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

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

Vol. 144 WASHINGTON, MONDAY, OCTOBER 12, 1998 No. 144 House of Representatives The House met at 12:30 p.m. and was WASHINGTON, DC, nize Members from lists submitted by called to order by the Speaker pro tem- October 12, 1998. the majority and minority leaders for I hereby designate the Honorable EDWARD pore (Mr. PEASE). morning hour debates. The Chair will A. PEASE to act as Speaker pro tempore on alternate recognition between the par- this day. f NEWT GINGRICH, ties, with each party limited to 30 min- Speaker of the House of Representatives. utes, and each Member, except the ma- DESIGNATION OF SPEAKER PRO f jority leader, the minority leader, or TEMPORE the minority whip, limited to 5 min- MORNING HOUR DEBATES utes. The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Pursu- The Chair recognizes the gentleman fore the House the following commu- ant to the order of the House of Janu- from Pennsylvania (Mr. GOODLING) for nication from the Speaker: ary 21, 1997, the Chair will now recog- 5 minutes.

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H10561

. H10562 CONGRESSIONAL RECORD — HOUSE October 12, 1998 ACCOMPLISHMENTS OF CONGRESS Forty percent of the excess cost. In rocketing with all the tragic con- REGARDING EDUCATION MATTERS other words, 40 percent of what it costs sequences down the road. Mr. GOODLING. Mr. Speaker, why to educate a special ed student beyond Then the insurance industry. They all the political rhetoric on education what it costs to educate a regular stu- provided quite a few jets that after- this past week? And to make sure ev- dent. Sometimes that is twice as ex- noon because they had a real big one erybody understands, the people back pensive, sometimes ten times as expen- they wanted to kill. Tens of millions of home understand, that is exactly what sive. Americans are in what are called it is, political rhetoric. But why all Well, let me show you what it would HMOs, health maintenance organiza- this political rhetoric in the last week mean to school districts if as a matter tions. What we found out about these about education? of fact they got their 40 percent. Mem- HMOs is that they save money by de- Well, I think there are probably four bers representing large cities should nying Americans and their families and reasons. First of all, it is a diversion- have been on this year after year after loved ones needed care. The insurance ary tactic. I think no one would deny year. The only person I could interest bureaucrats will deny your doctor, will that. I suppose I can understand it, ex- on the other side of the aisle over the deny you a referral to a specialist, so cept it bothers me that children are years was the gentleman from Michi- that they can fatten their bottom line. used in this diversionary tactic. gan (Mr. KILDEE), until about the last Tens of millions of Americans were Secondly, I imagine it has something year or two, and I have gotten some demanding patients’ rights. Even the to do with polls. All the polls say edu- help from the gentleman from Wiscon- AMA weighed in. They wanted provid- cation is a sexy topic. But you want to sin (Mr. OBEY). ers’ rights. The doctors are fed up with be careful. Yes, every parent, every Well, in the L.A. Unified School Dis- this too. They want to be able to refer grandparent, wants their child to have trict, the Los Angeles Unified School their patients for needed tests. But, a quality education. But when you look district, they spend $600 million each guess what? The insurance industry is at those polls and they ask the ques- year, each year, to fund the Federal 100 capable of delivering tens of millions of tion, who do you trust least to reform percent mandate on special education. dollars to the Republican leadership, public education at the elementary- $325 million of that has to come from and, behind closed doors, they decided secondary level, the answer is almost the local tax base. We send them $19 to kill that legislation. There will be unanimously the Federal Government. million. If we sent them 40 percent, no HMO insurance industry Patients Who do you distrust second, the state they would have an additional $60 mil- and Providers Bill of Rights in this government. And who do you most lion every year to reduce class size, to Congress because of special interest trust, it is local government, parents, repair buildings, to do all of those money. school boards, administrators, teachers things. More of this later on. Now, the chairman of the Committee on the local level. f on Rules rose the other day and said it I guess the third reason would be this does not matter that we didn’t do HMO COMMENTS ON OUTPUT OF administration seems to like to micro- reform or anything about teenage CONGRESS manage elementary-secondary edu- smoking. It does not matter