It has tional trade associations to obtain affordable about them and do the right thing for been my privilege to serve with Mr. FAWELL on health insurance for their employees. The Chi- the working people of America as well the Committee on Education and the Work- cago Tribune called it ``the best piece'' of the as for the small businesspeople and the force throughout Mr. FAWELL's congressional Patient Protection Act because it provides the businesspeople in general in America. career. During that time we have more often best patient protection of allÐinsurance. With all the staff I have learned so taken opposing points of view regarding legis- Congress also enacted the Savings Are very much. I think I had been to Wash- lation, particularly legislation affecting the labor Vital to Everyone's Retirement (SAVER) Act, ington twice in my life before I came laws. However, our differences have been po- legislation HARRIS introduced to educate here. I remember flying in the first litical, never personal. Further, though our Americans about the importance of retirement time and saying, ‘‘Oh, there’s the Cap- views may have differed on most issues, savings. It created a successful National Sum- itol’’ and so forth and so on. But I have those differences have not prevented us from mit on Retirement Savings held in June. learned to actually love this city of working together when we have been able to I could go on and on about HARRIS' legisla- Washington, D.C. Ruth and I have al- find common ground. When we have found tive accomplishments, but I would like to close ways lived right in D.C. We found the common ground, we have successfully en- by reading from an opinion editorial written by neighborhoods where we have lived to acted good legislation. a congressional page I sponsored this sum- be peopled with just tremendous people In the last Congress, I joined with Mr. FA- mer, George Palaidis. He wrote: ``People don't that we have grown to like and to love, WELL in support of legislation to provide an ex- run for Congress just for the paycheck. Mem- and as I have said, all the young people emption for police and fire departments from bers run because they want to do something who come and serve in Congress. the Age Discrimination in Employment Act. In to help our country. Not too many people in My colleagues. My gosh, there are this Congress, I supported the efforts of Mr. this Nation are willing to sacrifice a sometimes brilliant people in this Congress. It is a FAWELL, and the gentleman from New Jersey, higher-paying job and the normal routine of life wonder, on both sides of the aisle, you Mr. PAYNE, to enact the Saver Act. I also par- for something they believe in.'' figure all the talented people we have, ticipated in the national summit on retirement Mr. Speaker, Congressman HARRIS FAWELL why we do not have a better product. It savings that the Saver Act created. I believe exemplifies this ideal. He has served his con- is a case where the parts do not add up both the first summit and the subsequent sum- stituents, his state, and his country with honor, to the total as they should. There is a mits that will occur as a result of enactment of integrity, and an abiding commitment to do lot of political rancor at times that the Saver Act will serve to better educate what is best for this Nation. I am proud to call takes place, but I am just here to say workers regarding the importance of retire- him a colleague, and more important, a friend. that this body is composed of men and ment savings. As a result, more workers will Mr. GOODLING. There are many oth- women that are extremely talented, have financially secure retirements. ers, Harris, who wanted to participate, October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9659 but you know the scheduling around the passage of NAFTA and the estab- stroyed $300 million worth of American here, as I do. Again, we thank you for lishment of the North American Devel- equipment and living quarters for our all you have given to the committee, to opment Bank. Throughout your career, soldiers. As we stood on that 38th par- the Congress, to the country, to your you have been more than a friend. You allel, you could see that ESTEBAN constituents and wish you the best, have been a role model and you have TORRES was overcome, having been whether you are with ERISA or wheth- been a mentor. There are many of us there at the time. I just wanted to er you are with Ruth, I wish you the serving in government and business stand up here and tell you, ESTEBAN, best both ways. who claim and can claim that they got that you are a great American. You f their start and their learning by fol- have been a great Congressman. We are lowing the example of ESTEBAN going to sorely miss you. I will not be TRIBUTE TO HONORABLE TORRES. I can say that he not only en- here to miss you, but you and I are ESTEBAN TORRES ON HIS RE- thusiastically supported me when I going to keep an eye, you from Califor- TIREMENT FROM CONGRESS first ran for office but was always there nia and me from the Adirondack Moun- The SPEAKER pro tempore (Mr. to give me advice and support during tains, we are going to keep an eye on STEARNS). Under the Speaker’s an- some very difficult and dark days. For these other two Californians here and nounced policy of January 7, 1997, the your courage and your willingness to make sure that things are going right. gentlewoman from California (Ms. stand by me, I want you to know, I am sure they will. SANCHEZ) is recognized for 60 minutes ESTEBAN, that I am eternally grateful. I just want to wish you and Arcy, you as the designee of the minority leader. ESTEBAN, you will be remembered in have a wonderful wife, I wish the two Ms. SANCHEZ. Mr. Speaker, it is my this House not for cutting things and of you the best and hope we continue distinct honor to host a special order stopping projects but for building, for to see each other. I salute you, sir. this evening in honor of my friend and building opportunities for people and Ms. SANCHEZ. I thank the gen- colleague Congressman ESTEBAN E. confidence in people and yes, for the tleman from New York. I yield to the TORRES. ESTEBAN has served the people hope that people carry in their hearts gentleman from California (Mr. of the 34th Congressional District of because of your example and what you DREIER). California for 16 years. Those were have done. While I for one will miss Mr. DREIER. I thank my friend for yielding. I would like to begin by years in which our country lived your advice and counsel, I am happy thanking her for taking this time for a through the administrations of Presi- that you are moving on to do other very important special order. dent Reagan, President Bush and Presi- things that interest you and that will dent Clinton. During this time, the Mr. Speaker, there are a few things help our community in the long run. I that every Member hopes to hear upon world witnessed the fall of communism know you will not be idle but very ac- in the Soviet Union, the rise of democ- retirement from this institution. We tive in pursuing these other concerns. I want others to say that we have been racy in Latin America, and the end of know you will not be a stranger to this billion-dollar U.S. budget deficits. effective, that we worked hard to rep- institution. I look forward to seeking resent the interests of our districts, Through it all, ESTEBAN has been a your guidance. On behalf of all the peo- part of that history, not only by serv- and that we will be missed by our col- ple whose lives you have touched in so leagues. As one who represents a neigh- ing here as a Member but by being an many different ways, you have really active participant in these events. He boring district, who worked with made an impact. I know when I see ESTEBAN TORRES on both the Banking has traveled throughout the world and young children, and they have your and the Small Business committees met with the leaders of every super- name on their lips, of mentor and role and who because of redistricting has power. In these journeys he has not model. had the opportunity to represent many only learned about the problems facing Thank you for the service you have of the same communities and the same other countries but he has conveyed given to this House and thank you for people, I can say all of those fine the meaning of freedom and the signifi- the service that you have given to our things about my colleague from West cance of democratic institutions that country. Covina. I am saying that he is from value the integrity of individual Mr. Speaker, I yield to the gentleman West Covina by letting a secret out choice. I can think of no one person from New York. that he actually is a constituent of Mr. SOLOMON. I thank the gentle- whose life better illustrates the Amer- mine and I am very proud of the fact STEBAN ORRES woman for yielding. I also thank the ican dream than E T . that when I got West Covina back in Well, maybe my mom and dad, gentleman from California. Unfortu- that reapportionment process that he ESTEBAN. But here is a man who truly nately I have some meetings going on chose to stay in West Covina with me pulled himself up by his bootstraps. upstairs in the Rules office. I wanted to as his representative. He is the son of immigrants who go back up, but before anything else, I His work was critical to the passage came to this country seeking a better wanted to be on this floor to, Mr. of the North American Free Trade way of life. How often have we heard Speaker, pay tribute to a really great Agreement which I truly believe is one that? He struggled as a young man to American, and when I say that, I say of the greatest bipartisan achieve- overcome some tough times, growing that from my heart. ments of this decade. When the House up in the barrio of east Los Angeles. He There was a time back in 1950 when debated the NAFTA, he worked with is a veteran of the Korean Conflict and communism was on a roll. It looked the Clinton administration and those rose through the union ranks to the like that atheistic philosophy was of us on both sides of the aisle to cre- international of the United Auto- going to take over the world. The ate the North American Development workers. From there he went on to United States Government with a Bank which built support for the agree- serve the Carter administration in the President named Harry Truman, and I ment and secured important votes for White House and then he ran for his was a Democrat back in those days, its passage. seat in this House. Through it all, he ESTEBAN, when Harry Truman saw fit b and his wife Arcy raised their daugh- to send American troops to Korea, and 1800 ters Carmen, Rena, Selina, Camille and that is where we stopped communism I have also had the opportunity to their son Steve, and they have been dead in its tracks. If it were not for work with my neighbor on important blessed with 11 grandchildren. I know that, who knows what the world would local issues such as clean up of ground that his family is as proud of what he be like today. water in the San Gabriel Basin where has accomplished as the people who are I never had the privilege to serve in ESTEBAN led the effort to authorize the privileged to call him their friend. He combat in Korea and, ESTEBAN, you San Gabriel Basin demonstration has distinguished himself as a sub- did. You and I went there last August, project. This demonstration project committee chairman and as a member as a matter of fact. We went up to the along with the San Gabriel Basin of the Banking Committee and Appro- 38th parallel to the DMZ. On our way, Water Quality Authority has enabled priations Committee. we stopped and we saw the terrible residents and businesses in the San Ga- No one will ever forget the leader- flood damage that was done by the briel Valley to pursue a locally led re- ship, ESTEBAN, that you showed during floods that took place there which de- sponse to the problem of ground water H9660 CONGRESSIONAL RECORD — HOUSE October 6, 1998 pollution. The goal has been to give all in Arizona. He has been through much you know this, ESTEBAN, is that you stakeholders an interest in a successful in his life, and he has accomplished are from, grown up in, I think in Ari- clean up and to avoid the litigation much in his life. Under his direction, zona, from a small mining town, and nightmare that has characterized the the East Los Angeles Community the next mining town over, Kearny, is Superfund program. Union grew into one of the largest where much of my family comes from. And I should also add that I worked anti-poverty agencies in the country. So you are heralded not only in Cali- with him on dealing with the closure of In 1976 President Carter appointed him fornia where you have represented the a large, what was a toxic chemical Ambassador to the United Nations edu- 34th so well, but you are also known dump in west West Covina, and he was cation, scientific and cultural organi- very well in Arizona, and of course we key in that, and I found working with zation, UNESCO, and later a Special know you in California. I know you be- him on that to be very, very important Assistant to the President for Hispanic cause of my family in Pico Rivera who because we were able to work on it in Affairs. support you and understand the impor- a bipartisan way. ESTEBAN and I came to Congress to- tant issues that you have brought for- Besides the important environmental gether as classmates in 1983, a few ward for the people of that district; for initiatives, he and I have worked to- years back. As my colleagues know, we example, when we have been taking a gether to support another issue that have watched the good and bad associ- look at transit in Los Angeles and en- has been very key for the San Gabriel ated with this institution during our suring that our transit system, wheth- Valley, local transportation and get- tenure. They have been decidedly that er it be buses or a fixed rail, would ting funding for the Foothill Transit we have had some low moments, and come to the communities of East Los Authority. He was very, very key. He there has been some moments of maj- Angeles, and you have been there fight- and I regularly testified before his ap- esty that impressed the world. To- ing consistently for that. I recall just propriations committee in behalf of gether we have seen it all, and now this past year right before we approved this. This is a local bus project which ESTEBAN has decided that he has sim- the transportation bill the fact that has repeatedly been cited by national ply seen enough. you were out in Los Angeles fighting to officials as a great model of both the There are a host of stories about ensure that moneys would be devoted public and private partnership in deal- ESTEBAN that I would love to share for the transit for those of working ing with the transit needs that exist. with all of you, but they are probably class and lower income families. I should also say, Mr. Speaker, that best remembered privately between us And so we really appreciate that not everyone knows that ESTEBAN in the cloakroom. But one of my from you, ESTEBAN. TORRES is a very accomplished artist. fondest memories is to see you on the I yield to my colleague from Texas, He often has the chance to sit down floor, in the hallway or in the cloak- Mr. ORTIZ. and very quickly is able to do these room with your scratch pad and a pen- Mr. ORTIZ. You know, ESTEBAN, even great drawings of people and of places cil drawing the things you saw on the though I am from Texas, he is no and things, and it is a talent that very front row of history. I still have one of stranger to my State. In fact, his few of us have, and I am glad that your sketches, and I will treasure it for daughter married a young man or two ESTEBAN TORRES has been able to regu- the rest of my life. daughters from Texas, and he spent a larly utilize that when he served here In the first really big floor fight of lot of time in my State, and he has got in the Congress. I have seen some of my tenure I took to the floor in opposi- a lot of friends not only in our great the great caricatures that he has done. Mr. Speaker, I often comment on tion to the use of turtle extruder de- State of Texas, but in our small com- what a pleasure it is to work on bipar- vices, TEDS, in commercial shrimping. munities. He was there when our peo- tisan initiatives that benefit both the ESTEBAN knew it was an important mo- ple were harvesting watermelons or American people and the constituents ment for me, and he sketched the ac- corn or grain, and we spent a lot of whom I am proud to represent in the tion of what was happening on the time together. In fact he was my guest San Gabriel Valley, and I am very floor. Especially for me he sketched it, on several radio shows and television pleased to say that I have such a rela- and I think you remember that, shows. And as I was coming here, some of tionship with ESTEBAN TORRES. He has ESTEBAN. created a very impressive legacy of And I remember walking into the the people found out some way, some- service that is equal to that of many of cloakroom in 1997 while the Iran- how that you were retiring, ESTEBAN, our more senior colleagues. I have Contra hearings were going on. Demo- and they wanted me to relate to you truly enjoyed working with ESTEBAN, cratic members were being accused of that Texas is still, I guess, your second and I wish him, Arcy and their wonder- not paying appropriate attention to home, and they would like for you to ful family all the best as they pursue the daily testimony before the commit- come back and visit with us. So you together what I am sure will be many tee. So you sketched a view of many will be welcome any time. rewarding endeavors in the future. democratic members watching the tes- And I know that we travel to many And I thank my friend for very gen- timony on our closed-circuit TV in the places together as Members of Con- erously yielding me this time, and I cloakroom. gress. ESTEBAN was somebody that was look forward to the other remarks, and Thank you for capturing the mo- always focused on the issues, and he I see my very good friend, Mr. ORTIZ, ments of our lives of our service here was able to talk to dignitaries from who I am sure will offer some great on Capitol Hill. Your friendship is a other countries, and since he was an brilliance about our colleague, Mr. friendship I will miss and I will always ambassador we felt that he was the TORRES. cherish since you are family, and we only guy that was able to make sense Ms. SANCHEZ. Mr. Speaker, I yield will not say goodbye. I will say good on all the stuff that we are talking to Mr. ORTIZ from Texas. luck to you and Arcy, and I hope you about. Mr. ORTIZ. Mr. Speaker, ESTEBAN will come back and continue to talk to So, ESTEBAN, I just wanted to let you TORRES is not the sort of man we can us and make us laugh and continue to know that my friends and your friends say goodbye to as he retires from this draw those beautiful sketches with sto- from South Texas relay a message to body. He is really family, and we know ries about life, about those of us who you: we will see him again and again and serve in Congress. Come back to South Texas and visit again. Also, like family, he is hard to May God bless you, and I know that with us soon. describe in simple terms. whatever you do, ESTEBAN, God will Ms. SANCHEZ. Mr. Speaker, I would You are complex, my friend. You, as bless you, and you will prosper and do agree with the fact that ESTEBAN has my good friend, DAVID DREIER said, are well not only for you and your family always been a big asset in any travel an artist, a statesman, a friend of but for your neighbors and your com- that we have done. In fact, he not only labor, an inspiration to young people, munity. Godspeed and God bless you. knows the English and Spanish, but of and an example of how far one can go Ms. SANCHEZ. Thank you, Mr. course is very fluent in French and has in life and a role model to many of us. ORTIZ. just been an asset whenever we have ESTEBAN’s father was sent back to You know, one of the great things traveled. So it is all of these assets Mexico when he was a very young man about ESTEBAN, and I do not know if that compose this that we know that it October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9661 has been such a privilege to have you resentative of the 34th Congressional to express my admiration for the work here in the House. District, Congressman TORRES has of my very good friend ESTEBAN Our colleague from California. worked hard to pass legislation ad- TORRES. ESTEBAN TORRES actually rep- Mr. CAMPBELL. Mr. Speaker, I ap- dressing the needs of all of our commu- resents the district in which my moth- preciate the gentlewoman yielding, and nities. Throughout his almost two dec- er-in-law and my wife are from, so I I simply wanted to add my voice of ades of dedicated service in this House have a very strong connection to high esteem to our good friend and col- he has been able to contribute his ex- ESTEBAN. He has a very excellent rep- league, ESTEBAN, on his graduation ceptional and unique knowledge of pol- utation in the district for his constitu- from this particular institution and itics and his extraordinary life experi- ent service and for his attention to the very best wishes for the future. I par- ences to make the legislative process lives of the people that he represents. ticularly want to draw attention to the work for those with no voice. But more than that, I have been here compassion of the man. b 1815 6 years. When I first came, there were I have worked with him over the last a number of people that I, through my year and a half, almost 2 years now, on And long before coming to Congress, membership in the Hispanic caucus, the gentleman from California (Mr. ending a policy that is harmful to the worked with, ESTEBAN and also Kika de TORRES) was already a well-respected people of Cuba, that is harmful to the la Garza who were a couple of people leader who worked on the assembly compassion and sense of foreign policy that we always look to for a little bit line as part of the automotive work which motivates so many Americans, of extra guidance. force. What a history. He was a stand- and ESTEBAN has been the leader in All those times that we have had out leader in the labor movement, this issue, that we recognize the Cold many discussions, I remember several traveling all over the Americas to help War is over, that it is time to trade, to times in my first term that I came emerging democracies. have normal relations with the people down to the floor and asked ESTEBAN Congressman TORRES has been in- of Cuba. And this is not still the most strumental in providing humanitarian for his help in understanding the proce- popular position to take on either side services and help to the people of Cuba. dures, and he graciously gave me the of the aisle, but it is the right position. It is because of his leadership that the time and provided me that kind of It reflects a sense of where America is pastors for peace and the United States extra insight into the workings of the today and reflects a sense of caring for Department of Treasury have reached institution. those persons who are most damaged an accord to allow medical computers But more than that, in almost every by the system that we presently follow. to be delivered to Cuban health care fa- issue that I have seen come before the And ESTEBAN TORRES has led this bat- cilities where this equipment is des- caucus or come before this body, tle. It has been his leadership, it has perately needed. ESTEBAN demonstrated a level of dig- been his dream. I regret that it has not But the gentleman’s commitment to nity and grace that befits him, his per- yet been accomplished before you leave the people of Cuba and to the rest of sonality, his background, and also this institution, before Mr. TORRES our Latin American neighbors goes far speaks to the kinds of conditions that leaves this institution. But I believe it beyond humanitarian actions. Con- made ESTEBAN TORRES possible in this will be and soon, and when it does hap- gressman TORRES has also raised his world. pen, it is my belief that it will be be- voice in the fight to close the School of He has a very interesting personal cause of the leadership of ESTEBAN the Americas, which has trained mili- life story. He has overcome many trials TORRES and will be remembered in his tary dictators, in an effort to end this and tribulations in his life. He has been honor. horrendous chapter in our history. I able to turn those experiences into I also note that ESTEBAN served our thank Congressman ESTEBAN TORRES positives, into activities that have country in the Diplomatic Corps, and for that and for taking lead on that. He been good for all the people who may his service to our country in that ca- has truly been a pioneer. have not had the opportunities that pacity was prologue to his service here The list of your accomplishments, many of us have in life, who did not in the House and showed an awareness ESTEBAN, really inspires, not only have the same kind of background and of a world community in which we par- Latinos and other people of color, but education, and especially with specific ticipate and which is too often lost the working men and women every- attention to the workings of the sight of. where. Congressman TORRES is a man Latino community and in his help and So, Mr. Speaker, upon the departure of honor and an effective communica- his assistance in being an inspiration of our good friend, ESTEBAN TORRES, I tor and an extraordinary coalition to that community. add my voice from the opposite side of builder which is so important for us in So I just wanted to take the time to the aisle but from the same great State this day and time. salute you, ESTEBAN, for your work in of California to a humanitarian, to a L. J. Cardinal once said, ‘‘Happy are civil rights, for your work in the labor Californian, to an American and to a those who dream dreams and are ready movement, for being an inspiration to citizen of the world and wish him our to pay the price to make them come the people in your district, whom I very best for all the years ahead. true.’’ Congressman TORRES is a living know many, and also for helping me Ms. SANCHEZ. Thank you, Mr. example of what can be done through during my first couple of years here in CAMPBELL, and next I have the gentle- hard work and dedication. So as we Congress. I know we are going to be woman from California (Ms. LEE). honor Congressman TORRES, we need to seeing much more of you. This is just Ms. LEE. Mr. Speaker, today it gives really recommit ourselves to work on the end of one of many chapters to go. me great pleasure to rise in honor of behalf of those with no voice. Ms. SANCHEZ. Mr. Speaker, I yield one of our colleagues, a true visionary Congressman TORRES, as one of the to the gentleman from California (Mr. and a pioneer and a fellow Californian, newest Members of Congress, I promise BECERRA). the honorable Esteban TORRES. that we are going to work to ensure Mr. BECERRA. Mr. Speaker, let me Although I am really saddened by his that your legacy is preserved. So I just begin by first thanking the gentle- departure from the halls of Congress want to thank you so much for your woman from California, my colleague and what it means in terms of his loss commitment and your work on behalf from California for yielding to me and to the people of California, I am truly of the working men and women of also for scheduling this time for us to inspired by the legacy which he has left America. Your work and your deeds have an opportunity to say a few good and the way in which his actions have really do speak for themselves. You words about a close friend and someone touched and changed the lives of so will be deeply missed. I wish you and who we respect dearly. many people. Congressman TORRES, your family Godspeed as you enter this Congressman ESTEBAN TORRES is per- knowing you and your background, next phase of your life. haps for me best described as the per- knowing that you were the son of a Ms. SANCHEZ. Mr. Speaker, I yield son who helped me learn the ropes here Mexican born miner, you know first- to the gentleman from Guam (Mr. in Washington, D.C. This is my third hand what social justice is all about. Underwood). term. I can recall the first time I had Since you were first elected to Con- Mr. UNDERWOOD. Mr. Speaker, I a chance to really come to Washington, gress in November of 1982 as a rep- just want to take a couple of minutes D.C., it was because Congressman H9662 CONGRESSIONAL RECORD — HOUSE October 6, 1998

TORRES was willing to take me around. that with the utmost of respect, be- began many years ago and was very He guided me through when I was first cause I know you, and I have seen so fruitful for me and has taken me a long here, not yet quite a Member. He took many kids who have dropped out of way. me around and let me sit in the gal- school, in many cases perhaps within Ms. SANCHEZ. Mr. Speaker, I thank lery. He explained to me what was our own families. So see where you the gentleman from California that he going on, explained the process, point- have gotten. made about how ESTEBAN is one of ed out colleagues, made it clear what I enjoy so much being able to point those people that has always opened the process was in preparation for the to you and say folks never believe that doors for people, and I know that my actual opportunity to serve. some of us would have a chance to get colleague believes that, and I do, too. Now I have been here, this is my where we are. I am where I am because I remember the first time I met you, sixth year, and I have had an oppor- folks like you open doors. I am hoping ESTEBAN, it was at an event for you; tunity to see what it means to be a that I can open doors for young chil- and I walked away saying this guy is Member of Congress. dren that I get to visit in the schools, talking about everything that I believe I am going to miss the gentleman in my district, and throughout this in, the opportunities for people to from California greatly. I see him as a country. excel. It made me want to join you mentor, but more than that, I see him That is perhaps the most beautiful here in Congress and make changes. So as a very close friend. I use him as an thing about being able to come up here I think that is prevalent to almost example of the American dream so and speak about you. You are going to anybody who has run across the path of often. Too often we forget that great walk out of here proud, tall, and still ESTEBAN TORRES. things sometimes come in small pack- live a fruitful life for many, many Mr. Speaker, I yield to the gentleman ages. Sometimes they come in quiet years. You will be able to recount your from Arizona (Mr. HAYWORTH). packages. tales. You are not going to leave here Mr. HAYWORTH. Mr. Speaker, I lis- In this case, they come in the pack- in a state where no one will be able to tened with interest because we have a age of a man who, at first blush, in his share the wisdom and the creative sto- chance to come to know people on both youth, probably was like many of our ries that have made your future. sides of the aisle when we come here to youth, not seen as someone who could I am very pleased that I could come the people’s House. And the gentle- achieve so many different things, yet down here and speak for a few minutes. woman from California often talks this man is possessed with so many dif- If I could just close on a couple of final about her kin folks in Kearny, Arizona, ferent talents. notes because I know folks have said so the area I am pleased and proud to rep- He could have probably been a very many things about your distinguished resent. wealthy artist selling paintings and career in UNESCO as Ambassador, I am also proud of the fact that our making a lucrative living out of his ar- when you served so ably as representa- friend who is preparing to leave the tistic abilities. If my colleagues have tive with the labor movement, with the people’s House, Congressman TORRES, ever had a chance to watch the Con- United Auto Workers. is from Miami, Arizona in the Cobra gressman as he sits here and watches If I can just mention one thing that Valley. Now as we know, that area is the debate unfold, he is able to capture I think is perhaps most beloved to you rich in two ways, in copper, so vital to the essence of our colleagues in just a and cherished in making your life suc- our Nation and the world, but the most matter of moments on any piece of cessful, and that is of course Arcy, precious resource in those areas fa- paper it might be. your wife. I know from having had an mous for their wealth in the mines and He easily could have become an art- opportunity with Carolina, my wife, to from the precious metals, the most pre- ist and had fame and fortune that way, share some time with you and Arcy cious resource of course is the people but he chose to serve and serve in so that what makes you tick is easily who live there and who come from a many different capacities. But I look spelled by just spelling Arcy’s name. I place like the Cobra Valley and from back at what he has done, and I re- know what she means to you. Miami, Arizona. member that this is a gentleman who, I hope that a number of us have the I guess we could say today, Mr. like many Americans, probably was opportunity, if we have a chance to Speaker, that one of our famous ex- not singled out as the one who would serve the way you have, not just to ports from Arizona is our colleague, lead in America. emulate your political career, but also Congressman TORRES. Let me also say Yet, among those who do not get sin- your family. that we champion our differences as gled out, he showed us what it does to I would like to be able to say to well as those of a kindred philosophy in continue to fight, what it means to Arcy, although she is not sitting next this House, in our constitutional re- continue to fight, and what it does to to you, as often she is, I know the role public. We should actually gain com- us when we do fight. You get a place she has played from helping you suc- fort from the multitude of voices and like this, a place that most people ceed. I know the love and the goodwill opinions and points of view. would ever believe that we would ever that you share as partners in life. b 1830 have a chance to step foot on. I think perhaps, along with all the So here we are today. Congressman other attributes that makes you such a I am so pleased that Congressman TORRES has decided to move on. He is special person, special Member of Con- TORRES really embodies the notion still in good health, good standing. I gress, is the fact that you have always that I think General Eisenhower left think that is a tribute to his remark- shown Arcy how much you care about for us when he talked about public life able success as well that, on a high her. I think, these days, that is so very and public discourse and issues that note, he decides to leave, when many, important because this is a very dif- come before us. He said, I always as- whether it is from sports or in other ficult life. sume of those who oppose you politi- careers, decide to leave when they are Some folks do not understand it, but cally that they want what is best for already on the decline. you have held up the highest stand- the country as well. They may have a This is a gentleman who certainly ards, not just as a public official but different approach to get it done, but has many good years in front of him certainly as a man, as a husband, as a they, too, have something to bring to and certainly all his colleagues believe father. Whether or not you have ever the table. And there may not always be could have many more years here in had this career, the best role model I unanimity, although I would note, I Congress; everyone would desire that can ever have is someone like you say to my colleagues, on this floor at he to do it that way. But he has chosen when it comes to family. this hour there is complete unanimity to leave. For that, I think he deserves So to a good friend, a mentor, and in celebrating the achievements and a great deal of respect because he has someone I hope to maintain close rela- the congressional career of our col- left the legacy. tionships with, I want to say to you, we league. Let me return to what I said before. will miss you. We look forward to My friend, the gentleman from Cali- This is not someone who we were ex- many good years, your wisdom, your fornia (Mr. BECERRA), just mentioned a pecting to be here; someone who creativity. I look forward to continu- few minutes ago the artistic excellence dropped out of school. ESTEBAN, I say ing a friendship with you and Arcy that which typifies Congressman TORRES. I October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9663 have been after him, and I guess for a record that is impeccable, a record So I came to the floor because I did purposes of full disclosure, Mr. Speak- that we must all try to emulate, a not want this tribute to end without er, I should point out that I have been record that suggests to us that one being able to acknowledge how those after him for a long time to favor us comes to this House to do the people’s who may not have shared your com- with a work of art to hang in the office business. One does not come here for mittee assignments have watched your that belongs to the people of the Sixth shenanigans, one does not come here quiet and deliberative actions and your Congressional District of Arizona, be- for partisan bickering, but one comes ability to capture the essence of issues cause, again, he is from that district. I here with a purpose, and his purpose on the floor of the House and be able to would hope that now, as he prepares to was to ensure that California was well focus in: How can we help the working leave this institution, that he might represented. He is the highest ranking man and woman in America? How can take some time and on canvas convey Hispanic Member from California who we ensure that whether or not one the nature not only of his experience sits on the Committee on Appropria- came to this Nation in the bottom of here in the Congress of the United tions. the belly of a slave boat or one walked States, but the proud heritage he I am pleased to stand before my col- across our borders, or possibly one was brought from Miami, Arizona. leagues to tell them that ESTEBAN born and then worked on various farms And to my colleagues here, and, Mr. made sure that California got its fair across this Nation, how can one stand Speaker, to those who watch us coast share of any appropriations bill that underneath the flag and claim one’s to coast and around the world via C– came out. California is very proud of birthright, the equality for all men and SPAN where we often see heated argu- that, I say to the gentleman, because women and children in this Nation? ments, where the punditocracy would we knew that the gentleman was be- The gentleman from California (Mr. tell us how savage and how difficult hind us every step of the way. When TORRES) showed us how to do that. The these days are, let us say that together the gentleman brought forth his crime gentleman simply said that if this Con- with one voice we celebrate many dif- bill knowing about the gangs in Los gress is to be the Congress to fulfill the ferent opinions, many different routes Angeles, east side, south central, promise of the Constitution, then there to this chamber, and one exceptional throughout the State whereby the FBI should not be one person left out of the life and person in Congressman will be working with the local police circle of empowerment. TORRES. departments to ensure that we crack Mr. Speaker, I am delighted to have My friend, thank you for your serv- down on gangs, it became a very noted been able to share that with the gen- ice. piece of legislation, not only in this tleman. I must say that not knowing Ms. SANCHEZ. Mr. Speaker, I thank House, but across this Nation. all of the gentleman’s legislative agen- the gentleman from Arizona. I yield to The gentleman stands tall. The gen- da or legislative initiatives, I certainly the gentlewoman from California (Ms. tleman stands tall for the American do believe that the gentleman has been MILLENDER-MCDONALD). people as well as Californians, irrespec- one voice who has been able to stand Ms. MILLENDER-MCDONALD. Mr. tive of Latinos, African-Americans, up for those who certainly cannot Speaker, I would like to thank my dear Anglos or what have you. And to me, speak for themselves. friend and colleague from California that is a man of courage. That is a I do think that the gentleman’s de- (Ms. SANCHEZ) for convening such an statesman when one can stand in this sire for humanitarian aid for Cuba important night as this. While the pre- well and say, thank you, thank you for should be recognized and appreciated, vious speaker just spoke about the fact the nobility that you have brought to for we must understand that people are that this great, distinguished man was this House, thank you for the states- people everywhere. People need help born in Arizona, we claim him in Cali- manlike position that you have everywhere. People who are voiceless fornia. He has given 16 years of distin- brought. need to have those who can speak for guished service in this House. He hails I say to the gentleman, with both of them. from California, representing the peo- us having five children, we have some- The gentleman has always mentioned ple of his district, and has done that thing in common, but enjoy your re- to me his grandchildren. I know the with nobility, with conviction, with in- tirement, enjoy now your family that gentleman has wonderful children, but tegrity, with character. has sacrificed so much for you to be a I know the gentleman for his love of I tell my colleagues, I knew about part of this House, and above all, enjoy his grandchildren, but that is someone ESTEBAN TORRES before I knew just some solace and silence for who loves people. For that, ESTEBAN, if ESTEBAN TORRES, because he is a man ESTEBAN TORRES. We congratulate you, I can call you by your first name, I of great a sense of character of people. the great Representative of California. wish you greatness that you already He knew what he came here for, and he Ms. SANCHEZ. Mr. Speaker, I yield have achieved. I know that California did the work of the people whom he to the gentlewoman from Texas (Ms. is most grateful that you will now was voted into office by. JACKSON-LEE). come home to lead, maybe in the cards Esteban walks very softly. He seems Ms. JACKSON-LEE of Texas. Mr. is the governorship or something else, to be a mild-mannered man, and yet he Speaker, I thank the gentlewoman and I see him waving his head, but has carried a big stick, a big stick for from California (Ms. SANCHEZ), and I there is much room for a man like him justice, for opportunity, for the people thank her very much for having the to be able to instruct. of California, for jobs. Everyone knew wisdom to gather us together to be So thank you so very much for allow- that before he came here, he was part able to honor a man with great honor, ing this Texan to rise on the floor of a union organization where he ESTEBAN TORRES. today, claim part of your legacy, but served very well there, but he came I am from Texas, and there has been most of all, give thanks on behalf of here knowing that his job was to en- Arizona talk on the floor today, and the Members of the 18th Congressional sure that job opportunities were for the there has been California talk on the District, my constituents, but as well, working-class citizens, and he has done floor today, but let me say to my col- the citizens of Texas. You are a great that. He has done that with conviction, leagues that with the enormous diverse American, a great hero. with every sense of caring and compas- population of the State of Texas, the Ms. SANCHEZ. Mr. Speaker, I yield sion. gentleman has a great fan club. For to the gentleman from New Mexico ESTEBAN knew that when civil rights people recognize merit and quality and (Mr. REDMOND). became a great issue that he was right excellence, no matter where one comes Mr. REDMOND. Mr. Speaker, I rise there in the forefront on the civil from. today to pay tribute and to thank a rights issues. It is no wonder that peo- I have had the pleasure and honor, al- good friend, the gentleman from Cali- ple of all nationalities are coming to beit I might be in my sophomore years, fornia (Mr. TORRES). ESTEBAN is my this well tonight from both sides of the if you will, I have had the pleasure and neighbor in the Rayburn Building, our aisle talking about this distinguished honor of being able to watch a genteel walls adjoin each other, and we have man, this man who has served Califor- giant, someone who, along with his spent many hours talking to and from nians so well. He is one of our finest love of family and Nation, understands on the train and the elevator. When he who is leaving, but he leaves a record, people. told me he was retiring, I had a very H9664 CONGRESSIONAL RECORD — HOUSE October 6, 1998 sad feeling in my heart, because he She stood by me, allowed me to give night. For 2 days I walked on air, and truly is a man of integrity and one public service, sacrificed very hard, I know that tomorrow I will do the from whom I have learned a great deal and I am so, I am so thankful that she same, having heard all of these wonder- about in the Congress. has done this for me. Not to speak of ful things about me. As a good neighbor, I want to thank my children who stood with me in the I think it just speaks to the kind of the gentleman. He is a man who keeps picket line when they were growing up camaraderie, the kind of solidarity his word. I want to thank him espe- and I was a member of the labor move- that we can have in this House cham- cially for the support that he person- ment, who followed me in the cam- ber. We can have it. We have it on ally gave me in our land grant bill for paigns with their bumper stickers and many occasions; but, yes, one must the people of New Mexico. The people their posters, who even today, my old- move on. There has to be change, and I of New Mexico are deeply indebted to est daughter Carmen is my campaign want to make it possible to have that you for your support of that. At times manager. These are the people around change. it may have been a difficult thing to me that made me what I am. California beckons me to come back, do, but you are a man of your word, The working men and women of our and my family to come back, to be and you kept your word. country. The labor movement people, with our children and our grand- We wish you the best. We have talked the people in my auto factory that en- children. It is really a new page in my a couple times about your grand- ticed me early in the 1950s that I life, for I am not retiring. I am going to children, and if they are like most should seek elective office in the union stay active on international forums. I grandchildren, I have seen the T-shirt by exposing me to that political proc- am going to stay active on human that says, if I knew grandkids were so ess and electing me for the first time rights issues. I will teach. I will write. great, I would have had them first, and as a shop steward, a chief shop steward As some of my colleagues have said, for I think your grandkids, the way you at the Chrysler Corporation in Los An- sure I am going to be doing a lot of talk about them and how proud you geles. That opened up tremendous win- drawing and a lot of painting, depicting are, know that you feel that way. in canvas or sketch paper those scenes I am going to miss you in the 106th dows of opportunity for me to seek in Congress, but I do want to thank you the future. that depict the life of this House of for the support and the encouragement Yes, I have a lot of mentors that Representatives and for people in Con- that you have been to me. Again, you have brought me to this moment here gress. are a man of your word, a man of integ- in the people’s House. So I want to thank all of my col- rity, and it has been an honor to be a b 1845 leagues for making this evening a mo- colleague of yours. mentous occasion for me and my fam- I could name them, so many of them. ily. I want to thank all the people in Ms. SANCHEZ. Mr. Speaker, I just My colleagues may not recognize all want to say to the gentleman that front of me here who over the 16 years the names, but I have to call out to have labored hard into the night, the there were many of our colleagues who them. Frank Munoz, who was an early wanted to be here tonight to pay their pages, the clerks, the staffers, the po- mentor; the Ruther brothers, Walter licemen. Everybody has been a part of respects and to let the gentleman know and Victor and Roy; Bobby Kennedy, how important he has been to their this life of mine, and I now leave and Paul Schraeg, Reverend Andrew lives, but unfortunately, because of thank all the Members sincerely from Young, Cesar Chavez, Tip O’Neill, Jim schedules, were not able to attend. So the bottom of my heart for having Wright, these are all people who really from them I just convey the best of made it possible for me. were my heroes. wishes, and I yield the rest of the time I thank my colleague, the gentle- Early in my working years some 44 to the gentleman from California (Mr. woman from California (Ms. SANCHEZ), years ago, when I was in the auto TORRES). for allowing this to take place. Good Mr. TORRES. Mr. Speaker, I am plant, a rising star came forth in Los evening and good night. deeply moved by the gentlewoman’s Angeles, a young city councilman who Ms. SANCHEZ: Mr. Speaker, I want gesture tonight of ordering this Special had finally captured the city to thank the gentleman from Califor- Order on my behalf and calling forth so councilmanship. He moved my spirit nia (Mr. TORRES). As we noted, he will many of my colleagues to come here. because he was like a hero to me. His be missed here but I know that he will The greatest honor there is is to serve name was Edward Roybal. I yearned to keep in touch with us and we will seek in this Chamber, the House of Rep- be like Ed Roybal. I wanted to be some- his guidance. resentatives, which, as everybody has body like him. He was my role model. f He went on to become a member of this just witnessed, brings together men FURTHER MESSAGE FROM THE and women of all walks of life in a very chamber and served with great SENATE common purpose here. I am so thank- distinction on the Committee on Ap- ful, and I cannot find the words to tell propriations. Twenty-nine years later, A further message from the Senate by Mr. my colleagues. I am so thankful that I joined him as I arrived here with the Lundregan, one of its clerks, announced a people in the 34th Congressional Dis- freshman class of 1983. Would my col- bill of the following title in which concur- rence of the House is requested: trict of California sent me here 16 leagues believe that with the departure years ago and have reelected me ever of Ed Roybal on his retirement that I S. 1892. An act to provide that a person closely related to a judge of a court exercis- since until now, in the 105th session. It would succeed him on the Committee on Appropriations? Well, I did. ing judicial power under article III of the is the highest tribute I dare say that United States Constitution (other than the can be paid to an individual when his It was that dream I was having that Supreme Court) may not be appointed as a constituency sends him here. I could be here and join people like judge of the same court, and for other pur- But, Mr. Speaker, getting here is not him, but now it is my turn, it is my poses. my job alone. This took many people turn to leave, it is my turn to turn the f along the way to do that, the people page on this legislative chapter of my that raised me, my mother, my grand- life, but it is a bittersweet time for me UNDERFUNDING OF OUR NA- mother, my teachers, the heroes that and my wife Arcy. TIONAL MILITARY AND OUR NA- inspired me to seek higher office be- We have enjoyed our 27 years in this TIONAL SECURITY APPARATUS cause they meant something to me. My area in the Nation’s capital. It is dif- The SPEAKER pro tempore. Under wife, whom you have just heard about, ficult to leave. It is very difficult to the Speaker’s announced policy of Jan- who is my strongest partner, my work- leave tonight, to hear the adulations of uary 7, 1997, the gentleman from Penn- ing partner, a woman that has been by all my colleagues here on both sides of sylvania (Mr. WELDON) is recognized for my side for some 44 years. I would not the aisle. I know it is coming to an 60 minutes as the designee of the ma- be here, so many of us would not be end. The other night, the gentlewoman jority leader. here, if it was not for our spouses. We from California (Ms. PELOSI) hosted a Mr. WELDON of Pennsylvania. Mr. are nothing really without them. And I dinner for the California delegation Speaker, I will not take the full hour would have been nothing without my and at least 20 of my colleagues were but I do want to take some time to dis- Arcy. there to do what I have heard here to- cuss what I think is the real scandal in October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9665 this city that we had better start to paid them next to nothing, they served creasing part of our defense funding. focus on a little more aggressively and their country for 2 years, some stayed Back in the 1960s when John Kennedy coherently than we have done in the on for a longer tenure but the pay and was president we did not spend any sig- past. the quality of life costs for our troops nificant amount of money on what we It seems as though all of our col- were much different than they are today call environmental mitigation. leagues on both sides of the aisle, the today. In this year’s defense budget, we will national media and the administration, Today we have an all-volunteer force. spend $11 billion on environmental has focused on the process currently Our young people are well educated. mitigation. unfolding in the Committee on the Ju- Many are married. We have housing Mr. Speaker, when one takes the diciary. While I am not going to dimin- costs, health care costs. We have the changes that have occurred over the ish the seriousness of that issue and cost of travel and transportation to past 30 years, the deployment rate that the challenges it presents to us, I want move people around. So a much larger has escalated dramatically, we see that to focus on a lesser publicized issue portion of that smaller defense spend- we are forced into an impossible situa- that I think presents for us a scandal ing goes for the quality of life of our tion of trying to meet additional that is going to last well into the next troops, and we in the Congress are al- threats with decreased and continuing century. That scandal involves the ways going to meet their needs. In fact, diminishment of our resources avail- underfunding of our national military in today’s bill, we increased the pay able for national security. and our national security apparatus. raise for the military personnel by a The President has made the case that there are no longer the same threats Today, Speaker GINGRICH, along with half a percent above what the Presi- the leadership of the defense commit- dent requested in his budget. that we faced when we were in the Cold tees in the House, held a press con- Even beyond the quality of life dif- War. I would argue that is not totally ference and signed the legislation that ferential between the sixties and today, correct, Mr. Speaker. In fact, I would make the case that Russia is more de- we are now sending up to the President some other things have changed. While stabilized today than at any point in to both authorize and appropriate our we have cut our defense budget for the time under Communism, when there defense funds for the next fiscal year. 14th consecutive year and while we are was the tight control of a central gov- We have completed our part of the now at an all time low, very close to ernment, when there was the rule of process in laying out our defense fund- what we were pre-World War II, some other things have happened. law, where there was a Soviet Army ing strategy for the year 1999. that was well paid and well cared for. The problem, Mr. Speaker, is that In the last 6 years, Mr. Speaker, our Today we have economic chaos in Rus- this legislation was very tightly con- commander in chief, the President, has sia. We have generals and admirals trolled by the budget numbers that we deployed our troops 26 times around being forced out of the military with- were given and does not really reflect the world. Currently, he is talking out being given their back pay, with- the threats that we see emerging about another deployment over in the Balkans and in the region that is so out being given housing, without being around the world and the commitments given the pensions that they have that we are involving our troops in unsettled today. Twenty-six deploy- ments and none of these deployments earned for all of these years; and in around the world. In fact, Mr. Speaker, some cases, as General Alexander both bills, while the best that we could were budgeted for or paid for. If one compares that to the previous Lebed testified before my committee, develop, were woefully inadequate in 40 years, Mr. Speaker, our troops were are now involved in clandestine oper- terms of funding our national security only committed to 10 deployments. So ations, selling off technology, chemi- needs. 10 deployments in a 40-year time pe- cal, biological, and perhaps even nu- This year, Mr. Speaker, we are into clear technology, to those rogue na- our 14th consecutive year of real de- riod; 26 in the last 6 years, since this President has been in office. None of tions and states that will pay the right fense cuts. Now when our colleagues fee to get those secrets that Russia has talk about cutting the size of the Fed- those 26 deployments were paid for. Now, some might criticize my state- within its control. eral Government, they talk to their ment and say what about George Bush? So I would make the case, Mr. Speak- constituents and they talk to each He committed our troops to a very er, that while the threat may be dif- other about what a great job we have large operation in Desert Storm, which ferent today, it is actually in some done; we really have controlled spend- he did, to remove Saddam Hussein from cases much worse than what it was ing. The fact of the matter is, Mr. the illegal occupation of Kuwait. But during the Cold War, because we all to Speaker, that the only real cuts that they must also remember that George realize, Mr. Speaker, that while we have occurred in a significant way in Bush went out and convinced the allied have seen some reduction in Russia’s terms of workforce and in terms of nations of the world to help offset the strategic offensive nuclear forces, Rus- budget size is in the area of national costs of that deployment. In fact, we sia still has tens of thousands of nu- defense. generated $53 billion in revenue to this clear weapons. They still have thou- In fact, if one compares what we are country for an operation that cost us sands of long-range ICBMs that can be spending today versus what we spent, $52 billion. launched from submarines or from mo- say, in the time of John Kennedy, it So Operation Desert Storm, in terms bile launchers inside of Russia. Those gives one a realistic view of where we of dollars, did not cost the taxpayers long-term, long range ICBMs may, in are today. In the 1960s, when John Ken- any additional money. The 26 deploy- fact, be subjected to the concerns rel- nedy was president, it was a time of ments in the last 6 years have cost us ative to the instability in the Russian relative peace. It was after Korea and in excess of $15 billion. None of that military. before Vietnam. We were spending 52 was budgeted for prior to that deploy- It was just 3 years ago, in January of cents of every Federal tax dollar on the ment, and except for the actions of the 1995, because of the degradation of Rus- military, 9 percent of our country’s Republican Congress the costs associ- sia’s internal intelligence monitoring gross national product. In this fiscal ated with those deployments were not capability, that even though Russia year, we are spending 2.8 percent of our paid for. had been forewarned of a rocket launch country’s gross national product and So all of that money to pay for those by the Norwegians right next door to just 15 cents of the Federal tax dollar deployments had to come out of an al- Russia, when that rocket launch oc- on the military. So we have gone, in ready decreasing defense budget. So to curred Russia mistook that for an at- this short period of time, from 52 cents pay for those 26 deployments we in the tack by a U.S. submarine against Rus- of every dollar sent to Washington to Congress had to take money out of sia itself. As has been documented time 15 cents of every dollar sent to Wash- modernization, out of research, out of and again, in the public media, in this ington to pay for national security. quality of life, so that our defense country and around the world, Russia We have to understand the context in budget and our priorities were that then for the first time ever, that we which that cut has occurred, because much further hurt by the actions that know of, activated its nuclear response back when John Kennedy was the this Congress was forced to take. which was aimed against the U.S., President, there was the draft. We took On top of all of that, we have to look which meant that they had approxi- young people out of high school, we at what has been the most rapidly in- mately 20 to 25 minutes to respond to a H9666 CONGRESSIONAL RECORD — HOUSE October 6, 1998 weather rocket being launched by Nor- missile, the Shahab-3. This missile, We saw the Chinese sending M–11 way that they had been warned of ear- which appeared years earlier than what missiles to Pakistan. We saw the Chi- lier. we were told by this administration, nese sending ring magnets for Paki- With a matter of minutes left, Boris this capability would, in fact, be within stan’s nuclear program. We saw the Yeltsin overruled the two commanding the range and capability of Iran, was Chinese sending special furnaces for officers who, along with him, control tested. We now assume it is deployed, Pakistan’s nuclear program, and we did the system that controls the response which means that today, tomorrow, not take the appropriate steps to stop of the ICBMs from Russia, at that time and for the next 12 to 18 months, the it. We saw the Russians transferring Defense Minister Grachev of Russia 25,000 troops that we have stationed in accelerometers and gyroscopes to Iraq. and General Klesnikov. He called off the Middle East, all of Israel, and all of In fact, we saw it happen three times. that nuclear response, which would our allies in the Middle East are at risk We saw the Russians transferring have been an attack on our country, of because we do not have the capability technology to Iran for their medium- a multistage rocket that was launched to defend those individuals against range missile. In fact, we saw it numer- by Norway for weather sampling pur- that system that Iran now has which ous times. And we have seen evidence, poses. they acquired with the help of Russian Mr. Speaker, of the transfer of chemi- b 1900 agencies and entities. cal and biological technology to rogue That is why this Congress voted over- nations and rogue states that now These are the kinds of risks that we threatens our security and the security now face, Mr. Speaker, that were not a whelmingly in the House with 400 concern back in the days of the Cold votes, in the Senate with 96 votes, to of our allies around the world. So the problem we have, Mr. Speak- War. We face the concerns brought to force the administration to impose er, is that while this administration us by General Alexander Lebed last sanctions on the Russians for cooperat- has cut defense spending dramatically year when he told me in a face-to-face ing with the Iranians in terms of that to the point now where we are facing a meeting that as Yeltsin’s chief defense technology. situation much like the 1970s, they advisor several years prior, when he This was a threat that we did not see, have also not enforced the very arms was asked to account for 132 suitcase- that we did not feel, and did not realize sized nuclear weapons, small atomic just 1 and 2, 3 short years ago. Today it control agreements that they maintain demolition munitions, he could only is reality. are the heart of their ability to guaran- Then we saw North Korea, Mr. account for 48. He had no idea where tee stability around the world. So we Speaker, at the end of August, on Au- the other 70 or 80 devices were, whether have been hit, in effect, by a double they were safe, whether they were se- gust 31, take a step that none of us whammy. We have been hit by a lack of cure, or, in fact, whether or not these thought would occur, certainly not in arms control enforcement, by a policy devices had been sold or maybe, in fact, this decade, in this century. And that of proliferation that we have not con- were on the world market available to action was to fire a three-stage rocket, trolled, that this Congress has ac- be sold internationally. which we were not even sure that knowledged with its votes, coupled The point is that the instability in North Korea had the technical capabil- with a dramatic series of cuts in our Russia today is cause for us in this ity to deploy, to fire a three-stage defense spending. country to be alarmed. Look at some of rocket across the mainland of Japan. Now, how serious are these cuts, Mr. the evidence of what has occurred over Now, the trouble with that three- Speaker? Well, we have some wings of this past year. We said last year that stage rocket, known as a Taepodong 1 our Air Force capability where we have we thought the Russians, some of the system, is that this capability, when up to one-third of our fighter aircraft Russian institutes that were so des- one does the mathematical calcula- that cannot fly. We have to use one- perate for hard cash may, in fact, be tions to show the potential range of third of the airplanes to cannibalize cooperating with nations like Iran and that system, now shows that North the parts to keep the other two-thirds Iraq to build next generation weapons Korea has a system that can hit the flying. systems. We were told by the Intel- outer fringes of Alaska and Hawaii. A few short months ago we had to ligence Community not to worry, that Mr. Speaker, this is unheard of. We ground our nationwide fleet of Huey is not happening. That Iran, Iraq, always knew that Russia had long- helicopters because of lack of re- Libya, Syria and North Korea would range ICBMs. We even knew that China sources. We are asking our marines and not have these kinds of technologies had long-range ICBMs. Now we face the our Navy personnel to fly the CH–46 that threaten this country for decades, very difficult prospect that North helicopter until it is 55 years old. This for years, so for us not to worry. We Korea has tested a system which begins helicopter was built during the Viet- have time to prepare. to touch the outer reaches of the 50 nam war, but because we had to pay for It was last August when the leader of United States. Again, Mr. Speaker, we all of these deployments that this Israel Mr. Netanyahu challenged the have no systems or capability today to President got us into, we had to shift U.S. by saying publicly that Israel had defend this Nation against that threat. the money away from buying new heli- evidence that Russia had entered into We heard the statements by General copters to pay for those deployments, secret arrangements and deals with Lebed about small atomic demolition and more and more of our soldiers and their space agency and the Iranians to munitions. We know the increasing sailors and marines are being subjected help Iran build a medium-range mis- threat being posed by weapons of mass to increased threats because of the age sile. destruction, chemical and biological of these aircraft, because of the age of We in the Congress responded to weapons, nuclear weapons. We have these systems. that. In fact, I introduced legislation seen, as I reported 2 months ago on the The Joint Chiefs now, after 4 years of which eventually passed, in spite of the floor of this House, 37 violations of telling the Republican Congress we do administration’s opposition, to give us international arms control agreements not need this extra funding, have fi- short-term capability to protect our by Russia and China in the last 6 years nally awakened, and just last week in troops in the Middle East, to protect alone. the Senate the Chairman of the Joint our allies like Israel and Kuwait, Bah- Now, this administration claims that Chiefs and the service chiefs each came rain, and the other Gulf countries, we can cut the Fed spending because in and said, we were wrong, we need Egypt and Jordan and so forth. they can rely on our arms control more money. Our backs are against the As late as February of this year, the agreements to control proliferation. wall. The troops are hurting. Morale is Assistant Secretary of Defense wrote The fact is, Mr. Speaker, this adminis- down. me a three-page letter and said, Con- tration has the most abysmal record on We have got the lowest retention gressman WELDON, your fears are un- arms control of any administration in rate in the last 20 years in terms of founded. We will not see the Iranians this century. Of those 37 violations Navy pilots and Air Force pilots. We deploy a medium-range missile for at that I put in the record 2 months ago, cannot pay them enough money to stay least 2 years, and probably even longer. this administration only imposed sanc- in to man these missions that this July 22 came, Mr. Speaker, and the tions three times. In each of those President wants to put our troops into world saw Iran launch a medium-range three cases, they waived the sanctions. harm’s way with. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9667 Mr. Speaker, this is the real scandal as the worst period of time in under- cially and politically, but we also want in Washington, and this is where the mining our national security. them to understand that, as a civilized American people need to focus their at- Mr. Speaker, we do not have a strong nation in the 21st Century, they cannot tention. The world is not all that safe. military to necessarily fight wars, but allow technology to be sold to rogue There are attempts to move weapons of rather to deter aggression. No Nation nations, to rogue operatives. When we mass destruction around the world. in the world has ever fallen because it deal with China and engage them eco- There are nations building medium- was too strong. When a Nation is nomically, they must understand that and long-range missile systems today. strong, despots and tyrants do not we are going to call into question their In fact, we have intelligence evidence think about challenging them. People lack of control of sensitive tech- not just showing North Korea, not just like Saddam Hussein and the Ayatollah nologies that they sell abroad. That is Iran and Iraq, but Syria and Libya and Khomeini, Muammar Gadhafi think what this administration has not been other nations that are desperately try- twice when they know a Nation is doing well. ing to get a capability to ultimately strong and there is a price to pay for In fact, Mr. Speaker, I will be sup- harm the U.S. and our allies. actions they take. porting this administration when they How could we be surprised in May of When a nation begins to weaken come and ask this body, as they have, this year when India and Pakistan itself militarily, when we cannot han- to replenish the IMF with money to started to sabre rattle? One set off a dle the level of our commitments help Russia stabilize itself. But, Mr. nuclear detonation, and the other did. around the world, when we do not en- Speaker, I am going to make some We saw that technology flowing there, force arms control regimes that con- clear differences between what this ad- and we did not stop it. But when it oc- trol proliferation, that is when secu- ministration wants to do and what I curred, we raised our voices and said, rity becomes a major problem. That is think is necessary. how can these two nations be threaten- what we are approaching today, Mr. Many of my colleagues in this body ing each other in such a civilized Speaker. We are approaching a situa- oppose helping Russia during this time world? Because of the insecurity that tion today where we cannot meet the of economic turmoil. I would say we is now occurring around the world by demands that are being placed on our have no choice. Because if we do not the continual decline in our defense ca- troops. help Russia stabilize itself, I can tell pability, coupled with the lack of en- When I traveled to Somalia a few my colleagues where they are going to forcement of arms control regimes. years ago and talked to our troops, the turn, they are going to turn to those Now, Mr. Speaker, most of my col- one thing that those young Marines middle eastern countries, those Islamic leagues know that I am not advocating said to us was, you know, Congress- nations who have the dollars, who have massive increases in defense spending. man, we will go any place any time we the hard currency to buy the kinds of In fact, I was one of the only Members are asked by our country, but we can- technology that Russia has to offer, on my side that continuously opposed not keep having these back-to-back de- whether it is chemical, biological or the B–2 bomber, not because I do not ployments. You send us from Haiti to nuclear; to buy the weapon systems like the stealth technology, but be- Somalia, from Somalia to Bosnia. that Russia has to sell. cause I felt we could not afford it. I When do we get home to see our fami- We need to have Russia understand have opposed weapons systems. I have lies? When do we get home to see our that we want to constructively engage criticized this administration for try- loved ones? in a disciplined way our Russian ing to do too much. Mr. Speaker, morale in our services friends. In fact, that is why, Mr. Speak- But, Mr. Speaker, we are now be- is taking a nose-dive. That is not a er, I went to Moscow the first week of tween a rock and a hard place. As we front page story in the Washington September. I met with the factions in approach the end of this century, we Post. It is not the lead editorial in The the State Duma. In fact, I negotiated, are facing a colossal train wreck. We New York Times. It is not even the with some of my friends, a series of have a ton of new weapons systems lead story in the L.A. Times. But, Mr. eight principles that I think should be that need to be built to replace older Speaker, it is real. the conditions upon which we approve systems that we cannot fund. The Navy We are facing a situation today that additional funding for Russia through wants a new aircraft carrier. That is a we are going to pay the price for. In- the IMF. Those principles deal with $6 billion price tag. They want new at- creasing deployments, decreasing dol- simple facts, Mr. Speaker, and the tack submarines. They want new sur- lars, increasing costs for quality of life, irony is I came back to Washington face ships. lack of commitment for the resources with agreement on the part of the Rus- The Marine Corps wants the V–22 Os- necessary, and a world that is increas- sian Duma. prey to replace the CH–46 helicopter. ingly more troublesome in terms of Now, Mr. Speaker, this administra- The Army wants the Comanche heli- threats. tion has complained that the Duma in copter. The Army wants to digitize its Russia has been the reason why the b 1915 battlefield. They want the Crusader, economic reforms have not gone for- and all four services want new tactical Now, we do not just need to re- ward, and that is because this adminis- aviation, want new fighter planes, the strengthen our military, but that is, in tration has totally relied on a one-on- F–22, the Joint Strike Fighter and the fact, a top priority. We need to rein- one relationship between our President FA–18E/F. force our commitment to enforce arms and President Yeltsin. In fact, we have If we take that one area alone of tac- control regimes; to make sure that na- not established the kind of outreach to tical aviation, and if we proceed, as tions do not send their technology to those other power centers in Russia this administration wants us to do, to rogue operatives. that need to be addressed and need to buy all three systems, the General Ac- Now, I am not saying we have to em- be consulted. Well, that is what I did, counting Office and the Congressional barrass the Russians or embarrass the working with my colleagues in the Budget Office has estimated in con- Chinese. In fact, Mr. Speaker, I have interparliamentary dialogue. We nego- gressional hearings to us that it would been to Russia 16 times, and last year tiated a series of principles that I cost us between $14 billion and $16 bil- I led two delegations to China. I formed think lay the foundation for a new re- lion a year to fund those three pro- and chair the interparliamentary rela- lationship with Russia. grams. tionship with the Russian Duma. I do The interesting point, Mr. Speaker, Mr. Speaker, this year we are spend- not want to recreate the Cold War. But is that today, while many of my col- ing about $2.5 to $3 billion on tactical in dealing with Russia and China, it is leagues in the Congress oppose IMF aviation. How in the world are we not just the engagement espoused by funding, interestingly enough, so does going to fund $14 billion to $16 billion 5 this administration, rather it is what I the Russian Duma oppose IMF funding. years down the road? The answer is we call the need for us to have disciplined Now, why does the Russian Duma op- cannot. engagement. pose additional American money and Mr. Speaker, my prediction is that in When we deal with the Russians, they western money going into Russia? Be- the next century, in the first decade, must understand we want to help sta- cause their perception is that we are we will look back on this 8-year period bilize their country economically, so- reinforcing corrupt institutions, that H9668 CONGRESSIONAL RECORD — HOUSE October 6, 1998 are basically Boris Yeltsin’s institu- that, perhaps we would not have seen ers on our eyes. When Russia violates tions in Moscow, that have wasted hun- the hundreds of millions and billions of agreements, we must call them on dreds of millions and billions of dol- dollars from the IMF go into corrupt those violations. And when China does lars, as has been documented by both hands in Russia. the same, we must call them. But in the IMF, by our own auditing entities Another principle, Mr. Speaker, is to the end, Mr. Speaker, we must also be in this country, and even by the inter- force the IMF to reform itself; to sug- prepared. We must have a military ca- nal Russian auditing agencies. gest to the IMF board that it should pable of handling any situation. So the Duma says, why should we convene an international blue ribbon Listening to the chiefs testify before support more money coming into our task force to make specific rec- the Senate last week troubled me country in the form of loans when we ommendations to the IMF board about greatly, because the chairman of the are going to be stuck with the bill, and structural reforms that are necessary joint chiefs and the service chiefs, who when those loans are going to simply to deal with world economic problems are now beginning to write to us about bail out corrupt institutions that have like Russia is experiencing today, their shortfalls, are saying they are not helped create a middle class in something that everyone agrees with. desperately close to not being able to Russia. So the Duma is not stupid. The IMF needs to reform itself and the meet the needs that they may be asked They do not want more money coming way it doles out its dollars and its to respond to by the Commander-in- into Russia, because they have seen credits. Chief of this country, whoever it might where the money has gone up until Another principle agreed to by the be. now. It has gone down a hole. In fact, Duma, Mr. Speaker, was to have a full Mr. Speaker, that is the real scandal much of it has ended up in Swiss bank accounting of the IMF and World Bank in America, a scandal that needs to be accounts, in U.S. real estate invest- dollars and U.S. dollars that have al- addressed, a scandal that needs to be ments, by corrupt Moscow-based insti- ready gone into Russia; to establish an looked at. It is not screaming from the tutions that have not been thinking appropriate auditing mechanism to see front pages of our newspapers, but about the welfare and the needs of the where those dollars went. And once when we talk to those military person- Russian people and the Russian middle that auditing was done, to make sure nel serving our country, they tell us of class. that no additional dollars from the the seriousness of this issue. Now, there are some things the Duma IMF, the World Bank, or the U.S. Gov- I encourage, I implore my colleagues, has to do. They need to implement re- ernment went back to those corrupt in- Mr. Speaker, to focus on the real scan- forms. But they will not do it with stitutions that took that money pre- dal in America, not just today but as Boris Yeltsin and they will not do it viously and wasted it. we approach the end of this session and for President Clinton, because they see Now, that seems like it is common into a new election cycle, and as we their policies as having failed. What, sense, Mr. Speaker, and that is why the move into the next new session of Con- then, did we agree to? Russian Duma felt this was so signifi- gress; that we look at national security Mr. Speaker, first of all, we agree, cant and such a high priority; that no in the context of what is occurring this was on the part of the Russian additional dollars would go into cor- today around the world. Duma and the U.S. Congress represent- rupt institutions, in Moscow or any- The threats in the 21st Century are atives, that any additional IMF fund- place else in Russia. going to be different from the Cold ing, any additional World Bank fund- Another initiative, Mr. Speaker, War. Missile proliferation and missiles ing, any additional funds from the U.S. would have American business leaders are the weapons of choice, followed Government must first of all be pre- making themselves available volun- closely by weapons of mass destruc- ceded by the reforms necessary and tarily to work with large corporate in- tion, be they chemical, biological or called for by the IMF and by President dustries in Russia to assist them with nuclear, that could be brought into our Clinton. That means stable tax sys- their own corporate problems, whether homeland or into our allies’ territories tems, that means aggressive tax collec- they be management, fiscal discipline, and set off as we saw in the World tion, that means privatization of land, marketing, whatever the problems Trade Center, the Murrah bombing in that means structural reform of Rus- would be, as a kind of mentoring rela- Oklahoma City, or the Atlanta bomb- sia’s economy. And the Duma agrees tionship between American corporate ing at the Olympics. with that principle. leaders and Russian corporate leaders; And the threats of the 21st Century The second principle, Mr. Speaker, to give them the kind of experiences are going to involve asymmetric war- was that the regions that have taken that our corporate leaders have had fare, the use of computers, and capa- steps to implement reforms should be such success with in this country and bilities beyond our imagination to given proper recognition by the Mos- to be able to apply them in Russia. compromise our smart systems. If I am cow-based institutions where they, in And, finally, Mr. Speaker, we agreed an adversary and want to take out fact, are taking steps to privatize the that we should establish the param- America in the 21st Century, I am not land, to stabilize the economy, and to eters for a new one-shot initiative to just going to think about missiles and make programs available for middle in- bring up to 15,000 college Russian stu- weapons of mass destruction, I am come people in Russia. In fact, this is dents, undergraduate and graduate, going to try to find ways to com- one of the top priorities in Russia. into America to attend American busi- promise our smart systems. Not just And coupled with this is their initia- ness economic and finance schools; to our missiles, that are all controlled by tive to begin the first housing mort- get undergraduate and graduate de- computers; not just our battlefield, gage financing system in Russia, a pro- grees in the principles of our free mar- which will be digitized in the 21st Cen- gram I have been working on for the ket system so they can become the tury; but our quality of life systems, last 14 months, set up by my colleague, next generation of business leaders in our electric grid system for our cities, the gentleman from North Carolina Russia’s free markets. our air traffic control system for our (Mr. CHARLES TAYLOR), one of our suc- The stipulation that would be re- airplanes, our subway systems for our cessful bankers in the Congress. quired of each of these students is that large metro transit authorities. These The third principle is that there they would come to America, but, are the areas that we expect to be chal- should be a new commission estab- when completing their degree, must go lenged in the 21st Century. And with- lished, made up of Members of the U.S. back to Russia to live and to work and out the resources and the commitment, Congress and the Russian Duma. This not be able to stay in this country; to Mr. Speaker, this becomes the vulner- commission would monitor every dol- create a new generation of business ability of America in the 21st Century. lar of money going into Russia to make leaders to help Russia move into the I encourage and, again, I implore our sure the money is going for the in- 21st Century in terms of a free capital- colleagues on both sides of the aisle, tended purpose for which the money ist system. because this is a bipartisan issue. And was allocated. There currently does not So, Mr. Speaker, our point is a sim- in the past our successes in plussing up exist that kind of oversight, where we ple one. We want to stabilize Russia, defense spending have all been biparti- can have access to see where these dol- just as we want to help China stabilize san. It has been Democrats and Repub- lars are ending up. And if we had had itself, but we must do it with no blind- licans working together in fighting a October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9669 White House that has decimated our pages would be parched. But frankly leged, for some would listen and say, military’s capability. Alexander Hamilton wanted to ensure ‘‘That’s already a given,’’ because the Mr. Speaker, I yield back the balance that these rights would be sacred, that House Judiciary Committee’s work has of my time. they would last until time was no not been done; but yes, it is well recog- f more. He wrote and he joined others in nized that the President’s behavior was collaborating and writing and debating reprehensible. The President has ad- CONSTITUTIONAL IMPEACHMENT and speaking to the Constitution so mitted an untruth and admitted im- The SPEAKER pro tempore (Mr. that it would be a living document. proper relations. BRADY of Texas). Under the Speaker’s Frankly, as I have said from the very Mr. Speaker, even with that, the announced policy of January 7, 1997, beginning of this process, the President challenge for those of us who are given the gentlewoman from Texas (Ms. of the United States, who also can this high calling is frankly to abide by JACKSON-LEE) is recognized for 60 min- claim the Constitution, is neither the Constitution and not to presume. utes. above nor beneath the law. The Con- Now, I can say tonight that from the Ms. JACKSON-LEE of Texas. Mr. stitution specifically points to us the minimal work and the minimal docu- Speaker, rising behind my very able people. You are not included because mentation, I am very uncomfortable colleague, I would be remiss in not you are an elected official or excluded. with even believing that there is any joining him in saying that this is an And so its beginning preamble says, premise for reaching the level of this issue of great concern. It is a biparti- ‘‘We the people of the United States, in unconstitutional allegations or uncon- san issue. It warrants the attention of order to form a more perfect union, es- stitutional effort, if you will, to pro- the Nation and of this Congress, and it tablish justice, ensure domestic tran- ceed against the President for offenses warrants a collaborative effort between quility, provide for the common de- that may not rise to the level of con- the executive and the legislative fense, promote the general welfare and stitutional offenses. branch. secure the blessings of liberty to our- Let me clarify what I said, for I It is for that very reason that I selves and our posterity, do ordain and would never want to suggest that we thought it was almost imperative that, establish this Constitution for the have reached an unconstitutional level 1 day after the proceedings in the United States of America.’’ at this point. But if we follow through House Committee on the Judiciary, I This is a living document. It is for in the mode in which we are now pro- come to the floor to discuss these and by the people. Most of all, I think ceeding, I would think the Founding issues that now seem to take the ma- the Founding Fathers coming from Fathers would say that we are acting jority of the time, of the thought and places foreign to us that they felt were unconstitutionally, because we are analysis and the conscience of Amer- despotic, domineering, overwhelming, rushing to judgment on offenses that ica. Today, Mr. Speaker, I rise as an they wanted a country that fully re- on their face clearly do not appear to American, and I speak on the issue of spected equality. They particularly be constitutionally based as offenses constitutional impeachment. emphasized the need for the three that would warrant a constitutional I am an American who happens to be branches of government. They wanted impeachment. a member of the House Committee on a strong executive but also the judici- Martin Luther King, whom I call a the Judiciary and, as well, a Democrat. ary and the legislative. And in this dis- legal scholar, trained legally, if you But as I speak about constitutional im- cussion and in this constitutional im- will, in fighting injustices, not one peachment, I hope that those who may peachment discussion, I remind my that had a law degree, but certainly re- engage in this debate or listen to this colleagues in their debate and tone, let ceived his scholarship from being on debate will not be thwarted by the fact us not incite the American people. Let the front line in fighting against injus- that I serve on this Nation’s House us not create hysteria. Let us not draw tice, said in his letter from a Bir- Committee on the Judiciary, may not upon the tragedy and the unfortunate mingham jail, which many of us are fa- be thwarted by the fact that I am a events in Philadelphia, where people miliar with, ‘‘Injustice anywhere is a Democrat, may not label my remarks lifted up in essence physically against threat to justice everywhere. Whatever because I am an African American or each other. We do that, you know, in affects one directly affects all indi- because I am a woman. our words and how we define this. rectly.’’ So first of all, Mr. Speaker, I would So it is important for me to share b 1930 like to be able to elaborate on how we with the American public how we got Frankly I welcome agreement and got here. First of all, we understand we to where we are today. Frankly, we are disagreement. But I would hope in this have got a Constitution. In the wisdom operating or operated under H. Res. 525. hour we would be able to get away of the Founding Fathers, they estab- This was a resolution that came to the from what has been the characteriza- lished a provision dealing with the re- floor of the House September 11, 1998. tion of this debate over the last couple moval of the President and Vice Presi- It came after my appearance and sev- of weeks, partisan, full of labels and dent of the United States and other eral others who appeared in the Rules misinformation. civil officers. In Article 2, Section 4, it Committee on September 10, 1998 and Frankly, Mr. Speaker, this is a con- reads very simply, ‘‘The President, argued vigorously that if we were to stitutional discussion. Because of that, Vice President and all civil officers of proceed, suggesting that we should I would like to begin by reading actu- the United States shall be removed move under Article 2, Section 4, we ally from the Constitution. First of all, from office on impeachment for, and should move with a very fine standard I think we can all agree that the Dec- conviction of, treason, bribery or other in the backdrop, and that was that of laration of Independence which de- high crimes and misdemeanors.’’ Let the Watergate proceedings; chaired by clared us independent was actually the me emphasize ‘‘high crimes and mis- Chairman Rodino, then the Democrats promise and the Constitution, working demeanors.’’ Different from the time in the minority, then a Republican through a very difficult process, was that we are in today, our Founding Fa- President, and, of course, Republicans the fulfillment. thers knew that the word ‘‘high’’ in the minority on that committee. Alexander Hamilton in 1775 said: meant very serious, very high, very im- But even with that backdrop, Chair- portant, very troubling, very difficult. man Rodino, and history paints him The sacred rights of mankind are not to be rummaged for among old parchments or They did not want us to entertain friv- well, provided a very fair and even- musty records. They are written as with a olous concerns, because they were par- handed process. Debating, yes. A dif- sunbeam in the whole volume of human na- ticularly concerned about us under- ference of opinion, yes. Political in ture, by the hand of the divinity itself, and standing the value of preserving this some sense, yes. But remember, now, in can never be erased or obscured by mortal sovereign Nation. And so as the debate contrast to where we are today, on Oc- power. has been played out in the eye of the tober 6, 1998, there had been a Senate Frankly, this, I think, captured the American public, there are those who Watergate proceedings under Sam document we now call the Constitu- would claim impeachable offenses for Ervin, there had been at least 3 months tion, for obviously writing in 1775 and the President’s allegations, or alleged of review of the materials that had before, we know that now in 1998 those lying to the American people. I say al- been laid out before the public eye H9670 CONGRESSIONAL RECORD — HOUSE October 6, 1998 through those proceedings, even before right to know, America’s right to that I have great respect for was that the House Judiciary Committee consid- know, and tragically I agreed with my special prosecutor. ered this thing called inquiry. And so I earlier stance, continue to agree with Certainly we all are aware or remem- argued September 10 not as a Demo- that, was absolutely the wrong ber the midnight massacre. Well Leon crat, not as a member of the House Ju- premise, for the premise was based Jaworski came after that, a special diciary Committee already pre- upon more of the people’s right to prosecutor, a Texan, a great American, disposed, not as a defender of President know and not the reflection of the som- a man who upheld and believed in the William Jefferson Clinton. More impor- berness of the responsibility that the integrity and the ethical premise of the tantly, I think, I hope that I was de- Founding Fathers gave this that you law. He did his job, and out of his work fending at that time or at least pro- do not go easily into the day to im- came enormous or a number of pros- ceeding to comment both constitu- peach the President of the United ecutions or indictments. His grand jury tionally and as an American. I argued States. This is not a discussion about in fact actually performed, and he pre- that fairness dictated that we follow a the Democratic President or the Re- sented to the House Committee on the very good track record, and that was a publican President. It is a discussion Judiciary not a list of allegations and track record of the Watergate proceed- about the Presidency of the United an indictable document or a document ings which moved into executive ses- States of America, one again where the that was to be considered an indict- sion and reviewed the documentation Founding Fathers refused to take ment; he frankly present to the House that might have been presented then lightly. In fact as they defined high Judiciary Committee facts and mate- by the special prosecutor and allowed crimes and misdemeanors, they refused rials of which they had the responsibil- the President’s counsel to review, and to accept the definition of maladmin- ity to review and to assess. argued vigorously that we were making istration, something that was done by Let me tell you what came about a very serious mistake by opening the the President, and I will get into that through this independent counsel, Mr. door to dissemination of materials of further, that you did not like or you Starr. He did not receive or nor did he which no one had reviewed. did like. attempt to receive judicial assent, such Frankly, the arguments were not So when we voted on September 11, as it was, sought by the independent wholly listened to, and a resolution and I voted enthusiastically against counsel prior to sending the referral to came out of the Rules Committee that the release of these documents, includ- Congress and to do anything to assure moved to the House on September 11, ing the 445 pages, we in essence gave fairness. The contrast to the Watergate expe- 1998. But listen to the language of this authority to the House Judiciary Com- rience could not be more striking. In rule that would have still given us an mittee not to do as I believe we should that earlier case it will be recalled the opportunity to follow appropriately have been doing, which is to deliberate, Watergate special prosecution force did very evenhanded procedures that were to study and to review and to move not send to Congress an argumentative utilized during the Watergate proceed- carefully into a process that may re- ings. H.Res. 525 reads in part, Section 2: or inflammatory document, but rather sult in a very considered vote on an im- a simple road map which merely sum- The material transmitted to the House by peachment inquiry. But what we did is the Independent Counsel shall be considered marized and identified the location of as referred to the Committee. That is the to throw into a House Judiciary Com- relevant evidence. Moreover, this docu- House Judiciary Committee. The portion of mittee that seemed hell-bent, if you ment was submitted for review by such material consisting of approximately will, on releasing documents with Judge Sirica, the supervising judge of 445 pages comprising an introduction, a nar- minimal review. Yes, the staff has indi- the grand jury before it was sent to the rative and a statement of grounds shall be cated that they have reviewed every printed as a document of the House. The bal- House of Representatives. Counsel for single piece of paper. Review may be President Nixon was given notice and ance of such material shall be deemed to taken in a more general term. They have been received in executive session but an opportunity to be heard before the shall be released from the status on Septem- have touched it, they have looked at it. report was sent to Congress. ber 28, 1998, except as otherwise determined Frankly, I would take great issue in This is not an attempt for cover-up. by the Committee. Materials so released that, Mr. Speaker, because I believe if This is an attempt to appreciate the shall immediately be submitted for printing people of good will had been able to re- basic fairness upon which we operate as a document of the House. view extensively all of the documents and the constitutional premise of due Let me point the Speaker to a very that were released, they would not process. salient point. This material was have released such salacious, porno- Judge Sirica carefully reviewed the deemed received in executive session graphic materials not for the Nation to report explicitly finding that it con- and the authority was given over to the see but for the world to see. stituted a fair summary of the grand House Judiciary Committee, Mr. So our first error was to ignore the jury’s evidence. It draws no accusatory Speaker, to carefully, deliberatively rule of this House, a rule that I had conclusions, it contains no rec- and constitutionally to review this ma- hoped would have, more than not, sent ommendations, advice or statements terial and determine what the appro- these materials totally in executive that infringe on the prerogatives of priate procedures might have been; session and asked us to carry on our other branches of government. trust given to representatives of both deliberative work, but the rule that My friends, this is extremely, ex- Republicans and Democrats, represent- was passed did actually send the mate- tremely important because the OIC, atives of the American people, rep- rials in executive session and gave to the Office of Independent Counsel, is resentatives of both sides of the aisle, the authority of the Judiciary Commit- not the judiciary, it is not the legisla- trust invested in them as members of tee the right to distribute these mate- tive branch. In fact, it is not the execu- the House Judiciary Committee to ap- rials and, of course, our Republican tive. It is almost a fourth arm of gov- propriately review this material and, majority decided that it was more im- ernment and bears extensive review therefore, give its best judgment to the portant to flutter and clutter the itself. It is a frightening element of House as to how it should proceed. Un- American airwaves, the international which this Congress should surely re- fortunately, our colleagues, Republican airwaves and to create mass hysteria view for its fairness and its properness. colleagues in that committee chose not around allegations by this Office of It renders no moral or social judg- to follow what I thought was constitu- Independent Counsel, allegations rath- ment. I am continuing to read from tionally grounded in the very fine pro- er than referrals. Judge Sirica’s report. The report is a simple and straightforward compila- ceedings that were offered as a back- b drop and as a study or a place of study, 1945 tion of information gathered by the the Watergate proceedings, and then Let me go to the next unfortunate grand jury and no more. The special did nothing for a period of days but circumstance that provides, I think, prosecutor has obviously taken care to meet to release. Out of that came the difficulty in the referral by the Office assure that its report contains no ob- hysteria and what now is a challenge of Independent Counsel. We must real- jectionable features and has through- to these constitutional proceedings. ize that during Watergate there was no out acted in the interests of fairness. The argument made by my Repub- such Office of Independent Counsel. It In this case, on the other hand, the lican friends was that the people’s was called a special prosecutor. A man independent counsel went not to the October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9671 supervising grand jury judge, Chief in advance of a full investigation of the tyranny of a king and his counsel, and Judge Norma Holloway Johnson, but facts. The Supreme Court of the United the framers sought to build in safe- rather to the special division for the States does not reach out in the ab- guards against executive abuse and purpose of appointing independent stract to rule on the constitutionality usurpation of power. They explicitly counsels of the United States Court of of statutes or of conduct. Cases must rejected a plural executive despite ar- Appeals for the District of Columbia be brought and adjudicated on particu- guments that they were creating the which had appointed him independent lar facts in terms of the Constitution. fetus of a monarchy because a single counsel almost exactly 4 years earlier. Similarly, now the staff has suggest- person would give the most responsibil- There was no notice for the President, ing as the House committee in 1974 was ity to the office. For the same reason no opportunity for counsel to be heard about to proceed, the House does not they rejected proposals for a counsel of on the propriety or fairness of any re- engage in abstract, advisory or hypo- advice or privy counsel to the execu- ferral to Congress, nor did the inde- thetical debates about the precise na- tive. pendent counsel submit a report for the ture of conduct that calls for the exer- Frankly our Founding Fathers were special division to review if it had been cise of its constitutional powers. Rath- wise enough to strike a good balance. so, if had been so inclined. Instead, the er it must await full development of In striking a good balance they were independent counsel sought and re- the facts and the understanding of the clearly fearful of giving too much au- ceived a blank check from the special events to which those facts relate. thority to any one branch because they division to include in its referral which My friends and Mr. Speaker, before did not want to see one branch topple would not be drafted and submitted to we can even understand the facts, be- the other branch. Here lies the founda- Congress until 2 months later all grand fore we can make any sense out of Mr. tion of why we must be extremely con- jury material that the independent Starr’s referral, these matters were cerned about where we are with this counsel deems necessary to comply thrown to the American people. There impeachment process. with the requirements of Section 595. were no discussions on establishing We cannot go immediately, Mr. Against this back drop it is critical standards and matching those stand- Speaker, to jump to the conclusion that the Committee on the Judiciary ards with the facts. Rather it was to that this President or a President develop standards that would warrant create hysteria, and here we had a should be impeached. us understanding what impeachable of- model and an example of which we I said earlier, and I say it again. I fenses are, and so against a very even- could very carefully study so as not to have not determined and I see no basis, handed back drop that the Watergate create incidences where American is in spite of the counsel for the Repub- special prosecutor, Mr. Jaworski, par- rising up against American and conclu- lican presenting a very lengthy presen- ticipated in, going to the court, allow- sions are being made primarily because tation yesterday in the committee, ing Mr. Nixon’s counsel to review, they have found no leadership in this that we have impeachable offenses. One making sure that there was an even- Congress. of the reasons why we cannot conclude handed review, having the judge give Interestingly enough, our own Speak- there, and I have concluded to the ex- credence and approval to the approach, er, NEWT GINGRICH, was charged with tent of what we have done so far that we had a completely contrary perspec- lying, and he appeared and had the op- there are none, is because this commit- tive or a contrary approach used by portunity to go before the House Com- tee refuses to acknowledge the impor- Mr. Starr. mittee on Standards of Official Con- tance of determining constitutional This strikes at the very premise of duct. That committee provided the standards before we vote on an im- constitutionality and the basis upon Speaker with the opportunity to re- peachment inquiry. which I frankly think that we should view those materials, to have counsel, Yesterday Mr. Schippers presented us proceed. to be engaged, and yet their final solu- with a document. Certainly I know So what we had was a document pre- tion to date is still sealed. Although a that he worked very hard on this docu- sented to us, 445 pages, a document full fine was assessed, we have yet to throw ment, but added other offenses based of allegations, an indictment docu- to the public those documents that upon staff’s review of the material. In ment, and, by the way, a grand jury provided evidence of this Speaker fact, Mr. Schippers presented to us new that still remains open, that has not lying, and in fact this speaker was re- allegations that for me provide great acted in any sense, that has not in- elected to the position of Speaker. discomfort because he is alleging con- dicted or not in any event made any So all I am asking for, Mr. Speaker, spiracy, conspiracy between the Presi- statements about this other than to is simple fairness, and frankly let me dent and Miss Lewinsky, and I might have witnesses come forward as it re- share with you why it is necessary to say that in looking at the contacts of lates in particular to the incidents have fairness. Among the weaknesses which he bases his premise on, I am with Monica Lewinsky. of the Articles of Confederation, and baffled why we would have leaked to Let me share with you why I think this is going back to the impeachment conspiracy with a minimal of contact that the backdrop or the Watergate is remedy as discovered or designed by and no evidence of the two parties now a standard that could be utilized. As I those individuals who were coming to- mentioned in a conspiracy that would proceed, you will have my admit or gether in the early part of this Nation have not shown any basis of conspiracy concede the point that the Republicans who wanted to strengthen and ensure or coming together. now argue, that they are following the that this country lasted. Might I try to But what that adds, Mr. Speaker, is Watergate model. But you will also put a better light on this by getting my another criminal element. I am not hear me counter that it may be a little glasses to read it more clearly? sure if the basis or the reason for Mr. too late at this time, too late and cer- Among the weaknesses of the Arti- Schippers doing so is because he saw tainly not timely for what we needed cles of Confederation, and I draw again severe weaknesses in the presentation to have been doing early on. from Federalist Papers, but I am citing already presented by Mr. Starr. In the committee’s report, the staff the February 1974 Watergate staff re- But you know all of this would have report dated February 1974, it was very port, Page 8; among the weaknesses of been avoided if our committee under clear what the staff perceived and how the Articles of Confederation apparent the House Res. 525 had taken those the Committee on the Judiciary would to the delegates for the constitutional words in executive session and pro- operate. Although staff at that time convention was that they provided for ceeded to deliberate and review mate- provided insight, certainly they did not a purely legislative form of govern- rials and through that process come to have the final word. But I think this ment whose ministers were subservient the House and said we are still review- language is very helpful to us as we to Congress. One of the first decisions ing materials and in fact we now want think about how we should proceed of the delegates was that their new to proceed and define the Constitu- here and how we can get back on the plan would include a separate execu- tional standards so that, as we would right track. tive, judiciary and legislature. However come out to the public, we would have Delicate issues of basic constitu- the framers sought to avoid the cre- been able to match allegations, if that tional law are involved, the staff said. ation of a too powerful executive. The was the case, with Constitutional Those issues cannot be defined in detail revolution had been fought against the standards. But yet we found ourselves H9672 CONGRESSIONAL RECORD — HOUSE October 6, 1998 in the committee yesterday listening to maintain constitutional govern- So I say to the gentlewoman that I to presentations by counsel only; no ment. Furthermore, the Constitution enjoy her discussions, and I am pleased witnesses, Mr. Speaker; coming to a itself provides that impeachment is no to join in with a comment or two. I do conclusion that we are at a point for an substitute for the ordinary process of not have any particular purpose but to impeachment inquiry. criminal law since it specifies that im- share this discussion with her. I simply say, Mr. Speaker, we had peachment does not immunize the offi- But it seems from a initial point of leaked and spoken before we had cer from criminal liability for his view that the American people are of a thought, and as well we had made de- wrongdoing. nearly singular accord to move this terminations before we could even rise I will yield to the gentleman from question away from the Congress and, to the occasion of being able to explain Michigan (Mr. CONYERS), my very es- as a matter of fact, out of their sight to the American people that we were teemed ranking member who had the and hearing at the earliest possible mo- constitutionally sound. challenge, if you will, of serving on the ment. I see the ranking member has come, 1974 Watergate committee. I think that Overwhelmingly, people have asked and before I yield to him let me share he will share with us that he was not a me, written me, called me, stopped me with those who frankly have maybe wallflower. He was not one who did not on the streets and said, please get rid come to a conclusion in the direction view the proceedings vigorously, but of this matter. I explain to them that that the President should be impeached more importantly, that he came to the it is the objective of most of us here, to understand our frustration and conclusion that Mr. Nixon should be and I include Republican colleagues in hopefully see this not as a defense of impeached. this, who are very concerned that we one man, but how somber and sacred I do not think that anyone who was dispose of this as rapidly as possible this responsibility is. We cannot even on that committee would shy away and yet keep order. entertain the concerns about saving from whatever their viewpoint may So the question that originally con- Social Security or dealing with the have been. But, frankly, I think that fronts us is, how do we do that? Well, one way that we do not do it is to lack of preparedness that our Joint we can stand here in all honesty and dump, I have lost track of how many, Chiefs have come to this Congress and say that the real crux of what we are tens of thousands of pages of material said that they are concerned about, now challenged to do in 1998 is not a from the independent counsel on to the very troubling issues that impact na- pay back for 1974. This is not ‘‘I got American people and in the public, not tional security, because we have leaked you’’ or ‘‘I will get you.’’ This is not a to the Congress, in particular, and this into a process a dangerous process Mr. circumstance where we could very well is very much contrary to the 1974 Wa- Speaker, without rhyme or reason and say, ‘‘I have waited all these years to tergate impeachment inquiry, not to guidance. get me a Democratic President.’’ For I hope that there was no one on the attorneys representing the Presi- b 2000 that committee, Mr. Speaker, my dent of the United States who is being I cannot express the level of my frus- ranking member, included, that had a investigated so that he might prepare a decent response, but to the American tration when Democrats who were ‘‘get you’’ mentality after they fin- people. Americans and are still Americans ished the evenhanded process using the today gave that committee every op- If there is a logic for this, I have not Constitution. heard it yet. It escapes me as to why portunity to pull back and to not go in That is the only thing that we are these tens of thousands of pages of sa- or move this engine in the manner in asking today. For I can tell my col- lacious material that quite frankly which it is going so that we can deal in leagues, as a younger person in 1974, border on the obscene, which the inde- a very somber manner, constitu- might I claim very young person, my pendent counsel has gratuitously tionally sound, with the issues at hand. heart was troubled. Fear rolls up. I did Let me share with my colleagues as sought to put into the public domain, not know whether this country’s sov- in other words, through the govern- well additional readings from our early ereignty would be maintained. Even Founding Fathers, but might I just cite ment at taxpayers’ expense, we have then I claimed to be a Democrat. now had the most pornographic govern- this as on page 24 of the staff report. So, Mr. Speaker, this is not a time ment document ever printed in the 209 There are a lot of people who said lying that we can cover ourselves from poli- years of our existence. and perjury. But our Founding Fathers tics that are extremely partisan. The question to Mr. Starr is why? again, and others who have studied this Mr. Speaker, I am happy to yield to The answer is that the Speaker of the issue, frankly, understood impeach- the esteemed gentleman from Detroit, House chose, upon receiving them, to ment, and they understood the ele- Michigan (Mr. CONYERS), the ranking make them public. For what purpose, I ments of it, or at least they understood member of the House Committee on do not know. There are many sugges- what they thought they wanted to en- the Judiciary, who has taught me the tions that there may have been politi- sure the sanctity of this sovereign na- value of removing myself from partisan cal motivation. tion. politics and the real crux of this mat- But the point of the fact is that we It reads, ‘‘Impeachment and the ter, which is the constitutionality of now have many citizens, many parents, criminal law serve fundamentally dif- this process and the preservation of a and even young people themselves say- ferent purposes. Impeachment is the nation. ing why did they do it? What are they first step in a remedial process, re- Mr. CONYERS. Mr. Speaker, I was trying to prove? What does this have to moval from office, and possible dis- listening to the gentlewoman from do with any inquiry on the Congress, qualification from holding future of- Texas (Ms. JACKSON-LEE) and felt com- much less an impeachment inquiry by fice. The purpose of impeachment is pelled to come to the floor to join in giving all of this material to the pub- not personal punishment.’’ this tremendously useful discussion lic, and, incidentally, not giving one Can I say that again, Mr. Speaker, that she is having with our colleagues page to the President of the United because there are people who are upset about this very awesome event that is States or his representatives. with the behavior of the President of under consideration, the investigation So the referral that has been referred the United States. Can I say some- of a sitting President of the United to and the releases that have come thing, Mr. Speaker, so am I. So are my States, and how the Committee on the afterward, and we just made some more colleagues. I do not want to speak for Judiciary, which has jurisdiction over this week, another several thousand the gentleman from Michigan (Mr. this matter, should deal with it. pages, all have to do with the relation- Conyers), my esteemed ranking mem- I must say that her discussion was ship of the President with one other ber. I have great respect for him. But I compelling, and it is as thorough as she person. would not even imagine that he would always is found to be as we work In the fifth year of his investigation, counter what he has heard about peo- through the complex matters that con- which we are still not sure if it is con- ple’s disappointment and outrage. front the Committee on the Judiciary. cluded or not, and to that end, the gen- But, frankly, Mr. Speaker, the pur- There have been many, but none as tleman from Illinois (Chairman HYDE) pose of impeachment is not personal towering as the one that we are bur- and I jointly sent a letter to him ask- punishment. Its function is primarily dened with at this moment. ing him in effect, for goodness sakes, if October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9673 there are any other materials, you Well, the threshold question, if we young person with a computer in his could not be holding them back at this look at the Starr referral, is marital house has now seen the very things date in your fifth year. This is not a infidelity, if there is any, a high crime that the Speaker at this moment pre- game. This is not a poker escapade. and misdemeanor. Is personal mis- cludes us from discussing because they This is not casino or roulette wheel. conduct that does not deal with the are pure allegations and they are, in ef- If you had dozens of attorneys and in- violations of the office or the abuse of fect, untested. There have never been vestigators and members of the Federal the powers of the President, is that a any cross-examination of who may Bureau of Investigation working, and high crime and misdemeanor? have alleged them. Mr. Starr has never you come up with nothing, nothing on Mr. Speaker, I must say that I have been before the committee. We do not Whitewater, nothing on Filegate, noth- commissioned our attorneys on the know where or how he got them. And ing on Travelgate, nothing on China, Committee on the Judiciary to find out yet, while they are common fare for nothing on campaign finances, nothing not only in American jurisprudence, citizens and young people, this mate- about Vince Foster’s suicide, only the and we have only had 13 cases of im- rial has now been served up by the Re- President and one person, we must pre- peachment, most of them were with publicans in this body to everybody in sume, contrary to the Speaker of the judges, and there were none that ever America. House, that that is all they have. included or involved themselves with I know that one 2-year-old has asked I have never heard of members of the marital infidelity, personal conduct, or his father, who is Monica Lewinsky? bar releasing something that is second sexual relations of any kind, none of Mr. Speaker, 2 years old. I know an- or third importance and not saying them; so the question is, perhaps in the other teacher who has been asked by a that they had something more signifi- English common law out of which this third grader, teacher, what is an or- cant. So it is only reasonable for us to whole notion of impeachment came, gasm? This is offensive to parents, assume that this is it. But if this is not maybe there is something there. We teachers, mature people who realize it, would the Office of the Independent find nothing there. In other words, just that this being put on the Internet has Counsel be polite enough to let the as a common sense threshold inquiry, I absolutely no salutary purpose. Members of Congress know that that is say to my colleagues, there is nothing By the way, I was reminded recently the case. I am sorry to report that, to within the report of our distinguished from a call from Memphis, Tennessee this moment, we have not had a re- former Judge Kenneth W. Starr that from a person in the music industry sponse from our letter. even touches within the parameters of that these are the same people, I say to Now, the question of why the Speak- Article 2, Section 4. the gentlewoman, that have criticized er chose to do it this way is after the Ms. JACKSON-LEE of Texas. Mr. rap artists for their obscenity and for horse has left the barn. He did it. Peo- Speaker, reclaiming my time, the gen- their profanity, and now, they have ple resent it. Now they want to know tleman is making such an enormously outdone them tenfold by spreading what it is the Committee on the Judi- important point, and the reason why thousands of pages of salacious, ob- ciary is going to do now that, accord- that point is so important is because as scene, pornographic material, for no ing to the independent counsel statute, the gentleman will recall yesterday in purpose. This is not the Committee on Mr. Starr has referred the matter to committee, and the gentleman elo- the Judiciary’s finding, these are mere- the Speaker who has, in turn, referred quently challenged in a constitutional ly allegations which were not even nec- it to the Committee on the Judiciary. manner Mr. Shipper’s presentation, for essary to support whatever conclusions So yesterday we met to discuss what it was a recounting, of course, of the the Office of Independent Counsel came it is we should do, the Committee on report of Mr. Starr, Mr. Shipper being to. the Judiciary, on a vote, in which all of the counsel for the Republicans, to be Mr. Speaker, I go back to an observa- the Republicans voted to move forward able to make such a report, and as I tion by our friend, the gentleman from on a resolution recommending an in- said, to leap from that point to conclu- California (Mr. BERMAN) who said that quiry that is glaringly deficient in one sions when there had not been any in- whatever the Rules of Procedure are major aspect. The resolution does not tervening definition of constitutional that we adopt, our first order of busi- call for a threshold decision to be made offenses that would warrant impeach- ness should be to resolve, if the events that describes what the grounds and and allegations portrayed in the Starr standards for impeachment should be, ment, and I cite for the gentleman report, rise to the level of an impeach- and this is still left to be determined. issues that the Republicans’ counsel In other words, as the gentlewoman seemed to emphasize: Lying and con- able offense. Now, not only do lawyers and con- from Texas and the gentleman from spiracy. stitutional authorities agree, but com- California (Mr. BERMAN) noted during ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE mon sense and American citizens would the committee, and I quote him, ‘‘The The SPEAKER pro tempore (Mr. think that we would take that simple majority party has an obligation to BRADY of Texas). The gentlewoman will precaution before we rush to vote out recognize that high crimes and mis- suspend. demeanors has a meaning. It was not The Chair will remind Members to and recommend to this House, which just carelessly flung into the Constitu- abstain from language that is person- will vote on Friday of this week, an in- tion. And at Article II Section 4, it is ally offensive toward the President, in- quiry of impeachment without ever described that an impeachment pro- cluding references to various types of having one instruction about what is ceeding is an appropriate act for the unethical behavior and references to this great constitutional language, President, the Vice President, and alleged criminal conduct. high crimes and misdemeanors, the other certain high officials when there Ms. JACKSON-LEE of Texas. Mr. only thing in which these allegations is involved treason, embezzlement, and Speaker, as the gentleman well knows, can apply. Is perjury an impeachable other high crimes and misdemeanors.’’ these issues that were being discussed, offense? Well, I am not sure. Is lying an there was contravening documentation impeachable offense? I doubt it seri- Well, not even Mr. BARR has suggested that treason is involved. which was not presented in the report ously. Fortunately, Members of Con- given. I think those speak, in particu- gress are not subject to impeachment b 2015 lar, to whether or not we have been proceedings, or the whole legislative No one has suggested that embezzle- able to look at this matter in fullness. branch of government could be brought ment is involved. So the question that We have just noted that we cannot to a standstill, possibly. Is concealing a gripped our full committee is, are there even discuss these matters on the floor personal affair an impeachable act? other high crimes and misdemeanors? of the House out of respect for the ex- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Now, note the Founding Fathers’ ecutive. Frankly, tragically, these The SPEAKER pro tempore. If the phrasing: Treason, embezzlement, and matters were spread across the land, gentleman will kindly suspend, again, other high crimes and misdemeanors. but the executive had no ability to re- the Chair reminds Members to abstain So treason is a high crime and mis- spond. from references to various types of un- demeanor, embezzlement is a high Mr. CONYERS. Mr. Speaker, if the ethical behavior and alleged criminal crime and misdemeanor. But they said gentlewoman will yield, this begins to conduct. there are others. further outline the travesty. Every The gentleman is recognized. H9674 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Mr. CONYERS. Mr. Speaker, may I woman from Texas and thank her very CONSTITUTIONAL ISSUES REGARDING respectfully point out that I did not at- much for her important contribution. IMPEACHMENT tribute that to the President of the Ms. JACKSON-LEE of Texas. Mr. Ms. JACKSON-LEE. I thank the gen- United States. Speaker, I thank the ranking member tleman from New York for his very fine Now, we have the report. The Starr of the Committee on the Judiciary kindness. What I wanted to emphasize report is not only a matter of public very much, as I notice his very elo- is I started out this evening by offering record, it is a matter of congressional quent recounting of where we are. I see a constitutional explanation as to notice. my good friend from New York on the where we are. And so I wanted to put I am a little bit at a loss as to why floor of the House. I am hoping that we into the RECORD the noted words of the I cannot refer to what is in the govern- will be able to conclude this within a legal scholar from Yale University, ment report that probably the gen- few more minutes. Professor Charles Black. And I want to tleman voted for to have released, and But let me just speak to where we pick up on what the very fine gen- now is telling me and suggesting that are as we started out constitutionally. tleman from Detroit, Michigan (Mr. there is something inappropriate about I argued the case that we are attempt- CONYERS), the ranking member, has so me discussing it on the floor of the ing to frame this in a constitutional eloquently emphasized. That Ameri- House. manner. The gentleman has made a cans are asking us to get a handle on We are not the children of America. very valid point. If any distinction can this. Republican colleagues are asking The SPEAKER pro tempore. If the be made, what we are talking about is us to get a handle on this. And we can gentleman will suspend, the Chair one, we have alleged facts, but we have do this if we collaborate. would remind the Members that the no constitutional standards. On Friday Charles Black says to us: In the House rules regarding proper decorum or Thursday, we will present to this English practice, from which the fram- in debate were announced to the House House a resolution by a chairman who ers borrowed the phrase, ‘‘high crimes earlier on September 10. Both the has already said, the gentleman from and misdemeanors’’ denoted political Speaker and the minority leader, in Illinois (Mr. HYDE), that he too would offenses, the critical element of which concurrence, supported this announce- like to see this end before January was injury to the state. Impeachment ment. It said: 1999, but yet, the resolution will now be was meant to address public offenses When an impeachment matter is not pend- an open-ended, anything-goes, White- committed by public officials in viola- ing on the floor, a Member who feels a need water, Filegate, Travelgate, allega- tion of the public trust and duties. Be- to dwell on personal factual bases underlying tions against Mr. Foster, as well as the cause Presidential impeachment in- the rationale in which he might question the Monica Lewinsky-Gate, and no defini- validates the will of the American peo- fitness or competence of an incumbent presi- ple, it was designed to be justified for tive time in which we would finish. dent must do so in other forums, while con- the gravest wrongs, offenses against forming his or her remarks in debate to the Mr. CONYERS. Mr. Speaker, will the gentlewoman yield? the Constitution itself. In short, only more rigorous standard of decorum that serious assaults on the integrity of the must prevail in this Chamber. Ms. JACKSON-LEE. I yield to the gentleman from Michigan. processes of government and such With that understanding, the Chair crimes as would so stain a President as will recognize the gentleman. Mr. CONYERS. Mr. Speaker, I just want to tell the gentlewoman that the to make his continuance in office dan- Mr. CONYERS. Mr. Speaker, may I gerous to the public order. inquire respectfully of the Speaker, Speaker of the House has said just the opposite. He has said that this might Mr. Speaker, this is the reach that may we refer to the Starr report re- we should be reaching to understand ferred to the Congress of the United go into the millennium. In other words, he has no intentions of working with whether Mr. Starr has presented any- States? thing of substance to this committee. the Committee on the Judiciary to The SPEAKER pro tempore. In gen- Not the reach in 24 hours to Thursday bring this to a reasonable close within eral terms, yes. to an impeachment inquiry with no the end of the year. I thank the gentle- Mr. CONYERS. In general terms, yes. standards and, might I say, one meet- woman for yielding yet again. And may we quote from the Starr re- ing that would warrant the determina- port referred to the House of Rep- Ms. JACKSON-LEE of Texas. Mr. Speaker, as we look at that point, and tion of constitutional standards that resentatives? we now understand may be set by the the gentleman is very right, we are The SPEAKER pro tempore. Sir, de- chairman. faced with the dismal lacking of pres- pending upon the exact verbiage being As I finish, let me simply say there is referenced, yes. entation by constitutional scholars much to say here about how we pro- Mr. CONYERS. Mr. Speaker, in other who have said to us that high crimes ceed, but I certainly hope as we engage words, we can talk about it in the Com- and misdemeanors denote for the in this debate that we engage in it not mittee on the Judiciary, Mr. Starr can Founding Fathers the critical element classifying people for their party affili- dump it into the public domain; but on of injury to the State. It was public ation, for what part of the country the floor of the Congress it is not and not private. they may have come from, but for discussable because of what? I am So we are leaping now to the floor of nothing more than preserving this Con- sorry, I do not follow the distinguished the House on Thursday to present an stitution. Speaker’s logic. impeachment inquiry vote, quite con- I hope that everyone will perceive The SPEAKER pro tempore. If the trary to Watergate, by doing so with no this as an American issue, attacking gentleman will suspend, the difference limitations and, of course, on the the very sovereignty of this Nation. is what the specific reference is, and issues of a private incident. And might I simply say that there were whether an impeachment resolution is I understand the Speaker is gaveling many voices on this committee that actually pending. The House rules re- me. Might I turn to my good colleague, joined the gentleman from Michigan in garding proper debate are well estab- because we have much to say to con- 1974, many fine persons; Father Drinan, lished and cooperation is expected of clude. in fact, who has written articles to sug- all Members. f gest that his experience shows no im- The gentleman may continue. b 2030 peachable offenses. And he admitted Mr. CONYERS. I thank the Speaker, that he raised the Cambodian issue and and I will not talk about the Starr re- ISSUES SURROUNDING THE that the committee in its goodwill in port anymore, because nobody knows IMPEACHMENT PROCEEDINGS 1974 refused to put that as an article of what is in the Starr report; nobody The SPEAKER pro tempore (Mr. impeachment. They refused to put the knows about how disgusting it has been BRADY of Texas). Under the Speaker’s tax evasion that was alleged as an arti- to many Americans; nobody knows announced policy of January 7, 1997, cle of impeachment. what the allegations are, and we do not the gentleman from New York (Mr. Mr. Speaker, might I just offer the want to talk about it in advance for OWENS) is recognized for 60 minutes. words of my predecessor, Barbara Jor- any reason. Mr. OWENS. Mr. Speaker, I yield to dan. Many would want to say how she So I, with great reluctance, return the gentlewoman from Texas (Ms. would be handling these events. I the balance of time to the gentle- JACKSON-LEE) for her conclusion. would offer to say her words exactly: October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9675 Today I am an inquisitor. I believe hyper- Our problem is that we are trapped The procedure goes forward despite bole would not be fictional and would not by the will of the majority. The pin- the fact that the American people and overstate the solemnness that I feel right nacle of global leadership, the set of their common sense have a different now. My faith in the Constitution is whole, opinion. Obviously, it does not agree it is complete, it is total. I am not going to profound priorities which we should be sit here and be an idle spectator to the dimi- addressing have been overwhelmed and with the intensity we feel about cer- nution, the subversion, the destruction of smothered by a blanket of trivialities tain things that are being set forth the Constitution. and diversions which the majority here. What we are doing represents an She herself noted by quoting the Fed- wishes to expand and continue indefi- insult to the intelligence. It is con- eral papers that impeachment is lim- nitely. tempt for the common sense. Polls are ited to high crimes and misdemeanors, We are supposed to adjourn at the not supposed to govern us, but I think and discounted and opposed the term end of this week. I suppose it might be we ought to pay attention as Members ‘‘maladministration.’’ It is to be used some kind of recess instead of the of Congress to the flood of mail, the only for great misdemeanors, as she usual adjournment process. But as of calls, e-mail. quoted from the North Carolina Ratifi- Sunday, we will be no longer focused It is very interesting, my district is cation Convention. on the business, the routine business of unfortunately a district where I have We must be reminded that we have a the 105th Congress. always had a problem of turnout for constitutional obligation to not be idle We have the appropriations process votes. The number of people who are spectators and not to see the destruc- that has been stalled, and only two ap- registered never turn out more than 50, tion of the Constitution and a subver- propriations bills have been taken 55 percent. It is a great problem, and I sion of the Constitution. If that is what through the entire process. We are have labored with it for years. And it my Republican friends are alleging going to have a monstrous continuing has gotten worse really over the last against the President of the United resolution which cannot do the busi- few years, the number of people who States, the executive, then they must ness of the Nation and focus on the pri- bother to come out to vote. And we prove it. They cannot prove it unless orities as we should. We have a focus conclude that it is because they are so we proceed in an orderly, fair manner, instead on the Committee on the Judi- disappointed because of the fact that so confined to what was referred; not a ciary, which will absorb the time and much that is promised and so much fishing expedition, and certainly with- attention of not only the people here in that is needed never happens. In my district, we have a large num- in a reasonable time frame to under- Congress, but the whole American pub- ber of schools that still have coal-burn- stand what the Constitution says in lic. order to match that with the allega- An impeachment is a serious matter. ing furnaces. That has been the case for years and years, and I have been in tions. It is always serious, whether it is an office for quite a number of years, and I am not sure the time has gone, but impeachment that is based on sound I have been highlighting the fact and if the ranking member wants to finish, reasons. If there really are some im- working hard to try to make some- I am willing if the gentleman from New peachable offenses, it would be serious thing happen. But the coal-burning fur- York (Mr. OWENS) would yield to him. then. It is serious even if we go forward naces are still there. We have 275 in the This is wholly important. I am fright- with the impeachment process and we whole city and a hundred in the bor- ened by the prospect of what we are do not have reasons for impeachment. ough of Brooklyn and 20 or 25 in my about to proceed with and how we are There are no impeachable offenses. congressional district. They are still handling it. Either way, it is still serious. The there. Mr. OWENS. Mr. Speaker, I yield to time and the attention to be put into it the gentleman from Michigan (Mr. So I assume people are discouraged is the same. The diversion of the deci- CONYERS). that nothing is happening. Unemploy- sion-making powers away from more Mr. CONYERS. Mr. Speaker, I merely ment has always been high in my dis- wanted to comment on the continuing serious matters is the same. The divi- trict, and it is still high. It is true that brilliance of the gentlewoman from sions within the American public are as a result of the improvement in the Texas. She is a respected lawyer, an ex- likely to be the same. I think we have economy, unemployment has gone perienced litigator, a proven public a procedure here that is without prece- down, employment has gone up, and servant, and she makes me proud of the dent. The Founding Fathers would people are grateful for that, I am sure. fact that she is currently sitting as a have never dreamed of our being in this But I assume by that lower turnout member of the Committee on the Judi- kind of predicament. We have an in- that they have lost faith and they are ciary of the House of Representatives. I tensely partisan impeachment proce- not coming out because that problem thank the gentleman from New York dure going forward, an impeachment was not being solved. for yielding. procedure based on personal blunders. But, Mr. Speaker, they are, in my Ms. JACKSON-LEE. Mr. Speaker, I The three Ps, partisan, personal. And district, concerned about what is hap- thank the gentleman for yielding. finally we have an impeachment proce- pening here with the process of im- CONGRESS HAS MORE IMPORTANT BUSINESS TO dure that has been made pornographic peachment. I have a flood of mail, un- CONSIDER by the release of certain kinds of infor- precedented. I have a flood of phone Mr. OWENS. Mr. Speaker, I thank mation it is highly unusual for govern- calls. I have a great amount of e-mail. both of my colleagues from the Com- ment documents to be concerned with. It contradicts the theory that I formu- mittee on the Judiciary and congratu- So, we are going down, down, down lated in my own head that people have late them on the magnificent job that into a bottomless pit, and it seems to given up on government, that hope has they are doing. I am certain they are me that somebody ought to seek to try been abandoned. Obviously, they have not here tonight because they want to to get us out of this. I hope that better not given up on government. There is be here, but because they feel a sense judgment will prevail and prevail soon, still some basic expectations from gov- of duty to expound and further explain before we go deeper into the pit. ernment that makes them concerned this very grave matter before us. We have a constitutional procedure about what happens with the office of Like the rest of my Democratic col- being used as a camouflage for extre- the Presidency, who is going to occupy leagues, we do not think this is the mism. The Republican credo that ‘‘pol- the White House. They are very con- most important subject in the world. itics is war without blood’’ is underway cerned, very intense, very angry. We are not anxious to be plunged into here. We can see it manifest, war with- I hope that they will translate that the deliberations concerning this im- out blood. That means one goes all out anger into some appropriate conduct, peachment. There are many other mat- to destroy his opponent. Go for the jug- political action. People in my district ters, many other priorities, many other ular. You want to gut the hog. That is want an end to the preoccupation with issues that are far more important. what is driving the process here in personal misbehavior, an end to mag- And the talent and the time and the at- Washington with respect to this im- nifying personal blunders into high tention of people like my two col- peachment procedure. Future genera- crimes and misdemeanors. They can leagues on the Committee on the Judi- tions will look back on us and really be see that there is no bribery or treason ciary we would like to devote to ad- ashamed of the kind of performance involved here. They can see that there dressing those problems. that we are setting forth here. is no conspiracy of note here. H9676 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Conspiracy occurs whenever a group everybody knew about it for a long tion that Americans ought to be asking of people get together to try to accom- time before the Attorney General both- is what is the overwhelming preoccupa- plish a particular end. We can call it a ered to secure the site and make cer- tion of this indispensable Nation? What conspiracy. I looked it up in the dic- tain that evidence was not destroyed. are we doing at this critical moment in tionary to make certain that I was on And we had all kinds of other things history? Can we justify what we are sound ground. Any kind of action that took place with respect to Iran- doing in terms of what is at stake at taken by a group of people, a set of contra. It was a conspiracy. That is one this particular moment? plans made by a group of people to ac- kind of a conspiracy. There are serious matters related to complish a certain end is a conspiracy. We had a conspiracy when Benedict race relations, and the President had There are good conspiracies and bad Arnold betrayed his own revolutionary the vision to appoint a Race Relations conspiracies. Unlawful conspiracies, I army forces. He was a magnificent gen- Commission. That Commission, in the suppose is what is meant by the coun- eral, who had really performed quite final days of its deliberations, was to- sel for the Committee on the Judiciary well in the Revolutionary War on the tally ignored. Its report came out. I majority yesterday when he added con- side of the colonies, but he was upset have already, on this floor previously, spiracy as a charge. Yes, I suppose he and bitter and, for whatever reason, he criticized that report as being weak in can find evidence of a conspiracy. decided to sell out. That was a conspir- spirit. It represents tiny spirit, in that There are all kinds of conspiracies, as I acy, too. Probably, unlike the peanut the people who were there had a golden said before. butter conspiracy, which had no seri- opportunity. The President never intended for it When I was much younger, before I ous repercussions, it could have had to solve major problems, but it was a even became a teenager, I had a great the greatest of repercussions. If Bene- golden opportunity to make a state- love for peanut butter, and we were dict Arnold had succeeded and not been ment about the profundity of the race very poor. With a family of seven and discovered, it could have meant the end relations problem in America. The race the father is on minimum wage, you of the Revolutionary War. It could have been a blow that changed history question, the race problem, racism in are very poor, and you have to stretch politics, demagogueing the race issue in a thousand ways to survive. Peanut entirely. So the consequences of Benedict is a major issue in American politics. butter was very important. Peanut Arnold’s conspiracy were much more It sets up a situation where people who butter was not a snack food in my serious than the consequences of the should have common interests are di- house. It was the food that my mother peanut butter jar conspiracy, or even vided. It is part of a divide-and-conquer put in our lunches. Peanut butter with the consequences of the Iran-contra strategy which is seriously affecting crackers is good because the bread does conspiracy. Iran-contra, if we had pur- the ability of the Nation to govern not get soggy. And if you use graham sued it with vigor and had a special itself. We let race issues get in the crackers instead of regular crackers, it prosecutor who cared about what he way. becomes a combination entree and des- was doing, as much as some others George Wallace, who recently died, sert. lately care, it would have been clearly and some people have sort of chosen to It was a big deal. She had a big jar of a situation where we would have had forget what he did in American poli- peanut butter that she used for our an identification of a conspiracy. tics, he took the race issue, the lunches, and we could not raid the jar But would that conspiracy have mer- demagogueing of the race issue, and for snacks. Well, my siblings and I, we ited an impeachment proceeding? I do made it a fine art that many unscrupu- had a great love for peanut butter, so not think so. I think it would have lous politicians could later never ig- we conspired. The peanut butter was on been very embarrassing, very serious, nore. There was a time when both the a shelf at the top of the cabinet, and we but the country was not placed at risk. Republican Party and the Democratic learned very early that if we would go The country’s policy was violated, laws party, certainly at the national level, in the center of the jar to get our pea- were disobeyed, felonies were commit- refused to tolerate on the floor of their nut butter out and not scrape the sides, ted, but I still think, as serious as Iran- conventions and in their deliberations our mother could not tell that we raid- contra was, it probably would not have open and blatant racist proposals. ed the jar unless she was very observ- merited impeachment. It was not Bene- There was a time when they would not ant. dict Arnold, engaged in an activity accept it. Even though the Democrats So, together we could quickly get on which could have brought the country had to wrestle with holding together a chair and get the jar down, scoop out down. It certainly was not the peanut the coalition of southerners and north- a good scoop from the middle, and get butter conspiracy. erners, there was a kind of respectabil- away with spreading it and getting out What happened at the White House ity that prevailed; that did not go into of there. It took three of us to do it. It with respect to the personal blunders certain areas. That all ended with was a conspiracy. there I will let others place on that George Wallace, and people started to The ‘‘peanut butter conspiracy’’ is continuum from the peanut conspiracy follow in his footsteps. not equal to the conspiracy that took on one the hand to Benedict Arnold on Richard Nixon followed in his foot- place in the basement of the White the other. What happened at the White steps with his southern strategy. When House with respect to Iran-Contra. House, I will let others place it some- Ronald Reagan got ready to run for of- b 2045 where there and tell me if we have an fice, he went to Philadelphia, Mis- impeachable offense. sissippi, the site of the killing of In the basement of the White House What the problem is here, and I do Schwerner, Cheney and Goodman. He we had a group of people who were di- not want to go on, because I am certain wanted to send a clear message to the rectly involved in disobeying Congress that most Americans are quite tired of south by going to that awful place and plotting, conspiring, to obliterate listening to the matters which are sur- where that awful set of murders had the will of Congress, to disobey it, to rounding this impeachment process, taken place and launching his cam- secretly sell guns to a power they had the problem is that the people in my paign. So race became, from then on, a declared a hideous enemy. They were district want an end to the preoccupa- major part of the strategy of the Re- going to sell the guns, get the money, tion with personal misbehavior or an publican Party in terms of its divide and use it to fund the Contras in Nica- end to the magnifying of personal blun- and conquer strategy, and it continues ragua against the will of Congress, ders into high crimes and misdemean- to be. after many years of deliberation had ors. But we cannot govern the agenda. So race relations are very important, shown that Congress desired that we We do not set the agenda. We are com- and we have sort of pushed that report take that course of action. So we had a pelled by the majority in control to re- of the Commission off to the side and it conspiracy. main on this topic. But even though we is like it never happened. There was no And when the conspiracy was uncov- are compelled to do that, we have a Commission; there was no report. The ered, finally exposed, there was an- duty to place it in a larger, more ur- Commission itself did not live up to its other conspiracy to help cover it up. gent, and more important context. potential. It at least could have been a They were actually shredding papers in At this critical moment in history, scholarly pronunciation of what is at the basement of the White House, and as we approach the year 2000, the ques- stake with respect to the problem. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9677 At the beginning of the Commission I lated partially with the slave labor of to bail out big banks because they were had said I hoped that they would con- prisoners of Jews and other prisoners too big to fail. Now we have an invest- clude that here is a serious problem during the war is still a part of that ment fund, a hedge fund, that was con- which a Commission, in existence for 12 corporate set of assets. So without sidered too big to fail. Americans, months, or 18 months, cannot resolve, fully admitting it, they have started wake up. We need to take our eyes off but the Commission could set out a se- funds at Volkswagen to compensate for the impeachment proceeding and take ries of other steps that need to be those prisoners and Jews and other a look at the Federal Reserve’s action taken. And one of the steps that should prisoners who can be identified. They with respect to this multibillion dollar be taken is that a set of scholars, made have started, I think $12 million at one hedge fund. American taxpayer money up partially of Nobel prize winners, plant, and since they started it there, is next. should be convened. And with the fi- Volkswagen followed with $12 million. They have used taxpayer money al- nancing of the major foundations in So they are not only apologizing, they ready because we pay the salaries of this country and the rest of the world, are compensating. They are providing the Federal Reserve Bank. The whole that set of scholars should do a thor- reparations. apparatus of the Federal Reserve is a ough study on race relations in the In June of last year, the Pope apolo- government apparatus. So we have al- United States. gized to the Jews for the Catholic ready used the resources of the Amer- And if they do not want to deal with church’s silence during the holocaust. ican government to bail out these big race relations because that is too cur- Last year the Japanese apologized to private multibillion dollar funds. What rent and controversial, at least do a the Comfort Girls in Korea. Apologies comes next? history of slavery and how the legacy are breaking out all over. So why is it b 2100 of slavery has impacted on current race that it is such a horrible thought to What comes next? Which hedge fund relations in this country and in some have the present government of Amer- will next be in trouble and when will other parts of the world. Let us at least ica apologize for the American govern- they start using the taxpayers’ money have a scholarly treatise, a scholarly ment’s historic involvement with slav- to help bail out some of these invest- encyclopedic approach to establishing ery? ment companies that are too big to what the facts are with respect to slav- I really am trying to emphasize the fail? ery and slave trade. Some of us think fact that there is unfinished business By the way, the reason they want to it is the greatest crime ever committed here. We have unfinished business in bail out the hedge fund is because the in the history of mankind. The obliter- several major places which we should hedge fund owes the banks a lot of ation of a set of people, in terms of be addressing in the year 1998 and at money. So we are right back to where their humanity, was at stake, and we the close of this 105th Congress. As we we were with the savings and loan think it deserves that kind of atten- go toward the next century, the year swindle. It is the banks, the banks that tion. 2000, we are going to be greatly crip- are private and do not want anybody to But the race relations report did not pled as a Nation if we do not address interfere with them and their private come out with any kind of proposal to these kind of problems. authority, they are private powers to profoundly continue the exploration of Another set of problems that are ob- govern themselves until they get in the problem. They even backed away vious, and probably less intense emo- trouble. When they get in trouble, our from saying that at least the country tionally, is the mushrooming set of banking system suddenly becomes a so- should, the official government that global economic problems. They are cialist system, where the taxpayers are exists now, should foster an effort to very serious, the problems that are commanded, without anything much to have an apology for slavery. That is a mushrooming around us. We still have say about it, the taxpayers’ representa- horrible thought. Let us not apologize unprecedented prosperity. We have a tives in Congress go forward to devise in America. We have had some polls budget surplus that has been recently schemes to bail out the banks. taken which shows that overwhelm- announced. But consider 10 years ago We are in a situation now where the ingly the American people are against where the Japanese economy was and banks have collapsed in Indonesia, Ma- any apology for slavery. where it is today. We are not invulner- laysia, they are in serious trouble even It is a strange set of conduct when we able, and the things that are happening in Japan. There was an article that ap- consider the fact that apologies are around us already are having an im- peared in today’s New York Times on breaking out all over. Every month pact. the front page that said the banks of there is some new apology. The Swiss There was a multibillion dollar in- Japan are now admitting that the apologizing over and over again for the vestment company, long-term invest- amount of capital they have is far less fact that they swindled the poor refu- ment, I do not have the exact name, than they have represented today. So gees from Germany, Jewish refugees but a multibillion dollar hedge fund, the banks all over the world are col- from Germany, out of great amounts of they called it. I do not understand lapsing and we are concerned with fo- money. They are not only apologizing, what hedge funds are all about, so I cusing on an impeachment procedure they are compensating. They have set will not try to describe it. But the related to personal blunders at the up some funds to restore. hedge fund was of no significance to me White House and an overzealous inves- That is like reparations. That is an- until I heard that an agency of the tigation by the special prosecutor. other word we do not mention in Amer- United States Government, the Federal Where are we, Americans, and what ica with respect to slavery. Repara- Reserve Board, had helped to rescue will our children say when they exam- tions is a terrible dirty word. How dare this private bank. Now, that concerns ine our behavior at this critical point we ask for reparations for 232 years of me greatly. in history? labor that was not paid for. How dare We ought to be concerned about a Let me just conclude by saying, there we make that kind of demand on the precedent being set now, which is simi- is one more set of concerns that I American people today when, after all, lar to what happened with the savings would like to invite you to consider. none of us lived at that time. We are and loan swindle. Not quite exactly, be- We are the indispensable Nation. We not guilty. cause the money used to bail out the are the great global power. We have re- The Germans could say the same hedge fund was private money. The ef- sponsibilities that probably God has thing and the Swiss could say the same fort to organize it was the authority placed on us that no other Nation has. thing. But, recently, the Germans at and the brainpower and the intimida- God has been very generous to us. Our Volkswagen, and Germans at another tion power, I guess, of the Federal Re- beautiful skies and spacious plains and plant, without confessing that they serve. So it is not quite as bad yet as bountiful production of grain and food used slave labor in their plants, the the savings and loan swindle. and natural resources, our long periods slave labor of the Jews and the other In the savings and loan swindle we of peace, all the things that add up to prisoners of war that resulted in an ac- had the American taxpayers, through making our Nation prosperous, we cumulation of wealth, which the allies the Federal Deposit Insurance Corpora- ought to be thankful to God that we allowed them to keep and they contin- tion and an individual who was head of have that, and try to give back some- ued, so that wealth that was accumu- the corporation, taking the initiative thing to this earth which indicates H9678 CONGRESSIONAL RECORD — HOUSE October 6, 1998 that we are grateful, we feel ourselves such great unevenness in the way re- Americans alone spend $8 billion a year blessed and we want to do something sources are distributed? Are human on cosmetics. That is $2 billion more for the rest of the world. We ought to beings, by their very nature cunning, than the estimated annual total needed be concerned. scheming, brainy, crafty animals, are to provide basic education for everyone Let me invite you, take your mind they really going to sit by in three- in the world. Americans spend $8 bil- off the impeachment, take your mind quarters of the world and let one-quar- lion a year on cosmetics, $2 billion off the personal lives of people here in ter of the world have everything indefi- more than the estimated annual total Washington and for a moment consider nitely? Can that go on? Can you deal needed to provide basic education for a report that was done by the United with that? Or should you worry about everybody in the world. Nations Human Development Fund, the whether some future leaders of our Na- The have-nots. Of the 4.4 billion peo- United Nations Human Development tion might seek some kind of final so- ple in developing countries, nearly Report, which every year comes out lution by getting rid of all the have- three-fifths lack access to safe sewers, and looks for new ways to measure the nots instead of trying to make certain a third have no access to clean water, lives of people throughout the world, that the world deals with the problems a quarter do not have adequate hous- what is happening with people. of the have-nots in a different way. ing, and a fifth have no access to mod- This year the report put out by Kofi Let me just read a few of these high- ern health services of any kind. Of the Annan puts aside faceless statistics lights that appeared in the New York 4.4 billion people in developing coun- like the per capita gross domestic Times and think about it. Put aside tries, nearly three-fifths lack access to product or the export-import figures the impeachment characters, the Pey- safe sewers, a third have no access to and puts aside the report, those kinds ton Place scenario, put it aside and clean water, a quarter do not have ade- of things, it burrows into the facts consider what citizens of the indispen- quate housing, and a fifth have no ac- about such things as what are children sable Nation ought to be considering at cess to modern health services of any eating across the world, who goes to this hour in our history. kind. school across the world, whether there The haves. The richest fifth of the Smoke is an interesting topic in this is clean water to drink, how women world’s people consume 86 percent of set of highlights. Of the estimated 2.7 share in the economy, who does not get all goods and services, while the poor- million annual deaths from air pollu- vaccinations against diseases that go est fifth consumes just 1.3 percent. The tion, 2.2 million are from indoor pollu- on killing people even though we know richest fifth of the world’s people con- tion. 2.7 million annual deaths from air how to prevent diseases, even though sumes 86 percent of all goods and serv- pollution. Of that total, 2.2 million are we have vaccinations that prevent the ices while the poorest fifth consumes from indoor pollution, including smoke diseases, they keep going on and kill- just 1.3 percent. Indeed, the richest from dung and wood burned as fuel, ing people because the medicine is not fifth consumes 45 percent of all meat which is more harmful than tobacco available. and fish, 58 percent of all energy used smoke. Eighty percent of the victims This year the report takes its first and 84 percent of all paper. The richest of this kind of death by smoke are look at what people have, from how has 74 percent of all telephone lines, rural poor in developing countries. many people have simple toilets or and owns 87 percent of all vehicles. The Telephone lines. Sweden and the family cars, and what proportion of the richest fifth of the world’s people con- United States have 681 and 626 lines per world’s goods and services are con- sume 86 percent of all goods and serv- 1,000 people respectively. Afghanistan, sumed comparatively by the rich and ices. The ultrarich, the three richest Cambodia, Chad and the Democratic what proportion are consumed by the people in the world have assets that ex- Republic of the Congo have one tele- poor. The report concludes that the pie ceed the combined gross domestic prod- phone line per 1,000 people. is huge. The world’s consumption bill uct of the 48 least developed countries. Ice cream and water. Europeans is $24 trillion a year. Let me repeat The ultrarich, the three richest people, spend $11 billion a year on ice cream— that. The world is consuming $24 tril- three rich individuals in the world, $11 billion a year on ice cream—$2 bil- lion a year worth of resources. But the have assets that exceed the combined lion more than the estimated annual servings that go on from one part of gross domestic product of the 48 least total needed to provide clean water and the world to another are radically dif- developed countries. safe sewers for the world’s population. ferent. Let me repeat. I am summariz- In Africa, the average African house- AIDS. At the end of 1997, over 30 mil- ing from the United Nations Human hold today consumes 20 percent less lion people were living with HIV, with Development Report issued by the head than it did 25 years ago. The average about 16,000 new infections a day, 90 of the United Nations Kofi Annan. I African household consumes 20 percent percent in developing countries. It is could not get the full report in time. It less than it did 25 years ago. There are now estimated that more than 40 mil- was supposed to get here today but it more African households. There is ter- lion people will be living with HIV in was not here, so when I get it, I cer- rible leadership. You cannot blame it the year 2000. tainly, probably next year, want to all on colonialism. Twenty-five years Land mines. More than 110 million quote directly from it, give you the ago colonialism’s remnants were still active land mines are still scattered in pages and tell you where you can get there. People lived better. Has the 68 countries, with an equal number it. I am sure you can get it yourself leadership that has resulted after colo- stockpiled around the world. Every from the United Nations. What I am nialism was ended decreased the stand- month more than 2,000 people are reading from is a summary, a few high- ard of living? Or did resources get killed or maimed by mine explosions. lights. It is not a summary, a few high- pulled out by the colonial powers? In a world where poverty is rampant, lights from the New York Times, the Whatever, the fact is that the average we still are spending large amounts of Sunday Times of September 27 of this African household now is living much money on weapons, and land mines is year, 1998. The New York Times had a worse. They consume 20 percent less one of the most devastating spread set of highlights with a few photo- than they did 25 years ago. throughout the entire world. graphs. I am going to read a few of Consider the fact that the world’s 225 Pet food and health. Consider the those so that you can come back to richest individuals, of whom 60 are fact that Americans and Europeans where we ought to be in this world, on Americans, with total assets of $311 bil- combined spend $17 billion a year on this planet earth, where we as the in- lion, have a combined wealth of over $1 pet food, $4 billion more than the esti- dispensable Nation, the most fortunate trillion, equal to the annual income of mated annual total needed to provide Nation that has ever existed in the his- the poorest 47 percent of the entire basic health and nutrition for everyone tory of the world, where we ought to be world’s population. Let me repeat that. in the world. $17 billion a year spent on contemplating what we can do about The world’s 225 richest individuals, of pet food by Americans and Europeans. these problems and where we are here, whom 60 are Americans, with total as- That is $4 billion more than we need to how does it affect the future existence sets of $311 billion, have a combined provide basic health and nutrition for of our children. Are our children going wealth of over $1 trillion, equal to the everyone in the world. to be able to survive in a world where annual income of the poorest 47 per- I am reading from highlights of the there are such gross injustices and cent of the entire world’s population. United Nations Human Development October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9679 Report. These highlights appeared in destiny. We have a duty to see to it yet the Department of Labor says that the New York Times on September 27 that the distribution of these resources the shortage will be even worse. Five of this year. I will close with the last should take place in some kind of way years from now we are talking about one of the highlights. I want to leave to relieve all this massive suffering. more than 1 million, 1.5 million vacan- this with you to consider over again One thing about God is that He is not cies that exist. and I will repeat it, I assure you, in the a dictator, He is not a tyrant. God does So this is not a luxury, this is not a next few years over and over again and not intervene into the affairs of man- hobby. I am talking about a culture update it because it sums things up in kind. What a pity that He is not set- that is being created. a very dramatic way. $40 billion a year, ting the order and forcing the distribu- You know, when the automobile was the key figure, $40 billion a year. Re- tion. What a pity that He has so much being developed, I suppose all the member, our defense budget is more stake in the free will of mankind. What schools in America looked at the auto- than $250 billion a year. $40 billion a a pity that He blesses certain nations mobile and said, do not teach any kids year. It is estimated that the addi- at different times in history, and He about auto mechanics. I mean, you tional cost of achieving and maintain- waits for them to follow through. know, that is a luxury, this is a play- ing universal access to basic education The Roman Empire once commanded thing. You know, the automobile has a for all, basic health care for all, repro- all the known world. China commanded place in our culture which provides millions of jobs from the engineers ductive health care for all women, ade- the world that the Romans did not that produce them, the workers in the quate food for all and clean water and know much about. Those empires did factory, the salesmen, the mechanics; safe sewers for all is roughly $40 billion not, the leadership did not behave in you know, from A to Z people who have a year, or less than 4 percent of the ways which spread the benefits of their high school education, some who do combined wealth of the 225 richest peo- empires and guaranteed that they not have a high school education, all ple in the world. I repeat. It is esti- would continue. kinds of people are employed in the mated that the additional cost of We are in the same position, probably automobile industry. The computer in- achieving and maintaining universal more so than the Roman or the Chinese dustry will be the same in a very few access to basic education for all, basic ever were. We are the indispensable Na- tion now abandoning our responsibil- years. It is moving, mushrooming, at a health care for all, reproductive health much more rapid rate than the auto- care for all women, adequate food for ities. We have an indispensable Nation that chooses to turn away even from mobile industry was built, and that has all and clean water and safe sewers for implications for the whole world and all is roughly $40 billion a year, less domestic matters which have an im- pact on the rest of the world. all of these problems throughout the than 4 percent of the combined wealth world. You can educate the whole of the 225 richest people in the world. If we were to educate our own popu- lous, guarantee that every youngster world if you were to computerize cen- b 2115 in America had his talents fully devel- ters across the world and you did not Take your mind off the impeachment oped, we would have a priceless re- have to depend on them creating their proceeding, the diversion away from source to send out for the rest of the own teachers, locally first, but you real problems, and consider the fact world. I mean we would be able to deal could have physics and science and that a lot of these statistics have some with these medical problems, we would math and literature, whatever you implication even in America where be able to deal with the education want, piped in by long distance learn- people are not getting the appropriate problems, the sewer problems, the var- ing. You could do it in a matter of 10 or health care. More than 10 million peo- ious problems. We alone have enough 20 years using the technologies that are now placed at our disposal by the ple are not getting or have no health resources, human resources, if they computers and the Internet. You know, care coverage. Take your mind off and were fully developed, if we would just you could revolutionize the way the consider the fact that large amounts of use our resources to develop our own. children still go hungry, even in Amer- I often talk about computers and world takes care of itself. All of that is possible, you know, if ica. Take your mind off the impeach- technology in the schools, and back in you focus first on educating your own ment procedures and the trivialities re- my district people say that, well, you population. lated to it, and consider the fact that know, we think you have become some You know, school construction we are not focused on problems that kind of aficionado of computers. You makes it possible for you to have build- could be solved. lost your bearing in terms of the im- ings that can be wired, hopefully, for The most important thing about portance of technology in the schools. computers and be wired for the Inter- these highlights of the United Nations And my answer is that when I talk net. The E-rate, which was a magnifi- report is that they tell us that the about computers, I am not an aficio- cent stroke by Congress requiring that problems of the world are soluble with nado. I do not even know how to handle the FCC come up with a plan for pro- the resources that we have available in my E-mail well. I mean I assure you viding discounted services to schools, the world right now. The doomsayers nothing personal about it, computers that is about to go down the drain be- who said that the overpopulation of the are the way of the future. Just as the cause of the fact that some very nar- world would guarantee that it would be automobile created a whole culture, row-minded, tinny-spirited people, impossible for everybody to survive, computers are creating a whole culture greedy people will not go forward and they are not correct. You can use $40 for America and for the rest of the let the E-rate provide the discounts to billion a year and provide for the sur- world. the schools that they should provide. vival and a decent life for all the peo- When I talk about computers, I am We are the indispensable Nation with ple of the world, just $40 billion distrib- not talking about a plaything or a lux- tinny minds, major experience, and at uted in some kind of intelligent way. ury. I am talking about putting com- a points where we could revolutionize Indeed, you know, never blame God puters in schools so that every child and turn the world on its axis and for the travails of mankind. You know, has the exposure as early as possible to move it in a new direction. We refuse God has put on this earth a bountiful computer literacy, computer learning, to do it. supply of resources, food, energy. You because that is the way the world is The present quagmire. In the present know, it is all here. You know, when going, that is where the jobs are going quagmire our only hope is to accelerate you consider the fact that so much is to be. That is definitely where the jobs the timetable and move out of the mud being wasted, all you have to do is take are going to be. back to a set of priorities worthy of it and distribute it a different way. Already we have a shortage, and we this indispensable Nation. We either God must spend many days weeping had on the floor of this House a bill move back to a set of priorities worthy about the ingratitude of the American which tried to solve the immediate of a Nation, or we can be plunged deep- leadership of his Earth, of this planet. problem of the shortage of computer er down. We go into the pit with Larry What other Nation at any time in his- information technology working by Flynt who put an advertisement in the tory has enjoyed so many benefits, bringing in foreigners. We are going to Washington Post calling, offering a been so blessed by God, and yet we bring in 90,000 per year and increase million dollars for anybody who has in- trivialize our role, and we ignore our that up over the next few years, and formation about an illicit affair with a H9680 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Congressman or any other member of TITLE I—SCHOOL LUNCH AND RELATED food safety inspection conducted by a State or the government. That is the direction PROGRAMS local governmental agency responsible for food safety inspections. which leads to total chaos, but that is Sec. 101. Provision of commodities. Sec. 102. Nutritional and other program re- ‘‘(2) EXCEPTION.—Paragraph (1) shall not the downhill motion that we are now quirements. apply to a school if a food safety inspection of in. That is the direction we are going. Sec. 103. Special assistance. the school is required by a State or local govern- Let us not sink deeper into the quag- Sec. 104. Miscellaneous provisions and defini- mental agency responsible for food safety in- spections.’’. mire, but instead move rapidly. tions. Sec. 105. Summer food service program for (d) SINGLE PERMANENT AGREEMENT BETWEEN We are into an impeachment process. children. STATE AGENCY AND SCHOOL FOOD AUTHORITY; The committee has voted, the Commit- Sec. 106. Commodity distribution program. COMMON CLAIMS FORM.—Section 9 of the Na- Sec. 107. Child and adult care food program. tional School Lunch Act (42 U.S.C. 1758), as tee on the Judiciary. The only way out amended by subsection (c), is further amended is to accelerate the timetable, move it, Sec. 108. Meal supplements for children in afterschool care. by adding at the end the following: get out of the mud, get back to a con- Sec. 109. Pilot projects. ‘‘(i) SINGLE PERMANENT AGREEMENT BETWEEN templation of the real problems that Sec. 110. Training, technical assistance, and STATE AGENCY AND SCHOOL FOOD AUTHORITY; food service management institute. COMMON CLAIMS FORM.— matter most to America, to most of ‘‘(1) IN GENERAL.—If a single State agency ad- Sec. 111. Compliance and accountability. our people. Listen to the American ministers any combination of the school lunch Sec. 112. Information clearinghouse. program under this Act, the school breakfast people and their common sense. Listen Sec. 113. Accommodation of the special die- program under section 4 of the Child Nutrition to the American people instead of hav- tary needs of individuals with disabilities. Act of 1966 (42 U.S.C. 1773), the summer food ing contempt for them. Their intel- TITLE II—SCHOOL BREAKFAST AND service program for children under section 13 of ligence has risen to the occasion. Our RELATED PROGRAMS this Act, or the child and adult care food pro- democracy can be saved if you listen to Sec. 201. School breakfast program authoriza- gram under section 17 of this Act, the agency the American people, their sense of tion. shall— Sec. 202. State administrative expenses. ‘‘(A) require each school food authority to balance and justice. Sec. 203. Special supplemental nutrition pro- submit to the State agency a single agreement Get out of the quagmire and back to gram for women, infants, and children. with respect to the operation by the authority of the business of the indispensable Na- Sec. 204. Nutrition education and training. the programs administered by the State agency; and tion. TITLE III—COMMODITY DISTRIBUTION PROGRAMS ‘‘(B) use a common claims form with respect to meals and supplements served under the pro- Sec. 301. Information from recipient agencies. f grams administered by the State agency. Sec. 302. Food distribution. ‘‘(2) ADDITIONAL REQUIREMENT.—The agree- TITLE IV—EFFECTIVE DATE ment described in paragraph (1)(A) shall be a CONFERENCE REPORT ON H.R. 3874 Sec. 401. Effective date. permanent agreement that may be amended as Mr. GOODLING submitted the fol- TITLE I—SCHOOL LUNCH AND RELATED necessary.’’. PROGRAMS SEC. 103. SPECIAL ASSISTANCE. lowing conference report and state- (a) SCHOOL ELIGIBILITY REQUIREMENTS FOR SEC. 101. PROVISION OF COMMODITIES. ment on the bill (H.R. 3874), to amend PAYMENTS.—Section 11(a)(1) of the National the National School Lunch Act and the (a) IN GENERAL.—Section 6 of the National School Lunch Act (42 U.S.C. 1759a(a)(1)) is School Lunch Act (42 U.S.C. 1755) is amended— Child Nutrition Act of 1966 to provide amended— (1) by striking subsections (c) and (d); and (1) in subparagraph (C)— children with increased access to food (2) by redesignating subsections (e), (f), and (A) in clause (i)(I), by striking ‘‘3 successive and nutrition assistance, to simplify (g) as subsections (c), (d), and (e), respectively. school years’’ each place it appears and insert- program operations and improve pro- (b) CONFORMING AMENDMENTS.—The National ing ‘‘4 successive school years’’; and School Lunch Act is amended by striking ‘‘sec- gram management, to extend certain (B) in clauses (ii) and (iii), by striking ‘‘3- tion 6(e)’’ each place it appears in sections 14(f), school-year period’’ each place it appears and authorities contained in those Acts 16(a), and 17(h)(1)(B) (42 U.S.C. 1762a(f), inserting ‘‘4-school-year period’’; through fiscal year 2003, and for other 1765(a), 1766(h)(1)(B)) and inserting ‘‘section (2) in subparagraph (D)— purposes; 6(c)’’. (A) in clause (i)— SEC. 102. NUTRITIONAL AND OTHER PROGRAM (i) by striking ‘‘3-school-year period’’ each CONFERENCE REPORT (H. REPT. 105–786) REQUIREMENTS. place it appears and inserting ‘‘4-school-year (a) TECHNICAL AMENDMENTS.—Section 9(f) of period’’; and The committee of conference on the dis- the National School Lunch Act (42 U.S.C. (ii) by striking ‘‘2 school years’’ and inserting agreeing votes of the two Houses on the 1758(f)) is amended— ‘‘4 school years’’; amendment of the Senate to the bill (H.R. (B) in clause (ii)— (1) in paragraph (2), by striking ‘‘subpara- (i) by striking the first sentence; 3874), to amend the National School Lunch graph (A)’’ and inserting ‘‘paragraph (1)’’; and (ii) by striking ‘‘The school’’ and inserting ‘‘A Act and the Child Nutrition Act of 1966 to (2) in paragraphs (3) and (4), by striking ‘‘this school described in clause (i)’’; and provide children with increased access to paragraph’’ each place it appears and inserting (iii) by striking ‘‘5-school-year period’’ each food and nutrition assistance, to simplify ‘‘this subsection’’. place it appears and inserting ‘‘4-school-year program operations and improve program (b) WAIVER OF REQUIREMENT FOR WEIGHTED period’’; and AVERAGES FOR NUTRIENT ANALYSIS.—Section management, to extend certain authorities (C) in clause (iii), by striking ‘‘5-school-year 9(f) of the National School Lunch Act (42 U.S.C. contained in those Acts through fiscal year period’’ and inserting ‘‘4-school-year period’’; 1758(f)) is amended by adding at the end the fol- and 2003, and for other purposes, having met, lowing: (3) in subparagraph (E), by striking clause after full and free conference, have agreed to ‘‘(5) WAIVER OF REQUIREMENT FOR WEIGHTED (iii). recommend and do recommend to their re- AVERAGES FOR NUTRIENT ANALYSIS.—During the (b) ADJUSTMENTS TO PAYMENT RATES.— spective Houses as follows: period ending on September 30, 2003, the Sec- (1) IN GENERAL.—Section 11(a)(3)(B) of the National School Lunch Act (42 U.S.C. That the House recede from its disagree- retary shall not require the use of weighted averages for nutrient analysis of menu items 1759a(a)(3)(B)) is amended— ment to the amendment of the Senate and and foods offered or served as part of a meal of- (A) by striking ‘‘(B) The annual’’ and insert- agree to the same with an amendment as fol- fered or served under the school lunch program ing the following: lows: under this Act or the school breakfast program ‘‘(B) COMPUTATION OF ADJUSTMENT.— In lieu of the matter proposed to be in- under section 4 of the Child Nutrition Act of ‘‘(i) IN GENERAL.—The annual’’; (B) by striking ‘‘Each annual’’ and inserting 1966 (42 U.S.C. 1773).’’. serted by the Senate amendment, insert the the following: (c) REQUIREMENT FOR FOOD SAFETY INSPEC- following: ‘‘(ii) BASIS.—Each annual’’; TIONS.—Section 9 of the National School Lunch (C) by striking ‘‘The adjustments’’ and insert- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Act (42 U.S.C. 1758) is amended by adding at the ing the following: (a) SHORT TITLE.—This Act may be cited as end the following: ‘‘(iii) ROUNDING.— the ‘‘William F. Goodling Child Nutrition Reau- ‘‘(h) FOOD SAFETY INSPECTIONS.— ‘‘(I) THROUGH JUNE 30, 1999.—For the period thorization Act of 1998’’. ‘‘(1) IN GENERAL.—Except as provided in para- ending June 30, 1999, the adjustments’’; and graph (2), a school participating in the school (D) by adding at the end the following: (b) TABLE OF CONTENTS.—The table of con- lunch program under this Act or the school ‘‘(II) JULY 1, 1999, AND THEREAFTER.—On July tents of this Act is as follows: breakfast program under section 4 of the Child 1, 1999, and on each subsequent July 1, the na- Nutrition Act of 1966 (42 U.S.C. 1773) shall, at tional average payment rates for meals and sup- Sec. 1. Short title; table of contents. least once during each school year, obtain a plements shall be adjusted to the nearest lower October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9681

cent increment and shall be based on the SEC. 104. MISCELLANEOUS PROVISIONS AND MENTS.—Section 13 of the National School unrounded amounts for the preceding 12-month DEFINITIONS. Lunch Act (42 U.S.C. 1761) is amended— period.’’. (a) ADJUSTMENTS TO REIMBURSEMENT (1) in subsection (a)(7)(B)— (2) CONFORMING AMENDMENTS.—Section 4(b) RATES.—Section 12(f) of the National School (A) by striking clauses (ii) and (iii); and of the Child Nutrition Act of 1966 (42 U.S.C. Lunch Act (42 U.S.C. 1760(f)) is amended— (B) by redesignating clauses (iv) through (vii) 1773(b)) is amended— (1) by striking ‘‘school breakfasts and as clauses (ii) through (v) respectively; and (A) in the second sentence of paragraph lunches’’ and inserting ‘‘breakfasts, lunches, (2) in subsection (l)— (1)(B), by striking ‘‘adjusted to the nearest one- suppers, and supplements’’; (A) in paragraph (1)— fourth cent,’’; and (2) by striking ‘‘sections 4 and 11’’ and insert- (i) in the first sentence— (B) in paragraph (2)(B)(ii), by striking ‘‘, ing ‘‘sections 4, 11, 13, and 17’’; and (I) by striking ‘‘(other than private nonprofit which shall be adjusted’’ and all that follows (3) by striking ‘‘lunches and breakfasts’’ each organizations eligible under subsection (a)(7))’’; and inserting ‘‘(as adjusted pursuant to section place it appears and inserting ‘‘meals and sup- and 11(a)(3)(B) of the National School Lunch Act (42 plements’’. (II) by striking ‘‘only with food service man- U.S.C 1759a(a)(3)(B))).’’. (b) CRIMINAL PENALTIES.—Section 12(g) of the agement companies registered with the State in (c) INFORMATION AND ASSISTANCE CONCERNING National School Lunch Act (42 U.S.C. 1760(g)) is which they operate’’ and inserting ‘‘with food REIMBURSEMENT OPTIONS.— amended by striking ‘‘$10,000’’ and inserting service management companies’’; and ‘‘$25,000’’. (ii) by striking the last sentence; (1) IN GENERAL.—Section 11 of the National School Lunch Act (42 U.S.C. 1759a) is amended (c) FOOD AND NUTRITION PROJECTS.—Section (B) in paragraph (2)— (i) in the first sentence, by striking ‘‘shall’’ by adding at the end the following: 12(m) of the National School Lunch Act (42 U.S.C. 1760(m)) is amended by striking ‘‘1998’’ and inserting ‘‘may’’; and ‘‘(f) INFORMATION AND ASSISTANCE CONCERN- each place it appears and inserting ‘‘2003’’. (ii) by striking the second and third sentences; ING REIMBURSEMENT OPTIONS.— (d) BUY AMERICAN.—Section 12 of the Na- (C) by striking paragraph (3); and ‘‘(1) IN GENERAL.—From funds made available tional School Lunch Act (42 U.S.C. 1760) is (D) by redesignating paragraphs (4) and (5) as under paragraph (3), the Secretary shall provide amended by adding at the end the following: paragraphs (3) and (4), respectively. grants to not more than 10 State agencies in ‘‘(n) BUY AMERICAN.— (c) OFFER VERSUS SERVE.—Section 13(f)(7) of each of fiscal years 2000 and 2001 to enable the ‘‘(1) DEFINITION OF DOMESTIC COMMODITY OR the National School Lunch Act (42 U.S.C. agencies, in accordance with criteria established PRODUCT.—In this subsection, the term ‘domestic 1761(f)(7)) is amended in the first sentence by by the Secretary, to— commodity or product’ means— striking ‘‘attending a site on school premises op- ‘‘(A) identify separately in a list— ‘‘(A) an agricultural commodity that is pro- erated directly by the authority’’. ‘‘(i) schools that are most likely to benefit duced in the United States; and (d) REAUTHORIZATION OF PROGRAM.—Section from electing to receive special assistance under ‘‘(B) a food product that is processed in the 13(q) of the National School Lunch Act (42 subparagraph (C) or (E) of subsection (a)(1); United States substantially using agricultural U.S.C. 1761(q)) is amended by striking ‘‘1998’’ and commodities that are produced in the United and inserting ‘‘2003’’. ‘‘(ii) schools that may benefit from electing to States. (e) TECHNICAL AMENDMENT.— receive special assistance under subparagraph ‘‘(2) REQUIREMENT.— (1) IN GENERAL.—Section 706(j)(1) of the Per- (C) or (E) of subsection (a)(1); ‘‘(A) IN GENERAL.—Subject to subparagraph sonal Responsibility and Work Opportunity ‘‘(B) make the list of schools identified under (B), the Secretary shall require that a school Reconciliation Act of 1996 (Public Law 104–193; this subsection available to each school district food authority purchase, to the maximum extent 110 Stat. 2293) is amended by striking ‘‘methods within the State and to the public; practicable, domestic commodities or products. of assessing’’ and inserting ‘‘methods for assess- ‘‘(C) provide technical assistance to schools, ‘‘(B) LIMITATIONS.—Subparagraph (A) shall ing’’. or school districts containing the schools, to en- apply only to— (2) EFFECTIVE DATE.—The amendment made able the schools to evaluate and receive special ‘‘(i) a school food authority located in the by paragraph (1) takes effect on January 1, assistance under subparagraph (C) or (E) of contiguous United States; and 1997. subsection (a)(1); ‘‘(ii) a purchase of a domestic commodity or SEC. 106. COMMODITY DISTRIBUTION PROGRAM. ‘‘(D) take any other actions the Secretary de- product for the school lunch program under this Section 14(a) of the National School Lunch termines are consistent with receiving special Act or the school breakfast program under sec- Act (42 U.S.C. 1762a(a)) is amended in the mat- assistance under subparagraph (C) or (E) of tion 4 of the Child Nutrition Act of 1966 (42 ter preceding paragraph (1) by striking ‘‘1998’’ subsection (a)(1) and receiving a grant under U.S.C. 1773). and inserting ‘‘2003’’. this subsection; and ‘‘(3) APPLICABILITY TO HAWAII.—Paragraph SEC. 107. CHILD AND ADULT CARE FOOD PRO- ‘‘(E) as soon as practicable after receipt of the (2)(A) shall apply to a school food authority in GRAM. grant, but not later than September 30, 2001, Hawaii with respect to domestic commodities or (a) ELIGIBILITY OF INSTITUTIONS.—Section take the actions described in subparagraphs (A) products that are produced in Hawaii in suffi- 17(a) of the National School Lunch Act (42 through (D). cient quantities to meet the needs of meals pro- U.S.C. 1766(a)) is amended— ‘‘(2) REPORT.— vided under the school lunch program under (1) in the fourth sentence, by striking ‘‘Reim- ‘‘(A) IN GENERAL.—Not later than January 1, this Act or the school breakfast program under bursement’’ and inserting ‘‘Except as provided 2002, the Secretary shall submit to the Commit- section 4 of the Child Nutrition Act of 1966 (42 in subsection (r), reimbursement’’; and tee on Education and the Workforce of the U.S.C. 1773).’’. (2) in the sixth sentence, by striking para- House of Representatives and the Committee on (e) PROCUREMENT CONTRACTS.—Section 12 of graph (1) and inserting the following: Agriculture, Nutrition and Forestry of the Sen- the National School Lunch Act (42 U.S.C. 1760), ‘‘(1) an institution (except a school or family ate a report on the activities of the State agen- as amended by subsection (d), is further amend- or group day care home sponsoring organiza- cies receiving grants under this subsection. ed by adding at the end the following: tion) or family or group day care home shall— ‘‘(B) CONTENTS.—In the report, the Secretary ‘‘(o) PROCUREMENT CONTRACTS.—In acquiring ‘‘(A)(i) be licensed, or otherwise have ap- shall specify— a good or service for programs under this Act or proval, by the appropriate Federal, State, or ‘‘(i) the number of schools identified as likely the Child Nutrition Act of 1966 (42 U.S.C. 1771 et local licensing authority; or to benefit from electing to receive special assist- seq.) (other than section 17 of that Act (42 ‘‘(ii) be in compliance with appropriate proce- ance under subparagraph (C) or (E) of sub- U.S.C. 1786)), a State, State agency, school, or dures for renewing participation in the program, section (a)(1); school food authority may enter into a contract as prescribed by the Secretary, and not be the ‘‘(ii) the number of schools identified under with a person that has provided specification subject of information possessed by the State in- this subsection that have elected to receive spe- information to the State, State agency, school, dicating that the license of the institution or cial assistance under subparagraph (C) or (E) of or school food authority for use in developing home will not be renewed; subsection (a)(1); and contract specifications for acquiring such good ‘‘(B) if Federal, State, or local licensing or ap- ‘‘(iii) a description of how the funds and tech- or service.’’. proval is not available— nical assistance made available under this sub- SEC. 105. SUMMER FOOD SERVICE PROGRAM FOR ‘‘(i) meet any alternate approval standards es- section have been used. CHILDREN. tablished by the appropriate State or local gov- ‘‘(3) FUNDING.—Out of any moneys in the (a) ESTABLISHMENT OF SITE LIMITATION.—Sec- ernmental agency; or Treasury not otherwise appropriated, the Sec- tion 13(a)(7)(B) of the National School Lunch ‘‘(ii) meet any alternate approval standards retary of the Treasury shall provide to the Sec- Act (42 U.S.C. 1761(a)(7)(B)) is amended by established by the Secretary after consultation retary $2,250,000 for each of fiscal years 2000 striking clause (i) and inserting the following: with the Secretary of Health and Human Serv- and 2001 to carry out this subsection. The Sec- ‘‘(i) operate— ices; or retary shall be entitled to receive the funds and ‘‘(I) not more than 25 sites, with not more ‘‘(C) if the institution provides care to school shall accept the funds, without further appro- than 300 children being served at any 1 site; or children outside of school hours and Federal, priation.’’. ‘‘(II) with a waiver granted by the State agen- State, or local licensing or approval is not re- (2) TECHNICAL AMENDMENTS.—The National cy under standards developed by the Secretary, quired for the institution, meet State or local School Lunch Act is amended in the second sen- with not more than 500 children being served at health and safety standards; and’’. tence of each of sections 21(e)(2)(A) and 26(d) any 1 site;’’. (b) AUTOMATIC ELIGIBILITY FOR EVEN START (42 U.S.C. 1769b–1(e)(2)(A), 1769g(d)) by insert- (b) ELIMINATION OF MEAL CONTRACTING RE- PROGRAM PARTICIPANTS.—Section 17(c)(6) of the ing at the end before the period ‘‘, without fur- STRICTIONS, INDICATION OF INTEREST REQUIRE- National School Lunch Act (42 U.S.C. 1766(c)(6)) ther appropriation’’. MENT, AND VENDOR REGISTRATION REQUIRE- is amended— H9682 CONGRESSIONAL RECORD — HOUSE October 6, 1998

(1) in subparagraph (A), by striking ‘‘(A)’’; ‘‘(2) PARTICIPATION IN CHILD AND ADULT CARE under this section, an emergency shelter shall and FOOD PROGRAM.—An institution may participate comply with applicable State or local health and (2) by striking subparagraph (B). in the program authorized under this section safety standards. (c) PERIODIC SITE VISITS.—Section 17(d) of the only if the institution provides supplements ‘‘(5) MEAL OR SUPPLEMENT REIMBURSEMENT.— National School Lunch Act (42 U.S.C. 1766(d)) is under a program— ‘‘(A) LIMITATIONS.—An emergency shelter may amended— ‘‘(A) organized primarily to provide care to at- claim reimbursement under this subsection— (1) in the second sentence of paragraph (1), by risk school children during after-school hours, ‘‘(i) only for a meal or supplement served to inserting after ‘‘if it’’ the following: ‘‘has been weekends, or holidays during the regular school children residing at an emergency shelter, if the visited by a State agency prior to approval and year; and children are— it’’; and ‘‘(B) with an educational or enrichment pur- ‘‘(I) not more than 12 years of age; (2) in paragraph (2)(A)— pose. ‘‘(II) children of migrant workers, if the chil- (A) by striking ‘‘that allows’’ and inserting ‘‘(3) ADMINISTRATION.—Except as otherwise dren are not more than 15 years of age; or ‘‘that— provided in this subsection, the other provisions ‘‘(III) children with disabilities; and ‘‘(i) allows’’; of this section apply to an institution described ‘‘(ii) for not more than 3 meals, or 2 meals and (B) by striking the period at the end and in- in paragraph (2). a supplement, per child per day. ‘‘(B) RATE.—A meal or supplement eligible for serting ‘‘; and’’; and ‘‘(4) SUPPLEMENT REIMBURSEMENT.— (C) by adding at the end the following: ‘‘(A) LIMITATIONS.—An institution may claim reimbursement shall be reimbursed at the rate at ‘‘(ii) requires periodic site visits to private in- reimbursement under this subsection only for— which free meals and supplements are reim- stitutions that the State agency determines have ‘‘(i) a supplement served under a program or- bursed under subsection (c). a high probability of program abuse.’’. ganized primarily to provide care to at-risk ‘‘(C) NO CHARGE.—A meal or supplement (d) TAX EXEMPT STATUS AND REMOVAL OF NO- school children during after-school hours, week- claimed for reimbursement shall be served with- TIFICATION REQUIREMENT FOR INCOMPLETE AP- ends, or holidays during the regular school out charge.’’. (2) CONFORMING AMENDMENTS.— PLICATIONS.—Section 17(d)(1) of the National year; and (A) Section 13(a)(3)(C) of the National School School Lunch Act (42 U.S.C. 1766(d)(1)) is ‘‘(ii) 1 supplement per child per day. Lunch Act (42 U.S.C. 1761(a)(3)(C)) is amend- amended— ‘‘(B) RATE.—A supplement shall be reimbursed ed— (1) by inserting after the third sentence the under this subsection at the rate established for a free supplement under subsection (c)(3). (i) in clause (i), by adding ‘‘or’’ at the end; following: ‘‘An institution moving toward com- (ii) by striking clause (ii); and ‘‘(C) NO CHARGE.—A supplement claimed for pliance with the requirement for tax exempt sta- (iii) by redesignating clause (iii) as clause (ii). tus shall be allowed to participate in the child reimbursement under this subsection shall be (B) Section 17(a) of the National School and adult care food program for a period of not served without charge.’’. Lunch Act (42 U.S.C. 1766(a)) is amended in the (i) WIC INFORMATION.—Section 17 of the Na- more than 180 days, except that a State agency third sentence— may grant a single extension of not to exceed an tional School Lunch Act (42 U.S.C. 1766), as (i) by striking ‘‘and public’’ and inserting additional 90 days if the institution dem- amended by subsection (h), is further amended ‘‘public’’; and onstrates, to the satisfaction of the State agen- by adding at the end the following: (ii) by inserting before the period at the end cy, that the inability of the institution to obtain ‘‘(s) INFORMATION CONCERNING THE SPECIAL the following: ‘‘, and emergency shelters (as tax exempt status within the 180-day period is SUPPLEMENTAL NUTRITION PROGRAM FOR provided in subsection (t))’’. due to circumstances beyond the control of the WOMEN, INFANTS, AND CHILDREN.— (C)(i) Section 17B of the National School institution.’’; and ‘‘(1) IN GENERAL.—The Secretary shall provide Lunch Act (42 U.S.C. 1766b) is repealed. (2) by striking the last sentence. each State agency administering a child and (ii) Section 25(b)(1) of the National School (e) USE OF FUNDS FOR AUDITS.—Section 17(i) adult care food program under this section with Lunch Act (42 U.S.C. 1769f(b)(1) is amended— of the National School Lunch Act (42 U.S.C. information concerning the special supplemental (I) by striking subparagraph (D); and 1766(i)) is amended by striking ‘‘2 percent’’ and nutrition program for women, infants, and chil- (II) by redesignating subparagraphs (E) inserting ‘‘1.5 percent (except, in the case of dren authorized under section 17 of the Child through (G) as subparagraphs (D) through (F), each of fiscal years 2005 through 2007, 1 per- Nutrition Act of 1966 (42 U.S.C. 1786). respectively. cent)’’. ‘‘(2) REQUIREMENTS FOR STATE AGENCIES.— (3) TECHNICAL AMENDMENTS.— (f) PERMANENT AUTHORIZATION OF DEM- Each State agency shall ensure that each par- (A) Section 12(d) of the National School ONSTRATION PROJECT.—Section 17(p) of the Na- ticipating family and group day care home and Lunch Act (42 U.S.C. 1760(d)) is amended— tional School Lunch Act (42 U.S.C. 1766(p)) is child care center (other than an institution pro- (i) in paragraph (1)(A), by striking ‘‘mental or amended by striking paragraphs (4) and (5). viding care to school children outside school physical’’ each place it appears; and (g) MANAGEMENT SUPPORT.—Section 17 of the hours)— (ii) by adding at the end the following: National School Lunch Act (42 U.S.C. 1766) is ‘‘(A) receives materials that include— ‘‘(8) DISABILITY.—The term ‘disability’ has the amended by adding at the end the following: ‘‘(i) a basic explanation of the importance and meaning given the term in the Rehabilitation Act of 1973 for purposes of title II of that Act (29 ‘‘(q) MANAGEMENT SUPPORT.— benefits of the special supplemental nutrition U.S.C. 760 et seq.).’’. ‘‘(1) TECHNICAL AND TRAINING ASSISTANCE.—In program for women, infants, and children; (B) Section 13(a)(1) of the National School addition to the training and technical assist- ‘‘(ii) the maximum State income eligibility Lunch Act (42 U.S.C. 1761(a)(1)) is amended in ance that is provided to State agencies under standards, according to family size, for the pro- subparagraph (D) of the second sentence— other provisions of this Act and the Child Nutri- gram; and ‘‘(iii) information concerning how benefits (i) in clause (i), by striking ‘‘to be mentally or tion Act of 1966 (42 U.S.C. 1771 et seq.), the Sec- under the program may be obtained; physically handicapped’’ and inserting ‘‘to have retary shall provide training and technical as- ‘‘(B) receives periodic updates of the informa- a disability’’; and sistance in order to assist the State agencies in tion described in subparagraph (A); and (ii) in clause (ii), by striking ‘‘the mentally or improving their program management and over- ‘‘(C) provides the information described in physically handicapped’’ and inserting ‘‘indi- sight under this section. subparagraph (A) to parents of enrolled chil- viduals who have a disability’’. ‘‘(2) FUNDING.—For each of fiscal years 1999 dren at enrollment.’’. (C) Section 17(a) of the National School through 2003, the Secretary shall reserve to (j) TRANSFER OF HOMELESS PROGRAMS.— Lunch Act (42 U.S.C. 1766(a)) is amended by carry out paragraph (1) $1,000,000 of the (1) IN GENERAL.—Section 17 of the National striking ‘‘handicaps’’ each place it appears and amounts made available to carry out this sec- School Lunch Act (42 U.S.C. 1766), as amended inserting ‘‘disabilities’’. tion.’’. by subsection (i), is further amended by adding (D) Section 15 of the Child Nutrition Act of (h) PARTICIPATION BY AT-RISK CHILD CARE at the end the following: 1966 (42 U.S.C. 1784) is amended— PROGRAMS.—Section 17 of the National School ‘‘(t) PARTICIPATION BY EMERGENCY SHEL- (i) in paragraph (6), by striking ‘‘mental or Lunch Act (42 U.S.C. 1766), as amended by sub- TERS.— physical handicaps’’ each place it appears and section (g), is further amended by adding at the ‘‘(1) DEFINITION OF EMERGENCY SHELTER.—In inserting ‘‘disabilities’’; and end the following: this subsection, the term ‘emergency shelter’ (ii) by adding at the end the following: ‘‘(r) PROGRAM FOR AT-RISK SCHOOL CHIL- means— ‘‘(7) DISABILITY.—The term ‘disability’ has the DREN.— ‘‘(A) an emergency shelter (as defined in sec- meaning given the term in the Rehabilitation ‘‘(1) DEFINITION OF AT-RISK SCHOOL CHILD.— tion 321 of the Stewart B. McKinney Homeless Act of 1973 for purposes of title II of that Act (29 In this subsection, the term ‘at-risk school child’ Assistance Act (42 U.S.C. 11351)); or U.S.C. 760 et seq.).’’. means a school child who— ‘‘(B) a site operated by the shelter. (4) EFFECTIVE DATE.—The amendments made ‘‘(A) is not more than 18 years of age, except ‘‘(2) ADMINISTRATION.—Except as otherwise by paragraphs (1) and (2) take effect on July 1, that the age limitation provided by this sub- provided in this subsection, an emergency shel- 1999. paragraph shall not apply to a child described ter shall be eligible to participate in the program SEC. 108. MEAL SUPPLEMENTS FOR CHILDREN IN in section 12(d)(1)(A); and authorized under this section in accordance AFTERSCHOOL CARE. ‘‘(B) participates in a program authorized with the terms and conditions applicable to eli- (a) GENERAL AUTHORITY.—Section 17A(a) of under this section operated at a site located in gible institutions described in subsection (a). the National School Lunch Act (42 U.S.C. a geographical area served by a school in which ‘‘(3) LICENSING REQUIREMENTS.—The licensing 1766a(a)) is amended— at least 50 percent of the children enrolled are requirements contained in subsection (a)(1) shall (1) in paragraph (1), by striking ‘‘supplements certified as eligible to receive free or reduced not apply to an emergency shelter. to’’ and inserting ‘‘supplements under a pro- price school meals under this Act or the Child ‘‘(4) HEALTH AND SAFETY STANDARDS.—To be gram organized primarily to provide care for’’; Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). eligible to participate in the program authorized and October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9683 (2) in paragraph (2), by striking subparagraph out this subsection, a school food authority re- Urban Consumers published by the Bureau of (C) and inserting the following: ceiving amounts under a grant to conduct a Labor Statistics of the Department of Labor and ‘‘(C) operate afterschool programs with an pilot project described in paragraph (1) shall adjusted for fluctuations in enrollment). educational or enrichment purpose.’’. conduct the project during a period of 3 succes- ‘‘(B) EXCESS NEEDS.—Funds required for the (b) ELIGIBLE CHILDREN.—Section 17A(b) of the sive school years. pilot project in excess of the level of reimburse- National School Lunch Act (42 U.S.C. 1766a(b)) ‘‘(6) WAIVER AUTHORITY.— ment received by the school for the prior year is amended by striking ‘‘served to children’’ and ‘‘(A) IN GENERAL.—Except as provided in sub- (adjusted to reflect changes described in sub- all that follows and inserting ‘‘served to school paragraph (B), the Secretary may waive the re- paragraph (A) and adjusted for fluctuations in children who are not more than 18 years of age, quirements of this Act and the Child Nutrition enrollment) may be taken from any non-Federal except that the age limitation provided by this Act of 1966 (42 U.S.C. 1771 et seq.) relating to source or from amounts provided under this sub- subsection shall not apply to a child described counting of meals, applications for eligibility, section. in section 12(d)(1)(A).’’. and related requirements that would preclude ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— (c) REIMBURSEMENT.—Section 17A(c) of the the Secretary from making a grant to conduct a ‘‘(A) IN GENERAL.—There are authorized to be National School Lunch Act (42 U.S.C. 1766a(c)) pilot project under paragraph (1). appropriated such sums as are necessary to is amended by striking ‘‘(c) REIMBURSEMENT.— ‘‘(B) NONWAIVABLE REQUIREMENTS.—The Sec- carry out this subsection. For’’ and inserting the following: retary may not waive a requirement under sub- ‘‘(B) REQUIREMENT.—No amounts may be pro- ‘‘(c) REIMBURSEMENT.— paragraph (A) if the waiver would prevent a vided under this subsection unless specifically ‘‘(1) AT-RISK SCHOOL CHILDREN.—In the case program participant, a potential program par- provided in appropriations Acts.’’. of an eligible child who is participating in a ticipant, or a school from receiving all of the (c) CONFORMING AMENDMENTS.— program authorized under this section operated benefits and protections of this Act, the Child (1) Section 18 of the National School Lunch at a site located in a geographical area served Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or Act (42 U.S.C. 1769), as amended by subsections by a school in which at least 50 percent of the a Federal law (including a regulation) that pro- (a) and (b), is further amended by redesignating children enrolled are certified as eligible to re- tects an individual constitutional right or a subsections (d), (f), and (i) as subsections (c), ceive free or reduced price school meals under statutory civil right. (d), and (e), respectively. this Act or the Child Nutrition Act of 1966 (42 ‘‘(7) REQUIREMENTS FOR PARTICIPATION IN (2) Section 101(b) of the Child Nutrition U.S.C. 1771 et seq.), a supplement provided PILOT PROJECT.—To be eligible to participate in Amendments of 1992 (42 U.S.C. 1769 note; Public under this section to the child shall be— a pilot project under this subsection— Law 102–342) is amended— ‘‘(A) reimbursed at the rate at which free sup- ‘‘(A) a State agency— (A) in paragraph (1)— plements are reimbursed under section 17(c)(3); ‘‘(i) shall submit an application to the Sec- (i) by striking ‘‘(1)’’; and and retary at such time and in such manner as the (ii) by striking ‘‘other than those required ‘‘(B) served without charge. Secretary shall establish to meet criteria the Sec- under section 18(c) of the National School ‘‘(2) OTHER SCHOOL CHILDREN.—In the case of retary has established to enable a valid evalua- Lunch Act (42 U.S.C 1769(c)) to identify other’’ an eligible child who is participating in a pro- tion to be conducted; and and inserting ‘‘to identify’’; and gram authorized under this section at a site that ‘‘(ii) shall provide such information relating (B) by striking paragraph (2). is not described in paragraph (1), for’’. to the operation and results of the pilot project SEC. 110. TRAINING, TECHNICAL ASSISTANCE, as the Secretary may reasonably require; and SEC. 109. PILOT PROJECTS. AND FOOD SERVICE MANAGEMENT ‘‘(B) a school food authority— INSTITUTE. (a) IN GENERAL.—Section 18 of the National ‘‘(i) shall agree to serve all breakfasts at no (a) TECHNICAL AMENDMENTS.—Section 21(c)(2) School Lunch Act (42 U.S.C. 1769) is amended charge to all children enrolled in participating by striking subsections (c), (e), (g), and (h). of the National School Lunch Act (42 U.S.C. elementary schools; 1769b–1(c)(2)) is amended by striking ‘‘of section (b) BREAKFAST PILOT PROJECTS.—Section 18(i) ‘‘(ii) shall not have a history of violations of 24’’ each place it appears in subparagraphs (F) of the National School Lunch Act (42 U.S.C. this Act or the Child Nutrition Act of 1966 (42 1769(i)) is amended to read as follows: and (H) and inserting ‘‘established by the Sec- U.S.C. 1771 et seq.); retary’’. ‘‘(i) BREAKFAST PILOT PROJECTS.— ‘‘(iii) shall have, under the jurisdiction of the (b) TRAINING AND TECHNICAL ASSISTANCE.— ‘‘(1) IN GENERAL.—Subject to the availability school food authority, a sufficient number of el- of funds made available under paragraph (10), Section 21(e)(1) of the National School Lunch ementary schools that are not participating in Act (42 U.S.C. 1769b–1(e)(1)) is amended by for a period of 3 successive school years, the the pilot projects to permit a valid evaluation of Secretary shall make grants to State agencies to striking ‘‘1998’’ and inserting ‘‘2003’’. the effects of the pilot projects; and (c) FOOD SERVICE MANAGEMENT INSTITUTE.— conduct pilot projects in elementary schools ‘‘(iv) shall meet all other requirements that Section 21(e)(2)(A) of the National School Lunch under the jurisdiction of not more than 6 school the Secretary may reasonably require. Act (42 U.S.C. 1769b–1(e)(2)(A)) is amended in food authorities approved by the Secretary to— ‘‘(8) EVALUATION OF PILOT PROJECTS.— the first sentence by striking ‘‘and $2,000,000 for ‘‘(A) reduce paperwork, simplify meal count- ‘‘(A) IN GENERAL.—The Secretary, acting fiscal year 1996 and each subsequent fiscal ing requirements, and make changes that will through the Administrator of the Food and Nu- year,’’ and inserting ‘‘$2,000,000 for each of fis- increase participation in the school breakfast trition Service, shall conduct an evaluation of cal years 1996 through 1998, and $3,000,000 for program; and the pilot projects conducted by the school food fiscal year 1999 and each subsequent fiscal ‘‘(B) evaluate the effect of providing free authorities selected for participation. year,’’. breakfasts to elementary school children, with- ‘‘(B) CONTENT.—The evaluation shall in- out regard to family income, on participation, clude— SEC. 111. COMPLIANCE AND ACCOUNTABILITY. academic achievement, attendance and tardi- ‘‘(i) a determination of the effect of participa- Section 22(d) of the National School Lunch ness, and dietary intake over the course of a tion in the pilot project on the academic Act (42 U.S.C. 1769c(d)) is amended by striking day. achievement, attendance and tardiness, and die- ‘‘1996’’ and inserting ‘‘2003’’. ‘‘(2) NOMINATIONS.—A State agency that seeks tary intake over the course of a day of partici- SEC. 112. INFORMATION CLEARINGHOUSE. a grant under this subsection shall submit to the pating children that is not attributable to Section 26(d) of the National School Lunch Secretary nominations of school food authorities changes in educational policies and practices; Act (42 U.S.C. 1769g(d)) is amended in the first to participate in a pilot project under this sub- and sentence by striking ‘‘and $100,000 for fiscal section ‘‘(ii) a determination of the effect that partici- year 1998’’ and inserting ‘‘$100,000 for fiscal ‘‘(3) APPROVAL.—The Secretary shall approve pation by elementary schools in the pilot project year 1998, and $166,000 for each of fiscal years for participation in pilot projects under this sub- has on the proportion of students who eat 1999 through 2003’’. section elementary schools under the jurisdic- breakfast and on the paperwork required to be SEC. 113. ACCOMMODATION OF THE SPECIAL DIE- tion of not more than 6 nominated school food completed by the schools. TARY NEEDS OF INDIVIDUALS WITH authorities selected so as to— ‘‘(C) REPORT.—On completion of the pilot DISABILITIES. ‘‘(A) provide for an equitable distribution of projects and the evaluation, the Secretary shall Section 27 of the National School Lunch Act pilot projects among urban and rural elemen- submit to the Committee on Education and the (42 U.S.C. 1769h) is amended to read as follows: tary schools; Workforce of the House of Representatives and ‘‘SEC. 27. ACCOMMODATION OF THE SPECIAL DIE- ‘‘(B) provide for an equitable distribution of the Committee on Agriculture, Nutrition, and TARY NEEDS OF INDIVIDUALS WITH pilot projects among elementary schools of vary- Forestry of the Senate a report describing the DISABILITIES. ing family income levels; and results of the evaluation of the pilot projects re- ‘‘(a) DEFINITIONS.—In this section: ‘‘(C) permit the evaluation of pilot projects to quired under subparagraph (A). ‘‘(1) COVERED PROGRAM.—The term ‘covered distinguish the effects of the pilot projects from ‘‘(9) REIMBURSEMENT.— program’ means— other factors, such as changes or differences in ‘‘(A) IN GENERAL.—Except as provided in sub- ‘‘(A) the school lunch program authorized educational policies or program. paragraph (B), a school conducting a pilot under this Act; ‘‘(4) GRANTS TO SCHOOL FOOD AUTHORITIES.— project under this subsection shall receive a ‘‘(B) the school breakfast program authorized A State agency receiving a grant under para- total Federal reimbursement under the school under section 4 of the Child Nutrition Act of graph (1) shall make grants to school food au- breakfast program in an amount that is equal to 1966 (42 U.S.C. 1773); and thorities to conduct the pilot projects described the total Federal reimbursement for the school ‘‘(C) any other program authorized under this in paragraph (1). for the prior year under the program (adjusted Act or the Child Nutrition Act of 1966 (except for ‘‘(5) DURATION OF PILOT PROJECTS.—Subject to to reflect changes in the series for food away section 17) that the Secretary determines is ap- the availability of funds made available to carry from home of the Consumer Price Index for All propriate. H9684 CONGRESSIONAL RECORD — HOUSE October 6, 1998

‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en- ‘‘(I) an infant or child who— ‘‘(A) the fiscal year in which the claim arises; tity’ means a school food authority, institution, ‘‘(aa) was present at the initial certification ‘‘(B) the fiscal year in which the funds are or service institution that participates in a cov- visit; and collected; and ered program. ‘‘(bb) is receiving ongoing health care from a ‘‘(C) the fiscal year following the fiscal year ‘‘(b) ACTIVITIES.—The Secretary may carry provider other than the local agency; or in which the funds are collected.’’. out activities to help accommodate the special ‘‘(II) an infant or child who— (e) INDIVIDUALS PARTICIPATING AT MORE dietary needs of individuals with disabilities ‘‘(aa) was present at the initial certification THAN 1 SITE.—Section 17(f) of the Child Nutri- who are participating in a covered program. The visit; tion Act of 1966 (42 U.S.C. 1786(f)) is amended by activities may include— ‘‘(bb) was present at a certification or recer- adding at the end the following: ‘‘(1) developing and disseminating to State tification determination within the 1-year period ‘‘(23) INDIVIDUALS PARTICIPATING AT MORE agencies guidance and technical assistance ma- ending on the date of the certification or recer- THAN 1 SITE.—Each State agency shall imple- terials; tification determination described in clause (i); ment a system designed by the State agency to ‘‘(2) conducting training of State agencies and and identify individuals who are participating at eligible entities; and ‘‘(cc) has 1 or more parents who work.’’. more than 1 site under the program.’’. ‘‘(3) providing grants to State agencies and el- (2) INCOME DOCUMENTATION REQUIREMENT.— (f) IDENTIFICATION OF HIGH RISK VENDORS; igible entities. Section 17(d)(3) of the Child Nutrition Act of COMPLIANCE INVESTIGATIONS.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 1966 (42 U.S.C. 1786(d)(3)), as amended by para- (1) IN GENERAL.—Section 17(f) of the Child There are authorized to be appropriated such graph (1), is further amended by adding at the Nutrition Act of 1966 (42 U.S.C. 1786(f)), as sums as are necessary to carry out this section end the following: amended by subsection (e), is further amended for each of fiscal years 1999 through 2003.’’. ‘‘(D) INCOME DOCUMENTATION.— by adding at the end the following: ‘‘(i) IN GENERAL.—Except as provided in TITLE II—SCHOOL BREAKFAST AND ‘‘(24) HIGH RISK VENDORS.—Each State agency clause (ii), in order to participate in the pro- RELATED PROGRAMS shall— gram pursuant to clause (i) of paragraph (2)(A), ‘‘(A) identify vendors that have a high prob- SEC. 201. SCHOOL BREAKFAST PROGRAM AU- an individual seeking certification or recertifi- ability of program abuse; and THORIZATION. cation for participation in the program shall ‘‘(B) conduct compliance investigations of the Section 4(a) of the Child Nutrition Act of 1966 provide documentation of family income. vendors.’’. (42 U.S.C. 1773(a)) is amended in the first sen- ‘‘(ii) WAIVERS.—A State agency may waive the (2) REGULATIONS.—The Secretary of Agri- tence by striking ‘‘and to carry out the provi- documentation requirement of clause (i), in ac- culture shall promulgate— sions of subsection (g)’’. cordance with criteria established by the Sec- (A) not later than March 1, 1999, proposed SEC. 202. STATE ADMINISTRATIVE EXPENSES. retary, with respect to— regulations to carry out section 17(f)(24) of the (a) HOMELESS SHELTERS.—Section 7(a)(5)(B) ‘‘(I) an individual for whom the necessary Child Nutrition Act of 1966 (42 U.S.C. of the Child Nutrition Act of 1966 (42 U.S.C. documentation is not available; or 1786(f)(24)), as added by paragraph (1); and 1776(a)(5)(B)) is amended to read as follows: ‘‘(II) an individual, such as a homeless (B) not later than March 1, 2000, final regula- ‘‘(B) REALLOCATION OF FUNDS.— woman or child, for whom the agency deter- tions to carry out section 17(f)(24) of that Act. ‘‘(i) RETURN TO SECRETARY.—For each fiscal mines the requirement of clause (i) would (g) REAUTHORIZATION OF PROGRAM.—Section year, any amounts appropriated that are not present an unreasonable barrier to participa- 17(g)(1) of the Child Nutrition Act of 1966 (42 obligated or expended during the fiscal year and tion.’’. U.S.C. 1786(g)(1)) is amended in the first sen- are not carried over for the succeeding fiscal (3) ADJUNCT DOCUMENTATION REQUIREMENT.— tence by striking ‘‘1998’’ and inserting ‘‘2003’’. year under subparagraph (A) shall be returned Section 17(d)(3) of the Child Nutrition Act of (h) PURCHASE OF BREAST PUMPS.—Section to the Secretary. 1966 (42 U.S.C. 1786(d)(3)), as amended by para- 17(h)(1)(C) of the Child Nutrition Act of 1966 (42 ‘‘(ii) REALLOCATION BY SECRETARY.—The Sec- graph (2), is further amended by adding at the U.S.C. 1786(h)(1)(C)) is amended— retary shall allocate, for purposes of administra- end the following: (1) by striking ‘‘(C) In’’ and inserting the fol- tive costs, any remaining amounts among States ‘‘(E) ADJUNCT DOCUMENTATION.—In order to lowing: that demonstrate a need for the amounts.’’. participate in the program pursuant to clause ‘‘(C) REMAINING AMOUNTS.— (b) ELIMINATION OF 10 PERCENT TRANSFER (ii) or (iii) of paragraph (2)(A), an individual ‘‘(i) IN GENERAL.—Except as provided in LIMITATION.—Section 7(a)(6) of the Child Nutri- seeking certification or recertification for par- clause (ii), in’’; and tion Act of 1966 (42 U.S.C. 1776(a)(6)) is amend- ticipation in the program shall provide docu- (2) by adding at the end the following: ed to read as follows: mentation of receipt of assistance described in ‘‘(ii) BREAST PUMPS.—A State agency may use ‘‘(6) USE OF ADMINISTRATIVE FUNDS.—Funds that clause.’’. amounts made available under clause (i) for the available to a State under this subsection and (b) EDUCATION AND EDUCATIONAL MATERIALS purchase of breast pumps.’’. under section 13(k)(1) of the National School RELATING TO EFFECTS OF DRUG AND ALCOHOL (i) NUTRITION SERVICES AND ADMINISTRA- Lunch Act (42 U.S.C. 1761(k)(1)) may be used by USE.—Section 17(e)(1) of the Child Nutrition Act TION.— the State for the costs of administration of the of 1966 (42 U.S.C. 1786(e)(1)) is amended by add- (1) ALLOCATION OF AMOUNTS.—Section programs authorized under this Act (except for ing at the end the following: ‘‘A local agency 17(h)(2)(A) of the Child Nutrition Act of 1966 (42 the programs authorized under sections 17 and participating in the program shall provide edu- U.S.C. 1786(h)(2)(A)) is amended in the first sen- 21) and the National School Lunch Act (42 cation or educational materials relating to the tence by striking ‘‘1998’’ and inserting ‘‘2003’’. U.S.C. 1751 et seq.) without regard to the basis effects of drug and alcohol use by a pregnant, (2) TECHNICAL AMENDMENT.—Section on which the funds were earned and allo- postpartum, or breastfeeding woman on the de- 17(h)(2)(A)(iv) of the Child Nutrition Act of 1966 cated.’’. veloping child of the woman.’’. (42 U.S.C. 1786(h)(2)(A)(iv)) is amended by strik- (c) REAUTHORIZATION OF PROGRAM.—Section (c) DISTRIBUTION OF NUTRITION EDUCATION ing ‘‘, to the extent funds are not already pro- 7(g) of the Child Nutrition Act of 1966 (42 U.S.C. MATERIALS.—Section 17(e)(3) of the Child Nutri- vided under subparagraph (I)(v) for the same 1776(g)) is amended by striking ‘‘1998’’ and in- tion Act of 1966 (42 U.S.C. 1786(e)(3)) is amend- purpose,’’. serting ‘‘2003’’. ed— (3) LEVEL OF PER-PARTICIPANT EXPENDITURE SEC. 203. SPECIAL SUPPLEMENTAL NUTRITION (1) by striking ‘‘(3) The’’ and inserting the fol- FOR NUTRITION SERVICES AND ADMINISTRATION.— PROGRAM FOR WOMEN, INFANTS, lowing: Section 17(h)(2)(B)(ii) of the Child Nutrition Act AND CHILDREN. ‘‘(3) NUTRITION EDUCATION MATERIALS.— of 1966 (42 U.S.C. 1786(h)(2)(B)(ii)) is amended (a) ADDITIONAL REQUIREMENTS FOR APPLI- ‘‘(A) IN GENERAL.—The’’; and by striking ‘‘15 percent’’ and inserting ‘‘10 per- CANTS.— (2) by adding at the end the following: cent (except that the Secretary may establish a (1) PHYSICAL PRESENCE REQUIREMENT.—Sec- ‘‘(B) SHARING OF MATERIALS.—The Secretary higher percentage for State agencies that are tion 17(d)(3) of the Child Nutrition Act of 1966 may provide, in bulk quantity, nutrition edu- small)’’. (42 U.S.C. 1786(d)(3)) is amended by adding at cation materials (including materials promoting (4) TECHNICAL AMENDMENTS.—Section 17(h)(3) the end the following: breastfeeding) developed with funds made avail- of the Child Nutrition Act of 1966 (42 U.S.C. ‘‘(C) PHYSICAL PRESENCE.— able for the program authorized under this sec- 1786(h)(3)) is amended— ‘‘(i) IN GENERAL.—Except as provided in tion to State agencies administering the com- (A) in subparagraph (E), by striking ‘‘In the clause (ii) and subject to the requirements of the modity supplemental food program authorized case’’ and all that follows through ‘‘subsequent Americans with Disabilities Act of 1990 (42 under sections 4(a) and 5 of the Agriculture and fiscal year,’’ and inserting ‘‘For each fiscal U.S.C. 12101 et seq.) and section 504 of the Re- Consumer Protection Act of 1973 (7 U.S.C. 612c year,’’; and habilitation Act of 1973 (29 U.S.C. 794), each in- note; Public Law 93–86) at no cost to that pro- (B) by striking subparagraphs (F) and (G). dividual seeking certification or recertification gram.’’. (5) CONVERSION OF AMOUNTS FOR SUPPLE- for participation in the program shall be phys- (d) USE OF CLAIMS FROM VENDORS AND PAR- MENTAL FOODS TO AMOUNTS FOR NUTRITION ically present at each certification or recertifi- TICIPANTS.—Section 17(f)(21) of the Child Nutri- SERVICES AND ADMINISTRATION.—Section cation determination in order to determine eligi- tion Act of 1966 (42 U.S.C. 1786(f)(21)) is amend- 17(h)(5)(A) of the Child Nutrition Act of 1966 (42 bility under the program. ed to read as follows: U.S.C. 1786(h)(5)(A)) is amended in the matter ‘‘(ii) WAIVERS.—If the agency determines that ‘‘(21) USE OF CLAIMS FROM VENDORS AND PAR- preceding clause (i) by striking ‘‘achieves’’ and the requirement of clause (i) would present an TICIPANTS.—A State agency may use funds re- all that follows through ‘‘such State agency unreasonable barrier to participation, a local covered from vendors and participants, as a re- may’’ and inserting ‘‘submits a plan to reduce agency may waive the requirement of clause (i) sult of a claim arising under the program, to average food costs per participant and to in- with respect to— carry out the program during— crease participation above the level estimated October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9685 for the State agency, the State agency may, section for supplemental foods for a fiscal year (ii) in the second sentence, by striking ‘‘for with the approval of the Secretary,’’. may be expended by the State agency for allow- additional recipients’’; (j) INFANT FORMULA PROCUREMENT.—Section able expenses incurred under this section for (B) in the second sentence of clause (ii), by 17(h)(8)(A) of the Child Nutrition Act of 1966 (42 supplemental foods during the preceding fiscal striking ‘‘that desire to serve additional recipi- U.S.C. 1786(h)(8)(A)) is amended by adding at year; and ents, and’’. the end the following: ‘‘(II) not more than 1 percent of the amount (5) REAUTHORIZATION OF PROGRAM.—Section ‘‘(iii) COMPETITIVE BIDDING SYSTEM.—A State of funds allocated to a State agency under this 17(m)(9)(A) of the Child Nutrition Act of 1966 (42 agency using a competitive bidding system for section for nutrition services and administration U.S.C. 1786(m)(9)(A)) is amended by striking infant formula shall award contracts to bidders for a fiscal year may be expended by the State ‘‘1998’’ and inserting ‘‘2003’’. offering the lowest net price unless the State agency for allowable expenses incurred under (p) DISQUALIFICATION OF CERTAIN VENDORS.— agency demonstrates to the satisfaction of the this section for supplemental foods and nutri- (1) IN GENERAL.—Section 17 of the Child Nu- Secretary that the weighted average retail price tion services and administration during the pre- trition Act of 1966 (42 U.S.C. 1786) is amended by for different brands of infant formula in the ceding fiscal year; and adding at the end the following: State does not vary by more than 5 percent.’’. ‘‘(ii)(I) for each fiscal year, of the amounts al- ‘‘(o) DISQUALIFICATION OF VENDORS CON- (k) INFRASTRUCTURE AND BREASTFEEDING located to a State agency for nutrition services VICTED OF TRAFFICKING OR ILLEGAL SALES.— PROMOTION AND SUPPORT ACTIVITIES.—Section and administration, an amount equal to not ‘‘(1) IN GENERAL.—Except as provided in para- 17(h)(10)(A) of the Child Nutrition Act of 1966 more than 1 percent of the amount allocated to graph (4), a State agency shall permanently dis- (42 U.S.C. 1786(h)(10)(A)) is amended by striking the State agency under this section for the fiscal qualify from participation in the program au- ‘‘1998’’ and inserting ‘‘2003’’. year may be expended by the State agency for thorized under this section a vendor convicted (l) CONSIDERATION OF PRICE LEVELS OF RE- allowable expenses incurred under this section of— TAIL STORES FOR PARTICIPATION IN PROGRAM.— for nutrition services and administration during ‘‘(A) trafficking in food instruments (includ- (1) IN GENERAL.—Section 17(h) of the Child the subsequent fiscal year; and ing any voucher, draft, check, or access device Nutrition Act of 1966 (42 U.S.C. 1786(h)) is ‘‘(II) for each fiscal year, of the amounts allo- (including an electronic benefit transfer card or amended by adding at the end the following: cated to a State agency for nutrition services personal identification number) issued in lieu of ‘‘(11) CONSIDERATION OF PRICE LEVELS OF RE- and administration, an amount equal to not a food instrument under this section); or TAIL STORES FOR PARTICIPATION IN PROGRAM.— more than 1⁄2 of 1 percent of the amount allo- ‘‘(B) selling firearms, ammunition, explosives, ‘‘(A) IN GENERAL.—For the purpose of promot- cated to the State agency under this section for or controlled substances (as defined in section ing efficiency and to contain costs under the the fiscal year may be expended by the State 102 of the Controlled Substances Act (21 U.S.C. program, a State agency shall, in selecting a re- agency, with the prior approval of the Sec- 802)) in exchange for food instruments (includ- tail store for participation in the program, take retary, for the development of a management in- ing any item described in subparagraph (A) into consideration the prices that the store formation system, including an electronic bene- issued in lieu of a food instrument under this charges for foods under the program as com- fit transfer system, during the subsequent fiscal section). pared to the prices that other stores charge for year.’’. ‘‘(2) NOTICE OF DISQUALIFICATION.—The State the foods. (2) CONFORMING AMENDMENTS.—Section 17 of agency shall— ‘‘(B) SUBSEQUENT PRICE INCREASES.—The the Child Nutrition Act of 1966 (42 U.S.C. 1786) ‘‘(A) provide the vendor with notification of State agency shall establish procedures to en- is amended— the disqualification; and sure that a retail store selected for participation (A) in subsection (h)(10)(A), by inserting after ‘‘(B) make the disqualification effective on the in the program does not subsequently raise ‘‘nutrition services and administration funds’’ date of receipt of the notice of disqualification. prices to levels that would otherwise make the the following: ‘‘and supplemental foods funds’’; ‘‘(3) PROHIBITION OF RECEIPT OF LOST REVE- store ineligible for participation in the pro- and NUES.—A vendor shall not be entitled to receive gram.’’. (B) in subsection (i)(3)— any compensation for revenues lost as a result (2) REGULATIONS.—The Secretary of Agri- (i) by striking subparagraphs (C) through (G); of disqualification under this subsection. culture shall promulgate— and ‘‘(4) EXCEPTIONS IN LIEU OF DISQUALIFICA- (A) not later than March 1, 1999, proposed (ii) by redesignating subparagraph (H) as sub- TION.— regulations to carry out section 17(h)(11) of the paragraph (C). ‘‘(A) IN GENERAL.—A State agency may permit Child Nutrition Act of 1966 (42 U.S.C. (o) FARMERS’ MARKET NUTRITION PROGRAM.— a vendor that, but for this paragraph, would be 1786(h)(11)), as added by paragraph (1); and (1) MATCHING REQUIREMENT.—Section 17(m)(3) disqualified under paragraph (1), to continue to (B) not later than March 1, 2000, final regula- of the Child Nutrition Act of 1966 (42 U.S.C. participate in the program if the State agency tions to carry out section 17(h)(11) of that Act. 1786(m)(3)) is amended in the first sentence by determines, in its sole discretion according to (m) MANAGEMENT INFORMATION SYSTEM inserting ‘‘program income or’’ after ‘‘satisfied criteria established by the Secretary, that— PLAN.—Section 17(h) of the Child Nutrition Act from’’. ‘‘(i) disqualification of the vendor would of 1966 (42 U.S.C. 1786(h)), as amended by sub- (2) CRITERIA FOR ADDITIONAL FUNDS.—Section cause hardship to participants in the program section (l)(1), is further amended by adding at 17(m)(6)(C) of the Child Nutrition Act of 1966 (42 authorized under this section; or the end the following: U.S.C. 1786(m)(6)(C)) is amended— ‘‘(ii)(I) the vendor had, at the time of the vio- (A) by striking ‘‘serve additional recipients ‘‘(12) MANAGEMENT INFORMATION SYSTEM lation under paragraph (1), an effective policy in’’; PLAN.— and program in effect to prevent violations de- (B) by striking clause (ii) and inserting the ‘‘(A) IN GENERAL.—In consultation with State scribed in paragraph (1); and following: agencies, vendors, and other interested persons, ‘‘(II) the ownership of the vendor was not ‘‘(ii) documentation that demonstrates that— the Secretary shall establish a long-range plan ‘‘(I) there is a need for an increase in funds; aware of, did not approve of, and was not in- for the development and implementation of man- and volved in the conduct of the violation. agement information systems (including elec- ‘‘(II) the use of the increased funding will be ‘‘(B) CIVIL PENALTY.—If a State agency under tronic benefit transfers) to be used in carrying consistent with serving nutritionally at-risk per- subparagraph (A) permits a vendor to continue out the program. sons and expanding the awareness and use of to participate in the program in lieu of disquali- ‘‘(B) REPORT.—Not later than 2 years after farmers’ markets;’’; fication, the State agency shall assess the ven- the date of enactment of this paragraph, the (C) in clause (iii), by striking the period at the dor a civil penalty in an amount determined by Secretary shall submit to the Committee on Edu- end and inserting ‘‘; and’’; and the State agency, in accordance with criteria es- cation and the Workforce of the House of Rep- (D) by adding at the end the following: tablished by the Secretary, except that— resentatives and the Committee on Agriculture, ‘‘(iv) whether, in the case of a State that in- ‘‘(i) the amount of the civil penalty shall not Nutrition, and Forestry of the Senate a report tends to use any funding provided under sub- exceed $10,000 for each violation; and on actions taken to carry out subparagraph (A). paragraph (G)(i) to increase the value of the ‘‘(ii) the amount of civil penalties imposed for ‘‘(C) INTERIM PERIOD.—Prior to the date of Federal share of the benefits received by a recip- violations investigated as part of a single inves- submission of the report of the Secretary re- ient, the funding provided under subparagraph tigation may not exceed $40,000.’’. quired under subparagraph (B), a State agency (G)(i) will increase the rate of coupon redemp- (2) REGULATIONS.—The Secretary of Agri- may not require retail stores to pay the cost of tion.’’. culture shall promulgate— systems or equipment that may be required to (3) RANKING CRITERIA FOR STATE PLANS.—Sec- (A) not later than March 1, 1999, proposed test electronic benefit transfer systems.’’. tion 17(m)(6) of the Child Nutrition Act of 1966 regulations to carry out section 17(o) of the (n) USE OF FUNDS IN PRECEDING AND SUBSE- (42 U.S.C. 1786(m)(6)) is amended— Child Nutrition Act of 1966 (42 U.S.C. 1786(o)), QUENT FISCAL YEARS.— (A) by striking subparagraph (F); and as added by paragraph (1); and (1) IN GENERAL.—Section 17(i)(3)(A) of the (B) by redesignating subparagraph (G) as sub- (B) not later than March 1, 2000, final regula- Child Nutrition Act of 1966 (42 U.S.C. paragraph (F). tions to carry out section 17(o) of that Act. 1786(i)(3)(A)) is amended— (4) FUNDING FOR CURRENT AND NEW STATES.— (q) CRIMINAL FORFEITURE.—Section 17 of the (A) by striking ‘‘subparagraphs (B) and (C)’’ Section 17(m)(6)(F) of the Child Nutrition Act of Child Nutrition Act of 1966 (42 U.S.C. 1786), as and inserting ‘‘subparagraph (B)’’; and 1966 (42 U.S.C. 1786(m)(6)(F)), as redesignated amended by subsection (p)(1), is amended by (B) by striking clauses (i) and (ii) and insert- by paragraph (3)(B), is amended— adding at the end the following: ing the following: (A) in clause (i)— ‘‘(p) CRIMINAL FORFEITURE.— ‘‘(i)(I) not more than 1 percent (except as pro- (i) in the first sentence, by striking ‘‘that ‘‘(1) IN GENERAL.—Notwithstanding any pro- vided in subparagraph (C)) of the amount of wish’’ and all follows through ‘‘to do so’’ and vision of State law and in addition to any other funds allocated to a State agency under this inserting ‘‘whose State plan’’; and penalty authorized by law, a court may order a H9686 CONGRESSIONAL RECORD — HOUSE October 6, 1998 person that is convicted of a violation of a pro- (A) not later than 2 years after the date of en- food assistance program administered by the vision of law described in paragraph (2), with actment of this Act, an interim report describing Secretary to any other domestic food assistance respect to food instruments (including any item the results of the study conducted under para- program administered by the Secretary if the described in subsection (o)(1)(A) issued in lieu of graph (1); and transfer is necessary to ensure that the commod- a food instrument under this section), funds, as- (B) not later than 3 years after the date of en- ities will be used while the commodities are still sets, or property that have a value of $100 or actment of this Act, a final report describing the suitable for human consumption. more and that are the subject of a grant or other results of the study conducted under paragraph ‘‘(b) REIMBURSEMENT.—The Secretary shall, to form of assistance under this section, to forfeit (1). the maximum extent practicable, provide reim- to the United States all property described in (s) STUDY OF WIC SERVICES.— bursement for the value of the commodities paragraph (3). (1) IN GENERAL.—The Comptroller General of transferred under subsection (a) from accounts ‘‘(2) APPLICABLE LAWS.—A provision of law the United States shall conduct a study that as- available for the purchase of commodities under described in this paragraph is— sesses— the program receiving the commodities. ‘‘(A) section 12(g) of the National School (A) the cost of delivering services under the ‘‘(c) CREDITING.—Any reimbursement made Lunch Act (42 U.S.C. 1760(g)); and special supplemental nutrition program for under subsection (b) shall— ‘‘(B) any other Federal law imposing a pen- women, infants, and children authorized under ‘‘(1) be credited to the accounts that incurred alty for embezzlement, willful misapplication, section 17 of the Child Nutrition Act of 1966 (42 the costs when the transferred commodities were stealing, obtaining by fraud, or trafficking in U.S.C. 1786), including the costs of implementing originally purchased; and food instruments (including any item described and administering cost containment efforts; ‘‘(2) be available for the purchase of commod- in subsection (o)(1)(A) issued in lieu of a food (B) the fixed and variable costs incurred by ities with the same limitations as are provided instrument under this section), funds, assets, or State and local governments for delivering the for appropriated funds for the reimbursed ac- property. services and the extent to which those costs are counts for the fiscal year in which the transfer ‘‘(3) PROPERTY SUBJECT TO FORFEITURE.—The charged to State agencies; takes place. following property shall be subject to forfeiture (C) the quality of the services delivered, tak- ‘‘SEC. 14. AUTHORITY TO RESOLVE CLAIMS. ing into account the effect of the services on the under paragraph (1): ‘‘(a) IN GENERAL.—The Secretary may deter- ‘‘(A) All property, real and personal, used in health of participants; and mine the amount of, settle, and adjust all or a transaction or attempted transaction, to com- (D) the costs incurred for personnel, automa- part of a claim arising under a domestic food as- mit, or to facilitate the commission of, a viola- tion, central support, and other activities to de- sistance program administered by the Secretary. liver the services and whether the costs meet tion described in paragraph (1). ‘‘(b) WAIVER.—The Secretary may waive a ‘‘(B) All property, real and personal, con- Federal audit standards for allowable costs claim described in subsection (a) if the Secretary stituting, derived from, or traceable to any pro- under the program. determines that a waiver would serve the pur- (2) REPORT.—Not later than 3 years after the ceeds a person obtained directly or indirectly as poses of the program. a result of a violation described in paragraph date of enactment of this Act, the Comptroller ‘‘(c) AUTHORITY OF THE ATTORNEY GEN- (1). General shall submit to the Secretary of Agri- ERAL.—Nothing in this section diminishes the culture, the Committee on Education and the ‘‘(4) PROCEDURES; INTEREST OF OWNER.—Ex- authority of the Attorney General under section Workforce of the House of Representatives, and cept as provided in paragraph (5), all property 516 of title 28, United States Code, or any other the Committee on Agriculture, Nutrition, and subject to forfeiture under this subsection, any provision of law, to supervise and conduct liti- Forestry of the Senate a report containing the seizure or disposition of the property, and any gation on behalf of the United States. proceeding relating to the forfeiture, seizure, or results of the study conducted under paragraph disposition shall be subject to section 413 of the (1). ‘‘SEC. 15. PAYMENT OF COSTS ASSOCIATED WITH REMOVAL OF COMMODITIES THAT Comprehensive Drug Abuse Prevention and SEC. 204. NUTRITION EDUCATION AND TRAINING. POSE A HEALTH OR SAFETY RISK. Control Act of 1970 (21 U.S.C. 853), other than Section 19(i) of the Child Nutrition Act of 1966 ‘‘(a) IN GENERAL.—The Secretary may use subsection (d) of that section. (42 U.S.C. 1788(i)) is amended— funds available to carry out section 32 of the ‘‘(5) PROCEEDS.—The proceeds from any sale (1) by striking the subsection heading and all Act of August 24, 1935 (49 Stat. 774, chapter 641; of forfeited property and any amounts forfeited that follows through paragraph (3)(A) and in- 7 U.S.C. 612c), that are not otherwise committed, under this subsection shall be used— serting the following: for the purpose of reimbursing States for State ‘‘(A) first, to reimburse the Department of Jus- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— and local costs associated with the removal of tice, the Department of the Treasury, and the ‘‘(1) IN GENERAL.— commodities distributed under any domestic food United States Postal Service for the costs in- ‘‘(A) FUNDING.—There are authorized to be assistance program administered by the Sec- curred by the Departments or Service to initiate appropriated such sums as are necessary to retary if the Secretary determines that the com- and complete the forfeiture proceeding; carry out this section for each of fiscal years modities pose a health or safety risk. ‘‘(B) second, to reimburse the Office of Inspec- 1997 through 2003.’’; and ‘‘(b) ALLOWABLE COSTS.—The costs— tor General of the Department of Agriculture for (2) by redesignating paragraphs (4) and (5) as ‘‘(1) may include costs for storage, transpor- any costs incurred by the Office in the law en- paragraphs (2) and (3), respectively. tation, processing, and destruction of the com- forcement effort resulting in the forfeiture; TITLE III—COMMODITY DISTRIBUTION modities described in subsection (a); and ‘‘(C) third, to reimburse any Federal, State, or PROGRAMS ‘‘(2) shall be subject to the approval of the local law enforcement agency for any costs in- Secretary. curred in the law enforcement effort resulting in SEC. 301. INFORMATION FROM RECIPIENT AGEN- CIES. ‘‘(c) REPLACEMENT COMMODITIES.— the forfeiture; and ‘‘(D) fourth, by the State agency to carry out Section 3(f)(2) of the Commodity Distribution ‘‘(1) IN GENERAL.—The Secretary may use approval, reauthorization, and compliance in- Reform Act and WIC Amendments of 1987 (7 funds described in subsection (a) for the purpose vestigations of vendors.’’. U.S.C. 612c note; Public Law 100–237) is amend- of purchasing additional commodities if the pur- ed to read as follows: chase will expedite replacement of the commod- (r) STUDY OF COST CONTAINMENT PRAC- ‘‘(2) INFORMATION FROM RECIPIENT AGEN- ities described in subsection (a). TICES.— CIES.— (1) IN GENERAL.—The Secretary of Agriculture ‘‘(2) RECOVERY.—Use of funds under para- shall conduct a study on the effect of cost con- ‘‘(A) IN GENERAL.—The Secretary shall ensure graph (1) shall not restrict the Secretary from tainment practices established by States under that information with respect to the types and recovering funds or services from a supplier or the special supplemental nutrition program for forms of commodities that are most useful to per- other entity regarding the commodities described women, infants, and children authorized under sons participating in programs described in sub- in subsection (a). section 17 of the Child Nutrition Act of 1966 (42 section (a)(2) is collected from recipient agencies ‘‘(d) CREDITING OF RECOVERED FUNDS.— U.S.C. 1786) for the selection of vendors and ap- operating the programs. Funds recovered from a supplier or other entity proved food items (other than infant formula) ‘‘(B) FREQUENCY.—The information shall be regarding the commodities described in sub- on— collected at least once every 2 years. section (a) shall— (A) program participation; ‘‘(C) ADDITIONAL SUBMISSIONS.—The Sec- ‘‘(1) be credited to the account available to (B) access and availability of prescribed foods; retary shall provide the recipient agencies a carry out section 32 of the Act of August 24, 1935 (C) voucher redemption rates and actual food means for voluntarily submitting customer ac- (49 Stat. 774, chapter 641; 7 U.S.C. 612c), to the selections by participants; ceptability information.’’. extent the funds represent expenditures from (D) participants on special diets or with spe- SEC. 302. FOOD DISTRIBUTION. that account under subsections (a) and (c); and cific food allergies; The Commodity Distribution Reform Act and ‘‘(2) remain available to carry out the pur- (E) participant use and satisfaction of pre- WIC Amendments of 1987 (7 U.S.C. 612c note; poses of section 32 of that Act until expended. scribed foods; Public Law 100–237) is amended— ‘‘(e) TERMINATION DATE.—The authority pro- (F) achievement of positive health outcomes; (1) by redesignating sections 13 and 14 as sec- vided by this section terminates effective Octo- and tions 17 and 18, respectively; and ber 1, 2000. (G) program costs. (2) by inserting after section 12 the following: ‘‘SEC. 16. AUTHORITY TO ACCEPT COMMODITIES (2) REPORT.—The Secretary shall submit to ‘‘SEC. 13. AUTHORITY TO TRANSFER COMMOD- DONATED BY FEDERAL SOURCES. the Committee on Education and the Workforce ITIES BETWEEN PROGRAMS. ‘‘(a) IN GENERAL.—The Secretary may accept of the House of Representatives and the Com- ‘‘(a) TRANSFER.—Subject to subsection (b), the donations of commodities from any Federal mittee on Agriculture, Nutrition, and Forestry Secretary may transfer any commodities pur- agency, including commodities of another Fed- of the Senate— chased with appropriated funds for a domestic eral agency determined to be excess personal October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9687 property pursuant to section 202(d) of the Fed- tlement shortfalls and the related exemption The conferees agreement would require the eral Property and Administrative Services Act of from state matching requirements. [Sec. 101] use of a single claim form that incorporates 1949 (40 U.S.C. 483(d)). Senate amendment sections for claims for all meals served. At ‘‘(b) USE.—The Secretary may donate the Same as the House bill, with technical dif- its simplest, this would mean adding sec- commodities received under subsection (a) to ferences. [Sec. 101] tions from each current form to a single States for distribution through any domestic form. Conference agreement food assistance program administered by the The conferees believe that the consolidated Secretary. The conference agreement follows the agreements and single claim forms in the ‘‘(c) PAYMENT.—Notwithstanding section House bill and the Senate amendment. bill allow additional flexibility for States 202(d) of the Federal Property and Administra- 2. WAIVER OF REQUIREMENT FOR WEIGHTED and school districts. States may consolidate tive Services Act of 1949 (40 U.S.C. 483(d)), the AVERAGES FOR NUTRIENT ANALYSIS program accountability reviews where Secretary shall not be required to make any Present law schools also operate the Child and Adult payment in connection with the commodities re- No provision. Care Food Program. Further, where a ceived under subsection (a).’’. House bill schools’s food service operations, including TITLE IV—EFFECTIVE DATE its Summer Food Service Program oper- No provision. SEC. 401. EFFECTIVE DATE. ations, are managed by the same personnel, Except as otherwise provided in this Act, this Senate amendment States need not conduct a review of the Act and the amendments made by this Act take Bars the Secretary from requiring the use school’s summer program in the same year effect on October 1, 1998. of weighted averages for nutrient analysis of in which its school food service operations menu items and foods offered or served as have been reviewed and determined to be sat- And the Senate agree to the same. part of reimbursable meals in school meal isfactory. This will result in savings at the From the Committee on Education and the programs—through September 2003. [Sec. 102] State level in that State agency staff will be Workforce, for consideration of the House able to coordinate reviews among programs. bill, and the Senate amendment, and modi- Conference agreement States may conduct additional reviews as fications committed to conference: The conference agreement adopts the Sen- necessary where there is a concern about BILL GOODLING, ate provision. compliance or for new sponsors, as current FRANK RIGGS, 3. HEALTH AND SAFETY INSPECTIONS law provides. MIKE CASTLE, Present law School districts could operate all programs W. L. CLAY, No provision. under the same meal pattern requirements. M. G. MARTINEZ, House bill Schools would also have the same menu From the Committee on Agriculture, for Requires schools, twice during each school planning options for the Summer Food Serv- consideration of secs. 2, 101, 104(b), 106, 202(c), ice Program that school meals enjoy. This and 202(o) of the House bill, and secs. 101, 111, year, to obtain state or local health and safe- ty inspections to ensure that meals provided simplifies the menu planning process and 114, 203(c), 203(r), and titles III and IV of the maintains consistency among programs. It Senate amendment, and modifications com- under school meal programs are prepared and served in a healthful and safe environ- also simplifies program oversight at the mitted to conference: State level. BOB SMITH, ment—if the school’s food service operations 5. COMMON CLAIMING PROCEDURES BOB GOODLATTE, are not required by state or local law to un- CHARLIE STENHOLM, dergo health and safety inspections. [Sec. Present law Managers on the Part of the House. 102(a)] No provision. Senate amendment RICHARD G. LUGAR, House bill Requires schools, at least once during each THAD COCHRAN, Requires common reimbursement claiming school year, to obtain a food safety inspec- MITCH MCCONNELL, procedures for meals and supplements served tion conducted by a state or local govern- TOM HARKIN, in school meal programs, summer programs, ment agency responsible for food safety in- PATRICK J. LEAHY, and child and adult care food programs—to spections—if a food safety inspection of the Managers on the Part of the Senate. the extent that a single state agency admin- school is not required by a state or local au- isters the programs involved. [Sec. 102(b)] JOINT EXPLANATORY STATEMENT OF thority. [Sec. 103] THE COMMITTEE OF CONFERENCE Senate amendment Conference agreement The managers on the part of the House and No provision. The conference agreement adopts the Sen- the Senate at the conference on the disagree- Conference agreement ing votes of the two House on the amend- ate provision with an amendment. It is the intent of the Conference Commit- The conference agreement adopts the ment of the Senate to the bill (H.R. 3874) to reauthorize the Child Nutrition and Special tee that schools which have a requirement House provision with a technical amend- Supplemental Feeding program for Women, for food safety inspections, regardless of the ment. Infants and Children programs, submit the time frame, are in compliance with this pro- 6. ADMINISTRATION OF CHILD NUTRITION following joint statement to the House and vision. PROGRAMS BY FEDERAL REGIONAL OFFICES The Committee also understands that, in Senate in explanation of the effect of the ac- Present law certain localities, local offices of the State tion agreed upon by the managers and rec- The Secretary is required to administer ommended in the accompanying conference Health Department conduct voluntary health and safety inspections in schools. It is NSLA and CNA programs, other than the report: WIC program—i.e., withhold and administer The Senate amendment struck all of the the Committee’s interpretation of this provi- funds due a state for federally administered House bill after the enacting clause and in- sion that any such voluntary inspection per- programs—to the extent the Secretary has serted a substitute text. formed at least once a year fulfills the The House recedes from its disagreement school’s obligation to complete annual done so continuously since October 1980. If a to the amendment of the Senate with an health and safety inspections. state education agency is not permitted to pay funds to nonpublic schools, the Sec- amendment that is a substitute for the 4. SINGLE PERMANENT AGREEMENTS BETWEEN retary must take over administration and House bill and the Senate amendment. The STATE AGENCIES AND SCHOOL FOOD AUTHORI- payment for nonpublic schools. [Sec. 10 of differences between the House bill, the Sen- TIES the NSLA & Sec. 5 of the CNA.] ate amendment and the substitute agreed to Present law in conference are noted below, except for House bill No provision. clerical corrections, conforming changes No provision. made necessary by agreements reached by House bill Senate amendment the conferees, and minor drafting and cleri- Requires single agreements between state cal changes. agencies and school food authorities operat- Ends the requirement that the Secretary administer NSLA and CNA programs—effec- EXPLANATION OF THE CONFERENCE ing multiple child nutrition programs tive September 30, 2001. However, the Sec- AGREEMENT (school meal programs, summer programs, retary may extend federal administration for 1. PROVISION OF COMMODITIES and child care food programs)—to the extent up to 2 years if a state (1) demonstrates that Present law that a single state agency administers the programs involved. The agreements are to be it will not be able to take responsibility for Permanently appropriated ‘‘Section 32’’ permanent, but may be amended as nec- the program involved and (2) submits a plan funds are required to be used to pay, in cash, essary. [Sec. 102(b)] describing when and how it will assume ad- for any shortfall in states’ commodity enti- ministrative responsibility. Deletes the re- Senate amendment tlement, and this money is exempt from quirement that the Secretary take over ad- state matching requirements. [Sec. 6(c) & (d) No provision. ministration for nonpublic schools. Requires of the NSLA] Conference agreement the provision of training and technical as- House bill The conference agreement adopts the sistance to states assuming administrative Deletes out-of-date provisions of current House provision, with a technical amend- responsibility for NSLA/CNA programs. [Sec. law regarding payments for commodity enti- ment. 104 and Sec. 201] H9688 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Conference agreement House bill House bill The conference agreement adopts the Permits the Secretary to vary payment Requires that schools located in the con- House position. rates under the Summer Food Service pro- tiguous U.S. and participating in school 7. SCHOOLS’ ELIGIBILITY UNDER ‘‘PROVISION 2’’ gram for Alaska, Hawaii, and outlying areas meal programs purchase—to the extent prac- Present law to reflect cost differences. [Sec. 104(a)] ticable—only ‘‘food products that are pro- duced in the United States.’’ ‘‘Food products ‘‘Provision 2’’ schools opt to serve free Senate amendment that are produced in the United States’’ are meals to all students for a 3-year period Same as the House bill, with technical dif- defined as: (1) unmanufactured food products (without the normally required annual fam- ferences. [Sec. 107] grown or produced in the U.S. and (2) food ily income eligibility determinations) and Conference agreement products that are manufactured in the U.S. are responsible for any extra costs. State The conference agreement adopts the Sen- substantially from agricultural products agencies may extend this term by 2 years if ate provision with technical amendments. grown or produced in the U.S. Also requires socio-economic data show that the school’s that ‘‘recipient agencies’’ in Hawaii purchase family income profile has remained stable. 10. CRIMINAL PENALTIES food products grown in Hawaii in sufficient After a 2-year extension, subsequent exten- Present law quantities to meet school meal program sions of 5 years each may be allowed if the Federal fines that may be imposed on needs. [Sec. 104(b)] school’s family income profile has remained those found to have embezzled, willfully mis- stable. [Sec. 11(a)(1) of the NSLA] applied, stolen, or obtained by fraud funds, Senate amendment House bill assets, or property subject to a grant or Same as the House bill—except for (1) tech- nical differences and (2) the House provision Requires that ‘‘provision 2’’ schools be eli- other form of assistance under the NSLA or requiring purchases of foods grown in Ha- gible for an initial 4-year period, with added the CNA are limited to $10,000 (where the waii. [Sec. 111] 4-year extensions if socio-economic data value is $100 or more). [Sec. 12(g) of the show that the school’s family income profile NSLA] Conference Agreement has remained stable. [Sec. 103(a)] House bill The conference agreement adopts the Senate amendment Increases the limit on fines imposed for House provision with a technical amend- Same as the House bill. [Sec. 105] WIC program violations to $25,000. [Sec. ment. The conferees bill incorporates language Conference agreement 202(s)] Senate amendment similar to that proposed by the U.S. Depart- The conference agreement follows the ment of Agriculture which requires schools House bill and the Senate amendment, with Increases the limit on fines for all NSLA in the contiguous States participating in the an amendment directing the provision of and CNA violations to $25,000. [Sec. 108] National School Lunch and Breakfast Pro- grants to states to help schools seeking to Conference agreement grams to purchase, whenever possible, only apply for provision 2 or provision 3 status. The conference agreement adopts the Sen- food products that are produced in the The conferees change the initial and exten- ate provision. United States for those programs. sion periods to 4 years each for ‘‘provision 2 Although Hawaii is exempt from ‘‘Buy schools.’’ The new time frames are applica- 11. GRANTS FOR FOOD AND NUTRITION CURRICULA INTEGRATION PROJECTS American’’ provisions, the bill eliminates ble for schools upon initial application and, this exemption with respect to food products for those schools already utilizing this provi- Present law that are produced in Hawaii in sufficient sion, upon application for extension. Grants in support of projects that inte- quantities to meet the needs of meals pro- 8. ROUNDING ADJUSTMENTS TO FEDERAL grate food and nutrition education into ele- vided under the school lunch and breakfast PAYMENT RATES mentary school curricula are authorized programs. Present law through FY1998. [Sec. 12(m) of the NSLA] Finally, the bill includes a definition of When annual inflation adjustments are House bill ‘‘food products that are produced in the made to federal payment rates for meals and No provision. United States.’’ The conferees included this definition for a variety of reasons. First, the snacks served under school meal programs Senate amendment and by day care centers under the CACFP, conferees determined it was important to as- Extends authority for grants for food and the resultant rates for free and reduced-price sist local schools in determining which prod- nutrition curricula integration projects meals/snacks served to lower-income chil- ucts qualify under this new requirement. through FY2003. [Sec. 109] dren are rounded to the nearest quarter cent. Second, the conferees believe it is important Inflation-adjusted rates for ‘‘full-price’’ Conference agreement to make sure that ‘‘food products that are meals/snacks are rounded down to the near- The conference agreement adopts the Sen- produced in the United States’’ means prod- est whole cent. [Sec. 11(a)(3) of the NSLA] ate provision. ucts are produced ‘‘substantially’’ from agri- cultural products grown in the United 12. ADEQUATE MEAL SERVICE PERIODS House bill States. Under the ‘‘Buy American Act’’ sub- Requires that, when annual inflation ad- Present law stantially means over 51 percent from Amer- justments are made to federal payment rates No provision. ican products. However, the Department of for meals and snacks served under school House bill Agriculture has been using a definition of meal programs and by day care centers ‘‘food products that are produced in the No provision. under the CACFP, all resultant rates be United States’’ that includes products which rounded down to the nearest whole cent. Senate amendment are canned and labeled in the United States, This new rounding rule would affect rates Provides that schools participating in fed- but may have 100 percent foreign ingredi- paid beginning May 1, 1999. [Sec. 103(b)] eral school meal programs are encouraged to ents. By adding this definition, the bill Senate amendment establish meal service periods that provide serves both the needs of schools that pur- Same as the House bill, with technical dif- children with adequate time to fully con- chase these products and American agri- ferences. [Sec. 106] sume meals in a conducive environment. culture. Conference agreement [Sec. 110] The conferees do not intend to specify how Conference agreement this provision will be implemented by indi- The conference agreement follows the vidual schools nor do the conferees expect House bill with an amendment to change the The conference agreement adopts the House position. the Secretary to issue regulations or guid- effective date to July 1, 1999. ance to schools specifying how this provision The Conference Committee intends that, The Conference Committee believes that will be implemented. under this section, reimbursements for all the benefits derived from meals provided in breakfasts, including severe need breakfasts, schools depend to a considerable extent on 14. PROCUREMENT CONTRACTS will, when adjusted for inflation, be rounded the environment in which they are provided Present law down to the nearest whole cent. and consumed, and that school administra- No provision. tors and the entire school community play 9. FEDERAL PAYMENT RATES UNDER THE SUM- House bill MER FOOD SERVICE PROGRAM FOR ALASKA, an essential role in assuring that children re- No provision. HAWAII, AND OUTLYING AREAS ceive the full benefit of such meals. Accord- ingly, the conferees call on the Secretary to Senate amendment Present law encourage schools to make every effort to es- When acquiring goods/services using NSLA/ Federal payment rates for meals/snacks tablish meal service periods that provide CNA funds, allows states, state agencies, and served under the Summer Food Service pro- children adequate time to fully consume schools to contract with those who have pro- gram may not be varied for Alaska, Hawaii, their meals and to provide an environment vided assistance in drafting the contract and outlying areas. Rates for meals/snacks conducive to eating those meals. specifications. [Sec. 112] served under other child nutrition programs 13. BUY AMERICAN PROVISION may be varied for Alaska, Hawaii, and outly- Conference agreement ing areas to reflect cost differences. [Sec. Present law The conference agreement adopts the Sen- 12(f) of the NSLA] No provision. ate provision with an amendment to limit October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9689 permission to award contracts to persons Conference agreement Conference agreement who have provided specification information The conference agreement follows the The conference agreement follows the and to clarify that this provision does not House bill and the Senate amendment. House bill and the Senate amendment. apply to the WIC program. 16. SUMMER FOOD SERVICE PROGRAM: MEAL 20. SUMMER FOOD SERVICE PROGRAM: REGISTRA- The Conference Committee intends for this PREPARATION BY PRIVATE NONPROFIT ORGA- TION OF FOOD SERVICE MANAGEMENT COMPA- provision to encourage Child Nutrition pro- NIZATIONS gram administrators to obtain information NIES from as many sources as possible. This provi- ORGANIZATIONS Present law sion is not intended to prevent a program Present law States are required to register food service from participating in group purchasing ar- Private nonprofit Summer Food Service management companies that wish to con- rangements or prevent program administra- program sponsors must prepare their own tract with Summer Food Service program tors from, where permitted, forming pur- meals/snacks or obtain meals/snacks from a sponsors. Registration must include: (1) cer- chasing cooperatives. This provision is not public facility (e.g., a school). [Sec. tification that the company meets health, intended to allow a potential contractor or 13(a)(7)(B) of the NSLA] safety, and sanitation standards, (2) disclo- other interested party to participate in the House bill sure of past and present owners, (3) records procurement process through drafting the of contract terminations or disallowances procurement specification, procedures or Eliminates the requirement that private and sanitary code violations, and (4) address- documents. nonprofit sponsors prepare their own meals/ es of the company’s food preparation sites. In addressing the procurement actions by a snacks or obtain meals/snacks from a public Companies cannot be registered if they lack school food service authorities or other sub- facility. [Sec. 105(a)] administrative/financial capability or have grantees, the conferees expect the Depart- Senate amendment been seriously deficient in their participa- ment to implement its responsibilities, in its Same as the House bill, with technical dif- tion in the program. The Secretary is re- pending rulemaking and administration of ferences. [Sec. 113(b)] quired to maintain a record of all registered program authorities with generous deference Conference agreement companies. [Sec. 13(l) of the NSLA] to the discretion of State and local authori- House bill ties especially when dealing with State and The conference agreement follows the Allows states to register food service man- local procurement laws and regulations. House bill and the Senate amendment. agement companies. Eliminates current-law State and local authorities, not the federal 17. SUMMER FOOD SERVICE PROGRAM: ‘‘INDICA- stipulations as to what registration must in- government bear responsibility for the cost TION OF INTEREST’’ REQUIREMENT FOR PRI- clude. Eliminates the current-law require- of such subgrantee procurements. The con- VATE NONPROFIT ORGANIZATIONS ment that the Secretary maintain a list of ferees expect the Secretary to implement Present law registered companies. [Sec. 105(c)] procurement rules to allow purchase of lo- Private nonprofit Summer Food Service Senate amendment cally produced products to the extent prac- program sponsors are only allowed to par- ticable. ticipate in areas where school or other public Same as the House bill. [Sec. 113(b)] The Conferees are especially concerned sponsors have not indicated an interest in Conference agreement that no situation arise in which federal au- running a summer program by March 1st of The conference agreement follows the thorities require State or local school food each year. [Sec. 13(a)(7)(B) of the NSLA] House bill and the Senate amendment. service authorities to issue Requests for Pro- House bill posals in such a prescriptive form as to in- 21. SUMMER FOOD SERVICE PROGRAM: hibit innovation that might improve service Eliminates the March 1st ‘‘indication of in- REAUTHORIZATION or reduce costs for the local school food serv- terest’’ requirement for private nonprofit Present law sponsors. [Sec. 105(a)] ice authority. Similarly, the Conferees ex- Appropriations for the Summer Food Serv- pect the Department to assure that it exer- Senate amendment ice program are authorized through FY1998. cises all the flexibility available to it in Same as the House bill. [Sec. 113(b)] [Sec. 13(q) of the NSLA] order to avoid unnecessary expense to school Conference agreement House bill districts when they implement federal re- quirements. The conference agreement follows the Extends the appropriations authorization The great success of the National School House bill and the Senate amendment. through FY2003. [Sec. 105(d)] Lunch and Breakfast Programs is primarily 18. SUMMER FOOD SERVICE PROGRAM: ‘‘OFFER Senate amendment due to the interwoven responsibilities for, VS. SERVE’’ RESTRICTIONS Same as the House bill. [Sec. 113(c)] and commitment to, the mission of those Present law Conference agreement programs by federal, State, and local au- School food authorities participating in thorities. Through its oversight functions, The conference agreement follows the the Summer Food Service program may per- House bill and the Senate amendment. Congress intends to assure that federal pro- mit children attending a site on school prem- gram responsibilities are executed in a man- The conferees intend that the removal of ises operated directly by the authority to refuse barriers to participation by private non-prof- ner that respects the role of State and local one or more meal items without affecting food service authorities. The Department it sponsors will increase access of low in- federal payments made for the meal. [Sec. come children to nutritious meals during the should be prepared to promptly and fully ac- 13(f)(7) of the NSLA] count to the Committees of jurisdiction for summer months when they are not in school. each instance in which federal authorities House bill However, because of past problems, the Com- address a matter of a subgrantee procure- Allows school food authorities sponsoring mittees of jurisdiction will closely monitor ment. summer programs to permit children to the performance of private non-profit spon- sors once these restrictions have been re- 15. SUMMER FOOD SERVICE PROGRAM: LIMITS ON refuse one or more meal items without af- moved. Should past abuses be repeated, the THE NUMBER OF SITES AND CHILDREN SERVED fecting federal payment—without regard to Committees will move swiftly to reinstate BY PRIVATE NONPROFIT ORGANIZATIONS whether they are attending a site on school premises operated directly by the authority. these barriers. Present law [Sec. 105(b)] 22. COMMODITY DISTRIBUTION: Private nonprofit Summer Food Service Senate amendment REAUTHORIZATION program sponsors are limited to five urban sites and 20 rural sites. They also are limited No provision. Present law to serving not more than a total of 2,500 chil- Conference agreement The Secretary is required to use perma- dren (with not more than 300 at any one site, The conference agreement adopts the nently appropriated funds available under unless a waiver is granted to serve up to 500 House provision. ‘‘Section 32’’ of the Act of August 24, 1935, children). [Sec. 13(a)(7)(B) of the NSLA] and funds available to the Commodity Credit 19. SUMMER FOOD SERVICE PROGRAM: USE OF House bill Corporation (CCC) to purchase agricultural FOOD SERVICE MANAGEMENT COMPANIES commodities needed to maintain annually Increases the limit on sites operated by Present law programmed levels of commodity assistance private nonprofit sponsors to 25 (with no var- Private nonprofit Summer Food Service for programs under the NSLA, the CNA, and iation between urban and rural sites). Elimi- program sponsors may not contract with the Older Americans Act. This requirement nates the limit (2,500) on the total number of food service management companies. [Sec. expires at the end of FY1998. [Sec. 14(a) of children served by a private nonprofit spon- 13(l) of the NSLA] the NSLA] sor. Retains per-site limits on the number of children served by a private nonprofit spon- House bill House bill sor (300, or 500 if a waiver is granted). [Sec. Eliminates the bar against private non- Extends the requirement to use Section 32 105(a)] profit sponsors contracting with food service and CCC funds to maintain commodity as- Senate amendment management companies. [Sec. 105(c)] sistance levels through FY2003. [Sec. 108] Same as the House bill, with technical dif- Senate amendment Senate amendment ferences. [Sec. 113(a)] Same as the House bill. [Sec. 113(b)] Same as the House bill. [Sec. 114] H9690 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Conference agreement for the CACFP. Also requires state agencies tions may participate in the CACFP if at The conference agreement follows the to conduct periodic site visits to private in- least 25% of the children enrolled (or 25% of House bill and the Senate amendment. stitutions in the CACFP that the agency de- licensed capacity) meet eligibility require- termines to have a high probability of pro- ments for free or reduced-price meals. These 23. CHILD AND ADULT CARE FOOD PROGRAM: gram abuse. [Sec. 115(d)] projects operate in Iowa and Kentucky, and LICENSING OF CENTERS Conference agreement authorization expires at the end of FY1998. Present law The conference agreement adopts the Sen- [Sec. 17(p) of the NSLA] CACFP centers must have federal, state, or ate provision. House bill local licensing or approval (or be complying 26. CHILD AND ADULT CARE FOOD PROGRAM: TAX Makes permanent (and clarifies that fund- with appropriate licensing/approval renewal EXEMPT STATUS ing is mandatory for) the two-state, for-prof- procedures). Where federal, state, or local it CACFP demonstration project. [Sec. licensing/ approval is not available, centers Present law 107(e)] may participate in the CACFP if they re- Private institutions that are ‘‘moving to- ceive funds under Title XX of the Social Se- ward compliance’’ with requirements for tax Senate amendment curity Act or otherwise demonstrate that exempt status may participate in the Extends the two-state, for-profit CACFP they meet alternate licensing/approval CACFP. No time limit is placed on how long demonstration project through FY 2003, and standards. [Sec. 17(a)(1) of the NSLA] the institution can be ‘‘moving toward com- clarifies that funding for the project is man- pliance.’’ [Sec. 17(d)(1) of the NSLA] House bill datory. [Sec. 115(f)] House bill Revises licensing/approval conditions for Conference agreement Permits a private institution moving to- CACFP centers by (1) removing requirements The conference agreement adopts the ward compliance with requirements for tax that schools operating programs under the House provision. exempt status to participate in the CACFP CACFP meet any child care licensing/ap- for not more than 6 months, unless it can 30. CHILD AND ADULT CARE FOOD PROGRAM: proval standards, (2) allowing institutions demonstrate that its inability to obtain tax PROGRAMS FOR HOMELESS CHILDREN that—are (a) located where federal, state, or exempt status is beyond its control—in Present law local licensing/approval is not required and which case the state agency may grant a sin- Under the Homeless Children Nutrition (b) provide care to school children outside of gle extension not to exceed 90 days. [Sec. program, public and private nonprofit enti- school hours—to participate in the CACFP 107(c)] ties selected by the Secretary receive pay- as long as the institution meets state and Senate amendment ments for free food service provided to chil- local health and safety standards. Also de- dren under age 6 in emergency shelters. In letes permission to participate in the CACFP Same as the House bill, with technical dif- addition, eligible summer program sponsors under licensing/approval requirements if the ferences. [Sec. 115(e)] can include those conducting regularly center receives Title XX funds. [Sec. 107(a)] Conference agreement scheduled food service primarily for home- The conference agreement adopts the Sen- Senate amendment less children (age 18 or under or who are ate provision. Same as the House bill, except that the handicapped of any age). [Sec. 17B and sec. permission to participate if a center receives 27. CHILD AND ADULT CARE FOOD PROGRAM: 13(a)(3) of the NSLA] INCOMPLETE APPLICATION NOTICE Title XX funds is retained. [Sec. 115(b)] House bill Present law Conference agreement Deletes current-law provisions for pay- If an institution wishing to participate in The conference agreement adopts the ments for food service to homeless children. the CACFP submits an incomplete applica- House provision. Replaces current-law provisions with author- tion, the state agency must notify it within The Conference Committee does not intend ity for public and private nonprofit emer- 15 days of receipt of the application. [Sec. gency homeless shelters meeting state or to disqualify any institution which origi- 17(d)(1) of the NSLA] nally qualified under Title XX of the Social local health and safety standards to partici- Security Act. House bill pate in the CACFP. Free meals and snacks Deletes the incomplete application notifi- 24. CHILD AND ADULT CARE FOOD PROGRAM: would be provided to homeless children re- cation requirement. [Sec. 107(c)] ELIGIBILITY OF EVEN START PARTICIPANTS siding in participating shelters—through age Senate amendment 12. Payments (at free meal/snack rates) Present law Same as the House bill. [Sec. 115(e)] would be provided for three meals or two Children who have not entered kinder- Conference agreement meals and a snack per child per day. [Sec. garten and are enrolled as participants in 107(f) & sec. 201(a)] the Even Start program must be considered The conference agreement follows the Senate amendment automatically (‘‘categorically’’) eligible for House bill and the Senate amendment. The conferees understand that an institu- ‘‘benefits’’ under the CACFP. This require- Same as the House bill, with technical dif- tion must have feedback from the State as to ment expired September 30, 1997. [Sec. ferences. [Sec. 116 and Sec. 202(a)] whether the application is complete. There- 17(c)(6) of the NSLA] Conference agreement fore, the conferees encourage State agencies House bill to respond to institutions, in a timely fash- The conference adopts the Senate bill with Extends automatic CACFP eligibility for ion, as to the completeness of an application. an amendment to include children older than 12 if they are migrants or disabled. Even Start participants through FY2003. 28. CHILD AND ADULT CARE FOOD PROGRAM: SET- [Sec. 107(b)] ASIDE OF FUNDING FOR AUDITS 31. CHILD AND ADULT CARE FOOD PROGRAM: Senate amendment Present law MANAGEMENT SUPPORT Deletes provisions for automatic CACFP The Secretary is required to make avail- Present law eligibility for Even Start participants. [Sec. able to states 2% of CACFP funds for the No provision. 115(c)] purpose of conducting audits of participating House bill Conference agreement institutions. [Sec. 17(i) of the NSLA] No provision. House bill The conference agreement adopts the Senate amendment Reduces the set-aside of CACFP funding House provision with an amendment to make Requires the Secretary to provide training for audits from 2% to 1%. [Sec. 107(d)] the automatic eligibility of Even Start par- and technical assistance to help state agen- ticipants permanent. Senate amendment cies improve CACFP program management The conferees note that participants in the No provision. and oversight. To carry out this provision, Even Start family literacy program gen- Conference agreement requires that, for FY 1999 through FY 2003, erally have lower family incomes than those The conference agreement adopts the the Secretary reserve $1 million a year from families participating in the Head Start pro- House provision with an amendment to re- amounts made available for the CACFP. gram. Providing automatic eligibility for the duce the set-aside for audit to 1.5%, and to [Sec. 115(g)] children of these families places them on an 1% in 2005 through 2007 only. Conference agreement equal footing with Head Start participants. The Conference Committee included the The conference agreement adopts the Sen- 25. CHILD AND ADULT CARE FOOD PROGRAM: SITE 2005 through 2007 change in the set aside only ate provision. VISITS for the purpose of complying with budget The Department is to use the training and rules. It is the intention of the conferees Present law technical assistance funding provided under that the audit funds be restored before the No provision. the Child and Adult Care Food Program in 2005 deadline. House bill support of its current effort to improve pro- 29. CHILD AND ADULT CARE FOOD PROGRAM: gram integrity and quality and to deal with No provision. FOR-PROFIT CENTER DEMONSTRATION PROJECTS the increasing incidence of mismanagement Senate amendment Present law and fraud identified in the program. In addi- Requires state agencies to perform a site Two statewide demonstration projects are tion, it is to be used to help ensure proper visit to private institutions prior to approval authorized under which for-profit organiza- implementation of the family day care home October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9691 tiering requirements. It is critical that this House bill tion in school meal programs. This authority most significant change in Program struc- Removes the May 1989 participation re- expired July 31, 1998. [Sec. 18(i) of the NSLA] ture is fully understood and properly imple- quirement for schools’ eligibility. Requires House bill mented at all levels of Program administra- that eligible schools’ after-school programs Replaces current-law authority for pilot tion and that barriers to implementation are have an ‘‘educational or enrichment pur- projects to reduce paperwork and application identified and rectified. Specific uses of the pose.’’ Allows payments (varied by family in- and meal counting requirements and in- funding are to include development of tech- come) for snacks served to children through crease participation in school meal pro- nical assistance materials for program co- age 18. [Sec. 108] grams. operators and training of State agencies. Senate amendment Establishes discretionary authority for 32. CHILD AND ADULT CARE FOOD PROGRAM: pilot projects for free breakfasts served to Same as the House bill, except: (1) requires INFORMATION ABOUT THE WIC PROGRAM all elementary school students in participat- that eligible programs be ‘‘organized pri- Present law ing schools. marily to provide care’’ for children in after- Subject to the availability of advance ap- No provision. school settings; (2) retains current-law provi- propriations, requires the Secretary to make House bill sions (age limits and payments varied by grants, to up to five states, to conduct pilot No provision. family income) for children not living in a projects in elementary schools that would lower-income area; (3) provides payments for Senate amendment reduce paperwork, simplify meal counting free snacks served to children (through age requirements, and make changes that in- Requires the Secretary to provide state 18) who live in a lower-income area (i.e., crease participation in the School Breakfast CACFP agencies with information about the served by a school enrolling elementary program. WIC program. States agencies must ensure school students in which at least 50% are On their application, the Secretary would that participating day care centers and certified eligible for free or reduced-price select states for pilot project grants and homes receive the materials, that they are school meals. [Sec. 117] could waive NSLA & CNA requirements that provided periodic updates, and that parents Conference agreement would preclude making grants to conduct are provided the information at enrollment. projects. [Sec. 115(g)] The conference agreement adopts the Sen- The Secretary would be responsible, Conference agreement ate provision with an amendment to raise through the FNS, for an evaluation of the the age to 18 for means-tested snacks. The conference agreement adopts the Sen- projects—including determining their effect The inclusion of this language is meant to ate provision. on academic achievement, attendance, and ensure that children receiving this benefit dietary intake and the proportion of children 33. CHILD AND ADULT CARE FOOD PROGRAM: are participating in a program that provides PROGRAMS FOR ‘‘AT-RISK’’ CHILDREN who eat breakfast. An evaluation report is the types of activities known to help reduce required on completion of the projects. Present law or prevent involvement in juvenile crime. It States would apply for pilot project grants No provision. is not expected that support would be pro- and provide information relative to the oper- House bill vided to members of athletic teams and oth- ation and results of the pilots. States receiv- ers who are not participating in such activi- ing a pilot project grant would select and Allows institutions (schools and other pub- ties. lic or private nonprofit organizations) that make grants to school food authorities. In The Conference Committee intends that the selection of school food authorities, provide care to ‘‘at-risk’’ schoolchildren dur- children who turn age 19 during the school ing after-school hours, weekends, or holidays states would be required, to the extent prac- year continue to be eligible for reimburse- ticable, to provide for an equitable distribu- in the regular school year to receive CACFP ment. The Committee encourages the De- payments for snacks (one per child per day) tion among urban and rural schools and partment to give guidance to states on this schools with varying family income levels. served free to participating children. ‘‘At- issue. risk’’ schoolchildren are defined as those Participating school food authorities ages 12 through 18 living in an area served by 35. PILOT PROJECTS would (1) conduct a pilot project for 3 years, a school enrolling elementary students in Present law (2) ensure that some schools in their jurisdic- tion do not participate (for evaluation pur- which at least 50% are certified eligible for A ‘‘boarder baby’’ pilot project for food and poses), (3) agree to serve all breakfasts free free or reduced-price school meals. [Sec. nutrition services to homeless pregnant to participating children, and (4) meet any 107(g)] women and homeless mothers or guardians other requirements established by the Sec- of infants is required through FY1998. A pilot Senate amendment retary. School food authorities with a his- project to provide meals and snacks to ado- Same as the House bill, except for tech- tory of NSLA or CNA violations would be lescents participating in programs outside of nical differences and: (1) participating insti- barred from participation. tutions must be ‘‘organized primarily to pro- school hours is authorized through FY1998. A Participating school food authorities vide care to at-risk schoolchildren’’; (2) ‘‘at- pilot project to offer students additional would receive payments for each breakfast risk’’ schoolchildren are defined so as to in- choices of fruits, vegetables, cereals, and at the basic free rate, and also would receive clude those below age 12. [Sec. 115 (a) & (g)] grain-based products (including organically commodities valued at 5 cents a meal (de- produced products) was authorized through Conference agreement ducted from their cash payments). FY1997. A pilot project to offer students ad- The total amount received by a participat- The conference agreement adopts the Sen- ditional choices of low-fat dairy products ate provision with an amendment requiring ing school would be funded with payments and lean meat and poultry products (includ- under the regular School Breakfast program that assisted programs serve an educational ing organically produced products) was au- or enrichment purpose. equal to that in the prior year, adjusted for thorized through FY1997. [Sec. 18(c), (e), (h), inflation and enrollment changes, plus The conferees include language requiring & (i) of the NSLA] the after-school programs to provide edu- amounts derived from any appropriations cation and enrichment for children. The in- House bill made to carry out the pilot project. Such sums as are necessary are authorized clusion of this language is meant to ensure No provisions. to carry out the pilot projects, and amounts that children receiving this benefit are par- Senate amendment must be specifically provided in appropria- ticipating in a program that provides the Extends the requirement to operate a tions Acts. [Sec. 109] types of activities known to help reduce or ‘‘boarder baby’’ pilot project through FY2003. Senate amendment prevent involvement in juvenile crime. It is Deletes authority for a pilot project for ado- Deletes current-law authority for pilot not expected that support would be provided lescents in after-school programs. Deletes projects to reduce paperwork and application to members of athletic teams and others who authority for a pilot project involving addi- and meal counting requirements and in- are not participating in such activities. tional choices of fruits, vegetables, cereals, crease participation in school meal pro- The Conference Committee intends that and grain-based products. Deletes authority grams. children who turn age 19 during the school for a pilot project involving additional year be eligible for reimbursement. The Requires the Secretary to make grants for choices of low-fat dairy products and lean pilot projects for free breakfasts served to Committee encourages the Department to meat and poultry products. [Sec. 118] give guidance to states on this issue. all elementary school students in participat- Conference agreement ing schools. 34. CHILDREN IN AFTER-SCHOOL CARE The conference agreement adopts the Sen- For school years 1999-2000, 2000-2001, and Present law ate provision with an amendment to delete 2001-2002, requires the Secretary to make Schools operating school lunch programs authority for the boarder baby pilot project. grants to state agencies to conduct pilot and sponsoring after-school care programs projects in elementary schools in up to six 36. SCHOOL BREAKFAST PILOT PROJECTS may receive payments (varied by family in- school food authorities that would reduce pa- come) for snacks served to children through Present law perwork, simplify meal counting require- age 12 (or age 15 in the case of migrant or Pilot projects are authorized to reduce pa- ments, and evaluate the effect of providing handicapped children). Only schools partici- perwork and application and meal counting free breakfasts (without regard to family in- pating in the CACFP on May 15, 1989 are eli- requirements in school meal programs and to come) on participation, academic achieve- gible. [Sec. 17A of the NSLA] make changes that will increase participa- ment, attendance, and dietary intake. H9692 CONGRESSIONAL RECORD — HOUSE October 6, 1998 State agencies would nominate school food Senate amendment appropriations (such sums as necessary) authorities for the Secretary’s approval as Increases the mandatory annual funding through FY2003. [Sec. 113] pilot projects. for the Food Service Management Institute Senate amendment The Secretary would approve school food to $3 million a year. [Sec. 121] Same as the House bill, except for tech- authorities for participation and could waive nical differences. No specific provision au- NSLA & CNA requirements that would pre- Conference agreement thorizing appropriations is included. [Sec. clude making grants to conduct projects. The conference agreement adopts the Sen- 124] Projects would be selected so as to provide ate provision. (1) an equitable distribution of projects 39. COMPLIANCE AND ACCOUNTABILITY Conference agreement among urban and rural schools, (2) an equi- Present law The conference agreement adopts the table distribution of projects among schools House provision with technical amendments. Appropriations of $3 million a year are au- with varying family income levels, and (3) thorized for a ‘‘unified accountability sys- 42. STATE ADMINISTRATIVE EXPENSE FUNDS: 10% evaluation of projects to distinguish the ef- tem’’ (also called the ‘‘coordinated review ef- TRANSFER LIMITATION fects of the projects from other factors (e.g., fort,’’ or CRE) for ensuring compliance with Present law changes or differences in educational policies the NSLA. This authorization expired at the or programs). Funds made available for state administra- The Secretary would be responsible, end of FY1996. [Sec. 22 of the NSLA] tive expenses (including state administrative through the FNS, for an evaluation of the House bill expense funding related to the Summer Food projects—including determining their effect Extends the appropriations authorization Service program) must be used for the cost on academic achievement, attendance, die- for the unified accountability system (CRE) of administering the programs for which the tary intake, the proportion of children stu- through FY2003. [Sec. 111] money was allocated. However, state agen- cies may transfer up to 10% of an allocation dents who eat breakfast, and the paperwork Senate amendment required of schools. An evaluation report is to other programs. [Sec. 7(a)(6) of the CNA] Same as the House bill. [Sec. 122] required on completion of the projects. House bill States would apply for pilot project grants, Conference agreement Removes the 10% limit on transferring ad- distribute the grants, and provide informa- The conference agreement follows the ministrative expense funding among pro- tion relative to the operation and results of House bill and the Senate amendment. grams. State agencies would be able to use the pilots. 40. INFORMATION CLEARINGHOUSE administrative expense funds without regard Participating school food authorities Present law to the basis on which they were allocated. would (1) conduct a pilot project for 3 years, [Sec. 201(b)] (2) have under their jurisdiction a sufficient The Secretary is required to contract with number of schools that are not participating a non-governmental organization to estab- Senate amendment in the project to permit evaluation, (3) agree lish and maintain an information clearing- Same as the House bill. [Sec. 202(b)] to serve all breakfasts free to participating house for non-governmental groups that as- Conference agreement children, and (4) meet any other require- sist low-income persons and communities The conference agreement follows the ments established by the Secretary. School with regard to food assistance and self-help House bill and the Senate amendment. food authorities with a history of NSLA or activities to improve the lives of low-income 43. STATE ADMINISTRATIVE EXPENSE FUNDS: CNA violations would be barred from partici- persons and reduce reliance on government REAUTHORIZATION pation. agencies for food and other aid. Mandatory Participating school food authorities funding ($100,000) ends with FY1998. [Sec. 26 Present law would receive payments for each breakfast of the NSLA] Appropriations for state administrative ex- at the basic (or ‘‘severe-need’’) rate for free House bill penses are authorized through FY1998. [Sec. breakfasts. The total amount received by a 7(g) of the CNA] Allows the Secretary to contract with any participating school would be funded with organization previously contracted with House bill payments under the regular School Break- without competition, if the organization has Extends the authorization of appropria- fast program equal to that in the prior year, performed satisfactorily under the prior con- tions for state administrative expenses adjusted for inflation and enrollment tract. Allows the Secretary to provide a con- through FY2003. [Sec. 201(c)] changes, plus amounts derived from the tracting organization up to $150,000 a year added mandatory funding provided for the Senate amendment through FY2003. Changes the requirement for pilot projects. Same as the House bill. [Sec. 202(c)] mandatory funding to an authorization of Funding of $20 million is required to be appropriations. [Sec. 112] Conference agreement provided for the pilot projects—not more The conference agreement follows the than $12 million of which would be available Senate amendment House bill and the Senate amendment. for evaluation purposes. [Sec. 119] Increases and extends mandatory funding 44. THE WIC PROGRAM: CERTIFICATION PERIOD Conference agreement for the information clearinghouse contract FOR INFANTS The conference agreement adopts the Sen- to $166,000 a year through FY2003. [Sec. 123] ate provision with technical difference and Conference agreement Present law an amendment to fund the pilot out of dis- The conference agreement adopts the Sen- No provision. cretionary funds. ate provision. House bill 37. TRAINING AND TECHNICAL ASSISTANCE 41. SPECIAL DIETARY NEEDS OF INDIVIDUALS No provision. Present law WITH DISABILITIES Senate amendment Appropriations of $1 million a year are au- Present law Requires that infants be certified, relative thorized for training activities and technical The Secretary (in consultation with the to income only, every 180 days. This require- assistance to improve skills of those em- Attorney General and the Secretary of Edu- ment would not apply to those who are ‘‘pre- ployed in food service programs under the cation) is required to develop and approve sumptively’’ eligible because of receipt of NSLA and the CNA. This authorization ex- guidance for accommodating the medical public assistance benefits (e.g., food stamps, pires at the end of FY1998. [Sec. 21(e)(1) of and special dietary needs of disabled children Medicaid). [Sec. 203(a)] the NSLA] in programs under the NSLA and the CNA. Conference agreement House bill Subject to the availability of appropriations, The conference agreement adopts the Extends the appropriations authority for the Secretary is required to make competi- House position. training and technical assistance through tive grants to state agencies to assist with 45. THE WIC PROGRAM: PHYSICAL PRESENCE FY2003. [Sec. 110] nonrecurring expenses incurred in accommo- REQUIREMENT Senate amendment dating the medical and special dietary needs Present law Same as the House bill. [Sec. 120] of disabled children. Annual appropriations of $1 million are authorized through FY1998. Conference agreement No provision. [Sec. 27 of the NSLA] The conference agreement follows the House bill House bill and the Senate amendment. House bill Requires that all applicants be physically 38. FOOD SERVICE MANAGEMENT INSTITUTE Replaces expiring current-law provisions present at each certification determination. with authority for the Secretary to carry out Local agencies could waive this requirement: Present law activities to help accommodate the special (1) where there is a conflict with the Ameri- Annual funding ($2 million a year) is re- dietary needs of individuals with disabilities cans with Disabilities Act, (2) if it would quired to be provided for a national Food participating in programs under the NSLA present a barrier to participation by a child Service Management Institute. [Sec. 21(e)(2) and the CNA. The activities may include de- who was present at the initial certification of the NSLA] veloping and disseminating guidance and and is receiving ongoing health care from a House bill technical assistance materials, conducting non-WIC provider, or (3) if it would present a No provision. training, and providing grants. Authorizes barrier to participation by a child who was October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9693 present at the initial certification, was House bill Senate amendment present at a certification determination in Permits the Secretary to provide, in bulk Same as the House bill, with technical dif- the last year, and has working parents. [Sec. quantity, nutrition education materials de- ferences. [Sec. 203(h)] 202(a)(1)] veloped under the WIC program to state Conference agreement Senate amendment agencies administering the Commodity Sup- The conference agreement follows the Same as the House bill, with technical dif- plemental Food program—at no cost to that House bill and the Senate amendment. ferences. [Sec. 203(b)] program. [Sec. 202(c)] The Conference Committee recognizes that Conference agreement Senate amendment WIC helps to assure normal growth in chil- dren, reduces levels of anemia, increases im- The conference agreement adopts the Same as the House bill, with technical dif- munization rates, provides better access to House provision with a technical amend- ferences. [Sec. 203(c)] ment. regular health care and improves diets. WIC Regarding the physical presence require- Conference agreement blood work testing is an important factor in ment, the Committee acknowledges that The conference agreement follows the determining the health progress of children physical presence at the WIC clinic allows House bill and the Senate amendment. in the WIC program. WIC blood work testing participants to fully take advantage of all The Committee intends that these mate- is currently required at certification, which the benefits offered through WIC. The WIC rials come from already existing materials. generally does not coincide with the usual Program has played a critical role in in- 49. THE WIC PROGRAM: VARIETY OF FOODS schedule of well-child pediatric care visits. creasing immunization rates among young REQUIREMENT This results in enrollment and re-certifi- cation delays, duplicated testing and extra children, primarily due to its role as a gate- Present law way to health services. Notwithstanding the physical visits. importance of physical presence, the Com- No provision. The Committee is concerned over the delay mittee wishes to stress that in the imple- House bill in publishing final regulations on the coordi- nation of blood work requirements between menting this provision, WIC agencies must No provision. develop flexible policies. Such policies the WIC schedule and the Center for Disease Senate amendment should assure that medically fragile individ- Control and Prevention’s periodicity sched- uals are not required to come in to the clinic Requires states using a retail purchase sys- ule. The Committee expects a final rule to be if doing so would exacerbate their illness. In tem to develop a plan to limit participation published no later than 6 months after the addition, WIC agencies are encouraged to by stores to those that offer a variety of amendments made to the Child Nutrition continue offering early morning and late foods (as determined by the Secretary). [Sec. Act of 1966 are enacted. evening appointments to accommodate the 203(d)] The Committee understands that the De- schedules of working parents. The conferees Conference agreement partment of Agriculture’s Food and Nutri- do not intend the waiver authority author- tion Service, the WIC directors, the Center The conference agreement adopts the for Disease Control and Prevention’s Na- ized in this section to be applied to two par- House position. ent families with only one working parent. tional Immunization Program and others 50. THE WIC PROGRAM: PARTICIPANTS AT MORE have been working to collaboratively pro- 46. THE WIC PROGRAM: INCOME DOCUMENTATION THAN ONE SITE mote and support a coordinated strategic ap- AND VERIFICATION Present law proach for linking pre-school immunization Present law and WIC services on the Federal, State and No provision. No provision. local level. The Committee urges the Depart- House bill House bill ment, working with WIC directors, the CDC’s Requires that all applicants provide docu- Requires each state agency to implement a National Immunization Program and others, mentation of household income or participa- system designed to identify recipients who to move expeditiously to complete this effort tion in a public assistance program. State are participating at more than one site. [Sec. which should address certain areas of con- agencies could waive this requirement: (1) 202(d)] cern including: funding, methodologies, and for applicants for whom the necessary docu- Senate amendment valid measurements of process and outcome. mentation is not available and (2) for appli- The Committee also recognizes the impor- Same as the House bill with technical dif- tance of addressing the ethnic and cultural cants (such as homeless persons) for whom it ferences. [Sec. 203(f)] would present a barrier to participation. The eating patterns of WIC participants and Secretary would be required to prescribe reg- Conference agreement strongly endorses the Department’s current ulations to carry out the income documenta- The conference agreement adopts Senate effort to provide guidelines to local agencies tion requirement. [Sec. 202(a)(2)] provision. regarding food substitutions to accommo- date ethnic and cultural eating patterns. Senate amendment 51. THE WIC PROGRAM: HIGH RISK VENDORS Such guidelines should assure that the food Same as the House bill except for technical Present law substitutions will accommodate the supple- differences and an added requirement that No provision. mental nutritional needs of WIC partici- the Secretary issue regulations prescribing House bill pants. The Committee urges the Department when and how verification of income will be to proceed expeditiously to complete its required. [Sec. 203(b)] Requires each state agency to identify ven- final guidelines regarding this matter. Conference agreement dors that have a high probability of program The conferees are aware of the increasing abuse and conduct compliance investigations The conference agreement adopts the amount of scientific evidence indicating the of these vendors. Final regulations imple- House provision with a technical amend- positive health benefits of fresh fruit and menting this requirement would be due by ment. vegetable consumption. These benefits are March 1, 1999. [Sec. 202(e)] 47. THE WIC PROGRAM: EDUCATION AND MATE- already enjoyed by participants in the WIC RIALS RELATING TO DRUG AND ALCOHOL USE Senate amendment Farmer’s Market Nutrition program. Accord- ingly, the conferees encourage the Secretary Present law Same as the House bill, but does not in- clude a deadline for final regulations. [Sec. to consider carefully, including fresh fruits State agencies must ensure that nutrition and vegetables in the WIC food package. education and drug abuse education is pro- 203(g)] 53. THE WIC PROGRAM: PURCHASE OF BREAST vided to all pregnant, postpartum, and Conference agreement PUMPS breast-feeding women and to parents and The conference agreement adopts the Present Law caretakers of infants and child participants. House provision with an amendment to pro- [Sec. 17(e)(1) of the CNA] mulgate proposed rules by March 1, 1999 and State agencies may use nutrition services House bill final rules by March 1, 2000. and administration (NSA) funding to pur- chase breast-feeding aids, including breast Adds a requirement that local agencies 52. THE WIC PROGRAM: REAUTHORIZATION pumps. [Sec. 17(h) of the CNA] provide education or education materials re- Present law lating to the effects of drug and alcohol use House bill Appropriations for the WIC program are by pregnant, postpartum, or breast-feeding Beginning with FY2000, allows state agen- authorized through FY1998. Funding for nu- women on developing children. [Sec. 202(b)] cies to use funding provided for food to pur- trition services and administration (NSA) Senate amendment chase breast pumps. Includes a maintenance must be allocated on the basis of a formula of effort provision requiring state agencies No provision. prescribed by the Secretary—through exercising the authority to purchase breast Conference agreement FY1998. [Sec. 17(g)(1) and Sec. 17(h)(2)(A) of pumps with food funding to continue to The conference agreement adopts the the CNA] spend, from NSA funds, at least the amount House provision. House bill spent on breast pumps in the prior fiscal 48. THE WIC PROGRAM: DISTRIBUTION OF Extends the appropriations authorization year. [Sec. 202(g)] NUTRITION EDUCATION MATERIALS and the requirement for allocating NSA Senate amendment Present law funds through FY2003. [Sec. 202(f) and Sec. Same as the House bill, with technical dif- No provision. 202(h)(1)] ferences. [Sec. 203(i)] H9694 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Conference agreement retary to convert funding provided for food House bill The Conference agreement adopts the to use for NSA—with the Secretary’s ap- Requires state agencies to consider, in se- House provision with an amendment to de- proval. This removes the requirement that lecting approved retail stores, the prices the lete the maintenance of effort provision. the state agency achieve a participation in- store charges for WIC items compared to crease above the estimated level in order to 54. THE WIC PROGRAM: TECHNICAL AMENDMENTS other stores’ prices. Also requires state agen- earn the right to convert funds. [Sec 202(i)] Present Law cies to establish procedures to ensure that Senate amendment selected stores do not subsequently raise Current law includes a cross-reference to Same as the House bill. [Sec. 203(m)] prices to levels that would make them ineli- ‘‘subparagraph (I)(v),’’ which no longer ex- gible. Final regulations to carry out this new ists. Current law includes provisions relating Conference agreement The conference agreement follows the requirement would be due by March 1, 1999. to payments for breast-feeding support ac- [Sec. 202(l)] tivities that were effective only for FY1995 House bill and the Senate amendment. Senate amendment and FY1996. [Sec. 17(h)(2)(A)(iv) and Sec. 57. THE WIC PROGRAM: INFANT FORMULA 17(h)(3) of the CNA] PROCUREMENT No provision. House bill Present law Conference agreement No provision. No provision. The conference agreement adopts the Senate amendment House bill House provision with an amendment to pro- Requires state agencies to offer infant for- mulgate proposed rules by March 1, 1999 and Deletes out-of-date references and provi- final rules by March 1, 2000. sions. [Sec. 203(j) and Sec. 203(l)] mula rebate contracts to the bidder offering 60. THE WIC PROGRAM: MANAGEMENT Conference agreement the lowest net price, unless the state agency demonstrates to the satisfaction of the Sec- INFORMATION SYSTEMS The conference agreement adopts the Sen- retary that the weighted average retail price Present law ate provision. for different brands of formula in the state No provision. 55. THE WIC PROGRAM: LEVEL OF PER-PARTICI- does not vary by more than 5%. [Sec. 202(j)] House bill PANT EXPENDITURES ON NUTRITION SERVICES Senate amendment AND ADMINISTRATION Requires the Secretary to establish a long- Same as the House bill, except for an added Present Law range plan for developing and implementing provision that requires the Secretary, prior management information systems (including The Secretary may reduce a state agency’s to the issuance of infant formula contract electronic benefit transfer systems)—in con- nutrition services and administration (NSA) solicitations, to (1) review the solicitation to sultation with state agencies, retailers, and funding if its actual NSA expenditures ex- ensure that it does not contain any anti- other interested parties. A report to Con- ceed its per-participant NSA grant by more competitive provisions and (2) approve the gress on actions taken to carry out this re- than 15%. [Sec. 17(h)(2)(B)(ii) of the CNA] solicitation only if it contains no anti-com- quirement would be due not later than 2 House bill petitive provisions. [Sec. 203(n)] years from enactment. Prior to submission Reduces the threshold above which the Conference agreement of the report to Congress, the cost of systems Secretary may reduce a state agency’s NSA The conference agreement adopts the or equipment required to test systems (in- funding from 15% to 10% (except that the House provision. cluding electronic benefit transfer systems) Secretary may establish a higher percentage The conferees are greatly concerned over could not be imposed on retail food stores. for small agencies). [Sec. 202(h)(2)] the recent spate of protests and lawsuits [Sec. 202(m)] Senate amendment that have been initiated following the award Senate amendment by the States of the competitively bid infant Same as the House bill. [Sec. 203(p)] Same as the House bill. [Sec. 203(k)] formula contracts. These protests threaten Conference agreement the substantial savings the WIC program has Conference agreement The conference agreement follows the realized through infant formula rebates and The conference agreement adopts the Sen- House bill and the Senate amendment. can impose unwarranted litigation costs on ate provision with a technical amendment. Among the factors which influence small the states. These added costs and increased The Conference Committee understands state agency levels of per participant ex- resource burdens on the States reportedly that many WIC participants live on the bor- penditures are a much smaller caseload base have caused a number of States to avoid re- der between two states and may shop in both affecting a small state’s ability to absorb un- questing new competitive bids for infant for- States. It is the intent of the Committee anticipated changes such as the impact of mula and simply renew existing contracts that the Secretary, in consultation with welfare reform and other public policies, even though substantial savings could be other interested parties, develop operating changes in infant formula rebates and other achieved by requesting new bids. Although rules that permit interoperability among cost-containment initiatives, and retail in- the Senate bill language was not included in states. dustry food price wars. Staffing resources in the conference report, the conferees expect 61. THE WIC PROGRAM: USE OF FUNDS IN small states are limited such that small that the Department will continue to fully PRECEDING AND SUBSEQUENT FISCAL YEARS states agencies cannot proportionately re- utilize its existing authority to review infant Present law duce administrative costs to the same extent formula bid solicitations for the purpose of as larger state agencies in the event of fluc- avoiding inclusion of anti-competitive provi- State agencies may retain and ‘‘spend tuations in the participant base. sions in solicitations. back’’ up to 1% of a given year’s food grant to cover food costs incurred in the preceding When considering criteria for the estab- 58. THE WIC PROGRAM: INFRA-STRUCTURE AND fiscal year. lishment of a higher percentage for small BREAST-FEEDING SUPPORT AND PROMOTION state agencies for the level of per participant State agencies may retain and ‘‘spend for- FUNDING ward’’ up to 1% of a given year’s total grant expenditures, the conferees direct the Sec- Present law retary to consider the special and unique cir- for costs incurred in the subsequent fiscal The Secretary is required to use up to $10 cumstances affecting the delivery of services year. In addition, States achieving cost con- million a year of nutrition services and ad- to participants in programs administered by tainment savings may retain and spend for- ministration (NSA) funding that was not ob- small State WIC Agencies and Indian and ward up to 5% of the amount of their food ligated in the prior year for special infra- Native American State WIC agencies. The grant in the year the savings were achieved structure and breast-feeding support and Secretary should work closely with these and 3% for the second year. [Sec. 17(i)(3) of promotion projects. The requirement expires agencies in establishing a percentage for the the CNA] after FY1998. [Sec. 17(h)(10) of the CNA] level of per participant expenditures. The Secretary is required to use up to $10 House bill million a year of unobligated NSA funding 56. THE WIC PROGRAM: CONVERSION OF FOOD for special infrastructure and breast-feeding FUNDING TO NUTRITION SERVICES AND ADMIN- Extends the requirement to use up to $10 support and promotion projects. [Sec. ISTRATION million a year in unobligated NSA money for special infrastructure and breast-feeding 17(h)(10) of the CNA] Present Law support and promotion projects through House bill State agencies that achieve, through ac- FY2003. [Sec. 202(k)] Increases state agencies’ authority to ceptable measures, participation that ex- Senate amendment spend back funding by allowing them to ceeds the Secretary’s estimate may convert spend back up to 1% of their nutrition serv- funding provided for food to use for nutrition Same as the House bill. [Sec. 203(o)] ices and administration (NSA) grant to cover services and administration (NSA). [Sec. Conference agreement NSA costs incurred in the preceding fiscal 17(h)(5)] The conference agreement follows the year. House bill and the Senate amendment. House bill Replaces current spend-forward provisions. Allows state agencies that submit a plan 59. THE WIC PROGRAM: CONSIDERATION OF PRICE Allows state agencies to retain and spend to reduce average food costs per recipient LEVELS forward NSA funding (for NSA costs incurred and increase participation above the level es- Present law in the subsequent fiscal year) up to an timated for the state agency by the Sec- No provision. amount equal to 1% of their total grant. In October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9695 addition, state agencies could spend forward, against each vendor who has been repeatedly costs. A report to Congress would be due not from NSA funding, up to an amount equal to convicted of trafficking or illegal sales of later than 3 years after enactment. [Sec. 1/2% of their total grant for development of WIC food instruments. 202(q)] management information systems (including 63. THE WIC PROGRAM: USE OF RECOVERIES Senate amendment electronic benefit transfer systems) in the FROM VENDORS AND PARTICIPANTS Same as the House bill, except for tech- subsequent fiscal year. Present law nical differences and: (1) requires the GAO to Allows the Secretary to use unobligated conduct the study, and (2) a report to Con- food funds to meet the spending requirement State agencies may use funds, for program purposes, recovered as the result of viola- gress would be due no later than 2 years after for infrastructure and breast-feeding enactment. [Sec. 203(u)] projects—in addition to unobligated NSA tions in the food delivery system of the pro- funds. [Sec. 202(n)] gram in the year in which the funds are col- Conference agreement lected. [Sec. 17(f)(21) of the CNA] Senate amendment The conference agreement adopts the House bill House provision with an amendment deleting Same as the House bill, except that NSA Adds a provision allowing state agencies to the requirement that the Economic Research money spent back could be used to cover ei- Service conduct the study and to require an ther food or NSA costs. [Sec. 203(q)] use amounts collected from vendors and re- cipients relating to fraud and abuse viola- interim report. Conference agreement tions of the program to be used for program 66. THE WIC PROGRAM: STUDY OF COST AND The conference agreement adopts the Sen- purposes during the 1 year period beginning QUALITY OF SERVICES ate provision. on the date the amount is received. [Sec. Present law The Committee understands that States 202(s)] No provision. are anxious to begin implementing these Senate amendment provisions and therefore, directs the Sec- House bill retary to issue interim rules within 120 days Replaces the current-law provision with a No provision. provision allowing state agencies to use of the enactment of this Act. Senate amendment funds recovered from vendors and partici- 62. THE WIC PROGRAM: DISQUALIFICATION OF pants as the result of a claim arising under Requires the GAO to conduct a study that VENDORS the program during: the fiscal year in which assesses: (1) the cost of delivering WIC serv- Present law the claim arises, the fiscal year in which ices (including the cost of cost containment No provision. funds are collected, or the fiscal year follow- efforts), (2) the fixed and variable costs in- curred by state and local government for de- House bill ing the fiscal year the funds were collected. [Sec. 203(e)] livering WIC services, (3) the quality of WIC Requires state agencies to permanently services delivered, and (4) costs incurred for Conference agreement disqualify WIC vendors convicted of traffick- personnel, automation, central support, and ing in food instruments or selling firearms, The conference agreement adopts the Sen- other activities to deliver services, and ammunition, explosives, or controlled sub- ate provision with a technical amendment. whether the costs meet federal audit stand- stances for food instruments. 64. THE WIC PROGRAM: CRIMINAL FORFEITURE ards for allowable costs. A report to Con- The disqualification would be effective on Present law gress would be due no later than 3 years after receipt of the notice of disqualification, and No provision. enactment. [Sec. 203(v)] the vendor would not be entitled to com- Conference agreement pensation lost as a result of the disqualifica- House bill The conference agreement adopts the Sen- tion. A state agency would be permitted to Requires a court to order a person con- ate provision with a technical amendment. waive disqualification if it determines (ac- victed of an offense in violation of any provi- cording to criteria set by the Secretary) that sion of WIC law or regulations to forfeit to 67. NUTRITION EDUCATION AND TRAINING disqualification would cause a hardship for the United States all real and personal prop- PROGRAM: AUTHORIZATION WIC participants. In the case of a waiver, the erty used in the transaction. No interest in Present law agency would be required to assess a civil property would be forfeited where the owner Appropriations for the Nutrition Edu- money penalty on the vendor—in an amount establishes lack of knowledge or consent. cation and Training (NET) program are au- determined according to criteria set by the Proceeds from any sale of forfeited property thorized at $10 million a year through Secretary. and any money forfeited would be used to FY2002. [Sec. 19(i) of the CNA] first reimburse the Justice Department for Final regulations implementing these new House bill requirements (including hardship and money costs incurred, second reimburse the Agri- penalty criteria) would be due by March 1, culture Department’s Office of Inspector Authorizes appropriations at such sums as 1999. Sec. 202(p)] General for costs incurred, third reimburse are necessary through FY2003. [Sec. 203] Senate amendment Senate amendment any federal or state law enforcement agency for costs incurred, and fourth by the state Same as the House bill, with technical dif- Same as the House bill, except: (1) state agency to carry out approval, reauthoriza- ferences. [Sec. 204] agencies could waive disqualification if—the tion, and compliance investigations of ven- Conference agreement vendor had an ‘‘effective policy and pro- dors. [Sec. 202(t)] gram’’ to prevent violations and the owner- The conference agreement follows the ship was not aware of, did not approve of, did Senate amendment House bill and the Senate amendment. not benefit from, and was not involved in the Same as the House bill, except: (1) allows a 68. EFFECTIVE DATE court to order forfeiture, (2) describes in conduct of the violation. (2) civil money pen- House bill alties imposed in lieu of dis-qualification more detail the scope of violations that Provisions to take effect on October 1, 1998 would be limited to $20,000 per violation could bring on a forfeiture order, and (3) adds or the date of enactment, whichever is later. ($40,000 for all violations investigated as part the Treasury Department and Postal Service [Sec. 2] of a single investigation). The new vendor to the first category of agencies to which disqualification requirements would take ef- proceeds would be distributed. [Sec. 203(t)] Senate amendment fect on the date the Secretary issues final Conference agreement Provisions to take effect on October 1, 1998. regulations that include criteria for making The conference agreement adopts the Sen- [Sec. 401] hardship determinations and determining ate provision with technical amendments. Conference agreement civil money penalties. [Sec. 203(s)] 65. THE WIC PROGRAM: STUDY OF COST The conference agreement adopts the Sen- Conference agreement CONTAINMENT PRACTICES ate provision. The conference agreement adopts the Sen- Present law 69. FARMER’S MARKET NUTRITION PROGRAM: ate provision with technical amendments No provision. MATCHING REQUIREMENT and amendments to lower the per violation Present law penalty, and to require the promulgation of House bill Requires that states receiving grants pro- proposed rules by March 1, 1999 and final Requires the Secretary, acting through the vide state, local, or private funds for the pro- rules by March 1, 2000. Economic Research Service, to conduct a gram in an amount that is equal to at least Regarding the exception in lieu of disquali- study of the effect of states’ cost contain- 30% of the total cost of the program. States fication of a WIC vendor, the Committee ment practices in selecting vendors and ap- may count funds they use for other similar wishes to stress that it is not the intent of proved food items on: (1) program participa- programs toward the matching requirement. this provision to permit a vendor who has tion, (2) access to and availability of pre- [Section 17(m)(3) CNA] had repeated convictions for WIC offenses to scribed foods, (3) voucher redemption rates receive a waiver simply because the owner- and food selections by participants, (4) par- House bill ship of the vendor was not aware of, did not ticipants with special diets or specific food Revises existing law to require that the approve of, or was not involved in the of- allergies, (5) participant use of and satisfac- matching fund requirement apply only to the fenses. The Committee expects the State tion with prescribed foods, (6) achievement administrative cost of the program instead agency to take the strongest possible action of positive health outcomes, and (7) program of the entire costs [Sec.202(n)(1)] H9696 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Senate amendment needed to serve additional participants in food assistance programs, and to provide Permits states to use ‘‘program income’’ to states that have been operating programs. these agencies with a means for voluntarily meet the 30% matching requirement. This Requires 25% of funds to be allocated to submitting customer acceptability informa- change uses the term ‘‘program income’’ as states with approved plans that have never tion. [Sec. 301(b)] defined in the Uniform Federal Assistance participated in the program. Requires the Conference agreement Regulations (Sec.3016.25) to permit donations Secretary to reallocate funds not needed for The Conference agreement adopts the Sen- by companies and vendor fines for violations these states to states already operating pro- ate provision with technical changes. to be used toward the matching requirement. grams that want to serve additional recipi- 76. AUTHORITY TO TRANSFER COMMODITIES [Sec.203(r)(1)] ents.[Section 17(m)(6)(g)] Present law Conference agreement House bill No current provision. The conference agreement adopts the Sen- Maintains current law. House bill ate provision Senate amendment No provision. 70. FARMER’S MARKET NUTRITION PROGRAM: Maintains current law 75–25% split be- CRITERIA FOR ADDITIONAL FUNDS tween states operating programs in a pre- Senate amendment Present law vious year and states operating new pro- Permits the Secretary of Agriculture to transfer commodities purchased for one do- Establishes criteria for the Secretary to grams, but eliminates references to serving mestic food program to another if necessary use when allocating funds to serve additional additional recipients. [Section 203(r)(2)(C)] to ensure suitable use for human consump- recipients in a state that received assistance Conference agreement tion; permits the Secretary to provide reim- in the previous fiscal year. Among the cri- The conference agreement adopts the Sen- bursement from the account of the receiving teria to be considered is documentation that ate provision. program to the donating program for the justifies the need for a participation in- 73. AUTHORIZATION value of commodities transferred; and re- crease. [Sec.17(m)(6)(C) of the CNA] Present law quires that any reimbursement be credited House bill Authorizes such sums as may be necessary to the accounts that incurred the costs when Maintains current law. for each of fiscal years 1996 through 1998. the transferred commodities were originally Senate amendment (Section 17(m)(9)] purchased, and be available for the purchase of replacement commodities. [Sec.302(a)] Eliminates service to additional recipients House bill Conference agreement from the criteria for providing funds to Authorizes such sums as may be necessary states. Also replaces requirement for docu- for each of fiscal years 1999 through 2003. The conference agreement adopts the Sen- mentation to justify the need for an increase [Section 202(n)(3)] ate provision. in participation with language requiring the 77. AUTHORITY TO RESOLVE CLAIMS Secretary to consider the state’s need for an Senate amendment Present law increase, use of increased funding consistent Authorizes such sums as may be necessary with serving nutritionally at-risk persons, for each of fiscal years 1996 through 2003. No current provisions. and expanding program awareness. Also, [Section 203(r)(3)] House bill adds a requirement that the Secretary con- Conference agreement No provision. sider whether a state that has been operat- The conference agreement follows the Senate amendment ing a program and wants to increase the House bill and the Senate amendment with Gives the Secretary authority to waive or value of benefits to individual recipients will technical differences. determine the amount of, and settle or ad- increase the rate of coupon redemption. 74. COMMODITY SPECIFICATIONS just all or parts of claims arising under do- [Section 203 (r)(2)(A)] Present law mestic food assistance programs. [Sec. Conference agreement 302(a)] Requires the Secretary to apply the re- The conference agreement adopts the Sen- Conference agreement ate provision. quirements for developing specifications for commodity acquisitions and donations to: The conference agreement adopts the Sen- 71. FARMER’S MARKET NUTRITION PROGRAM: the commodity supplemental food (CSFP), ate provision. APPROVING AND RANKING STATE PLANS the food distribution program on Indian Res- 78. REMOVAL OF COMMODITIES POSING A HEALTH Present law ervations, the school lunch, commodity dis- OR SAFETY RISK Establishes a ranking for the Secretary to tribution, child care and adult care food, and Present law use in approving state plans for operation of school breakfast programs, the elderly com- No current provision. a program to include: favorable consider- modity program, and the emergency food as- ation of a state’s prior experience, use of sistance program.[Sec.3(a)(2)] House bill state or local funds for similar programs, House bill No provision. and maintenance of effort by states or local- No provision. Senate amendment ities previously operating programs. Pref- Permits the Secretary to use uncommitted Senate amendment erence is to be given to plans that have the Section 32 funds to reimburse states for state highest concentration of eligible persons, Removes requirement that the Secretary and local costs of removing commodities dis- greatest access to farmers’ markets, broad apply requirements for the development of tributed to domestic food programs that are geographical areas, and other characteristics commodity specifications to the child and determined to pose a health or safety hazard. the Secretary determines will maximize the adult care food program, school breakfast Allows such funds to be used to cover the availability of benefits to eligible persons. program, elderly commodity program, and costs of storage, transport, processing and [Section 17(m)(6)(F)] emergency food assistance program. destroying hazardous commodities, subject House bill [Sec.301(a)] to Secretarial approval. Does not permit the Eliminates the ranking criteria and pref- Conference agreement use of section 32 funds for this purpose to re- erences for consideration that the Secretary The Conference agreement adopts the strict the Secretary from recovering funds or must use, and makes conforming changes in House position. services from a supplier or other entity re- garding the hazardous commodities, and re- paragraph designation. [Section 202(n)(2)] 75. INFORMATION FROM RECIPIENT AGENCIES quires that funds so recovered be credited to Senate amendment Present law the section 32 account and remain available Same as the House bill. [Section Requires the Secretary to establish proce- until expended. [Section 302 (a)] 203(r)(2)(B)] dures for ensuring that information is re- Conference agreement Conference agreement ceived from recipient agencies at least annu- The conference agreement adopts the Sen- ally regarding the types and forms of com- The conference agreement follows the ate provision with a clarifying amendment, modities that are most useful to them and House bill and the Senate amendment with and an amendment limiting the authority to their participants. [Sec.3(f)(2)] technical differences. two years. House bill 72. FARMER’S MARKET NUTRITION PROGRAM: 79. AUTHORITY TO ACCEPT DONATED FUNDING FOR CURRENT AND NEW STATES No provision. COMMODITIES Present law Senate amendment Present law Requires that 75% of the funds appro- Replaces current law annual requirement No current provision. priated for the program be made available to with a requirement that the Secretary col- House bill states participating in the program that lect such information from these recipient wish to serve additional participants. Re- agencies at least once every two years. Also No provision. quires the Secretary to reallocate to states adds a provision permitting the Secretary to Senate amendment that have never participated in the program require this type of information from recipi- Permits the Secretary to accept commod- but have approved state plans any funds not ent agencies participating in other domestic ities donated by other Federal agencies and October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9697 to donate such commodities to states for dis- agree to the same with an amendment as fol- and cognitive development of low-income chil- tribution through any domestic food admin- lows: dren through the provision, to low-income chil- istration program administered by the Sec- In lieu of the matter proposed to be in- dren and their families, of health, educational, retary. [Section 302 (a)] serted by the House amendment, insert the nutritional, social, and other services that are Conference agreement following: determined, based on family needs assessments, The conference agreement adopts the Sen- SECTION 1. SHORT TITLE. to be necessary.’’. ate provision. This Act may be cited as the ‘‘Community Op- SEC. 103. DEFINITIONS. portunities, Accountability, and Training and Section 637 of the Head Start Act (42 U.S.C. 80. EFFECT OF PRIOR AMENDMENTS Educational Services Act of 1998’’ or the ‘‘Coats 9832) is amended— Present law Human Services Reauthorization Act of 1998’’. (1) by redesignating paragraphs (1) and (2) as Refers to the amendments made by the SEC. 2. TABLE OF CONTENTS. paragraphs (16) and (17) and inserting the para- Commodity Distribution Reform and WIC The table of contents for this Act is as follows: graphs at the end of the section; Amendments of 1987 to the Child Nutrition (2) by inserting before paragraph (3) the fol- Sec. 1. Short title. Act of 1966. lowing: Sec. 2. Table of contents. House bill ‘‘(1) The term ‘child with a disability’ means— TITLE I—HEAD START PROGRAMS ‘‘(A) a child with a disability, as defined in No provision. Sec. 101. Short title. section 602(3) of the Individuals with Disabil- Senate amendment Sec. 102. Statement of purpose. ities Education Act; and Makes clear that striking the amendments Sec. 103. Definitions. ‘‘(B) an infant or toddler with a disability, as made by the Commodity Distribution Re- Sec. 104. Financial assistance for Head Start defined in section 632(5) of such Act. form and WIC Amendments Act of 1987 to the programs. ‘‘(2) The term ‘delegate agency’ means a pub- Child Nutrition Act (see above) do not affect Sec. 105. Authorization of appropriations. lic, private nonprofit, or for-profit organization the amendments as in effect on September Sec. 106. Allotment of funds. or agency to which a grantee has delegated all 30, 1998. [Sec.302(b)] Sec. 107. Designation of Head Start agencies. or part of the responsibility of the grantee for Conference agreement Sec. 108. Quality standards. operating a Head Start program.’’; Sec. 109. Powers and functions of Head Start (3) by striking paragraph (4); The conference agreement adopts the Sen- agencies. (4) by redesignating paragraph (3) as para- ate provision with technical differences. Sec. 110. Head Start transition. graph (4); From the Committee on Education and the Sec. 111. Submission of plans to Governors. (5) by inserting after paragraph (2) the follow- Workforce, for consideration of the House Sec. 112. Participation in Head Start programs. ing: bill, and the Senate amendment, and modi- Sec. 113. Early Head Start programs for families ‘‘(3) The term ‘family literacy services’ means fications committed to conference: with infants and toddlers. services that are of sufficient intensity in terms BILL GOODLING, Sec. 114. Technical assistance and training. of hours, and of sufficient duration, to make FRANK RIGGS, Sec. 115. Professional requirements. sustainable changes in a family, and that inte- MIKE CASTLE, Sec. 116. Research and evaluation. grate all of the following activities: W.L. CLAY, Sec. 117. Reports. ‘‘(A) Interactive literacy activities between M.G. MARTINEZ, Sec. 118. Repeal of consultation requirement. parents and their children. From the Committee on Agriculture, for Sec. 119. Repeal of Head Start Transition ‘‘(B) Training for parents regarding how to be consideration of secs. 2, 101, 104(b), 106, 202(c) Project Act. the primary teacher for their children and full and 202(o) of the House bill, and secs. 101, 111, TITLE II—COMMUNITY SERVICES BLOCK partners in the education of their children. 114, 203(c), 203(r), and titles III and IV of the GRANT PROGRAM ‘‘(C) Parent literacy training that leads to Senate amendment, and modifications com- economic self-sufficiency. mitted to conference: Sec. 201. Reauthorization. Sec. 202. Conforming amendments. ‘‘(D) An age-appropriate education to prepare BOB SMITH, children for success in school and life experi- TITLE III—LOW-INCOME HOME ENERGY BOB GOODLATTE, ences.’’; CHARLIE STENHOLM, ASSISTANCE (6) in paragraph (6), by adding at the end the Managers on the Part of the House. Sec. 301. Short title. following: ‘‘Nothing in this paragraph shall be Sec. 302. Authorization. RICHARD G. LUGAR, construed to require an agency to provide serv- Sec. 303. Definitions. THAD COCHRAN, ices to a child who has not reached the age of Sec. 304. Natural disasters and other emer- MITCH MCCONNELL, compulsory school attendance for more than the gencies. TOM HARKIN, number of hours per day permitted by State law Sec. 305. State allotments. (including regulation) for the provision of serv- PATRICK J. LEAHY, Sec. 306. Administration. Managers on the Part of the Senate. ices to such a child.’’; Sec. 307. Payments to States. (7) by striking paragraph (12) and inserting f Sec. 308. Residential Energy Assistance Chal- the following: CONFERENCE REPORT ON S. 2206 lenge option. ‘‘(12) The term ‘migrant and seasonal Head Sec. 309. Technical assistance, training, and Start program’ means— Mr. GOODLING, submitted the fol- compliance reviews. ‘‘(A) with respect to services for migrant farm- lowing conference report and state- TITLE IV—ASSETS FOR INDEPENDENCE workers, a Head Start program that serves fami- ment on the bill (S. 2206), to amend the Sec. 401. Short title. lies who are engaged in agricultural labor and Head Start Act, the Low-Income Home Sec. 402. Findings. who have changed their residence from one geo- Energy Assistance Act of 1981, and the Sec. 403. Purposes. graphic location to another in the preceding 2- Community Services Block Grant Act Sec. 404. Definitions. year period; and to reauthorize and make improvements Sec. 405. Applications. ‘‘(B) with respect to services for seasonal farmworkers, a Head Start program that serves to those Acts, to establish demonstra- Sec. 406. Demonstration authority; annual grants. families who are engaged primarily in seasonal tion projects that provide an oppor- Sec. 407. Reserve Fund. agricultural labor and who have not changed tunity for persons with limited means Sec. 408. Eligibility for participation. their residence to another geographic location in to accumulate assets, and for other Sec. 409. Selection of individuals to participate. the preceding 2-year period.’’; purposes: Sec. 410. Deposits by qualified entities. (8) by inserting after paragraph (14) the fol- Sec. 411. Local control over demonstration lowing: CONFERENCE REPORT (H. REPT. 105–788) projects. ‘‘(15) The term ‘scientifically based reading re- The committee of conference on the dis- Sec. 412. Annual progress reports. search’— agreeing votes of the two Houses on the Sec. 413. Sanctions. ‘‘(A) means the application of rigorous, sys- amendment of the House to the bill (S. 2206), Sec. 414. Evaluations. tematic, and objective procedures to obtain valid to amend the Head Start Act, the Low-In- Sec. 415. Treatment of funds. knowledge relevant to reading development, come Home Energy Assistance Act of 1981, Sec. 416. Authorization of appropriations. reading instruction, and reading difficulties; and the Community Services Block Grant TITLE I—HEAD START PROGRAMS and Act to reauthorize and make improvements ‘‘(B) shall include research that— SEC. 101. SHORT TITLE. to those Acts, to establish demonstration ‘‘(i) employs systematic, empirical methods This title may be cited as the ‘‘Head Start projects that provide an opportunity for per- that draw on observation or experiment; sons with limited means to accumulate as- Amendments of 1998’’. ‘‘(ii) involves rigorous data analyses that are sets, and for other purposes, having met, SEC. 102. STATEMENT OF PURPOSE. adequate to test the stated hypotheses and jus- after full and free conference, have agreed to Section 636 of the Head Start Act (42 U.S.C. tify the general conclusions drawn; recommend and do recommend to their re- 9831) is amended to read as follows: ‘‘(iii) relies on measurements or observational spective Houses as follows: ‘‘SEC. 636. STATEMENT OF PURPOSE. methods that provide valid data across eval- That the Senate recede from its disagree- ‘‘It is the purpose of this subchapter to pro- uators and observers and across multiple meas- ment to the amendment of the House and mote school readiness by enhancing the social urements and observations; and H9698 CONGRESSIONAL RECORD — HOUSE October 6, 1998 ‘‘(iv) has been accepted by a peer-reviewed ity improvement plans under section ards described in section 641A(a)(1)(B), through journal or approved by a panel of independent 641A(d)(2).’’ and inserting ‘‘carried out under activities— experts through a comparably rigorous, objec- paragraph (1), (2), or (3) of section 641A(d) re- ‘‘(I) to promote children’s language and lit- tive, and scientific review.’’; and lated to correcting deficiencies and conducting eracy growth, through techniques identified (9) in paragraph (17) (as redesignated in para- proceedings to terminate the designation of through scientifically based reading research; graph (1))— Head Start agencies; and’’; ‘‘(II) to promote the acquisition of the English (A) by striking ‘‘Term’’ and inserting ‘‘term’’; (E) by inserting after subparagraph (D) the language for non-English background children (B) by striking ‘‘Virgin Islands,’’ and insert- following: and families; ing ‘‘Virgin Islands of the United States, and ‘‘(E) payments for research, demonstration, ‘‘(III) to foster children’s school readiness the Commonwealth of the Northern Mariana Is- and evaluation activities under section 649.’’; skills through activities described in section lands, but for fiscal years ending before October and 648A(a)(1); and 1, 2001 (and fiscal year 2002, if the legislation (F) by adding at the end the following: ‘‘No ‘‘(IV) to provide training necessary to improve described in section 640(a)(2)(B)(iii) has not Freely Associated State may receive financial the qualifications of the staff of the Head Start been enacted before September 30, 2001), also assistance under this subchapter after fiscal agencies and to support staff training, child means’’; and year 2002.’’; counseling, and other services necessary to ad- (C) by striking ‘‘Palau, and the Common- (2) in paragraph (3)— dress the problems of children participating in wealth of the Northern Mariana Islands.’’ and (A) in subparagraph (A)(i), by striking Head Start programs, including children from inserting ‘‘and the Republic of Palau.’’. ‘‘equal’’ and all that follows through dysfunctional families, children who experience SEC. 104. FINANCIAL ASSISTANCE FOR HEAD ‘‘amount;’’ and inserting ‘‘equal to the sum of— chronic violence in their communities, and chil- START PROGRAMS. ‘‘(I) 60 percent of such excess amount for fis- dren who experience substance abuse in their Section 638(1) of the Head Start Act (42 U.S.C. cal year 1999, 50 percent of such excess amount families.’’; 9833(1)) is amended— for fiscal year 2000, 47.5 percent of such excess (iii) by striking clause (v); and (1) by striking ‘‘aid the’’ and inserting ‘‘en- amount for fiscal year 2001, 35 percent of such (iv) by redesignating clauses (vi) and (vii) as able the’’; and excess amount for fiscal year 2002, and 25 per- clauses (v) and (vi), respectively; and (2) by striking the semicolon and inserting cent of such excess amount for fiscal year (D) in subparagraph (D)(i)(II), by striking ‘‘and attain school readiness;’’. 2003;’’; ‘‘and migrant’’ and inserting ‘‘Head Start pro- SEC. 105. AUTHORIZATION OF APPROPRIATIONS. (B) in subparagraph (B)— grams and migrant and seasonal’’; Section 639 of the Head Start Act (42 U.S.C. (i) in clause (ii)— (3) in paragraph (4)— 9834) is amended— (I) by striking ‘‘adequate qualified staff’’ and (A) in subparagraph (A), by striking ‘‘1981’’ (1) in subsection (a), by striking ‘‘1995 inserting ‘‘adequate numbers of qualified staff’’; and inserting ‘‘1998’’; through 1998’’ and inserting ‘‘1999 through and (B) by amending subparagraph (B) to read as 2003’’; and (II) by inserting ‘‘and children with disabil- follows: (2) in subsection (b), by striking paragraphs ities’’ before ‘‘, when’’; ‘‘(B) any amount available after all allot- (1) and (2) and inserting the following: (ii) in clause (iv), by inserting before the pe- ments are made under subparagraph (A) for ‘‘(1) for each of fiscal years 1999 through 2003 riod the following: ‘‘, and to encourage the staff such fiscal year shall be distributed proportion- to carry out activities authorized under section to continually improve their skills and expertise ately on the basis of the number of children less 642A, not more than $35,000,000 but not less by informing the staff of the availability of Fed- than 5 years of age from families whose income than the amount that was made available for eral and State incentive and loan forgiveness is below the poverty line.’’; and such activities for fiscal year 1998; programs for professional development’’; (C) by adding at the end the following: ‘‘(2) not more than $5,000,000 for each of fiscal (iii) in clause (v), by inserting ‘‘and collabora- tion efforts for such programs’’ before the pe- ‘‘For purposes of this paragraph, for each fiscal years 1999 through 2003 to carry out impact year the Secretary shall use the most recent studies under section 649(g); and riod; (iv) in clause (vi), by striking the period and data available on the number of children less ‘‘(3) not more than $12,000,000 for fiscal year than 5 years of age from families whose income 1999, and such sums as may be necessary for inserting ‘‘, and are accessible to children with disabilities and their parents.’’; is below the poverty line, as published by the each of fiscal years 2000 through 2003, to carry Department of Commerce, unless the Secretary out other research, demonstration, and evalua- (v) by redesignating clause (vii) as clause (viii); and and the Secretary of Commerce determine that tion activities, including longitudinal studies, use of the most recent data available would be under section 649.’’. (vi) by inserting after clause (vi) the follow- ing: inappropriate or unreliable. If the Secretary and SEC. 106. ALLOTMENT OF FUNDS. ‘‘(vii) Ensuring that such programs have the Secretary of Commerce determine that some (a) ALLOTMENTS.—Section 640(a) of the Head qualified staff that can promote language skills or all of the data referred to in this paragraph Start Act (42 U.S.C. 9835(a)) is amended— and literacy growth of children and that can are inappropriate or unreliable, the Secretaries (1) in paragraph (2)— provide children with a variety of skills that shall issue a report setting forth their reasons in (A) in subparagraph (A)— have been identified, through scientifically detail.’’; (i) by striking ‘‘and migrant’’ the first place it based reading research, as predictive of later (4) in paragraph (5)— appears and all that follows through ‘‘handi- reading achievement.’’; (A) in subparagraph (A), by striking ‘‘sub- capped children’’, and inserting ‘‘Head Start (C) in subparagraph (C)— paragraph (B)’’ and inserting ‘‘subparagraphs programs, services for children with disabilities, (i) in clause (i)— (B) and (D)’’; and migrant and seasonal Head Start pro- (I) in subclause (I)— (B) in subparagraph (B), by inserting before grams’’; (aa) by striking ‘‘this subparagraph’’ and in- the period the following: ‘‘and to encourage (ii) by striking ‘‘and migrant’’ each other serting ‘‘this paragraph’’; Head Start agencies to collaborate with entities place it appears and inserting ‘‘Head Start pro- (bb) by striking ‘‘of staff’’ and inserting ‘‘of involved in State and local planning processes grams and by migrant and seasonal’’; and classroom teachers and other staff’’; (including the State lead agency administering (iii) by striking ‘‘1994’’ and inserting ‘‘1998’’; (cc) by striking ‘‘such staff’’ and inserting the financial assistance received under the (B) in subparagraph (B), by striking ‘‘(B) ‘‘qualified staff, including recruitment and re- Child Care and Development Block Grant Act of payments’’ and all that follows through ‘‘Virgin tention pursuant to achieving the requirements 1990 (42 U.S.C. 9858 et seq.) and the entities pro- Islands according’’ and inserting the following: set forth in section 648A(a)’’; and viding resource and referral services in the ‘‘(B) payments, subject to paragraph (7)— (dd) by adding at the end the following: State) in order to better meet the needs of low- ‘‘(i) to Guam, American Samoa, the Common- ‘‘Preferences in awarding salary increases, in income children and families’’; wealth of the Northern Mariana Islands, and excess of cost-of-living allowances, with such (C) in subparagraph (C)— the Virgin Islands of the United States; funds shall be granted to classroom teachers (i) in clause (i)(I), by inserting ‘‘the appro- ‘‘(ii) for fiscal years ending before October 1, and staff who obtain additional training or edu- priate regional office of the Administration for 2001, to the Federated States of Micronesia, the cation related to their responsibilities as employ- Children and Families and’’ before ‘‘agencies’’; Republic of the Marshall Islands, and the Re- ees of a Head Start program.’’; (ii) in clause (iii), by striking ‘‘and’’ at the public of Palau; and (II) in subclause (II), by striking ‘‘the sub- end; ‘‘(iii) if legislation approving renegotiated paragraph’’ and inserting ‘‘this subparagraph’’; (iii) in clause (iv)— Compacts of Free Association for the jurisdic- and (I) by striking ‘‘education, and national serv- tions described in clause (ii) has not been en- (III) by adding at the end the following: ice activities,’’ and inserting ‘‘education, and acted before September 30, 2001, for fiscal year ‘‘(III) From the remainder of the amount re- community service activities,’’; 2002 to those jurisdictions; served under this paragraph (after the Secretary (II) by striking ‘‘and activities’’ and inserting according’’; carries out subclause (I)), the Secretary shall ‘‘activities’’; and (C) in subparagraph (C), by striking ‘‘; and’’ carry out any or all of the activities described in (III) by striking the period and inserting ‘‘(in- and inserting ‘‘, of which not less than clauses (ii) through (vii), placing the highest cluding coordination of services with those State $3,000,000 of the amount appropriated for such priority on the activities described in clause officials who are responsible for administering fiscal year shall be made available to carry out (ii).’’; part C and section 619 of the Individuals with activities described in section 648(c)(4);’’; (ii) by amending clause (ii) to read as follows: Disabilities Education Act (20 U.S.C. 1431–1445, (D) in subparagraph (D), by striking ‘‘related ‘‘(ii) To train classroom teachers and other 1419)), and services for homeless children;’’; and to the development and implementation of qual- staff to meet the education performance stand- (iv) by adding at the end the following: October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9699 ‘‘(v) include representatives of the State Head the appropriate committees by June 1, 2002, or if (F) by adding at the end the following: Start Association and local Head Start agencies the Secretary finds in the report that there are ‘‘(G) the extent to which the applicant pro- in unified planning regarding early care and substantial deficiencies in the programs carried poses to foster partnerships with other service education services at both the State and local out under section 645A, the amount of the re- providers in a manner that will enhance the re- levels, including collaborative efforts to plan for served portion for fiscal year 2003 that exceeds source capacity of the applicant; and the provision of full-working-day, full calendar the reserved portion for fiscal year 2002, if any, ‘‘(H) the extent to which the applicant, in year early care and education services for chil- shall be used for quality improvement activities providing services, plans to coordinate with the dren; and described in section 640(a)(3) and shall not be local educational agency serving the community ‘‘(vi) encourage local Head Start agencies to used to serve an increased number of eligible involved and with schools in which children appoint a State level representative to represent children under section 645A. participating in a Head Start program operated Head Start agencies within the State in con- ‘‘(iii) In this subparagraph: by such agency will enroll following such pro- ducting collaborative efforts described in sub- ‘‘(I) The term ‘appropriate committees’ means gram, regarding such services and the education paragraphs (B) and (D), and in clause (v).’’; the Committee on Education and the Workforce services provided by such local educational (D) by redesignating subparagraph (D) as and the Committee on Appropriations of the agency.’’; and subparagraph (F); and House of Representatives and the Committee on (2) by adding at the end the following: (E) by inserting after subparagraph (C) the Labor and Human Resources and the Committee ‘‘(4) Notwithstanding subsection (a)(2), after following: on Appropriations of the Senate. taking into account paragraph (1), the Sec- ‘‘(D) Following the award of collaboration ‘‘(II) The term ‘reserved portion’, used with retary may allocate a portion of the remaining grants described in subparagraph (B), the Sec- respect to a fiscal year, means the amount re- additional funds under subsection (a)(2)(A) for retary shall provide, from the reserved sums, quired to be used in accordance with subpara- the purpose of increasing funds available for ac- supplemental funding for collaboration grants— graph (A) for that fiscal year. tivities described in such subsection.’’. ‘‘(i) to States that (in consultation with their ‘‘(C)(i) For any fiscal year for which the Sec- (d) MIGRANT AND SEASONAL HEAD START PRO- State Head Start Associations) develop state- retary determines that the amount appropriated GRAMS.—Section 640(l) (42 U.S.C. 9835(l)) is wide, regional, or local unified plans for early under section 639(a) is not sufficient to permit amended— childhood education and child care that include the Secretary to reserve the portion described in (1) by striking‘‘(l)’’ and inserting ‘‘(l)(1)’’; the participation of Head Start agencies; and subparagraph (A) without reducing the number (2) by striking ‘‘migrant Head Start programs’’ ‘‘(ii) to States that engage in other innovative of children served by Head Start programs or each place it appears and inserting ‘‘migrant collaborative initiatives, including plans for col- adversely affecting the quality of Head Start and seasonal Head Start programs’’; laborative training and professional develop- services, relative to the number of children (3) by striking ‘‘migrant families’’ and insert- ment initiatives for child care, early childhood served and the quality of the services during the ing ‘‘migrant and seasonal farmworker fami- education and Head Start service managers, preceding fiscal year, the Secretary may reduce lies’’; and providers, and staff. the percentage of funds required to be reserved (4) by adding at the end the following: ‘‘(E)(i) The Secretary shall— for the portion described in subparagraph (A) ‘‘(2) For purposes of subsection (a)(2)(A), in ‘‘(I) review on an ongoing basis evidence of for the fiscal year for which the determination determining the need and demand for migrant barriers to effective collaboration between Head is made, but not below the percentage required and seasonal Head Start programs (and services Start programs and other Federal, State, and to be so reserved for the preceding fiscal year. provided through such programs), the Secretary local child care and early childhood education ‘‘(ii) For any fiscal year for which the amount shall consult with appropriate entities, includ- programs and resources; appropriated under section 639(a) is reduced to ing providers of services for migrant and sea- ‘‘(II) develop initiatives, including providing a level that requires a lower amount to be made sonal Head Start programs. The Secretary shall, additional training and technical assistance available under this subchapter to Head Start after taking into consideration the need and de- and making regulatory changes, in necessary agencies and entities described in section 645A, mand for migrant and seasonal Head Start pro- cases, to eliminate barriers to the collaboration; relative to the amount made available to the grams (and such services), ensure that there is and agencies and entities for the preceding fiscal an adequate level of such services for eligible ‘‘(III) develop a mechanism to resolve admin- year, adjusted as described in paragraph children of migrant farmworkers before approv- istrative and programmatic conflicts between (3)(A)(ii), the Secretary shall proportionately re- ing an increase in the allocation of funds pro- programs described in subclause (I) that would duce— vided under such subsection for unserved eligi- be a barrier to service providers, parents, or ‘‘(I) the amounts made available to the enti- ble children of seasonal farmworkers. In serving children related to the provision of unified serv- ties for programs carried out under section 645A; the eligible children of seasonal farmworkers, ices and the consolidation of funding for child and the Secretary shall ensure that services provided care services. ‘‘(II) the amounts made available to Head by migrant and seasonal Head Start programs ‘‘(ii) In the case of a collaborative activity Start agencies for Head Start programs.’’. do not duplicate or overlap with other Head funded under this subchapter and another pro- (b) CHILDREN WITH DISABILITIES.—Section Start services available to eligible children of vision of law providing for Federal child care or 640(d) of the Head Start Act (42 U.S.C. 9835(d)) such farmworkers. early childhood education, the use of equipment is amended— ‘‘(3) In carrying out this subchapter, the Sec- and nonconsumable supplies purchased with (1) by striking ‘‘1982’’ and inserting ‘‘1999’’; retary shall continue the administrative ar- (2) by striking ‘‘(as defined in section 602(a) of funds made available under this subchapter or rangement responsible for meeting the needs of the Individuals with Disabilities Education such provision shall not be restricted to children children of migrant and seasonal farmworkers Act)’’; and enrolled or otherwise participating in the pro- (3) by adding at the end the following: ‘‘Such and Indian children and shall ensure that ap- gram carried out under that subchapter or pro- policies and procedures shall require Head Start propriate funding is provided to meet such vision, during a period in which the activity is agencies to coordinate programmatic efforts needs.’’. ONFORMING AMENDMENT.—Section predominantly funded under this subchapter or with efforts to implement part C and section 619 (e) C 644(f)(2) of the Head Start Act (42 U.S.C. such provision.’’; and of the Individuals with Disabilities Education (5) in paragraph (6)— 9839(f)(2)) is amended by striking ‘‘Except’’ and Act (20 U.S.C 1431–1445, 1419).’’. (A) by inserting ‘‘(A)’’ before ‘‘From’’; (c) INCREASED APPROPRIATIONS.—Section all that follows through ‘‘financial’’ and insert- (B) by striking ‘‘3 percent’’ and all that fol- 640(g) of the Head Start Act (42 U.S.C. 9835(g)) ing ‘‘Financial’’. lows and inserting the following: ‘‘7.5 percent is amended— SEC. 107. DESIGNATION OF HEAD START AGEN- for fiscal year 1999, 8 percent for fiscal year (1) in paragraph (2)— CIES. 2000, 9 percent for fiscal year 2001, 10 percent for (A) in subparagraph (A), by striking the semi- Section 641 of the Head Start Act (42 U.S.C. fiscal year 2002, and 10 percent for fiscal year colon and inserting ‘‘, and the performance his- 9836) is amended— 2003, of the amount appropriated pursuant to tory of the applicant in providing services under (1) in subsection (a)— section 639(a), except as provided in subpara- other Federal programs (other than the program (A) in the matter preceding paragraph (1), by graph (B); and carried out under this subchapter);’’; inserting ‘‘or for-profit’’ after ‘‘nonprofit’’; and (C) by adding at the end the following: (B) in subparagraph (C), by striking the semi- (B) by inserting ‘‘(in consultation with the ‘‘(B)(i) If the Secretary does not submit an in- colon and inserting ‘‘, and organizations and chief executive officer of the State involved, if terim report on the preliminary findings of the public entities serving children with disabil- such State expends non-Federal funds to carry Early Head Start impact study currently being ities;’’; out Head Start programs)’’ after ‘‘Secretary’’ conducted by the Secretary (as of the date of en- (C) in subparagraph (D), by striking the semi- the last place it appears; actment of the Head Start Amendments of 1998) colon and inserting ‘‘and the extent to which, (2) in subsection (b), by striking ‘‘area des- to the appropriate committees by June 1, 2001, and manner in which, the applicant dem- ignated by the Bureau of Indian Affairs as the amount of the reserved portion for fiscal onstrates the ability to collaborate and partici- near-reservation’’ and inserting ‘‘off-reservation year 2002 that exceeds the reserved portion for pate with other local community providers of area designated by an appropriate tribal gov- fiscal year 2001, if any, shall be used for quality child care or preschool services to provide full- ernment in consultation with the Secretary’’; improvement activities described in section working-day full calendar year services;’’; (3) in subsection (c)— 640(a)(3) and shall not be used to serve an in- (D) in subparagraph (E), by striking ‘‘pro- (A) in paragraph (1)— creased number of eligible children under sec- gram; and’’ and inserting ‘‘program or any (i) by inserting ‘‘, in consultation with the tion 645A. other early childhood program;’’; chief executive officer of the State involved if ‘‘(ii) If the Secretary does not submit a final (E) in subparagraph (F), by striking the pe- such State expends non-Federal funds to carry report on the Early Head Start impact study to riod and inserting a semicolon; and out Head Start programs,’’ after ‘‘shall’’; H9700 CONGRESSIONAL RECORD — HOUSE October 6, 1998 (ii) by inserting ‘‘or for-profit’’ after ‘‘non- mitted applications for designation of equivalent (B) in the matter preceding subparagraph (A), profit’’; and quality under subsection (d), the Secretary may by striking ‘‘shall be designed—’’ and inserting (iii) by striking ‘‘makes a finding’’ and all give priority to the nonprofit agency. In select- ‘‘shall—’’; that follows through the period at the end, and ing from among qualified applicants for des- (C) in subparagraph (A), by striking ‘‘to as- inserting the following: ‘‘determines that the ignation as a Head Start agency under sub- sess’’ and inserting ‘‘be used to assess the im- agency involved fails to meet program and fi- section (d), the Secretary shall give priority to pact of’’; nancial management requirements, performance applicants that have demonstrated capacity in (D) in subparagraph (B)— standards described in section 641A(a)(1), re- providing comprehensive early childhood serv- (i) by striking ‘‘to’’; sults-based performance measures developed by ices to children and their families.’’. (ii) by striking ‘‘and peer review’’ and insert- the Secretary under section 641A(b), or other re- SEC. 108. QUALITY STANDARDS. ing ‘‘, peer review, and program evaluation’’; quirements established by the Secretary.’’; (a) QUALITY STANDARDS.—Section 641A(a) of and (B) in paragraph (2), by inserting ‘‘, in con- the Head Start Act (42 U.S.C. 9836a(a)) is (iii) by inserting ‘‘, not later than July 1, sultation with the chief executive officer of the amended— 1999’’ before the semicolon; State if such State expends non-Federal funds (1) in paragraph (1)— (E) in subparagraph (C), by inserting ‘‘be de- to carry out Head Start programs,’’ after (A) in the matter preceding subparagraph (A), veloped’’ before ‘‘for other’’; and ‘‘shall’’; and by inserting ‘‘, including minimum levels of (F) by adding at the end the following: ‘‘The (C) by aligning the margins of paragraphs (2) overall accomplishment,’’ after ‘‘regulation performance measures shall include the perform- and (3) with the margins of paragraph (1); standards’’; ance standards described in subsection (4) in subsection (d)— (B) in subparagraph (A), by striking ‘‘edu- (a)(1)(B)(ii).’’; (A) in the matter preceding paragraph (1), by cation,’’; (4) in paragraph (3)(A), by striking ‘‘and by inserting after the first sentence the following: (C) by redesignating subparagraphs (B) region’’ and inserting ‘‘, regionally, and lo- ‘‘In selecting from among qualified applicants through (D) as subparagraphs (C) through (E), cally’’; and for designation as a Head Start agency, the Sec- respectively; and (5) by adding at the end the following: retary shall give priority to any qualified agen- (D) by inserting after subparagraph (A) the ‘‘(4) EDUCATIONAL PERFORMANCE MEASURES.— cy that functioned as a Head Start delegate following: Such results-based performance measures shall agency in the community and carried out a ‘‘(B)(i) education performance standards to include educational performance measures that Head Start program that the Secretary deter- ensure the school readiness of children partici- ensure that children participating in Head Start mines met or exceeded such performance stand- pating in a Head Start program, on completion programs— ards and such results-based performance meas- of the Head Start program and prior to entering ‘‘(A) know that letters of the alphabet are a ures.’’; school; and special category of visual graphics that can be (B) in paragraph (3), by inserting ‘‘and pro- ‘‘(ii) additional education performance stand- individually named; grams under part C and section 619 of the Indi- ards to ensure that the children participating in ‘‘(B) recognize a word as a unit of print; viduals with Disabilities Education Act (20 the program, at a minimum— ‘‘(C) identify at least 10 letters of the alpha- U.S.C 1431–1445, 1419)’’ after ‘‘(20 U.S.C. 2741 et ‘‘(I) develop phonemic, print, and numeracy bet; and seq.)’’; awareness; ‘‘(D) associate sounds with written words. (C) in paragraph (4)— ‘‘(II) understand and use language to commu- ‘‘(5) ADDITIONAL LOCAL RESULTS-BASED PER- (i) in subparagraph (A), by inserting ‘‘(at nicate for various purposes; FORMANCE MEASURES.—In addition to other ap- home and in the center involved where prac- ‘‘(III) understand and use increasingly com- plicable results-based performance measures, ticable)’’ after ‘‘activities’’; plex and varied vocabulary; Head Start agencies may establish local results- (ii) in subparagraph (D)— ‘‘(IV) develop and demonstrate an apprecia- based educational performance measures.’’. (I) in clause (iii), by adding ‘‘or’’ at the end; tion of books; and (c) MONITORING.—Section 641A(c) of the Head (II) by striking clause (iv); and ‘‘(V) in the case of non-English background Start Act (42 U.S.C. 9836a(c)) is amended— (III) by redesignating clause (v) as clause (iv); children, progress toward acquisition of the (1) in paragraph (1), by inserting ‘‘and re- (iii) in subparagraph (E), by striking ‘‘and English language.’’; sults-based performance measures developed by (D)’’ and inserting ‘‘, (D), and (E)’’; (2) by striking paragraph (2); the Secretary under subsection (b)’’ after (iv) by redesignating subparagraphs (D) and (3) by redesignating paragraphs (3) and (4) as ‘‘standards established under this subchapter’’; (E) as subparagraphs (E) and (F), respectively; paragraphs (2) and (3), respectively; and and (4) in paragraph (2) (as redesignated in para- (2) in paragraph (2)— (v) by inserting after subparagraph (C) the graph (3))— (A) in subparagraph (B), by striking ‘‘and’’ at following: (A) in subparagraph (B)(iii), by striking the end; ‘‘(D) to offer to parents of participating chil- ‘‘child’’ and inserting ‘‘early childhood edu- (B) in subparagraph (C)— dren substance abuse counseling (either directly cation and’’; and (i) by inserting ‘‘(including children with dis- or through referral to local entities), including (B) in subparagraph (C)— abilities)’’ after ‘‘eligible children’’; and information on drug-exposed infants and fetal (i) in clause (i)— (ii) by striking the period at the end and in- alcohol syndrome;’’; (I) by striking ‘‘not later than 1 year after the serting a semicolon; and (D) by amending paragraph (7) to read as fol- date of enactment of this section,’’; and (C) by adding at the end the following: lows: (II) by striking ‘‘section 651(b)’’ and all that ‘‘(D) include as part of the reviews of the pro- ‘‘(7) the plan of such applicant to meet the follows and inserting ‘‘this subsection; and’’; grams, a review and assessment of program ef- needs of non-English background children and and fectiveness, as measured in accordance with the their families, including needs related to the ac- (ii) in subclause (ii), by striking ‘‘November 2, results-based performance measures developed quisition of the English language;’’; 1978’’ and inserting ‘‘the date of enactment of by the Secretary pursuant to subsection (b) and (E) in paragraph (8)— the Coats Human Services Reauthorization Act with the performance standards established pur- (i) by striking the period at the end and in- of 1998’’; and suant to subparagraphs (A) and (B) of sub- serting ‘‘; and’’; and (5) in paragraph (3) (as redesignated in para- section (a)(1); and (ii) by redesignating such paragraph as para- graph (3)), by striking ‘‘to an agency (referred ‘‘(E) seek information from the communities graph (9); to in this subchapter as the ‘delegate agency’)’’ and the States involved about the performance (F) by inserting after paragraph (7) the fol- and inserting ‘‘to a delegate agency’’. of the programs and the efforts of the Head lowing: (b) PERFORMANCE MEASURES.—Section 641A(b) Start agencies to collaborate with other entities ‘‘(8) the plan of such applicant to meet the of the Head Start Act (42 U.S.C. 9836a(b)) is carrying out early childhood education and needs of children with disabilities;’’; and amended— child care programs in the community.’’. (G) by adding at the end the following: (1) in the heading, by inserting ‘‘RESULTS- (d) TERMINATION.—Section 641A(d) of the ‘‘(10) the plan of such applicant to collaborate BASED’’ before ‘‘PERFORMANCE’’; Head Start Act (42 U.S.C. 9836a(d)) is amend- with other entities carrying out early childhood (2) in paragraph (1)— ed— education and child care programs in the com- (A) by striking ‘‘Not later than 1 year after (1) in paragraph (1)— munity.’’; the date of enactment of this section, the’’ and (A) by inserting ‘‘or results-based performance (5) by striking subsection (e) and inserting the inserting ‘‘The’’; measures developed by the Secretary under sub- following: (B) by striking ‘‘child’’ and inserting ‘‘early section (b)’’ after ‘‘subsection (a)’’; and ‘‘(e) If no agency in the community receives childhood education and’’; (B) by amending subparagraph (B) to read as priority designation under subsection (c), and (C) by inserting before ‘‘(referred’’ the follow- follows: there is no qualified applicant in the commu- ing: ‘‘, and the impact of the services provided ‘‘(B) with respect to each identified defi- nity, the Secretary shall designate a qualified through the programs to children and their fam- ciency, require the agency— agency to carry out the Head Start program in ilies’’; and ‘‘(i) to correct the deficiency immediately, if the community on an interim basis until a quali- (D) by striking ‘‘performance measures’’ and the Secretary finds that the deficiency threatens fied applicant from the community is so des- inserting ‘‘results-based performance measures’’; the health or safety of staff or program partici- ignated.’’; and and pants or poses a threat to the integrity of Fed- (6) by adding at the end the following: (3) in paragraph (2)— eral funds; ‘‘(g) If the Secretary determines that a non- (A) in the paragraph heading, by striking ‘‘(ii) to correct the deficiency not later than 90 profit agency and a for-profit agency have sub- ‘‘DESIGN’’ and inserting ‘‘CHARACTERISTICS’’; days after the identification of the deficiency if October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9701 the Secretary finds, in the discretion of the Sec- ‘‘the Head Start Transition Project Act (42 be considered to continue to meet the low-in- retary, that such a 90-day period is reasonable, U.S.C. 9855 et seq.)’’ and inserting ‘‘section come criteria through the end of the succeeding in light of the nature and magnitude of the defi- 642A’’; and program year. ciency; or (5) by adding at the end the following: In determining, for purposes of this paragraph, ‘‘(iii) in the discretion of the Secretary (taking ‘‘(e) Head Start agencies shall adopt, in con- whether a child who has applied for enrollment into consideration the seriousness of the defi- sultation with experts in child development and in a Head Start program meets the low-income ciency and the time reasonably required to cor- with classroom teachers, an assessment to be criteria, an entity may consider evidence of fam- rect the deficiency), to comply with the require- used when hiring or evaluating any classroom ily income during the 12 months preceding the ments of paragraph (2) concerning a quality im- teacher in a center-based Head Start program. month in which the application is submitted, or provement plan; and’’; and Such assessment shall measure whether such during the calendar year preceding the calendar (2) in paragraph (2)(A), in the matter preced- teacher has mastered the functions described in year in which the application is submitted, ing clause (i), by striking ‘‘able to correct a defi- section 648A(a)(1).’’. whichever more accurately reflects the needs of ciency immediately’’ and inserting ‘‘required to SEC. 110. HEAD START TRANSITION. the family at the time of application.’’. correct a deficiency immediately or during a 90- The Head Start Act (42 U.S.C. 9831 et seq.) is (b) SLIDING FEE SCALE.—Section 645(b) of the day period under clause (i) or (ii) of paragraph amended by inserting after section 642 the fol- Head Start Act (42 U.S.C. 9840(b)) is amended by (1)(B)’’. lowing: adding at the end the following: ‘‘A Head Start (e) REPORT.—Section 641A(e) of the Head agency that provides a Head Start program with ‘‘SEC. 642A. HEAD START TRANSITION. Start Act (42 U.S.C. 9836a(e)) is amended by full-working-day services in collaboration with ‘‘Each Head Start agency shall take steps to adding at the end the following: ‘‘Such report other agencies or entities may collect a family coordinate with the local educational agency shall be widely disseminated and available for copayment to support extended day services if a serving the community involved and with public review in both written and electronic for- copayment is required in conjunction with the schools in which children participating in a mats.’’. collaborative. The copayment charged to fami- Head Start program operated by such agency lies receiving services through the Head Start SEC. 109. POWERS AND FUNCTIONS OF HEAD will enroll following such program, including— START AGENCIES. program shall not exceed the copayment ‘‘(1) developing and implementing a system- Section 642 of the Head Start Act (42 U.S.C. charged to families with similar incomes and cir- atic procedure for transferring, with parental 9837) is amended— cumstances who are receiving the services consent, Head Start program records for each (1) in subsection (a), by inserting ‘‘or for-prof- through participation in a program carried out participating child to the school in which such it’’ after ‘‘nonprofit’’; by another agency or entity.’’. child will enroll; (2) in subsection (b)— (c) CONTINUOUS RECRUITMENT AND ACCEPT- ‘‘(2) establishing channels of communication (A) in paragraph (6)— ANCE OF APPLICATIONS.—Section 645(c) of the between Head Start staff and their counterparts (i) by striking subparagraph (D); and Head Start Act (42 U.S.C. 9840(c)) is amended by in the schools (including teachers, social work- (ii) by redesignating subparagraphs (E) and adding at the end the following: ‘‘Each Head ers, and health staff) to facilitate coordination (F) and subparagraphs (D) and (E), respec- Start program operated in a community shall be of programs; tively; permitted to recruit and accept applications for ‘‘(3) conducting meetings involving parents, (B) in paragraph (8), by striking ‘‘and’’ at the enrollment of children throughout the year.’’. kindergarten or elementary school teachers, and end; (d) OFF-RESERVATION AREA.—Section (C) in paragraph (9), by striking the period at Head Start program teachers to discuss the edu- 645(d)(1)(B) of the Head Start Act (42 U.S.C. the end and inserting ‘‘; and’’; cational, developmental, and other needs of in- 9840(d)(1)(B)) is amended by striking ‘‘a commu- (D) by redesignating paragraphs (6) through dividual children; nity with’’ and all that follows through ‘‘Indian ‘‘(4) organizing and participating in joint (9) as paragraphs (7) through (10), respectively; Affairs’’ and inserting ‘‘a community that is an (E) by inserting after paragraph (5) the fol- transition-related training of school staff and off-reservation area, designated by an appro- lowing: Head Start staff; priate tribal government, in consultation with ‘‘(6) offer to parents of participating children ‘‘(5) developing and implementing a family the Secretary’’. substance abuse counseling (either directly or outreach and support program in cooperation through referral to local entities), including in- with entities carrying out parental involvement SEC. 113. EARLY HEAD START PROGRAMS FOR FAMILIES WITH INFANTS AND TOD- formation on drug-exposed infants and fetal al- efforts under title I of the Elementary and Sec- DLERS. cohol syndrome;’’; ondary Education Act of 1965 (20 U.S.C. 6301 et Section 645A of the Head Start Act (42 U.S.C. (F) in paragraph (8) (as redesignated in sub- seq.); 9840a) is amended— paragraph (D)), by striking ‘‘paragraphs (4) ‘‘(6) assisting families, administrators, and (1) in the section heading, by inserting through (6)’’ and inserting ‘‘paragraphs (4) teachers in enhancing educational and develop- ‘‘EARLY HEAD START’’ before ‘‘PROGRAMS through (7)’’; and mental continuity between Head Start services FOR’’; (G) by adding at the end the following: and elementary school classes; and (2) in subsection (a)— ‘‘(11)(A) inform custodial parents in single- ‘‘(7) linking the services provided in such (A) in paragraph (1), by striking ‘‘; and’’ and parent families that participate in programs, ac- Head Start program with the education services inserting a period; tivities, or services carried out or provided under provided by such local educational agency.’’. (B) by striking paragraph (2); and this subchapter about the availability of child SEC. 111. SUBMISSION OF PLANS TO GOVERNORS. (C) by striking ‘‘for—’’ and all that follows support services for purposes of establishing pa- The first sentence of section 643 of the Head through ‘‘(1)’’ and inserting ‘‘for’’; ternity and acquiring child support; and Start Act (42 U.S.C. 9838) is amended— (3) in subsection (b)— ‘‘(B) refer eligible parents to the child support (1) by striking ‘‘30 days’’ and inserting ‘‘45 (A) in paragraph (5), by inserting ‘‘(including offices of State and local governments.’’; days’’; programs for infants and toddlers with disabil- (3) in subsection (c)— (2) by striking ‘‘so disapproved’’ and inserting ities)’’ after ‘‘community’’; (A) by inserting ‘‘and collaborate’’ after ‘‘co- ‘‘disapproved (for reasons other than failure of (B) in paragraph (7), by striking ‘‘and’’ at the ordinate’’; the program to comply with State health, safety, end; (B) by striking ‘‘section 402(g) of the Social (C) by redesignating paragraph (8) as para- and child care laws, including regulations ap- Security Act, and other’’ and inserting ‘‘the graph (9); and plicable to comparable child care programs in State program carried out under the Child Care (D) by inserting after paragraph (7) the fol- the State)’’; and and Development Block Grant Act of 1990 (42 lowing: (3) by inserting before the period ‘‘, as evi- U.S.C. 9858 et seq.), and other early childhood ‘‘(8) ensure formal linkages with the agencies denced by a written statement of the Secretary’s education and development’’; and and entities described in section 644(b) of the In- findings that is transmitted to such officer’’. (C) by inserting ‘‘and programs under part C dividuals with Disabilities Education Act (20 and section 619 of the Individuals with Disabil- SEC. 112. PARTICIPATION IN HEAD START PRO- U.S.C. 1444(b)) and providers of early interven- ities Education Act (20 U.S.C 1431–1445, 1419)’’ GRAMS. tion services for infants and toddlers with dis- after ‘‘(20 U.S.C. 2741 et seq.)’’; (a) REGULATIONS.—Section 645(a)(1) of the abilities under the Individuals with Disabilities (4) in subsection (d)— Head Start Act (42 U.S.C. 9840(a)(1)) is amend- Education Act (20 U.S.C. 1400 et seq.); and’’; (A) in paragraph (1)— ed— (4) in subsection (c)— (i) by striking ‘‘carry out’’ and all that fol- (1) by striking ‘‘provide (A) that’’ and insert- (A) in the matter preceding paragraph (1), by lows through ‘‘maintain’’ and inserting ‘‘take ing the following: ‘‘provide— striking ‘‘subsection (a)(1)’’ and inserting ‘‘sub- steps to ensure, to the maximum extent possible, ‘‘(A) that’’; section (a)’’; and that children maintain’’; (2) by striking ‘‘assistance; and (B) pursuant’’ (B) in paragraph (2), by striking ‘‘3 (or (ii) by inserting ‘‘and educational’’ after ‘‘de- and inserting the following: ‘‘assistance; and under’’ and all that follows and inserting ‘‘3;’’; velopmental’’; and ‘‘(B) pursuant’’; (5) in subsection (d)— (iii) by striking ‘‘to build’’ and inserting (3) in subparagraph (B), by striking ‘‘that (A) in paragraph (1), by adding ‘‘and’’ at the ‘‘build’’; programs’’ and inserting ‘‘that— end; (B) by striking paragraph (2); ‘‘(i) programs’’; and (B) by striking paragraph (2); (C) by redesignating paragraphs (3) through (4) by striking ‘‘clause (A).’’ and inserting the (C) by redesignating paragraph (3) as para- (5) as paragraphs (2) through (4), respectively; following: ‘‘subparagraph (A); and graph (2); and and ‘‘(ii) a child who has been determined to meet (D) in paragraph (2), as redesignated in sub- (D) in subparagraph (A) of paragraph (4) (as the low-income criteria and who is participating paragraph (C), by inserting ‘‘or for-profit’’ after redesignated in subparagraph (C)), by striking in a Head Start program in a program year shall ‘‘nonprofit’’; H9702 CONGRESSIONAL RECORD — HOUSE October 6, 1998 (6) by striking subsection (e); ‘‘(i) ensuring the school readiness of children; supporting the development of relationships be- (7) by redesignating subsections (f) and (g) as and tween children and their families. subsections (e) and (f), respectively; ‘‘(ii) meeting the educational performance ‘‘(2) DEGREE REQUIREMENTS.— (8) in subsection (e) (as redesignated in para- measures described in section 641A(b)(4);’’; ‘‘(A) IN GENERAL.—The Secretary shall ensure graph (7))— (B) in paragraph (2), by inserting ‘‘supple- that not later than September 30, 2003, at least (A) in the subsection heading, by striking ment amounts provided under section 50 percent of all Head Start teachers nationwide ‘‘OTHER’’; and 640(a)(3)(C)(ii) in order to’’ after ‘‘(2)’’; in center-based programs have— (B) by striking ‘‘From the balance remaining (C) in paragraph (4)— ‘‘(i) an associate, baccalaureate, or advanced of the portion specified in section 640(a)(6), after (i) by inserting ‘‘and implementing’’ after ‘‘de- degree in early childhood education; or making grants to the eligible entities specified in veloping’’; and ‘‘(ii) an associate, baccalaureate, or advanced subsection (e),’’ and inserting ‘‘From the portion (ii) by striking ‘‘a longer day’’ and inserting degree in a field related to early childhood edu- specified in section 640(a)(6),’’; the following: ‘‘the day, and assist the agencies cation, with experience in teaching preschool (9) by striking subsection (h); and and programs in expediting the sharing of infor- children. (10) by adding at the end the following: mation about innovative models for providing ‘‘(B) PROGRESS.—The Secretary shall require ‘‘(g) MONITORING, TRAINING, TECHNICAL AS- full-working-day, full calendar year services for Head Start agencies to demonstrate continuing SISTANCE, AND EVALUATION.— children’’; progress each year to reach the result described ‘‘(1) REQUIREMENT.—In order to ensure the (D) in paragraph (7), by striking ‘‘; and’’ and in subparagraph (A). successful operation of programs assisted under inserting a semicolon; ‘‘(3) ALTERNATIVE CREDENTIALING REQUIRE- this section, the Secretary shall use funds from (E) in paragraph (8), by striking the period MENTS.—The Secretary shall ensure that, for the portion specified in section 640(a)(6) to mon- and inserting ‘‘; and’’; center-based programs, each Head Start class- itor the operation of such programs, evaluate (F) by redesignating paragraphs (3) through room that does not have a teacher that meets their effectiveness, and provide training and (8) as paragraphs (5) through (10), respectively; the requirements of clause (i) or (ii) of para- technical assistance tailored to the particular (G) by inserting after paragraph (2) the fol- graph (2)(A) is assigned one teacher who has— needs of such programs. lowing: ‘‘(A) a child development associate credential ‘‘(2) TRAINING AND TECHNICAL ASSISTANCE AC- ‘‘(3) assist Head Start agencies in the develop- that is appropriate to the age of the children COUNT.— ment of collaborative initiatives with States and being served in center-based programs; ‘‘(A) IN GENERAL.—Of the amount made avail- other entities within the States, to foster effec- ‘‘(B) a State-awarded certificate for preschool able to carry out this section for any fiscal year, tive early childhood professional development teachers that meets or exceeds the requirements not less than 5 percent and not more than 10 systems; for a child development associate credential; or percent shall be reserved to fund a training and ‘‘(4) provide technical assistance and training, ‘‘(C) a degree in a field related to early child- technical assistance account. either directly or through a grant, contract, or hood education with experience in teaching pre- ‘‘(B) ACTIVITIES.—Funds in the account may cooperative agreement with an entity that has school children and a State-awarded certificate be used by the Secretary for purposes includ- experience in the development and operation of to teach in a preschool program. ing— successful family literacy services programs, for ‘‘(4) WAIVER.— ‘‘(i) making grants to, and entering into con- the purpose of— ‘‘(A) IN GENERAL.—On request, the Secretary tracts with, organizations with specialized ex- ‘‘(A) assisting Head Start agencies providing shall grant a 180-day waiver of the requirements pertise relating to infants, toddlers, and families family literacy services, in order to improve the of paragraph (3), for a Head Start agency that and the capacity needed to provide direction quality of such family literacy services; and can demonstrate that the agency has unsuccess- and support to a national training and tech- ‘‘(B) enabling those Head Start agencies that fully attempted to recruit an individual who has nical assistance system, in order to provide such demonstrate effective provision of family lit- a credential, certificate, or degree described in direction and support; eracy services, based on improved outcomes for paragraph (3), with respect to an individual ‘‘(ii) providing ongoing training and technical children and their parents, to provide technical who— assistance for regional and program staff assistance and training to other Head Start ‘‘(i) is enrolled in a program that grants any charged with monitoring and overseeing the ad- agencies and to service providers that work in such credential, certificate, or degree; and ministration of the program carried out under collaboration with such agencies to provide fam- ‘‘(ii) will receive such credential, certificate, this section; ily literacy services;’’; and or degree under the terms of such program not ‘‘(iii) providing ongoing training and tech- (H) by adding at the end the following: later than 180 days after beginning employment nical assistance for existing recipients (as of the ‘‘(11) provide support for Head Start agencies as a teacher with such agency. date of such training or assistance) of grants (including policy councils and policy commit- ‘‘(B) LIMITATION.—The Secretary may not under subsection (a) and support and program tees, as defined in regulation) that meet the grant more than one such waiver with respect to planning and implementation assistance for new standards described in section 641A(a) but that such individual.’’; and recipients of such grants; and (2) in subsection (b)(2)(B)— ‘‘(iv) providing professional development and have, as documented by the Secretary through (A) by striking ‘‘staff,’’ and inserting ‘‘staff personnel enhancement activities, including the reviews conducted pursuant to section 641A(c), or’’; and provision of funds to recipients of grants under significant programmatic, quality, and fiscal (B) by striking ‘‘, or that’’ and all that follows subsection (a) for the recruitment and retention issues to address.’’. ERVICES.—Section 648(e) of the Head through ‘‘families’’. of qualified staff with an appropriate level of (b) S Start Act (42 U.S.C. 9843(e)) is amended by in- education and experience.’’. SEC. 116. RESEARCH AND EVALUATION. serting ‘‘(including services to promote the ac- Section 649 of the Head Start Act (42 U.S.C. SEC. 114. TECHNICAL ASSISTANCE AND TRAIN- quisition of the English language)’’ after ‘‘non- ING. 9844) is amended— English language background children’’. (a) IN GENERAL.—Section 648 of the Head (1) in subsection (d)— Start Act (42 U.S.C. 9843) is amended— SEC. 115. PROFESSIONAL REQUIREMENTS. (A) in paragraph (6), by striking ‘‘and’’ at the (1) in subsection (b)— Section 648A of the Head Start Act (42 U.S.C. end; (A) in paragraph (1), by striking ‘‘and’’ at the 9843a) is amended— (B) in paragraph (7), by striking the period at end; (1) by amending subsection (a) to read as fol- the end and inserting a semicolon; (B) in paragraph (2), by striking the period lows: (C) by redesignating paragraphs (2) through and inserting ‘‘; and’’; and ‘‘(a) CLASSROOM TEACHERS.— (7) as paragraphs (3) through (8), respectively; (C) by adding at the end the following: ‘‘(1) PROFESSIONAL REQUIREMENTS.—The Sec- (D) by inserting after paragraph (1) the fol- ‘‘(3) ensure the provision of technical assist- retary shall ensure that each Head Start class- lowing: ance to assist Head Start agencies, entities car- room in a center-based program is assigned one ‘‘(2) establish evaluation methods that meas- rying out other child care and early childhood teacher who has demonstrated competency to ure the effectiveness and impact of family lit- programs, communities, and States in collabo- perform functions that include— eracy services program models, including models rative efforts to provide quality full-working- ‘‘(A) planning and implementing learning ex- for the integration of family literacy services day, full calendar year services, including tech- periences that advance the intellectual and with Head Start services;’’; and nical assistance related to identifying and as- physical development of children, including im- (E) by adding at the end the following: sisting in resolving barriers to collaboration.’’; proving the readiness of children for school by ‘‘(9) study the experiences of small, medium, and developing their literacy and phonemic, print, and large States with Head Start programs in (2) in subsection (c)— and numeracy awareness, their understanding order to permit comparisons of children partici- (A) by amending paragraph (1) to read as fol- and use of language, their understanding and pating in the programs with eligible children lows: use of increasingly complex and varied vocabu- who did not participate in the programs, which ‘‘(1) give priority consideration to— lary, their appreciation of books, and their study— ‘‘(A) activities to correct program and man- problem solving abilities; ‘‘(A) may include the use of a data set that agement deficiencies identified through reviews ‘‘(B) establishing and maintaining a safe, existed prior to the initiation of the study; and carried out pursuant to section 641A(c) (includ- healthy learning environment; ‘‘(B) shall compare the educational achieve- ing the provision of assistance to local programs ‘‘(C) supporting the social and emotional de- ment, social adaptation, and health status of in the development of quality improvement velopment of children; and the participating children and the eligible non- plans under section 641A(d)(2)); and ‘‘(D) encouraging the involvement of the fami- participating children; and ‘‘(B) assisting Head Start agencies in— lies of the children in a Head Start program and ‘‘(10) provide for— October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9703 ‘‘(A) using the Survey of Income and Program search shall be conducted as a single com- Secretary two interim reports on the research. Participation to conduct an analysis of the dif- prehensive assessment or as a group of coordi- The first interim report shall describe the design ferent income levels of Head Start participants nated assessments designed to provide, when of the research, and the rationale for the design, compared to comparable persons who did not at- taken together, a national analysis of the im- including a description of how potential sources tend Head Start programs; pact of Head Start programs. of variation in impact of Head Start programs ‘‘(B) using the National Longitudinal Survey ‘‘(4) PROGRAMS.—The Secretary shall ensure have been considered in designing the research. of Youth, which began gathering data in 1988 that the research focuses primarily on Head The second interim report shall describe the sta- on children who attended Head Start programs, Start programs that operate in the 50 States, the tus of the research and preliminary findings of to examine the wide range of outcomes measured Commonwealth of Puerto Rico, or the District of the research, as appropriate. within the Survey, including outcomes related Columbia and that do not specifically target ‘‘(B) SUBMISSION OF FINAL REPORT.—The or- to cognitive, socio-emotional, behavioral, and special populations. ganization shall prepare and submit to the Sec- academic development; ‘‘(5) ANALYSIS.—The Secretary shall ensure retary a final report containing the findings of ‘‘(C) using the Survey of Program Dynamics, that the organization conducting the research— the research. the new longitudinal survey required by section ‘‘(A)(i) determines if, overall, the Head Start ‘‘(C) TRANSMITTAL OF REPORTS TO CON- 414 of the Social Security Act (42 U.S.C. 614), to programs have impacts consistent with their pri- GRESS.— ‘‘(i) IN GENERAL.—The Secretary shall trans- begin annual reporting, through the duration of mary goal of increasing the social competence of mit, to the committees described in clause (ii), the Survey, on Head Start program attendees’ children, by increasing the everyday effective- the first interim report by September 30, 1999, academic readiness performance and improve- ness of the children in dealing with their the second interim report by September 30, 2001, ments; present environments and future responsibil- and the final report by September 30, 2003. ‘‘(D) ensuring that the Survey of Program Dy- ities, and increasing their school readiness; ‘‘(ii) COMMITTEES.—The committees referred to ‘‘(ii) considers whether the Head Start pro- namics is linked with the National Longitudinal in clause (i) are the Committee on Education grams— Survey of Youth at least once by the use of a and the Workforce of the House of Representa- ‘‘(I) enhance the growth and development of common performance test, to be determined by tives and the Committee on Labor and Human children in cognitive, emotional, and physical the expert panel, for the greater national useful- Resources of the Senate. health areas; ness of the National Longitudinal Survey of ‘‘(8) DEFINITION.—In this subsection, the term ‘‘(II) strengthen families as the primary nur- Youth database; and ‘impact’, used with respect to a Head Start pro- turers of their children; and ‘‘(E) disseminating the results of the analysis, gram, means a difference in an outcome for a ‘‘(III) ensure that children attain school read- examination, reporting, and linkage described in participant in the program that would not have iness; and subparagraphs (A) through (D) to persons con- occurred without the participation in the pro- ‘‘(iii) examines— ducting other studies under this subchapter. gram. ‘‘(I) the impact of the Head Start programs on The Secretary shall ensure that an appropriate ‘‘(h) QUALITY IMPROVEMENT STUDY.— increasing access of children to such services as ‘‘(1) STUDY.—The Secretary shall conduct a entity carries out a study described in para- educational, health, and nutritional services, graph (9), and prepares and submits to the ap- study regarding the use and effects of use of the and linking children and families to needed quality improvement funds made available propriate committees of Congress a report con- community services; and taining the results of the study, not later than under section 640(a)(3) since fiscal year 1991. ‘‘(II) how receipt of services described in sub- ‘‘(2) REPORT.—The Secretary shall prepare September 30, 2002.’’; and clause (I) enriches the lives of children and fam- (2) by adding at the end the following: and submit to Congress not later than September ilies participating in Head Start programs; 2000 a report containing the results of the study, ‘‘(g) NATIONAL HEAD START IMPACT RE- ‘‘(B) examines the impact of Head Start pro- including information on— SEARCH.— grams on participants on the date the partici- ‘‘(A) the types of activities funded with the ‘‘(1) EXPERT PANEL.— pants leave Head Start programs, at the end of quality improvement funds; ‘‘(A) IN GENERAL.—The Secretary shall ap- kindergarten and at the end of first grade ‘‘(B) the extent to which the use of the quality point an independent panel consisting of experts (whether in public or private school), by exam- improvement funds has accomplished the goals in program evaluation and research, education, ining a variety of factors, including educational of section 640(a)(3)(B); and early childhood programs— achievement, referrals for special education or ‘‘(C) the effect of use of the quality improve- ‘‘(i) to review, and make recommendations on, remedial course work, and absenteeism; ment funds on teacher training, salaries, bene- the design and plan for the research (whether ‘‘(C) makes use of random selection from the fits, recruitment, and retention; and conducted as a single assessment or as a series population of all Head Start programs described ‘‘(D) the effect of use of the quality improve- of assessments) described in paragraph (2), in paragraph (4) in selecting programs for inclu- ment funds on the development of children re- within 1 year after the date of enactment of the sion in the research; and ceiving services under this subchapter.’’. Coats Human Services Reauthorization Act of ‘‘(D) includes comparisons of individuals who SEC. 117. REPORTS. 1998; participate in Head Start programs with control Section 650 of the Head Start Act (42 U.S.C. ‘‘(ii) to maintain and advise the Secretary re- groups (including comparison groups) composed 9846) is amended— garding the progress of the research; and of— (1) by inserting ‘‘(a) STATUS OF CHILDREN.—’’ ‘‘(iii) to comment, if the panel so desires, on ‘‘(i) individuals who participate in other early before ‘‘At’’; the interim and final research reports submitted childhood programs (such as public or private (2) by striking ‘‘and Labor’’ each place it ap- under paragraph (7). preschool programs and day care); and pears and inserting ‘‘and the Workforce’’; and (3) by adding at the end the following: ‘‘(B) TRAVEL EXPENSES.—The members of the ‘‘(ii) individuals who do not participate in ‘‘(b) FACILITIES.—At least once during every panel shall not receive compensation for the any other early childhood program. performance of services for the panel, but shall 5-year period, the Secretary shall prepare and ‘‘(6) CONSIDERATION OF SOURCES OF VARI- submit, to the Committee on Education and the be allowed travel expenses, including per diem ATION.—In designing the research, the Secretary in lieu of subsistence, at rates authorized for Workforce of the House of Representatives and shall, to the extent practicable, consider ad- the Committee on Labor and Human Resources employees of agencies under subchapter I of dressing possible sources of variation in impact chapter 57 of title 5, United States Code, while of the Senate, a report concerning the condition, of Head Start programs, including variations in location, and ownership of facilities used, or away from their homes or regular places of busi- impact related to such factors as— ness in the performance of services for the available to be used, by Indian Head Start agen- ‘‘(A) Head Start program operations; cies (including Native Alaskan Head Start agen- panel. Notwithstanding section 1342 of title 31, ‘‘(B) Head Start program quality; United States Code, the Secretary may accept cies) and Native Hawaiian Head Start agen- ‘‘(C) the length of time a child attends a Head cies.’’. the voluntary and uncompensated services of Start program; members of the panel. SEC. 118. REPEAL OF CONSULTATION REQUIRE- ‘‘(D) the age of the child on entering the Head MENT. ‘‘(2) GENERAL AUTHORITY.—After reviewing Start program; Section 657A of the Head Start Act (42 U.S.C. the recommendations of the expert panel, the ‘‘(E) the type of organization (such as a local 9852a) is repealed. Secretary shall make a grant to, or enter into a educational agency or a community action SEC. 119. REPEAL OF HEAD START TRANSITION contract or cooperative agreement with, an or- agency) providing services for the Head Start PROJECT ACT. ganization to conduct independent research program; The Head Start Transition Project Act (42 that provides a national analysis of the impact ‘‘(F) the number of hours and days of pro- U.S.C. 9855–9855g) is repealed. of Head Start programs. The Secretary shall en- gram operation of the Head Start program (such TITLE II—COMMUNITY SERVICES BLOCK sure that the organization shall have expertise as whether the program is a full-working-day, GRANT PROGRAM in program evaluation, and research, education, full calendar year program, a part-day program, and early childhood programs. or a part-year program); and SEC. 201. REAUTHORIZATION. ‘‘(3) DESIGNS AND TECHNIQUES.—The Secretary ‘‘(G) other characteristics and features of the The Community Services Block Grant Act (42 shall ensure that the research uses rigorous Head Start program (such as geographic loca- U.S.C. 9901 et seq.) is amended to read as fol- methodological designs and techniques (based tion, location in an urban or a rural service lows: on the recommendations of the expert panel), in- area, or participant characteristics), as appro- ‘‘Subtitle B—Community Services Block Grant cluding longitudinal designs, control groups, priate. Program nationally recognized standardized measures, ‘‘(7) REPORTS.— ‘‘SEC. 671. SHORT TITLE. and random selection and assignment, as appro- ‘‘(A) SUBMISSION OF INTERIM REPORTS.—The ‘‘This subtitle may be cited as the ‘Community priate. The Secretary may provide that the re- organization shall prepare and submit to the Services Block Grant Act’. H9704 CONGRESSIONAL RECORD — HOUSE October 6, 1998

‘‘SEC. 672. PURPOSES AND GOALS. interval immediately preceding the time at ‘‘(1) that no State shall receive less than 1⁄4 of ‘‘The purposes of this subtitle are— which the revision is made. Whenever a State 1 percent of the amount appropriated under sec- ‘‘(1) to provide assistance to States and local determines that it serves the objectives of the tion 674(a) for such fiscal year; and communities, working through a network of block grant program established under this sub- ‘‘(2) as provided in subsection (b). community action agencies and other neighbor- title, the State may revise the poverty line to not ‘‘(b) ALLOTMENTS IN YEARS WITH GREATER hood-based organizations, for the reduction of to exceed 125 percent of the official poverty line AVAILABLE FUNDS.— poverty, the revitalization of low-income com- otherwise applicable under this paragraph. ‘‘(1) MINIMUM ALLOTMENTS.—Subject to para- munities, and the empowerment of low-income ‘‘(3) PRIVATE, NONPROFIT ORGANIZATION.—The graphs (2) and (3), if the amount appropriated families and individuals in rural and urban term ‘private, nonprofit organization’ includes a under section 674(a) for a fiscal year that re- areas to become fully self-sufficient (particu- religious organization, to which the provisions mains after the Secretary makes the reservations larly families who are attempting to transition of section 679 shall apply. required in section 674(b) exceeds $345,000,000, off a State program carried out under part A of ‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary shall allot to each State not less title IV of the Social Security Act (42 U.S.C. 601 the Secretary of Health and Human Services. than 1⁄2 of 1 percent of the amount appropriated et seq.)); and ‘‘(5) STATE.—The term ‘State’ means each of under section 674(a) for such fiscal year. ‘‘(2) to accomplish the goals described in para- the several States, the District of Columbia, the ‘‘(2) MAINTENANCE OF FISCAL YEAR 1990 LEV- graph (1) through— Commonwealth of Puerto Rico, Guam, the ELS.—Paragraph (1) shall not apply with re- ‘‘(A) the strengthening of community capabili- United States Virgin Islands, American Samoa, spect to a fiscal year if the amount allotted ties for planning and coordinating the use of a and the Commonwealth of the Northern Mari- under subsection (a) to any State for that year broad range of Federal, State, local, and other ana Islands. is less than the amount allotted under section assistance (including private resources) related ‘‘SEC. 674. AUTHORIZATION OF APPROPRIATIONS. 674(a)(1) (as in effect on September 30, 1989) to to the elimination of poverty, so that this assist- ‘‘(a) IN GENERAL.—There are authorized to be such State for fiscal year 1990. ance can be used in a manner responsive to appropriated such sums as may be necessary for ‘‘(3) MAXIMUM ALLOTMENTS.—The amount al- local needs and conditions; each of fiscal years 1999 through 2003 to carry lotted under paragraph (1) to a State for a fiscal ‘‘(B) the organization of a range of services out the provisions of this subtitle (other than year shall be reduced, if necessary, so that the related to the needs of low-income families and sections 681 and 682). aggregate amount allotted to such State under individuals, so that these services may have a ‘‘(b) RESERVATIONS.—Of the amounts appro- such paragraph and subsection (a) does not ex- measurable and potentially major impact on the priated under subsection (a) for each fiscal ceed 140 percent of the aggregate amount allot- causes of poverty in the community and may year, the Secretary shall reserve— ted to such State under the corresponding provi- help the families and individuals to achieve self- ‘‘(1) 1⁄2 of 1 percent for carrying out section sions of this subtitle for the preceding fiscal sufficiency; 675A (relating to payments for territories); year. ‘‘(C) the greater use of innovative and effec- ‘‘(2) 1 1⁄2 percent for activities authorized in ‘‘(c) PAYMENTS.—The Secretary shall make tive community-based approaches to attacking sections 678A through 678F, of which— grants to eligible States for the allotments de- the causes and effects of poverty and of commu- ‘‘(A) not less than 1⁄2 of the amount reserved scribed in subsections (a) and (b). The Secretary nity breakdown; by the Secretary under this paragraph shall be shall make payments for the grants in accord- ‘‘(D) the maximum participation of residents distributed directly to eligible entities, organiza- ance with section 6503(a) of title 31, United of the low-income communities and members of tions, or associations described in section States Code. the groups served by programs assisted through 678A(c)(2) for the purpose of carrying out activi- ‘‘(d) DEFINITION.—In this section, the term the block grants made under this subtitle to em- ties described in section 678A(c); and ‘State’ does not include Guam, American Samoa, power such residents and members to respond to ‘‘(B) 1⁄2 of the remainder of the amount re- the United States Virgin Islands, and the Com- the unique problems and needs within their served by the Secretary under this paragraph monwealth of the Northern Mariana Islands. communities; and shall be used by the Secretary to carry out eval- ‘‘SEC. 675C. USES OF FUNDS. ‘‘(E) the broadening of the resource base of uation and to assist States in carrying out cor- ‘‘(a) GRANTS TO ELIGIBLE ENTITIES AND OTHER programs directed to the elimination of poverty rective action activities and monitoring (to cor- ORGANIZATIONS.— so as to secure a more active role in the provi- rect programmatic deficiencies of eligible enti- ‘‘(1) IN GENERAL.—Not less than 90 percent of sion of services for— ties), as described in sections 678B(c) and 678A; the funds made available to a State under sec- ‘‘(i) private, religious, charitable, and neigh- and tion 675A or 675B shall be used by the State to borhood-based organizations; and ‘‘(3) 9 percent for carrying out section 680 (re- make grants for the purposes described in sec- ‘‘(ii) individual citizens, and business, labor, lating to discretionary activities) and section tion 672 to eligible entities. and professional groups, who are able to influ- 678E(b)(2). ‘‘(2) OBLIGATIONAL AUTHORITY.—Funds dis- ence the quantity and quality of opportunities ‘‘SEC. 675. ESTABLISHMENT OF BLOCK GRANT tributed to eligible entities through grants made and services for the poor. PROGRAM. in accordance with paragraph (1) for a fiscal ‘‘SEC. 673. DEFINITIONS. ‘‘The Secretary is authorized to establish a year shall be available for obligation during ‘‘In this subtitle: community services block grant program and that fiscal year and the succeeding fiscal year, ‘‘(1) ELIGIBLE ENTITY; FAMILY LITERACY SERV- make grants through the program to States to subject to paragraph (3). ICES.— ameliorate the causes of poverty in communities ‘‘(3) RECAPTURE AND REDISTRIBUTION OF UN- ‘‘(A) ELIGIBLE ENTITY.—The term ‘eligible en- within the States. OBLIGATED FUNDS.— tity’ means an entity— ‘‘SEC. 675A. DISTRIBUTION TO TERRITORIES. ‘‘(A) AMOUNT.—Beginning on October 1, 2000, ‘‘(i) that is an eligible entity described in sec- ‘‘(a) APPORTIONMENT.—The Secretary shall a State may recapture and redistribute funds tion 673(1) (as in effect on the day before the apportion the amount reserved under section distributed to an eligible entity through a grant date of enactment of the Coats Human Services 674(b)(1) for each fiscal year on the basis of made under paragraph (1) that are unobligated Reauthorization Act of 1998) as of the day be- need among Guam, American Samoa, the United at the end of a fiscal year if such unobligated fore such date of enactment or is designated by States Virgin Islands, and the Commonwealth of funds exceed 20 percent of the amount so dis- the process described in section 676A (including the Northern Mariana Islands. tributed to such eligible entity for such fiscal an organization serving migrant or seasonal ‘‘(b) APPLICATION.—Each jurisdiction to year. farmworkers that is so described or designated); which subsection (a) applies may receive a grant ‘‘(B) REDISTRIBUTION.—In redistributing and under this section for the amount apportioned funds recaptured in accordance with this para- ‘‘(ii) that has a tripartite board or other mech- under subsection (a) on submitting to the Sec- graph, States shall redistribute such funds to an anism described in subsection (a) or (b), as ap- retary, and obtaining approval of, an applica- eligible entity, or require the original recipient propriate, of section 676B. tion, containing provisions that describe the of the funds to redistribute the funds to a pri- ‘‘(B) FAMILY LITERACY SERVICES.—The term programs for which assistance is sought under vate, nonprofit organization, located within the ‘family literacy services’ has the meaning given this section, that is prepared in accordance community served by the original recipient of the term in section 637 of the Head Start Act (42 with, and contains the information described in, the funds, for activities consistent with the pur- U.S.C. 9832). section 676. poses of this subtitle. ‘‘(2) POVERTY LINE.—The term ‘poverty line’ ‘‘SEC. 675B. ALLOTMENTS AND PAYMENTS TO ‘‘(b) STATEWIDE ACTIVITIES.— means the official poverty line defined by the STATES. ‘‘(1) USE OF REMAINDER.—If a State uses less Office of Management and Budget based on the ‘‘(a) ALLOTMENTS IN GENERAL.—The Secretary than 100 percent of the grant or allotment re- most recent data available from the Bureau of shall, from the amount appropriated under sec- ceived under section 675A or 675B to make the Census. The Secretary shall revise annually tion 674(a) for each fiscal year that remains grants under subsection (a), the State shall use (or at any shorter interval the Secretary deter- after the Secretary makes the reservations re- the remainder of the grant or allotment under mines to be feasible and desirable) the poverty quired in section 674(b), allot to each State (sub- section 675A or 675B (subject to paragraph (2)) line, which shall be used as a criterion of eligi- ject to section 677) an amount that bears the for activities that may include— bility in the community services block grant pro- same ratio to such remaining amount as the ‘‘(A) providing training and technical assist- gram established under this subtitle. The re- amount received by the State for fiscal year 1981 ance to those entities in need of such training quired revision shall be accomplished by mul- under section 221 of the Economic Opportunity and assistance; tiplying the official poverty line by the percent- Act of 1964 bore to the total amount received by ‘‘(B) coordinating State-operated programs age change in the Consumer Price Index for All all States for fiscal year 1981 under such section, and services, and at the option of the State, lo- Urban Consumers during the annual or other except— cally-operated programs and services, targeted October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9705

to low-income children and families with serv- ‘‘(II) COLLECTION ORGANIZATION.—The term ‘‘(vi) ADDITIONAL REQUIREMENTS FOR COLLEC- ices provided by eligible entities and other orga- ‘collection organization’ means an organization TION ORGANIZATIONS.—The requirements of this nizations funded under this subtitle, including described in section 501(c)(3) of such Code and clause are met if the organization— detailing appropriate employees of State or local exempt from tax under section 501(a) of such ‘‘(I) maintains separate accounting for reve- agencies to entities funded under this subtitle, Code— nues and expenses; and to ensure increased access to services provided ‘‘(aa) that solicits and collects gifts and ‘‘(II) makes available to the public informa- by such State or local agencies; grants that, by agreement, are distributed to tion on the administrative and fundraising costs ‘‘(C) supporting statewide coordination and qualified charities; of the organization, and information as to the communication among eligible entities; ‘‘(bb) that distributes to qualified charities at organizations receiving funds from the organi- ‘‘(D) analyzing the distribution of funds made least 90 percent of the gifts and grants the orga- zation and the amount of such funds. available under this subtitle within the State to nization receives that are designated for such ‘‘(vii) SPECIAL RULE FOR STATES REQUIRING determine if such funds have been targeted to qualified charities; and TAX UNIFORMITY.—In the case of a State— the areas of greatest need; ‘‘(cc) that meets the requirements of clause ‘‘(I) that has a constitutional requirement of ‘‘(E) supporting asset-building programs for (vi). tax uniformity; and low-income individuals, such as programs sup- ‘‘(iii) CHARITY MUST PRIMARILY ASSIST POOR ‘‘(II) that, as of December 31, 1997, imposed a porting individual development accounts; INDIVIDUALS.— tax on personal income with— ‘‘(F) supporting innovative programs and ac- ‘‘(I) IN GENERAL.—An organization meets the ‘‘(aa) a single flat rate applicable to all tivities conducted by community action agencies requirements of this clause only if the appro- earned and unearned income (except insofar as or other neighborhood-based organizations to priate State authority reasonably expects that any amount is not taxed pursuant to tax for- eliminate poverty, promote self-sufficiency, and the predominant activity of such organization giveness provisions); and promote community revitalization; will be the provision of direct services within the ‘‘(bb) no generally available exemptions or de- ‘‘(G) supporting State charity tax credits as United States to individuals and families whose ductions to individuals; described in subsection (c); and annual incomes generally do not exceed 185 per- ‘‘(H) supporting other activities, consistent the requirement of paragraph (2) shall be treat- cent of the poverty line in order to prevent or al- with the purposes of this subtitle. ed as met if the amount of the credit described leviate poverty among such individuals and ‘‘(2) ADMINISTRATIVE CAP.—No State may in paragraph (2) is limited to a uniform percent- spend more than the greater of $55,000, or 5 per- families. age (but not greater than 25 percent) of State cent, of the grant received under section 675A or ‘‘(II) NO RECORDKEEPING IN CERTAIN CASES.— personal income tax liability (determined with- State allotment received under section 675B for An organization shall not be required to estab- out regard to credits). administrative expenses, including monitoring lish or maintain records with respect to the in- ‘‘(4) LIMITATION ON USE OF FUNDS FOR START- activities. Funds to be spent for such expenses comes of individuals and families for purposes of UP AND ADMINISTRATIVE ACTIVITIES.—Except to shall be taken from the portion of the grant subclause (I) if such individuals or families are the extent provided in subsection (b)(2), no part under section 675A or State allotment that re- members of groups that are generally recognized of the aggregate amount a State uses under mains after the State makes grants to eligible as including substantially only individuals and paragraph (1) may be used to pay for the cost of entities under subsection (a). The cost of activi- families described in subclause (I). the startup and administrative activities con- ties conducted under paragraph (1)(A) shall not ‘‘(III) FOOD AID AND HOMELESS SHELTERS.— ducted under this subsection. be considered to be administrative expenses. The Except as otherwise provided by the appropriate ‘‘(5) PROHIBITION ON USE OF FUNDS FOR LEGAL startup cost and cost of administrative activities State authority, for purposes of subclause (I), SERVICES OR TUITION ASSISTANCE.—No part of conducted under subsection (c) shall be consid- services to individuals in the form of— the aggregate amount a State uses under para- ered to be administrative expenses. ‘‘(aa) donations of food or meals; or graph (1) may be used to provide legal services ‘‘(c) CHARITY TAX CREDIT.— ‘‘(bb) temporary shelter to homeless individ- or to provide tuition assistance related to com- ‘‘(1) IN GENERAL.—Subject to paragraph (2), if uals; pulsory education requirements (not including there is in effect under State law a charity tax shall be treated as provided to individuals de- tuition assistance for tutoring, camps, skills de- credit, the State may use for any purpose the scribed in subclause (I) if the location and pro- velopment, or other supplemental services or amount of the allotment that is available for ex- vision of such services are such that the service training). penditure under subsection (b). provider may reasonably conclude that the ‘‘(6) PROHIBITION ON SUPPLANTING FUNDS.—No ‘‘(2) LIMIT.—The aggregate amount a State beneficiaries of such services are predominantly part of the aggregate amount a State uses under may use under paragraph (1) during a fiscal individuals described in subclause (I). paragraph (1) may be used to supplant non-Fed- year shall not exceed 100 percent of the revenue ‘‘(iv) MINIMUM EXPENSE REQUIREMENT.— eral funds that would be available, in the ab- loss of the State during the fiscal year that is ‘‘(I) IN GENERAL.—An organization meets the sence of Federal funds, to offset a revenue loss attributable to the charity tax credit, as deter- requirements of this clause only if the appro- of the State attributable to a charity tax credit. mined by the Secretary of the Treasury without priate State authority reasonably expects that ‘‘SEC. 676. APPLICATION AND PLAN. regard to any such revenue loss occurring before the annual poverty program expenses of such ‘‘(a) DESIGNATION OF LEAD AGENCY.— January 1, 1999. organization will not be less than 75 percent of ‘‘(1) DESIGNATION.—The chief executive officer ‘‘(3) DEFINITIONS AND RULES.—In this sub- the annual aggregate expenses of such organi- of a State desiring to receive a grant or allot- section: zation. ment under section 675A or 675B shall designate, ‘‘(A) CHARITY TAX CREDIT.—The term ‘charity ‘‘(II) POVERTY PROGRAM EXPENSE.—For pur- in an application submitted to the Secretary tax credit’ means a nonrefundable credit against poses of subclause (I)— under subsection (b), an appropriate State agen- State income tax (or, in the case of a State that ‘‘(aa) IN GENERAL.—The term ‘poverty pro- cy that complies with the requirements of para- does not impose an income tax, a comparable gram expense’ means any expense in providing graph (2) to act as a lead agency for purposes benefit) that is allowable for contributions, in direct services referred to in clause (iii). of carrying out State activities under this sub- cash or in kind, to qualified charities. ‘‘(bb) EXCEPTIONS.—Such term shall not in- title. ‘‘(B) QUALIFIED CHARITY.— clude any management or general expense, any ‘‘(2) DUTIES.—The lead agency shall— ‘‘(i) IN GENERAL.—The term ‘qualified charity’ expense for the purpose of influencing legisla- ‘‘(A) develop the State plan to be submitted to means any organization— tion (as defined in section 4911(d) of the Inter- the Secretary under subsection (b); ‘‘(I) that is— nal Revenue Code of 1986), any expense for the ‘‘(aa) described in section 501(c)(3) of the ‘‘(B) in conjunction with the development of purpose of fundraising, any expense for a legal Internal Revenue Code of 1986 and exempt from the State plan as required under subsection (b), service provided on behalf of any individual re- tax under section 501(a) of such Code; hold at least one hearing in the State with suffi- ‘‘(bb) an eligible entity; or ferred to in clause (iii), any expense for provid- cient time and statewide distribution of notice of ‘‘(cc) a public housing agency as defined in ing tuition assistance relating to compulsory such hearing, to provide to the public an oppor- section 3(b)(6) of the United States Housing Act school attendance, and any expense that con- tunity to comment on the proposed use and dis- of 1937 (42 U.S.C. 1437a(b)(6)); sists of a payment to an affiliate of the organi- tribution of funds to be provided through the ‘‘(II) that is certified by the appropriate State zation. grant or allotment under section 675A or 675B authority as meeting the requirements of clauses ‘‘(v) REPORTING REQUIREMENT.—The informa- for the period covered by the State plan; and (iii) and (iv); and tion required to be furnished under this clause ‘‘(C) conduct reviews of eligible entities under ‘‘(III) if such organization is otherwise re- about an organization is— section 678B. quired to file a return under section 6033 of such ‘‘(I) the percentages determined by dividing ‘‘(3) LEGISLATIVE HEARING.—In order to be eli- Code, that elects to treat the information re- the following categories of the organization’s gible to receive a grant or allotment under sec- quired to be furnished by clause (v) as being expenses for the year by the total expenses of tion 675A or 675B, the State shall hold at least specified in section 6033(b) of such Code. the organization for the year: expenses for di- one legislative hearing every 3 years in conjunc- ‘‘(ii) CERTAIN CONTRIBUTIONS TO COLLECTION rect services, management expenses, general ex- tion with the development of the State plan. ORGANIZATIONS TREATED AS CONTRIBUTIONS TO penses, fundraising expenses, and payments to ‘‘(b) STATE APPLICATION AND PLAN.—Begin- QUALIFIED CHARITY.— affiliates; and ning with fiscal year 2000, to be eligible to re- ‘‘(I) IN GENERAL.—A contribution to a collec- ‘‘(II) the category or categories (including ceive a grant or allotment under section 675A or tion organization shall be treated as a contribu- food, shelter, education, substance abuse pre- 675B, a State shall prepare and submit to the tion to a qualified charity if the donor des- vention or treatment, job training, or other) of Secretary an application and State plan cover- ignates in writing that the contribution is for services that constitute predominant activities of ing a period of not less than 1 fiscal year and the qualified charity. the organization. not more than 2 fiscal years. The plan shall be H9706 CONGRESSIONAL RECORD — HOUSE October 6, 1998 submitted not later than 30 days prior to the be- through the provision of information, referrals, another performance measure system for which ginning of the first fiscal year covered by the case management, and followup consultations; the Secretary facilitated development pursuant plan, and shall contain such information as the ‘‘(C) a description of how funds made avail- to section 678E(b), or an alternative system for Secretary shall require, including— able through grants made under section 675C(a) measuring performance and results that meets ‘‘(1) an assurance that funds made available will be coordinated with other public and pri- the requirements of that section, and a descrip- through the grant or allotment will be used— vate resources; and tion of outcome measures to be used to measure ‘‘(A) to support activities that are designed to ‘‘(D) a description of how the local entity will eligible entity performance in promoting self- assist low-income families and individuals, in- use the funds to support innovative community sufficiency, family stability, and community re- cluding families and individuals receiving as- and neighborhood-based initiatives related to vitalization; and sistance under part A of title IV of the Social the purposes of this subtitle, which may include ‘‘(13) information describing how the State Security Act (42 U.S.C. 601 et seq.), homeless fatherhood initiatives and other initiatives with will carry out the assurances described in this families and individuals, migrant or seasonal the goal of strengthening families and encourag- subsection. farmworkers, and elderly low-income individ- ing effective parenting; ‘‘(c) FUNDING TERMINATION OR REDUCTIONS.— uals and families, and a description of how such ‘‘(4) an assurance that eligible entities in the For purposes of making a determination in ac- activities will enable the families and individ- State will provide, on an emergency basis, for cordance with subsection (b)(8) with respect to— uals— the provision of such supplies and services, nu- ‘‘(1) a funding reduction, the term ‘cause’ in- ‘‘(i) to remove obstacles and solve problems tritious foods, and related services, as may be cludes— that block the achievement of self-sufficiency necessary to counteract conditions of starvation ‘‘(A) a statewide redistribution of funds pro- (including self-sufficiency for families and indi- and malnutrition among low-income individ- vided through a community services block grant viduals who are attempting to transition off a uals; under this subtitle to respond to— State program carried out under part A of title ‘‘(5) an assurance that the State and the eligi- ‘‘(i) the results of the most recently available IV of the Social Security Act); ble entities in the State will coordinate, and es- census or other appropriate data; ‘‘(ii) to secure and retain meaningful employ- tablish linkages between, governmental and ‘‘(ii) the designation of a new eligible entity; ment; other social services programs to assure the ef- or ‘‘(iii) to attain an adequate education, with fective delivery of such services to low-income ‘‘(iii) severe economic dislocation; or particular attention toward improving literacy individuals and to avoid duplication of such ‘‘(B) the failure of an eligible entity to comply skills of the low-income families in the commu- services, and a description of how the State and with the terms of an agreement or a State plan, nities involved, which may include carrying out the eligible entities will coordinate the provision or to meet a State requirement, as described in family literacy initiatives; of employment and training activities, as de- section 678C(a); and ‘‘(iv) to make better use of available income; fined in section 101 of such Act, in the State and ‘‘(2) a termination, the term ‘cause’ includes ‘‘(v) to obtain and maintain adequate housing in communities with entities providing activities the failure of an eligible entity to comply with and a suitable living environment; through statewide and local workforce invest- the terms of an agreement or a State plan, or to ‘‘(vi) to obtain emergency assistance through ment systems under the Workforce Investment meet a State requirement, as described in section loans, grants, or other means to meet immediate Act of 1998; 678C(a). and urgent family and individual needs; and ‘‘(6) an assurance that the State will ensure ‘‘(d) PROCEDURES AND INFORMATION.—The ‘‘(vii) to achieve greater participation in the coordination between antipoverty programs in Secretary may prescribe procedures for the pur- affairs of the communities involved, including each community in the State, and ensure, where pose of assessing the effectiveness of eligible en- the development of public and private grassroots appropriate, that emergency energy crisis inter- tities in carrying out the purposes of this sub- partnerships with local law enforcement agen- vention programs under title XXVI (relating to title. cies, local housing authorities, private founda- low-income home energy assistance) are con- ‘‘(e) REVISIONS AND INSPECTION.— tions, and other public and private partners to— ‘‘(1) REVISIONS.—The chief executive officer of ‘‘(I) document best practices based on success- ducted in such community; ‘‘(7) an assurance that the State will permit each State may revise any plan prepared under ful grassroots intervention in urban areas, to and cooperate with Federal investigations un- this section and shall submit the revised plan to develop methodologies for widespread replica- dertaken in accordance with section 678D; the Secretary. tion; and ‘‘(8) an assurance that any eligible entity in ‘‘(2) PUBLIC INSPECTION.—Each plan or re- ‘‘(II) strengthen and improve relationships the State that received funding in the previous vised plan prepared under this section shall be with local law enforcement agencies, which may fiscal year through a community services block made available for public inspection within the include participation in activities such as neigh- grant made under this subtitle will not have its State in such a manner as will facilitate review borhood or community policing efforts; ‘‘(B) to address the needs of youth in low-in- funding terminated under this subtitle, or re- of, and comment on, the plan. come communities through youth development duced below the proportional share of funding ‘‘(f) TRANSITION.—For fiscal year 2000, to be programs that support the primary role of the the entity received in the previous fiscal year eligible to receive a grant or allotment under family, give priority to the prevention of youth unless, after providing notice and an oppor- section 675A or 675B, a State shall prepare and problems and crime, and promote increased com- tunity for a hearing on the record, the State de- submit to the Secretary an application and State munity coordination and collaboration in meet- termines that cause exists for such termination plan in accordance with the provisions of this ing the needs of youth, and support develop- or such reduction, subject to review by the Sec- subtitle (as in effect on the day before the date ment and expansion of innovative community- retary as provided in section 678C(b); of enactment of the Coats Human Services Re- based youth development programs that have ‘‘(9) an assurance that the State and eligible authorization Act of 1998), rather than the pro- demonstrated success in preventing or reducing entities in the State will, to the maximum extent visions of subsections (a) through (c) relating to youth crime, such as— possible, coordinate programs with and form applications and plans. ‘‘(i) programs for the establishment of vio- partnerships with other organizations serving ‘‘SEC. 676A. DESIGNATION AND REDESIGNATION lence-free zones that would involve youth devel- low-income residents of the communities and OF ELIGIBLE ENTITIES IN opment and intervention models (such as models members of the groups served by the State, in- UNSERVED AREAS. involving youth mediation, youth mentoring, cluding religious organizations, charitable ‘‘(a) QUALIFIED ORGANIZATION IN OR NEAR life skills training, job creation, and entrepre- groups, and community organizations; AREA.— neurship programs); and ‘‘(10) an assurance that the State will require ‘‘(1) IN GENERAL.—If any geographic area of a ‘‘(ii) after-school child care programs; and each eligible entity in the State to establish pro- State is not, or ceases to be, served by an eligible ‘‘(C) to make more effective use of, and to co- cedures under which a low-income individual, entity under this subtitle, and if the chief execu- ordinate with, other programs related to the community organization, or religious organiza- tive officer of the State decides to serve such purposes of this subtitle (including State welfare tion, or representative of low-income individuals area, the chief executive officer may solicit ap- reform efforts); that considers its organization, or low-income plications from, and designate as an eligible en- ‘‘(2) a description of how the State intends to individuals, to be inadequately represented on tity— use discretionary funds made available from the the board (or other mechanism) of the eligible ‘‘(A) a private nonprofit organization (which remainder of the grant or allotment described in entity to petition for adequate representation; may include an eligible entity) that is geo- section 675C(b) in accordance with this subtitle, ‘‘(11) an assurance that the State will secure graphically located in the unserved area, that is including a description of how the State will from each eligible entity in the State, as a con- capable of providing a broad range of services support innovative community and neighbor- dition to receipt of funding by the entity designed to eliminate poverty and foster self-suf- hood-based initiatives related to the purposes of through a community services block grant made ficiency, and that meets the requirements of this this subtitle; under this subtitle for a program, a community subtitle; and ‘‘(3) information provided by eligible entities action plan (which shall be submitted to the ‘‘(B) a private nonprofit eligible entity that is in the State, containing— Secretary, at the request of the Secretary, with geographically located in an area contiguous to ‘‘(A) a description of the service delivery sys- the State plan) that includes a community-needs or within reasonable proximity of the unserved tem, for services provided or coordinated with assessment for the community served, which area and that is already providing related serv- funds made available through grants made may be coordinated with community-needs as- ices in the unserved area. under section 675C(a), targeted to low-income sessments conducted for other programs; ‘‘(2) REQUIREMENT.—In order to serve as the individuals and families in communities within ‘‘(12) an assurance that the State and all eli- eligible entity for the area, an entity described the State; gible entities in the State will, not later than fis- in paragraph (1)(B) shall agree to add addi- ‘‘(B) a description of how linkages will be de- cal year 2001, participate in the Results Ori- tional members to the board of the entity to en- veloped to fill identified gaps in the services, ented Management and Accountability System, sure adequate representation— October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9707 ‘‘(A) in each of the three required categories low-income individuals in the development, and technical assistance to be carried out under described in subparagraphs (A), (B), and (C) of planning, implementation, and evaluation of this section shall— section 676B(a)(2), by members that reside in the programs funded under this subtitle. ‘‘(1) ensure that the needs of eligible entities community comprised by the unserved area; and ‘‘SEC. 677. PAYMENTS TO INDIAN TRIBES. and programs relating to improving program ‘‘(B) in the category described in section ‘‘(a) RESERVATION.—If, with respect to any quality (including quality of financial manage- 676B(a)(2)(B), by members that reside in the State, the Secretary— ment practices) are addressed to the maximum neighborhood to be served. ‘‘(1) receives a request from the governing extent feasible; and ‘‘(b) SPECIAL CONSIDERATION.—In designating body of an Indian tribe or tribal organization ‘‘(2) incorporate mechanisms to ensure respon- an eligible entity under subsection (a), the chief within the State that assistance under this sub- siveness to local needs, including an ongoing executive officer shall grant the designation to title be made directly to such tribe or organiza- procedure for obtaining input from the national an organization of demonstrated effectiveness in tion; and and State networks of eligible entities. meeting the goals and purposes of this subtitle ‘‘(2) determines that the members of such tribe ‘‘(c) DISTRIBUTION REQUIREMENT.— and may give priority, in granting the designa- or tribal organization would be better served by ‘‘(1) IN GENERAL.—The amounts reserved tion, to eligible entities that are providing relat- means of grants made directly to provide bene- under section 674(b)(2)(A) for activities to be ed services in the unserved area, consistent with fits under this subtitle, carried out under this subsection shall be dis- the needs identified by a community-needs as- the Secretary shall reserve from amounts that tributed directly to eligible entities, organiza- sessment. would otherwise be allotted to such State under tions, or associations described in paragraph (2) ‘‘(c) NO QUALIFIED ORGANIZATION IN OR NEAR section 675B for the fiscal year the amount de- for the purpose of improving program quality AREA.—If no private, nonprofit organization is termined under subsection (b). (including quality of financial management identified or determined to be qualified under ‘‘(b) DETERMINATION OF RESERVED AMOUNT.— practices), management information and report- subsection (a) to serve the unserved area as an The Secretary shall reserve for the purpose of ing systems, and measurement of program re- eligible entity the chief executive officer may subsection (a) from amounts that would other- sults, and for the purpose of ensuring respon- designate an appropriate political subdivision of wise be allotted to such State, not less than 100 siveness to identified local needs. the State to serve as an eligible entity for the percent of an amount that bears the same ratio ‘‘(2) ELIGIBLE ENTITIES, ORGANIZATIONS, OR area. In order to serve as the eligible entity for to the State allotment for the fiscal year in- ASSOCIATIONS.—Eligible entities, organizations, that area, the political subdivision shall have a volved as the population of all eligible Indians or associations described in this paragraph shall board or other mechanism as required in section for whom a determination has been made under be eligible entities, or statewide or local organi- 676B(b). subsection (a) bears to the population of all in- zations or associations, with demonstrated ex- ‘‘SEC. 676B. TRIPARTITE BOARDS. dividuals eligible for assistance through a com- pertise in providing training to individuals and ‘‘(a) PRIVATE NONPROFIT ENTITIES.— munity services block grant made under this organizations on methods of effectively address- ‘‘(1) BOARD.—In order for a private, nonprofit subtitle in such State. ing the needs of low-income families and com- entity to be considered to be an eligible entity ‘‘(c) AWARDS.—The sums reserved by the Sec- munities. for purposes of section 673(1), the entity shall retary on the basis of a determination made ‘‘SEC. 678B. MONITORING OF ELIGIBLE ENTITIES. under subsection (a) shall be made available by administer the community services block grant ‘‘(a) IN GENERAL.—In order to determine program through a tripartite board described in grant to the Indian tribe or tribal organization whether eligible entities meet the performance paragraph (2) that fully participates in the de- serving the individuals for whom such a deter- goals, administrative standards, financial man- velopment, planning, implementation, and eval- mination has been made. agement requirements, and other requirements ‘‘(d) PLAN.—In order for an Indian tribe or uation of the program to serve low-income com- of a State, the State shall conduct the following tribal organization to be eligible for a grant munities. reviews of eligible entities: award for a fiscal year under this section, the ‘‘(2) SELECTION AND COMPOSITION OF BOARD.— ‘‘(1) A full onsite review of each such entity at tribe or organization shall submit to the Sec- The members of the board referred to in para- least once during each 3-year period. retary a plan for such fiscal year that meets graph (1) shall be selected by the entity and the ‘‘(2) An onsite review of each newly des- such criteria as the Secretary may prescribe by board shall be composed so as to assure that— ignated entity immediately after the completion 1 regulation. ‘‘(A) ⁄3 of the members of the board are elect- of the first year in which such entity receives ‘‘(e) DEFINITIONS.—In this section: ed public officials, holding office on the date of funds through the community services block ‘‘(1) INDIAN TRIBE; TRIBAL ORGANIZATION.— selection, or their representatives, except that if grant program. the number of such elected officials reasonably The terms ‘Indian tribe’ and ‘tribal organiza- tion’ mean a tribe, band, or other organized ‘‘(3) Followup reviews including prompt re- available and willing to serve on the board is turn visits to eligible entities, and their pro- 1 group recognized in the State in which the tribe, less than ⁄3 of the membership of the board, grams, that fail to meet the goals, standards, membership on the board of appointive public band, or group resides, or considered by the Sec- retary of the Interior, to be an Indian tribe or and requirements established by the State. officials or their representatives may be counted ‘‘(4) Other reviews as appropriate, including 1 an Indian organization for any purpose. in meeting such ⁄3 requirement; reviews of entities with programs that have had ‘‘(B)(i) not fewer than 1⁄3 of the members are ‘‘(2) INDIAN.—The term ‘Indian’ means a mem- other Federal, State, or local grants (other than persons chosen in accordance with democratic ber of an Indian tribe or of a tribal organiza- assistance provided under this subtitle) termi- selection procedures adequate to assure that tion. nated for cause. these members are representative of low-income ‘‘SEC. 678. OFFICE OF COMMUNITY SERVICES. ‘‘(b) REQUESTS.—The State may request train- ‘‘(a) OFFICE.—The Secretary shall carry out individuals and families in the neighborhood ing and technical assistance from the Secretary the functions of this subtitle through an Office served; and as needed to comply with the requirements of ‘‘(ii) each representative of low-income indi- of Community Services, which shall be estab- this section. viduals and families selected to represent a spe- lished in the Department of Health and Human ‘‘(c) EVALUATIONS BY THE SECRETARY.—The cific neighborhood within a community under Services. The Office shall be headed by a Direc- Secretary shall conduct in several States in each clause (i) resides in the neighborhood rep- tor. fiscal year evaluations (including investiga- resented by the member; and ‘‘(b) GRANTS, CONTRACTS, AND COOPERATIVE tions) of the use of funds received by the States ‘‘(C) the remainder of the members are offi- AGREEMENTS.—The Secretary shall carry out under this subtitle in order to evaluate compli- cials or members of business, industry, labor, re- functions of this subtitle through grants, con- ance with the provisions of this subtitle, and es- ligious, law enforcement, education, or other tracts, or cooperative agreements. pecially with respect to compliance with section major groups and interests in the community ‘‘SEC. 678A. TRAINING, TECHNICAL ASSISTANCE, 676(b). The Secretary shall submit, to each State served. AND OTHER ACTIVITIES. evaluated, a report containing the results of ‘‘(b) PUBLIC ORGANIZATIONS.—In order for a ‘‘(a) ACTIVITIES.— such evaluations, and recommendations of im- public organization to be considered to be an eli- ‘‘(1) IN GENERAL.—The Secretary shall use gible entity for purposes of section 673(1), the amounts reserved in section 674(b)(2)— provements designed to enhance the benefit and entity shall administer the community services ‘‘(A) for training, technical assistance, plan- impact of the activities carried out with such block grant program through— ning, evaluation, and performance measure- funds for people in need. On receiving the re- ‘‘(1) a tripartite board, which shall have mem- ment, to assist States in carrying out corrective port, the State shall submit to the Secretary a bers selected by the organization and shall be action activities and monitoring (to correct pro- plan of action in response to the recommenda- tions contained in the report. The results of the composed so as to assure that not fewer than 1⁄3 grammatic deficiencies of eligible entities), and of the members are persons chosen in accord- for reporting and data collection activities, re- evaluations shall be submitted annually to the ance with democratic selection procedures ade- lated to programs carried out under this sub- Chairperson of the Committee on Education and quate to assure that these members— title; and the Workforce of the House of Representatives ‘‘(A) are representative of low-income individ- ‘‘(B) to distribute amounts in accordance with and the Chairperson of the Committee on Labor uals and families in the neighborhood served; subsection (c). and Human Resources of the Senate as part of ‘‘(B) reside in the neighborhood served; and ‘‘(2) GRANTS, CONTRACTS, AND COOPERATIVE the report submitted by the Secretary in accord- ‘‘(C) are able to participate actively in the de- AGREEMENTS.—The activities described in para- ance with section 678E(b)(2). velopment, planning, implementation, and eval- graph (1)(A) may be carried out by the Secretary ‘‘SEC. 678C. CORRECTIVE ACTION; TERMINATION uation of programs funded under this subtitle; through grants, contracts, or cooperative agree- AND REDUCTION OF FUNDING. or ments with appropriate entities. ‘‘(a) DETERMINATION.—If the State deter- ‘‘(2) another mechanism specified by the State ‘‘(b) TERMS AND TECHNICAL ASSISTANCE PROC- mines, on the basis of a final decision in a re- to assure decisionmaking and participation by ESS.—The process for determining the training view pursuant to section 678B, that an eligible H9708 CONGRESSIONAL RECORD — HOUSE October 6, 1998 entity fails to comply with the terms of an any of their duly authorized representatives, for State relating to such performance. Each State agreement, or the State plan, to provide services examination, copying, or mechanical reproduc- shall also include in the report an accounting of under this subtitle or to meet appropriate stand- tion on or off the premises of the appropriate the expenditure of funds received by the State ards, goals, and other requirements established entity upon a reasonable request for the items. through the community services block grant pro- by the State (including performance objectives), ‘‘(2) AUDITS.— gram, including an accounting of funds spent the State shall— ‘‘(A) IN GENERAL.—Subject to subparagraph on administrative costs by the State and the eli- ‘‘(1) inform the entity of the deficiency to be (B), each audit required by subsection (a)(1)(C) gible entities, and funds spent by eligible enti- corrected; shall be conducted by an entity independent of ties on the direct delivery of local services, and ‘‘(2) require the entity to correct the defi- any agency administering activities or services shall include information on the number of and ciency; carried out under this subtitle and shall be con- characteristics of clients served under this sub- ‘‘(3)(A) offer training and technical assist- ducted in accordance with generally accepted title in the State, based on data collected from ance, if appropriate, to help correct the defi- accounting principles. the eligible entities. The State shall also include ciency, and prepare and submit to the Secretary ‘‘(B) SINGLE AUDIT REQUIREMENTS.—Audits in the report a summary describing the training a report describing the training and technical shall be conducted under this paragraph in the and technical assistance offered by the State assistance offered; or manner and to the extent provided in chapter 75 under section 678C(a)(3) during the year covered ‘‘(B) if the State determines that such training of title 31, United States Code (commonly known by the report. and technical assistance are not appropriate, as the ‘Single Audit Act Amendments of 1996’). ‘‘(b) SECRETARY’S ACCOUNTABILITY AND RE- prepare and submit to the Secretary a report ‘‘(C) SUBMISSION OF COPIES.—Within 30 days PORTING REQUIREMENTS.— stating the reasons for the determination; after the completion of each such audit in a ‘‘(1) PERFORMANCE MEASUREMENT.—The Sec- ‘‘(4)(A) at the discretion of the State (taking State, the chief executive officer of the State retary, in collaboration with the States and into account the seriousness of the deficiency shall submit a copy of such audit to any eligible with eligible entities throughout the Nation, and the time reasonably required to correct the entity that was the subject of the audit at no shall facilitate the development of one or more deficiency), allow the entity to develop and im- charge, to the legislature of the State, and to model performance measurement systems, which plement, within 60 days after being informed of the Secretary. may be used by the States and by eligible enti- the deficiency, a quality improvement plan to ‘‘(3) REPAYMENTS.—The State shall repay to ties to measure their performance in carrying correct such deficiency within a reasonable pe- the United States amounts found not to have out the requirements of this subtitle and in riod of time, as determined by the State; and been expended in accordance with this subtitle achieving the goals of their community action ‘‘(B) not later than 30 days after receiving or the Secretary may offset such amounts plans. The Secretary shall provide technical as- from an eligible entity a proposed quality im- against any other amount to which the State is sistance, including support for the enhancement provement plan pursuant to subparagraph (A), or may become entitled under this subtitle. of electronic data systems, to States and to eligi- either approve such proposed plan or specify the ‘‘(b) WITHHOLDING.— ble entities to enhance their capability to collect ‘‘(1) IN GENERAL.—The Secretary shall, after reasons why the proposed plan cannot be ap- and report data for such a system and to aid in providing adequate notice and an opportunity proved; and their participation in such a system. ‘‘(5) after providing adequate notice and an for a hearing conducted within the affected ‘‘(2) REPORTING REQUIREMENTS.—At the end opportunity for a hearing, initiate proceedings State, withhold funds from any State that does of each fiscal year beginning after September 30, to terminate the designation of or reduce the not utilize the grant or allotment under section 1999, the Secretary shall, directly or by grant or funding under this subtitle of the eligible entity 675A or 675B in accordance with the provisions contract, prepare a report containing— unless the entity corrects the deficiency. of this subtitle, including the assurances such ‘‘(A) a summary of the planned use of funds ‘‘(b) REVIEW.—A determination to terminate State provided under section 676. by each State, and the eligible entities in the the designation or reduce the funding of an eli- ‘‘(2) RESPONSE TO COMPLAINTS.—The Sec- State, under the community services block grant gible entity is reviewable by the Secretary. The retary shall respond in an expeditious and program, as contained in each State plan sub- Secretary shall, upon request, review such a de- speedy manner to complaints of a substantial or mitted pursuant to section 676; termination. The review shall be completed not serious nature that a State has failed to use ‘‘(B) a description of how funds were actually later than 90 days after the Secretary receives funds in accordance with the provisions of this spent by the State and eligible entities in the from the State all necessary documentation re- subtitle, including the assurances provided by State, including a breakdown of funds spent on lating to the determination to terminate the des- the State under section 676. For purposes of this administrative costs and on the direct delivery ignation or reduce the funding. If the review is paragraph, a complaint of a failure to meet any of local services by eligible entities; not completed within 90 days, the determination one of the assurances provided under section 676 ‘‘(C) information on the number of entities eli- of the State shall become final at the end of the that constitutes disregarding that assurance gible for funds under this subtitle, the number 90th day. shall be considered to be a complaint of a seri- of low-income persons served under this subtitle, ‘‘(c) DIRECT ASSISTANCE.—Whenever a State ous nature. and such demographic data on the low-income violates the assurances contained in section ‘‘(3) INVESTIGATIONS.—Whenever the Sec- populations served by eligible entities as is de- 676(b)(8) and terminates or reduces the funding retary determines that there is a pattern of com- termined by the Secretary to be feasible; of an eligible entity prior to the completion of plaints of failures described in paragraph (2) ‘‘(D) a comparison of the planned uses of the State hearing described in that section and from any State in any fiscal year, the Secretary funds for each State and the actual uses of the the Secretary’s review as required in subsection shall conduct an investigation of the use of funds; (b), the Secretary is authorized to provide finan- funds received under this subtitle by such State ‘‘(E) a summary of each State’s performance cial assistance under this subtitle to the eligible in order to ensure compliance with the provi- results, and the results for the eligible entities, entity affected until the violation is corrected. sions of this subtitle. as collected and submitted by the States in ac- In such a case, the grant or allotment for the ‘‘SEC. 678E. ACCOUNTABILITY AND REPORTING cordance with subsection (a)(2); and State under section 675A or 675B for the earliest REQUIREMENTS. ‘‘(F) any additional information that the Sec- appropriate fiscal year shall be reduced by an ‘‘(a) STATE ACCOUNTABILITY AND REPORTING retary considers to be appropriate to carry out amount equal to the funds provided under this REQUIREMENTS.— this subtitle, if the Secretary informs the States subsection to such eligible entity. ‘‘(1) PERFORMANCE MEASUREMENT.— ‘‘(A) IN GENERAL.—By October 1, 2001, each of the need for such additional information and ‘‘SEC. 678D. FISCAL CONTROLS, AUDITS, AND allows a reasonable period of time for the States WITHHOLDING. State that receives funds under this subtitle to collect and provide the information. ‘‘(a) FISCAL CONTROLS, PROCEDURES, AUDITS, shall participate, and shall ensure that all eligi- ‘‘(3) SUBMISSION.—The Secretary shall submit AND INSPECTIONS.— ble entities in the State participate, in a per- to the Committee on Education and the Work- ‘‘(1) IN GENERAL.—A State that receives funds formance measurement system, which may be a force of the House of Representatives and the under this subtitle shall— performance measurement system for which the ‘‘(A) establish fiscal control and fund ac- Secretary facilitated development pursuant to Committee on Labor and Human Resources of counting procedures necessary to assure the subsection (b), or an alternative system that the the Senate the report described in paragraph proper disbursal of and accounting for Federal Secretary is satisfied meets the requirements of (2), and any comments the Secretary may have funds paid to the State under this subtitle, in- subsection (b). with respect to such report. The report shall in- cluding procedures for monitoring the funds ‘‘(B) LOCAL AGENCIES.—The State may elect to clude definitions of direct and administrative provided under this subtitle; have local agencies that are subcontractors of costs used by the Department of Health and ‘‘(B) ensure that cost and accounting stand- the eligible entities under this subtitle partici- Human Services for programs funded under this ards of the Office of Management and Budget pate in the performance measurement system. If subtitle. apply to a recipient of the funds under this sub- the State makes that election, references in this ‘‘(4) COSTS.—Of the funds reserved under sec- title; section to eligible entities shall be considered to tion 674(b)(3), not more than $350,000 shall be ‘‘(C) subject to paragraph (2), prepare, at include the local agencies. available to carry out the reporting require- least every year, an audit of the expenditures of ‘‘(2) ANNUAL REPORT.—Each State shall annu- ments contained in paragraph (2). the State of amounts received under this subtitle ally prepare and submit to the Secretary a re- ‘‘SEC. 678F. LIMITATIONS ON USE OF FUNDS. and amounts transferred to carry out the pur- port on the measured performance of the State ‘‘(a) CONSTRUCTION OF FACILITIES.— poses of this subtitle; and and the eligible entities in the State. Prior to the ‘‘(1) LIMITATIONS.—Except as provided in ‘‘(D) make appropriate books, documents, pa- participation of the State in the performance paragraph (2), grants made under this subtitle pers, and records available to the Secretary and measurement system, the State shall include in (other than amounts reserved under section the Comptroller General of the United States, or the report any information collected by the 674(b)(3)) may not be used by the State, or by October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9709 any other person with which the State makes of 1990 (42 U.S.C. 12131 et seq.), as may be appli- 2000e–1) regarding employment practices shall arrangements to carry out the purposes of this cable; or not be affected by its participation in, or receipt subtitle, for the purchase or improvement of ‘‘(C) take such other action as may be pro- of funds from, programs described in subsection land, or the purchase, construction, or perma- vided by law. (a). nent improvement (other than low-cost residen- ‘‘(3) ACTION OF ATTORNEY GENERAL.—When a ‘‘(c) LIMITATIONS ON USE OF FUNDS FOR CER- tial weatherization or other energy-related home matter is referred to the Attorney General pur- TAIN PURPOSES.—No funds provided directly to repairs) of any building or other facility. suant to paragraph (2), or whenever the Attor- a religious organization to provide assistance ‘‘(2) WAIVER.—The Secretary may waive the ney General has reason to believe that the State under any program described in subsection (a) limitation contained in paragraph (1) upon a is engaged in a pattern or practice of discrimi- shall be expended for sectarian worship, in- State request for such a waiver, if the Secretary nation in violation of the provisions of this sub- struction, or proselytization. finds that the request describes extraordinary section, the Attorney General may bring a civil ‘‘(d) FISCAL ACCOUNTABILITY.— circumstances to justify the purchase of land or action in any appropriate United States district ‘‘(1) IN GENERAL.—Except as provided in para- the construction of facilities (or the making of court for such relief as may be appropriate, in- graph (2), any religious organization providing permanent improvements) and that permitting cluding injunctive relief. assistance under any program described in sub- the waiver will contribute to the ability of the ‘‘SEC. 678G. DRUG AND CHILD SUPPORT SERV- section (a) shall be subject to the same regula- State to carry out the purposes of this subtitle. ICES AND REFERRALS. tions as other nongovernmental organizations to ‘‘(b) POLITICAL ACTIVITIES.— ‘‘(a) DRUG TESTING AND REHABILITATION.— account in accord with generally accepted ac- ‘‘(1) TREATMENT AS A STATE OR LOCAL AGEN- ‘‘(1) IN GENERAL.—Nothing in this subtitle counting principles for the use of such funds CY.—For purposes of chapter 15 of title 5, United shall be construed to prohibit a State from test- provided under such program. States Code, any entity that assumes respon- ing participants in programs, activities, or serv- ‘‘(2) LIMITED AUDIT.—Such organization shall sibility for planning, developing, and coordinat- ices carried out or provided under this subtitle segregate government funds provided under ing activities under this subtitle and receives as- for controlled substances. A State that conducts such program into a separate account. Only the sistance under this subtitle shall be deemed to be such testing shall inform the participants who government funds shall be subject to audit by a State or local agency. For purposes of para- test positive for any of such substances about the government. graphs (1) and (2) of section 1502(a) of such the availability of treatment or rehabilitation ‘‘(e) TREATMENT OF ELIGIBLE ENTITIES AND title, any entity receiving assistance under this services and refer such participants for appro- OTHER INTERMEDIATE ORGANIZATIONS.—If an el- subtitle shall be deemed to be a State or local priate treatment or rehabilitation services. igible entity or other organization (referred to in agency. ‘‘(2) ADMINISTRATIVE EXPENSES.—Any funds this subsection as an ‘intermediate organiza- ‘‘(2) PROHIBITIONS.—Programs assisted under provided under this subtitle expended for such tion’), acting under a contract, or grant or other this subtitle shall not be carried on in a manner testing shall be considered to be expended for agreement, with the Federal Government or a involving the use of program funds, the provi- administrative expenses and shall be subject to State or local government, is given the authority sion of services, or the employment or assign- the limitation specified in section 675C(b)(2). under the contract or agreement to select non- ment of personnel, in a manner supporting or ‘‘(3) DEFINITION.—In this subsection, the term governmental organizations to provide assist- resulting in the identification of such programs ‘controlled substance’ has the meaning given ance under the programs described in subsection with— the term in section 102 of the Controlled Sub- (a), the intermediate organization shall have the ‘‘(A) any partisan or nonpartisan political ac- stances Act (21 U.S.C. 802). same duties under this section as the govern- tivity or any political activity associated with a ‘‘(b) CHILD SUPPORT SERVICES AND REFER- ment. candidate, or contending faction or group, in an RALS.—During each fiscal year for which an eli- ‘‘SEC. 680. DISCRETIONARY AUTHORITY OF THE election for public or party office; gible entity receives a grant under section 675C, SECRETARY. ‘‘(B) any activity to provide voters or prospec- such entity shall— ‘‘(a) GRANTS, CONTRACTS, ARRANGEMENTS, tive voters with transportation to the polls or ‘‘(1) inform custodial parents in single-parent LOANS, AND GUARANTEES.— similar assistance in connection with any such families that participate in programs, activities, ‘‘(1) IN GENERAL.—The Secretary shall, from election; or or services carried out or provided under this funds reserved under section 674(b)(3), make ‘‘(C) any voter registration activity. subtitle about the availability of child support grants, loans, or guarantees to States and public ‘‘(3) RULES AND REGULATIONS.—The Secretary, services; and agencies and private, nonprofit organizations, after consultation with the Office of Personnel ‘‘(2) refer eligible parents to the child support or enter into contracts or jointly financed coop- Management, shall issue rules and regulations offices of State and local governments. erative arrangements with States and public to provide for the enforcement of this sub- agencies and private, nonprofit organizations section, which shall include provisions for sum- ‘‘SEC. 679. OPERATIONAL RULE. (and for-profit organizations, to the extent spec- mary suspension of assistance or other action ‘‘(a) RELIGIOUS ORGANIZATIONS INCLUDED AS ified in paragraph (2)(E)) for each of the objec- necessary to permit enforcement on an emer- NONGOVERNMENTAL PROVIDERS.—For any pro- tives described in paragraphs (2) through (4). gency basis. gram carried out by the Federal Government, or ‘‘(2) COMMUNITY ECONOMIC DEVELOPMENT.— ‘‘(c) NONDISCRIMINATION.— by a State or local government under this sub- ‘‘(A) ECONOMIC DEVELOPMENT ACTIVITIES.— ‘‘(1) IN GENERAL.—No person shall, on the title, the government shall consider, on the same The Secretary shall make grants described in basis of race, color, national origin, or sex be ex- basis as other nongovernmental organizations, paragraph (1) on a competitive basis to private, cluded from participation in, be denied the ben- religious organizations to provide the assistance nonprofit organizations that are community de- efits of, or be subjected to discrimination under, under the program, so long as the program is velopment corporations to provide technical and any program or activity funded in whole or in implemented in a manner consistent with the financial assistance for economic development part with funds made available under this sub- Establishment Clause of the first amendment to activities designed to address the economic title. Any prohibition against discrimination on the Constitution. Neither the Federal Govern- needs of low-income individuals and families by the basis of age under the Age Discrimination ment nor a State or local government receiving creating employment and business development Act of 1975 (42 U.S.C. 6101 et seq.) or with re- funds under this subtitle shall discriminate opportunities. spect to an otherwise qualified individual with against an organization that provides assistance ‘‘(B) CONSULTATION.—The Secretary shall ex- a disability as provided in section 504 of the Re- under, or applies to provide assistance under, ercise the authority provided under subpara- habilitation Act of 1973 (29 U.S.C. 794), or title this subtitle, on the basis that the organization graph (A) after consultation with other relevant II of the Americans with Disabilities Act of 1990 has a religious character. Federal officials. (42 U.S.C. 12131 et seq.) shall also apply to any ‘‘(b) RELIGIOUS CHARACTER AND INDEPEND- ‘‘(C) GOVERNING BOARDS.—For a community such program or activity. ENCE.— development corporation to receive funds to ‘‘(2) ACTION OF SECRETARY.—Whenever the ‘‘(1) IN GENERAL.—A religious organization carry out this paragraph, the corporation shall Secretary determines that a State that has re- that provides assistance under a program de- be governed by a board that shall consist of resi- ceived a payment under this subtitle has failed scribed in subsection (a) shall retain its religious dents of the community and business and civic to comply with paragraph (1) or an applicable character and control over the definition, devel- leaders and shall have as a principal purpose regulation, the Secretary shall notify the chief opment, practice, and expression of its religious planning, developing, or managing low-income executive officer of the State and shall request beliefs. housing or community development projects. that the officer secure compliance. If within a ‘‘(2) ADDITIONAL SAFEGUARDS.—Neither the ‘‘(D) GEOGRAPHIC DISTRIBUTION.—In making reasonable period of time, not to exceed 60 days, Federal Government nor a State or local govern- grants to carry out this paragraph, the Sec- the chief executive officer fails or refuses to se- ment shall require a religious organization— retary shall take into consideration the geo- cure compliance, the Secretary is authorized ‘‘(A) to alter its form of internal governance, graphic distribution of funding among States to— except (for purposes of administration of the and the relative proportion of funding among ‘‘(A) refer the matter to the Attorney General community services block grant program) as pro- rural and urban areas. with a recommendation that an appropriate vided in section 676B; or ‘‘(E) RESERVATION.—Of the amounts made civil action be instituted; ‘‘(B) to remove religious art, icons, scripture, available to carry out this paragraph, the Sec- ‘‘(B) exercise the powers and functions pro- or other symbols; retary may reserve not more than 1 percent for vided by title VI of the Civil Rights Act of 1964 in order to be eligible to provide assistance each fiscal year to make grants to private, non- (42 U.S.C. 2000d et seq.), the Age Discrimination under a program described in subsection (a). profit organizations or to enter into contracts Act of 1975 (42 U.S.C. 6101 et seq.), section 504 ‘‘(3) EMPLOYMENT PRACTICES.—A religious or- with private, nonprofit or for-profit organiza- of the Rehabilitation Act of 1973 (29 U.S.C. 794), ganization’s exemption provided under section tions to provide technical assistance to aid com- or title II of the Americans with Disabilities Act 702 of the Civil Rights Act of 1964 (42 U.S.C. munity development corporations in developing H9710 CONGRESSIONAL RECORD — HOUSE October 6, 1998