that we cation from Washington, D.C., the old The SPEAKER pro tempore. Under have not passed the education package top-down method, which, of course, has the Speaker’s announced policy of Jan- to decrease class size, to increase the proved totally unsuccessful. uary 21, 1997, the gentleman from Or- number of teachers and rebuild our I guess the last reason is pride of au- egon (Mr. DEFAZIO) is recognized dur- crumbling schools, because we did one thorship. Every President I have served ing morning hour debates for 5 min- big thing in this Congress, we passed a with seems to want to be remembered utes. tax cut. as the education President. Mr. DEFAZIO. Mr. Speaker, well, Well, let us look at the statistics for So in order to do that, you cannot here it is. It is the 109th workday of the tax cut that was passed by the Re- fund existing programs that might be this Congress in Washington D.C. publican majority. The families earn- working well. You have to create new Thank God we were in session all week- ing less than $59,000, I hope they would old programs. In other words, you take end, although most Members of Con- all look at their tax return for this the old programs, give them a new gress have not been here. The leader- year, the 1997 tax year, and compare it name, and then say ‘‘This is my pro- ship has not been evident. But that to the 1996 tax year and see how much gram.’’ As I said at the White House brings the Congress up to a grand total the savings were. Those who got it, just last week, who gets credit is not of 109 days. about one family in five earning less important; the important thing is are Now, the average American holding than $59,000, they got $6. $6. Very gen- we doing something to help all children only one job, and I have a lot of Amer- erous of the Republican leadership. receive a better education. ican families in my district holding Now, families between $59,000 and Why do I say pride of authorship is so two or three jobs trying to make ends $112,000, they did a little better. They important? Well, obviously if the meet, but those who are just holding got $81. That is, those of them who got President wanted to have 100,000 new down one job have worked 200 days so it. That is 20 percent of the families in teachers for elementary grades, even far this year. that tax bracket. though every study indicates we have No wonder the Congress’ work re- But, ah ha, thank God some people 150,000 out there now who are not mains undone. Congress, under the Re- really got relief under this bill. Two- teaching, they are not teaching be- publican leadership, has worked in thirds of the small number of families cause they cannot get an elementary Washington, D.C. 109 days. Many of in this country earning over $112,000 a teaching job. In my district, depending those partial days, like the day that we year, those whose incomes average on the school district, the waiting list adjourned at 4 o’clock in the afternoon $660,000 a year, well, they got a tax cut is 50 to 200 applicants for every elemen- on a Wednesday because the Repub- of $7,135. Very nice. Very nice. It could tary teaching job. But if he wants licans had a huge fund-raiser in New help pay one year’s cost for a kid to go 100,000 new teachers, then all he had to York and they had the corporate jets to a state institution of higher learn- do was help me get more money for waiting for them out at National Air- ing. special education. port, and they all had to jet up to New Of course, their kids are not going to Something I have said for 20 years in York and hold this gala event to rake the state institutions of higher learn- the minority when there was an over- in a few tens of millions of dollars from ing. But it could pay for that from one whelming Democrat majority is fund their corporate sponsors, the same cor- of those other families. The families the special education mandate that porate sponsors who wanted them to earning less than $59,000 will get $6 to you sent out there. You sent a 100 per- kill any attempts to curtail teenage put toward that education, and those cent mandate on special education to smoking and go after the tobacco in- between $59,000 and $112,000 will get $81. local school districts. You promised dustry, and the Republican leaders de- So that is the grand accomplishment you would send them 40 percent of the livered. There is no legislation coming of this Congress. That is reason enough excess costs. And when I became chair- out of this Congress to curtail that, not to have done anything for edu- man, you were sending 6 percent. and the rate of teenage smoking is sky- cation, for class size, for more teachers October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10563 for the crumbling schools. That is rea- cans do not have to make. There is an- AFTER RECESS son enough for the Republican leader- other way. The recess having expired, the House ship to have