or implementing activities funded to carry out ‘‘(2) GREATER AVAILABLE APPROPRIATIONS.— income youth. In making such a grant, the Sec- this paragraph and to evaluate activities funded Any amounts appropriated for a fiscal year to retary shall give priority to eligible service pro- to carry out this paragraph. carry out this section in excess of $6,000,000 viders that have a demonstrated ability to oper- ‘‘(3) RURAL COMMUNITY DEVELOPMENT ACTIVI- shall be allotted as follows: ate such a program. TIES.—The Secretary shall provide the assist- ‘‘(A) ALLOTMENTS.—The Secretary shall use ‘‘(b) PROGRAM REQUIREMENTS.—Any instruc- ance described in paragraph (1) for rural com- 40 percent of such excess to allot for grants tional activity carried out by an eligible service munity development activities, which shall in- under subsection (a) to eligible agencies for provider receiving a grant under this section clude providing— statewide programs in each State an amount shall be carried out on the campus of an institu- ‘‘(A) grants to private, nonprofit corporations that bears the same ratio to 40 percent of such tion of higher education (as defined in section to enable the corporations to provide assistance excess as the low-income and unemployed popu- 1201(a) of the Higher Education Act of 1965 (20 concerning home repair to rural low-income lation of such State bears to the low-income and U.S.C. 1141(a))) and shall include— families and concerning planning and develop- unemployed population of all the States. ‘‘(1) access to the facilities and resources of ing low-income rural rental housing units; and ‘‘(B) COMPETITIVE GRANTS FOR LOCAL AND such an institution; ‘‘(B) grants to multistate, regional, private, STATEWIDE PROGRAMS.—The Secretary shall use ‘‘(2) an initial medical examination and fol- nonprofit organizations to enable the organiza- 40 percent of such excess to make grants under low-up referral or treatment, without charge, tions to provide training and technical assist- subsection (a) on a competitive basis to eligible for youth during their participation in such ac- ance to small, rural communities concerning agencies for local and statewide programs. tivity; meeting their community facility needs. ‘‘(C) COMPETITIVE GRANTS FOR NATIONWIDE ‘‘(3) at least one nutritious meal daily, with- ‘‘(4) NEIGHBORHOOD INNOVATION PROJECTS.— PROGRAMS.—The Secretary shall use the remain- out charge, for participating youth during each The Secretary shall provide the assistance de- ing 20 percent of such excess to make grants day of participation; scribed in paragraph (1) for neighborhood inno- under subsection (a) on a competitive basis to el- ‘‘(4) high quality instruction in a variety of vation projects, which shall include providing igible agencies for nationwide programs, includ- sports (that shall include swimming and that grants to neighborhood-based private, nonprofit ing programs benefiting Indians, as defined in may include dance and any other high quality organizations to test or assist in the develop- section 677, and migrant or seasonal farm- recreational activity) provided by coaches and ment of new approaches or methods that will workers. teachers from institutions of higher education aid in overcoming special problems identified by ‘‘(3) ELIGIBILITY FOR ALLOTMENTS FOR STATE- and from elementary and secondary schools (as communities or neighborhoods or otherwise as- WIDE PROGRAMS.—To be eligible to receive an al- defined in section 14101 of the Elementary and sist in furthering the purposes of this subtitle, lotment under paragraph (1)(A) or (2)(A), an eli- Secondary Education Act of 1965 (20 U.S.C. and which may include providing assistance for gible agency shall demonstrate that the pro- 8801)); and projects that are designed to serve low-income posed program is statewide in scope and rep- ‘‘(5) enrichment instruction and information individuals and families who are not being ef- on matters relating to the well-being of youth, fectively served by other programs. resents a comprehensive and coordinated effort to include educational opportunities and infor- ‘‘(b) EVALUATION.—The Secretary shall re- to alleviate hunger within the State. mation on study practices, education for the quire all activities receiving assistance under ‘‘(4) MINIMUM ALLOTMENTS FOR STATEWIDE this section to be evaluated for their effective- PROGRAMS.— prevention of drug and alcohol abuse, and in- ness. Funding for such evaluations shall be pro- ‘‘(A) IN GENERAL.—From the amounts allotted formation on health and nutrition, career op- vided as a stated percentage of the assistance or under paragraphs (1)(A) and (2)(A), the mini- portunities, and family and job responsibilities. ‘‘(c) ADVISORY COMMITTEE; PARTNERSHIPS.— through a separate grant awarded by the Sec- mum total allotment for each State for each fis- The eligible service provider shall, in each com- retary specifically for the purpose of evaluation cal year shall be— munity in which a program is funded under this of a particular activity or group of activities. ‘‘(i) $15,000 if the total amount appropriated ‘‘(c) ANNUAL REPORT.—The Secretary shall to carry out this section is not less than section— compile an annual report containing a summary $7,000,000 but less than $10,000,000; ‘‘(1) ensure that— of the evaluations required in subsection (b) and ‘‘(ii) $20,000 if the total amount appropriated ‘‘(A) a community-based advisory committee is a listing of all activities assisted under this sec- to carry out this section is not less than established, with representatives from local tion. The Secretary shall annually submit the $10,000,000 but less than $15,000,000; or youth, family, and social service organizations, report to the Chairperson of the Committee on ‘‘(iii) $30,000 if the total amount appropriated schools, entities providing park and recreation Education and the Workforce of the House of to carry out this section is not less than services, and other community-based organiza- Representatives and the Chairperson of the $15,000,000. tions serving high-risk youth; or ‘‘(B) an existing community-based advisory Committee on Labor and Human Resources of ‘‘(B) DEFINITION.—In this paragraph, the board, commission, or committee with similar the Senate. term ‘State’ does not include Guam, American Samoa, the United States Virgin Islands, the membership is utilized to serve as the committee ‘‘SEC. 681. COMMUNITY FOOD AND NUTRITION described in subparagraph (A); and PROGRAMS. Commonwealth of the Northern Mariana Is- ‘‘(2) enter into formal partnerships with ‘‘(a) GRANTS.—The Secretary may, through lands. grants to public and private, nonprofit agencies, ‘‘(5) MAXIMUM GRANTS.—From funds made youth-serving organizations or other appro- provide for community-based, local, statewide, available under paragraphs (1)(B) and (2)(B) priate social service entities in order to link pro- and national programs— for any fiscal year, the Secretary may not make gram participants with year-round services in ‘‘(1) to coordinate private and public food as- grants under subsection (a) to an eligible agency their home communities that support and con- sistance resources, wherever the grant recipient in an aggregate amount exceeding $50,000. From tinue the objectives of this subtitle. involved determines such coordination to be in- funds made available under paragraph (2)(C) ‘‘(d) ELIGIBLE PROVIDERS.—A service provider adequate, to better serve low-income popu- for any fiscal year, the Secretary may not make that is a national private, nonprofit organiza- lations; grants under subsection (a) to an eligible agency tion, a coalition of such organizations, or a pri- ‘‘(2) to assist low-income communities to iden- in an aggregate amount exceeding $300,000. vate, nonprofit organization applying jointly tify potential sponsors of child nutrition pro- ‘‘(c) REPORT.—For each fiscal year, the Sec- with a business concern shall be eligible to grams and to initiate such programs in under- retary shall prepare and submit, to the Commit- apply for a grant under this section if— served or unserved areas; and tee on Education and the Workforce of the ‘‘(1) the applicant has demonstrated experi- ‘‘(3) to develop innovative approaches at the House of Representatives and the Committee on ence in operating a program providing instruc- State and local level to meet the nutrition needs Labor and Human Resources of the Senate, a tion to low-income youth; of low-income individuals. report concerning the grants made under this ‘‘(2) the applicant agrees to contribute an ‘‘(b) ALLOTMENTS AND DISTRIBUTION OF section. Such report shall include— amount (in cash or in kind, fairly evaluated) of FUNDS.— ‘‘(1) a list of grant recipients; not less than 25 percent of the amount re- ‘‘(1) NOT TO EXCEED $6,000,000 IN APPROPRIA- ‘‘(2) information on the amount of funding quested, for the program funded through the TIONS.—Of the amount appropriated for a fiscal awarded to each grant recipient; and grant; year to carry out this section (but not to exceed ‘‘(3) a summary of the activities performed by ‘‘(3) the applicant agrees to use no funds from $6,000,000), the Secretary shall distribute funds the grant recipients with funding awarded a grant authorized under this section for admin- for grants under subsection (a) as follows: under this section and a description of the man- istrative expenses; and ‘‘(A) ALLOTMENTS.—From a portion equal to ner in which such activities meet the objectives ‘‘(4) the applicant agrees to comply with the 60 percent of such amount (but not to exceed described in subsection (a). regulations or program guidelines promulgated $3,600,000), the Secretary shall allot for grants ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— by the Secretary for use of funds made available to eligible agencies for statewide programs in There are authorized to be appropriated to carry through the grant. each State the amount that bears the same ratio out this section such sums as may be necessary ‘‘(e) APPLICATION PROCESS.—To be eligible to to such portion as the low-income and unem- for each of fiscal years 1999 through 2003. receive a grant under this section, a service pro- ployed population of such State bears to the ‘‘SEC. 682. NATIONAL OR REGIONAL PROGRAMS vider shall submit to the Secretary, for approval, low-income and unemployed population of all DESIGNED TO PROVIDE INSTRUC- an application at such time, in such manner, the States. TIONAL ACTIVITIES FOR LOW-IN- and containing such information as the Sec- ‘‘(B) COMPETITIVE GRANTS.—From a portion COME YOUTH. retary may require. equal to 40 percent of such amount (but not to ‘‘(a) GENERAL AUTHORITY.—The Secretary is ‘‘(f) PROMULGATION OF REGULATIONS OR PRO- exceed $2,400,000), the Secretary shall make authorized to make a grant to an eligible service GRAM GUIDELINES.—The Secretary shall promul- grants on a competitive basis to eligible agencies provider to administer national or regional pro- gate regulations or program guidelines to ensure for local and statewide programs. grams to provide instructional activities for low- funds made available through a grant made October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9711 under this section are used in accordance with (1) by striking ‘‘(d)’’ and inserting ‘‘(d)(1)’’; under this title or any other program, and such the objectives of this subtitle. (2) by striking ‘‘are authorized’’ and inserting other factors as the Secretary may find to be rel- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘is authorized’’; evant. Not later than 30 days after making the There are authorized to be appropriated (3) by striking ‘‘$50,000,000’’ and all that fol- determination, but prior to releasing an allotted $15,000,000 for each of fiscal years 1999 through lows and inserting the following: ‘‘$30,000,000 amount to a State, the Secretary shall notify 2003 for grants to carry out this section. for each of fiscal years 1999 through 2004, except Congress of the allotments made pursuant to ‘‘SEC. 683. REFERENCES. as provided in paragraph (2).’’; and this subsection.’’. ‘‘Any reference in any provision of law to the (4) by adding at the end the following: SEC. 305. STATE ALLOTMENTS. poverty line set forth in section 624 or 625 of the ‘‘(2) For any of fiscal years 1999 through 2004 Section 2604 of the Low-Income Home Energy Economic Opportunity Act of 1964 shall be con- for which the amount appropriated under sub- Assistance Act of 1981 (42 U.S.C. 8623) is amend- strued to be a reference to the poverty line de- section (b) is not less than $1,400,000,000, there ed— fined in section 673. Except as otherwise pro- is authorized to be appropriated $50,000,000 to (1) in subsection (b)(1), by striking ‘‘the vided, any reference in any provision of law to carry out section 2607A.’’. Northern Mariana Islands, and the Trust Terri- any community action agency designated under (d) TECHNICAL AMENDMENTS.—Section 2602(e) tory of the Pacific Islands.’’ and inserting ‘‘and title II of the Economic Opportunity Act of 1964 of the Low-Income Home Energy Assistance Act the Commonwealth of the Northern Mariana Is- shall be construed to be a reference to an entity of 1981 (42 U.S.C. 8621(e)) is amended— lands.’’; eligible to receive funds under the community (1) by striking ‘‘are authorized’’ and inserting (2) in subsection (c)(3)(B)(ii), by striking ‘‘ap- services block grant program.’’. ‘‘is authorized’’; and plication’’ and inserting ‘‘applications’’; (2) by striking ‘‘subsection (g)’’ and inserting SEC. 202. CONFORMING AMENDMENTS. (3) by striking subsection (f); ‘‘subsection (e) of such section’’. (a) OLDER AMERICANS ACT OF 1965.—Section (4) in the first sentence of subsection (g), by 306(a)(6)(E)(ii) of the Older Americans Act of SEC. 303. DEFINITIONS. striking ‘‘(a) through (f)’’ and inserting ‘‘(a) 1965 (42 U.S.C. 3026(a)(6)(E)(ii)) is amended by Section 2603(4) of the Low-Income Home En- through (d)’’; and striking ‘‘section 675(c)(3) of the Community ergy Assistance Act of 1981 (42 U.S.C. 8622(4)) is (5) by redesignating subsection (g) as sub- Services Block Grant Act (42 U.S.C. 9904(c)(3))’’ amended— section (e). and inserting ‘‘section 676B of the Community (1) by striking ‘‘the term’’ and inserting ‘‘The SEC. 306. ADMINISTRATION. Services Block Grant Act’’. term’’; and Section 2605 of the Low-Income Home Energy (b) COMMUNITY ECONOMIC DEVELOPMENT ACT (2) by striking the semicolon and inserting a Assistance Act of 1981 (42 U.S.C. 8624) is amend- OF 1981.— period. ed— (1) SOURCE OF FUNDS.—Section 614 of the SEC. 304. NATURAL DISASTERS AND OTHER (1) in subsection (b)— Community Economic Development Act of 1981 EMERGENCIES. (A) in paragraph (9)(A), by striking ‘‘and not (42 U.S.C. 9803) is repealed. (a) DEFINITIONS.—Section 2603 of the Low-In- transferred pursuant to section 2604(f) for use (2) ADVISORY COMMUNITY INVESTMENT come Home Energy Assistance Act of 1981 (42 under another block grant’’; BOARD.—Section 615(a)(2) of the Community U.S.C. 8622) is amended— (B) in paragraph (14), by striking ‘‘; and’’ and Economic Development Act of 1981 (42 U.S.C. (1) by redesignating paragraphs (6) through inserting a semicolon; 9804(a)(2)) is amended by striking ‘‘through the (9) as paragraphs (8) through (11), respectively; (C) in the matter following paragraph (14), by Office’’ and all that follows and inserting (2) by inserting before paragraph (8) (as redes- striking ‘‘The Secretary may not prescribe the ‘‘through an appropriate office.’’. ignated in paragraph (1)) the following: manner in which the States will comply with the (c) HUMAN SERVICES REAUTHORIZATION ACT ‘‘(7) The term ‘natural disaster’ means a provisions of this subsection.’’; and OF 1986.—Section 407 of the Human Services Re- weather event (relating to cold or hot weather), (D) in the matter following paragraph (16), by authorization Act of 1986 (42 U.S.C. 9812a) is flood, earthquake, tornado, hurricane, or ice inserting before ‘‘The Secretary shall issue’’ the amended— storm, or an event meeting such other criteria as following: ‘‘The Secretary may not prescribe the (1) in subsection (a)— the Secretary, in the discretion of the Secretary, manner in which the States will comply with the (A) by inserting after ‘‘funds available’’ the may determine to be appropriate.’’; provisions of this subsection.’’; following: ‘‘(before the date of enactment of the (3) by redesignating paragraphs (1) through (2) in subsection (c)(1)— Coats Human Services Reauthorization Act of (5) as paragraphs (2) through (6), respectively; (A) in subparagraph (B), by striking ‘‘States’’ 1998)’’; and and and inserting ‘‘State’’; and (B) by inserting after ‘‘9910(a))’’ the follow- (4) by inserting before paragraph (2) (as redes- (B) in subparagraph (G)(i), by striking ‘‘has’’ ing: ‘‘(as in effect before such date)’’; and ignated in paragraph (3)) the following: and inserting ‘‘had’’; and (2) in subsection (b)(2)— ‘‘(1) The term ‘emergency’ means— (3) in paragraphs (1) and (2)(A) of subsection (A) by inserting after ‘‘funds available’’ the ‘‘(A) a natural disaster; (k) by inserting ‘‘, particularly those low-income following: ‘‘(before the date of enactment of the ‘‘(B) a significant home energy supply short- households with the lowest incomes that pay a Coats Human Services Reauthorization Act of age or disruption; high proportion of household income for home 1998)’’; and ‘‘(C) a significant increase in the cost of home energy’’ before the period. (B) by inserting after ‘‘9910(a))’’ the follow- energy, as determined by the Secretary; SEC. 307. PAYMENTS TO STATES. ing: ‘‘(as in effect before such date)’’. ‘‘(D) a significant increase in home energy Section 2607(b)(2)(B) of the Low-Income Home (d) ANTI-DRUG ABUSE ACT OF 1988.—Section disconnections reported by a utility, a State reg- Energy Assistance Act of 1981 (42 U.S.C. 3521(c)(2) of the Anti-Drug Abuse Act of 1988 (42 ulatory agency, or another agency with nec- 8626(b)(2)(B)) is amended— U.S.C. 11841(c)(2)) is amended by striking ‘‘, essary data; (1) in the first sentence, by striking ‘‘and not such as activities authorized by section ‘‘(E) a significant increase in participation in transferred pursuant to section 2604(f)’’; and 681(a)(2)(F) of the Community Services Block a public benefit program such as the food stamp (2) in the second sentence, by striking ‘‘but Grant Act (42 U.S.C. section 9910(a)(2)(F)),’’. program carried out under the Food Stamp Act not transferred by the State’’. TITLE III—LOW-INCOME HOME ENERGY of 1977 (7 U.S.C. 2011 et seq.), the national pro- SEC. 308. RESIDENTIAL ENERGY ASSISTANCE ASSISTANCE gram to provide supplemental security income CHALLENGE OPTION. carried out under title XVI of the Social Secu- (a) EVALUATION.—The Comptroller General of SEC. 301. SHORT TITLE. rity Act (42 U.S.C. 1381 et seq.), or the State tem- the United States shall conduct an evaluation of This title may be cited as the ‘‘Low-Income porary assistance for needy families program the Residential Energy Assistance Challenge Home Energy Assistance Amendments of 1998’’. carried out under part A of title IV of the Social program described in section 2607B of the Low- SEC. 302. AUTHORIZATION. Security Act (42 U.S.C. 601 et seq.), as deter- Income Home Energy Assistance Act of 1981 (42 (a) IN GENERAL.—Section 2602(b) of the Low- mined by the head of the appropriate Federal U.S.C. 8626b). Income Home Energy Assistance Act of 1981 (42 agency; (b) REPORT.—Not later than 2 years after the U.S.C. 8621(b)) is amended by inserting ‘‘, such ‘‘(F) a significant increase in unemployment, date of enactment of this Act, the Comptroller sums as may be necessary for each of fiscal layoffs, or the number of households with an in- General of the United States shall prepare and years 2000 and 2001, and $2,000,000,000 for each dividual applying for unemployment benefits, as submit to Congress a report containing— of fiscal years 2002 through 2004’’ after ‘‘1995 determined by the Secretary of Labor; or (1) the findings resulting from the evaluation through 1999’’. ‘‘(G) an event meeting such criteria as the described in subsection (a); and (b) PROGRAM YEAR.—Section 2602(c) of the Secretary, in the discretion of the Secretary, (2) the State evaluations described in para- Low-Income Home Energy Assistance Act of may determine to be appropriate.’’. graphs (1) and (2) of subsection (b) of such sec- 1981 (42 U.S.C. 8621(c)) is amended to read as (b) CONSIDERATIONS.—Section 2604(g) of the tion 2607B. follows: Low-Income Home Energy Assistance Act of (c) INCENTIVE GRANTS.—Section 2607B(b)(1) of ‘‘(c) Amounts appropriated under this section 1981 (42 U.S.C. 8623(g)) is amended by striking the Low-Income Home Energy Assistance Act of for any fiscal year for programs and activities the last two sentences and inserting the follow- 1981 (42 U.S.C. 8626b(b)(1)) is amended by strik- under this title shall be made available for obli- ing: ‘‘In determining whether to make such an ing ‘‘For each of the fiscal years 1996 through gation in the succeeding fiscal year.’’. allotment to a State, the Secretary shall take 1999’’ and inserting ‘‘For each fiscal year’’. (c) INCENTIVE PROGRAM FOR LEVERAGING NON- into account the extent to which the State was (d) TECHNICAL AMENDMENTS.—Section 2607B FEDERAL RESOURCES.—Section 2602(d) of the affected by the natural disaster or other emer- of the Low-Income Home Energy Assistance Act Low-Income Home Energy Assistance Act of gency involved, the availability to the State of of 1981 (42 U.S.C. 8626b) is amended— 1981 (42 U.S.C. 8621(d)) is amended— other resources under the program carried out (1) in subsection (e)(2)— H9712 CONGRESSIONAL RECORD — HOUSE October 6, 1998 (A) by redesignating subparagraphs (F) (1) the social, civic, psychological, and eco- ment account established for the benefit of an through (N) as subparagraphs (E) through (M), nomic effects of providing to individuals and eligible individual. respectively; and families with limited means an incentive to ac- (B) CUSTODIAL ACCOUNTS.—For purposes of (B) in clause (i) of subparagraph (I) (as redes- cumulate assets by saving a portion of their subparagraph (A), a custodial account shall be ignated in subparagraph (A)), by striking ‘‘on’’ earned income; treated as a trust if the assets of the custodial and inserting ‘‘of’’; and (2) the extent to which an asset-based policy account are held by a bank (as defined in sec- (2) by redesignating subsection (g) as sub- that promotes saving for postsecondary edu- tion 408(n) of the Internal Revenue Code of section (f). cation, homeownership, and microenterprise de- 1986) or another person who demonstrates, to SEC. 309. TECHNICAL ASSISTANCE, TRAINING, velopment may be used to enable individuals the satisfaction of the Secretary, that the man- AND COMPLIANCE REVIEWS. and families with limited means to increase their ner in which such person will administer the (a) IN GENERAL.—Section 2609A(a) of the Low- economic self-sufficiency; and custodial account will be consistent with the re- Income Home Energy Assistance Act of 1981 (42 (3) the extent to which an asset-based policy quirements of this title, and if the custodial ac- U.S.C. 8628a(a)) is amended— stabilizes and improves families and the commu- count would, except for the fact that it is not a (1) in the matter preceding paragraph (1), by nity in which the families live. trust, constitute an individual development ac- striking ‘‘$250,000’’ and inserting ‘‘$300,000’’; count described in subparagraph (A). For pur- (2) by striking ‘‘Secretary—’’ and all that fol- SEC. 404. DEFINITIONS. poses of this title, in the case of a custodial ac- lows through ‘‘(1) to make’’ and inserting the In this title: count treated as a trust by reason of the preced- following: ‘‘Secretary— (1) APPLICABLE PERIOD.—The term ‘‘applica- ing sentence, the custodian of that custodial ac- ‘‘(1) to— ble period’’ means, with respect to amounts to be ‘‘(A) make’’; paid from a grant made for a project year, the count shall be treated as the trustee of the ac- (3) by striking ‘‘organizations; or’’ and all calendar year immediately preceding the cal- count. that follows through ‘‘(2) to enter’’ and insert- endar year in which the grant is made. (6) PROJECT YEAR.—The term ‘‘project year’’ ing the following: ‘‘organizations; or (2) ELIGIBLE INDIVIDUAL.—The term ‘‘eligible means, with respect to a demonstration project, ‘‘(B) enter’’; individual’’ means an individual who is selected any of the 5 consecutive 12-month periods begin- (4) by striking the following: to participate in a demonstration project by a ning on the date the project is originally au- ‘‘to provide’’ and inserting the following: qualified entity under section 409. thorized to be conducted. ‘‘to provide’’; (7) QUALIFIED ENTITY.— (3) EMERGENCY WITHDRAWAL.—The term (5) by striking ‘‘title.’’ and inserting the fol- (A) IN GENERAL.—The term ‘‘qualified entity’’ ‘‘emergency withdrawal’’ means a withdrawal lowing: ‘‘title; or means— by an eligible individual that— ‘‘(2) to conduct onsite compliance reviews of (i) one or more not-for-profit organizations de- (A) is a withdrawal of only those funds, or a programs supported under this title.’’; and scribed in section 501(c)(3) of the Internal Reve- portion of those funds, deposited by the individ- (6) in paragraph (1)(B) (as redesignated in nue Code of 1986 and exempt from taxation ual in the individual development account of paragraphs (2) and (3))— under section 501(a) of such Code; or the individual; (A) by inserting ‘‘or interagency agreements’’ (ii) a State or local government agency, or a (B) is permitted by a qualified entity on a after ‘‘cooperative arrangements’’; and tribal government, submitting an application case-by-case basis; and (B) by inserting ‘‘(including Federal agen- under section 405 jointly with an organization (C) is made for— cies)’’ after ‘‘public agencies’’. described in clause (i). (b) CONFORMING AMENDMENT.—The section (i) expenses for medical care or necessary to (B) RULE OF CONSTRUCTION.—Nothing in this heading of section 2609A of the Low-Income obtain medical care, for the individual or a paragraph shall be construed as preventing an Home Energy Assistance Act of 1981 (42 U.S.C. spouse or dependent of the individual described organization described in subparagraph (A)(i) 8628a) is amended to read as follows: in paragraph (8)(D); from collaborating with a financial institution ‘‘TECHNICAL ASSISTANCE, TRAINING, AND (ii) payments necessary to prevent the eviction or for-profit community development corpora- COMPLIANCE REVIEWS’’. of the individual from the residence of the indi- tion to carry out the purposes of this title. vidual, or foreclosure on the mortgage for the TITLE IV—ASSETS FOR INDEPENDENCE (8) QUALIFIED EXPENSES.—The term ‘‘qualified SEC. 401. SHORT TITLE. principal residence of the individual, as defined expenses’’ means one or more of the following, This title may be cited as the ‘‘Assets for Inde- in paragraph (8)(B); or as provided by a qualified entity: pendence Act’’. (iii) payments necessary to enable the individ- (A) POSTSECONDARY EDUCATIONAL EX- SEC. 402. FINDINGS. ual to meet necessary living expenses following PENSES.—Postsecondary educational expenses Congress makes the following findings: loss of employment. paid from an individual development account (1) Economic well-being does not come solely (4) HOUSEHOLD.—The term ‘‘household’’ directly to an eligible educational institution. In from income, spending, and consumption, but means all individuals who share use of a dwell- this subparagraph: also requires savings, investment, and accumu- ing unit as primary quarters for living and eat- (i) POSTSECONDARY EDUCATIONAL EXPENSES.— lation of assets because assets can improve eco- ing separate from other individuals. The term ‘‘postsecondary educational expenses’’ nomic independence and stability, connect indi- (5) INDIVIDUAL DEVELOPMENT ACCOUNT.— means the following: viduals with a viable and hopeful future, stimu- (A) IN GENERAL.—The term ‘‘individual devel- (I) TUITION AND FEES.—Tuition and fees re- late development of human and other capital, opment account’’ means a trust created or orga- quired for the enrollment or attendance of a stu- and enhance the welfare of offspring. nized in the United States exclusively for the dent at an eligible educational institution. (2) Fully 1⁄2 of all Americans have either no, purpose of paying the qualified expenses of an (II) FEES, BOOKS, SUPPLIES, AND EQUIPMENT.— negligible, or negative assets available for in- eligible individual, or enabling the eligible indi- Fees, books, supplies, and equipment required vestment, just as the price of entry to the eco- vidual to make an emergency withdrawal, but for courses of instruction at an eligible edu- nomic mainstream, the cost of a house, an ade- only if the written governing instrument creat- cational institution. quate education, and starting a business, is in- ing the trust contains the following require- (ii) ELIGIBLE EDUCATIONAL INSTITUTION.—The creasing. Further, the household savings rate of ments: term ‘‘eligible educational institution’’ means the United States lags far behind other indus- (i) No contribution will be accepted unless the the following: trial nations, presenting a barrier to economic contribution is in cash or by check. (I) INSTITUTION OF HIGHER EDUCATION.—An growth. (ii) The trustee is a federally insured financial institution described in section 101 or 102 of the (3) In the current tight fiscal environment, the institution, or a State insured financial institu- Higher Education Act of 1965. United States should invest existing resources in tion if no federally insured financial institution (II) POSTSECONDARY VOCATIONAL EDUCATION high-yield initiatives. There is reason to believe is available. SCHOOL.—An area vocational education school that the financial returns, including increased (iii) The assets of the trust will be invested in (as defined in subparagraph (C) or (D) of sec- income, tax revenue, and decreased welfare cash accordance with the direction of the eligible in- tion 521(4) of the Carl D. Perkins Vocational assistance, resulting from individual develop- dividual after consultation with the qualified and Applied Technology Education Act (20 ment accounts will far exceed the cost of invest- entity providing deposits for the individual U.S.C. 2471(4))) which is in any State (as de- ment in those accounts. under section 410. fined in section 521(33) of such Act), as such sec- (4) Traditional public assistance programs (iv) The assets of the trust will not be commin- tions are in effect on the date of enactment of concentrating on income and consumption have gled with other property except in a common this title. rarely been successful in promoting and sup- trust fund or common investment fund. (B) FIRST-HOME PURCHASE.—Qualified acqui- porting the transition to increased economic (v) Except as provided in clause (vi), any sition costs with respect to a principal residence self-sufficiency. Income-based domestic policy amount in the trust that is attributable to a de- for a qualified first-time homebuyer, if paid from should be complemented with asset-based policy posit provided under section 410 may be paid or an individual development account directly to because, while income-based policies ensure that distributed out of the trust only for the purpose the persons to whom the amounts are due. In consumption needs (including food, child care, of paying the qualified expenses of the eligible this subparagraph: rent, clothing, and health care) are met, asset- individual, or enabling the eligible individual to (i) PRINCIPAL RESIDENCE.—The term ‘‘prin- based policies provide the means to achieve make an emergency withdrawal. cipal residence’’ means a main residence, the greater independence and economic well-being. (vi) Any balance in the trust on the day after qualified acquisition costs of which do not ex- SEC. 403. PURPOSES. the date on which the individual for whose ben- ceed 100 percent of the average area purchase The purposes of this title are to provide for efit the trust is established dies shall be distrib- price applicable to such residence. the establishment of demonstration projects de- uted within 30 days of that date as directed by (ii) QUALIFIED ACQUISITION COSTS.—The term signed to determine— that individual to another individual develop- ‘‘qualified acquisition costs’’ means the costs of October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9713 acquiring, constructing, or reconstructing a resi- projects and shall ensure that applications to Federal funds, shall be deemed to meet the eligi- dence. The term includes any usual or reason- conduct the demonstration projects are widely bility requirements of this subtitle, and the en- able settlement, financing, or other closing available to qualified entities. tity carrying out the program shall be deemed to costs. (b) SUBMISSION.—Not later than 6 months be a qualified entity. The Secretary shall con- (iii) QUALIFIED FIRST-TIME HOMEBUYER.— after the date of enactment of this title, a quali- sider funding the statewide program as a dem- (I) IN GENERAL.—The term ‘‘qualified first- fied entity may submit to the Secretary an ap- onstration project described in this subtitle. In time homebuyer’’ means an individual partici- plication to conduct a demonstration project considering the statewide program for funding, pating in the project involved (and, if married, under this title. the Secretary shall review an application sub- the individual’s spouse) who has no present (c) CRITERIA.—In considering whether to ap- mitted by the entity carrying out such statewide ownership interest in a principal residence dur- prove an application to conduct a demonstra- program under this section, notwithstanding the ing the 3-year period ending on the date of ac- tion project under this title, the Secretary shall preference requirements listed in subsection (d). quisition of the principal residence to which this assess the following: Any program requirements under sections 407 subparagraph applies. (1) SUFFICIENCY OF PROJECT.—The degree to through 411 that are inconsistent with State (II) DATE OF ACQUISITION.—The term ‘‘date of which the project described in the application statutory requirements in effect on the date of acquisition’’ means the date on which a binding appears likely to aid project participants in enactment of this Act, governing such statewide contract to acquire, construct, or reconstruct the achieving economic self-sufficiency through ac- program, shall not apply to the program. principal residence to which this subparagraph tivities requiring one or more qualified expenses. SEC. 406. DEMONSTRATION AUTHORITY; ANNUAL applies is entered into. (2) ADMINISTRATIVE ABILITY.—The experience GRANTS. (C) BUSINESS CAPITALIZATION.—Amounts paid and ability of the applicant to responsibly ad- (a) DEMONSTRATION AUTHORITY.—If the Sec- from an individual development account directly minister the project. retary approves an application to conduct a to a business capitalization account that is es- (3) ABILITY TO ASSIST PARTICIPANTS.—The ex- demonstration project under this title, the Sec- tablished in a federally insured financial insti- perience and ability of the applicant in recruit- retary shall, not later than 10 months after the tution (or in a State insured financial institu- ing, educating, and assisting project partici- date of enactment of this title, authorize the ap- tion if no federally insured financial institution pants to increase their economic independence plicant to conduct the project for 5 project years is available) and is restricted to use solely for and general well-being through the development in accordance with the approved application qualified business capitalization expenses. In of assets. and the requirements of this title. this subparagraph: (4) COMMITMENT OF NON-FEDERAL FUNDS.— (b) GRANT AUTHORITY.—For each project year (i) QUALIFIED BUSINESS CAPITALIZATION EX- The aggregate amount of direct funds from non- of a demonstration project conducted under this PENSES.—The term ‘‘qualified business capital- Federal public sector and from private sources title, the Secretary may make a grant to the ization expenses’’ means qualified expenditures that are formally committed to the project as qualified entity authorized to conduct the for the capitalization of a qualified business matching contributions. project. In making such a grant, the Secretary pursuant to a qualified plan. (5) ADEQUACY OF PLAN FOR PROVIDING INFOR- shall make the grant on the first day of the (ii) QUALIFIED EXPENDITURES.—The term MATION FOR EVALUATION.—The adequacy of the project year in an amount not to exceed the less- ‘‘qualified expenditures’’ means expenditures in- plan for providing information relevant to an er of— cluded in a qualified plan, including capital, evaluation of the project. (1) the aggregate amount of funds committed plant, equipment, working capital, and inven- (6) OTHER FACTORS.—Such other factors rel- as matching contributions from non-Federal tory expenses. evant to the purposes of this title as the Sec- public or private sector sources; or retary may specify. (2) $1,000,000. (iii) QUALIFIED BUSINESS.—The term ‘‘quali- (d) PREFERENCES.—In considering an applica- fied business’’ means any business that does not SEC. 407. RESERVE FUND. tion to conduct a demonstration project under contravene any law or public policy (as deter- (a) ESTABLISHMENT.—A qualified entity under this title, the Secretary shall give preference to mined by the Secretary). this title, other than a State or local government an application that— (iv) QUALIFIED PLAN.—The term ‘‘qualified agency or a tribal government, shall establish a (1) demonstrates the willingness and ability to plan’’ means a business plan, or a plan to use Reserve Fund that shall be maintained in ac- select individuals described in section 408 who a business asset purchased, which— cordance with this section. are predominantly from households in which a (b) AMOUNTS IN RESERVE FUND.— (I) is approved by a financial institution, a child (or children) is living with the child’s bio- (1) IN GENERAL.—As soon after receipt as is microenterprise development organization, or a logical or adoptive mother or father, or with the practicable, a qualified entity shall deposit in nonprofit loan fund having demonstrated fidu- child’s legal guardian; the Reserve Fund established under subsection ciary integrity; (2) provides a commitment of non-Federal (a)— (II) includes a description of services or goods funds with a proportionately greater amount of (A) all funds provided to the qualified entity to be sold, a marketing plan, and projected fi- such funds committed from private sector from any public or private source in connection nancial statements; and sources; and with the demonstration project; and (III) may require the eligible individual to ob- (3) targets such individuals residing within (B) the proceeds from any investment made tain the assistance of an experienced entre- one or more relatively well-defined neighbor- under subsection (c)(2). preneurial adviser. hoods or communities (including rural commu- (2) UNIFORM ACCOUNTING REGULATIONS.—The RANSFERS TO IDAS OF FAMILY MEM- (D) T nities) that experience high rates of poverty or Secretary shall prescribe regulations with re- BERS.—Amounts paid from an individual devel- unemployment. spect to accounting for amounts in the Reserve opment account directly into another such ac- (e) APPROVAL.—Not later than 9 months after Fund established under subsection (a). count established for the benefit of an eligible the date of enactment of this title, the Secretary (c) USE OF AMOUNTS IN THE RESERVE FUND.— (1) IN GENERAL.—A qualified entity shall use individual who is— shall, on a competitive basis, approve such ap- the amounts in the Reserve Fund established (i) the individual’s spouse; or plications to conduct demonstration projects under subsection (a) to— (ii) any dependent of the individual with re- under this title as the Secretary considers to be (A) assist participants in the demonstration spect to whom the individual is allowed a de- appropriate, taking into account the assess- project in obtaining the skills (including eco- duction under section 151 of the Internal Reve- ments required by subsections (c) and (d). The nomic literacy, budgeting, credit, and counsel- nue Code of 1986. Secretary shall ensure, to the maximum extent ing skills) and information necessary to achieve (9) QUALIFIED SAVINGS OF THE INDIVIDUAL FOR practicable, that the applications that are ap- economic self-sufficiency through activities re- THE PERIOD.—The term ‘‘qualified savings of the proved involve a range of communities (both quiring qualified expenses; individual for the period’’ means the aggregate rural and urban) and diverse populations. of the amounts contributed by an individual to (B) provide deposits in accordance with sec- (f) CONTRACTS WITH NONPROFIT ENTITIES.— tion 410 for individuals selected by the qualified the individual development account of the indi- The Secretary may contract with an entity de- vidual during the period. entity to participate in the demonstration scribed in section 501(c)(3) of the Internal Reve- project; (10) SECRETARY.—The term ‘‘Secretary’’ means nue Code of 1986 and exempt from taxation the Secretary of Health and Human Services, (C) administer the demonstration project; and under section 501(a) of such Code to carry out (D) provide the research organization evaluat- acting through the Director of Community Serv- any responsibility of the Secretary under this ing the demonstration project under section 414 ices. section or section 412 if— with such information with respect to the dem- (11) TRIBAL GOVERNMENT.—The term ‘‘tribal (1) such entity demonstrates the ability to onstration project as may be required for the government’’ means a tribal organization, as de- carry out such responsibility; and evaluation. fined in section 4 of the Indian Self-Determina- (2) the Secretary can demonstrate that such (2) AUTHORITY TO INVEST FUNDS.— tion and Education Assistance Act (25 U.S.C. responsibility would not be carried out by the (A) GUIDELINES.—The Secretary shall estab- 450b) or a Native Hawaiian organization, as de- Secretary at a lower cost. lish guidelines for investing amounts in the Re- fined in section 9212 of the Native Hawaiian (g) GRANDFATHERING OF EXISTING STATEWIDE serve Fund established under subsection (a) in a Education Act (20 U.S.C. 7912). PROGRAMS.—Any statewide individual asset- manner that provides an appropriate balance SEC. 405. APPLICATIONS. building program that is carried out in a man- between return, liquidity, and risk. (a) ANNOUNCEMENT OF DEMONSTRATION ner consistent with the purposes of this title, (B) INVESTMENT.—A qualified entity shall in- PROJECTS.—Not later than 3 months after the that is established under State law as of the vest the amounts in its Reserve Fund that are date of enactment of this title, the Secretary date of enactment of this Act, and that as of not immediately needed to carry out the provi- shall publicly announce the availability of such date is operating with an annual State ap- sions of paragraph (1), in accordance with the funding under this title for demonstration propriation of not less than $1,000,000 in non- guidelines established under subparagraph (A). H9714 CONGRESSIONAL RECORD — HOUSE October 6, 1998

(3) LIMITATION ON USES.—Not more than 9.5 vidual development account of each individual to stimulate participation in the demonstration percent of the amounts provided to a qualified participating in the project, or into a parallel project, and how such characteristics vary entity under section 406(b) shall be used by the account maintained by the qualified entity— among different populations or communities. qualified entity for the purposes described in (1) from the non-Federal funds described in (7) What service configurations of the quali- subparagraphs (A), (C), and (D) of paragraph section 405(c)(4), a matching contribution of not fied entity (such as configurations relating to (1), of which not less than 2 percent of the less than $0.50 and not more than $4 for every peer support, structured planning exercises, amounts shall be used by the qualified entity for $1 of earned income (as defined in section mentoring, and case management) increased the the purposes described in paragraph (1)(D). If 911(d)(2) of the Internal Revenue Code of 1986) rate and consistency of participation in the two or more qualified entities are jointly admin- deposited in the account by a project partici- demonstration project and how such configura- istering a project, no qualified entity shall use pant during that period; tions varied among different populations or more than its proportional share for the pur- (2) from the grant made under section 406(b), communities. poses described in subparagraphs (A), (C), and an amount equal to the matching contribution (8) Such other information as the Secretary (D) of paragraph (1). made under paragraph (1); and may require to evaluate the demonstration (d) UNUSED FEDERAL GRANT FUNDS TRANS- (3) any interest that has accrued on amounts project. FERRED TO THE SECRETARY WHEN PROJECT TER- deposited under paragraph (1) or (2) on behalf (b) SUBMISSION OF REPORTS.—The qualified MINATES.—Notwithstanding subsection (c), upon of that individual into the individual develop- entity shall submit each report required to be the termination of any demonstration project ment account of the individual or into a parallel prepared under subsection (a) to— authorized under this section, the qualified en- account maintained by the qualified entity. (1) the Secretary; and tity conducting the project shall transfer to the (b) LIMITATION ON DEPOSITS FOR AN INDIVID- (2) the Treasurer (or equivalent official) of the Secretary an amount equal to— UAL.—Not more than $2,000 from a grant made State in which the project is conducted, if the (1) the amounts in its Reserve Fund at the under section 406(b) shall be provided to any State or a local government or a tribal govern- time of the termination; multiplied by one individual over the course of the demonstra- ment committed funds to the demonstration (2) a percentage equal to— tion project. project. (A) the aggregate amount of grants made to (c) LIMITATION ON DEPOSITS FOR A HOUSE- the qualified entity under section 406(b); divided HOLD.—Not more than $4,000 from a grant made (c) TIMING.—The first report required by sub- by under section 406(b) shall be provided to any section (a) shall be submitted not later than 60 (B) the aggregate amount of all funds pro- one household over the course of the demonstra- days after the end of the calendar year in which vided to the qualified entity from all sources to tion project. the Secretary authorized the qualified entity to conduct the project. (d) WITHDRAWAL OF FUNDS.—The Secretary conduct the demonstration project, and subse- quent reports shall be submitted every 12 months SEC. 408. ELIGIBILITY FOR PARTICIPATION. shall establish such guidelines as may be nec- thereafter, until the conclusion of the project. (a) IN GENERAL.—Any individual who is a essary to ensure that funds held in an individ- member of a household that is eligible for assist- ual development account are not withdrawn, ex- SEC. 413. SANCTIONS. ance under the State temporary assistance for cept for one or more qualified expenses, or for (a) AUTHORITY TO TERMINATE DEMONSTRA- needy families program established under part A an emergency withdrawal. Such guidelines shall TION PROJECT.—If the Secretary determines that of title IV of the Social Security Act (42 U.S.C. include a requirement that a responsible official a qualified entity under this title is not operat- 601 et seq.), or that meets each of the following of the qualified entity conducting a project ap- ing a demonstration project in accordance with requirements shall be eligible to participate in a prove a withdrawal from such an account in the entity’s approved application under section demonstration project conducted under this writing. The guidelines shall provide that no in- 405 or the requirements of this title (and has not title: dividual may withdraw funds from an individ- implemented any corrective recommendations di- (1) INCOME TEST.—The adjusted gross income ual development account earlier than 6 months rected by the Secretary), the Secretary shall ter- of the household does not exceed the earned in- after the date on which the individual first de- minate such entity’s authority to conduct the come amount described in section 32 of the In- posits funds in the account. demonstration project. ternal Revenue Code of 1986 (taking into ac- (e) REIMBURSEMENT.—An individual shall re- (b) ACTIONS REQUIRED UPON TERMINATION.— count the size of the household). imburse an individual development account for If the Secretary terminates the authority to con- (2) NET WORTH TEST.— any funds withdrawn from the account for an duct a demonstration project, the Secretary— (A) IN GENERAL.—The net worth of the house- emergency withdrawal, not later than 12 months (1) shall suspend the demonstration project; hold, as of the end of the calendar year preced- after the date of the withdrawal. If the individ- (2) shall take control of the Reserve Fund es- ing the determination of eligibility, does not ex- ual fails to make the reimbursement, the quali- tablished pursuant to section 407; fied entity administering the account shall ceed $10,000. (3) shall make every effort to identify another (B) DETERMINATION OF NET WORTH.—For pur- transfer the funds deposited into the account or qualified entity (or entities) willing and able to poses of subparagraph (A), the net worth of a a parallel account under this section to the Re- conduct the project in accordance with the ap- household is the amount equal to— serve Fund of the qualified entity, and use the proved application (or, if modification is nec- (i) the aggregate market value of all assets funds to benefit other individuals participating essary to incorporate the recommendations, the that are owned in whole or in part by any mem- in the demonstration project involved. application as modified) and the requirements of ber of the household; minus SEC. 411. LOCAL CONTROL OVER DEMONSTRA- this title; (ii) the obligations or debts of any member of TION PROJECTS. (4) shall, if the Secretary identifies an entity the household. A qualified entity under this title, other than (or entities) described in paragraph (3)— (C) EXCLUSIONS.—For purposes of determining a State or local government agency or a tribal the net worth of a household, a household’s as- government, shall, subject to the provisions of (A) authorize the entity (or entities) to con- sets shall not be considered to include the pri- section 413, have sole authority over the admin- duct the project in accordance with the ap- mary dwelling unit and one motor vehicle istration of the project. The Secretary may pre- proved application (or, if modification is nec- owned by a member of the household. scribe only such regulations or guidelines with essary to incorporate the recommendations, the (b) INDIVIDUALS UNABLE TO COMPLETE THE respect to demonstration projects conducted application as modified) and the requirements of PROJECT.—The Secretary shall establish such under this title as are necessary to ensure com- this title; regulations as are necessary to ensure compli- pliance with the approved applications and the (B) transfer to the entity (or entities) control ance with this title if an individual participat- requirements of this title. over the Reserve Fund established pursuant to section 407; and ing in the demonstration project moves from the SEC. 412. ANNUAL PROGRESS REPORTS. (C) consider, for purposes of this title— community in which the project is conducted or (a) IN GENERAL.—Each qualified entity under is otherwise unable to continue participating in this title shall prepare an annual report on the (i) such other entity (or entities) to be the that project, including regulations prohibiting progress of the demonstration project. Each re- qualified entity (or entities) originally author- future eligibility to participate in any other port shall include both program and participant ized to conduct the demonstration project; and demonstration project conducted under this information and shall specify for the period cov- (ii) the date of such authorization to be the title. ered by the report the following information: date of the original authorization; and SEC. 409. SELECTION OF INDIVIDUALS TO PAR- (1) The number and characteristics of individ- (5) if, by the end of the 1-year period begin- TICIPATE. uals making a deposit into an individual devel- ning on the date of the termination, the Sec- From among the individuals eligible to partici- opment account. retary has not found a qualified entity (or enti- pate in a demonstration project conducted (2) The amounts in the Reserve Fund estab- ties) described in paragraph (3), shall— under this title, each qualified entity shall select lished with respect to the project. (A) terminate the project; and the individuals— (3) The amounts deposited in the individual (B) from the amount remaining in the Reserve (1) that the qualified entity determines to be development accounts. Fund established as part of the project, remit to best suited to participate; and (4) The amounts withdrawn from the individ- each source that provided funds under section (2) to whom the qualified entity will provide ual development accounts and the purposes for 405(c)(4) to the entity originally authorized to deposits in accordance with section 410. which such amounts were withdrawn. conduct the project, an amount that bears the SEC. 410. DEPOSITS BY QUALIFIED ENTITIES. (5) The balances remaining in the individual same ratio to the amount so remaining as the (a) IN GENERAL.—Not less than once every 3 development accounts. amount provided from the source under section months during each project year, each qualified (6) The savings account characteristics (such 405(c)(4) bears to the amount provided from all entity under this title shall deposit in the indi- as threshold amounts and match rates) required such sources under that section. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9715 SEC. 414. EVALUATIONS. years 1999, 2000, 2001, 2002, and 2003, to remain The Conference Agreement requires the (a) IN GENERAL.—Not later than 10 months available until expended. Secretary to use at least $3 million of the after the date of enactment of this title, the Sec- And the House agree to the same. technical assistance set-aside to provide retary shall enter into a contract with an inde- BILL GOODLING, technical assistance to Head Start grantees pendent research organization to evaluate, the MIKE CASTLE, currently providing family literacy services, demonstration projects conducted under this MARK SOUDER, in order to improve the quality of family lit- title, individually and as a group, including BILL CLAY, eracy services and for those grantees to evaluating all qualified entities participating in MATTHEW G. MARTINEZ, serve as family literacy resources to other and sources providing funds for the demonstra- Managers on the Part of the House. grantees and service providers who wish to tion projects conducted under this title. implement family literacy programs. The JIM JEFFORDS, (b) FACTORS TO EVALUATE.—In evaluating agreement also requires the Secretary to DAN COATS, any demonstration project conducted under this evaluate the effectiveness and impact of JUDD GREGG, title, the research organization shall address the family literacy services in Head Start. following factors: TED KENNEDY, (1) The effects of incentives and organiza- CHRIS DODD, QUALITY AND EXPANSION RATIO tional or institutional support on savings behav- Managers on the Part of the Senate. The Senate bill maintains current law on ior in the demonstration project. JOINT EXPLANATORY STATEMENT OF the use of new funds, money appropriated (2) The savings rates of individuals in the THE COMMITTEE OF CONFERENCE over the prior year’s appropriation. The Sen- demonstration project based on demographic The managers on the part of the House and ate bill directs the Secretary to reserve 75% characteristics including gender, age, family the Senate at the conference on the disagree- of all new funds to be used for expansion pur- size, race or ethnic background, and income. ing votes of the two Houses on the amend- poses and 25% of all new money to be used (3) The economic, civic, psychological, and so- ment of the House to the bill (S. 2206) to for quality purposes (increasing salaries and cial effects of asset accumulation, and how such amend the Head Start Act, the Low-Income training). effects vary among different populations or com- Home Energy Assistance Act of 1981, and the The House amendment increases the per- munities. Community Services Block Grant Act to re- centage of new funds reserved for quality in (4) The effects of individual development ac- authorize and make improvements to those the initial years of the authorization and di- counts on savings rates, homeownership, level of Acts, to establish demonstration projects rects the Secretary to reserve 10% of new postsecondary education attained, and self-em- that provide an opportunity for persons with funds to be used either for quality or expan- ployment, and how such effects vary among dif- limited means to accumulate assets, and for sion purposes. Specifically, the amendment ferent populations or communities. other purposes, submit the following joint provides 65% for quality, 25% for expansion (5) The potential financial returns to the Fed- statement to the House and the Senate in ex- and 10% for quality or expansion in the first eral Government and to other public sector and planation of the effect of the action agreed 2 years of the authorization; 45% for quality, private sector investors in individual develop- upon by the managers and recommended in 45% for expansion and 10% for quality or ex- ment accounts over a 5-year and 10-year period the accompanying conference report: pansion in FY 2001 and FY 2002; and 25% for of time. quality, 65% for expansion and 10% for qual- TITLE I—HEAD START (6) The lessons to be learned from the dem- ity or expansion in the final year of the au- onstration projects conducted under this title AUTHORIZATION LEVELS thorization. and if a permanent program of individual devel- The Senate bill authorizes Head Start at The Conference Agreement provides the opment accounts should be established. such sums as may be necessary for FY 1999 following quality/expansion ratios: in FY (7) Such other factors as may be prescribed by through FY 2003. 1999, 60% for quality, 40% for expansion; in the Secretary. The House amendment authorizes Head FY 2000, 50% for quality, 50% for expansion, (c) METHODOLOGICAL REQUIREMENTS.—In Start at $4.6 billion in FY 1999 and such sums in FY 2001, 47.5% for quality, 52.5% for expan- evaluating any demonstration project conducted as may be necessary for FY 2000 through FY sion; in FY 2002 35% for quality, 65% for ex- under this title, the research organization 2003. pansion; and in FY 2003, 25% for quality, 75% shall— The Conference Agreement maintains the for expansion. The Conferees believe it is (1) for at least one site, use control groups to Senate language. prudent to dedicate additional resources to compare participants with nonparticipants; FREELY ASSOCIATED STATES (2) before, during, and after the project, ob- quality to improve the services to children. tain such quantitative data as are necessary to The Senate bill continues eligibility for Furthermore, the Conferees believe that an evaluate the project thoroughly; and the Freely Associated States (the Republic initial increase in quality dollars is nec- (3) develop a qualitative assessment, derived of the Marshall Islands, the Federated States essary to assist grantees in meeting the new from sources such as in-depth interviews, of of Micronesia, and the Republic of Palau). educational performance standards and pro- how asset accumulation affects individuals and The House amendment requires that pay- fessional development requirements. ments to the Freely Associated States (the families. CONSTRUCTION Republic of the Marshall Islands, the Fed- (d) REPORTS BY THE SECRETARY.— The Senate bill permits quality money to (1) INTERIM REPORTS.—Not later than 90 days erated States of Micronesia, and the Repub- be used for minor construction and renova- after the end of the calendar year in which the lic of Palau) be made on a competitive basis tion for the purposes of improving facilities Secretary first authorizes a qualified entity to based on recommendations by the Pacific necessary to expand the availability or to conduct a demonstration project under this title, Region Educational Laboratory to the Free- enhance the quality of Head Start programs. and every 12 months thereafter until all dem- ly Associated States, Guam, American The House amendment specifically pro- onstration projects conducted under this title Samoa, and the Northern Mariana Islands hibits quality dollars from being used for are completed, the Secretary shall submit to and terminates these funds on September 30, construction or renovation, but permits ex- Congress an interim report setting forth the re- 2001. pansion dollars to be used for such purposes. sults of the reports submitted pursuant to sec- The Conference Agreement continues eligi- The Conference Agreement generally fol- tion 412(b). bility for the Freely Associated States (the lows the House language. The agreement de- (2) FINAL REPORTS.—Not later than 12 months Republic of the Marshall Islands, the Fed- letes the reference to minor construction after the conclusion of all demonstration erated States of Micronesia and the Republic and renovation under both quality and ex- projects conducted under this title, the Sec- of Palau) through FY 2001. If the legislation pansion. The Conferees believe grantees retary shall submit to Congress a final report implementing the Compact of Free Associa- should use funds provided under the basic setting forth the results and findings of all re- tion has not been enacted, the conference grant to fund minor renovations and con- ports and evaluations conducted pursuant to agreement extends eligibility for the Freely struction, rather than using quality or ex- this title. Associated States for an additional year (e) EVALUATION EXPENSES.—The Secretary until September 30, 2002. Eligibility for the pansion dollars for such purposes. The Con- shall expend 2 percent of the amount appro- Freely Associated States terminates on Sep- ferees encourage the grantees to use funds priated under section 416 for a fiscal year, to tember 30, 2002. provided under the basic grant for minor ren- ovations and construction and to reserve carry out the objectives of this section. FAMILY LITERACY DEMONSTRATION quality dollars to increase salaries and train- SEC. 415. TREATMENT OF FUNDS. The Senate bill does not contain a family ing. However,the Conferees recognize that Of the funds deposited in individual develop- literacy demonstration. there may be very limited circumstances ment accounts for eligible individuals, only the The House amendment sets aside $5 million when local grantees may need to use quality funds deposited by the individuals (including for up to 100 Head Start family literacy dem- funds for minor renovations and construc- interest accruing on those funds) may be consid- onstration projects across the country. tion in order to comply with health and safe- ered to be the income, assets, or resources of the Under the House amendment, 100 Head Start ty standards. In such cases, the Conferees individuals, for purposes of determining eligi- grantees would receive intensive training recognize the Secretary has authority to au- bility for, or the amount of assistance furnished and technical assistance so that they might thorize the use of quality funds for such pur- under, any Federal or federally assisted pro- become models for replication, in the area of poses. gram based on need. family literacy, for other Head Start pro- SEC. 416. AUTHORIZATION OF APPROPRIATIONS. grams. The House amendment also requires TRANSPORTATION There is authorized to be appropriated to the Secretary to conduct research and evalu- The Senate bill deletes the reference to carry out this title, $25,000,000 for each of fiscal ate successful family literacy models. transportation under the quality section. H9716 CONGRESSIONAL RECORD — HOUSE October 6, 1998 The House amendment is identical to the The House amendment requires the Sec- expect the Secretary will defund poor per- Senate bill. retary to consult only with Governors of forming grantees—those grantees that fail to The Conference Agreement follows both those States that contribute State dollars to meet the performance standards or meas- the House and Senate language. The Con- Head Start. ures. Given that the Secretary will have to ferees believe that grantees should use their The Conference Agreement maintains the designate new agencies, in cases where a basic grant funds to cover transportation House language. Head Start grantee has been defunded or in costs. However, the Conferees recognize that PERFORMANCE MEASURES cases where an area is undeserved, the Con- under very limited circumstances local The Senate bill does not contain education ferees urge the Secretary, to place the high- grantees may need to use quality dollars to performance measures. est priority on those applicants who have ex- cover transportation in order to enable chil- The House amendment contains 4 edu- perience in providing quality comprehensive dren to participate in a Head Start program cation performance measures to measure early childhood services. or to ensure that the transportation pro- local grantee performance. The measures re- DRUG COUNSELING vided by the Head Start grantees meet safety quire grantees to ensure that children: (1) The Senate bill has no comparable lan- standards. In such cases, the Conferees rec- know that letters of the alphabet are a spe- ognize the Secretary has authority to au- guage. cial category of visual graphics that can be The House amendment requires Head Start thorize the use of quality funds for such pur- individually named; (2) recognize a word as a agencies to offer parents of participating poses. unit of print; (3) identify at least ten letters children substance abuse counseling (either FORMULA CHANGE of the alphabet; and (4) associate sounds with directly or through referral to local entities) The Senate bill maintains the current law written words. The House amendment also including information on drug-exposed in- formula, which has a 1981 hold harmless with requires the Secretary to develop and imple- fants and fetal alcohol syndrome. any money above the 1981 appropriation allo- ment additional performance measures by The Conference Agreement maintains the cated to the States based 2⁄3 on the number of January 1, 1999 and permits local grantees to House language. The Conferees believe that poor children under the age of 6 and 1⁄3 on the develop their own performance measures. in encouraging Head Start providers to offer number of children under age 18 from Aid for The Conference Agreement follows the parents of participating children substance Families with Dependent Children (AFDC) House amendment, but changes the date by abuse counseling, including information on families. which the Secretary must implement addi- drug exposed infants and fetal alcohol syn- The House amendment puts in place a 1998 tional performance measures from January 1 drome, parents will be empowered to make hold harmless. All new money will be allo- to July 1, 1999. better lifestyle decisions that improve the cated to States based on the State’s share of CHILD SUPPORT REFERRAL health and safety of their children. children under the age of 5 from families The Senate bill contains no comparable INCOME ELIGIBILITY below the poverty line. The Department of provision. Health and Human Services is directed to The Senate bill has no comparable lan- The House amendment requires Head Start guage. use the most recent data available on the grantees to inform custodial parents in sin- number of poor children. The House amendment permits individual gle-parent families that participate in Head programs to have up to 25% of total enroll- The Conference Agreement adopts the Start about the availability of child support House formula. ment over the poverty level, but stipulates services, and to refer such individuals to that the income of participating families EARLY HEAD START State and local government child support of- cannot exceed 140% of the poverty level. Fur- The Senate bill authorizes the following fices. thermore, the program must document the The Conference Agreement includes the set-aside levels for Early head Start: 7.5% in need for such services from a community House provision on child support referral. FY 1999, 8% in FY 2000, 9% in FY 2001, 10% in needs assessment, and it must show reason- FY 2002, and 10% in FY 2003. COORDINATION WITH ELEMENTARY SCHOOLS able efforts to recruit children of families The House amendment authorizes the fol- The Senate bill has no comparable lan- with incomes below the poverty level. The lowing set-aside levels for Early Head Start: guage. House amendment also permits grantees to 7.5% in FY 1999, 8% in FY 2000, 8.5% in FY The House amendment requires Head Start institute a sliding fee scale, comparable to 2001, and not less than 8.5% but not more programs to coordinate and link its services the sliding fee scale established under the than 10% in FY 2002 and FY 2003. The in- to the educational services provided by local Child Care Development Block Grant, for creased authorizations in FY 2002 and FY educational agencies in which Head Start families above the poverty line. 2003 are dependent on receipt by the House children will enroll. The Conference Agreement maintains the Committee on Education and the Workforce The Conference Agreement maintains the Senate position. and the Senate Committee on Labor and House language. The Conferees believe that STAFF QUALIFICATIONS Human Resources of a report from the De- it is important for a Head Start program to partment of Health and Human Services on link and coordinate its services with those The Senate bill has no comparable lan- the quality and impact of Early Head Start. educational services that will be provided to guage. The House amendment also stipulates that if children once they graduate and enter ele- The House amendment requires that the the Department fails to provide the Commit- mentary school. The Conferees believe that majority of Head Start classroom teachers in tees with a report on Early Head Start, then the positive educational experiences gained each center-based program have an Associate the authorization levels for FY 2002 and FY by children in Head Start programs can be or Bachelor degree in early childhood edu- 2003 shall remain at 8.5%. built upon when such children enter elemen- cation by 2003. In addition, the House amend- The Conference Agreement authorizes the tary school and such coordination between ment stipulates that programs will have to following set-aside levels for Early Head Head Start and local educational agencies is develop an assessment to be used in hiring or Start: 7.5% in FY 1999, 8% in FY 2000, 9% in essential to accomplishing this goal. evaluating classroom teachers. FY 2001, 10% in FY 2002, and 10% in FY 2003. The Conference Agreement requires that DESIGNATION OF HEAD START AGENCIES The Conference Agreement stipulates that the majority of Head Start classroom teach- The Senate bill permits for-profit entities the Secretary is required to use the portion ers nationwide have an Associate or Bach- to be designated as Head Start grantees. The of FY 2002 Early Head Start funding, in ex- elor degree in either early childhood edu- Senate bill also permits the Secretary (only cess of that set-aside in FY 2001, to make cation or a degree in a field related to early in cases where the for-profit agency and non- necessary quality improvements, if Congress childhood education with experience in profit agency submit applications of equiva- has not received an interim report on the teaching preschool children by 2003. The Con- lent quality) to give a priority to the non- preliminary findings of the Early Head Start ference Agreement maintains the House lan- profit agency. impact study in 2001. If the final report con- guage requiring teacher assessments. The House amendment has no comparable tains substantial deficiencies in quality or if TITLE II—THE COMMUNITY SERVICES BLOCK language. the final report is not released in 2002, the The Conference Agreement follows the GRANT Secretary is required to use the portion of Senate bill but also adds the following lan- PURPOSES AND GOALS FY 2003 Early Head Start funding, in excess guage: ‘‘In selecting from among qualified The Senate bill adds a new statement of of that set-aside in FY 2002, to make nec- applicants for designation as a Head Start purpose in the Community Services Block essary quality improvements. The Con- agency, the Secretary shall give preference Grant Act that stresses: the eradication of ference report sets-aside 5–10% of Early Head to applicants which have demonstrated ca- poverty, the revitalization of high poverty Start spending to create a training and tech- pacity in providing comprehensive early neighborhoods, and the empowerment of low- nical assistance fund to expand and enhance childhood services to children and their fam- income families and individuals to become program support at the Federal, regional, ilies.’’ The Conferees hope that expanding fully self-sufficient. and local levels, as delineated in the Senate the universe of organizations eligible to The House amendment generally follows report. compete to run Head Start programs will re- the Senate bill, but stresses a more active GOVERNORS CONSULTATION AND DESIGNATION sult in stronger applications and higher role for private, religious, charitable, and OF AGENCIES quality services to children and their fami- neighborhood-based organizations in the pro- The Senate bill requires the Secretary to lies. vision of services. consult with Governors in the designation of As a result of the new educational perform- The Conference Agreement merges the pro- Head Start agencies. ance standards and measures, the Conferees visions of the Senate and House language. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9717

AUTHORIZATION The House amendment establishes a new designed to eliminate poverty and foster The Senate bill provides an authorization formula for the allotment of CSBG funds self-sufficiency; or a private nonprofit eligi- for the Community Services Block Grant that are in excess of funds appropriated in ble entity located in an area contiguous to, (CSBG) for 5 years through the year 2003. The FY 1999. or within reasonable proximity of, the Senate bill authorizes funding for CSBG at The Conference Agreement maintains the unserved area that already provides related $625 million in FY 1999, and such sums as Senate language and does not change the for- services in the unserved area. The Agree- may be necessary for FY 2000 through FY mula for the allotment of funds in the CSBG ment retains language from both bills that 2003. program. in any case the organization must be of dem- The House amendment provides an author- STATE CHARITY TAX PROVISION onstrated effectiveness in meeting the goals ization for the Community Services Block The Senate bill has no comparable provi- and purposes of the Act. The agreement also Grant (CSBG) for 5 years through the year sion. retains language in both bills that allows 2003. The House amendment authorizes fund- The House amendment allows States to use States to give priority to existing eligible ing for CSBG at $535 million in FY 1999, and up to 10% of their State allotment (from entities already providing services within such sums as may be necessary for FY 2000 their State-held funds) to offset State char- the community. It is the intent of the Con- through FY 2003. ity tax credits for the alleviation of poverty. ferees that States shall give consideration to The Conference Agreement provides an au- The Conference Agreement includes the using existing, private nonprofit eligible en- thorization for the Community Services House State charity tax credit, but specifies tities to provide CSBG services in unserved Block Grant (CSBG) for 5 years through the that administrative or start-up costs of such areas. Utilizing existing eligible entities will year 2003. The Agreement authorizes funding a tax credit program may only come from effectively leverage CSBG resources and ex- for CSBG at such sums as may be necessary the State’s administrative account (limited pertise and ensure continuity in the pro- for fiscal years 1999 through 2003. to up to 5% of the State’s CSBG allotment), gram. RESERVATION FOR TRAINING AND TECHNICAL if CSBG funds are used for such purposes. TRIPARTITE BOARDS ASSISTANCE The Agreement also includes language clari- The Senate bill strengthens the role of fying that CSBG funds may not be used to local tripartite boards in the design and im- The Senate bill provides not less than 1⁄2 of plementation of all local CSBG programs 1% and not more than 1% for training and offset tax credits for legal services or edu- whether administered by public or private technical assistance. cational vouchers. eligible entities. The bill maintains the same The House amendment provides 11⁄2% for ADDITIONAL USES OF FUNDS representation requirements for membership training and technical assistance, and for The Senate bill has no comparable provi- on tripartite boards, but requires that all other activities to be carried out by the Sec- sions. members of such boards reside in the com- retary of the Department of Health and The House amendment contains several munity being served. Human Services such as monitoring, evalua- new allowable uses of funds as described in The House amendment generally follows tion, and corrective action. The House the State plan, including: literacy (including the Senate bill pertaining to the role of tri- amendment also requires that 1⁄2 of such family literacy) initiatives; youth develop- partite boards. However, the House amend- funds be distributed directly to local eligible ment initiatives (which may include after- ment only requires that members of such entities or to statewide organizations whose school child care); community policing ini- boards who represent low-income individuals membership is composed of eligible entities tiatives; and fatherhood and other initiatives and families in the neighborhood served, to carry out technical assistance. that encourage parental responsibility. must reside in neighborhood served. The Conference Agreement follows the The Conference Agreement generally fol- The Conference Agreement maintains the 1 House language providing 1 ⁄2% for training lows the House amendment regarding addi- House language in that the residence re- and technical assistance and other activities tional uses of funds, and adds effective par- quirement pertains only to the individuals to be carried out by the Secretary of the De- enting, public and private grassroots part- on tripartite boards who represent low-in- partment of Health and Human Services. The nerships, and youth intervention initiatives come individuals and families in the neigh- 1 Agreement also requires that ⁄2 of such as allowable uses of funds. borhoods served. However Conferees strongly amount be provided directly to local eligible DESIGNATION OF NEW ELIGIBLE ENTITIES encourage that all members of local tri- entities or to statewide or local organiza- The Senate bill provides that if any geo- partite boards will reside or have interests tions or associations with demonstrated ex- graphic area in a State is not, or ceases to be (such as the conduct of business) in the pertise in providing training to individuals served by an eligible entity, the chief execu- neighborhood served or in the broader com- and organizations on methods of effectively tive officer of the State may solicit applica- munity. addressing the needs of low income families tions from, and designate as an eligible agen- ACCOUNTABILITY and communities, to carry out technical as- cy: one or more private non-profit organiza- sistance. The Senate bill requires that the Depart- tions geographically located in the unserved ment of Health and Human Services work RESERVATION FOR DISCRETIONARY PROGRAMS area; or private non-profit organizations with States and local eligible entities to es- The Senate bill sets aside 9% of CSBG (which may include eligible entities) located tablish the development of a performance funds for discretionary programs. in an area contiguous to, or within reason- measurement system to be used by States The House amendment sets aside ‘‘up to able proximity of, the unserved area that are and local entities to measure their perform- 9%’’ of CSBG funds for discretionary pro- already providing related services in the ance in programs funded through CSBG. This grams. unserved area. The State may give priority builds on a voluntary performance measure- The Conference Agreement maintains the to existing eligible entities already provid- ment system begun by States and local enti- Senate language, setting aside 9% of CSBG ing services within the community. ties with the help of the Department of funds for discretionary programs. The House amendment provides that for Health and Human Services several years FREELY ASSOCIATED STATES any geographic area in a State that is not, or ago called the Results-Oriented Management ceases to be served by an eligible entity, the The Senate bill continues eligibility for and Accountability System (ROMA). The bill chief executive officer of the State may so- the Freely Associated States (the Republic further requires that each State and eligible licit applications and designate as the eligi- of the Marshall Islands, the Federated States entity participate in such a performance ble agency for that area: a private nonprofit of Micronesia, and the Republic of Palau). measurement system by October 1, 2002. eligible entity located in an area contiguous The House amendment requires that pay- The House amendment generally follows to, or within reasonable proximity of, the ments to the Freely Associated States (the the Senate bill with to major exceptions. unserved area that already provides related Republic of the Marshall Islands, the Fed- First, the House amendment clarifies that services in the unserved area; or another pri- erated States of Micronesia, and the Repub- the role of the Department of Health and vate nonprofit organization geographically lic of Palau) be made on a competitive basis Human Services is to facilitate (not estab- located in the unserved area that is capable based on recommendations by the Pacific lish) the performance measurement system. of providing a broad range of services de- Region Educational Laboratory to the Fed- Second, the House amendment requires that signed to eliminate poverty and foster self- erated States of Micronesia, Guam, Amer- States and local eligible entities must par- sufficiency. In any such designation, the or- ican Samoa, and the Northern Mariana Is- ticipate in such a performance measurement ganization must be of demonstrated effec- lands and terminates these funds on Septem- system by October 1, 2001. tiveness in meeting the goals and purposes of The Conference Agreement maintains the ber 30, 2001. the Act. The House amendment also provides House language. Conferees see the role of the The Conference Agreement returns to cur- that States may give priority to existing eli- Department of Health and Human Services rent law and continues the ineligibility of gible entities already providing services as important in facilitating development of the Freely Associated States (the Republic within the community. the performance measurement system. Con- of the Marshall Islands, the Federated States The Conference Agreement provides that ferees expect that such efforts will build on of Micronesia, and the Republic of Palau) for States may designate as new eligible enti- work already begun in development of the CSBG. ties: a private nonprofit organization (which Results-Oriented Management and Account- ALLOTMENT OF ADDITIONAL FUNDS may include an eligible entity) geographi- ability System (ROMA). Such a performance The Senate bill contains no comparable cally located in the unserved area that is ca- measurement system is intended to allow provision. pable of providing a broad range of services States and local communities to determine H9718 CONGRESSIONAL RECORD — HOUSE October 6, 1998 their own priorities and establish perform- COMMUNITY FOOD AND NUTRITION PROGRAM EMPHASIS ON LOW-INCOME HOUSEHOLDS FOR ance objectives accordingly. The Senate bill authorizes the Community WEATHERIZATION SERVICES ROLE OF RELIGIOUS ORGANIZATIONS Food and Nutrition Program at $25 million The Senate bill contains no comparable The Senate bill prescribes the cir- in FY 1999, and such sums through FY 2003. provision. cumstances under which religious organiza- The House amendment authorizes the The House amendment places an emphasis tions may receive grants and contracts Community Food and Nutrition Program at on serving low-income households that pay a under the CSBG program. Specifically, lan- $5 million in FY 1999, and such sums through high proportion of their household income guage has been included which provides that FY 2003. for home energy costs in the allocation of faith-based organizations may participate in The Conference Agreement authorizes the weatherization services. the CSBG program as long as the program is Community Food and Nutrition Program at The Conference Agreement maintains the implemented in a manner consistent with such sums in FY 1999 through FY 2003. House language. TECHNICAL ASSISTANCE the Establishment Clause of the Constitu- DRUG TESTING tion. The language further provides that The Senate bill sets aside an additional faith-based organizations shall not be re- The Senate bill has no comparable provi- $50,000 for the Secretary of Health and quired to remove religious art, icons, scrip- sion. Human Services for technical assistance, ture, or other symbols as a condition of par- The House amendment contains a provi- training, and on-site compliance reviews. ticipating in a program funded with CSBG. sion clarifying that States are not prohibited The House amendment contains no com- Faith-based organizations receiving funds from testing individuals receiving assistance parable provision. under this Act may not use Federal funds for under CSBG for controlled substances, or The Conference Agreement maintains the sectarian worship, instruction, or pros- from sanctioning individuals who test posi- Senate language. elytization and must agree to submit to the tive for controlled substances. FREELY ASSOCIATED STATES fiscal accountability requirements of the The Conference Agreement includes the The Senate bill continues eligibility for State, including requirements that CSBG clarification that States are not prohibited the Freely Associated States (the Republic funds be segregated from other funds. Simi- from testing individuals receiving assistance of the Marshall Islands, the Federated States lar language is contained in the House under CSBG for controlled substances. How- of Micronesia, and the Republic of Palau). amendment. ever, the Agreement further stipulates that The House amendment terminates eligi- The Senate bill includes several additional if States do test CSBG program participants bility for the Freely Associated States (the provisions, compared to the House amend- for controlled substances, and such individ- Republic of the Marshall Islands, the Fed- ment, that relate to employment discrimina- uals test positive, the State must inform erated States of Micronesia, and the Repub- tion; the role of intermediate organizations; such individuals about appropriate treat- lic of Palau). and a general provision on faith-based char- ment or rehabilitation services, and refer The Conference Agreement returns to cur- acter and independence. The employment such individuals to such services. rent law and continues the ineligibility of discrimination provision allows religious CHILD SUPPORT REFERRAL the Freely Associated States (the Republic providers that provide assistance under of the Marshall Islands, the Federated States The Senate bill contains no comparable CSBG, to require that employees adhere to of Micronesia, and the Republic of Palau) for provision. the religious tenets and teachings of such or- LIHEAP. ganization. It also allows religious providers The House amendment requires local eligi- ble entities to inform custodial parents in TITLE IV—INDIVIDUAL DEVELOPMENT to require employees not to use drugs or al- ACCOUNTS (IDAs) cohol (on or off the job). The Senate bill fur- single-parent families that participate in DESIGNATION OF IDAS AS A SEPARATE TITLE— ther provides that intermediate organiza- CSBG programs about the availability of DISTINCT FROM CSBG tions would also be required to give equi- child support services, and to refer such indi- table treatment to religious providers. The viduals to State and local government child The Senate bill establishes the IDA dem- Senate bill also contains a general provision support offices. onstration as a separate title, distinct from providing that religious organizations that The Conference Agreement includes the CSBG. The House amendment establishes the IDA provide assistance under CSBG shall retain House provision on child support referral. demonstration as a chapter in CSBG. their faith-based character. TITLE III—LOW INCOME HOME ENERGY The Conference Agreement maintains the The House amendment generally follows ASSISTANCE PROGRAM (LIHEAP) Senate language and establishes the IDA the Senate bill with the exception of the pro- AUTHORIZATION demonstration as a separate title. Individual visions related to employment; the role of Development Accounts (IDAs) are dedicated, intermediate organizations; and the general The Senate bill authorizes LIHEAP for 5 matched savings accounts that can be used provision on faith-based character. years at $2 billion a year for fiscal years 2000 The Conference Agreement generally fol- through 2004. for purchasing a first home, meeting the lows the Senate bill, except for the provision The House amendment authorizes LIHEAP costs of postsecondary education, capitaliz- related to employment. The Conference for 2 years at $1.1 billion (the FY 1998 appro- ing a business, or addressing certain defined Agreement clarifies that a religious organi- priated level) in FY 2000 and such sums for hardship cases. Under the IDA program, non- zation’s exemption provided under section FY 2001. profit organizations or State and local gov- 702 of the Civil Rights Act of 1964 regarding The Conference Agreement authorizes ernments enter into partnerships with low- employment practices shall not be affected LIHEAP for 5 years. The Agreement provides income individuals who deposit a self-deter- by its participation in, or receipt of funds an authorization of such sums as necessary mined amount from their earned income in from the Community Services Block Grant. in FY 2000 and FY 2001, and $2 billion in FY the account. The sponsoring organizations match the individual’s deposit with funds FUNDING TERMINATION OR REDUCTIONS 2002 through FY 2004. Fiscal year 1999 contin- ues to be authorized at the $2 billion level. provided through this demonstration author- The Senate bill gives the Secretary up to ity and other non-federal sources. This legis- 60 days to complete a review when a State LEVERAGING lation supports the work that States and decertifies or defunds a local eligible entity. The Senate bill extends the authorization community based organizations are doing in The Senate bill contains no comparable pro- of the leveraging program for 5 years, but support of IDAs and other asset-based devel- vision to the House amendment which allows caps funding at $30 million until funds reach opment strategies. The Conferees believe the Secretary to provide direct assistance to $1.4 billion, at which time the cap is in- that IDAs hold great promise as a strategy a local eligible entity that has been decerti- creased to $50 million. to enable low-income people and commu- fied in violation of the appeal process estab- The House amendment extends the author- nities to move forward economically, par- lished in the law. ization of the leveraging program for 2 years, ticipate in the mainstream economy, and re- The House amendment gives the Secretary at $50 million in both FY 2000 and FY 2001. alize their dreams of good jobs, opening their up to 120 days to complete a review when a The Conference Agreement maintains the own small businesses, going to college, own- State decertifies or defunds a local eligible Senate language. ing a home, and bequeathing a better future entity. The House amendment provides the for their children. Secretary with authority to provide direct NATURAL DISASTERS AND OTHER EMERGENCIES assistance to a local eligible entity that has The Senate bill and House amendment AUTHORIZATION been decertified in violation of the appeal both include language to clarify the criteria The Senate bill authorizes the IDA dem- process established in the statute. by which the President can release LIHEAP onstration for 5 years at $25 million per year. The Conference Agreement gives the Sec- funds during a natural disaster or emer- The House amendment authorizes the IDA retary up to 90 days to complete a review gency. demonstration for 4 years at $25 million per when a State decertifies or defunds a local The Conference Agreement adheres to lan- year. eligible entity, upon receipt of all necessary guage on natural disasters and emergencies The Conference Agreement maintains the materials from the State. The Agreement contained in the Senate report on S. 2206. In Senate language and authorizes the IDA generally follows the House amendment re- determining whether to recommend a release demonstration for 5 years at $25 million per garding the Secretary’s authority to provide of emergency funds to States, the Conferees year. direct assistance to eligible entities when a intend that the Secretary will take into con- PROJECT YEARS State violates the appeal process established sideration requests from Members of Con- The Senate bill limits project years for in the statute. gress in making such releases. IDA demonstrations to 4 years. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9719

The House amendment limits project years Mr. NEAL of Massachusetts. SENATE ENROLLED BILL SIGNED for IDA demonstrations to 5 years. Mr. ETHERIDGE. The SPEAKER announced his signa- The Conference Agreement maintains the Mr. BERMAN. House language and limits project years for ture to an enrolled bill of the Senate of Mr. SKELTON. IDA demonstrations to 5 years. the following title: Mr. MCHALE. GRANDFATHERING S. 414. An Act to amend the Shipping Act Mr. KLECZKA. of 1984 to encourage competition in inter- The Senate bill contains no comparable Mr. FAZIO of California. provision. national shipping and growth of United Mr. DOYLE. The House amendment makes Statewide States exports, and for other purposes. IDA programs that were established by State Mr. BENTSEN. f Mr. SERRANO. statute and funded with State funds in ex- BILLS PRESENTED TO THE cess of $1 million by the date of enactment of Mr. BROWN of California. PRESIDENT this Act eligible to compete for IDA dem- Mr. RANGEL. onstration grants, and exempts them from (The following Members (at the re- Mr. THOMAS, from the Committee certain requirements of this title that are di- quest of Mr. ADAM SMITH of Washing- on House Oversight, reported that that rectly in conflict with their previously es- ton) and to include extraneous mate- committee did on this day present to tablished programs. rial:) the President, for his approval, bills of The Conference Agreement maintains the the House of the following titles: House language. Mr. BILBRAY. BILL GOODLING, Mr. FORBES. H.R. 4068. To make certain technical cor- MIKE CASTLE, Mr. HAYWORTH. rections in laws relating to Native Ameri- MARK SOUDER, Mr. DIAZ-BALART. cans, and for other purposes. BILL CLAY, Mr. SOUDER. H.R. 3007. To establish the Commission on the Advancement of Women and Minorities MATTHEW G. MARTINEZ, Mr. GINGRICH. Managers on the Part of the House. in Science, Engineering, and Technology De- Mr. DREIER. velopment. JIM JEFFORDS, (The following Members (at the re- H.R. 3616. To authorize appropriations for DAN COATS, quest of Mr. OWENS) and to include ex- fiscal year 1999 for military activities of the JUDD GREGG, traneous material:) Department of Defense, for military con- TED KENNEDY, Mr. KANJORSKI. struction, and for defense activities of the CHRIS DODD, Mr. PACKARD. Department of Energy, to prescribe person- Managers on the Part of the Senate. nel strengths for such fiscal year for the Mr. RAHALL. f Armed Forces, and for other purposes. Mr. TAYLOR of North Carolina. f LEAVE OF ABSENCE Mr. HINOJOSA. Mr. BONILLA. By unanimous consent, leave of ab- ADJOURNMENT Mr. SENSENBRENNER. sence was granted to: Mr. OWENS. Mr. Speaker, I move Ms. JACKSON-LEE. Mr. MCCRERY (at the request of Mr. that the House do now adjourn. Mr. OBERSTAR. ARMEY) for today after 3:30 p.m. and for The motion was agreed to; accord- Mr. BARCIA. October 7 on account of attending a fu- ingly (at 9 o’clock and 25 minutes Mr. CLAY. neral. p.m.), the House adjourned until to- Mr. BENTSEN. f morrow, Wednesday, October 7, 1998, at Mr. FRANKS of New Jersey. 10 a.m. SPECIAL ORDERS GRANTED Mr. LAZIO of New York. f Mr. MCHALE. By unanimous consent, permission to Mr. ACKERMAN. EXECUTIVE COMMUNICATIONS, address the House, following the legis- ETC. lative program and any special orders f Under clause 2 of rule XXIV, execu- heretofore entered, was granted to: SENATE BILL REFERRED (The following Members (at the re- tive communications were taken from quest of Mr. MCNULTY) to revise and A bill of the Senate of the following the Speaker’s table and referred as fol- extend their remarks and include ex- title was taken from the Speaker’s lows: traneous material:) table and, under the rule, referred as 11514. A letter from the Administrator, Ag- Mr. SKAGGS, for 5 minutes, today. follows: ricultural Marketing Service, transmitting the Service’s final rule—Egg, Poultry, and Mrs. CLAYTON, for 5 minutes, today. S. 2505. An act to direct the Secretary of Rabbit Grading Increase in Fees and Charges Ms. FURSE, for 5 minutes, today. the Interior to convey title to the Tunnison Lab Hagerman Field Station in Gooding [Docket No. PY–98–002] received October 5, Mr. FALEOMAVAEGA, for 5 minutes, County, Idaho, to the University of Idaho; to 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the today. the Committee on Resources. Committee on Agriculture. Ms. SANCHEZ, for 60 minutes, today. 11515. A letter from the Administrator, Ag- f Ms. JACKSON-LEE of Texas, for 60 ricultural Marketing Service, transmitting the Service’s final rule—Processed Fruits minutes, today. ENROLLED BILLS SIGNED (The following Members (at the re- and Vegetables [Docket No. FV–98–327] re- Mr. THOMAS, from the Committee ceived October 5, 1998, pursuant to 5 U.S.C. quest of Mr. SNOWBARGER) to revise and on House Oversight, reported that that 801(a)(1)(A); to the Committee on Agri- extend their remarks and include ex- culture. traneous material:) committee had examined and found truly enrolled bills of the House of the 11516. A letter from the Director, Office of Mr. PITTS, for 5 minutes, today. Regulatory Management and Information, following titles, which were thereupon Mr. CASTLE, for 5 minutes, today. Environmental Protection Agency, transmit- signed by the Speaker: Mr. FOSSELLA, for 5 minutes today. ting the Agency’s final rule—Fludioxonil; Mr. MORAN of Kansas, for 5 minutes, H.R. 3007. An act to establish the Commis- Pesticide Tolerance [OPP–300738; FRL–6036–8] today. sion on the Advancement of Women and Mi- (RIN: 2070–AB78) received October 5, 1998, norities in Science, Engineering, and Tech- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. EHLERS, for 5 minutes, today. nology Development Act. mittee on Agriculture. f H.R. 4101. An act making appropriations 11517. A letter from the Director, Office of for Agriculture, Rural Development, Food Regulatory Management and Information, EXTENSION OF REMARKS and Drug Administration, and Related Agen- Environmental Protection Agency, transmit- By unanimous consent, permission to cies programs for the fiscal year ending Sep- ting the Agency’s final rule—Cyproconazole; revise and extend remarks was granted tember 30, 1999, and for other purposes. Pesticide Tolerance [OPP–300742; FRL–6036–9] to: H.R. 4103. An act making appropriations (RIN: 2070–AB78) received October 5, 1998, (The following Members (at the re- for the Department of Defense for the fiscal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- year ending September 30, 1999, and for other mittee on Agriculture. quest of Mr. MCNULTY) and to include purposes. 11518. A letter from the Director, Office of extraneous material): H.R. 4068. An act to make certain correc- Regulatory Management and Information, Mr. KIND. tions in laws relating to Native Americans, Environmental Protection Agency, transmit- Mr. TOWNS. and for other purposes. ting the Agency’s final rule—Imidacloprid; H9720 CONGRESSIONAL RECORD — HOUSE October 6, 1998 Extension of Tolerance for Emergency Ex- 4503] (RIN: 2127–AG39) received October 5, fense articles and services (Transmittal No. emptions [OPP–300743; FRL–6037–2] (RIN: 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 98–60), pursuant to 22 U.S.C. 2776(b); to the 2070–AB78) received October 5, 1998, pursuant Committee on Commerce. Committee on International Relations. to 5 U.S.C. 801(a)(1)(A); to the Committee on 11529. A letter from the Director, Office of 11537. A letter from the Acting Director, Agriculture. Regulatory Management and Information, Defense Security Assistance Agency, trans- 11519. A letter from the Director, Office of Environmental Protection Agency, transmit- mitting notification concerning the Depart- Regulatory Management and Information, ting the Agency’s final rule—Approval and ment of the Air Force’s Proposed Letter(s) of Environmental Protection Agency, transmit- Promulgation of Air Quality Implementa- Offer and Acceptance (LOA) to Israel for de- ting the Agency’s final rule—Pyridate; Pes- tion Plans and Designations of Areas for Air fense articles and services (Transmittal No. ticide Tolerance [OPP–300737; FRL 6036–2] Quality Planning Purposes; State of Con- 98–59), pursuant to 22 U.S.C. 2776(b); to the (RIN: 2070–AB78) received October 5, 1998, necticut; Approval of Maintenance Plan, Committee on International Relations. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Carbon Monoxide Redesignation Plan and 11538. A letter from the Acting Director, mittee on Agriculture. Emissions Inventory for the New Haven- Defense Security Assistance Agency, trans- 11520. A letter from the Director, Office of Meriden-Waterbury area [CT50–7208; A–1– mitting notification concerning the Depart- Regulatory Management and Information, FRL–6167–1] received September 29, 1998, pur- ment of the Air Force’s Proposed Letter(s) of Environmental Protection Agency, transmit- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Offer and Acceptance (LOA) to Australia for ting the Agency’s final rule—Sethoxydim; tee on Commerce. defense articles and services (Transmittal Pesticide Tolerance [OPP–300739; FRL–6034–1] 11530. A letter from the Director, Office of No. 98–58), pursuant to 22 U.S.C. 2776(b); to (RIN: 2070–AB78) received October 5, 1998, Regulatory Management and Information, the Committee on International Relations. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Environmental Protection Agency, transmit- 11539. A letter from the Director, Defense mittee on Agriculture. ting the Agency’s final rule—Approval and Security Cooperation Agency, transmitting 11521. A letter from the Director, Office of Promulgation of State Air Quality Plans for notification concerning the Department of Regulatory Management and Information, Designated Facilities and Pollutants; Com- the Army’s proposed Letter(s) of Offer and Environmental Protection Agency, transmit- monwealth of Virginia; Control of Total Re- Acceptance (LOA) to Kuwait for defense arti- ting the Agency’s final rule—Avermectin; duced Sulfur Emissions from Existing Kraft cles and services (Transmittal No. 99–05), Extension of Tolerance for Emergency Ex- Pulp Mills [SIPTRAX NO. VA 011–5034a; pursuant to 22 U.S.C. 2776(b); to the Commit- emptions [OPP–300727; FRL–6033–7] (RIN: FRL–6174–7] received October 5, 1998, pursu- tee on International Relations. 2070–AB78) received October 5, 1998, pursuant ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11540. A letter from the Acting Director, to 5 U.S.C. 801(a)(1)(A); to the Committee on on Commerce. Defense Security Cooperation Agency, trans- Agriculture. 11531. A letter from the Director, Office of mitting notification concerning the Depart- 11522. A letter from the Director, Office of Regulatory Management and Information, ment of the Navy’s proposed Letter(s) of Regulatory Management and Information, Environmental Protection Agency, transmit- Offer and Acceptance (LOA) to Greece for de- Environmental Protection Agency, transmit- ting the Agency’s final rule—Performance fense articles and services (Transmittal No. ting the Agency’s final rule—Bifenthrin; Ex- Partnership Grants for State and Tribal En- 99–01), pursuant to 22 U.S.C. 2776(b); to the tension of Tolerance for Emergency Exemp- vironmental Program: Revised Interim Guid- Committee on International Relations. tions [OPP–300731; FRL 6034–9] (RIN: 2070– ance [FRL–6171–7] received October 5, 1998, 11541. A letter from the Assistant Sec- AB78) received October 5, 1998, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- retary for Legislative Affairs, Department of U.S.C. 801(a)(1)(A); to the Committee on Ag- mittee on Commerce. State, transmitting certification of a pro- riculture. 11532. A letter from the Director, Office of posed license for the export of defense arti- 11523. A letter from the Director, Office of Regulatory Management and Information, cles or defense services sold commercially Regulatory Management and Information, Environmental Protection Agency, transmit- under a contract to Mexico [Transmittal No. Environmental Protection Agency, transmit- ting the Agency’s final rule—Technical DTC 133–98], pursuant to 22 U.S.C. 2776(c); to ting the Agency’s final rule—Glyphosate; Amendments to Hazardous Waste Manage- the Committee on International Relations. Pesticide Tolerance [OPP–300736; FRL 6036–1] ment System; Identification and Listing of 11542. A letter from the Assistant Sec- (RIN: 2070–AB78) received October 5, 1998, Hazardous Waste; Petroleum Refining Proc- retary for Legislative Affairs, Department of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ess Wastes; Land Disposal Restrictions for State, transmitting certification of a pro- mittee on Agriculture. Newly Identified Wastes; And CERCLA Haz- posed license for the export of major defense 11524. A letter from the Chief, Programs ardous Substances Designation and Report- equipment sold under a contract to Italy and Legislation Division, Department of the able Quantities; Correction of Effective Date [Transmittal No. DTC 128–98], pursuant to 22 Air Force, transmitting notification that the Under Congressional Review Act (CRA) U.S.C. 2776(c); to the Committee on Inter- Commander of Air Combat Command is ini- [FRL–6172–3] received October 2, 1998, pursu- national Relations. tiating a multi-function cost comparison of ant to 5 U.S.C. 801(a)(1)(A); to the Committee 11543. A letter from the Assistant Sec- the base operating support functions at on Commerce. retary for Legislative Affairs, Department of Offutt Air Force Base (AFB), Nebraska, pur- 11533. A letter from the Director, Office of State, transmitting certification of a pro- suant to 10 U.S.C. 2304 nt.; to the Committee Regulatory Management and Information, posed license for the export of major defense on National Security. Environmental Protection Agency, transmit- equipment or defense services sold under a 11525. A letter from the Director, Defense ting the Agency’s ‘‘Major’’ final rule—Haz- contract to Thailand [Transmittal No. DTC Procurement, Office of the Under Secretary ardous Waste Management System; Identi- 99–98], pursuant to 22 U.S.C. 2776(c); to the of Defense, transmitting the Office’s final fication and Listing of Hazardous Waste; Pe- Committee on International Relations. rule—Defense Federal Acquisition Regula- troleum Refining Process Wastes; Land Dis- 11544. A letter from the Assistant Sec- tion Supplement; Contracting by Negotia- posal Restrictions for Newly Identified retary for Legislative Affairs, Department of tion; Part 215 Rewrite [DFARS Case 97–D018] Wastes; And CERCLA Hazardous Substance State, transmitting certification of a pro- received October 5, 1998, pursuant to 5 U.S.C. Designation and Reportable Quantities posed license for the export of major defense 801(a)(1)(A); to the Committee on National [SWH-FRL–6122–7] (RIN: 2050–AD88) received equipment sold under a contract to Australia Security. October 2, 1998, pursuant to 5 U.S.C. [Transmittal No. DTC 140–98], pursuant to 22 11526. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Commerce. U.S.C. 2776(c); to the Committee on Inter- Department of Housing and Urban Develop- 11534. A letter from the Chairman, Federal national Relations. ment, transmitting the Department’s final Energy Regulatory Commission, transmit- 11545. A letter from the Assistant Sec- rule—Multifamily Housing Mortgage and ting the Commission’s final rule—Revision retary for Legislative Affairs, Department of Housing Assistance Restructuring Program of Fuel Cost Adjustment Clause Regulation State, transmitting notification that a re- (Mark-to-Market) and Renewal of Expiring Relating to Fuel Purchases From Company- ward has been paid pursuant to 22 U.S.C. Section 8 Project-Based Assistance Con- Owned or Controlled Source [Docket No. 2708(b); to the Committee on International tracts [Docket No. FR–4298–I–01] (RIN: 2502– RM93–24–000; Order No. 600] received Septem- Relations. AH09) received September 26, 1998, pursuant ber 29, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); 11546. A letter from the Chair, District of to 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Commerce. Columbia Financial Responsibility and Man- Banking and Financial Services. 11535. A letter from the Director, Defense agement Assistance Authority, transmitting 11527. A letter from the Assistant General Security Assistance Agency, transmitting a the Fiscal Year 1999 Performance Counsel for Regulations, Department of Edu- report authorizing the transfer of up to Accountablity Plan for the District of Co- cation, transmitting the Department’s final $100M in defense articles and services to the lumbia; to the Committee on Government rule—Federal Work-Study Programs (RIN: Government of Bosnia-Herzegovina, pursu- Reform and Oversight. 1840–AC56) received September 29, 1998, pur- ant to Public Law 104—107, section 540(c) (110 11547. A letter from the Assistant Sec- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Stat. 736); to the Committee on Inter- retary, Land and Minerals Management, De- tee on Education and the Workforce. national Relations. partment of the Interior, transmitting the 11528. A letter from the General Counsel, 11536. A letter from the Acting Director, Department’s final rule—Special Areas: Department of Transportation, transmitting Defense Security Assistance Agency, trans- State Irrigation Districts [WO–340–1220–00–24 the Department’s final rule— mitting notification concerning the Depart- 1A] (RIN: 1004–AC53) received October 1, 1998, Anthropomorphic Test Dummy; Occupant ment of the Air Force’s Proposed Letter(s) of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Crash Protection [Docket No. NHTSA–98– Offer and Acceptance (LOA) to Israel for de- mittee on Resources. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9721 11548. A letter from the Assistant Sec- 081898B] received October 1, 1998, pursuant to 11566. A letter from the General Counsel, retary, Land and Minerals Management, De- 5 U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting partment of the Interior, transmitting the Resources. the Department’s final rule—Airworthiness Department’s final rule—Grazing Adminis- 11556. A letter from the Policy, Manage- Directives; Boeing Model 747–100, -200, and tration; Alaska; Livestock [WO–130–1820–00– ment and Information Officer, National Oce- -300 Series Airplanes [Docket No. 97–NM–85– 241A] (RIN: 1004–AC70) received October 1, anic and Atmospheric Administration, trans- AD; Amendment 39–10804; AD 98–20–37] (RIN: 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Administration’s final rule—An- 2120–AA64) received October 5, 1998, pursuant Committee on Resources. nouncement of Graduate Research Fellow- to 5 U.S.C. 801(a)(1)(A); to the Committee on 11549. A letter from the Director, Office of ships in the National Estuarine Research Re- Transportation and Infrastructure. Surface Mining Reclamation and Enforce- serve System for Fiscal Year 1999 [Docket 11567. A letter from the General Counsel, ment, Department of the Interior, transmit- Number 980716179–8179–01] (RIN: 0648–ZA45) Department of Transportation, transmitting ting the Department’s final rule—Surface received September 26, 1998, pursuant to 5 the Department’s final rule—Airworthiness Coal Mining and Reclamation Operations On U.S.C. 801(a)(1)(A); to the Committee on Re- Directives; Aviat Aircraft, Inc. Models S–1S, Federal Lands; State-Federal Cooperative sources. S–1T, S–2, S–2A, S–2S, and S–2B Airplanes Agreements; Kentucky [KY–214–FOR] re- 11557. A letter from the Senior Attorney, [Docket No. 96–CE–23–AD; Amendment 39– ceived September 29, 1998, pursuant to 5 Federal Register Certifying Officer, Depart- 10805; AD 96–12–03 R2] (RIN: 2120–AA64) re- U.S.C. 801(a)(1)(A); to the Committee on Re- ment of the Treasury, transmitting the De- ceived October 5, 1998, pursuant to 5 U.S.C. sources. partment’s final rule—Management of Fed- 801(a)(1)(A); to the Committee on Transpor- 11550. A letter from the Director, Fish and eral Agency Disbursements (RIN: 1510–AA56) tation and Infrastructure. Wildlife Service, Department of the Interior, received September 26, 1998, pursuant to 5 11568. A letter from the General Counsel, transmitting the Department’s final rule— U.S.C. 801(a)(1)(A); to the Committee on the Department of Transportation, transmitting Endangered and Threatened Wildlife and Judiciary. the Department’s final rule—Airworthiness Plants; Determination of Endangered or 11558. A letter from the General Counsel, Directives; Mitsubishi Heavy Industries, Ltd. Threatened Status for Five Desert Milk- Department of Transportation, transmitting MU–2B Series Airplanes [Docket No. 98–CE– vetch Taxa from California (RIN: 1018–AB75) the Department’s final rule—Reports of 39–AD; Amendment 39–10807; AD 98–20–39] received October 1, 1998, pursuant to 5 U.S.C. Motor Carriers; Redesignation of Regula- (RIN: 2120–AA64) received October 5, 1998, 801(a)(1)(A); to the Committee on Resources. tions Pursuant to the ICC Termination Act pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 11551. A letter from the Deputy Assistant of 1995 (RIN: 2139–AA06) received October 5, mittee on Transportation and Infrastruc- Secretary, Land and Minerals Management, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the ture. Department of the Interior, transmitting the Committee on Transportation and Infra- 11569. A letter from the General Counsel, Department’s final rule—Oil and Gas Leas- structure. Department of Transportation, transmitting ing; Onshore Oil and Gas Geophysical Explo- 11559. A letter from the General Counsel, the Department’s final rule—Airworthiness ration; Onshore Oil and Gas Operations; On- Department of Transportation, transmitting Directives; Airbus Model A300 B2 and B4 Se- shore Oil and Gas Unit Agreements: the Department’s final rule—Modification of ries Airplanes [Docket No. 95–NM–109–AD; Unproven Areas; Geothermal Resources Class E Airspace; Colusa, CA [Airspace Dock- Amendment 39–10803; AD 98–20–36] (RIN: 2120– Leasing: General; Geothermal Resources Op- et No. 98–AWP–1] received October 5, 1998, AA64) received October 5, 1998, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- erations; Leasing of Solid Minerals Other U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- than Coal and Oil Shale; Phosphate; Sodium; Transportation and Infrastructure. ture. 11570. A letter from the General Counsel, Potassium; Sulphur; ‘‘Gilsonite’ (Including 11560. A letter from the General Counsel, Department of Transportation, transmitting All Vein-Type Solid Hydrocarbons); Special Department of Transportation, transmitting the Department’s final rule—Realignment of Leasing Areas; Solid Minerals (Other Than the Department’s final rule—Licensing and Federal Airways and Jet Routes; TX [Air- Coal) Exploration and Mining Operations; Training of Pilots, Flight Instructors, and space Docket No. 97–ASW–18] (RIN: 2120– Mineral Materials Disposal: General; Mining Ground Instructors Outside the United AA66) received October 5, 1998, pursuant to 5 Claims Under the General Mining Laws; Pub- States [Docket No. FAA–1998–4518; Amdt. No. U.S.C. 801(a)(1)(A); to the Committee on lic Availability of Mineral Resources Infor- 61–105, 67–18, 141–11 & 142–3] (RIN: 2120–AG66) Transportation and Infrastructure. mation [WO–890–1270–02–24 1A] to the Com- received October 5, 1998, pursuant to 5 U.S.C. 11571. A letter from the General Counsel, mittee on Resources. 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting 11552. A letter from the Acting Assistant tation and Infrastructure. the Department’s final rule—Amendment to Secretary for Fish and Wildlife and Parks, 11561. A letter from the General Counsel, Class E Airspace; Baltimore, MD [Airspace Department of the Interior, transmitting the Department of Transportation, transmitting Docket No. 98–AEA–17] received October 5, Department’s final rule—Endangered and the Department’s final rule—Amendment to 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Threatened Wildlife and Plants: Establish- Class E Airspace; Cambridge, NE; Correction Committee on Transportation and Infra- ment of a Nonessential Experimental Popu- [Airspace Docket No. 98–ACE–11] received structure. lation of Black-footed Ferrets in Northwest- October 5, 1998, pursuant to 5 U.S.C. 11572. A letter from the General Counsel, ern Colorado and Northeastern Utah (RIN: 801(a)(1)(A); to the Committee on Transpor- Department of Transportation, transmitting 1018–AD99) received October 1, 1998, pursuant tation and Infrastructure. the Department’s final rule—Establishment to 5 U.S.C. 801(a)(1)(A); to the Committee on 11562. A letter from the General Counsel, of Class E Airspace; Ellenville, NY [Airspace Resources. Department of Transportation, transmitting Docket No. 98–AEA–20] received October 5, 11553. A letter from the Director, Office of the Department’s final rule—Amendment to 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Sustainable Fisheries, National Marine Fish- Class E Airspace; Scottsbluff, NE [Airspace Committee on Transportation and Infra- eries Service, National Oceanic and Atmos- Docket No. 98–ACE–18] received October 5, structure. pheric Administration, transmitting the Ad- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 11573. A letter from the General Counsel, ministration’s final rule—Fisheries of the Committee on Transportation and Infra- Department of Transportation, transmitting Economic Exclusive Zone Off Alaska; structure. the Department’s final rule—Airworthiness Groundfish Fisheries by Vessels using Hook- 11563. A letter from the General Counsel, Directives; Saab Model SAAB 2000 Series and-Line Gear in the Gulf of Alaska [Docket Department of Transportation, transmitting Airplanes [Docket No. 98–NM–287–AD; No. 971208297–8054–02; I.D. 081498D] received the Department’s final rule—Amendment to Amendment 39–10816; AD 98–21–08] (RIN: 2120– October 1, 1998, pursuant to 5 U.S.C. Class E Airspace; Newton, IA [Airspace AA64) received October 5, 1998, pursuant to 5 801(a)(1)(A); to the Committee on Resources. Docket No. 98–ACE–24] received October 5, U.S.C. 801(a)(1)(A); to the Committee on 11554. A letter from the Director, National 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. Oceanic and Atmospheric Administration, Committee on Transportation and Infra- 11574. A letter from the General Counsel, transmitting the Administration’s final structure. Department of Transportation, transmitting rule—Endangered and Threatened Species; 11564. A letter from the General Counsel, the Department’s final rule—Airworthiness Threatened Status for the Oregon Coast Department of Transportation, transmitting Directives; Rolls-Royce, plc RB211 Trent 800 Evolutionarily Significant Unit of Coho the Department’s final rule—Amendment to Series Turbofan Engines; Correction [Docket Salmon [Docket No. 950407093–8201–04; I.D. Class E Airspace; Fort Drum, NY [Airspace No. 98–ANE–33–AD; Amendment 39–10762; AD 063098A] received September 29, 1998, pursu- Docket No. 98–AEA–15] received October 5, 98–19–21] (RIN: 2120–AA64) received October 5, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the on Resources. Committee on Transportation and Infra- Committee on Transportation and Infra- 11555. A letter from the Director, Office of structure. structure. Sustainable Fisheries, National Marine Fish- 11565. A letter from the General Counsel, 11575. A letter from the Chief, Regulations eries Service, National Oceanic and Atmos- Department of Transportation, transmitting Unit, Internal Revenue Service, transmitting pheric Administration, transmitting the Ad- the Department’s final rule—Amendment to the Service’s final rule—Internal Revenue ministration’s final rule—Fisheries of the Class E Airspace; Berkeley Springs, WV [Air- Service Announces New Procedures For Han- Caribbean, Gulf of Mexico, and South Atlan- space Docket No. 98–AEA–16] received Octo- dling Matters In Bankruptcy [Announcement tic; Coastal Migratory Pelagic Resources of ber 5, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); 98–89] received October 1, 1998, pursuant to 5 the Gulf of Mexico and South Atlantic; Clo- to the Committee on Transportation and In- U.S.C. 801(a)(1)(A); to the Committee on sure [Docket No. 970930235–8028–02; I.D. frastructure. Ways and Means. H9722 CONGRESSIONAL RECORD — HOUSE October 6, 1998 11576. A letter from the Assistant Commis- (Rept. 105–783). Referred to the Committee of ment Income Security Act of 1974, and the sioner, Internal Revenue Service, transmit- the Whole House on the State of the Union. Internal Revenue Code of 1986 to require a ting the Service’s final rule—Coordinated Mr. YOUNG of Alaska: Committee on Re- health insurance issuer to notify all partici- Issue Motor Vehicle Industry Excess Parts sources. H.R. 3088. A bill to amend the Alas- pants and beneficiaries if a group health plan Inventory—received October 1, 1998, pursuant ka Native Claims Settlement Act, regarding fails to pay premiums necessary to maintain to 5 U.S.C. 801(a)(1)(A); to the Committee on Huna Totem Corporation public interest land coverage, and provide a conversion option for Ways and Means. exchange, and for other purposes (Rept. 105– such participants and beneficiaries if the 11577. A letter from the Assistant Commis- 784). Referred to the Committee of the Whole plan is terminated; to the Committee on sioner, Internal Revenue Service, transmit- House on the State of the Union. Commerce, and in addition to the Commit- ting the Service’s final rule—Coordinated Mr. YOUNG of Alaska: Committee on Re- tees on Ways and Means, and Education and Issue Utilities Industry Capitalization of sources. H.R. 4389. A bill to provide for the the Workforce, for a period to be subse- Costs-Unclassified Labor Costs—received Oc- conveyance of various reclamation project quently determined by the Speaker, in each tober 1, 1998, pursuant to 5 U.S.C. facilities to local water authorities, and for case for consideration of such provisions as 801(a)(1)(A); to the Committee on Ways and other purposes; with an amendment (Rept. fall within the jurisdiction of the committee Means. 105–785). Referred to the Committee of the concerned. 11578. A letter from the Acting Chief, Regu- Whole House on the State of the Union. By Mr. LAZIO of New York (for him- lations Branch, U.S. Customs Service, trans- Mr. GOODLING: Committee on Conference. self, Mr. SOLOMON, and Mrs. LOWEY): mitting the Service’s final rule— Conference report on H.R. 3874. A bill to H.R. 4710. A bill to amend title XVIII of the Anticounterfeiting Consumer Protection amend the Child Nutrition Act of 1966 to Social Security Act to permit the replace- Act: Disposition of Merchandise Bearing make improvements to the special supple- ment of health insurance policies for certain Counterfeit American Trademarks; Civil mental nutrition program for women, in- disabled Medicare beneficiaries notwith- Penalties [T.D.98–75] (RIN: 1515–AC10) re- fants, and children and to extend the author- standing that the replacement policies may ceived September 26, 1998, pursuant to 5 ity of that program through fiscal year 2003 duplicate Medicare benefits; to the Commit- U.S.C. 801(a)(1)(A); to the Committee on (Rept. 105–786). Ordered to be printed. tee on Ways and Means, and in addition to Ways and Means. Mr. GOODLING: Committee on Conference. the Committee on Commerce, for a period to 11579. A letter from the Assistant Sec- Conference report on S. 2206. An act to be subsequently determined by the Speaker, retary for Legislative Affairs, Department of amend the Head Start Act, the Low-Income in each case for consideration of such provi- State, transmitting notification that the Home Energy Assistance Act of 1981, and the sions as fall within the jurisdiction of the President proposes to exercise his authority Community Services Block Grant Act to re- committee concerned. under section 614(a)(1) of the Foreign Assist- authorize and make improvements to those By Mr. TAUZIN: ance Act of 1961, as amended (the ’’Act’’), to Acts, to establish demonstration projects H.R. 4711. A bill to authorize the sale of ex- authorize the use of $15 million in appropria- that provide an opportunity for persons with cess Department of Defense aircraft for the tions to the Korean Peninsula Energy Devel- limited means to accumulate assets, and for purpose of dispersing oil spills; to the Com- opment Organization, pursuant to 22 U.S.C. other purposes (Rept. 105–788). Ordered to be mittee on Government Reform and Over- 2364(a)(1); jointly to the Committees on printed. sight, and in addition to the Committees on International Relations and Appropriations. f National Security, and Transportation and 11580. A letter from the Assistant Sec- Infrastructure, for a period to be subse- retary for Legislative Affairs, Department of PUBLIC BILLS AND RESOLUTIONS quently determined by the Speaker, in each State, transmitting notification of intent to case for consideration of such provisions as obligate funds for additional program pro- Under clause 5 of Rule X and clause 4 fall within the jurisdiction of the committee posals for purposes of Nonproliferation and of Rule XXII, public bills and resolu- concerned. tions were introduced and severally re- Disarmament Fund (NDF) activities, pursu- f ant to Public Law 105–118; jointly to the ferred, as follows: Committees on International Relations and By Mr. STUMP (for himself and Mr. ADDITIONAL SPONSORS Appropriations. EVANS) (both by request): Under clause 4 of rule XXII, sponsors 11581. A letter from the Acting Comptroller H.R. 4705. A bill to provide a temporary au- General, General Accounting Office, trans- thority for the use of voluntary separation were added to public bills and resolu- mitting a report on the financial statements incentives by the Department of Veterans tions as follows: of the Capitol Preservation Fund for the fis- Affairs to reduce employment levels, and for H.R. 107: Mrs. WILSON. cal years ended September 30, 1997 and 1996; other purposes; to the Committee on Veter- H.R. 350: Mr. GOODLATTE, Mr. WATT of jointly to the Committees on House Over- ans’ Affairs, and in addition to the Commit- North Carolina, Mrs. CLAYTON, Mr. HAMIL- sight and Government Reform and Over- tee on Government Reform and Oversight, TON, Mr. MENENDEZ, Ms. SANCHEZ, and Mr. sight. for a period to be subsequently determined KILDEE. 11582. A letter from the The Board, Rail- by the Speaker, in each case for consider- H.R. 457: Mr. COBURN. road Retirement Board, transmitting the ation of such provisions as fall within the ju- H.R. 619: Ms. MCCARTHY of Missouri. Board’s budget request for fiscal year 2000, risdiction of the committee concerned. H.R. 959: Mrs. CAPPS and Ms. KILPATRICK. pursuant to 45 U.S.C. 231f; jointly to the By Mrs. MORELLA: H.R. 1049: Ms. RIVERS. Committees on Appropriations, Transpor- H.R. 4706. A bill to ensure that the United H.R. 1206: Ms. RIVERS. tation and Infrastructure, and Ways and States is prepared to meet the Year 2000 H.R. 1375: Mr. HILL and Ms. MCCARTHY of Means. computer problem; to the Committee on Missouri. f Science, and in addition to the Committee H.R. 2560: Ms. DANNER, Mr. DOYLE, Mr. on Government Reform and Oversight, for a GORDON, Mr. HOLDEN, Mr. MOLLOHAN, Mr. REPORTS OF COMMITTEES ON period to be subsequently determined by the STUPAK, Mr. DINGELL, Mr. GONZALEZ, Mr. PUBLIC BILLS AND RESOLUTIONS Speaker, in each case for consideration of HALL of Ohio, Mr. KLECZKA, Mr. PETERSON of Under clause 2 of rule XIII, reports of such provisions as fall within the jurisdic- Minnesota, Mr. VISCLOSKY, Mr. WISE, Ms. committees were delivered to the Clerk tion of the committee concerned. PRYCE of Ohio, Mr. BALLENGER, Mr. DREIER, By Mr. GORDON: Mr. CRAPO, Mr. TALENT, Mr. KOLBE, Mr. for printing and reference to the proper H.R. 4707. A bill to prohibit Federal agen- EWING, Mr. BILBRAY, Mr. BRYANT, Mr. calendar, as follows: cies from planning the sale of the Southeast- STEARNS, Mr. GOODLATTE, Mr. WELDON of Mr. YOUNG of Alaska: Committee on Re- ern Power Administration; to the Committee Florida, Mr. ROGAN, Mrs. BONO, and Mr. sources. H.R. 1842. A bill to terminate fur- on Resources. DEAL of Georgia. ther development and implementation of the By Mr. SANDERS (for himself, Mr. H.R. 2847: Mr. FROST and Mr. SESSIONS. American Heritage Rivers Initiative (Rept. GREEN, Mr. KLECZKA, Mr. TURNER, H.R. 2948: Mr. PALLONE. 105–781). Referred to the Committee of the Mr. KENNEDY of Rhode Island, Mr. H.R. 3228: Mr. PETRI. Whole House on the State of the Union. ROMERO-BARCELO, Mr. ENGLISH of H.R. 3514: Mr. WISE and Mr. GREEN. Mr. YOUNG of Alaska: Committee on Re- Pennsylvania, Ms. NORTON, Mr. H.R. 3547: Ms. WOOLSEY. sources. H.R. 3087. A bill to require the Sec- UNDERWOOD, Mr. NEY, Mr. FORBES, H.R. 3572: Mr. JOHNSON of Wisconsin, Mr. retary of Agriculture to grant an easement and Mr. MANTON): BOB SCHAFFER, and Mr. DOYLE. to Chugach Alaska Corporation; with an H.R. 4708. A bill to amend title 38, United H.R. 3758: Mr. LUTHER. amendment (Rept. 105–782). Referred to the States Code, to increase the allowance for H.R. 3779: Mr. MARKEY. Committee of the Whole House on the State burial and funeral expenses of certain veter- H.R. 3879: Mr. CUNNINGHAM, Mr. WOLF, Mr. of the Union. ans; to the Committee on Veterans’ Affairs. PETERSON of Pennsylvania, and Mr. NEY. Mr. YOUNG of Alaska: Committee on Re- By Mrs. THURMAN (for herself, Mr. H.R. 3900: Ms. MCCARTHY of Missouri. sources. H.R. 2756. A bill to authorize an ex- STARK, Mr. KUCINICH, and Mr. DAVIS H.R. 3949: Mr. NUSSLE. change of property between the Kake Tribal of Florida): H.R. 3954: Mrs. EMERSON. Corporation and the Sealaska Corporation H.R. 4709. A bill to amend the Public H.R. 3991: Mr. BARRETT of Nebraska. and the United States; with an amendment Health Service Act, the Employee Retire- H.R. 4007: Mr. UNDERWOOD. October 6, 1998 CONGRESSIONAL RECORD — HOUSE H9723

H.R. 4092: Mr. REYES, Mr. BROWN of Ohio, H. Con. Res. 229: Mr. GREEN, Mr. HOUGHTON, 80. The SPEAKER presented a petition of and Mr. ACKERMAN. Mr. JENKINS, Mr. MCKEON, Mr. SCARBOROUGH, Mr. Gregory D. Watson of Austin, Texas, rel- H.R. 4181: Mr. ANDREWS. and Mr. TURNER. ative to a petition to the United States Con- H.R. 4281: Mr. SUNUNU. H. Con. Res. 274: Ms. DUNN of Washington, gress requesting that the House of Rep- H.R. 4362: Mr. GEJDENSON and Mr. KENNEDY Mr. UNDERWOOD, and Ms. BROWN of Florida. resentatives not lend its support to any leg- of Rhode Island. H. Con. Res. 307: Mr. OWENS. islation that would result in the complete H.R. 4415: Mr. YOUNG of Florida. H. Con. Res. 328: Mr. KILDEE, Mr. discontinuation by the Federal Government H.R. 4461: Mr. NORWOOD. HOSTETTLER, Mr. MALONEY of Connecticut, of the printing of paper One Dollar United H.R. 4478: Mr. VENTO. and Mr. CUMMINGS. States currency in favor of a One Dollar H.R. 4479: Mr. VENTO. H. Res. 565: Mr. HILLIARD, Mr. CASTLE, Ms. Coin; to the Committee on Banking and Fi- H.R. 4498: Mr. UNDERWOOD, Mr. LIPINSKI, BROWN of Florida, and Mr. COYNE. nancial Services. Mr. HINCHEY, Mr. WAXMAN, FILNER, Mr. MAR- f f TINEZ, and Ms. SLAUGHTER. DELETIONS OF SPONSORS FROM H.R. 4567: Ms. DELAURO. PUBLIC BILLS AND RESOLUTIONS H.R. 4590: Ms. HOOLEY of Oregon and Mr. AMENDMENTS DAVIS of Florida. Under clause 4 of rule XXII, sponsors Under clause 6 of rule XXIII, pro- H.R. 4594: Mr. CHRISTENSEN, Mr. KOLBE, and were deleted from public bills and reso- posed amendments were submitted as Mr. HILL. lutions as follows: follows: H.R. 4621: Mr. HILLIARD. H.R. 836: Mr. BARRETT of Wisconsin. H.R. 4274 H.R. 4623: Mr. PAXON and Mr. LAZIO of New H. Res. 483: Mr. HASTINGS of Washington. York. OFFERED BY: MR. TORRES f H.R. 4628: Mr. HILLIARD. AMENDMENT NO. 33: Page 61, line 11, after H.R. 4653: Ms. DELAURO, Mr. BALDACCI, and PETITIONS, ETC. the dollar amount, insert the following: ‘‘(in- Mr. MALONEY of Connecticut. creased by $12,000,000)’’. H.R. 4683: Mr. SHIMKUS. Under clause 1 of rule XXII, petitions Page 62, line 20, after the dollar amount, H.R. 4692: Mr. STARK. and papers were laid on the clerk’s insert the following: ‘‘(decreased by H. Con. Res. 52: Mr. BRYANT. desk and referred as follows: $12,000,000)’’. 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, OCTOBER 6, 1998 No. 138 Senate (Legislative day of Friday, October 2, 1998)

The Senate met at 9:30 a.m., on the THE SENATE’S GUEST CHAPLAIN vote, the Senate will resume consider- expiration of the recess, and was called Mr. HAGEL. Mr. President, I want to ation of S. 442, the Internet tax bill. to order by the President pro tempore very briefly reflect for a moment on Amendments are expected to be offered (Mr. THURMOND). the prayer just offered by the Rev. and debated in relation to Internet tax The PRESIDENT pro tempore. To- Robert Kem of Saint Andrew’s Epis- and, therefore, Members should expect day’s prayer will be offered by our copal Church in Omaha. It happens, rollcall votes into the evening during guest Chaplain, Rev. Robert Kem, Mr. President, that is the church where today’s session. Saint Andrew’s Episcopal Church, my family and I often are seen—more Members are reminded that at 10 Omaha, NE. He is a guest of Senator over the few years previous to the last a.m. on Wednesday the Senate will CHUCK HAGEL. Pleased to have you with 2 years, because of our recent change vote on adoption of the motion to pro- us. to our residency here in Washington. ceed to H.R. 10, the financial services reform bill, to be followed by a cloture PRAYER Father Kem’s guidance, and what that has meant to us as he continues to vote on the Internet tax bill. By unani- The guest Chaplain, Rev. Robert give spiritual guidance to so many, has mous consent, Senators have until the Kem, Saint Andrew’s Episcopal been unique. He is known far outside cloture vote occurs to file second-de- Church, Omaha, NE, offered the follow- the boundaries of just the Midwest. I gree amendments to the Internet bill. ing prayer: I thank my colleagues for their at- Let us pray: think that is quite evident by the ele- gance of his prayer and his eloquent tention. O Lord our Governor, whose glory is f in all the world: We commend this Na- statement, reflecting on who we are as tion to Your merciful care, that being a Nation: All creatures, children of MORNING BUSINESS guided by Your providence, we may God. For Father Kem coming before The PRESIDING OFFICER (Mr. recognize You as our sovereign God and this body today to offer guidance and HAGEL). Under the previous order, dwell in Your purpose and peace. prayer and hope, I am grateful. We are there will now be a period for morning Grant to the President of the United all better for Father Kem. To all the business not to extend beyond the hour States and especially the Members of parishioners, those a part of the Saint of 10 a.m. with Senators permitted to the United States Senate and the Andrew’s Episcopal family in Omaha, speak therein for not to exceed 5 min- House of Representatives and to all in we know you are proud, as are we in utes, provided the Senator from Ohio, authority the wisdom and strength to the U.S. Senate. Mr. DEWINE, shall be entitled to speak know You and to do Your will. I yield the floor. for 10 minutes. Fill them with the love of truth and The PRESIDENT pro tempore. The The Senator from Ohio. righteousness. Make them ever mindful distinguished Senator from Ohio is rec- Mr. DEWINE. Mr. President, I ask of their utmost calling to serve You as ognized. unanimous consent to proceed for the the chosen representatives of the peo- f next 15 minutes in morning business. ple of this land. And in all that they SCHEDULE The PRESIDING OFFICER. Without do, may they serve You faithfully in objection, it is so ordered. this generation to the honor of Your Mr. DEWINE. Mr. President, I have f holy name. Amen. several announcements on behalf of the VIOLENCE IN KOSOVO f majority leader. This morning there will be a period Mr. DEWINE. Mr. President, in a 1985 RECOGNITION OF THE ACTING of morning business until 10 a.m. Fol- speech attended by President Ronald MAJORITY LEADER lowing morning business, the Senate Reagan, the acclaimed writer and lec- The PRESIDENT pro tempore. The may consider any cleared executive turer Elie Wiesel, a witness and sur- able acting majority leader is recog- nominations or legislation regarding vivor of the Holocaust, recounted the nized. judicial antinepotism. At 11:30 a.m., lessons he learned over the years since Mr. DEWINE. I yield at this point to under a previous order, the Senate will this dark chapter in our history. He my colleague from Nebraska. resume consideration of the agricul- said: Mr. HAGEL. Mr. President, I thank tural appropriations conference report, I learned that in extreme situations when my friend and distinguished colleague with a vote occurring on adoption of human lives and dignity are at stake, neu- from Ohio, Senator DEWINE. that report at 3:15 p.m. Following that trality is a sin. It helps the killers, not the

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

S11529

. S11530 CONGRESSIONAL RECORD — SENATE October 6, 1998 victims. I learned the meaning of solitude, President and legislature, Kosovars es- Europe and the United States would Mr. President. We were alone, desperately tablished their own education and med- not respond, or indeed would not even alone. ical systems. know how to respond. Mr. President, years from now, we Although there were scattered re- There is little to ponder about what may hear similar words from some of ports of human rights violations must occur. the survivors of the recent atrocities against Albanian Kosovars during this The threat or actual use of military committed in the former Yugoslavia. period, they were not connected with action by NATO, such as air strikes, is This past week, Americans and people the reports of an extensive ethnic needed if some form of Serbian with- from all over the world have been wit- cleansing campaign underway in Bos- drawal or cease fire in the Kosovo prov- ness to some horrific images coming nia. Many factors were involved, but ince is going to occur. from the tiny province of Kosovo in the perhaps most important was the threat I believe we cannot escape the fact Republic of Serbia. These images, of of a larger regional war that could be that, in the short term, some form of murdered ethnic Albanian civilians, sparked if the carnage in Bosnia spread NATO or United Nations presence on from the very young to the very old, to Kosovo. Besides the United States, the ground will be needed to police any are the latest in a series of systematic the countries of Albania, Macedonia, cease fire or withdrawal, or to ensure attacks over the last 7 months by Ser- Turkey, and Greece at one time or an- the transport of needed food, medical bian military and security forces other warned that violence in Kosovo and other supplies to the refugees. In against Albanian Kosovars—both rebel could force any one of these countries, addition, war crime investigators will insurgents and unarmed civilians. if not all of them, to intervene. Cer- need to be able to determine the actual The victims of this latest massacre tainly, with his resources engaged in atrocities committed and who is re- included old men, women, and children. the conflict in Bosnia, Serbian Presi- sponsible. The death toll since last February is dent Milosevic could not risk taking It is uncertain if ground forces will estimated to be as low as 500 and as action in Kosovo. be called for by NATO. In fact, we many as 1,000 although, frankly, no one Now, with instability in Albania and know very little of what NATO plans knows how many victims there have Macedonia, and the growth of the pro- to do beyond air strikes. That is of con- been. Homes have been firebombed. En- independence faction of Kosovars cern to me because a number of uncer- tire villages have been bulldozed to the known as the Kosovo Liberation Army, tainties remain—uncertainties that if ground. Hundreds of thousands of Alba- or KLA, President Milosevic has en- left unresolved will not deal with the nian Kosovars literally have run for gaged his security and military forces root cause of the conflict between the their lives and are seeking refuge in in Kosova under the guise of putting Serbs and Albanian Kosovars. The ad- the forests and mountains of Kosovo, down the KLA. ministration needs to articulate a clear or in the neighboring states of Albania, Mr. President, from the evidence that strategy or plan to address the current Montenegro, Macedonia, and Bosnia. we have, Mr. Milosevic has gone be- humanitarian crisis, and the even larg- Mr. President, what perhaps makes yond a simple police action. This has er questions about the political future last weekend’s attack more difficult to been a seven month campaign of in- of the Kosovars over the long term. bear is that it causes us to pause and timidation and conquest. For example, what fate lies ahead for wonder if these lives could have been Our government, as well as European the estimated 300,000 Kosovars who saved if NATO had stepped in sooner. I governments, vowed not to allow in were uprooted from their homes and think we all know the answer to that. Kosovo a repeat of the vicious war villages and forced to seek refuge as far Congress has struggled with the issue crimes we found in Bosnia. Yet, some away as Albania, Macedonia, or Bos- of brutal violence in the Balkans for who have recently visited the region, nia? And of those refugees, what lies the better part of this decade. The im- believe these crimes have already hap- ahead for the 50,000 or more who are in ages broadcast this week are a somber pened. The extent of these crimes can- hiding in the hills within the prov- reminder of very similar pictures that not be confirmed. Relief workers and ince—without shelter, food, or medi- came from places not far from humanitarian organizations are being cine—with winter just around the cor- Kosovo—places like Mostar or Tuzla in barred from reaching victims and refu- ner? Bosnia. I can recall, as I am sure can gees. Clearly, our first and foremost goal is many of my colleagues, during our Should this be a surprise to any of to achieve a cease-fire. I am hopeful many discussions on Bosnia in 1995, us? Certainly not. Slobodan Milosevic NATO air strikes can ensure a cease- several of our colleagues, including our is a cold, calculating tyrant. He is a fire. Second, we must ensure humani- former Majority Leader, Bob Dole, war criminal. He was not moved by dip- tarian organizations can safely reach warning us that tensions in Kosovo lomatic threats in Bosnia—what drove out to these refugee populations with- could lead to the level of outright vio- him to the Dayton peace talks was the out fear of obstruction or even destruc- lence and ethnic cruelty that crippled military success of the Bosniak-Croat tion by hostile Serbian forces. Bosnia. alliance in reclaiming land once held And once they get cared for, when I am certain that this is one instance by the Serbs. can the displaced Kosovars return in which Senator Dole today wishes he Kosovo is no different. Milosevic and home? And what kind of home do they had been wrong. his subordinates often have pledged to expect to see when they return? It is It has long been thought that Kosovo end the carnage in Kosova. Yet, no estimated that approximately 200 vil- was an area where America’s national pledge has been followed by a clear ces- lages in the province have been com- resolve was clear. In 1992, President sation of hostilities. Mr. Milosevic has pletely destroyed or heavily damaged. George Bush warned President demonstrated that he will not with- When can they expect to see some res- Milosevic that violent acts against Al- draw his forces until he feels he has toration of the kind of livelihood that banian Kosovars would lead to military achieved the most from the use of vio- affords them the chance to live in intervention. lence. And he will not engage in peace peace? President Bush’s warning was talks unless he believes that no other These are the harder questions, but prompted by President Milosevic’s sin- course of action will preserve his posi- right now, it seems that NATO has yet gle-handed efforts to strip Kosovo of its tion or advance his goals. to consider how they are to be an- autonomy in 1989, and abolish Kosovo’s So it should not be a surprise to any swered. These issues must be addressed parliament and government 1 year of us that now, as NATO prepares for a and answered if this conflict is going to later. military response, the Serbian govern- be contained over the long term. At that time, the Albanian Kosovars, ment has declared victory and now is I’m sure we all agree that these which represent 90 percent of the total making plans to reduce its military issues must be addressed and answered population of Kosovo, chose to exercise and police presence in the region. not at either end of a rifle, but at a a form of nonviolent protest against We have been witness to a brutal conference table. Yet, how can NATO the Serbian government. A shadow military and police action against un- get both sides—the Kosovars and the government, parliament, and society armed civilians that was done with the Serbs—to the conference table? That emerged. Besides electing their own expectation, if not certainty, that both remains unclear. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11531 And should some kind of long-term One can only imagine the anxiety of considered.’’ This legislation will re- agreement be reached, how will that be seniors reading of the announcement in quire they consider those other options enforced? What role, if any, can we ex- their newspapers or hearing on tele- first—before creating anxiety among pect NATO to play to ensure long-term vision that their HMO would not be our seniors. peace in Kosovo? That too remains un- there for them on January 1 and having Secondly, the legislation will stipu- clear. no one to turn to, no one to ask ques- late that if a company maintains there What is clear is that the actions we tions of, with offices closed for the are no other options but ending cov- take in the next few weeks have impli- weekend. Even the Health Care Financ- erage, they must demonstrate that. In cations for long-term peace not just in ing Administration, which regulates addition, the HMO would then be re- the province but throughout the Bal- these HMOs, had not yet received the sponsible for notifying consumers of kans. That’s why it’s in NATO’s inter- news. what alternative coverage is available. est to act, and act with resolve. Unfor- Only three weeks earlier, two other The legislation also requires that tunately, the only resolve we see is to HMOs in Connecticut notified their HMOs commit to serving seniors for strike at the Serbs by air, but nothing customers that they would be backing more than just a year. Right now, more beyond that. out of New London, Windham, and HMOs are only required to contract on NATO needs to begin to look at these Tolland Counties, jeopardizing afford- an annual basis. We would require larger questions and soon if our resolve able Medicare coverage for about 6,000 them to make a 3-year commitment. It for peace will achieve results and be seniors. is important to keep in mind that we real over the long-term. It’s in our in- The precipitous withdrawal of man- are talking about companies that have terests to do so. We still risk the aged care organizations from Medicare made the careful determination that it threat of a larger conflict in the re- is a growing problem. Unless action is is in their financial interest to enter gion, involving Albania, Macedonia, taken, on January 1, 1999 thousands of the Medicare market. These are com- Turkey, and Greece. We also put in seniors will find themselves at forced panies that have extensively recruited jeopardy the progress we have made to leave established relationships with seniors and convinced them to leave thus far to maintain peace in Bosnia. their doctors and without affordable long-standing relationships with their Mr. President, we cannot and should health care coverage. health care providers to join their HMO not dictate the terms of any agreement I am fearful that with Congress ad- and then, with very precipitous an- between the Serbs and Kosovars, but journing later this week or early next nouncements, as we have seen in the NATO can insist—through force if nec- week, and being out of session for the last several weeks, they have left those essary—that peace be achieved through bulk of October, November, December, communities. cooperation, not conquest. it may not be until January that we Mr. President, this is a serious, seri- This, Mr. President, ought to be the will again have the opportunity to do ous problem that is going to get worse, U.S. policy. I thank the chair and yield something about this. in my view, if we don’t take some the floor. I am going to be calling on the lead- Mr. DODD addressed the Chair. steps. We passed similar legislation a The PRESIDING OFFICER. The Sen- ership today to enact an emergency number of years ago dealing with plant ator from Connecticut is recognized for piece of legislation, which I will be in- closings. We finally decided that hav- up to 5 minutes. troducing today, to put a moratorium ing a company announce precipitously Mr. DODD. Mr. President, first of all on HMOs leaving the Medicare market it is leaving, disrupting communities, let me commend our colleague from while we are not in session. This legis- disrupting the lives of their employees, Ohio. At some point today or tomorrow lation will give us some time to see if is unwise and that we ought to adopt I also want to address this issue of we can’t sort out this mess and prevent legislation that requires at least some Kosovo. thousands more seniors from finding advance notice so that communities I will tell you that the expressions themselves without HMO coverage on and people can try to rearrange their given by our colleague from Ohio are January 1, 1999, a matter of weeks. lives. certainly appreciated by all. I think for My hope is that the leadership will I am suggesting parallel legislation most of our colleagues it is our sincere find some time to consider this and to deal with Medicare HMOs. Here it is hope that we will not once again play adopt it before we leave, hopefully on a so important, particularly for our older this game with Mr. Milosevic as he has bipartisan basis, to stop this serious Americans or disabled Americans, played it so effectively over the last problem we are seeing in my State and many of them living alone, who don’t few years with Bosnia, and now 17 other States around the country. have the financial resources to hire Kosovo, where the threat of retaliation Mr. President, last Friday I also in- lawyers and read through all of the mo- causes some warm statements to be troduced legislation that deals with rass of paperwork when it comes to made, and once again we back off, and the broader issues underlying the re- finding a new HMO, that they be given once again more people suffer terribly cent withdrawals of Medicare HMOs adequate notice and provided with as a result of it. from certain communities. Because it clear information about their options. f takes a comprehensive approach, I do We are hopeful we can build some not expect that this bill would be support for the idea of considering all MEDICARE HMO BENEFICIARY adopted before we leave. However, I options, having more advanced notice, EMERGENCY RELIEF ACT OF 1998 would hope that for now we can at and extending the contract term. If Mr. DODD. Mr. President, last week, least agree on a narrowly defined mor- you are going to go out and try to en- close to 400,000 older Americans and in- atorium which would at least give us tice people to sign up, it seems to me dividuals with disabilities, represent- time to find solutions to the larger you have an obligation to stick with ing some 300 counties and 18 States problem. them for a while. Certainly just to across this Nation, were notified by Mr. President, I would like to briefly make a decision that you are going to their Medicare health maintenance or- outline for my colleagues the provi- pull out of the area, with minimal no- ganizations that as of January 1, 1999, sions of the legislation I introduced tice, I think is wrong. their insurers would be terminating last week. Specifically, the legislation f their health coverage. would not allow a flat termination of In my State of Connecticut, we were coverage if there are other less drastic TRIBUTE TO FRED KRAL notified on Friday around 6 o’clock options available. In the case of the Mr. DODD. Mr. President, I want to that 6,000 seniors would see their HMO, withdrawals of two HMOs in eastern take a minute to talk about an individ- Oxford Health Plan, leave their com- Connecticut, after causing considerable ual in my State whom I only met for munities. When added to earlier with- distress to seniors with an announce- about 10 minutes, but who had a pro- drawals from the market by other ment that they were leaving, the com- found impact on my view of this situa- HMOs in Connecticut, this announce- panies re-evaluated their positions in tion. He is a man by the name of Fred ment means that more than 12,000 Con- the face of strong pressure from the Kral. He is a person who led, in many necticut Medicare beneficiaries will community, and said ‘‘Well, maybe ways, I suppose, an ordinary life, but I lose their present HMO providers. there are some other options we hadn’t think became sort of an extraordinary S11532 CONGRESSIONAL RECORD — SENATE October 6, 1998 figure. He recently died at the age of arrest. After efforts to revive him at care HMOs. Four hundred thousand 72. the scene, he was rushed back to his people in the last 2 or 3 weeks who Mr. Kral lived in Niantic, CT, for the hospital in Norwich and died shortly have been dumped by their HMOs de- last 48 years. He served in World War before noon on that day. serve better than just silence on this II. After the war, he attended the This is a tragic incident and an un- issue. Rhode Island School of Design. He later fortunate way for this honorable man I know the hours are waning. I know went to the University of Connecticut. to die. But it is no accident that Fred there is other business to do. But I can- He earned a degree in agricultural en- Kral was at that meeting delivering his not think of anything that could be gineering. speech from the front row of that audi- more important than helping thou- He worked at Electric Boat Com- ence that day. As I said earlier, he was sands and thousands of older Ameri- pany, a builder of submarines, for 38 a passionate man about everything he cans who, while we are out of session, years and retired in 1989 as manager of did. He was particularly passionate may find themselves losing affordable materials for the Kessel Ring site in about this issue. His daughter told me health care coverage because their Ballston Spa, NY. that he was up at 2:30 in the morning HMO has decided some communities He was a member of the Masons. He the day of the meeting preparing ques- aren t quite as profitable as they was also a member of the East Lyme tions. thought they d be. Water and Sewer Commission. An avid Of the hundreds of people attending We must act in the next few days. To golfer and a track letterman back in the forum, Fred Kral had approached be out of session for October and No- college, he was a founding and life me before the event and struck up a vember and December and January member of the Niantic Sportsman’s conversation. He told me he came to while we know there are thousands of Club where he served in various offices. that forum to have his opinions heard. people who are worried about whether Most important, Mr. Kral was a lov- I told him I would recognize him when or not they are going to have HMO cov- ing husband and parent, survived by the forum began. erage, I think is terribly, terribly his wife, his son Frederick, his three I want my colleagues to know about wrong. daughters Joyce, Freda, and Heidi, his Fred Kral. I want them to know that In closing, Mr. President, Fred Kral’s sister Betty Lavelle, and his 11 grand- this debate is not about nameless, face- death is certainly a tragedy. It is a children. less beneficiaries. It is about individ- tragedy for his family and for the peo- Fred Kral was a fine man. A lot of uals like Fred Kral. He was not a mem- ple who knew him and loved him, but it people would say Fred Kral was an av- ber of some consumer advocacy group, did not come in vain. In southeastern erage guy, an average American. In he was just a normal citizen who cared Connecticut, the insurance companies many respects he was, but this average very deeply about health care and are reconsidering their decision. They man also was a very passionate man, a HMOs because no other issue had a announced the Monday following the man who always fought for what he be- more direct impact on his life and his forum that they will try to come up lieved. with some solutions. I hope they do. I Earlier this month, Fred Kral and an family. There are a lot of people out in this am not confident they are going to be estimated 6,000 other seniors in eastern country who feel the same way about terribly comprehensive, but obviously Connecticut were notified through the they were mortified, as they should mail that two Medicare HMOs were dis- this issue as Fred Kral did. Just look at my own State. In a small commu- have been, about what occurred. continuing service in their commu- So my hope is, Mr. President, that we nities, effectively canceling these sen- nity in this small State, there were 400 people who cared enough about this might be able to at least pass an emer- iors’ health care plans as of January 1, gency piece of legislation that would issue to spend their Saturday morning 1999. place for the next 6 months a morato- at a health care forum. I guarantee Three Saturdays ago, Mr. President, rium on HMOs leaving these areas to each and every one of my colleagues I organized a forum at the Rose City give us time to work with the Health that there are persons in their home Senior Center in Norwich where more Care Financing Administration to try States who have similar worries about than 400 people gathered to discussed and renegotiate some of the contracts their health care, and they want Con- these insurance companies’ actions and and prevent these companies from just gress to do something about it. what steps might be taken to preserve packing up and leaving. So in the Before any of my colleagues say that their health care. midst of dealing with all these other the health care system in this country At that meeting, Fred Kral spoke lofty bills we have before us, a simple doesn’t need changing, I urge them, eloquently—eloquently—not only on moratorium. I wish that we would get again, to think about Fred Kral of behalf of himself and his wife who, 2 into a full-blown debate of HMOs, but I Niantic, CT. Here is a man who lived weeks earlier, had a stroke, but on be- do fear it is not going to happen. I nearly half a century in the same small half of all the seniors in eastern Con- hoped we would be able to adopt a Pa- town. He served our Nation in World necticut who were worried about their tient Protection Act this Congress to War II. He spent 38 years working to health care and what was going to hap- allow patients and doctors to decide pen to them when these HMOs left. strengthen our national infrastructure, what medical procedures are necessary Fred Kral expressed anger and dis- our defense infrastructure. He sup- and to allow patients to choose their appointment with his HMO’s decision. ported and raised a family, and in his doctors. But for now, I am asking that He specifically voiced his concern for retirement he enjoyed a good round of we consider a simple moratorium on his wife, who recently suffered a golf every now and then—in many ways Medicare HMOs leaving the market to stroke, and his fears he might be re- he was your average, solid citizen that give us all time to consider more com- jected when he tried to join another we so often talk about. But despite prehensive solutions. This is the very plan. He wondered how he could be playing by the rules his whole life, he least, I think, we can do. dropped from the same health care plan got a letter in the mail from his HMO So, Mr. President, later today I will that he and his wife were enticed to telling him that they no longer wished introduce the moratorium bill and join only 2 years ago. to take care of him, just weeks after make it retroactive to protect the sen- He also said he would be willing to his wife had suffered a stroke. iors who have been so adversely af- pay higher premiums to keep his I say to you, my colleagues here, any fected. I urge our colleagues and the health care if that was the only choice. health care system that allows some- leadership to consider this bill and to But at the time he wasn’t given that thing like this to happen to someone adopt it before this 105th Congress ad- option. He and thousands of others such as Fred Kral, and 12,000 other Con- journs sine die. were simply told they were being necticut citizens, is in need of serious Mr. President, I see no other col- dropped by the same plan that had ac- examination and review. Therefore, Mr. league here on the floor, so I suggest tively recruited them just 2 years ear- President, in the small amount of time the absence of a quorum. lier. He summed up the debate best we have left in this legislative session, The PRESIDING OFFICER (Mr. ROB- when he said, ‘‘It’s a moral issue.’’ I would hope that we in this Congress ERTS). The clerk will call the roll. As he returned to his seat from would do what is right and have a full The legislative clerk proceeded to speaking, Fred Kral suffered cardiac and open debate on the issues of Medi- call the roll. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11533 Mr. DODD. Mr. President, I ask unan- Government and the role each of us The PRESIDING OFFICER. The imous consent that the order for the must fill. Competition is keen among clerk will call the roll. quorum call be rescinded. all who serve the American people at The legislative clerk proceeded to The PRESIDING OFFICER. Without each level of government. Can we for- call the roll. objection, it is so ordered. get that we are not a true democracy Mr. JEFFORDS. Mr. President, I ask f and remember that we are a Republic? unanimous consent that the order for Each State of this great Union plays the quorum call be rescinded. EXTENSION OF MORNING their important role in the day-to-day The PRESIDING OFFICER. Without BUSINESS business of public service. objection, it is so ordered. Mr. DODD. Mr. President, I ask unan- The agenda for this week is appro- f imous consent that morning business priations, funding the important part be extended until 11:30 a.m., with Sen- of our Government, which could in- READING EXCELLENCE ACT ators permitted to speak for up to 5 clude national security, our relations Mr. JEFFORDS. Mr. President, I ask minutes each. That is on behalf of the with the world community, and the unanimous consent that the Senate majority leader. economic well-being of our citizens. In proceed to the immediate consider- The PRESIDING OFFICER. Is there other words, ensuring each and every ation of Calendar No. 404, H.R. 2614. objection? American is not denied the American The PRESIDING OFFICER. The Without objection, it is so ordered. dream. clerk will report the bill. Mr. DODD. I suggest the absence of a As we close the Senate and the 105th The legislative clerk read as follows: quorum. Congress, it may be asking something A bill (H.R. 2614) to improve the reading The PRESIDING OFFICER. The out of the ordinary, but it is not impos- and literacy skills of children and families clerk will call the roll. sible that we lay aside the issues that by improving in-service instructional prac- The legislative clerk proceeded to cloud and delay and wait for another tices for teachers who teach reading, to day. This Nation has survived for the stimulate the development of more high- call the roll. quality family literacy programs, to support Mr. BURNS. Mr. President, I ask past 200 years and will survive another 200 years. Yesterday, we heard an- extended learning-time opportunities for unanimous consent that the order for children, to ensure that children can read the quorum call be rescinded. nouncements coming from both sides of well and independently not later than third The PRESIDING OFFICER. Without the aisle and many other sources that grade, and for other purposes. the other side would risk shutting objection, it is so ordered. The PRESIDING OFFICER. Is there down the Government should we not f objection to the immediate consider- fulfill the agenda of appropriations. If ation of the bill? SENATE AGENDA the Government is shut down because There being no objection, the Senate of a lack of funding, it will be the fault Mr. BURNS. Mr. President, as we proceeded to consider the bill, which of the other person or party. That was move into the final week of the 105th had been reported from the Committee the message this weekend and all day Congress, I am reminded by everything on Labor and Human Resources, with yesterday. that is going on around us of the im- an amendment to strike all after the It is time that we reassess what has portance of our work here. Most Sen- enacting clause and inserting in lieu happened to get us where we are. We ators would agree that this will be a thereof the following: closing unlike what the majority of have been using delaying tactics either to block or slow progress of the appro- TITLE I—PROFESSIONAL DEVELOPMENT Senators have ever seen. It will test IN READING AND LITERACY each and every one of us and will re- priations process—nothing but delay- ing tactics, pure and simple. Now that SEC. 101. PROFESSIONAL DEVELOPMENT IN mind Members just why we are here. READING AND LITERACY. we are at this point, someone must be It will test our patience and stamina (a) IN GENERAL.—Title II of the Elementary regarding each and every piece of legis- to blame. Do we blame somebody else, and Secondary Education Act of 1965 (20 U.S.C. lation that we have toiled on through- or do we blame ourselves? Is there a 6601 et seq.) is amended— out the 105th Congress in the last 2 mindset that the responsibility or the (1) by redesignating parts C and D as parts D and E, respectively; and years. We have worked on legislation lack of responsibility does not fall on each and every one of us, whether we (2) by inserting after part B the following: that has been in the pipeline, and now serve in the legislative arm of this ‘‘PART C—PROFESSIONAL DEVELOPMENT we are coming down to the small end of Government or the administrative IN READING AND LITERACY the funnel. Just as air, when com- arm? Are we really saying we don’t ‘‘SEC. 2251. PROGRAM AUTHORIZED. pressed, picks up velocity, legislation have the courage to accept the respon- ‘‘The Secretary is authorized to award grants picks up movement in the last week of sibility and suffer the consequences of to State educational agencies for the improve- a session. our own actions? How can we ask our ment of teaching and learning through sus- The agenda of this Congress has been tained and intensive high quality professional younger Americans to develop a sense and should be simple. I gather it has development activities in reading and literacy at of responsibility if we do not do it? Are been a simple one. We responded to the State and local levels. we a nation of laws or a nation of self- emergencies all across the land and, ‘‘SEC. 2252. ALLOTMENT OF FUNDS. satisfaction and the impulses or emo- ‘‘(a) RESERVATIONS.—From the amount avail- yes, beyond the shores of our great tions of the day? land. We responded to the needs of peo- able to carry out this part for any fiscal year, What we do here matters. It matters the Secretary shall reserve— ple within our borders, attended to the more than any one of us can imagine. ‘‘(1) 1⁄2 of 1 percent for the outlying areas, to needs that were a part of cir- Now is not the time for posturing. It is be distributed among the outlying areas on the cumstances beyond anybody’s choosing time to let the statesmanship that basis of their relative need for assistance under or control. Basically, that is what we lives in each and every one of us come this part, as determined by the Secretary; and 1 do best. out and complete the Nation’s busi- ‘‘(2) ⁄2 of 1 percent for the Secretary of the In- terior for programs under this part for profes- There is a quality of statesmanship ness. I think the folks who sent us here that is a part of each and every one of sional development activities for teachers, other will appreciate that, the Nation would staff, and administrators in schools operated or us who serve here. It will be tested as be better off for it, and so will you as funded by the Bureau of Indian Affairs. reality sets in. Some highly important an individual. Then you will have ‘‘(b) STATE ALLOTMENTS.—The Secretary shall issues to us all will need to be laid earned and deserve the title of U.S. allot the amount available to carry out this part aside for another day. Believe me, Senator, serving the people of the and not reserved under subsection (a) for a fis- there will be another day. There will be greatest nation ever established on this cal year to each of the 50 States, the District of another battleground. planet. Columbia, and the Commonwealth of Puerto The decisions that are now before the Rico as follows, except that no State shall re- Mr. President, that is just a re- 1 Senate, should government be placed ceive less than ⁄2 of 1 percent of such amount: minder, as we move into the closing ‘‘(1) 50 percent shall be allotted among such above all else in the average lives of all days, of some problems that we have to jurisdictions on the basis of their relative popu- Americans? My answer is, hardly. I deal with before we all go home. lations of individuals aged 5 through 17, as de- think it is during these times that we I yield the floor, and I suggest the ab- termined by the Secretary on the basis of the must reassess the role of the Federal sence of a quorum. most recent satisfactory data. S11534 CONGRESSIONAL RECORD — SENATE October 6, 1998 ‘‘(2) 50 percent shall be allotted among such this part for any fiscal year shall submit an ap- ‘‘(i) will carry out family literacy programs, jurisdictions in accordance with the relative plication to the Secretary at such time, in such such as the Even Start family literacy program amounts such jurisdictions received under part form, and containing such information as the authorized under part B of title I, to enable par- A of title I for the preceding fiscal year. Secretary may require. ents to be their child’s first and most important ‘‘(c) REALLOTMENT.—If any jurisdiction does ‘‘(b) STATE PLAN TO IMPROVE TEACHING AND teacher; and not apply for an allotment under subsection (b) LEARNING OF READING AND LITERACY PRO- ‘‘(ii) will carry out programs to assist those for any fiscal year, the Secretary shall reallot GRAMS.— pre-kindergarten and kindergarten students the amount of the allotment to the remaining ju- ‘‘(1) IN GENERAL.—Each application under who are not ready for the transition to 1st risdictions in accordance with such subsection. this section shall include a State plan that is co- grade, particularly students experiencing dif- ‘‘SEC. 2253. WITHIN-STATE ALLOCATIONS. ordinated with the State’s plan for other Fed- ficulty with reading skills. ‘‘(a) RESERVATION.—From the amount made eral education programs that pertain to reading ‘‘(c) PLAN APPROVAL.— available to a State under this part for any fis- and literacy activities. ‘‘(1) IN GENERAL.—The Secretary shall ap- cal year, not more than 5 percent may be re- ‘‘(2) CONTENTS.—Each State plan shall— prove an application of a State educational ‘‘(A) be developed— served for the administrative costs of the State ‘‘(i) in conjunction with the Governor of the agency under this section if such application educational agency and to carry out State-level State (in those States where the Governor does meets the requirements of this section. activities described in section 2256(a). not appoint the Chief State School Officer), the ‘‘(2) DISAPPROVAL.—The Secretary shall not ‘‘(b) LOCAL EDUCATIONAL AGENCY ELIGI- State agency for higher education, community- finally disapprove a State plan, except after giv- BILITY.—A State educational agency shall based and other nonprofit organizations of dem- ing the State educational agency notice and an award grants under this part for a fiscal year to onstrated effectiveness in reading readiness, opportunity for a hearing. a local educational agency only if the number of reading instruction for both adults and chil- ‘‘(3) PEER REVIEW.—The Secretary shall estab- children, that are served by the local edu- dren, and early childhood literacy, institutions lish a peer review process, in consultation with cational agency and counted under section of higher education or schools of education, and the National Research Council of the National 1124(c) for the fiscal year, is equal to or exceeds State directors of appropriate Federal or State Academy of Sciences and the National Institute the lesser of— programs with a strong reading or literacy com- of Child Health and Human Development, to ‘‘(1) 30 percent of the total number of children ponent; and make recommendations regarding approval of aged 5 through 17 served by the local edu- ‘‘(ii) with the extensive participation of teach- State plans. cational agency for the fiscal year; or ers who teach reading, and of parents; ‘‘(d) ASSURANCES.—A State plan shall contain ‘‘(2) the total number of children aged 5 ‘‘(B) include an assessment of State and local assurances that the State will comply with the through 17 served by the local educational agen- needs for reading and literacy professional de- requirements of this section, and provide for cy for the fiscal year multiplied by the result ob- velopment for pre-school, elementary school, such fiscal control and fund accounting proce- tained from multiplying 1.5 by a fraction, the and secondary school teachers, and teachers dures that may be necessary to ensure the prop- numerator of which is the total number of chil- who teach in adult and family literacy pro- er disbursement of, and accounting for, funds dren in the State counted under section 1124(c) grams; paid to the State under this section. for the fiscal year, and the denominator of ‘‘(C) include a description of how the plan has ‘‘(e) MULTI-STATE PARTNERSHIP ARRANGE- which is the total number of children aged 5 assessed the needs of local educational agencies MENTS.—For the purposes of carrying out this through 17 in the State for the fiscal year. serving rural and urban areas, and a descrip- section, a State educational agency may join ‘‘(c) ALLOCATION.—A State educational agen- tion of the actions planned to meet such needs; with other State educational agencies to develop cy shall allocate funds made available under ‘‘(D) include a description of how the activi- a single application that satisfies the require- this part and not reserved under subsection (a) ties assisted under this part will address the ments of this section and identifies which State for a fiscal year among local educational agen- needs of teachers in schools receiving assistance educational agency, from among the States join- cies in the State that are described in subsection under title I and will effectively teach all stu- ing, shall act as the fiscal agent for the multi- (b), according to the local educational agencies dents to read independently; State arrangement. respective need for assistance under this part, as ‘‘(E) include a description of— ‘‘(f) REPORTING.—A State educational agency ‘‘(i) how professional development activities determined by the State educational agency, that receives an allotment under this part shall assisted under this part will be based on the best taking into account factors such as— submit an annual performance report to the Sec- ‘‘(1) the number of children served by the local available research on reading development and retary. Such report shall include a description educational agency who are from low-income reading disorders; and of— families; and ‘‘(ii) the extent to which the activities prepare ‘‘(1) the assessment and evaluation methods ‘‘(2) the number of elementary school and sec- teachers in all the major components of reading described in section 2255(b)(2)(L); and ondary school students who are served by the instruction (including phoneme awareness, ‘‘(2) the local educational agencies receiving local educational agency and whose reading phonics, fluency, and reading comprehension); grants under this part. achievement is unsatisfactory. ‘‘(F) describe how the State will use tech- ‘‘SEC. 2254. CONSORTIA REQUIREMENTS. nology to enhance reading and literacy profes- ‘‘SEC. 2256. STATE USE OF FUNDS. ‘‘(a) CONSORTIA.—A local educational agency sional development activities for teachers; ‘‘(a) STATE LEVEL ACTIVITIES.—Each State receiving a grant under this part of less than ‘‘(G) describe how parents can participate in educational agency shall use funds made avail- literacy-related activities assisted under this $10,000 shall form a consortium with another able under section 2253(a)— part to enhance children’s reading fluency; local educational agency or an educational ‘‘(1) to provide technical assistance to schools ‘‘(H) describe how reading tutors can partici- and local educational agencies, and entities ad- service agency serving another local educational pate in literacy-related activities assisted under agency in order to be eligible to participate in ministering adult and family literacy programs, this part, including professional development for the purpose of providing effective profes- programs assisted under this part. opportunities, to enhance children’s reading flu- ‘‘(b) WAIVER.—The State educational agency sional development reading and literacy activi- ency; ties; may waive the application of subsection (a) in ‘‘(I) describe how the State educational agen- the case of any local educational agency that ‘‘(2) to conduct an assessment of State needs cy will facilitate the provision of technical as- for reading and literacy professional develop- demonstrates that the amount of the agency’s sistance to the local educational agencies that grant under this part is sufficient to provide a ment, including the needs in both rural and receive grants under this part in order to assist urban areas; program of sufficient size, scope, and quality to in establishing the local educational agencies’ be effective. In granting waivers under the pre- ‘‘(3) to provide for coordination of reading local professional development activities; and literacy programs within the State in order ceding sentence, the State educational agency ‘‘(J) describe how the State educational agen- to avoid duplication and increase the effective- shall— cy— ‘‘(1) give special consideration to local edu- ‘‘(i) will build on, and promote coordination ness of reading and literacy activities; and cational agencies serving rural areas if dis- among, literacy programs in the State, in order ‘‘(4) to conduct evaluations of local edu- tances or traveling time between schools make to increase the effectiveness of the programs and cational agency activities assisted under this formation of the consortium more costly or less to avoid duplication of the efforts of the pro- part. effective; and grams; and ‘‘(b) GRANTS.— ‘‘(2) consider cash or in-kind contributions ‘‘(ii) will promote programs that provide ac- ‘‘(1) IN GENERAL.—Each State educational provided from State or local sources that may be cess to diverse and age-appropriate reading ma- agency receiving an allotment under this part combined with the local educational agency’s terial; shall use the funds made available under section grant for the purpose of providing services ‘‘(K) describe how the State educational agen- 2253(c) to award grants in accordance with such under this part. cy will assess and evaluate, on a regular basis, section to local educational agencies within the ‘‘(c) SPECIAL RULE.—Each consortium shall local educational agency activities assisted State. rely, as much as possible, on technology or other under this part; ‘‘(2) GRANT PERIOD.—A grant awarded under arrangements to provide professional develop- ‘‘(L) describe the methods the State edu- this subsection shall be awarded for a period of ment programs tailored to the needs of each cational agency will use to assess and evaluate 3 years. school or school district participating in a con- the progress of local educational agencies in the ‘‘SEC. 2257. LOCAL PLAN FOR IMPROVING TEACH- sortium described in subsection (a). State that receive grants under this part; and ING AND LEARNING OF READING ‘‘SEC. 2255. STATE APPLICATIONS. ‘‘(M) include an assurance that each local AND LITERACY PROGRAMS. ‘‘(a) APPLICATIONS REQUIRED.—Each State educational agency to which the State edu- ‘‘(a) IN GENERAL.—Each local educational educational agency desiring an allotment under cational agency awards a grant— agency desiring a grant under this part shall October 6, 1998 CONGRESSIONAL RECORD — SENATE S11535 submit an application to the State educational ‘‘(A) be based on the best available research use, to the extent practicable, information net- agency at such time, in such manner, and ac- on reading development and reading disorders; works developed and maintained through other companied by such information as the State and public and private persons, including the Sec- educational agency may require. Such applica- ‘‘(B) prepare teachers in all the major compo- retary, the National Center for Family Literacy, tion shall include an assessment of local needs nents of reading instruction (including phoneme and the Readline Program. for professional development activities in read- awareness, phonics, fluency, and reading com- ‘‘SEC. 2261. AUTHORIZATION OF APPROPRIA- ing and literacy— prehension); TIONS. ‘‘(1) at the elementary school and secondary ‘‘(3) to develop professional development pro- ‘‘(a) IN GENERAL.—If the amount appro- school levels; and grams and strategies to effectively involve par- priated to carry out the Individuals with Dis- ‘‘(2) in adult and family literacy programs. ents in helping their children with reading; abilities Education Act for fiscal year 1998, 1999, ‘‘(b) SPECIAL RULE.—A local educational ‘‘(4) to provide parents with literacy-related or 2000 exceeds by $500,000,000 the amount so agency that applies for a grant under this part activities that will enhance children’s reading appropriated for fiscal year 1997, 1998, or 1999, shall form a partnership, with 1 or more commu- fluency; respectively, there are authorized to be appro- nity-based organizations of demonstrated effec- ‘‘(5) to provide reading tutors with literacy-re- priated to carry out this part and section 1202(c) tiveness in reading readiness, reading instruc- lated activities, including professional develop- $210,000,000 for the fiscal year 1998, 1999, or tion and achievement for both adults and chil- ment opportunities, to enhance children’s read- 2000, as the case may be, of which $10,000,000 dren, and early childhood literacy, such as a ing fluency; shall be available to carry out section 1202(c). Head Start program, public library, or an agen- ‘‘(6) to promote programs that provide access ‘‘(b) RESERVATION.—From amounts appro- cy that oversees adult education programs, to to diverse and age-appropriate reading material; priated under subsection (a) for a fiscal year, carry out the local activities described in section ‘‘(7) to provide coordination of reading and the Secretary shall reserve $5,000,000 to carry 2258. literacy programs within the local educational out section 2260. agency to avoid duplication and increase the ef- ‘‘(c) CONTENTS.—Each local plan shall— ‘‘(c) SUNSET.—Notwithstanding section 422(a) ‘‘(1) include an assessment of local needs for fectiveness of reading and literacy activities; of the General Education Provisions Act, this ‘‘(8) to coordinate family literacy programs, reading and literacy professional development; title is repealed, effective September 30, 2000, such as the Even Start family literacy program ‘‘(2) include a description of how the activities and is not subject to extension under such sec- authorized under part B of title I, to enable par- described in section 2258 will address the needs tion.’’. ents to be their child’s first and most important of teachers— (b) CONFORMING AMENDMENT.—Section 2003 of ‘‘(A) in schools receiving assistance under title teacher, and to make payments for the receipt of the Elementary and Secondary Education Act of I; and technical assistance for the development of such 1965 (20 U.S.C. 6603) is amended— ‘‘(B) in adult and family literacy programs; programs; and (1) in subsection (a), by inserting ‘‘(other than ‘‘(9) to establish programs to assist those pre- ‘‘(3) describe how parents can participate in part C)’’ after ‘‘title’’; and kindergarten and kindergarten students en- literacy-related activities assisted under this (2) in subsection (b)(3), by striking ‘‘part C’’ rolled in schools served by the local educational part to enhance children’s reading fluency; and inserting ‘‘part D’’. ‘‘(4) describe how reading tutors can partici- agency who are not ready for the transition to pate in literacy-related activities assisted under 1st grade, particularly students experiencing TITLE II—AMENDMENTS TO EVEN START this part, including professional development difficulty with reading skills. FAMILY LITERACY PROGRAMS opportunities, to enhance children’s reading flu- ‘‘(b) SPECIAL RULES.—A local educational SEC. 201. RESERVATION FOR GRANTS. ency; agency receiving a grant under this part shall Section 1202(c) of the Elementary and Second- ‘‘(5) describe how the local educational agen- use the funds for activities described in sub- ary Education Act of 1965 (20 U.S.C. 6362(c)) is cy will build on, and promote coordination section (a) that— amended to read as follows: among, literacy programs at the local level in ‘‘(1) provide professional development activi- ‘‘(c) RESERVATION FOR GRANTS.— order to increase the effectiveness of the pro- ties in reading instruction to teachers in elemen- ‘‘(1) GRANTS AUTHORIZED.—From funds re- grams and to avoid duplication of effort; tary schools and secondary schools having the served under section 2261(a) to carry out this ‘‘(6) describe how the local educational agen- greatest need for such services, as evidenced by section for a fiscal year, the Secretary shall cy— poor student performance on reading assess- award grants, on a competitive basis, to States ‘‘(A) will carry out family literacy programs, ments, a high percentage of students from low- to enable such States to plan and implement such as the Even Start family literacy program income families, or a combination of such per- statewide family literacy initiatives to coordi- authorized under part B of title I, to enable par- formance and percentage; and nate and integrate existing Federal, State, and ents to be their child’s first and most important ‘‘(2) are provided to teachers at public and local literacy resources consistent with the pur- teacher; private nonprofit elementary schools and sec- poses of this part. Such coordination and inte- ‘‘(B) will carry out programs to assist those ondary schools. gration shall include coordination and integra- pre-kindergarten and kindergarten students ‘‘SEC. 2259. LOCAL DISTRIBUTION OF FUNDS. tion of funds available under the Adult Edu- who are not ready for the transition to 1st ‘‘Each local educational agency that receives cation Act, the Head Start Act, this part, part A grade, particularly students experiencing dif- funds under this part for any fiscal year— of this title, and part A of title IV of the Social ficulty with reading skills; and ‘‘(1) shall use not less than 80 percent of such Security Act. ‘‘(C) will promote programs that provide ac- funds for the professional development of teach- ‘‘(2) CONSORTIA.— cess to diverse and age-appropriate reading ma- ers and, where appropriate, administrators, ‘‘(A) ESTABLISHMENT.—To receive a grant terial; pupil services personnel, parents, tutors, and under this subsection, a State shall establish a ‘‘(7) describe how the local plan will be car- other staff of individual schools, and for other consortium of State-level programs under the ried out in coordination with other Federal edu- literacy-related activities, in a manner that— following provisions of law: cation programs that pertain to reading and lit- ‘‘(A) to the extent practicable, takes place at ‘‘(i) This title. eracy activities; and an individual school site; and ‘‘(ii) The Head Start Act. ‘‘(8) describe the amount and nature of funds ‘‘(B) is consistent with the local educational ‘‘(iii) The Adult Education Act. from other public or private sources that will be agency’s plan under section 2257, any school ‘‘(iv) All other State-funded preschool pro- combined with funds received under this section. plan under part A of title I, and any other plan grams and programs providing literacy services ‘‘(d) LOCAL PLAN APPROVAL.—The State edu- for professional development carried out with to adults. cational agency shall approve an application of Federal, State, or local funds that emphasizes ‘‘(B) PLAN.—To receive a grant under this a local educational agency under this section if sustained, ongoing activities related to profes- subsection, the consortium established by a such application meets the requirements of this sional development for teachers; and State shall create a plan to use a portion of the section. ‘‘(2) may use not more than 20 percent of such State’s resources, derived from the programs re- ‘‘SEC. 2258. LOCAL ACTIVITIES. funds for school district-level professional devel- ferred to in subparagraph (A), to strengthen ‘‘(a) IN GENERAL.—Each local educational opment activities, including, where appropriate, and expand family literacy services in such agency shall use the funds made available the participation of administrators, policy- State. under section 2256(b)— makers, tutors, and parents, if such activities ‘‘(C) COORDINATION WITH PART C OF TITLE ‘‘(1) to support partnerships among pre- directly support instructional personnel, and for II.—The consortium shall coordinate its activi- schools, elementary schools, secondary schools, other literacy-related activities. ties with the activities assisted under part C of consortia of such schools, local educational ‘‘SEC. 2260. INFORMATION DISSEMINATION. title II, if the State receives a grant under such agencies, community-based organizations (such ‘‘(a) IN GENERAL.—From funds reserved under part. as a Head Start program), adult education pro- section 2261(b), the National Institute for Lit- ‘‘(3) TECHNICAL ASSISTANCE.—The Secretary grams, institutions of higher education, or eracy shall disseminate information with respect shall provide, directly or through a grant or (where appropriate) public libraries, of dem- to reading and literacy. At a minimum, the in- contract with an organization with experience onstrated effectiveness in reading readiness, and stitute shall disseminate such information to all in the development and operation of successful in reading instruction and achievement, for recipients of Federal financial assistance under family literacy services, technical assistance to adults and children; this title, titles I and VII, the Head Start Act, States receiving a grant under this subsection. ‘‘(2) to provide intensive, ongoing professional the Individuals with Disabilities Education Act, ‘‘(4) MATCHING REQUIREMENT.—The Secretary development activities to train teachers to meet and the Adult Education Act. shall not make a grant to a State under this the diverse reading needs of all students, which ‘‘(b) COORDINATION.—In carrying out this sec- subsection unless the State agrees that, with re- activities shall— tion, the National Institute for Literacy shall spect to the costs to be incurred by the eligible S11536 CONGRESSIONAL RECORD — SENATE October 6, 1998 consortium in carrying out the activities for (2) in paragraph (2), by striking the period at Back in 1983, the Reagan administra- which the grant was awarded, the State will the end and inserting ‘‘; and’’; and tion, through Education Secretary make available non-Federal contributions in an (3) by adding at the end the following: ‘‘(3) carrying out section 1210.’’. Terrel Bell, delivered a report to the amount equal to not less than the Federal funds Nation called ‘‘A Nation At Risk.’’ provided under the grant.’’. (c) AWARD OF SUBGRANTS.—Paragraphs (3) That report outlined the serious prob- SEC. 202. DEFINITIONS. and (4) of section 1208(b) of the Elementary and Section 1202(e) of the Elementary and Second- Secondary Education Act of 1965 (20 U.S.C. lems we have in our educational sys- ary Education Act of 1965 (20 U.S.C. 6362(e)) is 6368) are amended to read as follows: tem and observed that the output of ‘‘(3) CONTINUING ELIGIBILITY.—In awarding amended— our primary and secondary educational (1) by redesignating paragraphs (3) and (4) as subgrant funds to continue a program under schools was not anywhere near what it paragraphs (4) and (5), respectively; and this part for the second, third, or fourth year, the State educational agency shall evaluate the needed to be in order to meet the chal- (2) by inserting after paragraph (2) the follow- lenges posed by our Asian and Euro- ing: program based on the indicators of program ‘‘(3) the term ‘family literacy services’ means quality developed by the State under section pean competitors. Many problems were services provided to participants on a voluntary 1210. Such evaluation shall take place after the delineated in that report. One on which basis that are of sufficient intensity in terms of conclusion of the startup period, if any. we have focused a great deal of atten- hours, and of sufficient duration, to make sus- ‘‘(4) INSUFFICIENT PROGRESS.—The State edu- tion is performance in mathematics. tainable changes in a family (such as eliminat- cational agency may refuse to award subgrant The United States, among all the in- ing or reducing welfare dependency) and that funds if such agency finds that the eligible en- dustrialized nations, was at the bottom integrate all of the following activities: tity has not sufficiently improved the perform- ance of the program, as evaluated based on the in tests given to our young people to ‘‘(A) Interactive literacy activities between determine their abilities in mathe- parents and their children. indicators of program quality developed by the ‘‘(B) Equipping parents to partner with their State under section 1210, after— matics. We were dead last among our children in learning. ‘‘(A) providing technical assistance to the eli- competitor nations. So, in a number of ‘‘(C) Parent literacy training, including train- gible entity; and ways, we have tried to improve the re- ing that contributes to economic self-sufficiency. ‘‘(B) affording the eligible entity notice and sults of our educational system with ‘‘(D) Appropriate instruction for children of an opportunity for a hearing.’’. respect to mathematics. The studies parents receiving parent literacy services.’’. SEC. 205. RESEARCH. have also shown that our industries SEC. 203. EVALUATION. The Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by have found that problems are not lim- Section 1209 of the Elementary and Secondary ited just to mathematics. Rather, they Education Act of 1965 (20 U.S.C. 6369) is amend- section 204 of this Act, is further amended by in- ed— serting after section 1210 the following: found that the basic problem was that (1) in paragraph (1), by striking ‘‘and’’ after ‘‘SEC. 1211. RESEARCH. their workers could not read the prob- the semicolon; ‘‘(a) IN GENERAL.—The Secretary shall carry lems in order to determine the mathe- (2) in paragraph (2), by striking the period at out, through grant or contract, research into the matics necessary to solve them. Mas- the end and inserting ‘‘; and’’; and components of successful family literacy serv- tering the very basics of reading was (3) by adding at the end the following: ices. The purpose of the research shall be— ‘‘(1) to improve the quality of existing pro- essential before they could understand ‘‘(3) to provide States and eligible entities re- how to answer the problems in mathe- ceiving a subgrant under this part, directly or grams assisted under this part or other family through a grant or contract with an organiza- literacy programs carried out under this Act or matics. tion with experience in the development and op- the Adult Education Act; and We have been trying to make im- eration of successful family literacy services, ‘‘(2) to develop models for new programs to be provements since 1983. In 1988, the Gov- technical assistance to ensure local evaluations carried out under this Act or the Adult Edu- ernors met with the President and es- undertaken under section 1205(10) provide accu- cation Act. tablished national goals—sometimes ‘‘(b) DISSEMINATION.—The National Institute rate information on the effectiveness of pro- referred to as Goals 2000—to try to em- grams assisted under this part.’’. for Literacy shall disseminate, pursuant to sec- tion 2260, the results of the research described in phasize that changes must be made in SEC. 204. INDICATORS OF PROGRAM QUALITY. subsection (a) to States and recipients of sub- our educational system in order to (a) IN GENERAL.—The Elementary and Sec- grants under this part.’’. make this Nation what it ought to be ondary Education Act of 1965 (20 U.S.C. 6301 et as we go into the next century. seq.) is amended— AMENDMENT NO. 3740 (1) by redesignating section 1210 as section (Purpose: To provide for a complete As a result of that initiative, in 1994, 1212; and substitute) we established a goals panel in order to (2) by inserting after section 1209 the follow- Mr. JEFFORDS. Mr. President, I determine whether or not we were ing: send an amendment to the desk and making any improvement in these es- ‘‘SEC. 1210. INDICATORS OF PROGRAM QUALITY. ask for its immediate consideration. sential areas. I sit on that goals panel. ‘‘Each State receiving funds under this part The PRESIDING OFFICER. The I have been a member now for some 4 shall develop, based on the best available re- clerk will report. years, and I am sorry to report—and search and evaluation data, indicators of pro- The legislative clerk read as follows: this has already been reported—that, gram quality for programs assisted under this in those 4 years, there has not been any part. The indicators shall be used to monitor, The Senator from Vermont [Mr. JEF- evaluate, and improve such programs within the FORDS], proposes an amendment numbered indication that we have made any State. The indicators shall include the follow- 3740. progress toward these goals, even in ing: Mr. JEFFORDS. Mr. President, I ask the area of reading. And the same is ‘‘(1) With respect to eligible participants in a unanimous consent that reading of the true with respect to mathematics. In program who are adults— amendment be dispensed with. fact, just recently, the last IMS ‘‘(A) achievement in the areas of reading, The PRESIDING OFFICER. Without study—International Mathematics writing, English language acquisition, problem objection, it is so ordered. Study —showed that our students grad- solving, and numeracy; (The text of the amendment is print- ‘‘(B) receipt of a secondary school diploma or uating from high school were again at its recognized equivalent; ed in today’s RECORD under ‘‘Amend- the bottom of all industrialized na- ‘‘(C) entry into a postsecondary school, a job ments Submitted.’’) tions, as far as their capacity to solve retraining program, or employment or career ad- Mr. JEFFORDS. Mr. President, this mathematical problems. vancement, including the military; and is an important bill. It is a bill that is That same study indicated that our ‘‘(D) such other indicators as the State may designed to address what is probably fourth graders were the best in the develop. the most serious problem we have in world, and our eighth graders were av- ‘‘(2) With respect to eligible participants in a the United States in our educational program who are children— erage. But, by the time they graduated ‘‘(A) improvement in ability to read on grade system, and that is the inability of our from high school, they were well be- level or reading readiness; school system to provide young people hind. Part of that problem stems from ‘‘(B) school attendance; who graduate from high school with problems with reading and the ability ‘‘(C) grade retention and promotion; and the skills necessary, in just the very to understand problems. ‘‘(D) such other indicators as the State may basics of reading. To enable our nation I point out another situation with re- develop.’’. to proceed into the next century as we spect to reading that is very instruc- (b) STATE LEVEL ACTIVITIES.—Section 1203(a) of the Elementary and Secondary Education Act should and to maximize the potential tive in this regard. of 1965 (20 U.S.C. 6363(a)) is amended— of these young people, we must assure Motorola, back in the early 1980s, (1) in paragraph (1), by striking ‘‘and’’ after that our high school graduates have was in a real fight with Japan on cel- the semicolon; these essential skills. lular phones. The CEO of Motorola said October 6, 1998 CONGRESSIONAL RECORD — SENATE S11537 he had to develop a new factory em- third or fourth grades if somebody skillful assistance in making this proc- ploying individuals with the skills nec- would have picked them up and taught ess successful: Sherry Kaiman of Sen- essary to produce cellular phones that them how to read. But nobody ever ator JEFFORDS’ staff; Townsend Lange would be equal to or better than those picked them up. The teachers were of Senator COATS staff; Suzanne Day of of the Japanese. So a study group was busy teaching the ones who knew how Senator DODD’s staff; Elyse Wasch of established. The study group indicated to read. They did not have time for Senator REED’s staff; Greg Williamson that they had a problem with respect those who didn’t know how to read. So- of Senator MURRAY’s staff; Bev Schroe- to trying to get the skilled workforce cial promotion is a reality in probably der of Senator HARKIN’s staff; and necessary in order to compete with the all of our schools. Danica Petroshius of my own staff. I Japanese. They also took a look at Ma- You wonder why our CEO’s say, ‘‘We also commend the hard work of the laysia and other areas. They reported don’t even look at diplomas to deter- House staff on the working group, in- back to the CEO that our workers were mine whether the kids should come to cluding Vic Klatt, Sally Lovejoy, not capable of the productivity nec- us to work.’’ D’Arcy Philps, Lynn Selmser, and Bob essary. So they opted to locate the Getting to today, this problem with Sweet of the House Committee major- plant in Malaysia. The CEO, being a reading was emphasized, and we deter- ity staff; Alex Nock, Marci Phillips, strong American, said ‘‘No. We are not mined that we had to do something. Mark Zuckerman, and June Harris of going to locate a plant in Malaysia. I Working with the Administration, we the House Committee minority staff; want to find out why we are unable to prepared the reading bill before us and Charlie Barone of Represenative find and to train the workers necessary today. This legislation provides for GEORGE MILLER’s staff. to get the best productivity.’’ ample funding and lays out everything Learning to read well is the corner- A study was conducted, which found that we believe we need to do in order stone of every child’s education. We out that the reason for the problem to take not only corrective action be- know that reading skills are fundamen- was the inability to answer math prob- fore students get out of the third and tal to effective learning in all subjects. lems. That was one thing. But, then, fourth grades to make sure that they The ability to read effectively is the they found that the reason workers read, but also to make sure we have re- gateway to opportunity and success were not able to solve the math prob- medial training for all of those in the throughout life. Many successful programs are help- lems was that they couldn’t read the higher grades who didn t master read- ing children learn to read well. But too math problems. The company created ing in their early school years. In the budget account, we attached often, the best programs are not avail- the necessary remedial training first to $250 million for this bill to assist in able to all children. As a result, large train the workers how to read and then trying to find a remedial program numbers of children are denied the op- to allow them to do the math prob- which will be successful in getting our portunity to learn to read well. 40 per- lems. Believe it or not, they were able young people to read. cent of 4th grade students do not to do that with the remedial training. A number of people have worked very achieve the basic reading level, and 70 So the CEO said, ‘‘We are going to lo- hard on this bill. Senator KENNEDY, I percent of 4th graders are not pro- cate that plant in the United States.’’ expect, will be here before too long. ficient in reading. They did. It proved to be the most pro- Senator COVERDELL and Senator COATS Children who fail to acquire basic ductive plant in all of the Motorola op- and Senators GREGG and HUTCHINSON reading skills early in life are at a dis- erations, with higher productivity than all really worked hard to bring about advantage throughout their education the Japanese. It is a long story about this bill and to make sure that it re- and later careers. They are more likely Motorola. But, finally, they were able ceived favorable consideration. to drop out of school, and to be unem- to outdo the Japanese and to outsell On the House side Representatives ployed. We need to do more to ensure them. In fact, they were even able to CLAY, HILLEARY and RIGGS, and espe- that all children learn to read well— break into the markets in Japan and to cially my good friend BILL GOODLING. and learn to read well early—so that outsell the Japanese. It goes back to Chairman GOODLING has championed they have a greater chance for success- the basics. The workers couldn’t read. literacy throughout his tenure, and he ful lives and careers. Another study which is instructional has done a wonderful job in making In October 1996, President Clinton was done in, I believe, 1993. It was a na- sure that the reading bill got to us. I and the First Lady initiated a new ef- tional literacy study that showed that am now working very closely with him fort to call national attention to child 51 percent of the high school graduates as we go towards the reauthorization of literacy by proposing their ‘‘America who were examined were found to be the Elementary and Secondary Edu- Reads Challenge.’’ Many of us in Con- functionally illiterate. That is incred- cation Act. gress strongly supported their call for ible. You wonder why our business peo- In my view, the bill provides the nec- increased aid for reading tutors and ple say they don’t even bother to look essary remedial help to get our schools other steps to improve child literacy. at a diploma of a kid out of high school on a path where we can assist substan- Today, over 1,000 colleges and univer- because it doesn’t mean anything. That tially in getting young people to read sities are committed to the President’s is another area that we are trying to and to graduate from high school in a ‘‘America Reads Work Study Pro- improve and, at a minimum, to make manner which will be productive for gram,’’ and 59 of these institutions are sure that everyone who gets a high them and for our society. in Massachusetts. school diploma knows how to read. I mentioned Senator KENNEDY. He is Many of the reading difficulties expe- We looked into this and found what here. The work that he has done in rienced by teenagers and adults today had happened. The reason this dismal championing this cause is very notable. could have been prevented by better at- result was appearing was that, back in Mr. KENNEDY. Mr. President, I com- tention during early childhood. By the 1960s, studies were done at Cornell mend Chairman JEFFORDS for his lead- working to ensure that all children University. At that time, we had this ership in making child literacy a prior- learn to read well in the early grades, big awakening about the problems of ity and developing this strong legisla- we can reduce the need for costly spe- neurosis and young people and things tion. I also commend Senator COVER- cial education instruction in later that stimulated mental problems. Re- DELL for helping to make this bill a grades. We must make every effort to searchers concluded that the worst priority in the Senate, and Senator give our public schools the resources thing one could do was to fail a kid in MURRAY and Senator DODD for their necessary to ensure that all children school because that would create a leadership in issues involving young obtain the reading skills they need—at neurosis and the child would have prob- children. an early age. lems the rest of his or her life. I also want to thank Congressman This bill is a major step toward meet- That led to the development of so- GOODLING and Congressman CLAY for ing that goal. It provides children, par- called ‘‘social promotion.’’ In other working effectively to ensure that the ents, schools, and communities with words, the attitude was, ‘‘Well, if they Senate and House could reach agree- the resources and opportunities they can’t read, pack them on.’’ That might ment on this important measure. need to improve child and family lit- have been fine from the second to the I commend and thank all the staff eracy—and the help can’t come a third grade and maybe even from the members of the working group for their minute too soon. S11538 CONGRESSIONAL RECORD — SENATE October 6, 1998 This bill also recognizes that teach- and Read are 8 times more likely to The bill will help provide children ers must have adequate resources and read to their children than parents who with the readiness skills and support proper training in order to be prepared do not participate in this pediatric pro- they need to learn to read once they to teach reading well. Teachers must gram. enter school. It will help teach every often provide special assistance to chil- Children whose parents are involved child to read in these early years—from dren who are having difficulty learning in their education, who read to them, preschool though the 3rd grade. And, it to read. Too often, teachers lack the and who work with them on language will improve the instructional prac- time, the skills, and the resources to skills are more likely to become suc- tices of teachers and other staff in ele- provide children with that assistance. cessful readers. They achieve higher mentary schools with the greatest need Building on the successful Eisenhower test scores. They have better school at- for extra help. Professional Development Program, tendance records. They graduate at The bill provides competitive grants which trains teachers in math and higher rates. And they are more likely to states to improve child literacy. science, this bill creates new opportu- to go to college. But children whose Each state will create a plan to address nities for teachers to obtain the train- parents lack a strong educational foun- the needs of its teachers and commu- ing they need to teach reading effec- dation are less likely to do so. nities for improving student achieve- tively. Many parents want to help, but too ment in reading. Eligible school dis- Communities across the country are often they are unable to do so because tricts will be able to apply to the state initiating innovative projects on read- the parents themselves lack basic read- for funds to support teacher training in ing. At Boston College, a fundamental ing skills. We can do more to help par- how to teach reading well in elemen- part of teacher education is training ents acquire the skills and resources tary schools with the greatest need for teachers in the best research and prac- needed to help their children learn to help, and to support partnerships tice on ways to teach reading, includ- read. This bill will expand local family among eligible school districts and ing helping children develop skills in literacy initiatives, and help states to community organizations that support phonics, sound-and-symbol relation- increase parent involvement. early learning, tutoring, adult literacy, ships, and reading comprehension. Family literacy efforts, such as the and that provide children and families This bill encourages local school dis- Home Instruction Program for Pre- with access to books. tricts to build partnerships and work school Youngsters in Worcester, Massa- The lowest-achieving and poorest in cooperation with community organi- chusetts, concentrate on providing par- schools will benefit. Local school dis- zations and state agencies. It ensures ents with the education and skills they tricts that are eligible for subgrants that local, state, and national efforts need to be their children’s first reading fall into three categories: (1) districts to improve literacy are coordinated, teachers. These programs teach par- that have at least one low-performing and that the most effective resources ents how to read aloud and work with school in school improvement under and practices are used to meet the their children at home, and give par- Title I; (2) districts that have schools needs of children. It also provides com- ents the opportunity to attend literacy with the highest and second highest munities with support to provide chil- and other classes. number of poor children in the state; dren with trained tutors to give them Funds will also be available to the and (3) districts that have schools with the opportunity to practice reading National Institute for Literacy to the highest and second highest poverty with adults. gather and disseminate information rates in the states. In Massachusetts, 59 colleges and about the best practices for improving The bill amends Title II of the Ele- universities are providing trained tu- child literacy, so that every school and mentary and Secondary Education Act, tors to school children through the community can take advantage of and authorizes $260 million each year Federal Work Study Program. At Bos- them. for fiscal years 1999 and 2000. ton University, 150 reading tutors are This bill targets funds for literacy By building on successful programs helping 400 needy children learn to programs on schools where the needs such as the Eisenhower Professional read. Students at Worcester Poly- are greatest. Children in poor schools Development Program, the College technic Institute serve as reading tu- are more likely to live in homes with Work Study Program, and the Even tors at the Belmont Community parents who have not completed high Start Program, this bill provides state School. The Reading Excellence Act school and are unemployed. Children and local education agencies with the builds upon these successful programs from such homes are 5 to 6 times more support they need to bring successful to help communities find and train tu- likely to drop out of school than other programs to their teachers, students, tors who can make a difference. children. We should help ensure that and communities. In addition, children need to have they get the opportunities they need to Children do not learn to read on their useful reading materials outside of learn to read well. own. Children need well-trained teach- school to help them develop a love of Recent successes in Boston prove ers who can give them the assistance reading early in life. To meet this goal, that targeted efforts to improve they deserve. Children need trained tu- the bill encourages strong links to a schools and student performance can tors who can work with them outside variety of programs for early childhood produce real results. After three years the classroom. They need involved par- literacy, and encourages cooperation of reforms in Boston emphasizing early ents who know how to read and know between community, state, and na- literacy, high academic standards, and how to work effectively with their chil- tional organizations to ensure that the best teaching practices, students in dren at home. Children need access to every child has access to good reading almost every grade showed significant effective reading materials at home. materials. improvements in math and reading And, children need the opportunity to Physicians are also part of the effort. scores on city-wide achievement tests. acquire reading readiness skills early, Successful pediatric programs, such as The Samuel W. Mason School in Bos- so that they come to school ready to Reach Out and Read, can benefit even ton, where 91 percent of the children learn to read. more children as a result of this bill. come from poor families, has gone from The Reading Excellence Act ensures This program was created by a team of one of the lowest-performing schools in that the best methods and resources pediatricians and early childhood edu- the city to scoring in the top quarter of are more widely available to schools, cators at Boston City Hospital in 1989. all public schools in the city in reading families, and children across the coun- Pediatricians are encouraged to pre- achievement. They have implemented try. I urge the Senate to pass this im- scribe reading activities as part of a school reform approach that focuses portant legislation. childhood medical check-ups, and to on literacy. Teachers were trained in Mr. DODD. Mr. President, it is with see that children leave the doctor’s of- the best reading practices. In addition, great pleasure that I rise in support of fice with a good book in hand. Now, they adapted teaching styles to fit the Reading Excellence Act. I am very 4,500 health care providers in 46 states children’s learning styles, tested the pleased that, working with the House have been trained to help nearly one children every six weeks to measure committee and Secretary Riley, we million children and their families. improvement, and focused on improv- have been able to work out a final bill Parents who participate in Reach Out ing family literacy in the community. that will improve reading skills. This October 6, 1998 CONGRESSIONAL RECORD — SENATE S11539 effort once again demonstrates that age-appropriate books are critical to It is unacceptable that only 10 percent when we focus on what really matters any successful effort to improve lit- of our teachers have received formal to America’s families and work to- eracy. In too many homes, books are a instruction on how to teach reading. gether, we can accomplish a great deal rarity. And yet any parent will tell you Reading Excellence will give our edu- of good. And today, we are taking a how books capture the imagination and cators the resources needed to prepare substantial step in improving the attention of toddlers and, even babies, our children to read before they ad- teaching of reading in our schools. better than any television show. vance to the next grade. There are few skills that are more I think we need to do much more With the leadership of Chairman WIL- important than literacy. It is what when it comes to books. Our tax laws LIAM F. GOODLING, H.R. 2614 passed the makes us good workers, good parents, have set up very perverse incentives House last year. Earlier this year and good citizens. Imagine not being that make it more profitable to de- Reading Excellence was included in our able to read. Bus schedules, children’s stroy unsold books rather than donate Senate Republican blueprint for edu- homework assignments, and local them to schools or literacy organiza- cation reform. I also offered Reading newspapers—all beyond your grasp. tions. I am hopeful that, when the Sen- Excellence, S. 1596, as a freestanding From start to finish, each day would be ate next revisits tax law, we can take bill in the Senate on February 2, 1998. nearly impossible. a look at this issue and reverse these Again, in an effort to pass this legisla- Yet, too many of our children leave incentives to get more books into the tion, I offered it as an amendment to school lacking this basic skill which is hands of children. In the meantime, my education savings accounts bill and essential to their livelihood and their this legislation is a good first step in it was agreed to unanimously. Unfortu- quality of life. But, for the child who ensuring that children will have in- nately, the President killed that com- cannot read, the problem begins much creased exposure and involvement with prehensive education reform bill, earlier than graduation. Research has high-quality books. vetoing the literacy language along shown that children who fall behind as Mr. President, this is a good thought- with it. The administration has en- early as the second and third grade do ful bill and I am very pleased that we dorsed this language as a freestanding not catch up or become fluent readers will complete action on it this year and bill. unless expensive, intensive help is begin this important effort to improve Helping kids read should not be a available to them. If such help is not our children’s literacy skills. partisan issue. Both Chambers have available, these children become in- Mr. JEFFORDS. Mr. President, I ask now passed Reading Excellence unani- creasingly frustrated and are at sub- unanimous consent that the Amend- mously, and I urge the President to stantial risk of dropping out of school ment be agreed to, the committee sign H.R. 2614 into law. I praise Chair- altogether. amendment, as amended, be agreed to, man GOODLING for his perseverance and Our goal must be to help all children the bill be considered as read the third dedication to helping over 3 million to read well, to read independently, time and passed, as amended, the mo- children at risk of falling behind. Sen- and, importantly, to enjoy reading. We tion to reconsider be laid upon the ator COATS has also been a leader in have a tremendous advantage today in table, and that any statements relating getting this legislation to its final pas- reaching this goal in that we know so to the bill be placed in the appropriate sage and we all thank him for his dedi- much more about the physiological place in the RECORD. cation to education. Today we take a process of learning to read. We also The PRESIDING OFFICER. Without first step, and as the poet Robert Frost know what works and what does not. objection, it is so ordered. says, ‘‘we have miles to go before we This bill makes sure that this new base The amendment (No. 3740) was agreed sleep.’’ of knowledge gets out beyond academia to. f and its scholarly journals and into The committee amendment, as PRIVILEGE OF THE FLOOR classrooms across the country where it amended, was agreed to. Mr. DORGAN. Mr. President, I ask can make a real difference in the lives The bill (H.R. 2614), as amended, was unanimous consent James Fenwood, a of our children. considered read the third time, and Beyond the classroom, this legisla- passed. fellow on my staff, be granted the tion will also help empower the first Mr. COVERDELL. Mr. President, privilege of the floor this morning. The PRESIDING OFFICER. Without and most important teacher of all chil- today the Senate passed H.R. 2614, the Reading Excellence Act, and I rise in objection, it is so ordered. dren—their parents. Children’s literacy Mr. GORTON addressed the Chair. levels are directly related to the lit- celebration for the many Americans The PRESIDING OFFICER. The dis- eracy ability and interest of their par- this important legislation will help. tinguished Senator from Washington is ents, especially their mothers. The val- Reading is critical to every aspect of recognized. ues, attitudes and expectations held by life, especially as we move into the Mr. GORTON. Mr. President, I ask parents and other care givers with re- high-tech world of the 21st century. unanimous consent I may proceed for spect to literacy will have a lasting ef- With the passage of this bill, more up to 10 minutes in morning business. fect on a child’s attitude about learn- Americans will secure the basic read- The PRESIDING OFFICER. Without ing to read. This bill will encourage ing skills necessary to enjoy the bene- objection, it is so ordered. parents to read to their children at an fits of citizenship. It will enable many f early age and foster the budding lit- to do some of the things we take for eracy skills of their children. granted—being able to read a phone THE SOCIAL SECURITY SURPLUS I am particularly pleased the bill book, a dinner menu, directions on a MUST BE PROTECTED also reaches out to Head Start and medicine bottle, or a job application. Mr. GORTON. Mr. President, this other local pre-school programs to Right now, only 4 out of 10 of our Na- year began in a way unprecedented bring them into these efforts to ensure tion’s third graders can read at grade during my years as a U.S. Senator. that young children have the necessary level or above. This clearly can not Just months after passing the balanced foundation for literacy. In addition, stand. Our goal is to ensure that every budget agreement of 1997, budget fore- the bill does not overlook the impor- child is able to read by the third grade. casters released projections that in- tant contribution trained volunteers This bill is a down payment toward cluded the possibility of a budget sur- and mentors can have in improving a that goal. The Reading Excellence Act plus as early as 1999. By March, the child’s reading fluency and comprehen- focuses on scientifically based methods Congressional Budget Office estimated sion. This bill encourages local com- for teaching reading, it provides for tu- an $8 billion surplus by the end of fiscal munities to tap into these efforts and torial assistance for at-risk children, year 1998. coordinate volunteers to bring their and addresses adult illiteracy so that I’ll skip ahead a few months, because talents and time into the schools to parents can be their children’s first and we all know that the surplus projec- read with children one on one. most important teacher. This bill tions continued to grow. Last week, Finally, Mr. President, this bill does stresses the basics, a return to proven fiscal year 1998 came to an end with the not overlook the most basic tool in any teaching methods, and most impor- President and Congress announcing a literacy effort—Books. Good, engaging, tantly a return to methods that work. $70 billion budget surplus. S11540 CONGRESSIONAL RECORD — SENATE October 6, 1998 In less than a year, the deficit-bust- These so-called emergencies have been Our generation depends on Social Secu- ing efforts started early in the 1980s on the radar screen for years. Unfortu- rity and we feel future generations will and culminating in last year’s balanced nately, the President failed to place a also need it. Please do not spend the budget agreement reached the climax priority on these challenges when he fund on other government programs.’’ we have been waiting for since 1969— gave Congress his budget in February. Wallace Wickland of Bothell wrote: the first budget surplus in 30 years. Now we have several ‘‘emergencies’’ ‘‘You people in Washington have got to All of this is very good news, every- for which the President is willing to keep your hands off Social Security. one on Capitol Hill wants to take cred- dip into the surplus he deemed sacred This is all some people have. Voting for it for it. Despite the euphoric attitude in January—a surplus that does not Social Security will save your jobs!’’ that has overcome the congressional exist unless we tap into the Social Se- Anna Green of Tacoma wrote: ‘‘We budgeteers and appropriators, however, curity trust fund. always voted for you, and I hope you I want to sound a note of caution. Allow me to discuss the trust fund think of our children and grand- This weekend, the Seattle Times pub- for just a moment. Today the Social children to preserve and protect the lished an editorial that sums up my Security trust fund is running a sur- Social Security for them.’’ hesitation to jump on the pig pile plus. But that is by design. When the Barbara Murphy of Tumwater wrote: scrambling to spend the projected sur- baby boom generation begins retiring ‘‘I’m in favor of using all the surplus to plus on tax cuts, as advocated by a in just a few years, that surplus will be shore-up Social Security. I know House number of my colleagues, or new gov- needed to ensure that Social Security Republicans propose a tax refund for ernment programs, as suggested by the can meet its obligations. citizens, but let’s wait on that.’’ President and Democratic leadership. I believe that all Government sur- My constituents support using all of The editorial, aptly titled ‘‘Surplus? pluses must be used to guarantee the the Social Security surplus and future What Surplus?’’, reminds us all of a re- stability of the Social Security system budget surpluses to make entirely cer- ality few are willing to face. so that everyone relying on Social Se- tain that the current generation and In July, the Congressional Budget Of- curity today, and everyone working future generations are protected. Once fice predicted the Federal Government and paying into the system today, will Congress and the President agree to a will run a $63 billion surplus in 1998 if be able to count on Social Security plan that shores up Social Security for the Social Security trust fund is in- without any cuts or increased taxes to- our children and grandchildren who cluded in the budget calculations. We morrow. will retire during the next century, I still are running a $41 billion deficit, The President has said that he wants gladly will join my colleagues in pro- however, if the surplus in the Social to save Social Security, but in fact his viding tax relief for hard-working Security trust fund is excluded. budget proposed to spend billions of Americans. The Federal Government will not run dollars over and above the balanced I want to make that point crystal a surplus without the inclusion of the budget agreement he signed a year ago. clear. I am not opposed to tax relief. In Social Security trust fund until 2002, Now he wants more money for the so- fact, I’m all for across-the-board tax when CBO expects a $1 billion surplus. called emergencies I described earlier. cuts that provide relief for middle class By 2008, the surplus will rise to $64 bil- Every one of those dollars will inevi- taxpayers. In fact, I have cosponsored lion, without including the Social Se- tably come out of the surplus I am con- two bills that reduce or eliminate tax curity trust fund. vinced we need to preserve for Social penalties on married couples—a major We are close, but we are not out of Security. That is wrong. component of the House-passed tax re- the woods yet. We must use all of the Social Secu- lief package. The taxpayers have con- I remain deeply concerned about the rity and other future budget surpluses tributed more than their fair share to future viability of Social Security. to make entirely certain that the cur- the balanced budget for which we so Social Security is a sacred contract rent generation, and at least the next desperately want to claim credit in between the Federal Government and generation, have Social Security in its Washington, D.C. seniors. We cannot and must not use present form. Unfortunately, we have to eat the the current surplus in the Social Secu- I believe so strongly in this position, spinach on our plate before we eat des- rity trust fund to offset deficit spend- that in a July strategy meeting to dis- sert. We have one more challenge to ing in other Government programs. Un- cuss tax and budget issues my advice face—one more hurdle to jump—before fortunately, the President, among oth- to Senate Majority Leader TRENT LOTT we can claim victory on balancing the ers in Government, has proposed to do was to ‘‘save Social Security first.’’ I budget and start returning their hard- precisely that. believe now that that is exactly what earned dollars to taxpayers. Let’s se- As Congress speeds toward the end of we will do. cure and protect the Social Security the 105th Congress, we must keep the We cannot play smoke and mirrors trust fund for current retirees and fu- future of the Social Security trust fund with the Social Security trust fund. ture generations first. paramount in our deliberations. Some At the beginning of September, I sent Mr. President, I suggest the absence Members of Congress want to pass a this chart, which you can see, Mr. of a quorum. tax cut package before the election, President, to more than 300,000 seniors The PRESIDING OFFICER. The which will be funded by the projected in Washington State. I have received clerk will call the roll. The bill clerk proceeded to call the surplus. thousands of responses over the last 3 The President—who urged us to roll. weeks. Mr. DORGAN. Mr. President, I ask ‘‘Save Social Security First’’ during This is a difference between a true unanimous consent that the order for his State of the Union Address in Janu- deficit in our normal accounts and a the quorum call be rescinded. ary—opposes tax cuts for the American surplus that is created simply by The PRESIDING OFFICER (Mr. people but has been pushing for $20 bil- counting the Social Security surplus, ASHCROFT). Without objection, it is so lion in so called emergency spending with the 0 point, as I said earlier, not ordered. since September. He does not propose reached until in the year 2002. Mr. DORGAN. I ask unanimous con- to offset this spending with cuts in Margaret Collins of Kent wrote: sent to speak as if in morning business other Government programs. In fact, ‘‘Keep Social Security money for So- for 10 minutes. by categorizing his spending requests cial Security only.’’ The PRESIDING OFFICER. Without as ‘‘emergencies,’’ he plans to spend a Alice Crawley of Seattle wrote: ‘‘I am objection, it is so ordered. large part of the surplus he himself 82 years old and I say they should use Mr. DORGAN. Thank you, Mr. Presi- designated for saving Social Security any available surplus, Social Security dent. in January. and otherwise to preserve and protect f Frankly, I question the legitimacy of Social Security.’’ the ‘‘emergencies’’ identified by the Mr. and Mrs. Bill Pennock of PRIORITIES OF THE 105TH President—the year 2000 computer Redmond wrote: ‘‘The American people CONGRESS problem, military responsibilities in pay into Social Security believing the Mr. DORGAN. Mr. President, one of Bosnia, and the decennial census. money will be there when they retire. the items up for consideration as we October 6, 1998 CONGRESSIONAL RECORD — SENATE S11541 finish this 105th Congress is H.R. 10, Congress. I have told about a young have people saying, ‘‘How high?’’ But the so-called financial modernization second grader at the Cannon Ball ele- what about the second graders? What bill. In fact, we have gone through a mentary school. Let me just talk about about the Cannon Ball school? What cloture vote on the motion to proceed this issue again, because school mod- about the Ojibwa school? I could go on to that bill. H.R. 10 is a piece of legisla- ernization does not seem to be a prior- talking about the school construction tion that apparently has fairly wide ity. Apparently, second graders are not needs in our country and in my State, support, I am told, in this Congress. I big shots. They do not have the same and especially on Indian reservations, do not happen to support it, but I as- clout with this Congress. about which we ought to do something. sume we will go through a period this The school in Cannon Ball, just on I know the Senator from Massachu- week of debating and voting on a series the periphery of an Indian reservation, setts wanted to make this point with of procedural motions dealing with is a public school. It is open today. respect to the Patients’ Bill of Rights. H.R. 10. Those little kids, mostly Native Amer- Talk about modernization, what about It is a 600-page bill, and it will make icans, are in their crowded classrooms. modernization with respect to the de- the most sweeping changes to the fi- There are 160 students and staff in that livery of health care? Is it modern to nancial sector and particularly the school with only one water fountain have a health care system in which banking and other financial industries and two bathrooms. Part of the school people do not get the medical care they since the 1930s. This piece of legislation that is now being used had previously need? repeals the Glass-Steagall Act, which been condemned. It is an old, old, old The Senator from Massachusetts has restricts the ability of banks and secu- building in desperate disrepair. been talking about the Patients’ Bill of rity underwriters to affiliate with one One of the rooms they use for music Rights. We cannot even get a vote on another. is in the downstairs area. They more it. It is very simple. It says that, when The bill creates a new category of fi- than occasionally cannot use it be- you are sick, you ought to be able to nancial holding companies. The struc- cause the stench of sewer gas comes up have a doctor or a health care plan ture will allow for a broader range of and fills that area, and they have to that tells you all of your treatment op- financial services now to be done in one evacuate that area. And a little second tions, not just the cheapest. And yet affiliated area—commercial banking, grader came up to me when I toured today all across this country people insurance underwriting, merchant that school, and asked, ‘‘Mr. Senator, find HMOs saying, ‘‘We will only tell banking. will you build us a new school?’’ Well, you what the cheapest option is, not I do not know whether most people the answer is, modernization of a all of your options, as a patient.’’ have forgotten the lessons of the 1930s, school building does not apparently Mr. KENNEDY. Would the Senator but in the 1930s it was thought that have the same priority to this Congress yield for a question? perhaps we ought not to merge or as modernization of our financial sys- Mr. DORGAN. I would be happy to marry in any way inherently specula- tem. yield. tive activities with banking because Instead of financial modernization, Mr. KENNEDY. I have before me— banking requires the perception—even how about modernization of the Can- and I will include in the RECORD—an just the perception—of safety and non Ball school so that little girl, excellent letter written by representa- soundness to survive and do well. Safe- Rosie, age 7, can walk into a second tives of 30 different organizations rep- ty and soundness is critical. grade classroom that we can be proud resenting women. I would like to ask if When you bring into the realm of of, where you can hook a computer to the Senator would agree with me that banking activity that is inherently the Internet, a classroom that is not this issue involving the Patients’ Bill speculative, such as underwriting secu- going to have to be evacuated because of Rights has special importance to rities, insurance underwriting, mer- of seeping sewer gas, a classroom that women. It does—as I will mention in chant banking, and a whole range of has a bathroom outside or a water just a moment—to those who have been other activities, it seems to me we fountain close by. What about her afflicted with breast cancer. And, of have just forgotten the lessons of the needs? What about the needs of all course, the nurses in this country are 1930s. And we are told that we must do those kids? all in support. this is the name of financial mod- Or maybe we can talk about the Ojib- But would the Senator agree with ernization. In order to be ‘‘modern,’’ we wa school. The kids there go to school this letter, which is sponsored by the 30 must decide to step forward and change in trailers that are overcrowded and organizations? I will include it in its the structure of these financial institu- unsafe and classrooms that have been entirety. tions. condemned—and this Congress knows Few issues resonate as profoundly and per- This country learned tough lessons it. There is going to be a desperate ac- vasively as the need for quality health care, the very hard way decades ago about cident there some day. There is going and women have a particular stake in the marrying banking activities with other to be a fire spread across those trailers changes in our health care delivery system. Women are the primary consumers of health activities that are inherently specula- with their wooden fire escapes. My care services in this country, and we have tive. I know they say, gee, we have cre- deep concern that somebody is going to unique health care needs. Women also take ated these affiliates with firewalls, all die unless somebody takes action first. care of the health care needs of our families, that sort of thing. I have heard that all Study after study after study shows from children to elderly relatives. Because of before. I heard that with the Saving that school to be unsafe, but there is the great impact any patient protection bill and Loans. The taxpayer got stuck for no money to modernize that school. will ultimately have on women, we ask that $500 billion bailing out the S&L mess. Those little children on the Turtle you support real reform that will truly im- I think this bill represents a huge Mountain Indian Reservation go to the prove women’s health. The Patients’ Bill of Rights Act (S. 1890) step backwards for this country. For Ojibwa school in conditions that, in my takes the needs of all consumers seriously, that reason, I do not support the legis- judgment, should not give any of us and it pays particular attention to the needs lation. I will speak more about it at pride that we send our children of women. The genuine and often unique con- some point later. through its doorway. cerns of women are woven into the fabric of But the thing I find interesting is We can do something about it. We this bill. S. 1890 recognizes that women’s this rush to complete H.R. 10 right can modernize those schools. We have health can only be improved by comprehen- now. The big shots want financial mod- had proposals on the floor of the Sen- sive reform. ernization and the halls are filled with ate for school construction, but guess I am just wondering if the Senator people who are working to get H.R. 10 what? The funds to modernize those would agree, first of all, as a strong done because the big economic inter- schools is not nearly as important as supporter of the legislation, that he be- ests in this country want financial modernizing our financial system be- lieves that the Republican leadership is modernization. cause H.R. 10, the financial moderniza- derelict in its duty by failing to bring But what about school moderniza- tion bill, has all kinds of folks in dark up legislation that can have that kind tion? I have been on the floor of this suits standing out here lobbying for it. of importance to the mothers and to Senate talking about school construc- They have a lot of clout, a lot of re- the wives, to the sisters, to the daugh- tion, I guess maybe 10 times in this sources. When they say, ‘‘Jump,’’ we ters, of families in this country? S11542 CONGRESSIONAL RECORD — SENATE October 6, 1998 This is supported by 30 organizations Rights. I regret we have not been able ship’s bill (S. 2330), does not include the pa- that represent women, children, and to debate that. tient protections listed above. It attempts to families. I yield to the Senator from Massa- address a few of these issues (ob-gyn serv- Does the Senator not agree with me chusetts. ices, continuity of care, appeal procedures), Mr. KENNEDY. Mr. President, to but in each case the provisions fall consider- that the Republican leadership has ably short of S. 1890. As a result, the bill does been derelict in failing to give us an conclude, I ask unanimous consent to almost nothing to correct the problems that opportunity to address these issues have printed in the RECORD the cor- insured women encounter every day with which are central to the concern of respondence from various women’s their health plans—the very point of enact- women in our society and their health groups, including the No. 1 consumer ing patient protection legislation. care needs? group in terms of protection of women, The bill’s sponsors tout Title V of the bill Mr. DORGAN. I agree that there has the Breast Cancer Coalition, 450 orga- (entitled ‘‘Women’s Health Research and Prevention’’) as responding to the needs of been a concerted attempt to prevent nizations that support this legislation, and the American Nurses Association, women. But this title consists mostly of rou- legislation of this type from coming to tine reauthorizations of research and public the floor of the Senate under regular who strongly support the legislation. health programs that Congress must attend There being no objection, the mate- order. to as part of the usual course of business. It is apparently not a priority. In rial was ordered to be printed in the Initiatives such as these have bipartisan sup- RECORD, as follows: fact, not only is this apparently not a port, but have stalled in committee for 18 JULY 29, 1998. priority but they have also deliberately months. Now that these proposals have the Dear Senator: The undersigned organiza- backing of the leadership, we hope they can attempted to prevent us from having tions work on a range of issues that are im- be passed swiftly. But let’s not be fooled— the opportunity to enact HMO reform, portant to women, including women’s these provisions, regardless of their obvious the Patients’ Bill of Rights, school health, and together we speak for millions of merits, do not turn S. 2330 into a patient pro- modernization, and so on, because it is women around this country. As women’s or- tection bill that meets the needs of women. not something they want to do. ganizations, we understand the needs and Only S. 1890 offers the range of common- concerns of women. We urge you to support sense patient protections that women need. I think this is a misplaced set of pri- the Patients’ Bill of Rights Act (S. 1890) be- orities. We need to invest in women’s health re- cause it is the only bill that provides com- search, but not as a substitute for com- Mr. KENNEDY. Will the Senator prehensive and genuine patient protections prehensive patient protections. We urge you agree that is one of the most important for the millions of Americans enrolled in to support S. 1890 and not S. 2330 when these issues before families in this country? managed care plans. bills come to the floor for a vote. We believe, as supporters of the Pa- Few issues resonate as profoundly and per- Sincerely, vasively as the need for quality health care, National Partnership for Women & Fami- tients’ Bill of Rights, Senator and women have a particular stake in the lies; American Association of Univer- DASCHLE’s bill, that doctors ought to changes in our health care delivery system. sity Women; American Nurses Associa- be making decisions with regard to the Women are the primary consumers of health tion; Association of Women’s Health, health of women in our society. That is care services in this country, and we have Obstetric and Neonatal Nurses; Catho- the key underlying difference between unique health care needs. Women also take care of the health care needs of our families, lics for a Free Choice; Church Women the Patients’ Bill of Rights and other United; Coalition of Labor Union substitutes, but this is a matter of ur- from children to elderly relatives. Because of the great impact any patient protection bill Women (CLUW); Feminist Majority; gency, a matter of importance. will ultimately have on women, we ask that MANA, A National Latina Organiza- The PRESIDING OFFICER. The time you support real reform that will truly im- tion; National Abortion Federation. of the Senator from North Dakota has prove women’s health. National Abortion and Reproductive expired. The Patients’ Bill of Rights Act (S. 1890) Rights Action League; National Asso- Mr. DORGAN. Mr. President, I ask takes the needs of all consumers seriously, ciation of Commissions for Women and it pays particular attention to the needs (NACW); National Association for Fe- unanimous consent for 2 additional male Executives; National Association minutes. of women, The genuine and often unique con- cerns of women are woven into the fabric of of Nurse Practitioners in Reproductive Mr. CRAIG. May I inquire how much this bill. S 1890 recognizes that women’s Health; National Black Women’s time remains in morning business health can only be improved by comprehen- Health Project; National Committee under the order? sive reform. Some of the provisions in S. 1890 for Responsive Philanthropy; National The PRESIDING OFFICER. The re- that will improve women’s health include: Family Planning and Reproductive maining time is about 18 minutes, until letting a patient’s own trusted health care Health Association; National Organiza- 11:30. professional make important treatment deci- tion for Women; National Women’s Mr. CRAIG. The Senator from West sions like how long a patient stays in the Conference; National Women’s Law Center. Virginia and I would also like some of hospital; ensuring and streamlining access to specialty care, including access to non-net- NETWORK, A National Catholic Social that time if at all possible prior to work specialists (at no additional cost) when Justice Lobby; Older Women’s League; 11:30. If you would take that under con- the plan can’t meet the patient’s needs; giv- Religious Coalition for Reproductive sideration, I would not object. ing women the option of having direct access Choice; RESOLVE, The National Infer- The PRESIDING OFFICER. The Sen- to ob-gyn services or choosing an obstetri- tility Association; United Methodist ator has 2 more minutes. cian/gynecologist as a primary care provider; Church, General Board of Church and Mr. CRAIG. I require no more than 10 ensuring access to clinical trials that may Society; Wider Opportunities for minutes. save women’s lives; ensuring that pregnant Women; The Woman Activist Fund; Mr. DORGAN. Mr. President, I appre- women can continue to see the same health Women Employed; Women’s Institute care provider throughout pregnancy if either for Freedom of the Press; Working ciate the indulgence of the Senator their provider leaves the plan or their em- Women’s Department, AFL–CIO; YWCA from Idaho. ployer changes plans; allowing health care of the U.S.A. Let me make one final point, and if professionals to prescribe drugs that are not the Senator from Massachusetts wishes on the plan’s predetermined list when such STATEMENT OF BEVERLY L. MALONE, to make a final point in the form of a drugs are medically indicated; providing a PRESIDENT, AMERICAN NURSES ASSOCIATION question, I will yield. fast, fair, consumer-friendly independent ap- PRESS CONFERENCE ON MANAGED CARE AND The point is that health care deci- peal whenever a plan’s decision to deny or WOMEN’S HEALTH sions ought to be made in a doctor’s of- limit care jeopardizes life or health; having Good afternoon. I am Beverly Malone, an internal quality improvement system fice or in a hospital room, not by some President of the American Nurses Associa- that measures performance on health care tion. insurance company accountant 500 or issues that affect women; collecting data ANA is proud to be one of the signatories 1,000 miles away. That is the point the (and providing a summary of it to enrollees) of this letter urging members of the Senate Senator from Massachusetts is making. that allows plans to evaluate how they are to support S. 1890, the Patients’ Bill of That is the point that is made in the meeting the health needs of women; incor- Rights Act. It is the only bill that provides underlying legislation dealing with a porating gender-specific medicine when de- comprehensive and genuine patient protec- Patients’ Bill of Rights. It is a criti- veloping the plan’s written clinical review tions for the millions of Americans enrolled cally important point. criteria; and ensuring that providers and pa- in managed care plans, protections that are tients are not discriminated against on the of particular importance to women. We ought to have been able to debate basis of sex or other characteristics. Nurses have long been in the forefront of fully under regular order the piece of The other health reform bill that the Sen- efforts to recognize and provide for the dis- legislation called the Patients’ Bill of ate may soon consider, the Senate leader- tinct health care needs of women. As patient October 6, 1998 CONGRESSIONAL RECORD — SENATE S11543 advocates, most of whom are themselves over research, clinical trials, and public pol- that has been far less than his term in women, and as health care providers who icy and to ensure access to quality health office. The fact that the President has focus on the health of the whole person, care for all women. NBCC recognizes that actually planned to stay in town for a nurses have a special concern for the well- the evolving health care system affords us week is, in my opinion, a bit news- being of women in our society. the opportunity to define and focus on true ANA strongly supports the patient protec- quality of care for women and their families. worthy. tions recommended by the President’s Com- We cannot afford to let this opportunity The President is supposed to be the mission on Consumer Protection and Quality pass. head of our country. Instead, I suspect in the Health Care Industry and embodied in The NBCC believes that breast cancer pa- that Bill Clinton has been our coun- Patients’ Bill of Rights of 1998. As a member tients have fundamental rights, including: try’s feet. This President is already the of the Commission, as a nurse, as a woman, the right to receive accurate information most foreign-traveled President in U.S. and as a representative of the millions of about their health plans; access to the right history, with 32 trips abroad in less registered nurses in the United States, I say providers; involvement in treatment deci- than 6 years in office. In just the last 2 without reservation that the nursing profes- sions that are based on good science; con- sion’s commitment to our patients demands fidentiality of their health information; and years, he has spent 79 days overseas. our commitment to legislation that will pro- coverage for routine health care costs associ- Those 79 days abroad in 2 years are al- vide true protection from the abusive prac- ated with participation in clinical trials. S. most as many days as President Bush tices of the managed care industry. 1890 guarantees patients these rights and of- spent during his 4 years in office. Nurses who are at the bedside when women fers women a legitimate ‘‘Patients’ Bill of If and when he has come home to the undergo the trauma of breast cancer and Rights.’’ United States does not mean that he mastectomy are acutely aware of a broad Other bills being considered by the Senate came home to the White House. Presi- range of unsafe and insensitive practices that are being marketed as women’s health dent Clinton spent almost half of last that threaten the health and safety of their bills do not in fact give women the sub- year, 149 days, and over half of this patients. Certainly, requirements by health stantive protections that they need. Instead, plans that women undergo mastectomies as the bills offer routine reauthorizations of re- year, now 155 days, out of the White outpatient procedures are unconscionable. search and public health programs that Con- House. What has he been doing while But that practice is symptomatic of more gress must attend to as part of the usual logging those frequent flier miles on pervasive dysfunctions in the health care course of business. While these provisions Air Force One? Well, a lot has been system that impact women disproportion- and efforts to move them forward quickly fundraising; 65 days over just the last 2 ately and must be addressed as well. It is not are extremely important, they do not trans- years have included out-of-town fund- enough to address only one instance of inap- form proposed health reform legislation into raising trips, and 14 more are planned propriate interference in treatment deci- a women’s health care bill. To ensure true sions. In fact, offering a token rather than a for this month alone. quality health care for women and their fam- Now the President is back in town genuine reform is shameful when there is ilies, we need legislation, such as S. 1890, such suffering in so many other areas. which offers comprehensive patient protec- for one of his rare weeks in Washing- My colleagues from the women’s commu- tions against the problems that insured ton. What did he do on his first day at nity who are here today know that aging women encounter every day with their work yesterday? He sought, once again, women suffer the effects of prescription drug health plans. to divert attention from his own prob- limitations that do not allow for their com- One of the NBCC’s most pressing concerns lems—this time, by threatening to shut plex health requirements, that the scourge of is that health insurance and managed care down the Government. It is hard to tell breast cancer requires not only humane plans are erecting barriers to good science by if this President has come back to treatment but access to clinical trials so increasingly refusing reimbursement for rou- town to simply repack his bags or to that true progress can be made for future tine patient costs when breast cancer pa- generations, and that women who make tients participate in approved clinical trials. take, or attempt to take, Congress hos- health care decisions for themselves and for This practice is preventing us from finding tage. their families must have full information on desperately needed scientific answers about President Clinton appears intent on which to base those decisions. breast cancer and severely affects the treat- making the sequel to the movie ‘‘Wag The Americans Nurses Association believes ment breast cancer patients receive. Only the Dog.’’ The President hasn’t partici- that every individual should have access to three percent of adult cancer patients are en- pated in the process of government at health care services along the full contin- rolled in clinical trials—insurance reim- all this year, and now he returns, seem- uum of care and be an empowered partner in bursement is often a major obstacle to clini- ingly, to attempt to shut the process making health care decisions. We also be- cal trial participation. In fact, one of our lieve that accountability for quality, cost-ef- NBCC members who participated in an NCI down. I have to say I think this is a bit fective health care must be shared among clinical trial five years ago, only recently re- of diversion. I don’t believe it is leader- health plans, health systems, providers, and solved her legal battles with her insurance ship. consumers. There is only one bill before the company over coverage of the costs associ- Is it unfair to criticize? Is it partisan Senate which will provide that kind of access ated with the NCI trial. The Patients’ Bill of to be harsh? I asked myself that ques- and empowerment and accountability for the Rights Act is an important first step in en- tion before I came to the floor this women of our nation and their families. suring third party coverage for the routine morning. I don’t think so. Here is why Nurses at the bedside have learned what patient costs incurred within a clinical trial. happens when frail, older women receive in- I don’t think so. Consider just two The NBCC is prepared to work with the issues that we all believe are important appropriate medications, or when mammo- Congress, and will mobilize our nation-wide grams come too late, or when misinforma- network of advocates to ensure that mean- issues, that even the President has ac- tion or misunderstanding lead to dangerous ingful legislation like the Patients’ Bill of knowledged are important. delays in care. For the nurses at the bedside, Rights Act is enacted into law. We offer In just a few moments we are going the need for patient protection and patient thanks to all of the leaders gathered here to resume debate on a most important advocacy is played out every day, and we today for their work to ensure that breast piece of legislation, the agricultural urge every Senator to support S. 1890, the cancer patients and all American women and appropriations. It is on that that I Patients’ Bill of Rights Act of 1998. families receive quality health care. want to speak for just a few moments, f an issue that President Clinton once STATEMENT OF FRANCES M. VISCO, PRESI- ignored. He ignored solutions to help DENT, NATIONAL BREAST CANCER COALITION SCHEDULE OF THE PRESIDENT PATIENTS’ BILL OF RIGHTS ACT OF 1998 farmers and ranchers. He didn’t speak Mr. CRAIG. Mr. President, I come to about them in his first term of office Once again, on behalf of the 450 organiza- tions and tens of thousands of individuals the floor today with a revelation that I and has spoken little about them in his who are members of the National Breast suspect will come as a bit of a surprise second term. Now we have legislation Cancer Coalition (NBCC), I would like to re- to some of my colleagues and to a few that we think will help farmers and confirm our support for the ‘‘Patients’ Bill of Americans. Mr. President, fellow Sen- ranchers, and on his first week back in Rights Act of 1998’’ (S. 1890). I applaud Sens. ators and fellow Americans, President town he says ‘‘I’ll veto it.’’ Daschle and Kennedy for introducing a bill Bill Clinton, is in town. That is right. ‘‘Agriculture’’ is a word that this which offers real patient protections benefit- The President is actually in the White President hasn’t found a place for in ting women and the potential to help ensure House today. his vocabulary. Why? Because Amer- effective, quality health care. The NBCC is dedicated to the eradication For any who have followed the Presi- ican farmers make up less than 3 per- of breast cancer through action and advo- dent’s extensive travel throughout his cent of the American public. They cacy: it seeks to increase the influence of term in office, you would notice that I don’t have as much political clout as breast cancer survivors and other activities say his ‘‘time in Washington’’ because they once had. So this President hasn’t S11544 CONGRESSIONAL RECORD — SENATE October 6, 1998 addressed this issue. But just now, Well, I suspect that if the solution to islators, must regretfully remember when American agriculture is in crisis Social Security had been in Beijing, or that, just a few months ago, some of and this Congress, in a bipartisan way, Chile, or Ghana, or Uganda, or Rwanda, our nation’s schools looked more like is attempting to find solutions to that or South America, he might have found virtual war zones with bloodshed and crisis, our President comes to town, it there because that is where the the tragic loss of life. From Paducah, finds his footing, and says, ‘‘I’ll veto President was. Why now, the last week KY, to Springfield, OR, the notion of the effort.’’ that Congress plans to be in session, schools as a safe haven was shattered Mr. President, that is fair if you had with a schedule that was established at by the sound of gunfire, and we must been part of the process, if you had the first of the year, did the President now begin to face the formidable chal- been in here working with us, if there find his way back to the White House lenge of rebuilding that serene and had been legitimate give-and-take and to sit and only threaten—threaten to tranquil school environment that each finally a breakdown. That is not the veto here, threaten to veto there? and every student deserves. case at all. Mr. President, are you planning to Today, responding to my concerns The President was absent—traveling, shut down the Government? Is it a plan about this trend, I am unveiling a new fundraising—away from what is most for diversion? Is it a plan to hide? Well, branch of my web site which contains important. So he seeks now to make up we have some problems and we are the most up-to-date and accurate infor- for his absence by having not just one going to work to solve them. Those so- mation available from authoritative position on agriculture but three posi- lutions should come in a bipartisan sources on school safety. I have de- tions. First of all, he asked for about way. Mr. President, I hope you will be signed this web site to be an electronic resource book, complete with descrip- $2.3 billion in assistance on September a part of the solution. The American tions of school safety initiatives under- 22. That was just 2 weeks ago. Congress people deserve nothing less than that. way in West Virginia, updates on fed- then roughly doubled that amount. Yet I don’t like coming to the floor to eral funding available for violence pre- now, to hide the fact that he had not give these kinds of speeches, but some- vention efforts, and the latest informa- been paying attention to American ag- times I feel they are important. Some- tion on legislation moving through the riculture, President Clinton is demand- times I feel it is important for the Congress. I hope that this addition to ing more, much more—nearly $7 bil- American people to recognize, as we do, my web site will serve as an important lion. And now he threatens to veto leg- that there are times when we work to- tool for parents, students, educators, islation that Congress will send to gether and not times when we simply and lawmakers in addressing the issue him—legislation that will give twice find our footing to threaten or to of school safety in West Virginia and in the money that he asked for less than change the subject or to divert atten- other States. a month ago. tion. In concert with the release of my For 2 years, he has failed to use the Is the Presidency in crisis today? school safety resources web site, I am tools that could have addressed the ag- Yes, it is. We all know why it is. That also introducing companion legislation riculture problems in substantial ways. is a constitutional tragedy. That will in the Senate today to Representative He has ignored the tools—tools that I work its will. The House is underway BOB WISE’s recently introduced legisla- have requested the President not let in that process. Let us be allowed to tion, H.R. 4515, to provide for the estab- rust away in some storage shed down work our will to solve the problem of lishment of school violence prevention at USDA, tools of trade, tools of trade financing our Government for the com- hotlines. Often, a potentially harmful intervention, humanitarian aid. All of ing year. student confides in his closest friend those kinds of things that would have I yield the floor. about his intentions to launch a vio- moved our products into the market Mr. BYRD addressed the Chair. lent attack on school premises. Or per- were not used and have gathered rust The PRESIDING OFFICER. The Sen- haps, teachers notice a change in a stu- and sat idle. Why, then, is the Presi- ator from West Virginia is recognized. dent’s demeanor or an action com- dent coming back almost in an effort Mr. BYRD. Mr. President, I have pletely uncharacteristic of a happy, to demand a scorched-Earth policy? Is some remarks, which may require 10 or well-balanced child. Occasionally, the it politics, or is it the wag factor that 11 or 12 minutes. parents of an otherwise cheerful, ami- is now at work? I am not sure. But, Mr. I ask unanimous consent that I may cable son or daughter detect hostility President, I think you have little credi- be recognized for such time as I may in their child’s voice when talking bility in this area. consume, and that the previous order about a particular group of students. Let me discuss just one other area to proceed with the Agriculture con- All of these scenarios may be just a bad briefly. I know the Senator from West ference report be delayed until I com- day on the surface or semantics mis- Virginia is waiting. plete my statement. interpreted, but they also may be the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there first signs of a potentially threatening ator’s 5 minutes have expired. objection? student. Mr. CRAIG. There is the issue of So- Without objection, it is so ordered. My legislation would provide funds to cial Security. So important was it that f local education agencies and schools the President declared it in his State of that have established or proposed to es- the Union Address as an effort to save SAFE SCHOOLS: A MUST FOR THE NATION tablish school violence prevention hot- Social Security. Yet, the President has lines. It is essential that parents, stu- not bothered to make one step in that Mr. BYRD. Mr. President, with the dents, and teachers have an outlet direction. The Congress waited a year, new school year now in full swing, our where they can report threatening sit- but no plan came from the White youngsters are brimming with the ex- uations to authorities who will watch House. Just as with the farm crisis, he citement of making new friends, radi- over the student’s behavior and alert has only managed to use it—not ad- ating enthusiasm for new studies, and school officials. School violence hot- dress it, much less solve it. Like the preparing for the challenges that lie lines can prevent a disturbed student farm crisis, he sought to use it to turn ahead of them. Students are tackling in need of help from taking that next, attention from himself. Instead of new reading assignments and commit- sometimes fatal, step. buckling down, this President has trav- ting algebraic formulas to memory. I have long been concerned about the eled around; over half of the days of During recess hour, they are frolicking increasing incidence of violence in the this year the President has been out of in the school playground with new classroom and have supported numer- town. He has found time to travel, he classmates and old friends, enjoying ous efforts to combat this kind of out- has found time to go overseas, he has the waning days of shirt-sleeve weath- rageous behavior and strengthen dis- found time to fundraise; but he has not er. They feel safe and secure—free from cipline for all students. After receiving found time to send any one plan to threatening situations and out of a disturbing report in 1990 from the save Social Security to the Congress of harm’s way. Centers for Disease Control and Pre- the United States, or any one plan to But as our children leave home each vention which stated that nearly twen- alleviate a farm crisis that is now morning for the school day, we as par- ty-four percent of West Virginia’s stu- emerging. ents, grandparents, educators, and leg- dents between grades nine and twelve October 6, 1998 CONGRESSIONAL RECORD — SENATE S11545 carried a gun, knife, or other weapon Congress is, once again, honing in on not learning. We owe our young people to school at least once during that year the issue of school safety. In more re- today the chance to learn and excel in for self-protection or use in a fight, I cent efforts, as part of the Fiscal Year an environment free from guns, knives, began looking for ways to better ad- 1999 Commerce/Justice/State Appro- and other weapons. dress the problem of school violence. In priations Bill, the Senate approved $210 One of the National Education Goals, 1994, when Congress passed the Improv- million for a new national safe schools as included in the Goals 2000 legislation ing America’s Schools Act in an effort initiative to assist community-level ef- enacted in 1994, states ‘‘all schools in to reauthorize and improve the exist- forts. Of that funding, $175 million is to America will be free of drugs and vio- ing Elementary and Secondary Edu- increase community policing in and lence and the unauthorized presence of cation Act, I offered two amendments around schools. firearms and alcohol, and offer a dis- aimed at reducing the level of school Just a few weeks ago, as part of the ciplined environment that is conducive violence. Fiscal Year 1999 Labor/Health and to learning by the year 2000.’’ To ac- First, the Congress adopted my pro- Human Services,/Education and Relat- complish that goal—it is almost going posal directing local school districts to ed Agencies Appropriations Bill, the to be impossible—we must send a mes- refer to the criminal justice system Senate Appropriations Committee re- sage loud and clear that we will not any student who brings a weapon to ported out legislation which contains tolerate weapons in our schools. school. Possession of a weapon on more than $150 million for a com- Protecting our children is not simply school property is a crime, and when a prehensive school safety initiative to a matter of public policy. It is a matter crime occurs, the police should be noti- support activities that promote safe of basic values, of teaching children fied. While school discipline is an ap- learning environments for students. right from wrong and punishing those propriate and essential first step in Such activities may include targeted who insist on doing wrong, of instilling reprimanding a student for such a vio- assistance, training for teachers and them with respect for the law and pro- lation, it is simply not enough. Posses- school security officers, and enhancing viding them with limitations. Students sion of a firearm on school grounds is the capacity of schools to provide men- must know that they will be punished an outrage and a true impediment to tal health services to troubled youth. for doing the wrong thing, or for choos- the environment that teachers are Since the release of the 1990 report ing the bad route. striving to foster. from the Centers for Disease Control Mr. President, in the blink of an eye, The second amendment that I au- and Prevention, my home state of West we have lost the lives of precious thored in 1994, which was approved by Virginia has made great strides in ad- young children to school violence— Congress, required the U.S. Secretary dressing school violence, and is setting children who may have grown to be of Education to conduct the first major a true precedent for communities teachers, doctors, businessmen and study of violence in schools since 1978. around the country in helping to estab- In July of this year, the National Cen- women, and perhaps even future Sen- lish safe schools which support learn- ter for Education Statistics, in concert ators. We in Congress have a respon- ing for all children and the profes- with the Department of Education, re- sibility to stop this deadly trend from sionals who teach them. According to leased the results of this study, which striking other innocent families. The the West Virginia Department of Edu- was conducted with a nationally rep- time has long since come and gone for cation, incidents involving a weapon resentative sample of 1,234 regular pub- decency and sanity to re-enter the have decreased by sixty-nine percent lic, elementary, middle, and secondary schoolhouse door—let’s get moving. during the years 1994 through 1997, per- schools in all 50 States and the District Mr. President, I yield the floor. haps, in large part, due to short- and of Columbia. f long-term initiatives underway in the In a snapshot of the 1996–1997 school AGRICULTURAL, RURAL DEVELOP- year, the study revealed that, with State of West Virginia. Mr. President, our nation has been MENT, FOOD AND DRUG ADMIN- more than half of U.S. public schools ISTRATION, AND RELATED reporting at least one crime incident, grappling with the issue of improved school safety for years, and I am frank- AGENCIES APPROPRIATIONS and one in ten schools reporting at ACT, 1999—CONFERENCE REPORT least one serious violent crime during ly alarmed that American school chil- that school year, violence continues to dren continue to face increasing crime The PRESIDING OFFICER. The Sen- beset schools across this country, all and violence. It is time to stop wring- ate will now proceed to the conference too often resulting in fatal situations. ing our hands over this issue and take report on H.R. 4101 until 1:30 with the Back in my day, no student would action. time equally divided. have considered such lawless and un- We have a school system today run in The Senate resumed consideration of ruly behavior. We knew right from many instances by hoodlums who are the conference report. wrong, as it was instilled in us from converting sacred temples for learning Mr. FEINGOLD addressed the Chair. our parents, sometimes with the aid of into terror camps with innocent chil- The PRESIDING OFFICER. The Sen- a switch that we were made to fetch dren becoming casualties in scholastic ator from Wisconsin is recognized. ourselves. We were told that the class- ‘‘free fire’’ zones. We have teachers Who yields time? room was a sacred precinct. I was told working in fear, too anxious even to Mr. FEINGOLD. Mr. President, I ask that if I got a whipping at school I teach their students properly. We must unanimous consent the full hour be ac- would get a thrashing at home. get guns out of the schools and put an corded that was intended for the agri- The classroom was a place where end to this sense of panic which is per- culture appropriations bill. quiet prevailed and where students vading our nation’s elementary and The PRESIDING OFFICER. Without cherished the opportunity they had to secondary education system. I am objection, it is so ordered. learn, and that was the attitude we hopeful that these initiatives we have Mr. FEINGOLD. Mr. President, I adopted. Unfortunately, today, stu- promulgated in the Senate this year yield myself such time as I require. dents, many of them it seems, must be will begin the mission of setting our The PRESIDING OFFICER. Senator threatened by an impending obligation nation back on track. from Wisconsin is recognized. before the criminal justice system to One of the most important things Mr. FEINGOLD. Mr. President, I in- make them behave and, often, even that we can provide to our children is tend to vote against the Conference Re- that has proven inadequate in keeping the opportunity for a good education. I port on Fiscal Year 1999 Agriculture guns out of the hands of children and was afforded the opportunity to obtain Appropriations bill for a number of rea- off school properties. Mr. President, a good, solid education back when I sons. In the final version, the congres- what is it going to take to keep our was a student attending class in a two- sional majority has added a $3.6 billion students safe—metal detectors in every room schoolhouse. Today, we have unfunded emergency spending provi- elementary and secondary school in mammoth schools, with all kinds of sion, while simultaneously stripping the nation? Is that the direction in high-tech equipment, computers, and out consumer and farmer protections. which our country is headed? amenities that I never had or had never However, today I will focus on the In the wake of reports of violence and even heard of, or couldn’t even imagine worst provision in the conference re- tragedy at schools across the country, in those years. Yet our students are port. I am extremely disappointed that S11546 CONGRESSIONAL RECORD — SENATE October 6, 1998 the final version contains language can see, pricing milk based on its dis- But without a fair pricing system, they can- from the House bill extending USDA’s tance from Eau Claire, WI, is as arbi- not earn a decent living, and I cannot and rulemaking period on Federal Milk trary and ridiculous as pricing oranges will not encourage them to farm. That will Marketing Order Reform. Once again, from their distance from Florida, com- be a great loss to the world of agriculture. on the issue of milk orders, bad politics puters from their distance from Se- A letter from Bloomer, WI reads: prevailed over good policy. attle, or—even more shocking to some We, in the Upper Midwest are not asking This extension will require the new of us—country music from its distance for a handout, just a more level playing field. milk pricing system to be in place in from Nashville. But wait, now that I Fair competition and price reform is our October of 1999, instead of the original think about it, maybe Congress should only hope. date of April, 1999 set in the Farm Bill. pass legislation to price maple syrup Another constituent writes: Mr. President, officials at USDA have based on its distance from Burlington, In my opinion, just because a pricing sys- assured me that they did not request VT, and white wine on its distance tem has been in implementation for years, this extension nor do they need it. from California. While we are at it, lets doesn’t make it useful today. It must also House Appropriators argued that the pass a law to pay Members of Congress change with the times. How many more farms are we willing to let fall victim to the extension was necessary to give Con- according to the distance of their prejudiced pricing? . . . Its much easier to gress ample time to review, comment hometown from Washington, DC. put a pillow over our heads, roll over and ig- and act on the final rule. They claim Sound ridiculous? It is, just as the cur- nore the cry for help from the Wisconsin that if the rule were to be announced rent milk pricing system is ridiculous. dairy farmers . . . I realize changing the in late November, they would not have It would almost be funny if it weren’t present milk pricing system will not heal the time to act on it. Mr. President, let’s so destructively unfair to Wisconsin’s strained economics of dairy farming. It’s examine this argument because it does dairy farmers, undermining the liveli- only a step . . . I urge you to take this step not hold water. My House and Senate hoods of their families. and . . . hear the cry of dairy farmers like me. colleagues who support this provision Mr. President, the current system on these grounds surely remember pas- desperately needs reform, a reform the And finally, a dairy producer makes sage of the Small Business Regulatory Secretary of Agriculture has indicated this comment: Enforcement Fairness Act of 1996. This he is willing to make—but that some Eau Claire was chosen as the reference law empowers Congress and the courts members of Congress are very anxious point because it was judged by the govern- to prevent. This poster is an illustra- ment to be the center of the dairy industry’s to overturn regulations with Presi- most productive region. Since California now dential approval. This law gives Con- tion of today’s Federal milk pricing system—how milk is produced and produces more milk than Wisconsin, this gress 60 days to act, once a rule has [rule] should no longer apply. Maybe we been published in the Federal Register. priced in America. You can see that should change the [milk pricing] reference So, whether the rule is published in the price of milk begins not with the point to Fresno, California, to encourage late November, early December, or cow, but with the Congress. Its inter- dairy production in the Midwest. mid-February of 1999, Congress has 60 esting to note that the market and the These examples illustrate the need days of session to act. So this really farmer don’t enter into the equation for dairy pricing reform and illustrate tells us what is going on here. until two-thirds down the page. I could the state of Wisconsin’s dairy industry- Mr. President, this dairy provision walk you through all the confusing struggling needlessly under the burden was included solely to intimidate and steps shown here, but I understand we of current dairy policy. bully USDA and Secretary Glickman are scheduled to recess sometime in Mr. President, not only is legislating into an anti-Wisconsin dairy pricing re- October, and frankly, I would need dairy policy on this bill inappropriate, form. Instead of allowing USDA to do until mid-November to describe fully its bad precedent, it circumvents the its job, some Members of Congress the inequity of this system. appropriate committees, the Agri- This system has outlived its useful- want to do it for them, and do it to culture and Judiciary Committees, and ness, its patently unfair and its bad benefit their own producers at the ex- circumvents USDA’s authority. We policy. pense of dairy farmers in the Upper The extension of USDA’s rulemaking ought to give USDA the opportunity to Midwest. had another intent as well. Extending do the right thing for today’s national Let’s just take a look at the current the rulemaking period automatically dairy industry and put an end to the system which is shown on this chart, extends the life of the Northeast Inter- unfair Eau Claire system now, not 6 which some have called the Eau Claire state Dairy Compact. The 1996 Farm months from now. system. I like to call it the anti-Eau Bill requires a sunset of the Compact Mr. President, I urge my colleagues Claire system because it is an unfair when the new federal pricing system is to take a second look at this anti- system for Eau Claire, WI, and our en- implemented. At the rate Congress is quated and harmful policy. Stand up tire state—in fact, the entire upper going, tacking this issue onto appro- for equity, fairness, and for what is Midwest. priations bills, there is no telling when best for America’s dairy industry, our This chart shows that the Class I dif- implementation will now occur. consumers and our taxpayers. I yield ferential received by dairy farmers in The effects of the Compact on con- back the floor. Eau Claire, Wisconsin is $1.20 per hun- sumers within the region and producers Mr. COCHRAN addressed the Chair. dredweight. Believe it or not, Mr. outside of it is indisputable. Dairy The PRESIDING OFFICER (Mr. SES- President, Federal pricing policy dic- compacts are harmful, unnecessary and SIONS). The Senator from Mississippi. tates that the farther you travel from a burden to this country’s taxpayers. Mr. COCHRAN. Mr. President, I yield Eau Claire, WI, the higher your Class I The worst part of this entire 65 year myself such time as I may consume. differential. You will notice that the dairy fiasco is its effect on the produc- The PRESIDING OFFICER. The Sen- price in Chicago is $1.40, in Kansas ers in the Upper Midwest. The 6 month ator from Mississippi is recognized. City, Missouri it’s $1.92 and in Char- extension puts an additional 900 Wis- Mr. COCHRAN. Mr. President, we lotte, NC it’s $3.08 per hundredweight. consin producers at risk. Wisconsin begin consideration again today of the Our friends in Florida make $3.58 in loses approximately 3 dairy farmers a Agriculture Appropriations Conference Tallahassee, $3.88 in Tampa, and $4.18 day. Producers cannot stand 6 more Report. Yesterday we were on that re- in Miami. Dairy farmers in Miami days of the current program, let along port for 31⁄2 hours and had a full discus- make nearly $3.00 more per hundred- 6 more months. sion of views on the question of wheth- weight than farmers in the Upper Mid- I am truly troubled by this turn of er or not the conference report should west. Does that make any sense? Abso- events and would like to read into the be adopted. I was pleased to see this lutely not. record a few excerpts from letters I morning an assessment of the situation Let me illustrate this with another have received from struggling dairy by the Washington Post, in an editorial chart. farmers in my home state of Wisconsin. entitled, ‘‘The Appropriations Game.’’ I To illustrate just how senseless this From Pulaski, Wisconsin a constitu- read excerpts from that editorial: whole system is, I have borrowed this ent writes: In the agricultural bill, an election-year graphic from my colleague from Min- I would love to encourage my son or bidding war has broken out between the par- nesota, Senator ROD GRAMS. As you daughter to take over this farm someday. ties over aid to distressed farmers. This is October 6, 1998 CONGRESSIONAL RECORD — SENATE S11547 one from which the president should back crop losses, no loan rate is going to some very important needs that are away . . . The Democrats want not just to help them. There is nothing to put met in this legislation. Close to 65 per- give a larger amount but to do so in such a under the loan. cent of the funding in this appropria- way as to repudiate the last farm bill . . . The Washington Post points out, cor- tions bill that we are approving today The administration earlier in the year right- ly resisted the position it has now adopted; rectly, that we are not just in a bidding goes to help people provide for their it should revert. war on this bill—we are out of sorts be- own nutrition needs. That is the end of the quotation from cause the Democrats keep advertising The President may call this a veto of the Washington Post editorial. I think that their plan is worth $7 billion plus, a disaster assistance program, but that it appropriately points out the dif- and the Republicans only $4 billion; is one very small part of what he is ficulty we face in confronting a threat and therefore, the Democrats have a saying no to. He is rejecting the hard from the President to veto this con- preferable plan and one that would pro- work of many Members of this body ference report. It is not just about vide more benefits—but the fact is, you and the other body as well in crafting money. change the policy instead of providing a bill that meets the need for agri- The President is suggesting, through direct disaster assistance and you are culture research, for rural water and his Secretary of Agriculture and not necessarily delivering money to sewer system loans and grants, for eco- through the Democratic leadership, those people who need the disaster ben- nomic development initiatives in small that this conference report is unaccept- efits. towns and rural communities through- able, not because it doesn’t appropriate The $4.2 billion plan is a direct assist- out the United States. enough money, but because it doesn’t ance plan to those who qualify because If one looks at the amount of money change the policy that was agreed upon they have suffered losses, plus the addi- that goes to support production agri- in the 1996 farm bill and signed by this tional amount that is included in the culture in this legislation, it is minus- President. It changes a fundamental transition bonuses. cule compared to the total amount policy of setting Government loan We continue to debate the issue. I am being spent on other programs. Many rates and using them to encourage the hopeful the Senate will approve the in agriculture have said that this bill planning of some five or more specific conference report. We have voted twice should not even be named an agri- commodities. in the Senate, at the Democrats’ insist- culture appropriations bill—that there To get away from that old way of ence, on lifting the loan caps under the should be a more accurate way of de- Government support, the Congress and 1996 farm bill, and that has been re- scribing the funding that is contained the President, the administration, jected each time. We have voted twice in the bill. It doesn’t go to agriculture, worked together to develop an alter- on it, and twice it has been rejected. or at least not most of it, very little of native, a farm policy that would be Now the administration is saying if it, as a percentage of the total amount driven by the dictates of the market, you don’t reconsider those two deci- appropriated. But the President is will- the demands of the market, the signals sions, put that or something similar in ing to put at risk those programs that that the market would send to produc- the farm bill, in the disaster program, are funded in this bill to accommodate ers to indicate what prices might like- then the President will veto the bill. the interests of a few Senators who are ly be during a crop year, and farmers This is a $59.9 billion bill—$59.9 bil- suggesting that this is an unfair, an in- themselves would make the choice as lion. We are talking about a very small sensitive approach to providing disas- to what they would plant. part, a disagreement on a matter of ter assistance to those who have suf- Some call this Freedom to Farm— policy where the Democrats are trying fered weather-related disasters and suf- freedom to plant what you want to to get the Congress to be required by fered because of a downturn in the rather than what the Government dic- this President to repudiate a part of world economic situation. tates you have to plant in order to be the 1996 farm bill so some Senators, I We are confronting a serious crisis in eligible for Government support. To suppose, can go home and say, ‘‘I told American agriculture. This bill re- make this a transition where the Gov- you so; we had a better bill,’’ even sponds to that crisis by providing di- ernment wasn’t going to just say, ‘‘OK, though it has been pointed out clearly rect assistance to those who have been everybody, you’re on your own, farm- that under the old farm bill, under the harmed and who are eligible for transi- ers are on their own,’’ there would be a old policy that they are trying to rein- tion payments and weather-related dis- series, over 5 years, of transition pay- state pro tanto—a good law school aster benefits. ments made. phrase—they would be getting less I suggest the Washington Post is Interestingly enough, as pointed out money. right about this, and to repeat what by the distinguished Senator from Kan- Under the Freedom to Farm bill, all they say this morning in this editorial, sas, Senator ROBERTS, yesterday dur- farmers are getting more money from this is an election-year bidding war ing the debate, this year’s transition the Government as transition pay- from which the President should back payments are going to be higher. It was ments than they would have been eligi- away. assumed by the writers of that policy, ble to receive under the 1996 farm bill The Democrats want not just to give a the legislative committees, that at which they want to exhume, resurrect, larger amount but to do so in such a way as first farmers would really need to have breathe life into, and put back on the to repudiate the last farm bill. . . . The ad- higher payments. They were very pre- books. That is not a very impressive ministration earlier in the year rightly re- scient figuring this out and including proposal. That is not a very attractive sisted the position it has now adopted; it that provision in the farm bill. proposal, and this Senate ought to re- should revert. What we have suggested in our disas- ject it. And so the observers at the Washing- ter assistance plan is, not to change I hope there will be votes enough to ton Post have figured this out. I hope the policy, but to provide bonus pay- override the President’s veto. It has that Senators will resist the entreaties ments under the market transition for- been done before on an agriculture ap- being made to vote against this bill. mulas to increase the amount that all propriations bill. It was a long time This conference report ought to be producers who are eligible for these ago. But you usually don’t see a Presi- adopted. It is a fair allocation of re- payments would receive to help deal dent vetoing an agriculture appropria- sources across the programs that are with the income losses that are occur- tions bill. I hope somebody will get funded in the bill. ring because of lost markets in Asia around to pointing out what all is in I mentioned the Department of Agri- and elsewhere during this global eco- this bill for production agriculture, for culture programs that are funded in nomic crisis. the women, infants, and children feed- the bill that the President is willing to Then there are those who have sus- ing program, for food stamps for people put at risk and to create the uncer- tained weather-related disasters in cer- who are unable to provide for their own tainty and the anxieties among those tain areas, which has meant lost crops, nutrition needs, for school lunch and who are expecting benefits at the be- not just lost income, not just dimin- breakfast programs. ginning of this fiscal year. Right now ished yields, which the increased mar- I just came from a conference with we are operating under a continuing ket transition payments will help deal the House on a reauthorization bill for resolution. To veto the bill creates with. But, for those who have suffered child nutrition programs. We have more delay, more uncertainty, more S11548 CONGRESSIONAL RECORD — SENATE October 6, 1998 anxiety. It puts in jeopardy the very Now farmers know what the Federal the equipment that is purchased, the benefits we are trying to make avail- Government is going to provide in seeds, all the rest that go into this able for people now. transition payments that are outlined giant part of our economy—is very im- Farmers need help now. They are be- in legislation over a 5-year period. portant to our country. ginning to be skeptical of the whole Farmers can look at that. They can We generate a positive trade balance. process and promises that are made by make judgments about what is best for I think this year it is going to be al- the Federal Government. I would like their own farm operation, what the most $20 billion in trade surplus. This to do something to correct that. I market conditions are, so that they is comparing the amount and the value would like to make sure that Govern- can make decisions based on what is of exports with imports of agriculture ment is trusted again to do what it best for them at that farm in that crop and food products. promises to do and what it says it is year, given their own economic condi- The House just recently passed a tax willing to do, and many of us have been tions as to what they will do. They will bill, reported out of the House Ways trying to put together a package of not lose benefits because they make a and Means Committee. It was my hope benefits that makes sense, is supported decision to change the crop they are that we could take that bill up here by the facts, can be administered. planting. They would under the old and pass it in the Senate, because it de- We provide additional funds in this law. If you do not plant that same crop livers to farmers and farm families bill for the administration of the pro- that you are eligible for, you lose your some new tax benefits that can help gram. And it is going to cost more. We eligibility for any assistance from the them in this time of crisis on the farm have tried to work with the adminis- Government. and would be good policy changes for tration to determine the amount need- And another thing. If you do not the future, one of which permits a 5- ed so that there will not have to be make a crop, you cannot put any crop year carryback of operating losses. An- extra burdens assumed at county of- in the loan. You cannot put an empty other makes permanent the income fices throughout the country, where basket under the loan program that averaging provision of the more recent there will be an increase in the work- the Democrats are trying to resurrect. tax bill that was signed into law. An- load, where there will be more demands So if you would—like you have in other accelerates the phasing in of ex- made on the administration, the farm southern Georgia—have crop losses, emptions of inheritance tax and gift service agency in particular. and you just plowed up a field, and you tax for small businesses and farms. We have tried to cooperate with this did not even try to harvest it because That is very helpful to farmers and administration. It was our rec- it was burned up, increasing the loan farm families. Another provides 100 percent deduct- ommendation at the conference that rate would not help you—not a bit. ibility of the costs of self-employed these funds be added to help the admin- So my point is, the Democrats’ plan health insurance, health insurance for istration deal with it. And now they is not all that it is cracked up to be. It those people who work for themselves. turn right around and say, ‘‘We’re is more an expression of frustration. In the past, they weren’t able to deduct going to veto that bill because it is in- And I sympathize with the frustration consistent with the proposal made by the costs of that health insurance. in many parts of the country. It is an Under the bill that was reported out Senate Democrats on the Senate effort to grasp at some straw in the of the House Ways and Means Commit- floor,’’ that was twice rejected by the wind and hold out the hope that this is tee and passed by the other body, the Senate. ‘‘If you don’t include the disas- going to make everything right. total costs of that premium could be ter bill the way they want it written or We are doing a very workmanlike deducted from income tax. We should in that respect, then we’re going to job, in my view, of bringing together make that the law now. Farmers need veto this entire bill.’’ all of the different problems in agri- that now. Farm families need that ben- This entire bill, Mr. President, pro- culture and trying to design a program efit now. vides $56 billion in funding for a wide of benefits and assistance that helps Because of a threat by the Democrat range of programs, most of them nutri- farmers make it to the next year, helps minority, we can’t call that bill up. We tion assistance, as I mentioned. So I compensate them to the extent that are told there will be an objection. And hope the people in the country will some will be spared going into bank- if a motion is made to proceed to con- stop and think what this administra- ruptcy or having to sell their farms at sider the House bill, 60 votes would be tion is about to do to you if you are de- a forced sale. And it is that bad in required to shut off debate on the mo- pending upon and looking to the Fed- some areas. tion to proceed. So that bill is unlikely eral Government for support in nutri- We think this is a balanced approach, to be considered by the Senate, we are tion programs. If you have free and re- not only for this disaster assistance told, because of those objections and duced lunch and breakfast programs in program that is funded in this bill to that resistance. Again the President your schools, they are not going to be the extent of $4.2 billion. That is in ad- said, ‘‘If you pass it, I will veto that.’’ funded on time because this President dition to all the other transition pay- So farmers ought to know where the says, ‘‘I’m vetoing this bill because it ments that we are providing under the problem is. They are being told with doesn’t satisfy a few Senate Demo- existing law. And an option to obtain big speeches out here and a lot of crats.’’ an accelerated payment of next year’s charts that the Democrats are the That is not only bad politics, that is market transition payment, that is farmers’ best friend. The evidence is bad Government, and it ought to be re- available now in October because of a piling up on the other side of that ar- pudiated by the Congress. If the Presi- bill that was passed just recently. gument. I think it is going to become dent does insist on carrying out this We think the bill itself, the entire very, very clear that that is not the promise or this threat to veto the bill, conference report, justifies the support case. I hope the Senate will—if the House of this Senate and an overwhelming Here is another example. We have can—overturn the veto and not sustain vote to approve it and to send it to the been told that American agriculture is the President’s action. President. suffering right now—unfairness in the The Washington Post is right, the Before I yield the floor, Mr. Presi- international marketplace. People are President ought to go back to the posi- dent, I want to point out that this is erecting barriers to trade while we are tion he earlier had taken. The Presi- just one aspect of what is being done or trying to sell more in the market or dent signed the 1996 farm bill, and now what is attempted to be done by this break into a new market for agri- he is suggesting that we need to go Congress to help the outlook for farm- culture products and foodstuffs, that back and rewrite portions of it and ing in America and in agriculture. Our we are running into barriers of one that that will satisfy the needs of pro- economy—that is one of the most suc- kind or another, and that the importa- duction agriculture, that that would be cessful of any sectors of our economy tion of certain foodstuff—cattle, a better deal for farmers. The fact of in terms of its ability to export, to gen- wheat—from Canada violates existing the matter is, if we start going down erate income for people not just on the rules of fair trade in this hemisphere. that old road again, we will have an farm but at the store, driving trucks in For months, the administration has unworkable and unpredictable level of the transportation system, the inputs done absolutely nothing that I know of support from the Federal Government. that go into production agriculture, to try to deal with that situation. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11549 One thing they asked last year of the understand and address the agricul- farming to the market. The Freedom Congress was to enact fast-track nego- tural crisis that is now upon America’s to Farm bill reflected that and we tiating authority for the administra- production agriculture. He has joined made significant change to policy. We tion so agreements to adjust these with us—those of us here in the Senate also said government has a responsibil- problems, to resolve the difficulties, who come from strong agricultural ity to break down the political barriers could be negotiated and worked out. States—at every step along the way to that the chairman spoke about to ex- Congress would make a commitment see how we could resolve this under pand world trade, and yet the tools to that if fair agreements were worked current policy. I don’t blame his frus- do that are rusting down in the tool- out we would take them up under fast- tration. shed at USDA because they have failed track procedures and vote them up or I came to the floor just a few mo- to use them. Throughout the time this down. So the Speaker of the House, as ments ago to announce that the Presi- crisis was growing, not one kernel of we were working to put together the dent is in town for the full week for the grain was purchased for humanitarian disaster assistance program, agreed he first time in a good many weeks, and purposes. Yet, the Secretary had the would call up the fast-track authority the first thing he says is that he is tools to do it. The Secretary had the legislation in the House for a vote; the going to veto the agriculture appro- tools to enhance trade for the purpose Senate has acted. The House couldn’t priations bill. I am critical of this of moving the product that was stored pass it because the Democrats wouldn’t President. Mr. President, wake up. You out there on America’s farms, or in vote for it. A huge number of Demo- haven’t had a position on agriculture America’s granaries. Yet, that didn’t crats voted against it. The President, your entire term in office. Now you happen. And now, all of a sudden, when apparently without the ability to lead say, ‘‘I’m going to veto,’’ at a time we are trying to shape some form of aid on that issue in the House, couldn’t when this Congress has worked collec- to get us through this cropping season turn out the votes to pass the legisla- tively, on a very strong bipartisan vote and keep what American farmers say is tion he said was important, he said was on the House side just last week, 333 a good farm policy in place, the Presi- needed to help agriculture. The Repub- House Members, Democrat and Repub- dent takes time off from his world lican leadership called it up and most lican, on the very issue that we have travels and his campaign fundraising of them voted for it. on the floor now that the chairman has events to say, ‘‘I am going to veto this I am suggesting that is another ex- spoken to and that we will vote on this bill.’’ ample of a problem that we have here afternoon. Mr. President, I hope you will study in the government. I am not trying to I am not quite sure why he is doing it a bit and change your mind, because put this into a partisan debate to say that. I suggested this morning that if you think you are going to use an ad- that the Republicans are right on ev- maybe it was a bit of ‘‘Wag the Dog.’’ ditional $3 billion or $4 billion from the erything and the Democrats are wrong; I don’t want to make accusations, but surplus that you want to put in Social but I am pointing out these facts that why isn’t he helping us, working with Security to save Social Security, think exist in the context of trying to do us to resolve this, rather than simply again. It isn’t necessary and it isn’t something to help farmers and help ag- addressing it with a veto threat. needed, and I don’t think this Congress riculture. What has the bill to offer production is willing to provide it. Those are the Most people live outside the United agriculture? For the last several days, realities with which we are dealing. States, and if the growth is going to be we have laid out the amount of money The PRESIDING OFFICER. The time achieved in agriculture sales and we that is being spent that will go directly of the Senator has expired. are going to see increases in incomes to farmers to offset the market losses Mr. CRAIG. With that, Mr. President, and prices, we are going to have to sell that they have experienced, the very I yield the floor. more of what we produce in the export real and dramatic declines in commod- Mr. WELLSTONE addressed the market. Mr. President, 95 percent of ity prices that are going to place some Chair. the people in this world live outside of our very good farmers and ranchers The PRESIDING OFFICER. The Sen- the United States. It is that area of the in bankruptcy. We want to be sensitive ator from Minnesota is recognized. world where the population is growing to that. This Congress is being sen- Mr. WELLSTONE. Mr. President, the fastest. The needs are greater for sitive to that with a $4.2 billion pack- how much time do those in opposition foodstuffs. age. Payments directly to farmers who have? I hope, as Senators look at this prob- have experienced natural disasters— The PRESIDING OFFICER. Twenty lem and try to decide whether we are $1.5 billion for that—who through no minutes. doing the right thing or not by approv- Mr. WELLSTONE. Does the manager ing this bill, they will recognize we fault of their own, have lost their know whether or not others are going can’t solve every problem that this sec- crops; market loss payments, reflective to come over on our side? tor has in one bill. But this is a very of what has gone on in the Pacific Rim Mr. COCHRAN. If the Senator will positive step toward dealing with the and the loss of markets there, pay- yield, I think other Senators want to real crisis that exists out there in agri- ments of about $1.65 billion, directly speak, but not right now. We have an- culture today. I am hopeful that the down through to the farmer and the other hour, from 2:15 to 3:15, that will Senate will vote for this conference re- rancher; a multiple-year losses pro- port and that we will have a resound- gram of about $675 million; livestock be available for debate. So as long as ing vote to overturn and override the feed assistance for those areas that you see no competition on your side of President’s veto, if he insists on con- were ‘‘droughted’’ out who obviously the aisle, you have it all to yourself. tinuing down this path. It is wrong. It produced no feed for their livestock Mr. WELLSTONE. I thank my col- is not justified. I hope he will change this year and are having to reach well league. Mr. President, I had a chance to his mind. outside their barriers and pay premium I yield to the distinguished Senator price for hay to be brought in; and, of speak yesterday and I don’t want to from Idaho such time as he may con- course, emergency-related aid of about really repeat the arguments I made sume. $200 million. This bill is very sensitive yesterday. I do not intend to vote for The PRESIDING OFFICER. The Sen- to the needs of production agriculture. this bill today, but I think that by the ator from Idaho. What is the debate really about? Why end of the week, or at least I am hope- Mr. CRAIG. Mr. President, let me would the President want to veto a bill ful, we will be able to resolve our dif- join with my chairman, Senator THAD that provides so much at a time of true ferences and pass a farm relief bill that COCHRAN, chairman of the Agricultural need to production agriculture? As I will do the job—or at least will be a Appropriations Subcommittee, who said, it could be a ‘‘Wag the Dog’’ prob- huge help for family farmers in Min- spoke with a certain amount of frustra- lem, but more importantly it is prob- nesota and across the country. tion in his voice just a few moments ably a debate over significant prob- Mr. President, the President of the ago. He has every reason to be frus- lems. United States indicated on Saturday trated. We—Republicans—believe, and I that the farm relief bill—this bill that This chairman has bent over back- think American agriculture supports a we are looking at right now, which we wards in the last 6 months trying to recognition that farmers ought to be will be voting on—is inadequate. He S11550 CONGRESSIONAL RECORD — SENATE October 6, 1998 has said that more will need to be done the price crisis. The way they deliver like the rider that basically continues with farm relief. It will have to be im- this assistance is through a supple- another 6 months with the dairy com- proved before he can sign an Agri- mental or bonus transition payment, pact. I have dairy farmers in my State culture appropriations bill. I am hope- and that is where there is a big dis- who are going under because of very ful that either following the veto of agreement. The prices for our major unfair pricing mechanisms. this bill, or as part of the negotiations commodities, such as wheat, corn and In addition, I emphasis again, we are —and I think I have a different view soybeans, are 15 to 30 percent below the in agreement when it comes to crop from my colleague from Idaho, I am 5-year market average. Our $5 billion losses, disaster, people who didn’t have not sure—as part of the negotiations proposal to address the price crisis— the insurance because of wet weather, on the emergency supplemental pack- where there is the difference here— scab disease or whatever. We are not in ages, which may be included in an om- would lift the current caps on the loan agreement on the price. nibus appropriations bill, we will see rate and raise those loan rates about 57 There are two problems. The main an improved version of this farm relief cents a bushel for wheat, about 28 cents one is at the very minimum you have package. a bushel for corn, and over 20 cents a to target the price, whatever you do by I said yesterday to my colleague bushel for soybeans. This would not way of dealing with low prices. You from Mississippi, Senator COCHRAN, I only immediately boost farm income have to make sure that the payments much appreciate the work he has done. for the farmers of these commodities, are connected to the production of the We have come a significant way from but in raising the loan rate, it also has price. Too many of these transition where we were. This is a $4 billion re- a beneficial effect on market prices. It payments go to landowners, and not lief package. I think that given the po- tends to lift them up. That is why I necessarily producers. I don’t think sition the President has taken —and as think our proposal is superior. that makes a lot of sense. Some, like a Senator from Minnesota, I have cer- Mr. President, I worry about these soybean growers, won’t be helped at tainly requested that he take this posi- transition payments because I think all. tion; I have said I hope he will veto there are a couple of problems with I think we can do better on the price this bill or wait until we get some kind them. First of all, these payments are part. I think we have to do better if of relief package that I think would do based on the old farm program’s his- this relief package is going to do the a better job. I have to continue to fight toric yields. Farmers such as tradi- job. I think we have some differences as long and as hard as I can for family tional soybean farmers, who never had out here. They are honestly held dif- farmers in my State, for what I think a program based on the old program, ferences. All of us care about agri- will be most helpful to them. Frankly, don’t get any of these AMTA pay- culture. All of us know what the eco- I believe that given the Senators who ments. That is one huge problem. On nomic and personal pain is out there in are dealing with this question on both the other hand, it is possible for some the countryside. sides of the aisle—we all care fiercely people who might not even have plant- Some are quite often critical of some about agriculture, and I think we have ed a crop to receive them because the of the President’s policies, but I thank an understanding about it—I don’t see Freedom to Farm—or what I call the him for exerting strong leadership on any reason why, by the end of this ‘‘Freedom to Fail’’—payments are com- this question and for making it clear week, given the position the President pletely unconnected to production or that surely this week in negotiations has taken, we can’t have some really price. we can do better. We can come up with strenuous, but I think substantive, ne- I have to tell you, that is the key an even better package. gotiations and come up with a much issue. That is the key difference. At My colleague from Mississippi brings better relief package. the very minimum, in dealing with the a package out here that is an impor- Now, this relief package that my col- price crisis, we ought to make sure tant start. We are going to get the job league, Senator COCHRAN, brings to the that the payments are connected to done by the end of the week or by next floor of the Senate is a credible effort. production and price. So what we have week. We are going to get the job done. But I think it is insufficient. There is here in this bill is the wrong mecha- We are going to have a relief package, an inadequate amount of money, and I nism for addressing the price crisis. because we have to, because that is think it utilizes the wrong mechanism Our proposal would lift the cap on the why we are here. I believe we can do to deliver the assistance that is meant loan rates. I think there can be nego- that through the negotiations that are to address the price crisis. Let me just tiation. The President is correct in to come. be clear about what is at issue here. vetoing this bill if that is what is re- BISON INSPECTION Surely, given the position the Presi- quired to get better assistance. Thou- Mr. ALLARD. Mr. President, I would dent is taking, which is the position sands of family farmers across the like to engage in a colloquy with my that the Senator from Minnesota and country could go out of business due to good friend from Vermont, Senator many other Midwestern Senators asked conditions that are beyond their con- LEAHY regarding an issue that impacts him to take, which is to make it clear trol. In Minnesota, up to 20 percent of bison ranchers nationwide as well as in that he will veto this bill unless there our family farmers are threatened. both of our States. are negotiations and we can get a bet- Now, the other part of this is that the It is my understanding that the U.S. ter package. Democratic proposal for the State of Department of Agriculture has taken Why have we taken this position? Minnesota is worth about an additional major steps during the past year to en- Well, our proposal, $7 billion-plus, and one-quarter of a billion dollars. sure that our country’s food supply is the proposal we have before us on the I ask the Chair, has 20 minutes ex- as safe as possible. USDA requires all floor of the Senate are similar in that pired? firms that wish to sell meat to USDA both include between $2 billion and $2.5 The PRESIDING OFFICER. Twelve and other Federal agencies to comply billion for indemnity assistance for minutes remain. with newly adopted regulations known crop loss. This is an increase from the Mr. WELLSTONE. The proposal is as HACCP. original $500 million, which many of us worth an additional one-quarter of a It is also my understanding that the worked very hard to include in the billion dollars for agriculture in Min- beef, pork, and poultry industries are original Senate bill. It is not surpris- nesota, for rural Minnesota, for what provided USDA inspection at no cost, ing. There are a whole lot of people we call ‘‘greater Minnesota.’’ It is no and that ranchers who raise American who have really been hit hard and who small amount of money, especially bison must pay a steep fee to USDA for need the help. when you consider the multiplier effect inspection at slaughter and inspection The Republican package, however, in our communities. of products to be sold to USDA. These that is before us also contains an addi- So I say to my colleague, Senator costs exceed $40 per hour, per inspec- tional $1.7 billion. So there is agree- COCHRAN from Mississippi, this is a tor, both for inspection at slaughter ment on the indemnity part. We went start. I am going to vote against this. and at further processing. from $500 million to $2 billion to $2.5 The President has said he is going to I would like to ask my colleague on billion. The Republican package also veto it unless there is further negotia- the Agricultural Appropriations Sub- contains about $1.7 billion to address tion. I think we can do better. I don’t committee, Senator LEAHY, whether he October 6, 1998 CONGRESSIONAL RECORD — SENATE S11551 would agree with me that USDA should The disaster package which is in- this action, it is unfortunate that it explore what impact inspection fees cluded in the conference report pro- comes only after ranchers in bordering has on the bison industry? vides some relief for growers in Wash- States began blockading Canadian Mr. LEAHY. Yes, I do agree. ington state. However, because a bulk farm shipments. Agriculture trade re- It is my understanding that USDA of the assistance provided in the pack- lations have been thorny with Canada collects substantial fees from those age will benefit farmers in the mid- for quite some time, and many believe bison ranchers and processing firms for west states, I voted with Senator that the Administration’s inability to Federal inspection. It is my under- BURNS to increase the relief plan by support and defend the U.S. beef and standing that this fee is set yearly by $610 million. Although this plan was wheat industries in negotiations with USDA and that it is approximately $41 defeated, I believe the overall package Canada have left agriculture with the per hour. I believe that these fees di- is adequate and a necessary starting short end of the stick. We are consist- rectly impact thousands of small point for recharging the cash flow to ently being out-witted by the Canadian ranchers who belong to the National the family farm. This package, com- trade negotiators and the farmers and Bison Association. bined with the Agriculture Market ranchers in this country are expected Mr. ALLARD. Would the Senator fur- Transition Act payments farmers will to pick up the pieces. ther support asking Secretary Glick- receive in October and December of These are just a few of the Adminis- man to report back this next year on this year, and the loan deficiency pay- tration’s trade policies which directly ways in which USDA might lower the ments for program crops totals over $17 impact the bottom line of farmers in inspection fees to help strengthen the billion in cash payments for 1998 and the State of Washington. While I recog- U.S. bison industry. 1999. nize and empathize with the family Mr. LEAHY. We have bison ranchers Because Pacific Northwest agri- farm at a time when cash flow is in my state and in every other State in culture is so trade dependent, I believe sparse, I do not support the President the country. I agree with the Senator we must focus on expanding trade and or the Administration in its threats to that while we are looking for policies gaining new markets. In this arena, I veto the Agriculture Appropriations and programs that help small farmers fear that the administration’s silence bill because the disaster package is not and ranchers, we look carefully at all has been deafening. to their liking. other actions that could make a dif- Two weeks ago the House defeated There are several items that in addi- ference. I believe that the issue of in- the bill to provide the President fast tion to this disaster package, AMTA spection fees charged bison producers track-trade negotiating authority. Un- payments, and LDP payments which should be explored by the Department fortunately, a wounded President and a deserve attention. While expansion of of Agriculture, and that the Depart- weak Secretary of the U.S. Department trade is of obvious importance to the ment should provide us with their anal- of Agriculture failed to convince our State of Washington and is certainly a ysis of this impact early in 1999. colleagues the importance of passing long-term goal, regulatory relief, tax Mr. ALLARD. I thank the Senator this legislation. With one in four jobs relief, adequate funding for agriculture for his comments. in the State of Washington directly re- research, and deductibility of health Mr. GORTON. Mr. President, on lated to trade, and with agriculture insurance for the self-employed are im- March 28, 1996, Congress passed the being the State’s number one em- mediate mechanisms to provide assist- Federal Agricultural Improvement and ployer, the passage of fast track was ance to the family farm. Unfortu- Reform Act, most commonly referred essential. nately, the vehicles providing this re- to as the farm bill. This comprehen- Just last week I made a statement lief—the Interior appropriations bill sive, forward looking legislation pro- regarding the administration’s trade and the House passed tax package—are vides U.S. agriculture the free market policy with China. Finally, a member also under the threat of a Presidential principles that our farmers and ranch- of the Administration commented on veto. ers requested and desired. Government the inability of the President to make Mr. President, the Agriculture appro- no longer dictates to farmers how headway with China’s protectionist po- priations bill is a constructive piece of much to plant, when to plant, when to sition. The Undersecretary of Inter- legislation that deserves our support. buy, or when to sell. The farm bill pro- national Trade at the Department of While the unfortunate politics of par- vides the flexibility, predictability, and Commerce admitted that U.S. trade tisanship has appeared to weigh heav- simplicity that our farmers and ranch- policy with China is flawed and that ily on this legislation, I sincerely hope ers asked for from their government. the Administration’s policy of ‘engage- that the Administration would remem- In the past few months, agriculture ment’ has not moved China toward free ber the family farm and the longevity in the United States has been impacted trade practices. of production agriculture in this coun- by chaotic world markets, natural dis- China claims that wheat from our re- try and sign the bill. asters, and disease. These occurrences gion is inflicted with a disease called Mr. LEAHY. Mr. President, if ironies are not the result of the Farm Bill, but TCK smut. At the bipartisan request of were flowers the area inside the Wash- without a doubt have impacted the many Senators from the Pacific North- ington beltway would be covered with prices paid for U.S. commodities. As a west, the President was asked to dis- fields of flowers sprouting out of every member of the Agriculture Appropria- cuss this bogus phytosanitary concern square inch of land. tions Subcommittee, I had the oppor- with Chinese President Jiang Zemin. I am surprised that many of the same tunity to review and subsequently pass The President personally met with Senators who say they want farmers to a disaster package as part of the Fiscal President Zemin twice in the last two receive higher income for what they Year 1999 Agriculture Appropriations years, but the Pacific Northwest wheat produce strongly oppose the same for Conference Report. This package in- industry remains locked out of another other farmers if the product is not pro- cludes relief for those farmers who ex- potential, enormous market. duced in their home states. perienced one or all three of the afore- As a border state of Canada, Wash- Many Senators have recently spoken mentioned occurrences. ington has encountered many trade on the floor about the disaster facing The Pacific Northwest is experienc- discrepancies with our Northern coun- their farmers. Some have likened it to ing misfortune that is not weather or terparts. The beef trade between Wash- losses caused by natural disasters such disease related, but market related. ington and Canada has evoked bad feel- as Hurricanes. Regarding this farm dis- Producers in the State of Washington ings and more recently tensions esca- aster, their biggest concern is the huge rely heavily on international trade. lated. Just two days ago, United States loss in farm income. The culprit this Wheat growers in the state export ap- Trade Representative Charlene time is low prices and the loss of farm proximately 85 percent of their crop. Barshefsky and Agriculture Secretary income. Our apple and minor crop industries Dan Glickman announced their inten- In speech after speech many com- rely heavily on Asia as an export mar- tion to begin intensive negotiations to plain that their farmers face low ket. When world markets collapse, so resolve some of the restrictive trade prices—and thus low income. And, as is too does the price paid for each of these practices utilized by Canada. While I so often said, farmers do not want wel- commodities. applaud the Administration for taking fare they want higher income for their S11552 CONGRESSIONAL RECORD — SENATE October 6, 1998 labors. These Senators assert that would rather their farmers get a check This additional income to farmers in farmers do not just want a handout— for increased ‘‘freedom to farm pay- New England based on the Compact has they want higher prices so they can ments’’ instead of cash payments kept farmers in business. For example, earn an reasonable income and stay in called loan deficiency payments. In news articles have focused on how in business. this way these Senators provide cash Connecticut and Vermont the rate of Whether the commodity is wheat, to feedgrains producers to make up for farm loss is much less than before the soybeans, corn, or other feedgrains we the fact that farm prices are so low. Ei- Compact went into effect. Before the hear time and time again that prices ther way, almost all Senators want Compact, OMB reports that New Eng- are too low—and thus their farmers farmers to receive some additional land suffered a ‘‘20-percent decline’’ in may go out of business. cash payments. And farms families de- the number of farms with milk cows There is a sense of great panic in the serve this. from 1990 to 1996. Now, this horrible farm community. It is real. I am ad- But try to apply this system to milk rate of attrition has stopped. I wish vised that farm income in some areas prices and many Members of Congress other states could also stop their loss has been reduced by 98 percent. I have and some in the Administration say of farm families. I have supported rea- been moved by many of the compelling ‘‘no.’’ sonable efforts to keep family farmers descriptions of the agony faced by This is a major issue for me since in business throughout our country and these farm families. I am concerned more than 70 percent of all farm in- will insist on that in any continuing about this even though my home state come in my state is from dairy. Ver- resolution. of Vermont is not as directly affected. mont is first in the nation in terms of It is clear that efforts to keep dairy Thomas Paine made an interesting the relative importance of dairy to farmers in business will become more comment about these situations which total farm income. This is why the critical over time since, as OMB re- is still as true today as is was in 1776. Compact is crucial to me. ports, ‘‘the Farm Bill also calls for the He said: ‘‘Panics, in some cases, have Dairy farmers like other farmers termination of many elements of their uses. . . . their peculiar advantage work hard—milking cows early in the USDA’s current dairy program by Jan- is, that they are the touchstone of sin- morning, moving cows around to pas- uary 2000.’’ Also, dairy producers do cerity and hypocrisy, and bring things ture, feeding them, worrying about vet- not receive any so-called ‘‘freedom to and men to light, which might other- erinary bills. I wish we could all work farm payments″ for milk production wise have lain forever undiscovered.’’ together on this matter—all areas of and the milk support program will be There is indeed a touch of hypocrisy the country—and support farm income in this crisis. Some, including some at terminated in the year 2000. for all producers. Also, since dairy farmers sell a per- the U.S. Department of Agriculture, I freely admit that the Compact does ishable fluid product that needs refrig- see the loan deficiency payments as a give dairy farmers a lot more income eration they are not able to hold prod- great solution. If prices drop below a when prices are low. It is supposed to uct off the market until they can get a target price the farmers get the dif- do that—just like loan deficiency pay- better price. Feedgrains can be and are ference between their market price and ments. We are not concealing the fact stored to get a better price—indeed the this target price. If prices increase that during the first 6 months of oper- above a certain level then the farmers ation OMB reported that ‘‘New Eng- government will even give you a loan cannot receive this cash payment. Re- land dairy farm income rose by an esti- based on the value of the grain you are cently I twice voted for these proposals mated $22–27 million . . . .’’ storing. This provides farmers with along with every Democratic Senator Several Senators from the Upper cash to pay bills—this program is not save one. Midwest insisted that OMB do a study available regarding the production of I do think this approach is a good on the effects of the Compact. The milk. idea and I hope in the end it is included OMB report is called the ‘‘The Eco- Of course, by taking this grain off in any continuing resolution we work nomic Effects of the Northeast Inter- the market this can have the effect of out. It is important that any income state Dairy Compact.’’ I will be increasing grain prices. FAPRI has pro- relief in the resolution be targeted to quoting a lot from that study that vided Congress with information on 1998 year crop production and that it go those Senators wanted in this floor these anticipated increases in grain to producers, not mere landowners. statement. prices based on the marketing loan Many strongly support this approach As a little background, the Interstate program. for commodities produced by their Dairy Compact Commission with 26 One disadvantage to increasing the farmers. However, if the benefit is to be delegates appointed by the six gov- caps in marketing loan programs, or provided to farmers not producing ernors is authorized to determine a increasing freedom to farm payments, their commodities some turn a deaf ‘‘target price’’—$16.94/cwt in this case. is that it costs taxpayers a bundle—in ear. This is an unfortunate irony— Under the Compact language approved this case several billion dollars. I voted some will not listen to the very argu- by the six states any state can opt-out for the marketing loan proposals twice ments they use to support additional temporarily—until a later date that because I think it is worth it to in- income to their farmers if other com- the state determines—or opt-in and re- crease farm income in Iowa, North Da- modities are involved. I voted for their ceive that additional income for pro- kota, South Dakota, Nebraska, Mis- solution even though it is of little ben- ducers. The Compact is voluntary, it is souri and a number of other states. efit to my home state of Vermont. up to each state. While marketing loan programs do not Turning a deaf ear toward farm prob- As I just pointed out in this respect, benefit New England dairy farmers, I lems in other areas of the country when prices are low the effect of the have always felt that farmers should raises a lot of concerns. Compact is similar to the loan defi- stick together and help each other out. The Northeast Interstate Dairy Com- ciency payments made under market- I wish more Members of Congress felt pact is the perfect example. The major ing loan programs in that, roughly that way. benefit of the compact is to provide in- speaking, producers get the difference I am very willing to work with my come to farmers when milk prices are between a ‘‘capped’’ target amount and Colleagues from the Upper Midwest to low—income is not provided to farmers the current price. When farm prices are try to figure a way so that all of us can when prices rise past a certain point. high, no cash payments are made to work together. But I will insist on one The amount of the payment a farmer producers under the Compact. thing—that our goal should be to pro- gets depends on how far milk prices are Why is this additional income for tect income for dairy farmers and to below the target price. You could sim- dairy farmers as justifiable as addi- keep farmers in business. I do have ply repeat those two sentences but sub- tional income—whether in the form of some ideas that I think we can all stitute the word ‘‘corn,’’ ‘‘soybeans’’ or loan deficiency payments or increased agree upon and want to sit down with ‘‘wheat,’’ or whichever commodity, for freedom to farm payments—for my Colleagues from the Upper Mid- ‘‘milk’’ and you have described how the feedgrain farmers? The answer is sim- west, and around the country, to work loan deficiency payment system works. ple—it keeps their families on the something out. Many certainly want this benefit for farm. All farmers deserve to earn a de- I will support reasonable programs their commodities. Some Senators cent income for their families. that benefit their farmers, as I do October 6, 1998 CONGRESSIONAL RECORD — SENATE S11553 farmers in others states and as I do for June of 1997, the month before the Except for this benefit for neighbor- other commodities. Compact took effect, the average retail ing farmers living just outside the As long as I am on the subject of the price for a gallon of whole milk was Compact region, OMB reported that Compact I want to make a few addi- $2.72. This June, almost a year after ‘‘New England has little effect on dairy tional points about how well it is work- the Compact took effect, the price for a markets outside its region, or on na- ing. gallon of whole milk is only $2.73. And tional prices or trends. . . . Its ship- First, I want to thank many of the the price of a gallon of 1% milk is even ments outside the region in the form of Members of Congress who want to sup- less expensive now than before the cheese or milk are small.’’ port farm income for all farmers—not Compact—$.03 less per gallon than last Opponents of the Compact have con- just farmers producing feedgrains. I am June.’’ stantly repeated that it would be a very pleased that the Compact will get Consumer milk prices, as economists ‘‘trade barrier’’ on sales into New Eng- a short extension in the appropriations had predicted, are lower in the Com- land. I could point to many statements bill. Some opponents have begun com- pact region than the average for the to this effect on the floor. plaining that it is included in the Agri- nation. I predicted before the Compact was culture Appropriations bill. It was in- Another interesting assertion—that implemented, on the other hand, that cluded in the House bill and is now in- milk consumption has dropped in the since the law required that anyone cluded in the Conference Report. compact region—was made on the Sen- could sell into the region and since the I am very pleased with this since the ate floor recently. This is most odd law required that these sellers get the 1996 farm bill created a three-year since national data shows that the rate benefit of the Compact, that there Compact pilot project for the North- of milk consumption has dropped more would be increased sales into the re- east. However, long delays in imple- in the rest of the nation than in the gion. menting the Compact by USDA have Compact region. I was correct—and the evidence re- cut that three-year period down to less According to the most recent A.C. ported by OMB shows that neighboring than two years. That is not what the Neilson Corporation marketing re- farmers get the benefit of the higher Congress had in mind when it passed a search data, U.S. gallon sales of fluid Compact price and thus there has been three-year time period in 1996. I am milk are down 1.8 percent compared to an increase of sales into the region of 8 pleased that this Appropriations Bill one year ago. New England gallon sales percent. will extend the Compact at least until of fluid milk, however, have decreased This Compact has thus increased September 30, 1999, so that the Con- by only 0.7 percent. National sales of trade. Something that increases trade gress can find out how well it has fluid milk have declined 1.1 percent is not usually called a trade barrier. served farmers. Even with this exten- more than New England sales of fluid As an interesting footnote OMB re- sion, the time-period is less than Con- milk. ports that the Compact commission de- gress set forth in 1996. In another assertion it was said that cided to provide additional money for It is interesting that one of my dis- ‘‘The only real winners have been the New England WIC programs so that tinguished Colleagues blasted the Com- largest industrial dairies of the Upper more eligible infants, children and pact on the Senate floor by saying that Northeast.’’ First of all, I am not cer- pregnant women would be able to par- dairy farmers have not seen positive tain if the use of Upper refers to Maine. ticipate than would have participated benefits as a result of the compact. Second, I am not certain what the without the Compact. The OMB report What surprises me about this state- ‘‘largest industrial dairies’’ means states that the ‘‘Compact could sup- ment is that most dairy farmers would since our plants are so small compared port a small increase in participation say that a significant increase in their to the Upper Midwest. during the demonstration period.’’ The income over a six-month period was a And third, under the Compact, and as Commission has recently decided to ‘‘positive benefit.’’ confirmed by the OMB study, it is the Maybe things are different in the producers of milk, the farmers, who get provide additional funding to the Upper Midwest but New England farm- the increase in income under the Com- school lunch programs. ers like this increase in income and pact. If anyone doubts that the dairy I also want to address the surplus consider higher income a positive bene- farmers in New England did not get in- production issue. As background, note fit. It could be that since New England creased pay checks someone should that if New England regional milk pro- only produces three percent of the fluid randomly call them on the phone and duction decreases less—or increases milk in the nation that an increase of see if they really got the checks. I cer- more—than the national rate, the farm $22 million to $27 million in income tainly have not heard complaints that bill requires that the Commission re- over a six month period, according to the paychecks were lost in the mails. imburse the federal government for the OMB, is not considered large by Upper My distinguished Colleague also said cost of Commodity Credit Corporation Midwest standards. that the Compact puts ‘‘traditional purchases of any ‘‘surplus production’’ I also disagree with the complaint dairy farms’’ outside the region ‘‘at a that might occur. that under the Compact ‘‘consumers competitive disadvantage.’’ OMB re- This year the Commission will pay a have been hurt by higher prices.’’ OMB ports just the opposite. But again, you reimbursement as determined by the has an answer for that which proves do not need an OMB report. Simply Secretary. Very favorable conditions in the value of the Compact. OMB re- pick up the phone and call some dairy New England and low feedgrain prices ported after an initial increase in producers who live near the Compact and very unfavorable weather condi- prices at some stores just as the Com- region. They are selling milk into the tions throughout much of the rest of pact was implemented that: ‘‘New Eng- region to take advantage of the Com- the country created this shift even land retail milk prices by December pact. If Wisconsin or Minnesota though there was decrease—2,000 [the sixth month after implementa- switched places with New York State, fewer—in cows milked from April to tion] returned to the historical rela- farmers in Wisconsin and Minnesota June 1998. tionship to national levels, being about would do the same—sell into the Com- As these relatively very unfavorable $0.05 per gallon lower.’’ pact region to make more income. weather conditions in the rest of the So, OMB has concluded that con- While I do not know for sure, I sus- country subside I expect that New Eng- sumer milk prices are lower in New pect that dairy producers in Wisconsin land’s rate of production will once England than the rest of the nation. I and Minnesota would like more income again grow at a lower rate than the would like to repeat that—consumer for all their hard labor. Vermont dairy rest of the country—especially with prices in New England with the Com- farmers and neighboring New York the drop in cows milked in New Eng- pact are lower than national levels. I dairy farmers sure do. land. Also note that almost all of the would encourage a study to check out OMB reports there has been ‘‘an in- CCC purchases were of milk product that relationship now—I am very con- crease in milk shipments into New from other regions of the country. fident that prices in New England are England equal to 8 percent.’’ This is To provide some perspective, I also still lower than the rest of the nation. not surprising since neighboring pro- wanted to mention that OMB reports The Connecticut Agriculture Com- ducers get higher prices for their milk that in 1996, ‘‘New England accounted missioner Shirley Ferris reports, ‘‘In in the compact region. for 2.93 percent of the Nation’s milk S11554 CONGRESSIONAL RECORD — SENATE October 6, 1998 production and 2.9 percent of its milk The Wall Street Journal and the New five other New England states but kept cows.’’ York Times discussed this in news arti- the price the same here [in Maine].’’ As the OMB report shows if other cles about retail store price gouging. The June 26, 1997, Boston Globe and states had a dairy compact, farmers in GAO raised the issue in 1991 and is the June 27, Providence Journal point- those states could receive a significant looking at it now. ed out before the Compact was imple- increase in income. So why are some We do know that retail prices for mented that one of the chains signaled supporting billions’ worth of increases milk are often over double what farm- a price increase. A spokesman for in payments to farmers producing ers get for their milk—nationwide. Shaw’s Supermarkets, Bernard Rogan, nondairy commodities but are opposed Think about that. is quoted as saying that milk prices to increases in farm income to dairy Lets look at the time period just be- will go up next week farmers? fore the compact took effect—and pick The June 30, Boston Globe reported The answer is easy. Sir Walter Scott Vermont as the sample state. As the that ‘‘The region’s major supermarkets knew many years ago that: ‘‘Oh, what Wall Street Journal pointed out, in are raising their milk prices 20 cents a a tangled web we weave, when first we ‘‘Are Grocers Getting Fat by Over- gallon, ignoring arguments that their practice to deceive.’’ charging for Milk?,’’ beginning in No- profit margins are big enough to absorb Corporate opponents of the Compact vember, 1996, the price that farmers got a new price subsidy for New England have tried to argue that this was a for their milk dropped by almost 25 dairy farmers that takes effect this fight between consumers and farmers. percent—35 cents or so per gallon. week.’’ The OMB study proves that consumer Store prices stayed high which locked As OMB discovered, after six months prices are lower in New England than in a huge benefit to stores selling to this initial signaled increase, described the average for the rest of the country. consumers. 35 cents a gallon is a sig- above, was being subjected to competi- So that is a false argument. nificant increase in benefits to retail tive pressures and that consumer The fight is actually between large stores. prices in New England were on average manufacturers of milk products—large Comparing November 1996, to June lower than the rest of the nation. multinational corporations—and farm- 1997, the price farmers got for their Studies of prices charged in stores in Vermont, for example, show that the ers. Manufacturers of any product, not milk dropped 35 cents a gallon, and most important factor in the price of just manufacturers of cheese or ice stayed low, but the prices stores milk is the brand and the store. In cit- cream, want to buy their inputs as charged for milk stayed about the ies and towns in Vermont the variation cheaply as possible. same. in price among stores was in the 50 How do we know that? As with the I have always contended that Dairy cents to one dollar range. In other answers to many questions all you Compacts can help reduce this retail words, in the same town the price of a have to do is follow the money. Who is store price inflation by stabilizing the gallon of milk varied greatly and still buying ads and time to distort the price that farmers get for milk—thus does. truth? Who is staffing up to fight the reducing the need for stores to build in These store variations, and vari- Compact? And who mostly wants the a safety cushion to protect themselves ations through the use of store cou- Compact defeated? in case it costs more for them to pur- pons, dwarf any possible impact of the It certainly isn’t farmers in areas chase milk. compact. that border the Compact region. They Without a compact, the price farmers Also note that reports have indicated take advantage of the Compact’s open get for their milk can vary signifi- that the dairy case is the most profit- invitation to trade—and make more cantly. These variations in price are able part of a supermarket. The prod- money selling into the Compact region. passed through to stores by co-ops and uct profitability of fluid milk is $16.46 It certainly isn’t consumers since other handlers. Yet stores prefer not to per square foot, whereas regular gro- they get lower prices than the average constantly change prices for customers cery items return only $2.32 per square for the rest of the nation. It certainly so they build in a cushion. But this foot. This information is from testi- isn’t farmers living in the region since huge profit margin can be reduced by mony of Professor Andrew Novakovic, they have gotten a significant boost in Compacts which means that Dairy on April 10, 1991, before the Committee farm income. Compacts will save consumers money on Agriculture of the U.S. House of To find out the answer one just has and provide more income to farmers. Representatives. to look at lobbying reports that have Unfortunately, the OMB study is All other food expenditures dwarf to be filed in Washington. Who funded based on very limited information from how much income that consumers efforts and hired people to oppose the USDA. USDA only gave OMB price in- spend on fluid milk. The savings con- Compact? formation from 6 stores in New Eng- sumers can achieve through buying Groups representing the large manu- land—and only in two cities where it ‘‘on sale’’ or house-brand items, or facturers of milk products—that’s who. was announced in press accounts, in through using discount coupons, far ex- The International Dairy Food Associa- advance, that retail prices would go up ceed typical changes in the price of tion for example. Their members, like even though store and wholesaler costs fluid milk. Only 3 percent of the aver- any manufacturers, want to buy their had dropped 35 cents per gallon. age household’s total expenditures on inputs at low cost. Even in light of this OMB concluded food go for fluid milk. This informa- One of their members, Kraft, which is that after 6 months, retail store prices tion is from an article called ‘‘Food owned by a large tobacco company, in the compact region of New England Cost Review,’’ 1995, from the Economic wants to pass a bill that will allow were 5 cents lower than the rest of the Research Service of U.S.D.A. them to buy milk at less than the price nation. Note also that OMB reported that the set by milk marketing orders through New England newspaper accounts of Northeast has the Nation’s second something called forward contracting. the implementation of the Compact highest cost of dairy production ($14.27 This could greatly increase their prof- were very interesting. For example, the per cwt in 1996) and its milk generated its. July 1, 1997, the Portland Press Herald, the lowest returns per cwt after ex- They also oppose the dairy compact. Portland, Maine, points out that penses. OMB found that a smaller pro- The Compact has producers selling ‘‘Cumberland Farms increased the portion of New England farms are com- milk at more than the level set by price of whole milk by four cents but petitive than in other regions. Net av- milk marketing orders. Under the dropped the price of skim by a penny’’ erage returns per cow in Vermont are Dairy Compact, producers receive an when the Compact was implemented. $350 per year and in Wisconsin are $460 over-order premium which means that Also, they note that ‘‘At Hannaford’s year. OMB determined that the Com- they get more money than the mini- Augusta store, Hood milk—a brand- pact generated about $70 more in an- mum set by the order, not less. name product—was selling for $2.63 a nual income per cow. So why was there ever a concern gallon, while the Hannaford store So why all the fuss about the com- about consumer prices increasing in brand was selling for $2.32.’’ pact and who is generating it? the Compact region? Prices should Also, ‘‘Shaw’s increased its price by For one, Kraft, the international have never increased. about 20 cents a gallon in [parts of] the milk manufacturing giant, opposes the October 6, 1998 CONGRESSIONAL RECORD — SENATE S11555 compact. Kraft’s annual U.S. sales ex- I would be pleased just to know if the areas of the nation while the value of ceed $16 billion. They are owned by amount is $100,000 or $500,000, total, the land for nonfarm purposes is often Phillip Morris, the tobacco giant. over the last three years. greater than its value as farmland. Perhaps the writer Ben Johnson said IDFA also made other major acquisi- In many cases I am advised that this it best: ‘‘Whilst that for which all vir- tions. They hired the Director of Con- is very different as compared to vast tue now is sold, And almost every sumer Affairs at USDA, William areas of the Midwest and Upper Mid- vice—almighty gold.’’ Wasserman, who set up a subsidiary west where land is worth very little ex- IDFA, which receives funding from called the ‘‘Campaign for Fair Milk cept for its value as farmland. As the Kraft which is owned by big tobacco, Prices’’ through M & R Associates. Vermont Economy Newsletter reported went on a spending spree. One big staff Money can solve a lot of problems. in July 1994: acquisition was from Public Voice for For example, his Lobby Report filed on In the all important dairy industry, the de- Food and Health Policy. The very per- August 15, 1996, shows his client as crease in farm income has come from a con- son who led Public Voice’s press attack IDFA and shows him specifically work- tinuation of the long term trends the indus- on the Compact was negotiating for a ing on the ‘‘Northeast Dairy Compact.’’ try has been facing. Should these trends per- job with the milk manufacturers who His Lobbying Registration form filed sist, and there is every expectation they will, Vermont will continue to see dairy farms opposed the Compact. on February 13, 1996, shows he worked disappearing from its landscape during the Lobbying registration forms show for IDFA on dairy price supports and 1990s. the whole sad story. marketing orders. One of the consequences of the exit of In June 1996, the Senior Vice Presi- A key USDA official who represented dairy farmers in New England is that dent for Programs at Public Voice pub- USDA at dairy meetings on Capitol land is released from agriculture. licly defended his organization from Hill was also hired by IDFA. Mr. Given the close proximity to popu- charges that its analysis was influ- Charles Shaw is now listed as Senior lation centers and recreational areas in enced by corporate contributions. Economist and Director of IDFA in the New England, good land is in high de- A Lobby Registration form filed in book 1997 Washington Representatives. mand, and as a result there is often a July 1996 shows that he worked for Wil- Listed as ‘‘counsel or consultants’’ strong incentive to develop the land. liam Wasserman of M & R Strategic as for IDFA are—you guessed it—M & R What are the consequences of land a ‘‘consultant’’ for this lobbying arm of Strategic Services lobbyists Allen being converted from farm to non-farm IDFA. Rosenfeld and William Wasserman in uses? This is the major reason I returned 1997 Washington Representatives. One consequence is that the rural the golden carrot award back to Public I will explain the importance of this heritage and aesthetic qualities of the Voice. It is one thing to have honest in a minute. Before I begin I want to working landscape are lost forever. The disagreements about policy. It is an- point out that the battle over the Com- impact of this loss would be devastat- other to be working on getting a job pact is really a battle between well-off ing to Vermont and to much of New with opponents of the Compact at the dairy manufacturers and struggling England. The tourists from some of same time you are leading the charge dairy farmers. America’s largest urban centers are These huge dairy manufacturers can- for Public Voice against the Compact. drawn to rural New England because of not win over the editorial boards of The Lobbying Reports tell the story. its beauty, its farms and valleys, and There is an unseemly web of money The New York Times or The Washing- picturesque roads. and promises between the dairy proc- ton Post on that basis. Strip malls and condominiums do not essors and Public Voice. But if a group like Public Voice car- have the same appeal to vacationers. For example, we know that during a ries their public relations message, The Vermont Partnership for Eco- critical time period between January casting this as a consumer issue, they nomic Progress, noted in its 1993 re- 1995 and June 1996, Public Voice accept- have a foot in the door. port, A Plan for a Decade of Progress: ed $41,000 from the International Dairy Public Voice has focused on the price Actions for Vermont’s Economy, Foods Association (IDFA). increases which took place just as the ‘‘There are many issues that will influ- We do not know how much IDFA has Compact was implemented. I men- ence the [tourism] industry’s future in contributed to Public Voice after June tioned these price signaling newspaper Vermont . . . [including] our state’s 1996 or how much any of IDFA’s cor- articles earlier. ability to preserve its landscape.’’ The porate members and officers of those But Public Voice has ignored the report went on to list among its pri- corporations have individually contrib- conclusion that consumer prices are mary goals: uted to Public Voice. We do not know lower in New England than the average 1. Maintain the existing amount of land in how much big tobacco gives to Public for the nation. I wonder why. agriculture and related uses; Voice. I have always expected that it is I wonder how much money they have 2. Preserve the family farm as part of our a huge number considering the large received from all the major manufac- economic base and as an integral factor in salaries IDFA pays to its top officers. turers of milk and tobacco companies Vermont’s quality of life from ‘‘A Plan for a For a six-month period in 1996, IDFA throughout the country over the last Decade of Progress.’’ paid at least $30,000 to M & R Strategic three years? I wonder how much money The priority of these goals show that Services for its lobbying efforts. they have received from IDFA and preserving farmland and a viable agri- These are all public facts docu- other groups that represent manufac- culture industry are important for the mented by lobbying disclosure forms or turers over the last three years? I won- overall economic health of the region derived directly from quotes from Pub- der how many others they will hire to from Maine, to rural parts of Connecti- lic Voice officials. influence public opinion in a way that cut, Rhode Island, and Massachusetts, This overwhelming and unseemly evi- supports the efforts of huge milk man- to Vermont and New Hampshire. dence compelled me to conclude that, ufacturers against the interest of dairy Other consequences of farm losses are for Public Voice, when it comes to the farmers in New England? equally destructive. The American Dairy Compact, contributions come I want to make one final point. The Farmland Trust has completed cost of first, and analysis comes second. The New York Times has reported on how community services studies in four New York Times and other editorial important the Compact is for the envi- New England towns, one in Connecti- pages have relied upon the numbers ronment. In an article entitled ‘‘Envi- cut and three in Massachusetts. The in- provided by Public Voice to substan- ronmentalists Supporting Higher Milk formation is from ‘‘Does Farmland tiate their editorials against the Com- Price for Farmers’’ it was explained Protection Pay?’’ pact, but we now know those numbers that keeping farmers on the land main- These studies show the cost of pro- were cooked, and flat-out wrong. tains the beauty of New England. viding community services for farm- I challenged Public Voice to release A lack of farm income resulting from land and developed land. It is true that the names of any dairy-related or to- low dairy prices is cited as the major developed land brings in more tax reve- bacco-related contributors and how reason dairy farmers leave farming in nues than farmland, especially when much they contributed during the last New England. Production costs in New farmland is assessed at its agricultural three years. They have not done so yet. England are much higher than in other value, as it is in most New England S11556 CONGRESSIONAL RECORD — SENATE October 6, 1998 states. Developed land, however, re- more in services than they gain in rev- tional office do not catch the small, quires far more in the way of services enue as good farmland gets developed. family dairy farms we have in the than the tax revenues it returns to the I need to address one more dairy Northeast. The disasters that hit Ver- treasuries of municipalities. issue, milk marketing order reform. mont this year caused damage much For example, residential land in This bill does give USDA a few more like what you see after a tornado. One these four New England towns required months to study this critical issue. I farm may have lost half his crop while $1.11 in services for every one dollar in have been fighting for a fair revision of his neighbor may not have been tax revenue generated while the farm- the milk marketing orders as have touched. But the way the disaster pro- land required only $0.34 of services for other Colleagues. Although dairy farm- grams work now, if the county as a every one dollar of revenue it gen- ers across the country have told the whole did not sustain at least 40 per- erated. This demonstrates the major Agriculture Department that they pre- cent damage, none of the farmers hit impact that losing dairy farmland has fer Option 1–A, the Department contin- by the disaster would be eligible for as- on rural New England. This informa- ues to support Option 1–B. sistance. tion is from ‘‘Does Farmland Protec- It has been made clear that the U.S. In addition, these programs often re- tion Pay?’’ Department of Agriculture prefers Op- quire a farmer to sustain at least 40 or National Geographic recently de- tion 1–B for fluid milk pricing, even 50 percent damage on his farm. This re- tailed the risk of economic death by though it has been demonstrated that quirement has prevented many farmers strip malling otherwise tourist-draw- this system would be disastrous for who are barely making it anyway from ing farmland. New England should be dairy farmers across the country. getting assistance. After the ice storm, allowed to try to reverse this trend, es- Economists for AgriMark estimate many Vermont farmers were tinkering pecially in ways that help neighboring that under Option 1–B, dairy farmers’ at the edge of losing their farms. states such as under the Compact. income would drop by $365 million dol- I know that Secretary Glickman The American Farmland Trust Study lars next year—that is a loss of $1 mil- shares my commitment to preserving pointed out that agricultural land ac- lion each and every day of the year. I the family farm and I look forward to tually enhanced the value of surround- am told by economists at AgriMark working with him to make sure these ing lands in addition to sustaining im- that Option 1–B reduces farm income in disaster programs are flexible enough portant economic uses. almost every area of the country. to help our small, family farms. Let me Farming is a cost effective, private way to I am also told that every area of the quote a letter from Edie Connellee and protect open space and the quality of life. It country, including the Upper Midwest, Bill Cartright of Waitsfield, Vermont, also supports a profusion of other interests, will have higher farm income under Op- ‘‘I hope we all purposefully remember including: hunting, fishing, recreation, tour- tion 1–A as compared to Option 1–B. to use this experience as a way to bet- ism, historic preservation, floodplain and At the close of the comment period wetland protection. ‘‘Does Farmland Protec- ter be a community and especially re- for milk pricing reform, I was joined by member that small acts of kindness, tion Pay?’’ 60 Senators in a letter to USDA sup- Keeping land in agriculture and pro- even just a phone call, make a huge dif- porting Option 1–A. Option 1–A is the ference when someone is hurting in any tecting it from development is vitally only option which is both fair and equi- important for all of New England, way.’’ I hope this is the approach the table to farmers while promising to Agriculture Department will take which is one reason all six New Eng- continue providing consumers with land states have funded or authorized when implementing these disaster pro- reasonably priced fresh, wholesome grams. purchase of agricultural conservation milk. easement programs to help protect Mr. President, this year Vermont Finally, Mr. President, let me take a farmland permanently. farmers took a one-two punch from moment to talk about the funding lev- Other economic uses, from condomin- Mother Nature. The unprecedented ice els for the conservation programs in iums and second homes for retired or storm this winter that knocked out this year’s Agriculture Appropriations professional people from New York, power across the state, forcing farmers bill. When we passed the 1996 Farm Bill Boston, or Philadelphia to shopping to cull their herds, dump milk and one of cornerstones of that package malls to serve them, are waiting in the scramble for feed. This summer’s flood- was the mandatory funding for the con- wings. The pressure to develop in New ing hit many of these same farmers servation programs. We set aside $200 England is voracious. just as their crops were starting to million a year for the Environmental A 1993 report from the American produce. Their fields have been satu- Quality Incentives Program. Unfortu- Farmland Trust called ‘‘Farming on rated with water ever since leaving nately, it was all too tempting for the the Edge’’ showed that only 14 of the them without feed going into the win- appropriators to cap that program this more than 67 counties in New England, ter. Ten out of the fourteen counties in year at $175 million and use the savings were not significantly influenced by Vermont have been declared National elsewhere. In a year where we have urban areas. Disaster Areas by the President this seen state legislation regulating agri- In fact, eight New England counties year. culture waste on farms and new regula- were considered to be farming areas in Because the margins are already so tions from the Environmental Protec- the greatest danger of being lost to de- close for many farmers, helping these tion Agency, this program is all the velopment because of their high pro- farmers recover from their feed losses more critical to making sure farmers ductivity and close proximity to urban could mean the difference between can comply with these requirements. areas. The Champlain and Hudson staying in business or selling out. The Having worked with dairy farmers River Valleys were considered to be Livestock Feed Assistance Program across Vermont, but especially around among the top 12 threatened agricul- will help Vermont farmers get through Lake Champlain and Lake tural areas in the entire country ac- the winter and not be overwhelmed by Memphremagog, I know how commit- cording to this ‘‘Farming on the Edge’’ recovery costs. I visited these farms ted they are to protecting our water- study. after the ice storm and went back sheds from farm run-off. Vermont Dairy farming is New England’s num- again to some of the same areas after farmers lead the country in developing ber one agricultural industry, and a the flooding. innovative techniques to control agri- lack of farm income is a major cause What I heard at every farm I visited culture waste. But they cannot do it for farmers leaving dairying. This dis- was very simple: farmers need enough alone. The EQIP cost-share payments cussion underscores the compelling assistance to get them through this help them do the right thing without need for the Northeast Interstate Dairy season. They do not expect a lot of as- putting them in a financial bind. Now Compact because towns will not only sistance, but they do expect it to be is not the time to be slowing down such lose their rural character with the loss fast and they expect it to be fair. a successful program. of farms, but they will suffer economic Unfortunately, disaster assistance Mr. SHELBY. Mr. President, I rise consequences as well. New England suf- programs have not always worked this today to add my voice to the debate re- fer the economic losses of the economic way. Too often, the criteria and pro- garding the FY 1999 Agriculture Appro- activity from farming, but will spend gram thresholds developed by the na- priations bill. While I know this bill October 6, 1998 CONGRESSIONAL RECORD — SENATE S11557 contains numerous important items in- losses, I want him to make them based bill because I recognize how important cluding funding for agricultural re- on a fair appraisal of all farm losses it is to America’s farmers, I am dis- search, credit programs, conservation throughout the country. I believe that appointed that it did not do more to programs, and food safety initiatives, I all my colleagues will agree. Our farm- address the financial problems facing want to specifically mention my con- ers deserve no less. our Nation’s ranching industry. Family cern regarding the portions of this leg- Mr. ENZI. Mr. President, I rise to ranchers are struggling with the lowest islation which provide emergency relief speak on the Agriculture appropria- beef prices in over 20 years. Their prob- to America’s farmers. tions conference report. I commend lems are not now and never have been The last few years have been very dif- Senator COCHRAN for his hard work in addressed by huge government spend- ficult for America’s farmers. I know putting together this bill to fund our ing programs. But Congress should this very well because of the numerous Nation’s agricultural and nutrition take action to provide free and fair difficulties suffered by farmers in my programs and to provide emergency as- competition in the livestock industry. state of Alabama. Last year, North sistance to America’s farmers in this The three measures I have just out- Alabama was hit with an especially difficult year. lined would do just that, and I will cold and rainy spring which greatly re- I am disappointed, however, that work hard to make sure that they re- duced the yields of cotton farmers. some provisions that would have bene- ceive the careful consideration of Con- Peanut farmers in Southeastern Ala- fited our Nation’s family ranchers who gress next year. bama were hit with a toxic mold blight are also suffering from low commodity WATER QUALITY RESEARCH which cost them greatly when they prices were dropped from the final con- Mr. DORGAN. Mr. President, I would tried to market their peanuts. Before ference report. Although these meas- like to ask a few questions of my friend the close of the Summer of 1997, Hurri- ures were unsuccessful this year, I am from Arkansas, Senator BUMPERS, re- cane Danny dumped inches of rain on confident that they will come before garding the water quality component and brought devastating winds to the Senate again next year and I in- of the Cooperative State Research, Southwestern Alabama. This storm tend to work hard for their passage. Education and Extension Service alone caused millions of dollars in crop In particular, I am disappointed that (CSREES) Special Grants Program. In losses and farm related damages. the amendment to require the labeling particular, I note that although the Mr. President, unfortunately I can- of imported meat was dropped from the Senate agriculture appropriations bill not say that weather conditions im- final package. I strongly believe that for fiscal year 1999 included $436,000 for proved much in Alabama this year. we need to require foreign meat prod- water quality grant in North Dakota, Early spring flooding was followed by ucts to be clearly labeled as such. I the conference report now before us has devastating heat and drought. Ala- support free trade, but in order to have moved those funds into a separate bama’s cotton producers, corn produc- free trade you need to have full disclo- water quality item. Could the Senator ers, cattle producers and peanut pro- sure. American consumers have a right explain the reason for this action? ducers were forced to battle extreme to know if the meat they are buying Mr. BUMPERS. Over the past several conditions as they tried to keep crops has been produced in our Nation. years, the Congress has funded water and livestock alive. If this was not American stockgrowers have a strong quality grants through three separate enough, Hurricane Georges swept record of producing top quality prod- items with in the CSREES Special through the Gulf Coast this past week ucts, and the American consumer Grants Program, including the two the and caused millions of dollars more in should have the ability to identify Senator from North Dakota mentions. crop losses. these top quality products in the gro- The fiscal year 1999 appropriations bill To add insult to these weather-in- cery store. which Senator COCHRAN and I reported duced injuries, the troubled economic I am also disappointed that the to the Senate earlier this year included conditions in Asia and throughout amendment to establish a price report- a total of $2,897,000 for these activities. other parts of the world have decreased ing pilot project was dropped. Many of This amount includes funds at last the number of available markets for my constituents who are family ranch- year’s level for the North Dakota pro- our farmers. The loss of these markets ers are very concerned about the cur- gram and the balance directed to the has in turn led to lower prices. Where rent state of the packing industry, no- undesignated water quality item. The our farmers have actually made a crop, tably the increase in packer concentra- House included the third water quality they are finding that the market has tion. I share their concerns. Although I grant and provided a total of $3,389,000 bottomed out and there is very little generally do not favor government for all water quality special grants. profit available to them. mandates on any industry, I believe The conferees recognized the need to Mr. President, a series of natural dis- that the price reporting amendment strengthen our cooperative research asters coupled with economic collapse would have provided us with more activities for water quality, in a man- have hit Alabama’s farmers extremely transparency to determine what effect ner similar to the treatment of food hard. They need help. the recent trend towards consolidation safety and other priority research I am well aware of the fact that in the packing industry has had on cat- areas, and decided to consolidate and many other regions have suffered sig- tle prices. increase the funding level for water nificant farm-related losses. As I have In addition, I think we need to add quality through the CSREES Special pointed out, however they have not fairness to our meat inspection pro- Grants Program. Accordingly, all fund- been affected exclusively. I want the grams by allowing State-inspected ing for water quality research was devastation that Alabama’s farmers meat to move across State lines. We al- moved to a single item and in recogni- have suffered to be recognized on the ready allow Canadian and Mexican tion of the excellent record of the record. meat products to be sold in our Nation North Dakota program, language was Mr. President, this bill provides $2.1 based on a promise that their stand- included in the Statement of Managers billion in disaster assistance funding ards are the same as ours. There is no explaining that the North Dakota pro- and grants the Secretary of Agri- reason for our government to trust for- gram should continue to secure funding culture broad discretion to implement eign inspectors and not State inspec- through that item. disaster assistance awards. I urge the tors. We need to level the playing field Mr. DORGAN. I thank the Senator Secretary to make a full and complete for meat inspections to help out our for that explanation. Is the Senator review of all the factors affecting farm- small packers. Allowing small packers from Arkansas aware of the work un- ers in every region of the country. I to ship their products across State derway in North Dakota regarding want it noted that I believe that it is lines is not only fair, it would also in- water quality? fundamentally important that the Sec- crease competition in the packing in- Mr. BUMPERS. Yes, I am. I under- retary be aware of the extreme condi- dustry. Unfortunately this important stand the North Dakota program, de- tions that have befallen farmers in my issue was not considered this year at veloped through the Red River Water state. all. Management Consortium (RRWMC) is When Secretary Glickman makes the So Mr. President, while I will not ob- doing important work to help under- awards for farm disasters and economic ject to this Agriculture appropriations stand the occurrence, transport, and S11558 CONGRESSIONAL RECORD — SENATE October 6, 1998 fate of agricultural chemicals in the prices for other important Idaho agri- the past. We must allow American Northern Great Plains region. I believe cultural products. In August, I talked farmers to compete and give them the it is also noteworthy that the RRWMC to growers all over Idaho who are on tools they need to do so. This bill is an- is a basin-wide water management the verge of bankruptcy, they tell me other step in that direction. group, comprised of a number of gov- they are in trouble. Mr. President, I will vote yes for the ernment and industry stakeholders This appropriations bill will help appropriations bill and urge my col- throughout the water basin and has in- farmers get back on their feet. The bill leagues to do the same. cluded partners from municipalities, provides funding for a wide range of Ms. MIKULSKI. Mr. President, I rise agricultural industries, county govern- USDA programs, including agricultural today in opposition to the Agriculture ments, resource conservation and de- research, export initiatives, foreign Appropriations Conference Report. I velopment organizations, and public market development, nutrition pro- oppose this bill for three reasons. First utilities. Cooperation and coordination grams and other department oper- and foremost, it does not meet the of all these groups is vital and the net- ations. Much-needed short term relief needs of my state of Maryland. Second, work established in North Dakota is also provided—$1.5 billion in one- it does not sufficiently fund agri- should serve as an excellent model for time payments to assist producers who culture programs in order to help all other parts of the United States where have been hit by crop losses in 1998, an American farmers. Third, the method water contamination, especially from additional $675 million to provide as- by which the funding is spent is wholly agricultural runoff, posses a real or po- sistance to farmers who have suffered inadequate to address the farm crisis. tential threat to the environment and multi-year crop losses, $175 million for In my state of Maryland, we have public health. livestock feed assistance in a cost- been plagued by drought for the second Mr. DORGAN. I appreciate the Sen- share program available to ranchers consecutive year. Our farmers are los- ator’s understanding of the importance who lost their 1998 feed supplies to dis- ing crops and they are losing money. of this research and his familiarity aster, and $1.65 billion for increased They are struggling just to survive. with the RRWMC’s activities. Is it the AMTA (Agriculture Market Transition Couple the drought with the record low understanding of the Senator from Ar- Act) payments. prices, high costs and a glut in the kansas that the goals of the North Da- In a time when its farmers are expe- market and that spells disaster for our kota project are consistent with the riencing severe economic hardship, farmers. Official data reports that overall water quality research objec- Idaho is one of the big winners in the drought has destroyed between 30 per- tives of CSREES? process. Many important Idaho re- cent and 65 percent of the crops in nine Mr. BUMPERS. Yes, I believe they search projects were included in the Southern Maryland and lower Eastern are. The CSREES water quality pro- bill, including over $1.2 million for po- Shore counties. Loss of soybean, to- grams are intended to help investigate tato variety development, $329,000 for bacco, wheat and corn crops is making the impacts of non-point source pollu- peas and lentils, $423,000 for grass seed this a very tough season for Maryland tion and recognize the public’s concern and $550,000 for small fruit research, farmers. Let me assure you I will not about the possible risks to the environ- among others. just stand by and let this happen to my ment resulting from the use of agricul- The agriculture appropriations bill farmers. tural chemicals. Therefore, the purpose will also help promote American agri- I am already fighting with the rest of of the RRWMC’s activities are clearly culture overseas. The Market Access the Maryland delegation team to pro- consistent with the goals of the agen- Program continues to be a vital and vide emergency loans from the Depart- cy’s water quality research mission. important part of U.S. trade policy ment of Agriculture to our farmers and Further, I understand that the RRWMC aimed at maintaining and expanding to officially designate them disaster has been able to leverage non-federal U.S. agricultural exports, countering areas because of the drought. But this funds on a ratio of about two to one. subsidized foreign competition, money does not really take care of the Given current budget constraints, this strengthening farm income and pro- problem. This is not some heroic as- accomplishment is to be commended tecting American jobs. MAP has been a sistance program for our farmers. It is especially in recognition of the fact tremendous success by any measure. just a loan. This is money that must be that the CSREES water quality grant Since the program was established, paid back. It does not provide any real has received nearly $48 million in ap- U.S. agricultural exports have doubled. long term assistance for our farming propriations since 1990 and has only In fiscal year 1997, U.S. agricultural ex- community. That is precisely the job of been able to leverage approximately $1 ports amounted to $57.3 billion, result- Congress today. million per year during that time. The ing in a positive agricultural trade sur- Our farmers need help so they can record of RRWMC in leveraging non- plus of approximately $22 billion and continue to farm. They need help now, federal funds is, therefore, all the more contributing billions of dollars more in this is true, and they need these loans. impressive and worthy of these federal increased economic activity and addi- But eventually, loans must be paid dollars. In view of the important ongo- tional tax revenues. This appropria- back with money earned. And this ing work of the RRWMC on the impor- tions bill continues funding for MAP. money will not and cannot be earned tant issues of water quality protection, Also included in the bill is funding without our help. We should be uplift- their cooperative relationships with a for the Agriculture Education Competi- ing our farmers and helping them to wide variety of stakeholders, and their tive Grants Program. This program help themselves. Not just continuing ability to leverage non-federal re- funds grants for school-based agricul- their burden of debt. We need help, and sources, I believe the conferees would tural education at the high school and this Agriculture Appropriations bill agree that RRWMC should be able to junior college levels of instruction. neither addresses Maryland’s agricul- secure funding of, at least, last year’s Competitive grants targeted to school- tural problems nor the agricultural level in the coming fiscal year. based agricultural education will be problems scourging the rest of our Mr. DORGAN. I appreciate the Sen- used to enhance curricula, increase country. ator’s understanding of the fine work teacher competencies, promote the in- Farmers in my state of Maryland of the RRWMC and his words of encour- corporation of agriscience and agri- came to me with their priorities for agement for their activities under business education into other subject this bill, neither of which are ade- CSREES in the coming fiscal year. matter, like science and mathematics, quately addressed. First, this bill does Mr. KEMPTHORNE. Mr. President, I and facilitate joint initiatives between not provide adequate funding for oper- rise today to delcare my support for secondary schools, 2-year postsecond- ating loans so farmers can buy the the fiscal year 1999 Agriculture appro- ary schools, and 4-year universities. equipment and supplies necessary to priations bill. This will help our young people be suc- plan for the next season. Without these American agriculture is in a state of cessful in an ever-increasing competi- loans, many of our farmers will not emergency. No one who has read a tive agriculture market. have the funds they need to plant. This commodity report in the last few Is this is a perfect bill? No, but it is then becomes a vicious cycle. Without months would disagree. Wheat and bar- one that is fiscally responsible and it the funds to plant, the farmers cannot ley prices are at record lows as are does not return to the failed policies of make money for the next year, and pay October 6, 1998 CONGRESSIONAL RECORD — SENATE S11559 back or even be eligible for loan assist- not provide adequate income during to act prudently. However, the provi- ance. low-price periods. This means the cur- sion will ensure that the President’s The second, and most important rea- rent system is failing us. Rather than Working Group on Financial Markets son this bill does not satisfy the needs pump more money into a failed system, has an opportunity to advance its cur- of my state is because this bill does not it is time we overhaul the method. rent study of the appropriate regula- uncap the market loans. My farmers Let me say that I absolutely agree tion of over-the-counter derivatives, a have told me that their number one with Senators DASCHLE and HARKIN study I asked the working group to priority is to take the artificial caps that this bill does not sufficiently ad- begin back in July. The turbulence in off the market loans. In fact, my farm- dress the farm crisis. More needs to be financial markets during recent weeks ers have told me they desperately need- done. I am sorry not to vote for this ap- should finally convince everyone of the ed the caps off the market loans. Last propriations bill. Mr. President, let me need to expedite this study. The stand- week, a new U.S. Department of Agri- be clear—I wanted to vote for an agri- still also allows crucial decisions about culture report forecasted a net farm in- culture appropriations bill today. I OTC derivatives to be made, as they come for 1998 at $42 billion, down $7.9 think we all did. In fact, I want to see should be, in Congress. billion from last year. This amounts to all thirteen of these appropriations Restoring legal certainty to swaps nearly a 16 percent drop in farm in- bills pass, as they rightly should. But I will also help to calm markets: In a come. The report also said that farm will not support a bill that short- volatile period, the last thing markets debt is anticipated to reach $172 billion changes our farmers. I did not vote for need to deal with is the threat of valid by the end of 1998. the Freedom to Farm bill for this very contracts becoming unenforceable. I What do these forecasts tell us? This reason, I will not vote for the agri- commend Senator COCHRAN for his says that any federal response that culture appropriations bill today. sponsorship of this provision, which stops short of recognizing the fun- Mr. LUGAR. Mr. President, I will Congressman BOB SMITH and I pro- damental problem of depressed prices vote for the 1999 agriculture appropria- posed. will absolutely not address the prob- tions conference report. Unfortunately, Unfortunately, the conference report lem. We cannot pass a band-aid meas- several unwise provisions have been has a number of undesirable provisions. ure and expect it to stick in the long added since this bill passed the Senate. Most regrettably, this conference re- term. This is just not possible. The The cumulative weight of these mis- port adopts a House provision to deny only way to start to correct the prob- taken policies does not outweigh the funding for the Initiative for Future lem is to start at the root. And this many good things in the bill, but is Agriculture and Food Systems. It is means acknowledging and dealing with still reason for substantial concern. difficult to understand why this initia- the depressed crop prices. Uncapping The bill is commendable in many tive, which passed both Houses of Con- the market loans is crucial to con- ways. The conferees wisely rejected ef- gress by overwhelming margins earlier fronting this problem. forts to increase price support loan this year, was neglected when many I will not vote for this bill today be- rates. Instead, they expanded disaster less urgent—and more parochial—re- cause it does not provide enough fund- assistance from $500 million in the Sen- search items were funded. The initia- ing to deal with these problems. The ate bill to $2.35 billion. This aid will tive’s competitive grants and carefully Democratic farm relief package offered benefit farmers with 1998 losses as well chosen priorities represent the direc- by Senator HARKIN in conference was as producers in some regions who have tion in which federal research funding sadly defeated along partisan lines. suffered several consecutive years of should go. To deny funding for research This package would have provided the loss because of weather or disease. that will help us feed future genera- necessary $7.3 billion in funds to cover The bill also provides $1.65 billion in tions is unconscionable. both disaster and economic losses, in- market loss payments to farmers. The conference report has other cluding a provision to increase market- These payments provide income sup- flaws. It adopts new loan programs for ing loan rates. The Republican plan— port without doing violence to the honey and mohair which were not con- less than $4 billion—adopted by the basic structure of the 1996 FAIR Act. In tained in either bill. Programs for committee came as an extreme dis- preserving the FAIR Act’s ‘‘freedom to these commodities were abolished only appointment. All states suffer under farm,’’ the market loss payments are a few years ago. The conference report the Republican plan. In my state alone, clearly superior to the higher loan also adopts language from the House Maryland would receive only $7 million rates preferred by our Democratic col- bill which will delay the reform of milk in assistance verses $21 million under leagues. Raising loan rates, according marketing orders by six months. Such the Democratic plan. to the non-partisan Food and Agricul- a delay is doubly unfortunate since the The magnitude of losses suffered sim- tural Policy Research Institute, would Secretary of Agriculture is already ply does not merit this meager and cause more production, higher surplus proposing only half-measures to reform shallow attempt to pass this bill. All stocks and lower prices and incomes in this antiquated and byzantine system. one need do is look at the facts. The future years. Even though higher loan The report’s statement of managers level of economic assistance contained rates might raise prices in the short contains statements about the sugar in the bill is $1.65 billion. The net farm term, they would have deleterious ef- program which, though not legally income projected is expected to fall fects that would plague U.S. agri- binding, would negate a provision of this year alone by $8 billion to $10 bil- culture for years to come. the FAIR Act if they were taken seri- lion. Clearly, this bill does not increase Other parts of the bill deserve praise. ously by the Department of Agri- the amount of relief to a level that will The conferees adopted a biodiesel pro- culture. The managers state, in effect, help farmers weather the economic cri- vision in the Senate bill which I spon- that the one-cent-per-pound penalty sis. sored along with other Senators. En- assessed on forfeited sugar should not Finally, I will not support this bill couraging the use of biodiesel will ad- be considered an effective reduction in because the method by which the fund- vance, in a small way, the neglected the support price of sugar, especially ing is spent is wholly inadequate to ad- cause of energy self-sufficiency and re- for purposes of determining the tariff dress the farm crisis. The assistance is newability. The conference report will rate quota for imports. But that was, of not directed to the person who suffered also facilitate an increase in overseas course, precisely the intent and effect the loss. Increasing the Republican food assistance through Food for of this provision. The logical result of plan would simply send money to land- Progress. a one-cent penalty is to reduce by that lords who have already been paid their I also commend the conferees for amount the price at which a sugar cash rent for the year. These Agricul- adopting a regulatory standstill that processor would be indifferent to for- tural Market Transition Act (AMTA) will restore legal certainty to swap feiture or a market sale. It is instruc- payments benefit the absentee land- transactions. This standstill will allow tive to read comments on the floor of owner, rather than the farmers who the Commodity Futures Trading Com- the House, during debate on the FAIR need the assistance. One recent study mission to take necessary actions in a Act by a strong advocate of the sugar showed that 73 percent of the nation’s financial emergency, as well enforce- program, former Congressman E de la farmers feel the current farm bill does ment actions. It leaves regulators free Garza. The former chairman of the S11560 CONGRESSIONAL RECORD — SENATE October 6, 1998 House Agriculture Committee said that far less than meaningful for Louisiana resolve this pending economic agri- the FAIR Act’s sugar section ‘‘effec- and other Southern states who are suf- culture crisis. tively reduces the loan rate by 1 cent fering one of the worst droughts in 100 I thank the Chairman for yielding his and ensures an increase in foreign im- years. Already, we have thousands of time and I yield the floor. ports.’’ farmers whose crops and pasture land Mr. KERREY. Mr. President, during The conference report also reverses have been burnt up by the heat and an my October 5, 1998, floor statement on one recent reform of the catastrophic estimated $450 million in crop losses in the 1999 Agriculture Appropriations crop insurance program. Not only does Louisiana alone. These same farmers Conference Report, I referred to and in- the conference report allow multi-mil- are also facing some of the worst com- serted for the record a chart showing a lion dollar operations to continue buy- modity prices in over a decade. Not state-by-state breakdown of the Demo- ing catastrophic coverage for as little only are Louisiana farmers hit with cratic and Republican ag relief propos- as $60, rather than a small percentage low prices, they also have no crop. als. I wish to clarify that the chart was of crop value. It also extends this pro- Therefore, I have argued and strongly not generated by the Congressional vision into the future, something that supported additional funding to address Budget Office, but rather an estimate is simply not appropriate in a one-year this crisis. This funding is justified and prepared by the Senate Agriculture appropriation bill. Finally, funding was should be provided. Committee staff based on the aggre- cut for environmental assistance that However, Mr. President, we also have gate CBO estimate of the cost to re- mitigates non-point source pollution— a conference report before us, a bill move the caps placed on marketing the Environmental Quality Incentives that provides a total of $55.7 billion in loans in the 1996 Farm Bill. Program. Like the Initiative for Fu- essential funding for some very impor- Mr. President, I appreciate this op- ture Agriculture and Food Systems, tant agriculture, rural development, portunity to make this clarification. Mr. BRYAN. Mr. President, I rise EQIP is funded through mandatory ac- and nutrition programs. Additionally, today to briefly discuss two provisions counts that are under the jurisdiction included in this measure is over $25 included in the conference report ac- of authorizing, not appropriating, com- million for much needed research and companying H.R. 4101, the Agriculture mittees. education projects in Louisiana. Appropriations Bill. Even after listing disappointing ac- Mr. President, the senior Senator First, I want to express my gratitude from Louisiana and I have both advo- tions, I have chosen to highlight the to the House and Senate conferees for cated for additional funding for our positive achievements in this bill and retaining a provision in the conference farmers. However, the bottom line is other recent bills and enacted statutes report that was originally passed here that many members in the House and in which Republicans have shown their in the Senate relating to the Market ability to assist farmers in troubled Senate have differing views about how Access Program. times. this assistance should be delivered. As my colleagues are aware, the Mar- Under the Republican FAIR Act, loan Furthermore, many members have ket Access Program is administered by deficiency payments and marketing strong philosophical reasons for oppos- the U.S. Department of Agriculture loan gains for 1998 crops will total $4.2 ing even the $4.2 billion provided in through its Foreign Agriculture Serv- billion. Most of this amount is not this relief package. Therefore, with ice. MAP funding is designed to reim- counted in the most recent Adminis- only a few days remaining, before the burse private companies, industry asso- tration estimates of net farm income. Congress adjourns and the $450 million ciations and cooperatives for the pro- This summer, Republicans led the way in associated crop damages facing Lou- motion of brand-name products as well in passing a bill to augment farm cash isiana, the $4.2 billion provided in this as generic commodities overseas. flow by speeding up 1999 ‘‘freedom to legislation, is the best option on the Unfortunately, Mr. President, it has farm’’ payments. Now, Republicans are table for providing immediate assist- become quite clear that the Market Ac- asking the President to join in a $4 bil- ance to my state. Therefore, I am ris- cess Program is a flagrant example of a lion cash infusion into the farm econ- ing in support of this measure, which federal spending program gone wrong— omy—$2.35 billion in disaster assist- as stated by the Chairman and Senator one that is simply unproductive, un- ance and $1.65 billion in market loss BUMPERS has been one of the most dif- justified and unaffordable. payments. ficult conference reports ever consid- Over the past few years, I have stood These Republican initiatives will lift ered by the Agriculture Appropriations here on the Senate floor several times 1998 net farm income to near the 1997 Subcommittee. to highlight the assorted flaws with level and above the average level of the Mr. President, before I conclude my this program, particularly the out- 1990s. Without a doubt, many producers remarks I want to make two additional rageous reality that we are channeling are under severe stress. Not every oper- points. While I recognize that this is millions and millions of taxpayers dol- ation will survive. Like most other not the appropriate bill to reform crop lars to some of the most prosperous commodity prices, farm prices are de- insurance, I want to make a prediction corporations in America, including pressed because of the shock waves that if this issue along with revisions Sunkist, Welch Foods, Gallo and Gen- sweeping through the world economy. to the current loan rate structure are eral Mills. In such trying times, Republicans have not addressed early next year, we will My efforts to terminate the Market responded with practical assistance be back on the Senate floor debating Access Program were endorsed by a rather than ideological demagoguery. an even greater economic farm crisis. sweeping coalition of fiscal watchdogs, We should send this conference re- Then, we will not only be hearing from including Taxpayers For Common port to the President, and he should farmers, but bankers, retail store own- Sense, National Taxpayers Unions, sign it promptly. ers and state chambers of commerce. Citizens Against Government Waste, Ms. LANDRIEU. Mr. President, after I know that many of my colleagues Friends of the Earth, Citizens for a two and a half months of debate on the strongly support crop insurance re- Sound Economy and the U.S. Public In- economic and disaster crisis facing form. However, many Senators are op- terest Research Group. rural America and thousands of farm posed to revisiting any of the loan rate Unfortunately, proponents of this families, we are voting on a measure provisions included in the 1996 Farm policy made claims about the program that provides $4.2 billion in economic Bill. From my discussions with several that were difficult for the General Ac- relief to our farmers. reputable farmers in Louisiana this counting Office to refute as a result of During the course of this debate, we issue should be reconsidered. the lack of available information about have heard from our Democratic Lead- Mr. President, with the many com- the effectiveness and value of the pro- er, who I want to commend for his plicated issues facing farmers, only gram. Clearly, greater scrutiny of this leadership on this issue, our President, through a bipartisan effort can we program is appropriate and necessary. and many others who believe that begin to address these matters. There- In July of this year, the Senate much more assistance is needed to ade- fore, I hope that the Democratic and passed an amendment that I authored quately address the serious situation Republican leaders in the House and to the Agriculture Appropriations bill facing rural America. I fully agree that Senate will take the additional steps that I believe will have a profound ef- the relief provided in this legislation is needed early next year to address and fect on the future of the Market Access October 6, 1998 CONGRESSIONAL RECORD — SENATE S11561

Program. I am pleased this provision ators KERRY and FEINGOLD, in termi- the midnight hour to a conference re- has been retained in the conference re- nating the wool and mohair subsidy port. This is not the way we ought to port before us today. that had existed for nearly forty years. conduct the business of prioritizing This provision requires the USDA to We shut that program down. taxpayer dollars. estimate the impact of the Market Ac- That was no small accomplishment, Mr. President, each year, appropria- cess Program on the agriculture sector Mr. President. tions bills are a target for members to as well as on U.S. consumers, while The Congress is clearly capable of, advance political platforms. I find that also considering the costs and benefits and has been somewhat successful in the accounts for the Agricultural Re- of alternative uses of the funds cur- reducing the size, scope and funding for search Service and the Cooperative rently allocated to MAP. a number of federal spending programs. State Research, Education, and Exten- Additionally, the amendment re- But to actually terminate a program sion Service are a virtual goldmine for quires USDA to evaluate the additional and to categorically wipe that program member-interest earmarks. spending of participants and the clean from the federal budget, is in- For example, specific earmarks are amount of exports additionally result- deed, an uncommon achievement. directed at the cost of: Mr. President, I am not here to dis- ing from the Market Access Program. $250,000 for ‘‘alternative fish feed’’ in I believe, Mr. President, that this in- pute the contention that mohair pro- Idaho; $750,000 for grasshopper research in formation will allow the General Ac- ducers are deserving of emergency as- Alaska; $250,000 for lettuce geneticist/breed- counting Office to produce a useful sistance. Certainly, virtually every ing in Salinas, California; $1,000,000 for pea- evaluation that will enable Congress to component of our agricultural commu- nut quality research in Dawson, Georgia and make an informed, responsible decision nity has been adversely affected by the Raleigh, North Carolina; $162,000 for peach about the utility of continuing this crisis that is facing our Nation’s farm- tree shortlife in South Carolina; $200,000 for program in future years. ers and producers. tomato wilt virus in Georgia, and $750,000 to But I do want to take this oppor- the Fish Farming Experiment Laboratory in Unfortunately, while this amend- Stuttgart, Arkansas. ment will throw a spotlight on one tunity to express to the distinguished wasteful federal spending program, I Chairman and distinguished Ranking While I am not an expert in the agri- am concerned that another provision in Member of the Subcommittee my sin- cultural field, I find it incredulous that this conference report could com- cere hope that the inclusion of this we can expend one million dollars on promise past and future efforts to rein funding for mohair producers is not an peanut quality research while we are in other wasteful and unnecessary fed- attempt to re-open the wool and mo- experiencing a crisis in the farm econ- eral expenditures. hair subsidy program that was shut omy! Additionally, a quarter of a mil- As part of an effort to provide eco- down by Congress just a few short lion is earmarked for ‘‘alternative fish nomic assistance to farmers and pro- years ago. feed’’? While I am certain that the ducers who have been hit hard by the Terminating the wool and mohair members from these respective states worsening weather and market condi- subsidy was a small step on the road to can make their case for directed fund- tions facing rural America, this legis- a balanced budget, and I fully intend to ing for these projects, I question their lation includes roughly $6.5 million in monitor this situation next year. If we desire to side-step a competitive and the form of recourse loans for mohair are to stay the course of fiscal respon- merit-based review process. producers. sibility, we must make sure that the I was pleased to note in the con- Perhaps this funding assistance is American taxpayer is not forced to ference report a recognition of the im- warranted. Clearly, the entire agricul- subsidize those antiquated programs portance of merit review procedures for tural community is reeling from pro- the Congress has deemed to be wasteful grant funding. However, despite this longed disastrous weather conditions, a and unaffordable. recognition, the report continues to in- 20-year low in commodity prices and Mr. MCCAIN. Mr. President, the Agri- clude directive language which explic- dwindling overseas exports. culture Appropriations bill continues itly leads the agency to grant specific It is imperative that we provide to funding for the various agricultural projects with special consideration. our producers in need, timely disaster and land-based programs within USDA For example, the report reads: and other economic assistance for crop and directs $4 billion in additional The House and Senate reports recommend losses and other related dilemmas. spending to support emergency farm projects for consideration under various However, we must be clear in stating relief and crop assistance to help farm- rural development programs and the con- that the emergency assistance provided ers in need during a critical year of dis- ferees expect the department to apply estab- in this bill for mohair producers is not aster-related conditions. lished review procedures when considering applications. in any way, shape or form an attempt Back in July, I reported more than to resuscitate the mohair subsidy pro- $241 million in earmarks contained in The report then directs: gram that was shut down by the Con- the Senate bill for unrequested, unau- The conferees further expect the Depart- gress just a few short years ago. thorized or purely parochial projects. A ment to give consideration to business enter- My colleagues will recall that the review of the conference report leads prise and housing preservation projects in mohair subsidy program originated in me to determine that the conferees the city of Bayview, VA; aplications for rural business enterprise grants from 1954, when Congress passed the Na- jointly decided to overload this report TELACU, for a project in Selma, CA; for as- tional Wool Act, authorizing a subsidy with even more flagrant examples of sistance for a community improvement pro- program to guarantee the production wasteful and unnecessary spending. gram in Arkansas; water and sewer improve- of domestic wool for military uniforms This year’s conference agreement is ments for the City of Vaughn, NM; the during the Cold War era. more than $381 million above the budg- Shulerville/Honey Hill Water project, South Mohair, which was used for decora- et request and higher than either the Carolina; and a rural enterprise grant for In- tive braids on military uniforms, was Senate or House had proposed. dian Hills Community College in Iowa. inexplicably affixed to the wool sub- Included in this spending bill is an This is a true disservice to the many sidy program. added farm relief package that totals potential competitors who are vying Over the years, the need and jus- $4 billion for crop loss assistance and for funding, yet decide to work through tification for both the wool and mohair market loss payments to help farmers the designated competitive grant proc- subsidies has plainly evaporated. Yet cope with emergency situations and ess. in 1992, years after the sun had set on falling prices. We did not vote on this Last year I noticed a practice by the the Cold War and the strategic need for measure as part of the original Senate appropriators of using the appropria- wool and mohair had long expired, wool or House bill, it was added in con- tions process to prevent Federal agen- producers were still receiving roughly ference. This is a very serious issue cies from following government-wide 130 million dollars in subsidy payments which involves a substantial amount of efforts to down-size and cut back on while mohair producers were still re- federal spending. Certainly, this de- unnecessary bureaucracy. This year’s ceiving about 48 million dollars. serves thoughtful deliberation and conference report formalizes this prac- In light of this, I joined with several careful review through our established tice as a tradition by including lan- of my colleagues in 1993, including Sen- process, and should not be attached at guage such as: S11562 CONGRESSIONAL RECORD — SENATE October 6, 1998 Language whereby the conferees ‘‘ex- Fortunately, groups like the Na- we have had an outbreak of school vio- pect the Secretary, to the extent prac- tional Parent-Teacher Association, lence. Eleven students and two teach- ticable, to avoid the use of reductions- Mothers Against Violence in America, ers have been killed and more than 40 in-force or furloughs for both Federal the American Medical Association, and students have been wounded in shoot- and non-federal employees or any coun- others are spreading the word without ings by children. In addition, we have ty office closings’’; or, our help. They are encouraging young lost thousands of children in what has Prohibitive language which prevents people all over this country to sign a become the all-too-common violence of the expenditure of funds made avail- pledge and promise they—will never drive-by shootings, drug wars, and able by the Food and Drug Administra- take a gun to school; will never use a other crime and in self-inflicted and tion to close or relocate, or to plan to gun to settle a dispute; and will use unintentional shootings. close or relocate, the Food and Drug their influence to prevent friends from Last year, Senator KEMPTHORNE and Division of Drug Analysis in St. Louis, using guns to settle disputes. That is I led the cosponsorship drive of this Missouri. what this resolution is about. resolution after his 17-year-old neigh- Mr. President, I am not trying to un- Mr. President, this is exactly the bor was murdered by a 19-year-old in a dermine the hard work of the conferees message the United States Senate random act of violence in Washington for they do have a difficult responsibil- should be sending to our children. We State. Ann Harris’ parents vowed to ity. I commend the managers on both want them to make a personal commit- transform their grief into an oppor- sides of the aisle in working out a care- ment against violence. We want them tunity to help teach our young people ful compromise. Unfortunately, the Ag- to help convince their friends to do the to care about each other and to stop riculture Appropriations conference re- same. We want them to join together the violence. This month, they are suf- port is representative of legislative cir- to fight against youth violence. Just fering through the trial of her accused cumvention and the troubling practice like we should be doing. killer. We should support them. of pork-barrel spending. We must pass this resolution. Let me Mr. President, we must, absolutely Mr. President, I yield the floor. read to you a list of the Senators who must pass this resolution. I urge Mr. COCHRAN addressed the Chair. have committed themselves to estab- whomever has a hold on this resolution The PRESIDING OFFICER. The Sen- lishing this day of concern and helping urging young people to say no to gun ator from Mississippi. steer kids away from violence: Sen- violence to drop his or her hold and let Mr. COCHRAN. Mr. President, I sug- ators KEMPTHORNE, LAUTENBERG, SMITH us send a message from the United gest the absence of a quorum. of Oregon, KENNEDY, BAUCUS, SPECTER, States Senate to every young person in The PRESIDING OFFICER. The ROBB, AKAKA, SARBANES, CHAFEE, America: Stop gun violence now. clerk will call the roll. LIEBERMAN, FAIRCLOTH, JEFFORDS, I yield the floor. The legislative clerk proceeded to GORTON, REID of Nevada, D’AMATO, f call the roll. DASCHLE, ROCKEFELLER, KERREY of Ne- Mrs. MURRAY. Mr. President, I ask braska, LUGAR, FEINGOLD, BUMPERS, RECESS unanimous consent that the order for ABRAHAM, CRAIG, COLLINS, WELLSTONE, The PRESIDING OFFICER. The Sen- the quorum call be rescinded. COCHRAN, GRAMS, GRAHAM of Florida, ate stands in recess, under the previous The PRESIDING OFFICER. Without DURBIN, BOXER, HUTCHISON, LEVIN, order, until 2:15. objection, it is so ordered. GLENN, MOSELEY-BRAUN, BIDEN, MOY- Thereupon, at 12:44 p.m., the Senate f NIHAN, FEINSTEIN, DODD, BINGAMAN, recessed until 2:15 p.m.; whereupon, the TORRICELLI, JOHNSON, BREAUX, WAR- Senate reassembled when called to UNANIMOUS CONSENT REQUEST— NER, FRIST, INOUYE, LANDRIEU, BURNS, order by the Presiding Officer (Mr. S. RES. 264, ESTABLISHING A KOHL, KERRY of Massachusetts, WYDEN, HUTCHINSON). DAY OF CONCERN FOR YOUNG CONRAD, BUMPERS, MIKULSKI, MCCAIN, The PRESIDING OFFICER. The PEOPLE AND GUN VIOLENCE SNOWE, NIGHTHORSE CAMPBELL, and Chair, in his capacity as a Senator Mrs. MURRAY. Mr. President, I ask BENNETT. There are 59 Senators who from the State of Arkansas, suggests unanimous consent that the Judiciary are cosponsors of this simple resolution the absence of a quorum. The clerk will Committee be discharged from further to prevent gun violence amongst our call the roll. consideration of S. Res. 264 and that youths. The legislative clerk proceeded to the Senate proceed to its immediate We all are convinced the best way to call the roll. consideration, that the resolution and prevent gun violence is by reaching out Mr. DASCHLE. Mr. President, I ask preamble be agreed to en bloc, and the to individual children and helping unanimous consent that the order for motion to reconsider be laid upon the them make the right decisions. This the quorum call be rescinded. table without intervening action. resolution gives parents, teachers, gov- The PRESIDING OFFICER. Without Mr. COCHRAN. Mr. President, I ob- ernment leaders, service clubs, police objection, it is so ordered. ject. departments, and others a special day f The PRESIDING OFFICER. Objec- to focus on the problems caused by AGRICULTURAL, RURAL DEVELOP- tion is heard. young people and gun violence. October MENT, FOOD AND DRUG ADMIN- Mrs. MURRAY addressed the Chair. is National Crime Prevention Month— ISTRATION, AND RELATED The PRESIDING OFFICER. The Sen- the perfect time to center our atten- AGENCIES APPROPRIATIONS ator from Washington. tion on the special needs of our kids ACT, 1999—CONFERENCE REPORT Mrs. MURRAY. Mr. President, I real- and gun violence. ly regret the objection and I rise today A Minnesota homemaker, Mary The PRESIDING OFFICER. Under to really plead with my colleagues to Lewis Grow, developed this idea for a the previous order, the order of busi- lift the hold on this really simple, bi- Day of Concern for Young People and ness is the agriculture conference re- partisan resolution that simply encour- Gun Violence. This will be the third port. ages our children to stay away from year the Senate has passed a resolution The Senate continued with consider- gun violence. I thank my friend and urging kids to take the pledge against ation of the conference report. colleague, Senator KEMPTHORNE, who gun violence. In 1997, 47,000 students in Mr. DASCHLE. Mr. President, I know has been working with me to try to Washington State signed the pledge that there is a vote at 3:15. I wanted move this resolution. card, as did more than 200,000 children the opportunity to address the con- In 2 days it will be October 8, the day in New York City, and tens of thou- ference report prior to that vote. this resolution calls upon the President sands more across the country. Let me begin first by complimenting to establish a Day of National Concern Just think of the lives we could have the distinguished Chair for the manner for Young People and Gun Violence. In saved if all students had signed—and in which he has conducted himself in 2 days, the Senate will have missed an lived up to—such a pledge last year. this debate, as he does with all debate. opportunity to send a message to our Consider that in the months between We may have deep differences of opin- kids that gun violence is the wrong today and the day we demonstrated our ion on this particular issue, but in true way to solve problems. concern about youth violence last year, form he has been a statesman and, I October 6, 1998 CONGRESSIONAL RECORD — SENATE S11563 think, a model for all of us in the way 20 percent. The sad thing is that the must, when we come back, negotiate a he has conducted himself. As I say, I Department of Agriculture has just re- relief package that is based at least on take issue with the bill but certainly leased new figures to suggest that several principles that I hope will not with the manager and the Chair of there is no real hope in sight. The fact enjoy broad, bipartisan support. First, the committee. He has in so many is, for at least the next 12 months we we must have strong indemnity-related cases done an outstanding job. don’t see circumstances improving. relief for farmers with no crop, and Let me also applaud our distin- The last time the Congress was in a meaningful income relief for farmers guished ranking member. This will situation similar to this was the mid- with a crop at low prices. In other probably be the final bill that he man- eighties. At that time, we had a safety words, there are two categories of ages. He knows how strongly I feel net; we had policy positions that al- farmers who are in desperate condition about him and the friendship that I lowed us the opportunity to respond today. In many cases in the South, we have and feel toward him. He is one of more equitably. Some might argue have a problem of farmers not having a the finest Members of the Senate who that maybe we went too far. I don’t crop. I know that is especially true in has ever served, in my opinion. We will know, what is too far? All I know is, Louisiana, and I suspect it is true in miss him more than we can ever pos- during that critical timeframe, in 1986 other Southern States as well. In the sibly express. It is with sadness that I dollars, we committed $26 billion to re- Northeastern States, we have a prob- acknowledge that this may be his last spond to the disaster. Now a lot of that lem of having a crop, but absolutely no bill, but it is with a great deal of satis- was not decided in the Senate, because prices. And so we have circumstances faction in looking back over the past 12 there was a safety net already in place. that vary, depending on the geographic years in my service with him that I But it was so bad, we committed $26 area. Whatever it is we do, I hope we share many fond memories and many billion in ways that would soften the can agree that both circumstances extraordinary legislative success sto- blow and keep farmers and ranchers on have to be addressed. ries. the farm. It did. A lot of them dug out, Secondly, income assistance must be The conference report that is before got back in the black, and continued to linked to 1998 crop year production. We the Senate is one that I believe fails to be productive, tax-paying members of don’t know what it is going to be in recognize the extraordinary nature of rural communities all across this coun- 1999. We are told it is not going to get the circumstances we find ourselves in try. any better. So we must focus on the in the agricultural industry across this What we are suggesting is, we can’t 1998 crop year and target producers, country. People on both sides of the afford $26 billion, we can’t afford $20 not just anyone with an AMTA or Free- aisle acknowledge the seriousness of billion, we can’t afford half that dom to Farm contract, but all produc- the crisis. They acknowledge the fact amount, $13 billion. All we can prob- ers who otherwise will have no hope of that prices continue to plummet. Many ably commit to, given the array of finding the kind of financial security of my colleagues on the Democratic needs that are out there and given our or relief that they need to get through side have indicated that grain prices circumstances, is $7 billion. these winter months. have already fallen at least 25 percent The secretaries of agriculture said, I hope, Mr. President, that we also ‘‘That isn’t enough, we need $9 bil- below the 1997 level. could agree, on a bipartisan basis, that lion,’’ and wrote in a letter to us just I have asked people in the media and losses born by livestock producers who last week, ‘‘We need $9 billion, not $7 around the country to imagine what have never had a farm program, and for billion.’’ would happen if Wall Street prices had whom fair trade legislation is critical, fallen in 1 year by 25 percent. How What do our Republican colleagues propose? Something less than four— could be dealt with successfully as many Wall Street Journal articles well. There are two things that the would we see? How many front page over $3 billion, a fraction of what we Senate did in July that I hope, on a bi- stories in the daily newspapers would did in 1986 when the circumstances partisan basis, we could restore once we see if prices plummeted that far? were as bad as they are now. we come back to the table. The first is Obviously, there would be tremendous Mr. President, what we are saying is country of origin meat labeling. I don’t national anxiety about those cir- that given the fact that we could be think there is anything that would cumstances. out of session sine die—that is, without That is exactly what has happened in any real expectation of coming back help more, psychologically as well as agriculture. Prices have plummeted by before the next Congress—and rec- financially, than to have the same re- more than 25 percent. There are some ognizing that in the next Congress quirement for meat that we have for who believe that ‘‘business as usual’’ is there is very little chance of being virtually every other imported prod- acceptable here. I am not suggesting back in this position in January or uct—labeling. Our farmers and ranch- that our Republican colleagues have February during the cold winter ers have said that they believe that, approached this matter with that in months, perhaps not even in March or more than anything else, this would mind, but I do believe that there is a April—it could be at least 6 months be- improve competition in the retail and significant difference of opinion. Unfor- fore we have a chance to really seri- wholesale marketplaces. If the Amer- tunately, it does break partly along ously consider this situation again. We ican consumer knew what it was they partisan lines in recognizing the depth are simply saying that we cannot com- were eating and where it was from, our of the problem and in dealing with it mit only this meager amount of re- farmers and ranchers agree almost prior to the time we leave this year. sources to a situation that, in many re- unanimously that they would be in a Livestock producers today are losing spects, is every bit as bad if not worse much stronger and competitive posi- somewhere between $100 and $150 per than in 1986. This cannot be the full ex- tion. head. A number of States in the Mid- tent of our response. That is what the The second is to do something that west are likely to lose at least 20 per- President is saying. The President has they talk about almost anywhere I go cent of our farmers in the coming year, reluctantly said that he will veto this in the country, but especially in the according to state secretaries of agri- legislation. He will either veto it today Dakotas, and my home State of South culture—these are not my figures, but or tomorrow. It will be vetoed this Dakota in particular, and that is im- the secretaries of agriculture in the week. prove price transparency. Increase upper Great Plains who are reporting So there is no doubt that we are market reporting of prices paid for to us that one out of every five farm going to be coming back and we are livestock, specifically by the big pack- and ranch families will probably be going to have to make a decision as a ers of formula contract prices. We all forced off their farm or ranch as a re- result of that veto about what we do. know what is happening right now. Se- sult of the circumstances we are facing Our hope is that our colleagues can cret contracts are being signed with no today. In South Dakota, that means come to some resolution quickly. It ap- appreciation for what the market is. perhaps as many as 7,000 producers who pears that we are going to have to go That has a devastating effect on the will no longer have the livelihood they through the veto to come back to the marketplace. Farmers are left in the have right now. table. But, indeed, we will come back. dark. It would be like going to buy a Nationwide, we expect an $11.4 billion So, Mr. President, that is where I be- car or a pickup, or any kind of product, reduction in farm income. That is over lieve we have found ourselves. We and not knowing what the price was S11564 CONGRESSIONAL RECORD — SENATE October 6, 1998 and not knowing what the comparable We believe that our proposal is also President’s veto. When that happens, prices are in the industry and wonder- fiscally responsible. We link price re- let’s get back to work, and let’s deal ing, based upon your best judgment, lief to the market price, and we cer- with this issue successfully. whether you were getting a good deal tainly recognize that it addresses the I yield the floor. or not. We would not do that were we real problems that we are facing across Mr. COCHRAN addressed the Chair. buying a car. We could not do that if the board in agriculture. I think our The PRESIDING OFFICER. The Sen- we were buying a house. Yet, every day colleagues on the other side have failed ator from Mississippi. our farmers and ranchers are expected to address the dual nature of the crisis Mr. COCHRAN. Mr. President, I yield to pit themselves against the big pack- —that is, loss of crops and loss of in- such time as he may consume to the ers and try to guess, using some crystal come. I believe they are failing to rec- distinguished Senator from Wyoming. The PRESIDING OFFICER. The Sen- ball that they don’t have, what the ognize the severity of the crisis. As I ator from Wyoming is recognized. market looks like out there. So they noted earlier, Mr. President, our Sec- Mr. THOMAS. Thank you, Mr. Presi- are given a price, and in a very short retaries of Agriculture—the Associa- dent. timeframe, they have to decide wheth- tion of State Departments of Agri- Mr. President, first of all, let me er that is a good deal or not. They are culture—held an emergency conference thank the Senator from Mississippi for losing $100 to $150 a head right now. So last week to propose to us what they the work that he has done on this agri- we know what kind of deals they are believe ought to be done. Frankly, they culture appropriations bill. It is a very getting. said both of our relief packages were difficult one. It is a large bill of $56 bil- We need price transparency. The Sen- inadequate. They said that even $7 bil- lion. It is very difficult. It comes at a ate responded favorably to both of lion was inadequate, and even all the time when we are seeking, I think those proposals, but unfortunately policy changes we are recommending properly, to make a transition from they were dropped in conference. I am did not do what they felt was needed to the old farm programs with the acreage very hopeful that they can be restored. address the level of need they see allotments and the subsidies to a mar- These are steps we can take imme- today. So if $7 billion and all of the pol- ket system which, in my State at least, diately that will send a clear message icy changes we have recommended most farmers and ranchers believe we that we understand the circumstances doesn’t even cut it, $3.5 billion doesn’t should do. Coupled with that, of course, that livestock producers are in. And cut it, either. has come some unfortunate weather now is the time for us to deal with it, Over 150 Members of the House voted disasters, flooding and those kinds of not next spring after we have lost tens to send this bill back to conference. I things and crop failures as well. And of thousands of producers all over the hope that a large number of our col- certainly the Asian currency problem country. leagues on both sides of the aisle will has had an impact in terms of available Some of these matters that we have agree to send it back as well. We sim- foreign markets, which is very impor- debated have a cost-related function. ply can’t leave this Congress without tant when nearly 40 percent of agricul- Mr. President, there is no cost to label- providing essential disaster relief. tural products are sold in that way. ing, and there is no cost to mandatory We must not lose this opportunity. So now we are faced with the prob- price reporting. Keep in mind, we are We have a true emergency—an emer- lem of seeking to deal with these prob- suggesting that we would even settle, gency that I think jeopardizes farmers’ lems. Everybody wants to do that. Ev- at least at this point, for a pilot study and ranchers’ survival in a myriad of erybody wants to be helpful for agri- of those options. Let’s analyze what ways, and the survival, frankly, of culture. Then we need to find the prop- happens when we have full price report- rural communities all across this coun- er way to do it. We need to be able to ing. Let’s analyze what happens when try. The loss in income that we are see- do this in a way that I think does not we have meat labeling. We are willing ing has already started to translate cause us to deviate from our policy po- to sunset both of these in 2 to 3 years into lost farms and ranches. sition, which is to return to a market- in an effort to evaluate whether or not When I was home recently a friend place in agriculture. they have worked. At least let’s get told me that a banker he knows is We are doing a great deal for agri- started. I don’t think that is too much going to be forced to foreclose on 35 culture in this bill. There will be tran- to ask. farms in just one small community in sition payments. There will be pay- So, Mr. President, that is why many South Dakota alone this winter. The ments for disasters. As a matter of of us have taken such a strong position banker is so disturbed by what he is ex- fact, as I understand it, the figures on this conference report. Number one, periencing that he has actually joined that I have indicate that through 1996 it is our last shot at providing some a community prayer group just to deal and 1998 farmers have been paid ap- meaningful economic assistance to ag- with the stress he is feeling. proximately $17 billion under the old riculture, and, number two, it is an op- Another friend who is concerned bill. That would have been $10 billion. portunity that we may not have again about the impact that the depressed There has been a substantial increase for 7 or 8 months. We can’t wait that farm economy is having on commu- there. Farmers will receive approxi- long. Our package—the proposal that nities generally, said that a local mately $500 billion from the banks in we are hoping our colleagues would cleaning service has laid off all of its transition payments in October of this consider—is fair, and it is balanced employees because they have had no year. among all regions suffering low prices business since the end of July. Actually all these numbers added to- and disaster. It is targeted to the peo- These stories and many, many more gether equal $31 billion paid to farmers ple who need it; that is, producers of are unfolding across the country. As and ranchers over the past 3 years. If 1998 crops. It is fiscally responsible. my colleagues have noted already dur- you take the 1998 bonus in advance for Price relief is linked to the market ing this debate, we simply cannot leave 1999, we would be paying $15 billion out price, and it addresses the real needs of until we have successfully dealt with in this 1 year. agriculture. this matter. I hope that we can ear- There is a substantial interest being Mr. President, what time remains? Is nestly come to some closure, success- made and properly being made. There time allocated to both sides? fully recognizing the importance of are other things, in my view, that need The PRESIDING OFFICER. There this issue and dealing with it in as to be done as well. We need to do some- was an hour, equally divided, starting comprehensive a manner as is humanly thing about increasing foreign mar- at 2:15, with a vote scheduled at 3:15. possible. The stakes are too high. The kets, of course. I happen to be on the Mr. DASCHLE. How much time re- ramifications of failure are too high. Foreign Relations Committee and am mains on my side? Our only real chance to address this chairman of the Subcommittee on The PRESIDING OFFICER. The Sen- matter now is with this legislation. Asia. We are trying to do some things ator has just under 61⁄2 minutes. Mr. President, I urge a ‘‘no’’ vote on to reclaim that market—in all kinds of Mr. DASCHLE. Mr. President, I see the conference report. I will support ways to get those markets back, par- no other Democratic Senators on the the President’s veto. More than enough ticularly for agriculture. floor, so I will use the remainder of the Members of this Senate have indicated We have done something about the time. already that they will support the unilateral sanctions—the idea that if October 6, 1998 CONGRESSIONAL RECORD — SENATE S11565 something happens in Asia or Pakistan Mr. COCHRAN. Mr. President, may I country of origin labeling, a provision that the first thing you do is sanction inquire? How much time remains on providing for price reporting on a pilot off the sales of agricultural products. the conference report on both sides? project basis of fat cattle bought by We have made some changes there, as The PRESIDING OFFICER. The Sen- packers. It included several provisions indeed we should. ator from Mississippi has 16 minutes; which would have helped farmers just a I believe we should move forward in the minority has 2 minutes 21 seconds. little bit. doing something with income averag- Mr. COCHRAN. I thank the Chair. On the other side of the aisle, on the ing on a permanent basis for agri- Mr. BAUCUS addressed the Chair. Republican side, there was not much at culture. This is the kind of an industry The PRESIDING OFFICER. The Sen- all; as I said, 13 cents as opposed to 60 where you may have a very good year, ator from Montana. cents, with respect to wheat. or have a very poor year, and you Mr. BAUCUS. Mr. President, I am Mr. President, this package could should be able to income average. not managing time on our side. Did the only satisfy a farmer who expects noth- We need savings accounts for farmers Chair say the minority has 2 minutes ing. I fear, as I hear from disillusioned so they hold back in good years so they 21 seconds remaining? producers across Montana, far too are able to do better. The PRESIDING OFFICER. That is many producers expect this Congress Crop insurance—crop interests need correct. to fail in the effort to help out. to be revised the way it came out of Mr. BAUCUS. I wonder if my very They believe instead that their pleas the farm bill. That was changed and great, good friend, the Senator from are falling on deaf ears. Their disaster has not been effective. We need to do Mississippi, would yield me some time, is being seen in academic terms. Their that. although I must upfront say that I am future—the survival of their farms and It is interesting. Our friends on the arguing against the conference report. ranches has become little more than a other side of the aisle talk about this Mr. COCHRAN. Mr. President, let me laboratory test of the farm policy en- increase, and the President is now inquire of the Senator, how much time acted a couple years ago. making speeches on Saturday, and so does he seek? I still believe in our producers—the on. It turns out that he started out Mr. BAUCUS. I was going to speak top industry in our state. But that very asking for less than $1 billion. It went maybe 5 minutes. industry that generated about $2 bil- up to $2 billion, and suddenly politi- Mr. COCHRAN. I have no objection. lion in sales last year will lose nearly cally he has gone up to $7 billion, and Mr. BAUCUS. I thank my very, very $200 million this year. The Republican probably more. good friend from Tennessee—Mis- package will short Montana producers We have to really deal with this on sissippi—— another $100 million. Then multiply it that basis. Mr. COCHRAN. If you do not get my by our treacherous rank—46th in the Mr. President, I wanted to say that I State right, I will not yield time. Nation for per capita income—and you am disappointed in a couple of areas. I Mr. BAUCUS. I will use some of my get a grand total of $300 million that come from a State, of course, where time to praise you because that is very Montana can’t afford to lose—not on the major activity in agriculture is generous of the Senator from Mis- the farm and not on Main Street. Thus, livestock—cattle and sheep. I was very sissippi, and it is typical of his generos- what we do now portends what will much interested in our moving forward ity and his graciousness. He is a very, happen in the next year in our rural with this matter of labels; this country very fine man. communities. of origin kind of thing so that buyers Mr. President, sometimes we have to I think it is very irresponsible to end could decide what kind of meats they disagree with one another, and I am this Congress without meaningful re- choose to buy, whether they want to about to say that as much as I respect lief for our farmers and ranchers. We have American-made meats or meats and admire the Senator from Mis- need to eliminate the loan rate cap for from other countries. But they should sissippi, I have a different view than he this year and provide the funding to be able to know that. We put that in has on this issue. make it work. the Senate bill and lost it in the con- Mr. President, I rise toady to express We need to mandate country of ori- ference. I am very disappointed in that. my profound disappointment in the gin labeling on meat. And we need to We also, I believe, need to have our conference report before the Senate. require price reporting on the livestock market reporting strengthened so that The words of our forefathers speak sold each day. all the cattle and all of the sheep that volumes about many topics, including We need to treat this situation like go in the market will be reported as this one. ‘‘Blessed is the man who ex- the crisis it is to producers across Mon- part of the market, not those things pects nothing, for he shall never be dis- tana and across our country. that are held by packers and never re- appointed.’’ These words were written Mr. President, I assumed the two ported that would impact the crisis. in a letter from Alexander Pope over sides would get together and work out I am disappointed in those things. I 270 years ago. They paraphrase biblical some kind of compromise. That is not hope that we can go forward. verse. I believe they speak to rural There is some indication apparently what happened. Instead, the majority America today about the farm relief from the conference committee that we party—I do not like being partisan provisions included in this conference would go forward with the study of the about this stuff but I just have to be report. labeling. I hope we do. accurate—the majority party did not On the other hand, I think it is going But more accurately they speak to compromise at all. They just stuck to be slow that way. I wish, frankly, the matters excluded from this pack- with their 13 cents and also stuck with that we could change it before we have age. rejecting country of origin labeling on to go back and do it that way. This package should include mean- beef, stuck with rejecting entirely the Mr. President, I just wanted to say ingful relief for farmers in the worst pilot project on mandatory price re- that I admire very much the work that economic crunch of this decade. In- porting, instead replacing it with a has been done. I know we must do stead, it includes a pittance. While the study—essentially totally agreed to a something in agriculture. We are conferees could have adopted a package pittance to farmers. poised to do something. that provided roughly 60 cents per I must say, Mr. President—this is no I wanted to point out the two areas bushel on wheat in addition to what exaggeration, I am not exaggerating— of disappointment that I have—that of farmers get now, which is virtually farmers find this an insult. They find it labeling in the country of origin, and nothing in the market, the conferees a slap in the face. They cannot believe that of transparency in market prices. did not provide that 60 cents. Instead, that the U.S. Congress is sitting here We need something we can do about the bill provides 13 cents per bushel. in many respects worried more about that. That is how it works out. Ken Starr—certainly the majority Mr. President, I thank you for the Frankly, I am stunned. I assumed side—than they are about paying at- time. I yield the floor. that when the conferees met they tention to farmers and what is happen- Mr. COCHRAN addressed the Chair. would work out some kind of com- ing in the country. The PRESIDING OFFICER. The Sen- promise. The Democratic package had I have to tell you, Mr. President, it is ator from Mississippi. eliminated the loan caps, it had the really a bad situation in farm country. S11566 CONGRESSIONAL RECORD — SENATE October 6, 1998 Bankers are not going to be able to ex- when he was speaking mentioned as a that were raised in our letter from the tend loans. Worse than that, they are reason why the President ought to veto administration on that subject. And going to begin to call in loans. Imple- this legislation, was the question of here, at the very last minute, the ment dealers, car dealers, grocery price reporting and meat labeling. Democratic leader raises this issue and stores, hardware stores in farm com- These are two separate issues. Frankly, spends a good deal of his time talking munities are finding their sales way I was surprised by the comments and about this as the reason why the ad- down. That means they have to start also including this as a basis for urging ministration ought to veto the con- digging deeper into their pockets. This the President to veto the legislation. ference report. is the worst situation I have seen in at When we passed our bill in July, we Another subject that was raised was least 10 or 12 years. And 10 or 12 years received the reaction following that, price reporting. We also got a letter ago, in the late 1980s when farmers after the administration had an oppor- from the Office of Management and were facing about the same situation— tunity to study the legislation—we re- Budget as well as the Secretary of Ag- again, through no fault of their own, ceived the reaction in a formal letter riculture, responding to our bill and because of drought and because of from the Secretary of Agriculture suggesting things that they think need world conditions—Congress spent dated September 24, a ‘‘Dear Thad’’ let- the attention of conferees. If they have about $16 billion to help farmers. ter from Dan Glickman. objections to provisions, they say so in Mr. President, 10 or 12 years ago we Included is a table going down either the OMB letter or the Secretary spent $16 billion. Today the Democratic through the bills. This is prior to con- of Agriculture’s letter. side is asking for, not $16 billion, $7 bil- ference now—I think that is right— On the subject of price reporting, lion; and the Republican side said no, prior to our going to the conference there was a USDA request to review no, not even $7 billion, but $4 billion. with the House conferees to work out any final language adopted by the con- We are saying, we on our side of the differences between the House- and ferees. Here is what the conferees pro- aisle: Hey, $4 billion is an insult. It is Senate-passed bills. In Secretary vided in the statement of managers on a slap in the face. Glickman’s letter pointing out their that issue: I plead with Senators to go back reaction to the Senate-passed bill and The conferees direct the Secretary of Agri- again and see if we can figure out some the provisions in the House bill, they culture to take steps to increase the vol- way to agree, if not to the full 7, to vir- get down to the meat labeling provi- untary reporting of fed cattle, and wholesale tually the 7. sion, which is title X in the Senate bill. beef carcass prices and volumes on a quality Another point: I have been in the There is no House provision on that and yield-grade basis, as well as the prices Senate a few years. I voted for the New subject. The USDA position as con- and volumes of boxed beef. . . The Secretary York City bailout, I voted for the veyed in this letter to me says: Work- shall encourage the reporting of the price differential for USDA Prime, the upper 2/3 of Chrysler bailout, I voted for California ing with Congress to address concerns USDA Choice, and a sub-select price cat- disaster assistance. Guess what. All about adverse trade effects and con- egory. Reports should include imported beef those efforts have been repaid—in cerns that implementation would di- products and livestock. spades. vert resources needed to address impor- Then we go on to say: The PRESIDING OFFICER (Mr. tant food safety issues. We tried to work with the adminis- The Secretary of Agriculture shall compile KEMPTHORNE). The time of the Senator and publish price, volume sales, and the ship- has expired. tration, and did, to address those con- ment information regarding all exports and Mr. BAUCUS. I ask the Senator for 1 cerns. If the administration had been imports of beef, veal, lamb, and products minute on the time of our side. supportive of the meat labeling provi- thereof which is collected via the expanded Mr. BUMPERS. I yield 1 minute. sions, they would have said so, because voluntary process. . . . The Secretary shall Mr. BAUCUS. When we loaned money they go right down through the list and also standardize the Agriculture Marketing to New York City a few years ago, New support some other provisions. Or if Service price reporting data collection ac- York repaid that loan with interest, they opposed it, they point it out and tivities to ensure uniformity and complete ahead of time. When we loaned Chrys- they say so. sales data capture and to maximize the in- formation available to all aspects of the in- ler Corporation money to get its feet Here is another example, the Biodie- dustry. back on the ground, that loan was re- sel Energy Development Act, which the The Secretary shall report to Congress, not paid ahead of time. I am just saying, administration says, to a separate bill more than 6 months after enactment, on the today, if we can help farmers a little in the House, the administration op- feasibility or need for mandatory price re- bit today with the conditions they face poses. porting. . . through no fault of their own, because The administration did not say that I suggest, Mr. President, that the the world market supply is so large and they supported the meat labeling. They conferees have done a very good job of the price is so low, and the Asian eco- suggested they had concerns about it trying to deal with these two issues in nomic crisis, at the very least that will and they wanted to work with the Con- this conference. We have responded to be repaid back again in spades. gress to address those concerns. So the concerns expressed by the Sec- I urge my colleagues, please show a here is what we did in conference to try retary of Agriculture in his letter to us little bit of statesmanship and vote to to address those concerns. We provided of September 24 giving us his reaction help this part of our country. It is conference report language, statement to our bill. Never did they single out in going to come back and help all of us of managers, to this effect: the letters to us that this would trigger as a nation. The conferees direct the Secretary to con- a veto if we didn’t do such and such I thank very much my very good duct a comprehensive study on the potential with either one of those provisions. friend from Mississippi, again, for his effects of mandatory country of origin label- There was no such suggestion made. ing of imported fresh muscle cuts of beef and very generous offer to give me some There was a veto threat in the letter time. lamb. The report shall include the impact of such requirements on imports, exports, live- from the Director of the Office of Man- The PRESIDING OFFICER. The Sen- stock producers, consumers, processors, agement and Budget, and here is what ator from Mississippi. packers, distributors and grocers. the veto threat says: Mr. COCHRAN. Mr. President, I yield We went on to say: If the bill presented to the President in- myself the remainder of the time on cludes the unacceptable FDA language— our side. The report shall be submitted to Congress no later than 6 months after the enactment And, by the way, that has been re- Let me say to the distinguished Sen- of this Act, and shall contain a detailed moved from the bill in conference, the ator from Montana, I appreciate his statement of the findings and conclusions of so-called RU486 issue— courtesies as well. It is a pleasure the Secretary, together with his rec- and agriculture disaster provisions that working with him on these issues. I am ommendations for such legislation and ad- provide inadequate indemnity assistance or sorry we have to disagree on some of ministrative actions as he considers appro- are inconsistent with the Daschle/Harkin priate. the issues contained in this agriculture proposal, his senior advisers would rec- appropriations conference report. I have suggested to the Senate that ommend that he veto the bill. We look for- On the subject that the Senator men- the action taken by the conferees is re- ward to working with you to resolve these tions, and also the Democratic leader sponsive to the objections and concerns concerns. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11567 The veto message, if this is a veto entirely inappropriate. Putting con- The final bill provides $59.6 billion in message, is that if we don’t enact the straints on an international treaty and new budget authority (BA) and $44.8 Daschle/Harkin disaster indemnity as- modifying a major environmental stat- billion in new outlays to fund most of sistance proposal, then the senior ad- ute demands thoughtful debate. To do the programs of the Department of Ag- visers will recommend to the President this with a rider on an appropriations riculture and other related agencies. that he veto the bill. bill allows almost no debate. All of the funding in this bill is non- We have talked about the disaster as- The principle argument for action on defense spending. The conference re- sistance proposal and why we think the methyl bromide has been the potential port now includes ‘‘emergency’’ fund- direct assistance is much to be pre- competitive disadvantage for American ing totaling $4.3 billion in budget au- ferred over rewriting a portion of the agriculture. As I said, I am sympa- thority and $4.1 billion in outlays to 1996 farm bill as proposed by Daschle/ thetic to that problem, and I support provide relief to the nation’s farmers. Harkin, and we certainly think that is the idea that we should allow the Mon- not good policy. It won’t serve to in- treal Protocol to dictate the phase-out When outlays for prior-year appro- crease prices for farmers at market, in this nation. But the language added priations and other adjustments are which is what we are trying to do to to this bill would prohibit any phase- taken into account, the conference help ensure a brighter future for Amer- out earlier than the date currently agreement totals $59.4 billion in BA ican production agriculture. contained in the Protocol—2005. and $51.6 billion in outlays for fiscal Mr. President, I urge the Senate to Could the deadline for phase-out be year 1999. Including mandatory sav- approve the conference report on Agri- accelerated if, a few years down the ings, the subcommittee is $1 million in culture appropriations. road, the international community de- budget authority below its 302(b) allo- The PRESIDING OFFICER. Who cides that effective, affordable alter- cation, and at its 302(b) allocation for yields time? natives to methyl bromide exist? Not if outlays. we approve this rider. This language Mr. CHAFEE. Mr. President, I won- The Senate Agriculture Appropria- says that—no matter what—the United der if I may be yielded 1 minute or 2 tions Subcommittee revised 302(b) allo- States will not end methyl bromide use minutes. cation totals $59.4 billion in budget au- Mr. COCHRAN. I am happy to yield a before 2005. The international commu- nity is not going to negotiate an ear- thority (BA) and $51.6 billion in out- minute to the distinguished Senator. lays. Within this amount, $17.9 billion The PRESIDING OFFICER. The Sen- lier date, because they know that the U.S. will not comply with an earlier in BA and $18.1 billion in outlays is for ator from Rhode Island is recognized nondefense discretionary spending, in- for 1 minute. date. Inclusion of that language guar- antees that worldwide methyl bromide cluding agricultural emergency spend- METHYL BROMIDE use will continue until 2005. ing. Mr. CHAFEE. Mr. President, this bill This is an inappropriate limitation For discretionary spending in the contains a rider that addresses methyl on our options regarding methyl bro- bill, and counting (scoring) all the bromide use. It is an anti-environ- mide and our ability to negotiate mandatory savings in the bill, the final mental rider offered by a few members changes to an international treaty. bill is $4.0 billion in BA and $3.9 billion of the other party, and slipped into the More importantly, a last minute appro- in outlays above the President’s budget bill by the conference committee. It priations rider is a bad way to amend request for these programs. The bill is has not been debated by either body, the Clean Air Act. I can only hope that and yet this language amends the at least $4 billion in both BA and out- the President, the Vice President, and lays above the Senate- and House- Clean Air Act and constrains our abil- Democratic Senators who have spoken passed bills, all due to the addition of ity to negotiate a more rapid phase-out against other riders intend to oppose the emergency disaster assistance for of methyl bromide use with other na- all anti-environmental riders, not just farmers. tions. those offered by Republicans. Just last week, the White House, and Mr. President, I am distressed over The disaster aid package includes $2.2 specifically Vice President GORE, the methyl bromide amendment which billion in direct payments to farmers called on the Congress to end what he is an antienvironmental rider that was experiencing crop losses due to natural called ‘‘backdoor assaults’’ on the envi- put into this conference report. It and other disasters. The Congressional ronment. I sincerely hope that the wasn’t debated by either body, yet the Budget and Impoundment Control Act President and Vice President mean language amends the Clean Air Act and as amended prohibits ‘‘emergency’’ that to apply to all anti-environmental constrains our ability to negotiate a spending for purposes of crop disaster riders, including the ones offered by more rapid phaseout of methyl bromide assistance. The conference agreement their own party. when used by other nations. includes directed scorekeeping lan- This methyl bromide rider began as I point out that the principal argu- guage allowing the emergency designa- an effort to address a legitimate prob- ment for action on methyl bromide has tion to be used in this case. This con- lem, but changes sought by a few mem- been the potential competitive dis- ference report therefore violates Sec- bers of the other party go too far. advantage for American agriculture. I tion 306(a) of the Congressional Budget Methyl bromide is highly toxic and a am sympathetic of that, and I support Act by including legislative language potent ozone depleting compound. It is the idea we should allow the Montreal under the jurisdiction of the Budget also one of the most widely used pes- Protocol to dictate the phaseout of Committee that was not reported by ticides in the United States. The 1994 this. If we don’t like it, then we should the Senate Budget Committee. Montreal Protocol requires a gradual amend it. phase-out of methyl bromide beginning The present time for the phaseout is I recognize the difficulty of bringing next year. Industrialized countries 2005 but could be earlier. What this leg- this bill to the floor at its 302(b) alloca- have agreed to a phase-out by 2005, islation does is makes it no later than tion and in addressing the need for dis- while developing nations must phase- 2005 but prevents it from being earlier aster assistance by farmers in many out methyl bromide by 2015. In the than 2005. In those intervening 7 years, parts of the nation, including New United States, the Clean Air Act re- there well could be developed an alter- Mexico and parts of the Southwest. quires an even earlier phase-out date native to methyl bromide. I think this Mr. President, I ask unanimous con- for methyl bromide—January 1, 2001. is an unfortunate provision in the bill. sent that a table displaying the Senate I share the concern that the Clean I thank the Chair. Budget Committee scoring of the final Air Act’s accelerated phase-out sched- Mr. DOMENICI. Mr. President, I rise bill be printed in the RECORD. ule might put our farmers at a com- in support of the conference report ac- petitive disadvantage. However, I be- companying the Department of Agri- There being no objection, the mate- lieve that addressing this problem in culture and related agencies appropria- rial was ordered to be printed in the the context of an appropriations bill is tions bill for fiscal year 1999. RECORD, as follows: S11568 CONGRESSIONAL RECORD — SENATE October 6, 1998 H.R. 4101, AGRICULTURE APPROPRIATIONS, 1999—SPENDING COMPARISONS—CONFERENCE REPORT [Fiscal year 1999, in millions of dollars]

Defense Nondefense Crime Mandatory Total

Conference Report: Budget authority ...... 17,909 ...... 41,460 59,369 Outlays ...... 18,121 ...... 33,429 51,550 Senate 302(b) allocation: Budget authority ...... 17,910 ...... 41,460 59,370 Outlays ...... 18,121 ...... 33,429 51,550 1998 level: Budget authority ...... 13,930 ...... 35,048 48,978 Outlays ...... 14,227 ...... 35,205 49,432 President’s request: Budget authority ...... 13,672 ...... 41,460 55,132 Outlays ...... 14,056 ...... 33,429 47,485 House-passed bill: Budget authority ...... 13,596 ...... 41,460 55,056 Outlays ...... 14,031 ...... 33,429 47,460 Senate-passed bill: Budget authority ...... 13,698 ...... 41,460 55,158 Outlays ...... 14,069 ...... 33,429 47,498 Conference Report compared to: Senate 302(b) allocation: Budget authority ...... ¥1 ...... ¥1 Outlays ...... 1998 level: Budget authority ...... 3,979 ...... 6,412 10,391 Outlays ...... 3,894 ...... ¥1,776 2,118 President’s request: Budget authority ...... 4,237 ...... 4,237 Outlays ...... 4,065 ...... 4,065 House-passed bill: Budget authority ...... 4,313 ...... 4,313 Outlays ...... 4,090 ...... 4,090 Senate-passed bill: Budget authority ...... 4,211 ...... 4,211 Outlays ...... 4,052 ...... 4,052 Note: Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