denied tens of millions of was called to order by the Speaker at 2 Americans patients rights when they b 1245 p.m. need a referral to a specialist, when f they need a test, when they need treat- The solution is simple. Common ment. They are denied, with no appeal, sense, something that came directly PRAYER and the Republicans have denied them from the people, not this body, and it is The Chaplain, Reverend James David legislation to fix that. It was within to return money directly to local Ford, D.D., offered the following pray- the power of this Congress, but the big school districts and bypass the bureau- er: You have promised, O gracious God, money spoke louder than the millions cratic cost and the red tape of Wash- to be with us wherever we are, in the of Americans who needed help. ington, D.C., the most asked-for edu- towering heavens to the deepest Then the teenagers getting hooked cational change from all the teachers oceans, from the moments of high exul- on tobacco, well, too bad for them too, throughout America. tation and in tragedy and great de- according to the Republican leader- The House of Representatives has spair. We know that we cannot flee ship. There was not time to take care passed a model piece of legislation, the from Your presence and Your spirit of that problem. Dollars to the Classroom Act, that pro- will never leave us. f vides enough money for schools and This day we pray that Your spirit school districts to hire 110,000 teachers. would encourage us when we need en- A SOLUTION TO THE BUDGET It just simply does this by taking a GRIDLOCK couragement, that Your spirit would portion of the education bureaucracy reconcile when we need reconciliation, The SPEAKER pro tempore. Under and block-granting 95 percent of these and when we face anxiety, we pray that the Speaker’s announced policy of Jan- 31 Federal education programs directly peace and hope will be Your gift to all uary 21, 1997, the gentlewoman from to our local classrooms. Your people. This is our earnest pray- Washington (Mrs. LINDA SMITH) is rec- The beauty of this bill is that it al- er. Amen. ognized during morning hour debates lows local people the flexibility to hire f for 5 minutes. more teachers and reduce class sizes; Mrs. LINDA SMITH of Washington. or, if their district needs it more and THE JOURNAL Mr. Speaker, I rise today to offer a so- their class sizes are already low, buy The SPEAKER. The Chair has exam- lution to the gridlock between this new computers, books or supplies. Ba- ined the Journal of the last day’s pro- body and the President, one that our sically, they can use the money to buy ceedings and announces to the House President says he is willing to shut whatever the children need most, not his approval thereof. down the government over. I ask the what is directed by bureaucrats 2,500 Pursuant to clause 1, rule I, the Jour- President to stay in town at least one miles away. nal stands approved. day, to cancel his trip to New York to The President threatens that if we f the fund-raiser for an important friend were to do this, he would veto it, be- of his, and consider this: There is a PLEDGE OF ALLEGIANCE cause he still believes, as many on the simple solution available that will sat- Hill here in Washington D.C. believe, The SPEAKER. Will the gentleman isfy both the President and Congress that bureaucrats know better than par- from Pennsylvania (Mr. PITTS) come and avert the potential crisis that this ents. I think they are wrong. forward and lead the House in the Nation faces if he does not start paying This budget battle should remind Pledge of Allegiance. attention. In fact, the problem could be Mr. PITTS led the Pledge of Alle- Americans of how difficult it will be resolved today. giance as follows: First of all, both the President and for politicians to leave Social Security trust funds alone, so that it is to pro- I pledge allegiance to the Flag of the Congress have promised to save Social United States of America, and to the Repub- Security. Now, in order to really put tect our elderly neighbors that we lic for which it stands, one nation under God, action behind that promise, neither should be standing here. It is what we indivisible, with liberty and justice for all. side can spend the phantom surplus So- should be about. But here we are, just f cial Security dollars, not through new a week away from a promise to save ATTENDING FUND-RAISERS spending, not through tax cuts. Social Security. Last week, the week Second, our focus is on education, a after, the week before, and the Presi- (Mr. HAYWOOD asked and was given value that we all wholeheartedly say dent came back to town to posture permission to address the House for 1 must be a priority. Now, let us keep long enough after he read the polls. He minute and to revise and extend his re- these two goals in mind and consider knows we care about children. He marks.) the President’s