Mr. BUMPERS addressed the Chair. ket Program of up to $15 million. Over- Our allocation was well below what The PRESIDING OFFICER. The Sen- all, the USDA food assistance programs was available for fiscal year 1998 and ator from Arkansas. remain the single largest component of going into conference we had to adjust Mr. BUMPERS. How much time do I this conference report, totaling $36 bil- our numbers downward toward the have remaining? lion in new spending. lower House allocation. Our task was The PRESIDING OFFICER. The Sen- Rural development is another key made even more difficult by the as- ator has 1 minute 12 seconds. element of this conference report. In- sumed enactment of hundreds of mil- Mr. BUMPERS. Mr. President, I join cluded is more than $4.25 billion in lions of dollars in user fees that looked my friend and colleague, Senator COCH- rural housing program levels and near- RAN, in bringing to the floor the con- ly $725 million in budget authority for good on paper but only served to raise ference report to accompany H.R. 4101, the Rural Community Advancement faint expectations beyond what was the fiscal year 1999 appropriations bill Program, which includes the water and possible. This conference report in- for agriculture, rural development and wastewater program. I have seen first- cludes a general provision that will, related agencies. This is the last an- hand the benefits these programs bring hopefully, forestall the use of projected nual agriculture appropriations bill to rural areas in my State and I am user fees in next year’s budget and which I will jointly author with my glad we were able to achieve these lev- keep everyone working within a budg- friend from Mississippi, and I regret to els for the coming year. Also, the con- etary framework more closely associ- report that the progress this year has ference report includes a special rec- ated with the realities we all must not been as smooth as in years past. ognition for the needs of the Lower face. Last year, my fellow conferees were Mississippi River Delta, an often over- Given my years of work on this sub- able to conclude the business of the looked region of our Nation that has committee, and my close friendship committee on conference in approxi- long deserved our special attention. I with Senator COCHRAN, I am greatly mately 5 minutes. By contrast, it took have worked for many years to im- us 5 days this year and I fear, at this prove conditions in this region and I saddened by my reluctance to give un- late date, all hurdles toward enactment am happy to have included special con- equivocal support for all matters con- are not fully cleared. In fact, I, along sideration for the delta in this meas- tained in this conference report. As we with all Senate Democrat members of ure. began conference deliberations with the conference committee who at- Agricultural research continues to the House, the President made it clear tached our signatures to the official receive the attention of our sub- that two items under discussion were conference papers, did so with an ex- committee. The level of spending for of such importance that their inclusion ception to one of the titles included in the Agricultural Research Service in in the conference report would result the conference report. this conference report is higher than in a veto. I must admit that I never Aside from the one area still in dis- either the House or Senate levels prior thought the agriculture appropriations agreement, the conference report be- to conference. In addition, we were able bill would ever be the target of a Presi- fore us is as good a product as was pos- to increase the levels of funding for dential veto. In fact, the agriculture sible under the budgetary constraints basic formula research for our Nation’s appropriations bill is usually approved we faced. We include in this measure 1862, 1890, and 1994 institutions. Fund- by the Senate 100 to 0. I remind my col- nearly $52 million in new spending for ing for these institutions has been fro- leagues that a few years go when much food safety. This figure is well below zen for far too long, and this con- of the Federal Government faced a the budget request, but represents a ference report provides a 7 percent in- shutdown from failed appropriations good increase in spending for the De- crease above last year. Enhanced agri- bills, the agencies funded under this partment of Agriculture and the Food cultural research is a commitment the bill were among the few not included in and Drug Administration to help en- Congress has made to our farmers and that Governmental debacle. Such has sure that our Nation’s food supplies re- consumers and this conference report been the history of the agriculture ap- main the safest in the world. lies up to that commitment. propriations process during my tenure The conference report also provides I would be most remissed if I didn’t and it saddens me to think that I adequate levels for the Women, Infants, pause to give credit, to my friend, Sen- might be leaving the Senate with that and Children (WIC) Program, including ator COCHRAN, for facing the grim possibility lurking as strongly as it an increase for the WIC Farmers Mar- budgetary challenge we faced this year. does today. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11569 One of the items which drew the at- backs on the one segment of the na- D’Amato Hutchinson Roberts DeWine Hutchison Roth tention of the President was a provi- tional economy that has not been surg- Domenici Inhofe Sessions sion in the House bill that placed a ing into double digit profits on Wall Enzi Jeffords Shelby limitation on the Food and Drug Ad- Street. The President has indicated he Faircloth Kempthorne Smith (NH) ministration’s funding for any testing, will veto this bill if additional farm re- Feinstein Landrieu Smith (OR) Frist Leahy Snowe development, or approval of the drug lief is not added. Congress needs to act Gorton Lott Specter RU–486, a chemical used to induce an swiftly to amend the shortfall in this Gramm Lugar Stevens abortion. Leaving for a moment the ar- bill and send to the President a pack- Grams Mack Thompson gument that science is better left to Grassley McCain Thurmond age that truly meets the needs of farm- Hagel McConnell Warner scientists than politicians, the inclu- ers and ranchers. Hatch Murkowski sion of the abortion debate in the agri- Mr. President, this brings me to the Helms Nickles culture appropriations bill was a most close of my last annual agriculture ap- NAYS—43 unfortunate attempt to drag this bill propriations bill on the floor of the Akaka Ford Mikulski down with one of the most divisive and Senate. I want to once more thank my Baucus Graham Moseley-Braun politically charged issues of our time. I distinguished colleague, Senator COCH- Biden Gregg Murray am very pleased to report that the Sen- RAN, for his years of friendship on and Bingaman Harkin Reed Bryan Hollings Reid ate conferees made it crystal clear that off this subcommittee. I also want to Bumpers Inouye Robb the Senate was not going to allow the thank all other members for their co- Burns Johnson Rockefeller issue of abortion to infect the agri- operation over the years. Byrd Kennedy Santorum culture appropriations bill with the Cleland Kerrey Sarbanes Mr. President, I say in closing that Conrad Kerry Thomas same paralysis that has inflicted other this is a very complex matter, this Daschle Kohl Torricelli subcommittees. If the Senate had not matter of disaster relief. The only dis- Dodd Kyl Wellstone held firm, a very bad precedent would agreement on this side and the other Dorgan Lautenberg Wyden Durbin Levin have been set and all agriculture ap- side of the aisle is over the disaster Feingold Lieberman propriations bills in the future would provisions. As I say, they are both fair- become the venue for, and be held hos- ly complicated, and I am hoping that if NOT VOTING—2 tage by, an issue best reserved for the President vetoes the bill, as he has Glenn Moynihan other forums. promised to do, we will be able to work The conference report was agreed to. The other item of Presidential dis- out something—maybe not everything Mr. COCHRAN. Mr. President, I move approval is tied to the levels of assist- the President wanted, maybe more to reconsider the vote. ance for farmers and ranchers who are than others wanted—and that we will Mr. CRAIG. I move to lay that mo- facing the most pressing financial be able to reach a compromise that will tion on the table. times in recent years, maybe ever. It is actually take care of farmers. The motion to lay on the table was on this point that I had to part with My fear is that, this being what I agreed to. my friend Senator COCHRAN and express consider probably the worst year in the Mr. LOTT addressed the Chair. an opinion that our measure falls short history for agriculture since the Great The PRESIDING OFFICER. The ma- of meeting current needs. Depression, that the proposal in the jority leader is recognized. The conference report includes provi- bill is not adequate to save an awful lot f sions put forward by the majority of farmers who deserve saving. So I am party that strives to bring relief to hoping if the President does veto the MORNING BUSINESS farmers and ranchers who are suffering bill, we can come back and hammer out Mr. LOTT. Mr. President, I ask unan- from lost crops and low prices. How- an agreement that will save a lot more ever, my concern is with the manner in imous consent that there now be a pe- farmers. riod for morning business until 4:15 which the assistance is to be provided. I yield the remainder of my time. In order to help farmers suffering from p.m. today, with Senators permitted to Mr. COCHRAN. Mr. President, have speak therein for up to 5 minutes each. low prices, the conference report would the yeas and nays been ordered on the simply allow for additional ‘‘Freedom The PRESIDING OFFICER. Without conference report? objection, it is so ordered. to Farm’’ payments to go to all produc- The PRESIDING OFFICER. They f ers who hold a Agricultural Market have not been ordered. Transition Act contract. The fallacy Mr. COCHRAN. I ask for the yeas and DISTINGUISHED FLYING CROSS with this approach is that it does not nays. Mr. THURMOND. Mr. President, I target the additional funds to people The PRESIDING OFFICER. Is there a rise today to recognize former Navy who are suffering from either crop fail- sufficient second? and Marine Corps members who re- ure or fallen prices. Instead, it makes There is a sufficient second. ceived the Distinguished Flying Cross funds available to landlords who may The yeas and nays were ordered. have received cash rent for their lands, in accordance with section 532 of the The PRESIDING OFFICER. All time National Defense Authorization Act for suffered no loss at all, and in many in- has expired. The question is on agree- stances never even faced a risk of loss Fiscal Year 1999, which waived time ing to the conference report accom- limitations for award of this decora- in the first place. panying H.R. 4101. The yeas and nays We have to recognize that many, tion for specified persons. These awards have been ordered. The clerk will call though not all, farmers across America were recommended by the Secretary of the roll. are suffering. Most are suffering from the Navy based upon requests from The bill clerk called the roll. losses this year, but some from losses Members of Congress. These procedures Mr. FORD. I announce that the Sen- over several years. Some farmers have were established by section 526 of the ator from Ohio (Mr. GLENN) and the a crop to harvest, but low prices pre- National Defense Authorization Act for Senator from New York (Mr. MOY- clude any chance of a profit. The pur- Fiscal Year 1996 to resolve a dilemma NIHAN) are necessarily absent. pose of the Democratic alternative for under which deserving individuals were I further announce that, if present disaster assistance is to make sure the denied the recognition they deserved and voting, the Senator from New York relief payments go to those in need. solely due to the passage of time. I am (Mr. MOYNIHAN) would vote ‘‘aye.’’ I have heard from farmers in my proud to have established a procedure The result was announced—yeas 55, State who have lost everything this that enables these distinguished veter- nays 43, as follows: year. They tell me that this year is ans to receive the honors they earned. worse than the crop failures of 1980, [Rollcall Vote No. 298 Leg.] We are very proud of their dedicated which was the worst year since the YEAS—55 service to our Nation. Great Depression. The Democratic al- Abraham Boxer Coats Mr. President, I ask unanimous con- ternative provides more relief, 100 per- Allard Breaux Cochran sent that a list of all who were awarded Ashcroft Brownback Collins cent more in fact, for farmers in my Bennett Campbell Coverdell the Distinguished Flying Cross be State and I feel we should not turn our Bond Chafee Craig printed in the RECORD. S11570 CONGRESSIONAL RECORD — SENATE October 6, 1998 There being no objection, the list was 7. LtCol Edwin W. Allard, USMC Retired, 4. Mr. Frederick R. Scharnhorst, Richland, ordered to be printed in the RECORD, as Carlsbad, CA. WA. follows: 8. Mr. Raymond G. Czarnecki. 5. Mr. Thomas B. Hartmann, Princeton, 9. Captain Edward J. Wallof, USMC Ret., NJ. STROM THURMOND NATIONAL DEFENSE AU- Soulsbyville, CA. (7) SEVENTH AWARD THORIZATION ACT FOR FISCAL YEAR 1999, 10. Mr. Jack S. Straub, Destin, FL. Marine Corps SECTION 532—WAIVER OF TIME LIMITATIONS 11. Mr. William D. Donohue, River Vale, FOR AWARD OF CERTAIN DECORATIONS TO 1. Mr. Thomas B. Hartmann, Princeton, NJ. NJ. CERTAIN PERSONS 12. Mr. Theodore R. Wall, Pinellas Park, (8) EIGHTH AWARD (1) FIRST AWARD FL. Marine Corps Marine Corps 13. Mr. Harold W. Park, Rochester, PA. 14. Mr. Benson M. Jones, Columbus, GA. 1. Mr. Thomas B. Hartmann, Princeton, 1. Mr. Earl D. Van Keuren, Jr., Fort Col- NJ. lins, CO. 15. Mr. Philip L. Strader, Lynchburg, VA. 2. Mr. James E. Renshaw, Runnemede, NJ. 16. Mr. Henry M. Knauth, Landrum, SC. (9) NINTH AWARD 3. Mr. Edward J. Mariani, Brockton, MA. 17. Mr. Theodore E. Sittel, Englewood, CO. Marine Corps 4. Mr. Andrew B. Jones, Old Lyme, CT. 18. Mr. Frank J. Lange, Panama City, FL. 1. Mr. Thomas B. Hartmann, Princeton, 5. Mr. John Avelis, Terre Haute, IN. 19. Mr. Ralph H. Rudeen, Olympia, WA. NJ. 20. Mr. Robert P. Byno Sr., Westwood, MA. 6. Mr. James R. Spencer, Grants Pass, OR. f 7. Mr. Edward H. Benintende, Scranton, 21. Mr. William M. Crutcher, Glenwood PA. Springs, CO. ENSURING ECONOMIC PROSPERITY 22. Mr. Thomas B. Hartmann, Princeton, 8. Mr. Clarence R. Cox, Woodburn, OR. Mr. ABRAHAM. Mr. President, I rise 9. 2ndLt Leland E. Thomas, USMC Reserve, NJ. 23. Mr. Marion F. Beckman, Stasuma, AL. today to make a few observations re- Fruitland. ID. garding the state of the American 10. Mr. Edward L. Eades, Kerrville, TX. 24. Mr. Frederick R. Scharnhorst, Rich- 11. Mr. Paul F. Dudley, Las Vegas, NV. land, WA. economy and the steps policy makers 12. Mr. Raymond G. Czarnecki. (3) THIRD AWARD should take to ensure continued pros- 13. Capt Edward J. Wallof, USMC Retired, Marine Corps perity in the future. Right now we have some good news Soulsbyville, CA. 1. Mr. Theodore R. Wall, Pinellas Park, FL. 14. LtCol Edwin W. Allard, USMC Retired, 2. Mr. Harold W. Park, Rochester, PA. about the state of the economy. Over- Carlsbad, CA. 3. Mr. Benson M. Jones, Columbus, GA. all employment growth is strong. Un- 15. Mr. Jack S. Straub, Destin, FL. 4. Capt Edward J. Wallof, USMC Retired, employment is low at 4.5 percent na- 16. Mr. William D. Donohue, River Vale, Soulsbyville, CA. tionally and an even lower 3.9 percent NJ. 5. Mr. Raymond G. Czarnecki. in my home state of Michigan. Family 17. Mr. Wallace W. Ostrowski, Carlsbad, 6. Mr. Jack S. Straub, Destin, FL. CA. incomes continue to rise. And the tech- 7. Mr. William D. Donohue, River Vale, NJ. nological and information age revolu- 18. Mr. William F. Savino, Yaphank, NY. 8. Mr. Philip L. Strader, Lynchburg, VA. 19. Mr. Sidney H. Zimman, Oceanside, CA. 9. Mr. Henry M. Knauth, Landrum, SC. tion continues to increase productivity 20. Mr. Ned Wernick, Pensacola, FL. 10. Mr. Theodore E. Sittel, Englewood, CO. and wealth throughout America. 21. Mr. Stephen F. Gibbens, Montecito, CA. 11. Mr. Frank J. Lange, Panama City, FL. Hi-tech companies in particular are 22. Mr. Theodore R. Wall, Pinellas Park, 12. Mr. Ralph H. Rudeen, Olympia, WA. growing fast and creating thousands of FL. 13. Mr. Robert P. Byno Sr., Westwood, MA. spin-off jobs. Economist Larry Kudlow 23. Mr. Harold W. Park, Rochester, PA. 14. Mr. William M. Crutcher, Glenwood reports that the hardware and software 24. Mr. Benson M. Jones, Columbus, GA. Springs, CO. 25. Mr. Philip L. Strader, Lynchburg, VA. industries combined account for about 15. Mr. Thomas B. Hartmann, Princeton, one third of real economic growth. 26. Mr. Henry M. Knauth, Landrum, SC. NJ. 27. Mr. Theodore E. Sittel, Englewood, CO. 16. Mr. Marion F. Beckman, Stasuma, AL. What is more, this industry is increas- 28. Mr. Frank J. Lange, Panama City, FL. 17. Mr. Frederick R. Scharnhorst, Rich- ing productivity throughout our econ- 29. Mr. Ralph H. Rudeen, Olympia, WA. land, WA. omy in ways we can’t even measure. 30. Mr. Robert P. Byno Sr., Westwood, MA. So, on the surface things look pretty 31. Mr. William M. Crutcher, Glenwood (4) FOURTH AWARD Marine Corps bright right now, Mr. President. But Springs, CO. there are economic storm clouds on the 32. Mr. Thomas B. Hartmann, Princeton 1. Mr. Philip L. Strader, Lynchburg, VA. NJ. 2. Mr. Henry M. Knauth, Landrum, SC. horizon. Stock market investors are 33. Mr. Marion F. Beckman, Stasuma, AL. 3. Mr. Jack S. Straub, Destin, FL. riding a roller coaster of volatility. 34. Mr. Frederick R. Scharnhorst, Rich- 4. Mr. William D. Donohue, River Vale, NJ. The August Employment Report from land, WA. 5. Mr. Theodore E. Sittel, Englewood, CO. the Bureau of Labor Statistics shows a Navy 6. Mr. Frank J. Lange, Panama City, FL. drop in manufacturing jobs of 55,000— 7. Mr. Ralph H. Rudeen, Olympia, WA. indeed, the number of manufacturing 1. Mr. Robert E. Rosati, East Hartford, CT. 8. Mr. Robert P. Byno Sr., Westwood, MA. 2. LT Edward T. Gaines, (USN (Ret.), Lex- jobs in this country has declined for 5 9. Mr. William M. Crutcher, Glenwood straight months. Bankruptcies have ington, KY. Springs, CO. 3. CDR Ira B. West, USN (Ret.), Vienna, 10. Mr. Thomas B. Hartmann, Princeton, accelerated. On the international front, VA. NJ. the Russian economy is in deep dis- 4. Mr. Stephen R. Michalovic, Clifton, NJ. 11. Mr. Marion F. Beckman, Stasuma, AL. tress. And our Asian economic partners 5. Mr. John T. Allen, Knoxville, TN. 12. Mr. Frederick R. Scharnhorst, Rich- continue in a state of crisis that 6. Mr. Martin D. Lipman, Huntington land, WA. Beach, CA. threatens our balance of payments and 7. Mr. Fay D. Hargrove, Longmont, CO. (5) FIFTH AWARD our general economic health. 8. Mr. Alfred F. Shultz. Marine Corps As Federal Reserve Chairman Green- 9. Mr. James L. Andrews, Livonia, MI. 1. Mr. Theodore E. Sittel, Englewood, CO. span noted recently in a speech at the 10. Mr. Lester L. Larson, Jr., Kingsland, 2. Mr. Frank J. Lange, Panama City, FL. University of California at Berkeley, TX. 3. Mr. Marion F. Beckman, Stasuma, AL. ‘‘it is just not credible that the United 11. Mr. Samuel P. Tyndall. 4. Mr. William D. Donohue, River Vale, NJ. States can remain an oasis of prosper- 12. Mr. Edward J. Karcher, Port St. Lucie, 5. Mr. Ralph H. Rudeen, Olympia, WA. ity unaffected by a world that is expe- FL. 6. Mr. Robert P. Byno Sr., Westwood, MA. riencing greatly increased stress.’’ 13. Mr. Leo A. Pyatt, Columbus, OH. 7. Mr. William M. Crutcher, Glenwood I wholeheartedly concur in Chairman 14. Mr. Milton E. Ferrell, Nashville, TN. Springs, CO. 15. Mr. Daniel G. Straka, San Clemente, 8. Mr. Thomas B. Hartmann, Princeton, Greenspan’s analysis. And that is why I CA. NJ. believe it is necessary for us to look (2) SECOND AWARD 9. Mr. Frederick R. Scharnhorst, Richland, closely and seriously at our current WA. economic policies so that we can face Marine Corps (6) SIXTH AWARD coming economic uncertainties from a 1. Mr. Sidney H. Zimman, Oceanside, CA. position of strength. We must, in my 2. Mr. Ned Wernick, Pensacola, FL. Marine Corps 3. Mr. Stephen F. Gibbens, Montecito, CA. 1. Mr. Ralph H. Rudeen, Olympia, WA. view, address a number of problems in 4. Mr. Paul F. Dudley, Las Vegas, NV. 2. Mr. Robert P. Byno Sr., Westwood, MA. current policy, lest they undermine 5. Mr. Wallace W. Ostrowski, Carlsbad, CA. 3. Mr. William M. Crutcher, Glenwood continued economic growth and pros- 6. Mr. William F. Savino, Yaphank, NY. Springs, CO. perity. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11571 To begin with, Mr. President, we $1.2 trillion in fiscal year 1993 to $1.6 federal unfunded, private sector man- should consider the current state of trillion over the course of President dates. Regulations cost our economy our monetary policy. The Fed’s recent Clinton’s first term. In 1997 Americans $647 billion per year, according to the quarter point cut in the federal funds paid 45 percent more in income taxes GAO, and that is simply too much. (or overnight lending) rate was fol- than they had in 1993. And, unless we We have to do more to improve our lowed by a significant drop in the stock act, this burden will increase. During children’s education so that they can market. A number of analysts have ob- the fourth quarter of 1997 federal re- qualify for good paying jobs in our served that this may have been caused ceipts approached a record 22 percent technological, information age econ- by investors’ conviction that, even of GDP. omy. with the cut, short term interest rates Neither the American people nor the We have to bring in a limited number remain too high, and that the Federal American economy can sustain this of highly trained immigrants to fill Reserve should seriously consider cut- crushing tax burden. It discourages some of the important positions our ting them further. people from working, saving, investing, high-tech companies cannot currently The fed funds rate remained at 5.5 and engaging in the entrepreneurial ac- fill and to help us solve the year 2000 or percent for two and a half years despite tivities that keep our economy grow- ‘‘Y2K’’ problem before it damages our a drop in inflation to 1.7 percent. Even ing. It must be lowered substantially, economy. at its current 5.25 percent, the real, expeditiously, and in a way that en- And within the next few days the after-inflation rate is about 3.5 per- courages economic growth. Senate will pass and President Clinton cent—much higher for example than Early on in the next Congress, Mr. will sign the American Competitive- between 1992 and 1994, when it was only President, I believe we should seriously ness and Workforce Enhancement Act. 0.6 percent. consider significant pro-growth tax This legislation will increase the num- Chairman Greenspan, along with cuts, including: ber of temporary high-tech visas and former Chairman Paul Volcker, de- Using revenues from our budget sur- provide scholarships and job training serve great credit for reducing infla- plus to save Social Security and en- so that more Americans can gain the tion through sound monetary policies. courage investment by lowering the skills necessary to fill these positions But real interest rates have remained payroll tax and allowing workers to in the long term. high in the face of indications that we put some of their own money in Per- We also must continue to build on may be entering an era of deflation, sonal Retirement Accounts. America’s pro-free trade tradition—by Marriage penalty tax relief. and this cannot continue if we are to extending fast track negotiating au- A capital gains tax rate reduction, thority, and aggressively negotiating maintain price stability and a strong perhaps to 15 percent as proposed by economy. trade agreements that open markets Majority Leader LOTT. Gold prices have fallen by more than for American products. Estate tax relief. We must reform the lending policies 30 percent since early 1996. Commodity Widening the current 15 percent in- of the International Monetary Fund. prices have fallen to 21 year lows. Cor- come tax bracket to apply it to all All too often, the Fund requires devel- porate profits have declined on a year- middle class American families. oping countries to raise taxes and de- over-year basis for the first time in a Expanding tax free savings accounts value currencies as a condition for re- decade. Farm prices are plummeting. for education, health care, and retire- What is more, Mr. President, a num- ceiving loans. These anti-growth poli- ment. cies only worsen a developing country’s ber of economies in recent months have Reducing income tax rates across- economic and debt problems. The Fund experienced significant currency de- the-board—perhaps up to 10 percent, should instead promote policies that valuations. These devaluations have and allowing businesses to more quick- spur economic growth in these coun- produced increasing demands for U.S. ly write-off the costs for investment in tries—lower tax rates, free markets, dollars. But, by keeping short term in- plant and equipment. This pro-growth the rule of law, and sound currencies. terest rates high, the Fed has refused tax incentive would be especially bene- In general, Mr. President, we must do to supply these dollars, precipitating a ficial to America’s struggling manufac- more to encourage hard work and en- liquidity crisis around the globe. turing sector. trepreneurship so that all of us can I firmly believe that the best envi- These tax suggestions are neither benefit from the income and the jobs ronment for business, workers, and new nor radical, Mr. President. But it they create. consumers is one of price stability. is time for us to implement them. They Through prudent steps ensuring price Price stability allows for accurate would spur savings and investment, stability and reducing governmental planning and investment over the long and encourage work and entrepreneur- burdens on the private sector, we can term. But price stability requires that ial activity, assuring economic growth. sustain economic growth for the fore- we avoid both extremes, of deflation as But they are not enough. Over the seeable future. But the time to act is well as inflation. long term, Mr. President, we must now. The warning signs are there for us Monetary policy is a matter for Alan move toward more fundamental tax re- to see. I hope we will not wait until it Greenspan and his colleagues at the form. We need to design an income tax is too late. Federal Reserve. But it is my hope that that applies a lower rate to income, re- I plan to work for pro-growth reforms they will examine the overall economic duces the current bias against saving whenever and wherever possible. I be- picture and conclude that it is time to and investment, lowers the tax burden lieve it is my duty to the people of lower interest rates in the interests of on working families, simplifies the Michigan, as it is our duty to the peo- long term price stability and global code, and reduces the cost of compli- ple of America, to safeguard their eco- economic growth. ance. Only this kind of fairer, flatter, nomic security by unleashing the en- We should not look solely to the Fed, simpler and more investment-friendly trepreneurial spirit that built this na- however, in seeking to ensure prosper- tax system can give us the sound fiscal tion, and that can build a bright future ity for the future. In addition to exces- policy we need to build a bright, sus- of growth and opportunity. sively tight monetary policy, the tainable economic future. I yield the floor. American economy and the American Congress needs to institute other Mr. LOTT. Mr. President, I suggest people are being put at risk from too- pro-growth reforms as well. the absence of a quorum. tight fiscal policy. Specifically, Mr. We must reform our tort system to The PRESIDING OFFICER. The President, the current high and rising lower the ‘‘tort tax’’ from frivolous clerk will call the roll. federal tax burden is keeping the econ- lawsuits. The Rand Corporation re- The assistant legislative clerk pro- omy from reaching its full potential. cently reported that the average law- ceeded to call the roll. In 1997 federal taxes took 20 percent suit costs a company $100,000. Thus Mr. MCCAIN. Mr. President, I ask of the Gross Domestic Product of this even a frivolous lawsuit can put a unanimous consent that the order for country, the highest percentage since small company out of business, and a the quorum call be rescinded. World War II. Federal taxes on the good number of workers out of a job. The PRESIDING OFFICER (Mr. GOR- American people increased by almost a We need to institute serious cost-ben- TON). Without objection, it is so or- third in just four years—going up from efit analysis for federal regulations and dered. S11572 CONGRESSIONAL RECORD — SENATE October 6, 1998 INTERNET TAX FREEDOM ACT not unique, but rarely used. That is, we lent—which is known as Internet te- The PRESIDING OFFICER. Under are about to consider legislation which lephony which is essentially where the the previous order, the Senate will re- would preempt every State and every Internet system substitutes for the sume consideration of S. 442, which the local government in this country, for a normal local or long distance tele- clerk will report. period of time, from exercising their phone lines as a means of transmitting The legislative clerk read as follows: otherwise legal powers relative to tax- telephone services. This system, which A bill (S. 442) to establish national policy ation on Internet access and trans- is currently in use on a limited basis, against State and local government inter- actions which are undertaken through has the potential of being a very major ference with interstate commerce on the the use of the Internet. While it is per- competitor with the traditional ways Internet or interactive computer services, fectly appropriate for Congress to de- in which telephone service has been de- and to exercise Congressional jurisdiction cide that the Federal Government livered. over interstate commerce by establishing a should not tax Internet access or Inter- Probe Research, a telecommuni- moratorium on the imposition of exaction that would interfere with the free flow of net transactions, I am concerned we cations and data networking market commerce via the Internet, and for other will face a proposal that tells States research system, forecasts that the de- purposes. and local governments that they shall mand for Internet telephony will make The Senate resumed consideration of be denied the right to tax these trans- these services add up to a $6.3 billion the bill. actions. market by the year 2002. That is just Mr. MCCAIN. Mr. President, I ask The argument which I find to have some 3 years from now. At that point, unanimous consent it be in order for an some merit is that it is appropriate we according to Probe Research, Internet amendment to be offered by Senator have a ‘‘pause,’’ a period in which we telephone and fax traffic will account GRAHAM of Florida with a time of 30 can determine what is the appropriate for nearly 10 percent of total long dis- minutes, 20 minutes on the side of the means of taxing this new technology, tance traffic, a very significant high- Senator from Florida, 10 minutes from and that during that pause there growth industry. the side managed by me. should be a prohibition on State and What does this mean for State and Mr. GRAHAM. I would not object, local governments imposing taxes on local government? Telecommuni- but I add that there be no second-de- Internet access or Internet trans- cations services and cable services are gree amendments. actions. What I am concerned about is significant sources of revenue for State The PRESIDING OFFICER. Without that that pause does not become a per- and local government. The Finance objection, so ordered. manent slumber, an elongated sleep in Committee bill, in fact, recognizes this AMENDMENT NO. 3729 which there is a prohibition on State by specifically preserving the Federal (Purpose: To require a supermajority of both and local government’s ability to exer- Government’s taxing authority over Houses to extend the moratorium) cise what is their basic right under our many of these areas and preserving the Mr. GRAHAM. Mr. President, I send constitutional allocation of respon- taxing authority of State and local to the desk an amendment and ask for sibilities to raise those revenues nec- government for access to telephone and its immediate consideration. essary to support necessary govern- cable services. The PRESIDING OFFICER. The ment programs. Unfortunately, the bill is vague re- clerk will report. The Federal Government has on garding the treatment of such new The legislative clerk read as follows: many occasions passed legislation technologies as Internet telephony. The Senator from Florida [Mr. GRAHAM] which conditions the receipt of Federal While it specifically protects Federal proposes an amendment numbered 3729. funds. For instance, in the highway revenue, it does not clarify that the The amendment is as follows: bills we have frequently required the moratorium does not apply to State On page 176, between lines 15 and 16, insert: States to undertake a certain set of ac- and local governments with respect to (c) POINT OF ORDER.—It shall not be in tions, such as setting a speed limit or Internet telephony. I use this example order in the Senate or the House of Rep- imposing the requirement of seatbelts because it is one that is before the Sen- resentatives to consider any bill, resolution, ate, an example that the implications amendment, or conference report if such bill, or motorcycle helmets or some other resolution, amendment, or conference report item which the Federal Government of allowing a specified moratorium to would extend the moratorium under sub- felt was of sufficient import, that the become a longer-term prohibition section (a). This point of order may only be ability of the State to receive its oth- could have implications on State and waived or suspended by a vote of three-fifths erwise due allocation of Federal funds local governments and on the fairness of the Members, duly chosen and sworn. would be conditioned upon their adopt- in the marketplace between competing Mr. GRAHAM. Mr. President, as the ing that policy. But in those cases, the forms of commercial transaction, tele- amendment clearly states, its purpose States have a choice. If a State be- communications, and other aspects of is to establish to the extent possible lieves the Federal requirement is so our economy that will be affected that under our rules that the moratorium, onerous or so misguided that they will are beyond our ability to currently es- whatever this body decides its initial reject it, they can do so and accept the timate. length will be, will be that length and consequences of some reduction in A second risk is that this morato- that we will not fall into a situation of their Federal funds. rium will become ingrained into the a ‘‘fluid’’ moratorium, with efforts What we are deciding here today is law. We have had multiple examples of each year made to extend it further that the States do not have such an op- where laws that were originally passed and further. This amendment does not tion. There will be a prohibition for the as temporary moratoriums, or as a go to the issue of what the length of period of the moratorium on the temporary benefit, have become de the initial moratorium shall be. State’s ability to exercise their policy facto permanent. In fact, before this The bill before the Senate today, relative to the taxation of Internet ac- session is over, we may be considering which is the product of the Senate Fi- cess or Internet transactions. what is referred to as an extender law, nance Committee, provides for a 2-year What concerns me about this policy which is to add additional months or moratorium. There are amendments is its potential to ‘‘morph’’ from being years to a variety of tax benefits which filed which would extend that up to 5 a temporary pause to being a perma- were initially adopted to have a speci- or 6 years. There are no amendments nent prohibition. What are some of the fied time to limited life. But once in filed which would reduce the period of risks that are involved in this? One of place, once they have developed a po- the moratorium. So it is fair to suggest those risks is the unknown, the un- litical constituency, they have become, that we will be dealing with the mora- known potential of this new rapidly de- for all intents and purposes, permanent torium of at least 2 years, possibly veloping technology having implica- provisions in our Tax Code. longer. The purpose of this amendment tions to State and local governments I am concerned that the same devel- is to assure to the extent possible that which are beyond our current ability to opment of a political constituency that once we have made that decision, that comprehend. has gotten used to the fact that they will be the decision. As an example, there is an emerging didn’t have to pay any tax for access, The underlying premise of this bill is technology—it is not new, it is in place and particularly any tax on Internet an unusual one for the U.S. Congress— but will probably become more preva- transactions, will develop here and October 6, 1998 CONGRESSIONAL RECORD — SENATE S11573 there and will be tremendous political sure that this moratorium will not worked hard to address the concerns pressure at the conclusion of this mor- morph into a permanent prohibition. some Members have expressed. atorium, whenever that might be, for Mr. President, the fundamental issue S. 442 is before the Senate now, not its extension. here is the issue that underlies this because any extraordinary measures Next, the potential of a long-term legislation, and that is the desire to have been taken, but because the bill moratorium merging into prohibition have parity, equality, on the commer- has undergone the legislative process would create an imbalance on the com- cial playing field among all forms of as it was meant to function. This legis- mercial playing field. I could foresee sales, whether they be the Main Street lation is before the Senate today be- what is happening in a limited form be- seller or the remote seller or the cyber- cause the majority of Senators support coming more prevalent as retail stores space seller; second, to assure that the it and a filibuster would have been de- begin to open a back office Internet Federal Government will not unduly feated. There is no reason to institute sales shop in order to be able to par- intrude into the areas of historic re- a supermajority for future actions on ticipate in tax-free Internet sales. So sponsibility for State and local govern- this issue, as Congress is fully capable what today is a relatively limited ap- ment. It is appropriate for us to at- of addressing this issue under existing plication has the potential of becoming tempt to establish some standards for processes and procedures. a much larger threat to fairness and uniformity of treatment and predict- I yield to the Senator from Oregon parity in the commercial marketplace ability of treatment. It is not appro- such time as he may consume. and to a fundamental source of revenue priate for the Federal Government to The PRESIDING OFFICER. The Sen- for State and local government. preempt State and local governments ator from Oregon is recognized. Finally, the potential of the specified from their ability to exercise what Mr. WYDEN. Mr. President, I strong- moratorium being extended would they think is appropriate tax policy for ly urge my colleagues to oppose this delay or obviate the accomplishment of their citizens. amendment. I think we are making the very objective of having the mora- So the amendment would provide substantial progress on this legisla- torium in the first place, which is to that once the moratorium has been tion. I believe that in a few minutes direct a commission, representative of completed, whatever its length, it Senator MCCAIN and I are going to ac- the various stakeholders in this issue, would require a three-fifths vote of cept something like seven or eight to sort out the conflicting theories and each House to extend that moratorium amendments that have been offered in practices and give us a recommenda- for a further period. an effort to try to bring the parties to- tion for some uniform, fair, non- I reserve the remainder of my time. gether, and I would like to see us con- discriminatory Federal, State, and Mr. MCCAIN addressed the Chair. tinue to work in this spirit. local policies, as it relates to the use of The PRESIDING OFFICER. The Sen- Mr. President, and colleagues, I in- the Internet as a form of commerce. ator from Arizona is recognized. troduced the Internet Tax Freedom Act So for all of those reasons, Mr. Presi- PRIVILEGE OF THE FLOOR in March of 1997. Since then, this meas- dent, I am concerned, and I think our Mr. MCCAIN. On behalf of Senator ure has been one of the most hotly de- Members should be concerned, about MACK, I ask unanimous consent that bated measures in this Congress—de- the prospect of the moratorium, what- Elaine Petty and Nancy Segerdahl, leg- bated in both the Senate and the House ever length we finally decide is appro- islative fellows in Senator MACK’s of- of Representatives. Through the course priate, becoming a permanent prohibi- fice, be granted floor privileges during of this year and a half discussion, never tion on the use of State governments the week of October 5 for consideration once has this idea been suggested—not and of their inherent powers relative to of S. 1868, the International Religious in the House nor in the Senate. And the the Internet. Freedom Act of 1998. fact of the matter is we are still having Finally, Mr. President, I think the The PRESIDING OFFICER. Without important negotiations in order to get period of time that is in the Senate fi- objection, it is so ordered. at the issue of how long the morato- nance bill and the period of time that PRIVILEGE OF THE FLOOR rium ought to be. We are anxious to in- is proposed in various amendments Mr. GRAHAM. Mr. President, I ask volve the Senator from Florida in that should be plenty to accomplish the ob- unanimous consent that Mary Jo effort. It would seem to me that our jective of this study. We have had a Catalano and Heather Landesman of job—just as we have tried to do with number of recent commissions that my staff be granted floor privileges for the seven or eight amendments which have been given a specific time to ac- the pendency of S. 442. Chairman MCCAIN and I are going to complish their task. The PRESIDING OFFICER. Without accept in a few minutes—is to continue Two or three years ago, the Congress objection, it is so ordered. to do our work in good faith. The Sen- established an Internal Revenue Re- Mr. MCCAIN. Mr. President, I urge ator from Florida knows that I have form Commission. It gave that com- my colleagues to oppose this amend- gone to considerable lengths to be sup- mission 18 months to look at an agency ment. It circumvents the legislative portive of his position with respect to as complex as the IRS. That commis- process by requiring a supermajority to what would be studied by the commis- sion actually completed its work in 15 extend the tax moratorium in the sion in an effort to be responsive to his months, made its report, and this year Internet Tax Freedom Act, it would concerns. Congress used that report as the basis bind the hands of future Congresses, I would like to see us continue those of probably the most sweeping reforms and it would start setting a rather dan- discussions, both with respect to what of the Internal Revenue Service in a gerous precedent. the commission will study and how generation. Mr. President, the Senate has a long the moratorium ought to be. Last year, we established a Medicare supermajority mandate that applies to When we arrive at that point, I and Commission to look at one of the most all legislation; it is called a filibuster. others believe that the commission complicated, one of the most expen- Requiring three-fifths of Congress to will do a thoughtful and responsible sive, one of the most sensitive pro- agree to adopt any future actions in job. We think they are going to work in grams that the Federal Government this matter is unnecessary, when all good faith. If at any point they indi- operates, the program that finances legislation considered and passed by cate that they are unwilling to pursue the health care of some 35 million of the Senate must essentially meet the their duties in that kind of fashion, the our older citizens. We gave that com- test created by the filibuster. U.S. Senate can get back at it. mission 18 months in order to issue its This legislation before us, the Inter- I think it is important that the Sen- report. net Tax Freedom Act, is an excellent ate reject this amendment and let us So I suggest that the 2 years that are example of the proper manner in which continue in the kind of spirit that in the Finance Committee rec- legislation makes its way to the Sen- Chairman MCCAIN and I have shown ommendation are ample to carry out a ate for full consideration and a final with respect to the seven or eight much more focused study of the tax vote. This legislation has been fully amendments that are going to come up implications of the Internet and that considered by the Commerce Commit- very shortly that we have agreed to ac- we should take this step by adopting tee, referred to the Finance Commit- cept, and let us get this bill on the the amendment that I proposed to as- tee, and Senator WYDEN and I have President’s desk. S11574 CONGRESSIONAL RECORD — SENATE October 6, 1998 The President of the United States is carry out their responsibilities in pub- international trade. Let’s not create for this legislation, the majority leader lic safety, education and other critical some artificial barrier for us to jump of this body, TRENT LOTT, is for this areas. over as an institution as we try to deal legislation, and the minority leader, Mr. President, I urge the adoption of with what is a tremendous real ferry TOM DASCHLE, has said that he wants this amendment, which I consider to be that may be created by having 30,000 to see this bill enacted. I think it is im- wholly consistent with the objectives municipalities and State agencies portant that we reject this amendment of this legislation as stated by its spon- across the country assess taxes against and move forward in good faith to work sors. the Internet. out the remaining issues. The PRESIDING OFFICER. Who I yield the floor. Mr. President, I yield the floor. yields time? The PRESIDING OFFICER. Who The PRESIDING OFFICER. Who Mr. MCCAIN. Mr. President, I ask yields time? yields time? unanimous consent that the vote take Mr. GRAHAM. Mr. President, I yield Mr. GRAHAM. Mr. President, how place at 5 o’clock. 2 minutes to the Senator from North much time do I have remaining? The PRESIDING OFFICER. Does the Dakota. The PRESIDING OFFICER. The Sen- Senator from Florida yield back time? The PRESIDING OFFICER. The Sen- ator has 5 minutes 55 seconds. The Sen- Mr. GRAHAM. How much time do I ator from North Dakota. Mr. DORGAN. Mr. President, I may ator from Arizona has 4 minutes 52 sec- have remaining? not need the entire 2 minutes, but I onds. The PRESIDING OFFICER. Two rise in support of the amendment of- Mr. GRAHAM. Mr. President, I also minutes 42 seconds. add my name to the list in favor of the fered by the Senator from Florida. Mr. GRAHAM. Mr. President, I re- This issue is relatively simple. The residual purpose of this legislation, serve the remainder of my time. whole purpose of a moratorium is to which is a pause of sufficient length to Mr. MCCAIN. I withdraw my unani- take kind of a time-out and establish a allow a serious study of the implica- mous consent request. I yield such commission and review a series of tions of Internet technology to be a time to the Senator from New Hamp- these issues. But all of us here know party in the commercial marketplace, shire as he may consume. how difficult it is going to be when this and the role of State and local tax- The PRESIDING OFFICER. The Sen- moratorium, whatever it is, is to ex- ation, as well as international and Fed- ator from New Hampshire is recog- pire. We will have people coming here eral taxation on this new technology. nized. saying this needs to be a perpetual The purpose of that latter point is to Mr. GREGG. Mr. President, I rise to thing; we will continue the morato- achieve stability, predictability and support the position of the chairman of rium year after year after year. I want uniformity in a way in which Internet the committee on this issue in opposi- this piece of legislation with its mora- transactions and access is treated and tion to the Senator from Florida. torium to represent that time-out; to to avoid there being a discriminatory The proposal which the Senator from give this country time to make the set of policies that are contrary to the Florida is suggesting goes really to the right decisions. But at that point I development of their important new essence of this debate, which is wheth- want the decisions to be made, and I technology. I believe the Senate Fi- er or not 30,000 municipalities and want the moratorium to be gone. That nance Committee bill achieved that State agencies across this country are is what the Senator from Florida is proper balance with a 2-year morato- going to have the right to essentially saying. It is a very important amend- rium. assess taxes in an arbitrary way on one ment. What I am concerned about and what of the most dynamic vehicles of com- I hope my colleagues will support this amendment goes to is for that merce that has never come forward in this amendment so that we will comply brief pause not to become a permanent the experience of the world. The chaos with what I think the true spirit of this prohibition. For the reasons that I which those 30,000 municipalities and legislation really is—a time-out for have already cited—the rapidly chang- State agencies would create should thoughtful decisions to be made and ing nature of this technology and its they be able to assess that type of tax- then business as usual. We don’t want application, the potential for a con- ation on the Internet would be over- permanent preemption of the State’s stituency to develop that would con- whelming. It might totally defeat what tax base. That is what will happen if vert temporary into permanent, the has been one of the great engines of we don’t decide now that this morato- basic unfairness of having some forms economic activity and prosperity rium will be—whatever it is. I hope it of commerce subject to tax while oth- which our Nation has enjoyed over the is 3 years. ers are given the benefit of a morato- last few years. Mr. GREGG. Will the Senator yield? rium, the inappropriateness of the Fed- It is not a unique situation. We can Mr. DORGAN. If I have time, I am eral Government preempting appro- go all the way back to John Marshall happy to yield. Of course. priate State and local judgments for to determine that the Congress has the Mr. GREGG. Wouldn’t the business as protracted periods of time—all have led right to make the decision on the issue usual be that the majority would take me to suggest that we should add to of policy relative to taxation in com- action rather than having a super- the 2-year moratorium, as it is cur- merce. It was, of course, Chief Justice majority take place? rently written, an additional protec- Marshall who determined that when a Mr. DORGAN. The Senator misunder- tion, and that is at the end of that ferry was crossing a river between two stood my business-as-usual comment. I moratorium, if there is a proposal to States that that ferry could not be was talking about the business as usual extend further, that it would take a 60- taxed by the local State if it was going allowing a State to describe its own vote margin and an equivalent percent- to interfere with interstate commerce. tax base in a fair and thoughtful man- age of votes in the House of Represent- This concept has carried through our ner. My fear is that this moratorium atives in order to do so. jurisprudence since that time—that the will continue forever, unless it be- That would give us some assurance Federal Government reserves the comes what we think it should be- that the objectives that are stated will unique right to determine the taxation come—a time-out to make decisions, be achieved, but that this will not be- of commerce. and then move on. Mr. President, I yield the floor. come the camel’s nose in the tent There is no reason why we should ar- The PRESIDING OFFICER. Who where eventually the whole body of the bitrarily handicap ourselves by creat- yields time? camel will be inside the tent. We would ing a supermajority within our own in- Mr. MCCAIN. How much time do I be in the position of a permanent pro- stitution to exercise that right, which have remaining? hibition on legal and appropriate pol- is what the Senator from Florida is The PRESIDING OFFICER. The Sen- icy decisions that have and should be proposing. ator has 2 minutes 5 seconds. made at the State and local level for Let’s continue the policies which Mr. MCCAIN. I yield the remainder of the purposes of maintaining not only have done us so well in the area of tax my time. fair treatment in the marketplace but policy for the last 200 years, which is a The PRESIDING OFFICER. Does the also the essential resources necessary majority of the Congress to make a de- Senator yield the remainder of his for State and local governments to cision as to what tax policy shall be in time, 29 seconds? October 6, 1998 CONGRESSIONAL RECORD — SENATE S11575 Mr. GRAHAM. I yield the remainder The PRESIDING OFFICER (Mr. State or local jurisdiction or other area of a of my time. SMITH of Oregon). Without objection, it State, of tangible personal property, Mr. MCCAIN. Mr. President, I move is so ordered. (2) the term ‘‘local sales tax’’ means a sales tax imposed in a local jurisdiction or area of to table the Graham amendment. Mr. MCCAIN. Mr. President, I ask I ask for the yeas and nays. a State and includes, but is not limited to— unanimous consent the Senate now (A) a sales tax or in-lieu fee imposed in a The PRESIDING OFFICER. Is there a move to a Bumper’s amendment, with local jurisdiction or area of a State by the sufficient second? 10 minutes equally divided on either State on behalf of such jurisdiction or area, There is a sufficient second. side, followed by a rollcall vote if the and The yeas and nays were ordered. Senator from Arkansas wants it; I will (B) a sales tax imposed by a local jurisdic- The PRESIDING OFFICER. The make a motion to table; following that, tion or other State-authorized entity pursu- question is on agreeing to the motion that the Senate then go into morning ant to the authority of State law, local law, of the Senator from Arizona. The yeas or both, business, with Senators permitted to and nays have been ordered. (3) the term ‘‘person’’ means an individual, The clerk will call the roll. speak up to 5 minutes each until 6:30 a trust, estate, partnership, society, associa- The bill clerk called the roll. p.m. tion, company (including a limited liability Mr. FORD. I announce that the Sen- Mr. BUMPERS. I add to that, no sec- company), or corporation, whether or not acting in a fiduciary or representative capac- ator from Ohio (Mr. GLENN) and the ond-degree amendments be in order. ity, and any combination thereof, Senator from New York (Mr. MOY- The PRESIDING OFFICER. Without objection, it is so ordered. (4) the term ‘‘sales tax’’ means a tax, in- NIHAN), are necessarily absent. cluding use tax, that is— The result was announced—yeas 83, AMENDMENT NO. 3742 (A) imposed on or incident to the sale, pur- nays 15, as follows: (Purpose: To require persons selling tangible chase, storage, consumption, distribution, or [Rollcall Vote No. 299 Leg.] personal property via the Internet to dis- other use of tangible personal property as YEAS—83 close to purchasers that they may be sub- may be defined or specified under the laws ject to State and local sales and use taxes imposing such tax, and Abraham Feingold McConnell on the purchases) Akaka Feinstein Mikulski (B) measured by the amount of the sale Allard Frist Moseley-Braun Mr. BUMPERS. Mr. President, I send price, cost, charge, or other value of or for Ashcroft Gramm Murkowski an amendment to the desk. such property, and Baucus Grams Murray The PRESIDING OFFICER. The (5) the term ‘‘State’’ means any of the sev- Bennett Grassley Nickles eral States of the United States, the District Biden Gregg Reed clerk will report. of Columbia, the Commonwealth of Puerto Bingaman Hagel Reid The assistant legislative clerk read Rico, and any territory or possession of the Bond Harkin Robb as follows: United States. Boxer Hatch Roberts Brownback Helms Rockefeller The Senator from Arkansas [Mr. BUMP- SEC. . EFFECTIVE DATE. Bryan Hutchinson Roth ERS], for himself, and Mr. GRAHAM, proposes This title shall take effect 180 days after Burns Hutchison Santorum an amendment numbered 3742. the date of enactment of this Act. In no Cambell Inouye Sarbanes Mr. BUMPERS. Mr. President, I ask event shall this Act apply to any sale occur- Chafee Jeffords Sessions ring before such effective date. Coats Johnson Shelby unanimous consent reading of the Cochran Kempthorne Smith (NH) amendment be dispensed with. Mr. BUMPERS. Mr. President, this is Collins Kerrey Smith (OR) The PRESIDING OFFICER. Without a very simple amendment. Forty-five Coverdell Kerry Snowe Craig Kohl Specter objection, it is so ordered. States have sales and use taxes on D’Amato Kyl Stevens The amendment is as follows: sales of merchandise coming into their Daschle Lautenberg Thomas At the appropriate place, insert the follow- State from another State. The problem DeWine Leahy Thompson ing new title: is, they can’t collect it because the Dodd Lieberman Thurmond Domenici Lott Torricelli TITLE —CONSUMER PROTECTION TAX DISCLO- people who are buying the merchandise Durbin Lugar Warner SURE don’t know that there is a sales tax on Enzi Mack Wyden SEC. . DISCLOSURE REQUIREMENT. the goods coming in. I think Maine col- Faircloth McCain (a) DISCLOSURE REQUIREMENT.—Any person selling tangible personal property via the lects about $1 million, and that is prob- NAYS—15 Internet who— ably as much as any State collects. Breaux Dorgan Inhofe (1) delivers such property, or causes such People are always getting rude sur- Bumpers Ford Kennedy property to be delivered, to a person in an- prises. All of a sudden somebody Byrd Gorton Landrieu Cleland Graham Levin other State, and knocks on the door and they say, ‘‘We Conrad Hollings Wellstone (2) does not collect and remit all applicable saw where you just bought $50,000 State and local sales taxes pertaining to the NOT VOTING—2 worth of furniture from North Caro- sale and use of such property. lina. You owe sales tax.’’ They say, Glenn Moynihan shall prominently display the notice de- ‘‘The ad said no sales tax.’’ ‘‘I don’t The motion to lay on the table the scribed in subsection (b) on every other form care what the ad says. There is a North amendment (No. 3729) was agreed to. available to a purchaser or prospective pur- chaser. Carolina sales tax on merchandise Mr. MCCAIN. I move to reconsider brought in from out of State.’’ the vote and I move to lay that motion (b) DISCLOSURE NOTICE.—The notice de- scribed in this subsection is as follows: My amendment says on Internet on the table. ‘‘NOTICE REGARDING TAXES: You may sales, if you sell into a State, you must The motion to lay on the table was be required by your State or local govern- notify people with a short notice that agreed to. ment to pay sales or use tax on this pur- simply says, ‘‘This merchandise may be Mr. MCCAIN. Mr. President, I ask chase. Such taxes are imposed in most subject to a sales or use tax in your unanimous consent there now be a pe- States. Failure to pay such taxes could re- State.’’ You could be subject to a civil riod of morning business, with Sen- sult in civil or criminal penalties. For infor- penalty or a criminal penalty—some- ators permitted to speak up to 5 min- mation on your tax obligations, contact your thing like 100 bucks. If you want to utes each until 6:30 p.m. State taxation department.’’ Mr. BUMPERS. I object. (c) REGULATORY AUTHORITY.—The Sec- check, you should check with your Mr. President, I send an amendment retary of Commerce shall issue and enforce local revenue department to determine to the desk. such regulations as are necessary to ensure whether or not your State has a tax. The PRESIDING OFFICER. The Sen- compliance with this section, including regu- I want every Member in this body to lations as to what constitutes prominently ask this question: Why would you vote ator from Arizona has the floor. displaying a notice. Mr. MCCAIN. Mr. President, I suggest against this when your legislature has SEC. . PENALTIES. the absence of a quorum. specifically provided that sale of goods Any person who willfully fails to include from across the State lines are tax- The PRESIDING OFFICER. The any notice under section ll shall be fined clerk will call the roll. not more than $100 for each such failure. able? If you say they are not taxable, The assistant legislative clerk pro- SEC. . DEFINITIONS. you are flying right into the face of the ceeded to call the roll. For purposes of this title— will of the people in your State who Mr. MCCAIN. I ask unanimous con- (1) the term ‘‘use tax’’ means a tax im- said they should be. sent that the order for the quorum call posed on or incident to the use, storage, con- All I am saying, people should not be be rescinded. sumption, distribution, or other use within a misled and should be told that when S11576 CONGRESSIONAL RECORD — SENATE October 6, 1998 they buy this merchandise it may be They are opposed to this because Collins Hutchison Reid Coverdell Jeffords Robb subject to a sales or use tax. It is just their State is not one of the 45 States Craig Kempthorne Roberts that simple. Why wouldn’t you? If your that do have a sales or use tax. Sec- D’Amato Kerrey Roth State is one of the 45 States that have ondly, the unanimous consent agree- DeWine Kerry Santorum a tax, why would you not want a com- ment limits amendments to relevant Dodd Kohl Sessions Domenici Kyl Shelby pany selling goods on the Internet—not amendments. If you put mail-order Enzi Lautenberg Smith (NH) mail-order houses on the Internet— catalog sales in, it is not relevant. Faircloth Leahy Smith (OR) why would you not want to tell the That is the reason I confined it to the Feinstein Lieberman Snowe customer he may be subject to it, in- Frist Lott Specter Internet and asked consent to extend Gramm Lugar Stevens stead of him getting a rude surprise it. That is the reason they objected. Grams Mack Thomas and some auditor knocking on his They don’t have to face a legislature or Grassley McCain Thompson door? people back home who passed a sales or Gregg McConnell Thurmond I reserve the remainder of my time. Hagel Moseley-Braun Torricelli use tax on Internet sales coming in Hatch Murkowski Warner The PRESIDING OFFICER. The Sen- from out of State, because their States Helms Murray Wyden ator from Oregon. don’t have a sales or use tax. My State Hutchinson Nickles Mr. WYDEN. Thank you, Mr. Presi- does have that use tax, and we would NAYS—27 dent. like to collect it. Your revenue depart- I strongly oppose this amendment. Bennett Durbin Johnson ments and your Governors would like Breaux Feingold Kennedy This amendment specifically singles to collect it, too. Bryan Ford Landrieu out those who sell goods over the Inter- Bumpers Gorton Levin All I am saying is, Internet sales sim- net for discrimination. It applies to one Byrd Graham Mikulski class of people and that is those who ply ought to state a simple thing—that Cleland Harkin Reed Conrad Hollings Rockefeller sell goods on the Internet. The amend- the goods you are buying could be sub- ject to a use or sales tax in your State; Daschle Inhofe Sarbanes ment would impose on those sellers of Dorgan Inouye Wellstone if you want to know whether it does or goods on the Internet a new require- NOT VOTING—2 ment that would not be imposed on not, contact your local revenue depart- Glenn Moynihan someone who sells goods over the ment. What is wrong with that? Who phone or someone who mails the goods can oppose that? The taxes have al- The motion to lay on the table the when they get a check. ready been passed by the legislature. It amendment (No. 3742) was agreed to. Now, let’s picture the kind of person is just that they can’t collect it unless The PRESIDING OFFICER (Ms. who is going to be hurt by this amend- they stand at the border and intercept SNOWE). The Senator from Arizona. ment. My State, the State of the Pre- every piece of merchandise that comes UNANIMOUS CONSENT AGREEMENT siding Officer of the Senate, has 100,000 through the mail or on the highway. Mr. MCCAIN. Madam President, I ask home-based businesses. These are some They can’t do it. unanimous consent that the Senate re- of the most exciting businesses in the So all I am saying is, if these 45 main on S. 442 for the purposes of offer- country coming up with new products. States have seen fit to levy taxes on ing a nonrelevant amendment that has They are small. They are entrepreneur- out-of-State sales to make the playing been agreed to by both sides, that the ial. If this amendment passes, those field a little more level with the main amendment be immediately agreed to, 100,000 home-based businesses in Or- street merchants, we ought to give and that the Senate return to morning egon—and there are thousands and them such help as we can. I am saying business under the previous order, ex- thousands of other home-based busi- they ought to at least advise these peo- cept that the time be until 7:30 instead nesses across the country in States ple that these purchases might be sub- of 6:30, with no intervening action or that we all represent—they, and only ject to a use or sales tax. debate. they, will be subject to this new re- Mr. President, I am prepared to yield The PRESIDING OFFICER. Is there quirement. back the remainder of my time if ev- objection? This amendment seeks to do what erybody else is, and we will go to a Mr. DORGAN. Madam President, re- the Internet tax freedom bill seeks to vote. serving the right to object. I will not prevent. Our legislation is about tech- Mr. GREGG. Mr. President, I move to object. My understanding is the amend- nological neutrality. We should treat table the amendment of the Senator ment that is to be offered has been the Internet like we treat everything from Arkansas and ask for the yeas cleared with the authorizing commit- else. It shouldn’t get a preference. It and nays. tee, and we have no problem with the shouldn’t be discriminated against. But The PRESIDING OFFICER. Is there a amendment. if you read section (a) of this amend- sufficient second? Mr. BYRD. Madam President, reserv- ment, you will see that it applies re- There is a sufficient second. ing the right to object. quirements to one class of people, and The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- one class of people only. Those are in- The PRESIDING OFFICER. The ator from West Virginia. dividuals who sell goods over the Inter- question is on agreeing to the motion Mr. BYRD. I have no intention of ob- net. to table the amendment of the Senator jecting. I merely want a little clarifica- This is discriminatory. This does from Arkansas. The yeas and nays have tion on the time. Will that mean we what our legislation seeks to prevent. been ordered. have to wait until 7:30 and then may Those who vote for the amendment, in The clerk will call the roll. have a rollcall vote or so after that? my view, in this Senator’s view, are The assistant legislative clerk called The PRESIDING OFFICER. The Sen- fostering the kind of policy that is the roll. ator from Arizona. going to lead to selective and discrimi- Mr. FORD. I announce that the Sen- Mr. MCCAIN. Madam President, it is natory activity against those who sell ator from Ohio (Mr. GLENN) and the my understanding that there will not goods through the World Wide Web. Senator from New York (Mr. MOY- be the likelihood of further votes, but I yield back my time, Mr. President. NIHAN) are necessarily absent. we will have to clear that with the ma- Mr. BUMPERS. Mr. President, I ask The PRESIDING OFFICER. Are there jority leader. unanimous consent that my amend- any other Senators in the Chamber de- Mr. LOTT addressed the Chair. ment be expanded to include mail- siring to vote? The PRESIDING OFFICER. The ma- order catalog sales. The result was announced—yeas 71, jority leader. Mr. LOTT. Madam President, who The PRESIDING OFFICER. Is there nays 27, as follows: an objection? has the floor? The Senator from Ari- Mr. GREGG. I object. [Rollcall Vote No. 300 Leg.] zona? Mr. BUMPERS. The reason there is YEAS—71 Mr. MCCAIN. I yield the floor. an objection is because the Senator Abraham Biden Burns Mr. LOTT. We are trying to get final from New Hampshire and the Senator Akaka Bingaman Campbell clearance on the antinepotism bill. We Allard Bond Chafee from Oregon do not come from the 45 Ashcroft Boxer Coats think there is a probability that we States that have sales taxes. Baucus Brownback Cochran would not have to have a recorded October 6, 1998 CONGRESSIONAL RECORD — SENATE S11577 vote. But that is what we are trying to I yield the floor. leader, after consultation with the do right now; we are trying to make Mr. BYRD addressed the Chair. Democratic leader, may proceed to Cal- sure everybody is satisfied with that. If The PRESIDING OFFICER. The Sen- endar No. 381, S. 1892, which is the we could get that cleared, move it on a ator from West Virginia. antinepotism language with regard to voice vote, then we would have no fur- Mr. BYRD. Madam President, I with- judicial appointments, under the fol- ther recorded votes tonight. We are not draw my reservation. lowing limitations: No amendments in able to announce it at this moment, The PRESIDING OFFICER. Without order to the bill, and debate limited on but we believe within the next 5 or 10 objection, it is so ordered. the bill to 15 minutes under the control minutes we will be able to make that AMENDMENT NO. 3743 of Senator KYL and 30 minutes under clear. (Purpose: To provide support for certain the control of Senator LEAHY or his I see the Senator from Vermont just institutes and schools) designee. came on the floor. He was one of the The PRESIDING OFFICER. The I further ask unanimous consent that ones we were wanting to get some in- clerk will report the amendment. following the expiration or yielding back of any debate time, the bill be formation from about the antinepotism The legislative clerk read as follows: bill, being able to take it up, and read the third time and the Senate pro- The Senator from Arizona [Mr. MCCAIN], ceed to a vote on passage, with no in- whether or not a recorded vote was for Mr. FRIST, for himself, Mr. THOMPSON, tervening action or debate. going to be necessary on that. Mr. DEWINE, Mr. JEFFORDS, Mr. SMITH of Or- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- egon and Mr. WYDEN proposes an amendment ator from Vermont. numbered 3743. objection, it is so ordered. f Mr. LEAHY. Madam President, I tell Mr. MCCAIN. Madam President, I ask my friend from Mississippi, we dis- unanimous consent that the reading of UNANIMOUS CONSENT AGREE- cussed, last night, what we were trying the amendment be dispensed with. MENT—EXECUTIVE CALENDAR to do, as he knows. The Senator from The PRESIDING OFFICER. Without Mr. LOTT. Madam President, as in Arizona has been most helpful in try- objection, it is so ordered. executive session, I ask unanimous ing to help this along, to get the (The text of the amendment is print- consent that the majority leader shall, antinepotism bill up, but also have the ed in today’s RECORD under ‘‘Amend- no later than the close of business time to do the Fletcher nomination. ments Submitted.’’) Thursday, October 8, proceed to execu- What I understand the Senator from Mr. MCCAIN. Madam President, I ask tive session for the consideration of Mississippi and the Senator from Ari- unanimous consent to add Senator Executive Calendar No. 619, the nomi- zona want to do is to get something SMITH of Oregon and Senator WYDEN as nation of William Fletcher. I further locked in so we can take care of both original cosponsors of this amendment. ask consent there be 90 minutes equal- those. The PRESIDING OFFICER. Without ly divided between the proponents and There were some who wanted a roll- objection, it is so ordered. opponents of the nomination. I further call vote on the nepotism bill. Is the Mr. MCCAIN. Madam President, I ask ask consent that following that debate distinguished leader saying it would be unanimous consent that Senators time, the Senate proceed to a vote on easier for his scheduling if there was GREGG and LIEBERMAN be considered the confirmation of the nomination not one? I came to this conversation original cosponsors of amendment No. and, immediately following that vote, late; I apologize. 3722. Executive Calendar Nos. 803, 804, and Mr. LOTT. I believe it will be better The PRESIDING OFFICER. Without 808—that is, H. Dean Buttram, to be from a scheduling standpoint; there- objection, it is so ordered. U.S. District Judge for the Northern fore, we can advise Members what they The PRESIDING OFFICER. The District of Alabama; Inge Johnson, can expect for the remainder of the question is on agreeing to the amend- also to be a U.S. District Judge for the evening and we can get this legislation ment. Northern District of Alabama; and completed. Then we will be able to go The amendment (No. 3743) was agreed Robert Bruce King, to be a U.S. Circuit to the Fletcher nomination tomorrow. to. Judge for the Fourth Circuit of West Mr. LEAHY. I ask my good friend, Mr. MCCAIN. Madam President, I Virginia—and that they be confirmed, the distinguished leader—and we have move to reconsider the vote by which the motions to reconsider be laid upon been friends for a long time—do I de- the amendment was agreed to. the table, the President be imme- tect a hint in that suggestion of being Mr. BYRD. I move to lay that motion diately notified of the Senate’s action, able to tell Members there may not be on the table. and the Senate then return to legisla- further votes if we voice vote the nepo- The motion to lay on the table was tive session. tism bill? agreed to. Mr. LEAHY. Reserving the right to Mr. LOTT. That was very much an f object. Would the majority leader con- implied hint. sider amending that to add that if he Mr. LEAHY. I think I can tell my MORNING BUSINESS were to bring these up on Wednesday— friend from Mississippi we can over- Mr. MCCAIN. Madam President, ac- I know the agreement says no later come those who are requesting a roll- than Thursday—but if he were to bring call vote on this side. But we do want cording to the previous order, we are in a period for morning business. it up on Wednesday, that would be not- a specific time for a vote on the withstanding the provisions of Rule Fletcher nomination, and I rely on the The PRESIDING OFFICER. That is correct. XXII. distinguished leader to work this to a Mr. LOTT. I don’t see any problem Mr. MCCAIN. Madam President, I time convenient for scheduling. It is, of with that. I believe we probably should suggest the absence of a quorum. course, with the understanding that have asked that. I will amend it to in- The PRESIDING OFFICER. The there will be a time set down for a vote clude that. on Mr. Fletcher that we would be able clerk will call the roll. The PRESIDING OFFICER. Without to reach an agreement. The legislative clerk proceeded to objection, it is so ordered. Mr. LOTT. That is my intent, and, as call the roll. Mr. LOTT. Mr. President, to clarify, the Senator knows, I had made a com- Mr. LOTT. Madam President, I ask we will have not more than 45 minutes mitment earlier we were going to do unanimous consent that the order for of debate on the anti-nepotism bill. that. I will keep that commitment. It the quorum call be rescinded. There will not be a recorded vote on is my intent to have that vote tomor- The PRESIDING OFFICER. Without that, and then not later than Thursday row, or the next day at the latest. We objection, it is so ordered. —but hopefully Wednesday—we can will have a vote on that nomination. f move these judicial nominations—the I thank Senator KYL also for his ef- three I mentioned, plus William fort. I say to all Members, if they will UNANIMOUS CONSENT Fletcher of the Ninth Circuit court. So bear with us just another 5 or 10 min- AGREEMENT—S. 1892 we have had the last vote for the day, utes, we will be able to make it official Mr. LOTT. Madam President, I ask and we will have this debate and per- that we won’t have a recorded vote. unanimous consent that the majority haps some other wrap-up business. But S11578 CONGRESSIONAL RECORD — SENATE October 6, 1998 there will be no further recorded votes ty clear. This bill makes it crystal tion to this bill coming forward. I am during the day. clear that it applies to both employees not in favor of the bill. It will pass, I Mr. KYL addressed the Chair. of the court and judges of the court. understand, but I am not in favor of it. The PRESIDING OFFICER. The Sen- In effect, what the legislation would I know of no problem created by the ator from Arizona is recognized. do is to say that on the same court, appointment of judges who are from Mr. KYL. Madam President, might I like the same circuit or the same dis- the same family. Indeed, the three his- inquire, is it appropriate to begin de- trict court, you would not be able to torical example of which I am aware bate on the subject of the unanimous have a father and son, two brothers, lead me to the opposite conclusion. consent request, S. 1892? And is it cor- two sisters, that sort of thing. But you Justice David Brewer served with his rect that the time would be under my could have people related on different uncle Justice Stephen Field on the control and then Senator LEAHY would circuits or different Federal district United States Supreme Court after have time on the other side? courts. For example, you could have a being appointed by President Harrison The PRESIDING OFFICER. Yes, brother in the Fifth Circuit and a in 1890. Learned and his cousin Augus- that’s the order. brother in the Second Circuit. You tus Hand served together in the South- f could have two sisters serving in dif- ern District of New York and on the ferent circuits or different districts in Court of Appeals for the Second Cir- JUDICIAL ANTINEPOTISM ACT the State of Maine, or of the State of cuit. Richard and Morris Arnold are The PRESIDING OFFICER. The Pennsylvania, or of the State of Ver- brothers currently serving on the clerk will report the bill. mont. But you would not be able to Court of Appeals for the Eighth Cir- The legislative clerk read as follows: have two close relatives in the very cuit. All served with distinction. A bill (S. 1892) to provide that a person same court. I do not know why the country closely related to a judge of a court exercis- The public policy reasons for that are should be deprived of the judgment and ing judicial power under article III of the fairly obvious. When a litigant is be- wisdom of someone because a relative United States Constitution (other than the fore the court, the litigant wants to proceeded him or her to the bench. We Supreme Court) may not be appointed as a know that he or she is being treated have had relatives serve simulta- judge of the same court, and for other pur- fairly. When a relative who is that neously in government before and now. poses. close to a judge that may have decided Should one of the LEVIN brothers or The Senate proceeded to consider the a case on a panel of judges is then HUTCHINSON brothers not serve in Con- bill. being called upon to review the deci- gress? Should one of the Breyer broth- Mr. KYL addressed the Chair. sion of that close relative, the litigant ers be barred from the federal bench? The PRESIDING OFFICER. The Sen- clearly is going to have a question as For that matter, should federal judges ator from Arizona. to whether his or her case can be treat- be prohibited who are related to Sen- Mr. KYL. Mr. President, let me ed fairly. Here is an example: A circuit ators who recommend them to the thank Senator LEAHY for his coopera- court judge sits on a panel of three President and then voted for their con- judges who decide against a plaintiff. tion in allowing us to get this bill up at firmation? this time and deal with it in an expe- That case is then given to the en banc I believe that S. 1892 is an unneces- dited fashion. I will describe briefly the panel of the circuit court in which the sary and unwise bill. Moreover, it could reason for the legislation, what it does. father, or the brother, or the sister of lead to appointment barriers against I will ask unanimous consent to submit that judge is also a member of the daughters and nieces of current judges. further remarks for the RECORD. panel; the litigant might well be a lit- With people living longer and women Under existing law, section 458 of tle skeptical that the brother, sister, as well as men having been practicing title 28 of the U.S. Code reads: ‘‘No per- father, or whoever it is, is going to be law and entered public service in the treating him fairly, given the fact that son shall be appointed to, or employed last decades, I fear that the prohibition the question is whether or not he will in, any office or duty in any court who envisioned by the bill will serve as yet overturn the decision of his brother, or is related by affinity or consanguinity another barrier to keep qualified his son, or whoever the relative is. within the degree of first cousin to any women from being appointed to the justice or judge of such court.’’ So it is historic that we have tried to avoid that kind of conflict of interest. bench. This may be an unintentional I will read the words that pertain to consequence of the bill, but a likely judges: ‘‘no person shall be appointed In most cases, it can be avoided. The kinds of situations in which this will consequence nonetheless. . . . to any court who is related . . . to Senator KYL’s bill is intended to do arise are very rare. But since it has any justice or judge of such court.’’ what section 458 of title 28, United arisen in the context of this particular That language seems pretty straight- States Code, does not; namely, prohibit nominee, and since we think we can forward on its face—that you can’t the appointment to a federal court of a have relations on the same court, nom- make the statute crystal clear to apply to both judges and employees, it relative of a judge already serving on inated by the President or appointed that court. The bill would amend the by the Senate. Notwithstanding that seemed like a good thing to do. I have two final points. One, this does law to add a prohibition against the ap- relatively clear language, there has not apply to the U.S. Supreme Court. pointment of a person to a federal arisen a controversy over whether it Constitutionally, we have the ability court on which a first cousin or closer means what I suggest it says. The ad- to set the criteria or qualifications for relative of that nominee was an active ministration has actually interpreted circuit and district courts, but we or senior judge. it in a way that could mean that it ap- don’t have that ability for the Supreme In 1914 President Woodrow Wilson ap- plies only to employees of the court, Court. That is fixed in the Constitu- pointed Augustus Hand to the United not to judges of the court themselves. tion. We could not apply it there. States District Court for the Southern This bill clarifies that it applies to Secondly, it only applies to nomina- District of New York where he joined both, which I think was both the origi- tions made after the effective date of his distinguished first cousin and close nal intent and the best public policy. I the statute. For those interested in the friend Judge Learned Hand. In 1927, note that the issue has arisen because nomination of Professor Fletcher, this President Calvin Coolidge elevated of the nomination of Professor Fletch- statute or change would not adversely Judge Augustus Hand to the United er to be a judge on the Ninth Circuit, affect his nomination or confirmation States Court of Appeals for the Second since his mother sits on the circuit by the Senate. Circuit, where he rejoined his cousin currently. Frankly, most people were With that explanation, I yield to Sen- Judge Learned Hand, who had been ele- not aware of the statute, Madam Presi- ator LEAHY for such comment as he vated three years before. Had the Kyl dent. But, in my view, we should not do may want to make. I know he is in op- bill been in force, neither of these ap- something that is not permitted under position to the bill. pointments would have been in accord- the law. Therefore, while I acknowl- The PRESIDING OFFICER. The Sen- ance with law. edge that the administration has raised ator from Vermont is recognized. The service of the Hand cousins on a question about the interpretation of Mr. LEAHY. I thank my friend from the Second Circuit was central to the the statute, I think the statute is pret- Arizona. As he knows, I have opposi- development of the law in our Circuit October 6, 1998 CONGRESSIONAL RECORD — SENATE S11579 and to its reputation as the finest fed- nance reform, comprehensive tobacco ‘‘(ii) shall not include a retired judge, ex- eral appellate court in the country. legislation, the patient bill of rights cept as described under clause (i). More recently, just six years ago in and HMO reform. ‘‘(2) No person may be appointed to the po- 1992, President George Bush appointed In his most recent Report on the Ju- sition of judge of a court exercising judicial power under article III of the United States Judge Morris Arnold to the United diciary the Chief Justice of the United Constitution (other than the Supreme Court) States Court of Appeals for the Sixth States Supreme Court warned that va- who is related by affinity or consanguinity Circuit, where he joined his brother cancies would harm the administration within the degree of first cousin to any judge Judge Richard Arnold on that court. In of justice. The Chief Justice of the who is a member of the same court.’’. our confirmation proceedings, a num- United States Supreme Court pointedly (b) EFFECTIVE DATE.—This Act shall take ber of Senators commented favorably declared: ‘‘Vacancies cannot remain at effect on the date of enactment of this Act on the fact that Judge Arnold was join- such high levels indefinitely without and shall apply only to any individual whose ing his distinguished brother. eroding the quality of justice that tra- nomination is submitted to the Senate on or after such date. When it was a brother being nomi- ditionally has been associated with the nated by a Republican President, the federal judiciary.’’ Mr. KYL. Madam President, I move familial relationship was seen as a Once this bill is acted upon by the to reconsider the vote. plus, a benefit for the public. Now that Senate, the Senate will finally be al- Mr. LEAHY. I move to lay that mo- we have a Democratic President nomi- lowed to turn its attention to the long- tion on the table. nating a son to join a bench that has standing nomination of Professor The motion to lay on the table was included his mother, a new danger of Fletcher. I have said from the outset of agreed to. possible appearance of conflict of inter- Senator KYL’s effort that I would not Mr. LEAHY. Madam President, I sug- est is being conjured up as an excuse to hold up consideration of his bill but gest the absence of a quorum. delay and oppose confirmation of a dis- that I wanted an opportunity to note The PRESIDING OFFICER. The tinguished scholar and decent person. my opposition to it and to vote against clerk will call the roll. I worry that we are raising some- it. Indeed, it was Senator KYL who held The bill clerk proceeded to call the thing that we don’t need to raise. I re- his bill over for a week before it was roll. alize this affects Professor Fletcher’s considered before the Judiciary Com- Ms. SNOWE. Mr. President, I ask appointment. But I think we may have mittee. unanimous consent that the order for legislated beyond where we need to leg- Despite the Committee reporting of the quorum call be rescinded. islate. the bill on May 21, 1998, the majority The PRESIDING OFFICER (Mr. AL- There are problems with the appoint- did not propose consideration of S. 1892 LARD). Without objection, it is so or- ment of judges to the federal judiciary, until Monday of this week, October 5, dered. but nepotism in the appointment of 1998. I responded without delay that I f judges does not appear to be one of was prepared, as I had been all along, SECTION 371 OF THE NATIONAL them. After all, it is the President who to enter into a short time agreement to DEFENSE AUTHORIZATION ACT nominates and the Senate that con- be followed by a vote on the bill. Con- FOR FISCAL YEAR 1999 sents. If we really wanted to do some- sistent with that undertaking I have thing about the evils of nepotism, we noted my opposition and am prepared Mr. GRASSLEY. Mr. President, I would prohibit Presidents from nomi- to vote. would like to take a moment to clarify nating their relatives or the Senate Madam President, I am willing to one section of the Strom Thurmond from confirming theirs. Other judges, yield the remainder of the time and go National Defense Authorization Act relatives or not, do not have a role in to a vote. with my colleague, Senator THURMOND. the appointment process. Mr. KYL. Madam President, I am I want to clarify further the intent of The bigger problem with respect to happy to yield the remainder of my the language in section 371. This sec- the judiciary is the assault on the judi- time and am prepared to vote. tion deals with the ability of the chil- ciary by the Republican majority and The PRESIDING OFFICER. The bill dren of U.S. Customs employees living its unwillingness to work to fill long- is before the Senate and open to in Puerto Rico to attend the Depart- standing vacancies with the qualified amendment. If there be no amendment ment of Defense school in Puerto Rico. people being nominated by the Presi- to be proposed, the question is on the It is my understanding that the Cus- dent. Professor Fletcher’s nomination engrossment and third reading of the toms Service will not be required to re- has been a casualty of the Republican bill. imburse the Department of Defense for majority’s efforts. Forty-one months The bill (S. 1892) was ordered to be the cost of dependents attending the and two confirmation hearings have engrossed for a third reading, was read DOD school in Puerto Rico. Is this the not been enough time and examination the third time, and passed as follows: Senator’s understanding? to bring the Fletcher nomination to a S. 1892 Mr. THURMOND. I appreciate the op- vote. Be it enacted by the Senate and House of Rep- portunity to clarify the intent of this Professor Fletcher is a fine person resentatives of the United States of America in provision. The Conference Report au- and an outstanding nominee has had to Congress assembled, thorizes children of Customs Service endure years of delay and demagoguery SECTION 1. LIMITATION ON CLOSELY RELATED employees to attend the Department of as some choose to play politics with PERSONS SERVING AS FEDERAL Defense school in Puerto Rico during JUDGES ON THE SAME COURT. our independent judiciary. The Ninth (a) IN GENERAL.—Section 458 of title 28, the period of their assignment in Puer- Circuit continues to function with mul- United States Code, is amended— to Rico. Our intent was to remove the tiple vacancies among its authorized (1) by inserting ‘‘(a)(1)’’ before ‘‘No per- five-year limit on the eligibility for judgeships, although we have five son’’; and children of non-Department of Defense nominees to the Ninth Circuit pending (2) by adding at the end the following: personnel to attend the DOD school in before the Senate for periods ranging ‘‘(2) With respect to the appointment of a Puerto Rico since Customs employees from four to 41 months. Two await judge of a court exercising judicial power are routinely stationed in locations under article III of the United States Con- hearings, one awaits a Committee vote, stitution (other than the Supreme Court), like Puerto Rico longer than five and two have been on the Senate cal- subsection (b) shall apply in lieu of this sub- years. The provision does not require endar awaiting final action for many section. the Customs Service to pay tuition months. ‘‘(b)(1) In this subsection, the term— costs for these children to attend the This is too reminiscent of the govern- ‘‘(A) ‘same court’ means— DOD school; however, the Secertary of ment shutdown only a couple of years ‘‘(i) in the case of a district court, the Defense may work with the Secretary ago and the numerous times of late court of a single judicial district; and of the Treasury to provide reimburse- when the Republican congressional ‘‘(ii) in the case of a court of appeals, the ment for the tuition costs for children court of appeals of a single circuit; and leadership has recessed without com- ‘‘(B) ‘member’— of Customs Service employees. pleting work on emergency supple- ‘‘(i) means an active judge or a judge re- Mr. GRASSLEY. That was my under- mental and disaster relief legislation, tired in senior status under section 371(b); standing as well. I would like to make on the federal budget, campaign fi- and one additional point which I believe S11580 CONGRESSIONAL RECORD — SENATE October 6, 1998 you just made in your comments. I un- of the Sand Creek Massacre once and combatants, Captain Soule steadfastly derstand that the intention of the Con- for all. refused to order his Company to open ference was that the children of all Somewhere along the banks of Sand fire. Captain Soule’s refusal allowed Customs Service employees would be Creek in Southeastern Colorado is a many, perhaps hundreds, of innocent eligible to attend the DOD school in killing field where many innocent Cheyenne and Arapaho to flee the Puerto Rico. The Conferees did not in- Cheyenne and Arapaho, many of my bloody killing field through his Compa- tend to limit this eligibility to a single ancestors, fell on the cold morning of ny’s line. category of Customs Service employee. November 29, 1864. On that day, in the While the Sand Creek Massacre was The Statement of Managers language month known by the Cheyenne and at first hailed as a great victory, Cap- in the Conference Report refers to Cus- Arapaho people as the Month of the tain Soule was determined to make the toms Agents. Some may interpret this Freezing Moon, this ground was sanc- horrific truth of the massacre known. to mean that only children of agents tified when the blood of hundreds of in- Even though he was jailed, intimi- were eligible to attend the DOD school. nocent Cheyenne and Arapaho women, dated, threatened, and even shot at, Mr. THURMOND. The Senator is cor- children and elderly noncombatants Soule refused to compromise himself rect in pointing this out. The term was needlessly and brutally spilt. and made his voice heard through re- ‘‘agent’’ in the Statement of Managers Once this sacred ground is located, I ports that reached all the way from is not used in the technical sense, but hope it will be acquired and preserved Colorado to Washington, and even to was intended to be a generic reference with honor and dignity and in a way the floor of the U.S. Senate. Even with to all Customs Service employees sta- that takes into account the concerns of the bloody carnage of the Civil War, tioned in Puerto Rico. the Cheyenne and Arapaho decedents of the brutal atrocities at Sand Creek Mr. GRASSLEY. I thank my col- those who died there. This ground shocked the nation. league for clarifying the intent of this should also be open to all people as a During hearings in Denver, Captain provision. reminder of the national tragedy that Soule’s integrity and unwavering testi- f occurred at Sand Creek. mony turned the tide against the once On this special day, I would like to popular Chivington and the other men THE VERY BAD DEBT BOXSCORE take a moment to thank a few people who participated in the massacre and Mr. HELMS. Mr. President, at the who helped S. 1695 become law. I want mutilations at Sand Creek. Captain close of business yesterday, Monday, to thank my colleague from Colorado, Soule fully realized that telling the October 5, 1998, the federal debt stood Congressman BOB SCHAFFER, who in- truth about the massacre could cost at $5,527,218,225,445.49 (Five trillion, troduced the companion bill and shep- him his life, even telling a good friend five hundred twenty-seven billion, two herded this legislation through the that he fully expected to be killed for hundred eighteen million, two hundred House of Representatives. I also want his testimony. He was right. Walking twenty-five thousand, four hundred to thank Senator CRAIG THOMAS, who home with his new bride a short time forty-five dollars and forty-nine cents). as the Chairman of the National Parks later, Silas Soule was ambushed and Five years ago, October 5, 1993, the Subcommittee, was gracious and help- shot in the head by an assassin who federal debt stood at $4,407,913,000,000 ful in getting this bill through the Sen- had participated in the Sand Creek (Four trillion, four hundred seven bil- ate. Massacre. Silas Soule’s funeral, held lion, nine hundred thirteen million). I especially want to thank my friends just a few weeks after his wedding, was Ten years ago, October 5, 1988, the William Walksalong, Steve Brady and one of the most attended in Denver up federal debt stood at $2,621,612,000,000 Laird Cometsevah, who all spoke with until that time. (Two trillion, six hundred twenty-one such eloquence as witnesses during the While Captain Silas Soule’s name has billion, six hundred twelve million). March 24th, 1998, hearing on S. 1695, largely faded into history, he stands Fifteen years ago, October 5, 1983, the that many in the room, including my- out as one of the few bright rays of federal debt stood at $1,385,519,000,000 self, were deeply moved. I also want to light in the moral darkness that sur- (One trillion, three hundred eighty-five thank LaForce Lonebear who sent in rounds the Sand Creek Massacre. He billion, five hundred nineteen million). his testimony even though he could not should be remembered. Twenty-five years ago, October 5, attend the hearing. Finally, I want to Thank you, Mr. President. I yield the 1973, the federal debt stood at thank David Halaas of the Colorado floor. $458,006,000,000 (Four hundred fifty- State Historical Society and Roger f eight billion, six million) which re- Walke of the Congressional Research flects a debt increase of more than $5 Service for their dedication along the MESSAGES FROM THE HOUSE trillion—$5,069,212,225,445.49 (Five tril- way. At 11:55 a.m., a message from the lion, sixty-nine billion, two hundred Many of these and other friends House of Representatives, delivered by twelve million, two hundred twenty- joined me at the White House earlier Mr. Hays, one of its reading clerks, an- five thousand, four hundred forty-five today as S. 1695 was signed into law. nounced that the House has passed the dollars and forty-nine cents) during the Finally, on this occasion I want to following bills, in which it requests the past 25 years. pay a long overdue tribute to one concurrence of the Senate: f young Coloradan, Captain Silas S. H.R. 563, An act to establish a toll free Soule, whose actions over one hundred number in the Department of Commerce to NATIONAL HISTORIC SITE STUDY and thirty years ago saved many inno- ACT OF 1998 assist consumers in determining if products cent Cheyenne and Arapaho lives on are American-made. Mr. CAMPBELL. Mr. President, that fateful day at Sand Creek. H.R. 633. An act to amend the Foreign Tuesday, October 6, 1998, will always When Captain Soule, who was under Service Act of 1980 to provide that the annu- hold a spot dear to my heart. I hope Colonel Chivington’s command, heard ities of certain special agents and security that today will also be dear to the of Chivington’s plan to attack a peace- personnel of the Department of State be hearts of the Cheyenne and Arapaho computed in the same way as applies gen- ful Cheyenne and Arapaho winter en- erally with respect to Federal law enforce- people, dear to Coloradans, and dear to campment at Sand Creek, he vigor- ment officers, and for other purposes. Americans everywhere. ously tried to persuade Chivington to H.R. 1756. An act to amend chapter 53 of Today, S. 1695, the Sand Creek Mas- abandon the plan. However, Colonel title 31, United States Code, to require the sacre National Historic Site Study Act Chivington, who was known to say development and implementation by the of 1998, a bill I was proud to introduce, ‘‘Nits make Lice’’ as a justification for Secretary of the Treasury of a national was signed into law at a special White killing innocent Cheyenne and Arapaho money laundering and related financial House ceremony. Under this new law, women and children, could not be dis- crimes strategy to combat money laundering our nation takes a major step toward and related financial crimes, and for other suaded. purposes. honoring the memory of the many in- When Chivington ordered his men to H.R. 1833. An act to amend the Indian Self- nocent Cheyenne and Arapahoe people attack the peaceful Sand Creek en- Determination and Education Assistance Act massacred there by instructing the Na- campment, the vast majority of which to provide for further self-governance by In- tional Park Service to locate the site were women, children, and elderly non- dian tribes, and for other purposes. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11581 H.R. 2370. An act to amend the Organic Act Health Benefits Program, and for other sented to the President of the United of Guam to clarify local executive and legis- purposes. States, the following enrolled bill: lative provisions in such Act, and for other The message also announced that S. 414. An act to amend the Shipping Act of purposes. 1984 to encourage competition in inter- H.R. 2742. An act to provide for the transfer pursuant to clause 6(f) of rule X, the national shipping and growth of United of public lands to certain California Indian Chair removes Mr. CASTLE and Mr. States exports, and for other purposes. Tribes. SOUDER, as conferees on the bill (S. H.R. 2943. An act to amend title 5, United 2073) to authorize appropriations for f States Code, to increase the amount of leave the National Center for missing and REPORTS OF COMMITTEES time available to a Federal employee in any Exploited Children, and appoints Mr. The following reports of committees year in connection with serving as an organ RIGGS and Mr. GREENWOOD, to fill the were submitted: donor, and for other purposes. vacancies thereon. H.R. 3864. An act to designate the post of- By Mr. THOMPSON, from the Committee fice located at 203 West Paige Street, in ENROLLED BILLS SIGNED on Governmental Affairs, with an amend- Tompkinsville, Kentucky, as the ‘‘Tim Lee At 12:08 p.m., a message from the ment in the nature of a substitute: Carter Post Office Building.’’ House of Representatives, delivered by S. 1404: A bill to establish a Federal Com- H.R. 4000. An act to designate the United Mr. Hanrahan one of its reading clerks, mission on Statistical Policy to study the States Postal Service building located at 400 announced that the Speaker has signed reorganization of the Federal statistical sys- Edgmont Avenue, Chester, Pennsylvania, as the following enrolled bills. tem, to provide uniform safeguards for the the ‘‘Thomas M. Foglietta Post Office Build- confidentiality of information acquired for ing.’’ S. 414. An act to amend the Shipping Act of exclusively statistical purposes, and to im- H.R. 4001. An act to designate the United 1984 to encourage competition in inter- prove the efficiency of Federal statistical States Postal Service building located at national shipping and growth of United programs and the quality of Federal statis- 2601 North 16th Street, Philadelphia, Penn- States exports, and for other purposes. tics by permitting limited sharing of records sylvania, as the ‘‘Roxanne H. Jones Post Of- H.R. 3007. An act to establish the Commis- among designated agencies for statistical fice Building.’’ sion on the Advancement of Women and Mi- purposes under strong safeguards (Rept. No. H.R. 4005. An act to amend titles 18 and 31, norities in Sciences, Engineering, and Tech- 105–367). United States Code, to improve methods for nology Development Act. By Mr. MURKOWSKI, from the Committee preventing money laundering and other fi- H.R, 4068. An act to make certain correc- on Energy and Natural Resources: Report to nancial crimes, and for other purposes. tions in laws relating to Native Americans, accompany the bill (S. 2117) to authorize the H.R. 4148. An act to amend the Export and for other purposes. construction of the Perkins County Rural Apple and Pear Act to limit the applicability The enrolled bills were signed subse- Water System and authorize financial assist- of the act to apples. quently by the President pro tempore ance to the Perkins County Rural Water H.R. 4280. An act to provide for greater ac- (Mr. THURMOND). System, Inc., a nonprofit corporation, in the cess to child care services for Federal Em- planning and construction of the water sup- ployees. f ply system, and for other purposes (Rept. No. H.R. 4647. An act to amend the Agricul- 105–368). tural Trade Act of 1978 to require the Presi- MESSAGES FROM THE HOUSE By Mr. MURKOWSKI, from the Committee dent to report to Congress on any selective RECEIVED DURING RECESS on Energy and Natural Resources: Report to embargo on agricultural commodities, to Under the authority of the order of accompany the bill (S. 744) to authorize the provide a termination date for the embargo, construction of the Fall River Water Users to provide greater assurances for contract the Senate of January 7, 1997, the Sec- retary of the Senate, on October 6, 1998, District Rural Water System and authorize sanctity, and for other purposes. financial assistance to the Fall River Water H.R. 4655. An act to establish a program to during the recess of the Senate, re- Users District, a non-profit corporation, in support a transition to democracy in Iraq. ceived a message from the House of the planning and construction of the water The message also announced that the Representatives announcing that supply system, and for other purposes (Rept. House has passed the following bill, House agrees to the report of the com- No. 105–369). without amendment. mittee of conference on the disagreeing By Mr. MURKOWSKI, from the Committee on Energy and Natural Resources: Report to S. 314. An act to provide a process for iden- votes of the two Houses on the amend- accompany the bill (S. 736) to convey certain tifying the functions of the Federal Govern- ment of the Senate to the bill (H.R. real property within the Carlsbad Project in ment that are not inherently governmental 4194) making appropriations for the De- New Mexico to the Carlsbad Irrigation Dis- functions, and for other purposes. partments of Veterans Affairs and trict (Rept. No. 105–370). The message further announced that Housing and Urban Development, and By Mr. HATCH, from the Committee on the House agrees to the amendments of for sundry independent agencies, the Judiciary: Report to accompany the bill the Senate bill (H.R. 930) to require boards, commissions, corporations, and (S. 2151) to clarify Federal law to prohibit Federal employees to use Federal trav- offices for the fiscal year ending Sep- the dispensing or distribution of a controlled el charge cards for all payments of ex- tember 30, 1999, and for other purposes. substance for the purpose of causing, or as- penses of official Government travel, sisting in causing, the suicide, euthanasia, or f mercy killing of any individual (Rept. No. to amend title 31, United States Code, 105–371). to establish requirements for prepay- MESSAGES FROM THE HOUSE By Mr. MCCAIN, from the Committee on ment audits of Federal agency trans- ENROLLED BILLS SIGNED Commerce, Science, and Transportation, portation expenses, to authorize reim- At 5:57 p.m., a message from the with an amendment in the nature of a sub- bursement of Federal agency employ- stitute: House of Representatives, delivered by S. 2238: A bill to reform unfair and anti- ees for taxes incurred on travel or Mr. Hays, one of its reading clerks, an- transportation reimbursements, and to competitive practices in the professional nounced that the Speaker has signed boxing industry (Rept. No. 105–371). authorize test programs for the pay- the following enrolled bills: By Mr. MURKOWSKI, from the Committee ment of Federal employee travel ex- H.R. 4101. An act making appropriations on Energy and Natural Resources, with an penses and relocation expenses. for Agriculture, Rural Development, Food amendment in the nature of a substitute and The message also announced that the and Drug Administrations, and Related an amendment to the title: House agrees to the amendment of the Agencies programs of the fiscal year ending S. 2402: A bill to direct the Secretary of Senate to the bill (H.R. 1702) to encour- September 30, 1999, and for other purposes. Agriculture to convey certain lands in San age the development of a commercial H.R. 4103. An act making appropriations Juan County, New Mexico, to San Juan Col- for the Department of Defense for the fiscal lege. space industry in the United States, By Mr. MURKOWSKI, from the Committee and for other purposes, with an amend- year ending September 30, 1999, and for other purposes. on Energy and Natural Resources, with ment, in which it requests the concur- amendments and an amendment to the title: rence of the Senate. The enrolled bills were signed subse- S. 2413: A bill to provide for the develop- The message further announced that quently by the President pro tempore ment of a management plan for the Wood- the House agrees to the amendments of (Mr. THURMOND). land Lake Park tract in Apache-Sitgreaves National Forest in the State of Arizona re- the Senate to the bill (H.R. 1836) to f flecting the current use of the tract as a pub- amend chapter 89 of title 5, United ENROLLED BILL PRESENTED lic park. States Code, to improve administration By Mr. MURKOWSKI, from the Committee of sanctions against unfit health care The Secretary of the Senate reported on Energy and Natural Resources, without providers under the Federal Employees that on October 6, 1998, he had pre- amendment: S11582 CONGRESSIONAL RECORD — SENATE October 6, 1998 S. 2458: A bill to amend the Act entitled Extended Unemployment Compensation Act the current preferential leaseholders ‘‘An Act to provide for the creation of the of 1970 to improve the method by which Fed- shall have an option to purchase the Morristown National Historical Park in the eral unemployment taxes are collected and parcels from the Commission; to the State of New Jersey, and for other purposes’’ to improve the method by which funds are Committee on Energy and Natural Re- to authorize the acquisition of property provided from Federal unemployment tax known as the ‘‘Warren Property.’’ revenue for employment security adminis- sources. S. 2513: A bill to transfer administrative tration, and for other purposes; to the Com- THE BLUNT RESERVOIR LAND TRANSFER ACT jurisdiction over certain Federal land lo- mittee on Finance. Mr. DASCHLE. Mr. President, today, cated within or adjacent to Rogue River Na- By Mr. SPECTER (for himself and Mr. I am introducing legislation to restore tional Forest and to clarify the authority of SANTORUM): to the original owners and operators, the Bureau of Land Management to sell and S. 2557. A bill to authorize construction the Blunt Reservoir lands in Sully exchange other Federal land in Oregon. and operation of the Valley Forge Museum of County, South Dakota. The time has f the American Revolution at Valley Forge come for Congress finally to return National Historical Park, and for other pur- EXECUTIVE REPORTS OF poses; to the Committee on Environment and these lands to those who owned them COMMITTEE Public Works. and worked them before they were ac- By Mrs. MURRAY (for herself and Mr. quired for the Oahe project. It is clear The following executive reports of WELLSTONE): the lands will never be used for their committees were submitted: S. 2558. A bill to provide economic security intended purpose and it makes no sense By Mr. MURKOWSKI, from the Committee for battered women, and for other purposes; for the Bureau of Reclamation to con- on Energy and Natural Resources: to the Committee on the Judiciary. tinue to manage them with the expec- David Michaels, of New York, to be an As- By Mr. REED: tation that someday this project ever sistant Secretary of Energy (Environment, S. 2559. A bill to provide for certain inspec- will be constructed. Safety and Health). tions with respect to small farms; to the The history of this project has been Rose Eilene Gottemoeller, of Virginia, to Committee on Labor and Human Resources. be an Assistant Secretary of Energy (Non- By Mr. BREAUX (for himself and Mr. one of contention and debate within Proliferation and National Security). COCHRAN): South Dakota and the federal govern- By Mr. SPECTER, from the Committee on S. 2560. A bill to authorize electronic ment. One of the promises made to Veterans’ Affairs: issuance and recognition of migratory bird South Dakota when the Pick-Sloan Eligah Dane Clark, of Alabama, to be hunting and conservation stamps; to the dams were authorized was that we Chairman of the Board of Veterans’ Appeals Committee on Environment and Public would be compensated for hosting the for a term of six years. Works. dams with the development of abun- Edward A. Powell, Jr., of Virginia, to be an By Mr. NICKLES (for himself and Mr. dant irrigation. The centerpiece of that Assistant Secretary of Veterans Affairs BRYAN): (Management). S. 2561. A bill to amend the Fair Credit Re- promise was the Oahe Irrigation Leigh A. Bradley, of Virginia, to be Gen- porting Act with respect to furnishing and project, which was to have expanded eral Counsel, Department of Veterans’ Af- using consumer reports for employment pur- the agricultural potential of central fairs. poses; considered and passed. South Dakota. In anticipation of con- (The above nominations were re- By Mr. DODD (for himself, Mr. structing the Oahe Irrigation project, ported with the recommendation that DASCHLE, and Mr. WELLSTONE): the Bureau of Reclamation acquired S. 2562. A bill to amend title XVIII of the they be confirmed, subject to the nomi- about 25,000 acres of land in Sully Social Security Act to extend for 6 months County to be used as a reservoir to nees’ commitment to respond to re- the contracts of certain managed care orga- quests to appear and testify before any nizations under the medicare program; to store water for the irrigation project duly constituted committee of the Sen- the Committee on Finance. and for a canal from Pierre to carry the water. Despite taking this initial ate.) f f step, the project became very con- SUBMISSION OF CONCURRENT AND troversial and, as a result, has never INTRODUCTION OF BILLS AND SENATE RESOLUTIONS been built. Consequently, instead of JOINT RESOLUTIONS constructing the Blunt Reservoir fea- The following concurrent resolutions ture of the project, the Bureau of Rec- The following bills and joint resolu- and Senate resolutions were read, and lamation has leased these lands to the tions were introduced, read the first referred (or acted upon), as indicated: and second time by unanimous con- original owners and operators on a By Mr. MCCONNELL: preferential basis and to others on a sent, and referred as indicated: S. Res. 288. A resolution authorizing the By Mr. GRAMS: printing of the Report of the Task Force on non-preferential basis, while waiting to S. 2552. A bill to reform Social Security by Economic Sanctions; to the Committee on see if Congress and the Administration creating personalized retirement accounts, Rules and Administration. would ever provide the funding nec- and for other purposes; to the Committee on By Mr. LAUTENBERG (for himself, essary to build the project. Finance. Mr. HATCH, Mr. GRAHAM, Mr. GRASS- What has become clear during that By Mr. BYRD: LEY, Mr. HELMS, Mrs. BOXER, Mr. time is that the Blunt Reservoir fea- S. 2553. A bill to amend the Safe and Drug- BINGAMAN, and Mr. MACK): ture of the Oahe project never will be Free Schools and Communities Act of 1994 to S. Con. Res. 124. A concurrent resolution completed. It is senseless to continue provide for the establishment of school vio- expressing the sense of Congress regarding to ask the Bureau of Reclamation to lence prevention hotlines; to the Committee the denial of benefits under the Generalized on Labor and Human Resources. System of Preferences to developing coun- manage these lands. We should recog- By Mr. DEWINE: tries that violate the intellectual property nize this fact and take the steps nec- S. 2554. A bill to amend Public Law 90–419 rights of United States persons, particularly essary to return the lands to the coun- to repeal a limitation on the consent of Con- those that have not implemented their obli- ty tax rolls by restoring them to their gress to the Great Lakes Basin Compact; to gations under the Agreement on Trade-Re- former owners and operators. the Committee on the Judiciary. lated Aspects of Intellectual Property; to the Those who have sacrificed their lands By Mr. DASCHLE: Committee on Finance. to this ill-fated project should no S. 2555. A bill to deauthorize the Blunt Res- f longer be forced to live with the uncer- ervoir feature of the Oahe Irrigation Project, South Dakota, and direct the Secretary of tainty of wondering if they will be for- STATEMENTS ON INTRODUCED ever renting the lands they once the Interior to convey certain parcels of land BILLS AND JOINT RESOLUTIONS acquired for the reservoir to the Commission owned. One farmer whose family owned of Schools and Public Lands of the State of By Mr. DASCHLE: Blunt Reservoir land for four genera- South Dakota, on the condition that the cur- S. 2555. A bill to deauthorize the tions recently visited me in Washing- rent preferential leaseholders shall have an Blunt Reservoir feature of the Oahe Ir- ton and told me that under their cur- option to purchase the parcels from the Com- rigation Project, South Dakota, and di- rent circumstances there is little in- mission; to the Committee on Energy and rect the Secretary of the Interior to centive to invest in improving the Natural Resources. By Mr. DEWINE: convey certain parcels of land acquired land. Without the security of owner- S. 2556. A bill to amend the Internal Reve- for the reservoir to the Commission of ship, farmers feel more like hired nue Code of 1986, the Social Security Act, the Schools and Public Lands of the State hands than permanent stewards. At Wagner-Peyser Act, and the Federal-State of South Dakota, on the condition that times like these, when the very act of October 6, 1998 CONGRESSIONAL RECORD — SENATE S11583 farming is a precarious pursuit, we (2) COMMISSION.—The term ‘‘Commission’’ vey to the South Dakota Department of should pursue every means of providing means the Commission of Schools and Public Game, Fish, and Parks the Blunt Reservoir stability to our producers. Lands of the State of South Dakota. parcels that are leased on a nonpreferential That is why today I am introducing (3) PREFERENTIAL LEASEHOLDER.—The term basis. These lands shall be used by the South ‘‘preferential leaseholder’’ means a lease- Dakota Department of Game, Fish, and legislation to deauthorize the Blunt holder of a parcel of land who is— Parks for the purpose of mitigating the wild- Reservoir feature of the Oahe Irriga- (A) the person from whom the Secretary life habitat that was lost as a result of the tion Project in South Dakota, and to purchased the parcel for use in connection development of the Pick-Sloan project. transfer to the South Dakota School with the Blunt Reservoir feature; and Public Lands Commission the pref- (B) the original operator of the parcel at By Mr. DEWINE: erentially-leased lands. The Commis- the time of acquisition; or S. 2556. A bill to amend the Internal sion, in turn, will be required to offer (C) a descendant of a person described in Revenue Code of 1986, the Social Secu- the lands for sale to the original land- subparagraph (A) or (B). rity Act, the Wagner-Peyser Act, and (4) PREFERENTIAL LEASE PARCEL.—The term the Federal-State Extended Unemploy- owners or operators, or their heirs. The ‘‘preferential lease parcel’’ means a parcel of legislation also will transfer to the ment Compensation Act of 1970 to im- land that— prove the method by which Federal un- South Dakota Game, Fish and Parks (A) was purchased by the Secretary for use Department the lands associated with in connection with the Blunt Reservoir fea- employment taxes are collected and to this project that are currently leased ture; and improve the method by which funds are on a non-preferential basis. The De- (B) is under lease to a preferential lease- provided from Federal unemployment partment will use the lands to help holder as of the date of enactment of this tax revenue for employment security mitigate the wildlife habitat that was Act. administration, and for other purposes; inundated by the Pick-Sloan project. (5) SECRETARY.—The term ‘‘Secretary’’ to the Committee on Finance. means the Secretary of the Interior, acting Under my legislation, the pref- EMPLOYMENT SECURITY FINANCING ACT OF 1998 through the Commissioner of Reclamation. Mr. DEWINE. Mr. President, today I erential lessees will be able to purchase (b) DEAUTHORIZATION.—The Blunt Res- ∑ the Blunt Reservoir lands they cur- ervoir feature is deauthorized. introduce the Employment Security rently are leasing for cash, at a 10% (c) CONVEYANCE.—The Secretary shall con- Financing Act of 1998, a bill which discount from the assessed value, or for vey all of the preferential lease parcels to seeks to reform the unemployment in- a contract-for-deed at the full assessed the Commission, without consideration, on surance program by giving states value. The land also could be purchased the condition that the Commission honor the greater control over the management purchase option provided to preferential of their unemployment insurance sys- with a contract-for-deed if the pur- leaseholders under subsection (d). chaser makes a down payment of 20% (d) PURCHASE OPTION.— tem. of the value of the land, and pays the (1) IN GENERAL.—A preferential leaseholder Specifically, under this legislation, balance over 30 years at 3% interest per shall have an option to purchase from the beginning January 1, 2000, states would year. Existing preferential lessees Commission the preferential lease parcel begin to collect Federal unemployment would have 10 years from the date of that is the subject of the lease. taxes, or ‘‘FUTA taxes,’’ in addition to enactment to decide to purchase the (2) TERMS.—A preferential leaseholder may the state unemployment taxes that elect to purchase a parcel on 1 of the follow- they currently collect. The legislation lands, during which time they could ing terms: continue to lease the lands from the also repeals the ‘‘temporary’’ 0.2 per- (A) Cash purchase for the amount that is cent FUTA surtax in 2004, restructures School and Public Lands Commission equal to— at the current lease rates. Money (i) the value of the parcel determined the accounts in the Unemployment gained from the sale of these lands by under paragraph (4); minus Trust Fund and reduces paperwork for the School and Public Lands Commis- (ii) 10 percent of that value. employers. Most importantly, this leg- sion will support education in South (B) Installment purchase, with 20 percent islation will return to the states the Dakota, which has been adversely af- of the value of the parcel determined under funding necessary to effectively oper- paragraph (4) to be paid on the date of pur- ate their employment security systems fected by the replacement of property chase and the remainder to be paid over 30 tax revenue with the perennially inad- and services. years at 3 percent annual interest. Reform of the unemployment insur- equate federal payments-in-lieu-of- (3) OPTION EXERCISE PERIOD.— ance program is essential to a state taxes for these lands and for the Pick- (A) IN GENERAL.—A preferential lease- like Ohio which receives less than 39 Sloan project lands. It is my hope that holder shall have until the date that is 10 cents of each employer FUTA dollar. in the near future, similar legislation years after the date of the conveyance under This shortfall in funding has led to the can be developed for the lessees using subsection (c) to exercise the option under closing of 22 local employment service the Pierre Canal lands that addresses paragraph (1). (B) CONTINUATION OF LEASES.—Until the offices during the past four years. In their objectives to purchase the land date specified in subparagraph (A), a pref- order to make up for the shortfall of and the objectives of those who hope to erential leaseholder shall be entitled to con- FUTA dollars, the Ohio legislature has maintain the option of someday devel- tinue to lease from the Commission, under appropriated more than $50 million oping an irrigation project for the area. the same terms and conditions as under the during the last four years to pay for Thank you, Mr. President, for the op- lease as in effect as of the date of convey- employment services, something that portunity to present this legislation to ance, the parcel leased by the preferential should be funded by FUTA dollars. This the Senate. I urge my colleagues to leaseholder. appropriation of state tax dollars join me in supporting its enactment. I (4) VALUATION.— forces Ohio taxpayers to pay twice to ask unanimous consent that the full (A) IN GENERAL.—The value of a pref- erential lease parcel shall be determined to fund unemployment services. text of the bill appear in the RECORD. be, at the election of the preferential lease- Ohio is not alone—since 1990, less There being no objection, the bill was holder— than 59 cents of every employer FUTA ordered to be printed in the RECORD, as (i) the amount that is equal to 110 percent tax dollar has been returned to the follows: of the amount that is equal to— states for funding employment secu- S. 2555 (I) the number of acres of the preferential rity. As a result, $2 billion sits in Fed- Be it enacted by the Senate and House of Rep- lease parcel; multiplied by (II) the amount of the per-acre assessment eral accounts rather than being used as resentatives of the United States of America in it was intended—to help put people Congress assembled, of adjacent parcels made by the Director of back to work. SECTION 1. DEAUTHORIZATION OF THE BLUNT Equalization of the county in which the pref- RESERVOIR FEATURE OF THE OAHE erential lease parcel is situated; or This is an important issue that Con- IRRIGATION PROJECT, SOUTH DA- (ii) the amount of a valuation of the pref- gress needs to consider. While this leg- KOTA; CONVEYANCE. erential lease parcel for agricultural use islation obviously will not be consid- (a) DEFINITIONS.—In this section: made by an independent appraiser. ered before adjournment, I look for- (1) BLUNT RESERVOIR FEATURE.—The term (B) COST OF APPRAISAL.—If a preferential ward to working with Representative ‘‘Blunt Reservoir feature’’ means the Blunt leaseholder elects to use the method of valu- Reservoir feature of the Oahe Irrigation CLAY SHAW, the House sponsor of this ation described in subparagraph (A)(ii), the bill, on legislation that can meet the Project authorized by section 9 of the Act of cost of the valuation shall be paid by the December 22, 1944 (58 Stat. 891, chapter 665), preferential leaseholder. budget rules, yet still achieve nec- as part of the Pick-Sloan Missouri River (e) CONVEYANCE OF NONPREFERENTIALLY essary reform of the unemployment in- Basin Program. LEASED PARCELS.—The Secretary shall con- surance program.∑ S11584 CONGRESSIONAL RECORD — SENATE October 6, 1998 By Mr. SPECTER (for himself therefore urge my colleagues to sup- also discourages women from coming and Mr. SANTORUM): port this bill.∑ forward and reporting this violence and S. 2557. A bill to authorize construc- abuse for fear that their insurance tion and operation of the Valley Forge By Mrs. MURRAY (for herself and company will use it against them. Museum of the American Revolution at Mr. WELLSTONE): Don’t let anyone tell you this does Valley Forge National Historical Park, S. 2558. A bill to provide economic se- not happen. I can give many examples and for other purposes; to the Commit- curity for battered women, and for of insurance discrimination faced by tee on Environment and Public Works. other purposes; to the Committee on victims of domestic violence. Just ask VALLEY FORGE MUSEUM OF THE AMERICAN the Judiciary. Kaddas Bolduc from Washington, REVOLUTION ACT OF 1998 BATTERED WOMEN’S ECONOMIC SECURITY ACT whose estranged husband burned down ∑ Mr. SPECTER. Mr. President, today ∑ Mrs. MURRAY. Mr. President, today, her home. Her insurance company re- I introduce the Valley Forge Museum Senator WELLSTONE and I are introduc- fused to honor her homeowner’s policy of the American Revolution Act of 1998, ing the Battered Women’s Economic as they decided this was not arson, but which authorizes the Secretary of Inte- Security Act. This legislation was de- a violent response to the break up of a rior to enter into an agreement with veloped in order to address the numer- relationship. Her husband had been re- the private, non-profit Valley Forge ous economic obstacles facing victims leased from jail shortly before the fire. Historical Society to construct and op- of domestic and family violence as She was told that she had no claim and erate this museum and visitor center they try to escape this violence. no way to rebuild her home. I would within the boundaries of Valley Forge I know that Senator WELLSTONE joins have to say that this is a serious eco- National Historical Park. me in applauding Senator BIDEN’s ef- nomic barrier that must come down. I have worked closely with Congress- forts in crafting legislation to reau- I have met with many domestic vio- lence advocates in Washington and man WELDON on this legislation, and thorize the Violence Against Women have listen to their concerns about the Valley Forge Museum of the Amer- Act programs. Senator BIDEN developed finding long term security for victims. ican Revolution Act included in the a bipartisan bill to build on the success I have heard horror stories about the Omnibus National Parks and Public of VAWA and expand those programs lack of affordable housing or the in- lands Act currently being considered in aimed at the immediate needs of vic- ability of victims to secure safe hous- the House of Representatives. tims of domestic violence. ing. Many landlords refuse to rent to a This museum will combine the hold- The legislation we are introducing victim for fear that the violence will ings of the Valley Forge National His- today takes the next step. As a result follow her. Many women do not have a torical Park and the Valley Forge His- of VAWA and the increased federal lease or mortgage in their name. They commitment to addressing the domes- torical Society, making it the largest have no real credit history and cer- tic violence crisis, we now have an in- collection of Revolutionary War era ar- tainly cannot prove that they were re- tifacts in the world. The Valley Forge frastructure in place that helps the liable tenants. As a result they have a Historical Society, established in 1918, community respond to this violence. difficult time finding housing. Shelters has a long history of service to the VAWA has been a success in helping are simply temporary solutions and in park, and has amassed one of the best local law enforcement, and the courts, many communities the need far out- collections of artifacts, art, books, and prosecute those who batter and abuse weighs the availability of emergency documents relating to the 1777–1778 en- women. VAWA provides a strong law shelter space. campment of George Washington’s enforcement component as well as We need to expand Section 8 opportu- Continental Army at Valley Forge, the services to provide immediate and nities for victims of domestic violence American Revolution, and the Amer- emergency assistance to victims. But, in order to ensure that they can find ican colonial era. Their collection is the road to recovery is much longer long term housing. A safe, affordable currently housed in a facility that is and much harder because of economic home is often a goal that many bat- inadequate to properly maintain, pre- barriers. tered women are unable to achieve. serve, and display the Society’s ever- As I learned last year in my efforts Many women end up back in violent growing collection. Construction of a to maintain a safety net for victims of homes or relationships as they have no new facility will rectify this situation. family violence, often times it is basic where else to go. In order to end do- This project is supported by local of- economics that trap women and chil- mestic and family violence we must ficials, and a new facility is part of dren in violent homes and relation- provide greater housing assistance and Valley Forge National Historical ships. Economic barriers threaten the opportunities to those who have suf- Park’s General Management Plan, success of VAWA and work to maintain fered this violence. which has identified inadequacies in the threat of violence. Currently, there are many barriers to the park’s current visitor center and We all know the cost of domestic and work for victims of domestic violence. calls for the development of a new or family violence. But, there is a much Safe, affordable child care would be the significantly renovated museum and greater cost to the community that is greatest barrier and I believe the bonus visitor center. The museum will edu- often overlooked. How many police of- provisions included in this bill will pro- cate an estimated 500,000 visitors a ficers have been caught in the cross vide the incentives to the states to ad- year about the critical events sur- fire when responding to domestic and dress this problem. We need to expand rounding the birth of our nation. Cur- family violence calls? How many inno- child care options and benefits for vic- rently, there is no museum in the cent children grow up in a violent tims of domestic violence, but we can- United States dedicated to the Amer- home and bring this violence into the not do it at the expense of other low in- ican Revolution, and I believe it is im- classroom or future relationships? We come women an families struggling to portant that Congress provide the au- have made a commitment to ending do- stay off of welfare. I believe we need to thorization to bring this worthwhile mestic violence, however, in order to work with the states in addressing the project to fruition. succeed we must tear down the eco- unique needs of victims of domestic vi- This legislation authorizes the Val- nomic barriers. olence. ley Forge Historical Society to operate We have insurance policies that dis- Unfortunately, the violence can fol- the museum in cooperation with the criminate against victims of domestic low women into the work place which Secretary of Interior. This project will violence. Some insurance companies jeopardizes their health and safety as directly support the historical, edu- think that victims of domestic vio- well as their job. Many women are un- cational, and interpretive activities lence are engaging in high risk behav- able to take leave to seek relief in the and needs of Valley Forge National ior similar to a race car driver or sky courts. They do not have the luxury of Historical Park and the Valley Forge diver. Life, homeowners, auto and taking time off to file for a restraining Historical Society while combining health insurance are essential ele- order or to testify against their abuser. two outstanding museum collections. ments of economic security. Eliminat- They cannot take sick leave to seek Mr. President, this legislation holds ing this protection for victims of do- medical attention or treatment. Many enormous potential for visitors, schol- mestic violence threatens their ability employers simply do not offer or pro- ars, and researchers to the park. I to achieve economic independence. It vide the flexibility that these women October 6, 1998 CONGRESSIONAL RECORD — SENATE S11585 need. Included in this legislation we women. We need to address these eco- ‘‘(C) STAMP.—The term ‘stamp’ means a are introducing today is the Employ- nomic needs and problems. I believe migratory bird hunting and conservation ment Protection for Battered Women our legislation meets this test and will stamp required by the first section. introduced by Senator WELLSTONE. I eliminate many of the economic bar- ‘‘(2) AUTHORIZATION.—The Department of believe these provisions will help bat- riers that trap women and children in the Interior, the Postal Service, or, subject to paragraph (7), a State or person author- tered women maintain their jobs with- violent homes and relationships. ized under subsection (a) to sell stamps, may out jeopardizing their safety. I urge my colleagues to join us in issue representations of stamps electroni- But when the threat of violence be- support of this important legislation.∑ cally by endorsement affixed to licenses comes so great as to jeopardize the issued at points of sale or through other woman and her coworkers she must be By Mr. BREAUX (for himself and electronic media. able to leave the job immediately. Un- Mr. COCHRAN): ‘‘(3) SIZE OF ELECTRONIC STAMPS.—An elec- fortunately, many states refuse to S. 2560. A bill to authorize electronic tronic stamp shall be of an area that is less allow these women the ability to col- issuance and recognition of migratory than 3⁄4, or more than 11⁄2, of the area of an lect unemployment compensation as bird hunting and conservation stamps; actual stamp. they rule that she left on her own ac- to the Committee on Environment and ‘‘(4) CONFIRMATION NUMBER AND OTHER IDEN- cord. However, many women are forced Public Works. TIFYING INFORMATION.— ‘‘(A) CONFIRMATION NUMBER.—An electronic to leave a job and should not be penal- ELECTRONIC DUCK STAMP ACT stamp shall be assigned a unique confirma- ized because they are being harassed Mr. BREAUX. Mr. President, I am ∑ tion number. pleased to join with the distinguished and have been subjected to abuse in the ‘‘(B) OTHER IDENTIFYING INFORMATION.— past. Our legislation includes provi- senior Senator from the State of Mis- Each issuer of an electronic stamp and sions that would allow a victim of do- sissippi and my colleague on the Mi- unique confirmation number shall print on mestic violence to collect unemploy- gratory Bird Conservation Commis- the electronic stamp appropriate informa- ment compensation when they are sion, Senator COCHRAN, in introducing tion that is sufficient to permit Federal, forced to leave their job due to the the Electronic Duck Stamp Act. I be- State, and other law enforcement officers to thereat of continued violence. lieve it is legislation all of our col- verify the electronic stamp, confirmation I have also heard first hand from ad- leagues should support. number, and sales transaction with the li- vocates who have been working with The Electronic Duck Stamp Act censee. women in an effort to change their So- would authorize electronic issuance of ‘‘(5) DELIVERY OF ACTUAL STAMPS.—An en- tity that issues electronic stamps shall have cial Security number in order to flee a the federal migratory bird hunting and financial responsibility for the sale, delivery, violent abuser. It is impossible to se- conservation stamp. A number of and mailing of the corresponding actual cure employment without giving out states are setting up electronic licens- stamp to the licensee within 14 calendar days one’s Social Security number. It is im- ing systems so their hunters can pur- after the date of issuance of the electronic possible to rent an apartment or even chase all their state hunting licenses stamp. establish credit without a Social Secu- at one time and in one location. This ‘‘(6) RECOGNITION OF ELECTRONIC STAMPS.— rity number. Yet giving out this num- bill will help coordinate federal and ‘‘(A) IN GENERAL.—An electronic stamp and ber can make it easier for an abusive state licensing systems and provide its unique confirmation number shall— husband or boyfriend to track a woman sportsmen and sportswomen the con- ‘‘(i) subject to the requirements of the first down. The ability to change their So- venience of getting all their hunting li- section, be given full recognition during the cial Security number becomes the dif- censes, federal and state, in one loca- period beginning on the date of issuance of the electronic stamp until the date on which ference between economic dependency tion. I believe this added convenience the corresponding actual stamp is received; and economic independence. Yet it is will increase ‘‘duck stamp’’ sales. This, and easier to change one’s number based on in turn, will increase the total funds ‘‘(ii) expire and be replaced by the actual superstition than it is because one is deposited into the Migratory Bird Con- stamp upon receipt of the actual stamp, but trying to flee a violent relationship. servation Fund for the purchase of not later than 14 calendar days after the date The Office of Victims Advocacy at suitable habitat for migratory birds. of issuance of the electronic stamp, if the li- the Washington State AG’s office told These funds are essential to the long- censee complies with the requirements of the me that it can take as long as six term survival of our migratory bird first section. months to change a Social Security populations. ‘‘(7) PLAN.— number and that is in a case where Mr. President, I urge my colleagues ‘‘(A) SUBMISSION TO SECRETARY OF THE IN- TERIOR.—A State or person may participate there was a clear need to change the to join us in supporting this worth- in the issuance of an electronic stamp under victim’s identity. But, in most cases it while legislation, and I ask unanimous this subsection only if the Secretary of the takes more than 12 months and for consent that the full text of this legis- Interior has approved a plan submitted by some it may never happen. The Social lation be printed in the RECORD. the State or person that provides for— Security Administration must work to There being no objection, the bill was ‘‘(i) a satisfactory accounting process for correct this threat. Included in our leg- ordered to be printed in the RECORD, as the collection and transfer of revenue; islation is a requirement that the So- follows: ‘‘(ii) distribution and law enforcement ver- cial Security Administration expedite S. 2560 ification of the electronic transaction; and ‘‘(iii) the subsequent distribution of the ac- requests from victims of domestic vio- Be it enacted by the Senate and House of Rep- tual stamp. lence for a change in their Social Secu- resentatives of the United States of America in rity number in order to achieve eco- Congress assembled, ‘‘(B) ACTION BY THE SECRETARY.—Not later than 60 days after the date of submission of nomic independency faster and safer. SECTION 1. SHORT TITLE. a plan under subparagraph (A), the Secretary The legislation is the result of This Act may be cited as the ‘‘Electronic of the Interior shall— Duck Stamp Act of 1998’’. months of drafting and working with ‘‘(i) review the request of the State or per- domestic violence advocactes to ad- SEC. 2. ELECTRONIC ISSUANCE OF MIGRATORY son and all accompanying documentation dress the many economic barriers fac- BIRD HUNTING AND CONSERVATION STAMPS. and other information available to the Sec- ing victims. In working to strengthen Section 2 of the Act of March 16, 1934 (16 retary; and the Family Violence Option in welfare U.S.C. 718b), is amended by adding at the end ‘‘(ii) make a determination to approve or reform, I became painfully aware of the the following: disapprove the plan. barriers that punitive welfare reform ‘‘(c) ELECTRONIC ISSUANCE OF STAMPS.— ‘‘(8) ELECTRONIC COLLECTION OF ELECTRONIC provisions had created. But I realized ‘‘(1) DEFINITIONS.—In this subsection: STAMP SALES REVENUE.—Not later than 14 that this was only one of many bar- ‘‘(A) ACTUAL STAMP.—The term ‘actual days after the date of issuance of an elec- riers. stamp’ means a printed paper stamp that is tronic stamp under this subsection, a State VAWA took the first step in dedicat- issued and sold through a means in use on or person shall transfer to the Department of the Interior or a designated agent the reve- ing federal resources to addressing the the day before the date of enactment of this subsection. nue collected from the issuance by means of domestic violence crisis, but its whole ‘‘(B) ELECTRONIC STAMP.—The term ‘elec- an electronic fund transfer method approved focus is law enforcement and emer- tronic stamp’ means a representation of a by, and compatible with, the accounting sys- gency response. We need to go to the stamp issued electronically under paragraph tem of the Department of the Interior or the next level to truly end violence against (2). designated agent.’’.∑ S11586 CONGRESSIONAL RECORD — SENATE October 6, 1998

ADDITIONAL COSPONSORS S. 2217 from Connecticut (Mr. LIEBERMAN) S. 1137 At the request of Mr. FRIST, the were added as cosponsors of Amend- name of the Senator from Kansas (Mr. ment No. 3722 intended to be proposed At the request of Mr. DURBIN, the to S. 442, a bill to establish a national name of the Senator from California ROBERTS) was added as a cosponsor of S. 2217, a bill to provide for continu- policy against State and local govern- (Mrs. BOXER) was added as a cosponsor ment interference with interstate com- of S. 1137, a bill to amend section 258 of ation of the Federal research invest- merce on the Internet or interactive the Communications Act of 1934 to es- ment in a fiscally sustainable way, and computer services, and to exercise Con- tablish additional protections against for other purposes. gressional jurisdiction over interstate the unauthorized change of subscribers S. 2364 commerce by establishing a morato- from one telecommunications carrier At the request of Mr. CHAFEE, the rium on the imposition of exactions to another. name of the Senator from Hawaii (Mr. that would interfere with the free flow AKAKA) was added as a cosponsor of S. S. 1326 of commerce via the Internet, and for At the request of Mr. DASCHLE, the 2364, a bill to reauthorize and make re- forms to programs authorized by the other purposes. name of the Senator from North Da- f kota (Mr. DORGAN) was added as a co- Public Works and Economic Develop- sponsor of S. 1326, a bill to amend title ment Act of 1965. SENATE CONCURRENT RESOLU- XIX of the Social Security Act to pro- S. 2520 TION 124—EXPRESSING THE vide for medicaid coverage of all cer- At the request of Mr. MOYNIHAN, the SENSE OF CONGRESS ON INTEL- tified nurse practitioners and clinical name of the Senator from Illinois (Ms. LECTUAL PROPERTY PROTEC- nurse specialists services. MOSELEY-BRAUN) was added as a co- TION S. 1720 sponsor of S. 2520, a bill to exclude Mr. LAUTENBERG (for himself, Mr. At the request of Mr. ROBB, his name from Federal taxation any portion of HATCH, Mr. GRAHAM, Mr. GRASSLEY, was added as a cosponsor of S. 1720, a any reward paid to David R. Kaczynski Mr. HELMS, Mrs. BOXER, Mr. BINGAMAN, bill to amend title 17, United States and Linda E. Patrik which is donated and Mr. MACK) submitted the following Code, to reform the copyright law with to the victims in the Unabomber case concurrent resolution; which was re- respect to satellite retransmissions of or their families or which is used to ferred to the Committee on Finance: broadcast signals, and for other pur- pay Mr. Kaczynski’s and Ms. Patrik’s S. CON. RES. 124 poses. attorneys’ fees. Whereas intellectual property-dependent S. 1881 SENATE CONCURRENT RESOLUTION 83 industries include businesses that depend on protection of trademarks, trade secrets, At the request of Mr. LIEBERMAN, the At the request of Mr. WARNER, the name of the Senator from Tennessee trade names, copyrights, and patents; name of the Senator from Connecticut Whereas intellectual property-dependent (Mr. FRIST) was added as a cosponsor of (Mr. DODD) was added as a cosponsor of industries have become primary drivers of S. 1881, a bill to amend title 49, United Senate Concurrent Resolution 83, a the United States economy, contributing States Code, relating to the installa- concurrent resolution remembering the over $500,000,000,000 to the United States tion of emergency locator transmitters life of George Washington and his con- economy in 1997; on aircraft. tributions to the Nation. Whereas the foreign sales and exports of United States intellectual property-depend- S. 2013 SENATE CONCURRENT RESOLUTION 108 ent goods totaled at least $100,000,000,000 in At the request of Mr. DORGAN, the At the request of Mrs. FEINSTEIN, the 1997, exceeded sales of every other industrial name of the Senator from California names of the Senator from Idaho (Mr. sector, and helped the United States balance (Mrs. BOXER) was added as a cosponsor CRAIG), the Senator from Washington of trade; of S. 2013, a bill to amend title XIX of (Mrs. MURRAY), and the Senator from Whereas international piracy of United the Social Security Act to permit chil- New Hampshire (Mr. SMITH) were added States intellectual property, which the De- dren covered under private health in- as cosponsors of Senate Concurrent partment of Commerce estimates costs surance under a State children’s health Resolution 108, a concurrent resolution United States companies nearly insurance plan to continue to be eligi- recognizing the 50th anniversary of the $50,000,000,000 annually, poses the greatest National Heart, Lung, and Blood Insti- threat to the continued success of United ble for benefits under the vaccine for States intellectual property-dependent in- children program. tute, and for other purposes. dustries; S. 2024 SENATE CONCURRENT RESOLUTION 121 Whereas goods from many developing At the request of Mr. ASHCROFT, the At the request of Mr. SPECTER, the countries receive preferential duty treat- name of the Senator from California names of the Senator from Ohio (Mr. ment under the Generalized System of Pref- erences even though those countries do not (Mrs. FEINSTEIN) was added as a co- GLENN), the Senator from Illinois (Mr. protect intellectual property rights of DURBIN), the Senator from Georgia sponsor of S. 2024, a bill to increase the United States persons; penalties for trafficking in meth- (Mr. COVERDELL), and the Senator from Whereas piracy of United States intellec- amphetamine in order to equalize those Wisconsin (Mr. KOHL) were added as co- tual property is so rampant in some develop- penalties with the penalties for traf- sponsors of Senate Concurrent Resolu- ing countries that receive benefits under the ficking in crack cocaine. tion 121, a concurrent resolution ex- Generalized System of Preferences that it ef- S. 2119 pressing the sense of Congress that the fectively prevents United States intellectual President should take all necessary property-dependent industries from selling At the request of Mr. STEVENS, the products in those countries; name of the Senator from Rhode Island measures to respond to the increase in steel imports resulting from the finan- Whereas the Agreement on Trade-Related (Mr. CHAFEE) was added as a cosponsor Aspects of Intellectual Property Rights re- of S. 2119, a bill to amend the Amateur cial crises in Asia, the independent quires its signatories to provide a minimum Sports Act to strengthen provisions States of the former Soviet Union, of essential protections to the intellectual protecting the right of athletes to com- Russia, and other areas of the world, property of citizens from all signatory na- pete, recognize the Paralympics and and for other purposes. tions; growth of disabled sports, improve the SENATE RESOLUTION 264 Whereas the United States has fully imple- mented its obligations under the Agreement At the request of Mrs. MURRAY, the U.S. Olympic Committee’s ability to on Trade-Related Aspects of Intellectual resolve certain disputes, and for other name of the Senator from Arkansas Property Rights, and in fact in many cases purposes. (Mr. BUMPERS) was added as a cospon- offers stronger protection of intellectual S. 2213 sor of Senate Resolution 264, a resolu- property rights than required in the Agree- At the request of Mr. FRIST, the tion to designate October 8, 1998 as the ment; name of the Senator from Arizona (Mr. Day of Concern About Young People Whereas it appears that at the current rate many developing countries that receive ben- MCCAIN) was added as a cosponsor of S. and Gun Violence. efits under the Generalized System of Pref- AMENDMENT NO. 3722 2213, a bill to allow all States to par- erences may not be in compliance with their ticipate in activities under the Edu- At the request of Mr. MCCAIN the obligations under the Agreement on Trade- cation Flexibility Partnership Dem- names of the Senator from New Hamp- Related Aspects of Intellectual Property onstration Act. shire (Mr. GREGG) and the Senator Rights on January 1, 2000, as required; and October 6, 1998 CONGRESSIONAL RECORD — SENATE S11587 Whereas many of the developing countries obligations is an important first step, and to our international trade. As we an- that receive benefits under the Generalized and a powerful way to send a clear nounced last May before Senator Hatch’s Ju- System of Preferences and that are not on message to these and other nations diciary Committee, the copyright industries track in complying with their obligations that there is a price to pay for continu- accounted for $278.4 billion in value added to under the Agreement on Trade-Related As- the U.S. economy, or approximately 3.65% of pects of Intellectual Property Rights are re- ing to permit rampant piracy of Amer- the Gross Domestic Product (GDP) in 1996 sponsible for substantial trade losses suf- ican-made products. (the last year for which complete data is fered by United States intellectual property- Mr. President, this sense of the Con- available). With respect to employment and dependent industries: Now, therefore, be it gress does send an important message job growth, the core copyright industries Resolved by the Senate (the House of Rep- to these countries that the United grew at more than twice the annual growth resentatives concurring), That it is the sense States is watching, and that legislation rate of the U.S. economy as a whole between of Congress that— to implement the denial of duty-free 1977 and 1996 (5.5% vs. 2.6%). Employment in the core copyright industries grew at nearly (1) the United States should not give spe- treatment is imminent unless they cial trade preferences to goods originating three times the employment growth in the from a country that does not adequately and take the necessary steps to respect and economy as a whole between 1977 and 1996 effectively protect United States intellectual protect the intellectual capital of (4.6% vs. 1.6%). More than 6.5 million work- property rights, particularly a developing Americans. ers were employed by the total copyright in- country that has not met its obligations At this point, Mr. President, I ask dustries in 1996, about 5.15% of the total U.S. under the Agreement on Trade-Related As- unanimous consent that letters in sup- work force. In 1996, the core copyright indus- pects of Intellectual Property Rights by Jan- port of this resolution be inserted into tries achieved foreign sales and exports of $60.18 billion, a 13% gain over the $53.25 bil- uary 1, 2000; the RECORD. (2) Congress should monitor the progress of There being no objection, the letters lion generated in 1995, for the first time lead- ing all major industry sectors including agri- developing countries in meeting their obliga- were ordered to be printed in the tions under the Agreement on Trade-Related culture, automobiles and auto parts and the RECORD, as follows: Aspects of Intellectual Property Rights by aircraft industry. In the future, the copy- INTERNATIONAL INTELLECTUAL January 1, 2000; and right industries will assume ever greater im- PROPERTY ALLIANCE, (3) Congress should consider legislation portance to revenue growth, job creation and Washington, DC, October 1, 1998. that would deny the benefits of the General- international trade. Your resolution is right Hon. ORRIN HATCH, ized System of Preferences to developing on target to ensure that these industries U.S. Senate, Russell Senate Office Building, countries that are not in compliance with continue to remain healthy and vibrant. Washington, DC. their obligations under the Agreement on Thank you for your attention to these im- Hon. FRANK LAUTENBERG, Trade-Related Aspects of Intellectual Prop- portant matters. Again, the nearly 1,400 U.S. Senate, Hart Senate Office Building, erty Rights beginning on January 1, 2000. companies represented by IIPA members Washington, DC. strongly support this resolution. ∑ Mr. LAUTENBERG. Mr. President, DEAR SENATORS HATCH AND LAUTENBERG: Sincerely, today I submit a resolution expressing On behalf of the International Intellectual ERIC H. SMITH, the sense of the Congress that the Property Alliance and its members (listed President. United States should not extend pref- below), we convey our strong support for erential duty-free treatment on prod- your ‘‘Sense of the Congress’’ resolution de- INTELLECTUAL PROPERTY COMMITTEE, signed to warn developing countries around Washington, DC, October 1, 1998. ucts to countries who do not comply the world that they cannot expect pref- with their treaty obligations regarding Hon. FRANK R. LAUTENBERG erential trade benefits under the Generalized U.S. Senate, Hart Senate Office Building, the protection of intellectual property. System of Preferences (GSP) program while, Washington, DC. The United States leads the world in at the same time, condoning the theft of U.S. DEAR SENATOR LAUTENBERG: The Intellec- the production of intellectual property. intellectual property (in our case, movies, tual Property Committee (IPC), whose mem- Intellectual property-based industries, business and entertainment software, music bers represent the broad spectrum of private including those that rely on patents, and sound recording, and books and jour- sector intellectual property interests, copyrights, trademarks, trade secrets, nals—products protected by copyright laws). strongly endorses the concurrent resolution Your resolution rightly sets, as the mini- and trade names, contribute over $500 on worldwide intellectual property protec- mum standard of IP protection, the TRIPS tion that you are about to introduce. billion annually to the U.S. economy. agreement negotiated during the Uruguay The concurrent resolution demonstrates a However, the current global reach of Round and set to go into effect for most de- clear understanding that strong worldwide information is making it much easier veloping countries on January 1, 2000. It protection of U.S. intellectual property is for pirates to gain access to intellec- warns these countries that they must bring critical to the continued competitiveness of tual property. It is vitally important their statutory laws and, most importantly, U.S. industry and to our nation’s ability to that we take adequate steps to discour- their enforcement systems into compliance create good jobs here in the United States. age, and ultimately prevent, other na- with those standards if they expect to re- The intellectual property (TRIPS) agree- ceive these trade benefits. While the current ment, which developing country members of tions from allowing the rampant piracy GSP provisions give the President discretion the World Trade Organization (WTO) will be of the work of Americans. to deny such benefits where U.S. intellectual required to implement on January 1, 2000, Members of the World Trade Organi- property is inadequately protected, we wel- provides international standards of protec- zation signed an agreement on Trade- come the message you are sending—that the tion and enforcement across a broad range of Related aspects of Intellectual Prop- Congress will consider tougher legislation intellectual property elements. erty Rights, or TRIPS, in 1995. That which would increase the risk of these bene- The concurrent resolution expresses the agreement establishes minimum stand- fits being denied if these countries do not sense of Congress that the United States ards of intellectual property protection bring their IPR regimes into compliance should not give special trade preferences, with their international obligations. under the U.S. Generalized System of Pref- and requires the signatory developing Piracy levels in developing countries often erences (GSP), to goods originating from nations to be compliant with their hover at or above 90% of the marketplace. countries that will have failed to meet their TRIPS obligations by January 1, 2000. Rates at these levels simply deny our copy- obligations on January 1, 2000 under the Regardless of this, piracy continues in right-based industries the ability to enter TRIPS Agreement. It also expresses the GSP beneficiary nations and around and survive in many of these markets effec- sense of Congress that Congress should con- the world, costing the U.S. intellectual tively. In total, IIPA estimates that the sider legislation that would deny GSP bene- property-dependent industries approxi- copyright industries lose over $20 billion to fits to developing countries that will not be piracy worldwide, with a significant portion mately $50 billion a year. in compliance with their TRIPS obligations of this loss coming from developing coun- beginning on January 1, 2000. The United States has recognized the tries. IIPA and the Administration have been Through such linkage, your concurrent importance of protecting American in- working diligently to lower these piracy lev- resolution and the legislation that it envis- tellectual property and encouraging els and global losses and to a great extent we ages will provide the United States with the the growth of its related industries. have achieved success in obtaining improved leverage necessary to ensure that GSP-bene- The Administration has actively legislation, the first step in this process. ficiary countries will live up to their WTO pressed other nations to engage in ade- Now we face the challenge of improving en- obligations. (These countries have had a five quate protections, particularly through forcement systems and we welcome your res- year transition period to comply with their olution in the fight to meet this next objec- WTO intellectual property obligations; the the use of the Special 301 ‘‘watch’’ list. tive. transition period will expire as of January 1, However, this is not enough. We need We also applaud the resolution’s acknowl- 2000.) In the absence of this type of leverage, to do more to remove the incentives for edgment of the importance of the intellec- the United States will face real difficulty in piracy. Linking GSP benefits to TRIPS tual property industries to the U.S. economy achieving the critical goal of improved S11588 CONGRESSIONAL RECORD — SENATE October 6, 1998 worldwide intellectual property protection ing nations a powerful incentive to get seri- TITLE I—READING AND LITERACY in a timely manner. In addition, your con- ous about TRIPs Agreement implementa- GRANTS current resolution will underscore the im- tion. Furthermore, your resolution will sup- plement and support the efforts of the SEC. 101. AMENDMENT TO ESEA FOR READING portance of adequate and effective intellec- AND LITERACY GRANTS. tual property protection in stimulating eco- United States Government, particularly the nomic growth in GSP-beneficiary countries, Office of the United States Trade Represent- (a) IN GENERAL.—Title II of the Elemen- which will lead to expanded export opportu- ative (USTR), and United States intellectual tary and Secondary Education Act of 1965 (20 nities for U.S. goods and services. property owners to convince developing na- U.S.C. 6601 et seq.) is amended— The IPC commends your continued efforts tions to provide at least the minimum of IPR (1) by redesignating parts C and D as parts on behalf of strong intellectual property pro- protection required under the TRIPs Agree- D and E, respectively; and tection and economic growth in the United ment. (2) by inserting after part B the following: States. Therefore, I again express the full support ‘‘PART C—READING AND LITERACY Sincerely, of the IDSA for your resolution, and offer GRANTS CHARLES S. LEVY, any assistance we may provide in seeing this Counsel. resolution to passage. ‘‘SEC. 2251. PURPOSES. JACQUES J. GORLIN, Sincerely, ‘‘The purposes of this part are as follows: Director. DOUG LOWENSTEIN, ‘‘(1) To provide children with the readiness President. skills they need to learn to read once they INTERACTIVE DIGITAL enter school. SOFTWARE ASSOCIATION, PHARMACEUTICAL RESEARCH AND ‘‘(2) To teach every child to read in the Washington, DC, October 1, 1998. MANUFACTURERS OF AMERICA, child’s early childhood years— Hon. ORRIN HATCH, Washington, DC, October 6, 1998. ‘‘(A) as soon as the child is ready to read; U.S. Senate, Russell Office Building, Washing- Hon. FRANK LAUTENBERG, or ton, DC. U.S. Senate, Washington, DC. ‘‘(B) as soon as possible once the child en- Hon. FRANK LAUTENBERG, DEAR SENATOR LAUTENBERG: I am writing ters school, but not later than 3d grade. U.S. Senate, Hart Senate Office Building, to express PhRMA’s support for the Concur- ‘‘(3) To improve the reading skills of stu- Washington, DC. rent Resolution regarding GSP and intellec- dents, and the instructional practices for DEAR SENATORS HATCH AND LAUTENBERG: I tual property you are introducing today. The current teachers (and, as appropriate, other write to thank you for your leadership on denial of intellectual property rights protec- instructional staff) who teach reading, the issue of protecting intellectual property, tion abroad is one of the American research- through the use of findings from scientif- and in particular to express the support of based pharmaceutical industry’s most seri- ically based reading research, including find- ous challenges. Billions of dollars are lost the Interactive Digital Software Association ings relating to phonemic awareness, sys- annually to patent pirates in such countries (IDSA), which represents the United States tematic phonics, fluency, and reading com- entertainment software publishers, for your as Argentina, India, Egypt, and many others. By withholding GSP privileges from coun- prehension. decision to introduce a ‘‘Sense of the Con- tries that refuse to respect the intellectual ‘‘(4) To expand the number of high-quality gress’’ resolution on this issue. The IDSA be- property rights of American biomedical in- family literacy programs. lieve this resolution will provide developing ventors, your Resolution sends an important ‘‘(5) To provide early literacy intervention nations an incentive to meet pre-existing ob- signal to the world trading community. to children who are experiencing reading dif- ligations to offer adequate and effective pro- American foreign trade policy is based on ficulties in order to reduce the number of tection to intellectual property rights (IPR), the fundamental principle of reciprocity, and children who are incorrectly identified as a and in particular to take all necessary steps denial of intellectual property rights is, in child with a disability and inappropriately to implement the Agreement on Trade-Re- fact, a de facto denial of market access since referred to special education. lated Aspects of Intellectual Property Rights the innovator cannot enjoy the limited pe- ‘‘SEC. 2252. DEFINITIONS. (TRIPs Agreement.) Because the United riod of marketing exclusivity granted by a ‘‘For purposes of this part: States leads the world in intellectual prop- patent. Since many pirating countries on the ‘‘(1) ELIGIBLE PROFESSIONAL DEVELOPMENT erty production and experiences a tremen- one hand deny market access to American PROVIDER.—The term ‘eligible professional dous positive balance of trade in this area, companies, but on the other hand enjoy not development provider’ means a provider of better global protection for IPR will directly only market access but GSP treatment on professional development in reading instruc- benefit the United States economy. trade with the United States, your Resolu- tion to teachers that is based on scientif- Piracy of intellectual property is a severe tion is quite appropriate and necessary. problem for U.S. industries. In 1997, the U.S. PhRMA is pleased to offer its support for ically based reading research. entertainment software industry, which had the Concurrent Resolution expressing the ‘‘(2) FAMILY LITERACY SERVICES.—The term revenues of $5.6 billion in the United States, sense of the Senate that GSP benefits should ‘family literacy services’ means services pro- experienced global piracy losses of approxi- be withheld from developing countries that vided to participants on a voluntary basis mately $3.2 billion (not including online pi- violate American intellectual property that are of sufficient intensity in terms of racy losses.) Perhaps more troubling, $894 rights. hours, and of sufficient duration, to make million of those losses occurred in develop- Respectfully, sustainable changes in a family, and that in- ing nations that receive special trade pref- BARRY H. CALDWELL, tegrate all of the following activities: erence from the U.S. under the Generalized Vice President.∑ ‘‘(A) Interactive literacy activities be- Systems of Preferences (GSP) program. As a f tween parents and their children. result, the U.S. provides special trade pref- ‘‘(B) Training for parents regarding how to erences to the goods of nations whose inad- AMENDMENTS SUBMITTED be the primary teacher for their children and equate protection for IPR effectively bars full partners in the education of their chil- many U.S. companies from doing business dren. therein. READING EXCELLENCE ACT ‘‘(C) Parent literacy training that leads to Piracy losses in GSP beneficiary nations economic self-sufficiency. continue to mount though many of these na- ‘‘(D) An age-appropriate education to pre- tions have signed the TRIPs Agreement and JEFFORDS AMENDMENT NO. 3740 pare children for success in school and life are required to meet its obligations by Janu- Mr. JEFFORDS proposed an amend- experiences. ‘‘(3) INSTRUCTIONAL STAFF.—The term ‘in- ary 1, 2000. In fact, many of these nations ment to the bill (H.R. 2614) to improve have yet to begin the long process of passing structional staff’— legislation to implement the TRIPs Agree- the reading and literacy skills of chil- ‘‘(A) means individuals who have respon- ment, much less to demonstrate a willing- dren and families by improving in-serv- sibility for teaching children to read; and ness to enforce such laws once enacted. Due ice instructional practices for teachers ‘‘(B) includes principals, teachers, super- to this lack of progress, it appears that the who teach reading, to stimulate the de- visors of instruction, librarians, library vast majority of developing nations will not velopment of more high-quality family school media specialists, teachers of aca- be in full compliance with the TRIPs Agree- literacy programs, to support extended demic subjects other than reading, and other ment as required on January 1, 2000. learning-time opportunities for chil- individuals who have responsibility for as- Your resolution will, in a variety of ways, dren, to ensure that children can read sisting children to learn to read. help to address the problem of inadequate ‘‘(4) READING.—The term ‘reading’ means a protection for IPR rights by developing na- well and independently not later than complex system of deriving meaning from tions. Your resolution will send a powerful third grade, and for other purposes; as print that requires all of the following: message that the United States Congress follows: ‘‘(A) The skills and knowledge to under- places a high priority on global IPR protec- Strike all after the enacting clause and in- stand how phonemes, or speech sounds, are tion. By expressing a congressional willing- sert the following: connected to print. ness to deny GSP benefits to nations that do SECTION 1. SHORT TITLE. ‘‘(B) The ability to decode unfamiliar not meet their TRIPs Agreement obliga- This Act may be cited as the ‘‘Reading Ex- words. tions, your resolution will provide develop- cellence Act’’. ‘‘(C) The ability to read fluently. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11589 ‘‘(D) Sufficient background information ‘‘(iii) The extent to which the activities ‘‘(F) A description of the evaluation instru- and vocabulary to foster reading comprehen- will prepare teachers in all the major compo- ment the State educational agency will use sion. nents of reading instruction (including pho- for purposes of the assessments and evalua- ‘‘(E) The development of appropriate ac- nemic awareness, systematic phonics, flu- tions under subparagraph (E)(iv). tive strategies to construct meaning from ency, and reading comprehension). ‘‘(c) APPROVAL OF APPLICATIONS.— print. ‘‘(iv) How the State educational agency ‘‘(1) IN GENERAL.—The Secretary shall ap- ‘‘(F) The development and maintenance of will use technology to enhance reading and prove an application of a State educational a motivation to read. literacy professional development activities agency under this section only— ‘‘(5) SCIENTIFICALLY BASED READING RE- for teachers, as appropriate. ‘‘(A) if such application meets the require- SEARCH.—The term ‘scientifically based read- ‘‘(v) How parents can participate in lit- ment of this section; and ing research’— eracy-related activities assisted under this ‘‘(B) after taking into account the extent ‘‘(A) means the application of rigorous, part to enhance their children’s reading. to which the application furthers the pur- systematic, and objective procedures to ob- ‘‘(vi) How subgrants made by the State poses of this part and the overall quality of tain valid knowledge relevant to reading de- educational agency under sections 2255 and the application. velopment, reading instruction, and reading 2256 will meet the requirements of this part, ‘‘(2) PEER REVIEW.— difficulties; and including how the State educational agency ‘‘(A) IN GENERAL.—The Secretary, in con- ‘‘(B) shall include research that— will ensure that subgrantees will use prac- sultation with the National Institute for Lit- ‘‘(i) employs systematic, empirical meth- tices based on scientifically based reading eracy, shall convene a panel to evaluate ap- ods that draw on observation or experiment; research. plications under this section. At a minimum, ‘‘(ii) involves rigorous data analyses that ‘‘(vii) How the State educational agency the panel shall include— are adequate to test the stated hypotheses will, to the extent practicable, make grants ‘‘(i) representatives of the National Insti- and justify the general conclusions drawn; to subgrantees in both rural and urban areas. tute for Literacy, the National Research ‘‘(iii) relies on measurements or observa- ‘‘(viii) The process that the State used to Council of the National Academy of tional methods that provide valid data establish the reading and literacy partner- Sciences, and the National Institute of Child across evaluators and observers and across ship described in subsection (d). Health and Human Development; multiple measurements and observations; ‘‘(ii) 3 individuals selected by the Sec- and ‘‘(C) An assurance that each local edu- retary; ‘‘(iv) has been accepted by a peer-reviewed cational agency to which the State edu- ‘‘(iii) 3 individuals selected by the National journal or approved by a panel of independ- cational agency makes a subgrant— Institute for Literacy; ent experts through a comparably rigorous, ‘‘(i) will provide professional development ‘‘(iv) 3 individuals selected by the National objective, and scientific review. for the classroom teacher and other appro- priate instructional staff on the teaching of Research Council of the National Academy ‘‘SEC. 2253. READING AND LITERACY GRANTS TO of Sciences; and STATE EDUCATIONAL AGENCIES. reading based on scientifically based reading ‘‘(v) 3 individuals selected by the National ‘‘(a) PROGRAM AUTHORIZED.— research; Institute of Child Health and Human Devel- ‘‘(1) IN GENERAL.—Subject to the provisions ‘‘(ii) will provide family literacy services of this part, the Secretary shall award based on programs such as the Even Start opment. grants to State educational agencies to family literacy model authorized under part ‘‘(B) EXPERTS.—The panel shall include ex- carry out the reading and literacy activities B of title I, to enable parents to be their perts who are competent, by virtue of their authorized under this section and sections child’s first and most important teacher; training, expertise, or experience, to evalu- 2254 through 2256. ‘‘(iii) will carry out programs to assist ate applications under this section, and ex- ‘‘(2) LIMITATIONS.— those kindergarten students who are not perts who provide professional development ‘‘(A) SINGLE GRANT PER STATE.—A State ready for the transition to first grade, par- to teachers of reading to children and adults, educational agency may not receive more ticularly students experiencing difficulty and experts who provide professional devel- than one grant under paragraph (1). with reading skills; and opment to other instructional staff, based on ‘‘(B) 3-YEAR TERM.—A State educational ‘‘(iv) will use supervised individuals (in- scientifically based reading research. agency that receives a grant under para- cluding tutors), who have been appropriately ‘‘(C) PRIORITY.—The panel shall rec- graph (1) may expend the funds provided trained using scientifically based reading re- ommend grant applications from State edu- under the grant only during the 3-year pe- search, to provide additional support, before cational agencies under this section to the riod beginning on the date on which the school, after school, on weekends, during Secretary for funding or for disapproval. In grant is made. noninstructional periods of the school day, making such recommendations, the panel ‘‘(b) APPLICATION.— or during the summer, for children preparing shall give priority to applications from State ‘‘(1) IN GENERAL.—A State educational to enter kindergarten and students in kin- educational agencies whose States have agency that desires to receive a grant under dergarten through grade 3 who are experienc- modified, are modifying, or provide an assur- this part shall submit an application to the ing difficulty reading. ance that not later than 18 months after re- Secretary at such time and in such form as ‘‘(D) An assurance that instruction in read- ceiving a grant under this section the State the Secretary may require. The application ing will be provided to children with reading educational agencies will increase the train- shall contain the information described in difficulties who— ing and the methods of teaching reading re- paragraph (2). ‘‘(i) are at risk of being referred to special quired for certification as an elementary ‘‘(2) CONTENTS.—An application under this education based on these difficulties; or school teacher to reflect scientifically based subsection shall contain the following: ‘‘(ii) have been evaluated under section 614 reading research, except that nothing in this ‘‘(A) An assurance that the Governor of the of the Individuals with Disabilities Edu- Act shall be construed to establish a na- State, in consultation with the State edu- cation Act but, in accordance with section tional system of teacher certification. cational agency, has established a reading 614(b)(5) of such Act, have not been identified ‘‘(D) MINIMUM GRANT AMOUNTS.— and literacy partnership described in sub- as being a child with a disability (as defined ‘‘(i) STATES.—Each State educational agen- section (d), and a description of how such in section 602 of the such Act). cy selected to receive a grant under this sec- partnership— ‘‘(E) A description of how the State edu- tion shall receive an amount for the grant ‘‘(i) assisted in the development of the cational agency— period that is not less than $500,000. State plan; ‘‘(i) will build on, and promote coordina- ‘‘(ii) OUTLYING AREAS.—The Virgin Islands, ‘‘(ii) will be involved in advising on the se- tion among, literacy programs in the State Guam, American Samoa, and the Common- lection of subgrantees under sections 2255 (including federally funded programs such as wealth of the Northern Mariana Islands se- and 2256; and the Adult Education and Family Literacy lected to receive a grant under this section ‘‘(iii) will assist in the oversight and eval- Act and the Individuals with Disabilities shall receive an amount for the grant period uation of such subgrantees. Education Act), in order to increase the ef- that is not less than $100,000. ‘‘(B) A description of the following: fectiveness of the programs in improving ‘‘(E) LIMITATION.—The Republic of the Mar- ‘‘(i) How the State educational agency will reading for adults and children and to avoid shall Islands, the Federated States of Micro- ensure that professional development activi- duplication of the efforts of the programs; nesia, and the Republic of Palau shall not be ties related to reading instruction and pro- ‘‘(ii) will promote reading and library pro- eligible to receive a grant under this part. vided under this part are— grams that provide access to engaging read- ‘‘(d) READING AND LITERACY PARTNER- ‘‘(I) coordinated with other State and local ing material; SHIPS.— level funds and used effectively to improve ‘‘(iii) will make local educational agencies ‘‘(1) REQUIRED PARTICIPANTS.—In order for instructional practices for reading; and described in sections 2255(a)(1) and 2256(a)(1) a State educational agency to receive a ‘‘(II) based on scientifically based reading aware of the availability of subgrants under grant under this section, the Governor of the research. sections 2255 and 2256; and State, in consultation with the State edu- ‘‘(ii) How the activities assisted under this ‘‘(iv) will assess and evaluate, on a regular cational agency, shall establish a reading part will address the needs of teachers and basis, local educational agency activities as- and literacy partnership consisting of at other instructional staff, and will effectively sisted under this part, with respect to wheth- least the following participants: teach students to read, in schools receiving er they have been effective in achieving the ‘‘(A) The Governor of the State. assistance under section 2255 and 2256. purposes of this part. ‘‘(B) The chief State school officer. S11590 CONGRESSIONAL RECORD — SENATE October 6, 1998 ‘‘(C) The chairman and the ranking mem- 2253 shall make subgrants, on a competitive ‘‘(3) shall describe how the applicant will ber of each committee of the State legisla- basis, to local educational agencies that ei- ensure that funds available under this part, ture that is responsible for education policy. ther— and funds available for reading instruction ‘‘(D) A representative, selected jointly by ‘‘(A) have at least one school that is identi- for kindergarten through grade 6 from other the Governor and the chief State school offi- fied for school improvement under section appropriate sources, are effectively coordi- cer, of at least one local educational agency 1116(c) in the geographic area served by the nated, and, where appropriate, integrated that is eligible to receive a subgrant under agency; with funds under this Act in order to im- section 2255. ‘‘(B) have the largest, or second largest, prove existing activities in the areas of read- ‘‘(E) A representative, selected jointly by number of children who are counted under ing instruction, professional development, the Governor and the chief State school offi- section 1124(c), in comparison to all other program improvement, parental involve- cer, of a community-based organization local educational agencies in the State; or ment, technical assistance, and other activi- working with children to improve their read- ‘‘(C) have the highest, or second highest, ties that can help meet the purposes of this ing skills, particularly a community-based school-age child poverty rate, in comparison part; organization using tutors and scientifically to all other local educational agencies in the ‘‘(4) shall describe, if appropriate, how par- based reading research. State. ents, tutors, and early childhood education ‘‘(F) State directors of appropriate Federal For purposes of subparagraph (C), the term providers will be assisted by, and participate or State programs with a strong reading ‘school-age child poverty rate’ means the in, literacy-related activities receiving fi- component. number of children counted under section nancial assistance under this part to en- ‘‘(G) A parent of a public or private school 1124(c) who are living within the geographic hance children’s reading fluency; student or a parent who educates their child boundaries of the local educational agency, ‘‘(5) shall describe how the local edu- or children in their home, selected jointly by expressed as a percentage of the total num- cational agency— the Governor and the chief State school offi- ber of children aged 5-17 years living within ‘‘(A) provides instruction in reading to cer. the geographic boundaries of the local edu- children with reading difficulties who— ‘‘(H) A teacher who successfully teaches cational agency. ‘‘(i) are at risk of being referred to special reading and an instructional staff member, ‘‘(2) SUBGRANT AMOUNT.—A subgrant under education based on these difficulties; or selected jointly by the Governor and the this section shall consist of an amount suffi- ‘‘(ii) have been evaluated under section 614 chief State school officer. cient to enable the subgrant recipient to op- of the Individuals with Disabilities Edu- ‘‘(I) A family literacy service provider erate a program for a 2-year period and may cation Act but, in accordance with section jointly by the Governor and the Chief State not be revoked or terminated on the grounds 614(b)(5) of such Act, have not been identified School Officer. that a school ceases, during the grant period, as being a child with a disability (as defined ‘‘(2) OPTIONAL PARTICIPANTS.—A reading to meet the requirements of subparagraph in section 602 of the such Act); and and literacy partnership may include addi- (A), (B), or (C) of paragraph (1). ‘‘(B) will promote reading and library pro- ‘‘(b) APPLICATIONS.—A local educational tional participants, who shall be selected grams that provide access to engaging read- agency that desires to receive a subgrant jointly by the Governor and the chief State ing material; and under this section shall submit an applica- school officer, and who may include a rep- ‘‘(6) shall include an assurance that the resentative of— tion to the State educational agency at such local educational agency will make avail- ‘‘(A) an institution of higher education op- time, in such manner, and including such in- able, upon request and in an understandable erating a program of teacher preparation formation as the agency may require. The and uniform format, to any parent of a stu- based on scientifically based reading re- application— dent attending any school selected to receive search in the State; ‘‘(1) shall describe how the local edu- assistance under subsection (d)(1) in the geo- ‘‘(B) a local educational agency; cational agency will work with schools se- graphic area served by the local educational ‘‘(C) a private nonprofit or for-profit eligi- lected by the agency to receive assistance agency, information regarding the profes- ble professional development provider pro- under subsection (d)(1)— sional qualifications of the student’s class- viding instruction based on scientifically ‘‘(A) to select one or more programs of room teacher to provide instruction in read- based reading research; reading instruction, developed using scientif- ‘‘(D) an adult education provider; ically based reading research, to improve ing. ‘‘(E) a volunteer organization that is in- reading instruction by all academic teachers ‘‘(c) SPECIAL RULE.—To the extent feasible, volved in reading programs; or for all children in each of the schools se- a local educational agency that desires to re- ‘‘(F) a school library or a public library lected by the agency under such subsection ceive a grant under this section shall form a that offers reading or literacy programs for and, where appropriate, for their parents; partnership with one or more community- children or families. and based organizations of demonstrated effec- ‘‘(3) PREEXISTING PARTNERSHIP.—If, before ‘‘(B) to enter into an agreement with a per- tiveness in early childhood literacy, and the date of the enactment of the Reading Ex- son or entity responsible for the develop- reading readiness, reading instruction, and cellence Act, a State established a consor- ment of each program selected under sub- reading achievement for both adults and tium, partnership, or any other similar body, paragraph (A), or a person with experience or children, such as a Head Start program, fam- that includes the Governor and the chief expertise about the program and its imple- ily literacy program, public library, or adult State school officer and has, as a central mentation, under which the person or entity education program, to carry out the func- part of its mission, the promotion of literacy agrees to work with the local educational tions described in paragraphs (1) through (6) agency and the schools in connection with for children in their early childhood years of subsection (b). In evaluating subgrant ap- such implementation and improvement ef- through the 3d grade and family literacy plications under this section, a State edu- forts; services, but that does not satisfy the re- cational agency shall consider whether the ‘‘(2) shall include an assurance that the quirements of paragraph (1), the State may applicant has satisfied the requirement in local educational agency— elect to treat that consortium, partnership, the preceding sentence. If not, the applicant ‘‘(A) will carry out professional develop- or body as the reading and literacy partner- must provide information on why it would ship for the State notwithstanding such ment for the classroom teacher and other in- structional staff on the teaching of reading not have been feasible for the applicant to paragraph, and it shall be considered a read- have done so. ing and literacy partnership for purposes of based on scientifically based reading re- the other provisions of this part. search; ‘‘(d) USE OF FUNDS.— ‘‘SEC. 2254. USE OF AMOUNTS BY STATE EDU- ‘‘(B) will provide family literacy services ‘‘(1) IN GENERAL.—Subject to paragraph (2), CATIONAL AGENCIES. based on programs such as the Even Start a local educational agency that receives a ‘‘A State educational agency that receives family literacy model authorized under part subgrant under this section shall use a grant under section 2253— B of title I, to enable parents to be their amounts from the subgrant to carry out ac- ‘‘(1) shall use not more than 5 percent of child’s first and most important teacher; tivities to advance reform of reading instruc- the funds made available under the grant for ‘‘(C) will carry out programs to assist tion in any school that (A) is described in the administrative costs of carrying out this those kindergarten students who are not subsection (a)(1)(A), (B) has the largest, or part (excluding section 2256), of which not ready for the transition to first grade, par- second largest, number of children who are more than 2 percent may be used to carry ticularly students experiencing difficulty counted under section 1124(c), in comparison out section 2259; and with reading skills; and to all other schools in the local educational ‘‘(2) shall use not more than 15 percent of ‘‘(D) will use supervised individuals (in- agency, or (C) has the highest, or second the funds made available under the grant to cluding tutors), who have been appropriately highest, school-age child poverty rate (as de- solicit applications for, award, and oversee trained using scientifically based reading re- fined in the second sentence of subsection the performance of, not less than one search, to provide additional support, before (a)(1)), in comparison to all other schools in subgrant pursuant to section 2256. school, after school, on weekends, during the local educational agency. Such activities ‘‘SEC. 2255. LOCAL READING IMPROVEMENT SUB- noninstructional periods of the school day, shall include the following: GRANTS. or during the summer, for children preparing ‘‘(A) Securing technical and other assist- ‘‘(a) IN GENERAL.— to enter kindergarten and students in kin- ance from— ‘‘(1) SUBGRANTS.—A State educational dergarten through grade 3 who are experienc- ‘‘(i) a program of reading instruction based agency that receives a grant under section ing difficulty reading; on scientifically based reading research; October 6, 1998 CONGRESSIONAL RECORD — SENATE S11591 ‘‘(ii) a person or entity with experience or struction, to pay for such training, to the ex- use funds otherwise reserved under 2254(2) for expertise about such program and its imple- tent consistent with the law under which the purpose of providing local reading im- mentation, who has agreed to work with the such funds were received. provement subgrants under section 2255 if recipient in connection with its implementa- ‘‘SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS. the State educational agency certifies to the tion; or ‘‘(a) IN GENERAL.— Secretary that the requirements of para- ‘‘(iii) a program providing family literacy ‘‘(1) SUBGRANTS.—Except as provided in graph (2) have been met and each local edu- services. paragraph (4), a State educational agency cational agency has demonstrated to the ‘‘(B) Providing professional development that receives a grant under section 2253 shall State educational agency that no providers activities to teachers and other instructional make at least one subgrant on a competitive of tutorial assistance requested a local edu- staff (including training of tutors), using sci- basis to— cational agency within the State to submit entifically based reading research and pur- ‘‘(A) local educational agencies that have an application for a tutorial assistance chasing of curricular and other supporting at least one school in the geographic area subgrant under paragraph (3). materials. served by the agency that— ‘‘(b) USE OF FUNDS.— ‘‘(C) Promoting reading and library pro- ‘‘(i) is located in an area designated as an ‘‘(1) IN GENERAL.—A local educational grams that provide access to engaging read- empowerment zone under part I of sub- agency that receives a subgrant under this ing material. chapter U of chapter 1 of the Internal Reve- section shall carry out, using the funds pro- ‘‘(D) Providing, on a voluntary basis, train- nue Code of 1986; or vided under the subgrant, each of the duties ing to parents of children enrolled in a ‘‘(ii) is located in an area designated as an described in paragraph (2). school selected to receive assistance under enterprise community under part I of sub- ‘‘(2) DUTIES.—The duties described in this subsection (d)(1) on how to help their chil- chapter U of chapter 1 of the Internal Reve- paragraph are the provision of tutorial as- dren with school work, particularly in the nue Code of 1986; sistance in reading, before school, after development of reading skills. Such training ‘‘(B) local educational agencies that have school, on weekends, or during the summer, may be provided directly by the subgrant re- at least one school that is identified for to children who have difficulty reading, cipient, or through a grant or contract with school improvement under section 1116(c) in using instructional practices based on sci- another person. Such training shall be con- entifically based reading research, through sistent with reading reforms taking place in the geographic area served by the agency; the school setting. No parent shall be re- ‘‘(C) local educational agencies with the the following: quired to participate in such training. largest, or second largest, number of chil- ‘‘(A) The creation and implementation of ‘‘(E) Carrying out family literacy services dren who are counted under section 1124(c), objective criteria to determine in a uniform based on programs such as the Even Start in comparison to all other local educational manner the eligibility of tutorial assistance family literacy model authorized under part agencies in the State; or providers and tutorial assistance programs B of title I, to enable parents to be their ‘‘(D) local educational agencies with the desiring to provide tutorial assistance under child’s first and most important teacher. highest, or second highest, school-age child the subgrant. Such criteria shall include the ‘‘(F) Providing instruction for parents of poverty rate, in comparison to all other local following: children enrolled in a school selected to re- educational agencies in the State. ‘‘(i) A record of effectiveness with respect ceive assistance under subsection (d)(1), and For purposes of subparagraph (D), the term to reading readiness, reading instruction for others who volunteer to be reading tutors for ‘school-age child poverty rate’ means the children in kindergarten through 3d grade, such children, in the instructional practices number of children counted under section and early childhood literacy, as appropriate. based on scientifically based reading re- 1124(c) who are living within the geographic ‘‘(ii) Location in a geographic area conven- search used by the applicant. boundaries of the local educational agency, ient to the school or schools attended by the ‘‘(G) Programs to assist those kindergarten expressed as a percentage of the total num- children who will be receiving tutorial as- students enrolled in a school selected to re- ber of children aged 5-17 years living within sistance. ceive assistance under subsection (d)(1) who the geographic boundaries of the local edu- ‘‘(iii) The ability to provide tutoring in are not ready for the transition to first cational agency. reading to children who have difficulty read- grade, particularly students experiencing ‘‘(2) NOTIFICATION.— ing, using instructional practices based on difficulty with reading skills. ‘‘(A) TO LOCAL EDUCATIONAL AGENCIES.—A scientifically based reading research and ‘‘(H) Providing additional support for chil- State educational agency shall provide no- consistent with the reading instructional dren preparing to enter kindergarten and tice to all local educational agencies within methods and content used by the school the students in kindergarten through grade 3 the State regarding the availability of the child attends. who are enrolled in a school selected to re- subgrants under this section. ‘‘(B) The provision, to parents of a child el- ceive assistance under subsection (d)(1), who ‘‘(B) TO PROVIDERS AND PARENTS.—Not igible to receive tutorial assistance pursuant are experiencing difficulty reading, before later than 30 days after the date on which to this section, of multiple choices among school, after school, on weekends, during the State educational agency provides notice tutorial assistance providers and tutorial as- noninstructional periods of the school day, under subparagraph (A), each eligible local sistance programs determined to be eligible or during the summer, using supervised indi- educational agency shall provide public no- under the criteria described in subparagraph viduals (including tutors), who have been ap- tice to potential providers of tutorial assist- (A). Such choices shall include a school- propriately trained using scientifically based ance and parents within the eligible local based program and at least one tutorial as- reading research. educational agency regarding the availabil- sistance program operated by a provider pur- ‘‘(I) Providing instruction in reading to ity of the subgrants under this section. suant to a contract with the local edu- children with reading difficulties who— ‘‘(3) APPLICATION.—A local educational cational agency. ‘‘(i) are at risk of being referred to special agency that desires to receive a subgrant ‘‘(C) The development of procedures— education based on these difficulties; or under this section shall submit an applica- ‘‘(i) for the provision of information to par- ‘‘(ii) have been evaluated under section 614 tion to the State educational agency at such ents of an eligible child regarding such par- of the Individuals with Disabilities Edu- time, in such manner, and including such in- ents’ choices for tutorial assistance for the cation Act but, in accordance with section formation as the agency may require. The child; 614(b)(5) of such Act, have not been identified application shall include an assurance that ‘‘(ii) for considering children for tutorial as being a child with a disability (as defined the local educational agency will use the assistance who are identified under subpara- in section 602 of the such Act). subgrant funds to carry out the duties de- graph (D) and for whom no parent has se- ‘‘(J) Providing coordination of reading, li- scribed in subsection (b) for children enrolled lected a tutorial assistance provider or tuto- brary, and literacy programs within the in any school selected by the agency that (A) rial assistance program that give such par- local educational agency to avoid duplica- is described in paragraph (1)(A), (B) is de- ents additional opportunities to select a tu- tion and increase the effectiveness of read- scribed in paragraph (1)(B), (C) has the larg- torial assistance provider or tutorial assist- ing, library, and literacy activities. est, or second largest, number of children ance program referred to in subparagraph ‘‘(2) LIMITATION ON ADMINISTRATIVE EX- who are counted under section 1124(c), in (B); and PENSES.—A recipient of a subgrant under this comparison to all other schools in the local ‘‘(iii) that permit a local educational agen- section may use not more than 5 percent of educational agency, or (D) has the highest, cy to recommend a tutorial assistance pro- the subgrant funds for administrative costs. or second highest, school-age child poverty vider or tutorial assistance program in a ‘‘(e) TRAINING NONRECIPIENTS.—A recipient rate (as defined in the second sentence of case where a parent asks for assistance in of a subgrant under this section may train, paragraph (1)), in comparison to all other the making of such selection. on a fee-for-service basis, personnel from schools in the local educational agency. ‘‘(D) The development of a selection proc- schools, or local educational agencies, that ‘‘(4) EXCEPTION.—If no local educational ess for providing tutorial assistance in ac- are not a beneficiary of, or receiving, such a agency within the State submits an applica- cordance with this paragraph that limits the subgrant, in the instructional practices tion to receive a subgrant under this section provision of assistance to children identified, based on scientifically based reading re- within the 6-month period beginning on the by the school the child attends, as having search used by the recipient. Such a non- date on which the State educational agency difficulty reading, including difficulty mas- recipient school or agency may use funds re- provided notice to the local educational tering phonemic awareness, systematic ceived under title I of this Act, and other ap- agencies regarding the availability of the phonics, fluency, and reading comprehen- propriate Federal funds used for reading in- subgrants, the State educational agency may sion. S11592 CONGRESSIONAL RECORD — SENATE October 6, 1998 ‘‘(E) The development of procedures for se- ‘‘(v) will ensure that parents of a child re- evaluation under this subsection to the Sec- lecting children to receive tutorial assist- ceiving tutorial assistance pursuant to this retary. The Secretary shall submit a sum- ance, to be used in cases where insufficient section are informed of their child’s progress mary of the findings from the evaluations funds are available to provide assistance in the tutorial program; and under this subsection and the national as- with respect to all children identified by a ‘‘(vi) will ensure that it does not disclose sessment conducted under section 2257 to the school under subparagraph (D), that— the name of any child who may be eligible appropriate committees of the Congress, in- ‘‘(i) give priority to children who are deter- for tutorial assistance pursuant to this sec- cluding the Committee on Education and the mined, through State or local reading assess- tion, the name of any parent of such a child, Workforce of the House of Representatives ments, to be most in need of tutorial assist- or any other personally identifiable informa- and the Committee on Labor and Human Re- ance; and tion about such a parent or child, to any tu- sources of the Senate. ‘‘(ii) give priority, in cases where children torial assistance provider (excluding the ‘‘(b) PERFORMANCE REPORTS.—A State edu- are determined, through State or local read- agency itself), without the prior written con- cational agency that receives a grant under ing assessments, to be equally in need of tu- sent of such parent. section 2253 shall submit performance re- torial assistance, based on a random selec- ‘‘SEC. 2257. NATIONAL EVALUATION. ports to the Secretary pursuant to a sched- tion principle. ‘‘From funds reserved under section ule to be determined by the Secretary, but ‘‘(F) The development of a methodology by 2260(b)(1), the Secretary, through grants or not more frequently than annually. Such re- which payments are made directly to tuto- contracts, shall conduct a national assess- ports shall include— rial assistance providers who are identified ment of the programs under this part. In de- ‘‘(1) with respect to subgrants under sec- and selected pursuant to this section and se- veloping the criteria for the assessment, the tion 2255, the program or programs of read- lected for funding. Such methodology shall Secretary shall receive recommendations ing instruction, based on scientifically based include the making of a contract, consistent from the peer review panel convened under reading research, selected by subgrantees; with State and local law, between the pro- section 2253(c)(2). ‘‘(2) the results of use of the evaluation re- ferred to in section 2253(b)(2)(E)(iv); and vider and the local educational agency. Such ‘‘SEC. 2258. INFORMATION DISSEMINATION. ‘‘(3) a description of the subgrantees re- contract shall satisfy the following require- ‘‘(a) IN GENERAL.—From funds reserved ceiving funds under this part. ments: under section 2260(b)(2), the National Insti- ‘‘(i) It shall contain specific goals and tute for Literacy shall disseminate informa- ‘‘SEC. 2260. AUTHORIZATIONS OF APPROPRIA- TIONS; RESERVATIONS FROM AP- timetables with respect to the performance tion on scientifically based reading research PROPRIATIONS; SUNSET. of the tutorial assistance provider. and information on subgrantee projects ‘‘(a) AUTHORIZATIONS.— ‘‘(ii) It shall require the tutorial assistance under section 2255 or 2256 that have proven ‘‘(1) FY 1999.—If the amount appropriated provider to report to the local educational effective. At a minimum, the institute shall to carry out the Individuals with Disabilities agency on the provider’s performance in disseminate such information to all recipi- Education Act for fiscal year 1999 exceeds by meeting such goals and timetables. ents of Federal financial assistance under ti- at least $500,000,000 the amount appropriated ‘‘(iii) It shall specify the measurement tles I and VII of this Act, the Head Start to carry out such Act for fiscal year 1998, techniques that will be used to evaluate the Act, the Individuals with Disabilities Edu- there are authorized to be appropriated to performance of the provider. cation Act, and the Adult Education and carry out this part and section 1202(c) ‘‘(iv) It shall require the provider to meet Family Literacy Act. $260,000,000 for fiscal year 1999. all applicable Federal, State, and local ‘‘(b) COORDINATION.—In carrying out this ‘‘(2) FY 2000.—If the amount appropriated health, safety, and civil rights laws. section, the National Institute for Literacy— to carry out the Individuals with Disabilities ‘‘(v) It shall ensure that the tutorial assist- ‘‘(1) shall use, to the extent practicable, in- Education Act for fiscal year 2000 exceeds by ance provided under the contract is consist- formation networks developed and main- at least $500,000,000 the amount appropriated ent with reading instruction and content tained through other public and private per- to carry out such Act for fiscal year 1999, used by the local educational agency. sons, including the Secretary, the National there are authorized to be appropriated to ‘‘(vi) It shall contain an agreement by the Center for Family Literacy, and the carry out this part and section 1202(c) provider that information regarding the Readline Program; $260,000,000 for fiscal year 2000. identity of any child eligible for, or enrolled ‘‘(2) shall work in conjunction with any ‘‘(b) RESERVATIONS.—From each of the in the program, will not be publicly disclosed panel convened by the National Institute of amounts appropriated under subsection (a) without the permission of a parent of the Child Health and Human Development and for a fiscal year, the Secretary— child. the Secretary and any panel convened by the ‘‘(1) shall reserve 1.5 percent to carry out ‘‘(vii) It shall include the terms of an Office of Educational Research and Improve- section 2257(a); agreement between the provider and the ment to assess the current status of re- ‘‘(2) shall reserve $5,000,000 to carry out local educational agency with respect to the search-based knowledge on reading develop- section 2258; and provider’s purchase and maintenance of ade- ment, including the effectiveness of various ‘‘(3) shall reserve $10,000,000 to carry out quate general liability insurance. approaches to teaching children to read, section 1202(c). ‘‘(viii) It shall contain provisions with re- with respect to determining the criteria by ‘‘(c) SUNSET.—Notwithstanding section spect to the making of payments to the pro- which the National Institute for Literacy 422(a) of the General Education Provisions vider by the local educational agency. judges scientifically based reading research Act, this part is not subject to extension ‘‘(G) The development of procedures under and the design of strategies to disseminate under such section.’’. which the local educational agency carrying such information; and (b) CONFORMING AMENDMENTS.— out this paragraph— ‘‘(3) may assist any State educational (1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) will ensure oversight of the quality agency selected to receive a grant under sec- Section 2003 of the Elementary and Second- and effectiveness of the tutorial assistance tion 2253, and that requests such assistance— ary Education Act of 1965 (20 U.S.C. 6603) is provided by each tutorial assistance provider ‘‘(A) in determining whether applications amended— that is selected for funding; submitted under section 2253 meet the re- (A) in subsection (a), by striking ‘‘title,’’ ‘‘(ii) will provide for the termination of quirements of this title relating to scientif- and inserting ‘‘title (other than part C),’’; contracts with ineffective and unsuccessful ically based reading research; and and tutorial assistance providers (as determined ‘‘(B) in the development of subgrant appli- (B) in subsection (b)(3), by striking ‘‘part by the local educational agency based upon cation forms. C’’ and inserting ‘‘part D’’. the performance of the provider with respect ‘‘SEC. 2259. STATE EVALUATIONS; PERFORMANCE (2) PRIORITY FOR PROFESSIONAL DEVELOP- to the goals and timetables contained in the REPORTS. MENT IN MATHEMATICS AND SCIENCE.—Section contract between the agency and the pro- ‘‘(a) STATE EVALUATIONS.— 2206 of the Elementary and Secondary Edu- vider under subparagraph (F)); ‘‘(1) IN GENERAL.—Each State educational cation Act of 1965 (20 U.S.C. 6646) is amended ‘‘(iii) will provide to each parent of a child agency that receives a grant under section by inserting ‘‘(other than part C)’’ after ‘‘for identified under subparagraph (D) who re- 2253 shall evaluate the success of the agen- this title’’ each place such term appears. quests such information for the purpose of cy’s subgrantees in meeting the purposes of (3) REPORTING AND ACCOUNTABILITY.—Sec- selecting a tutorial assistance provider for this part. At a minimum, the evaluation tion 2401 of the Elementary and Secondary the child, in a comprehensible format, infor- shall measure the extent to which students Education Act of 1965 (20 U.S.C. 6701) is mation with respect to the quality and effec- who are the intended beneficiaries of the amended by striking ‘‘under this part’’ each tiveness of the tutorial assistance referred to subgrants made by the agency have im- place such term appears and inserting in clause (i); proved their reading skills. ‘‘under this title (other than part C)’’. ‘‘(iv) will ensure that each school identify- ‘‘(2) CONTRACT.—A State educational agen- (4) DEFINITIONS.—Section 2402 of the Ele- ing a child under subparagraph (D) will pro- cy shall carry out the evaluation under this mentary and Secondary Education Act of vide upon request, to a parent of the child, subsection by entering into a contract with 1965 (20 U.S.C. 6701) is amended by striking assistance in selecting, from among the tuto- an entity that conducts scientifically based ‘‘this part—’’ and inserting ‘‘this title (other rial assistance providers who are identified reading research, under which contract the than part C)—’’. pursuant to subparagraph (B) the provider entity will perform the evaluation. (5) GENERAL DEFINITIONS.—Section who is best able to meet the needs of the ‘‘(3) SUBMISSION.—A State educational 14101(10)(C) of the Elementary and Secondary child; agency shall submit the findings from the Education Act of 1965 (20 U.S.C. 8801(10)(C)) is October 6, 1998 CONGRESSIONAL RECORD — SENATE S11593

amended by striking ‘‘part C’’ and inserting ‘‘(B) Training for parents regarding how to ‘‘(4) INSUFFICIENT PROGRESS.—The State ‘‘part D’’. be the primary teacher for their children and educational agency may refuse to award TITLE II—AMENDMENTS TO EVEN START full partners in the education of their chil- subgrant funds if such agency finds that the FAMILY LITERACY PROGRAMS dren. eligible entity has not sufficiently improved SEC. 201. RESERVATION FOR GRANTS. ‘‘(C) Parent literacy training that leads to the performance of the program, as evalu- Section 1202(c) of the Elementary and Sec- economic self-sufficiency. ated based on the indicators of program ondary Education Act of 1965 (20 U.S.C. ‘‘(D) An age-appropriate education to pre- quality developed by the State under section 6362(c)) is amended to read as follows: pare children for success in school and life 1210, after— ‘‘(c) RESERVATION FOR GRANTS.— experiences. ‘‘(A) providing technical assistance to the ‘‘(1) GRANTS AUTHORIZED.—From funds re- SEC. 203. EVALUATION. eligible entity; and served under section 2260(b)(3), the Secretary Section 1209 of the Elementary and Sec- ‘‘(B) affording the eligible entity notice shall award grants, on a competitive basis, ondary Education Act of 1965 (20 U.S.C. 6369) and an opportunity for a hearing.’’. to States to enable such States to plan and is amended— SEC. 205. RESEARCH. implement statewide family literacy initia- (1) in paragraph (1), by striking ‘‘and’’ at The Elementary and Secondary Education tives to coordinate and, where appropriate, the end; Act of 1965, as amended by section 204 of this integrate existing Federal, State, and local (2) in paragraph (2), by striking the period Act, is further amended by inserting after literacy resources consistent with the pur- at the end and inserting ‘‘; and’’; and section 1210 the following: poses of this part. Such coordination and in- (3) by adding at the end the following: ‘‘SEC. 1211. RESEARCH. tegration shall include funds available under ‘‘(3) to provide States and eligible entities ‘‘(a) IN GENERAL.—The Secretary shall the Adult Education and Family Literacy receiving a subgrant under this part, directly carry out, through grant or contract, re- Act, the Head Start Act, this part, part A of or through a grant or contract with an orga- search into the components of successful this title, and part A of title IV of the Social nization with experience in the development family literacy services, to use— Security Act. and operation of successful family literacy ‘‘(1) to improve the quality of existing pro- ‘‘(2) CONSORTIA.— services, technical assistance to ensure local grams assisted under this part or other fam- ‘‘(A) ESTABLISHMENT.—To receive a grant evaluations undertaken under section ily literacy programs carried out under this under this subsection, a State shall establish 1205(10) provide accurate information on the Act or the Adult Education and Family Lit- a consortium of State-level programs under effectiveness of programs assisted under this eracy Act; and the following laws: part.’’. ‘‘(2) to develop models for new programs to ‘‘(i) This title (other than part D). SEC. 204. INDICATORS OF PROGRAM QUALITY. be carried out under this Act or the Adult ‘‘(ii) The Head Start Act. (a) IN GENERAL.—The Elementary and Sec- Education and Family Literacy Act. ‘‘(b) DISSEMINATION.—The National Insti- ‘‘(iii) The Adult Education and Family Lit- ondary Education Act of 1965 is amended— tute for Literacy shall disseminate, pursuant eracy Act. (1) by redesignating section 1210 as section to section 2258, the results of the research ‘‘(iv) All other State-funded preschool pro- 1212; and described in subsection (a) to States and re- grams and programs providing literacy serv- (2) by inserting after section 1209 the fol- cipients of subgrants under this part.’’. ices to adults. lowing: ‘‘(B) PLAN.—To receive a grant under this TITLE III—REPEALS ‘‘SEC. 1210. INDICATORS OF PROGRAM QUALITY. subsection, the consortium established by a SEC. 301. REPEAL OF CERTAIN UNFUNDED EDU- State shall create a plan to use a portion of ‘‘Each State receiving funds under this part shall develop, based on the best avail- CATION PROGRAMS. the State’s resources, derived from the pro- (a) COMMUNITY SCHOOL PARTNERSHIPS.— able research and evaluation data, indicators grams referred to in subparagraph (A), to The Community School Partnership Act of program quality for programs assisted strengthen and expand family literacy serv- (contained in part B of title V of the Improv- under this part. Such indicators shall be ices in such State. ing America’s Schools Act of 1994 (20 U.S.C. used to monitor, evaluate, and improve such ‘‘(C) COORDINATION WITH PART C OF TITLE 1070 note) is repealed. II.—The consortium shall coordinate its ac- programs within the State. Such indicators (b) EDUCATIONAL RESEARCH, DEVELOPMENT, tivities with the activities of the reading and shall include the following: DISSEMINATION, AND IMPROVEMENT ACT OF literacy partnership for the State estab- ‘‘(1) With respect to eligible participants in 1994.—Section 941(j) of the Educational Re- lished under section 2253(d), if the State edu- a program who are adults— search, Development, Dissemination, and cational agency receives a grant under sec- ‘‘(A) achievement in the areas of reading, Improvement Act of 1994 (20 U.S.C. 6041(j)) is tion 2253. writing, English language acquisition, prob- repealed. ‘‘(3) READING INSTRUCTION.—Statewide fam- lem solving, and numeracy; (c) ELEMENTARY AND SECONDARY EDUCATION ily literacy initiatives implemented under ‘‘(B) receipt of a high school diploma or a ACT OF 1965.—The following provisions are this subsection shall base reading instruc- general equivalency diploma; repealed: tion on scientifically based reading research ‘‘(C) entry into a postsecondary school, job (1) INNOVATIVE ELEMENTARY SCHOOL TRANSI- (as such term is defined in section 2252). retraining program, or employment or career TION PROJECTS.—Section 1503 of the Elemen- ‘‘(4) TECHNICAL ASSISTANCE.—The Secretary advancement, including the military; and tary and Secondary Education Act of 1965 (20 shall provide, directly or through a grant or ‘‘(D) such other indicators as the State U.S.C. 6493). contract with an organization with experi- may develop. (2) DE LUGO TERRITORIAL EDUCATION IM- ence in the development and operation of ‘‘(2) With respect to eligible participants in PROVEMENT PROGRAM.—Part H of title X of successful family literacy services, technical a program who are children— the Elementary and Secondary Education assistance to States receiving a grant under ‘‘(A) improvement in ability to read on Act of 1965 (20 U.S.C. 8221 et seq.). this subsection. grade level or reading readiness; (3) EXTENDED TIME FOR LEARNING AND ‘‘(5) MATCHING REQUIREMENT.—The Sec- ‘‘(B) school attendance; LONGER SCHOOL YEAR.—Part L of title X of retary shall not make a grant to a State ‘‘(C) grade retention and promotion; and the Elementary and Secondary Education under this subsection unless the State agrees ‘‘(D) such other indicators as the State Act of 1965 (20 U.S.C. 8351). that, with respect to the costs to be incurred may develop.’’. (4) TERRITORIAL ASSISTANCE.—Part M of by the eligible consortium in carrying out (b) STATE LEVEL ACTIVITIES.—Section title X of the Elementary and Secondary the activities for which the grant was award- 1203(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8371). ed, the State will make available non-Fed- Education Act of 1965 (20 U.S.C. 6363(a)) is (d) FAMILY AND COMMUNITY ENDEAVOR eral contributions in an amount equal to not amended— SCHOOLS.—The Family and Community En- less than the Federal funds provided under (1) in paragraph (1), by striking ‘‘and’’ at deavor Schools Act (42 U.S.C. 13792) is re- the grant.’’. the end; pealed. SEC. 202. DEFINITIONS. (2) in paragraph (2), by striking the period (e) GOALS 2000: EDUCATE AMERICA ACT.— Section 1202(e) of the Elementary and Sec- at the end and inserting ‘‘; and’’; and Subsections (b) and (d)(1) of section 601 of the ondary Education Act of 1965 (20 U.S.C. (3) by adding at the end the following: Goals 2000: Educate America Act (20 U.S.C. 6362(e)) is amended— ‘‘(3) carrying out section 1210.’’. 5951) are repealed. (1) by redesignating paragraphs (3) and (4) (c) AWARD OF SUBGRANTS.—Paragraphs (3) TITLE IV—TECHNICAL AND CONFORMING as paragraphs (4) and (5), respectively; and and (4) of section 1208(b) of the Elementary AMENDMENTS (2) by inserting after paragraph (2) the fol- and Secondary Education Act of 1965 (20 SEC. 401. TECHNICAL AMENDMENTS TO THE lowing: U.S.C. 6368) are amended to read as follows: WORKFORCE INVESTMENT ACT OF ‘‘(3) the term ‘family literacy services’ ‘‘(3) CONTINUING ELIGIBILITY.—In awarding 1998. means services provided to participants on a subgrant funds to continue a program under (1) Section 111(c) of the Workforce Invest- voluntary basis that are of sufficient inten- this part for the second, third, or fourth ment Act of 1998 is amended by striking sity in terms of hours, and of sufficient dura- year, the State educational agency shall ‘‘CHAIRMAN’’ and inserting ‘‘CHAIRPERSON’’. tion, to make sustainable changes in a fam- evaluate the program based on the indicators (2) Section 112(c)(1) of such Act is amended ily, and that integrate all of the following of program quality developed by the State by striking ‘‘; and’’ and inserting ‘‘; or’’. activities: under section 1210. Such evaluation shall (3) Section 116(a)(3)(D)(ii)(I)(aa) of such Act ‘‘(A) Interactive literacy activities be- take place after the conclusion of the start- is amended by striking ‘‘; or’’ and inserting tween parents and their children. up period, if any. ‘‘; and’’. S11594 CONGRESSIONAL RECORD — SENATE October 6, 1998 (4) Section 117 of such Act is amended— (i) by inserting ‘‘planning authorized heading and all that follows through ‘‘(a)(1) (A) in subsection (f)(1)(D), by striking under’’ after ‘‘carry out’’ each place that Except’’ and inserting the following: ‘‘State’’ and inserting ‘‘Governor’’; and such appears; and ‘‘PAYMENTS TO STATES (ii) by striking ‘‘the purposes’’ and insert- (B) in subsection (i)(1)(D)(ii), by striking ‘‘SEC. 111. (a)(1) Except’’. subclause (II), and inserting the following: ing ‘‘the planning purposes’’. (9) Section 112 of such Act (as so amended) ‘‘(II) other representatives of employees in SEC. 402. TECHNICAL AMENDMENTS TO THE RE- is further amended by striking the section the local area (for a local area in which no HABILITATION ACT OF 1973. heading and all that follows through ‘‘(a) employees are represented by such organiza- (a) REDESIGNATION.— From’’ and inserting the following: (1) The Rehabilitation Act of 1973 (as tions).’’. ‘‘CLIENT ASSISTANCE PROGRAM (5) Section 134(d)(4)(F) of such Act is amended by title IV of the Workforce Invest- ‘‘SEC. 112. (a) From’’. amended by adding at the end the following: ment Act of 1998) is further amended by re- (10) Section 121 of such Act (as so amended) ‘‘(iii) INDIVIDUAL TRAINING ACCOUNTS.—An designating sections 6 through 19 as sections is further amended by striking the section individual who seeks training services and 7, 8, and 10 through 21, respectively. (2) The table of contents for the Rehabili- heading and all that follows through ‘‘(a) who is eligible pursuant to subparagraph (A), The’’ and inserting the following: may, in consultation with a case manager, tation Act of 1973 (as amended by section 403 select an eligible provider of training serv- of the Workforce Investment Act of 1998) is ‘‘VOCATIONAL REHABILITATION SERVICES ices from the list or identifying information further amended by striking the items relat- GRANTS for providers described in clause (ii)(I). Upon ing to sections 6 through 19 and inserting the ‘‘SEC. 121. (a) The’’. such selection, the one-stop operator in- following: (11) Section 205 of such Act (as so amended) volved shall, to the extent practicable, refer ‘‘Sec. 7. Definitions. is further amended by striking the section such individual to the eligible provider of ‘‘Sec. 8. Allotment percentage. heading and all that follows through ‘‘ES- training services, and arrange for payment ‘‘Sec. 10. Nonduplication. TABLISHMENT.—’’ and inserting the following: for such services through an individual ‘‘Sec. 11. Application of other laws. ‘‘SEC. 205. REHABILITATION RESEARCH ADVI- training account.’’. ‘‘Sec. 12. Administration of the Act. SORY COUNCIL. (6) Section 159 of such Act is amended— ‘‘Sec. 13. Reports. ‘‘(a) ESTABLISHMENT.—’’. (A) in subsections (c)(1)(G) and (d)(4), by ‘‘Sec. 14. Evaluation. (12) Section 621 of such Act (as so amended) striking ‘‘post-secondary’’ and inserting ‘‘Sec. 15. Information clearinghouse. is further amended by striking the section ‘‘postsecondary’’; and ‘‘Sec. 16. Transfer of funds. heading and all that follows through ‘‘It’’ (B) in subsection (c)(3), by striking ‘‘con- ‘‘Sec. 17. State administration. and inserting the following: taining’’ and inserting ‘‘containing,’’. ‘‘Sec. 18. Review of applications. ‘‘SEC. 621. PURPOSE. (7) Section 166(h)(3)(A) of such Act is ‘‘Sec. 19. Carryover. ‘‘It’’. amended by striking ‘‘paragraph (2)’’ and in- ‘‘Sec. 20. Client assistance information. (13) Section 622 of such Act (as so amended) serting ‘‘subparagraph (B)’’. ‘‘Sec. 21. Traditionally underserved popu- is further amended by striking the section (8) Section 167(d) of such Act is amended by lations.’’. heading and all that follows through ‘‘IN inserting ‘‘and section 127(b)(1)(A)(iii)’’ after (b) SECTION HEADINGS.— GENERAL.—’’ and inserting the following: ‘‘this section’’. (1) Section 1 of such Act (as so amended) is ‘‘SEC. 622. ALLOTMENTS. (9) Section 170(a)(1) of such Act is amended further amended by striking the section ‘‘(a) IN GENERAL.—’’. by striking ‘‘carry out’’ and inserting ‘‘car- heading and all that follows through ‘‘SHORT (14) Section 623 of such Act (as so amended) rying out’’. TITLE.—’’ and inserting the following: is further amended by striking the section (10) Section 170(b)(2) of such Act is amend- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. heading and all that follows through ‘‘Funds ed by striking ‘‘174(b)’’ and inserting ‘‘(a) SHORT TITLE.—’’. provided under this part may’’ and inserting ‘‘173(b)’’. (2) Section 2 of such Act (as so amended) is the following: (11) Section 171(b)(2) of such Act is amend- further amended by striking the section ‘‘SEC. 623. AVAILABILITY OF SERVICES. ed by striking ‘‘only on a competitive’’ and heading and all that follows through ‘‘FIND- ‘‘Funds provided under this part may’’. all that follows through the period and in- INGS.—’’ and inserting the following: (15) Section 624 of such Act (as so amended) serting ‘‘in accordance with generally appli- ‘‘SEC. 2. FINDINGS; PURPOSE; POLICY. is further amended by striking the section cable Federal requirements.’’. ‘‘(a) FINDINGS.—’’. heading and all that follows through ‘‘An’’ (12) Section 173(a)(2) of such Act is amend- (3) Section 7 of such Act (as so amended and inserting the following: ed by striking ‘‘the Robert’’ and inserting and redesignated in subsection (a)) is further ‘‘SEC. 624. ELIGIBILITY. ‘‘The Robert’’. amended by striking the section heading and ‘‘An’’. (13) Section 189(i)(1) of such Act is amended all that follows through ‘‘(1) The term’’ and (16) Section 625 of such Act (as so amended) by striking ‘‘1997 (Public Law 104-208; 110 inserting the following: is further amended by striking the section Stat. 3009-234)’’ and inserting ‘‘1998 (Public ‘‘SEC. 7. DEFINITIONS. heading and all that follows through ‘‘STATE Law 105-78; 111 Stat. 1467). ‘‘For the purposes of this Act: PLAN SUPPLEMENTS.—’’ and inserting the fol- lowing: (14) Paragraphs (2) and (3) of section 192(a) ‘‘(1) ADMINISTRATIVE COSTS.—The term’’. of such Act are amended by striking ‘‘), to’’ (4) Section 19 of such Act (as so amended ‘‘SEC. 625. STATE PLAN. and inserting ‘‘) to’’. and redesignated in subsection (a)) is further ‘‘(a) STATE PLAN SUPPLEMENTS.—’’. (15) Section 334(b) of such Act is amended amended by striking the section heading and (17) Section 626 of such Act (as so amended) by striking paragraph (2) and inserting the all that follows through ‘‘IN GENERAL.—’’ is further amended by striking the section following: and inserting the following: heading and all that follows through ‘‘Each’’ and inserting the following: ‘‘(2) DATE.—The appointments of the mem- ‘‘SEC. 19. CARRYOVER. bers of the Commission shall be made by ‘‘SEC. 626. RESTRICTION. ‘‘(a) IN GENERAL.—’’. February 1, 1999.’’. (5) Section 20 of such Act (as so amended ‘‘Each’’. (16) Section 405 of such Act is amended by and redesignated in subsection (a)) is further (18) Section 627 of such Act (as so amended) striking ‘‘et seq.),’’ and inserting ‘‘et seq.)’’. amended by striking the section heading and is further amended by striking the section (17) Section 501(b)(1) of such Act is amend- all that follows through ‘‘All’’ and inserting heading and all that follows through ‘‘SUP- ed by adding at the end the following: ‘‘For the following: PORTED EMPLOYMENT SERVICES.—’’ and in- purposes of this paragraph, the activities and serting the following: ‘‘SEC. 20. CLIENT ASSISTANCE INFORMATION. programs described in subparagraphs (A) and ‘‘SEC. 627. SAVINGS PROVISION. ‘‘All’’. (B) of paragraph (2) shall not be considered ‘‘(a) SUPPORTED EMPLOYMENT SERVICES.—’’. (6) Section 21 of such Act (as so amended to be 2 or more activities or programs for (19) Section 628 of such Act (as so amended) and redesignated in subsection (a)) is further purposes of the unified plan. Such activities is further amended by striking the section amended by striking the section heading and or programs shall be considered to be 1 activ- heading and all that follows through all that follows through ‘‘FINDINGS.—’’ and ity or program.’’. ‘‘There’’ and inserting the following: inserting the following: (18) Section 505 of such Act is amended— ‘‘SEC. 628. AUTHORIZATION OF APPROPRIATIONS. (A) in subsection (a), by striking ‘‘in this ‘‘SEC. 21. TRADITIONALLY UNDERSERVED POPU- LATIONS. ‘‘There’’. Act’’ and inserting ‘‘under title I, II, or III or (c) OTHER AMENDMENTS.— ‘‘(a) FINDINGS.—’’. this title’’; and (1) Section 7 of such Act (as so amended (7) Section 110 of such Act (as so amended) (B) in subsection (b), by striking ‘‘under and redesignated in subsection (a)) is further is further amended by striking the section this Act’’ each place it appears and inserting amended— heading and all that follows through ‘‘(a)(1) ‘‘under title I, II, or III or this title’’. (A) in paragraph (2)(B), by striking ‘‘objec- Subject’’ and inserting the following: (19) Section 506(d) of such Act is amended— tives, nature,’’ and inserting ‘‘nature’’; (A) in paragraph (1), by striking ‘‘sub- ‘‘STATE ALLOTMENTS (B) by striking paragraph (7); section (b)’’ and inserting ‘‘subsection (c)’’; ‘‘SEC. 110. (a)(1) Subject’’. (C) in paragraph (16)(A)(iii), by striking and (8) Section 111 of such Act (as so amended) ‘‘client’’ and inserting ‘‘eligible individual’’; (B) in paragraph (2)— is further amended by striking the section and October 6, 1998 CONGRESSIONAL RECORD — SENATE S11595