words. knows I think daily about my six Mr. HAYWORTH. Mr. Speaker, yes- One week ago, two weeks ago, about grandchildren, but he has decided that terday I came to the well of this House, once a week for some time, the Presi- for the sake of campaigns, that this is and I asked the President of the United dent has proclaimed that his top goal the right thing to do. States, Mr. Speaker, to refrain from at- is to save Social Security. Now his goal We need to bypass the bureaucracy. tending two major fund-raising events, has changed this week, but that is We need to get out of the political to stay here in Washington and work what he has been saying. rhetoric, and we need to get into the with the Congress to make the deci- This week he says he is going to shut hearts and the neighborhoods and the sions necessary to reach accord on our down the government, not for the goal school districts. We need not to sepa- budget situation. The President, in- of saving Social Security, but he is rate generations. deed, decided not to go to Palm Beach, going to shut down the government if I stand here today to plead with Florida, but sadly, Mr. Speaker, the we do not agree to dig deeply into the America to call the President back to President plans to go on to New York Social Security trust fund and spend town to negotiate a fair budget. City for not one, but three fund-raising billions of dollars, new dollars, on edu- events tonight. cation programs. f Those three fund-raising events will Now what we have is the President give him a total of 100 fund-raising pitting the needs of elderly Americans events, Mr. Speaker, and yet the Presi- RECESS against the needs of children and ask- dent all year long has only held two ing us, the American people, to choose. The SPEAKER pro tempore (Mr. Cabinet meetings, on both occasions to He says we have to choose between pro- PEASE). Pursuant to clause 12 of rule I, discuss his personal situation. tecting Social Security for our elderly the Chair declares the House in recess Mr. Speaker, I would call on the or shoring up education for the future until 2 p.m. President again not to attend the fund- of our children. Accordingly (at 12 o’clock and 47 raising meetings in New York, espe- I stand here today to say this is a minutes p.m.), the House stood in re- cially, as I pointed out yesterday, be- false choice that Congress and Ameri- cess until 2 p.m. cause they are to benefit a sitting H10564 CONGRESSIONAL RECORD — HOUSE October 12, 1998 member of the House Committee on ANNOUNCEMENT OF BILLS TO BE failed miserably in its most basic task, the Judiciary, a person with aspira- CONSIDERED UNDER SUSPEN- producing a budget, let alone in pro- tions toward moving to the other side SION OF RULES TODAY ducing other legislation to protect of Capitol Hill and the other body. Mr. GIBBONS. Mr. Speaker, pursuant Americans against health care fraud Even though Washington is hard-bitten to H. Res. 575, I announce the following and other issues. and cynical, Mr. Speaker, even our op- suspensions to be considered today: f position can see the conflict of inter- H.R. 2349, Gus Hawkins Post Office; H ON EDUCATION est. Res. blank, concerning the steel import (Mr. BALLENGER asked and was f crisis, H.R. 4738, extending certain provisions and providing tax relief for given permission to address the House farmers and small businesses. for 1 minute and to revise and extend THE MYTH OF THE BIPARTISAN his remarks.) f WATERGATE ERA Mr. BALLENGER. Mr. Speaker, let (Mr. PITTS asked and was given per- GOVERNMENT SHUTDOWN us compare and contrast what the mission to address the House for 1 (Mr. GIBBONS asked and was given Democrats want to do with money for minute and to revise and extend his re- permission to address the House for 1 education and what Republicans pro- marks.) minute.) pose to do with the money. Mr. PITTS. Mr. Speaker, after voting Mr. GIBBONS. Mr. Speaker, last Fri- Republicans want the money to go to in overwhelming numbers for the re- day the President decided that wag the the classroom. They want their local lease of the Starr report, many Demo- dog was not good enough. Congress schools and parents to have more con- crats are now blaming the Republicans passed a bipartisan agriculture appro- trol over those dollars that are spent. for being too partisan in the handling priation bill that included billions of Democrats want more Federal control of the President’s scandal. These dollars in emergency assistance to over the money. They want more Democrats are implicitly claiming that hard-hit farmers, and the President ve- money to go to the Department of Edu- they had some kind of bipartisan con- toed it. He played wag the farmer, in a cation, the bureaucracy. The ironic sensus during Watergate. How short suspicious attempt to divert attention thing is that you will never find a their memories are. from the national debate over whether