(D) in paragraph (36)(C), by striking ‘‘reha- (C) in paragraphs (6)(A)(ii) and (7)(B), by (d) REFERENCES TO JOB TRAINING PARTNER- bilitation objectives’’ and inserting ‘‘em- striking ‘‘Governor’’ and inserting ‘‘appoint- SHIP ACT PRIOR TO REPEAL.— ployment outcome’’. ing authority described in paragraph (3)’’. (1) TITLE 5, UNITED STATES CODE.—Section (2) Section 10 of such Act (as so amended SEC. 403. TECHNICAL AMENDMENTS TO OTHER 3502(d) of title 5, United States Code, is and redesignated in subsection (a)) is further ACTS. amended— amended— (a) WAGNER-PEYSER ACT.—Section 15 of the (A) in paragraph (3)— (A) by striking ‘‘disregarded: (1)’’ and in- Wagner-Peyser Act (as added by section 309 (i) in subparagraph (A), by striking clause serting the following: ‘‘disregarded— of the Workforce Investment Act of 1998) is (i) and inserting the following: ‘‘(1)’’; amended— ‘‘(i) the appropriate State dislocated work- (B) by striking ‘‘(2)’’ and inserting the fol- (1) in subsection (a)(2)(A)(i), by striking er unit or office (referred to in section lowing: ‘‘of this section’’; and 311(b)(2) of the Job Training Partnership (2) in subsection (e)(2)(G), by striking ‘‘(2)’’; and Act), or the State or entity designated by ‘‘complementary’’ and inserting (C) by striking ‘‘No payment’’ and insert- the State to carry out rapid response activi- ‘‘complementarity’’. ing the following: ties under section 134(a)(2)(A) of the Work- ‘‘No payment’’. (b) OLDER AMERICANS ACT OF 1965.—Sub- force Investment Act of 1998; and’’; and (3) The second and third sentences of sec- paragraph (Q) of section 502(b)(1) of the Older (ii) in subparagraph (B)(iii), by striking tion 21(a)(3) of such Act (as so amended and Americans Act of 1965 (42 U.S.C. 3056(b)(1)) ‘‘other services under the Job Training Part- redesignated in subsection (a)) are further (as added by section 323 of the Workforce In- nership Act’’ and inserting ‘‘other services amended by striking ‘‘are’’ and inserting vestment Act of 1998) is amended by aligning ‘‘is’’. the margins of the subparagraph with the under the Job Training Partnership Act or (4) Section 101(a) of such Act (as so amend- margins of subparagraph (P) of such section. under title I of the Workforce Investment ed) is further amended— SEC. 404. TECHNICAL AMENDMENTS REGARDING Act of 1998’’; and (A) in paragraph (18)(C), by striking ‘‘will ADULT EDUCATION. (B) in paragraph (4), in the second sen- be utilized’’ and inserting ‘‘were utilized dur- (a) REFERENCES TO TITLE.—The matter pre- tence, by striking ‘‘Secretary of Labor on ing the preceding year’’; and ceding paragraph (1) of section 203, and sec- matters relating to the Job Training Part- (B) in paragraph (21)(A)(i)(II)(bb), by strik- tions 204 and 205, of the Adult Education and nership Act’’ and inserting ‘‘Secretary of ing ‘‘Commission’’ and inserting ‘‘commis- Family Literacy Act (20 U.S.C. 9202, 9203, and Labor on matters relating to the Job Train- sion’’. 9204) are each amended by striking ‘‘this sub- ing Partnership Act or title I of the Work- (5) Section 102(c)(5)(F) (as so amended) is title’’ and inserting ‘‘this title’’. force Investment Act of 1998’’. further amended— (b) QUALIFYING ADULT.—Section 211(d)(1) of (2) FOOD STAMP ACT OF 1977.— (A) in clause (ii), by striking ‘‘and’’ at the the Adult Education and Family Literacy (A) SECTION 5.—Section 5(l) of the Food end thereof; Act (20 U.S.C. 9211(d)(1)) is amended by strik- Stamp Act of 1977 (7 U.S.C. 2014(l)) is amend- (B) in clause (iii), by striking the period ing ‘‘, but less than 61 years of age’’. ed by striking ‘‘Notwithstanding section (c) LEVELS OF PERFORMANCE.—Section and inserting ‘‘; and’’; and 142(b) of the Job Training Partnership Act 212(b)(3)(A)(vi) of the Adult Education and (C) by adding at the end the following: (29 U.S.C. 1552(b)), earnings to individuals Family Literacy Act (20 U.S.C. ‘‘(iv) not delegate the responsibility for participating in on-the-job training pro- 9212(b)(3)(A)(vi)) is amended by striking making the final decision to any officer or grams under section 204(b)(1)(C) or section ‘‘136(j)’’ and inserting ‘‘136(i)(1)’’. 264(c)(1)(A) of the Job Training Partnership employee of the designated State unit.’’. (d) CORRECTIONS EDUCATION.—Section Act’’ and inserting ‘‘Notwithstanding section (6) Section 105(b) of such Act (as so amend- 225(a) of the Adult Education and Family 142(b) of the Job Training Partnership Act or ed) is further amended— Literacy Act (20 U.S.C. 9225) is amended— section 181(a)(2) of the Workforce Investment (A) in paragraph (3)— (1) in subsection (a), by striking ‘‘or edu- Act of 1998, earnings to individuals partici- (i) by striking ‘‘Governor’’ the first place it cation’’ and inserting ‘‘and education’’; and pating in on-the-job training programs under appears and inserting ‘‘Governor or, in the (2) in subsection (c), by striking ‘‘with’’ section 204(b)(1)(C) or 264(c)(1)(A) of the Job case of a State that, under State law, vests and inserting ‘‘within’’. authority for the administration of the ac- (e) NATIONAL LEADERSHIP ACTIVITIES.—Sec- Training Partnership Act or in on-the-job tivities carried out under this Act in an en- tion 243(2)(B) of the Adult Education and training under title I of the Workforce In- tity other than the Governor (such as one or Family Literacy Act (20 U.S.C. 9253(2)(B)) is vestment Act of 1998’’. more houses of the State legislature or an amended by striking ‘‘qualify’’ and inserting (B) SECTION 6.—Section 6 of the Food independent board), the chief officer of that ‘‘quality’’. Stamp Act of 1977 (7 U.S.C. 2015) is amend- entity’’; and (f) INCENTIVE GRANTS.—Section 503(a) of ed— (ii) in the second and third sentences, by the Workforce Investment Act of 1998 (20 (i) in subsection (d)(4)(M), by striking ‘‘the striking ‘‘Governor’’ and inserting ‘‘appoint- U.S.C. 9273(a)) is amended by striking ‘‘ex- State public employment offices and agen- ing authority’’; pected’’ and inserting ‘‘adjusted’’. cies operating programs under the Job (B) in paragraph (4)(A)(i), by striking ‘‘sec- SEC. 405. CONFORMING AMENDMENTS. Training Partnership Act’’ and inserting tion 7(20)(A)’’ and inserting ‘‘section (a) REFERENCES TO SECTION 204 OF THE IM- ‘‘the State public employment offices and 7(20)(B)’’; MIGRATION REFORM AND CONTROL ACT OF agencies operating programs under the Job (C) in paragraph (5)(B)— 1986.—The table of contents for the Immigra- Training Partnership Act or of the State (i) in the subparagraph heading, by strik- tion Reform and Control Act of 1986 is public employment offices and other State ing ‘‘GOVERNOR’’ and inserting ‘‘CHIEF EXECU- amended by striking the item relating to agencies and providers carrying out activi- TIVE OFFICER’’; and section 204 of such Act. ties under title I of the Workforce Invest- (ii) by striking ‘‘Governor shall’’ and in- (b) REFERENCES TO TITLE II OF PUBLIC LAW ment Act of 1998’’; serting ‘‘appointing authority described in 95–250.—Section 103 of Public Law 95–250 (16 (ii) in subsection (e)(3), by striking sub- paragraph (3) shall’’; and U.S.C. 79l) is amended— paragraph (A) and inserting the following: (D) in paragraphs (6)(A)(ii) and (7)(B), by (1) by striking the second sentence of sub- ‘‘(A) a program under the Job Training striking ‘‘Governor’’ and inserting ‘‘appoint- section (a); and Partnership Act or title I of the Workforce ing authority described in paragraph (3)’’. (2) by striking the second sentence of sub- Investment Act of 1998;’’; and (7) Section 705(b) of such Act (as so amend- section (b). (iii) in subsection (o)(1)(A), by striking ed) is further amended— (c) REFERENCES TO SUBTITLE C OF TITLE VII ‘‘Job Training Partnership Act (29 U.S.C. (A) in paragraph (1)— OF THE STEWART B. MCKINNEY HOMELESS AS- 1501 et seq.)’’ and inserting ‘‘Job Training (i) by striking ‘‘Governor’’ the first place it SISTANCE ACT.— Partnership Act or title I of the Workforce appears and inserting ‘‘Governor or, in the (1) TABLE OF CONTENTS RELATING TO SUB- Investment Act of 1998’’. TITLE C OF TITLE VII case of a State that, under State law, vests .—The table of contents (C) SECTION 17.—The second sentence of sec- authority for the administration of the ac- of the Stewart B. McKinney Homeless As- tion 17(b)(2) of the Food Stamp Act of 1977 (7 tivities carried out under this Act in an en- sistance Act (42 U.S.C. 11421 et seq.) is U.S.C. 2026(b)(2)) is amended— tity other than the Governor (such as one or amended by striking the items relating to (i) by striking ‘‘to accept an offer of em- more houses of the State legislature or an sections 731 through 737, and sections 739 ployment from a political subdivision or a independent board), the chief officer of that through 741, of such Act. prime sponsor pursuant to the Comprehen- entity’’; and (2) TITLE VII.—Title VII of such Act is sive Employment and Training Act of 1973, (ii) in the second sentence, by striking amended by inserting before section 738 the as amended (29 U.S.C. 812),’’ and inserting ‘‘Governor’’ and inserting ‘‘appointing au- following: ‘‘to accept an offer of employment from a po- thority’’; ‘‘Subtitle C—Job Training for the Homeless’’. litical subdivision or provider pursuant to a (B) in paragraph (5)(B)— (3) TITLE 31, UNITED STATES CODE.—Section program carried out under the Job Training (i) in the subparagraph heading, by strik- 6703(a) of title 31, United States Code, is Partnership Act or title I of the Workforce ing ‘‘GOVERNOR’’ and inserting ‘‘CHIEF EXECU- amended— Investment Act of 1998,’’; and TIVE OFFICER’’; and (A) by striking paragraph (15); and (ii) by striking ‘‘: Provided, That all of the (ii) by striking ‘‘Governor shall’’ and in- (B) by redesignating paragraphs (16) political subdivision’s’’ and all that follows serting ‘‘appointing authority described in through (19) as paragraphs (15) through (18), and inserting ‘‘, if all of the jobs supported paragraph (3) shall’’; and respectively. under the program have been made available S11596 CONGRESSIONAL RECORD — SENATE October 6, 1998 to participants in the program before the po- ment Act of 1998, except in a case in which’’; ing ‘‘the Comprehensive Employment and litical subdivision or provider providing the and Training Act or the Job Training Partner- jobs extends an offer of employment under (II) by striking the second sentence; and ship Act’’ and inserting ‘‘the Job Training this paragraph, and if the political subdivi- (iii) in subsection (e), by striking ‘‘for Partnership Act or title I of the Workforce sion or provider, in employing the person, training,’’ and all that follows through ‘‘be- Investment Act of 1998’’. complies with the requirements of Federal ginning’’ and inserting ‘‘, on the basis of any (14) TRADE ACT OF 1974.— law that relate to the program.’’. related reduction in funding under the con- (A) SECTION 236.—Section 236(a)(5)(B) of the (3) PERSONAL RESPONSIBILITY AND WORK OP- tract, for training, adjustment assistance, Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is PORTUNITY RECONCILIATION ACT OF 1996.— and employment services under section 325 amended by striking ‘‘section 303 of the Job (A) Section 403(c)(2)(K) of the Personal Re- or 325A of the Job Training Partnership Act Training Partnership Act’’ and inserting sponsibility and Work Opportunity Rec- or to participate in employment and training ‘‘section 303 of the Job Training Partnership onciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) activities under title I of the Workforce In- Act or title I of the Workforce Investment is amended by striking ‘‘Job Training Part- vestment Act of 1998, beginning’’. Act of 1998’’. nership Act’’ and inserting ‘‘Job Training (D) SECTION 4492.—Section 4492(b) of the Na- (B) SECTION 239.—Section 239(e) of the Trade Partnership Act or title I of the Workforce tional Defense Authorization Act for Fiscal Act of 1974 (19 U.S.C. 2311(e)) is amended by Investment Act of 1998’’. Year 1993 (10 U.S.C. 1143 note) is amended by striking ‘‘under title III of the Job Training (B) Section 423(d)(11) of the Personal Re- striking ‘‘the Job Training Partnership Act’’ Partnership Act’’ and inserting ‘‘under title sponsibility and Work Opportunity Rec- and inserting ‘‘the Job Training Partnership III of the Job Training Partnership Act or Act or title I of the Workforce Investment onciliation Act of 1996 (8 U.S.C. 1183a note) is title I of the Workforce Investment Act of Act of 1998’’. amended by striking ‘‘Job Training Partner- 1998’’. (8) NATIONAL DEFENSE AUTHORIZATION ACT ship Act’’ and inserting ‘‘Job Training Part- (15) HIGHER EDUCATION ACT OF 1965.— FOR FISCAL YEAR 1994.—Section 1333(c)(2)(B) of nership Act or title I of the Workforce In- (A) SECTION 418A.—Subsections (b)(1)(B)(ii) the National Defense Authorization Act for vestment Act of 1998’’. and (c)(1)(A) of section 418A of the Higher Fiscal Year 1994 (10 U.S.C. 2701 note) is (4) IMMIGRATION AND NATIONALITY ACT.— Education Act of 1965 (20 U.S.C. 1070d–2) are amended by striking ‘‘Private industry coun- Section 245A(h)(4)(F) of the Immigration and cils (as described in section 102 of the Job amended by striking ‘‘section 402 of the Job Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is Training Partnership Act (29 U.S.C. 1512)).’’ Training Partnership Act’’ and inserting amended by striking ‘‘The Job Training and inserting ‘‘Private industry councils as ‘‘section 402 of the Job Training Partnership Partnership Act.’’ and inserting ‘‘The Job described in section 102 of the Job Training Act or section 167 of the Workforce Invest- Training Partnership Act or title I of the Partnership Act or local workforce invest- ment Act of 1998’’. Workforce Investment Act of 1998.’’. ment boards established under section 117 of (B) SECTION 480.—Section 480(b)(14) of the (5) REFUGEE EDUCATION ASSISTANCE ACT OF the Workforce Investment Act of 1998.’’. Higher Education Act of 1965 (20 U.S.C. 1980.—Section 402(a)(4) of the Refugee Edu- (9) NATIONAL DEFENSE AUTHORIZATION ACT 1087vv(b)(14)) is amended by striking ‘‘Job cation Assistance Act of 1980 (8 U.S.C. 1522 FOR FISCAL YEAR 1998.—Section 2824(c)(5) of Training Partnership Act noneducational note) is amended by striking ‘‘the Com- the National Defense Authorization Act for benefits’’ and inserting ‘‘Job Training Part- prehensive Employment and Training Act of Fiscal Year 1998 (10 U.S.C. 2687 note) is nership Act noneducational benefits or bene- 1973’’ and inserting ‘‘the Job Training Part- amended by striking ‘‘Job Training Partner- fits received through participation in em- nership Act or title I of the Workforce In- ship Act’’ and inserting ‘‘Job Training Part- ployment and training activities under title vestment Act of 1998’’. nership Act or title I of the Workforce In- I of the Workforce Investment Act of 1998’’. (6) NATIONAL DEFENSE AUTHORIZATION ACT vestment Act of 1998’’. (16) DEPARTMENT OF EDUCATION ORGANIZA- FOR FISCAL YEAR 1991.—Section 4003(5)(C) of (10) SMALL BUSINESS ACT.—The fourth sen- TION ACT.—Subsection (a) of section 302 of the National Defense Authorization Act for tence of section 7(j)(13)(E) of the Small Busi- the Department of Education Organization Fiscal Year 1991 (10 U.S.C. 2391 note) is ness Act (15 U.S.C. 636(j)(13)(E)) is amended Act (20 U.S.C. 3443(a)) is amended by striking amended by inserting before the period the by striking ‘‘the Job Training Partnership ‘‘under section 303(c)(2) of the Comprehen- following: ‘‘, as in effect on the day before Act (29 U.S.C. 1501 et seq.)’’ and inserting sive Employment and Training Act’’ and in- the date of enactment of the Workforce In- ‘‘the Job Training Partnership Act or title I serting ‘‘relating to such education’’. vestment Act of 1998’’. of the Workforce Investment Act of 1998’’. (17) NATIONAL SKILL STANDARDS ACT OF (7) NATIONAL DEFENSE AUTHORIZATION ACT (11) EMPLOYMENT ACT OF 1946.—Section 1994.— FOR FISCAL YEAR 1993.— 4(f)(2)(B) of the Employment Act of 1946 (15 (A) SECTION 504.—Section 504(c)(3) of the (A) SECTION 3161.—Section 3161(c)(6) of the U.S.C. 1022a(f)(2)(B)) is amended by striking National Skill Standards Act of 1994 (20 National Defense Authorization Act for Fis- ‘‘and include these in the annual Employ- U.S.C. 5934(c)(3)) is amended by striking ‘‘the cal Year 1993 (42 U.S.C. 7274h(c)(6)) is amend- ment and Training Report of the President Capacity Building and Information and Dis- ed by striking subparagraph (A) and insert- required under section 705(a) of the Com- semination Network established under sec- ing the following: prehensive Employment and Training Act of tion 453(b) of the Job Training Partnership ‘‘(A) programs carried out by the Secretary 1973 (hereinafter in this Act referred to as Act (29 U.S.C. 1733(b)) and’’. of Labor under the Job Training Partnership ‘CETA’)’’ and inserting ‘‘and prepare and (B) SECTION 508.—Section 508(1) of the Na- Act or title I of the Workforce Investment submit to the President an annual report tional Skill Standards Act of 1994 (20 U.S.C. Act of 1998;’’. containing the recommendations’’. 5938(1)) is amended to read as follows: (B) SECTION 4461.—Section 4461(1) of the Na- (12) FULL EMPLOYMENT AND BALANCED ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The tional Defense Authorization Act for Fiscal GROWTH ACT OF 1978.— term ‘community-based organization’ means Year 1993 (10 U.S.C. 1143 note) is amended by (A) SECTION 206.—Section 206 of the Full a private nonprofit organization that is rep- striking ‘‘The Job Training Partnership Act Employment and Balanced Growth Act of resentative of a community or a significant (29 U.S.C. 1501 et seq.).’’ and inserting ‘‘The 1978 (15 U.S.C. 3116) is amended— segment of a community and that has dem- Job Training Partnership Act or title I of (i) in subsection (b)— onstrated expertise and effectiveness in the the Workforce Investment Act of 1998.’’. (I) in the matter preceding paragraph (1), field of workforce investment.’’. (C) SECTION 4471.—Section 4471 of the Na- by striking ‘‘CETA’’ and inserting ‘‘the Job (18) ELEMENTARY AND SECONDARY EDU- tional Defense Authorization Act for Fiscal Training Partnership Act and title I of the CATION ACT OF 1965.— Year 1993 (10 U.S.C. 2501 note) is amended— Workforce Investment Act of 1998’’; and (A) SECTION 1205.—Section 1205(8)(B) of the (i) in subsection (c)(2), by striking ‘‘the (II) in paragraph (1), by striking ‘‘(includ- Elementary and Secondary Education Act of State dislocated’’ and all that follows ing use of section 110 of CETA when nec- 1965 (20 U.S.C. 6365(8)(B)) is amended by through ‘‘and the chief’’ and inserting ‘‘the essary)’’; and striking ‘‘the Job Training Partnership Act’’ State dislocated worker unit or office re- (ii) in subsection (c)(1), by striking and inserting ‘‘the Job Training Partnership ferred to in section 311(b)(2) of the Job Train- ‘‘CETA’’ and inserting ‘‘activities carried Act and title I of the Workforce Investment ing Partnership Act, or the State or entity out under the Job Training Partnership Act Act of 1998’’. designated by the State to carry out rapid or title I of the Workforce Investment Act of (B) SECTION 1414.—Section 1414(c)(8) of the response activities under section 134(a)(2)(A) 1998’’. Elementary and Secondary Education Act of of the Workforce Investment Act of 1998, and (B) SECTION 401.—Section 401(d) of the Full 1965 (20 U.S.C. 6434(c)(8)) is amended by strik- the chief’’; Employment and Balanced Growth Act of ing ‘‘programs under the Job Training Part- (ii) in subsection (d)— 1978 (15 U.S.C. 3151(d)) is amended by striking nership Act,’’ and inserting ‘‘programs under (I) in the first sentence, by striking ‘‘for ‘‘include, in the annual Employment and the Job Training Partnership Act or title I training, adjustment assistance, and employ- Training Report of the President provided of the Workforce Investment Act of 1998,’’. ment services’’ and all that follows through under section 705(a) of CETA,’’ and inserting (C) SECTION 1423.—Section 1423(9) of the Ele- ‘‘except where’’ and inserting ‘‘for training, ‘‘include, in the annual report referred to in mentary and Secondary Education Act of adjustment assistance, and employment section 4(f)(2)(B) of the Employment Act of 1965 (20 U.S.C. 6453(9)) is amended by striking services under section 325 or 325A of the Job 1946 (15 U.S.C. 1022a(f)(2)(B)),’’. ‘‘programs under the Job Training and Part- Training Partnership Act or to participate in (13) TITLE 18, UNITED STATES CODE.—Sub- nership Act’’ and inserting ‘‘programs under employment and training activities carried sections (a), (b), and (c) of section 665 of title the Job Training Partnership Act or title I out under title I of the Workforce Invest- 18, United States Code are amended by strik- of the Workforce Investment Act of 1998’’. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11597

(D) SECTION 1425.—Section 1425(9) of the Ele- inserting ‘‘Employment and training activi- (A) in subparagraph (A)(vii)(I), by striking mentary and Secondary Education Act of ties for dislocated workers under title III of ‘‘(as described in section 103(c) of the Job 1965 (20 U.S.C. 6455(9)) is amended by striking the Job Training Partnership Act or title I Training Partnership Act)’’ and inserting ‘‘, such as funds under the Job Training of the Workforce Investment Act of 1998.’’. ‘‘(as described in section 103(c) of the Job Partnership Act,’’ and inserting ‘‘, such as (25) VETERANS’ JOB TRAINING ACT.— Training Partnership Act or defined in sec- funds made available under the Job Training (A) SECTION 13.—Section 13(b) of the Veter- tion 101 of the Workforce Investment Act of Partnership Act or title I of the Workforce ans’ Job Training Act (29 U.S.C. 1721 note) is 1998)’’; and Investment Act of 1998,’’. amended by striking ‘‘assistance under the (B) in subparagraph (D)— (19) DISTRICT OF COLUMBIA SCHOOL REFORM Job Training Partnership Act (29 U.S.C. 1501 (i) in clause (ii), by striking ‘‘means, with ACT OF 1995.—Section 2604(c)(2)(B)(ii) of the et seq.)’’ and inserting ‘‘assistance under the respect to a service delivery area, the pri- District of Columbia School Reform Act of Job Training Partnership Act or title I of vate industry council (or successor entity) 1995 (Public Law 104–134; 110 Stat. 1321–145) is the Workforce Investment Act of 1998’’. established for the service delivery area pur- amended by striking ‘‘Job Training Partner- (B) SECTION 14.—Section 14(b)(3)(B)(i)(II) of suant to the Job Training Partnership Act’’ ship Act (29 U.S.C. 1501 et seq.)’’ and insert- the Veterans’ Job Training Act (29 U.S.C. and inserting ‘‘means, with respect to a serv- ing ‘‘Job Training Partnership Act or title I 1721 note) is amended by striking ‘‘under ice delivery area, the private industry coun- of the Workforce Investment Act of 1998’’. part C of title IV of the Job Training Part- cil or local workforce investment board es- (20) FREEDOM SUPPORT ACT.—The last sen- nership Act (29 U.S.C. 1501 et seq.)’’ and in- tablished for the service delivery area pursu- tence of section 505 of the FREEDOM Sup- serting ‘‘under part C of title IV the Job ant to the Job Training Partnership Act or port Act (22 U.S.C. 5855) is amended by strik- Training Partnership Act or title I of the title I of the Workforce Investment Area of ing ‘‘, through the Defense Conversion’’ and Workforce Investment Act of 1998’’. 1998, as appropriate’’; and all that follows through ‘‘or through’’ and in- (C) SECTION 15.—Section 15(c)(2) of the Vet- (ii) in clause (iii), by striking ‘‘shall have serting ‘‘or through’’. erans’ Job Training Act (29 U.S.C. 1721 note) the meaning given such term (or the succes- (21) EMERGENCY JOBS AND UNEMPLOYMENT is amended— sor to such term) for purposes of the Job ASSISTANCE ACT OF 1974.— (i) in the second sentence, by striking Training Partnership Act’’ and inserting (A) SECTION 204.—Section 204(b) of the ‘‘shall have the meaning given such term for Emergency Jobs and Unemployment Assist- ‘‘part C of title IV of the Job Training Part- ance Act of 1974 (26 U.S.C. 3304 note) is nership Act (29 U.S.C. 1501 et seq.)’’ and in- purposes of the Job Training Partnership amended by striking ‘‘designate as an area’’ serting ‘‘part C of title IV of the Job Train- Act or shall mean a local area as defined in and all that follows and inserting ‘‘designate ing Partnership Act or title I of the Work- section 101 of the Workforce Investment Act as an area under this section an area that is force Investment Act of 1998’’; and of 1998, as appropriate’’. a service delivery area established under sec- (ii) in the third sentence, by striking ‘‘title (31) UNITED STATES HOUSING ACT.—Section tion 101 of the Job Training Partnership Act III of that Act’’ and inserting ‘‘title III of the 23 of the United States Housing Act of 1937 (except that after local workforce invest- Job Training Partnership Act or title I of (42 U.S.C. 1437u) is amended— ment areas are designated under section 116 the Workforce Investment Act of 1998’’. (A) in subsection (b)(2)(A), by striking ‘‘the of the Workforce Investment Act of 1998 for (26) WORKER ADJUSTMENT AND RETRAINING Job Training’’ and all that follows through the State involved, the corresponding local NOTIFICATION ACT.—Section 3(a)(2) of the ‘‘or the’’ and inserting ‘‘the Job Training workforce investment area shall be consid- Worker Adjustment and Retraining Notifica- Partnership Act or title I of the Workforce ered to be the area designated under this sec- tion Act (29 U.S.C. 2102(a)(2)) is amended by Investment Act of 1998 or the’’; tion) or a local workforce investment area striking ‘‘to the State’’ and all that follows (B) in the first sentence of subsection (f)(2), designated under section 116 of the Work- through ‘‘and the chief’’ and inserting ‘‘to by striking ‘‘programs under the’’ and all force Investment Act of 1998.’’. the State dislocated worker unit or office that follows through ‘‘and the’’ and inserting (B) SECTION 223.—Section 223 of the Emer- (referred to in section 311(b)(2) of the Job ‘‘programs under the Job Training Partner- gency Jobs and Unemployment Assistance Training and Partnership Act), or the State ship Act or title I of the Workforce Invest- Act of 1974 (26 U.S.C. 3304 note) is amended— or entity designated by the State to carry ment Act of 1998 or the’’; and (i) in paragraph (3), by striking ‘‘assistance out rapid response activities under section (C) in subsection (g)— provided’’ and all that follows and inserting 134(a)(2)(A) of the Workforce Investment Act (i) in paragraph (2), by striking ‘‘programs ‘‘assistance provided under the Job Training of 1998, and the chief’’. under the’’ and all that follows through ‘‘and Partnership Act or title I of the Workforce (27) TITLE 31, UNITED STATES CODE.—Section the’’ and inserting ‘‘programs under the Job Investment Act of 1998;’’; and 6703(a) of title 31, United States Code, is Training Partnership Act or title I of the (ii) in paragraph (4), by striking ‘‘funds amended by striking paragraph (4) and in- Workforce Investment Act of 1998 or the’’; provided’’ and all that follows and inserting serting the following: and ‘‘funds provided under the Job Training ‘‘(4) Programs under title II or IV of the (ii) in paragraph (3)(H), by striking ‘‘pro- Partnership Act or title I of the Workforce Job Training Partnership Act or under title gram under’’ and all that follows through Investment Act of 1998;’’. I of the Workforce Investment Act of 1998.’’. ‘‘and any other’’ and inserting ‘‘programs (22) JOB TRAINING REFORM AMENDMENTS OF (28) VETERANS’ REHABILITATION AND EDU- under the Job Training Partnership Act or 1992.—Section 701 of the Job Training Reform CATION AMENDMENTS OF 1980.—Section 512 of title I of the Workforce Investment Act of Amendments of 1992 (29 U.S.C. 1501 note) is the Veterans’ Rehabilitation and Education 1998 and any other’’. repealed. Amendments of 1980 (38 U.S.C. 4101 note) is (32) HOUSING ACT OF 1949.—Section 504(c)(3) (23) PUBLIC LAW 98–524.—Section 7 of Public amended by striking ‘‘the Comprehensive of the Housing Act of 1949 (42 U.S.C. Law 98–524 (29 U.S.C. 1551 note) is repealed. Employment and Training Act (29 U.S.C. et 1474(c)(3)) is amended by striking ‘‘pursuant (24) VETERANS’ BENEFITS AND PROGRAMS IM- seq.),’’ and inserting ‘‘the Job Training Part- to’’ and all that follows through ‘‘or the’’ PROVEMENT ACT OF 1988.—Section 402 of the nership Act or title I of the Workforce In- and inserting ‘‘pursuant to the Job Training Veterans’ Benefits and Programs Improve- vestment Act of 1998,’’. Partnership Act or title I of the Workforce ment Act of 1988 (29 U.S.C. 1721 note) is (29) TITLE 38, UNITED STATES CODE.— Investment Act of 1998 or the’’. amended— (A) SECTION 4102A.—Section 4102A(d) of title (33) OLDER AMERICANS ACT OF 1965.— (A) in subsection (a), by striking ‘‘title III 38, United States Code, is amended by strik- (A) SECTION 203.—Section 203 of the Older of the Job Training Partnership Act (29 ing ‘‘the Job Training Partnership Act’’ and Americans Act of 1965 (42 U.S.C. 3013) is U.S.C. 1651 et seq.)’’ and inserting ‘‘title III inserting ‘‘the Job Training Partnership Act amended— of the Job Training Partnership Act or title and title I of the Workforce Investment Act (i) in subsection (a)(2), by striking the last I of the Workforce Investment Act of 1998’’; of 1998’’. sentence and inserting the following: ‘‘In (B) in subsection (c), by striking ‘‘Train- (B) SECTION 4103A.—Section 4103A(c)(4) of particular, the Secretary of Labor shall con- ing, in consultation with the office des- title 38, United States Code, is amended by sult and cooperate with the Assistant Sec- ignated or created under section 322(b) of the striking ‘‘(including part C of title IV of the retary in carrying out the Job Training Job Training Partnership Act,’’ and insert- Job Training Partnership Act (29 U.S.C. 1501 Partnership Act and title I of the Workforce ing ‘‘Training, in consultation with the unit et seq.))’’ and inserting ‘‘including part C of Investment Act of 1998.’’; and or office designated or created under section title IV of the Job Training Partnership Act (ii) in subsection (b), by striking paragraph 322(b) of the Job Training Partnership Act or and title I of the Workforce Investment Act (1) and inserting the following: any successor to such unit or office under of 1998’’. ‘‘(1) the Job Training Partnership Act or title I of the Workforce Investment Act of (C) SECTION 4213.—Section 4213 of title 38, title I of the Workforce Investment Act of 1998,’’; and United States Code, is amended by striking 1998,’’. (C) in subsection (d)— ‘‘program assisted under the Job Training (B) SECTION 502.—Section 502 of the Older (i) in paragraph (1)(A), by striking ‘‘part Partnership Act (29 U.S.C. 1501 et seq.),’’ and Americans Act of 1965 (42 U.S.C. 3056) is C’’ and all that follows through‘‘; and’’ and inserting ‘‘program carried out under the amended— inserting ‘‘part C of title IV of the Job Job Training Partnership Act or title I of (i) in subsection (b)(1)(N)(i), by striking Training Partnership Act or title I of the the Workforce Investment Act of 1998,’’. ‘‘the Job Training Partnership Act (29 U.S.C. Workforce Investment Act of 1998; and’’; and (30) SOCIAL SECURITY ACT.—Section 403(a)(5) 1501 et seq.)’’ and inserting ‘‘the Job Train- (ii) in paragraph (2), by striking ‘‘Employ- of Social Security Act (42 U.S.C. 603(a)(5)) is ing Partnership Act and title I of the Work- ment and training’’ and all that follows and amended— force Investment Act of 1998’’; and S11598 CONGRESSIONAL RECORD — SENATE October 6, 1998

(ii) in subsection (e)(2)(C), by striking (38) ENERGY CONSERVATION AND PRODUCTION ‘‘the Job Training Partnership Act and title ‘‘programs carried out under section 124 of ACT.—Section 414(b)(3) of the Energy Con- I of the Workforce Investment Act of 1998’’. the Job Training Partnership Act (29 U.S.C. servation and Production Act (42 U.S.C. (B) SECTION 456.—The first sentence of sec- 1534)’’ and inserting ‘‘programs carried out 6864(b)(3)) is amended by striking ‘‘the Com- tion 456(e) of the Cranston-Gonzalez National under the Job Training Partnership Act and prehensive Employment and Training Act of Affordable Housing Act (42 U.S.C. 12899e(e)) title I of the Workforce Investment Act of 1973’’ and inserting ‘‘the Job Training Part- is amended by inserting ‘‘(as in effect on the 1998’’. nership Act or title I of the Workforce In- day before the date of enactment of the (C) SECTION 503.—Section 503(b)(1) of the vestment Act of 1998’’. Workforce Investment Act of 1998)’’ after Older Americans Act of 1965 (42 U.S.C. (39) NATIONAL ENERGY CONSERVATION POLICY ‘‘the Job Training Partnership Act’’ each 3056a(b)(1)) is amended— ACT.—Section 233 of the National Energy place it appears. (i) in the first sentence, by striking ‘‘the Conservation Policy Act (42 U.S.C. 6873) is (44) VIOLENT CRIME CONTROL AND LAW EN- Job Training Partnership Act’’ and inserting amended, in the matter preceding paragraph FORCEMENT ACT OF 1994.—Section 31113(a)(4)(C) ‘‘the Job Training Partnership Act and title (1), by striking ‘‘the Comprehensive Employ- of the Violent Crime Control and Law En- I of the Workforce Investment Act of 1998’’; ment and Training Act of 1973’’ and inserting forcement Act of 1994 (42 U.S.C. and ‘‘the Job Training Partnership Act or title I 13823(a)(4)(C)) is amended by striking ‘‘au- (ii) in the first sentence, by striking ‘‘the of the Workforce Investment Act of 1998’’. thorized under the Job Training Partnership Job Training Partnership Act’’ and inserting (40) COMMUNITY ECONOMIC DEVELOPMENT ACT Act (29 U.S.C. 1501 et seq.)’’ and inserting ‘‘the Job Training Partnership Act or title I OF 1981.—Section 617(a)(3) of the Community ‘‘authorized under the Job Training Partner- of the Workforce Investment Act of 1998’’. Economic Development Act of 1981 (42 U.S.C. ship Act or title I of the Workforce Invest- (D) SECTION 510.—Section 510 of the Older 9806(a)(3)) is amended by striking ‘‘activities ment Act of 1998’’. Americans Act of 1965 (42 U.S.C. 3056h) is such as those described in the Comprehen- (e) OTHER REFERENCES TO TITLE VII OF THE amended by striking the matter following sive Employment and Training Act’’ and in- STEWART B. MCKINNEY HOMELESS ASSISTANCE the section heading and inserting the follow- serting ‘‘activities such as the activities de- ACT.— ing: scribed in the Job Training Partnership Act (1) TABLE OF CONTENTS.—The table of con- or title I of the Workforce Investment Act of tents of the Stewart B. McKinney Homeless ‘‘In the case of projects under this title 1998’’. Assistance Act (42 U.S.C. 11421 et seq.) is carried out jointly with programs carried (41) STEWART B. MCKINNEY HOMELESS AS- amended by striking the items relating to out under the Job Training Partnership Act, SISTANCE ACT.—Section 103(b)(2) of the Stew- title VII of such Act, except the items relat- eligible individuals shall be deemed to sat- art B. McKinney Homeless Assistance Act (42 ing to the title heading, and subtitles B and isfy the requirements of sections 203 and U.S.C. 11302(b)(2)) is amended by striking C, of such title. 204(d)(5)(A) of such Act (29 U.S.C. 1603, ‘‘the Job Training Partnership Act’’ and in- (2) TITLE VII.—The Stewart B. McKinney 1604(d)(5)(A)) that are applicable to adults. In serting ‘‘the Job Training Partnership Act or Homeless Assistance Act (as amended by sec- the case of projects under this title carried title I of the Workforce Investment Act of tion 199(b)(1) of the Workforce Investment out jointly with programs carried out under 1998’’. Act of 1998) is further amended by inserting subtitle B of title I of the Workforce Invest- (42) NATIONAL AND COMMUNITY SERVICE ACT before subtitle B (relating to education for ment Act of 1998, eligible individuals shall be OF 1990.— homeless children and families) the follow- deemed to satisfy the requirements of sec- (A) SECTION 177.—Section 177(d) of the Na- ing: tion 134 of such Act.’’. tional and Community Service Act of 1990 (42 ‘‘TITLE VII—EDUCATION AND TRAINING’’. (34) OMNIBUS CRIME CONTROL AND SAFE U.S.C. 12637(d)) is amended to read as fol- (f) REFERENCES TO JOB TRAINING PARTNER- STREETS ACT OF 1968.—Section 1801(b)(3) of the lows: SHIP ACT SUBSEQUENT TO REPEAL.— Omnibus Crime Control and Safe Streets Act ‘‘(d) TREATMENT OF BENEFITS.—Allowances, (1) TITLE 5, UNITED STATES CODE.—Section of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by earnings, and payments to individuals par- 3502(d) of title 5, United States Code, is striking ‘‘activities carried out under part B ticipating in programs that receive assist- amended— of title IV of the Job Training Partnership ance under this title shall not be considered (A) in paragraph (3)— Act (relating to Job Corps) (29 U.S.C. 1691 et to be income for the purposes of determining (i) in subparagraph (A), by striking clause seq.)’’ and inserting ‘‘activities carried out eligibility for and the amount of income (i) and inserting the following: under part B of title IV of the Job Training transfer and in-kind aid furnished under any ‘‘(i) the State or entity designated by the Partnership Act or subtitle C of title I of the Federal or federally assisted program based State to carry out rapid response activities Workforce Investment Act of 1998 (relating on need, other than as provided under the under section 134(a)(2)(A) of the Workforce to Job Corps)’’. Social Security Act (42 U.S.C. 301 et seq.).’’. Investment Act of 1998; and’’; and (35) ENVIRONMENTAL PROGRAMS ASSISTANCE (B) SECTION 198C.—Section 198C of the Na- (ii) in subparagraph (B)(iii), by striking ACT OF 1984.—The second sentence of section tional and Community Service Act of 1990 (42 ‘‘under the Job Training Partnership Act 2(a) of the Environmental Programs Assist- U.S.C. 12653c) is amended— or’’; and ance Act of 1984 (42 U.S.C. 4368a(a)) is amend- (i) in subsection (b)(1), by striking ‘‘a mili- (B) in paragraph (4), in the second sen- ed by striking ‘‘and title IV of the Job Train- tary installation described in section tence, by striking ‘‘the Job Training Part- ing Partnership Act’’ and inserting ‘‘and 325(e)(1) of the Job Training Partnership Act nership Act or’’. title IV of the Job Training Partnership Act (29 U.S.C. 1662d(e)(1)).’’ and inserting ‘‘a mili- (2) FOOD STAMP ACT OF 1977.— or subtitle D of title I of the Workforce In- tary installation being closed or realigned (A) SECTION 5.—Section 5(l) of the Food vestment Act of 1998’’. under— Stamp Act of 1977 (7 U.S.C. 2014(l)) is amend- (36) DOMESTIC VOLUNTEER SERVICE ACT OF ‘‘(A) the Defense Base Closure and Realign- ed by striking ‘‘Notwithstanding section 1973.— ment Act of 1990 (part A of title XXIX of di- 142(b) of the Job Training Partnership Act or (A) SECTION 103.—The second sentence of vision B of Public Law 101–510; 10 U.S.C. 2687 section 181(a)(2) of the Workforce Investment section 103(d) of the Domestic Volunteer note); and Act of 1998, earnings to individuals partici- Service Act of 1973 (42 U.S.C. 4953(d)) is ‘‘(B) title II of the Defense Authorization pating in on-the-job training programs under amended to read as follows: ‘‘Whenever fea- Amendments and Base Closure and Realign- section 204(b)(1)(C) or 264(c)(1)(A) of the Job sible, such efforts shall be coordinated with ment Act (Public Law 100–526; 10 U.S.C. 2687 Training Partnership Act or in on-the-job an appropriate private industry council es- note).’’; and training under title I of the Workforce In- tablished under the Job Training Partner- (ii) in subsection (e)(1)(B), by striking vestment Act of 1998’’ and inserting ‘‘Not- ship Act or local workforce investment board clause (iii) and inserting the following: withstanding section 181(a)(2) of the Work- established under section 117 of the Work- ‘‘(iii) an eligible youth described in section force Investment Act of 1998, earnings to in- force Investment Act of 1998.’’. 423 of the Job Training Partnership Act or an dividuals participating in on-the-job training (B) SECTION 109.—Subsections (c)(2) and individual described in section 144 of the under title I of the Workforce Investment (d)(2) of section 109 of the Domestic Volun- Workforce Investment Act of 1998.’’. Act of 1998’’ teer Service Act of 1973 (42 U.S.C. 4959) is (C) SECTION 199L.—Section 199L(a) of the (B) SECTION 6.—Section 6 of the Food amended by striking ‘‘administrative enti- National and Community Service Act of 1990 Stamp Act of 1977 (7 U.S.C. 2015) is amend- ties designated to administer job training (42 U.S.C. 12655m(a)) is amended by striking ed— plans under the Job Training Partnership ‘‘the Job Training Partnership Act (29 U.S.C. (i) in subsection (d)(4)(M), by striking ‘‘the Act’’ and inserting ‘‘administrative entities 1501 et seq.)’’ and inserting ‘‘the Job Train- State public employment offices and agen- designated to administer job training plans ing Partnership Act and title I of the Work- cies operating programs under the Job under the Job Training Partnership Act and force Investment Act of 1998’’. Training Partnership Act or of’’; eligible providers of employment and train- (43) CRANSTON-GONZALEZ NATIONAL AFFORD- (ii) in subsection (e)(3), by striking sub- ing activities under subtitle B of title I of ABLE HOUSING ACT.— paragraph (A) and inserting the following: the Workforce Investment Act of 1998’’. (A) SECTION 454.—Subparagraphs (H) and ‘‘(A) a program under title I of the Work- (37) AGE DISCRIMINATION ACT OF 1975.—Sec- (M) of subsection (c)(2), and subsection (d)(7), force Investment Act of 1998;’’; and tion 304(c)(1) of the Age Discrimination Act of section 454 of the Cranston-Gonzalez Na- (iii) in subsection (o)(1)(A), by striking of 1975 (42 U.S.C. 6103(c)(1)) is amended by tional Affordable Housing Act (42 U.S.C. ‘‘Job Training Partnership Act or’’. striking ‘‘Except with’’ and all that follows 12899c) are amended by striking ‘‘the Job (C) SECTION 17.—The second sentence of sec- through ‘‘nothing’’ and inserting ‘‘Nothing’’. Training Partnership Act’’ and inserting tion 17(b)(2) of the Food Stamp Act of 1977 (7 October 6, 1998 CONGRESSIONAL RECORD — SENATE S11599

U.S.C. 2026(b)(2)) is amended by striking ‘‘the inserting ‘‘the Job Training Partnership Act (C) SECTION 15.—Section 15(c)(2) of the Vet- Job Training Partnership Act or’’. and’’; and erans’ Job Training Act (29 U.S.C. 1721 note) (3) PERSONAL RESPONSIBILITY AND WORK OP- (B) in subsection (c)(1), by striking ‘‘activi- is amended— PORTUNITY RECONCILIATION ACT OF 1996.— ties carried out under the Job Training Part- (i) in the second sentence, by striking (A) Section 403(c)(2)(K) of the Personal Re- nership Act or’’. ‘‘part C of title IV of the Job Training Part- sponsibility and Work Opportunity Rec- (11) TRADE ACT OF 1974.— nership Act or’’; and onciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) (A) SECTION 236.—Section 236(a)(5)(B) of the (ii) in the third sentence, by striking ‘‘title is amended by striking ‘‘Job Training Part- Trade Act of 1974 (19 U.S.C. 2296(a)(5)(B)) is III of the Job Training Partnership Act or’’. nership Act or’’. amended by striking ‘‘section 303 of the Job (18) WORKER ADJUSTMENT AND RETRAINING (B) Section 423(d)(11) of the Personal Re- Training Partnership Act or’’. NOTIFICATION ACT.—Section 3(a)(2) of the sponsibility and Work Opportunity Rec- (B) SECTION 239.—Section 239(e) of the Trade Worker Adjustment and Retraining Notifica- onciliation Act of 1996 (8 U.S.C. 1183a note) is Act of 1974 (19 U.S.C. 2311(e)) is amended by tion Act (29 U.S.C. 2102(a)(2)) is amended by amended by striking ‘‘Job Training Partner- striking ‘‘title III of the Job Training Part- striking ‘‘the State dislocated worker unit ship Act or’’. nership Act or’’. or office (referred to in section 311(b)(2) of (4) IMMIGRATION AND NATIONALITY ACT.— (12) HIGHER EDUCATION ACT OF 1965.— the Job Training and Partnership Act), or’’. Section 245A(h)(4)(F) of the Immigration and (A) SECTION 418A.—Subsections (b)(1)(B)(ii) (19) TITLE 31, UNITED STATES CODE.—Section Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is and (c)(1)(A) of section 418A of the Higher 6703(a) of title 31, United States Code, is amended by striking ‘‘The Job Training Education Act of 1965 (20 U.S.C. 1070d–2) are amended by striking paragraph (4) and in- Partnership Act or title’’ and inserting amended by striking ‘‘section 402 of the Job serting the following: ‘‘Title’’. Training Partnership Act or’’. ‘‘(4) Programs under title I of the Work- (5) REFUGEE EDUCATION ASSISTANCE ACT OF (B) SECTION 480.—Section 480(b)(14) of the force Investment Act of 1998.’’. 1980.—Section 402(a)(4) of the Refugee Edu- Higher Education Act of 1965 (20 U.S.C. (20) VETERANS’ REHABILITATION AND EDU- cation Assistance Act of 1980 (8 U.S.C. 1522 1087vv(b)(14)) is amended by striking ‘‘Job CATION AMENDMENTS OF 1980.—Section 512 of note) is amended by striking ‘‘the Com- Training Partnership Act noneducational the Veterans’ Rehabilitation and Education prehensive Employment and Training Act of benefits or’’. Amendments of 1980 (38 U.S.C. 4101 note) is 1973’’ and inserting ‘‘the Job Training Part- (13) ELEMENTARY AND SECONDARY EDU- amended by striking ‘‘the Job Training Part- nership Act or’’. CATION ACT OF 1965.— nership Act or’’. (6) NATIONAL DEFENSE AUTHORIZATION ACT (A) SECTION 1205.—Section 1205(8)(B) of the (21) TITLE 38, UNITED STATES CODE.— FOR FISCAL YEAR 1993.— Elementary and Secondary Education Act of (A) SECTION 4102A.—Section 4102A(d) of title (A) SECTION 3161.—Section 3161(c)(6) of the 1965 (20 U.S.C. 6365(8)(B)) is amended by 38, United States Code, is amended by strik- National Defense Authorization Act for Fis- striking ‘‘the Job Training Partnership Act ing ‘‘the Job Training Partnership Act and’’. cal Year 1993 (42 U.S.C. 7274h(c)(6)) is amend- and’’. (B) SECTION 4103A.—Section 4103A(c)(4) of ed by striking subparagraph (A) and insert- (B) SECTION 1414.—Section 1414(c)(8) of the title 38, United States Code, is amended by ing the following: Elementary and Secondary Education Act of striking ‘‘part C of title IV of the Job Train- ‘‘(A) programs carried out by the Secretary 1965 (20 U.S.C. 6434(c)(8)) is amended by strik- ing Partnership Act and’’. of Labor under title I of the Workforce In- ing ‘‘the Job Training Partnership Act or’’. (C) SECTION 4213.—Section 4213 of title 38, vestment Act of 1998;’’. (C) SECTION 1423.—Section 1423(9) of the Ele- United States Code, is amended by striking (B) SECTION 4461.—Section 4461(1) of the Na- mentary and Secondary Education Act of ‘‘the Job Training Partnership Act or’’. tional Defense Authorization Act for Fiscal 1965 (20 U.S.C. 6453(9)) is amended by striking (22) SOCIAL SECURITY ACT.—Section 403(a)(5) Year 1993 (10 U.S.C. 1143 note) is amended by ‘‘the Job Training Partnership Act or’’. of Social Security Act (42 U.S.C. 603(a)(5)) is striking ‘‘The Job Training Partnership Act (D) SECTION 1425.—Section 1425(9) of the Ele- amended— of title’’ and inserting ‘‘Title’’. mentary and Secondary Education Act of (A) in subparagraph (A)(vii)(I), by striking (C) SECTION 4471.—Section 4471 of the Na- 1965 (20 U.S.C. 6455(9)) is amended by striking ‘‘described in section 103(c) of the Job Train- tional Defense Authorization Act for Fiscal ‘‘the Job Training Partnership Act or’’. ing Partnership Act or’’; and Year 1993 (10 U.S.C. 2501 note) is amended— (14) DISTRICT OF COLUMBIA SCHOOL REFORM (B) in subparagraph (D)— (i) in subsection (c)(2), by striking ‘‘the ACT OF 1995.—Section 2604(c)(2)(B)(ii) of the (i) in clause (ii), by striking ‘‘the Job State dislocated worker unit or office re- District of Columbia School Reform Act of Training Partnership Act or’’; and ferred to in section 311(b)(2) of the Job Train- 1995 (Public Law 104–134; 110 Stat. 1321–145) is (ii) in clause (iii), by striking ‘‘shall mean ing Partnership Act, or’’; amended by striking ‘‘Job Training Partner- a local area as defined in section 101 of the (ii) in subsection (d), in the first sentence, ship Act or’’. Workforce Investment Act of 1998, as appro- by striking ‘‘for training, adjustment assist- (15) EMERGENCY JOBS AND UNEMPLOYMENT priate’’. ance, and employment services under section ASSISTANCE ACT OF 1974.— (23) UNITED STATES HOUSING ACT.—Section 325 or 325A of the Job Training Partnership (A) SECTION 204.—Section 204(b) of the 23 of the United States Housing Act of 1937 Act or’’; and Emergency Jobs and Unemployment Assist- (42 U.S.C. 1437u) is amended— (iii) in subsection (e), by striking ‘‘for ance Act of 1974 (26 U.S.C. 3304 note) is (A) in subsection (b)(2)(A), by striking ‘‘the training, adjustment assistance, and employ- amended by striking ‘‘service delivery area Job Training Partnership Act or’’; ment services under section 325 or 325A of established’’ and all that follows through (B) in the first sentence of subsection (f)(2), the Job Training Partnership Act or’’. ‘‘this section) or a’’. by striking ‘‘the Job Training Partnership (D) SECTION 4492.—Section 4492(b) of the Na- (B) SECTION 223.—Section 223 of the Emer- Act or’’; and tional Defense Authorization Act for Fiscal gency Jobs and Unemployment Assistance (C) in subsection (g)— Year 1993 (10 U.S.C. 1143 note) is amended by Act of 1974 (26 U.S.C. 3304 note) is amended— (i) in paragraph (2), by striking ‘‘the Job striking ‘‘the Job Training Partnership Act (i) in paragraph (3), by striking ‘‘the Job Training Partnership Act or’’; and or’’. Training Partnership Act or’’; and (ii) in paragraph (3)(H), by striking ‘‘the (7) NATIONAL DEFENSE AUTHORIZATION ACT (ii) in paragraph (4), by striking ‘‘the Job Job Training Partnership Act or’’. FOR FISCAL YEAR 1994.—Section 1333(c)(2)(B) of Training Partnership Act or’’. (24) HOUSING ACT OF 1949.—Section 504(c)(3) the National Defense Authorization Act for (16) VETERANS’ BENEFITS AND PROGRAMS IM- of the Housing Act of 1949 (42 U.S.C. Fiscal Year 1994 (10 U.S.C. 2701 note) is PROVEMENT ACT OF 1988.—Section 402 of the 1474(c)(3)) is amended by striking ‘‘the Job amended by striking ‘‘Private industry coun- Veterans’ Benefits and Programs Improve- Training Partnership Act or’’. cils as described in section 102 of the Job ment Act of 1988 (29 U.S.C. 1721 note) is (25) OLDER AMERICANS ACT OF 1965.— Training Partnership Act or local’’ and in- amended— (A) SECTION 203.—Section 203 of the Older serting ‘‘local’’. (A) in subsection (a), by striking ‘‘title III Americans Act of 1965 (42 U.S.C. 3013) is (8) NATIONAL DEFENSE AUTHORIZATION ACT of the Job Training Partnership Act or’’; and amended— FOR FISCAL YEAR 1998.—Section 2824(c)(5) of (B) in subsection (d)— (i) in subsection (a)(2), by striking ‘‘the the National Defense Authorization Act for (i) in paragraph (1)(A), by striking ‘‘part C Job Training Partnership Act and’’; and Fiscal Year 1998 (10 U.S.C. 2687 note) is of title IV of the Job Training Partnership (ii) in subsection (b), by striking paragraph amended by striking ‘‘Job Training Partner- Act or’’; and (1) and inserting the following: ship Act or’’. (ii) in paragraph (2), by striking ‘‘title III ‘‘(1) title I of the Workforce Investment (9) SMALL BUSINESS ACT.—The fourth sen- of the Job Training Partnership Act or’’. Act of 1998,’’. tence of section 7(j)(13)(E) of the Small Busi- (17) VETERANS’ JOB TRAINING ACT.— (B) SECTION 502.—Section 502 of the Older ness Act (15 U.S.C. 636(j)(13)(E)) is amended (A) SECTION 13.—Section 13(b) of the Veter- Americans Act of 1965 (42 U.S.C. 3056) is by striking ‘‘the Job Training Partnership ans’ Job Training Act (29 U.S.C. 1721 note) is amended— Act or’’. amended by striking ‘‘the Job Training Part- (i) in subsection (b)(1)(N)(i), by striking (10) FULL EMPLOYMENT AND BALANCED nership Act or’’. ‘‘the Job Training Partnership Act and’’; and GROWTH ACT OF 1978.—Section 206 of the Full (B) SECTION 14.—Section 14(b)(3)(B)(i)(II) of (ii) in subsection (e)(2)(C), by striking ‘‘the Employment and Balanced Growth Act of the Veterans’ Job Training Act (29 U.S.C. Job Training Partnership Act and’’. 1978 (15 U.S.C. 3116) is amended— 1721 note) is amended by striking ‘‘part C of (C) SECTION 503.—Section 503(b)(1) of the (A) in subsection (b), in the matter preced- title IV the Job Training Partnership Act Older Americans Act of 1965 (42 U.S.C. ing paragraph (1), by striking ‘‘CETA’’ and or’’. 3056a(b)(1)) is amended— S11600 CONGRESSIONAL RECORD — SENATE October 6, 1998 (i) in the first sentence, by striking ‘‘the 13823(a)(4)(C)) is amended by striking ‘‘the all interstate sales transactions, including Job Training Partnership Act and’’; and Job Training Partnership Act or’’. transactions using the Internet, on local re- (ii) in the first sentence, by striking ‘‘the (g) EFFECTIVE DATES.— tail businesses and on State and local gov- Job Training Partnership Act or’’. (1) IMMEDIATELY EFFECTIVE AMENDMENTS.— ernments, which examination may include a (D) SECTION 510.—Section 510 of the Older The amendments made by subsections (a) review of the efforts of State and local gov- Americans Act of 1965 (42 U.S.C. 3056h) is through (d) shall take effect on the date of ernments to collect sales and use taxes owed amended by striking the matter following the enactment of this Act. on in-State purchases from out-of-State sell- the section heading and inserting the follow- (2) SUBSEQUENTLY EFFECTIVE AMEND- ers. ing: MENTS.— ‘‘In the case of projects under this title (A) STEWART B. MCKINNEY HOMELESS ASSIST- BUMPERS (AND GRAHAM) carried out jointly with programs carried ANCE ACT.—The amendments made by sub- AMENDMENT NO. 3742 out under subtitle B of title I of the Work- section (e) shall take effect on July 1, 1999. force Investment Act of 1998, eligible individ- (B) JOB TRAINING PARTNERSHIP ACT.—The Mr. BUMPERS (for himself and Mr. uals shall be deemed to satisfy the require- amendments made by subsection (f) shall GRAHAM) proposed an amendment to ments of section 134 of such Act.’’. take effect on July 1, 2000. the bill, S. 442, supra; as follows: (26) OMNIBUS CRIME CONTROL AND SAFE (h) REFERENCES.— At the appropriate place, insert the follow- STREETS ACT OF 1968.—Section 1801(b)(3) of the (1) IN GENERAL.—Section 190 of the Work- ing new title: force Investment Act of 1998 is amended to Omnibus Crime Control and Safe Streets Act TITLE —CONSUMER PROTECTION TAX DISCLO- of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by read as follows: SURE striking ‘‘part B of title IV of the Job Train- ‘‘SEC. 190. REFERENCES. SEC. . DISCLOSURE REQUIREMENT. ing Partnership Act or’’. ‘‘(a) REFERENCES TO COMPREHENSIVE EM- (a) DISCLOSURE REQUIREMENT.—Any person (27) ENVIRONMENTAL PROGRAMS ASSISTANCE PLOYMENT AND TRAINING ACT.—Except as selling tangible personal property via the ACT OF 1984.—The second sentence of section otherwise specified, a reference in a Federal Internet who— 2(a) of the Environmental Programs Assist- law (other than a reference in a provision (1) delivers such property, or causes such ance Act of 1984 (42 U.S.C. 4368a(a)) is amend- amended by the Reading Excellence Act) to a property to be delivered, to a person in an- ed by striking ‘‘title IV of the Job Training provision of the Comprehensive Employment other State, and Partnership Act or’’. and Training Act— (2) does not collect and remit all applicable (28) DOMESTIC VOLUNTEER SERVICE ACT OF ‘‘(1) effective on the date of enactment of State and local sales taxes pertaining to the 1973.— this Act, shall be deemed to refer to the cor- sale and use of such property. (A) SECTION 103.—The second sentence of responding provision of the Job Training shall prominently display the notice de- section 103(d) of the Domestic Volunteer Partnership Act or of the Workforce Invest- scribed in subsection (b) on every other form Service Act of 1973 (42 U.S.C. 4953(d)) is ment Act of 1998; and available to a purchaser or prospective pur- amended to read as follows: ‘‘private indus- ‘‘(2) effective on July 1, 2000, shall be chaser. try council established under the Job Train- deemed to refer to the corresponding provi- (b) DISCLOSURE NOTICE.—The notice de- ing Partnership Act or’’. sion of the Workforce Investment Act of scribed in this subsection is as follows: (B) SECTION 109.—Subsections (c)(2) and 1998.’’. ‘‘NOTICE REGARDING TAXES: You may (d)(2) of section 109 of the Domestic Volun- ‘‘(b) REFERENCES TO JOB TRAINING PART- be required by your State or local govern- teer Service Act of 1973 (42 U.S.C. 4959) is NERSHIP ACT.—Except as otherwise specified, ment to pay sales or use tax on this pur- amended by striking ‘‘administrative enti- a reference in a Federal law (other than a chase. Such taxes are imposed in most ties designated to administer job training reference in this Act or a reference in a pro- States. Failure to pay such taxes could re- plans under the Job Training Partnership vision amended by the Reading Excellence sult in civil or criminal penalties. For infor- Act and’’. Act) to a provision of the Job Training Part- mation on your tax obligations, contact your (29) ENERGY CONSERVATION AND PRODUCTION nership Act— State taxation department.’’ ACT.—Section 414(b)(3) of the Energy Con- ‘‘(1) effective on the date of enactment of (c) REGULATORY AUTHORITY.—The Sec- servation and Production Act (42 U.S.C. this Act, shall be deemed to refer to that retary of Commerce shall issue and enforce 6864(b)(3)) is amended by striking ‘‘the Job provision or the corresponding provision of such regulations as are necessary to ensure Training Partnership Act or’’. the Workforce Investment Act of 1998; and compliance with this section, including regu- (30) NATIONAL ENERGY CONSERVATION POLICY ‘‘(2) effective on July 1, 2000, shall be lations as to what constitutes prominently ACT.—Section 233 of the National Energy deemed to refer to the corresponding provi- displaying a notice. Conservation Policy Act (42 U.S.C. 6873) is sion of the Workforce Investment Act of SEC. . PENALTIES. amended, in the matter preceding paragraph 1998.’’. Any person who willfully fails to include (1), by striking ‘‘the Job Training Partner- (2) EFFECTIVE DATE.—The amendment any notice under section ll shall be fined ship Act or’’. made by paragraph (1) shall take effect as if not more than $100 for each such failure. (31) COMMUNITY ECONOMIC DEVELOPMENT ACT included in the Workforce Investment Act of SEC. . DEFINITIONS. OF 1981.—Section 617(a)(3) of the Community 1998. For purposes of this title— Economic Development Act of 1981 (42 U.S.C. (3) CONFORMING AMENDMENT.—Section 199A (1) the term ‘‘use tax’’ means a tax im- 9806(a)(3)) is amended by striking ‘‘the Job of such Act is amended by striking sub- posed on or incident to the use, storage, con- Training Partnership Act or’’. section (c). sumption, distribution, or other use within a (32) STEWART B. MCKINNEY HOMELESS AS- f State or local jurisdiction or other area of a SISTANCE ACT.—Section 103(b)(2) of the Stew- State, of tangible personal property, art B. McKinney Homeless Assistance Act (42 INTERNET TAX FREEDOM ACT (2) the term ‘‘local sales tax’’ means a sales U.S.C. 11302(b)(2)) is amended by striking tax imposed in a local jurisdiction or area of ‘‘the Job Training Partnership Act or’’. a State and includes, but is not limited to— (33) NATIONAL AND COMMUNITY SERVICE ACT HUTCHINSON (AND MCCAIN) (A) a sales tax or in-lieu fee imposed in a OF 1990.— AMENDMENT NO. 3741 local jurisdiction or area of a State by the (A) SECTION 198C.—Section 198C(e)(1)(B) of State on behalf of such jurisdiction or area, the National and Community Service Act of (Ordered to lie on the table.) and 1990 (42 U.S.C. 12653c(e)(1)(C)) is amended by Mr. HUTCHINSON (for himself and (B) a sales tax imposed by a local jurisdic- striking clause (iii) and inserting the follow- Mr. MCCAIN) submitted an amendment tion or other State-authorized entity pursu- ing: intended to be proposed by them to the ant to the authority of State law, local law, ‘‘(iii) an individual described in section 144 bill (S. 442) to establish a national pol- or both, of the Workforce Investment Act of 1998.’’. icy against State and local government (3) the term ‘‘person’’ means an individual, (B) SECTION 199L.—Section 199L(a) of the a trust, estate, partnership, society, associa- National and Community Service Act of 1990 interference with interstate commerce tion, company (including a limited liability (42 U.S.C. 12655m(a)) is amended by striking on the Internet or interactive com- company), or corporation, whether or not ‘‘the Job Training Partnership Act and’’. puter services, and to exercise Congres- acting in a fiduciary or representative capac- (34) CRANSTON-GONZALEZ NATIONAL AFFORD- sional jurisdiction over interstate com- ity, and any combination thereof, ABLE HOUSING ACT.—Subparagraphs (H) and merce by establishing a moratorium on (4) the term ‘‘sales tax’’ means a tax, in- (M) of subsection (c)(2), and subsection (d)(7), the imposition of exactions that would cluding use tax, that is— of section 454 of the Cranston-Gonzalez Na- interfere with the free flow of com- (A) imposed on or incident to the sale, pur- tional Affordable Housing Act (42 U.S.C. chase, storage, consumption, distribution, or 12899c) are amended by striking ‘‘the Job merce via the Internet, and for other other use of tangible personal property as Training Partnership Act and’’. purposes; as follows: may be defined or specified under the laws (35) VIOLENT CRIME CONTROL AND LAW EN- On page 24, strike line 5 and insert the fol- imposing such tax, and FORCEMENT ACT OF 1994.—Section 31113(a)(4)(C) lowing: communications services; and (B) measured by the amount of the sale of the Violent Crime Control and Law En- (F) an examination of the effects of tax- price, cost, charge, or other value of or for forcement Act of 1994 (42 U.S.C. ation, including the absence of taxation, on such property, and October 6, 1998 CONGRESSIONAL RECORD — SENATE S11601 (5) the term ‘‘State’’ means any of the sev- ‘‘(A) consists of 15 individuals appointed by equal to the grant or grants awarded under eral States of the United States, the District the President of Portland State University; this title plus an amount equal to the of Columbia, the Commonwealth of Puerto and matching funds required under section Rico, and any territory or possession of the ‘‘(B) is established in accordance with this ll02(d). United States. section. (3) ENDOWMENT FUND INCOME.—The term SEC. . EFFECTIVE DATE. (2) APPOINTMENTS.—Of the individuals ap- ‘‘endowment fund income’’ means an amount This title shall take effect 180 days after pointed under paragraph (1)(A)— equal to the total value of the endowment the date of enactment of this Act. In no (A) Portland State University, Willamette fund minus the endowment fund corpus. event shall this Act apply to any sale occur- University, the Constitution Project, George (4) INSTITUTE.—The term ‘‘Institute’’ ring before such effective date. Fox University, Warner Pacific University, means the Paul Simon Public Policy Insti- and Oregon Health Sciences University shall tute described in section ll02. FRIST (AND OTHERS) AMENDMENT each have a representative; (5) SECRETARY.—The term ‘‘Secretary’’ NO. 3743 (B) at least 1 shall represent Mark O. Hat- means the Secretary of Education. field, his family, or a designee thereof; (6) UNIVERSITY.—The term ‘‘University’’ Mr. MCCAIN (for Mr. FRIST for him- (C) at least 1 shall have expertise in ele- means Southern Illinois University at self, Mr. THOMPSON, Mr. DEWINE, Mr. mentary and secondary school social Carbondale, Illinois. JEFFORDS, and Mr. SMITH of Oregon) sciences or governmental studies; SEC. ll02. PROGRAM AUTHORIZED. proposed an amendment to the bill, S. (D) at least 2 shall be representative of (a) GRANTS.—From the funds appropriated 442, supra; as follows: business or government and reside outside of under section ll06, the Secretary is author- Oregon; ized to award a grant to Southern Illinois At the end add the following: (E) at least 1 shall be an elected official; University for the establishment of an en- TITLE ll—OREGON INSTITUTE OF PUB- and dowment fund to support the Paul Simon LIC SERVICE AND CONSTITUTIONAL (F) at least 3 shall be leaders in the private Public Policy Institute. The Secretary may STUDIES sector. enter into agreements with the University SEC. ll01. DEFINITIONS. (3) EX-OFFICIO MEMBER.—The Director of and include in any agreement made pursuant In this title: the Mark O. Hatfield School of Government to this title such provisions as are deter- (1) ENDOWMENT FUND.—The term ‘‘endow- at Portland State University shall serve as mined necessary by the Secretary to carry ment fund’’ means a fund established by an ex-officio member of the Leadership out this title. Portland State University for the purpose of Council. (b) DUTIES.—In order to receive a grant generating income for the support of the In- (b) CHAIRPERSON.— under this title, the University shall estab- stitute. (1) IN GENERAL.—The President of Portland lish the Institute. The Institute, in addition (2) INSTITUTE.—The term ‘‘Institute’’ State University shall designate 1 of the in- to recognizing more than 40 years of public means the Oregon Institute of Public Service dividuals first appointed to the Leadership service to Illinois, to the Nation, and to the and Constitutional Studies established under Council under subsection (a) as the Chair- world, shall engage in research, analysis, de- this title. person of the Leadership Council. The indi- bate, and policy recommendations affecting (3) SECRETARY.—The term ‘‘Secretary’’ vidual so designated shall serve as Chair- world hunger, mass media, foreign policy, means the Secretary of Education. person for 1 year. education, and employment. SEC. ll02. OREGON INSTITUTE OF PUBLIC (2) REQUIREMENT.—Upon the expiration of (c) DEPOSIT INTO ENDOWMENT FUND.—The SERVICE AND CONSTITUTIONAL the term of the Chairperson of the individual University shall deposit the proceeds of any STUDIES. designated as Chairperson under paragraph grant received under this section into the en- From the funds appropriated under section (1), or the term of the Chairperson elected dowment fund. ll06, the Secretary is authorized to award under this paragraph, the members of the (d) MATCHING FUNDS REQUIREMENT.—The a grant to Portland State University at Leadership Council shall elect a Chairperson University may receive a grant under this Portland, Oregon, for the establishment of of the Leadership Council from among the section only if the University has deposited an endowment fund to support the Oregon members of the Leadership Council. in the endowment fund established under Institute of Public Service and Constitu- SEC. ll05. ENDOWMENT FUND. this title an amount equal to one-third of tional Studies at the Mark O. Hatfield (a) MANAGEMENT.—The endowment fund such grant and has provided adequate assur- School of Government at Portland State shall be managed in accordance with the ances to the Secretary that the University University. standard endowment policies established by will administer the endowment fund in ac- SEC. ll03. DUTIES. the Oregon University System. cordance with the requirements of this title. In order to receive a grant under this title (b) USE OF INTEREST AND INVESTMENT IN- The source of the funds for the University the Portland State University shall establish COME.—Interest and other investment in- match shall be derived from State, private the Institute. The Institute shall have the come earned (on or after the date of enact- foundation, corporate, or individual gifts or following duties: ment of this subsection) from the endow- bequests, but may not include Federal funds (1) To generate resources, improve teach- ment fund may be used to carry out the du- or funds derived from any other federally ing, enhance curriculum development, and ties of the Institute under section ll03. supported fund. further the knowledge and understanding of (c) DISTRIBUTION OF INTEREST AND INVEST- (e) DURATION; CORPUS RULE.—The period of students of all ages about public service, the MENT INCOME.—Funds realized from interest any grant awarded under this section shall United States Government, and the Con- and other investment income earned (on or not exceed 20 years, and during such period stitution of the United States of America. after the date of enactment of this sub- the University shall not withdraw or expend (2) To increase the awareness of the impor- section) shall be spent by Portland State any of the endowment fund corpus. Upon ex- tance of public service, to foster among the University in collaboration with Willamette piration of the grant period, the University youth of the United States greater recogni- University, George Fox University, the Con- may use the endowment fund corpus, plus tion of the role of public service in the devel- stitution Project, Warner Pacific University, any endowment fund income for any edu- opment of the United States, and to promote Oregon Health Sciences University, and cational purpose of the University. public service as a career choice. other appropriate educational institutions or SEC. ll03. INVESTMENTS. (3) To establish a Mark O. Hatfield Fellows community-based organizations. In expend- (a) IN GENERAL.—The University shall in- program for students of government, public ing such funds, the Leadership Council shall vest the endowment fund corpus and endow- policy, public health, education, or law who encourage programs to establish partner- ment fund income in those low-risk instru- have demonstrated a commitment to public ships, to leverage private funds, and to ments and securities in which a regulated in- service through volunteer activities, re- match expenditures from the endowment surance company may invest under the laws search projects, or employment. fund. of the State of Illinois, such as federally in- (4) To create library and research facilities SEC. ll06. AUTHORIZATION OF APPROPRIA- sured bank savings accounts or comparable for the collection and compilation of re- TIONS. interest bearing accounts, certificates of de- search materials for use in carrying out pro- There is authorized to be appropriated to posit, money market funds, or obligations of grams of the Institute. carry out this title $3,000,000 for fiscal year the United States. (5) To support the professional develop- 1999. (b) JUDGMENT AND CARE.—The University, ment of elected officials at all levels of gov- TITLE ll—PAUL SIMON PUBLIC POLICY in investing the endowment fund corpus and ernment. INSTITUTE endowment fund income, shall exercise the SEC. ll04. ADMINISTRATION. SEC. ll01. DEFINITIONS. judgment and care, under circumstances (a) LEADERSHIP COUNCIL.— In this title: then prevailing, which a person of prudence, (1) IN GENERAL.—In order to receive a grant (1) ENDOWMENT FUND.—The term ‘‘endow- discretion, and intelligence would exercise in under this title Portland State University ment fund’’ means a fund established by the the management of the person’s own busi- shall ensure that the Institute operates University for the purpose of generating in- ness affairs. under the direction of a Leadership Council come for the support of the Institute. SEC. ll04. WITHDRAWALS AND EXPENDITURES. (in this title referred to as the ‘‘Leadership (2) ENDOWMENT FUND CORPUS.—The term (a) IN GENERAL.—The University may with- Council’’) that— ‘‘endowment fund corpus’’ means an amount draw and expend the endowment fund income S11602 CONGRESSIONAL RECORD — SENATE October 6, 1998 to defray any expenses necessary to the oper- 1999. Funds appropriated under this section demic Affairs, of the University shall des- ation of the Institute, including expenses of shall remain available until expended. ignate 1 of the individuals first appointed to operations and maintenance, administration, TITLE ll—HOWARD BAKER SCHOOL OF the Board under subsection (a) as the Chair- academic and support personnel, construc- GOVERNMENT person of the Board. The individual so des- tion and renovation, community and student ignated shall serve as Chairperson for 1 year. SEC. ll01. DEFINITIONS. services programs, technical assistance, and (2) REQUIREMENTS.—Upon the expiration of research. No endowment fund income or en- In this title: the term of the Chairperson of the individual dowment fund corpus may be used for any (1) BOARD.—The term ‘‘Board’’ means the designated as Chairperson under paragraph type of support of the executive officers of Board of Advisors established under section (1) or the term of the Chairperson elected ll the University or for any commercial enter- 04. under this paragraph, the members of the prise or endeavor. Except as provided in sub- (2) ENDOWMENT FUND.—The term ‘‘endow- Board shall elect a Chairperson of the Board section (b), the University shall not, in the ment fund’’ means a fund established by the from among the members of the Board. University of Tennessee in Knoxville, Ten- aggregate, withdraw or expend more than 50 SEC. ll05. ENDOWMENT FUND. percent of the total aggregate endowment nessee, for the purpose of generating income (a) MANAGEMENT.—The endowment fund for the support of the School. fund income earned prior to the time of shall be managed in accordance with the withdrawal or expenditure. (3) SCHOOL.—The term ‘‘School’’ means the standard endowment policies established by (b) SPECIAL RULE.—The Secretary is au- Howard Baker School of Government estab- thorized to permit the University to with- the University of Tennessee System. lished under this title. (b) USE OF INTEREST AND INVESTMENT IN- draw or expend more than 50 percent of the ECRETARY (4) S .—The term ‘‘Secretary’’ COME.—Interest and other investment in- total aggregate endowment fund income means the Secretary of Education. whenever the University demonstrates such come earned (on or after the date of enact- (5) UNIVERSITY.—The term ‘‘University’’ ment of this subsection) from the endow- withdrawal or expenditure is necessary be- means the University of Tennessee in Knox- cause of— ment fund may be used to carry out the du- ville, Tennessee. ll (1) a financial emergency, such as a pend- ties of the School under section 03. SEC. ll02. HOWARD BAKER SCHOOL OF GOV- (c) DISTRIBUTION OF INTEREST AND INVEST- ing insolvency or temporary liquidity prob- ERNMENT. MENT INCOME.—Funds realized from interest lem; From the funds authorized to be appro- (2) a life-threatening situation occasioned and other investment income earned (on or priated under section ll06, the Secretary is after the date of enactment of this sub- by a natural disaster or arson; or authorized to award a grant to the Univer- (3) another unusual occurrence or exigent section) shall be available for expenditure by sity for the establishment of an endowment circumstance. the University for purposes consistent with fund to support the Howard Baker School of ll (c) REPAYMENT.— section 03, as recommended by the Board. Government at the University of Tennessee (1) INCOME.—If the University withdraws or The Board shall encourage programs to es- expends more than the endowment fund in- in Knoxville, Tennessee. tablish partnerships, to leverage private come authorized by this section, the Univer- SEC. ll03. DUTIES. funds, and to match expenditures from the sity shall repay the Secretary an amount In order to receive a grant under this title, endowment fund. equal to one-third of the amount improperly the University shall establish the School. SEC. ll06. AUTHORIZATION OF APPROPRIA- expended (representing the Federal share The School shall have the following duties: TIONS. thereof). (1) To establish a professorship to improve There is authorized to be appropriated to (2) CORPUS.—Except as provided in section teaching and research related to, enhance carry out this title $10,000,000 for fiscal year ll02(e)— the curriculum of, and further the knowledge 2000. (A) the University shall not withdraw or and understanding of, the study of demo- TITLE ll—JOHN GLENN INSTITUTE FOR expend any endowment fund corpus; and cratic institutions, including aspects of re- PUBLIC SERVICE AND PUBLIC POLICY (B) if the University withdraws or expends gional planning, public administration, and SEC. ll01. DEFINITIONS. any endowment fund corpus, the University public policy. In this title: shall repay the Secretary an amount equal (2) To establish a lecture series to increase (1) ENDOWMENT FUND.—The term ‘‘endow- to one-third of the amount withdrawn or ex- the knowledge and awareness of the major ment fund’’ means a fund established by the pended (representing the Federal share public issues of the day in order to enhance University for the purpose of generating in- thereof) plus any endowment fund income informed citizen participation in public af- come for the support of the Institute. earned thereon. fairs. (2) ENDOWMENT FUND CORPUS.—The term SEC. ll05. ENFORCEMENT. (3) To establish a fellowship program for ‘‘endowment fund corpus’’ means an amount (a) IN GENERAL.—After notice and an op- students of government, planning, public ad- equal to the grant or grants awarded under portunity for a hearing, the Secretary is au- ministration, or public policy who have dem- this title plus an amount equal to the thorized to terminate a grant and recover onstrated a commitment and an interest in matching funds required under section any grant funds awarded under this section pursuing a career in public affairs. ll02(d). if the University— (4) To provide appropriate library mate- (3) ENDOWMENT FUND INCOME.—The term (1) withdraws or expends any endowment rials and appropriate research and instruc- ‘‘endowment fund income’’ means an amount fund corpus, or any endowment fund income tional equipment for use in carrying out aca- equal to the total value of the endowment in excess of the amount authorized by sec- demic and public service programs, and to fund minus the endowment fund corpus. ll tion 04, except as provided in section enhance the existing United States Presi- (4) INSTITUTE.—The term ‘‘Institute’’ ll 02(e); dential and public official manuscript collec- means the John Glenn Institute for Public (2) fails to invest the endowment fund cor- tions. Service and Public Policy described in sec- pus or endowment fund income in accordance (5) To support the professional develop- tion ll02. with the investment requirements described ment of elected officials at all levels of gov- (5) SECRETARY.—The term ‘‘Secretary’’ ll in section 03; or ernment. means the Secretary of Education. (3) fails to account properly to the Sec- SEC. ll04. ADMINISTRATION. (6) UNIVERSITY.—The term ‘‘University’’ retary, or the General Accounting Office if (a) BOARD OF ADVISORS.— means the Ohio State University at Colum- properly designated by the Secretary to con- (1) IN GENERAL.—The School shall operate bus, Ohio. duct an audit of funds made available under with the advice and guidance of a Board of ll this title, pursuant to such rules and regula- SEC. 02. PROGRAM AUTHORIZED. Advisors consisting of 13 individuals ap- tions as may be proscribed by the Comptrol- (a) GRANTS.—From the funds appropriated pointed by the Vice Chancellor for Academic ll ler General of the United States, concerning under section 06, the Secretary is author- Affairs of the University. investments and expenditures of the endow- ized to award a grant to the Ohio State Uni- (2) APPOINTMENTS.—Of the individuals ap- ment fund corpus or endowment fund in- versity for the establishment of an endow- pointed under paragraph (1)— come. ment fund to support the John Glenn Insti- (b) TERMINATION.—If the Secretary termi- (A) 5 shall represent the University; tute for Public Service and Public Policy. nates a grant under subsection (a), the Uni- (B) 2 shall represent Howard Baker, his The Secretary may enter into agreements versity shall return to the Treasury of the family, or a designee thereof; with the University and include in any United States an amount equal to the sum of (C) 5 shall be representative of business or agreement made pursuant to this title such the original grant or grants under this title, government; and provisions as are determined necessary by plus any endowment fund income earned (D) 1 shall be the Governor of Tennessee, or the Secretary to carry out this title. thereon. The Secretary may direct the Uni- the Governor’s designee. (b) PURPOSES.—The Institute shall have versity to take such other appropriate meas- (3) EX OFFICIO MEMBERS.—The Vice Chan- the following purposes: ures to remedy any violation of this title and cellor for Academic Affairs and the Dean of (1) To sponsor classes, internships, commu- to protect the financial interest of the the College of Arts and Sciences at the Uni- nity service activities, and research projects United States. versity shall serve as an ex officio member of to stimulate student participation in public SEC. ll06. AUTHORIZATION OF APPROPRIA- the Board. service, in order to foster America’s next TIONS. (b) CHAIRPERSON.— generation of leaders. There is authorized to be appropriated to (1) IN GENERAL.—The Chancellor, with the (2) To conduct scholarly research in con- carry out this title $3,000,000 for fiscal year concurrence of the Vice Chancellor for Aca- junction with public officials on significant October 6, 1998 CONGRESSIONAL RECORD — SENATE S11603 issues facing society and to share the results (1) a financial emergency, such as a pend- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of such research with decisionmakers and ing insolvency or temporary liquidity prob- (a) SHORT TITLE.—This Act may be cited as legislators as the decisionmakers and legis- lem; the ‘‘Africa: Seeds of Hope Act of 1998’’. lators address such issues. (2) a life-threatening situation occasioned (b) TABLE OF CONTENTS.—The table of con- (3) To offer opportunities to attend semi- by a natural disaster or arson; or tents is as follows: nars on such topics as budgeting and finance, (3) another unusual occurrence or exigent Sec. 1. Short title; table of contents. ethics, personnel management, policy eval- circumstance. Sec. 2. Findings and declaration of policy. uations, and regulatory issues that are de- (c) REPAYMENT.— TITLE I—ASSISTANCE FOR SUB- signed to assist public officials in learning (1) INCOME.—If the University withdraws or SAHARAN AFRICA more about the political process and to ex- expends more than the endowment fund in- pand the organizational skills and policy- come authorized by this section, the Univer- Sec. 101. Africa Food Security Initiative. making abilities of such officials. sity shall repay the Secretary an amount Sec. 102. Microenterprise assistance. (4) To educate the general public by spon- equal to one-third of the amount improperly Sec. 103. Support for producer-owned cooper- soring national conferences, seminars, publi- expended (representing the Federal share ative marketing associations. cations, and forums on important public thereof). Sec. 104. Agricultural and rural development issues. (2) CORPUS.—Except as provided in section activities of the Overseas Pri- (5) To provide access to Senator John ll02(e)— vate Investment Corporation. Glenn’s extensive collection of papers, policy (A) the University shall not withdraw or Sec. 105. Agricultural research and exten- decisions, and memorabilia, enabling schol- expend any endowment fund corpus; and sion activities. ars at all levels to study the Senator’s work. (B) if the University withdraws or expends TITLE II—WORLDWIDE FOOD ASSIST- (c) DEPOSIT INTO ENDOWMENT FUND.—The any endowment fund corpus, the University ANCE AND AGRICULTURAL PROGRAMS University shall deposit the proceeds of any shall repay the Secretary an amount equal Subtitle A—Nonemergency Food Assistance grant received under this section into the en- to one-third of the amount withdrawn or ex- Programs dowment fund. pended (representing the Federal share Sec. 201. Nonemergency food assistance pro- (d) MATCHING FUNDS REQUIREMENT.—The thereof) plus any endowment fund income grams. University may receive a grant under this earned thereon. section only if the University has deposited Subtitle B—Bill Emerson Humanitarian SEC. ll05. ENFORCEMENT. in the endowment fund established under Trust Act of 1998 (a) IN GENERAL.—After notice and an op- this title an amount equal to one-third of portunity for a hearing, the Secretary is au- Sec. 211. Short title. such grant and has provided adequate assur- thorized to terminate a grant and recover Sec. 212. Amendments to the Food Security ances to the Secretary that the University Commodity Reserve Act of 1996. will administer the endowment fund in ac- any grant funds awarded under this section cordance with the requirements of this title. if the University— Subtitle C—International Fund for The source of the funds for the University (1) withdraws or expends any endowment Agricultural Development match shall be derived from State, private fund corpus, or any endowment fund income Sec. 221. Review of the International Fund foundation, corporate, or individual gifts or in excess of the amount authorized by sec- for Agricultural Development. tion ll04, except as provided in section bequests, but may not include Federal funds TITLE III—MISCELLANEOUS PROVISIONS ll02(e); or funds derived from any other federally Sec. 301. Report. supported fund. (2) fails to invest the endowment fund cor- (e) DURATION; CORPUS RULE.—The period of pus or endowment fund income in accordance SEC. 2. FINDINGS AND DECLARATION OF POLICY. any grant awarded under this section shall with the investment requirements described (a) FINDINGS.—Congress finds the follow- not exceed 20 years, and during such period in section ll03; or ing: the University shall not withdraw or expend (3) fails to account properly to the Sec- (1) The economic, security, and humani- any of the endowment fund corpus. Upon ex- retary, or the General Accounting Office if tarian interests of the United States and the piration of the grant period, the University properly designated by the Secretary to con- nations of sub-Saharan Africa would be en- may use the endowment fund corpus, plus duct an audit of funds made available under hanced by sustainable, broad-based agricul- any endowment fund income for any edu- this title, pursuant to such rules and regula- tural and rural development in each of the cational purpose of the University. tions as may be prescribed by the Comptrol- African nations. SEC. ll03. INVESTMENTS. ler General of the United States, concerning (2) According to the Food and Agriculture (a) IN GENERAL.—The University shall in- investments and expenditures of the endow- Organization, the number of undernourished vest the endowment fund corpus and endow- ment fund corpus or endowment fund in- people in Africa has more than doubled, from ment fund income in accordance with the come. approximately 100,000,000 in the late 1960s to University’s investment policy approved by (b) TERMINATION.—If the Secretary termi- 215,000,000 in 1998, and is projected to in- the Ohio State University Board of Trustees. nates a grant under subsection (a), the Uni- crease to 265,000,000 by the year 2010. Accord- (b) JUDGMENT AND CARE.—The University, versity shall return to the Treasury of the ing to the Food and Agriculture Organiza- in investing the endowment fund corpus and United States an amount equal to the sum of tion, the term ‘‘under nutrition’’ means in- endowment fund income, shall exercise the the original grant or grants under this title, adequate consumption of nutrients, often ad- judgment and care, under circumstances plus any endowment fund income earned versely affecting children’s physical and then prevailing, which a person of prudence, thereon. The Secretary may direct the Uni- mental development, undermining their fu- discretion, and intelligence would exercise in versity to take such other appropriate meas- ture as productive and creative members of the management of the person’s own busi- ures to remedy any violation of this title and their communities. ness affairs. to protect the financial interest of the (3) Currently, agricultural production in SEC. ll04. WITHDRAWALS AND EXPENDITURES. United States. Africa employs about two-thirds of the work- (a) IN GENERAL.—The University may with- SEC. ll06. AUTHORIZATION OF APPROPRIA- force but produces less than one-fourth of draw and expend the endowment fund income TIONS. the gross domestic product in sub-Saharan to defray any expenses necessary to the oper- There is authorized to be appropriated to Africa, according to the World Bank Group. ation of the Institute, including expenses of carry out this title $6,000,000 for fiscal year (4) African women produce up to 80 percent operations and maintenance, administration, 2000. Funds appropriated under this section of the total food supply in Africa according academic and support personnel, construc- shall remain available until expended. to the International Food Policy Research tion and renovation, community and student f Institute. services programs, technical assistance, and (5) An effective way to improve conditions research. No endowment fund income or en- AFRICA: SEEDS OF HOPE ACT OF of the poor is to increase the productivity of dowment fund corpus may be used for any 1998 the agricultural sector. Productivity in- type of support of the executive officers of creases can be fostered by increasing re- the University or for any commercial enter- search and education in agriculture and prise or endeavor. Except as provided in sub- DEWINE AMENDMENT NO. 3744 rural development. section (b), the University shall not, in the (6) In November 1996, the World Food Sum- aggregate, withdraw or expend more than 50 (Ordered to lie on the table.) mit set a goal of reducing hunger worldwide percent of the total aggregate endowment Mr. DEWINE submitted an amend- by 50 percent by the year 2015 and encour- fund income earned prior to the time of ment intended to be proposed by him aged national governments to develop do- withdrawal or expenditure. to the bill (H.R. 4283) to support sus- mestic food plans and to support inter- (b) SPECIAL RULE.—The Secretary is au- tainable and broad-based agricultural national aid efforts. thorized to permit the University to with- and rural development in sub-Saharan (7) Although the World Bank Group re- draw or expend more than 50 percent of the cently has launched a major initiative to total aggregate endowment fund income Africa, and for other purposes; as fol- support agricultural and rural development, whenever the University demonstrates such lows: only 10 percent, or $1,200,000,000, of its total withdrawal or expenditure is necessary be- Strike all after the enacting clause and in- lending to sub-Saharan Africa for fiscal cause of— sert the following: years 1993 to 1997 was devoted to agriculture. S11604 CONGRESSIONAL RECORD — SENATE October 6, 1998 (8)(A) United States food processing and ately increase resources to the Africa Food ticularly with United States nongovern- agricultural sectors benefit greatly from the Security Initiative, or any comparable or mental organizations and United States liberalization of global trade and increased successor program, for fiscal year 2000 and land-grant universities, that have dem- exports. subsequent fiscal years in order to meet the onstrated expertise in the development and (B) Africa represents a growing market for needs of the countries participating in such promotion of successful private producer- United States food and agricultural prod- Initiative. owned cooperative marketing associations; ucts. Africa’s food imports are projected to SEC. 102. MICROENTERPRISE ASSISTANCE. and rise from less than 8,000,000 metric tons in (a) BILATERAL ASSISTANCE.—In providing (B) to facilitate partnerships between 1990 to more than 25,000,000 metric tons by microenterprise assistance for sub-Saharan United States and African cooperatives and the 2020. Africa, the Administrator of the United private businesses to enhance the capacity (9)(A) Increased private sector investment States Agency for International Develop- and technical and marketing expertise of in African countries and expanded trade be- ment shall, to the extent practicable, use business associations in sub-Saharan Africa. tween the United States and Africa can credit and microcredit assistance to improve SEC. 104. AGRICULTURAL AND RURAL DEVELOP- greatly help African countries achieve food the capacity and efficiency of agriculture self-sufficiency and graduate from depend- MENT ACTIVITIES OF THE OVER- production in sub-Saharan Africa of small- SEAS PRIVATE INVESTMENT COR- ency on international assistance. scale farmers and small rural entrepreneurs. PORATION. (B) Development assistance, technical as- In providing assistance, the Administrator sistance, and training can facilitate and en- should use the applied research and technical (a) PURPOSE.—The purpose of this section courage commercial development in Africa, assistance capabilities of United States land- is to encourage the Overseas Private Invest- such as improving rural roads, agricultural grant universities. ment Corporation to work with United research and extension, and providing access (b) MULTILATERAL ASSISTANCE.— States businesses and other United States to credit and other resources. (1) IN GENERAL.—The Administrator of the entities to invest in rural sub-Saharan Afri- (10)(A) Several United States private vol- United States Agency for International De- ca, particularly in ways that will develop the untary organizations have demonstrated suc- velopment shall continue to work with other capacities of small-scale farmers and small cess in empowering Africans through direct countries, international organizations (in- rural entrepreneurs, including women, in business ownership and helping African agri- cluding multilateral development institu- sub-Saharan Africa. cultural producers more efficiently and di- tions), and entities assisting microenter- rectly market their products. prises and shall develop a comprehensive and (b) SENSE OF CONGRESS.—It is the sense of (B) Rural business associations, owned and coordinated strategy for providing micro- Congress that— controlled by farmer shareholders, also enterprise assistance for sub-Saharan Africa. (1) the Overseas Private Investment Cor- greatly help agricultural producers to in- (2) ADDITIONAL REQUIREMENT.—In carrying poration should exercise its authority under crease their household incomes. out paragraph (1), the Administrator should law to undertake an initiative to support (b) DECLARATION OF POLICY.—It is the pol- encourage the World Bank Consultative private agricultural and rural development icy of the United States, consistent with Group to Assist the Poorest to coordinate in sub-Saharan Africa, including issuing title XII of part I of the Foreign Assistance the strategy described in such paragraph. loans, guaranties, and insurance, to support Act of 1961, to support governments of sub- SEC. 103. SUPPORT FOR PRODUCER-OWNED CO- rural development in sub-Saharan Africa, Saharan African countries, United States OPERATIVE MARKETING ASSOCIA- particularly to support intermediary organi- and African nongovernmental organizations, TIONS. zations that— universities, businesses, and international (a) PURPOSES.—The purposes of this section (A) directly serve the needs of small-scale agencies, to help ensure the availability of are— farmers, small rural entrepreneurs, and rural basic nutrition and economic opportunities (1) to support producer-owned cooperative producer-owned cooperative purchasing and for individuals in sub-Saharan Africa, purchasing and marketing associations in marketing associations; through sustainable agriculture and rural sub-Saharan Africa; (B) have a clear track-record of support for development. (2) to strengthen the capacity of farmers in sound business management practices; and TITLE I—ASSISTANCE FOR SUB-SAHARAN sub-Saharan Africa to participate in na- (C) have demonstrated experience with AFRICA tional and international private markets and participatory development methods; and SEC. 101. AFRICA FOOD SECURITY INITIATIVE. to promote rural development in sub-Saha- (2) the Overseas Private Investment Cor- (a) ADDITIONAL REQUIREMENTS IN CARRYING ran Africa; poration should utilize existing equity funds, OUT THE INITIATIVE.—In providing develop- (3) to encourage the efforts of farmers in loan and insurance funds, to the extent fea- ment assistance under the Africa Food Secu- sub-Saharan Africa to increase their produc- sible and in accordance with existing con- rity Initiative, or any comparable or succes- tivity and income through improved access tractual obligations, to support agriculture sor program, the Administrator of the to farm supplies, seasonal credit, technical and rural development in sub-Saharan Afri- United States Agency for International De- expertise; and ca. velopment— (4) to support small businesses in sub-Sa- (1) shall emphasize programs and projects haran Africa as they grow beyond micro- SEC. 105. AGRICULTURAL RESEARCH AND EXTEN- that improve the food security of infants, enterprises. SION ACTIVITIES. young children, school-age children, women (b) SUPPORT FOR PRODUCER-OWNED COOPER- (a) DEVELOPMENT OF PLAN.—The Adminis- and food-insecure households, or that im- ATIVE MARKETING ASSOCIATIONS.— trator of the United States Agency for Inter- prove the agricultural productivity, in- (1) ACTIVITIES.— national Development, in consultation with comes, and marketing of the rural poor in (A) IN GENERAL.—The Administrator of the the Secretary of Agriculture and appropriate Africa; United States Agency for International De- Department of Agriculture agencies, espe- (2) shall solicit and take into consideration velopment is authorized to utilize relevant cially the Cooperative State, Research, Edu- the views and needs of intended beneficiaries foreign assistance programs and initiatives and program participants during the selec- for sub-Saharan Africa to support private cation and Extension Service (CSREES), tion, planning, implementation, and evalua- producer-owned cooperative marketing asso- shall develop a comprehensive plan to co- tion phases of projects; ciations in sub-Saharan Africa, including ordinate and build on the research and ex- (3) shall favor countries that are imple- rural business associations that are owned tension activities of United States land- menting reforms of their trade and invest- and controlled by farmer shareholders. grant universities, international agricultural ment laws and regulations in order to en- (B) ADDITIONAL REQUIREMENTS.—In carry- research centers, and national agricultural hance free market development in the food ing out subparagraph (A), the Adminis- research and extension centers in sub-Saha- processing and agricultural sectors; and trator— ran Africa. (4) shall ensure that programs are designed (i) shall take into account small-scale and conducted in cooperation with African farmers, small rural entrepreneurs, and rural (b) ADDITIONAL REQUIREMENTS.—Such plan and United States organizations and institu- workers and communities; and shall seek to ensure that— tions, such as private and voluntary organi- (ii) shall take into account the local-level (1) research and extension activities will zations, cooperatives, land-grant and other perspectives of the rural and urban poor respond to the needs of small-scale farmers appropriate universities, and local producer- through close consultation with these while developing the potential and skills of owned cooperative marketing and buying as- groups, consistent with section 496(e)(1) of researchers, extension agents, farmers, and sociations, that have expertise in addressing the Foreign Assistance Act of 1961 (22 U.S.C. agribusiness persons in sub-Saharan Africa; the needs of the poor, small-scale farmers, 2293(e)(1)). (2) sustainable agricultural methods of entrepreneurs, and rural workers, including (2) OTHER ACTIVITIES.—In addition to carry- farming will be considered together with new women. ing out paragraph (1), the Administrator is technologies in increasing agricultural pro- (b) SENSE OF CONGRESS.—It is the sense of encouraged— ductivity in sub-Saharan Africa; and Congress that, if there is an increase in fund- (A) to cooperate with governments of for- (3) research and extension efforts will focus ing for sub-Saharan programs, the Adminis- eign countries, including governments of po- on sustainable agricultural practices and trator of the United States Agency for Inter- litical subdivisions of such countries, their will be adapted to widely varying climates national Development should proportion- agricultural research universities, and par- within sub-Saharan Africa. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11605 TITLE II—WORLDWIDE FOOD ASSISTANCE ‘‘(ii) from funds authorized for that use by 103, 105, and 201 of this Act, the steps that AND AGRICULTURAL PROGRAMS an appropriations Act.’’; have been taken toward such implementa- Subtitle A—Nonemergency Food Assistance (2) in subsection (c)(2)— tion, and an estimate of all amounts ex- Programs (A) by striking ‘‘ASSISTANCE.—Notwith- pended or to be expended on related activi- standing’’ and inserting the following: ‘‘AS- ties during the current and previous 4 fiscal SEC. 201. NONEMERGENCY FOOD ASSISTANCE SISTANCE.— years. PROGRAMS. ‘‘(A) IN GENERAL.—Notwithstanding’’; and (a) IN GENERAL.—In providing non- f (B) by adding at the end the following: emergency assistance under title II of the ‘‘(B) LIMITATION.—The Secretary may re- Agricultural Trade Development and Assist- INTERNET TAX FREEDOM ACT lease eligible commodities under subpara- ance Act of 1954 (7 U.S.C. 1721 et seq.), the graph (A) only to the extent such release is Administrator of the United States Agency consistent with maintaining the long-term for International Development shall ensure SHELBY AMENDMENTS NOS. 3745– value of the trust.’’; that— (3) in subsection (d)— 3746 (1) in planning, decisionmaking, and imple- (A) in paragraph (1), by striking ‘‘and’’ at mentation in providing such assistance, the (Ordered to lie on the table.) the end; Administrator takes into consideration local Mr. SHELBY submitted two amend- (B) in paragraph (2), by striking the period input and participation directly and through ments intended to be proposed by him at the end and inserting ‘‘; and’’; and United States and indigenous private and to amendment No. 3685 submitted by (C) by adding at the end the following: voluntary organizations; ‘‘(3) subject to the need for release of com- him to the bill, S. 442, supra; as fol- (2) each of the nonemergency activities de- modities from the trust under subsection lows: scribed in paragraphs (2) through (6) of sec- (c)(1), for the management of the trust to AMENDMENT NO. 3745 tion 201 of such Act (7 U.S.C. 1721), including preserve the value of the trust through ac- programs that provide assistance to people In lieu of the language to be inserted, in- quisitions under subsection (b)(2).’’; of any age group who are otherwise unable to sert the following, (4) in subsection (f)— meet their basic food needs (including feed- SECTION 1. SHORT TITLE. (A) in paragraph (2), by inserting ‘‘OF THE ing programs for the disabled, orphaned, el- This Act may be cited as the ‘‘Internet Tax TRUST’’ after ‘‘REIMBURSEMENT’’ in the head- derly, sick and dying), are carried out; and Freedom Act’’. ing; and (3) greater flexibility is provided for pro- (B) in paragraph (2)(A), by inserting ‘‘and TITLE I—MORATORIUM ON CERTAIN gram and evaluation plans so that such as- the funds shall be available to replenish the TAXES sistance may be developed to meet local trust under subsection (b)’’ before the end needs, as provided for in section 202(f) of such SEC. 101. MORATORIUM. period; and Act (7 U.S.C. 1722(f)). (a) MORATORIUM.—No State or political (5) by striking subsection (h). subdivision thereof shall impose any of the (b) OTHER REQUIREMENTS.—In providing as- (b) CONFORMING AMENDMENTS.— sistance under the Agriculture Trade Devel- following taxes on transactions occurring (1) Title III of the Agricultural Act of 1980 opment and Assistance Act of 1954, the Sec- during the period beginning on July 29, 1998, (7 U.S.C. 1736f–1 et seq.) is amended by strik- retary of Agriculture and the Administrator and ending 2 years after the date of the en- ing the title heading and inserting the fol- of United States Agency for International actment of this Act: lowing: Development shall ensure that commodities (1) Taxes on Internet access. are provided in a manner that is consistent ‘‘TITLE III—BILL EMERSON (2) Bit taxes. with sections 403 (a) and (b) of such Act (7 HUMANITARIAN TRUST’’. (3) Multiple or discriminatory taxes on U.S.C. 1733 (a) and (b)). (2) Section 301 of the Agricultural Act of electronic commerce. (b) APPLICATION OF MORATORIUM.—Sub- Subtitle B—Bill Emerson Humanitarian Trust 1980 (7 U.S.C. 1736f–1 note) is amended to read as follows: section (a) shall not apply with respect to Act of 1998 the provision of Internet access that is of- ‘‘SEC. 301. SHORT TITLE. SEC. 211. SHORT TITLE. fered for sale as part of a package of services ‘‘This title may be cited as the ‘Bill Emer- This subtitle may be cited as the ‘‘Bill that includes services other than Internet son Humanitarian Trust Act’.’’. Emerson Humanitarian Trust Act of 1998’’. access, unless the service provider separately (3) Section 302 of the Agricultural Act of states that portion of the billing that applies SEC. 212. BILL EMERSON HUMANITARIAN TRUST 1980 (7 U.S.C. 1736f–1) is amended— ACT. to such services on the user’s bill. (A) in the section heading, by striking ‘‘re- (a) IN GENERAL.—Section 302 of the Agri- serve’’ and inserting ‘‘trust’’; SEC. 102. ADVISORY COMMISSION ON ELEC- TRONIC COMMERCE. cultural Act of 1980 (7 U.S.C. 1736f–1) is (B) by striking ‘‘reserve’’ each place it ap- amended— pears (other than in subparagraphs (A) and (a) ESTABLISHMENT OF COMMISSION.—There (1) in subsection (b)— (B) of subsection (b)(1)) and inserting is established a commission to be known as (A) in the subsection heading, by inserting ‘‘trust’’; the Advisory Commission on Electronic ‘‘OR FUNDS’’ after ‘‘COMMODITIES’’; (C) in subsection (b)— Commerce (in this title referred to as the (B) in paragraph (1)— (i) in the subsection heading, by striking ‘‘Commission’’). The Commission shall— (i) in subparagraph (B), by striking ‘‘and’’ (1) be composed of 16 members appointed in ‘‘RESERVE’’ and inserting ‘‘TRUST’’; at the end; (ii) in paragraph (1)(B), by striking ‘‘re- accordance with subsection (b), including the (ii) in subparagraph (C), by striking the pe- serve,’’ and inserting ‘‘trust,’’; and chairperson who shall be selected by the riod at the end and inserting ‘‘; and’’; and (iii) in the paragraph heading of paragraph members of the Commission from among (iii) by adding at the end the following: themselves; and (2), by striking ‘‘RESERVE’’ and inserting ‘‘(D) funds made available under paragraph (2) conduct its business in accordance with ‘‘TRUST’’; and (2)(B).’’; and (D) in the subsection heading of subsection the provisions of this title. (C) in paragraph (2)— (b) MEMBERSHIP.— (e), by striking ‘‘RESERVE’’ and inserting (i) in subparagraph (A), by striking ‘‘Sub- (1) IN GENERAL.—The Commissioners shall ‘‘TRUST’’. ject to subsection (h), commodities’’ and in- (4) Section 208(d)(2) of the Agricultural serve for the life of the Commission. The serting ‘‘Commodities’’; and Trade Suspension Adjustment Act of 1980 (7 membership of the Commission shall be as (ii) by striking subparagraph (B) and in- U.S.C. 4001(d)(2)) is amended by striking follows: serting the following: ‘‘Food Security Commodity Reserve Act of (A) Four representatives from the Federal ‘‘(B) FUNDS.—Any funds used to acquire el- 1996’’ and inserting ‘‘Bill Emerson Humani- Government comprised of the Secretary of igible commodities through purchases from tarian Trust Act (7 U.S.C. 1736f–1 et seq.)’’. Commerce, the Secretary of State, the Sec- producers or in the market to replenish the (5) Section 901b(b)(3) of the Merchant Ma- retary of the Treasury, and the United trust shall be derived— rine Act, 1936 (46 U.S.C. App. 1241f(b)(3)), is States Trade Representative, or their respec- ‘‘(i) with respect to fiscal year 2000 and amended by striking ‘‘Food Security Wheat tive representatives. subsequent fiscal years, from funds made Reserve Act of 1980 (7 U.S.C. 1736f–1)’’ and in- (B) Six representatives from State and available to carry out the Agricultural Trade serting ‘‘Bill Emerson Humanitarian Trust local governments comprised of— Development and Assistance Act of 1954 (7 Act (7 U.S.C. 1736f–1 et seq.)’’. (i) two representatives appointed by the U.S.C. 1691 et seq.) that are used to repay or Majority Leader of the Senate; reimburse the Commodity Credit Corpora- TITLE III—MISCELLANEOUS PROVISIONS (ii) one representative appointed by the tion for the release of eligible commodities SEC. 301. REPORT. Minority Leader of the Senate; under subsections (c)(2) and (f)(2), except Not later than 6 months after the date of (iii) two representatives appointed by the that, of such funds, not more than $20,000,000 enactment of this Act, the Administrator of Speaker of the House of Representatives; and may be expended for this purpose in each of the United States Agency for International (iv) one representative appointed by the the fiscal years 2000 through 2003 and any Development, in consultation with the heads Minority Leader of the House of Representa- such funds not expended in any of such fiscal of other appropriate agencies, shall prepare tives. years shall be available for expenditure in and submit to Congress a report on how the (C) Six representatives of the electronic in- subsequent fiscal years; and Agency plans to implement sections 101, 102, dustry and consumer groups comprised of— S11606 CONGRESSIONAL RECORD — SENATE October 6, 1998 (i) two representatives appointed by the (C) an examination of the impact of the goods, services, or information, whether or Majority Leader of the Senate; Internet and Internet access (particularly not for consideration, and includes the provi- (ii) one representative appointed by the voice transmission) on the revenue base for sion of Internet access. Minority Leader of the Senate; taxes imposed under section 4251 of the In- (4) INTERNET.—The term ‘‘Internet’’ means (iii) two representatives appointed by the ternal Revenue Code of 1986; the combination of computer facilities and Speaker of the House of Representatives; and (D) an examination of— electromagnetic transmission media, and re- (iv) one representative appointed by the (i) the efforts of State and local govern- lated equipment and software, comprising Minority Leader of the House of Representa- ments to collect sales and use taxes owed on the interconnected worldwide network of tives. purchases from interstate sellers, the advan- computer networks that employ the Trans- (2) APPOINTMENTS.—Appointments to the tages and disadvantages of authorizing State mission Control Protocol/Internet Protocol, Commission shall be made not later than 45 and local governments to require such sellers or any predecessor or successor protocol, to days after the date of the enactment of this to collect and remit such taxes, particularly transmit information. Act. The chairperson shall be selected not with respect to electronic commerce, and the (5) INTERNET ACCESS.—The term ‘‘Internet later than 60 days after the date of the enact- level of contacts sufficient to permit a State access’’ means a service that enables users to ment of this Act. or local government to impose such taxes on access content, information, electronic mail, (3) VACANCIES.—Any vacancy in the Com- such interstate commerce; or other services offered over the Internet, mission shall not affect its powers, but shall (ii) model State legislation relating to tax- and may also include access to proprietary be filled in the same manner as the original ation of transactions using the Internet and content, information, and other services as appointment. Internet access, including uniform terminol- part of a package of services offered to con- (c) ACCEPTANCE OF GIFTS AND GRANTS.— ogy, definitions of the transactions, services, sumers. Such term does not include tele- The Commission may accept, use, and dis- and other activities that may be subject to communications services. pose of gifts or grants of services or prop- State and local taxation, procedural struc- (6) MULTIPLE TAX.— erty, both real and personal, for purposes of tures and mechanisms applicable to such (A) IN GENERAL.—The term ‘‘multiple tax’’ aiding or facilitating the work of the Com- taxation, and a mechanism for the resolution means any tax that is imposed by one State mission. Gifts or grants not used at the expi- of disputes between States regarding matters or political subdivision thereof on the same ration of the Commission shall be returned of multiple taxation; and or essentially the same electronic commerce to the donor or grantor. (iii) ways to simplify the interstate admin- that is also subject to another tax imposed (d) OTHER RESOURCES.—The Commission istration of sales and use taxes on interstate by another State or political subdivision shall have reasonable access to materials, re- commerce, including a review of the need for thereof (whether or not at the same rate or sources, data, and other information from a single or uniform tax registration, single on the same basis), without a credit (for ex- the Department of Justice, the Department or uniform tax returns, simplified remit- ample, a resale exemption certificate) for of Commerce, the Department of State, the tance requirements, simplified administra- taxes paid in other jurisdictions. Department of the Treasury, and the Office tive procedures, or the need for an independ- (B) EXCEPTION.—Such term shall not in- of the United States Trade Representative. ent third party collection system; and clude a sales or use tax imposed by a State The Commission shall also have reasonable (E) the examination of ways to simplify and 1 or more political subdivisions thereof access to use the facilities of any such De- Federal and State and local taxes imposed on on the same electronic commerce or a tax on partment or Office for purposes of conduct- the provision of telecommunications serv- persons engaged in electronic commerce ing meetings. ices. which also may have been subject to a sales (e) SUNSET.—The Commission shall termi- or use tax thereon. nate 18 months after the date of the enact- SEC. 103. REPORT. (C) SALES OR USE TAX.—For purposes of ment of this Act. Not later than 18 months after the date of (f) RULES OF THE COMMISSION.— the enactment of this Act, the Commission subparagraph (B), the term ‘‘sales or use (1) QUORUM.—Nine members of the Com- shall transmit to Congress a report reflect- tax’’ means a tax that is imposed on or inci- mission shall constitute a quorum for con- ing the results of the Commission’s study dent to the sale, purchase, storage, consump- ducting the business of the Commission. under this title. No finding or recommenda- tion, distribution, or other use of tangible (2) MEETINGS.—Any meetings held by the tion shall be included in the report unless personal property or services as may be de- Commission shall be duly noticed at least 14 agreed to by at least two-thirds of the mem- fined by laws imposing such tax and which is days in advance and shall be open to the pub- bers of the Commission serving at the time measured by the amount of the sales price or lic. the finding or recommendation is made. other charge for such property or service. (3) OPPORTUNITIES TO TESTIFY.—The Com- SEC. 104. DEFINITIONS. (7) STATE.—The term ‘‘State’’ means any of mission shall provide opportunities for rep- For the purposes of this title: the several States, the District of Columbia, resentatives of the general public, taxpayer (1) BIT TAX.—The term ‘‘bit tax’’ means or any commonwealth, territory, or posses- groups, consumer groups, and State and any tax on electronic commerce expressly sion of the United States. local government officials to testify. imposed on or measured by the volume of (8) TAX.— (4) ADDITIONAL RULES.—The Commission digital information transmitted electroni- (A) IN GENERAL.—The term ‘‘tax’’ means— may adopt other rules as needed. cally, or the volume of digital information (i) any levy, fee, or charge imposed under (g) DUTIES OF THE COMMISSION.— per unit of time transmitted electronically, governmental authority by any govern- (1) IN GENERAL.—The Commission shall but does not include taxes imposed on the mental entity; or conduct a thorough study of Federal, State provision of telecommunications services. (ii) the imposition of or obligation to col- and local, and international taxation and (2) DISCRIMINATORY TAX.—The term ‘‘dis- lect and to remit to a governmental entity tariff treatment of transactions using the criminatory tax’’ means any tax imposed by any such levy, fee, or charge imposed by a Internet and Internet access and other com- a State or political subdivision thereof on governmental entity. parable interstate or international sales ac- electronic commerce that— (B) EXCEPTION.—Such term shall not in- tivities. (A) is not generally imposed and legally clude any franchise fees or similar fees im- (2) ISSUES TO BE STUDIED.—The Commission collectible by such State or such political posed by a State or local franchising author- may include in the study under subsection subdivision on transactions involving the ity, pursuant to section 622 or 653 of the (a)— same or similar property, goods, services, or Communications Act of 1934 (47 U.S.C. 542, (A) an examination of— information accomplished through other 573). (i) barriers imposed in foreign markets on means; (9) TELECOMMUNICATIONS SERVICES.—The United States providers of property, goods, (B) is not generally imposed and legally term ‘‘telecommunications services’’ has the services, or information engaged in elec- collectible at the same rate by such State or meaning given such term in section 3(46) of tronic commerce and on United States pro- such political subdivision on transactions in- the Communications Act of 1934 (47 U.S.C. viders of telecommunications services; and volving the same or similar property, goods, 153(46)) and includes communications serv- (ii) how the imposition of such barriers services, or information accomplished ices (as defined in section 4251 of the Internal will affect United States consumers, the through other means, unless the rate is Revenue Code of 1986). competitiveness of United States citizens lower as part of a phase-out of the tax over TITLE II—OTHER PROVISIONS providing property, goods, services, or infor- not more than a 5-year period; or SEC. 201. DECLARATION THAT INTERNET mation in foreign markets, and the growth (C) imposes an obligation to collect or pay SHOULD BE FREE OF NEW FEDERAL and maturing of the Internet; the tax on a different person or entity than TAXES. (B) an examination of the collection and in the case of transactions involving the It is the sense of Congress that no new Fed- administration of consumption taxes on same or similar property, goods, services, or eral taxes similar to the taxes described in interstate commerce in other countries and information accomplished through other section 101(a) should be enacted with respect the United States, and the impact of such means. to the Internet and Internet access during collection on the global economy, including (3) ELECTRONIC COMMERCE.—The term the moratorium provided in such section. an examination of the relationship between ‘‘electronic commerce’’ means any trans- SEC. 202. NATIONAL TRADE ESTIMATE. the collection and administration of such action conducted over the Internet or Section 181 of the Trade Act of 1974 (19 taxes when the transaction uses the Internet through Internet access, comprising the sale, U.S.C. 2241) is amended— and when it does not; lease, license, offer, or delivery of property, (1) in subsection (a)(1)— October 6, 1998 CONGRESSIONAL RECORD — SENATE S11607 (A) in subparagraph (A)— SECTION 1. SHORT TITLE. and authenticity of transactions due to the (i) by striking ‘‘and’’ at the end of clause This Act may be cited as the ‘‘Government use of electronic signatures pursuant to this (i); Paperwork Elimination Act.’’ Act, and shall report the findings to Con- (ii) by inserting ‘‘and’’ at the end of clause SEC. 2. DIRECTION AND OVERSIGHT OF INFOR- gress. (ii); and MATION TECHNOLOGY. SEC. 7. ENFORCEABILITY AND LEGAL EFFECT OF (iii) by inserting after clause (ii) the fol- Section 3504(a)(1)(B)(vi) of title 44, United ELECTRONIC RECORDS. lowing new clause: States Code, is amended to read as follows: Electronic records submitted or main- ‘‘(iii) United States electronic commerce,’’; ‘‘(vi) the acquisition and use of informa- tained in accordance with agency procedures and tion technology, including the use of alter- and guidelines established pursuant to this (B) in subparagraph (C)— native information technologies (such as the title, or electronic signatures or other forms (i) by striking ‘‘and’’ at the end of clause use of electronic submission, maintenance, of electronic authentication used in accord- (i); or disclosure of information) to substitute ance with such procedures and guidelines, (ii) by inserting ‘‘and’’ at the end of clause for paper, and the use and acceptance of elec- shall not be denied legal effect, validity or (ii); tronic signatures.’’. enforceability because they are in electronic (iii) by inserting after clause (ii) the fol- SEC. 3. PROCEDURES. form. lowing new clause: (a) Within 18 months after enactment of SEC. 8. DISCLOSURE OF INFORMATION. ‘‘(iii) the value of additional United States this Act, in order to fulfill the responsibility Except as provided by law, information electronic commerce,’’; and to administer the functions assigned under collected in the provision of electronic signa- (iv) by inserting ‘‘or transacted with,’’ chapter 35 of title 44, United States Code, the ture services for communications with an after ‘‘or invested in’’; Clinger-Cohen Act of 1996 (P.L. 104–106), and agency, as provided by this Act, shall only be (2) in subsection (a)(2)(E)— the provisions of this Act, the Director of used or disclosed by persons who obtain, col- (A) by striking ‘‘and’’ at the end of clause the Office of Management and Budget shall lect, or maintain such information as a busi- (i); develop procedures and guidelines for execu- ness or government practice, for the purpose (B) by inserting ‘‘and’’ at the end of clause tive agency use. of facilitating such communications, or with (ii); and (1) The procedures shall be compatible with the prior affirmative consent of the person (C) by inserting after clause (ii) the follow- standards and technology for electronic sig- about whom the information pertains. ing new clause: natures as may be generally used in com- SEC. 9. APPLICATION WITH OTHER LAWS. ‘‘(iii) the value of electronic commerce merce and industry and by State govern- Nothing in this title shall apply to the De- transacted with,’’; and ments, based upon consultation with appro- partment of the Treasury or the Internal (3) by adding at the end the following new priate private sector and State government Revenue Service, to the extent that— subsection: standard setting bodies. (1) it involves the administration of the in- ‘‘(d) ELECTRONIC COMMERCE.—For purposes (2) Such procedures shall not inappropri- ternal revenue laws; and of this section, the term ‘electronic com- ately favor one industry or technology. (2) it conflicts with any provision of the In- merce’ has the meaning given that term in (3) An electronic signature shall be as reli- ternal Revenue Service Restructuring and section 104(3) of the Internet Tax Freedom able as is appropriate for the purpose, and ef- Reform Act of 1998 or the Internal Revenue Act.’’. forts shall be made to keep the information Code of 1986. SEC. 203. DECLARATION THAT THE INTERNET submitted intact. SEC. 10. DEFINITIONS. SHOULD BE FREE OF FOREIGN TAR- (4) Successful submission of an electronic IFFS, TRADE BARRIERS, AND OTHER form shall be electronically acknowledged. For purposes of this Act: RESTRICTIONS. (5) In accordance with all other sections of (1) EXECUTIVE AGENCY.—The term ‘‘execu- (a) IN GENERAL.— It is the sense of Con- the Act, to the extent feasible and appro- tive agency’’ has the meaning given that gress that the President should seek bilat- priate, and described in a written finding, an term in section 105 of title 5, United States eral, regional, and multilateral agreements agency, when it expects to receive electroni- Code. to remove barriers to global electronic com- cally 50,000 or more submittals of a particu- (2) ELECTRONIC SIGNATURE.—The term merce through the World Trade Organiza- lar form, shall take all steps necessary to en- ‘‘electronic signature’’ means a method of tion, the Organization for Economic Co- sure that multiple formats of electronic sig- signing an electronic message that— operation and Development, the Trans-At- natures are made available for submitting (A) identifies and authenticates a particu- lantic Economic Partnership, the Asia Pa- such forms. lar person as the source of such electronic cific Economic Cooperation forum, the Free message; and SEC. 4. AUTHORITY AND FUNCTIONS OF THE DI- (B) indicates such person’s approval of the Trade Area of the America, the North Amer- RECTOR OF THE OFFICE OF MAN- ican Free Trade Agreement, and other appro- AGEMENT AND BUDGET. information contained in such electronic priate venues. In order to fulfill the responsibility to ad- message. (b) NEGOTIATING OBJECTIVES.—The nego- minister the functions assigned under chap- (3) FORM, QUESTIONNAIRE, OR SURVEY.—The tiating objectives of the United States shall ter 35 of title 44, United States Code, the terms ‘‘form’’, ‘‘questionnaire’’, and ‘‘sur- be— Clinger-Cohen Act of 1996 (P.L. 104–106), and vey’’ include documents produced by an (1) to assure that electronic commerce is the provisions of this Act, the Director of agency to facilitate interaction between an free from— the Office of Management and Budget shall agency and non-government persons. (A) tariff and nontariff barriers; ensure that, within five years of the date of TITLE II—CHILDREN’S ONLINE PRIVACY (B) burdensome and discriminatory regula- enactment of this Act, executive agencies PROTECTION tion and standards; and provide for the optional use of electronic SEC. 201. SHORT TITLE. (C) discriminatory taxation; and maintenance, submission, or disclosure of in- This title may be cited as the ‘‘Children’s (2) to accelerate the growth of electronic formation where practicable, as an alter- Online Privacy Protection Act of 1999’’. commerce by expanding market access op- native information technology to substitute SEC. 202. DEFINITIONS. portunities for— for paper, and the use and acceptance of elec- In this title: (A) the development of telecommuni- tronic signatures where practicable. (1) CHILD.—the term ‘‘child’’ means an in- cations infrastructure; SEC. 5. ELECTRONIC STORAGE OF FORMS. dividual under the age of 13. (B) the procurement of telecommuni- Within 18 months of enactment of this Act, (2) OPERATOR.—The term ‘‘operator’’— cations equipment; in order to fulfill the responsibility to ad- (A) means any person who operates a (C) the provision of Internet access and minister the functions assigned under chap- website located on the Internet or an online telecommunications services; and ter 35 of title 44, United States Code, the service and who collects or maintains per- (D) the exchange of goods, services, and Clinger-Cohen Act of 1996 (P.L. 104–106), and sonal information from or about the users of digitalized information. the provisions of this Act, the Director of or visitors to such website or online service, (c) ELECTRONIC COMMERCE.—For purposes the Office of Management and Budget shall or on whose behalf such information is col- of this section, the term ‘‘electronic com- develop procedures and guidelines for execu- lected or maintained, where such website or merce’’ has the meaning given that term in tive agency use to permit employer elec- online service is operated for commercial section 104(3). tronic storage and filing of forms containing purposes, including any person offering prod- SEC. 204. NO EXPANSION OF TAX AUTHORITY. information pertaining to employees. ucts or services for sale through that website Nothing in this Act shall be construed to SEC. 6. STUDY. or online service, involving commerce— expand the duty of any person to collect or In order to fulfill the responsibility to ad- (i) among the several States or with 1 or pay taxes beyond that which existed imme- minister the functions assigned under chap- more foreign nations; diately before the date of the enactment of ter 35 of title 44, United States Code, the (ii) in any territory of the United States or this Act. Clinger-Cohen Act of 1996 (P.L. 104–106), and in the District of Columbia, or between any SEC. 205. PRESERVATION OF AUTHORITY. the provisions of this Act, the Director of such territory and— Nothing in this Act shall limit or other- the Office of Management and Budget, shall (I) another such territory; or wise affect the implementation of the Tele- conduct an ongoing study of paperwork re- (II) any State or foreign nation; or communications Act of 1996 (Public Law 104– duction and electronic commerce, the im- (iii) between the District of Columbia and 104) or the amendments made by such Act. pact on individual privacy, and the security any State, territory, or foreign nation; but S11608 CONGRESSIONAL RECORD — SENATE October 6, 1998 (B) does not include any non-profit entity website or online service, shall not be fidentiality, security, and integrity of per- that would otherwise be exempt from cov- deemed directed to children solely for refer- sonal information collected from children. erage under section 5 of the Federal Trade ring or linking to a commercial website or (2) WHEN CONSENT NOT REQUIRED.—The reg- Commission Act (15 U.S.C. 45). online service directed to children by using ulations shall provide that verifiable paren- (3) COMMISSION.—The term ‘‘Commission’’ information location tools, including a direc- tal consent under paragraph (1)(A)(ii) is not means the Federal Trade Commission. tory, index, reference, pointer, or hypertext required in the case of— (4) DISCLOSURE.—The term ‘‘disclosure’’ link. (A) online contact information collected means, with respect to personal informa- (11) PERSON.—The term ‘‘person’’ means from a child that is used only to respond di- tion— any individual, partnership, corporation, rectly on a one-time basis to a specific re- (A) the release of personal information col- trust, estate, cooperative, association, or quest from the child and is not used to re- lected from a child in identifiable form by an other entity. contact the child and is not maintained in operator for any purpose, except where such (12) ONLINE CONTACT INFORMATION.—The retrievable form by the operator; information is provided to a person other term ‘‘online contact information’’ means an (B) a request for the name or online con- than the operator who provides support for e-mail address or another substantially simi- tact information of a parent or child that is the internal operations of the website and lar identifier that permits direct contact used for the sole purpose of obtaining paren- does not disclose or use that information for with a person online. tal consent or providing notice under this any other purpose; and SEC. 203. REGULATION OF UNFAIR AND DECEP- section and where such information is not (B) making personal information collected TIVE ACTS AND PRACTICES IN CON- maintained in retrievable form by the opera- from a child by a website or online service NECTION WITH THE COLLECTION tor if parental consent is not obtained after directed to children or with actual knowl- AND USE OF PERSONAL INFORMA- a reasonable time; edge that such information was collected TION FROM AND ABOUT CHILDREN (C) online contact information collected ON THE INTERNET. from a child, publicly available in identifi- from a child that is used only to respond (A) ACTS PROHIBITED.— able form, by any means including by a pub- more than once directly to a specific request (1) IN GENERAL.—It is unlawful for an oper- lic posting, through the Internet, or from the child and is not used to recontact ator of a website or online service directed to through— the child beyond the scope of that request— children, or any operator that has actual (i) a home page of a website; (i) if, before any additional response after (ii) a pen pal service; knowledge that it is collecting personal in- the initial response to the child, the operator (iii) an electronic mail service; formation from a child, to collect personal uses reasonable efforts to provide a parent (iv) a message board; or information from a child in a manner that notice of the online contact information col- (v) a chat room. violates the regulations prescribed under lected from the child, the purposes for which (5) FEDERAL AGENCY.—The term ‘‘Federal subsection (b). it is to be used, and an opportunity for the agency’’ means an agency, as that term is (2) DISCLOSURE TO PARENT PROTECTED.— parent to request that the operator make no defined in section 551(1) of title 5, United Notwithstanding paragraph (1), neither an further use of the information and that it States Code. operator of such a website or online service not be maintained in retrievable form; or (6) INTERNET.—The term ‘‘Internet’’ means nor the operator’s agent shall be held to be (ii) without notice to the parent in such collectively the myriad of computer and liable under any Federal or State law for any circumstances as the Commission may deter- telecommunications facilities, including disclosure made in good faith and following mine are appropriate, taking into consider- equipment and operating software, which reasonable procedures in responding to a re- ation the benefits to the child of access to comprise the interconnected world-wide net- quest for disclosure of personal information information and services, and risks to the se- work of networks that employ the Trans- under subsection (b)(1)(B)(iii) to the parent curity and privacy of the child, in regula- mission Control Protocol/Internet Protocol, of a child. tions promulgated under this subsection; or any predecessor or successor protocols to (b) REGULATIONS.— (D) the name of the child and online con- such protocol, to communicate information (1) IN GENERAL.—Not later than 1 year after of all kinds by wire or radio. the date of the enactment of this Act, the tact information (to the extent reasonably (7) PARENT.—The term ‘‘parent’’ includes a Commission shall promulgate under section necessary to protect the safety of a child legal guardian. 553 of title 5, United States Code, regulations participant on the site)— (8) PERSONAL INFORMATION.—The term that— (i) used only for the purpose of protecting ‘‘personal information’’ means individually (A) require the operator of any website or such safety; identifiable information about an individual online service directed to children that col- (ii) not used to recontact the child or for collected online, including— lects personal information from children or any other purpose; and (A) a first and last name; the operator of a website or online service (iii) not disclosed on the site, (B) a home or other physical address in- that has actual knowledge that it is collect- if the operator uses reasonable efforts to pro- cluding street name and name of a city or ing personal information from a child— vide a parent notice of the name and online town; (i) to provide notice on the website of what contact information collected from the (C) an e-mail address; child, the purposes for which it is to be used, (D) a telephone number; information is collected from children by the and an opportunity for the parent to request (E) a Social Security number; operator, how the operator uses such infor- (F) any other identifier that the Commis- mation, and the operator’s disclosure prac- that the operator make no further use of the sion determines permits the physical or on- tices for such information; and information and that it not be maintained in line contracting of a specific individual; or (ii) to obtain verifiable parental consent retrievable form; or (G) information concerning the child or the for the collection, use, or disclosure of per- (E) the collection, use, or dissemination of parents of that child that the website col- sonal information from children; such information by the operator of such a lects online from the child and combines (B) require the operator to provide, upon website or online service necessary— with an identifier described in this para- request of a parent under this subparagraph (i) to protect the security or integrity of graph. whose child has provided personal informa- its website; (9) VERIFIABLE PARENTAL CONSENT.—The tion to that website or online service, upon (ii) to take precautions against liability; term ‘‘verifiable parental consent’’ means proper identification of that parent, to such (iii) to respond to judicial process; or any reasonable effort (taking into consider- parent— (iv) to the extent permitted under other ation available technology), including a re- (i) a description of the specific types of provisions of law, to provide information to quest for authorization for future collection personal information collected from the law enforcement agencies or for an inves- use, and disclosure described in the notice, child by that operator; tigation on a matter related to public safety. to ensure that a parent of a child receives (ii) the opportunity at any time to refuse (3) TERMINATION OF SERVICE.—The regula- notice of the operator’s personal information to permit the operator’s further use or main- tions shall permit the operator of a website collection, use, and disclosure practices, and tenance in retrievable form, or future online or an online service to terminate service pro- authorizes the collection, use, and disclo- collection, of personal information from that vided to a child whose parent has refused, sure, as applicable, of personal information child; and under the regulations prescribed under para- and the subsequent use of that information (iii) notwithstanding any other provision graph (1)(B)(ii), to permit the operator’s fur- before that information is collected from of law, a means that is reasonable under the ther use or maintenance in retrievable form, that child. circumstances for the parent to obtain any or future online collection, of personal infor- (10) WEBSITE OR ONLINE SERVICE DIRECTED personal information collected from that mation from that child. TO CHILDREN.— child; (c) ENFORCEMENT.—Subject to sections 204 (A) IN GENERAL.—The term ‘‘website or on- (C) prohibit conditioning a child’s partici- and 206, a violation of a regulation pre- line service directed to children’’ means— pation in a game, the offering of a prize, or scribed under subsection (a) shall be treated (i) A commercial website or online service another activity on the child disclosing more as a violation of a rule defining an unfair or that is targeted to children; or personal information than is reasonably nec- deceptive act or practice prescribed under (ii) that portion of a commercial website essary to participate in such activity; and section 18(a)(1)(B) of the Federal Trade Com- or online service that is targeted to children. (D) require the operator of such a website mission Act (15 U.S.C. 57a(a)(1)(B)). (B) LIMITATION.—A commercial website or or online service to establish and maintain (d) INCONSISTENT STATE LAW.—No State or online service, or a portion of a commercial reasonable procedures to protect the con- local government may impose any liability October 6, 1998 CONGRESSIONAL RECORD — SENATE S11609

for commercial activities or actions by oper- (1) IN GENERAL.—On receiving notice under (4) part A of subtitle VII of title 49, United ators in interstate or foreign commerce in subsection (a)(2), the Commission shall have States Code, by the Secretary of Transpor- connection with an activity or action de- the right to intervene in the action that is tation with respect to any air carrier or for- scribed in this title that is inconsistent with the subject of the notice. eign air carrier subject to that part; the treatment of those activities or actions (2) EFFECT OF INTERVENTION.—If the Com- (5) the Packers and Stockyards Act, 1921 (7 under this section. mission intervenes in an action under sub- U.S.C. 181 et. seq.) (except as provided in sec- SEC. 204. SAFE HARBORS. section (a), it shall have the right— tion 406 of that Act (7 U.S.C. 226, 227)), by the (A) to be heard with respect to any matter (a) GUIDELINES.—An operator may satisfy Secretary of Agriculture with respect to any the requirements of regulations issued under that arises in that action; and activities subject to that Act; and (B) to file a petition for appeal. section 203(b) by following a set of self-regu- (6) the Farm Credit Act of 1971 (12 U.S.C. (3) AMICUS CURIAE.—Upon application to (2001 et seq.) by the Farm Credit Administra- latory guidelines, issued by representatives the court, a person whose self-regulatory of the marketing or online industries, or by tion with respect to any Federal land bank, guidelines have been approved by the Com- Federal land bank association, Federal inter- other persons, approved under subsection (b). mission and are relied upon as a defense by NCENTIVES.— mediate credit bank, or production credit as- (b) I any defendant to a proceeding under this sec- (1) SELF-REGULATORY INCENTIVES.—In pre- sociation. tion may file amicus curiae in that proceed- scribing regulations under section 203, the (c) EXERCISE OF CERTAIN POWERS.—For the ing. Commission shall provide incentives for self- purpose of the exercise by any agency re- (c) CONSTRUCTION.—For purposes of bring- ferred to in subsection (a) of its powers under regulation by operators to implement the ing any civil action under subsection (a), protections afforded children under the regu- any Act referred to in that subsection, a vio- nothing in this title shall be construed to lation of any requirement imposed under latory requirements described in subsection prevent an attorney general of a State from (b) of that section. this title shall be deemed to be a violation of exercising the powers conferred on the attor- a requirement imposed under that Act. In (2) DEEMED COMPLIANCE.—Such incentives ney general by the laws of that State to— shall include provisions for ensuring that a addition to its powers under any provision of (1) conduct investigations; law specifically referred to in subsection (a), person will be deemed to be in compliance (2) administer oaths or affirmations; or each of the agencies referred to in that sub- with the requirements of the regulations (3) compel the attendance of witnesses or section may exercise, for the purpose of en- under section 203 if that person complies the production of documentary and other forcing compliance with any requirement with guidelines that, after notice and com- evidence. ment, are approved by the Commission upon (d) ACTIONS BY THE COMMISSION.—In any imposed under this title, any other authority making a determination that the guidelines case in which an action is instituted by or on conferred on it by law. meet the requirements of the regulations behalf of the Commission for violation of (d) ACTIONS BY THE COMMISSION.—The Com- issued under section 203. any regulation prescribed under section 293, mission shall prevent any person from vio- lating a rule of the Commission under sec- (3) EXPEDITED RESPONSE TO REQUESTS.—The no State may, during the pendency of that Commission shall act upon requests for safe action, institute an action under subsection tion 203 in the same manner, by the same harbor treatment within 180 days of the fil- (a) against any defendant named in the com- means, and with the same jurisdiction, pow- ing of the request, and shall set forth in plaint in that action for violation of that ers, and duties as though all applicable writing its conclusions with regard to such regulation. terms and provisions of the Federal Trade requests. (e) VENUE; SERVICE OF PROCESS.— Commission Act (15 U.S.C. 41 et seq.) were (c) APPEALS.—Final action by the Commis- (1) VENUE.—Any action brought under sub- incorporated into and made a part of this sion on a request for approval of guidelines, section (a) may be brought in the district title. Any entity that violates such rule or the failure to act within 180 days on a re- court of the United States that meets appli- shall be subject to the penalties and entitled quest for approval of guidelines, submitted cable requirements relating to venue under to the privileges and immunities provided in under subsection (b) may be appealed to a section 1391 of title 28, United States Code. the Federal Trade Commission Act in the district court of the United States of appro- (2) SERVICE OF PROCESS.—In an action same manner, by the same means, and with priate jurisdiction as provided for in section brought under subsection (a), process may be the same jurisdiction, power, and duties as 706 of title 5, United States Code. served in any district in which the defend- though all applicable terms and provisions of the Federal Trade Commission Act were in- SEC. 205. ACTIONS BY STATES. ant— (A) is an inhabitant; or corporated into and made a part of this title. (a) IN GENERAL.— (B) may be found. (e) EFFECT ON OTHER LAWS.—Nothing con- (1) CIVIL ACTIONS.—In any case in which the SEC. 206. ADMINISTRATION AND APPLICABILITY tained in the Act shall be construed to limit attorney general of a State has reason to be- OF ACT. the authority of the Commission under any lieve that an interest of the residents of that (a) IN GENERAL.—Except as otherwise pro- other provisions of law. State has been or is threatened or adversely vided, this title shall be enforced by the SEC. 207. REVIEW. affected by the engagement of any person in Commission under the Federal Trade Com- (a) IN GENERAL.—Not later than 5 years a practice that violates any regulation of the mission Act (15 U.S.C. 41 et seq.). after the effective date of the regulations Commission prescribed under section 203(b), (b) PROVISIONS.—Compliance with the re- initially issued under section 203, the Com- the State, as parens patriae, may bring a quirements imposed under this title shall be mission shall— civil action on behalf of the residents of the enforced under— (1) review the implementation of this title, State in a district court of the United States (1) section 8 of the Federal Deposit Insur- including the effect of the implementation of of appropriate jurisdiction to— ance Act (12 U.S.C. 1818), in the case of— this title on practices relating to the collec- (A) enjoin that practice; (A) national banks, and Federal branches tion and disclosure of information relating (B) enforce compliance with the regula- and Federal agencies of foreign banks, by the to children, children’s ability to obtain ac- tion; Office of the Comptroller of the Currency; cess to information of their choice online, (C) obtain damage, restitution, or other (B) member banks of the Federal Reserve and on the availability of websites directed compensation on behalf of residents of the System (other than national banks), to children; and State; or branches and agencies of foreign banks (2) prepare and submit to Congress a report (D) obtain such other relief as the court (other than Federal branches, Federal agen- on the results of the review under paragraph may consider to be appropriate. cies, and insured State branches of foreign (1). (2) NOTICE.— banks), commercial lending companies SEC. 208. EFFECTIVE DATE. (A) IN GENERAL.—Before filing an action owned or controlled by foreign banks, and Sections 203(a), 205, and 206 of this title under paragraph (1), the attorney general of organizations operating under section 25 or take effect on the later of— the State involved shall provide to the Com- 25(a) of the Federal Reserve Act (12 U.S.C. (1) the date that is 18 months after the date mission— 601 et seq. and 611 et. seq.), by the Board; and of enactment of this Act; or (i) written notice of that action; and (C) banks insured by the Federal Deposit (2) the date on which the Commission rules (ii) a copy of the complaint for that action. Insurance Corporation (other than members on the first application for safe harbor treat- (B) EXEMPTION.— of the Federal Reserve System) and insured ment under section 204 if the Commission (i) IN GENERAL.—Subparagraph (A) shall State branches of foreign banks, by the does not rule on the first such application not apply with respect to the filing of an ac- Board of Directors of the Federal Deposit In- within one year after the date of enactment tion by an attorney general of a State under surance Corporation; of this Act, but in no case later than the date this subsection, if the attorney general de- (2) section 8 of the Federal Deposit Insur- that is 30 months after the date of enact- termines that it is not feasible to provide the ance Act (12 U.S.C. 1818), by the Director of ment of this Act. notice described in that subparagraph before the Office of Thrift Supervision, in the case the filing of the action. of a savings association the deposits of which AMENDMENT NO. 3746 (ii) NOTIFICATION.—In an action described are insured by the Federal Deposit Insurance in clause (i), the attorney general of a State Corporation; In lieu of the language to be inserted, in- shall provide notice and a copy of the com- (3) the Federal Credit Union Act (12 U.S.C. sert the following: plaint to the Commission at the same time 1751 et seq.) by the National Credit Union SECTION 1. SHORT TITLE. as the attorney general files the action. Administration Board with respect to any This Act may be cited as the ‘‘Internet Tax (b) INTERVENTION.— Federal credit union; Freedom Act’’. S11610 CONGRESSIONAL RECORD — SENATE October 6, 1998 TITLE I—MORATORIUM ON CERTAIN sources, data, and other information from a single or uniform tax registration, single TAXES the Department of Justice, the Department or uniform tax returns, simplified remit- SEC. 101. MORATORIUM. of Commerce, the Department of State, the tance requirements, simplified administra- (a) MORATORIUM.—No State or political Department of the Treasury, and the Office tive procedures, or the need for an independ- subdivision thereof shall impose any of the of the United States Trade Representative. ent third party collection system; and following taxes on transactions occurring The Commission shall also have reasonable (E) the examination of ways to simplify during the period beginning on July 29, 1998, access to use the facilities of any such De- Federal and State and local taxes imposed on and ending 3 years after the date of the en- partment or Office for purposes of conduct- the provision of telecommunications serv- actment of this Act: ing meetings. ices. (e) SUNSET.—The Commission shall termi- (1) Taxes on Internet access. SEC. 103. REPORT. nate 18 months after the date of the enact- (2) Bit taxes. Not later than 18 months after the date of ment of this Act. (3) Multiple or discriminatory taxes on the enactment of this Act, the Commission (f) RULES OF THE COMMISSION.— electronic commerce. shall transmit to Congress a report reflect- (1) QUORUM.—Nine members of the Com- (b) APPLICATION OF MORATORIUM.—Sub- ing the results of the Commission’s study section (a) shall not apply with respect to mission shall constitute a quorum for con- ducting the business of the Commission. under this title. No finding or recommenda- the provision of Internet access that is of- tion shall be included in the report unless (2) MEETINGS.—Any meetings held by the fered for sale as part of a package of services agreed to by at least two-thirds of the mem- that includes services other than Internet Commission shall be duly noticed at least 14 days in advance and shall be open to the pub- bers of the Commission serving at the time access, unless the service provider separately the finding or recommendation is made. states that portion of the billing that applies lic. SEC. 104. DEFINITIONS. to such services on the user’s bill. (3) OPPORTUNITIES TO TESTIFY.—The Com- mission shall provide opportunities for rep- For the purposes of this title: SEC. 102. ADVISORY COMMISSION ON ELEC- (1) BIT TAX.—The term ‘‘bit tax’’ means TRONIC COMMERCE. resentatives of the general public, taxpayer any tax on electronic commerce expressly (a) ESTABLISHMENT OF COMMISSION.—There groups, consumer groups, and State and is established a commission to be known as local government officials to testify. imposed on or measured by the volume of the Advisory Commission on Electronic (4) ADDITIONAL RULES.—The Commission digital information transmitted electroni- Commerce (in this title referred to as the may adopt other rules as needed. cally, or the volume of digital information ‘‘Commission’’). The Commission shall— (g) DUTIES OF THE COMMISSION.— per unit of time transmitted electronically, (1) be composed of 16 members appointed in (1) IN GENERAL.—The Commission shall but does not include taxes imposed on the accordance with subsection (b), including the conduct a thorough study of Federal, State provision of telecommunications services. chairperson who shall be selected by the and local, and international taxation and (2) DISCRIMINATORY TAX.—The term ‘‘dis- members of the Commission from among tariff treatment of transactions using the criminatory tax’’ means any tax imposed by themselves; and Internet and Internet access and other com- a State or political subdivision thereof on (2) conduct its business in accordance with parable interstate or international sales ac- electronic commerce that— the provisions of this title. tivities. (A) is not generally imposed and legally (b) MEMBERSHIP.— (2) ISSUES TO BE STUDIED.—The Commission collectible by such State or such political (1) IN GENERAL.—The Commissioners shall may include in the study under subsection subdivision on transactions involving the serve for the life of the Commission. The (a)— same or similar property, goods, services, or membership of the Commission shall be as (A) an examination of— information accomplished through other follows: (i) barriers imposed in foreign markets on means; (A) Four representatives from the Federal United States providers of property, goods, (B) is not generally imposed and legally Government comprised of the Secretary of services, or information engaged in elec- collectible at the same rate by such State or Commerce, the Secretary of State, the Sec- tronic commerce and on United States pro- such political subdivision on transactions in- retary of the Treasury, and the United viders of telecommunications services; and volving the same or similar property, goods, States Trade Representative, or their respec- (ii) how the imposition of such barriers services, or information accomplished tive representatives. will affect United States consumers, the through other means, unless the rate is (B) Six representatives from State and competitiveness of United States citizens lower as part of a phase-out of the tax over local governments comprised of— providing property, goods, services, or infor- not more than a 5-year period; or (i) two representatives appointed by the mation in foreign markets, and the growth (C) imposes an obligation to collect or pay Majority Leader of the Senate; and maturing of the Internet; the tax on a different person or entity than (ii) one representative appointed by the (B) an examination of the collection and in the case of transactions involving the Minority Leader of the Senate; administration of consumption taxes on same or similar property, goods, services, or (iii) two representatives appointed by the interstate commerce in other countries and information accomplished through other Speaker of the House of Representatives; and the United States, and the impact of such means. (iv) one representative appointed by the collection on the global economy, including (3) ELECTRONIC COMMERCE.—The term Minority Leader of the House of Representa- an examination of the relationship between ‘‘electronic commerce’’ means any trans- tives. the collection and administration of such action conducted over the Internet or (C) Six representatives of the electronic in- taxes when the transaction uses the Internet through Internet access, comprising the sale, dustry and consumer groups comprised of— and when it does not; lease, license, offer, or delivery of property, (i) two representatives appointed by the (C) an examination of the impact of the goods, services, or information, whether or Majority Leader of the Senate; Internet and Internet access (particularly not for consideration, and includes the provi- (ii) one representative appointed by the voice transmission) on the revenue base for sion of Internet access. Minority Leader of the Senate; taxes imposed under section 4251 of the In- (4) INTERNET.—The term ‘‘Internet’’ means (iii) two representatives appointed by the ternal Revenue Code of 1986; the combination of computer facilities and Speaker of the House of Representatives; and (D) an examination of— electromagnetic transmission media, and re- (iv) one representative appointed by the (i) the efforts of State and local govern- lated equipment and software, comprising Minority Leader of the House of Representa- ments to collect sales and use taxes owed on the interconnected worldwide network of tives. purchases from interstate sellers, the advan- computer networks that employ the Trans- (2) APPOINTMENTS.—Appointments to the tages and disadvantages of authorizing State mission Control Protocol/Internet Protocol, Commission shall be made not later than 45 and local governments to require such sellers or any predecessor or successor protocol, to days after the date of the enactment of this to collect and remit such taxes, particularly transmit information. Act. The chairperson shall be selected not with respect to electronic commerce, and the (5) INTERNET ACCESS.—The term ‘‘Internet later than 60 days after the date of the enact- level of contacts sufficient to permit a State access’’ means a service that enables users to ment of this Act. or local government to impose such taxes on access content, information, electronic mail, (3) VACANCIES.—Any vacancy in the Com- such interstate commerce; or other services offered over the Internet, mission shall not affect its powers, but shall (ii) model State legislation relating to tax- and may also include access to proprietary be filled in the same manner as the original ation of transactions using the Internet and content, information, and other services as appointment. Internet access, including uniform terminol- part of a package of services offered to con- (c) ACCEPTANCE OF GIFTS AND GRANTS.— ogy, definitions of the transactions, services, sumers. Such term does not include tele- The Commission may accept, use, and dis- and other activities that may be subject to communications services. pose of gifts or grants of services or prop- State and local taxation, procedural struc- (6) MULTIPLE TAX.— erty, both real and personal, for purposes of tures and mechanisms applicable to such (A) IN GENERAL.—The term ‘‘multiple tax’’ aiding or facilitating the work of the Com- taxation, and a mechanism for the resolution means any tax that is imposed by one State mission. Gifts or grants not used at the expi- of disputes between States regarding matters or political subdivision thereof on the same ration of the Commission shall be returned of multiple taxation; and or essentially the same electronic commerce to the donor or grantor. (iii) ways to simplify the interstate admin- that is also subject to another tax imposed (d) OTHER RESOURCES.—The Commission istration of sales and use taxes on interstate by another State or political subdivision shall have reasonable access to materials, re- commerce, including a review of the need for thereof (whether or not at the same rate or October 6, 1998 CONGRESSIONAL RECORD — SENATE S11611 on the same basis), without a credit (for ex- (3) by adding at the end the following new priate private sector and State government ample, a resale exemption certificate) for subsection: standard setting bodies. taxes paid in other jurisdictions. ‘‘(d) ELECTRONIC COMMERCE.—For purposes (2) Such procedures shall not inappropri- (B) EXCEPTION.—Such term shall not in- of this section, the term ‘electronic com- ately favor one industry or technology. clude a sales or use tax imposed by a State merce’ has the meaning given that term in (3) An electronic signature shall be as reli- and 1 or more political subdivisions thereof section 104(3) of the Internet Tax Freedom able as is appropriate for the purpose, and ef- on the same electronic commerce or a tax on Act.’’. forts shall be made to keep the information persons engaged in electronic commerce SEC. 203. DECLARATION THAT THE INTERNET submitted intact. which also may have been subject to a sales SHOULD BE FREE OF FOREIGN TAR- (4) Successful submission of an electronic or use tax thereon. IFFS, TRADE BARRIERS, AND OTHER form shall be electronically acknowledged. (5) In accordance with all other sections of (C) SALES OR USE TAX.—For purposes of RESTRICTIONS. the Act, to the extent feasible and appro- subparagraph (B), the term ‘‘sales or use (a) IN GENERAL.— It is the sense of Con- priate, and described in a written finding, an tax’’ means a tax that is imposed on or inci- gress that the President should seek bilat- agency, when it expects to receive electroni- dent to the sale, purchase, storage, consump- eral, regional, and multilateral agreements cally 50,000 or more submittals of a particu- tion, distribution, or other use of tangible to remove barriers to global electronic com- lar form, shall take all steps necessary to en- personal property or services as may be de- merce through the World Trade Organiza- sure that multiple formats of electronic sig- fined by laws imposing such tax and which is tion, the Organization for Economic Co- operation and Development, the Trans-At- natures are made available for submitting measured by the amount of the sales price or such forms. other charge for such property or service. lantic Economic Partnership, the Asia Pa- SEC. 4. AUTHORITY AND FUNCTIONS OF THE DI- (7) STATE.—The term ‘‘State’’ means any of cific Economic Cooperation forum, the Free Trade Area of the America, the North Amer- RECTOR OF THE OFFICE OF MAN- the several States, the District of Columbia, AGEMENT AND BUDGET. ican Free Trade Agreement, and other appro- or any commonwealth, territory, or posses- In order to fulfill the responsibility to ad- priate venues. sion of the United States. minister the functions assigned under chap- (b) NEGOTIATING OBJECTIVES.—The nego- (8) TAX.— ter 35 of title 44, United States Code, the tiating objectives of the United States shall (A) IN GENERAL.—The term ‘‘tax’’ means— Clinger-Cohen Act of 1996 (P.L. 104–106), and be— (i) any levy, fee, or charge imposed under the provisions of this Act, the Director of (1) to assure that electronic commerce is governmental authority by any govern- the Office of Management and Budget shall free from— mental entity; or ensure that, within five years of the date of (A) tariff and nontariff barriers; (ii) the imposition of or obligation to col- enactment of this Act, executive agencies (B) burdensome and discriminatory regula- lect and to remit to a governmental entity provide for the optional use of electronic tion and standards; and any such levy, fee, or charge imposed by a maintenance, submission, or disclosure of in- (C) discriminatory taxation; and governmental entity. formation where practicable, as an alter- (2) to accelerate the growth of electronic (B) EXCEPTION.—Such term shall not in- native information technology to substitute commerce by expanding market access op- clude any franchise fees or similar fees im- for paper, and the use and acceptance of elec- portunities for— posed by a State or local franchising author- tronic signatures where practicable. (A) the development of telecommuni- ity, pursuant to section 622 or 653 of the SEC. 5. ELECTRONIC STORAGE OF FORMS. cations infrastructure; Communications Act of 1934 (47 U.S.C. 542, Within 18 months of enactment of this Act, (B) the procurement of telecommuni- 573). in order to fulfill the responsibility to ad- cations equipment; (9) TELECOMMUNICATIONS SERVICES.—The minister the functions assigned under chap- (C) the provision of Internet access and term ‘‘telecommunications services’’ has the ter 35 of title 44, United States Code, the telecommunications services; and meaning given such term in section 3(46) of Clinger-Cohen Act of 1996 (P.L. 104–106), and (D) the exchange of goods, services, and the Communications Act of 1934 (47 U.S.C. the provisions of this Act, the Director of digitalized information. 153(46)) and includes communications serv- the Office of Management and Budget shall (c) ELECTRONIC COMMERCE.—For purposes ices (as defined in section 4251 of the Internal develop procedures and guidelines for execu- of this section, the term ‘‘electronic com- Revenue Code of 1986). tive agency use to permit employer elec- merce’’ has the meaning given that term in tronic storage and filing of forms containing TITLE II—OTHER PROVISIONS section 104(3). information pertaining to employees. SEC. 201. DECLARATION THAT INTERNET SEC. 204. NO EXPANSION OF TAX AUTHORITY. SHOULD BE FREE OF NEW FEDERAL SEC. 6. STUDY. Nothing in this Act shall be construed to TAXES. In order to fulfill the responsibility to ad- expand the duty of any person to collect or It is the sense of Congress that no new Fed- minister the functions assigned under chap- pay taxes beyond that which existed imme- eral taxes similar to the taxes described in ter 35 of title 44, United States Code, the diately before the date of the enactment of section 101(a) should be enacted with respect Clinger-Cohen Act of 1996 (P.L. 104–106), and this Act. to the Internet and Internet access during the provisions of this Act, the Director of the moratorium provided in such section. SEC. 205. PRESERVATION OF AUTHORITY. the Office of Management and Budget, shall SEC. 202. NATIONAL TRADE ESTIMATE. Nothing in this Act shall limit or other- conduct an ongoing study of paperwork re- Section 181 of the Trade Act of 1974 (19 wise affect the implementation of the Tele- duction and electronic commerce, the im- U.S.C. 2241) is amended— communications Act of 1996 (Public Law 104– pact on individual privacy, and the security (1) in subsection (a)(1)— 104) or the amendments made by such Act. and authenticity of transactions due to the (A) in subparagraph (A)— SECTION 1. SHORT TITLE. use of electronic signatures pursuant to this (i) by striking ‘‘and’’ at the end of clause This Act may be cited as the ‘‘Government Act, and shall report the findings to Con- (i); Paperwork Elimination Act.’’ gress. (ii) by inserting ‘‘and’’ at the end of clause SEC. 2. DIRECTION AND OVERSIGHT OF INFOR- SEC. 7. ENFORCEABILITY AND LEGAL EFFECT OF (ii); and MATION TECHNOLOGY. ELECTRONIC RECORDS. (iii) by inserting after clause (ii) the fol- Section 3504(a)(1)(B)(vi) of title 44, United Electronic records submitted or main- lowing new clause: States Code, is amended to read as follows: tained in accordance with agency procedures ‘‘(iii) United States electronic commerce,’’; ‘‘(vi) the acquisition and use of informa- and guidelines established pursuant to this and tion technology, including the use of alter- title, or electronic signatures or other forms (B) in subparagraph (C)— native information technologies (such as the of electronic authentication used in accord- (i) by striking ‘‘and’’ at the end of clause use of electronic submission, maintenance, ance with such procedures and guidelines, (i); or disclosure of information) to substitute shall not be denied legal effect, validity or (ii) by inserting ‘‘and’’ at the end of clause for paper, and the use and acceptance of elec- enforceability because they are in electronic (ii); tronic signatures.’’. form. (iii) by inserting after clause (ii) the fol- SEC. 3. PROCEDURES. SEC. 8. DISCLOSURE OF INFORMATION. lowing new clause: (a) Within 18 months after enactment of Except as provided by law, information ‘‘(iii) the value of additional United States this Act, in order to fulfill the responsibility collected in the provision of electronic signa- electronic commerce,’’; and to administer the functions assigned under ture services for communications with an (iv) by inserting ‘‘or transacted with,’’ chapter 35 of title 44, United States Code, the agency, as provided by this Act, shall only be after ‘‘or invested in’’; Clinger-Cohen Act of 1996 (P.L. 104–106), and used or disclosed by persons who obtain, col- (2) in subsection (a)(2)(E)— the provisions of this Act, the Director of lect, or maintain such information as a busi- (A) by striking ‘‘and’’ at the end of clause the Office of Management and Budget shall ness or government practice, for the purpose (i); develop procedures and guidelines for execu- of facilitating such communications, or with (B) by inserting ‘‘and’’ at the end of clause tive agency use. the prior affirmative consent of the person (ii); and (1) The procedures shall be compatible with about whom the information pertains. (C) by inserting after clause (ii) the follow- standards and technology for electronic sig- SEC. 9. APPLICATION WITH OTHER LAWS. ing new clause: natures as may be generally used in com- Nothing in this title shall apply to the De- ‘‘(iii) the value of electronic commerce merce and industry and by State govern- partment of the Treasury or the Internal transacted with,’’; and ments, based upon consultation with appro- Revenue Service, to the extent that— S11612 CONGRESSIONAL RECORD — SENATE October 6, 1998

(1) it involves the administration of the in- defined in section 551(1) of title 5, United (2) DISCLOSURE TO PARENT PROTECTED.— ternal revenue laws; and States Code. Notwithstanding paragraph (1), neither an (2) it conflicts with any provision of the In- (6) INTERNET.—The term ‘‘Internet’’ means operator of such a website or online service ternal Revenue Service Restructuring and collectively the myriad of computer and nor the operator’s agent shall be held to be Reform Act of 1998 or the Internal Revenue telecommunications facilities, including liable under any Federal or State law for any Code of 1986. equipment and operating software, which disclosure made in good faith and following SEC. 10. DEFINITIONS. comprise the interconnected world-wide net- reasonable procedures in responding to a re- For purposes of this Act: work of networks that employ the Trans- quest for disclosure of personal information (1) EXECUTIVE AGENCY.—The term ‘‘execu- mission Control Protocol/Internet Protocol, under subsection (b)(1)(B)(iii) to the parent tive agency’’ has the meaning given that or any predecessor or successor protocols to of a child. term in section 105 of title 5, United States such protocol, to communicate information (b) REGULATIONS.— Code. of all kinds by wire or radio. (1) IN GENERAL.—Not later than 1 year after (2) ELECTRONIC SIGNATURE.—The term (7) PARENT.—The term ‘‘parent’’ includes a the date of the enactment of this Act, the ‘‘electronic signature’’ means a method of legal guardian. Commission shall promulgate under section signing an electronic message that— (8) PERSONAL INFORMATION.—The term 553 of title 5, United States Code, regulations (A) identifies and authenticates a particu- ‘‘personal information’’ means individually that— lar person as the source of such electronic identifiable information about an individual (A) require the operator of any website or message; and collected online, including— online service directed to children that col- (B) indicates such person’s approval of the (A) a first and last name; lects personal information from children or information contained in such electronic (B) a home or other physical address in- the operator of a website or online service message. cluding street name and name of a city or that has actual knowledge that it is collect- (3) FORM, QUESTIONNAIRE, OR SURVEY.—The town; ing personal information from a child— terms ‘‘form’’, ‘‘questionnaire’’, and ‘‘sur- (C) an e-mail address; (i) to provide notice on the website of what vey’’ include documents produced by an (D) a telephone number; information is collected from children by the agency to facilitate interaction between an (E) a Social Security number; operator, how the operator uses such infor- agency and non-government persons. (F) any other identifier that the Commis- mation, and the operator’s disclosure prac- TITLE II—CHILDREN’S ONLINE PRIVACY sion determines permits the physical or on- tices for such information; and PROTECTION line contracting of a specific individual; or (ii) to obtain verifiable parental consent (G) information concerning the child or the for the collection, use, or disclosure of per- SEC. 201. SHORT TITLE. This title may be cited as the ‘‘Children’s parents of that child that the website col- sonal information from children; (B) require the operator to provide, upon Online Privacy Protection Act of 1999’’. lects online from the child and combines with an identifier described in this para- request of a parent under this subparagraph SEC. 202. DEFINITIONS. graph. whose child has provided personal informa- In this title: (9) VERIFIABLE PARENTAL CONSENT.—The tion to that website or online service, upon (1) CHILD.—the term ‘‘child’’ means an in- term ‘‘verifiable parental consent’’ means proper identification of that parent, to such dividual under the age of 13. any reasonable effort (taking into consider- parent— (2) OPERATOR.—The term ‘‘operator’’— (i) a description of the specific types of (A) means any person who operates a ation available technology), including a re- personal information collected from the website located on the Internet or an online quest for authorization for future collection child by that operator; service and who collects or maintains per- use, and disclosure described in the notice, (ii) the opportunity at any time to refuse sonal information from or about the users of to ensure that a parent of a child receives to permit the operator’s further use or main- or visitors to such website or online service, notice of the operator’s personal information tenance in retrievable form, or future online or on whose behalf such information is col- collection, use, and disclosure practices, and collection, of personal information from that lected or maintained, where such website or authorizes the collection, use, and disclo- child; and online service is operated for commercial sure, as applicable, of personal information and the subsequent use of that information (iii) notwithstanding any other provision purposes, including any person offering prod- of law, a means that is reasonable under the ucts or services for sale through that website before that information is collected from that child. circumstances for the parent to obtain any or online service, involving commerce— personal information collected from that (i) among the several States or with 1 or (10) WEBSITE OR ONLINE SERVICE DIRECTED child; more foreign nations; TO CHILDREN.— (C) prohibit conditioning a child’s partici- (ii) in any territory of the United States or (A) IN GENERAL.—The term ‘‘website or on- pation in a game, the offering of a prize, or in the District of Columbia, or between any line service directed to children’’ means— another activity on the child disclosing more such territory and— (i) A commercial website or online service (I) another such territory; or that is targeted to children; or personal information than is reasonably nec- (II) any State or foreign nation; or (ii) that portion of a commercial website essary to participate in such activity; and (iii) between the District of Columbia and or online service that is targeted to children. (D) require the operator of such a website any State, territory, or foreign nation; but (B) LIMITATION.—A commercial website or or online service to establish and maintain (B) does not include any non-profit entity online service, or a portion of a commercial reasonable procedures to protect the con- that would otherwise be exempt from cov- website or online service, shall not be fidentiality, security, and integrity of per- erage under section 5 of the Federal Trade deemed directed to children solely for refer- sonal information collected from children. Commission Act (15 U.S.C. 45). ring or linking to a commercial website or (2) WHEN CONSENT NOT REQUIRED.—The reg- (3) COMMISSION.—The term ‘‘Commission’’ online service directed to children by using ulations shall provide that verifiable paren- means the Federal Trade Commission. information location tools, including a direc- tal consent under paragraph (1)(A)(ii) is not (4) DISCLOSURE.—The term ‘‘disclosure’’ tory, index, reference, pointer, or hypertext required in the case of— means, with respect to personal informa- link. (A) online contact information collected tion— (11) PERSON.—The term ‘‘person’’ means from a child that is used only to respond di- (A) the release of personal information col- any individual, partnership, corporation, rectly on a one-time basis to a specific re- lected from a child in identifiable form by an trust, estate, cooperative, association, or quest from the child and is not used to re- operator for any purpose, except where such other entity. contact the child and is not maintained in information is provided to a person other (12) ONLINE CONTACT INFORMATION.—The retrievable form by the operator; than the operator who provides support for term ‘‘online contact information’’ means an (B) a request for the name or online con- the internal operations of the website and e-mail address or another substantially simi- tact information of a parent or child that is does not disclose or use that information for lar identifier that permits direct contact used for the sole purpose of obtaining paren- any other purpose; and with a person online. tal consent or providing notice under this section and where such information is not (B) making personal information collected SEC. 203. REGULATION OF UNFAIR AND DECEP- from a child by a website or online service TIVE ACTS AND PRACTICES IN CON- maintained in retrievable form by the opera- directed to children or with actual knowl- NECTION WITH THE COLLECTION tor if parental consent is not obtained after edge that such information was collected AND USE OF PERSONAL INFORMA- a reasonable time; from a child, publicly available in identifi- TION FROM AND ABOUT CHILDREN (C) online contact information collected able form, by any means including by a pub- ON THE INTERNET. from a child that is used only to respond lic posting, through the Internet, or (A) ACTS PROHIBITED.— more than once directly to a specific request through— (1) IN GENERAL.—It is unlawful for an oper- from the child and is not used to recontact (i) a home page of a website; ator of a website or online service directed to the child beyond the scope of that request— (ii) a pen pal service; children, or any operator that has actual (i) if, before any additional response after (iii) an electronic mail service; knowledge that it is collecting personal in- the initial response to the child, the operator (iv) a message board; or formation from a child, to collect personal uses reasonable efforts to provide a parent (v) a chat room. information from a child in a manner that notice of the online contact information col- (5) FEDERAL AGENCY.—The term ‘‘Federal violates the regulations prescribed under lected from the child, the purposes for which agency’’ means an agency, as that term is subsection (b). it is to be used, and an opportunity for the October 6, 1998 CONGRESSIONAL RECORD — SENATE S11613

parent to request that the operator make no (3) EXPEDITED RESPONSE TO REQUESTS.—The any regulation prescribed under section 293, further use of the information and that it Commission shall act upon requests for safe no State may, during the pendency of that not be maintained in retrievable form; or harbor treatment within 180 days of the fil- action, institute an action under subsection (ii) without notice to the parent in such ing of the request, and shall set forth in (a) against any defendant named in the com- circumstances as the Commission may deter- writing its conclusions with regard to such plaint in that action for violation of that mine are appropriate, taking into consider- requests. regulation. ation the benefits to the child of access to (c) APPEALS.—Final action by the Commis- (e) VENUE; SERVICE OF PROCESS.— information and services, and risks to the se- sion on a request for approval of guidelines, (1) VENUE.—Any action brought under sub- curity and privacy of the child, in regula- or the failure to act within 180 days on a re- section (a) may be brought in the district tions promulgated under this subsection; quest for approval of guidelines, submitted court of the United States that meets appli- (D) the name of the child and online con- under subsection (b) may be appealed to a cable requirements relating to venue under tact information (to the extent reasonably district court of the United States of appro- section 1391 of title 28, United States Code. necessary to protect the safety of a child priate jurisdiction as provided for in section (2) SERVICE OF PROCESS.—In an action participant on the site)— 706 of title 5, United States Code. brought under subsection (a), process may be (i) used only for the purpose of protecting SEC. 205. ACTIONS BY STATES. served in any district in which the defend- such safety; (a) IN GENERAL.— ant— (ii) not used to recontact the child or for (1) CIVIL ACTIONS.—In any case in which the (A) is an inhabitant; or any other purpose; and attorney general of a State has reason to be- (B) may be found. (iii) not disclosed on the site, lieve that an interest of the residents of that SEC. 206. ADMINISTRATION AND APPLICABILITY if the operator uses reasonable efforts to pro- State has been or is threatened or adversely OF ACT. vide a parent notice of the name and online affected by the engagement of any person in (a) IN GENERAL.—Except as otherwise pro- contact information collected from the a practice that violates any regulation of the vided, this title shall be enforced by the child, the purposes for which it is to be used, Commission prescribed under section 203(b), Commission under the Federal Trade Com- and an opportunity for the parent to request the State, as parens patriae, may bring a mission Act (15 U.S.C. 41 et seq.). that the operator make no further use of the civil action on behalf of the residents of the (b) PROVISIONS.—Compliance with the re- information and that it not be maintained in State in a district court of the United States quirements imposed under this title shall be retrievable form; or of appropriate jurisdiction to— enforced under— (E) the collection, use, or dissemination of (A) enjoin that practice; (1) section 8 of the Federal Deposit Insur- such information by the operator of such a (B) enforce compliance with the regula- ance Act (12 U.S.C. 1818), in the case of— website or online service necessary— tion; (A) national banks, and Federal branches (i) to protect the security or integrity of (C) obtain damage, restitution, or other and Federal agencies of foreign banks, by the its website; compensation on behalf of residents of the Office of the Comptroller of the Currency; (ii) to take precautions against liability; State; or (B) member banks of the Federal Reserve (iii) to respond to judicial process; or (D) obtain such other relief as the court System (other than national banks), (iv) to the extent permitted under other may consider to be appropriate. branches and agencies of foreign banks provisions of law, to provide information to (2) NOTICE.— (other than Federal branches, Federal agen- law enforcement agencies or for an inves- (A) IN GENERAL.—Before filing an action cies, and insured State branches of foreign tigation on a matter related to public safety. under paragraph (1), the attorney general of banks), commercial lending companies (3) TERMINATION OF SERVICE.—The regula- the State involved shall provide to the Com- owned or controlled by foreign banks, and tions shall permit the operator of a website mission— organizations operating under section 25 or or an online service to terminate service pro- (i) written notice of that action; and 25(a) of the Federal Reserve Act (12 U.S.C. vided to a child whose parent has refused, (ii) a copy of the complaint for that action. 601 et seq. and 611 et. seq.), by the Board; and under the regulations prescribed under para- (B) EXEMPTION.— (C) banks insured by the Federal Deposit graph (1)(B)(ii), to permit the operator’s fur- (i) IN GENERAL.—Subparagraph (A) shall Insurance Corporation (other than members ther use or maintenance in retrievable form, not apply with respect to the filing of an ac- of the Federal Reserve System) and insured or future online collection, of personal infor- tion by an attorney general of a State under State branches of foreign banks, by the mation from that child. this subsection, if the attorney general de- Board of Directors of the Federal Deposit In- (c) ENFORCEMENT.—Subject to sections 204 termines that it is not feasible to provide the surance Corporation; and 206, a violation of a regulation pre- notice described in that subparagraph before (2) section 8 of the Federal Deposit Insur- scribed under subsection (a) shall be treated the filing of the action. ance Act (12 U.S.C. 1818), by the Director of as a violation of a rule defining an unfair or (ii) NOTIFICATION.—In an action described the Office of Thrift Supervision, in the case deceptive act or practice prescribed under in clause (i), the attorney general of a State of a savings association the deposits of which section 18(a)(1)(B) of the Federal Trade Com- shall provide notice and a copy of the com- are insured by the Federal Deposit Insurance mission Act (15 U.S.C. 57a(a)(1)(B)). plaint to the Commission at the same time Corporation; (d) INCONSISTENT STATE LAW.—No State or as the attorney general files the action. (3) the Federal Credit Union Act (12 U.S.C. local government may impose any liability (b) INTERVENTION.— 1751 et seq.) by the National Credit Union for commercial activities or actions by oper- (1) IN GENERAL.—On receiving notice under Administration Board with respect to any ators in interstate or foreign commerce in subsection (a)(2), the Commission shall have Federal credit union; connection with an activity or action de- the right to intervene in the action that is (4) part A of subtitle VII of title 49, United scribed in this title that is inconsistent with the subject of the notice. States Code, by the Secretary of Transpor- the treatment of those activities or actions (2) EFFECT OF INTERVENTION.—If the Com- tation with respect to any air carrier or for- under this section. mission intervenes in an action under sub- eign air carrier subject to that part; SEC. 204. SAFE HARBORS. section (a), it shall have the right— (5) the Packers and Stockyards Act, 1921 (7 (a) GUIDELINES.—An operator may satisfy (A) to be heard with respect to any matter U.S.C. 181 et. seq.) (except as provided in sec- the requirements of regulations issued under that arises in that action; and tion 406 of that Act (7 U.S.C. 226, 227)), by the section 203(b) by following a set of self-regu- (B) to file a petition for appeal. Secretary of Agriculture with respect to any latory guidelines, issued by representatives (3) AMICUS CURIAE.—Upon application to activities subject to that Act; and of the marketing or online industries, or by the court, a person whose self-regulatory (6) the Farm Credit Act of 1971 (12 U.S.C. other persons, approved under subsection (b). guidelines have been approved by the Com- (2001 et seq.) by the Farm Credit Administra- (b) INCENTIVES.— mission and are relied upon as a defense by tion with respect to any Federal land bank, (1) SELF-REGULATORY INCENTIVES.—In pre- any defendant to a proceeding under this sec- Federal land bank association, Federal inter- scribing regulations under section 203, the tion may file amicus curiae in that proceed- mediate credit bank, or production credit as- Commission shall provide incentives for self- ing. sociation. regulation by operators to implement the (c) CONSTRUCTION.—For purposes of bring- (c) EXERCISE OF CERTAIN POWERS.—For the protections afforded children under the regu- ing any civil action under subsection (a), purpose of the exercise by any agency re- latory requirements described in subsection nothing in this title shall be construed to ferred to in subsection (a) of its powers under (b) of that section. prevent an attorney general of a State from any Act referred to in that subsection, a vio- (2) DEEMED COMPLIANCE.—Such incentives exercising the powers conferred on the attor- lation of any requirement imposed under shall include provisions for ensuring that a ney general by the laws of that State to— this title shall be deemed to be a violation of person will be deemed to be in compliance (1) conduct investigations; a requirement imposed under that Act. In with the requirements of the regulations (2) administer oaths or affirmations; or addition to its powers under any provision of under section 203 if that person complies (3) compel the attendance of witnesses or law specifically referred to in subsection (a), with guidelines that, after notice and com- the production of documentary and other each of the agencies referred to in that sub- ment, are approved by the Commission upon evidence. section may exercise, for the purpose of en- making a determination that the guidelines (d) ACTIONS BY THE COMMISSION.—In any forcing compliance with any requirement meet the requirements of the regulations case in which an action is instituted by or on imposed under this title, any other authority issued under section 203. behalf of the Commission for violation of conferred on it by law. S11614 CONGRESSIONAL RECORD — SENATE October 6, 1998

(d) ACTIONS BY THE COMMISSION.—The Com- Sec. 102. Exemption of certain interest and (1) by striking ‘‘$5,000’’ in subparagraph (A) mission shall prevent any person from vio- dividend income from tax. and inserting ‘‘twice the dollar amount in ef- lating a rule of the Commission under sec- Sec. 103. Nonrefundable personal credits al- fect under subparagraph (C) for the taxable tion 203 in the same manner, by the same lowed against alternative mini- year’’, means, and with the same jurisdiction, pow- mum tax. (2) by adding ‘‘or’’ at the end of subpara- ers, and duties as though all applicable Subtitle B—Affordable Child Care graph (B), terms and provisions of the Federal Trade (3) by striking ‘‘in the case of’’ and all that Commission Act (15 U.S.C. 41 et seq.) were Sec. 111. Expanding the dependent care tax credit. follows in subparagraph (C) and inserting ‘‘in incorporated into and made a part of this any other case.’’, and title. Any entity that violates such rule Sec. 112. Minimum credit allowed for stay- at-home parents. (4) by striking subparagraph (D). shall be subject to the penalties and entitled (b) ADDITIONAL STANDARD DEDUCTION FOR to the privileges and immunities provided in Sec. 113. Credit made refundable. Sec. 114. Allowance of credit for employer AGED AND BLIND TO BE THE SAME FOR MAR- the Federal Trade Commission Act in the RIED AND UNMARRIED INDIVIDUALS.— same manner, by the same means, and with expenses for child care assist- ance. (1) Paragraphs (1) and (2) of section 63(f) the same jurisdiction, power, and duties as are each amended by striking ‘‘$600’’ and in- though all applicable terms and provisions of TITLE II—EDUCATION AND serting ‘‘$750’’. the Federal Trade Commission Act were in- INFRASTRUCTURE (2) Subsection (f) of section 63 is amended corporated into and made a part of this title. Subtitle A—General Provisions by striking paragraph (3) and by redesignat- (e) EFFECT ON OTHER LAWS.—Nothing con- ing paragraph (4) as paragraph (3). tained in the Act shall be construed to limit Sec. 201. Eligible educational institutions (c) TECHNICAL AMENDMENTS.— the authority of the Commission under any permitted to maintain qualified (1) Subparagraph (B) of section 1(f)(6) is other provisions of law. tuition programs. Sec. 202. Increase in volume cap on private amended by striking ‘‘(other than with’’ and SEC. 207. REVIEW. activity bonds. all that follows through ‘‘shall be applied’’ (a) IN GENERAL.—Not later than 5 years and inserting ‘‘(other than with respect to after the effective date of the regulations Subtitle B—American Community Renewal sections 63(c)(4) and 151(d)(4)(A)) shall be ap- initially issued under section 203, the Com- Act of 1998 plied’’. mission shall— Sec. 211. Short title. (2) Paragraph (4) of section 63(c) is amend- (1) review the implementation of this title, Sec. 212. Designation of and tax incentives ed by adding at the end the following flush including the effect of the implementation of for renewal communities. sentence: this title on practices relating to the collec- Sec. 213. Extension of expensing of environ- tion and disclosure of information relating mental remediation costs to re- ‘‘The preceding sentence shall not apply to to children, children’s ability to obtain ac- newal communities. the amount referred to in paragraph (2)(A).’’ cess to information of their choice online, Sec. 214. Extension of work opportunity tax (d) EFFECTIVE DATE.—The amendments and on the availability of websites directed credit for renewal communities made by this section shall apply to taxable to children; and Sec. 215. Conforming and clerical amend- years beginning after December 31, 1998. (2) prepare and submit to Congress a report ments. SEC. 102. EXEMPTION OF CERTAIN INTEREST on the results of the review under paragraph Sec. 216. Evaluation and reporting require- AND DIVIDEND INCOME FROM TAX. (1). ments. (a) IN GENERAL.—Part III of subchapter B SEC. 208. EFFECTIVE DATE. Subtitle C—Tax Incentives for Education of chapter 1 (relating to amounts specifically Sections 203(a), 205, and 206 of this title excluded from gross income) is amended by take effect on the later of— Sec. 221. Expansion of incentives for public inserting after section 115 the following new (1) the date that is 18 months after the date schools. section: of enactment of this Act; or TITLE III—SMALL BUSINESS AND (2) the date on which the Commission rules ‘‘SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS FARMER TAX RELIEF AND INTEREST RECEIVED BY INDI- on the first application for safe harbor treat- Sec. 301. Acceleration of unified estate and VIDUALS. ment under section 204 if the Commission gift tax credit increase. ‘‘(a) EXCLUSION FROM GROSS INCOME.— does not rule on the first such application Gross income does not include dividends and within one year after the date of enactment Sec. 302. 100 percent deduction for health in- interest received during the taxable year by of this Act, but in no case later than the date surance costs of self-employed an individual. that is 30 months after the date of enact- individuals. ‘‘(b) LIMITATIONS.— ment of this Act. Sec. 303. Income averaging for farmers made permanent. ‘‘(1) MAXIMUM AMOUNT.—The aggregate f Sec. 304. 5-year net operating loss carryback amount excluded under subsection (a) for TAXPAYER RELIEF ACT OF 1998 for farming losses. any taxable year shall not exceed $200 ($400 Sec. 305. Increase in expense treatment for in the case of a joint return). small businesses. ‘‘(2) CERTAIN DIVIDENDS EXCLUDED.—Sub- LAUTENBERG AMENDMENT NO. Sec. 306. Research credit. section (a) shall not apply to any dividend 3747 Sec. 307. Work opportunity credit. from a corporation which, for the taxable Sec. 308. Welfare-to-work credit. year of the corporation in which the dis- (Ordered to lie on the table.) Sec. 309. Contributions of stock to private tribution is made, or for the next preceding Mr. LAUTENBERG submitted an foundations; expanded public taxable year of the corporation, is a corpora- amendment intended to be proposed by inspection of private founda- tion exempt from tax under section 501 (re- him to the bill (H.R. 4579) to provide tions’ annual returns. lating to certain charitable, etc., organiza- tax relief for individuals, families, and TITLE IV—SOCIAL SECURITY EARNINGS tion) or section 521 (relating to farmers’ co- farming and other small businesses, to LIMIT operative associations). provide tax incentives for education, to ‘‘(c) SPECIAL RULES.—For purposes of this Sec. 401. Increases in the social security section— extend certain provisions, and for other earnings limit for individuals ‘‘(1) EXCLUSION NOT TO APPLY TO CAPITAL who have attained retirement purposes; as follows: GAIN DIVIDENDS FROM REGULATED INVESTMENT age. In lieu of the matter proposed to be in- COMPANIES AND REAL ESTATE INVESTMENT serted, insert: TITLE V—REVENUE OFFSET TRUSTS.— SECTION 1. SHORT TITLE, ETC. Sec. 501. Treatment of certain deductible ‘‘For treatment of capital gain dividends, (a) SHORT TITLE.—This Act may be cited as liquidating distributions of reg- see sections 854(a) and 857(c). the ‘‘Tax Cut Act of 1998’’. ulated investment companies ‘‘(2) CERTAIN NONRESIDENT ALIENS INELI- (b) AMENDMENT OF 1986 CODE.—Except as and real estate investment GIBLE FOR EXCLUSION.—In the case of a non- otherwise expressly provided, whenever in trusts. resident alien individual, subsection (a) shall this Act an amendment or repeal is ex- TITLE VI—SAVING SOCIAL SECURITY apply only— pressed in terms of an amendment to, or re- FIRST ‘‘(A) in determining the tax imposed for peal of, a section or other provision, the ref- the taxable year pursuant to section 871(b)(1) erence shall be considered to be made to a Sec. 601. Effective date of provisions contin- and only in respect of dividends and interest section or other provision of the Internal gent on saving social security which are effectively connected with the Revenue Code of 1986. first. conduct of a trade or business within the (c) TABLE OF CONTENTS.— TITLE I—FAMILY TAX RELIEF PROVISIONS United States, or Sec. 1. Short title, etc. Subtitle A—General Provisions ‘‘(B) in determining the tax imposed for TITLE I—FAMILY TAX RELIEF SEC. 101. ELIMINATION OF MARRIAGE PENALTY the taxable year pursuant to section 877(b). PROVISIONS IN STANDARD DEDUCTION. ‘‘(3) DIVIDENDS FROM EMPLOYEE STOCK OWN- Subtitle A—General Provisions (a) IN GENERAL.—Paragraph (2) of section ERSHIP PLANS.—Subsection (a) shall not Sec. 101. Elimination of marriage penalty in 63(c) (relating to standard deduction) is apply to any dividend described in section standard deduction. amended— 404(k).’’ October 6, 1998 CONGRESSIONAL RECORD — SENATE S11615

(b) CONFORMING AMENDMENTS.— (2) Section 32 is amended by striking sub- ‘‘SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT (1)(A) Subparagraph (A) of section 135(c)(4) section (h). CARE CREDIT. is amended by inserting ‘‘116,’’ before ‘‘137’’. (c) EFFECTIVE DATE.—The amendments ‘‘(a) GENERAL RULE.—Except as otherwise (B) Subsection (d) of section 135 is amended made by this section shall apply to taxable provided in this section, every employer by redesignating paragraph (4) as paragraph years beginning after December 31, 1997. making payment of wages with respect to whom a dependent care eligibility certificate (5) and by inserting after paragraph (3) the Subtitle B—Affordable Child Care following new paragraph: is in effect shall, at the time of paying such ‘‘(4) COORDINATION WITH SECTION 116.—This SEC. 111. EXPANDING THE DEPENDENT CARE TAX wages, make an additional payment equal to section shall be applied before section 116.’’ CREDIT. such employee’s dependent care advance (2) Paragraph (2) of section 265(a) is amend- (a) PERCENTAGE OF EMPLOYMENT-RELATED amount. ‘‘(b) DEPENDENT CARE ELIGIBILITY CERTIFI- ed by inserting before the period ‘‘, or to pur- EXPENSES DETERMINED BY TAXPAYER STA- CATE.—For purposes of this title, a depend- chase or carry obligations or shares, or to TUS.—Section 21(a)(2) (defining applicable percentage) is amended to read as follows: ent care eligibility certificate is a statement make deposits, to the extent the interest furnished by an employee to the employer thereon is excludable from gross income ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For purposes of paragraph (1), the term ‘applica- which— under section 116’’. ‘‘(1) certifies that the employee will be eli- (3) Subsection (c) of section 584 is amended ble percentage’ means— ‘‘(A) except as provided in subparagraph gible to receive the credit provided by sec- by adding at the end thereof the following tion 35 for the taxable year, new flush sentence: (B), 50 percent reduced (but not below 20 per- cent) by 1 percentage point for each $1,000, or ‘‘(2) certifies that the employee reasonably ‘‘The proportionate share of each participant fraction thereof, by which the taxpayers’s expects to be an applicable taxpayer for the in the amount of dividends or interest re- adjusted gross income for the taxable year taxable year, ceived by the common trust fund and to exceeds $30,000, and ‘‘(3) certifies that the employee does not which section 116 applies shall be considered ‘‘(B) in the case of employment-related ex- have a dependent care eligibility certificate for purposes of such section as having been penses described in subsection (e)(11), 50 per- in effect for the calendar year with respect received by such participant.’’ cent reduced (but not below zero) by 1 per- to the payment of wages by another em- (4) Subsection (a) of section 643 is amended centage point for each $800, or fraction there- ployer, by redesignating paragraph (7) as paragraph of, by which the taxpayers’s adjusted gross ‘‘(4) states whether or not the employee’s (8) and by inserting after paragraph (6) the income for the taxable year exceeds $30,000.’’. spouse has a dependent care eligibility cer- following new paragraph: tificate in effect, (b) INFLATION ADJUSTMENT FOR ALLOWABLE ‘‘(7) DIVIDENDS OR INTEREST.—There shall ‘‘(5) states the number of qualifying indi- EXPENSES.—Section 21(c) (relating to dollar be included the amount of any dividends or viduals in the household maintained by the limit on amount creditable) is amended by interest excluded from gross income pursu- employee, and striking ‘‘The amount determined’’ and in- ant to section 116.’’ ‘‘(6) estimates the amount of employment- serting ‘‘In the case of any taxable year be- (5) Section 854(a) is amended by inserting related expenses for the calendar year. ginning after 1998, each dollar amount re- ‘‘section 116 (relating to partial exclusion of ‘‘(c) DEPENDENT CARE ADVANCE AMOUNT.— ferred to in paragraphs (1) and (2) shall be in- dividends and interest received by individ- ‘‘(1) IN GENERAL.—For purposes of this creased by an amount equal to such dollar uals) and’’ after ‘‘For purposes of’’. title, the term ‘dependent care advance amount multiplied by the cost-of-living ad- (6) Section 857(c) is amended to read as fol- amount’ means, with respect to any payroll justment determined under section 1(f)(3) for lows: period, the amount determined— ‘‘(c) RESTRICTIONS APPLICABLE TO DIVI- the calendar year in which the taxable year ‘‘(A) on the basis of the employee’s wages DENDS RECEIVED FROM REAL ESTATE INVEST- begins, by substituting ‘calendar year 1997’ from the employer for such period, MENT TRUSTS.— for ‘calendar year 1992’ in subparagraph (B) ‘‘(B) on the basis of the employee’s esti- ‘‘(1) TREATMENT FOR SECTION 116.—For pur- thereof. If any dollar amount after being in- mated employment-related expenses in- poses of section 116 (relating to partial exclu- creased under the preceding sentence is not a cluded in the dependent care eligibility cer- sion of dividends and interest received by in- multiple of $10, such dollar amount shall be tificate, and dividuals), a capital gain dividend (as defined rounded to the nearest multiple of $10. The ‘‘(C) in accordance with tables provided by in subsection (b)(3)(C)) received from a real amount determined’’. the Secretary. estate investment trust which meets the re- (c) EFFECTIVE DATE.—The amendments ‘‘(2) ADVANCE AMOUNT TABLES.—The tables quirements of this part shall not be consid- made by this section apply to taxable years referred to in paragraph (1)(C) shall be simi- ered as a dividend. beginning after December 31, 1998. lar in form to the tables prescribed under ‘‘(2) TREATMENT FOR SECTION 243.—For pur- SEC. 112. MINIMUM CREDIT ALLOWED FOR STAY- section 3402 and, to the maximum extent fea- poses of section 243 (relating to deductions AT-HOME PARENTS. sible, shall be coordinated with such tables for dividends received by corporations), a (a) IN GENERAL.—Section 21(e) (relating to and the tables prescribed under section dividend received from a real estate invest- special rules) is amended by adding at the 3507(c). ment trust which meets the requirements of end the following: ‘‘(d) OTHER RULES.—For purposes of this this part shall not be considered as a divi- ‘‘(11) MINIMUM CREDIT ALLOWED FOR STAY- section, rules similar to the rules of sub- dend.’’ AT-HOME PARENTS.—Notwithstanding sub- sections (d) and (e) of section 3507 shall (7) The table of sections for part III of sub- section (d), in the case of any taxpayer with apply. ‘‘(e) DEFINITIONS.—For purposes of this sec- chapter B of chapter 1 is amended by insert- one or more qualifying individuals described tion, terms used in this section which are de- ing after the item relating to section 115 the in subsection (b)(1)(A) under the age of 1 at any time during the taxable year, such tax- fined in section 35 shall have the respective following new item: meanings given such terms by section 35.’’. payer shall be deemed to have employment- ‘‘Sec. 116. Partial exclusion of dividends and (c) CONFORMING AMENDMENTS.— related expenses with respect to such quali- interest received by individ- (1) Section 35(a)(1), as redesignated by fying individuals in an amount equal to the uals.’’ paragraph (1), is amended by striking ‘‘chap- sum of— ter’’ and inserting ‘‘subtitle’’. (c) EFFECTIVE DATE.—The amendments ‘‘(A) $90 for each month in such taxable (2) Section 35(e), as so redesignated and made by this section shall apply to taxable year during which at least one of such quali- years beginning after December 31, 1998. amended by subsection (c), is amended by fying individuals is under the age of 1, and adding at the end the following: SEC. 103. NONREFUNDABLE PERSONAL CREDITS ‘‘(B) the amount of employment-related OORDINATION WITH ADVANCE PAY ALLOWED AGAINST ALTERNATIVE ‘‘(12) C - expenses otherwise incurred for such qualify- MENTS AND MINIMUM TAX.—Rules similar to MINIMUM TAX. ing individuals for the taxable year (deter- (a) IN GENERAL.—Subsection (a) of section the rules of subsections (g) and (h) of section mined under this section without regard to 32 shall apply for purposes of this section.’’. 26 is amended to read as follows: this paragraph).’’. ‘‘(a) LIMITATION BASED ON AMOUNT OF (3) Sections 23(f)(1) and 129(a)(2)(C) are each (b) EFFECTIVE DATE.—The amendments TAX.—The aggregate amount of credits al- amended by striking ‘‘section 21(e)’’ and in- made by this section apply to taxable years lowed by this subpart for the taxable year serting ‘‘section 35(e)’’. beginning after December 31, 1998. shall not exceed the sum of— (4) Section 129(b)(2) is amended by striking ‘‘(1) the taxpayer’s regular tax liability for SEC. 113. CREDIT MADE REFUNDABLE. ‘‘section 21(d)(2)’’ and inserting ‘‘section the taxable year, and (a) IN GENERAL.—Part IV of subchapter A 35(d)(2)’’. ‘‘(2) the tax imposed for the taxable year of chapter 1 (relating to credits against tax) (5) Section 129(e)(1) is amended by striking by section 55(a). is amended— ‘‘section 21(b)(2)’’ and inserting ‘‘section For purposes of applying the preceding sen- (1) by redesignating section 35 as section 35(b)(2)’’. tence, paragraph (2) shall be treated as being 36, and (6) Section 213(e) is amended by striking zero for any taxable year beginning during (2) by redesignating section 21 as section ‘‘section 21’’ and inserting ‘‘section 35’’. 1998.’’. 35. (7) Section 995(f)(2)(C) is amended by strik- (b) CONFORMING AMENDMENTS.— (b) ADVANCE PAYMENT OF CREDIT.—Chapter ing ‘‘and 34’’ and inserting ‘‘34, and 35’’. (1) Subsection (d) of section 24 is amended 25 (relating to general provisions relating to (8) Section 6211(b)(4)(A) is amended by by striking paragraph (2) and by redesignat- employment taxes) is amended by inserting striking ‘‘and 34’’ and inserting ‘‘, 34, and ing paragraph (3) as paragraph (2). after section 3507 the following: 35’’. S11616 CONGRESSIONAL RECORD — SENATE October 6, 1998 (9) Section 6213(g)(2)(H) is amended by qualified child care facility of the taxpayer est in effect immediately before such disposi- striking ‘‘section 21’’ and inserting ‘‘section has received accreditation from a nationally tion. In the event of such an assumption, the 35’’. recognized accrediting body before the end of person acquiring the interest in the facility (10) The table of sections for subpart C of such third taxable year. shall be treated as the taxpayer for purposes part IV of subchapter A of chapter 1 is ‘‘(2) QUALIFIED CHILD CARE FACILITY.— of assessing any recapture liability (com- amended by striking the item relating to ‘‘(A) IN GENERAL.—The term ‘qualified puted as if there had been no change in own- section 35 and inserting the following: child care facility’ means a facility— ership). ‘‘Sec. 35. Dependent care services. ‘‘(i) the principal use of which is to provide ‘‘(4) SPECIAL RULES.— child care assistance, and ‘‘(A) TAX BENEFIT RULE.—The tax for the ‘‘Sec. 36. Overpayments of tax.’’. ‘‘(ii) which meets the requirements of all taxable year shall be increased under para- (11) The table of sections for subpart A of applicable laws and regulations of the State graph (1) only with respect to credits allowed such part IV is amended by striking the item or local government in which it is located, by reason of this section which were used to relating to section 21. including, but not limited to, the licensing of reduce tax liability. In the case of credits (12) The table of sections for chapter 25 is the facility as a child care facility. not so used to reduce tax liability, the amended by adding after the item relating to Clause (i) shall not apply to a facility which carryforwards and carrybacks under section section 3507 the following: is the principal residence (within the mean- 39 shall be appropriately adjusted. ‘‘Sec. 3507A. Advance payment of dependent ing of section 1034) of the operator of the fa- ‘‘(B) NO CREDITS AGAINST TAX.—Any in- care credit.’’. cility. crease in tax under this subsection shall not ‘‘(B) SPECIAL RULES WITH RESPECT TO A TAX- be treated as a tax imposed by this chapter (13) Section 1324(b)(2) of title 31, United PAYER.—A facility shall not be treated as a for purposes of determining the amount of States Code, is amended by inserting before qualified child care facility with respect to a any credit under subpart A, B, or D of this the period ‘‘, or enacted by the Tax Cut Act taxpayer unless— part. of 1998’’. ‘‘(i) enrollment in the facility is open to ‘‘(C) NO RECAPTURE BY REASON OF CASUALTY (d) EFFECTIVE DATE.—The amendments employees of the taxpayer during the taxable LOSS.—The increase in tax under this sub- made by this section apply to taxable years section shall not apply to a cessation of op- beginning after December 31, 1998. year, ‘‘(ii) the facility is not the principal trade eration of the facility as a qualified child SEC. 114. ALLOWANCE OF CREDIT FOR EM- or business of the taxpayer unless at least 30 care facility by reason of a casualty loss to PLOYER EXPENSES FOR CHILD CARE the extent such loss is restored by recon- ASSISTANCE. percent of the enrollees of such facility are struction or replacement within a reasonable (a) IN GENERAL.—Subpart D of part IV of dependents of employees of the taxpayer, and period established by the Secretary. subchapter A of chapter 1 (relating to busi- ‘‘(iii) the costs to employees of child care ‘‘(e) SPECIAL RULES.—For purposes of this ness related credits) is amended by adding at services at such facility are determined on a section— the end the following: sliding fee scale. ‘‘(d) RECAPTURE OF ACQUISITION AND CON- ‘‘(1) AGGREGATION RULES.—All persons ‘‘SEC. 45D. EMPLOYER-PROVIDED CHILD CARE which are treated as a single employer under CREDIT. STRUCTION CREDIT.— subsections (a) and (b) of section 52 shall be ‘‘(a) ALLOWANCE OF CREDIT.—For purposes ‘‘(1) IN GENERAL.—If, as of the close of any treated as a single taxpayer. of section 38, the employer-provided child taxable year, there is a recapture event with ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND care credit determined under this section for respect to any qualified child care facility of TRUSTS.—Under regulations prescribed by the taxable year is an amount equal to 25 the taxpayer, then the tax of the taxpayer the Secretary, rules similar to the rules of percent of the qualified child care expendi- under this chapter for such taxable year subsection (d) of section 52 shall apply. tures of the taxpayer for such taxable year. shall be increased by an amount equal to the ‘‘(3) ALLOCATION IN THE CASE OF PARTNER- ‘‘(b) DOLLAR LIMITATION.—The credit al- product of— lowable under subsection (a) for any taxable ‘‘(A) the applicable recapture percentage, SHIPS.—In the case of partnerships, the cred- year shall not exceed $150,000. and it shall be allocated among partners under ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(B) the aggregate decrease in the credits regulations prescribed by the Secretary. tion— allowed under section 38 for all prior taxable ‘‘(f) NO DOUBLE BENEFIT.— ‘‘(1) REDUCTION IN BASIS.—For purposes of ‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.— years which would have resulted if the quali- this subtitle— ‘‘(A) IN GENERAL.—The term ‘qualified fied child care expenditures of the taxpayer child care expenditure’ means any amount described in subsection (c)(1)(A) with respect ‘‘(A) IN GENERAL.—If a credit is determined paid or incurred— to such facility had been zero. under this section with respect to any prop- ‘‘(i) to acquire, construct, rehabilitate, or ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.— erty by reason of expenditures described in expand property— ‘‘(A) IN GENERAL.—For purposes of this sub- subsection (c)(1)(A), the basis of such prop- ‘‘(I) which is to be used as part of a quali- section, the applicable recapture percentage erty shall be reduced by the amount of the fied child care facility of the taxpayer, shall be determined from the following table: credit so determined. ‘‘(B) CERTAIN DISPOSITIONS.—If during any ‘‘(II) with respect to which a deduction for The applicable depreciation (or amortization in lieu of de- taxable year there is a recapture amount de- recapture termined with respect to any property the preciation) is allowable, and ‘‘If the recapture event percentage is: ‘‘(III) which does not constitute part of the basis of which was reduced under subpara- occurs in: graph (A), the basis of such property (imme- principal residence (within the meaning of Years 1–3 ...... 100 diately before the event resulting in such re- section 1034) of the taxpayer or any employee Year 4 ...... 85 capture) shall be increased by an amount of the taxpayer, Year 5 ...... 70 ‘‘(ii) for the operating costs of a qualified Year 6 ...... 55 equal to such recapture amount. For pur- child care facility of the taxpayer, including Year 7 ...... 40 poses of the preceding sentence, the term ‘re- costs related to the training of employees of Year 8 ...... 25 capture amount’ means any increase in tax the child care facility, to scholarship pro- Years 9 and 10 ...... 10 (or adjustment in carrybacks or carryovers) grams, to the providing of differential com- Years 11 and thereafter 0. determined under subsection (d). ‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No pensation to employees based on level of ‘‘(B) YEARS.—For purposes of subparagraph child care training, and to expenses associ- (A), year 1 shall begin on the first day of the deduction or credit shall be allowed under ated with achieving accreditation, taxable year in which the qualified child any other provision of this chapter with re- ‘‘(iii) under a contract with a qualified care facility is placed in service by the tax- spect to the amount of the credit determined child care facility to provide child care serv- payer. under this section.’’. (b) CONFORMING AMENDMENTS.— ices to employees of the taxpayer, or ‘‘(3) RECAPTURE EVENT DEFINED.—For pur- (1) Section 38(b) is amended— ‘‘(iv) under a contract to provide child care poses of this subsection, the term ‘recapture (A) by striking out ‘‘plus’’ at the end of resource and referral services to employees event’ means— paragraph (11), of the taxpayer. ‘‘(A) CESSATION OF OPERATION.—The ces- (B) by striking out the period at the end of ‘‘(B) EXCLUSION FOR AMOUNTS FUNDED BY sation of the operation of the facility as a paragraph (12), and inserting a comma and GRANTS, ETC.—The term ‘qualified child care qualified child care facility. ‘‘plus’’, and expenditure’ shall not include any amount to ‘‘(B) CHANGE IN OWNERSHIP.— (C) by adding at the end the following new the extent such amount is funded by any ‘‘(i) IN GENERAL.—Except as provided in grant, contract, or otherwise by another per- clause (ii), the disposition of a taxpayer’s in- paragraph: son (or any governmental entity). terest in a qualified child care facility with ‘‘(13) the employer-provided child care credit determined under section 45D.’’. ‘‘(C) LIMITATION ON ALLOWABLE OPERATING respect to which the credit described in sub- (2) The table of sections for subpart D of COSTS.—The term ‘qualified child care ex- section (a) was allowable. part IV of subchapter A of chapter 1 is penditure’ shall not include any amount de- ‘‘(ii) AGREEMENT TO ASSUME RECAPTURE LI- amended by adding at the end the following scribed in subparagraph (A)(ii) if such ABILITY.—Clause (i) shall not apply if the amount is paid or incurred after the third person acquiring such interest in the facility new item: taxable year in which a credit under this sec- agrees in writing to assume the recapture li- ‘‘Sec. 45D. Employer-provided child care tion is taken by the taxpayer, unless the ability of the person disposing of such inter- credit.’’. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11617

(c) EFFECTIVE DATE.—The amendments ‘‘PART I—DESIGNATION ‘‘(iii) the manner in which nominated areas made by this section shall apply to taxable ‘‘Sec. 1400E. Designation of renewal commu- will be evaluated based on the criteria speci- years beginning after December 31, 1998. nities. fied in subsection (d). TITLE II—EDUCATION AND ‘‘SEC. 1400E. DESIGNATION OF RENEWAL COMMU- ‘‘(B) TIME LIMITATIONS.—The Secretary of INFRASTRUCTURE NITIES. Housing and Urban Development may des- ignate nominated areas as renewal commu- Subtitle A—General Provisions ‘‘(a) DESIGNATION.— ‘‘(1) DEFINITIONS.—For purposes of this nities only during the 24-month period begin- SEC. 201. ELIGIBLE EDUCATIONAL INSTITUTIONS ning on the first day of the first month fol- PERMITTED TO MAINTAIN QUALI- title, the term ‘renewal community’ means any area— lowing the month in which the regulations FIED TUITION PROGRAMS. described in subparagraph (A) are prescribed. (a) IN GENERAL.—Paragraph (1) of section ‘‘(A) which is nominated by one or more local governments and the State or States in ‘‘(C) PROCEDURAL RULES.—The Secretary of 529(b) (defining qualified State tuition pro- Housing and Urban Development shall not gram) is amended by inserting ‘‘or by 1 or which it is located for designation as a re- newal community (hereinafter in this sec- make any designation of a nominated area as more eligible educational institutions’’ after a renewal community under paragraph (2) ‘‘maintained by a State or agency or instru- tion referred to as a ‘nominated area’), and ‘‘(B) which the Secretary of Housing and unless— mentality thereof’’. ‘‘(i) the local governments and the States Urban Development designates as a renewal (b) TECHNICAL AMENDMENTS.— in which the nominated area is located have community, after consultation with— (1) The texts of sections 72(e)(9), the authority— ‘‘(i) the Secretaries of Agriculture, Com- 135(c)(2)(C), 135(d)(1)(D), 529, 530, and ‘‘(I) to nominate such area for designation merce, Labor, and the Treasury; the Director 4973(e)(1)(B) are each amended by striking as a renewal community, of the Office of Management and Budget; and ‘‘qualified State tuition program’’ each place ‘‘(II) to make the State and local commit- the Administrator of the Small Business Ad- it appears and inserting ‘‘qualified tuition ments described in subsection (d), and ministration, and program’’. ‘‘(III) to provide assurances satisfactory to ‘‘(ii) in the case of an area on an Indian (2) The paragraph heading for paragraph (9) the Secretary of Housing and Urban Develop- reservation, the Secretary of the Interior. of section 72(e) and the subparagraph head- ment that such commitments will be ful- UMBER OF DESIGNATIONS.— ing for subparagraph (B) of section 530(b)(2) ‘‘(2) N filled, are each amended by striking ‘‘STATE’’. ‘‘(A) IN GENERAL.—The Secretary of Hous- ‘‘(ii) a nomination regarding such area is (3) The subparagraph heading for subpara- ing and Urban Development may designate submitted in such a manner and in such graph (C) of section 135(c)(2) is amended by not more than 20 nominated areas as renewal form, and contains such information, as the striking ‘‘QUALIFIED STATE TUITION PROGRAM’’ communities. Secretary of Housing and Urban Develop- and inserting ‘‘QUALIFIED TUITION PRO- ‘‘(B) MINIMUM DESIGNATION IN RURAL ment shall by regulation prescribe, and GRAMS’’. AREAS.—Of the areas designated under para- ‘‘(iii) the Secretary of Housing and Urban (4) Sections 529(c)(3)(D)(i) and 6693(a)(2)(C) graph (1), at least 4 must be areas— Development determines that any informa- are each amended by striking ‘‘qualified ‘‘(i) which are within a local government tion furnished is reasonably accurate. State tuition programs’’ and inserting jurisdiction or jurisdictions with a popu- ‘‘(5) NOMINATION PROCESS FOR INDIAN RES- ‘‘qualified tuition programs’’. lation of less than 50,000, ERVATIONS.—For purposes of this subchapter, (5)(A) The section heading of section 529 is ‘‘(ii) which are outside of a metropolitan in the case of a nominated area on an Indian amended to read as follows: statistical area (within the meaning of sec- reservation, the reservation governing body ‘‘SEC. 529. QUALIFIED TUITION PROGRAMS.’’. tion 143(k)(2)(B)), or (as determined by the Secretary of the Inte- (B) The item relating to section 529 in the ‘‘(iii) which are determined by the Sec- rior) shall be treated as being both the State table of sections for part VIII of subchapter retary of Housing and Urban Development, and local governments with respect to such F of chapter 1 is amended by striking after consultation with the Secretary of area. ‘‘State’’. Commerce, to be rural areas. ‘‘(b) PERIOD FOR WHICH DESIGNATION IS IN REAS DESIGNATED BASED ON DEGREE (c) EFFECTIVE DATE.—The amendments ‘‘(3) A EFFECT.— made by this section shall take effect on OF POVERTY, ETC.— ‘‘(1) IN GENERAL.—Any designation of an January 1, 1999. ‘‘(A) IN GENERAL.—Except as otherwise pro- area as a renewal community shall remain in vided in this section, the nominated areas SEC. 202. INCREASE IN VOLUME CAP ON PRIVATE effect during the period beginning on the ACTIVITY BONDS. designated as renewal communities under date of the designation and ending on the this subsection shall be those nominated (a) IN GENERAL.—Subsection (d) of section earliest of— 146 (relating to volume cap) is amended by areas with the highest average ranking with ‘‘(A) December 31, 2006, striking paragraph (2), by redesignating respect to the criteria described in subpara- ‘‘(B) the termination date designated by paragraphs (3) and (4) as paragraphs (2) and graphs (B), (C), and (D) of subsection (c)(3). the State and local governments in their (3), respectively, and by striking paragraph For purposes of the preceding sentence, an nomination, or (1) and inserting the following new para- area shall be ranked within each such cri- ‘‘(C) the date the Secretary of Housing and graph: terion on the basis of the amount by which Urban Development revokes such designa- the area exceeds such criterion, with the ‘‘(1) IN GENERAL.—The State ceiling appli- tion. cable to any State for any calendar year area which exceeds such criterion by the ‘‘(2) REVOCATION OF DESIGNATION.—The Sec- shall be the greater of— greatest amount given the highest ranking. retary of Housing and Urban Development ‘‘(A) an amount equal to $75 multiplied by ‘‘(B) EXCEPTION WHERE INADEQUATE COURSE may revoke the designation under this sec- the State population, or OF ACTION, ETC.—An area shall not be des- tion of an area if such Secretary determines ‘‘(B) $225,000,000. ignated under subparagraph (A) if the Sec- that the local government or the State in Subparagraph (B) shall not apply to any pos- retary of Housing and Urban Development which the area is located— session of the United States.’’ determines that the course of action de- ‘‘(A) has modified the boundaries of the scribed in subsection (d)(2) with respect to (b) CONFORMING AMENDMENT.—Sections area, or 25(f)(3) and 42(h)(3)(E)(iii) are each amended such area is inadequate. ‘‘(B) is not complying substantially with, by striking ‘‘section 146(d)(3)(C)’’ and insert- ‘‘(C) PRIORITY FOR EMPOWERMENT ZONES or fails to make progress in achieving, the ing ‘‘section 146(d)(2)(C)’’. AND ENTERPRISE COMMUNITIES WITH RESPECT State or local commitments, respectively, (c) EFFECTIVE DATE.—The amendments TO FIRST HALF OF DESIGNATIONS.—With re- described in subsection (d). made by this section shall apply to calendar spect to the first 10 designations made under ‘‘(c) AREA AND ELIGIBILITY REQUIRE- years after 1998. this section— MENTS.— ‘‘(i) 10 shall be chosen from nominated ‘‘(1) IN GENERAL.—The Secretary of Hous- Subtitle B—American Community Renewal areas which are empowerment zones or en- ing and Urban Development may designate a Act of 1998 terprise communities (and are otherwise eli- nominated area as a renewal community SEC. 211. SHORT TITLE. gible for designation under this section), and under subsection (a) only if the area meets This subtitle may be cited as the ‘‘Amer- ‘‘(ii) of such 10, 2 shall be areas described in the requirements of paragraphs (2) and (3) of ican Community Renewal Act of 1998’’. paragraph (2)(B). this subsection. SEC. 212. DESIGNATION OF AND TAX INCENTIVES ‘‘(4) LIMITATION ON DESIGNATIONS.— ‘‘(2) AREA REQUIREMENTS.—A nominated FOR RENEWAL COMMUNITIES. ‘‘(A) PUBLICATION OF REGULATIONS.—The area meets the requirements of this para- (a) IN GENERAL.—Chapter 1 is amended by Secretary of Housing and Urban Develop- graph if— adding at the end the following new sub- ment shall prescribe by regulation no later ‘‘(A) the area is within the jurisdiction of chapter: than 4 months after the date of the enact- one or more local governments, ‘‘Subchapter X—Renewal Communities ment of this section, after consultation with ‘‘(B) the boundary of the area is continu- ‘‘Part I. Designation. the officials described in paragraph (1)(B)— ous, and ‘‘(i) the procedures for nominating an area ‘‘(C) the area— ‘‘Part II. Renewal community capital gain; under paragraph (1)(A), ‘‘(i) has a population, of at least— renewal community business. ‘‘(ii) the parameters relating to the size ‘‘(I) 4,000 if any portion of such area (other ‘‘Part III. Family development accounts. and population characteristics of a renewal than a rural area described in subsection ‘‘Part IV. Additional incentives. community, and (a)(2)(B)(i)) is located within a metropolitan S11618 CONGRESSIONAL RECORD — SENATE October 6, 1998 statistical area (within the meaning of sec- ‘‘(iv) Actions to reduce, remove, simplify, ‘‘(A) any county, city, town, township, par- tion 143(k)(2)(B)) which has a population of or streamline governmental requirements ish, village, or other general purpose politi- 50,000 or greater, or applying within the renewal community. cal subdivision of a State, ‘‘(II) 1,000 in any other case, or ‘‘(v) Involvement in the program by pri- ‘‘(B) any combination of political subdivi- ‘‘(ii) is entirely within an Indian reserva- vate entities, organizations, neighborhood sions described in subparagraph (A) recog- tion (as determined by the Secretary of the organizations, and community groups, par- nized by the Secretary of Housing and Urban Interior). ticularly those in the renewal community, Development, and ‘‘(3) ELIGIBILITY REQUIREMENTS.—A nomi- including a commitment from such private ‘‘(C) the District of Columbia. nated area meets the requirements of this entities to provide jobs and job training for, ‘‘(4) APPLICATION OF RULES RELATING TO paragraph if the State and the local govern- and technical, financial, or other assistance CENSUS TRACTS AND CENSUS DATA.—The rules ments in which it is located certify (and the to, employers, employees, and residents from of sections 1392(b)(4) and 1393(a)(9) shall Secretary of Housing and Urban Develop- the renewal community. apply. ment, after such review of supporting data as ‘‘(vi) State or local income tax benefits for ‘‘PART II—RENEWAL COMMUNITY CAP- he deems appropriate, accepts such certifi- fees paid for services performed by a non- ITAL GAIN; RENEWAL COMMUNITY BUSI- cation) that— governmental entity which were formerly NESS ‘‘(A) the area is one of pervasive poverty, performed by a governmental entity. unemployment, and general distress, ‘‘(vii) The gift (or sale at below fair market ‘‘Sec. 1400F. Renewal community capital ‘‘(B) the unemployment rate in the area, as value) of surplus real property (such as land, gain. determined by the most recent available homes, and commercial or industrial struc- ‘‘Sec. 1400G. Renewal community business data, was at least 11⁄2 times the national un- tures) in the renewal community to neigh- defined. employment rate for the period to which borhood organizations, community develop- such data relate, ment corporations, or private companies. ‘‘SEC. 1400F. RENEWAL COMMUNITY CAPITAL GAIN. ‘‘(C) the poverty rate for each population ‘‘(B) RECOGNITION OF PAST EFFORTS.—For census tract within the nominated area is at purposes of this section, in evaluating the ‘‘(a) GENERAL RULE.—Gross income does least 20 percent, and course of action agreed to by any State or not include any qualified capital gain recog- ‘‘(D) in the case of an urban area, at least local government, the Secretary of Housing nized on the sale or exchange of a qualified 70 percent of the households living in the and Urban Development shall take into ac- community asset held for more than 5 years. area have incomes below 80 percent of the count the past efforts of such State or local ‘‘(b) QUALIFIED COMMUNITY ASSET.—For median income of households within the ju- government in reducing the various burdens purposes of this section— risdiction of the local government (deter- borne by employers and employees in the ‘‘(1) IN GENERAL.—The term ‘qualified com- mined in the same manner as under section area involved. munity asset’ means— 119(b)(2) of the Housing and Community De- ‘‘(3) ECONOMIC GROWTH PROMOTION REQUIRE- ‘‘(A) any qualified community stock, velopment Act of 1974). MENTS.—The economic growth promotion re- ‘‘(B) any qualified community partnership ‘‘(4) CONSIDERATION OF HIGH INCIDENCE OF quirements of this paragraph are met with interest, and CRIME.—The Secretary of Housing and Urban respect to a nominated area if the local gov- ‘‘(C) any qualified community business Development shall take into account, in se- ernment and the State in which such area is property. lecting nominated areas for designation as located certify in writing that such govern- ‘‘(2) QUALIFIED COMMUNITY STOCK.— renewal communities under this section, the ment and State, respectively, have repealed ‘‘(A) IN GENERAL.—Except as provided in extent to which such areas have a high inci- or otherwise will not enforce within the subparagraph (B), the term ‘qualified com- dence of crime. area, if such area is designated as a renewal munity stock’ means any stock in a domes- ‘‘(5) CONSIDERATION OF COMMUNITIES IDENTI- community— tic corporation if— FIED IN GAO STUDY.—The Secretary of Hous- ‘‘(A) licensing requirements for occupa- ‘‘(i) such stock is acquired by the taxpayer ing and Urban Development shall take into tions that do not ordinarily require a profes- after December 31, 1999, and before January account, in selecting nominated areas for sional degree, 1, 2007, at its original issue (directly or designation as renewal communities under ‘‘(B) zoning restrictions on home-based through an underwriter) from the corpora- this section, if the area has census tracts businesses which do not create a public nui- tion solely in exchange for cash, identified in the May 12, 1998, report of the sance, ‘‘(ii) as of the time such stock was issued, Government Accounting Office regarding the ‘‘(C) permit requirements for street ven- such corporation was a renewal community identification of economically distressed dors who do not create a public nuisance, business (or, in the case of a new corpora- areas. ‘‘(D) zoning or other restrictions that im- tion, such corporation was being organized ‘‘(d) REQUIRED STATE AND LOCAL COMMIT- pede the formation of schools or child care for purposes of being a renewal community MENTS.— centers, and business), and ‘‘(1) IN GENERAL.—The Secretary of Hous- ‘‘(E) franchises or other restrictions on ‘‘(iii) during substantially all of the tax- ing and Urban Development may designate competition for businesses providing public payer’s holding period for such stock, such any nominated area as a renewal community services, including but not limited to taxi- corporation qualified as a renewal commu- under subsection (a) only if— cabs, jitneys, cable television, or trash haul- nity business. ‘‘(A) the local government and the State in ing, ‘‘(B) REDEMPTIONS.—A rule similar to the which the area is located agree in writing except to the extent that such regulation of rule of section 1202(c)(3) shall apply for pur- that, during any period during which the businesses and occupations is necessary for poses of this paragraph. area is a renewal community, such govern- and well-tailored to the protection of health ‘‘(3) QUALIFIED COMMUNITY PARTNERSHIP IN- ments will follow a specified course of action and safety. TEREST.—The term ‘qualified community partnership interest’ means any interest in a which meets the requirements of paragraph ‘‘(e) COORDINATION WITH TREATMENT OF EM- partnership if— (2) and is designed to reduce the various bur- POWERMENT ZONES AND ENTERPRISE COMMU- ‘‘(A) such interest is acquired by the tax- dens borne by employers or employees in NITIES.—For purposes of this title, if there payer after December 31, 1999, and before such area, and are in effect with respect to the same area January 1, 2007, ‘‘(B) the economic growth promotion re- both— ‘‘(B) as of the time such interest was ac- quirements of paragraph (3) are met. ‘‘(1) a designation as a renewal community, quired, such partnership was a renewal com- ‘‘(2) COURSE OF ACTION.— and munity business (or, in the case of a new ‘‘(A) IN GENERAL.—A course of action meets ‘‘(2) a designation as an empowerment zone partnership, such partnership was being or- the requirements of this paragraph if such or enterprise community, course of action is a written document, ganized for purposes of being a renewal com- signed by a State (or local government) and both of such designations shall be given full munity business), and neighborhood organizations, which evidences effect with respect to such area. ‘‘(C) during substantially all of the tax- a partnership between such State or govern- ‘‘(f) DEFINITIONS AND SPECIAL RULES.—For payer’s holding period for such interest, such ment and community-based organizations purposes of this subchapter— partnership qualified as a renewal commu- and which commits each signatory to spe- ‘‘(1) GOVERNMENTS.—If more than one gov- nity business. cific and measurable goals, actions, and ernment seeks to nominate an area as a re- A rule similar to the rule of paragraph (2)(B) timetables. Such course of action shall in- newal community, any reference to, or re- shall apply for purposes of this paragraph. clude at least five of the following: quirement of, this section shall apply to all ‘‘(4) QUALIFIED COMMUNITY BUSINESS PROP- ‘‘(i) A reduction of tax rates or fees apply- such governments. ERTY.— ing within the renewal community. ‘‘(2) STATE.—The term ‘State’ includes ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(ii) An increase in the level of efficiency Puerto Rico, the Virgin Islands of the United community business property’ means tan- of local services within the renewal commu- States, Guam, American Samoa, the North- gible property if— nity. ern Mariana Islands, and any other posses- ‘‘(i) such property was acquired by the tax- ‘‘(iii) Crime reduction strategies, such as sion of the United States. payer by purchase (as defined in section crime prevention (including the provision of ‘‘(3) LOCAL GOVERNMENT.—The term ‘local 179(d)(2)) after December 31, 1999, and before such services by nongovernmental entities). government’ means— January 1, 2007, October 6, 1998 CONGRESSIONAL RECORD — SENATE S11619

‘‘(ii) the original use of such property in ‘‘(3) SPECIAL RULES FOR CERTAIN MARRIED ital, plant, equipment, working capital, and the renewal community commences with the INDIVIDUALS.—Rules similar to rules of sec- inventory expenses. taxpayer, and tion 219(c) shall apply to the limitation in ‘‘(C) QUALIFIED BUSINESS.—The term ‘quali- ‘‘(iii) during substantially all of the tax- paragraph (2)(A). fied business’ means any business that does payer’s holding period for such property, ‘‘(4) COORDINATION WITH IRA’S.—No deduc- not contravene any law. substantially all of the use of such property tion shall be allowed under this section to ‘‘(D) QUALIFIED PLAN.—The term ‘qualified was in a renewal community business of the any person by reason of a payment to an ac- plan’ means a business plan which meets taxpayer. count for the benefit of a qualified individual such requirements as the Secretary may ‘‘(B) SPECIAL RULE FOR SUBSTANTIAL IM- if any amount is paid into an individual re- specify. PROVEMENTS.—The requirements of clauses tirement account (including a Roth IRA) for ‘‘(6) QUALIFIED MEDICAL EXPENSES.—The (i) and (ii) of subparagraph (A) shall be treat- the benefit of such individual. term ‘qualified medical expenses’ means any ed as satisfied with respect to— ‘‘(5) ROLLOVERS.—No deduction shall be al- amount paid during the taxable year, not ‘‘(i) property which is substantially im- lowed under this section with respect to any compensated for by insurance or otherwise, proved (within the meaning of section rollover contribution. for medical care (as defined in section 213(d)) 1400B(b)(4)(B)(ii)) by the taxpayer before Jan- ‘‘(b) TAX TREATMENT OF DISTRIBUTIONS.— of the taxpayer, his spouse, or his dependent uary 1, 2007, and ‘‘(1) INCLUSION OF AMOUNTS IN GROSS IN- (as defined in section 152). ‘‘(ii) any land on which such property is lo- COME.—Except as otherwise provided in this ‘‘(7) QUALIFIED ROLLOVERS.—The term cated. subsection, any amount paid or distributed ‘qualified rollover’ means any amount paid ‘‘(c) CERTAIN RULES TO APPLY.—Rules out of a family development account shall be from a family development account of a tax- similar to the rules of paragraphs (5), (6), and included in gross income by the payee or dis- payer into another such account established (7) of subsection (b), and subsections (e), (f), tributee, as the case may be. for the benefit of— ‘‘(A) such taxpayer, or and (g), of section 1400B shall apply for pur- ‘‘(2) EXCLUSION OF QUALIFIED FAMILY DEVEL- ‘‘(B) any qualified individual who is— poses of this section. OPMENT DISTRIBUTIONS.—Paragraph (1) shall ‘‘SEC. 1400G. RENEWAL COMMUNITY BUSINESS not apply to any qualified family develop- ‘‘(i) the spouse of such taxpayer, or DEFINED. ment distribution. ‘‘(ii) any dependent (as defined in section ‘‘For purposes of this part, the term ‘re- 152) of the taxpayer. ‘‘(c) QUALIFIED FAMILY DEVELOPMENT DIS- newal community business’ means any en- Rules similar to the rules of section 408(d)(3) tity or proprietorship which would be a TRIBUTION.—For purposes of this section— ‘‘(1) IN GENERAL.—The term ‘qualified fam- shall apply for purposes of this paragraph. qualified business entity or qualified propri- ‘‘(d) TAX TREATMENT OF ACCOUNTS.— etorship under section 1397B if— ily development distribution’ means any amount paid or distributed out of a family ‘‘(1) IN GENERAL.—Any family development ‘‘(1) references to renewal communities account is exempt from taxation under this were substituted for references to empower- development account which would otherwise be includible in gross income, to the extent subtitle unless such account has ceased to be ment zones in such section; and a family development account by reason of ‘‘(2) ‘80 percent’ were substituted for ‘50 that such payment or distribution is used ex- clusively to pay qualified family develop- paragraph (2). Notwithstanding the preced- percent’ in subsections (b)(2) and (c)(1) of ing sentence, any such account is subject to such section. ment expenses for the holder of the account or the spouse or dependent (as defined in sec- the taxes imposed by section 511 (relating to ‘‘PART III—FAMILY DEVELOPMENT tion 152) of such holder. imposition of tax on unrelated business in- ACCOUNTS come of charitable, etc., organizations). Not- ‘‘(2) QUALIFIED FAMILY DEVELOPMENT EX- withstanding any other provision of this ‘‘Sec. 1400H. Family development accounts PENSES.—The term ‘qualified family develop- for renewal community EITC ment expenses’ means any of the following: title (including chapters 11 and 12), the basis recipients. ‘‘(A) Qualified higher education expenses. of any person in such an account is zero. ‘‘Sec. 1400I. Demonstration program to pro- ‘‘(B) Qualified first-time homebuyer costs. ‘‘(2) LOSS OF EXEMPTION IN CASE OF PROHIB- vide matching contributions to ‘‘(C) Qualified business capitalization ITED TRANSACTIONS.—For purposes of this family development accounts in costs. section, rules similar to the rules of section certain renewal communities. ‘‘(D) Qualified medical expenses. 408(e) shall apply. ‘‘Sec. 1400J. Designation of earned income ‘‘(E) Qualified rollovers. ‘‘(3) OTHER RULES TO APPLY.—Rules similar to the rules of paragraphs (4), (5), and (6) of tax credit payments for deposit ‘‘(3) QUALIFIED HIGHER EDUCATION EX- section 408(d) shall apply for purposes of this to family development account. PENSES.— section. ‘‘SEC. 1400H. FAMILY DEVELOPMENT ACCOUNTS ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(e) FAMILY DEVELOPMENT ACCOUNT.—For FOR RENEWAL COMMUNITY EITC higher education expenses’ has the meaning purposes of this title, the term ‘family devel- RECIPIENTS. given such term by section 72(t)(7), deter- ‘‘(a) ALLOWANCE OF DEDUCTION.— opment account’ means a trust created or or- mined by treating postsecondary vocational ganized in the United States for the exclu- ‘‘(1) IN GENERAL.—There shall be allowed as educational schools as eligible educational a deduction— sive benefit of a qualified individual or his institutions. beneficiaries, but only if the written govern- ‘‘(A) in the case of a qualified individual, ‘‘(B) POSTSECONDARY VOCATIONAL EDU- the amount paid in cash for the taxable year ing instrument creating the trust meets the CATION SCHOOL.—The term ‘postsecondary vo- following requirements: by such individual to any family develop- cational educational school’ means an area ‘‘(1) Except in the case of a qualified roll- ment account for such individual’s benefit, vocational education school (as defined in over (as defined in subsection (c)(7))— and subparagraph (C) or (D) of section 521(4) of ‘‘(A) no contribution will be accepted un- ‘‘(B) in the case of any person other than a the Carl D. Perkins Vocational and Applied less it is in cash, and qualified individual, the amount paid in cash Technology Education Act (20 U.S.C. 2471(4))) ‘‘(B) contributions will not be accepted for for the taxable year by such person to any which is in any State (as defined in section the taxable year in excess of $3,000 (deter- family development account for the benefit 521(33) of such Act), as such sections are in mined without regard to any contribution of a qualified individual but only if the effect on the date of the enactment of this made under section 1400I (relating to dem- amount so paid is designated for purposes of section. onstration program to provide matching this section by such individual. ‘‘(C) COORDINATION WITH OTHER BENEFITS.— amounts in renewal communities)). No deduction shall be allowed under this The amount of qualified higher education ex- ‘‘(2) The requirements of paragraphs (2) paragraph for any amount deposited in a penses for any taxable year shall be reduced through (6) of section 408(a) are met. family development account under section as provided in section 25A(g)(2). ‘‘(f) QUALIFIED INDIVIDUAL.—For purposes 1400I (relating to demonstration program to ‘‘(4) QUALIFIED FIRST-TIME HOMEBUYER of this section, the term ‘qualified individ- provide matching amounts in renewal com- COSTS.—The term ‘qualified first-time home- ual’ means, for any taxable year, an individ- munities). buyer costs’ means qualified acquisition ual— ‘‘(2) LIMITATION.— costs (as defined in section 72(t)(8) without ‘‘(1) who is a bona fide resident of a re- ‘‘(A) IN GENERAL.—The amount allowable regard to subparagraph (B) thereof) with re- newal community throughout the taxable as a deduction to any individual for any tax- spect to a principal residence (within the year, and able year by reason of paragraph (1)(A) shall meaning of section 121) for a qualified first- ‘‘(2) to whom a credit was allowed under not exceed the lesser of— time homebuyer (as defined in such section). section 32 for the preceding taxable year. ‘‘(i) $2,000, or ‘‘(5) QUALIFIED BUSINESS CAPITALIZATION ‘‘(g) OTHER DEFINITIONS AND SPECIAL ‘‘(ii) an amount equal to the compensation COSTS.— RULES.— includible in the individual’s gross income ‘‘(A) IN GENERAL.—The term ‘qualified ‘‘(1) COMPENSATION.—The term ‘compensa- for such taxable year. business capitalization costs’ means quali- tion’ has the meaning given such term by ‘‘(B) PERSONS DONATING TO FAMILY DEVEL- fied expenditures for the capitalization of a section 219(f)(1). OPMENT ACCOUNTS OF OTHERS.—The amount qualified business pursuant to a qualified ‘‘(2) MARRIED INDIVIDUALS.—The maximum which may be designated under paragraph plan. deduction under subsection (a) shall be com- (1)(B) by any qualified individual for any ‘‘(B) QUALIFIED EXPENDITURES.—The term puted separately for each individual, and taxable year of such individual shall not ex- ‘qualified expenditures’ means expenditures this section shall be applied without regard ceed $1,000. included in a qualified plan, including cap- to any community property laws. S11620 CONGRESSIONAL RECORD — SENATE October 6, 1998

‘‘(3) TIME WHEN CONTRIBUTIONS DEEMED ‘‘(1) DEFINITIONS.—For purposes of this sec- (1) with respect to any individual for any MADE.—For purposes of this section, a tax- tion, the term ‘FDA matching demonstra- taxable year. payer shall be deemed to have made a con- tion area’ means any renewal community— ‘‘(B) AGGREGATE LIMIT.—The Secretary tribution to a family development account ‘‘(A) which is nominated under this section shall not deposit more than $2000 under para- on the last day of the preceding taxable year by each of the local governments and States graph (1) with respect to any individual for if the contribution is made on account of which nominated such community for des- all taxable years. such taxable year and is made not later than ignation as a renewal community under sec- ‘‘(3) EXCLUSION FROM INCOME.—Except as the time prescribed by law for filing the re- tion 1400E(a)(1)(A), and provided in section 1400H, gross income shall turn for such taxable year (not including ex- ‘‘(B) which the Secretary of Housing and not include any amount deposited into a tensions thereof). Urban Development designates as an FDA family development account under para- ‘‘(4) EMPLOYER PAYMENTS; CUSTODIAL AC- matching demonstration area after consulta- graph (1). COUNTS.—Rules similar to the rules of sec- tion with— ‘‘(d) NOTICE OF PROGRAM.—The Secretary tions 219(f)(5) and 408(h) shall apply for pur- ‘‘(i) the Secretaries of Agriculture, Com- shall provide appropriate notice to residents poses of this section. merce, Labor, and the Treasury, the Director of FDA matching demonstration areas of the ‘‘(5) REPORTS.—The trustee of a family de- of the Office of Management and Budget, and availability of the benefits under this sec- velopment account shall make such reports the Administrator of the Small Business Ad- tion. regarding such account to the Secretary and ministration, and ‘‘(e) TERMINATION.—No amount may be de- posited under this section for any taxable to the individual for whom the account is ‘‘(ii) in the case of a community on an In- year beginning after December 31, 2006. maintained with respect to contributions dian reservation, the Secretary of the Inte- (and the years to which they relate), dis- rior. ‘‘SEC. 1400J. DESIGNATION OF EARNED INCOME TAX CREDIT PAYMENTS FOR DE- tributions, and such other matters as the ‘‘(2) NUMBER OF DESIGNATIONS.— POSIT TO FAMILY DEVELOPMENT Secretary may require under regulations. ‘‘(A) IN GENERAL.—The Secretary of Hous- ACCOUNT. The reports required by this paragraph— ing and Urban Development may designate ‘‘(a) IN GENERAL.—With respect to the re- ‘‘(A) shall be filed at such time and in such not more than 5 communities as FDA match- turn of any qualified individual (as defined manner as the Secretary prescribes in such ing demonstration areas. in section 1400H(f)) for the taxable year of regulations, and ‘‘(B) MINIMUM DESIGNATION IN RURAL the tax imposed by this chapter, such indi- ‘‘(B) shall be furnished to individuals— AREAS.—Of the areas designated under sub- vidual may designate that a specified por- ‘‘(i) not later than January 31 of the cal- paragraph (A), at least 2 must be areas de- tion (not less than $1) of any overpayment of endar year following the calendar year to scribed in section 1400E(a)(2)(B). tax for such taxable year which is attrib- which such reports relate, and ‘‘(3) LIMITATIONS ON DESIGNATIONS.— utable to the earned income tax credit shall ‘‘(ii) in such manner as the Secretary pre- ‘‘(A) PUBLICATION OF REGULATIONS.—The be deposited by the Secretary into a family scribes in such regulations. Secretary of Housing and Urban Develop- development account of such individual. The ‘‘(6) INVESTMENT IN COLLECTIBLES TREATED ment shall prescribe by regulation no later Secretary shall so deposit such portion des- AS DISTRIBUTIONS.—Rules similar to the rules than 4 months after the date of the enact- ignated under this subsection. of section 408(m) shall apply for purposes of ment of this section, after consultation with ‘‘(b) MANNER AND TIME OF DESIGNATION.—A this section. the officials described in paragraph (1)(B)— designation under subsection (a) may be made with respect to any taxable year— ‘‘(h) PENALTY FOR DISTRIBUTIONS NOT USED ‘‘(i) the procedures for nominating a re- ‘‘(1) at the time of filing the return of the FOR QUALIFIED FAMILY DEVELOPMENT EX- newal community under paragraph (1)(A) (in- tax imposed by this chapter for such taxable PENSES.— cluding procedures for coordinating such year, or ‘‘(1) IN GENERAL.—If any amount is distrib- nomination with the nomination of an area ‘‘(2) at any other time (after the time of uted from a family development account and for designation as a renewal community filing the return of the tax imposed by this is not used exclusively to pay qualified fam- under section 1400E), and chapter for such taxable year) specified in ily development expenses for the holder of ‘‘(ii) the manner in which nominated re- regulations prescribed by the Secretary. the account or the spouse or dependent (as newal communities will be evaluated for pur- defined in section 152) of such holder, the tax poses of this section. Such designation shall be made in such man- imposed by this chapter for the taxable year ‘‘(B) TIME LIMITATIONS.—The Secretary of ner as the Secretary prescribes by regula- of such distribution shall be increased by the Housing and Urban Development may des- tions. ‘‘(c) PORTION ATTRIBUTABLE TO EARNED IN- sum of— ignate renewal communities as FDA match- ing demonstration areas only during the 24- COME TAX CREDIT.—For purposes of sub- ‘‘(A) 100 percent of the portion of such section (a), an overpayment for any taxable amount which is includible in gross income month period beginning on the first day of the first month following the month in year shall be treated as attributable to the and is attributable to amounts contributed earned income tax credit to the extent that under section 1400I (relating to demonstra- which the regulations described in subpara- graph (A) are prescribed. such overpayment does not exceed the credit tion program to provide matching amounts allowed to the taxpayer under section 32 for ‘‘(4) DESIGNATION BASED ON DEGREE OF POV- in renewal communities), and such taxable year. ERTY, ETC.—The rules of section 1400E(a)(3) ‘‘(B) 10 percent of the portion of such ‘‘(d) OVERPAYMENTS TREATED AS RE- shall apply for purposes of designations of amount which is includible in gross income FUNDED.—For purposes of this title, any por- FDA matching demonstration areas under and is not described in subparagraph (A). tion of an overpayment of tax designated this section. For purposes of this subsection, distributions under subsection (a) shall be treated as being ‘‘(b) PERIOD FOR WHICH DESIGNATION IS IN which are includable in gross income shall be refunded to the taxpayer as of the last date EFFECT.—Any designation of a renewal com- treated as attributable to amounts contrib- prescribed for filing the return of tax im- munity as an FDA matching demonstration posed by this chapter (determined without uted under section 1400I to the extent there- area shall remain in effect during the period of. For purposes of the preceding sentence, regard to extensions) or, if later, the date beginning on the date of such designation the return is filed. all family development accounts of an indi- and ending on the date on which such area vidual shall be treated as one account. ‘‘(e) TERMINATION.—This section shall not ceases to be a renewal community. apply to any taxable year beginning after ‘‘(2) EXCEPTION FOR CERTAIN DISTRIBU- ‘‘(c) MATCHING CONTRIBUTIONS TO FAMILY December 31, 2006. TIONS.—Paragraph (1) shall not apply to dis- DEVELOPMENT ACCOUNTS.— tributions which are— ‘‘PART IV—ADDITIONAL INCENTIVES ‘‘(1) IN GENERAL.—Not less than once each ‘‘Sec. 1400K. Commercial revitalization cred- ‘‘(A) made on or after the date on which taxable year, the Secretary shall deposit (to 1⁄2, it. the account holder attains age 59 the extent provided in appropriation Acts) ‘‘(B) made to a beneficiary (or the estate of into a family development account of each ‘‘Sec. 1400L. Increase in expensing under sec- the account holder) on or after the death of qualified individual (as defined in section tion 179. the account holder, or 1400H(f))— ‘‘SEC. 1400K. COMMERCIAL REVITALIZATION ‘‘(C) attributable to the account holder’s CREDIT. ‘‘(A) who is a resident throughout the tax- being disabled within the meaning of section ‘‘(a) GENERAL RULE.—For purposes of sec- able year of an FDA matching demonstra- 72(m)(7). tion 46, except as provided in subsection (e), tion area, and the commercial revitalization credit for any ‘‘(i) TERMINATION.—No deduction shall be ‘‘(B) who requests (in such form and man- allowed under this section for any amount taxable year is an amount equal to the appli- ner as the Secretary prescribes) such deposit cable percentage of the qualified revitaliza- paid to a family development account for for the taxable year, tion expenditures with respect to any quali- any taxable year beginning after December an amount equal to the sum of the amounts fied revitalization building. 31, 2006. deposited into all of the family development ‘‘(b) APPLICABLE PERCENTAGE.—For pur- ‘‘SEC. 1400I. DEMONSTRATION PROGRAM TO PRO- accounts of such individual during such tax- poses of this section— VIDE MATCHING CONTRIBUTIONS able year (determined without regard to any ‘‘(1) IN GENERAL.—The term ‘applicable per- TO FAMILY DEVELOPMENT AC- amount contributed under this section). centage’ means— COUNTS IN CERTAIN RENEWAL COM- ‘‘(2) LIMITATIONS.— ‘‘(A) 20 percent for the taxable year in MUNITIES. ‘‘(A) ANNUAL LIMIT.—The Secretary shall which a qualified revitalization building is ‘‘(a) DESIGNATION.— not deposit more than $1000 under paragraph placed in service, or October 6, 1998 CONGRESSIONAL RECORD — SENATE S11621

‘‘(B) at the election of the taxpayer, 5 per- ‘‘(1) IN GENERAL.—Qualified revitalization ‘‘(iii) the active involvement of residents cent for each taxable year in the credit pe- expenditures with respect to any qualified and nonprofit groups within the renewal riod. revitalization building shall be taken into community, and The election under subparagraph (B), once account for the taxable year in which the ‘‘(C) which provides a procedure that the made, shall be irrevocable. qualified revitalization building is placed in agency (or its agent) will follow in monitor- ‘‘(2) CREDIT PERIOD.— service. For purposes of the preceding sen- ing compliance with this section. ‘‘(g) TERMINATION.—This section shall not ‘‘(A) IN GENERAL.—The term ‘credit period’ tence, a substantial rehabilitation of a build- apply to any building placed in service after means, with respect to any building, the pe- ing shall be treated as a separate building. December 31, 2006. riod of 10 taxable years beginning with the ‘‘(2) PROGRESS EXPENDITURE PAYMENTS.— taxable year in which the building is placed Rules similar to the rules of subsections ‘‘SEC. 1400L. INCREASE IN EXPENSING UNDER SECTION 179. in service. (b)(2) and (d) of section 47 shall apply for pur- poses of this section. ‘‘(a) GENERAL RULE.—In the case of a re- ‘‘(B) APPLICABLE RULES.—Rules similar to newal community business (as defined in sec- the rules under paragraphs (2) and (4) of sec- ‘‘(e) LIMITATION ON AGGREGATE CREDITS AL- tion 1400G), for purposes of section 179— tion 42(f) shall apply. LOWABLE WITH RESPECT TO BUILDINGS LO- ‘‘(1) the limitation under section 179(b)(1) ‘‘(c) QUALIFIED REVITALIZATION BUILDINGS CATED IN A STATE.— shall be increased by the lesser of— AND EXPENDITURES.—For purposes of this ‘‘(1) IN GENERAL.—The amount of the credit ‘‘(A) $35,000, or section— determined under this section for any tax- ‘‘(B) the cost of section 179 property which ‘‘(1) QUALIFIED REVITALIZATION BUILDING.— able year with respect to any building shall is qualified renewal property placed in serv- The term ‘qualified revitalization building’ not exceed the commercial revitalization ice during the taxable year, and means any building (and its structural com- credit amount (in the case of an amount de- ‘‘(2) the amount taken into account under ponents) if— termined under subsection (b)(1)(B), the section 179(b)(2) with respect to any section ‘‘(A) such building is located in a renewal present value of such amount as determined 179 property which is qualified renewal prop- community and is placed in service after De- under the rules of section 42(b)(2)(C)) allo- erty shall be 50 percent of the cost thereof. cember 31, 1999, cated to such building under this subsection ‘‘(b) RECAPTURE.—Rules similar to the ‘‘(B) a commercial revitalization credit by the commercial revitalization credit rules under section 179(d)(10) shall apply with amount is allocated to the building under agency. Such allocation shall be made at the respect to any qualified renewal property subsection (e), and same time and in the same manner as under which ceases to be used in a renewal commu- ‘‘(C) depreciation (or amortization in lieu paragraphs (1) and (7) of section 42(h). nity by a renewal community business. of depreciation) is allowable with respect to ‘‘(c) QUALIFIED RENEWAL PROPERTY.—For ‘‘(2) COMMERCIAL REVITALIZATION CREDIT the building. purposes of this section— AMOUNT FOR AGENCIES.— ‘‘(2) QUALIFIED REVITALIZATION EXPENDI- ‘‘(1) IN GENERAL.—The term ‘qualified re- ‘‘(A) IN GENERAL.—The aggregate commer- TURE.— newal property’ means any property to cial revitalization credit amount which a ‘‘(A) IN GENERAL.—The term ‘qualified revi- which section 168 applies (or would apply but commercial revitalization credit agency may talization expenditure’ means any amount for section 179) if— allocate for any calendar year is the amount properly chargeable to capital account— ‘‘(A) such property was acquired by the of the State commercial revitalization credit ‘‘(i) for property for which depreciation is taxpayer by purchase (as defined in section ceiling determined under this paragraph for allowable under section 168 and which is— 179(d)(2)) after December 31, 1999, and before such calendar year for such agency. ‘‘(I) nonresidential real property, or January 1, 2007, and ‘‘(B) STATE COMMERCIAL REVITALIZATION ‘‘(II) an addition or improvement to prop- ‘‘(B) such property would be qualified zone CREDIT CEILING.—The State commercial revi- erty described in subclause (I), and property (as defined in section 1397C) if ref- talization credit ceiling applicable to any ‘‘(ii) in connection with the construction of erences to renewal communities were sub- State— any qualified revitalization building which stituted for references to empowerment ‘‘(i) for each calendar year after 1999 and was not previously placed in service or in zones in section 1397C. before 2007 is $2,000,000 for each renewal com- connection with the substantial rehabilita- ‘‘(2) CERTAIN RULES TO APPLY.—The rules of munity in the State, and tion (within the meaning of section subsections (a)(2) and (b) of section 1397C ‘‘(ii) zero for each calendar year thereafter. 47(c)(1)(C)) of a building which was placed in shall apply for purposes of this section.’’ ‘‘(C) COMMERCIAL REVITALIZATION CREDIT service before the beginning of such rehabili- SEC. 213. EXTENSION OF EXPENSING OF ENVI- AGENCY.—For purposes of this section, the tation. RONMENTAL REMEDIATION COSTS term ‘commercial revitalization credit agen- TO RENEWAL COMMUNITIES. ‘‘(B) DOLLAR LIMITATION.—The aggregate cy’ means any agency authorized by a State amount which may be treated as qualified (a) EXTENSION.—Paragraph (2) of section to carry out this section. 198(c) (defining targeted area) is amended by revitalization expenditures with respect to redesignating subparagraph (C) as subpara- any qualified revitalization building for any ‘‘(f) RESPONSIBILITIES OF COMMERCIAL REVI- graph (D) and by inserting after subpara- taxable year shall not exceed the excess of— TALIZATION CREDIT AGENCIES.— graph (B) the following new subparagraph: ‘‘(i) $10,000,000, reduced by ‘‘(1) PLANS FOR ALLOCATION.—Notwith- ‘‘(C) RENEWAL COMMUNITIES INCLUDED.—Ex- ‘‘(ii) any such expenditures with respect to standing any other provision of this section, cept as provided in subparagraph (B), such the building taken into account by the tax- the commercial revitalization credit amount term shall include a renewal community (as payer or any predecessor in determining the with respect to any building shall be zero un- defined in section 1400E).’’ amount of the credit under this section for less— (b) EXTENSION OF TERMINATION DATE FOR all preceding taxable years. ‘‘(A) such amount was allocated pursuant RENEWAL COMMUNITIES.—Subsection (h) of ‘‘(C) CERTAIN EXPENDITURES NOT IN- to a qualified allocation plan of the commer- section 198 is amended by inserting before CLUDED.—The term ‘qualified revitalization cial revitalization credit agency which is ap- the period ‘‘(December 31, 2006, in the case of expenditure’ does not include— proved (in accordance with rules similar to a renewal community, as defined in section ‘‘(i) STRAIGHT LINE DEPRECIATION MUST BE the rules of section 147(f)(2) (other than sub- 1400E).’’ USED.—Any expenditure (other than with re- paragraph (B)(ii) thereof)) by the govern- SEC. 214. EXTENSION OF WORK OPPORTUNITY spect to land acquisitions) with respect to mental unit of which such agency is a part, TAX CREDIT FOR RENEWAL COMMU- which the taxpayer does not use the straight and NITIES line method over a recovery period deter- ‘‘(B) such agency notifies the chief execu- (a) EXTENSION.—Subsection (c) of section 51 mined under subsection (c) or (g) of section tive officer (or its equivalent) of the local ju- (relating to termination) is amended by add- 168. The preceding sentence shall not apply risdiction within which the building is lo- ing at the end the following new paragraph: to any expenditure to the extent the alter- cated of such allocation and provides such ‘‘(5) EXTENSION OF CREDIT FOR RENEWAL native depreciation system of section 168(g) individual a reasonable opportunity to com- COMMUNITIES.— applies to such expenditure by reason of sub- ment on the allocation. ‘‘(A) IN GENERAL.—In the case of an indi- paragraph (B) or (C) of section 168(g)(1). ‘‘(2) QUALIFIED ALLOCATION PLAN.—For pur- vidual who begins work for the employer ‘‘(ii) ACQUISITION COSTS.—The costs of ac- poses of this subsection, the term ‘qualified after the date contained in paragraph (4)(B), quiring any building or interest therein and allocation plan’ means any plan— for purposes of section 38— any land in connection with such building to ‘‘(A) which sets forth selection criteria to ‘‘(i) in lieu of applying subsection (a), the the extent that such costs exceed 30 percent be used to determine priorities of the com- amount of the work opportunity credit de- of the qualified revitalization expenditures mercial revitalization credit agency which termined under this section for the taxable determined without regard to this clause. are appropriate to local conditions, year shall be equal to— ‘‘(iii) OTHER CREDITS.—Any expenditure ‘‘(B) which considers— ‘‘(I) 15 percent of the qualified first-year which the taxpayer may take into account in ‘‘(i) the degree to which a project contrib- wages for such year, and computing any other credit allowable under utes to the implementation of a strategic ‘‘(II) 30 percent of the qualified second-year this title unless the taxpayer elects to take plan that is devised for a renewal community wages for such year, the expenditure into account only for pur- through a citizen participation process, ‘‘(ii) subsection (b)(3) shall be applied by poses of this section. ‘‘(ii) the amount of any increase in perma- substituting ‘$10,000’ for ‘$6,000’, ‘‘(d) WHEN EXPENDITURES TAKEN INTO AC- nent, full-time employment by reason of any ‘‘(iii) paragraph (4)(B) shall be applied by COUNT.— project, and substituting for the date contained therein S11622 CONGRESSIONAL RECORD — SENATE October 6, 1998 the last day for which the designation under 1400H(c)(7), or a contribution under section the unused business credit for any taxable section 1400E of the renewal community re- 1400I), over year which is attributable to any commer- ferred to in subparagraph (B)(i) is in effect, ‘‘(B) the amount allowable as a deduction cial revitalization credit determined under and under section 1400H for such contributions, section 1400K may be carried back to a tax- ‘‘(iv) rules similar to the rules of section and able year ending before the date of the enact- 51A(b)(5)(C) shall apply. ‘‘(2) the amount determined under this sub- ment of section 1400K.’’ ‘‘(B) QUALIFIED FIRST- AND SECOND-YEAR section for the preceding taxable year re- (3) Subparagraph (B) of section 48(a)(2) is WAGES.—For purposes of subparagraph (A)— duced by the sum of— amended by inserting ‘‘or commercial revi- ‘‘(i) IN GENERAL.—The term ‘qualified ‘‘(A) the distributions out of the account talization’’ after ‘‘rehabilitation’’ each place wages’ means, with respect to each 1-year pe- for the taxable year which were included in it appears in the text and heading. riod referred to in clause (ii) or (iii), as the the gross income of the payee under section (4) Subparagraph (C) of section 49(a)(1) is case may be, the wages paid or incurred by 1400H(b)(1), amended by striking ‘‘and’’ at the end of the employer during the taxable year to any ‘‘(B) the distributions out of the account clause (ii), by striking the period at the end individual but only if— for the taxable year to which rules similar to of clause (iii) and inserting ‘‘, and’’, and by ‘‘(I) the employer is engaged in a trade or the rules of section 408(d)(5) apply by reason adding at the end the following new clause: business in a renewal community throughout of section 1400H(d)(3), and ‘‘(iv) the portion of the basis of any quali- such 1-year period, ‘‘(C) the excess (if any) of the maximum fied revitalization building attributable to ‘‘(II) the principal place of abode of such amount allowable as a deduction under sec- qualified revitalization expenditures.’’ individual is in such renewal community tion 1400H for the taxable year over the (5) Paragraph (2) of section 50(a) is amend- throughout such 1-year period, and amount contributed to the account for the ed by inserting ‘‘or 1400K(d)(2)’’ after ‘‘sec- ‘‘(III) substantially all of the services taxable year (other than a contribution tion 47(d)’’ each place it appears. which such individual performs for the em- under section 1400I). (6) Subparagraph (A) of section 50(a)(2) is ployer during such 1-year period are per- For purposes of this subsection, any con- amended by inserting ‘‘or qualified revital- formed in such renewal community. tribution which is distributed from the fam- ization building (respectively)’’ after ‘‘quali- ‘‘(ii) QUALIFIED FIRST-YEAR WAGES.—The ily development account in a distribution to fied rehabilitated building’’. term ‘qualified first-year wages’ means, with which rules similar to the rules of section (7) Subparagraph (B) of section 50(a)(2) is respect to any individual, qualified wages at- 408(d)(4) apply by reason of section amended by adding at the end the following tributable to service rendered during the 1- 1400H(d)(3) shall be treated as an amount not new sentence: ‘‘A similar rule shall apply for year period beginning with the day the indi- contributed.’’ purposes of section 1400K.’’ vidual begins work for the employer. (c) TAX ON PROHIBITED TRANSACTIONS.— (8) Paragraph (2) of section 50(b) is amend- ‘‘(iii) QUALIFIED SECOND-YEAR WAGES.—The Section 4975 is amended— ed by striking ‘‘and’’ at the end of subpara- term ‘qualified second-year wages’ means, (1) by adding at the end of subsection (c) graph (C), by striking the period at the end with respect to any individual, qualified the following new paragraph: of subparagraph (D) and inserting ‘‘; and’’, wages attributable to service rendered dur- ‘‘(6) SPECIAL RULE FOR FAMILY DEVELOP- and by adding at the end the following new ing the 1-year period beginning on the day MENT ACCOUNTS.—An individual for whose subparagraph: after the last day of the 1-year period with benefit a family development account is es- ‘‘(E) a qualified revitalization building (as respect to such individual determined under tablished and any contributor to such ac- defined in section 1400K) to the extent of the clause (ii).’’ count shall be exempt from the tax imposed portion of the basis which is attributable to (b) CONGRUENT TREATMENT OF RENEWAL by this section with respect to any trans- qualified revitalization expenditures (as de- COMMUNITIES AND ENTERPRISE ZONES FOR action concerning such account (which fined in section 1400K).’’ PURPOSES OF YOUTH RESIDENCE REQUIRE- would otherwise be taxable under this sec- (9) The last sentence of section 50(b)(3) is MENTS.— tion) if, with respect to such transaction, the amended to read as follows: ‘‘If any qualified (1) HIGH-RISK YOUTH.—Subparagraphs account ceases to be a family development rehabilitated building or qualified revitaliza- (A)(ii) and (B) of section 51(d)(5) are each account by reason of the application of sec- tion building is used by the tax-exempt orga- amended by striking ‘‘empowerment zone or tion 1400H(d)(2) to such account.’’, and nization pursuant to a lease, this paragraph enterprise community’’ and inserting ‘‘em- (2) in subsection (e)(1), by striking ‘‘or’’ at shall not apply for purposes of determining the amount of the rehabilitation credit or powerment zone, enterprise community, or the end of subparagraph (E), by redesignat- the commercial revitalization credit.’’ renewal community’’. ing subparagraph (F) as subparagraph (G), (10) Subparagraph (C) of section 50(b)(4) is (2) QUALIFIED SUMMER YOUTH EMPLOYEE.— and by inserting after subparagraph (E) the amended— Clause (iv) of section 51(d)(7)(A) is amended following new subparagraph: (A) by inserting ‘‘or commercial revitaliza- by striking ‘‘empowerment zone or enter- ‘‘(F) a family development account de- tion’’ after ‘‘rehabilitated’’ in the text and prise community’’ and inserting ‘‘empower- scribed in section 1400H(e), or’’. heading, and ment zone, enterprise community, or re- (d) INFORMATION RELATING TO CERTAIN (B) by inserting ‘‘or commercial revitaliza- newal community’’. TRUSTS AND ANNUITY PLANS.—Subsection (c) tion’’ after ‘‘rehabilitation’’. (3) HEADINGS.—Paragraphs (5)(B) and (7)(C) of section 6047 is amended— of section 51(d) are each amended by insert- (1) by inserting ‘‘or section 1400H’’ after (11) Subparagraph (C) of section 469(i)(3) is amended— ing ‘‘OR COMMUNITY’’ in the heading after ‘‘section 219’’, and (A) by inserting ‘‘or section 1400K’’ after ‘‘ZONE’’. (2) by inserting ‘‘, of any family develop- ‘‘section 42’’; and SEC. 215. CONFORMING AND CLERICAL AMEND- ment account described in section 1400H(e),’’, (B) by striking ‘‘CREDIT’’ in the heading MENTS. after ‘‘section 408(a)’’. and inserting ‘‘AND COMMERCIAL REVITALIZA- (a) DEDUCTION FOR CONTRIBUTIONS TO FAM- (e) INSPECTION OF APPLICATIONS FOR TAX TION CREDITS’’. ILY DEVELOPMENT ACCOUNTS ALLOWABLE EXEMPTION.—Clause (i) of section (h) CLERICAL AMENDMENTS.—The table of WHETHER OR NOT TAXPAYER ITEMIZES.—Sub- 6104(a)(1)(B) is amended by inserting ‘‘a fam- subchapters for chapter 1 is amended by add- section (a) of section 62 (relating to adjusted ily development account described in section ing at the end the following new item: gross income defined) is amended by insert- 1400H(e),’’ after ‘‘section 408(a),’’. ing after paragraph (17) the following new (f) FAILURE TO PROVIDE REPORTS ON FAM- ‘‘Subchapter X. Renewal Communities.’’ paragraph: ILY DEVELOPMENT ACCOUNTS.—Paragraph (2) SEC. 216. EVALUATION AND REPORTING RE- ‘‘(18) FAMILY DEVELOPMENT ACCOUNTS.—The of section 6693(a) is amended by striking QUIREMENTS. deduction allowed by section 1400H(a)(1)(A).’’ ‘‘and’’ at the end of subparagraph (C), by Not later than the close of the fourth cal- (b) TAX ON EXCESS CONTRIBUTIONS.— striking the period and inserting ‘‘, and’’ at endar year after the year in which the Sec- (1) TAX IMPOSED.—Subsection (a) of section the end of subparagraph (D), and by adding retary of Housing and Urban Development 4973 is amended by striking ‘‘or’’ at the end at the end the following new subparagraph: first designates an area as a renewal commu- of paragraph (3), adding ‘‘or’’ at the end of ‘‘(E) section 1400H(g)(6) (relating to family nity under section 1400E of the Internal Rev- paragraph (4), and inserting after paragraph development accounts).’’ enue Code of 1986, and at the close of each (4) the following new paragraph: (g) CONFORMING AMENDMENTS REGARDING fourth calendar year thereafter, such Sec- ‘‘(5) a family development account (within COMMERCIAL REVITALIZATION CREDIT.— retary shall prepare and submit to the Con- the meaning of section 1400H(e)),’’. (1) Section 46 (relating to investment cred- gress a report on the effects of such designa- (2) EXCESS CONTRIBUTIONS.—Section 4973 is it) is amended by striking ‘‘and’’ at the end tions in stimulating the creation of new jobs, amended by adding at the end the following of paragraph (2), by striking the period at particularly for disadvantaged workers and new subsection: the end of paragraph (3) and inserting ‘‘, long-term unemployed individuals, and pro- ‘‘(g) FAMILY DEVELOPMENT ACCOUNTS.—For and’’, and by adding at the end the following moting the revitalization of economically purposes of this section, in the case of a fam- new paragraph: distressed areas. ily development account, the term ‘excess ‘‘(4) the commercial revitalization credit Subtitle C—Tax Incentives for Education contributions’ means the sum of— provided under section 1400K.’’ SEC. 221. EXPANSION OF INCENTIVES FOR PUB- ‘‘(1) the excess (if any) of— (2) Section 39(d) is amended by adding at LIC SCHOOLS. ‘‘(A) the amount contributed for the tax- the end the following new paragraph: (a) IN GENERAL.—Part IV of subchapter U able year to the account (other than a quali- ‘‘(9) NO CARRYBACK OF SECTION 1400K CREDIT of chapter 1 (relating to incentives for edu- fied rollover, as defined in section BEFORE DATE OF ENACTMENT.—No portion of cation zones) is amended to read as follows: October 6, 1998 CONGRESSIONAL RECORD — SENATE S11623

‘‘PART IV—INCENTIVES FOR QUALIFIED ‘‘(4) PUBLIC SCHOOL FACILITY.—The term rigors of college and the increasingly com- PUBLIC SCHOOL MODERNIZATION BONDS ‘public school facility’ shall not include any plex workforce, ‘‘Sec. 1397E. Credit to holders of qualified stadium or other facility primarily used for ‘‘(B) students in such public school or pro- gram (as the case may be) will be subject to public school modernization athletic contests or exhibitions or other the same academic standards and assess- bonds. events for which admission is charged to the general public. ments as other students educated by the ‘‘Sec. 1397F. Qualified zone academy bonds. ‘‘(f) CREDIT INCLUDED IN GROSS INCOME.— local educational agency, ‘‘Sec. 1397G. Qualified school construction Gross income includes the amount of the ‘‘(D) the comprehensive education plan of bonds. credit allowed to the taxpayer under this such public school or program is approved by ‘‘SEC. 1397E. CREDIT TO HOLDERS OF QUALIFIED section and the amount so included shall be the local educational agency, and PUBLIC SCHOOL MODERNIZATION treated as interest income. ‘‘(E)(i) such public school is located in an BONDS. ‘‘(g) BONDS HELD BY REGULATED INVEST- empowerment zone or enterprise community ‘‘(a) ALLOWANCE OF CREDIT.—In the case of MENT COMPANIES.—If any qualified public (including any such zone or community des- a taxpayer who holds a qualified public school modernization bond is held by a regu- ignated after the date of the enactment of school modernization bond on the credit al- lated investment company, the credit deter- this section), or lowance date of such bond which occurs dur- mined under subsection (a) shall be allowed ‘‘(ii) there is a reasonable expectation (as ing the taxable year, there shall be allowed to shareholders of such company under pro- of the date of issuance of the bonds) that at as a credit against the tax imposed by this cedures prescribed by the Secretary. least 35 percent of the students attending chapter for such taxable year the amount de- ‘‘SEC. 1397F. QUALIFIED ZONE ACADEMY BONDS. such school or participating in such program termined under subsection (b). (as the case may be) will be eligible for free ‘‘(a) QUALIFIED ZONE ACADEMY BOND.—For ‘‘(b) AMOUNT OF CREDIT.— or reduced-cost lunches under the school purposes of this part— ‘‘(1) IN GENERAL.—The amount of the credit lunch program established under the Na- ‘‘(1) IN GENERAL.—The term ‘qualified zone determined under this subsection with re- tional School Lunch Act. academy bond’ means any bond issued as spect to any qualified public school mod- ‘‘(4) QUALIFIED PURPOSE.—The term ‘quali- part of an issue if— ernization bond is the amount equal to the fied purpose’ means, with respect to any product of— ‘‘(A) 95 percent or more of the proceeds of qualified zone academy— ‘‘(A) the credit rate determined by the Sec- such issue are to be used for a qualified pur- ‘‘(A) constructing, rehabilitating, or re- retary under paragraph (2) for the month in pose with respect to a qualified zone acad- pairing the public school facility in which which such bond was issued, multiplied by emy established by a local educational agen- the academy is established, ‘‘(B) the face amount of the bond held by cy, ‘‘(B) providing equipment for use at such the taxpayer on the credit allowance date. ‘‘(B) the bond is issued by a State or local academy, ‘‘(2) DETERMINATION.—During each cal- government within the jurisdiction of which ‘‘(C) developing course materials for edu- endar month, the Secretary shall determine such academy is located, cation to be provided at such academy, and a credit rate which shall apply to bonds ‘‘(C) the issuer— ‘‘(D) training teachers and other school issued during the following calendar month. ‘‘(i) designates such bond for purposes of personnel in such academy. The credit rate for any month is the percent- this section, ‘‘(5) TEMPORARY PERIOD EXCEPTION.—A age which the Secretary estimates will on ‘‘(ii) certifies that it has written assur- bond shall not be treated as failing to meet average permit the issuance of qualified pub- ances that the private business contribution the requirement of paragraph (1)(A) solely by lic school modernization bonds without dis- requirement of paragraph (2) will be met reason of the fact that the proceeds of the count and without interest cost to the with respect to such academy, and issue of which such bond is a part are in- issuer. ‘‘(iii) certifies that it has the written ap- vested for a reasonable temporary period ‘‘(c) LIMITATION BASED ON AMOUNT OF proval of the local educational agency for (but not more than 36 months) until such TAX.— such bond issuance, and proceeds are needed for the purpose for ‘‘(1) IN GENERAL.—The credit allowed under ‘‘(D) the term of each bond which is part of which such issue was issued. Any earnings on subsection (a) for any taxable year shall not such issue does not exceed 15 years. such proceeds during such period shall be exceed the excess of— ‘‘(2) PRIVATE BUSINESS CONTRIBUTION RE- treated as proceeds of the issue for purposes ‘‘(A) the sum of the regular tax liability QUIREMENT.— of applying paragraph (1)(A). (as defined in section 26(b)) plus the tax im- ‘‘(A) IN GENERAL.—For purposes of para- ‘‘(b) LIMITATIONS ON AMOUNT OF BONDS posed by section 55, over graph (1), the private business contribution DESIGNATED.— ‘‘(B) the sum of the credits allowable under requirement of this paragraph is met with ‘‘(1) IN GENERAL.—There is a national zone part IV of subchapter A (other than subpart respect to any issue if the local educational academy bond limitation for each calendar C thereof, relating to refundable credits). agency that established the qualified zone year. Such limitation is— ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the academy has written commitments from pri- ‘‘(A) $400,000,000 for 1998, credit allowable under subsection (a) exceeds vate entities to make qualified contributions ‘‘(B) $700,000,000 for 1999, the limitation imposed by paragraph (1) for having a present value (as of the date of ‘‘(C) $700,000,000 for 2000, such taxable year, such excess shall be car- issuance of the issue) of not less than 10 per- ‘‘(D) $700,000,000 for 2001, ried to the succeeding taxable year and cent of the proceeds of the issue. ‘‘(C) $700,000,000 for 2002, and added to the credit allowable under sub- ‘‘(B) QUALIFIED CONTRIBUTIONS.—For pur- ‘‘(D) except as provided in paragraph (3), section (a) for such taxable year. poses of subparagraph (A), the term ‘quali- zero after 2002. ‘‘(d) QUALIFIED PUBLIC SCHOOL MODERNIZA- fied contribution’ means any contribution ‘‘(2) ALLOCATION OF LIMITATION.— TION BOND; CREDIT ALLOWANCE DATE.—For (of a type and quality acceptable to the local ‘‘(A) ALLOCATION AMONG STATES.— purposes of this section— educational agency) of— ‘‘(i) 1998 LIMITATION.—The national zone ‘‘(1) QUALIFIED PUBLIC SCHOOL MODERNIZA- ‘‘(i) equipment for use in the qualified zone academy bond limitation for calendar year TION BOND.—The term ‘qualified public academy (including state-of-the-art tech- 1998 shall be allocated by the Secretary school modernization bond’ means— nology and vocational equipment), among the States on the basis of their re- ‘‘(A) a qualified zone academy bond, and ‘‘(ii) technical assistance in developing spective populations of individuals below the ‘‘(B) a qualified school construction bond. curriculum or in training teachers in order poverty line (as defined by the Office of Man- ‘‘(2) CREDIT ALLOWANCE DATE.—The term to promote appropriate market driven tech- agement and Budget). ‘credit allowance date’ means, with respect nology in the classroom, ‘‘(ii) LIMITATION AFTER 1998.—The national to any issue, the last day of the 1-year period ‘‘(iii) services of employees as volunteer zone academy bond limitation for any cal- beginning on the date of issuance of such mentors, endar year after 1998 shall be allocated by issue and the last day of each successive 1- ‘‘(iv) internships, field trips, or other edu- the Secretary among the States in the man- year period thereafter. cational opportunities outside the academy ner prescribed by section 1397G(d); except ‘‘(e) OTHER DEFINITIONS.—For purposes of for students, or that, in making the allocation under this this part— ‘‘(v) any other property or service specified clause, the Secretary shall take into account ‘‘(1) LOCAL EDUCATIONAL AGENCY.—The by the local educational agency. Basic Grants attributable to large local edu- term ‘local educational agency’ has the ‘‘(3) QUALIFIED ZONE ACADEMY.—The term cational agencies (as defined in section meaning given to such term by section 14101 ‘qualified zone academy’ means any public 1397G(e)). of the Elementary and Secondary Education school (or academic program within a public ‘‘(B) ALLOCATION TO LOCAL EDUCATIONAL Act of 1965. Such term includes the local edu- school) which is established by and operated AGENCIES.—The limitation amount allocated cational agency that serves the District of under the supervision of a local educational to a State under subparagraph (A) shall be Columbia but does not include any other agency to provide education or training allocated by the State education agency to State agency. below the postsecondary level if— qualified zone academies within such State. ‘‘(2) BOND.—The term ‘bond’ includes any ‘‘(A) such public school or program (as the ‘‘(C) DESIGNATION SUBJECT TO LIMITATION obligation. case may be) is designed in cooperation with AMOUNT.—The maximum aggregate face ‘‘(3) STATE.—The term ‘State’ includes the business to enhance the academic curricu- amount of bonds issued during any calendar District of Columbia and any possession of lum, increase graduation and employment year which may be designated under sub- the United States. rates, and better prepare students for the section (a) with respect to any qualified zone S11624 CONGRESSIONAL RECORD — SENATE October 6, 1998 academy shall not exceed the limitation most recent fiscal year ending before such allocation was in accordance with the plan amount allocated to such academy under calendar year. For purposes of the preceding approved under this paragraph. subparagraph (B) for such calendar year. sentence, Basic Grants attributable to large ‘‘(e) 35-PERCENT OF LIMITATION ALLOCATED ‘‘(3) CARRYOVER OF UNUSED LIMITATION.—If local educational agencies (as defined in sub- AMONG LARGEST SCHOOL DISTRICTS.— for any calendar year— section (e)) shall be disregarded. ‘‘(1) IN GENERAL.—Thirty-five percent of ‘‘(A) the limitation amount under this sub- INIMUM ALLOCATIONS TO STATES.— ‘‘(3) M the limitation applicable under subsection section for any State, exceeds ‘‘(A) IN GENERAL.—The Secretary shall ad- (c) for any calendar year shall be allocated ‘‘(B) the amount of bonds issued during just the allocations under this subsection for under paragraph (2) by the Secretary among such year which are designated under sub- any calendar year for each State to the ex- local educational agencies which are large section (a) with respect to qualified zone tent necessary to ensure that the sum of— local educational agencies for such year. No academies within such State, ‘‘(i) the amount allocated to such State qualified school construction bond may be the limitation amount under this subsection under this subsection for such year, and issued by reason of an allocation to a large for such State for the following calendar ‘‘(ii) the aggregate amounts allocated local educational agency under the preceding year shall be increased by the amount of under subsection (e) to large local edu- sentence unless such agency has an approved such excess. The preceding sentence shall cational agencies in such State for such local application. not apply if such following calendar year is year, ‘‘(2) ALLOCATION FORMULA.—The amount to after 2004. is not less than an amount equal to such be allocated under paragraph (1) for any cal- ‘‘SEC. 1397G. QUALIFIED SCHOOL CONSTRUCTION State’s minimum percentage of 65 percent of endar year shall be allocated among large BONDS. the national qualified school construction local educational agencies in proportion to ‘‘(a) QUALIFIED SCHOOL CONSTRUCTION bond limitation under subsection (c) for the the respective amounts each such agency re- BOND.—For purposes of this part, the term calendar year. ceived for Basic Grants under subpart 2 of ‘qualified school construction bond’ means ‘‘(B) MINIMUM PERCENTAGE.—A State’s min- part A of title I of the Elementary and Sec- any bond issued as part of an issue if— imum percentage for any calendar year is ondary Education Act of 1965 (20 U.S.C. 6331 ‘‘(1) 95 percent or more of the proceeds of the minimum percentage described in sec- et seq.) for the most recent fiscal year end- such issue are to be used for the construc- tion 1124(d) of the Elementary and Secondary ing before such calendar year. tion, rehabilitation, or repair of a public Education Act of 1965 (20 U.S.C. 6334(d)) for ‘‘(3) LARGE LOCAL EDUCATIONAL AGENCY.— school facility, such State for the most recent fiscal year For purposes of this section, the term ‘large ‘‘(2) the bond is issued by a State or local ending before such calendar year. local educational agency’ means, with re- government within the jurisdiction of which ‘‘(4) ALLOCATIONS TO CERTAIN POSSES- spect to a calendar year, any local edu- such school is located, SIONS.—The amount to be allocated under cational agency if such agency is— ‘‘(3) the issuer designates such bond for paragraph (1) to any possession of the United ‘‘(A) among the 100 local educational agen- purposes of this section, and States other than Puerto Rico shall be the cies with the largest numbers of children ‘‘(4) the term of each bond which is part of amount which would have been allocated if aged 5 through 17 from families living below such issue does not exceed 15 years. all allocations under paragraph (1) were the poverty level, as determined by the Sec- Rules similar to the rules of section made on the basis of respective populations retary using the most recent data available 1397F(a)(5) shall apply for purposes of para- of individuals below the poverty line (as de- from the Department of Commerce that are graph (1). fined by the Office of Management and Budg- satisfactory to the Secretary, or ‘‘(b) LIMITATION ON AMOUNT OF BONDS DES- et). In making other allocations, the amount ‘‘(B) 1 of not more than 25 local edu- IGNATED.—The maximum aggregate face to be allocated under paragraph (1) shall be cational agencies (other than those described amount of bonds issued during any calendar reduced by the aggregate amount allocated in clause (i)) that the Secretary of Education year which may be designated under sub- under this paragraph to possessions of the determines (based on the most recent data section (a) by any issuer shall not exceed the United States. available satisfactory to the Secretary) are sum of— in particular need of assistance, based on a ‘‘(1) the limitation amount allocated under ‘‘(5) APPROVED STATE APPLICATION.—For purposes of paragraph (1), the term ‘approved low level of resources for school construc- subsection (d) for such calendar year to such tion, a high level of enrollment growth, or issuer, and State application’ means an application which is approved by the Secretary of Edu- such other factors as the Secretary deems ‘‘(2) if such issuer is a large local edu- appropriate. cational agency (as defined in subsection (e)) cation and which includes— ‘‘(A) the results of a recent publicly-avail- ‘‘(4) APPROVED LOCAL APPLICATION.—For or is issuing on behalf of such an agency, the purposes of paragraph (1), the term ‘approved limitation amount allocated under sub- able survey (undertaken by the State with the involvement of local education officials, local application’ means an application section (e) for such calendar year to such which is approved by the Secretary of Edu- agency. members of the public, and experts in school construction and management) of such cation and which includes— ‘‘(c) NATIONAL LIMITATION ON AMOUNT OF ‘‘(A) the results of a recent publicly-avail- BONDS DESIGNATED.— State’s needs for public school facilities, in- cluding descriptions of— able survey (undertaken by the local edu- ‘‘(1) IN GENERAL.—There is a national cational agency with the involvement of qualified school construction bond limita- ‘‘(i) health and safety problems at such fa- cilities, school officials, members of the public, and tion for each calendar year equal to the dol- experts in school construction and manage- ‘‘(ii) the capacity of public schools in the lar amount specified in paragraph (2) for ment) of such agency’s needs for public State to house projected enrollments, and such year, reduced, in the case of calendar school facilities, including descriptions of— ‘‘(iii) the extent to which the public years 1999 and 2000, by 1.5 percent of such ‘‘(i) the overall condition of the local edu- schools in the State offer the physical infra- amount. cational agency’s school facilities, including structure needed to provide a high-quality ‘‘(2) DOLLAR AMOUNT SPECIFIED.—The dollar health and safety problems, education to all students, and amount specified in this paragraph is— ‘‘(ii) the capacity of the agency’s schools ‘‘(B) a description of how the State will al- ‘‘(A) $9,700,000,000 for 1999, to house projected enrollments, and locate to local educational agencies, or oth- ‘‘(B) $9,700,000,000 for 2000, and ‘‘(iii) the extent to which the agency’s erwise use, its allocation under this sub- ‘‘(C) except as provided in subsection (f), schools offer the physical infrastructure section to address the needs identified under zero after 2000. needed to provide a high-quality education subparagraph (A), including a description of ‘‘(d) 65-PERCENT OF LIMITATION ALLOCATED to all students, how it will— AMONG STATES.— ‘‘(B) a description of how the local edu- ‘‘(i) give highest priority to localities with ‘‘(1) IN GENERAL.—Sixty-five percent of the cational agency will use its allocation under the greatest needs, as demonstrated by inad- limitation applicable under subsection (c) for this subsection to address the needs identi- equate school facilities coupled with a low any calendar year shall be allocated among fied under subparagraph (A), and level of resources to meet those needs, the States under paragraph (2) by the Sec- ‘‘(C) a description of how the local edu- ‘‘(ii) use its allocation under this sub- retary. The limitation amount allocated to a cational agency will ensure that its alloca- section to assist localities that lack the fis- State under the preceding sentence shall be tion under this subsection is used only to cal capacity to issue bonds on their own, in- allocated by the State education agency to supplement, and not supplant, the amount of cluding the issuance of bonds by the State on issuers within such State and such alloca- school construction, rehabilitation, or repair behalf of such localities, and tions may be made only if there is an ap- in the locality that would have occurred in ‘‘(iii) ensure that its allocation under this proved State application. the absence of such allocation. ‘‘(2) ALLOCATION FORMULA.—The amount to subsection is used only to supplement, and A rule similar to the rule of the last sen- be allocated under paragraph (1) for any cal- not supplant, the amount of school construc- tence of subsection (d)(5) shall apply for pur- endar year shall be allocated among the tion, rehabilitation, and repair in the State poses of this paragraph. States in proportion to the respective that would have occurred in the absence of amounts each such State received for Basic such allocation. ‘‘(f) CARRYOVER OF UNUSED LIMITATION.—If Grants under subpart 2 of part A of title I of Any allocation under paragraph (1) by a for any calendar year— the Elementary and Secondary Education State education agency shall be binding if ‘‘(1) the amount allocated under subsection Act of 1965 (20 U.S.C. 6331 et seq.) for the such agency reasonably determined that the (d) to any State, exceeds October 6, 1998 CONGRESSIONAL RECORD — SENATE S11625

‘‘(2) the amount of bonds issued during (c) CLERICAL AMENDMENTS.— treated in a manner similar to the manner in such year which are designated under sub- (1) The table of parts for subchapter U of which a specified liability loss is treated. section (a) pursuant to such allocation, chapter 1 is amended by striking the item re- ‘‘(3) ELECTION.—Any taxpayer entitled to a the limitation amount under such subsection lating to part IV and inserting the following 5-year carryback under subsection (b)(1)(G) for such State for the following calendar new item: from any loss year may elect to have the carryback period with respect to such loss year shall be increased by the amount of ‘‘Part IV. Incentives for qualified public year determined without regard to sub- such excess. A similar rule shall apply to the school modernization bonds.’’ amounts allocated under subsection (e). The section (b)(1)(G). Such election shall be made subsection shall not apply if such following (2) Part V of subchapter U of chapter 1 is in such manner as may be prescribed by the calendar year is after 2002. amended by redesignating both section 1397F Secretary and shall be made by the due date and the item relating thereto in the table of ‘‘(g) SET-ASIDE ALLOCATED AMONG INDIAN (including extensions of time) for filing the sections for such part as section 1397H. TRIBES.— taxpayer’s return for the taxable year of the (d) EFFECTIVE DATES.— ‘‘(1) IN GENERAL.—The 1.5 percent set-aside net operating loss. Such election, once made (1) IN GENERAL.—Except as provided in applicable under subsection (c)(1) for any for any taxable year, shall be irrevocable for paragraph (2), the amendments made by this calendar year shall be allocated under para- such taxable year.’’ section shall apply to obligations issued graph (2) among Indian tribes for the con- (c) COORDINATION WITH FARM DISASTER after December 31, 1998. struction, rehabilitation, or repair of tribal LOSSES.—Clause (ii) of section 172(b)(1)(F) is (2) REPEAL OF RESTRICTION ON ZONE ACAD- schools. No allocation may be made under amended by adding at the end the following EMY BOND HOLDERS.—The repeal of the limi- the preceding sentence unless the Indian flush sentence: tation of section 1397E of the Internal Reve- tribe has an approved application. ‘‘Such term shall not include any farming nue Code of 1986 (as in effect on the day be- ‘‘(2) ALLOCATION FORMULA.—The amount to loss (as defined in subsection (i)).’’ fore the date of the enactment of this Act) to be allocated under paragraph (1) for any cal- (d) EFFECTIVE DATE.—The amendments eligible taxpayers (as defined in subsection endar year shall be allocated among Indian made by this section shall apply to net oper- (d)(6) of such section) shall apply to obliga- tribes on a competitive basis by the Sec- ating losses for taxable years beginning after tions issued after December 31, 1997. retary of Education, in consultation with the December 31, 1997. TITLE III—SMALL BUSINESS AND FARMER Secretary of the Interior— SEC. 305. INCREASE IN EXPENSE TREATMENT ‘‘(A) through a negotiated rulemaking pro- TAX RELIEF FOR SMALL BUSINESSES. cedure with the tribes in the same manner as SEC. 301. ACCELERATION OF UNIFIED ESTATE (a) GENERAL RULE.—Paragraph (1) of sec- the procedure described in section 106(b)(2) of AND GIFT TAX CREDIT INCREASE. tion 179(b) (relating to dollar limitation) is the Native American Housing Assistance and The table in section 2010(c) (relating to ap- amended to read as follows: Self-Determination Act of 1996 (25 U.S.C. plicable credit amount) is amended by strik- ‘‘(1) DOLLAR LIMITATION.—The aggregate 4116(b)(2)), and ing the item relating to calendar year 1999 cost which may be taken into account under ‘‘(B) based on criteria described in para- and by striking ‘‘2000 and 2001’’ and inserting subsection (a) for any taxable year shall not graphs (1), (3), (4), (5), and (6) of section ‘‘1999, 2000, and 2001’’. exceed $25,000.’’ 12005(a) of the Elementary and Secondary SEC. 302. 100 PERCENT DEDUCTION FOR HEALTH (b) EFFECTIVE DATE.—The amendment Education Act of 1965 (20 U.S.C. 8505(a)). INSURANCE COSTS OF SELF-EM- made by this section shall apply to taxable ‘‘(3) APPROVED APPLICATION.—For purposes PLOYED INDIVIDUALS. years beginning after December 31, 1998. of paragraph (1), the term ‘approved applica- (a) IN GENERAL.—Paragraph (1) of section SEC. 306. RESEARCH CREDIT. tion’ means an application submitted by an 162(l) (relating to special rules for health in- (a) TEMPORARY EXTENSION.— Indian tribe which is approved by the Sec- surance costs of self-employed individuals) is (1) IN GENERAL.—Paragraph (1) of section retary of Education and which includes— amended to read as follows: 41(h) (relating to termination) is amended— ‘‘(A) the basis upon which the applicable ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case (A) by striking ‘‘June 30, 1998’’ and insert- tribal school meets the criteria described in of an individual who is an employee within ing ‘‘February 29, 2000’’, paragraph (2)(B), and the meaning of section 401(c)(1), there shall (B) by striking ‘‘24-month’’ and inserting ‘‘(B) an assurance by the Indian tribe that be allowed as a deduction under this section ‘‘44-month’’, and such tribal school will not receive funds pur- an amount equal to 100 percent of the (C) by striking ‘‘24 months’’ and inserting suant to allocations described in subsection amount paid during the taxable year for in- ‘‘44 months’’. (d) or (e). surance which constitutes medical care for (2) TECHNICAL AMENDMENT.—Subparagraph ‘‘(4) DEFINITIONS.—For purposes of this sub- the taxpayer, his spouse, and dependents.’’ (D) of section 45C(b)(1) is amended by strik- section— (b) EFFECTIVE DATE.—The amendment ing ‘‘June 30, 1998’’ and inserting ‘‘February ‘‘(A) INDIAN TRIBE.—The term ‘Indian tribe’ made by this section shall apply to taxable 29, 2000’’. has the meaning given such term by section years beginning after December 31, 1998. (3) EFFECTIVE DATE.—The amendments 45A(c)(6). SEC. 303. INCOME AVERAGING FOR FARMERS made by this subsection shall apply to ‘‘(B) TRIBAL SCHOOL.—The term ‘tribal MADE PERMANENT. amounts paid or incurred after June 30, 1998. school’ means a school that is operated by an Subsection (c) of section 933 of the Tax- (b) INCREASE IN PERCENTAGES UNDER AL- Indian tribe for the education of Indian chil- payer Relief Act of 1997 is amended by strik- TERNATIVE INCREMENTAL CREDIT.— dren with financial assistance under grant ing ‘‘, and before January 1, 2001’’. (1) IN GENERAL.—Subparagraph (A) of sec- under the Tribally Controlled Schools Act of SEC. 304. 5-YEAR NET OPERATING LOSS tion 41(c)(4) is amended— 1988 (25 U.S.C. 2501 et seq.) or a contract with CARRYBACK FOR FARMING LOSSES. (A) by striking ‘‘1.65 percent’’ and insert- the Bureau of Indian Affairs under the In- (a) IN GENERAL.—Paragraph (1) of section ing ‘‘2.65 percent’’, dian Self-Determination and Education As- 172(b) (relating to net operating loss deduc- (B) by striking ‘‘2.2 percent’’ and inserting sistance Act (25 U.S.C. 450f et seq.).’’ tion) is amended by adding at the end the ‘‘3.2 percent’’, and (b) REPORTING.—Subsection (d) of section following new subparagraph: (C) by striking ‘‘2.75 percent’’ and inserting 6049 (relating to returns regarding payments ‘‘(G) FARMING LOSSES.—In the case of a tax- ‘‘3.75 percent’’. of interest) is amended by adding at the end payer which has a farming loss (as defined in (2) EFFECTIVE DATE.—The amendments the following new paragraph: subsection (i)) for a taxable year, such farm- made by this subsection shall apply to tax- ‘‘(8) REPORTING OF CREDIT ON QUALIFIED ing loss shall be a net operating loss able years beginning after June 30, 1998. PUBLIC SCHOOL MODERNIZATION BONDS.— carryback to each of the 5 taxable years pre- ‘‘(A) IN GENERAL.—For purposes of sub- ceding the taxable year of such loss.’’ SEC. 307. WORK OPPORTUNITY CREDIT. section (a), the term ‘interest‘ includes (b) FARMING LOSS.—Section 172 is amended (a) TEMPORARY EXTENSION.—Subparagraph amounts includible in gross income under by redesignating subsection (i) as subsection (B) of section 51(c)(4) (relating to termi- section 1397E(f) and such amounts shall be (j) and by inserting after subsection (h) the nation) is amended by striking ‘‘June 30, treated as paid on the credit allowance date following new subsection: 1998’’ and inserting ‘‘February 29, 2000’’. (as defined in section 1397E(d)(2)). ‘‘(i) RULES RELATING TO FARMING LOSSES.— (b) EFFECTIVE DATE.—The amendment ‘‘(B) REPORTING TO CORPORATIONS, ETC.— For purposes of this section— made by this section shall apply to individ- Except as otherwise provided in regulations, ‘‘(1) IN GENERAL.—The term ‘farming loss’ uals who begin work for the employer after in the case of any interest described in sub- means the lesser of— June 30, 1998. paragraph (A) of this paragraph, subsection ‘‘(A) the amount which would be the net SEC. 308. WELFARE-TO-WORK CREDIT. (b)(4) of this section shall be applied without operating loss for the taxable year if only in- Subsection (f) of section 51A (relating to regard to subparagraphs (A), (H), (I), (J), (K), come and deductions attributable to farming termination) is amended by striking ‘‘April and (L)(i). businesses (as defined in section 263A(e)(4)) 30, 1999’’ and inserting ‘‘February 29, 2000’’. ‘‘(C) REGULATORY AUTHORITY.—The Sec- are taken into account, or SEC. 309. CONTRIBUTIONS OF STOCK TO PRIVATE retary may prescribe such regulations as are ‘‘(B) the amount of the net operating loss FOUNDATIONS; EXPANDED PUBLIC necessary or appropriate to carry out the for such taxable year. INSPECTION OF PRIVATE FOUNDA- purposes of this paragraph, including regula- ‘‘(2) COORDINATION WITH SUBSECTION (b)(2).— TIONS’ ANNUAL RETURNS. tions which require more frequent or more For purposes of applying subsection (b)(2), a (a) SPECIAL RULE FOR CONTRIBUTIONS OF detailed reporting.’’ farming loss for any taxable year shall be STOCK MADE PERMANENT.— S11626 CONGRESSIONAL RECORD — SENATE October 6, 1998

(1) IN GENERAL.—Paragraph (5) of section Internal Revenue Service with respect to TITLE V—REVENUE OFFSET 170(e) is amended by striking subparagraph such application.’’ SEC. 501. TREATMENT OF CERTAIN DEDUCTIBLE (D) (relating to termination). (2) CONFORMING AMENDMENTS.— LIQUIDATING DISTRIBUTIONS OF (2) EFFECTIVE DATE.—The amendment (A) Subsection (c) of section 6033 is amend- REGULATED INVESTMENT COMPA- made by paragraph (1) shall apply to con- ed by adding ‘‘and’’ at the end of paragraph NIES AND REAL ESTATE INVEST- tributions made after June 30, 1998. (1), by striking paragraph (2), and by redesig- MENT TRUSTS. (b) EXPANDED PUBLIC INSPECTION OF PRI- nating paragraph (3) as paragraph (2). (a) IN GENERAL.—Section 332 (relating to VATE FOUNDATIONS’ ANNUAL RETURNS, ETC.— (B) Subparagraph (C) of section 6652(c)(1) is complete liquidations of subsidiaries) is (1) IN GENERAL.—Section 6104 (relating to amended by striking ‘‘subsection (d) or (e)(1) amended by adding at the end the following publicity of information required from cer- of section 6104 (relating to public inspection new subsection: ‘‘(c) DEDUCTIBLE LIQUIDATING DISTRIBU- tain exempt organizations and certain of annual returns)’’ and inserting ‘‘section TIONS OF REGULATED INVESTMENT COMPANIES trusts) is amended by striking subsections 6104(d) with respect to any annual return’’. (d) and (e) and inserting after subsection (c) AND REAL ESTATE INVESTMENT TRUSTS.—If a (C) Subparagraph (D) of section 6652(c)(1) is corporation receives a distribution from a the following new subsection: amended by striking ‘‘section 6104(e)(2) (re- ‘‘(d) PUBLIC INSPECTION OF CERTAIN ANNUAL regulated investment company or a real es- lating to public inspection of applications tate investment trust which is considered RETURNS AND APPLICATIONS FOR EXEMP- for exemption)’’ and inserting ‘‘section TION.— under subsection (b) as being in complete liq- 6104(d) with respect to any exempt status ap- ‘‘(1) IN GENERAL.—In the case of an organi- uidation of such company or trust, then, not- plication materials (as defined in such sec- zation described in subsection (c) or (d) of withstanding any other provision of this tion)’’. section 501 and exempt from taxation under chapter, such corporation shall recognize (D) Section 6685 is amended by striking ‘‘or section 501(a)— and treat as a dividend from such company (e)’’. ‘‘(A) a copy of— or trust an amount equal to the deduction (E) Section 7207 is amended by striking ‘‘or ‘‘(i) the annual return filed under section for dividends paid allowable to such com- (e)’’. 6033 (relating to returns by exempt organiza- pany or trust by reason of such distribu- (3) EFFECTIVE DATE.— tions) by such organization, and tion.’’. (A) IN GENERAL.—Except as provided in ‘‘(ii) if the organization filed an applica- (b) CONFORMING AMENDMENTS.— subparagraph (B), the amendments made by tion for recognition of exemption under sec- (1) The material preceding paragraph (1) of tion 501, the exempt status application mate- this subsection shall apply to requests made section 332(b) is amended by striking ‘‘sub- rials of such organization, after the later of December 31, 1998, or the section (a)’’ and inserting ‘‘this section’’. 60th day after the Secretary of the Treasury (2) Paragraph (1) of section 334(b) is amend- shall be made available by such organization first issues the regulations referred to such ed by striking ‘‘section 332(a)’’ and inserting for inspection during regular business hours section 6104(d)(4) of the Internal Revenue ‘‘section 332’’. by any individual at the principal office of Code of 1986, as amended by this section. (c) EFFECTIVE DATE.—The amendments such organization and, if such organization (B) PUBLICATION OF ANNUAL RETURNS.—Sec- made by this section shall apply to distribu- regularly maintains 1 or more regional or tion 6104(d) of such Code, as in effect before tions after May 21, 1998. district offices having 3 or more employees, the amendments made by this subsection, (d) TRANSFER OF INCREASED REVENUES TO at each such regional or district office, and shall not apply to any return the due date SOCIAL SECURITY TRUST FUNDS.— ‘‘(B) upon request of an individual made at for which is after the date such amendments (1) ESTIMATE BY SECRETARY.—The Sec- such principal office or such a regional or take effect under subparagraph (A). retary of the Treasury shall periodically es- district office, a copy of such annual return timate the increase in Federal revenues for and exempt status application materials TITLE IV—SOCIAL SECURITY EARNINGS each fiscal year beginning after September shall be provided to such individual without LIMIT 30, 1997, by reason of the amendments made charge other than a reasonable fee for any by this section. The Secretary shall adjust reproduction and mailing costs. SEC. 401. INCREASES IN THE SOCIAL SECURITY any estimate to the extent necessary to cor- EARNINGS LIMIT FOR INDIVIDUALS The request described in subparagraph (B) WHO HAVE ATTAINED RETIREMENT rect any error in a prior estimate. must be made in person or in writing. If such AGE. (2) TRANSFER OF FUNDS.—The Secretary of request is made in person, such copy shall be the Treasury shall, not less frequently than provided immediately and, if made in writ- (a) IN GENERAL.—Section 203(f)(8)(D) of the quarterly, transfer to the trust funds estab- ing, shall be provided within 30 days. Social Security Act (42 U.S.C. 403(f)(8)(D)) is lished under section 201 of the Social Secu- ‘‘(2) 3-YEAR LIMITATION ON INSPECTION OF amended by striking clauses (iv) through rity Act (42 U.S.C. 401) from the general fund RETURNS.—Paragraph (1) shall apply to an (vii) and inserting the following new clauses: of the Treasury an amount equal to the in- annual return filed under section 6033 only ‘‘(iv) for each month of any taxable year crease in Federal revenues estimated under during the 3-year period beginning on the ending after 1998 and before 2000, $1,416.662⁄3, paragraph (1) for the period covered by the last day prescribed for filing such return (de- ‘‘(v) for each month of any taxable year transfer. Such transfer shall be allocated termined with regard to any extension of ending after 1999 and before 2001, $1,541.662⁄3, among the trust funds in the same manner as time for filing). ‘‘(vi) for each month of any taxable year other revenues. ‘‘(3) EXCEPTIONS FROM DISCLOSURE REQUIRE- ending after 2000 and before 2002, $2,166.662⁄3, TITLE VI—SAVING SOCIAL SECURITY MENT.— ‘‘(vii) for each month of any taxable year FIRST ‘‘(A) NONDISCLOSURE OF CONTRIBUTORS, ending after 2001 and before 2003, $2,500.00, SEC. 601. EFFECTIVE DATE OF PROVISIONS CON- ETC.—Paragraph (1) shall not require the dis- ‘‘(viii) for each month of any taxable year TINGENT ON SAVING SOCIAL SECU- closure of the name or address of any con- ending after 2002 and before 2004, $2,608.331⁄3, RITY FIRST. tributor to the organization. In the case of ‘‘(ix) for each month of any taxable year (a) FINDINGS.—The Senate finds that— an organization described in section 501(d), ending after 2003 and before 2005, $2,833.331⁄3, (1) the social security program, created in subparagraph (A) shall not require the dis- ‘‘(x) for each month of any taxable year 1935 to provide old-age, survivors, and dis- closure of the copies referred to in section ending after 2004 and before 2006, $2,950.00, ability insurance benefits, is one the most 6031(b) with respect to such organization. ‘‘(xi) for each month of any taxable year successful and important social insurance ‘‘(B) NONDISCLOSURE OF CERTAIN OTHER IN- ending after 2005 and before 2007, $3,066.662⁄3, programs in the United States, and has FORMATION.—Paragraph (1) shall not require ‘‘(xii) for each month of any taxable year played an essential role in reducing poverty the disclosure of any information if the Sec- ending after 2006 and before 2008, $3,195.831⁄3, among seniors; retary withheld such information from pub- and (2) the social security program will face lic inspection under subsection (a)(1)(D). ‘‘(xiii) for each month of any taxable year significant pressures when the baby boom ‘‘(4) LIMITATION ON PROVIDING COPIES.— ending after 2007 and before 2009, $3,312.50.’’. generation retires, which could threaten the Paragraph (1)(B) shall not apply to any re- (b) CONFORMING AMENDMENTS.— long-term viability of the program; quest if, in accordance with regulations pro- (1) Section 203(f)(8)(B)(ii) of such Act (42 (3) Congress needs to act promptly to en- mulgated by the Secretary, the organization U.S.C. 403(f)(8)(B)(ii)) is amended— sure that social security benefits will be has made the requested documents widely (A) by striking ‘‘after 2001 and before 2003’’ available when today’s younger Americans available, or the Secretary determines, upon and inserting ‘‘after 2007 and before 2009’’; retire; and application by an organization, that such re- and (4) current budget law and rules that were quest is part of a harassment campaign and (B) in subclause (II), by striking ‘‘2000’’ and established to ensure fiscal discipline, in- that compliance with such request is not in inserting ‘‘2006’’. cluding the pay-as-you-go system (which re- the public interest. (2) The second sentence of section quires tax cuts to be fully offset), prevent ‘‘(5) EXEMPT STATUS APPLICATION MATE- 223(d)(4)(A) of such Act (42 U.S.C. 423(d)(4)(A)) Congress from using projected budget sur- RIALS.—For purposes of paragraph (1), the is amended by inserting ‘‘and section 121 of pluses to pay for tax cuts, except by a super- term ‘exempt status applicable materials’ the Taxpayer Relief Act of 1998’’ after ‘‘1996’’. majority vote by three-fifths of the member- means the application for recognition of ex- ship of the Senate. emption under section 501 and any papers (c) EFFECTIVE DATE.—The amendments (b) REQUIREMENT FOR SOCIAL SECURITY SOL- submitted in support of such application and made by this section shall apply with respect VENCY.—Notwithstanding any other provi- any letter or other document issued by the to taxable years ending after 1998. sion of, or amendment made by, this Act, no October 6, 1998 CONGRESSIONAL RECORD — SENATE S11627 such provision or amendment shall take ef- Fourth, the amendment would allow Budget Agreement and to maintain fis- fect before the first January 1 after the date self-employed individuals to fully de- cal discipline. of enactment of this Act that follows a cal- duct the costs of health insurance. I hope my colleagues will support endar year for which there is a social secu- Fifth, the amendment would promote this proposal, and I ask unanimous rity solvency designation pursuant to sub- section (c). savings and investment, by establish- consent that a summary of the amend- (c) SOCIAL SECURITY SOLVENCY DESIGNA- ing a new exclusion for dividends and ment be printed in the RECORD. TION.—For purposes of subsection (b), there interest. Individuals could exclude up There being no objection, the sum- is a social security solvency designation for to $200, and couples could exclude up to mary was ordered to be printed in the a calendar year if, during such year— $400 in dividends and interest. RECORD, as follows: (1) the Board of Trustees of the social secu- Sixth, the amendment would extend The Lautenberg Amendment includes ap- rity trust funds certifies in its annual report several provisions of the tax code that proximately $85 billion in tax relief that that both the Federal Old-Age and Survivors would be available when the Social Security Insurance Trust Fund and the Federal Dis- expired this year or would expire next Trust Fund is actuarially sound. The tax ability Insurance Trust Fund are in long- year. These include the credits for re- cuts are largely the same as those proposed range actuarial balance pursuant to section search, work opportunity and welfare- in the House-passed tax bill (though the 201(c)(2) of the Social Security Act (42 U.S.C. to-work, would be extended through Amendment also includes tax cuts for child 401(c)(2)); and Feb. 29, 2000. The credit for contribu- care and school modernization so that its (2) Congress, upon review of the Board of tions of stock to private foundations benefits are more targeted to the middle Trustees’ determination that the trust funds would be extended permanently. class). Unlike the House-passed bill, the are in long-range actuarial balance, so cer- Seventh, the amendment would pro- Amendment would not reduce any budget tifies by statute. vide immediate relief from the estate surplus before Congress saves Social Secu- ∑ Mr. LAUTENBERG. Mr. President, and gift tax. Under the legislation, an rity first. today I am submitting an amendment additional $25,000 of estates would, in The main elements of the proposal (and to the House-passed tax bill on the cal- effect, be excludable from this tax in cost in $ billions/5 years) are: endar. This amendment would improve From House bill: (1) Marriage penalty re- 1999. This would increase the total lief, 28; (2) Interest and dividends exclusion, the House bill by directing more of its credit against this tax to $675,000. tax relief to middle income taxpayers, 15; (3) Self-employed health deduction, 5; (4) Eighth, the amendment would en- Expiring provisions (e.g., R&E credit), 6; (5) and by protecting Social Security. courage the revitalization of depressed The amendment would provide relief Social Security earnings test, 0.5. areas, by providing a variety of tax in- Items not in House bill: (1) Child care, 17; from the marriage penalty, help par- centives to businesses and individuals (2) School modernization, 5. ents afford child care, promote the in 20 so-called renewal communities. Item modified from House bill: Estate tax modernization of our schools, allow These low-income areas would be des- relief, 2 (House: 18). self-employed individuals to deduct the ignated by the Secretary of Housing AMENDMENT SUMMARY costs of health insurance, encourage and Urban Development. 1. Family Tax Relief Provisions savings and investment by establishing Ninth, the amendment includes var- A. Marriage Penalty Relief—Increase the new exclusions for interest and divi- ious provisions to assist small busi- standard deduction for married couples so dends for all Americans, promote re- nesses. For example, the legislation that each spouse would have the same deduc- search by reinstating the research and would allow small-business owners to tion as a single filer. The deduction for mar- experimentation tax credit, provide re- ried couples would increase from $7200 to deduct up to $25,000 of the cost of busi- lief from the estate and gift tax, pro- $8600 in 1999, reducing their taxes by an aver- ness-related equipment. mote the revitalization of depressed age of $243 per return. Cost: $28 billion Finally, the amendment would allow areas, expand support for small busi- (House tax bill) seniors to work more without suffering nesses, and modify rules that discour- B. Interest and Dividends—Individuals, re- a reduction in their Social Security gardless of income, would be able to exclude age seniors from working. benefits. Under the proposal, seniors up to $200 of combined interest and dividends The amendment differs from the from taxes. Married couples could exclude House bill in two primary respects. would be able to earn up to $17,000 in 1999 without losing a portion of their $400. Cost: $15 billion (House tax bill) First, it would target tax relief to mid- C. AMT Relief—Individuals would not have Social Security benefits. That limit dle income families, largely by provid- to pay the alternative minimum tax as a re- ing additional relief for families with would increase to $39,750 in 2008. sult of claiming certain tax credits, such as children in child care, and by promot- Mr. President, there also are other the dependent care credit, the adoption cred- ing the modernization of our nation’s provisions in this amendment, and I it, and the child tax credit. Cost: $8.1 billion schools. Second, the bill protects So- will not detail each one. Suffice it to (House tax bill) D. Affordable Child Care—Increase the max- cial Security, by deferring the effective say that, to a very large extent, this proposal tracks the tax cuts included imum credit rate to 50% from the current date of the tax cuts until the Social Se- 30%, index the maximum allowable expense curity Trust Fund is actuarially sound. in legislation approved by the House. However, as I have noted, the amend- for inflation, and make the current depend- Mr. President, let me briefly review ent care tax credit refundable. Provides a the items that are included in my pro- ment is more targeted to middle in- new tax credit worth $90 per month for stay- posal. come taxpayers, largely because it in- at-home parents of children under 1. Creates First, the amendment would provide cludes support for child care and school an employer tax credit for child care serv- relief from the marriage penalty. As modernization. Also, its estate tax pro- ices. Cost: $17.0 billion. (From S. 1610, Sen. proposed in the House-passed bill, the visions are somewhat modified from Dodd’s Affordable Child Care for Early Suc- amendment would increase the stand- the House version, to help us afford cess and Security Act) ard deduction for married couples so these other provisions, and to ensure 2. Education and Infrastructure that each spouse would have the same that the bulk of the relief provided in A. Permit Schools of Higher Education to Es- deduction as a single filer. the bill goes to middle class and mod- tablish Qualified Prepaid Tuition Programs— Second, the amendment would help erate-income Americans. These programs allow parents to make con- families handle the costs of child care. The second key difference from the tributions which are held for use when their House Mr. President, it that this pro- children attend college. Contributions accu- It would increase the child care and de- mulate on a tax-deferred basis. Cost: $572 pendent tax credit to a maximum al- posal includes significant tax relief million (House tax bill) lowable expense for inflation. It would while fully protecting Social Security. B. Government Bonds—States would be able make the credit refundable, so that it Under the proposal, all tax cuts would to issue more private activity tax-exempt benefits those with lower incomes. And become effective when the Social Secu- bonds, which typically finance privately it would provide a new tax credit worth rity Trust Fund is in long-range actu- owned transportation facilities, municipal $90 per month for stay-at-home parents arial balance. This ensures that we will services, economic development projects and of children under one year of age. not squander our opportunity to re- social programs. The current annual limits Third, the amendment would pro- form Social Security next year, and of $50 per resident or $150 million (whichever is greater) would be increased to $75 per resi- mote education, by supporting the that we will not force unnecessary cuts dent or $225 million. Cost $1.1 billion (House modernization of our schools, and al- in Social Security benefits for today’s tax bill) lowing schools of higher education to younger Americans. It also reflects a C. Renewal Communities—To promote the establish prepaid tuition programs. commitment to abide by the Balanced revitalization of depressed areas, the bill S11628 CONGRESSIONAL RECORD — SENATE October 6, 1998 would provide a variety of tax incentives in communications services; and Commerce and considering the recommenda- 20 ‘‘removal communities.’’—Cost: $1 billion (F) an examination of the effects of tax- tions submitted by the Board, the Secretary (House tax bill) ation, including the absence of taxation, on of the Interior shall appoint 23 Directors who D. School Modernization—Bond holders all interstate sales transactions, including meet the criteria established by subsection would receive tax credits (a standard amount transactions using the Internet, on local re- (a), of whom— for all bonds) worth the full interest cost on tail businesses and on State and local gov- ‘‘(i) at least 6 shall be knowledgeable or ex- the bonds, allowing localities to construct or ernments, which examination may include a perienced in fish and wildlife conservation; renovate schools without paying any inter- review of the efforts of State and local gov- ‘‘(ii) at least 4 shall be educated or experi- est. Cost $5 billion (President’s budget pro- ernments to collect sales and use taxes owed enced in the principles of fish and wildlife posal) on in-State purchases from out-of-State sell- management; and 3. Small Business and Farmer Tax Relief ers. ‘‘(iii) at least 4 shall be knowledgeable or experienced in ocean and coastal resource A. Estate and Gift Tax Unified Credit—The f conservation. proposal would accelerate from 2000 to 1999 NATIONAL FISH AND WILDLIFE ‘‘(B) TRANSITION PROVISION.— an increase in the Estate and Gift tax credit ‘‘(i) CONTINUATION OF TERMS.—The 15 Direc- (increasing the credit from $650,000 to FOUNDATION ESTABLISHMENT tors serving on the Board as of the date of $675,000). Cost: $1.8 billion (Revised provision ACT AMENDMENTS OF 1998 enactment of this paragraph shall continue from House tax bill) to serve until the expiration of their terms. B Deduction for Health Insurance Premiums ‘‘(ii) NEW DIRECTORS.—The Secretary of the of the Self-Employed.—Full deductibility is CHAFEE AMENDMENT NO. 3749 Interior shall appoint 8 new Directors; to the now scheduled to be phased in by 2007. The Ms. SNOWE (for Mr. CHAFEE) pro- maximum extent practicable those appoint- bill would make the change effective in 1999. posed an amendment to the bill (S. ments shall be made not later than 45 cal- Cost: $5.1 billion (House tax bill) endar days after the date of enactment of C. Agriculture—The bill would permanently 2095) to reauthorize and amend the Na- this paragraph. extend ‘‘income averaging’’ for farmers, tional Fish and Wildlife Foundation ‘‘(3) TERMS.— which is scheduled to expire in 2000. Rather Establishment Act; as follows: ‘‘(A) IN GENERAL.—Subject to subparagraph than pay high taxes in good years, a farmer Strike all after the enacting clause and in- (B), each Director (other than a Director de- would have the option of paying taxes based sert the following: scribed in paragraph (1)) shall be appointed on a three year average. Farmers also could SECTION 1. SHORT TITLE. for a term of 6 years. reduce their tax burden by applying an oper- This Act may be cited as the ‘‘National ‘‘(B) INITIAL APPOINTMENTS TO NEW MEMBER ating loss in one year to their taxable in- Fish and Wildlife Foundation Establishment POSITIONS.—Of the Directors appointed by come in any one of five past years, or to a fu- Act Amendments of 1998’’. the Secretary of the Interior under para- ture year. Under current law, they can apply graph (2)(B)(ii), the Secretary shall appoint— it to two past years or to a future year. Cost SEC. 2. PURPOSES. ‘‘(i) 2 Directors for a term of 2 years; $126 million. (House tax bill) Section 2(b) of the National Fish and Wild- ‘‘(ii) 3 Directors for a term of 4 years; and D. Business Expensing—Starting in 1999, life Foundation Establishment Act (16 U.S.C. ‘‘(iii) 3 Directors for a term of 6 years. small-business owners and farmers would be 3701(b)) is amended by striking paragraph (1) ‘‘(4) VACANCIES.— able to deduct up to $25,000 of the cost of and inserting the following: ‘‘(A) IN GENERAL.—The Secretary of the In- business-related equipment. Under current ‘‘(1) to encourage, accept, and administer terior shall fill a vacancy on the Board; to law, the deduction is limited to $18,500 and is private gifts of property for the benefit of, or the maximum extent practicable the va- slated to rise to $25,000 in 2003. Cost $1.1 bil- in connection with, the activities and serv- cancy shall be filled not later than 45 cal- lion. (House tax bill) ices of the Department of the Interior or the endar days after the occurrence of the va- E. Expired Credits. Several tax credits that Department of Commerce, particularly the cancy. expired this year or would expire next year, United States Fish and Wildlife Service and ‘‘(B) TERM OF APPOINTMENTS TO FILL UNEX- including credits for research, work oppor- the National Oceanic and Atmospheric Ad- PIRED TERMS.—An individual appointed to fill tunity and welfare-to-work, would be ex- ministration, to further the conservation a vacancy that occurs before the expiration tended through Feb. 29, 2000. The credit for and management of fish, wildlife, and plant of the term of a Director shall be appointed contributions of stock to private foundations resources;’’. for the remainder of the term. would be extended permanently. Cost: $6.2 SEC. 3. BOARD OF DIRECTORS OF THE FOUNDA- ‘‘(5) REAPPOINTMENT.—An individual (other billion (House tax bill) TION. (a) ESTABLISHMENT AND MEMBERSHIP.—Sec- than an individual described in paragraph 4. Social Security Earnings Test tion 3 of the National Fish and Wildlife (1)) shall not serve more than 2 consecutive Senior citizens ages 65 to 69 would be able Foundation Establishment Act (16 U.S.C. terms as a Director, excluding any term of to earn up to $17,000 in 1999 without losing a 3702) is amended by striking subsection (a) less than 6 years.’’. portion of their Social Security benefits. The and inserting the following: (c) PROCEDURAL MATTERS.—Section 3 of the earnings limit would gradually rise to $30,000 ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.— National Fish and Wildlife Foundation Es- in 2002 and $39,750 in 2008. Current law per- ‘‘(1) IN GENERAL.—The Foundation shall tablishment Act (16 U.S.C. 3702) is amended mits the earnings limit to increase to $37,948 have a governing Board of Directors (referred by adding at the end the following: in 2008, but at a slower pace. Cost: $550 mil- to in this Act as the ‘Board’), which shall ‘‘(h) PROCEDURAL MATTERS.—The Federal lion (House tax bill) consist of 25 Directors appointed in accord- Advisory Committee Act (5 U.S.C. App.) 5. House Loophole Closer ance with subsection (b), each of whom shall shall not apply to the Foundation.’’. The amendment retains a provision in the be a United States citizen. (d) TECHNICAL AMENDMENTS.— House bill that closes tax loopholes related ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF (1) Section 4(c)(5) of the National Fish and to certain liquidations of real estate invest- VIEW.—To the maximum extent practicable, Wildlife Foundation Establishment Act (16 ment trusts and regulated investment com- the membership of the Board shall represent U.S.C. 3703(c)(5)) is amended by striking ‘‘Di- panies. diverse points of view relating to conserva- rectors of the Board’’ and inserting ‘‘Direc- tion and management of fish, wildlife, and tors of the Foundation’’. 6. Tax Reductions Effective When Social Secu- plants. (2) Section 6 of the National Fish and Wild- rity is Saved ‘‘(3) NOT FEDERAL EMPLOYEES.—Appoint- life Foundation Establishment Act (16 U.S.C. The bill’s provisions would become effec- ment as a Director of the Foundation shall 3705) is amended by striking ‘‘Secretary’’ and tive when the Social Security Trust Fund not constitute employment by, or the hold- inserting ‘‘Secretary of the Interior or the achieves long-range actuarial balance.∑ ing of an office of, the United States for the Secretary of Commerce’’. f purpose of any Federal law.’’. (3) Section 6 of the National Fish and Wild- (b) APPOINTMENT AND TERMS.—Section 3 of life Foundation Establishment Act (16 U.S.C. INTERNET TAX FREEDOM ACT the National Fish and Wildlife Foundation 3705) is amended by inserting ‘‘or the Depart- Establishment Act (16 U.S.C. 3702) is amend- ment of Commerce’’ after ‘‘Department of ed by striking subsection (b) and inserting the Interior’’. HUTCHINSON (AND MCCAIN) the following: SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUN- AMENDMENT NO. 3748 ‘‘(b) APPOINTMENT AND TERMS.— DATION. Mr. HUTCHINSON (for himself and ‘‘(1) AGENCY HEADS.—The Director of the (a) PRINCIPAL OFFICE OF THE FOUNDATION.— United States Fish and Wildlife Service and Section 4(a)(3) of the National Fish and Wild- Mr. MCCAIN) submitted an amendment the Under Secretary of Commerce for Oceans life Foundation Establishment Act (16 U.S.C. intended to be proposed by him to the and Atmosphere shall be Directors of the 3703(a)(3)) is amended by inserting after ‘‘the bill, S. 442, supra; as follows: Foundation. District of Columbia’’ the following: ‘‘or in a At the end of the amendment, add the fol- ‘‘(2) APPOINTMENTS BY THE SECRETARY OF county in the State of Maryland or Virginia lowing: THE INTERIOR.— that borders on the District of Columbia’’. On page 24, strike line 5 and insert the fol- ‘‘(A) IN GENERAL.—Subject to subparagraph (b) INVESTMENT AND DEPOSIT OF FEDERAL lowing: (B), after consulting with the Secretary of FUNDS.—Section 4(c) of the National Fish October 6, 1998 CONGRESSIONAL RECORD — SENATE S11629 and Wildlife Foundation Establishment Act ‘‘(d) EXPENDITURES FOR PRINTING SERVICES tee on Armed Services be authorized to (16 U.S.C. 3703(c)) is amended— OR CAPITAL EQUIPMENT.—The Foundation meet on Tuesday, October 6, 1998, at 9 (1) by redesignating paragraphs (3) through shall not make any expenditure of Federal a.m. in open session, to receive testi- (7) as paragraphs (7) through (11), respec- funds in connection with any 1 transaction mony on the worldwide threats facing tively; and for printing services or capital equipment (2) by inserting after paragraph (2) the fol- that is greater than $10,000 unless the ex- the United States and potential U.S. lowing: penditure is approved by the Federal agency operational and contingency require- ‘‘(3) to invest any funds provided to the that administers the Federal program under ments. Foundation by the Federal Government in which the funds were provided.’’. The PRESIDING OFFICER. Without obligations of the United States or in obliga- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. objection, it is so ordered. tions or securities that are guaranteed or in- Section 10 of the National Fish and Wild- COMMITTEE ON BANKING, HOUSING, AND URBAN sured by the United States; life Foundation Establishment Act (16 U.S.C. AFFAIRS ‘‘(4) to deposit any funds provided to the 3709) is amended by striking subsections (a), Mr. COCHRAN. Mr. President, I ask Foundation by the Federal Government into (b), and (c) and inserting the following: unanimous consent that the Commit- accounts that are insured by an agency or in- ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— strumentality of the United States; ‘‘(1) IN GENERAL.—There are authorized to tee on Banking, Housing, and Urban ‘‘(5) to make use of any interest or invest- be appropriated to carry out this Act for Affairs be authorized to meet during ment income that accrues as a consequence each of fiscal years 1999 through 2003— the session of the Senate on Tuesday, of actions taken under paragraph (3) or (4) to ‘‘(A) $25,000,000 to the Department of the October 6, 1998, to conduct a hearing on carry out the purposes of the Foundation; Interior; and S. 2178, the ‘‘Children’s Development ‘‘(6) to use Federal funds to make pay- ‘‘(B) $5,000,000 to the Department of Com- Commission Act’’. ments under cooperative agreements entered merce. The PRESIDING OFFICER. Without into with willing private landowners to pro- ‘‘(2) REQUIREMENT OF ADVANCE PAYMENT.— objection, it is so ordered. vide substantial long-term benefits for the The amount made available for a fiscal year restoration or enhancement of fish, wildlife, under paragraph (1) shall be provided to the COMMITTEE ON ENERGY AND NATURAL and plant resources on private land;’’. Foundation in an advance payment of the RESOURCES (c) AGENCY APPROVAL OF ACQUISITIONS OF entire amount on October 1, or as soon as Mr. COCHRAN. Mr. President, I ask PROPERTY.—Section 4(e)(1) of the National practicable thereafter, of the fiscal year. unanimous consent that the Commit- Fish and Wildlife Foundation Establishment ‘‘(3) USE OF APPROPRIATED FUNDS.—Subject tee on Energy and Natural Resources Act (16 U.S.C. 3703(e)(1)) is amended by strik- to paragraph (4), amounts made available be granted permission to meet during ing subparagraph (B) and inserting the fol- under paragraph (1) shall be provided to the lowing: the session of the Senate on Tuesday, Foundation for use for matching, on a 1-to- October 6, for purposes of conducting a ‘‘(B) the Foundation notifies the Federal 1 basis, contributions (whether in currency, agency that administers the program under services, or property) made to the Founda- Full Committee business meeting which the funds were provided of the pro- tion by private persons and State and local which is scheduled to begin at 9:30 a.m. posed acquisition, and the agency does not government agencies. The purpose of this business meeting is object in writing to the proposed acquisition ‘‘(4) PROHIBITION ON USE FOR ADMINISTRA- to consider pending calendar business. within 45 calendar days after the date of the TIVE EXPENSES.—No Federal funds made The PRESIDING OFFICER. Without notification.’’. available under paragraph (1) shall be used objection, it is so ordered. (d) REPEAL.—Section 304 of Public Law 102– by the Foundation for administrative ex- COMMITTEE ON FOREIGN RELATIONS 440 (16 U.S.C. 3703 note) is repealed. penses of the Foundation, including for sala- (e) AGENCY APPROVAL OF CONVEYANCES AND ries, travel and transportation expenses, and Mr. COCHRAN. Mr. President, I ask GRANTS.—Section 4(e)(3)(B) of the National other overhead expenses. unanimous consent that the Commit- Fish and Wildlife Foundation Establishment ‘‘(b) ADDITIONAL AUTHORIZATION.— tee on Foreign Relations be authorized Act (16 U.S.C. 3703(e)(3)(B)) is amended by ‘‘(1) IN GENERAL.—In addition to the striking clause (ii) and inserting the follow- to meet during the session of the Sen- amounts authorized to be appropriated under ing: ate on Tuesday, October 6, 1998 at 2:15 subsection (a), the Foundation may accept ‘‘(ii) the Foundation notifies the Federal p.m. to hold a hearing. Federal funds from a Federal agency under agency that administers the Federal pro- The PRESIDING OFFICER. Without any other Federal law for use by the Founda- gram under which the funds were provided of objection, it is so ordered. tion to further the conservation and manage- the proposed conveyance or provision of Fed- ment of fish, wildlife, and plant resources in COMMITTEE ON GOVERNMENTAL AFFAIRS eral funds, and the agency does not object in accordance with the requirements of this Mr. COCHRAN. Mr. President, I ask writing to the proposed conveyance or provi- Act. sion of Federal funds within 45 calendar days unanimous consent on behalf of the ‘‘(2) USE OF FUNDS ACCEPTED FROM FEDERAL after the date of the notification.’’. Governmental Affairs Committee to (f) RECONVEYANCE OF REAL PROPERTY.— AGENCIES.—Federal funds provided to the meet on Tuesday, October 6, 1998, at Section 4(e) of the National Fish and Wildlife Foundation under paragraph (1) shall be used 10:30 a.m. for a hearing on the nomina- by the Foundation for matching, in whole or Foundation Establishment Act (16 U.S.C. tion of Sylvia Mathews to be Deputy 3703(e)) is amended by striking paragraph (5) in part, contributions (whether in currency, services, or property) made to the Founda- Director of the Office of Management and inserting the following: and Budget. ‘‘(5) RECONVEYANCE OF REAL PROPERTY.— tion by private persons and State and local The Foundation shall convey at not less government agencies. The PRESIDING OFFICER. Without than fair market value any real property ac- ‘‘(c) PROHIBITION ON USE OF GRANT objection, it is so ordered. quired by the Foundation in whole or in part AMOUNTS FOR LITIGATION AND LOBBYING EX- COMMITTEE ON THE JUDICIARY with Federal funds if the Foundation notifies PENSES.—Amounts provided as a grant by the Mr. COCHRAN. Mr. President, I ask Foundation shall not be used for— the Federal agency that administers the unanimous consent that the Commit- Federal program under which the funds were ‘‘(1) any expense related to litigation; or ‘‘(2) any activity the purpose of which is to tee on the Judiciary be authorized to provided, and the agency does not disagree meet during the session of the Senate within 45 calendar days after the date of the influence legislation pending before Con- notification, that— gress.’’. on Tuesday, October 6, 1998 at 9 a.m. in ‘‘(A) the property is no longer valuable for SEC. 6. LIMITATION ON AUTHORITY. room 226 of the Senate Dirksen Office the purpose of conservation or management The National Fish and Wildlife Foundation Building to hold a hearing on: ‘‘Judi- of fish, wildlife, and plants; and Establishment Act (16 U.S.C. 3701 et seq.) is cial Nominations.’’ ‘‘(B) the purposes of the Foundation would amended by adding at the end the following: The PRESIDING OFFICER. Without be better served by use of the proceeds of the ‘‘SEC. 11. LIMITATION ON AUTHORITY. objection, it is so ordered. conveyance for other authorized activities of ‘‘Nothing in this Act authorizes the Foun- COMMITTEE ON VETERANS’ AFFAIRS the Foundation.’’. dation to perform any function the authority (g) TERMINATION OF CONDEMNATION LIMITA- for which is provided to the National Park Mr. COCHRAN. Mr. President, the TION.—Section 4 of the National Fish and Foundation by Public Law 90–209 (16 U.S.C. Committee on Veterans’ Affairs would Wildlife Foundation Establishment Act (16 19e et seq.).’’. like to request unanimous consent to U.S.C. 3703) is amended by striking sub- f hold a joint hearing with the House section (d). Committee on Veterans’ Affairs to re- (h) EXPENDITURES FOR PRINTING SERVICES AUTHORITY FOR COMMITTEES TO ceive the legislative presentation of OR CAPITAL EQUIPMENT.—Section 4 of the Na- MEET tional Fish and Wildlife Foundation Estab- the American Legion. The hearing will lishment Act (16 U.S.C. 3703) (as amended by COMMITTEE ON ARMED SERVICES be held on October 6, 1998, at 9:30 a.m., subsection (g)) is amended by inserting after Mr. COCHRAN. Mr. President, I ask in room 345 of the Cannon House Office subsection (c) the following: unanimous consent that the Commit- Building. S11630 CONGRESSIONAL RECORD — SENATE October 6, 1998 The PRESIDING OFFICER. Without duty and 96,000 Reserves. During times has made Englewood Cliffs one of the objection, it is so ordered. of war, these brave individuals join finest towns in the North Jersey area. COMMITTEE ON VETERANS’ AFFAIRS with the other Armed Forces and val- Mayor Parisi has worked on behalf of a Mr. COCHRAN. Mr. President, the iantly risk their lives to defend Ameri- diverse pool of charitable and civic or- Committee on Veterans’ Affairs would ca’s freedom and national interests. ganizations that include the Witte like to request unanimous consent to During times of peace, the Navy is en- Scholarship Fund, the Quincentennial hold a markup on the following nomi- gaged in promoting regional economic Columbus Day Celebration, Veterans of nations: and political stability by maintaining Foreign Wars, and the Knights of Co- (1) Leigh Bradley, Esq., to be General a global presence both above and be- lumbus. The Englewood Chamber of Counsel, Department of Veterans Af- neath the surface of the seas. Commerce, UNICO, and the New Jersey fairs; The Navy is organized into three Insurance Agents, have all honored (2) Eligah Dane Clark to be Chair- main components. The first compo- Mayor Parisi as their ‘‘Man of the man, Board of Veterans Appeals, De- nent, the Navy Department, consists of Year’’ in the past. partment of Veterans Affairs; the Washington, D.C. executive offices Lucille Parisi has equaled her hus- (3) Edward A. Powell, Jr. to be As- and the Secretary of Defense. The sec- band’s accomplishments in a number of sistant Secretary for Management, De- ond component, the operating forces, civic organizations. As President of the partment of Veterans Affairs; and includes the Marine Corps, the reserve Hudson County Independent Insurance (4) Kenneth W. Kizer, M.D., M.P.H., components and during times of war, Agents, President of the Englewood to be Under Secretary for Health, De- the U.S. Coast Guard. The operating Cliffs Democratic Club, and Director of partment of Veterans Affairs. component trains and equips naval the Fort Lee Savings and Loan, Lucille The markup will take place in S–216, forces. The third component, the shore has been an active member of the com- of the Capitol Building, after the first establishment, provides intelligence munity. For the past 16 years, she has scheduled vote in the Senate on Tues- support, medical and dental facilities, also served on the Board of Trustees day afternoon, October 6, 1998. training areas, communications cen- and the Foundation of the Holy Name The PRESIDING OFFICER. Without ters, and facilities for the repair of ma- Hospital. objection, it is so ordered. chinery and electronics. Together these As a native of Bergen County, I have SUBCOMMITTEE ON CLEAN AIR components form a strong force ready known the Parisis well for many years. Mr. COCHRAN. Mr. President, I ask to defend the seas whenever freedom is I have seen their dedication to the En- unanimous consent that the Sub- threatened. glewood Cliffs Community firsthand, committee on Clean Air, Wetlands, Pri- An important division of the Navy is and I have consistently been impressed vate Property, and Nuclear Safety be the Naval Reserve. Today, the Naval by their level of commitment. They granted permission to conduct a hear- Reserve comprises 20 percent of the truly embody the activism and dedica- ing on S. 1097, the Acid Deposition Con- Navy’s total assets. These dedicated tion to community that is so vital. trol Act Tuesday, October 6, 9:30 a.m., men and women have provided assist- I know they will inspire others to Hearing Room (SD–406). ance as medical personnel and offered take an interest in improving their The PRESIDING OFFICER. Without fleet intelligence support in operations communities. They have earned a place objection, it is so ordered. such as Desert Shield and Desert in the hearts of Englewood Cliffs resi- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT Storm. At other times, the Naval Re- dents, and it is my pleasure to be able MANAGEMENT, RESTRUCTURING AND THE DIS- serve has helped provide humanitarian to honor them and their family on this TRICT OF COLUMBIA assistance and has engaged in mari- occasion.∑ time patrol. Over the years, the Naval Mr. COCHRAN. Mr. President, I ask f unanimous consent on behalf of the Reserve has evolved from a reactive to Governmental Affairs Subcommittee a proactive force ready to meet the RETIREMENT OF DARLENE on Oversight of Government Manage- challenges of the next century. GARCIA ment, Restructuring and the District Minnesota is home to 282 active duty Mr. DOMENICI. Mr. President, as of Columbia to meet on Tuesday, Octo- Navy servicepeople, of which 35 are of- ∑ United States Senators, we are often ber 6, 1998, at 2 p.m. for a hearing on ficers and 247 are enlisted. In addition, fortunate to have people of exceptional ‘‘Agency Management of the Imple- Minnesota has 1,540 Navy reservists, of ability work for us. It is, however, un- mentation of the Coal Act.’’ which 340 are officers and 1,200 are en- usual to have someone of unlimited The PRESIDING OFFICER. Without listed. compassion helping the people in the objection, it is so ordered. Mr. President, since its founding over State we represent. Darlene Garcia is a f 200 years ago, the Navy has shown the utmost dedication and service while person of unlimited compassion and I ADDITIONAL STATEMENTS protecting our national interests. I have been very lucky to have her on truly appreciate its commitment to de- my staff for the last 20 years. fending this nation and am honored Darline is the Director of my Las TRIBUTE TO THE UNITED STATES today to pay tribute to the men and Cruces office. This is one of the fastest NAVY women of the United States Navy.∑ growing areas in New Mexico, and Dar- ∑ Mr. GRAMS. Mr President, I rise f lene has her finger on the pulse on it today to pay tribute to the courageous all. She has helped hundreds of New men and women who serve in the HONORING JOSEPH C. AND Mexicans with their veterans benefits, United States Navy. LUCILLE PARISI social security, food stamps, and immi- The origins of the Navy can be traced ∑ Mr. TORRICELLI. Mr. President, I gration problems. Darlene knows how back to October 13, 1775, when the Con- rise today to join the Holy Name to make the Federal Government do tinental Congress ordered the construc- Healthcare Foundation in honoring Jo- what it is supposed to do for its citi- tion of ships for use in the War of Inde- seph C. Parisi and Lucille his wife as zens. In fact, Darlene knows how to pendence. It was at this time that the they receive the Lifetime Achievement make U.S. Senators do what is right by Continental Navy was formed, nine Award. The Parisi’s record of commu- their constituents. months before America declared itself nity activism and involvement has I sometimes say, there isn’t any kind independent. However, it wasn’t until been extensive, and I am pleased to rec- of care that Darlene hasn’t championed later, on April 30, 1798, that the Depart- ognize them on this occasion. be it health care, child care, or elder ment of the Navy was established and Joseph C. Parisi has served as Mayor care. She has always worked for more Benjamin Stoddert was appointed its of Englewood Cliffs since 1976. Prior to and better care for the people of South- first Secretary. This past spring we that he served on the town council for ern New Mexico because it is Darlene celebrated the 200th anniversary of the four years and was also the Englewood who rally cares. Darlene is the doer of Department of the Navy. Cliffs Police Commissioner. His in- good deeds. If good deed were dollars, Today, the United States Navy has volvement in the Englewood Cliffs she would have surpassed Bill Gates grown to a force of nearly 400,000 active community for over twenty-five years years ago. October 6, 1998 CONGRESSIONAL RECORD — SENATE S11631 Darlene always has a smile for every- to note that this is only a partial list to pre-K and K–12 education by creat- one who walks into my office. She al- of the many worthwhile and important ing a loan forgiveness program for stu- ways knows who to call to solve a prob- enterprises that Rodrigo d’Escoto has dents who earn a degree and obtain em- lem. She has been a mother figure and touched over the years. ployment in the child care industry, as an inspiration to all of the young peo- Mr. President, as one can see, the di- well as for students who gain teaching ple who have interned in my Las mensions of Rodrigo d’Escoto’s profes- jobs in school districts serving large Cruces office. sional and civic accomplishments are populations of low-income children. Darlene has been my representative of breathtaking proportions. Indeed, he The loan forgiveness program will pro- to the business community, worked ex- is quite deserving of being named the vide an important incentive for teach- tensively with county and municipal National Minority Male Entrepreneur ers to go into underserved areas and government officials and of course, the of the Year. I am confident that my fields. Coupled with this provision, the Hispanic community. She has worked Senate colleagues will join me in con- Higher Education Act strengthens and on border issues and has helped keep gratulating Mr. d’Escoto and d’Escoto, promotes greater accountability within the Texans under control The latter is Inc. for this prestigious award, and in current teacher preparation programs. no small feat. wishing them much continued success The legislation provides State and I want to thank Darlene for all of her in the future.∑ local partnerships with incentives to hard work, and wish her the best in re- f place a greater focus on academics and tirement. God bless you, Darlene, for HIGHER EDUCATION strong teaching skills for teacher cer- all that you have done for me and for REAUTHORIZATION ACT tification programs. By focusing on the people of New Mexico.∑ teacher preparation, this bill increases Mr. ABRAHAM. Mr. President, I rise f ∑ the likelihood that students will be today to express my strong support for adequately prepared and able to suc- HONORING RODRIGO d’ESCOTO the Higher Education Reauthorization ceed in our higher education system. Act that passed the Senate by a 96–0 ∑ Ms. MOSELEY-BRAUN. Mr. Presi- In all, this legislation demonstrates vote last week. dent, it is my honor to rise today to the bipartisan nature of this Congress’ recognize a distinguished resident and Mr. President, this legislation illus- trates this Congress’ strong support for commitment to education. This bill successful businessman from my home will impact thousands of college-bound state of Illinois, Mr. Rodrigo d’Escoto. education, particularly higher edu- cation. This bill will make strong in- students each year and will prepare Last month, Mr. d’Escoto was named thousands of school-age children for the National Minority Male Entre- vestments in our future by increasing the availability of financial aid to stu- higher education in the years to come.∑ preneur of the Year by the U.S. Depart- f ment of Commerce’s Minority Develop- dents in need, thereby allowing more ment Agency. This award recognizes students to benefit from our higher THE TRUE STORY OF HYDROGEN Mr. d’Escoto’s Hispanic heritage, his education system. Specifically, the bill AND THE ‘‘HINDENBURG’’ DISAS- success as an entrepreneur, and his lowers students’ five-year loan rate to TER the lowest it has been for 17 years. Con- service and dedication to the commu- Mr. HARKIN. Mr. President, for gress was able to strike a balance of ∑ nity. many years I have spoken of the prom- lowering the rates students pay on Mr. d’Escoto is the founder and ise of hydrogen energy as our best hope their loans to 7.46 percent while keep- chairman of d’Escoto, Inc., a Chicago- for an environmentally safe sustain- ing commercial lenders in the market. based architectural engineering firm. able energy future. My vision, and the This reduction in interest rates will re- Established in 1972, d’Escoto, Inc. is vision of many of our top scientists is one of the largest Hispanic-owned firms sult in a savings of $700 on the average debt of $13,000 and savings of more than simple. Hydrogen, which is produced by of its kind in the Midwest. Over the renewable energy with absolutely no last twenty five years, the firm has $1,000 on a $20,000 debt. By striking this balance, the long-term stability of the pollution and no resource depletion of participated in some of the most ambi- student loan program will continue. any kind, will prove a truly sustainable tious and important design/construc- The Higher Education Reauthoriza- energy option. tion projects in the Chicago area. tion Act also increases the maximum I recognize that hydrogen is not yet a These projects include the Northwest- Pell Grant available to low-income stu- form of energy widely known to the ern Memorial Hospital Expansion dents. Beginning in 1999, the maximum American public. In fact, hydrogen has project, the expansion of the McCor- student Pell Grant authorization level an unfortunate association. I would mick Place Convention Center and will increase gradually each year from like to spend a few minutes dispelling Hotel, the construction of the new the current level of $3,000 to $5,800 in one unfortunate myth of hydrogen en- Cook County Hospital, the ongoing ex- 2003. This change will enable low-in- ergy. pansion of O’Hare International Air- come students to afford college and ac- Mr. President, mention the word port and the construction of the air- cumulate less debt. ‘‘hydrogen’’ and many people remem- port’s new international terminal. Cer- The bill also includes an important ber the Hindenburg—the dirigible that tainly, Rodrigo d’Escoto and d’Escoto change to the State Student Incentive caught fire back in May of 1937, killing Inc. have contributed greatly to the Grant (SSIG) program that is of par- 36 of the 97 people on board. Now, look and structure of Chicago, one of ticular importance to me. Under this thanks to the scientific sleuthing of the world’s great architectural cities. legislation, the SSIG program was re- Addison Bain, a retired NASA scientist As is often the case with someone formed and changed to the Special with 30 years experience with hydro- who has achieved so much profes- Leveraging Education Assistance Part- gen, we can state with a fair degree of sionally, Rodrigo d’Escoto is a commit- nership (LEAP) Program. Working certainty that the Hindenburg would ted community member. Among the with Senators JEFFORDS, COLLINS, and have caught fire even without any hy- many boards and organizations that REED, I was able to have language in- drogen on board. Mr. d’Escoto has given his time and ex- cluded under the LEAP Program to This detective story was reported in pertise to are: the Harold Washington provide scholarships for low-income a recent issue of Popular Science. I ask Foundation, the Urban League, the students studying mathematics, com- that the Popular Science article be United Way, the United States His- puter science, or engineering. I believe printed in the CONGRESSIONAL RECORD panic Chamber of Commerce, the this language is particularly important at the conclusion of my remarks. Pilsen Resurrection Development Cor- given the current shortage of high-tech Addison Bain collected actual sam- poration, the National Association of workers. Through the LEAP program, ples from the Hindenburg—the cloth Latino Elected and Appointed Officials, States are provided matching money bags that contained the hydrogen— the Centro Hispano Americano, the from the Federal Government to pro- which were saved as souvenirs by the City of Chicago Planning Commission, vide grants for students entering var- crowd awaiting the Hindenburg at the Alliance of Latinos and Jews, and ious fields of study. Lakehurst, New Jersey on May 6, 1937. the Hispanic American Construction The Higher Education Reauthoriza- When these samples were analyzed by Industry Association. It is important tion Act makes a strong commitment modern techniques, Bain discovered S11632 CONGRESSIONAL RECORD — SENATE October 6, 1998 that the bags had been coated with cel- The hunt for the truth about the Hinden- collectors. ‘‘What I was trying to find out is, lulose nitrate or cellulose acetate— burg began in the late 1960s for Bain, a genial what did they use specifically in the coat- both flammable materials. Further- man with slicked-backed dark hair and a ing?’’ he says. face lined by many smiles. He was working Hepburn Walker, who had been stationed more, the cellulose material was im- on a hydrogen safety manual for NASA. Sit- in Lakehurst in the early ‘40s, was among pregnated with aluminum flakes to re- ting in a ‘‘Florida room’’ of mint and mauve those in possession of pieces of the Hinden- flect sunlight, and aluminum powder is tiled floors and furniture in a Cocoa Beach burg, Walker had found them in the soil. An- used in rocket fuel. Essentially the apartment, Bain recalls how he paged other sample, a part of the swastika painted outside of the Hindenburg was coated through the literature on hydrogen. ‘‘Invari- on the Hindenburg’s side, was kept in a safe with rocket fuel! ably,’’ he says, ‘‘the topic of the Hindenburg by Cheryl Gantz, head of the Zeppelin Collec- Addison now believes that the Hin- would come up. At the time, I didn’t think a tors Club in Chicago. lot about it.’’ Bain remembers meeting Gantz. ‘‘May I denburg probably caught fire from an Over the years, however, as he continued have a little clipping, just anything to take electrical discharge igniting the cel- his NASA work in hydrogen systems, the ref- to the lab?’’ he begged. Gantz was willing, lulose-coated gas bags. Remember, the erence began to accumulate in his mind. but wanted to impress upon Bain the fabric’s ship docked at Lakehurst with elec- ‘‘What I was starting to notice is that the value to her: ‘‘How much do you value your trical storms in the area, which was authors were inconsistent,’’ he says. Hydro- firstborn?’’ she asked. Bain laughs: ‘‘I got against regulations. gen detractors said the gas was so flammable the message!’’ Bain also located fabric sam- I would like to personally thank it killed everyone on the Hindenburg, which ples in Germany that were representative of Addison Bain for his valuable contribu- wasn’t true—about one-third of those aboard the top of the Hindenburg, where the fire started. tion to the history of the Hindenburg, had died. On the other hand, hydrogen pro- moters pooh-poohed safety concerns and Materials in hand, Bain headed to NASA’s and to lessening the public’s concerns claimed that those who perished did so only Materials Science Laboratory at the nearby over the safety of hydrogen. Hydrogen, because they jumped from the burning air- Kennedy Space Center. Over the next 14 in my judgment, will become a premier ship, which also wasn’t true. Says Bain: ‘‘I months, he carefully laid out a systematic fuel in the 21st century, since burning thought, wait a minute! Where are they get- testing protocol involving some 14 research- hydrogen produces no pollution of any ting their information?’’ He has also seen the ers who would volunteer their spare time to assist in what became known as Project H. kind, just pure, clean water. And hy- famous photos of the Hindenburg’s bright, blistering hot fire and knew that hydrogen ‘‘A jagged fire licks along the aft starboard drogen can be produced by using sun- side of the Hindenburg, another witness later light or wind electricity to split water. doesn’t burn in that way. A hydrogen fire ra- diates little heat and is barely visible to the recalls. Crewman Helmut Lau, on the lower Hydrogen energy has been used safely unaided eye. left of the craft, looks up through the trans- in the Nation’s space program for By 1990, Bain pulled a one-year assignment lucent gas cells and sees a red glow. In mo- many decades, and I believe it can be in Washington, D.C., at NASA headquarters, ments, cells begin to melt before his eyes. used safely for many other applications then across the street from the National Air The fire crests the top of the Hindenburg and spreads outward and downward, toward lau here on Earth. For example, hydrogen & Space Museum. ‘‘I like airplanes, so I went over there. Lo and behold, there’s this 25- and the others. Girders start cracking and could be a safe alternative fuel for cars. wires snap. With hydrogen still in the cells, It would be much less dangerous than foot-long model of the Hindenburg used in the 1975 movie with George C. Scott,’’ he re- the giant airship maintains level trim.’’ What was in that fabric? Work to create a gasoline in an accident. Hydrogen gas calls. ‘‘I’m looking at that model and a chemical and physical analysis included disperses rapidly, while gasoline lin- plaque on the wall. The plaque says some- using an infrared stectrograph and a scan- gers in the vicinity of the accident, in- thing about how the hydrogen exploded,’’ As creasing the risks to survivors of the ning electron microscope, which provided, a hydrogen expert, he knew that the pure gas respectively, the chemical signatures of the crash. I believe there are also countless doesn’t just explode. That was enough: He organic compounds and elements present. other uses for hydrogen. We can pursue made an appointment with the archivists up- A startling variety of highly flammable those options without fear because of stairs, dooned a pair of protective gloves, compounds proved to have been added to the Addison Bain’s efforts. Thanks to and lost himself in decades-old original docu- cotton fabric base. ‘‘They used a cellulose ac- ments in the museum’s Hindenburg files for etate or nitrate as a typical doping com- Addison Bain, we can continue down the rest of the day. the path toward a renewable hydrogen pound, which is flammable to begin with—a His research soon became something of a forest fire is cellulose fire,’’ says Bain. ‘‘OK, future without the undue fear of a sin- part-time obsession. Over the next few years. you coat that with cellulose nitrate—nitrate gular event from 60 years ago. Bain would steal away to the archive and is used to make gunpowder. And then you The article follows: travel to others in College Park and put [on] aluminum powder. Now, aluminum WHAT REALLY DOWNED THE HINDENBURG Suitland, Maryland, poring through thou- powder is a fuel used on the solid rocket sands of pages and copying documents in (By Mariette DiChristina) boosters on the space shuttle.’’ The wood search of answers. He even traveled to the spacers and ramie cord used to bind the May 6, 1937. The sky still appears moody Fires Sciences Lab in Missoula, Montana. He structure together, along with the silk and after a stormy day. A stately, silvery mar- speculated that, perhaps, some of the air- other fabrics in the ship, would also have vel, the 240-ton Hindenburg airship glides 200 ship’s materials had played a role in the ig- added to the fuel-rich inferno. Even the du- feet above Lakehurst, New Jersey, at around nition. Maddeningly, however, he couldn’t ralumin support framework of the Hinden- 7:21 p.m. In a 6-knot wind, the Zeppelin is at- find the exact formulations used. ‘‘I had the burg’s, rigid skeleton was coated with lac- tempting its first ‘‘high landing’’: The crew idea of the problem, but needed enough evi- quer, ostensibly to protect it from moisture. throws the spider lines out, preparing for dence to back my story up,’’ he says. In a flame test, a fabric section ignited and mooring. The gigantic ship, nearly three That was as far as he got until 1994, when burned readily. The arc test, in which 30,000 football fields in length, would be slowly he ran into Richard van Treuren, a space volts were zapped across a piece of fabric winched down. shuttle technician, at a conference on hydro- several inches long, was even more reveal- If you think you know exactly what hap- gen. Van Treuren, a self-avowed ‘‘helium ing: ‘‘Poof, it disappeared. The whole thing pened next, Adison Bain has a surprise for head’’ and member of the airship aficionados happened faster than I can explain it,’’ Bain you. Six decades after the infamous Hinden- called the Lighter-Than-Air Society in says. ‘‘I guess the moral of the story is, don’t burg disaster, when 36 of 97 aboard died dur- Akron, Ohio, was seeking Bain to talk about paint your airship with rocket fuel.’’ ing the horrific blaze that halted rigid-air- hydrogen. Van Treuren had a book about air- Bain is quick to point out, however, that ship travel, Bain has revealed a stunning ships. Bain spotted the book in the crook of it’s not that the Germans and other airship new explanation for what started the fire. van Treuren’s arm and bought it from him and aircraft makers of the era were simply Bain, a recently retired engineer and man- on the spot. foolish in doping the fabric the way they did. ager of hydrogen programs who spent more ‘‘The rain still spatters the wet ground in They had a number of technical problems to than 30 years at NASA, has recently con- starts and stops. The air is highly charged solve using the materials of the time. To- cluded several years of scientific sleuthing from the thunderstorms, investigators would day’s synthetic fabrics, with their range of work in search of the culprit behind the con- rule later. Six and three-quarter acres of properties, did not yet exist. The cotton or flagration. He combed through thousands of Hindenburg fabrics is kiting in the breeze. A linen fabric skin was swabbed with the pages of original testimony and materials at witness later would recall a bluish electrical chemicals to make it taut and reduce flutter four archives in the United States and one in phenomenon that dances over the aft star- for aerodynamics, and then painted with the Germany, interviewed survivors and airship board side of the Hindenburg for more than a reflective red iron oxide and aluminum so experts, and ultimately tested original mate- minute.’’ the sun’s heat wouldn’t expand the gas in the rials from the model LZ–129 Hindenburg and Through van Treuren, Bain learned that cells, to help prevent gas from escaping. The its contemporaries. Contrary to what the in- pieces of the Hindenburg’s skin still existed. skin had to be protected from deterioration vestigators ruled at the time, asserts Bain, Bain traveled around the country to procure from sunlight and rot from moisture. When the fire did not start with free hydrogen lit them, spending hundreds of dollars buying engineers changed one part of the formula- by natural electrical discharge or sabotage. original materials, books, and papers from tion to address flammability concerns, the October 6, 1998 CONGRESSIONAL RECORD — SENATE S11633 mixture might not have adhered well or Some detractors are still not ready to put Mr. President, the State of Oregon is other problems would crop up. aside the idea of hydrogen as fire-starter. in desperate need of this designation. ‘‘And I’m not saying hydrogen didn’t con- ‘‘Addison Bain’s hydrogen background car- Western States—California, Washing- tribute to the fire,’’ adds Bain. It is after all ries some weight,’’ says Eric Brothers, the ton, Arizona, New Mexico, and regions a fuel, he notes—and one he is hoping will editor of Buoyant Flight, the Lighter-Than- develop into a replacement or supplement to Air Society’s bulletin, but not everyone at in the Rocky Mountains—have received natural gas. ‘‘But it was a fuel-rich fire al- the society is convinced. The bulletin this designations to help them combat tre- ready; the hydrogen just added to it.’’ Bain year ran three articles detailing the skin-ig- mendous drug trafficking challenges. figures that maybe half of the 5 million cubic nition research, coauthored by van Treuren Oregon has been too long without as- feet of hydrogen remaining aboard the Hin- and Bain. As for Brothers: ‘‘I would like to sistance, fighting national and inter- denburg after the Atlantic crossing burned in see more independent verification of the national traffickers. the fire. ‘‘But so what? It’s academic.’’ tests, though I recognize that that’s difficult This request is not idly made. It Also made academic, perhaps, are decades to do,’’ he says. Still, ‘‘I’m 90 percent con- of speculation over the causes behind the comes following more than a year of vinced that the fabric had some role.’’ work with local and federal law en- start of the Zeppelin fire. All have blamed One of the Buoyant Flight articles’ most hydrogen, with various ideas about how the stringent critics is Donald E. Overs, a retired forcement agencies, and the U.S. At- gas became free and ignited. One popular engineer and pilot who worked on Goodyear torney’s Office. There experience, dedi- theory has it that a wire punctured a gas blimp construction and engineering for more cation and tireless commitment to cell. Bain, obviously, finds this doubtful. ‘‘If than 20 years. ‘‘Based on the authors’ cover eliminating drug production, traffick- that happened, it should have occurred dur- burn rate tests, it would have taken any- ing, and use is to be commended. Un- ing one of the final maneuvers.’’ But, ‘‘The where from 15 minutes to probably an hour fortunately, they have insufficient re- ship was stationary for 4 minutes before the or more for the cover alone to burn off. The first fire was indicated.’’ If cells were leak- sources to combat this scourge in Or- entire ship, on the other hand, was consumed egon or the country. I appreciate their ing gas that long, ‘‘The ship should really in less than 60 seconds,’’ he says. Overs’ de- start going like this,’’ Bain says as he tilts a tailed e-mail challenges to Bain’s theory— coordinated efforts and have learned handheld Hindenburg model nose upward. and the various defenses supporters—would through meetings with them and ex- ‘‘And it’s not. [At the start of the fire,] it’s occupy some 50 printed pages. ‘‘Bain can at tensive work in my State that we must still in trim.’’ most demonstrate or argue that the cover act—and act now. What about the possibility of loose hydro- was a brief link in the early ignition of the I am proud to report that in our first gen from the vents? Hydrogen was released hydrogen, but he cannot prove even that,’’ to help maintain level flight, and others meeting of the HIDTA steering com- concludes Overs. have theorized that a valve may have stuck mittee, of which I am a member, the ‘‘Like the mythical Icarus who ventured open. ‘‘The Hindenberg had an excellent vent- Department of Defense announced it too close to the sun, the Hindenburg goes ing system’’ says Bain, with vents between down in flames. As it touches the ground, the was sending Joint Task Force Six to cells that measured some 2 feet high and 7 ship bounces lightly, perhaps still buoyant Oregon to engage in a drug threat as- feet across. If hydrogen accumulated—dif- with remaining hydrogen.’’ sessment. As we speak, Task Force Six ficult to imagine for the lightest element, None of what Bain has learned has dimin- is conducting its study in our state and which has the greatest dispersal rate in the ished his admiration for the engineering will present its report to us at our next universe—how come, he asks, none of the achievement in creating the great airships. fires were observed at the vent sites atop the steering committee meeting on Octo- ‘‘With all due respect,’’ he says, ‘‘the Ger- ship? ber 29, 1998. Having requested a copy of mans did a fantastic job. I admire their tech- ‘‘In seconds, the rear half of the Hinden- the threat assessment for Washington nology. burg is engulfed in bright, writhing flames. ‘‘It was just an unfortunate little flaw, just State’s HIDTA Program in the Seattle- Gas cells one and two expand and burst with like the flaw on the Titanic and the flaw in Tacoma areas and met with Washing- explosive force; the released hydrogen adds the Challenger,’’ he says, referring to the ton State Drug Enforcement Adminis- fuel to the conflagration. The ship lurches ‘‘unsinkable’’ ship’s sulfurous, brittle steel tration (DEA) specialists, I am con- forward, breaking off water tanks attached and the space shuttle’s O-ring—both of which by light-release connectors near the bow of fident our request will be accepted. The failed under the prevailing weather condi- the craft. Having lost ballast, the airship’s obstacles we face in fighting drug pro- tions. ‘‘You never know what Mother Nature nose heads upward and people start jumping duction and trafficking are similar. is going to do to you.’’ to escape the flames, some too far from the ∑ Oregon’s central location along the ground to survive the fall.’’ f Interstate 5, and its proximity to the What is perhaps most stunning about coast, render it particularly vulnerable HIGH-INTENSITY DRUG Bain’s research is that what he has discov- to those who move heroine, cocaine TRAFFICKING AREA ered comes 60 years after some German air- and marijuana. For many years traf- ship experts already knew it. While visiting ∑ Mr. SMITH of Oregon. Mr. President, fickers have moved large quantities of an archive in Germany, he copied two 1937 I rise today to speak for a High-Inten- letters handwritten in German that had not illegal drugs along interstate 5, high- been seen by earlier investigators. Their sity Drug Trafficking Area (HIDTA) way 101, highway 97 and interstate 84. shocking contents were revealed to Bain designation for the State of Oregon. On Crackdowns along interstate 5 have only after he returned to Florida and had October 1, 1998 Senator WYDEN and I been successful, but the insufficiency them translated. They were written by an sent letters to the Director of the Of- of resources has produced an unbal- electrical engineer named Otto Beyerstock, fice of the National Drug Control Pol- anced, under-powered drug defense. who had incinerated pieces of Hindenburg icy, General Barry McCaffrey and At- Drug shipments from Central America fabric during electrical tests conducted at torney General Janet Reno requesting moving along these routes continue to the behest of the Zeppelin Co. In the notes, the designation. Beyerstock testily dismissed the idea that increase, while Pacific Rim countries hydrogen could have started the fire, stating High-Intensity Drug Trafficking feed the problem through Oregon ports. with certitude that it could only have been Areas (also known as HIDTAs) were au- These drug shipments are then traf- caused by the fabric’s flammability in a thorized in 1988 by the Anti-Drug Abuse ficked throughout the continental charged atmosphere. In a similar craft flying Act of 1988 and are administered by the United States. under the same atmospheric conditions that Office of National Drug Control Policy. This flow, from sources outside Or- the Hindenburg faced in Lakehurst, the same HIDTA designations are granted to re- egon, has introduced a criminal ele- sort of conflagration would occur, even if gions that are centers of illegal drug ment into the fabric of Oregon society. noncombustible helium were used as the lift- production, manufacturing, importa- ing gas. (In fact, notes Bain, such a fire did They came to produce and sell drugs, take place in 1935, when a helium-filled air- tion or distribution and have harmful and stayed to enjoy the climate, the ship with an acetate-aluminum skin burned impacts on the entire country. Once a abundance of space and breathtaking near Point Sur, California.) HIDTA has been designated, increased beauty, as well as the serenity and ‘‘I beg you to kindly inform me about the funding is granted to the State, design tranquility of our fields and forests. corrective measures to be taken or that have strategies to combat drug threats are These very qualities that make Oregon already been taken,’’ Beyerstock wrote to adopted and these designs are then unique are also the qualities that drug Zeppelin. Some modifications were made in a strategically implemented. The Office subsequent airship plan, such as the addition traffickers found beneficial to their of a fire retardant. ‘‘They knew,’’ Bain says of National Drug Control Policy’s trade. simply. But shortly after the Hindenburg dis- HIDTA Program has been profoundly The facts are indisputable. In 1991, aster, and probably because of it, the great successful in those regions where it has only 7 years ago, there were 39 drug-re- Zeppelins were removed from service. been implemented. lated deaths in Oregon. There were 221 S11634 CONGRESSIONAL RECORD — SENATE October 6, 1998 such deaths in 1997. Methamphetamine of CJP gives young Jewish people in BOND, develop new technology legisla- use among incarcerated adults in- the Boston area the opportunity to get tion that would promote greater access creased from 30 percent in 1991–1992 to involved in community service, as well to technology for people with disabil- 49 percent in 1996–1997. as to participate in discussions about ities, promote greater interest in and Children are the most victimized. Jewish issues from religious, ethical, investment by the Federal Government There were 629 juvenile arrests for drug social, political and economic perspec- and public and private entities in ad- offenses in 1991, and 2,392 in 1997. The tives. dressing the unmet technology needs of number of juveniles treated in drug For Joe to receive this award is espe- individuals with disabilities, and cre- treatment centers increased from 1,742 cially noteworthy, coming from one of ate expanded means by which individ- in 1991 to 4,028 in 1996. The Oregon Pub- the oldest philanthropies in the coun- uals with disabilities could purchase lic School Drug Use Survey Key Find- try and one so dedicated to educating assistive technology. We were joined in ings Report states that since 1990, others about Jewish issues. That is so, our efforts by Senators KERRY, MCCON- marijuana use by eighth graders— Mr. President, because Joe has not al- NELL, COLLINS, KENNEDY, REED, FRIST, eighth graders—mind you!, has tripled, ways been a member of the Jewish DEWINE, BINGAMAN, WELLSTONE, WAR- while marijuana use by eleventh grad- faith. NER, DODD, FAIRCLOTH, FORD, MIKULSKI, ers has increased 68 percent. General il- Maybe Joe was attracted to Judaism SARBANES, D’AMATO, REID, COCHRAN, licit drug use by eighth graders has to impress Nan when they were dating. and JOHNSON. This legislation will doubled since 1992, and over the same Maybe he was attracted to Judaism to equip individuals with disabilities time period increased in eleventh grad- impress me! Or, knowing Joe and his through technology, to sustain their ers by 21 percent. thirst for knowledge when learning functioning, to expand their range of I have given this problem much about Judaism, he found that the Jew- abilities, to be more independent, and thought in the past few months. While ish religion fulfilled him spiritually to contribute at home, in school, at I am confident that a HIDTA designa- and invited him into the community. work, and in the community. tion is vital to our ability to deter drug Joe then decided to convert, and he has S. 2432 builds on the success of the trafficking and production, this prob- become a most valuable participant in Tech Act. In recognition of the accom- lem has been further exacerbated by the community. plishments of State Tech Projects, the current Administration’s failure to Joe Morgart has served on CJP’s State protection and advocacy sys- focus and its diminished emphasis on Board of Directors, has been an active tems, and technical assistance provided the international component to the fundraising campaigner and started a by the Rehabilitation Engineering and war on drugs. That is why I am proud successful outreach and educational Assistive Technology Society of North to be an original cosponsor of the West- services program that drew in many America (RESNA) and United Cerebral ern Hemisphere Drug Elimination Act new members for CJP. He has partici- Palsy Associations, Inc., the bill con- of 1998 (S. 2522) which calls for an addi- pated in CJP’s leadership development tinues federal support for activities tional $2.6 billion investment in inter- program, and has been deeply involved proven to be effective in promoting ac- national counter narcotics efforts over in community service programs for the cess to assistive technology. It also the next three years. This bi-partisan organization. Beyond his involvement sets policies and authorizes federal sup- legislation restores funding to inter- in CJP, Joe is a leader of the Jewish port for new challenges related to tech- national interdiction and eradication Big Brother & Big Sister Association, nology and its impact on individuals efforts that were all but abandoned in part of the American Israel Public Af- with disabilities. It encourages states, 1993. Without decreasing domestic fairs Committee, and is a member of the Federal Government, public and funding or effort, this legislation re- the United Jewish Appeal’s Young private entities, individuals with dis- commits the nation to fighting drugs Leadership Cabinet. abilities and their families and advo- with a comprehensive international ap- Mr. President, I am proud that a cates, to form new partnerships, to proach. well-regarded organization like CJP stretch expectations and to build con- We, Oregonians, are committed to recognized Joe Morgart’s ability and sensus through common goals, to pro- the welfare of our State. We will drive contributions by honoring him with mote and to endorse meaningful ac- the criminal elements from our bor- this award. I know that his entire fam- countability by measuring progress on ders. Finally, Mr. President, we have ily is proud as well of his accomplish- common goals, and generally work to- no choice but to fight. We have no al- ments and the love and respect that he gether to make the environments and ternative but to win. I thank the has earned from all of those who know the technology of tomorrow accessible chair.∑ him.∑ to and usable by individuals with dis- f f abilities. The specific purposes of the bill are TRIBUTE TO JOSEPH MORGART ASSISTIVE TECHNOLOGY ACT OF to: support states in sustaining and ∑ Mr. LAUTENBERG. Mr. President, I 1998 strengthening their capacity to address rise today to pay tribute to a very spe- ∑ Mr. JEFFORDS. Mr. President, I am the assistive technology needs of indi- cial young man, one who is close to my very pleased that last night we passed viduals with disabilities; focus the fed- heart and certainly close to my daugh- S. 2432, the Assistive Technology Act of eral investment in technology that ter’s. He is my son-in-law Joe Morgart. 1998, the ATA. In the spring of 1988, I could benefit individuals with disabil- I rise to congratulate him not simply made a commitment to individuals ities; and support micro-loan programs for being a terrific husband to my with disabilities. I said that I would, to provide assistance to individuals daughter Nan and a loving father to with their help, and that of my col- who desire to purchase assistive tech- my grandsons, Alexander and Jona- leagues, develop and pass legislation nology devices or services. than, but also to recognize some of his that would provide greater access to S. 2432 reaffirms the federal role of personal achievements. Today, I com- assistive technology for people with promoting access to assistive tech- mend him for becoming a leader in the disabilities. Between April and August nology devices and services for individ- Jewish community in Boston. He was of that year, we did just that. The uals with disabilities. The bill allows honored there recently with the 1998 Technology-Related Assistance for In- states flexibility in responding to the Young Leadership Award given by the dividuals with Disabilities, commonly assistive technology needs of their citi- Combined Jewish Philanthropies (CJP) referred to as the Tech Act, became P. zens with disabilities, and does not dis- of Greater Boston. L. 100–407 and received its first appro- rupt the accomplishments of states CJP now raises nearly $25 million an- priation. That legislation has had a over the last decade through the state nually to support educational, humani- successful 10 year run. It sunsets on assistive technology programs funded tarian and cultural causes, as well as September 30, 1998. under the Tech Act. providing funding for health care and This spring I made another commit- Title I of the ATA authorizes funding social service programs in Israel and ment. I said I would, with the help of for multiple grant programs from fiscal other Jewish communities around the my friends in the disability commu- years 1999 through 2004: continuity world. The Young Leadership Division nity, my partners Senators HARKIN and grants, challenge grants, millennium October 6, 1998 CONGRESSIONAL RECORD — SENATE S11635 grants, and grants to protection and action with an individual, both to iden- ple with disabilities to purchase assist- advocacy systems, as well as funding tify a profile of the individual’s specific ive technology devices and services for a technical assistance program. The assistive technology needs and to rec- from fiscal years 1999 through 2004. bill streamlines and clarifies expecta- ommend alternatives for addressing These funds are to be used to establish tions, including expectations related to those needs. Second, once information specified types of loan programs for in- accountability, associated with con- is identified and links established, the dividuals with disabilities, and not to tinuing federal support for state assist- site will be a location on the Internet be used simply to purchase assistive ive technology programs. The bill tar- through which individuals may access technology for individuals with disabil- gets specific, proven activities, as pri- information about assistive technology ities. The authorization of appropria- orities, referred to as ‘‘mandatory ac- devices and services and be linked to tions for title III of S. 2432 is $25 mil- tivities’’. All State grantees must set state Tech Projects and other sites to lion for fiscal year 1999, and such sums measurable goals in connection to access additional information. for fiscal years 2000 through 2004. their use of ATA funds, and both the S. 2432 treats year 1999 as a transition We would not have been successful in goals and the approach to measuring year for current grantees of federal passing S. 2432 without the technical the goals must be based on input from funds for assistive technology. The bill assistance and cooperation from the individuals with disabilities in the provides the Secretary of Education U.S. Department of Education, the State. with discretion to treat grantees who state Tech Projects, particularly, If a State has received less than 10 have completed 10 years of Federal Lynne Cleveland, Director of the Ver- years of Federal funding under the funding in that year as if those states mont state Tech Project, the National Tech Act for its assistive technology were in their tenth year of federal Association of Protection and Advo- program, title I of S. 2432 allows a funding. In addition, grantees who have cacy Systems, and the Technology State, which submits a supplement (a received less than 10 years of funding Task Force of the Consortium for Indi- continuity grant) to its current grant for assistive technology programs may viduals with Disabilities, especially for Federal funds, to use ATA funds for elect in fiscal year 2000 only to transi- Jennifer Dexter, Jim Gelecka, Glen mandatory activities related to a pub- tion from continuity grant status to Sutcliffe, Sally Rhodes, and Ellin lic awareness program, policy develop- challenge grant status by submitting a Nolan. I would also like to recognize ment and interagency coordination, grant application for a challenge grant. the efforts of Senate staff, Lloyd The authorization level for title I of technical assistance and training, and Horwich with Senator HARKIN, Dreama the bill is $36 million for fiscal year outreach, especially to elderly and Towe with Senator BOND, and Pat 1999, and such sums for fiscal years 2000 rural populations with disabilities. Morrissey, Heidi Mohlman, and Caro- through 2004. Such a State also may use ATA funds lyn Dupree of my staff. Title II of S. 2432 provides for in- for optional grant activities: alter- In addition to being supported by the creased coordination of Federal efforts native State-financed systems for as- disability community, S. 2432 has been related to assistive technology and uni- sistance technology devices and serv- endorsed by the Administration and versal design, and authorizes funding ices, technology demonstrations, dis- the Chamber of Commerce and sup- for multiple grant programs from fiscal tribution of information about how to ported by the Administration. More- years 1999 through 2004. Title II finance assistive technology devices strengthens the mandate of the Inter- over, the National Governors Associa- and services, and operation of a tech- agency Committee on Disability Re- tion, and individual governors have nology-related information system, or search (ICDR) to include assistive tech- urged the passage of assistive tech- participation in interstate activities or nology and universal design research, nology legislation this year. public-private partnerships pertaining Everyone has worked especially hard and authorizes funding the joint re- to assistive technology. search projects by ICDR members. to help us meet our ambitious, com- If a state has had 10 years of funding Title II also provides for increased co- pressed time table. Along the way, for its assistive technology program, operation between the National Insti- every Senate office now has a better the State may submit an application tute on Disability and Rehabilitation understanding and appreciation of as- for a noncompetitive challenge grant. Research (NIDRR), which oversees the sistive technology—what it means to Grant funds must be spent on specific State Tech Projects, and the Federal an individual with a disability who has activities—interagency coordination, Laboratories Consortium. it and what it means to an individual an assistive technology information Title II of the bill also authorizes in- with a disability who needs it, but system, a public awareness program, creased funding for Small Business In- can’t get it. technical assistance and training, and novative Research grants (an existing Technology has become common- outreach activities. program under the Small Business Act) place and thus, is often taken for In fiscal year 2000 through 2004, if related to assistive technology and granted. Yet, the power of technology funding for title I exceeds $40 million, funding to commercial or other organi- is, in many ways, our last frontier. As States operating under challenge zations for research and development we push technology to do more for us, grants may apply for additional ATA related to how to incorporate the prin- S. 2432 offers us the tools to ensure funding, provided through competitive ciples of universal design into the de- that individuals with disabilities also millennium grants. These grants are to sign of products and buildings so they benefit. focus on specific statewide or local can be used without alteration by all I appreciate the support of my col- level capacity building activities in an people. This title also authorizes fund- leagues in passing S. 2432.∑ area or areas related to access to tech- ing for grants or other mechanisms to f nology for individuals with disabilities. address the unique assistive technology EUGENE L. MC CABE Title I of the bill also authorizes needs of urban and rural areas, of chil- funding for protection and advocacy dren and the elderly, and to improve ∑ Mr. MOYNIHAN. Mr. President, many systems in each State to assist individ- training of rehabilitation engineers years ago Eugene L. McCabe came to uals with disabilities to access assist- and technicians. Washington seeking financial support ive technology devices and services, Finally, title II of S. 2432 authorizes for his new North General Hospital in and funding for a technical assistance funding for the President’s Commission Harlem. By then people living in Har- program, and specifies administrative on the Employment of People with Dis- lem, like many in our cities, suffered procedures with regard to monitoring abilities to work with the private sec- from hospital cutbacks and closings. of entities funded under title I of the tor to promote the development of ac- They were in desperate need of afford- bill. The bill contains an authorization cessible information technologies. able and reliable medical care. The for a National Public Internet Site on The authorization of appropriations AIDS and crack epidemics overbur- assistive technology as part of the for title II is $15 million for fiscal year dened what few local facilities there technical assistance program. This site 1999, and such sums for fiscal years 2000 were. But where others saw despair, will have two distinct functions. First, through 2004. Eugene saw hope and opportunity. He once developed and operating, the site Title II of the bill provides for alter- founded North General as a community will have the capacity, through inter- native financing mechanisms for peo- hospital specializing in the treatment S11636 CONGRESSIONAL RECORD — SENATE October 6, 1998 of diabetes, cancer, and hypertension— loans. At the time, many small community fice of Community Service’s mission and the common afflictions in urban areas. hospitals, overwhelmed with the unexpected mission of AmeriCorps was one and the Still, North General did not become demands of AIDS patients and crack addicts, same: to develop opportunities for young overnight what Kenneth Raske, presi- were being closed. ‘‘It didn’t make financial people to provide meaningful, direct and de- sense,’’ Mr. Cuomo said. ‘‘But he made a case monstrable service to their communities. It dent of the Greater New York Hospital for that hospital. He was always entreating. was our hope that AmeriCorps would help us Association, called a wonderful hos- He was never offensively pushy, but he was to build unique partnerships with public and pital. It took Eugene’s dedication, vi- insistent.’’ private agencies by engaging young people in sion, and compassion to see it through. As a result of Mr. McCabe’s entreaties in productive and meaningful service to their When told his hospital would fail be- Albany, Washington and New York City, the communities. These partnerships would cause there was no money to be made, state appropriated $150 million to build the serve as clear examples of how we could he worked harder. The hospital became hospital. From the start, it was rooted in the work together in Montana to improve how we, as fellow citizens, respond to pressing his life’s passion. He appealed to banks, community. At one early point, the union asked the hospital workers to continue needs. businesses, and political leaders for working despite a missed pay period, Mrs. Now in its fourth year, AmeriCorps offers a support. And he made good on his Guggenheimer said. With the help of banks, creative, effective, and non-bureaucratic promise. North General became a local businesses and politicians, it pulled means of addressing the unmet education, thriving hospital that has never lost through several financial crises. human, public safety and environmental touch with its community. It remains As president of the new hospital, Mr. needs of our state— and our country. Indeed, the only minority-run hospital in New McCabe drew on the resources of the staff in AmeriCorps has become a model of devolu- tion, where real authority and ownership for York State. Located at 121st Street unexpected ways, Mr. Francis said. Nurses helped choose color schemes, and engineers a federal initiative is delegated to the states. and Madison Avenue, North General installed lighting and laid floors—tasks that Through governor-appointed bipartisan state Hospital stands as a memorial to Eu- would ordinarily be done by outside workers. commissions, priorities are established and gene McCabe and his dedication to im- The process was repeated seven years ago, projects are selected to receive AmeriCorps proving the lives of others. when North General moved into its current funding. With his passing much will be said of facility, a modern brick building on 121st The results are impressive. Last year him. Those who worked with him re- Street and Madison Avenue, with a bright in- alone, our locally-run AmeriCorps programs generated nearly $1,000 hours of service to member a leader—self-assured and in- terior decorated with art selected by staff members. Montana communities. Their service di- spiring—who, despite popular motiva- rectly benefits 50,000 children and families in tions and trends, compelled himself ‘‘The hospital,’’ Mr. Cuomo said, ‘‘was his.’’ Montana, and indirectly almost one-third of and others to make affordable and Mr. McCabe, who grew up in New Haven, our state population. Nationally, similar re- quality health care a reality for many graduated from Southern Connecticut State sults abound. This year, some 40,000 who might otherwise have gone with- University. AmeriCorps members will get things done for out it. Those who loved him remember He is survived by this wife, the former more than 1,200 communities across the his smile, his helpfulness, and his gra- Elsie Crum, who is the president of the Mu- country. seum for African Art in SoHo; their 1-year- When AmeriCorps was created, some feared cious presence. Eugene McCabe’s life it might replay the worst of the welfare was a blessing and we are grateful to old twins, Eugene and Erin, and a son, Kevin, from a previous marriage.∑ state—an entrenched, expensive, Washington have been touched by it. run program. Many feared, even more, that f I ask that the obituary from The New it would undermine traditional volunteers York Times be printed in the RECORD. GOVERNOR RACICOT ON with yet another federal program. I can say The obituary follows: COMMUNITY SERVICE from experience that the fears were mis- [From the New York Times, Oct. 1, 1998] placed. As a governor who tries very hard to ∑ Mr. BURNS. Mr. President, Governor be careful with tax dollars, I have witnessed EUGENE L. MCCABE, 61, FOUNDER OF HARLEM Marc Racicot of my home State of time and again the fruits of this prudent in- COMMUNITY HOSPITAL Montana recently wrote an op-ed on vestment in Montana. (By Barbara Stewart) community service which appeared in Now, after more than five years, we have Eugene L. McCabe, a management consult- the Washington Times and The Hill seen a tremendous rekindling of a sense of ant who founded and was president of North newspapers. For the benefit of those public service and civic duty, in many ways, General Hospital, a thriving, minority-oper- through the programs and opportunities gen- ated community hospital in Harlem, died who haven’t seen it, I ask to have the erated through the National Community there yesterday. He was 61. op-ed inserted into the CONGRESSIONAL Service Act. I am convinced national and The cause was breast cancer, his family RECORD. community service promotes core values— said. [From The Washington, Times, Aug. 31, 1998] hard work, self-discipline, civic duty, per- ‘‘He was indefatigable in putting it to- COMMUNITY SERVICE THAT WORKS sonal responsibility, the cherishing of human gether,’’ said Mario M. Cuomo, who, as Gov- life—that we too often sadly find lacking. If ernor, approved many of the grants and (By Marc Racicot) the era of big government is finally over, loans to build North General. ‘‘His strength Governors meet together and routinely certainly the era of big citizenship must was his will and his total commitment.’’ stake out areas of broad bipartisan agree- begin. North General, a 200-bed hospital on 121st ment that transcend the partisan struggles I have joined twelve of my fellow governors Street and Madison Avenue, is the only mi- that have become synonymous with election- in urging not only continued federal funding nority-operated hospital in the state. Most year politics. One issue that enjoys strong of AmeriCorps, but also reauthorization of of its trustees are black. The hospital spe- support from governors of both parties is na- the Act, increasing the partnership with cializes in treatment for diabetes, cancer and tional and community service. The support states and the authority of directing these hypertension, which occur widely among for service is based on a simple conviction programs at the state level. We join with our low-income blacks. It recently built 300 units that I share with many other governors: that peers from the New England Governors’ Con- of condominium housing for low- and middle- every generation of young people needs to ference in urging Congress to support reau- income residents of Harlem. accept responsibility for its country and its thorizing the National Community Service ‘‘It is a wonderful hospital,’’ said Kenneth community. Amendments Act, in order to improve the Raske, president of the Greater New York As a first-term Republican governor in laws’s current language. As their resolution Hospital Association. ‘‘And Gene did it January, 1993, I asked, and our legislature notes, we support the bill’s ‘‘devolution pro- through sheer dogged persistence and sharp approved, a proposal to create a Governor’s visions that add authority and flexibility to business acumen.’’ Office of Community Service intended to en- states . . . [to] provide Governor-appointed When another specialized hospital moved hance the ethic of service and elevate the state commissions more control over pro- out of Harlem in the late 1970’s, Mr. McCabe, importance of ‘‘community,’’ particularly gram selection.’’ along with Randolph Guggenheimer, a law- among our young people. Meaningful service, Community service is a vital element in yer, developed the idea for North General: a we believed, would nurture productive young the chemistry of our existence as a society, community hospital to serve the impover- citizens committed to the future of our state renewing our sense of community and civic ished, medically deprived area. because they had invested their sweat and initiative. It is the glue that bonds free peo- ‘‘It became his passion, his life work,’’ said labor in that future. Here in Montana, we ples together. We in Montana have seen how Livingston S. Francis, chairman of the board sought to encourage service as a life-long vitally important this is, recently having of North General. ‘‘habit of the heart.’’ completed our state Governors’ Summit on Mr. Cuomo, who described the hospital’s When the National Community Service Act Youth, and witnessing the real necessity of creation as ‘‘a miracle,’’ said it took all of of 1993 was passed, Montana was in an ideal promoting opportunities for young people to Mr. McCabe’s persuasive powers to talk him position to move forward with the oppor- give back to others. Through community and others into approving the necessary tunity offered through AmeriCorps. The Of- service they learn what it’s like to belong to October 6, 1998 CONGRESSIONAL RECORD — SENATE S11637 something good and solid and decent. illegal handguns being seized on the east the percentage of firearms recovered in D.C. AmeriCorps helps provide that opportunity coast. Information provided by the Bureau of has dropped from 35.1 percent in 1991 to 26.8 and truly puts the states in the driver’s seat, Alcohol, Tobacco and Firearms regarding percent in 1997. Additionally, Virginia has which translates into meaningful ownership, firearms seized from March to August of 1991 dropped from the number two source state in and impact, at the state and local level.∑ ranked Virginia as follows: New York 1990 to number eight in 1997 for guns seized f Project Lead—(108 Firearms), Ranked Num- in Boston. ber One; District of Columbia Project The law was designed to stop the flow of ONE GUN A MONTH FORUM Lead)—(244 Firearms), Ranked Number One; handguns being purchased for illegal pur- ∑ Mr. LAUTENBERG. Mr. President, Boston Project Lead)—(14 Firearms) Ranked poses and transported out of state, but not to Number Three; Total Firearms—366 Fire- on September 2, I convened a forum on impede the law-abiding citizens from pur- arms. chasing more than one handgun in thirty gun trafficking. Across America, it is In 1989, the Virginia General Assembly en- days. The statute was designed with provi- simply too easy for criminals, particu- acted legislation which created Virginia’s in- sions for the purchase of multiple handguns larly gangs, to purchase and distribute stant background system to address the flow for collections by collectors, business use, large numbers of guns. And more guns of firearms going to prohibited persons. This personal use and estate sales. An individual in the wrong hands means more murder system, even though it prevents prohibited desiring to purchase more than one handgun and mayhem on our streets. persons from purchasing firearms from feder- in thirty days is required to complete a mul- Because we must move more aggres- ally licensed firearms dealers, does not tiple handgun purchase application. The ap- eliminate the flow of Virginia handguns sively to stop this deadly crime, I in- plication is submitted to the State Police being seized in other states. The Virginia and processed by the Firearms Transaction troduced S. 466, the Anti-Gun Traffick- General Assembly studied this issue and Center (FTC). The FTC conducts an en- ing Act. The testimony I heard at the amended the law to reduce the flow of Vir- hanced background check on the applicant. forum has made me even more deter- ginia handguns to other states. The law was If the applicant is approved, he/she is issued mined to pass this sensible legislation revised in 1993, to limit the number of hand- a multiple handgun purchase certificate and help stop gun traffickers. guns to one that a person could purchased which permits him to purchase the number In order to share the insights of the during any thirty day period. The law went and type of handguns requested in the appli- witnesses at the forum with my col- into effect on July 1, 1993, to address the cation. The FTC has issued 2,245 multiple growing problem of handguns being pur- leagues and the public, I am submit- handgun purchase certificates from July 1, chased from Virginia’s firearms dealers and 1993 to July 30, 1998 while denying 164 appli- ting the testimony presented for inclu- being seized by law enforcement authorities cations because the applicant did not meet sion in the CONGRESSIONAL RECORD. in other states namely New York, New Jer- the multiple purchase requirements or had Previously, I submitted the testimony sey, Massachusetts and the District of Co- already exceeded the limit for the thirty-day of Mayor Edward Rendell, James and lumbia. Another issue that was addressed by period. Sarah Brady from the Center to Pre- enactment of this legislation was the influx The one handgun in thirty days was stud- vent Handgun Violence and Handgun of narcotics into Virginia as payment for the ied by the Virginia Crime Commission in Control, and John Schuler, Kenisha firearms being sold in other states. Even 1995; copy attached. The results of that study when cash was used to purchase the firearms Green and Quanita Favorite, three concluded that most gun control policies from the trafficker, the trafficker in turn currently being advocated in the United young people from the D.C. area. purchased narcotics for sale on Virginia’s States (e.g., licensing, registration, and one- Today, I would like to submit a streets. gun-a-month) could, most fairly, be de- statement from Captain R. Lewis Vass, An example of illegal gun trafficking from scribed as efforts to limit the supply of guns Commander of the Criminal Justice In- Virginia to states in the north eastern cor- available in the illegal market. In other formation Services Division of the Vir- ridor involved a gun shop located directly words, these are policies crafted to keep guns ginia Department of State Police. His across the street from the Virginia State Po- from prescribed individuals. Once enacted; lice headquarters. This was a mom-and-pop however, it is important to demonstrate that testimony bears witness to the success gun shop favored by gun runners because of of Virginia’s one-gun-in-thirty-day law they are effective. This study, which is at- the ease in which firearms could be obtained. tached, looks at the impact of Virginia’s which was enacted in 1993. Since 1993, During an investigation into illegal gun traf- one-gun-a-month law, provides persuasive the number of crime guns traced back ficking, it was found that gun purchasers evidence that a prohibition on the acquisi- to Virginia from the Northeast dropped from New York would come to Virginia and tion of more than one handgun per month by by nearly 40 percent. Prior to one-gun- solicit the help of either street people or col- an individual is an effective means of dis- a-month, Virginia had been among the lege students possessing a valid Virginia rupting the illegal interstate transfer of fire- leading suppliers of weapons to the so- drivers license to purchase firearms for them arms. for a small fee. These ‘‘straw purchasers’’ called ‘‘Iron Pipeline’’ that fed the As a follow-up to this previous study, the would go into the gun shop and purchase a Bureau of Alcohol, Tobacco and Firearms arms race on the streets of North- box of guns, a box contains ten handguns. provided this Department with information eastern cities. The firearms would be turned over to the on firearms seized on the east coast regard- Mr. President, I ask that the testi- gun trafficker in the parking lot of the store. ing Virginia firearms. The information re- mony of Captain R. Lewis Vass be Videos captured by ATF agents during the vealed that of the firearms seized in 1997, 184 printed in the RECORD. investigation revealed that these types of il- originated from Virginia. Of that number, 87 The testimony follows: legal transactions were conducted numerous of these firearms were obtained after the law times a day almost every day of the week TESTIMONY OF CAPTAIN R. LEWIS VASS, was enacted in July 1993. This demonstrates that the store was open. SEPTEMBER 2, 1998 a significant reduction from 366 firearms for During February 1992, the owner of the six months in 1991 to 87 firearms in 12 Senator Lautenberg, I am Captain Lewis gunshop cut to five the maximum number of months of 1997. Vass, Commander of the Criminal Justice In- firearms transferred per purchase to five at We believe that Virginia’s one handgun in formation Services (CJIS) Division of the the conclusion of a case in which a traffick- thirty day law has had its intended effect of Virginia Department of State Police. I have ing group moved 240 firearms from Virginia reducing Virginia’s status as a source state been a sworn police officer with the Virginia to New York, 85 percent or approximately 204 for gun trafficking. At the same time, the State Police for the past 32 years. Since the of them from this gun shop. law does not appear to create an onerous enactment and implementation of Virginia’s The investigation concluded with the ar- burden for the law-abiding gun purchaser instant check firearms purchase approval rest of the store owners and closing of the who apply for and are granted multiple hand- program in 1989, I have been responsible for firearms outlet. gun purchase certificates. Even though there the administration and operation of the A Project Lead report released by ATF in is not conclusive evidence that the one-gun- Firearms Transaction Center. One of the 1992 reporting the results of firearms traced in-thirty-days reduced the number of violent functions of the center is the tracking of to New York from January 1, 1992 through criminal offenses occurring with firearms, multiple handgun sales and issuance of mul- June 16, 1992 revealed that for 501 of 805 fire- the number of Murders, Robberies and Ag- tiple handgun purchase certificates approv- arms traces received the leading source gravated Assaults occurring with the use of ing or denying the application to purchase states were as follows: 1. Virginia—108 fire- a firearm has significantly dropped since 1993 more than one handgun within a thirty-day arms, 20%; 2. Florida—92 firearms, 18%; 3. the year the one-gun-in-thirty-days was en- period. Texas—39 firearms, 8%; 4. Connecticut—37 acted.∑ I appear here today to speak with regard to firearms, 7%; 5. Ohio—34 firearms, 7%. Virginia’s one-gun-in thirty-day law and the A 1997 trace report released by ATF shows f impact the law has had on gun trafficking in that the percentage of firearms from Vir- DOUGLAS FONTAINE Virginia. ginia seized in New York has dropped to 12.5 Prior to the enactment of Virginia’s one percent as compared to 20 percent in 1992. ∑ Mr. COCHRAN. Mr. President, I am handgun in thirty day law, Virginia was de- While Virginia remains the leading source very pleased to learn that the Mis- scribed as one of the major source states for state for firearms seized in Washington, D.C., sissippi Hotel and Motel Association S11638 CONGRESSIONAL RECORD — SENATE October 6, 1998 will honor my good friend, Douglas numbers astound. Their 114 regular thousands of individuals and entities Fontaine, on October 23, 1998, by estab- season victories are the most in base- who have taken advantage of the gov- lishing a scholarship in his name. The ball since the 1906 Chicago Cubs. Bernie ernment. scholarship will provide education as- Williams took the batting title, and on Naturally, IGs are not always popu- sistance to future entrepreneurs in the May 17 David Wells hurled the first lar at their agencies. No official likes hospitality industry. perfect game by a Yankee pitcher since to hear that a policy proposal is going Doug literally grew up in the hotel Don Larsen’s masterpiece in game five to cost too much money or that a fa- business watching both his parents and of the 1956 World Series. (I was an aide vored program suffers from waste, grandparents manage the historic to Governor Harriman at the time.) On fraud, or abuse. But delivering news ‘‘Allison’s Wells Spa’’ in Way, MS. Friday night, after a three-hour rain about problems, while sometimes un- After returning from a tour of duty in delay, the Yankees swept the pro- popular or unwelcome by an agency, is Germany where he managed a R & R digiously talented Texas Rangers 3–0 in vital to responsive and wise govern- hotel, he took his turn managing their first-round American League ment management. Allison’s Wells. Doug eventually moved playoff series. Thus, we did well to pass this resolu- to Pascagoula, MS, where he has owned Sadly, the season is not without its tion recognizing the achievements of and operated the La Font Inn for over concerns. Darryl Strawberry, the em- the IGs and thanking them for their 35 years. battled talent who so bravely and ad- services. The Governmental Affairs As the only Mississippian to have mirably turned his life and career Committee looks forward to working been President and Chairman of the around these past few years, was diag- with the IGs in the future, including Board of the American Hotel and Motel nosed last week with colon cancer. The considering possible improvements to Association, his program, ‘‘Quest for Yankees outfielder/designated hitter the IG act to ensure that they are af- Quality’’ has been his lasting legacy underwent surgery Saturday and the forded the necessary independence and for hotels around the United States, prognosis of a full recovery is excel- authority.∑ Europe and the Caribbean. lent. Our prayers are with him. f Doug has been President of such or- Tonight, in the Bronx, the Yankees ganizations as the Jackson County will host the Cleveland Indians in the COMMEMORATION OF THE BICEN- Heart Fund, Rotary Club, the Pas- first game of the American League TENNIAL OF THE LIBRARY OF Point Navy League, United Way of Championship Series, the winner to CONGRESS Jackson County, the Mississippi Hotel face the Atlanta Braves or San Diego Ms. SNOWE. Mr. President, I ask and Motel Association, the Gulf Coast Padres in the World Series. No doubt unanimous consent the Banking Com- Hotel and Motel Association, the Gulf Darryl Strawberry will be in the hearts mittee be discharged in further consid- Coast Economic Development Council, and minds of the entire team and city, eration of H.R. 3790, and further that the Jackson County Economic Devel- as the Yankees continue their most re- the Senate proceed to its immediate opment Council, and the Jackson markable season. Just two years ago, consideration. County Chamber of Commerce. the Yankees won the World Series, and The PRESIDING OFFICER. Without Doug was also on the committee that I was honored to ride in a motorcade objection, it is so ordered. The clerk worked to bring Naval Station down Broadway with Joe DiMaggio, will report. Pascagoula to Mississippi, and he has the original Yankee Clipper. In all The bill clerk read as follows: chaired the committee to ‘‘Save the likelihood another parade is in the off- A bill (H.R. 3790) to require the Secretary Homeport’’ for many years. ing.∑ of the Treasury to mint coins in commemo- Currently, Doug serves as a lifetime f ration of the Bicentennial of the Library of Director of the American Hotel and Congress. Motel Association and as a member of RECOGNIZING THE ACCOMPLISH- There being no objection, the Senate the National Restaurant Association. MENTS OF INSPECTORS GEN- proceeded to consider the bill. He also serves on the Board of Direc- ERAL Ms. SNOWE. I ask unanimous con- tor’s of the Hancock Bank, a position ∑ Mr. THOMPSON. Mr. President, I ap- sent that the bill be deemed read a he has held for over 27 years. plaud the Senate’s action in passing a third time and passed, the motion to We are very proud of the leadership joint resolution, S. J. Res. 58, recogniz- reconsider be laid upon the table, and and example of Doug Fontaine. Our Na- ing the accomplishments of Inspectors that any statements relating to the tion is strong because of people like General during the last 20 years. bill be printed in the RECORD. him. I congratulate him, his wife Lou, Inspectors General came into being The PRESIDING OFFICER. Without and the Mississippi Hotel and Motel in 1978, when with the leadership of the objection, it is so ordered. Association for making this tribute a Senate Governmental Affairs Commit- The bill (H.R. 3790) was deemed read lasting legacy that will offer opportu- tee, Congress passed the act creating a third time and passed. nities to younger members of this in- these vital positions. The initial legis- f dustry.∑ lation was modified and expanded in CONSUMER REPORTING EMPLOY- f 1988, and today there are IGs at nearly 60 Federal departments, agencies, and MENT CLARIFICATION ACT OF THE REMARKABLE NEW YORK other entities. IGs are a unique institu- 1998 YANKEES tion. By design, they are independent Ms. SNOWE. Mr. President, I ask ∑ Mr. MOYNIHAN. Mr. President, I rise voices that owe duties to both Congress unanimous consent that the Senate today to add my voice to the growing and their agency heads. Their job, now proceed to the consideration of S. chorus of people proclaiming, ‘‘Thank which is not easy, is to identify and re- 2561 introduced earlier today by Sen- God for baseball!’’ In this otherwise tu- port on waste, fraud, and abuse, and ators NICKLES and BRYAN. multuous year, the national pastime is other problems in Federal Government The PRESIDING OFFICER. Without back. Mark McGwire and Sammy Sosa and then recommend solutions. objection, it is so ordered. The clerk broke Ruthian (and Marisian!) records, IGs have served the taxpayers of this will report. Cal Ripken voluntarily ended his he- country well. Every year, they make The bill clerk read as follows: roic streak of 2,632 consecutive games recommendations totaling billions of A bill (S. 2561) to amend the Fair Credit played (a record which may never be dollars on how our government should Reporting Act with respect to furnishing and broken) and, most importantly, the spend money more wisely. They return using consumer reports for employment pur- New York Yankees and the incom- hundreds of millions of dollars to the poses. parable Joe Torre are back on top. Well Federal treasury annually through in- There being no objection, the Senate done! vestigative recoveries. And they help proceeded to consider the bill. While New Yorkers have grown ac- protect the integrity of Federal Gov- Mr. NICKLES. Mr. President, Sen- customed to the success of the Bronx ernment operations by successfully ator BRYAN and I have been working Bombers, 1998 is truly a departure from prosecuting thousands of criminal for nearly a year to address concerns anything we’ve witnessed of late. The cases and suspending or disbarring within the motor carrier industry with October 6, 1998 CONGRESSIONAL RECORD — SENATE S11639 respect to the Fair Credit Reporting MIGRATORY BIRD HUNTING AND had been reported from the Committee Act. I would like to thank Senator CONSERVATION STAMPS on Environment and Public Works, BYRAN for his leadership on this impor- Ms. SNOWE. Mr. President, I ask with amendments; as follows: tant legislation. We have been working unanimous consent that the Senate (The parts of the bill intended to be to ensure all involved parties are in now proceed to the consideration of stricken are shown in boldface brack- agreement with the changes to the H.R. 4248 which is at the desk. ets and the parts of the bill intended to Fair Credit Reporting Act in this bill. The PRESIDING OFFICER. The be inserted are shown in italic.) The Consumer Credit Reporting Re- clerk will report. S. 2095 form Act of 1996, which passed as part The bill clerk read as follows: Be it enacted by the Senate and House of Rep- of the Omnibus Conciliation Appropria- A bill (H.R. 4248) to authorize the use of re- resentatives of the United States of America in tions Act of 1997, contained reforms to ceipts from the sale of the Migratory Bird Congress assembled, the Fair Credit Reporting Act which Hunting and Conservation Stamp to promote SECTION 1. SHORT TITLE. are in conflict with the reality of how additional stamp purposes. This Act may be cited as the ‘‘National the motor carrier industry hires safe, There being no objection, the Senate Fish and Wildlife Foundation Establishment responsible drivers. proceeded to consider the bill. Act Amendments of 1998’’. We have reached an agreement with Mr. CHAFEE. Mr. President, I am SEC. 2. PURPOSES. consumer groups, including U.S. PIRG, pleased to offer my support for the Mi- Section 2(b) of the National Fish and Wild- the chairman and ranking member of gratory Bird Hunting and Conservation life Foundation Establishment Act (16 U.S.C. the Banking Committee, the Federal 3701(b)) is amended by striking paragraph (1) Stamp Promotion Act of 1998, or the and inserting the following: Trade Commission, and the credit in- Duck Stamp Act as it is more com- ‘‘(1) to encourage, accept, and administer dustry which will not reduce consumer monly known. private gifts of property for the benefit of, or protections but will ensure a fair proc- In 1934 President Roosevelt signed in connection with, the activities and serv- ess for the regulated community. I into law the Migratory Bird Hunting ices of the Department of the Interior or the would like to thank everyone for their Stamp Act (Act). The Act required that Department of Commerce, particularly the help throughout this process on this all waterfowl hunters 16 years of age United States Fish and Wildlife Service and important legislation. and over must annually purchase and the National Oceanic and Atmospheric Ad- This legislation will more appro- carry a Federal Duck Stamp. The reve- ministration, to further the conservation priately address the manner in which nue generated from duck stamp sales is and management of fish, wildlife, and plant resources;’’. the trucking industry hires safe, re- earmarked for the Migratory Bird Con- SEC. 3. BOARD OF DIRECTORS OF THE FOUNDA- sponsible drivers. If an individual ap- servation Fund to buy or lease water- TION. plies for employment by mail, tele- fowl sanctuaries. As a result, many of (a) ESTABLISHMENT AND MEMBERSHIP.—Sec- phone, or electronic means, the em- the nation’s wildlife refuges have been tion 3 of the National Fish and Wildlife ployer can notify the potential em- purchased in whole or part with duck Foundation Establishment Act (16 U.S.C. ployee orally, in writing, or electroni- stamp funds. 3702) is amended by striking subsection (a) cally, that a consumer report may be Although the Duck Stamp program and inserting the following: obtained for employment purposes. The has been extremely successful, the Act ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.— applicant must then consent to the ‘‘(1) IN GENERAL.—The Foundation shall does not provide funds to market and have a governing Board of Directors (referred procurement of that report. advertise duck stamps. This legislation to in this Act as the ‘Board’), which shall This legislation will also allow an authorizes the Secretary of the Inte- consist of 25 Directors appointed in accord- employer within the trucking industry, rior to use up to $1 million a year in ance with subsection (b), each of whom shall if the potential employee has applied duck stamp receipts until 2003 for mar- be a United States citizen. for employment by mail, telephone, or keting purposes. To ensure that this ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF electronically, to take adverse action program is a success the marketing VIEW.—To the maximum extent practicable, based on the report and then notify the plan has to be approved by the Migra- the membership of the Board shall represent consumer within three business days diverse points of view relating to conserva- tory Bird Conservation Commission tion and management of fish, wildlife, and that adverse action has been taken. prior to implementation. In addition, this bill also includes a plants. Duck stamp sales could increase sub- ‘‘(3) NOT FEDERAL EMPLOYEES.—Appoint- provision that will allow criminal con- stantially if funds were available to ment as a Director of the Foundation shall victions to be reported past 7 years. market the stamp, and I urge my col- not constitute employment by, or the hold- This information is critical to employ- leagues in the Senate to support H.R. ing of an office of, the United States for the ers in the areas of child care, edu- 4248. purpose of any Federal law.’’. cation, and household services. Ms. SNOWE. Mr. President, I ask (b) APPOINTMENT AND TERMS.—Section 3 of And finally we have included tech- unanimous consent that the bill be the National Fish and Wildlife Foundation nical amendments to the Fair Credit considered read a third time and Establishment Act (16 U.S.C. 3702) is amend- Reporting Act that, again, the Federal ed by striking subsection (b) and inserting passed, the motion to reconsider be the following: Trade Commission and the regulated laid upon the table, and that any state- ‘‘(b) APPOINTMENT AND TERMS.— community are in agreement with. ments relating to the bill be printed in ‘‘(1) AGENCY HEADS.—The Director of the It is essential that this commonsense the RECORD. United States Fish and Wildlife Service and legislation pass the Senate this year The PRESIDING OFFICER. Without the Under Secretary of Commerce for Oceans and I encourage my colleagues to sup- objection, it is so ordered. and Atmosphere shall be Directors of the port this bill. I want to again thank ev- The bill (H.R. 4248) was considered Foundation. eryone for their support on this issue read the third time and passed. ‘‘(2) APPOINTMENTS BY THE SECRETARY OF THE INTERIOR.— and I thank my colleagues Senator f ‘‘(A) IN GENERAL.—Subject to subparagraph SARBANES, Senator BRYAN, Senator NATIONAL FISH AND WILDLIFE (B), after consulting with the Secretary of MACK, and others on the Banking Com- Commerce and considering the recommenda- mittee for their leadership on the Fair FOUNDATION ESTABLISHMENT ACT AMENDMENTS OF 1998 tions submitted by the Board, the Secretary Credit Reporting Act. of the Interior shall appoint 23 Directors who Ms. SNOWE. Mr. President, I ask Ms. SNOWE. Mr. President, I ask meet the criteria established by subsection unanimous consent that the bill be unanimous consent that the Senate (a), of whom— read a third time and passed, the mo- now proceed to the consideration of ‘‘(i) at least 6 shall be knowledgeable or ex- tion to reconsider be laid upon the Calendar No. 434, S. 2095. perienced in fish and wildlife conservation; table, and that any statements relating The PRESIDING OFFICER. The ‘‘(ii) at least 4 shall be educated or experi- enced in the principles of fish and wildlife to the bill be printed in the RECORD. clerk will report. The bill clerk read as follows: management; and The PRESIDING OFFICER. Without ‘‘(iii) at least 4 shall be knowledgeable or objection, it is so ordered. A bill (S. 2059) to reauthorize and amend experienced in ocean and coastal resource The bill (S. 2561) was considered read the National Fish and Wildlife Foundation conservation. Establishment Act. the third time and passed. ‘‘(B) TRANSITION PROVISION.— (The text of the bill will be printed in There being no objection, the Senate ‘‘(i) CONTINUATION OF TERMS.—The 15 Direc- a future edition of the RECORD.) proceeded to consider the bill which tors serving on the Board as of the date of S11640 CONGRESSIONAL RECORD — SENATE October 6, 1998

enactment of this paragraph shall continue ‘‘(5) to make use of any interest or invest- ‘‘(2) REQUIREMENT OF ADVANCE PAYMENT.— to serve until the expiration of their terms. ment income that accrues as a consequence The amount made available for a fiscal year ‘‘(ii) NEW DIRECTORS.—The Secretary of the of actions taken under paragraph (3) or (4) to under paragraph (1) shall be provided to the Interior shall appoint 8 new Directors; to the carry out the purposes of the Foundation; Foundation in an advance payment of the maximum extent practicable those appoint- ‘‘(6) to use Federal funds to make pay- entire amount on October 1, or as soon as ments shall be made not later than 45 cal- ments under cooperative agreements entered practicable thereafter, of the fiscal year. endar days after the date of enactment of into with willing private landowners to pro- ‘‘(b) ADDITIONAL AUTHORIZATION.—In addi- this paragraph. vide substantial long-term benefits for the tion to the amounts authorized to be appro- ‘‘(3) TERMS.— restoration or enhancement of fish, wildlife, priated under subsection (a), the Foundation ‘‘(A) IN GENERAL.—Subject to subparagraph and plant resources on private land;’’. may accept Federal funds from a Federal (B), each Director (other than a Director de- (c) AGENCY APPROVAL OF ACQUISITIONS OF agency under any other Federal law for use scribed in paragraph (1)) shall be appointed PROPERTY.—Section 4(e)(1) of the National by the Foundation to further the conserva- for a term of 6 years. Fish and Wildlife Foundation Establishment tion and management of fish, wildlife, and ‘‘(B) INITIAL APPOINTMENTS TO NEW MEMBER Act (16 U.S.C. 3703(e)(1)) is amended by strik- plant resources in accordance with the re- POSITIONS.—Of the Directors appointed by ing subparagraph (B) and inserting the fol- quirements of this Act. the Secretary of the Interior under para- lowing: ‘‘(c) USE OF FEDERAL FUNDS.— graph (2)(B)(ii), the Secretary shall appoint— ‘‘(B) the Foundation notifies the Federal ‘‘(1) IN GENERAL.—Subject to paragraphs (2) ‘‘(i) 2 Directors for a term of 2 years; agency that administers the program under and (3), Federal funds provided to the Foun- ‘‘(ii) 3 Directors for a term of 4 years; and which the funds were provided of the pro- dation under this section shall be used by ‘‘(iii) 3 Directors for a term of 6 years. posed acquisition, and the agency does not the Foundation for matching, in whole or in ‘‘(4) VACANCIES.— object in writing to the proposed acquisition part, contributions (whether in currency, ‘‘(A) IN GENERAL.—The Secretary of the In- within 45 calendar days after the date of the services, or property) made to the Founda- terior shall fill a vacancy on the Board; to notification.’’. tion by private persons and State and local the maximum extent practicable the va- (d) REPEAL.—Section 304 of Public Law 102– government agencies. cancy shall be filled not later than 45 cal- 440 (16 U.S.C. 3703 note) is repealed. ‘‘(2) PROHIBITION ON USE FOR ADMINISTRA- endar days after the occurrence of the va- (e) AGENCY APPROVAL OF CONVEYANCES AND TIVE EXPENSES.—No Federal funds provided cancy. GRANTS.—Section 4(e)(3)(B) of the National to the Foundation under this section shall be Fish and Wildlife Foundation Establishment ‘‘(B) TERM OF APPOINTMENTS TO FILL UNEX- used by the Foundation to pay for adminis- Act (16 U.S.C. 3703(e)(3)(B)) is amended by PIRED TERMS.—An individual appointed to fill trative expenses of the Foundation, includ- a vacancy that occurs before the expiration striking clause (ii) and inserting the follow- ing for salaries, travel and transportation of the term of a Director shall be appointed ing: expenses, and other overhead expenses. for the remainder of the term. ‘‘(ii) the Foundation notifies the Federal ‘‘(3) REQUIREMENT OF NON-FEDERAL agency that administers the Federal pro- ‘‘(5) REAPPOINTMENT.—An individual (other MATCH.—No Federal funds provided to the than an individual described in paragraph gram under which the funds were provided of Foundation under this section shall be used (1)) shall not serve more than 2 consecutive the proposed conveyance or provision of Fed- by the Foundation to carry out a cooperative terms as a Director, excluding any term of eral funds, and the agency does not object in agreement under section 4(c)(6) unless the less than 6 years.’’. writing to the proposed conveyance or provi- funds are matched on at least a 1-for-1 basis sion of Federal funds within 45 calendar days (c) PROCEDURAL MATTERS.—Section 3 of the by non-Federal contributions to the øFoun- National Fish and Wildlife Foundation Es- after the date of the notification.’’. dation.’’.¿ Foundation. (f) RECONVEYANCE OF REAL PROPERTY.— tablishment Act (16 U.S.C. 3702) is amended ‘‘(4) LIMITATION ON USE OF FUNDS.—No Fed- Section 4(e) of the National Fish and Wildlife by adding at the end the following: eral funds appropriated under the authority Foundation Establishment Act (16 U.S.C. ‘‘(h) PROCEDURAL MATTERS.—The Federal granted by this Act shall be used to support lob- 3703(e)) is amended by striking paragraph (5) Advisory Committee Act (5 U.S.C. App.) bying or litigation by any recipient of a Foun- and inserting the following: shall not apply to the Foundation.’’. dation grant.’’. ‘‘(5) RECONVEYANCE OF REAL PROPERTY.— AMENDMENT NO. 3749 (d) TECHNICAL AMENDMENTS.— The Foundation shall convey at not less (Purpose: To provide a complete substitute) (1) Section 4(c)(5) of the National Fish and than fair market value any real property ac- Wildlife Foundation Establishment Act (16 quired by the Foundation in whole or in part Ms. SNOWE. Mr. President, Senator U.S.C. 3703(c)(5)) is amended by striking ‘‘Di- with Federal funds if the Foundation notifies CHAFEE has a substitute amendment at rectors of the Board’’ and inserting ‘‘Direc- the Federal agency that administers the the desk, and I ask for its immediate tors of the Foundation’’. Federal program under which the funds were consideration. (2) Section 6 of the National Fish and Wild- provided, and the agency does not disagree The PRESIDING OFFICER. The life Foundation Establishment Act (16 U.S.C. within 45 calendar days after the date of the 3705) is amended by striking ‘‘Secretary’’ and clerk will report. notification, that— The bill clerk read as follows: inserting ‘‘Secretary of the Interior or the ‘‘(A) the property is no longer valuable for The Senator from Maine [Ms. SNOWE], for Secretary of Commerce’’. the purpose of conservation or management (3) Section 6 of the National Fish and Wild- Mr. CHAFEE, proposes an amendment num- of fish, wildlife, and plants; and bered 3749. life Foundation Establishment Act (16 U.S.C. ‘‘(B) the purposes of the Foundation would 3705) is amended by inserting ‘‘or the Depart- be better served by use of the proceeds of the (The text of the amendment is print- ment of Commerce’’ after ‘‘Department of conveyance for other authorized activities of ed in today’s RECORD under ‘‘Amend- the Interior’’. the Foundation.’’. ments Submitted.’’) SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUN- (g) EXPENDITURES FOR PRINTING SERVICES Mr. CHAFEE. Mr. President, I am DATION. OR CAPITAL EQUIPMENT.—Section 4 of the Na- pleased to offer my support today for (a) PRINCIPAL OFFICE OF THE FOUNDATION.— tional Fish and Wildlife Foundation Estab- S. 2095, legislation to reauthorize the Section 4(a)(3) of the National Fish and Wild- lishment Act (16 U.S.C. 3703) is amended by National Fish and Wildlife Foundation life Foundation Establishment Act (16 U.S.C. adding at the end the following: 3703(a)(3)) is amended by inserting after ‘‘the ‘‘(f) EXPENDITURES FOR PRINTING SERVICES Establishment Act of 1984. This legisla- District of Columbia’’ the following: ‘‘or in a OR CAPITAL EQUIPMENT.—The Foundation tion makes important changes in the county in the State of Maryland or Virginia shall not make any expenditure of Federal Foundation’s charter, changes that I that borders on the District of Columbia’’. funds in connection with any 1 transaction believe will allow the Foundation to (b) INVESTMENT AND DEPOSIT OF FEDERAL for printing services or capital equipment build on its fine record of providing FUNDS.—Section 4(c) of the National Fish that is greater than $10,000 unless the ex- funding for conservation of our na- and Wildlife Foundation Establishment Act penditure is approved by the Federal agency tion’s fish, wildlife and plant resources. (16 U.S.C. 3703(c)) is amended— that administers the Federal program under The National Fish and Wildlife Foun- (1) by redesignating paragraphs (3) through which the funds were provided.’’. dation was established in 1984, to bring (7) as paragraphs ø(8)¿ (7) through ø(12)¿ (11), SEC. 5. AUTHORIZATION OF APPROPRIATIONS. respectively; and Section 10 of the National Fish and Wild- together diverse groups to engage in (2) by inserting after paragraph (2) the fol- life Foundation Establishment Act (16 U.S.C. conservation projects across America lowing: 3709) is amended by striking subsections (a), and, in some cases, around the world. ‘‘(3) to invest any funds provided to the (b), and (c) and inserting the following: Since its inception, the Foundation has Foundation by the Federal Government in ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— made more than 2,300 grants totaling obligations of the United States or in obliga- ‘‘(1) IN GENERAL.—There are authorized to over $270 million. This is an impressive tions or securities that are guaranteed or in- be appropriated to carry out this Act for record of accomplishment. The Foun- sured by the United States; each of fiscal years 1999 through 2003— ‘‘(4) to deposit any funds provided to the ‘‘(A) $30,000,000 to the Department of the dation has pioneered some notable con- Foundation by the Federal Government into Interior; and servation programs, including imple- accounts that are insured by an agency or in- ‘‘(B) $5,000,000 to the Department of Com- menting the North American Water- strumentality of the United States; merce. fowl Management plan, Partners in October 6, 1998 CONGRESSIONAL RECORD — SENATE S11641 Flight for neotropical birds, Bring United States Fish and Wildlife Service and ‘‘(B) TERM OF APPOINTMENTS TO FILL UNEX- Back the Natives Program, the Exxon the National Oceanic and Atmospheric Ad- PIRED TERMS.—An individual appointed to fill Save the Tiger Fund, and the establish- ministration, to further the conservation a vacancy that occurs before the expiration ment of the Conservation Plan for and management of fish, wildlife, and plant of the term of a Director shall be appointed resources;’’. for the remainder of the term. Sterling Forest in New York and New SEC. 3. BOARD OF DIRECTORS OF THE FOUNDA- ‘‘(5) REAPPOINTMENT.—An individual (other Jersey, to name just a few. TION. than an individual described in paragraph Mr. President, the Foundation has (a) ESTABLISHMENT AND MEMBERSHIP.—Sec- (1)) shall not serve more than 2 consecutive funded these programs by raising pri- tion 3 of the National Fish and Wildlife terms as a Director, excluding any term of vate funds to match federal appropria- Foundation Establishment Act (16 U.S.C. less than 6 years.’’. tions on at least a 2 to 1 basis. During 3702) is amended by striking subsection (a) (c) PROCEDURAL MATTERS.—Section 3 of the and inserting the following: this time of fiscal constraint this is an National Fish and Wildlife Foundation Es- ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.— tablishment Act (16 U.S.C. 3702) is amended impressive record of leveraging federal ‘‘(1) IN GENERAL.—The Foundation shall by adding at the end the following: dollars. Moreover, all of the Founda- have a governing Board of Directors (referred ‘‘(h) PROCEDURAL MATTERS.—The Federal tion’s operating costs are raised pri- to in this Act as the ‘Board’), which shall Advisory Committee Act (5 U.S.C. App.) vately, which means that federal and consist of 25 Directors appointed in accord- shall not apply to the Foundation.’’. private dollars given for conservation ance with subsection (b), each of whom shall (d) TECHNICAL AMENDMENTS.— is spent only on conservation projects. be a United States citizen. (1) Section 4(c)(5) of the National Fish and ‘‘(2) REPRESENTATION OF DIVERSE POINTS OF Mr. President, this legislation is Wildlife Foundation Establishment Act (16 VIEW.—To the maximum extent practicable, U.S.C. 3703(c)(5)) is amended by striking ‘‘Di- quite simple. It makes three key the membership of the Board shall represent rectors of the Board’’ and inserting ‘‘Direc- changes to current law. First, the bill diverse points of view relating to conserva- tors of the Foundation’’. would expand the Foundation’s govern- tion and management of fish, wildlife, and (2) Section 6 of the National Fish and Wild- ing Board of Directors from 15 mem- plants. life Foundation Establishment Act (16 U.S.C. bers to 25 members. This will allow a ‘‘(3) NOT FEDERAL EMPLOYEES.—Appoint- 3705) is amended by striking ‘‘Secretary’’ and greater number of those with a strong ment as a Director of the Foundation shall inserting ‘‘Secretary of the Interior or the interest in conservation to actively not constitute employment by, or the hold- Secretary of Commerce’’. ing of an office of, the United States for the participate in, and contribute to, the (3) Section 6 of the National Fish and Wild- purpose of any Federal law.’’. life Foundation Establishment Act (16 U.S.C. Foundation’s activities. (b) APPOINTMENT AND TERMS.—Section 3 of 3705) is amended by inserting ‘‘or the Depart- The bill’s second key feature author- the National Fish and Wildlife Foundation ment of Commerce’’ after ‘‘Department of izes the Foundation to work with other Establishment Act (16 U.S.C. 3702) is amend- the Interior’’. agencies within the Department of the ed by striking subsection (b) and inserting SEC. 4. RIGHTS AND OBLIGATIONS OF THE FOUN- Interior and the Department of Com- the following: DATION. ‘‘(b) APPOINTMENT AND TERMS.— merce, in addition to the Fish and (a) PRINCIPAL OFFICE OF THE FOUNDATION.— ‘‘(1) AGENCY HEADS.—The Director of the Section 4(a)(3) of the National Fish and Wild- Wildlife Service and the National Oce- United States Fish and Wildlife Service and anic and Atmospheric Administration. life Foundation Establishment Act (16 U.S.C. the Under Secretary of Commerce for Oceans 3703(a)(3)) is amended by inserting after ‘‘the Mr. President, it is my view that the and Atmosphere shall be Directors of the District of Columbia’’ the following: ‘‘or in a Foundation should continue to provide Foundation. county in the State of Maryland or Virginia valuable assistance to government ‘‘(2) APPOINTMENTS BY THE SECRETARY OF that borders on the District of Columbia’’. agencies within the Departments of the THE INTERIOR.— (b) INVESTMENT AND DEPOSIT OF FEDERAL Interior and Commerce that may be ‘‘(A) IN GENERAL.—Subject to subparagraph FUNDS.—Section 4(c) of the National Fish (B), after consulting with the Secretary of and Wildlife Foundation Establishment Act faced with conservation issues. Finally, Commerce and considering the recommenda- it would reauthorize appropriations to (16 U.S.C. 3703(c)) is amended— tions submitted by the Board, the Secretary (1) by redesignating paragraphs (3) through the Department of the Interior and the of the Interior shall appoint 23 Directors who (7) as paragraphs (7) through (11), respec- Department of Commerce through 2003. meet the criteria established by subsection tively; and Mr. President, I believe that this leg- (a), of whom— (2) by inserting after paragraph (2) the fol- islation will produce real conservation ‘‘(i) at least 6 shall be knowledgeable or ex- lowing: benefits, and I strongly urge my col- perienced in fish and wildlife conservation; ‘‘(3) to invest any funds provided to the leagues to give the bill their support. ‘‘(ii) at least 4 shall be educated or experi- Foundation by the Federal Government in enced in the principles of fish and wildlife obligations of the United States or in obliga- Ms. SNOWE. Mr. President, I ask management; and unanimous consent that the substitute tions or securities that are guaranteed or in- ‘‘(iii) at least 4 shall be knowledgeable or sured by the United States; be agreed to, the bill be considered experienced in ocean and coastal resource ‘‘(4) to deposit any funds provided to the read a third time and passed, the mo- conservation. Foundation by the Federal Government into tion to reconsider be laid upon the ‘‘(B) TRANSITION PROVISION.— accounts that are insured by an agency or in- table, and that any statements relating ‘‘(i) CONTINUATION OF TERMS.—The 15 Direc- strumentality of the United States; to the bill be printed in the RECORD. tors serving on the Board as of the date of ‘‘(5) to make use of any interest or invest- The PRESIDING OFFICER. Without enactment of this paragraph shall continue ment income that accrues as a consequence to serve until the expiration of their terms. objection, it is so ordered. of actions taken under paragraph (3) or (4) to ‘‘(ii) NEW DIRECTORS.—The Secretary of the carry out the purposes of the Foundation; The amendment (No. 3749) was agreed Interior shall appoint 8 new Directors; to the to. ‘‘(6) to use Federal funds to make pay- maximum extent practicable those appoint- ments under cooperative agreements entered The bill (S. 2095), as amended, was ments shall be made not later than 45 cal- into with willing private landowners to pro- considered read a third time and endar days after the date of enactment of vide substantial long-term benefits for the passed, as follows. this paragraph. restoration or enhancement of fish, wildlife, S. 2095 ‘‘(3) TERMS.— and plant resources on private land;’’. ‘‘(A) IN GENERAL.—Subject to subparagraph Be it enacted by the Senate and House of Rep- (c) AGENCY APPROVAL OF ACQUISITIONS OF (B), each Director (other than a Director de- PROPERTY.—Section 4(e)(1) of the National resentatives of the United States of America in scribed in paragraph (1)) shall be appointed Congress assembled, Fish and Wildlife Foundation Establishment for a term of 6 years. Act (16 U.S.C. 3703(e)(1)) is amended by strik- SECTION 1. SHORT TITLE. ‘‘(B) INITIAL APPOINTMENTS TO NEW MEMBER ing subparagraph (B) and inserting the fol- This Act may be cited as the ‘‘National POSITIONS.—Of the Directors appointed by lowing: Fish and Wildlife Foundation Establishment the Secretary of the Interior under para- ‘‘(B) the Foundation notifies the Federal Act Amendments of 1998’’. graph (2)(B)(ii), the Secretary shall appoint— agency that administers the program under SEC. 2. PURPOSES. ‘‘(i) 2 Directors for a term of 2 years; which the funds were provided of the pro- Section 2(b) of the National Fish and Wild- ‘‘(ii) 3 Directors for a term of 4 years; and posed acquisition, and the agency does not life Foundation Establishment Act (16 U.S.C. ‘‘(iii) 3 Directors for a term of 6 years. object in writing to the proposed acquisition 3701(b)) is amended by striking paragraph (1) ‘‘(4) VACANCIES.— within 45 calendar days after the date of the and inserting the following: ‘‘(A) IN GENERAL.—The Secretary of the In- notification.’’. ‘‘(1) to encourage, accept, and administer terior shall fill a vacancy on the Board; to (d) REPEAL.—Section 304 of Public Law 102– private gifts of property for the benefit of, or the maximum extent practicable the va- 440 (16 U.S.C. 3703 note) is repealed. in connection with, the activities and serv- cancy shall be filled not later than 45 cal- (e) AGENCY APPROVAL OF CONVEYANCES AND ices of the Department of the Interior or the endar days after the occurrence of the va- GRANTS.—Section 4(e)(3)(B) of the National Department of Commerce, particularly the cancy. Fish and Wildlife Foundation Establishment S11642 CONGRESSIONAL RECORD — SENATE October 6, 1998 Act (16 U.S.C. 3703(e)(3)(B)) is amended by ‘‘(4) PROHIBITION ON USE FOR ADMINISTRA- Ms. SNOWE. Mr. President, I further striking clause (ii) and inserting the follow- TIVE EXPENSES.—No Federal funds made ask consent that there be a period for ing: available under paragraph (1) shall be used the transaction of morning business ‘‘(ii) the Foundation notifies the Federal by the Foundation for administrative ex- until 10 a.m., with Senators permitted agency that administers the Federal pro- penses of the Foundation, including for sala- gram under which the funds were provided of ries, travel and transportation expenses, and to speak for up to 5 minutes each. the proposed conveyance or provision of Fed- other overhead expenses. The PRESIDING OFFICER. Without eral funds, and the agency does not object in ‘‘(b) ADDITIONAL AUTHORIZATION.— objection, it is so ordered. writing to the proposed conveyance or provi- ‘‘(1) IN GENERAL.—In addition to the sion of Federal funds within 45 calendar days amounts authorized to be appropriated under f after the date of the notification.’’. subsection (a), the Foundation may accept (f) RECONVEYANCE OF REAL PROPERTY.— Federal funds from a Federal agency under PROGRAM Section 4(e) of the National Fish and Wildlife any other Federal law for use by the Founda- Ms. SNOWE. Mr. President, for the Foundation Establishment Act (16 U.S.C. tion to further the conservation and manage- 3703(e)) is amended by striking paragraph (5) ment of fish, wildlife, and plant resources in information of all Senators, on and inserting the following: accordance with the requirements of this Wednesday there will be a period of ‘‘(5) RECONVEYANCE OF REAL PROPERTY.— Act. morning business until 10 a.m. Follow- The Foundation shall convey at not less ‘‘(2) USE OF FUNDS ACCEPTED FROM FEDERAL ing morning business, under a previous than fair market value any real property ac- AGENCIES.—Federal funds provided to the order the Senate will proceed to two quired by the Foundation in whole or in part Foundation under paragraph (1) shall be used stacked rollcall votes. The first vote with Federal funds if the Foundation notifies by the Foundation for matching, in whole or will be on the adoption of the motion the Federal agency that administers the in part, contributions (whether in currency, to proceed to H.R. 10, the financial Federal program under which the funds were services, or property) made to the Founda- provided, and the agency does not disagree tion by private persons and State and local services reform bill. The second vote within 45 calendar days after the date of the government agencies. will be on the motion to invoke cloture notification, that— ‘‘(c) PROHIBITION ON USE OF GRANT on S. 442, the Internet tax bill. Assum- ‘‘(A) the property is no longer valuable for AMOUNTS FOR LITIGATION AND LOBBYING EX- ing cloture is invoked, the Senate will the purpose of conservation or management PENSES.—Amounts provided as a grant by the remain on the Internet tax bill with of fish, wildlife, and plants; and Foundation shall not be used for— amendments being offered and debated ‘‘(B) the purposes of the Foundation would ‘‘(1) any expense related to litigation; or throughout Wednesday’s session. be better served by use of the proceeds of the ‘‘(2) any activity the purpose of which is to In addition to the Internet tax bill, conveyance for other authorized activities of influence legislation pending before Con- the Foundation.’’. gress.’’. the Senate may also consider any (g) TERMINATION OF CONDEMNATION LIMITA- available appropriations conference re- SEC. 6. LIMITATION ON AUTHORITY. TION.—Section 4 of the National Fish and The National Fish and Wildlife Foundation ports, executive nominations, or any Wildlife Foundation Establishment Act (16 Establishment Act (16 U.S.C. 3701 et seq.) is other legislative items cleared for ac- U.S.C. 3703) is amended by striking sub- tion. The leader would like to remind section (d). amended by adding at the end the following: (h) EXPENDITURES FOR PRINTING SERVICES ‘‘SEC. 11. LIMITATION ON AUTHORITY. all Members that there are only a few OR CAPITAL EQUIPMENT.—Section 4 of the Na- ‘‘Nothing in this Act authorizes the Foun- days left in which to consider remain- tional Fish and Wildlife Foundation Estab- dation to perform any function the authority ing appropriations bills and other im- lishment Act (16 U.S.C. 3703) (as amended by for which is provided to the National Park portant legislation. Members are en- subsection (g)) is amended by inserting after Foundation by Public Law 90–209 (16 U.S.C. couraged to plan their schedules ac- subsection (c) the following: 19e et seq.).’’. cordingly to accommodate a busy week ‘‘(d) EXPENDITURES FOR PRINTING SERVICES f OR CAPITAL EQUIPMENT.—The Foundation with votes occurring early in the morn- shall not make any expenditure of Federal UNANIMOUS CONSENT ing and extending late into the funds in connection with any 1 transaction AGREEMENT—H.R. 4194 evening. for printing services or capital equipment that is greater than $10,000 unless the ex- Ms. SNOWE. Mr. President, I ask f penditure is approved by the Federal agency unanimous consent that the majority that administers the Federal program under leader, after consultation with the RECESS UNTIL 9:30 A.M. which the funds were provided.’’. Democratic leader, may proceed to the TOMORROW SEC. 5. AUTHORIZATION OF APPROPRIATIONS. consideration of the conference report Ms. SNOWE. If there is no further Section 10 of the National Fish and Wild- to accompany H.R. 4194, the VA/HUD business to come before the Senate, I life Foundation Establishment Act (16 U.S.C. appropriations bill, and, further, that 3709) is amended by striking subsections (a), ask the Senate stand in recess under the conference report be considered as (b), and (c) and inserting the following: the previous order. read. I further ask consent that there ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— There being no objection, the Senate, N GENERAL be 40 minutes for debate on the con- ‘‘(1) I .—There are authorized to at 7:14 p.m., recessed until Wednesday, be appropriated to carry out this Act for ference report equally divided and, at October 7, 1998, at 9:30 a.m. each of fiscal years 1999 through 2003— the conclusion or yielding back of ‘‘(A) $25,000,000 to the Department of the time, the Senate proceed to vote on f Interior; and adoption of the report. ‘‘(B) $5,000,000 to the Department of Com- merce. The PRESIDING OFFICER. Without NOMINATIONS ‘‘(2) REQUIREMENT OF ADVANCE PAYMENT.— objection, it is so ordered. Executive nominations received by The amount made available for a fiscal year f the Senate October 6, 1998: under paragraph (1) shall be provided to the INTER-AMERICAN FOUNDATION Foundation in an advance payment of the ORDERS FOR WEDNESDAY, entire amount on October 1, or as soon as OCTOBER 7, 1998 KAY KELLEY ARNOLD, OF ARKANSAS, TO BE A MEM- BER OF THE BOARD OF DIRECTORS OF THE INTER-AMER- practicable thereafter, of the fiscal year. Ms. SNOWE. Mr. President, I ask ICAN FOUNDATION FOR A TERM EXPIRING OCTOBER 6, ‘‘(3) USE OF APPROPRIATED FUNDS.—Subject unanimous consent that when the Sen- 2004, VICE NEIL H. OFFEN, TERM EXPIRED. to paragraph (4), amounts made available ate completes its business today it DEPARTMENT OF JUSTICE under paragraph (1) shall be provided to the stand in recess until 9:30 a.m. on DONNIE R. MARSHALL, OF TEXAS, TO BE DEPUTY AD- Foundation for use for matching, on a 1-to- Wednesday, October 7. I further ask the MINISTRATOR OF DRUG ENFORCEMENT, VICE STEPHEN 1 basis, contributions (whether in currency, H. GREENE. services, or property) made to the Founda- time for the two leaders be reserved. JOSE ANTONIO PEREZ, OF CALIFORNIA, TO BE UNITED The PRESIDING OFFICER. Without STATES MARSHAL FOR THE SOUTHERN DISTRICT OF tion by private persons and State and local CALIFORNIA FOR THE TERM OF FOUR YEARS VICE STE- government agencies. objection, it is so ordered. PHEN SIMPSON GREGG. October 6, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1913 EXTENSIONS OF REMARKS

IMF MUST LEARN FROM ITS PAST with exporters then paid in a mixture of for- porate governance, tax systems and other MISTAKES eign exchange and domestic currency. Any matters not germane to the short-run finan- country that contemplates such cial crisis. Moreover, the funds would be collateralized borrowing at some future time given out only gradually, as the countries HON. NEWT GINGRICH must embody such an arrangement in both made IMF-prescribed changes. Since this OF GEORGIA domestic legislation and international agree- policy meant the IMF would not provide the IN THE HOUSE OF REPRESENTATIVES ments well in advance. funds needed to repulse speculators, it A foreign-exchange facility of this sort caused excessive declines of currency values Tuesday, October 6, 1998 need not create moral-hazard problems for and required extremely high interest rates to Mr. GINGRICH. Mr. Speaker, the attached either the international lenders or the prevent further declines. emerging-market countries. Banks and bond IMF Managing Director Michel Camdessus op-ed by Martin Feldstein from The Wall has said that if the IMF had only wanted to Street Journal illustrates why the IMF must holders would still bear the risk that the companies to which they lend are incapable deal with the countries’ liquidity and debt learn from its past mistakes. Feldstein sug- of repaying their loans. They would also not problems, it would by now have succeeded. gests that the IMF can redefine itself as a val- be protected against countries that become He then repeated his earlier statement that uable institution by narrowly defining the prob- internationally insolvent and cannot earn the Asian crisis was really a ‘‘blessing in dis- lem, rebuilding market confidence, and main- the foreign exchange to meet their inter- guise’’ because it gave the IMF the leverage taining growth while reducing the current-ac- national obligations. And high interest rates to force structural policy changes that the national governments would not otherwise would discourage the emerging-market coun- count deficit. I submit the op-ed to the CON- adopt. GRESSIONAL RECORD. tries themselves from any temptation to act This is a remarkable confession of the ar- imprudently. [From The Wall Street Journal, Oct. 6, 1998] rogance and inappropriateness of the IMF The availability of a credit facility could policies. Even apart from whether the IMF FOCUS ON CRISIS MANAGEMENT ... by itself repulse a purely speculative attack has any legitimate right to usurp these sov- (By Martin Feldstein) on a healthy currency. When the attack is on ereign responsibilities, the attempt to re- International officials and bankers assem- the currency of an economy with an over- make an economy in the midst of a currency bled in Washington for the annual meeting of valued exchange rate that causes an crisis made it likely that there would be nei- the International Monetary Fund and the unsustainable current account deficit, the ther fundamental restructuring nor a rapid World Bank are considering the failures of availability of credit must be combined with resolution of the currency crisis itself. By the past year and what the IMF should do a shift to an appropriate exchange rate and putting every aspect of these economies into differently in the future. a deflation of domestic demand to make flux, the IMF made it more difficult to make The fund made three key mistakes: under- room for increased net exports. the changes needed to regain access to inter- When crises do occur, the IMF should help mining the confidence of global leaders, at- national capital. Creating massive bank- by bringing together the creditors and debt- tempting unnecessary and radical changes in ruptcies and widespread political unrest is ors to work out orderly reschedulings of the basic economic structures of the debtor not conducive to attracting a return of for- international obligations. The lengthening countries, and imposing excessively eign investors. of debt maturities gives debtor countries the contractionary monetary and fiscal polices. MASSIVE RECESSIONS time to earn the foreign exchange needed to But the IMF should aim to do more than just meet their obligations. In the case of South While most of the target countries did need avoid these mistakes. It can play a positive Korea, the Fed took the lead and brought to contract domestic demand in order to re- role in future crises by coordinating the re- along the other major central banks. But duce imports and provide scope for more ex- scheduling of international obligations be- since the problem is inherently international ports, the IMF’s policies of high interest tween creditors and debtors. rates and big tax increases were too and the adjustment process must be mon- The IMF can also help prevent future cri- contractionary in most countries. This IMF itored, this should be the primary respon- ses by creating a collateralized credit facil- implicitly acknowledged this when it relaxed ity that lends foreign exchange to govern- sibility of the IMF. The fund must also abandon the mistaken those policies—but this easing came too late ments that are illiquid but internationally strategy that contributed to the past year’s to prevent massive recessions. solvent—that is, capable of repaying foreign The IMF should commit itself publicly to failures. Asia’s ‘‘crisis countries’’ bear re- debts through future export surpluses. Presi- avoiding a repetition of its recent mistakes. sponsibility for causing their own problems dent Clinton’s proposal to create an IMF Future IMF programs for crisis countries through unsustainable current-account defi- credit facility, though vague, may be useful should define the problem narrowly in terms cits and short-term foreign debts that ex- in refocusing the fund’s activities. of the country’s current-account deficit, the A rapid-payout credit facility can reduce ceeded their foreign-exchange reserves. But structure of its balance sheet and the sound- the risk of speculative attacks and induce these problems could have been solved less ness of its banks. The guiding concepts countries to maintain open capital markets painfully. These economies are fundamen- should be rebuilding market confidence, fo- and free trade. Leaders of emerging-market tally sound, with remarkable long-term cusing on the specific liquidity problems and economies see their national capital markets growth of both gross domestic product and maintaining as much growth as possible as small relative to the internationally mo- exports. With modest adjustments, they while reducing the current-account deficit. bile capital that can be arrayed against could easily have earned extra foreign ex- The world will be watching closely to see if them. They fear that even if they pursue change to repay foreign debts. The problem the IMF can redefine itself as a valuable in- sound long-run policies, they could suffer was temporary illiquidity, not insolvency. stitution. When these countries came to the IMF for from sudden global shifts of sentiment. Un- assistance, it should have seen its task as f less the global financial system changes to providing liquidity, supervision and nego- reduce their vulnerability, emerging-market tiating assistance. Instead, it publicly criti- INDIA SHOULD BE DECLARED A countries may respond by imposing a variety cized them as incompetent, corrupt coun- TERRORIST STATE of counterproductive capital controls, lead- tries with fundamentally unsound econo- ing to restrictions on foreign investment and mies. In doing so, it not only discouraged trade. HON. EDOLPHUS TOWNS any further lending or investment in these OF NEW YORK LEGISLATED DIVERSION countries but also undermined the con- IN THE HOUSE OF REPRESENTATIVES An international credit facility can work fidence of global lenders in emerging-market only if it provides credit rapidly, at an countries generally, thereby contributing to Tuesday, October 6, 1998 above-market interest rate that discourages the contagion the IMF wanted to prevent. Mr. TOWNS. Mr. Speaker, the August 14 unnecessary use and in exchange for good Although the IMF organized massive po- issue of News India-Times carried a very inter- collateral. A country can provide such col- tential loan funds for each of the Asian crisis esting story. Kuldip Nayar, a veteran journalist lateral by pledging a share of the foreign ex- countries, it did not use those funds to pre- change earned by its exporters. A country vent currency runs. On the contrary, it an- and former Indian Ambassador to the United that borrows from this facility would auto- nounced that these funds would be provided Kingdom who is now a member of the upper matically trigger a legislated diversion of all only if the country accepted the IMF’s ad- house of India's Parliament, admitted that export receipts to a foreign central bank like vice about the radical restructuring of the India is a terrorist state. How long will it take the Federal Reserve or the Bank of England, entire domestic economy—labor rules, cor- for America to admit it?

∑ 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. E1914 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 Mr. Nayar was quoted as saying that Paki- against the Indian nuclear tests. Does this Finally, Mr. Speaker, I wish to thank Alan for stan's attack on the village of Doda was an lobby stand for India’s unity or does it wish his years of friendship and wise counsel, and act of retaliation for Indian massacres in the for its dismemberment? to wish him the best in his new position as a Nayar and his fellow co-conspirators will Pakistani state of Sindh. Nayar has been a do well to note that Kashmir is not about re- trustee of the Yuba Community College Dis- vocal opponent of the Indian government's nu- ligion. It is about freedom of religion. We trict. Alan has been a real asset to the people clear tests, according to the story. Now he is urge the government of India and the Indian of my congressional district. Alan exemplifies admitting that India has undertaken activities National Human Rights Commission to treat a model public servant. I congratulate and designed to destabilize Pakistan. This is part the Kashmiri Pandits as ‘‘internally dis- wish him well on his next adventure. of India's drive for total hegemony in South placed people’’ and stress the importance of f Asia. providing conditions for their safe return to Unfortunately, Mr. Nayar's remarks ignore the valley. HONORING THE MELHA SHRINERS In light of such terrible tragedy of fellow OF GREATER SPRINGFIELD, another aspect of Indian state terrorism: the Indians in Kashmir, Nayar should be expelled tyranny it has inflicted on the Sikhs, the Chris- MASSACHUSETTS ON THE CELE- from the Rajya Sabha. We also urge the pa- BRATION OF THEIR 100TH ANNI- tians of Nagaland, the Muslims of Kashmir triotic parliamentarians to take immediate and others. According to very credible num- action against Nayar for his treacherous and VERSARY bers published by human-rights groups and anti-national actions in the Rajya Sabha,’’ the Punjab judiciary, the government of India the organization stated. HON. RICHARD E. NEAL has murdered more than 250,000 Sikhs since f OF MASSACHUSETTS 1984, in excess of 200,000 Christians in IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ALAN B. FLORY Nagaland since 1947, almost 60,000 Kashmiri Tuesday, October 6, 1998 Muslims since 1988, and tens of thousands of Assamese, Tamils, Manipuris, Dalits, and oth- HON. VIC FAZIO Mr. NEAL of Massachusetts. Mr. Speaker, I ers. OF CALIFORNIA rise to recognize and honor the Melha The State Department reported that be- IN THE HOUSE OF REPRESENTATIVES Shriners of the Springfield area on the cele- bration of their 100th anniversary. tween 1992 and 1994 the Indian government Tuesday, October 6, 1998 paid over 41,000 cash bounties to police offi- The Melha Shrine is a fraternal organization cers for murdering Sikhs. Two Canadian jour- Mr. FAZIO of California. Mr. Speaker, I rise composed of two dozen units and clubsÐ nalists published a book called Soft Target in today to recognize and commend Alan B. ranging from its Shriner Clowns, Directors, a which they proved that the Indian government Flory upon his retirement as Yolo County As- Military Band and Hadji (the familiar ``little blew up its own airliner in 1985 just to blame sessor. Mr. Flory has served the people of cars'') to the Vintage Autos and an Oriental the Sikhs. Yolo County in this position for twelve years Band. In this light, the United States must declare and will complete his service in January 1999. Melha began when Charles H. Miller and India a terrorist state. We must then impose Alan received a B.A. in Business Adminis- other Shriners, who were Springfield residents all the sanctions that we impose on any other tration from California State University, Sac- but belonged to Boston's Aleppo Temple, de- terrorist state. This will be a good step to- ramento. In addition, he has continuously cided to form their own Temple in Springfield wards ending the terrorism and restoring free- sought to supplement his education and refine in 1897; they received their charter in 1898. dom to all the people of South Asia. his skills by taking many management and They went through many meeting places until I submit the News India-Times article for the real estate courses through the American In- finding Hibernian hall where they met for the RECORD. stitute of Real Estate Appraisers, the Univer- next 38 years. sity of California, and the California State In the 1920's, Melha acquired 7.5 acres of [From the News India-Times, Aug. 14, 1998] Board of Equalization throughout his long ca- property in Springfield as the potential site for KULDIP NAYAR FLAYED FOR ‘ANTI-INDIA’ reer. one of the Shriners Hospitals. The hospital's REMARKS Alan began his public service career as an committee was met with such pride and enthu- NEW DELHI.—The recent statement alleg- edly made by Kuldip Nayar, veteran journal- appraiser with the Sacramento County Asses- siasm from the Melha Shriners, it is said to ist and nominated member of the Rajya sor's office. He next served as a property tax have melted to hearts of the committee and Sabha on the Doda massacre has created a advisor with the Marshall and Stevens Ap- the Springfield site was selected. Melha and furor in the country. praisal Company. During his tenure, he di- the hospital have been intertwined ever since. Nayar is now looked upon as a ‘‘treach- rected and developed property tax programs The Shrine currently operates 19 orthopedic, erous, anti-national element’’ for suggesting in Montana, New York, Canada, Colombia, burns and spinal-cord injury hospitals for chil- that the massacre at Doda is only a retalia- and throughout South America. While in Can- dren free of charge, and conducts important tion by Pakistan for similar actions by In- ada, he authored a rural appraisal manual for research as well. dian agents in Sindh. The comment which has been so strong has the Province of Ontario. During the post World War II economic even taken up editorial columns of the coun- Mr. Flory settled into his position with the boom, the financial and economic outlook for try’s leading newspapers and magazines. California State Board of Equalization as a the Melha Shriners was very optimistic. In One such editorial piece has even called it property tax appraiser for nineteen years. He 1955, the Melha decided that an indoor circus a blasphemous statement and that patriot- directed state units that audited County Asses- would be a worthwhile endeavor. That was the ism has been turned into a dirty word by a sor Offices to determine the adequacy of their beginning of the annual Melha Shrine Circus, ‘‘coterie of influential so-called intellec- practices and procedures. These units were which has become a springtime tradition in tual.’’ It added that such a statement would not charged with the development of rules, regula- Western Massachusetts. Parents bring their have been made even by a spokesperson of tions and procedural handbooks governing as- children to the circus they fondly remember Pakistan’s notorious Inter-Services intel- sessment practices and unity that provided seeing as youngsters themselves. ligence as that would have indicated its in- guidance and training to county assessors and In the late 1950's, because of expanding volvement in the Doda massacres. their staffs. membership the Melha Shriners moved their Meanwhile, American Friends of India con- During his years as Yolo County Assessor, Temple to a new location, where they have demning Kuldip Nayar have circulated a re- he has held numerous positions elected by his thrived ever since. The Temple was not the lease questioning Nayar’s credibility as a peers including: president, California Asses- representative of the nation. ‘‘This prepos- only thing that need updating and in the terous action by Kuldip Nayar brings several sors Association; president, Bay Area Asses- 1980's it was decided that the existing Spring- issues into question. Can he be trusted to be sors Association; chair, Executive Committee field Shriners Hospital needed to be replaced. our representative in the Upper House of the California Assessors Association; chair, Legis- Because of the large amount of land owned Indian Parliament? Isn’t his allegiance un- lative Committee California Assessors Asso- by the Shriners the new hospital was built be- doubtedly toward Pakistan? How can he sup- ciation. Alan, as a member of the Assessors hind the old hospital. This allowed children to port this inhuman brutality against his own Association Committee, put his finesse with receive medical care without interruption. countrymen? Is his representation of the In- numbers and his negotiating experience to The new state-of-the-art facility includes out- dian people justified? It may be noted here that Nayar represents practice and assisted in settling a property tax patient and inpatient services along with two a lobby of so-called intellectuals that blames dispute between public utility companies and operating theaters, an occupational therapy the Indian government for Pakistan-spon- counties. His leadership helped broker a set- department and a gait lab. In 1996 an new sored massacres in Kashmir, and vehemently tlement that would have cost the State of Cali- cleft lip and palate clinic was added. Just this supports the US Government protests fornia a revenue loss of $1.7 billion. year the hospital has received approval for a CONGRESSIONAL RECORD — Extensions of Remarks E1915 telemedicine pilot program to be established His many honors include being named ``Tar- port free and fair votes and peaceful talks to between the Springfield Shriners Hospital and heel of the Week'' by the Raleigh News and bring freedom to South Asia by democratic the island of Cyprus and a residency program Observer in 1969, and being profiled in the means. Only when all the nations and peoples in orthotics and prosthetics started in June. Al- ``Who's Who in American Colleges and of South Asia live in freedom will peace and though it is hard to imagine, the hospital is Schools'' for 1948. The great state of North stability come to that region. under consideration for expansion and renova- Carolina has inducted him into its Sports Hall I salute the Council of Khalistan for its work tion because of the consistently increasing of Fame. Then there are the unmentioned trib- in this noble cause. I thank Dr. Aulakh for re- level of activity at the hospital. utes that come from the thousands of lives he minding us of our obligation to ensure the sur- This year, to celebrate the 100th anniver- has touched and the countless young men vival and the success of liberty. I call on my sary, the Melha Shriners hosted the Northeast that consider him a mentor, myself included. I colleagues to listen to the information he Shrine Association Field Days. Approximately am honored to have played under Coach brings us and to extend him and his people 3,500 Shriners and their families took part in McCall at Campbell University. His esteemed our full support. the convention which culminated with a mam- colleague, John Wooden once remarked that f moth parade through Springfield. I want to ac- Fred McCall was, ``As fine a man as I have knowledge the members of the Melha Shrine ever met.'' I wholeheartedly agree. TRIBUTE TO DEPUTY SECRETARY on their 100th anniversary. f OF AGRICULTURE RICHARD f ROMINGER COUNCIL OF KHALISTAN OB- HONORING FRED MCCALL SERVES ELEVENTH ANNIVER- HON. VIC FAZIO SARY OF CALIFORNIA HON. BOB ETHERIDGE IN THE HOUSE OF REPRESENTATIVES OF NORTH CAROLINA HON. EDOLPHUS TOWNS Tuesday, October 6, 1998 IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Mr. FAZIO of California. Mr. Speaker, I rise Tuesday, October 6, 1998 today to pay tribute to a true friend, a dedi- Mr. ETHERIDGE. Mr. Speaker, I rise today Tuesday, October 6, 1998 cated public servant, and one of our nation's to honor a distinguished North Carolinian, Mr. TOWNS. Mr. Speaker, October 7 is the leading agricultural policy-makers, Deputy former Campbell University coaching great, eleventh anniversary of the Sikh Nation's dec- Secretary of Agriculture Richard Rominger. Fred McCall. He is an important figure on that laration of an independent Khalistan and the Rich is also one of my constituents and a legendary Tobacco Road where basketball is founding of the Council of Khalistan to lead long-time Yolo County farmer. As I prepare to considered more a spiritual event than just an- the independence movement. I congratulate leave office at the end of this Congress, I am other team sport. Coach McCall led the Fight- the Council and its President, Dr. Gurmit confident that the interests of the American ing Camels to five state junior college cham- Singh Aulakh, on this important occasion. farmer will be well protected with Rich pionships in eight years, and through their first The Sikhs have a history of self-rule. They Rominger in Washington, D.C. eight years at senior level competition. After ruled Punjab from 1765 to 1849 and were rec- Rich has had a long and distinguished ca- leaving the head coaching position in 1969, ognized by most of the world's major coun- reer in the field of agriculture, beginning with Coach McCall remained at Campbell Univer- tries. They were promised an independent the family farm. The Romingers have been sity as Vice-President for Institutional Ad- state at the time of India's independence but farming in the Winters, California area for vancement for a decade, after which he were given false promises to keep them within nearly 140 years. He is a true California farm- served as Vice-President for Administration India's artificial borders. Not one single Sikh er who, along with his brother, sons, and until his retirement in 1986. representative ever signed the Indian constitu- nephews, has raised alfalfa, beans, corn, to- During his tenure at the University, Coach tion to this day, 51 years later. Now the Sikhs matoes, rice, safflower, sunflowers, wheat, McCall started the internationally respected seek to reclaim their national status. Dr. and numerous other crops for consumption Campbell Basketball School. That school is Aulakh and his organization have been tireless and export. Rich took this expertise to Sac- now the nation's oldest and largest continually and effective leaders in that struggle. ramento in 1977 where he headed the Depart- running basketball camp, with over a thousand In our own Declaration of Independence, ment of Food and Agriculture under Governor young men enrolled and a coaching staff of Thomas Jefferson wrote that when govern- Brown. During that period, he also served as over 100, including the legendary UCLA ments become destructive of their obligation to the president of the Western Association of coach, John Wooden. protect liberty, `it is the right of the people to State Departments of Agriculture and the Coach McCall is not only a coach, teacher, alter or to abolish it.'' The Indian government Western U.S. Agricultural Trade Association. administrator, and mentor, he is also an inven- has murdered over 250,000 Sikhs since 1984, He was also on the board of directors for the tor. He saw a need for a more accurate way about 60,000 Muslims in Kashmir since 1988, National Association of State Departments of to evaluate a player's rebounding ability, so he more than 200,000 Christians in Nagaland, Agriculture. took the initiative to invent a machine that and tens of thousands of other minorities, in- Throughout his career, Rich has received measures reach, stretch, and jumping ability of cluding DalitsÐthe aboriginal people of South various awards from groups too numerous to the players, while developing strength and AsiaÐAssamese, Tamils, and Manipuris, to mention here. Suffice it to say, they have all control in their fingers, hands, arms, legs, and name just a few. The Indian Supreme Court been extremely well-deserved. I am proud of torso. The McCall Rebounder can be consid- described the situation in Punjab as ``worse my long and productive relationship with Rich. ered nothing less than revolutionary to the than a genocide.'' We have both toiled on behalf of ag issues teaching of rebounding skills. Most of the na- When the Serbian dictator institutes a cam- and the farmers of northern California, he tion's top coaches have employed the ma- paign of ``ethnic cleansing'' in Bosnia or more literally than I, for over twenty years. chine as standard equipment, and it can be Kosovo, we recognize that this is a clear ex- From the Farm Bill of 1996, to expanding found in gymnasiums throughout the country ample of a government which is destroying lib- overseas markets to addressing critical agri- and around the world. erty, not upholding it, yet when India commits cultural research needs, Rich Rominger has While attending Lenoir-Rhyne College, Fred genocide against Sikhs, Christians, Muslims, been, and will remain, a leader on issues re- McCall excelled in three varsity sports. As a and others, many members of this House lated to the health of our nation's farms and member of the basketball team for four years, proudly defend it as ``as the world's largest de- ranches. he was a phenomenal scorer and rebounder mocracy.'' His work on behalf of farmland preservation who made all-conference for two years. He Mr. Speaker, the United States is the also deserves praise. As a past board mem- also played for three years as an end-tackle world's only superpower. It is the beacon of ber of the American Farmland Trust and now on the football team and two years as a pitch- liberty for the world. We must support self-de- as deputy secretary, Rich has devoted a con- er on the baseball team. termination for all the occupied nations of siderable amount of time to efforts which seek Coach McCall graduated from Lenoir-Rhyne South Asia. We must maintain sanctions to preserve valuable farmland, particularly in College in 1948 and later received his mas- against India, especially now that Prithvi and California's Central Valley. This work will pro- ter's degree from Peabody College. Coach Agni missiles, some of which can reach Alas- tect California's food production as well as an McCall also proudly served our country for ka, are deployed in Punjab. important part of our agricultural heritage. four years during World War II as a first lieu- The time has come to stop all aid and trade I am proud to have worked with Rich tenant in the U.S. Army. to this corrupt government. And we must sup- Rominger throughout my career in Congress. E1916 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 He is a true gentleman, and I salute him for Therapy Department at my alama mater, ally. Youth in the community respect him as a his many accomplishments and hard work on American International College. These stu- role model and many experience their first behalf of American agriculture. dents at AIC are learning how to care for their jobs in Carlie C.'s store before striking out in f fellow citizens and their efforts deserve special search of their own career. recognition. I am honored to call Carlie C. a friend. I RECOGNIZING AMERICAN INTER- f congratulate him on his much deserved Distin- NATIONAL COLLEGE AND NA- guished Service Award. TIONAL PHYSICAL THERAPY PRESIDENT’S CHALLENGE, NA- f MONTH TIONAL YOUTH PHYSICAL FIT- NESS PROGRAM TRIBUTE TO SHERIFF GLEN CRAIG HON. RICHARD E. NEAL OF MASSACHUSETTS HON. RON PACKARD HON. VIC FAZIO IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA OF CALIFORNIA Tuesday, October 6, 1998 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Mr. NEAL of Massachusetts. Mr. Speaker, I Tuesday, October 6, 1998 Tuesday, October 6, 1998 would like to bring attention to the fact that Mr. PACKARD. Mr. Speaker, I rise today to Mr. FAZIO of California. Mr. Speaker, I rise October is National Physical Therapy Month. recognize the extraordinary accomplishments today to commend Sheriff Glen Craig on his American International College in Springfield, of a school which is located in my home dis- outstanding career in law enforcement and Massachusetts, my alma mater, is celebrating trict. I would like to express my congratula- community service. During Sheriff Craig's long National Physical Therapy Month with a vari- tions to Temecula's Linfield School for winning public career, he has shown the highest com- ety of activities designed to get the message the President's Challenge, National Youth mitment to those he has sworn to serve. out regarding physical therapy as a profes- Physical Fitness Program. Upon being discharged from the U.S. Army, sion, as well as physical fitness in general. The Presidential Physical Fitness Award Glen Craig went to work for the Visalia Police The theme for this year, ``On The Move,'', was initiated by President Johnson in 1966 Department in 1955. In 1956, he went to work reflects the attitude of the people in the phys- and is a prestigious accomplishment for all for the California Highway Patrol. Beginning as ical therapy field. Their goal is to get everyone schools to strive for. From its beginning, the a patrol officer, he worked his way up through moving in a healthy and safe way. The stu- President's Challenge has had a special focus the ranks to become the youngest commis- dents at American International College are on the Nation's youth, encouraging them to lay sioner in the history of the California Highway ``On The Move'' because they are learning a the foundation for an active, healthy adult life. Patrol, serving eight years in that position be- trade in a burgeoning field. They are learning This program is designed to accommodate ginning in January 1975. In January 1983, he how to get their patients back onto their feet students with special needs and emphasizes was appointed director of the State Depart- through the assessment of joint motion and that every student can be a winner in fitness. ment of Justice Division of Law Enforcement, muscle strength and endurance. They must The State Champion Award is presented to and in 1986, he was elected sheriff of Sac- also assess the ability of a patient's heart and schools with the highest number of students ramento County. He was re-elected in 1990 lungs to function correctly during the perform- scoring at or above the 85th percentile on the and 1994 and will retire in January 1999. ance of daily activities. To someone recover- President's Challenge. I am proud to say that During his over 40 years in law enforce- ing from an injury, these skills are of the nutri- the Linfield School is not only a repeat winner, ment, he has been held in the highest esteem ent importance. but they had over 82 percent of their students by both Democratic and Republican political Most people know of at least one person score above the 85th percentile! leaders and community leaders throughout the who has had to endure physical therapy after Mr. Speaker, I would like to again congratu- state of California. In addition, Glen Craig has an injury or surgery. Last year President Clin- late the Linfield School for this honor, and en- devoted countless hours of volunteer time to ton himself under went knee rehabilitation, courage other students and schools to follow the Make a Wish Foundation, the Boy Scouts after which he praised the physical therapy their example of excellence. of America, People Reaching Out, Walk Amer- profession. Every year we see examples of f ica and the March of Dimes. professional athletes, like Jerry Rice and Eric Finally, Mr. Speaker, I wish to thank Glen Davis, making wondrous recoveries from ca- HONORING CARLIE C. MCLAMB for his years of friendship and wise counsel, reer threatening injuries. These athletes seem and to wish him the best in his new endeav- superhuman when they return to their respec- HON. BOB ETHERIDGE ors. I have been very privileged to work with tive playing fields, yet without the hard work OF NORTH CAROLINA Glen during the course of my congressional and dedication of physical therapists, their IN THE HOUSE OF REPRESENTATIVES career. He has been a real asset to the peo- changes for a full recovery would be greatly Tuesday, October 6, 1998 ple of my congressional district in Sacramento diminished. County. I salute him for his efforts and com- Before they are allowed to treat patients, Mr. ETHERIDGE. Mr. Speaker, I rise today mend him for his service. physical therapists are taught their trade at in- to honor a great North Carolinian, Mr. Carlie f stitutions of higher learning, like American C. McLamb. Mr. McLamb recently received International College. The Health Science the Distinguished Service Award of the RESEARCH ACCOMPLISHMENTS AT Complex at AIC allows students access to Occoneechee Council of the Boy Scouts of THE UNIVERSITY OF CALIFOR- state-of-the-art facilities including computer America. He has been a leader in scouting all NIA, SAN DIEGO (UCSD) classrooms, an amphitheater, and a human his adult life. Carlie C. is a popular business- anatomical laboratory. In order to show their man and community leader in Dunn, NC. He HON. BRIAN P. BILBRAY appreciation, the students of AIC plan to hold is the top IGA grocery retailer in North Caro- OF CALIFORNIA flexibility screenings, visit local schools, and lina and one of the largest independent deal- IN THE HOUSE OF REPRESENTATIVES hold an open house for high school students ers in the Nation. He has touched many lives interested in the field of physical therapy. in this small community where he is consid- Tuesday, October 6, 1998 Their goals is to make people more aware of ered a role model as a hard worker. Mr. BILBRAY. Mr. Speaker, I want to bring their own physical condition, as well as bring Carlie C. McLamb is a founding director of to the attention of my colleagues five major re- attention to the importance of physical therapy the Standard Bank in Dunn and will soon join search advances at the University of Califor- as a medical field. the board of the Betsy Johnson Memorial Hos- nia, San Diego, that have come about thanks The American Physical Therapy Association pital. He is also largely responsible for the to the support in this body for science re- has sent public relations kits around the coun- success of the annual Community Pride event, search funding. These advances, included in try to help colleges educate the people in their attended by thousands of area folks. the just-published ``Great Advances'' report re- areas about the field of physical therapy. I in- His reputation for hard work inspired loyalty leased by the Science Coalition, demonstrate vite everyone to join me in recognizing the ex- among his employees. When Carlie C.'s store once again the value of federal funding for tremely important work being done by Physical was destroyed by fire and rebuilt 5 months university-based research. The Great Ad- Therapy Departments all over the United later, every single employee returned to work. vances report highlights UC San Diego re- States. I would also like to bring special atten- Carlie C. is always willing to help people in search in the areas of transportation, physics, tion to the training being done in the Physical need, even if he does not know them person- defense, environment, and disease and injury CONGRESSIONAL RECORD — Extensions of Remarks E1917 treatment. I believe that these five projects re- entists at Scripps Institution of Oceanog- provide the military with insight into con- flect much of what is best about science re- raphy at the University of California-San ducting amphibious missions augmented search in the university environment, including Diego monitored current and wave dynamics with covertly deployed onshore and offshore and beach surf conditions. Their goal was to acoustic sensors and wave and current sen- collaboration between institutions, leveraging provide the military with insight into con- sors. The researchers found that land vehicle of federal dollars with private dollars to maxi- ducting amphibious missions augmented activity can be clearly detected and tracked mize research value, and the potential for uni- with covertly deployed onshore and offshore using data from underwater devices located versity research to support America's national acoustic sensors and wave and current sen- as far as 2.2 miles offshore. This research is security. sors. The researchers found that land vehicle made possible through funding from the Of- Research at the UCSD's Scripps Institution activity can be clearly detected and tracked fice of Naval Research. of Oceanography into acoustics and wave using data from underwater devices located f sounds is of immediate value to the U.S. mili- as far as 2.2 miles offshore. This research is tary, enabling defense planners to better mon- made possible through funding from the Of- SANTE ESPOSITO, DEMOCRATIC fice of Naval Research. itor onshore activity and better prepare for COUNSEL, COMMITTEE ON DISEASE AND INJURY TREATMENT: MECHANICAL landings. TRANSPORTATION & INFRA- BLUEPRINT FOR KNEE CARTILAGE Bioengineering Department research into STRUCTURE: A TESTIMONIAL A team of bioengineers at the University of knee cartilageÐproviding the first real picture California-San Diego has for the first time of what happens when cartilage is squeezed described in detail what happens when car- HON. JAMES L. OBERSTAR and flattened as it absorbs impactÐwas jointly tilage is squeezed and flattened as it absorbs OF MINNESOTA funded by the Whitaker Foundation and the impact. As the body’s shock absorber, car- IN THE HOUSE OF REPRESENTATIVES Arthritis Foundation, leveraging funding from tilage is a cushion of durable tissue that pro- Tuesday, October 6, 1998 tects the knee from a lifetime of walking, the National Institutes of Health and the Na- Mr. OBERSTAR. Mr. Speaker, I rise today tional Science Foundation. bending and running. Although it is only a few millimeters thick, cartilage is a complex to recognize a very special member of the Biophysicists from UCSD and Caltech col- staff of the Committee on Transportation and laborated to capture in atomic detail changes tissue made up of several regions, each with its own distinct composition and structure. Infrastructure, Sante Esposito, and to express that take place in the earliest stages of photo- The UCSD researchers’ blueprint, which in- on behalf of the Committee, our gratitude to synthesis. Researchers from the Scripps Insti- cludes the mechanical properties of cartilage Sante for his hard work, wise counsel, won- tution of Oceanography are collaborating with and how it works in the body, provides valu- derful sense of humor, and great personal more than 60 scientists from around the world, able insight for the development of labora- friendship. including India, England, France, Germany, tory-grown knee cartilage to replace dam- Sante has served on the CommitteeÐand Mauritius, and the Netherlands in the Indian aged tissue, including treatments for ar- thritic and aging cartilage. This research is its predecessor, the Committee on Public Ocean Experiment, or INDOEX, an effort to Works and TransportationÐsince 1981, and measure the cooling effect of sulfates and made possible through funding from the Na- tional Institutes of Health, the Arthritis as our Democratic Chief Counsel for the past other aerosols on regional climate. Foundation, the National Science Founda- decade. It is a tribute to his abilities that he Mr. Speaker, I have long supported Federal tion, and the Whitaker Foundation. has risen through the ranks under five dif- funding for science research, because I be- PHYSICS: ATOMIC DETAILS OF PHOTOSYNTHESIS ferent Democratic Chairmen or Ranking Mem- lieve that it contributes in a wide variety of Photosynthesis is probably the single most bers (depending on whether we were in the ways to the health and well-being of the important chemical reaction in the biologi- majority or minority). This month, after 23 United States. While I commend my col- cal world. Indeed, all life derives its energy years on Capitol Hill, Sante will be retiring leagues to the entire report, I am pleased to from photosynthesis. A team of biophysicists from public service, leaving behind the late see that so much of the research highlighted from the University of California-San Diego nights, the drafting and redrafting sessions, as ``Great Advances'' of the 105th Congress and Caltech recently captured in atomic de- and the never-ending jurisdictional squabbles, tail the changes that take place when light includes projects conducted by researchers and will be moving on to new challenges in from UC San Diego. Science has played and strikes the site where the primary events of photosynthesis occur—a protein called the the private sector. will continue to play an important role for reaction center. The results are offering a As the Ranking Democratic Member on the America as we move forward into the 21st new and detailed explanation for how this Committee, I will greatly miss Sante's keen Century. I congratulate the many UCSD sci- complex chemical reaction takes place. mind, wise counsel and warm friendship. He entists whose work has been recognized in They’re also offering a vital step toward the has an innate ability to think and act quickly the ``Great Advances'' report, and I urge my creation of artificial photosynthesis, a proc- and decisively, and to communicate effec- colleagues to continue to recognize the impor- ess that one day could usher in a new era of tively. His understanding of the legislative and tance of Federal funding for university-based food and energy production. This research is parliamentary processes, transportation, eco- science. made possible through funding from the Na- tional Science Foundation. nomic development, public buildings, aviation, water, and environmental issues, and the EXCERPTS FROM THE SCIENCE COALITION’S ENVIRONMENT: INTERNATIONAL EXPERIMENT IN ‘‘GREAT ADVANCES’’ REPORT: ADVANCES AT INDIAN OCEAN TO STUDY ROLE OF POLLUT- overall politics of these issues, have helped THE UNIVERSITY OF CALIFORNIA, SAN DIEGO ANTS IN CLIMATE CHANGE our Committee and its many Members on both TRANSPORTATION: RESEARCH BREAKTHROUGHS More than 60 scientists from around the sides of the aisle make decisions to build a LEAD TO LIGHTER, SAFER BRIDGES world, including researchers at the Univer- better America. Structural engineers at the University of sity of California-San Diego, have joined Sante Esposito, a native of Plainville, Con- California-San Diego’s Irwin and Joan Ja- forces in a $25 million international experi- necticut, is a graduate of Fairfield University cobs School of Engineering have designed ment to answer a pivotal question in climate and holds a law degree from the University of the nation’s first major advanced composites change: How are pollutants known as Connecticut. He worked for the Connecticut vehicular bridge, culminating years of de- aerosols cooling the planet and impacting General Assembly, and came to Washington fense technology research on advanced com- global warming? posite materials. The 450-foot bridge over The project, called the Indian Ocean Ex- in 1975 answering the call of our former col- Interstate 5 in San Diego will be the first of periment, or INDOEX, is one of the first at- league, Robert Giamo, the first Chairman of its kind built for vehicular traffic. It will be tempts by scientists to measure the cooling the Budget Committee. Sante served both the constructed with advanced materials—in- effect of sulfates and other aerosols on re- House Budget Committee and the Congres- cluding glass, carbon and aramid fibers em- gional climate. Scientists from England, sional Budget Office before joining our Com- bedded in polymer matrices. The composite France, Germany, India, Maldives, Mauri- mittee to serve as our own in-house expert on materials are lighter, stronger and more du- tius, the Netherlands, Sweden, and the the budget. rable than conventional materials which en- United States are participating in field stud- As a member of the Budget Committee ables us to build bridges, highways and ies in the experiment. This research is made staff, Sante helped implement the then-new buildings faster and with less disruption to possible through funding from the National traffic flow. Because they are lighter, such Science Foundation. budget process of the Congressional Budget and Impoundment Control Act of 1974, which structures would be much less sensitive to DEFENSE: OCEAN TECHNOLOGY AIDS MILITARY we still use today. He also helped develop the ground motion from earthquakes. This re- Using a set of sensitive sound devices search is made possible through funding called seismoacoustic arrays, a team of sci- budget reconciliation process, a process that from the Federal Highway Administration. entists at Scripps Institution of Oceanog- has become a staple of the budget debate in DEFENSE: OCEAN TECHNOLOGY AIDS MILITARY raphy at the University of California-San every Congress since 1980. Using a set of sensitive sound devices Diego monitored current and wave dynamics Sante is more than just a budget expert. His called seismoacoustic arrays, a team of sci- and beach surf conditions. Their goal was to imprint can be found on many significant E1918 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 pieces of legislation. His tireless work on the JUDGE MICHAEL J. SKWIERAWSKI revision of our nation's farm policy. We Transportation Equity Act for the 21st Century RECEIVES POLISH-AMERICAN passed the Freedom to Farm Act to phase out (TEA 21) in this Congress is a prime example. HERITAGE AWARD farmer's dependency on government subsidy He was present at every Sunday morning staff and give them the flexibility to choose which negotiation and every late night Members' HON. GERALD D. KLECZKA crops to plant, and how to plant them. In addi- conference, guiding both staff and Members to OF WISCONSIN tion we encouraged farmers to seek out new compromises that allowed House and Senate, IN THE HOUSE OF REPRESENTATIVES markets for their products, and they have. A great example of a developing market is bio- Democrat and Republican, all to claim victory. Tuesday, October 6, 1998 And TEA±21 is but one example. diesel: an alternative fuel which is derived Mr. KLECZKA. Mr. Speaker, I rise today to from crops such as soybeans, rapeseed, Looking back at the achievements of our honor Milwaukee County's chief circuit judge canola and more. Committee in the last two decadesÐwhether Michael J. Skwierawski for his outstanding ac- H.R. 4017, the Energy Conservation Reau- the landmark highway, highway safety, and complishments, service to the community and transit legislation of 1991, the Intermodal Sur- his contributions to further the heritage of Pol- thorization Act, also provides an important face Transportation Efficiency Act; the Amtrak ish-Americans. means to help farmers move into markets for Reform and Accountability Act of 1997; au- A native of West Allis, Judge Skwierawski biodiesel. This bill is not a subsidy, as Wash- ington has tried in the past, but amends the thorizing the construction of the largest Fed- graduated from Georgetown University Law Energy Policy Act of 1992 (EPACT) to allow eral building outside the Pentagon, the Ronald School in 1967. After 11 years in private prac- biodiesel to be considered as an alternative Reagan Building and International Trade Cen- tice and in the district attorney's office, he was fuel. EPACT requires that federal, state, and ter; or the Committee's long-standing efforts to appointed a circuit judge in 1978 and elected in 1979 serving the court for two decades, limited private fleets acquire alternatively take the transportation trust funds off budget, earning a reputation as a keen legal mind and fueled vehicles. Sante's contribution has always been compel- able administrator. ling, leading the way to the final compromises For the first time under EPACT, H.R. 4017 Rated among the best by the Milwaukee that became law. would provide strong incentives to provide for Bar Association, Judge Skwierawski has fleet managers to actually use the alternative In all of these initiatives, Sante has always served as presiding judge of civil court, presid- fuel rather than simply acquire additional alter- ing judge for court operations, and deputy fought for what was best for the Committee, native fueled vehicles that may never run on chief judge among other leadership roles. In the Congress, and the country. He has always the alternative fuels for which they were de- light of this record of accomplishment, the enjoyed working in a bipartisan manner when signed. H.R. 4017 enables fleet managers to Wisconsin Supreme Court this year appointed he could, or a partisan manner when he had use blends of at least 20% biodiesel to comply to. Judge Skwierawski chief judge of the Milwau- kee County Circuit Court. with EPACT requirements. Fleets may count In an ordinary day, Sante is just as likely to Judge Skwierawski's accomplishments don't the biodiesel portion of that blend toward a be talking to an intern who's trying to learn stop at the courthouse doors. His influence portion of their annual EPACT vehicle pur- about Congress, as he is to be meeting with and service are known throughout the commu- chase requirement. A minimum of 450 gallons Members discussing important legislative and nity, most notably as one of the guiding influ- of biodiesel must be purchased and actually policy issues, or talking to executive branch ences behind Polish Fest. Starting as a volun- used by a covered fleet to qualify the use of agency heads. He has been invaluable to teer at the fest's inception, Judge Skwierawski fuel as a substitute for a vehicle acquisition. many young students as a mentor. In fact, one again demonstrated leadership as president of The provision does not create any new man- of these former interns that Sante took under Polish Fest. dates or impose any new requirements on covered fleets. Instead it rewards the use of his wing is Ward McCarragher, who has just In addition to numerous memberships in civic groups, Judge Skwierawski has coached alternative fuel to achieve the goals of been named the Committee's Democratic basketball and baseball at St. Sebastian's EPACT, to displace imported petroleum. Chief Counsel. School for girls and boys. He is married to In addition to providing an alternative to for- I have enjoyed working with Sante over Gloria Skwierawski and they are parents to eign oil, biodiesel helps reduce emissions. these many years, admiring his irrepressible four children. Biodiesel runs cleaner than regular diesel fuel spirit and respecting his talent to have fun at Mr. Speaker, it is my honor to recognize which means less particulate matter, hydro- work. He has helped each of us fully appre- Judge Michael J. Skwierawski, a great citizen carbons, and carbon monoxide is released ciate and put into practiced the universal truth: and friend to the Polish-American community, into the atmosphere. This alternative fuel ``Blessed are those who can laugh at them- and recipient this year of the Polish-American Heritage's Appreciation Award for his many would be used primarily by heavy-duty fleet selves, for they shall never cease to be vehicles, such as city buses, boats and trucks. amused.'' I recently saw a Frank & Ernest car- years of devoted voluntary service to the Pol- toon in the Post which pictured a smiling job ish National Alliance, Polish Fest and the local What we are attempting to do with this pro- community. applicant saying to the personnel director, ``I vision is broaden the field of options in com- don't really have an employment history. It's f plying with the mandates of EPACT, not sub- sidize a particular fuel. This provision does not more a series of funny stories.'' Sante ENERGY CONSERVATION require new spending. In fact, the Congres- Esposito immediately came to mind. What a REAUTHORIZATION ACT OF 1998 gift he has! Bright, talented, intense and hard- sional Budget Office estimates that this provi- sion will save the federal government $40 mil- working, yet able to find and enjoy every bit of SPEECH OF lion over the next 5 years. I fully support H.R. humor life holds. HON. MARK E. SOUDER 4017, because I appreciate the way it encour- As a friend and a colleague, Sante will be OF INDIANA ages innovation and development as a way of missed on our Committee. While we are fortu- IN THE HOUSE OF REPRESENTATIVES addressing environmental issues. nate to have his proteÂge in place, Sante's spir- Monday, September 28, 1998 This bill helps to create a significant new it and sense of fun will be as difficult to re- market for Hoosier soybean farmers. Accord- place as his expertise on the intricacies of the Mr. SOUDER. Mr. Speaker, later this week ing to USDA, H.R. 4017 may add as much as legislative process. We will miss his daily we are planning to vote on almost $4 billion in 7 cents to the value of a bushel of soybeans. presence as a coworker, but we are sure to emergency aid for America's farmers. This When we help increase real demand for soy- continue hearing from him in his new position package is a combination of relief from the beans, not simply subsidize them, we increase as a legislative advocate. natural disasters much of the country has ex- perienced this year, and market loss assist- the price and put more dollars in the hands of I join his many friends in wishing Sante, his ance. In particular, the market loss provision working family farmers. I am pleased that in lovely wife Nancy, and his children, Jennifer, addresses the collapse of foreign markets addition to immediate relief, this Congress is Mike, Erin and Bryan all the best of everything which account for almost 40% of what we taking concrete steps to ensure the survival good in the years ahead. produce. In 1996, we began a much needed and prosperity of Hoosier farmers. CONGRESSIONAL RECORD — Extensions of Remarks E1919 SURFACE TRANSPORTATION system other than the National Classification former top United Nations weapons inspector BOARD SHOULD NOT ACT ON Committee Agreement provides for the group- in Iraq who is rightly sounding an alarm AGREEMENTS about the developments in Baghdad. ing of products with comparable characteris- Seven years of economic sanctions and tics, or the separation of products that are dis- contested arms inspections in Iraq since the HON. NICK J. RAHALL II similar, for transportation purposes. end of the Persian Gulf war have fatigued OF WEST VIRGINIA And we knew then, as we know now, that the Security Council. Mr. Hussein has sev- IN THE HOUSE OF REPRESENTATIVES the motor carrier industry remains extremely eral times manipulated the simmering con- competitive using the collective ratemaking frontation to force Washington to reinforce Tuesday, October 6, 1998 process authorized by the immunity to provide its military presence in the region, at con- Mr. RAHALL. Mr. Speaker, in 1996, the Sur- procompetitive services to shippers. These siderable expense. But for all the frustration, the clear lesson from these encounters is face Transportation Board was established principally regional motor carriers, by benefit within the Department of Transportation as a that only the credible threat of force can of the immunity, have been able to establish keep Iraq from resuming its weapons pro- result of Congressional action to terminate the together rates and routes for essentially multi- grams. Interstate Commerce Commission. The STB is regional services, and these services compete Washington has now muted that threat an adjudicatory body with jurisdiction over cer- with the single line services of the large car- even as Mr. Hussein has blocked the most tain surface transportation economic regu- riers. In this way, these carriers, who compete critical avenues of inspection. Though cam- latory matters which were formally under ICC with each other for regional and inter-regional eras and censors continue to operate at sus- pected weapons sites, nearly all spot inspec- jurisdiction. The Board consists of three mem- freight, effectively join together to offer ship- bers and herein lies the crux of the problem. tions have been banned by the Iraqis. Bagh- pers competitive, and often times more cost dad’s scientists and engineers are essentially Today it consists of two members. By the end effective, services. That these carriers are free to concoct biological and chemical tox- of the year, it will consist of only one member. continuing to provide shippers with these serv- ins at unmonitored sites and install them in This is not a situation the Congress envi- ices in a market of extreme competition is tes- bombs and missiles. The Clinton Administra- sioned when establishing the STB and enact- timony to the positive competitive effect of the tion, in effect, has suspended its effort to ing provisions such as those found under sec- immunity. keep Iraq from rearming. tion 13703 of Title 49 of the United States I would note that the household goods in- The Clinton Administration maintains Code. And I state this as the ranking Demo- that its restraint has allowed the Security dustry as we know it also depends on the anti- Council to deal directly with Iraq, giving crat on the Subcommittee on Surface Trans- trust immunity provided by law. members a better appreciation of Mr. Hus- portation which had a major role in drafting the For these reasons, I believe the public inter- sein’s defiance. The Council, in turn, has ICC Termination Act of 1995. est is best served by the continuation of the rebuffed Iraqi appeals to lift the embargo on The provisions of section 13703 relate to agreements in existence today, and that the most oil sales. That is fine, but the embargo the grant of antitrust immunity for certain col- public would be ill-served by an STB, com- is just one piece of the puzzle and the Secu- lective activities pertaining to the motor carrier prised of a single member, taking any actions rity Council shows little desire to deal with industry. In enacting the 1995 Act, and specifi- which would jeopardize the efficiencies em- the rest. Even without oil revenues, Mr. Hus- sein has more than enough money to finance cally section 13703 of Title 49, Congress re- bodied by the status quo. tained immunity for classification making, the new weapons. Absent aggressive inspection, f he will do just that. collective establishment of through routes and Mr. Ritter, an American who directed and joint rates, rates for the transportation of A DANGEROUS GAME IN IRAQ conducted inspections in Iraq, has correctly household goods, general rate adjustments, warned that the world has largely lost its rules and divisions. These activities have his- HON. HOWARD L. BERMAN ability to hunt down Iraqi weapons projects. He resigned in protest, disclosing that the torically had antitrust immunity as being in the OF CALIFORNIA United States blocked several inspections to public interest and Congress had the good IN THE HOUSE OF REPRESENTATIVES sense not to change that arrangement. avoid a new confrontation with Baghdad. Mr. Tuesday, October 6, 1998 Ritter also reported that many of the best However, the 1995 Act contained a caveat. intelligence tips about Iraqi activities came While immunity would be retained for an initial Mr. BERMAN. Mr. Speaker, one of the most from Israel, an understandable source given three year-period, which expires December persistent and dangerous foreign policy dan- Israel’s vulnerability to Iraqi attack. 1998, the Act requires that the Board continue gers that America faces today is in Iraq where Mr. Ritter has been rewarded for this truth the immunity beyond the three-year period un- Saddam Hussein persists in frustrating efforts telling with a stern warning from the United less it finds that renewal is not in the public in- by the United Nations to eliminate his program Nations, a Federal criminal investigation terest. In other words, unless the Board affirm- to develop weapons of mass destruction and into his association with Israel and the ludi- atively determines that there is some public in- crous assertion of American officials that he the means to deploy them. does not know what he is talking about. This terest basis for not continuing the immunity I ask unanimous consent that an editorial, treatment is an embarrassment to the coun- which Congress provided for in the statute, the entitled ``A Dangerous Poker Game With Iraq,'' try. immunity is to be renewed beyond the initial which appeared in the October 4, 1998, issue Every day that passes without spot inspec- three year period. of the New York Times be printed in the tions gives Iraq more time to rearm. While It is now being left up to a single Board RECORD. The editorial applauds the efforts of Washington is toasting its success in uniting member to make these determinations. In this Major Scott Ritter to warn the world about the Security Council behind the embargo, regard, there is some question as to whether Mr. Hussein is busy building weapons that Saddam's weapons program. The editorial can threaten the entire Middle East. or not the board, when comprised of a single rightly calls on the United States to intensify member, even has the authority to make any efforts to force Saddam to comply with UN f determinations of this nature. Apparently, the resolutions. As the editorial states, ``only the TRIBUTE TO DOUGLAS A. KAPLAN matter is not well settled. But in any event, credible threat of force can keep Iraq from re- any action taken by a STB comprised of a sin- suming its weapons programs.'' gle member will be the subject of controversy HON. VIC FAZIO This is a stark but true statement with dire OF CALIFORNIA if not litigation. consequences. Neither this Congress nor this IN THE HOUSE OF REPRESENTATIVES As such, I would advise the STB not to take Administration is as focused today as they any actions on matters which fall within the should be on the foreign policy crises in the Tuesday, October 6, 1998 purview of section 13703(c) of Title 49 while it Middle East, Asia, or Russia, which are at our Mr. FAZIO of California. Mr. Speaker, I rise lacks a quorum of its statutorily designated gates. We should be paying more attention today to recognized and commend Douglas A. membership. Indeed, the clear intent of Con- before these problems move within our walls. Kaplan who is retiring after serving sixteen gress in enacting the 1995 Act was for the I urge all my colleagues to read this editorial. years as Public Guardian/Public Administrator grants of antitrust immunity to continue. for the County of Yolo. A DANGEROUS POKER GAME WITH IRAQ We knew then, as we know now, that the Since his days as a student, Doug has efficient operation of the motor carrier industry, In altering its approach to Iraq, the Clin- shown an interest in helping those who are ton Administration is blundering into a pol- and its ability to serve both shippers and con- icy that allows Saddam Hussein to rebuild a less fortunate in our society. At the University sumers alike, depends on the continuation of deadly arsenal of chemical and biological of California at Davis, from which he grad- commodity classifications. Clearly, motor car- weapons. That makes it all the more repug- uated in 1978, he helped establish the Adopt riers could not, and would not, meet collec- nant that the Administration is trying to a Grandparent Program. Doug ran for the of- tively without immunity and it is a fact that no discredit and intimidate Scott Ritter, a fice of Public Guardian/Public Administrator in E1920 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 1982. He defeated the incumbent and took of- erable effort to funding environmental infra- the Kiwanis International Foundation, I am fice in January 1983. structure improvements such as sewage treat- confident his lifestyle of and commitment to Beginning in 1983, Doug began to modern- ment facilities and flood control. public service will continue for years to come. ize and revamp the office of Public Guardian/ JOE MCDADE's contributions reach the na- f Public Administrator by stressing outreach to tional level as well. As a member of the Ap- some of the most impoverished and vulner- propriations Defense Subcommittee during the POLISH LEGION OF AMERICAN able citizens in Yolo County. By investigating 1980s, JOE played a key role in crafting de- VETERANS CELEBRATES 75TH the need for protective services, fense and national security legislation. It is in ANNIVERSARY conservatorships, and other benefits, he ex- no small part a result of his work that the U.S. tended the social safety network to those in was able to achieve a peaceful end to the HON. GERALD D. KLECZKA need. Cold War from a position of strength and read- OF WISCONSIN Once in office, Doug initiated a comprehen- iness. IN THE HOUSE OF REPRESENTATIVES sive review program of any mental health re- I join my colleagues today in congratulating Tuesday, October 6, 1998 ferral in order to protect an individual's rights JOE MCDADE on a distinguished career. He during a conservatorship investigation. He has been a positive force for this nation and Mr. KLECZKA. Mr. Speaker, I rise today to worked with the state ombudsman for the care for this House. I wish him continued success speak in honor of the Woodrow Wilson Post of nursing facility residents who lack the ca- in his endeavors and a long and productive re- No. 11, Polish Legion of American Veterans, pacity to give informed consent for surgical tirement. USA, which this year is celebrating its 75th treatment, and he has helped to draft laws f anniversary. and regulations to protect elderly Medi-Cal re- At the conclusion of World War I, various cipients from losing their homes. He has also TRIBUTE TO HARRY D. FRELS groups of American veterans of Polish descent advocated for federal legislation resulting in formed organizations for the purpose of pre- the reinstatement of benefits for incompetent HON. BRIAN P. BILBRAY serving the spirit of patriotism and American veterans. OF CALIFORNIA ideals, which arose from their service in the During Doug's tenure in office, he served as IN THE HOUSE OF REPRESENTATIVES United States Armed Forces. Woodrow Wilson Post No. 11 carries the president of the California State Association of Tuesday, October 6, 1998 Public Guardians/Public Administrators and distinction of being the first such organization co-founded the National Guardian Association Mr. BILBRAY. Mr. Speaker, I rise today with in the State of Wisconsin. Formed on Septem- which provides education and training on pro- respect and admiration for a man of great for- ber 28, 1923, Woodrow Wilson Post No. 11 tective services nationwide. From 1994 to titude and commitment to the world commu- was founded by Walter Lewandowski, who 1995, he also served as president of that as- nity. It is with great pleasure that I extend my moved from Chicago and patterned the Wis- sociation. During his years as Yolo County's high commendation to Harry D. Frels of San consin post after the Alliance of American Vet- Public Guardian/Public Administrator, Doug Diego, CA, who has served on the Kiwanis erans of Polish Extract, later changed in 1932 has become a nationally recognized expert on International Foundation's board since 1993 to the Polish Legion of American Veterans. aging, conservatorship reform, long term care, and served as President of the Foundation The first administration of the Woodrow Wil- the disabled, and mental health systems. this year. The Kiwanis International Founda- son Post No. 11 was Walter Lewandowski, Finally, Mr. Speaker, I wish to thank Doug tion is the charitable arm of Kiwanis Inter- Commander; Mathew Lewandowski, Vice Kaplan for his years of friendship and to wish national, one of the world's leading service Commander; Chester Zaremski, Adjutant; Ste- him the best in his future endeavors. Doug clubs. There are currently 8,570 Kiwanis clubs phen Czerniejewski, Treasurer; John has been a real asset to the people of my in 82 nations. The Kiwanis family of service Czulinski, John Ignacczak and Louis Bryl, congressional district. I salute him for his ef- organizations numbers more than 600,000 Board of Directors. forts and commend him for his service. adult and youth volunteers. Harry Frels has Three years after the Post was established, f traveled as far as France and Korea to pro- a Ladies Legion was formed, which changed mote the foundation's goals and programs. its name to Auxiliary in 1947. The ladies en- TRIBUTE TO THE HONORABLE JO- The Kiwanis International Foundation is riched the organization by performing vol- SEPH M. MCDADE, MEMBER OF playing a central role in the Kiwanis Worldwide untary work for the organization which was CONGRESS Service Project. In partnership with the United dedicated to Americanism and American Vet- Nations Children's Fund, Kiwanis clubs have erans of Polish Descent. SPEECH OF pledged to raise $75 million to assist nations Members of the Woodrow Wilson Post were HON. F. JAMES SENSENBRENNER, JR. in eliminating iodine deficiency disorders (IDD) instrumental in organizing Posts Cudahy, OF WISCONSIN the leading preventable cause of mental retar- Racine, Kenosha, and South Milwaukee. The IN THE HOUSE OF REPRESENTATIVES dation in the world today. Under Harry Frels' Post has sponsored six national conventions leadership, the Foundation reached the $32 of the Polish Legion of American Veterans and Thursday, October 1, 1998 million mark in fulfilling this commitment, and yearly sponsors activities to foster and pro- Mr. SENSENBRENNER. Mr. Speaker, I rise these funds have been distributed to support mote Polish-American heritage in the greater to pay tribute to JOE MCDADE, the distin- IDD programs in more than 65 nations. Milwaukee area. guished gentleman from Pennsylvania, as he UNICEF estimates that these Kiwanis-funded Mr. Speaker, the Woodrow Wilson Post No. prepares to retire after 36 years of service to IDD programs are now saving more than 6 11 represents the best of the best. The free- the country and his constituents. Throughout million children from mental retardation each dom and strength of America are in large part his 18 terms, JOE MCDADE played key roles in year. due to their actions both at home and abroad. areas ranging from energy and the environ- Harry Frels is a Marine Corps veteran of I wish to commemorate and congratulate the ment, to America's highways and national de- World War II. He has been a Kiwanis member past and present members of Woodrow Wil- fense, all the while displaying grace and dig- since 1961 and has served as president of son Post No. 11 on their sacrifice and devo- nity under sometimes adverse circumstances. both the North Hollywood and the San Diego tion to our country and community. In the 10th District of Pennsylvania, JOE Kiwanis clubs. He is currently the San Diego f MCDADE is known as a friend to his constitu- club's secretary and executive director. In ad- ents, a man whose work as a Member of this dition to Kiwanis, he has served his commu- THE HEROISM OF STANTON House always aimed to help the individuals nity in many ways, including as a board mem- THOMPSON who sent him here. Among other things, he ber or chairman of the San Diego Hall of fought to create better opportunities for small Champions, the YMCA of San Diego County, HON. IKE SKELTON business, to help former coal miners re-train the Salvation Army Central Advisory Board, OF MISSOURI for new careers after many mines closed, and the Greater San Diego Sports Association, IN THE HOUSE OF REPRESENTATIVES to ensure that local hospitals, highways, and and the San Diego Holiday Bowl. schools were the best that they could be. Mr. Speaker, it is an honor for me to pay Tuesday, October 6, 1998 As a member of the Appropriations Interior tribute to Harry D. Frels who is always ready Mr. SKELTON. Mr. Speaker, let me take Subcommittee, he addressed issues including to contribute his time and talents to meet the this opportunity to pay tribute to Higginsville, alternative sources of energy in order to limit needs of his community and the world. Al- Missouri, resident, Rear Admiral Stanton dependence on foreign oil. He devoted consid- though he is stepping down as President of Thompson (USNR), who recently put his life CONGRESSIONAL RECORD — Extensions of Remarks E1921 on the line to save two Concordia, Missouri, with the Americans With Disabilities Act. bagger without a building, or millions to run boys' lives. Under his leadership, the District obtained fed- such an operation, or staff, or permits, or Recently, Admiral Thompson made the dif- eral funding for the seismic retrofit of the city connections. She did have her Mac- ference between life and death for two Lafay- Arthur grant of $75,000 a year for five years; Bridge, deployed new capacity transit coaches she had the power of her convictions. ette County 10-year-old boys during a driving on long haul trips from Sonoma County, and And she’s actually pulling it off. rain storm. Cameron Holsten and Gregory purchased a new high-speed catamaran This month, the new nonprofit she formed Kueck were playing in a ditch near downtown placed in ferry service in 1998. began a $1.2 million renovation of an empty Concordia, with Cameron's twin brother, Ken- Perhaps District Board Member Ginny supermarket donated by John Hechinger Sr. dall, when they were swept into a storm sewer Simms said it best in a recent issue of the and her family partnership. The D.C. Devel- by floodwaters. Working at a nearby drive-in Metropolitan Transportation Commission's oping Families Center will open on Benning restaurant, Thompson had no idea he was Transactions report: ``I don't know of anyone Road NE, across from the Hechinger Mall, in early spring. about to risk his life to save two others. . . . who can state they took a bridge and For the price of a hospital delivery, she Shortly after 5:30 p.m. on a Sunday turned it into a bus and ferry line. That really and her partners can deliver a baby, offer a evening, word came that the young boys were says something about . . . Carney's ability to wealth of services to the mother and nurture trapped in the raging waters in the storm drain look into the future and say, `Why not?' '' the child for three years. below the restaurant. Without a second's Mr. Speaker, I am pleased to recognize Mr. Although it is a far commute from her life thought, Thompson sprang into action and Campion for his steadfast commitment to ex- and home on Manhattan’s Upper West Side, headed for the drain. He waded into the waist- cellence over such a long and distinguished Washington was an easy choice for Lubic. career. We sincerely appreciate his 23 years The city’s infant mortality rate of 14.4 per deep pool in front of the drain gate, but was 1,000—double the national average—‘‘has al- eventually forced to jump into the fast moving of dedicated public service with the Bridge ways been on my professional conscience,’’ current. District and extend to him our best wishes for Lubic said. Besides a center here would be Thompson located the boys approximately an active and enjoyable retirement. only a cab ride away from policymakers who 50 to 75 feet inside the tunnel. While their feet f might be persuaded to replicate the model and legs dangled in the current, the boys hung nationwide. TRIBUTE TO RUTH LUBIC on to small, wire-like rebar strap protruding At a time of life when even the most driven from the wall of the tunnel. Thompson then type-A personalities are slowing down, Lubic took on one of her biggest projects ever. made the decision to assist these young boys, HON. CHARLES B. RANGEL OF NEW YORK Those who have come into her path describe and with the help of Concordia fire and rescue her as single-minded, forceful. She calls her- IN THE HOUSE OF REPRESENTATIVES teams, he successfully brought Cameron and self a ‘‘stubborn old woman.’’ Gregory to safety one at a time. Tuesday, October 6, 1998 Asked why she would take on what seemed Mr. Speaker, Rear Admiral Stanton Thomp- Mr. RANGEL. Mr. Speaker, I rise today to an impossible task, she answered: ‘‘People son (USNR) is a true hero. I am sure that the are used to the idea that Ruth is a little pay tribute to a woman whose commitment crazy. But I’m the age I am, I’ve had my ca- members of the House will join me in paying and unselfish devotion, has helped countless tribute to this outstanding American who reer, I’ve been honored and all that. I have women and their children have a better life as nothing to lose.’’ risked his life to save two young Missourians well as a more promising outlook to the future. Soon after being awarded the Mac-Arthur from drowning. The woman with a heart of gold of whom I grant, Lubic quit her job as director of the f speak is Ruth Lubic. Maternity Center Association in Manhattan. Ruth Lubic, who until recently made her She and her husband took turns flying be- TRIBUTE TO CARNEY CAMPION, tween cities for visits. She settled in an GENERAL MANAGER OF THE home on Manhattan's Upper West Side, is a nurse-midwife who has come to the nation's apartment in Southwest Washington and GOLDEN GATE BRIDGE, HIGH- launched her assault. WAY AND TRANSPORTATION DIS- capitol with a vision of opening a birthing cen- Hechinger still seems amazed that he let TRICT ter in one of the District's poorest neighbor- Lubic talk him out of the building and 1.2 hoods. Her need, her aspiration of personally acres of property—land he had planned to de- doing something about the city's high infant velop. He gave it up only after Lubic had HON. JAMES L. OBERSTAR mortality rate, is evident in her drive, her te- badgered him and his real estate manager, OF MINNESOTA nacity, and in her faith in humanity. Jim Garabaldi, for three solid years. IN THE HOUSE OF REPRESENTATIVES Allow me to share with you this article about ‘‘We both told her over and over again it would never, never, ever happen,’’ Garabaldi Tuesday, October 6, 1998 Ruth which recently appeared in The Wash- said. ‘‘We explained this was our business en- ington Post. It's a heartwarming story which Mr. OBERSTAR. Mr. Speaker, I rise today tity, that as individuals we give charitable speaks of how Ruth is truly ``fulfilling a to pay tribute to Mr. Carney J. Campion on the contributions, but this is our business here.’’ dream.'' But Lubic quite simply wore them down. occasion of his retirement as General Man- [From the Washington Post, Sept. 30, 1998] ‘‘She can soften you up because she’s so in- ager of one of our Nation's most revered his- tellectually and emotionally sure of the toric landmarks, the Golden Gate Bridge. For A BATTLE WON, A CENTER BORN rightness of her cause,’’ Hechinger said. more than two decades, Mr. Campion has NURSE-MIDWIFE TO OPEN BIRTHING FACILITY ‘‘When she’s through with you, you have this been admired for his effective leadership in FOR D.C.’S POOR guilt feeling. Plus you’re shocked at the sta- managing the Bridge, the Bridge District's bus (By Cindy Loose) tistics which prove she’s right.’’ and ferry services, and in navigating the politi- To explain how she came at age 71 to be While she was working on Hechinger, opening a birthing center in a poor District Lubic also was banging on doors all over cal waters connected with running such an im- town. portant transportation enterprise. He will long neighborhood, Ruth Lubic first has to tell about the things that have been bothering ‘‘The women we’ll reach have been put be remembered as one of the most effective her for decades. down and let down their whole lives,’’ she general managers in the history of the Golden The sickly babies she saw in tenement would say. ‘‘The doors of this building are Gate Bridge, Highway and Transportation Dis- houses during a nurse-midwife career that going to be an escape hatch from despair.’’ trict. began in 1961. The child sitting on the floor She haunted the hallways of the Depart- During an illustrious career, Mr. Campion of a Mississippi sharecropper’s cabin, covered ment of Health and Human Services hoping was instrumental in advancing numerous with flies, her hair reddened by malnutri- for a chance encounter with Secretary Donna E. Shalala—a tactic that actually projects of critical importance to the District. tion. That visit to Mississippi was 30 years ago, worked. He successfully guided to completion the re- but Lubic chokes on her words and actually Through a friend of a friend, she wrangled decking of the Bridge in 1986, purchased and cries when she quotes the state health offi- a meeting with former HHS secretary Louis preserved for future transportation use an cial who told her not to worry so much, that W. Sullivan. Over breakfast, she turned him abandoned Northwestern Pacific Railroad ‘‘some Negroes got red hair.’’ into a major fund-raiser who helped her right-of-way, and implemented a public safety When the phone call came five years ago match a $785,000 grant within a three-month patrol and installed crisis communication telling her she’d won a MacArthur ‘‘genius deadline. She made city contacts from the bottom phones to respond to emergencies on the grant,’’ she knew right away what she would do. She would come to the nation’s capital up. When a taxi driver protested that it was Bridge. He reorganized the District depart- and build a model of infant mortality pre- too dangerous to drive her to an evening ments to improve environmental health and vention. community meeting in a tough neighbor- safety management, and assured the District Never mind that she was a white-haired hood, she told him, ‘‘If I can go, then you can public transit system attained full compliance grandmother from New York City, a carpet- go, so let’s go.’’ E1922 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 Over the course of the years, people the building, but from outside the chain-link ida crash rescue on the Potomac River in mighty and small fell under the spell of her fence, he studied the property and pictured 1982, and the valiant effort here at the Capitol vision—or in some cases simply gave up try- the renovations. And Lubic turned up the earlier this summer. I know all Members will ing to thwart her. heat on Hechinger and Garibaldi. As Hechinger put it, ‘‘I personally was a Initially, the property manager refused want to join me in congratulating Park Police victim of her strongest characteristic: tenac- even to put her in touch with Hechinger. But Chief Robert Langston and the Unit on this im- ity. She’s a bulldog who envelops you in the she kept coming back, and coming back. portant anniversary of service. As the Wash- rightness of her cause.’’ ‘‘One day, somehow, she got me to see her vi- ington Times puts it ``Park Police take to the Thick wire cables dangled in the dark, sion,’’ Geribaldi said. He began to lobby air in any and all emergencies.'' empty shell boarded up with plywood. Glass members of Hechinger Enterprises, the fam- PARK POLICE TAKE TO THE AIR IN ANY AND crackled underfoot as fellow visionary ily partnership, as did Lubic’s new friends. ALL EMERGENCIES Delores Farr walked a few paces and paused. ‘‘Things were constantly cropping up ‘‘I want you to know I’m standing in my where I’d say, ‘Oh no, Ruth Lubic again, ’ ’’ [By Kristan Trugman] office,’’ she said. Hechinger said. ‘‘Donna Shalala called and A 36-year-old man on a motorcycle collides ‘‘Your office is closer to that window, isn’t said, ‘I’m really not in a position to tell you with another motorcycle as the two men it?’’ Lubic asked, pointing toward a blank what to do with your property, but this is a swerve to avoid a piece of wood in the road concrete wall. tremendous thing Ruth Lubic is up to.’ ’’ near Crofton. The man slides across Route Down there on one end, where the store’s While the Hechinger family considered var- 450 and is in need of medical help. dairy section once was located, will be the ious proposals at quarterly meetings, Lubic Within minutes, the phone rings about 5:20 entrance for pregnant women coming for de- handed planning grants from two national p.m. Saturday at the U.S. Park Police Avia- livery or pre- or postnatal care. Women need- foundations and an anonymous donor. tion Section—called the Eagles Nest—at ing social services and day care will enter on The first big breakthrough came about a Anacostia Park. the other side. High-risk patients will deliver year ago when city officials discovered that Sgt. Kevin Duckworth, 36, a pilot, and Offi- at Howard University Hospital, where nurse- millions in unspent grants were about to re- cer Doug Bullock, 32, a rescue technician, midwives will have admitting privileges. vert to the federal government unless quick- look at a map, grab their helmets and climb It’s not surprising that Lubic and Farr can ly allocated. into Eagle 1, a twin-engine helicopter. They visualize in the dark shell a bright center ‘‘We ran like crazy’’ to put together a pro- head to Crofton to fly the victim to Prince bustling with patients and clients. Both posal, Lubic said. The city awarded $785,000 George’s Hospital Center in Cheverly. could see it in their minds before they’d even on the condition that the money be matched The helicopter lands in a grassy field at identified a site. within a few months—a seemingly impos- Crofton Middle School and waits about 10 In 1994, a friend told Lubic that she should sible goal. But Sullivan, the former HHS sec- minutes for an ambulance to arrive from the look up Farr, director of the Healthy Babies retary, soon became the second answer to a accident scene about 6 miles away. At 5:55 Project, a private nonprofit group. Farr and maiden’s prayer. p.m., Sgt. Duckworth lifts the helicopter off her workers walk the streets of tough neigh- Sullivan now president of the Morehouse the ground; five minutes later, doctors at the borhoods. They visit crack houses, liquor School of Medicine, had agreed to a friend’s hospital are examining the man, who will re- stores, beauty shops—anywhere they might request to meet with Lubic. ‘‘I was imme- cover. find a pregnant woman and persuade her to diately impressed and began introducing her The Saturday mission is one of more than get prenatal care. They offer parenting class- to people I know,’’ he said. 6,000 medical evacuations performed by the es, counseling, help with obtaining addiction He contacted a friend at Bristol-Myers helicopter section since 1973. treatment. Lubic’s birthing center, Farr Squibb Co., Dick Thompson, who secured a The section is best known for its rescue of agreed, would be a perfect place to relocate. donation from his company. Thompson then passengers in the January 1982 crash of an ‘‘Meeting Ruth was like a dream come got his friends at other drug companies to Air Florida jet into the 14th Street Bridge true,’’ Farr said. ‘‘We immediately saw eye arrange corporate donations. and Potomac River. to eye on the needs and issues. We’ve been Sullivan said a lawyer friend set up a Most recently, it flew a mortally wounded joined at the hip ever since.’’ meeting for him with Katharine Graham, Special Agent Officer John M. Gibson, 42, to There were so many obstacles—getting a chairman of the executive committee of The the Washington Hospital Center on July 24 place and raising millions of dollars was just Washington Post Co. Two foundations set up after the shooting at the U.S. Capitol that the start. They needed all kinds of permits in honor of her parents and husband donated also killed Officer Jacob J. Chestnut, 58. from D.C. health officials, building officials, a total of $100,000. Lubic’s former employer While those missions highlighted the avia- zoning officials. They needed assurances of in New York kicked in another $100,000, law tion unit in the news, its primary role and Medicaid reimbursement, legal help, partner- firms helped and the match was made. about half of its work is law-enforcement op- ship with a hospital. Sullivan is still working on the case. ‘‘A erations. The officers in the sky patrol assist People told them it would never happen. few days ago on Martha’s Vineyard, I ran officers on the ground almost daily. You can’t even get potholes around here Since the demise of the Metropolitan Po- into a few people and asked for their help. fixed, they said. You’ll never get a big, com- lice Department’s helicopter branch in 1996, [Del.] Eleanor Holmes Norton, for one, indi- plicated project like this rising out of noth- the Park Police has the only law-enforce- cated she’d follow up.’’ ing. ment aviation unit in Washington. Its main A $1.2 million grant awarded last month by But they kept on pushing with the plan. function is to assist the U.S. Park Police, the Robert Wood Johnson Foundation will They will get to pregnant women early but it also helps medical and law enforce- help with operating costs. The building do- through the Healthy Babies outreach. The ment agencies across the metro area. nated by the Hechinger family came with a birthing center, Lubic hopes, will give At the crew’s discretion and depending on contingency clause—that Lubic would run women more control over their pregnancies. the number of hours the helicopters have the center for at least three years. And because birthing center deliveries cost flown in a month, officers can patrol in the ‘‘I laughed when I heard the condition and 30 to 60 percent less than hospital deliveries, air, usually for about an hour. answered, ‘God willing, Lubic said. she said, the savings could help fund other ‘‘You fly for an hour and you feel you’ve Her son, Douglas, a New York lawyer said services. been through the wringer. It can be Hechinger can count on Lubic to presevere. Lubic managed to persuade city officials to fatiguing,’’ says Officer Ronald Galey, 49, ‘‘The day she stops working for what she designate her still-imaginary center as a fu- who has been a member of the unit since 1977 believes is right,’’ he said. ‘‘will be the day ture welfare-to-work site. Still, they would and a pilot since 1987. A few minutes later, she dies.’’ need day care for the clients for whom they he and Officer Bullock take Eagle 1 up for found jobs. f patrol about 9 p.m. Saturday night. So in 1996, Lubic and Farr met with Travis The helicopter whirls past the U.S. Cap- Hardmon, of the National Child Day Care As- U.S. PARK POLICE AVIATION UNIT itol, the Washington Monument and the Lin- sociation. At that point, the center lived CELEBRATES 25 YEARS OF SERV- coln Memorial, all glowing in the night. only in their imaginations, but how would he ICE TO OUR NATION’S CAPITAL The officers let dispatchers know they are feel, they asked, about organizing child care in the air and available for assistance. for infants and toddlers? ‘‘Let’s see if we can find an aggressive driv- ‘‘His eyes lit up,’’ Lubic said. ‘‘Since then, HON. CHARLES H. TAYLOR er or two,’’ Officer Bullock says. he’s been the answer to a maiden’s prayer.’’ OF NORTH CAROLINA In the next few minutes, the officers spot And although Lubic had been told 100 aggressive drivers along the Baltimore- IN THE HOUSE OF REPRESENTATIVES times that she couldn’t have the Hechinger Washington Parkway and again on the Cap- property, that didn’t stop anybody on the Tuesday, October 6, 1998 itol Beltway near the American Legion new team. Mr. TAYLOR of North Carolina. Mr. Speak- Bridge. The officers shine a spotlight on the ‘‘Travis brought in Bill Davis, and things drivers, who quickly slow down. then really started coming together,’’ Lubic er, last month, the United States Park Police ‘‘It lets them know someone is watching said. Aviation Unit celebrated its 25th anniversary of them,’’ Officer Bullock says. Davis, a project manager with nonprofit service to the nation's capital. We all remem- The rain and chill in the air Saturday development experience, couldn’t get inside ber the vivid heroics of the unit in the Air Flor- night apparently kept criminals indoors. CONGRESSIONAL RECORD — Extensions of Remarks E1923 ‘‘It’s pretty quiet out there,’’ Officer Bul- guished group of veterans and their families at Americanism is not in the air we breath or lock says as his eyes scan the ground and he Triangle Park in the great city of Hialeah, Flor- the water we drink, but in each and every listens to the police radio. ‘‘I’m not at all ida. American. In the parent and the artist, in surprised, given the weather,’’ Officer Galey Before I spoke, a young man also ad- the teacher and the plumber, in the police of- says. ficers, lawyers, politicians . . . everyone. After an hour, the officers land the heli- dressed the audience. I could hardly believe And you do not find it in a dictionary, nor copter, refuel, fill out paperwork and wait that the young orator was a senior in high in a speech, but in each of us. Not only on for the next call. school. the battlefield, but the operating room and In its 25 years—an anniversary the unit Erich Almonte has recently graduated from the classroom. Americanism is that which celebrated in a recent ceremony—the section Chaminade-Madonna College Preparatory and makes us Americans . . . and that which has flown more than 25,000 hours without an he is currently attending Georgetown Univer- Americans make it. It implores us to act an accident. Since January 1994, the unit of 15 sity. I am certain that you will agree that his not just sit idly by as children starve and officers—six pilots, seven rescue technicians marijuana clouds rise. No, Americanism is who are certified paramedics, and two ad- brilliant speech, which I will now recite as he did that morning, captures the essence of not in History books, but alive in us, calling ministrators—operates 24 hours a day. out to keep her great, to keep America Park Police formed the aviation section in what being American is truly about. great! Thank you. April 1973. It provides support for law en- Thank you. Good morning members of the ERICH ALMONTE forcement, emergency medical evacuation American Legion, Veterans of Foreign Wars, May 30, 1998—Memo- for trauma patients, search-and-rescue mis- their auxiliaries, Congressman Lincoln Diaz- rial Day. sions, presidential and dignitary security, Balart, councilmen, and all others here and transportation of high-risk prisoners. today. Memorial Day is an opportunity for f Congress funds the unit—part of the U.S. us as Americans to thank and honor those INDIAN FEDERAL RECOGNITION Department of the Interior—that flies about men and women who have served our coun- 1,000 hours each year. The unit has two heli- try in the armed forces, including both of my ADMINISTRATIVE PROCEDURES copters—Eagle 1, a Bell 412 SP, and Eagle 2, grandfathers and my father, and especially ACT OF 1998 a Bell 206 Long-Ranger. Funding for a third to honor those who have died in that service. helicopter is included in the $8.5 million It is a solemn occasion, yet one of celebra- SPEECH OF budget for the aviation unit in the D.C. ap- tion, for we know that these individuals did propriations bill. not die in vain. You see, we find one day a HON. JOHN B. SHADEGG The two helicopters have thermal imagers year to explicitly thank these men and OF ARIZONA that indicate heat and help officers find women, but each time someone exercises his IN THE HOUSE OF REPRESENTATIVES criminals hiding in woods or trespassers in or her right to vote, each day we live with- federal parks after dark. They also have Monday, October 5, 1998 out fear, each time we enjoy the freedoms of high-intensity searchlights, which is what democracy is a testament to their service Mr. SHADEGG. Mr. Speaker, I rise today in the officers focused on the aggressive driv- and sacrifice. And today I would like to opposition to H.R. 1154, the Indian Federal ers. The twin-engine helicopter has a rescue thank these men and women, and their fel- Recognition Administrative Procedures Act of hoist system that has 245 feet of cable and lows in the American Legion and VFW, for 1998. The bill would overturn the fair and thor- can lift 600 pounds. The officers also have ra- all that they have done. Not only are they ough process which is currently used to deter- dios on board that allow them direct contact Americans to the fullest extent of the word, mine whether a Native American group should with officers on the ground. but they are America personified. And if we be formally recognized as a tribe by the fed- From 1991 to 1997, the unit responded to really want to see what Americanism is, we need to look beyond mere words to these in- eral government. It would replace this process more than 9,500 calls for assistance, per- with one which is politicized and would lower formed more than 2,376 medical evacuations dividuals here today. and responded to more than 730 search-and- I mention Americanism for a reason. I at- the criteria for recognition to the point where rescue operations. It assisted on more than tended Boys State last year, and was privi- tribal recognition would have minimal bearing 3,360 criminal calls and 979 arrests and pro- leged to have been selected to give a speech on whether the group is a legitimate tribe. vided more than 812 flights for the president on Americanism for my Boys State city. H.R. 1154 takes the recognition process and other dignitaries. Today, I would like to share that speech away from the non-partisan Bureau of Indian ‘‘That’s why I like it here. There’s a vari- with you, in memory of America’s fallen servicemen and women. Affairs (BIA) and places it in the hands of a ety,’’ Sgt. Duckworth says. commission of individuals appointed by the When the helicopters are in the air, the Americanism is what it sounds like: the rescue technicians handle the operation embodiment of all things American, and of Administration. This commission will be hand- while the pilot concentrates on flying. America itself. The freedom to choose who picked by the Secretary of the Interior without Officer Galey particularly enjoys the we want to run our government, and then the advice and consent of the Senate. These flights chasing fleeing criminals in cars. freedom to call these people to account for are radical and troubling changes. The BIA will They are challenging, he says, because while anything they do. Freedom to think, or say, not longer be in charge of a process which re- watching sky, the pilot also is forced to di- or write what we want, even if it goes quires professional expertise and clearly falls vert his attention to the car on the road. against what others think. Freedom to talk ‘‘And you’re a little lower than you nor- to God, whether we call God Abba, or Allah, within the purview of the Bureau. Furthermore, mally would be. There are a lot of towers to or Father. Freedom to decide what we want the failure of the bill to require that the Senate be cognizant of,’’ he said. to do with our lives, and then freedom to do provide its advice and consent to the appoint- Most pilots and rescue technicans agree it. You cannot have Americanism, or Amer- ment of commissioners circumvents the sys- that the most difficult operations are those ica, without freedom. tem of checks and balances imposed on the involving injured children.‘‘Nine times out This freedom stems from our courage. Executive Branch by Article II, Section 2 of the of 10, it’s because an adult messed up. They Courage in defense of our country, whether Constitution. with weapons, with intelligence, or with are victims of circumstance,’’ Sgt. Furthermore, this bill lowers the criteria for Duckworth said, sitting at aviation head- heart, the same courage we gather together quarters, where a gray cat has taken up resi- to honor today. Courage to leave home and recognizing a tribe. Currently, a candidate dence and keeps the mice away. friends to make a better life for your family. group must be able to trace its lineage back Officer Galey said fewer patients are dying The courage to follow our ingenuity to the to the point that it was first contacted by set- while en route to hospitals because, through end, like actually injecting someone with tler. The group must further prove that they the years, medics on the ground have been small pox to prevent it in the future. Cour- have been identified as an American Indian better trained and are more equipped to sta- age in sitting in a tin can on top of a moun- entity on a substantially continuous basis bilize patients before they are put into the tain of rocket fuel and saying, ‘‘Point me to since 1900. These are important criteria: rec- helicopter. the moon and light the match.’’ That cour- ognition as a tribe, and the significant benefits f age explains why an American flag, and only a American flag, flies on the moon today, as which come from such recognition, must be A TRIBUTE TO OUR NATION’S a testament to our courage and spirit, the given only to groups which truly qualify as VETERANS same spirit that pioneers showed when they tribes. crossed an unmapped desert, leaving farm- The effects of bestowing federal recognition land in their wake. on a tribe are substantial. A federally recog- HON. LINCOLN DIAZ-BALART Americanism is in the diversity that nized tribe is granted special rights including OF FLORIDA makes us whole, in the integrity of our the status of a legally sovereign entity. This IN THE HOUSE OF REPRESENTATIVES promises, in the justice of our courts, and in means that the tribe may no longer be sued Tuesday, October 6, 1998 the honor of our souls. But it does not come for free. No, just ask by individuals without the tribe's consent and Mr. DIAZ-BALART. Mr. Speaker, last Memo- the colonists; ask the soldiers and their fam- thus takes away the individual's right to obtain rial Day I gave an address before a distin- ilies what its price is. It is not automatic. legal redress from the tribe. Sovereign status E1924 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 also allows tribes to avoid collecting state HONORING THE SHILOH BUILDING AWARENESS sales taxes on gasoline and other goods: a MISSIONARY BAPTIST CHURCH problem faced by my state of Arizona and HON. JAMES A. BARCIA many other states. Furthermore, federally rec- HON. KEN BENTSEN OF MICHIGAN ognized tribes are entitled to benefits which OF TEXAS IN THE HOUSE OF REPRESENTATIVES are not available to non-Indians including in- IN THE HOUSE OF REPRESENTATIVES Tuesday, October 6, 1998 creased funding for medical care and edu- Tuesday, October 6, 1998 cation. Mr. BARCIA. Mr. Speaker, it is deplorable The most troubling effect of federal recogni- Mr. BENTSEN. Mr. Speaker, I rise to con- when a woman or child is abused, especially tion is that it allows the tribe to apply to con- gratulate the Shiloh Missionary Baptist Church if it is by a person they know such as a rel- duct gambling on tribal lands under the Indian in Barrett Station, Texas, on the occasion of ative or friend. One family in three will experi- Gaming Regulatory Act (IGRA). Congress has its 122nd anniversary. The church's long his- ence some form of domestic violence in the chosen, through IGRA and other laws, to tight- tory of providing spiritual nourishment and United States. Every minute a woman is sexu- ly control gambling because we recognize that community service will be remembered during ally abused in our country, and every day it often leads to problems with gambling addic- a week-long celebration culminating in a spe- three to four women are killed by their tion, increased crime, and disfunction within cial service on Sunday, October 18, 1998. spouses. Twenty three years ago, twelve The Shiloh Missionary Baptist Church was families. Few of us want to see a proliferation woman in an effort to help people in a crisis founded in 1876, 12 years after the end of the of new casinos, yet this is a likely result of situation, established the Bay County Wom- Civil War, by the late Reverend L.J. Lankford. recognizing new tribes since few tribes can re- en's Center. These women have helped The first church services were held in a brush spread the message that people do not have sist the lure of the quick and easy profits to be arbor. While the church's initial membership made from casino ownership. While IGRA was small, Reverend Lankford was not dis- to stay in abusive relationships and there is does act as a safeguard, the most effective couraged and often reminded the church's hope of a new start. way of limiting the number is to limit the num- members that ``God said, where there is two October is National Domestic Violence ber of new, unqualified tribes. or three gathered in his name, he would be in Awareness Month. The Bay County Women's f the midst.'' Under the leadership of several Center is remembering individuals whose lives have been taken by domestic violence. More TRIBUTE TO THE HONORABLE JO- dedicated pastors, the church has grown and developed into an invaluable community insti- importantly, they are also remembering the SEPH M. MCDADE, MEMBER OF survivors of these crimes and the strength CONGRESS tution in Barrett Station. The next leaders of Shiloh were Reverends they show to achieve a healthy non-violent lifestyle. SPEECH OF Lewis Chillis Allen, S.J. Sanders, and then P.H. Brown. One of the church's longest-serv- The Bay County Women's Center believes HON. RALPH REGULA ing pastors was the Reverend Wyatt Gamble, that everyone has the right to live without fear OF OHIO who quickly became a role model to many in and violence. Their goal is to provide support IN THE HOUSE OF REPRESENTATIVES the community. He was loved for his meek to people in a life threatening, or unstable situ- Thursday, October 1, 1998 and humble ways and for his devotion to the ation in their home or family. The Center pro- church and its members. Reverend Gamble vides an encouraging environment in the hope Mr. REGULA. Mr. Speaker, it is with much traveled back and forth to Barrett Station from that people can assess their needs and exam- regret that I bid farewell to my good colleague Houston by bus or was driven by his son to ine other alternatives, while supporting any de- JOE MCDADE. Having served with JOE during church. He was never deterred by even the cision made by a person about their future. my entire tenure in Congress, I will miss his worst types of weather or other hardships. While domestic violence and sexual assault friendship, his advice, and his experience After work, he would always find time to visit is the main emphasis, the Center also pro- counsel on many challenging issues. the sick. He was especially known for baptiz- vides support to anyone in need. For example, Joe unfailingly served the 10th district of ing many church members of all ages in the the Center holds a children's support group, Pennsylvania with sincerity and dedication. His river and later in the canal in Barrett Station. parenting classes, and community education. constituents always knew this and kept return- Marked by spirit-filled singing and shouting, It is very important to educate the younger ing him to office by ever greater margins. these celebrations attracted many passers-by generation so that they will know that violence Even when critics were vocal, the people of who would slow down and even stop to wit- does not solve problems. Instead it only adds the 10th district understood JOE's basic good- ness the baptizing. to them. ness and refused to withdraw their support. Reverend Gambel pastored for more than Mr. Speaker, the Bay County Women's He has always understood the importance of 23 years until he, unfortunately, fell ill. During Center has been a strong foundation for indi- maintaining and promoting job growth in the his illness, Reverend G.S. Matthews was viduals and families in the community. I urge hard pressed coal-producing areas of his given the opportunity to preach one Sunday. you and our colleagues to join me in recogniz- state. This temporary substitution turned into 41 ing Director Barbara Rajewski and her staff for And if JOE taught us anything, it would be years of service as pastor of Shiloh. During their outstanding contributions to the commu- the principle of perseverance. Winston that time, more property was purchased and a nity, and support their continued efforts to Churchill said in 1941, ``Never give in, never new church was built. Pastor Mathews service build awareness of acts of violence and a give in, never, never, never, neverÐin noth- also included becoming First Vice President of brighter future for families of Bay City. ing, great or small, large or pettyÐnever give the American Baptist Convention of Texas and f in except to convictions of honour and good the Moderator of the Christian Benevolent Dis- sense.'' JOE never gave in and in the end suc- trict Association. On July 18, 1996, Reverend A TRIBUTE TO HOWARD S. cess was the outcome. G.S. Mathews passed away. ANDERSON I have valued JOE's role on the Appropria- The new pastor, Reverend Israel E. Holmes, tions Committee and his ability to guide com- has proved just as inspiring as his prede- HON. BOB FRANKS plicated and controversial legislation through cessors. In fact, 22 members joined Shiloh OF NEW JERSEY the House. He understands the need to exer- after listening to Pastor Holmes' powerful mes- IN THE HOUSE OF REPRESENTATIVES cise good oversight of government programs. sage ``One Church, One Body,'' taken from 1 Tuesday, October 6, 1998 JOE brought a thoughtfulness to government Corinthians 12: 1±12. He emphasized that which is not always plentiful here, nor even in every person in the Church has a spiritual gift Mr. FRANKS of New Jersey. Mr. Speaker, I high demand at times. But it was this thought- from God. Pastor Holmes has also encour- rise today to pay tribute to a great man and fulness which endeared him to many of us. I aged church members to use their spiritual a pillar of the communityÐmy good friend and wish him well in his future outside of Con- gifts in service to the community. former high school athletics coach, Mr. How- gress. may he enjoy all that life has to offerÐ Mr. Speaker, I congratulate Pastor Holmes ard S. Anderson. good health, firm friends, a loving family, and and all the members of Shiloh Missionary For forty-two years, Howie Anderson served the joy of watching grandchildren grow. Baptist Church as they celebrate their 122nd as a role model and mentor for generations of I will always cherish the friendship we have anniversary. I wish them continued success as students at Summit High School in Summit, shared as colleagues in one of life's greatest they build on the strong sense of community New Jersey. As coach of three varsity level opportunities to leave a legacy of value for fu- they have helped establish in Barrett Station, sports and Director of Athletics, his efforts ture generations. Texas. earned Summit High School the distinction of CONGRESSIONAL RECORD — Extensions of Remarks E1925 having one of the finest athletic programs in access to the benefits that will keep them York State from 1987 to 1997 and served as the state of New Jersey. healthier longer. The longer these individuals the Association's Chairman from 1990±1991. During Coach Anderson's extraordinary ca- stay healthy, the longer they will be able to He was highly instrumental in negotiations reer, he led the Summit High School football avoid using hospitalization covered by Medi- which led to the successful merger of the Sav- team to nine Suburban Conference Champion- care. This will save the taxpayer money. Also, ings Bank Association of New York State with ships, four State Championships and two by allowing them to purchase less expensive the New York League of Savings Institutions, State Sectional Championships. He was twice insurance, they will not be forced to ``spend thereby creating the Community Bankers As- named New Jersey Football Coach of the down'' their resources in order to qualify for sociation. Year. In 1972, the Newark Star Ledger named Medicaid. Mr. Speaker, I ask my colleagues in the him Baseball Coach of the Year for leading If this proposal becomes law, these New House of Representatives to join with me and the baseball team to three conference cham- Yorkers will be free to choose from more than rise in honor of James F. McConnell, who has pionships and one state championship. 30 state-mandated managed care or point of imparted a sense of professionalism, leader- But to those who know Howie Anderson service plans. Wherever they choose to go, ship and community responsibility. His record best, he is extraordinary not because of his they will be guaranteed identical benefits to is one of dynamism and productivity which numerous awards and honors, but because he the ones they currently have at much cheaper readily emerges as a yardstick by which all is a hardworking individual and a devoted costs. such future efforts are measured. friend. I know I speak for everyone in the This initiative is strongly supported in New f Summit community when I say thank you for York by the New York State Department of In- your dedicated service. Best wishes for a surance, the Long Island Breast Cancer Action HONORING GENIE EIDE prosperous and healthy retirement. Coalition (1 in 9), the National Alliance of f Breast Cancer Organizations, Gay Men's HON. J.D. HAYWORTH Health Crisis, Medicare Rights Center, and OF ARIZONA PERSONAL EXPLANATION New Yorkers for Accessible Health Coverage, IN THE HOUSE OF REPRESENTATIVES among many others. These are the consumer Tuesday, October 6, 1998 HON. RUBE´N HINOJOSA groups that represent the individuals locked OF TEXAS into the fee-for-service plan and each fully Mr. HAYWORTH. Mr. Speaker, I want to take this opportunity to say a few words about IN THE HOUSE OF REPRESENTATIVES supports giving consumers options and lower- ing their health care costs. Ms. Genie Eide, a fellow Arizonan, who is re- Tuesday, October 6, 1998 Americans should be able to choose their ceiving national recognition for her contribution Mr. HINOJOSA. Mr. Speaker, yesterday in health care. We should give them the tools to home health and hospice nursing. Today, in my Congressional District I was hosting a jobs they need to stay independent for as long as Atlanta, Georgia, Genie is being inducted as a fair. Due to returning to Washington later than possible and give them access to affordable, Fellow in Home Care and Hospice at Home I had anticipated I missed three Suspension quality health care. This will allow them to Care University. Only five leaders, nationwide, votes on the following bills: H.R. 4614, Con- have more money to buy other important in home care and hospice are being so hon- veyance of Federal Land in New Hampshire; things and keep them in control of their lives ored. H.R. 1154, Indian Federal Recognition Admin- and their future. They will worry less about Genie always says that she has been in istrative Procedures Act of 1997; and H.R. whether they can afford their health insurance nursing for ``about a hundred years,'' which is 4655, Establishing a Program to Support a premiums and give them the financial security a remarkable achievement for someone who Transition to Democracy in Iraq. to take care of their families. I urge all my col- also claims to be thirty-nine years old. How Had I been present I would have voted leagues to support this legislation because it she accomplished so much in so little time is ``nay'' on H.R. 4614, ``yea'' on H.R. 1154, and will provide health care security to these indi- truly a mystery. Genie has been a nurse for ``yea'' on H.R. 4655. viduals who need it the most. over 50 years. She is a graduate of Arizona f f State University and has served on the faculty of ASU. She has held management positions MEDICARE ANTI-DUPLICATION IN RECOGNITION OF JAMES F. in a number of Arizona hospitals, home care AMENDMENT MCCONNELL UPON HIS RETIRE- agencies, and hospices. She has published MENT AS PRESIDENT AND CEO numerous works, presented workshops and HON. RICK LAZIO OF THE FLUSHING SAVINGS seminars in Arizona and other states and has OF NEW YORK BANK received many awards. She has been listed in IN THE HOUSE OF REPRESENTATIVES Who's Who in Nursing. The reason, however, that I am rising to Tuesday, October 6, 1998 HON. GARY L. ACKERMAN OF NEW YORK speak about Genie Eide is that, in my mind, Mr. LAZIO of New York. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES Genie is a great example of what's right about today to introduce legislation that would cor- America. Genie has made a life and a career rect an unintended result of the Medicare anti- Tuesday, October 6, 1998 out of her commitment to public health and duplication statute. This very narrow legislative Mr. ACKERMAN. Mr. Speaker, I rise today public service. She has worked with the Amer- change would allow chronically ill New York to join with my constituents of the Fifth Con- ican Red Cross and spent two years in India residents to take control of their own lives by gressional District of the State of New York with The World Health Organization as a nurs- guaranteeing them access to a variety of and the staff of the Flushing Savings Bank as ing consultant. When Maricopa County Health health care options in New York State at lower they honor James F. McConnell upon his re- Services made its initial commitment to pro- prices. tirement as the bank's president and CEO. vide home health services to the county's dis- A combination of Federal and state laws Mr. McConnell's background is both diverse advantaged elderly population, Genie was have unintentionally ``locked in'' about 400 and effective. Prior to his election as president called on to develop the program. When a Medicare-eligible, disabled New Yorkers into of the Flushing Savings Bank he held promi- number of hospitals in the Phoenix area rec- an expensive, fee-for-service health plan. nent management positions with AMBAC In- ognized the need for the development of a They cannot leave the plan because they re- dustries of Garden City, New York and the hospice program to provide care and comfort quire needed medical coverage and, because EDO Corporation of College Point. He joined for dying patients, Genie was involved. of Federal laws, they actually are prohibited the Flushing Savings Bank in 1974 as Vice- Throughout her entire career, Genie has been from changing plans. They literally are trapped president and Treasurer. Realizing his keen there to help. in a health plan and my legislation allows sense of leadership and a most effective ap- Genie Eide represents one sterling example them to leave the expensive policy and give proach to getting things done, the bank ap- of hundreds of thousands of dedicated care them the quality health care they want at the pointed him president in 1981, appointed him providers who live each day to provide health prices they can afford. to its board of directors in 1983 and elected care when and where it is needed. Genie is This legislation is predicted not to cost any- him Chief Executive Officer in 1990. unusual in the energy that she devotes to her thing and actually could save Federal dollars. Mr. McConnell's multiple leadership talents calling and the broad scope of her vision. But By allowing disabled citizens to purchase pri- reach far beyond the Flushing Savings Bank. she is a leader and a representative of a large vate insurance with their own money, this leg- He has served on the Board of Directors of group of Americans who still believe that indi- islation ensures that these citizens will have the Community Bankers Association of New viduals can make a difference. E1926 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 TRIBUTE TO MR. NAPOLEON TRIBUTE TO LARRY ELDER IN HONOR OF THE CITIZENS OF FERNA´ NDEZ GREGORY TERRELL COUNTY ON THE OCCA- SION OF THE PRICKLY PEAR HON. DAVID DREIER PACHANGA IN SANDERSON, ´ TEXAS HON. JOSE E. SERRANO OF CALIFORNIA OF NEW YORK IN THE HOUSE OF REPRESENTATIVES HON. HENRY BONILLA IN THE HOUSE OF REPRESENTATIVES Tuesday, October 6, 1998 OF TEXAS Tuesday, October 6, 1998 IN THE HOUSE OF REPRESENTATIVES Mr. DREIER. Mr. Speaker, Larry Elder is the Tuesday, October 6, 1998 Mr. SERRANO. Mr. Speaker, I rise today to top radio personality in Los Angeles. His drive- Mr. BONILLA. Mr. Speaker, I proudly rep- pay tribute to Mr. Napoleon FernaÂndez, an time radio show is heard by about 400,000 resent the ``Cactus Capital of Texas.'' The outstanding individual who has devoted his life people per day, and an average of 72,000 Cactus Capital is located in Sanderson. The to his family and to serving the community. people tune in at any given time. In overall au- residents of Sanderson and Terrell County are Mr. FernaÂndez celebrated his 80th birthday in dience, he trails only a few of the nation's equally proud of this designation as they come the company of his family and friends on Sat- best-known, nationally-syndicated hosts. Why together on October 10, 1998 to celebrate the urday, August 22, 1998 at the Holy Cross is Larry Elder so popular? Because he first Prickly Pear Pachanga. Church Hall in the Bronx. thoughtfully espouses a message which Just ask any Texan and they will tell you Mr. FernaÂndez was born in the Dominican stresses the importance of accountability, indi- that Texas is a unique state with a rich culture Republic. When he was in the 6th grade, he vidual responsibility, and hard-work as keys to and heritage. Each region has special charac- had to quit school to get a job in order to sup- success. teristics and for Terrell County this would be port is mother and two sisters. With the desire Larry grew up in South Central Los Angeles, the cacti. and absolute resolution to provide for his fam- and he is now the self-proclaimed ``Sage of More than 100 species of cacti grow in ily, he became a barber at the age of 14 and South Central.'' He attended law school at the Texas, more than any other state. The cacti is 1 year later owned his own barbershop. University of Michigan, and later worked as an known for growing in extreme drought and heat conditions. It is a tough plant that grows Known as ``Salon Figaro,'' the barbershop executive headhunter in Cleveland before his in a tough region and I believe it is only fitting soon became the most famous in the Domini- radio talents were discovered. Cleveland's can Republic. He later entered show business that this plant is honored by West Texans. loss has become Los Angeles's gain. Larry and became an artistic entrepreneur who The citizens of Terrell County should be has appeared on KABC radio for nearly 5 brought to the Dominican Republic famous commended for hosting the Prickly Pear years, and his popularity has consistently musicians, such as Bobby Capo and Daniel Pachanga. There is nothing that represents grown. Santos from Puerto Rico and Libertad Texas better than friends, neighbors and a Lamarque from Mexico. With his success One of the reasons for Larry's devoted fol- community coming together to celebrate. I en- blooming, he published a magazine called lowing is that his views are often contrary to courage all Americans to come to Sanderson ``Revistas Figaro.'' those espoused by other nationally-recognized to attend the festival so they will be able to African-American leaders. He argues that big In 1952, Mr. FernaÂndez immigrated to the partake of good fellowship, food and family government and excessive regulation inhibit United States and obtained a barber's license fun. within a year. He opened a shop on 112th economic growth. He supports school choice f as a way to ensure that the children of lower- Street and Broadway in Manhattan while still A TRIBUTE TO THE TOWN OF pursuing his musical career. He brought income families have access to good schools. Larry argues that the biggest problem for mi- EAST HAMPTON, LONG ISLAND Armando Manzanero to the U.S. for the first ON ITS 350TH ANNIVERSARY time. He also went into the real state business norities in America is not white racism, but ille- and owned many buildings before losing them. gitimacy, which is fostered by a welfare state that liberal leaders have fought to preserve HON. MICHAEL P. FORBES After his real state business failed because and expand. OF NEW YORK of the discrimination and the difficulties immi- IN THE HOUSE OF REPRESENTATIVES Larry has survived and thrived in America's grants and minorities faced those days, he be- Tuesday, October 6, 1998 came a music teacher and gave music les- second-largest radio market despite a lengthy Mr. FORBES. Mr. Speaker, I rise today in sons in public schools in New York and in boycott aimed at depriving his show of impor- this hallowed chamber to ask my colleagues in New Jersey. He was the first Hispanic PTA tant advertisers and forcing him off the air. the U.S. House of Representatives to join me President from Brandeis High School and PS This experience prompted Forbes magazine and my family, friends and neighbors in East 145. He also played music with various artists recently to note that ``Larry Elder is one of a Hampton, New York, as we celebrate the such as the legendary Maestro Marco Rizzo group of black dissenters who are winning 350th anniversary celebration of this historic, and various bands such as Orchestas de public attention. Nevertheless, the business seaside Long Island town. Dominica, Chaparro and Alfredo Munar. community is nervous of them: They fear Located at the eastern tip of Long Island's Today, Mr. FernaÂndez sings gospel music with arousing the wrath of pressure groups that South Fork, East Hampton possesses a rich the choir at Holy Cross Church and owns a can muster street boycotts.'' Despite concerns and storied history as one of this nation's ear- baseball team, ``The Boys of Figaro''. among sponsors about the shopping habits of those who want Larry off the air, the boycott liest settlements, its 350-year legacy inter- Mr. Speaker, Mr. FernaÂndez was very in- seems only to have increased his popularity, twined with the history of this great nation and volved in politics and clearly believes that and he is now looking toward a syndicated the rest of Long Island as well. electoral politics is honorable public service. radio show, and possibly a book and television East Hampton boasts the United States' first He was very active in campaigns for former contract. Soon, the rest of the United States public works project, the Montauk Lighthouse Representative Herman Badillo, the first Puer- commissioned by George Washington. Sag will benefit from the insight and humor of my to Rican to be elected to the U.S. House of Harbor, on the town's western border with friend, Larry Elder. Representatives. Mr. FernaÂndez could have Southampton, served as home port for many been the first Dominican elected to the New Mr. Speaker, Larry Elder is thoughtful and great whaling ships during the heyday of that York State Assembly but he chose not to run. entertaining, and even his staunchest critics long since faded industry. Because it still pos- Mr. FernaÂndez has been married to Carmen concede that his ideas merit serious debate. I sesses much of the natural beauty and idyllic for 36 years. They have 8 children and 19 believe that if more Americans took to heart scenery as it did in the 17th century, the Vil- grandchildren who are all doing very well. his message of self-reliance, accountability lage of East Hampton has served as Ameri- and equal treatment, we would make great ca's preeminent resort community for the His life of courage and his contributions to strides toward empowering the weakest in our wealthy for the past 120 years, a summertime our country make all of us, the immigrant com- society to improve their own lives through bet- magnet for the world's artistic, business and munity and his family, truly proud. ter education, safer neighborhoods, and en- social elite. Mr. Speaker, I ask my colleagues to join me hanced economic opportunity. In turn, it would The story begins in 1648, when a small and the family of Mr. Napoleon FernaÂndez allow us to focus public resources on those band of Puritan settlers from Lynn, Massachu- Gregory in wishing him a happy 80th birthday. who truly need assistance. setts pushed through the woods of the South CONGRESSIONAL RECORD — Extensions of Remarks E1927 Fork to settle East Hampton. The town was There is no area of Long Island that has to interrupt and answer, ‘‘But you must judge founded on April 29 with the purchase of changed less since English settlers first land- us by our politicians, not merely by their 31,000 acres from the Montaukett Indians. ed here nearly 400 years ago than Gardiners ability, but by their ideals and the measure The settlers built their huts and cottages along in which they realize these ideals, by their Island. Located in Gardiner's Bay between the attitude in private life and much more by what is now Main Street, and named their new North and South Fork of Long Island, the Is- their attitude in public life both as regards home Maidstone after the English village they land was purchased by Lion Gardiner from their conception of their duties toward their left behind. Within a few years, 37 families Wyandanch, the sachem or chief of the country and their conception of the duty of called Maidstone home. Montaukett Indians, in 1639. Today, the cres- that country embodied in its government to- Like other pioneer towns of the Colonial era, cent shaped isle remains in the Gardiner fami- wards its own people and toward foreign na- East Hampton grew quickly, attracting many ly's possession, in the same pristine condition tions.’ ’’ artisans, fishermen, craftsmen and farmers He continued: ‘‘Each community has the as when Lion acquired it. kind of politicians it deserves. . . . The most who were overwhelmed by the area's bountiful Mr. Speaker, it is with great pride and emo- waters and rich farmland. Soon, the town important thing for you to know is how the tion that I stand here today and share East man you choose will conduct himself in the branched out to the grazing lands of Hampton's 350-year annivesarty with my Con- office to which he is elected. Now to know Wainscott, the meadows of Acobonac, the gressional colleagues. Though still just a this, you must not only know his views and fishing port of Montauk and the harbor at small, seaside town on the East End of Long his principles, but you must also know how Northwest. Island, Eash Hamption boasts a proud legacy well he practices and corresponds to those My colleagues, the spirit and handiwork of principles. This is the all important fact. Far of achievement and fame that places it among the original East Hampton residents still lives more important than the candidate’s words the world well-known communities. I congratu- in the many venerable homes and schools is the estimate you are able to put upon the late everyone of my friends and neighbors as that today stand in the village. Built in 1650, closeness with which his deeds will cor- they celebrate this historic anniversary. Home Sweet Home is the childhood residence respond to his words.’’ f Roosevelt spoke in the language of his of actor-playwright John Howard Payne, who time. He is gender specific to ‘‘men’’ and I wrote the famous song the house is named PRESIDENTIAL LEADERSHIP: would, if I could, edit his transcript and in- after. Next door is the Mulford House, built in CHARACTER, THE ESSENTIAL sert ‘‘men and women’’ but the basic lesson 1680 and also one of Long Island's oldest ELEMENT remains true. He continued: ‘‘What you need structures. The Huntting Inn encloses the in a man who represents you is that he shall home built in 1699 for the town's second min- show the same qualities of honesty, courage ister, and the Clinton Academy became New HON. PAUL McHALE and common sense that in private life make OF PENNSYLVANIA the type of man you are willing to have as a York State's first college prep school when it neighbor, that you are willing to work for, or was established in 1784. IN THE HOUSE OF REPRESENTATIVES to have work for you. While the private life The Main Street home of artist Thomas Tuesday, October 6, 1998 of a public man is of secondary importance, Moran, whose large canvasses of Yellowstone it is certainly a mistake to assume that it is and Yosemite that helped create the National Mr. McHALE. Mr. Speaker, I rise to insert of no importance. Of course excellence in pri- Park System, is on the National Register of the following speech, which I gave before the vate conduct, that is domestic morality, Historic Places. Adjacent to the Moran home Bethlehem Rotary Club on September 2, into punctuality in the payment of debts, being a is the ``Summer White House'' used by Presi- the CONGRESSIONAL RECORD. good husband and father, being a good neigh- bor, do not, taken together, furnish adequate dent John Tyler and his wife, the former Julia PRESIDENTIAL LEADERSHIP: CHARACTER, THE reason for reposing confidence in a man as a ESSENTIAL ELEMENT Gardiner of East Hampton. public servant. But lack of these qualities While America's westward expansion contin- My friends, neighbors and today consider- certainly does establish a presumption ued unabated for the first century, East Hamp- ing the message I’m going to deliver in just against any public man. One function of a ton grew slowly over its first 200 years. That a couple of moments, most especially, my great public leader should be to exert an in- changed dramatically in the 1870's, when well- fellow citizens— fluence upon the community at large, espe- to-do New Yorkers looking to escape the city I began preparing this speech focusing on cially upon the young men of a community. in summer, and artists and writers who were character and politics about a month ago. I And therefore, it is idle to say that those in- just looking to escape the city, simultaneously was watching TV one day when a respected terested in the perpetuity of good govern- journalist began to discuss the challenges ment should not take into account the fact discovered East Hampton's bucolic ambience. and allegations confronting the President. By the 1880's, East Hampton was a flourish- of a public man’s example being something She said with a note of frustration in her to follow or to avoid, even in matters not ing resort for the financially and artistically gift- voice, I’m paraphasing slightly, ‘‘We hire connected with his direct public services. No ed. When the Long Island Railroad was ex- public officials like plumbers—to get the job man can be of any service to his state, no tended to East Hampton in 1895, the village's done. We don’t expect them to be role models man can amount to anything from the stand- population was fully into its annual summer or moral icons.’’ ‘‘Character,’’ she finally point of usefulness to the community at explosion. said, ‘‘is largely irrelevant.’’ large unless first and foremost, he is a de- Comprised of the incorporated Village of I listened to that statement and realized cent man in the close relations of life. . . . East Hampton and several smaller hamlets, that I disagreed with it so profoundly, so Jefferson said that the whole art of govern- deeply, that it was so contrary to everything ment consists in being honest. . . . You can- each of East Hampton's communities has its that had brought me to public service two own district history. The fishing village of not be unilaterally honest. The minute that decades ago, I know that at some point in a man is dishonest along certain lines, even Amagansett was home to many great whaling some forum, I wanted to respond—not mere- though he pretends to be honest along other captains of centuries past, including the leg- ly to rebut her statement, certainly not to lines, you can be sure that it is only a pre- endary Captain Josh Edwards. In 1942, an challenge here personally, but to present a tense, it is only expediency. And you cannot alert U.S. Coast Guardsman spotted four Ger- very different point of view. Her opinion, in trust to the mere sense of expediency to hold man spies, launched in a rubber boat by a my judgement, is directly at odds with the a man straight under heavy pressure.’’ (em- Nazi sub, landing at Amagansett. After a 15- most important lessions of American his- phasis added) day manhunt, all four would-be saboteurs tory. We do expect our public officials to be That was a lengthy quote. It consumed a role models and moral leaders. That expecta- were captured, and two more subsequently significant amount of time, but it also re- tion is neither naive nor unrealistic. flected a significant lesson in history. We executed for their crimes. Theodore Roosevelt was one of the truly can’t separate a president’s character from Springs is considered by many the artistic great presidents of the United States, a man his performance in office. Indeed, what he heart of the Hamptons. It most famour resi- whom I admire tremendously, a man nor- does in office finds its initial motivation in dent was the sublime American artist Jackson mally considered one of the five greatest the wellspring of his character. There is no Pollock. Located on Acobonac Harbor, the presidents in American history. In some such thing as character denizens of Springs were the original ways it’s unfortunate that President Theo- ‘‘compartmentalization.’’ ``Bonackers,'' formerly a derisive term, like dore Roosevelt has become almost a carica- The Constitutional powers that were as- calling some one a hick. Today, all East ture because he was a man of extraordinary signed to the Presidency were shaped, in Hamptonites proudly call themselves substance. That caricature often misleads us part, by the expectation of what type of per- in terms of the lessions that he had to teach. son would be elected Chief Executive. Let me Bonackers. Few of Long Island's many ham- Let me read to you, if I may, a quote from quote from a book by William Peters, A lets have retained their historical charm as Theodore Roosevelt on the subject of char- More Perfect Union: the Story of the Con- well as Wainscott, in the southwest corner of acter and politics: ‘‘Sometimes, I hear our stitutional Convention. Fifty-five delegates East Hampton. Where else do students still go countrymen abroad saying, ‘Oh you mustn’t at various times over the summer of 1787 to school in a one-room schoolhouse. judge us by our politicians.’ I always wanted gathered in Philadelphia (not very far from E1928 CONGRESSIONAL RECORD — Extensions of Remarks October 6, 1998 where we meet today) in order to define the tradition as he went along . . . The Presi- no small part thanks to the efforts of Presi- Constitution, the structure of government dency is the focus for the most intense and dent Clinton, you need only administer and under which we today remain privileged to persistent emotions of the American polity. command. There are certain powers granted live. When it came time to define the Presi- The president is a symbolic leader, the one to a president under Article II of the Con- dency under Article II of the Constitution, figure who draws together the people’s hopes stitution. Those powers have been enhanced political power was assigned to the executive and fears for the political future. On top of by subsequent legislation enacted by the office with a clear-cut expectation of the all of his routine duties, he has to carry that Congress. Those are the levers of authority personal moral decency, the integrity, the off or fail.’’ (emphasis added) that are the president’s by virtue of his kind of character that each president would Richard Neustadt is probably the most elected position. But during a period of na- bring to the decision-making process. highly acclaimed, perhaps the best respected tional crisis, a president can’t merely admin- This is from A More Perfect Union: ‘‘[At presidential scholar in the United States. He ister and command, he must lead and in- the Constitutional Convention,] Dr. Franklin was writing of the president’s professional spire. The Civil War, World War I, World War rose to express his agreement, and in doing reputation when he drafted the following II, The Great Depression and the 20th Cen- so made clear his belief that Washington words in his classic work, On Presidential tury Civil Rights Movement all demanded a would be the Country’s first executive. ‘The Power: ‘‘The professional reputation of a substantial level of applied, not merely rhe- first man put at the helm will be a good one,’ president in Washington is made or altered torical presidential character. None of these he said, ‘nobody knows what sort may come by the man himself. No one can guard it for challenges could possibly have been met afterwards.’ This expectation that Washing- him, no one saves him from himself. Every- merely by a series of dry presidential posi- ton would be the first at the helm was in fact thing he personally says and does (or fails to tion papers. That is why Franklin Roosevelt shared by most if not all of the delegates and say, omits to do), becomes significant in ev- stated that ‘‘(the presidency) is pre- it influenced not only the way they envi- eryone’s appraisal regardless of the claims of eminently a place of moral leadership.’’ sioned the future presidency but the powers his officialdom for his words. His own ac- We don’t expect sainthood from our presi- they were willing to assign to that office. As tions provide clues not only to his personal dents. I know very few saints in public life. Pierce Butler, one of the delegates, would proclivities, but to forecast an asserted in- I suppose there are a few, but I have not met write to a relative in England a year later, fluence of those around him. . . . A president many of them. We expect ordinary people in the powers of the President ‘are full, great runs the risk by being personally responsible times of crisis to rise to the challenge of su- and greater than I was disposed to make for his own reputation.’’ (emphasis added) perior leadership based on patriotism and them, nor do I believe that they would have Let me make it clear, in my judgment no moral decency, where the contribution they been so great had not many of the members candidate for president should be required to make may even be beyond their own expecta- cast their eyes toward George Washington, pass through a star-chamber of inquisition tions. Perfection is not the standard, but who was the presiding officer, as president concerning matters of genuine privacy, most neither should we abandon the fundamental and shape their ideas of the powers to be especially in areas of past sexual activity; test of character in determining who shall given a president by their opinions of his vir- but to respect privacy does not require that lead us as a people and as a nation. tue.’ ’’ (emphasis added) we abandon character, rationalize mis- During the past few minutes, I have spoken When the Constitution was written, those conduct, or accept an imaginary on presidential character and the vital role who gathered to draft Article II realized full compartmentalization of a president’s moral it plays in the process of shaping and imple- well what an extraordinary man George judgement and his stated public policies. menting our nation’s public policies. In the Washington was. And while I doubt that they We have, I think at most times, a healthy closing minutes of my presentation, I want expected every subsequent president of the understanding of privacy even with regard to to apply the concept of presidential char- United States to have the character of our the presidency. Herbert Hoover, with some acter to the troubling, genuinely dishearten- first, they did, indeed, have an expectation— sense of frustration and certainly with a ing presidential misconduct which will soon one that we must realize in succeeding gen- sense of humor, said in May 1947, ‘‘there are be brought before the Congress of the United erations—that presidents of the United only two occasions when Americans respect States. States would certainly possess ‘‘virtue’’ per- privacy, especially the president’s—those are I want my strong criticism of President haps not of the magnitude possessed by prayer and fishing.’’ Now I suspect that the Clinton to be placed in context. I voted for George Washington, but that, at a minimum, scope of privacy is a little bit broader than President Clinton in 1992 and 1996. I believed there would be decent men and women who that. I like to believe that it is. Biographical him to be the ‘‘Man from Hope’’ as he was would later occupy that office and bring to it profiles sufficient to evaluate a candidate’s depicted in 1992. As a member of Congress, I at least a sense of integrity paralleling that character need not contain salacious detail. voted for more than three-fourths of the of our first President. And clearly when they A legitimate requirement that we evaluate President’s legislative agenda and would do defined the powers of the office, powers that the whole candidate—his temperament, hon- so again. I have strongly supported President would exist long after the presidency of esty, demonstrated decency and public pol- Clinton’s proposals in such areas as Social George Washington, they had the expecta- icy positions need not and ought not be used Security reform, child care, environmental tion of ‘‘character’’ as a permanent element to rationalize the journalists’ equivalent of a protection, campaign finance and the con- of leadership resident within the office of the ‘‘Peeping Tom.’’ Responsible reporters and a tinuing effort to curb the tobacco industry president of the United States. tolerant citizenry usually know where to and discourage teenage smoking. My blunt Let me read to you briefly two other draw the line. criticism of the President has nothing to do quotes from presidential scholars who speak Unfortunately, by claiming the right of with policy. The President has always treat- far more eloquently than I can about these privacy to shield an immoral predatory rela- ed me with courtesy and respect and he has subjects. The first is James Barber, who has tionship, a relationship between the presi- been more than responsive to the concerns of written extensively on presidential char- dent and a twenty-two-year-old intern con- my constituents. I do not feel a shred of ani- acter: ‘‘When a citizen votes for a presi- ducted in the Oval Office and subsequently mosity toward the president of the United dential candidate, he makes in effect a pre- denied under oath, President Clinton has States. Unfortunately, he is an exceptionally diction. He chooses from among the contend- damaged the genuine right of privacy which bright man who is now guilty of extraor- ers the one he thinks, or feels, or guesses many of us defend, the right to be let alone dinary misconduct. would be the best president. He operates in a as defined one hundred years ago by Louis I must tell you, in complete candor, that I situation of immense uncertainty. . . . He Brandeis. am saddened and dismayed by his actions. I must choose in the midst of a cloud of confu- The demand for character is not constant now have an obligation as a member of the sion, a rain of phony advertising, a storm of in a president or in any other office-holder. United States Congress to evaluate that con- sermons, a hail of complex issues, a fog of I have had the privilege to serve in public of- duct not as a puritan, but as an elected rep- charisma and boredom and a thunder of ac- fice for about a decade and a half. I have resentative with duties of my own under Ar- cusation and defense . . . to understand what been involved in political activity for almost ticle I of the Constitution, to hold this presi- actual presidents do and what potential two decades. There are some days when there dent accountable, as I would hope every Con- presidents might do, the first need is to see are not a lot of pressures upon you in public gress would hold any president accountable the man whole . . . as a human being like life. There are days when you simply go for misconduct of this nature. Finally, I also the rest of us a person trying to cope with a about the business of serving the people and want to note that in my judgment Kenneth difficult environment. To that task he brings you don’t have to struggle on that particular Starr was wrongly appointed as independent his own character, his own view of the world, day with your conscience, you don’t have to counsel, possessing a background far too par- his own political style. . . . If we can see the reach for moral courage. Those are the rou- tisan and demonstrating personal political pattern he has set for his political life, we tine days of political life for a Member of ambition inconsistent with the neutral role can, I contend, estimate much better his pat- Congress—a public servant and ordinary citi- of a special prosecutor. Nonetheless, only the tern as he confronts the stresses and the zen. President is ultimately responsible for his chances of the presidency.’’ However, there are other days which prove own reprehensible and tragic misbehavior. ‘‘The presidency,’’ he went on to say, ‘‘is a to be much more challenging for a Member Unfortunately, the President’s proven mis- peculiar office.’’ James Barber continued: of Congress, and similarly, for the president conduct has now made immaterial my past ‘‘The Founding Fathers left it extraor- of the United States. During periods of rel- support or my agreement with him on issues. dinarily loose in definition partly because ative tranquility and prosperity, such as we Last January 17th, the president of the they trusted George Washington to invest a have enjoyed during most of this decade in United States attempted to cover-up a sordid CONGRESSIONAL RECORD — Extensions of Remarks E1929 and irresponsible relationship by repeated ful. That is the linchpin of our legal system’s data for the rule of law? For our country’s deceit under oath. Contrary to his later pub- search for justice. sake, I hope not. But if we sweep this aside, lic statement, his answers were not ‘‘legally I have had the privilege to serve in public that is the precedent that we will inevitably accurate,’’ they were intentionally and bla- life at the local, state and federal level. I establish. All of us, I think, have been re- tantly false. President Clinton was untruth- started out on the Planning Commission of pelled by the detail of reporting in terms of ful at length and untruthful in detail. He al- the Borough of Fountain Hill, served in the the President’s specific activity. I have lowed his lawyer to make arguments to the state legislature and have now represented heard all that I need to hear. court based upon an affidavit that the Presi- you for three terms in the Congress of the But if we are so repelled by the facts as dent knew to be false. The President was United States. I have voted thousands and they have now become known that we push present in the room at the time when his thousands of times over the last twenty this presidential misconduct aside, I assure lawyer made those unethical arguments to a years, but I tell you from personal experi- you that twenty-five, fifty, one hundred federal judge who was also physically ence that the venue where the law really years from now there may well be some present. The President later lied to the takes on meaning is in the courtroom. We other temporarily popular president of the American people and belatedly admitted the can vote for magnificent pieces of legislation United States who will choose to violate his truth only when confronted, some seven in the Congress of the United States, but it oath of office and perhaps provide false testi- months later, by a mountain of irrefutable, is only when that law enters the courtroom mony to a court believing and relying on the conflicting evidence. I am convinced that the that it takes on true meaning for the indi- precedent that if you are popular enough, President would otherwise have allowed his vidual citizen. Whether it’s a custody mat- somehow you are different from and superior false testimony to stand in perpetuity. Judge ter, a domestic relations conflict, a contract to your fellow citizens, that somehow you Susan Weber Wright may yet hold the Presi- dispute, an accusation of criminal mis- too may be excused when you lie under oath. dent in contempt of court. If the President conduct, it is in the courtroom that life en- That is a dangerous precedent we can ill af- avoids a perjury conviction he will be lucky, ters the law. I see Tom Murphy seated in the ford to set as a nation. It is a precedent that audience, one of our District Justices. Tom not innocent. would ominously outlive every person in this is a former police officer and, I’m confident, What is at stake, my fellow citizens, is room. fully understands what I am saying. You can really the rule of law. When the President We cannot define the President’s char- pass a great bill in Washington, but if you acter—he correctly noted that reality a few took an oath to tell the truth, he was no dif- are unable to equitably enforce it because in- ferent at that point from any other citizen, dividual witnesses are untruthful under weeks ago. He alone has that power and that both as a matter of morality and as a matter oath, then the courtroom becomes a sham. responsibility. But we must define our na- of legal obligation. We cannot excuse that Nothing is more important to our demo- tion’s. That is the challenge that we face kind of misconduct because we happen to be- cratic system of government than the obliga- today. long to the same party as the president or tion of citizens to tell the truth when the I have had the opportunity on many occa- agree with him on issues or feel tragically law is applied to a given set of facts. sions, particularly during this presidency, that the removal of the president from office Having deliberately provided false testi- but also on a few occasions beforehand to would be enormously painful for the United mony under oath the President, in my judg- visit the White House. I would encourage you States of America. The question is whether ment, forfeited his right to office. It was to do that. If you can enter the White House or not we will stand true to the rule of law. with a deep sense of sadness that I called for and not be inspired, you have a tougher set The question is whether or not we will say to his resignation. By his own misconduct, the of emotions that I do. Every time I enter all our citizens, including the president of President displayed his character and de- that building and the one where I work, the the United States, when you take an oath fined it badly. His actions were not ‘‘inappro- Capitol, I am overwhelmed by the sense of you must keep it. It was four centuries ago priate.’’ They were predatory, reckless, history and the obligation that that history that Sir Thomas More gave up his life rather breathtakingly arrogant for a man already a imposes on us, we who serve today. than swear to a false oath. Now perhaps defendant in a sexual harassment suit, On many occasions, I have spent time in that’s the saintly ideal, but we ought not whether or not that suit was politically mo- the White House State Dining Room. I think abandon our nation’s historic commitment tivated. In light of his own misconduct, how it was on my first visit to that dining room, to the sanctity of the judicial oath, based can this President now speak with moral au- probably on the public tour, that I noticed upon the dangerous rationale that we are all thority on issues such as teenage pregnancy, that there is in that room a wonderful fire- less than perfect. male responsibility for children born out of place and carved into the mantle of that fire- As we gather here today, eight blocks from wedlock and the duty to treat women with place, a prayer. The prayer goes back to the where I live, my wife is on jury duty in dignity, equality and not merely as objects days of John Adams who first voiced it on Philadelphia. Kathy was called to jury duty for male gratification? How can he lead, not November 2, 1800, nearly two hundred years in federal court. She, right now, is sitting in merely command, our men and women in ago. His prayer remains centrally relevant to a courtroom in Philadelphia hearing a sexual uniform, knowing that his actions would in a the issue of character and politics today. harassment case. She and her fellow jurors military environment result in a court mar- John Adams’ prayer for those who would will have the legitimate expectation that tial? How could I defend the President know- later occupy the White House may be read every witness who comes before the court ing that I would fire an employee under simi- upon the mantle as follows: ‘‘I pray Heaven will, to the best of his or her ability, tell the lar circumstances? bestow the best of blessings on this House truth. There may indeed be mistakes in And if in disgust or dismay, we were to and all that shall hereafter inhabit it. May recollection; nobody’s memory is perfect. sweep aside the President’s immoral and ille- none but honest and wise men ever rule But Kathy and every other juror will nec- gal conduct, what dangerous precedent under this roof.’’ essarily conclude, in the absence of conflict- would we set for the abuse of power by some John Adams was wrong in his gender limi- ing evidence, that the facts presented by wit- future president of the United States? And tation, but he was unquestionably right in nesses in testimony under oath will be truth- are we really prepared to substitute polling his eternal hope. Tuesday, October 6, 1998 Daily Digest

HIGHLIGHTS Senate agreed to Agriculture Appropriations, 1999 Conference Report. The House agreed to the conference report on H.R. 4194, VA, HUD Appropriations. Senate Report to accompany S. 2151, to clarify Federal Chamber Action law to prohibit the dispensing or distribution of a Routine Proceedings, pages S11529–S11642 controlled substance for the purpose of causing, or Measures Introduced: Eleven bills and two resolu- assisting in causing, the suicide, euthanasia, or mercy tions were introduced, as follows: S. 2552–2562, S. killing of any individual. (S. Rept. No. 105–372) Con. Res. 124, and S. Res. 288. Page S11582 S. 2402, to direct the Secretary of Agriculture to convey certain lands in San Juan County, New Mex- Reports were made as follows: Measures Reported: ico, to San Juan College, with an amendment in the S. 1404, to establish a Federal Commission on nature of a substitute. Statistical Policy to study the reorganization of the S. 2413, to provide for the development of a man- Federal statistical system, to provide uniform safe- agement plan for the Woodland Lake Park tract in guards for the confidentiality of information acquired Apache-Sitgreaves National Forest in the State of Ar- for exclusively statistical purposes, and to improve izona reflecting the current use of the tract as a pub- the efficiency of Federal statistical programs and the lic park, with amendments. quality of Federal statistics by permitting limited sharing of records among designated agencies for sta- S. 2458, to amend the Act entitled ‘‘An Act to tistical purposes under strong safeguards, with an provide for the creation of the Morristown National amendment in the nature of a substitute. (S. Rept. Historical Park in the State of New Jersey, and for No. 105–367) other purposes’’ to authorize the acquisition of prop- erty known as the ‘‘Warren Property’’. Report to accompany S. 2117, to authorize the construction of the Perkins County Rural Water Sys- S. 2513, to transfer administrative jurisdiction tem and authorize financial assistance to the Perkins over certain Federal land located within or adjacent County Rural Water System, Inc., a nonprofit cor- to Rogue River National Forest and to clarify the poration, in the planning and construction of the authority of the Bureau of Land Management to sell water supply system. (S. Rept. No. 105–368) and exchange other Federal land in Oregon. Report to accompany S. 744, to authorize the con- Pages S11581±82 struction of the Fall River Water Users District Measures Passed: Rural Water System and authorize financial assist- Reading Excellence Act: Senate passed H.R. ance to the Fall River Water Users District, a non- 2614, to improve the reading and literacy skills of profit corporation, in the planning and construction children and families by improving in-service in- of the water supply system. (S. Rept. No. 105–369) structional practices for teachers who teach reading, Report to accompany S. 736, to convey certain to stimulate the development of more high-quality real property within the Carlsbad Project in New family literacy programs, to support extended learn- Mexico to the Carlsbad Irrigation District. (S. Rept. ing-time opportunities for children, and to ensure No. 105–370) that children can read well and independently not S. 2238, to reform unfair and anticompetitive later than third grade, after agreeing to a committee practices in the professional boxing industry, with an amendment in the nature of a substitute, and the amendment in the nature of a substitute. (S. Rept. following amendment proposed thereto: No. 105–371) Pages S11533±39 D1104 October 6, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1105 Jeffords Amendment No. 3740, in the nature of Adopted: a substitute. Pages S11536±39 McCain (for Frist) Amendment No. 3743, author- Judicial Anti-Nepotism: Senate passed S. 1892, izing funds for a grant to Portland State University to provide that a person closely related to a judge in Portland, Oregon, to establish the Oregon Insti- of a court exercising judicial power under article III tute of Public Service and Constitutional Studies at of the United States Constitution (other than the Su- the Mark O. Hatfield School of Government. preme Court) may not be appointed as a judge of Page S11577 Rejected: the same court. Pages S11578±79 Graham Amendment No. 3729, to require a Library of Congress Bicentennial Commemora- supermajority of both Houses to extend the morato- tive Coin Act: Committee on Banking, Housing, rium. (By 83 yeas to 15 nays (Vote No. 299), Senate and Urban Affairs was discharged from further con- tabled the amendment.) Pages S11572±75 sideration of H.R. 3790, to require the Secretary of Bumpers/Graham Amendment No. 3742, to re- the Treasury to mint coins in commemoration of the quire persons selling tangible personal property via bicentennial of the Library of Congress, and the bill the Internet to disclose to purchasers that they may was then passed, clearing the measure for the Presi- be subject to State and local sales and use taxes on dent. Page S11638 the purchases. (By 71 yeas to 27 nays (Vote No. Consumer Reporting Employment Clarification 300), Senate tabled the amendment.) Pages S11575±76 Act: Senate passed S. 2561, to amend the Fair Credit Senate will vote on a motion to close further de- Reporting Act with respect to furnishing and using bate on the bill on Wednesday, October 7, 1998. consumer reports for employment purposes. VA/HUD Appropriations, 1999 Conference Re- Pages S11638±39 port—Agreement: A unanimous-consent time- Migratory Bird Hunting and Conservation agreement was reached providing for the consider- Stamp Promotion Act: Senate passed H.R. 4248, to ation of the conference report on H.R. 4194, making authorize the use of receipts from the sale of the Mi- appropriations for Departments of Veterans Affairs gratory Bird Hunting and Conservation Stamps to and Housing and Urban Development, and for sun- promote additional stamp purchases, clearing the dry independent agencies, boards, commissions, cor- porations, and offices for the fiscal year ending Sep- measure for the President. Page S11639 tember 30, 1999, with a vote to occur thereon. National Fish and Wildlife Foundation Author- Page S11642 ization: Senate passed S. 2095, to reauthorize and amend the National Fish and Wildlife Foundation Nominations—Agreement: A unanimous-consent Establishment Act, after withdrawing the committee time-agreement was reached providing for the con- amendments and agreeing to the following amend- sideration of the nomination of William A. Fletcher, of California, to be United States Circuit Judge for ment proposed thereto: Pages S11639±42 the Ninth Circuit, with a vote to occur thereon, and Snowe (for Chafee) Amendment No. 3749, in the to consider the nominations of H. Dean Buttram, nature of a substitute. Pages S11640±41 Jr., and Inge Prytz Johnson, each to be a United Agriculture Appropriations, 1999—Conference States District Judge of the Northern District of Report: By 55 yeas to 43 nays (Vote No. 298), Sen- Alabama, and Robert Bruce King, of West Virginia, ate agreed to the conference report on H.R. 4101, to be United States Circuit Judge for the Fourth making appropriations for Agriculture, Rural Devel- Circuit. Page S11577 opment, Food and Drug Administration, and Relat- Nominations Received: Senate received the follow- ed Agencies for the fiscal year ending September 30, ing nominations: 1999, clearing the measure for the President. Kay Kelley Arnold, of Arkansas, to be a Member Pages S11545±69 of the Board of Directors of the Inter-American Internet Tax Freedom Act: Senate resumed consid- Foundation for a term expiring October 6, 2004. eration of S. 442, to establish a national policy Donnie R. Marshall, of Texas, to be Deputy Ad- against State and local government interference with ministrator of Drug Enforcement. interstate commerce on the Internet or interactive Jose Antonio Perez, of California, to be United computer services, and to exercise Congressional ju- States Marshal for the Southern District of California risdiction over interstate commerce by establishing a for the term of four years. Page S11642 moratorium on the imposition of exactions that Messages From the House: Pages S11580±81 would interfere with the free flow of commerce via the Internet, taking action on amendments proposed Executive Reports of Committees: Page S11582 thereto, as follows: Pages S11572±77 Statements on Introduced Bills: Pages S11582±85 D1106 CONGRESSIONAL RECORD — DAILY DIGEST October 6, 1998

Additional Cosponsors: Page S11586 S. 2402, to direct the Secretary of Agriculture to Amendments Submitted: Pages S11588±S11629 convey certain lands in San Juan County, New Mex- ico, to San Juan College, with an amendment in the Authority for Committees: Pages S11629±30 nature of a substitute; Additional Statements: Pages S11630±38 S. 2413, to provide for the development of a man- Record Votes: Three record votes were taken today. agement plan for the Woodland Lake Park tract in (Total—300) Pages S11569, S11575±76 Apache-Sitgreaves National Forest in the State of Ar- izona reflecting the current use of the tract as a pub- Recess: Senate convened at 9:30 a.m., and recessed lic park, with amendments; at 7:14 p.m., until 9:30 a.m., on Wednesday, Octo- S. 2513, to transfer administrative jurisdiction ber 7, 1998. (For Senate’s program, see the remarks over certain Federal land located within or adjacent of the Acting Majority Leader in today’s Record on to Rogue River National Forest and to clarify the page S11642.) authority of the Bureau of Land Management to sell and exchange other Federal land in Oregon; and Committee Meetings S. 2458, to amend the Act entitled ‘‘An Act to provide for the creation of the Morristown National (Committees not listed did not meet) Historical Park in the State of New Jersey, and for NATIONAL SECURITY other purposes’’ to authorize the acquisition of prop- erty known as the ‘‘Warren Property’’. Committee on Armed Services: Committee concluded hearings to examine worldwide threats facing the ACID DEPOSITION CONTROL United States and potential United States operational Committee on Environment and Public Works: Sub- and contingency requirements, after receiving testi- committee on Clean Air, Wetlands, Private Property mony from William S. Cohen, Secretary of Defense; and Nuclear Safety concluded hearings on S. 1097, and Gen. Henry H. Shelton, USA, Chairman, Joint to reduce acid deposition under the Clean Air Act, Chiefs of Staff. after receiving testimony from Senator D’Amato; CHILDREN’S DEVELOPMENT COMMISSION Representative Solomon; Brian J. McLean, Director, ACT Acid Rain Division, Office of Air and Radiation, En- Committee on Banking, Housing, and Urban Affairs: vironmental Protection Agency; Edward Kropp, Committee concluded hearings on S. 2178, to amend West Virginia Department of Environmental Protec- the National Housing Act to authorize the Secretary tion, Charleston; Bernard Melewski, Adirondack of Housing and Urban Development to insure mort- Council, Albany, New York; and William F. Tyn- gages for the acquisition, construction, or substantial dall, Cinergy Corporation, Cincinnati, Ohio. rehabilitation of child care and development facilities BALLISTIC MISSILE THREAT and to establish the Children’s Development Com- mission to certify such facilities for such insurance, Committee on Foreign Relations: Committee concluded after receiving testimony from Senator Kohl; Rep- hearings to examine a report on the nature and ex- resentatives Maloney and Baker; Mildred Kiefer tent of the existing and emerging ballistic missile Wurf, on behalf of the Girls Incorporated and the threat to the United States, after receiving testimony National Collaboration for Youth, and Melinda from Donald H. Rumsfeld, former Secretary of De- Green, National Black Child Development Institute, fense, Barry M. Blechman, former Assistant Director both of Washington, D.C.; Faith Wohl, Child Care for Weapons Evaluation and Control, U.S. Arms Action Campaign, New York, New York; and Control and Disarmament Agency, and William Cheryl Luce, Boothwyn, Pennsylvania. Robert Graham, former Director, Office of Science and Technology Policy, and former Deputy Adminis- BUSINESS MEETING trator, National Aeronautics and Space Administra- Committee on Energy and Natural Resources: Committee tion, all on behalf of the Commission to Assess the ordered favorably reported the following business Ballistic Missile Threat to the United States (Rums- items: feld Commission). The nominations of David Micaela, of New York, to be Assistant Secretary for Environment, Safety and NOMINATIONS Health, and Rose Eileen Gottemoeller, of Virginia, Committee on Governmental Affairs: Committee con- to be Assistant Secretary for Non-Proliferation and cluded hearings on the nomination of Sylvia M. Mat- National Security, both of the Department of En- hews, of West Virginia, to be Deputy Director of ergy, and Eljay B. Bowron, of Michigan, to be In- the Office of Management and Budget, after the spector General, Department of the Interior; nominee, who was introduced by Senators Byrd and October 6, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1107 Rockefeller, testified and answered questions in her of Pennsylvania, Alex R. Munson, to be a Judge for own behalf. the District Court for the Northern Mariana Islands, and Francis M. Allegra, of Virginia, Lawrence COAL ACT Baskir, of Maryland, Lynn Jeanne Bush, of the Dis- Committee on Governmental Affairs: Subcommittee on trict of Columbia, Edward J. Damich, of Virginia, Oversight of Government Management, Restructur- and Nancy B. Firestone, of Virginia, each to be a ing, and the District of Columbia concluded over- Judge of the United States Court of Federal Claims, sight hearings to examine the implementation of the after the nominees testified and answered questions Coal Industry Retiree Health Benefit Act of 1992 in their own behalf. Messrs. Hibbler and Kennelly (Coal Act), focusing on the financial status of the were introduced by Senator Durbin, Ms. Kane was funding of health benefits for retired coal miners and introduced by Senators Specter and Santorum, Mr. how the recent Supreme Court ruling in Eastern En- Munley was introduced by Senators Specter and terprises v. Apfel will impact on the financial manage- Santorum and Representative McDade, Mr. Munson ment of the United Mine Workers of America’s was introduced by Northern Mariana Islands Resi- Combined Benefit Fund, after receiving testimony dent Representative Juan Babauta, Messrs. Allegra from Senators Rockefeller and Conrad; Kathy and Damich and Ms. Firestone were introduced by Karpan, Director, Office of Surface Mining, Rec- Senator Robb, Mr. Baskir was introduced by Senator lamation and Enforcement, Department of the Inte- Sarbanes, and Ms. Bush was introduced by District rior; and Marilyn O’Connell, Associate Commissioner of Columbia Delegate Eleanor Holmes Norton. for Program Benefits, Social Security Administration. BUSINESS MEETING NOMINATIONS Committee on Veterans Affairs: Committee ordered fa- Committee on the Judiciary: Committee concluded vorably reported the nominations of Leigh A. Brad- hearings on the nominations of William J. Hibbler ley, of Virginia, to be General Counsel, Eligah Dane and Matthew F. Kennelly, each to be a United States Clark, of Alabama, to be Chairman of the Board of District Judge for the Northern District of Illinois, Veterans’ Appeals, and Edward A. Powell, Jr., of Yvette Kane and James M. Munley, each to be a Virginia, to be Assistant Secretary for Management, United States District Judge for the Middle District all of the Department of Veterans Affairs. h House of Representatives Conference report on H.R. 3874, to amend the Chamber Action Child Nutrition Act of 1966 to make improvements Bills Introduced: 7 public bills, H.R. 4705–4711, to the special supplemental nutrition program for were introduced. Page H9722 women, infants, and children and to extend the au- Reports Filed: Reports were filed today as follows: thority of that program through fiscal year 2003 (H. H.R. 1842, to terminate further development and Rept. 105–786); implementation of the American Heritage Rivers H.R. 3610, to authorize and facilitate a program Initiative (H. Rept. 105–781); to enhance training, research and development, en- H.R. 3087, to require the Secretary of Agriculture ergy conservation and efficiency, and consumer edu- to grant an easement to Chugach Alaska Corpora- cation in the oilheat industry for the benefit of tion, amended (H. Rept. 105–782); oilheat consumers and the public (H. Rept. 105–787 H.R. 2756, to authorize an exchange of property Part 1); and between the Kake Tribal Corporation and the Conference report on S. 2206, to amend the Head Sealaska Corporation and the United States, amended Start Act, the Low-Income Home Energy Assistance (H. Rept. 105–783); Act of 1981, and the Community Services Block H.R. 3088, to amend the Alaska Native Claims Grant Act to reauthorize and make improvements to Settlement Act, regarding Huna Totem Corporation those Acts, to establish demonstration projects that public interest land exchange (H. Rept. 105–784); provide an opportunity for persons with limited H.R. 4389, to provide for the conveyance of var- means to accumulate assets (H. Rept. 105–788). ious reclamation project facilities to local water au- Pages H9680±H9719, H9722 thorities, amended (H. Rept. 105–785); D1108 CONGRESSIONAL RECORD — DAILY DIGEST October 6, 1998 Speaker Pro Tempore: Read a letter from the Rejected: Speaker wherein he designated Representative Bass The Cummings amendment in the nature of a to act as Speaker pro tempore for today. Page H9593 substitute to authorize Haskell Indian Nations Uni- Recess: The House recessed at 9:07 a.m. and recon- versity in Lawrence, Kansas, and Southwestern In- vened at 10:00 a.m. Page H9594 dian Polytechnic Institute in Albuquerque, New Mexico to conduct personnel demonstration projects, Private Calendar: On the call of the Private Cal- stipulates oversight by the U.S. Office of Personnel endar, the House passed H.R. 1794, for the relief of Management, and requires that the projects will be Mai Hoa ‘‘Jasmine’’ Salehi; and H.R. 1834, for the subject to existing civil service procedures, including relief of Mercedes Del Carmen Quiroz Martinez retirement and benefit programs (rejected by a re- Cruz. The House passed over without prejudice S. corded vote of 181 ayes to 244 noes, Roll No. 485). 1304, for the relief of Belinda McGregor. Pages H9642±45 Pages H9594±95 H. Res. 576, the rule that provided for consider- VA, HUD Appropriations: The House agreed to ation of the bill, was agreed to by voice vote. the conference report on H.R. 4194, making appro- Pages H9628±29 priations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry Late Reports: Conference committees received per- independent agencies, boards, commissions, corpora- mission to have until midnight on October 6 to file tions, and offices for the fiscal year ending Septem- conference reports on H.R. 3874, to amend the ber 30, 1999, by a yea and nay vote of 409 yeas to Child Nutrition Act of 1966 to make improvements to the special supplemental nutrition program for 14 nays, Roll No. 483. Pages H9611±25 H. Res. 574, the rule waiving points of order women, infants, and children and to extend the au- against the conference report accompanying the bill, thority of that program through fiscal year 2003; was agreed to by voice vote. Pages H9597±H9611 and S. 2206, to amend the Head Start Act, the Low- Income Home Energy Assistance Act of 1981, and Commerce, Justice, State, Judiciary Appropria- the Community Services Block Grant Act to reau- tions: The House disagreed to the Senate amend- thorize and make improvements to those Acts, to es- ment to H.R. 4276, making appropriations for the tablish demonstration projects that provide an op- Departments of Commerce, Justice, and State, the portunity for persons with limited means to accumu- Judiciary, and related agencies for the fiscal year late assets. Page H9647 ending September 30, 1999, and agreed to a con- ference. Appointed as conferees: Representatives Consideration of Intelligence Authorization Con- Rogers, Kolbe, Taylor of North Carolina, Regula, ference Report: Agreed that on October 7, or any Latham, Livingston, Young of Florida, Mollohan, day thereafter, it may be in order to consider the Skaggs, Dixon, and Obey. Pages H9625±26 conference report on H.R. 3694, to authorize appro- Agreed to the Mollohan motion to instruct con- priations for fiscal year 1999 for intelligence and in- ferees to not concur in any Senate legislative provi- telligence-related activities of the United States Gov- sions or any extraneous legislative provisions, which ernment, the Community Management Account, and are outside the scope of Conference, which could the Central Intelligence Agency Retirement and Dis- have the effect of causing a government shutdown. ability System; that all points of order against the Pages H9625±26 conference report and against its consideration be waived; and that the conference report be considered Consideration of Certain Resolutions from Rules as read when called up. Page H9647 Committee: The House agreed to H. Res. 575, waiving a requirement of clause 4(b) of rule XI with Consideration of Suspensions: Pursuant to H. Res. respect to consideration of certain resolutions re- 575, agreed to consider the following measures ported from the Committee on Rules, was agreed to under suspension of the rules on Wednesday, Oct. 7: by a yea and nay vote of 218 yeas to 206 nays, Roll H.R. 4679, H.R. 3783, H.R. 8, H.R. 4657, H.R. No. 484. Pages H9626±28 4656, S. 2505, H.R. 2921, H.R. 4616, H.R. 2348, H. Con. Res. 331, S. 2022, S. 512, S. 1976, H.R. Haskell Indian Nations University and South- 804, and H.R. 4293. Page H9647 western Indian Polytechnic Institute Demonstra- tion Project: The House passed H.R. 4259, to allow Permitting Official Photographs: The House Haskell Indian Nations University and the South- agreed to H. Res. 577, permitting official photo- western Indian Polytechnic Institute each to conduct graphs of the House of Representatives to be taken a demonstration project to test the feasibility and while the House is in actual session. Page H9647 desirability of new personnel management policies Senate Messages: Messages received from the Senate and procedures. Pages H9629±46 today appear on pages H9593, H9647, and H9964. October 6, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1109 Referrals: S. 2505, to direct the Secretary of the In- DEPARTMENT OF ENERGY’S FOREIGN terior to convey title to the Tunnison Lab Hagerman VISITOR PROGRAM Field Station in Gooding County, Idaho, to the Uni- Committee on National Security: Subcommittee on Mili- versity of Idaho, was referred to the Committee on tary Procurement held a hearing on the Department Resources. Page H9719 of Energy’s Foreign Visitor Program. Testimony was Quorum Calls—Votes: Two yea and nay votes and heard from Keith O. Fultz, Assistant Comptroller one recorded vote developed during the proceedings General, Resources, Community and Economic De- of the House today and appear on pages H9625, velopment, GAO; and the following officials of the H9628, and H9644–45. There were no quorum Department of Energy: Elizabeth Moler, Deputy Sec- calls. retary; John C. Browne, Director, Los Alamos Na- Adjournment: The House met at 9 a.m. and ad- tional Laboratory; C. Paul Richardson, Director, journed at 9:25 p.m. Sandia National Laboratories; and C. Bruce Tarter, Director, Lawrence Livermore National Laboratory.

Committee Meetings TOHONO O’ODHAM RELIGIOUS AREA KYOTO PROTOCOL RESTORATION ACT Committee on Commerce: Subcommittee on Energy and Committee on Resources: Subcommittee on National Power held a hearing on The Kyoto Protocol: The Parks and Public Lands held a hearing on H.R. Outlook for Buenos Aires and Beyond. Testimony 4119, Tohono O’odham Religious Area Restoration was heard from Janet Yellen, Chair, Council of Eco- Act. Testimony was heard from Representative Pas- nomic Advisors; Melinda Kimble, Acting Assistant tor; Pat Shea, Director, Bureau of Land Management, Secretary, Oceans and International Environmental Department of the Interior; and public witnesses. and Scientific Affairs, Department of State; and pub- lic witnesses. OVERSIGHT—HIGH PERFORMANCE COMPUTING SUBPOENA—PORTALS INVESTIGATION Committee on Science: Subcommittee on Basic Research Committee on Commerce: Subcommittee on Oversight held an oversight hearing on High Performance and Investigations authorized the issuance of a sub- Computing. Testimony was heard from Neal Lane, poena duces tecum to Reed E. Hundt in connection Director, Office of Science and Technology Policy; with the Subcommittee’s ongoing Portals investiga- Joseph Bordogna, Acting Deputy Director, NSF; and tion. public witnesses. PORTALS INVESTIGATION TRANSPORTATION AND Committee on Commerce: Subcommittee on Oversight and Investigations continued hearings on the cir- INFRASTRUCTURE ISSUES RELATED TO cumstances surrounding the FCC’s planned reloca- Y2K PROBLEM tion to the Portals, including the efforts of Franklin Committee on Transportation and Infrastructure: Contin- L. Haney and his representatives with respect to this ued hearings to review Transportation and Infra- matter and the circumstances surrounding the pay- structure Issues related to the Year 2000 Computer ment of fees to those representatives. Testimony was Problem ‘‘Y2K: Will We Get There On Time?’’ heard from James R. Sasser, Ambassador to China; with emphasis on Highways, Pipelines and Public Franklin L. Haney, Franklin L. Haney Company; Buildings Issues. Testimony was heard from David Peter Knight and Jody Trapasso, both with Wunder, Barram, Administrator, GSA; from the following of- Knight, Levine, Thelen and Forscey. ficials of the Department of Transportation: Steven Hearings continue October 9. Van Beck, Deputy Administrator, Research and Spe- cial Projects Administration; and Gloria Jeff, Deputy TEAMSTERS’ STRIKE AT DIAMOND Administrator, Federal Highway Administration; WALNUT GROWERS—EFFORTS TO SETTLE Kathleen Hirning, Chief Information Officer, Federal Committee on Education and the Workforce: Subcommit- Energy Regulatory Commission, Department of En- tee on Oversight and Investigations held a hearing ergy; Michael Heyman, Secretary, Smithsonian Insti- on Efforts to Settle the Teamsters’ strike at Diamond tution; Alan Hantman, Architect of the Capitol; Walnut Growers, Inc. Testimony was heard from Kathy Hoftstedt, Year 2000 Project Manager, De- Michael Kantor, former U.S. Trade Representative; partment of Transportation, State of Minnesota; and Jennifer O’Connor, former White House Special As- public witnesses. sistant to the President; and public witnesses. Hearings continue tomorrow. D1110 CONGRESSIONAL RECORD — DAILY DIGEST October 6, 1998

Indiana, to be Director of the Office of Multifamily Joint Meetings Housing Assistance Restructuring, Department of Hous- AMERICAN LEGION ing and Urban Development, 9:30 a.m., SD–538. Committee on Environment and Public Works, to hold hear- Joint Hearing: Senate Committee on Veterans Affairs ings on the nominations of Isadore Rosenthal, of Pennsyl- concluded joint hearings with the House Committee vania, to be a Member of the Chemical Safety and Hazard on Veterans Affairs to examine the legislative rec- Investigation Board, and William Clifford Smith, of Lou- ommendations of the American Legion, after receiv- isiana, to be a Member of the Mississippi River Commis- ing testimony from Harold L. Miller, American Le- sion, 9:30 a.m., SD–406. gion, Washington, D.C. Committee on Foreign Relations, to hold hearings on the APPROPRIATIONS—TREASURY/POSTAL nominations of William B. Bader, of New Jersey, to be SERVICE Associate Director for Educational and Cultural Affairs of the United States Information Agency, Harold Hongju Conferees met to further resolve the differences be- Koh, of Connecticut, to be Assistant Secretary of State for tween the Senate- and House-passed versions of H.R. Democracy, Human Rights, and Labor, and C. David 4104, making appropriations for the Treasury De- Welch, of Virginia, to be Assistant Secretary of State for partment, the United States Postal Service, the Exec- International Organization Affairs, 10 a.m., SD–419. utive Office of the President, and certain Independ- Committee on Governmental Affairs, to hold hearings on ent Agencies, for the fiscal year ending September the nominations of Dana Bruce Covington, Sr., of Mis- 30, 1999, but did not complete action thereon, and sissippi, and Edward Jay Gleiman, of Maryland, each to recessed subject to the call. be a Commissioner of the Postal Rate Commission, and AUTHORIZATION—CHILD NUTRITION/ David M. Walker, of Georgia, to be Comptroller General WIC of the United States, General Accounting Office, 10 a.m., SD–342. Conferees agreed to file a conference report on the dif- Subcommittee on Oversight of Government Manage- ferences between the Senate- and House-passed ver- ment, Restructuring and the District of Columbia, to sions of H.R. 3874, to amend the Child Nutrition hold hearings to examine the implications of military Act of 1966 to make improvements to the special adultery standards, 2 p.m., SD–342. supplemental nutrition program for women, infants, Committee on the Judiciary, to hold hearings on the im- and children and to extend the authority of that pro- plementation of the Radiation Exposure Compensation gram through fiscal year 2003. Act, 2 p.m., SD–226. Committee on Indian Affairs, to hold hearings on H.R. AUTHORIZATION—INTELLIGENCE 1833, to amend the Indian Self-Determination and Edu- Conferees on Monday, October 5, agreed to file a con- cation Assistance Act to provide for further Self-Govern- ference report on the differences between the Senate- ance by Indian tribes, 9:30 a.m., SR–485. and House-passed versions of H.R. 3694, to author- Special Committee on the Year 2000 Technology Problem, to ize funds for fiscal year 1999 for intelligence and in- hold hearings to examine information technology readi- telligence-related activities of the United States Gov- ness of general business services for the Year 2000, 9:30 ernment, the Community Management Account, and a.m., SD–192. the Central Intelligence Agency Retirement and Dis- ability System. House f Committee on Commerce, hearing on the Implementation of the Food and Drug Administration Modernization Act NEW PUBLIC LAWS of 1997, 2 p.m., 2123 Rayburn. (For last listing of Public Laws, see DAILY DIGEST, p. D1067) Committee on International Relations, Subcommittee on H.R. 1856, to amend the Fish and Wildlife Act International Economic Policy and Trade, oversight hear- of 1956 to promote volunteer programs and commu- ing on Ex-Im Bank, 1:30 p.m., 2172 Rayburn. Committee on National Security, hearing on the state of nity partnerships for the benefit of national wildlife U.S. military forces and their ability to execute the Na- refuges. Signed October 5, 1998. (P.L. 105–242) tional military strategy, 10 a.m., 2118 Rayburn. f Committee on Resources, to consider a report concerning COMMITTEE MEETINGS FOR the Grand Staircase Escalante National Monument; to be WEDNESDAY, OCTOBER 7, 1998 followed by a hearing on H.R. 2822, Swan Creek Black River Confederated Ojibwa Tribes of Michigan Act, 1 (Committee meetings are open unless otherwise indicated) p.m., 1324 Longworth. Senate Committee on Science, oversight hearing on the Inter- national Space Station, The Administration’s Proposed Committee on Banking, Housing, and Urban Affairs, to Bail-Out for Russia, 10 a.m., 2318 Rayburn. hold hearings on the nomination of Ira G. Peppercorn, of October 6, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1111 Subcommittee on Basic Research and the Subcommit- Joint Meetings tee on Technology, joint oversight hearing on Transfer- ring the Domain Name System to the Private Sector: Pri- Joint Economic Committee, to hold hearings on proposals vate Sector Implementation of the Administration’s Inter- to stabilize the international economy, 10 a.m., 311 Can- net ‘‘White Paper’’, 2 p.m., 2318 Rayburn. non Building. Committee on Transportation and Infrastructure, to con- Conferees, on H.R. 1853, to amend the Carl D. Perkins tinue hearings to review Transportation and Infrastructure Vocational and Applied Technology Education Act, 3 Issues related to the Year 2000 Computer Problem p.m., SD–430. ‘‘Y2K: Will We Get There On Time?’’ 10 a.m., 2167 Rayburn. D1112 CONGRESSIONAL RECORD — DAILY DIGEST October 6, 1998

Next Meeting of the SENATE 2. H.R. 3783, Child Online Protection Act; 9:30 a.m., Wednesday, October 7 3. H.R. 2921, Multichannel Video Competition and Con- sumer Protection Act; Senate Chamber 4. H.R. 8, Border Smog Reduction Act; 5. S. 2505, To Convey Title to the Tunnison Lab Hagerman Program for Wednesday: After the transaction of any morn- Field Station in Gooding County, Idaho; ing business (not to extend beyond 10 a.m.), Senate will vote 6. S. 2094, Fish and Wildlife Revenue Enhancement Act of on the motion to proceed to the consideration of H.R. 10, Fi- nancial Services Act, following which Senate will vote on a mo- 1998; tion to close further debate on S. 442, Internet Tax Freedom 7. H.R. 2886, Granite Watershed Enhancement and Protec- Act. tion Act; Senate may also consider any conference reports or legislative 8. H.R. 3796, Rogue River National Forest; or executive items cleared for action. 9. H.R. 4616, Designating the Corporal Harold Gomez Post Office; 10. H.R. 2348, Designating the Mervyn Dymally Post Of- Next Meeting of the HOUSE OF REPRESENTATIVES fice Building; 11. S. 2022, Crime Identification Technology Act of 1998; 10 a.m., Wednesday, October 7 12. H.R. 4151, Identity Theft and Assumption Deterrence Act; House Chamber 13. S. 1976, Crime Victims With Disabilities Awareness Program for Wednesday: Consideration of H.R. 3694, Intel- Act; ligence Authorization Act for FY99 Conference Report (unani- 14. H.R. 804, Regarding Federal Funds Made Available to mous consent agreement, waiving points or order); Hire or Rehire Law Enforcement Officers; Consideration of H.R. 4570, Omnibus National Parks and 15. H.R. 4293, Cultural and Training Program for Individ- Public Lands Act of 1998 (modified closed rule, 1 hour of gen- uals from Northern Ireland and the Republic of Ireland; eral debate); 16. S. 53, Curt Flood Act; Consideration of 18 Suspensions: 17. S.J. Res. 51, Granting the Consent of Congress to the 1. H.R. 4679, Antimicrobial Regulation Technical Correc- Potomac Highlands Airport Authority Compact; and tions Act of 1998; 18. S. 1021, Veterans Employment Opportunities Act.

Extensions of Remarks, as inserted in this issue

HOUSE Dreier, David, Calif., E1926 Kleczka, Gerald D., Wisc., E1918, E1920 Sensenbrenner, F. James, Jr., Wisc., Etheridge, Bob, N.C., E1915, E1916 Lazio, Rick, N.Y., E1925 E1920 Ackerman, Gary L., N.Y., E1925 Fazio, Vic, Calif., E1914, E1915, E1916, McHale, Paul, Pa., E1927 Serrano, Jose´ E., N.Y., E1926 Barcia, James A., Mich., E1924 E1919 Neal, Richard E., Mass., E1914, E1916 Shadegg, John B., Ariz., E1923 Bentsen, Kenneth E., Jr., Tex., E1924 Forbes, Michael P., N.Y., E1926 Oberstar, James L., Minn., E1917, E1921 Skelton, Ike, Mo., E1920 Berman, Howard L., Calif., E1919 Franks, Bob, N.J., E1924 Packard, Ron, Calif., E1916 Souder, Mark E., Ind., E1918 Bilbray, Brian P., Calif., E1916, E1920 Gingrich, Newt, Ga., E1913 Rahall, Nick J., II, West Va., E1919 Taylor, Charles H., N.C., E1922 Bonilla, Henry, Tex., E1926 Hayworth, J.D., Ariz., E1925 Rangel, Charles B., N.Y., E1921 Towns, Edolphus, N.Y., E1913, E1915 Diaz-Balart, Lincoln, Fla., E1923 Hinojosa, Rube´n, Tex., E1925 Regula, Ralph, Ohio, E1924

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