Democrat who will admit more Federal In fact, of the 134 staff positions au- or not felonies by the chief magistrate money means more Federal control, thorized for the impeachment inquiry of the United States would rise to the more bureaucracy and less power in the of 1974, only 12 were for Republican level of an impeachable offense. hands of the local schools. No, you will staff, 12 out of 134. When Speaker Carl Now the President is poised to go to never find a Democrat to admit that, Albert decided to refer impeachment yet another fund-raiser, this one in but just ask yourself this question, resolutions to the Rodino committee, New York, while the important busi- when was the last time Washington inno Republicans were included in the ness of government is left unattended tervened and did not ask for more con- meeting. When the committee met to and a government shutdown is upon us. trol? When was the last time the ex- consider subpoena authority, the Re- Mr. President, we in Congress urge perts in Washington, D.C., did not try publicans proposed that the chairman that you do not shut the government to tell, have more say in how those and ranking member have joint author- down. Do not wag the farmer and do Washington dollars were spent? ity. This idea was defeated in a party not go to New York to raise money It all comes down to power and con- line vote. from the very people you bash when- trol, more in the hands of parents and While the Democrats work on forget- ever Republicans propose tax cuts. The local schools or in the hands of the ting things, Republicans will work to President should clear his fund-raising Federal bureaucrats in Washington. fairly uncover the truth. calendar and stay in Washington and f f work with Congress to finish the job we THE GRAY MULE CONGRESS were elected to do. (Mr. BERRY asked and was given IMF FUNDING Mr. Speaker, I suggest the President not shut the government down. permission to address the House for 1 (Mr. TRAFICANT asked and was f minute and to revise and extend his re- given permission to address the House marks.) for 1 minute and to revise and extend MORE ON THE DO-NOTHING Mr. BERRY. Mr. Speaker, this has his remarks.) CONGRESS been called the do-nothing Congress. In Mr. TRAFICANT. Mr. Speaker, the (Mr. DEFAZIOasked and was given the lower Mississippi River Valley, White House said, give the Inter- permission to address the House for 1 where I come from, they have got a national Monetary Fund $18 billion minute.) term called gray mule. I call it the more, or we will shut the government Mr. DEFAZIO. Mr. Speaker, today is gray mule Congress. down. Take it and like it, Congress. day 109 of work for this do-nothing What that term means is, in the fron- Shut up and pass it, Congress. Congress. No budget, not done, we are tier days, they had a lot of poker Enough is enough. When will the going to do another temporary con- games. And if a fellow was not doing Congress grow a backbone? What is tinuing resolution to fund the entire well in the poker game, he would jump going on here, Mr. Speaker? I say if United States Government at 2:30 this up about the time he thought the game that is the deal, shut the government afternoon. was going to end, knock the lantern down. You know not one American will The Republican leaders would like to over, turn the lights out, try to steal be hurt. We can retroactively take care blame the President for the fact that all the money he could, and take off of them. But I am not for one more they have failed for the first time in 25 and run. penny for the international monetary years in Congress to produce a budget That is what the Republican Con- slush fund. resolution and a budget to send to the gress is trying to do to the American We give them the money. They buy President. The reason they have failed people. We come up here at the last Chinese products with it. Foreign lead- is we have only worked 109 days here in minute, no budget, no appropriations, ers steal it, and then they vote against Washington, D.C., and many of those let us cram all this unscrupulous stuff us at the United Nations 90 percent of days were starting at 5:00, out at 6:00. A into one bill and try to trick the Amer- the time. lot of Americans would love to have ican people into thinking we are doing Beam me up. If we are going to flush that kind of a schedule. their job and taking care of their busi- another $18 billion down the toilet, The average American has worked ness when we have not saved Social Se- then push the handle, Congress, and 200 days this year. Day in, day out they curity. We have not protected them in flush it in America. have produced. They have worked, and the health care area, and the list goes I yield back the balance of anything they have gotten a modest salary. on and on of things we have not done. worth flushing with the International The Republican Congress has worked Let us recognize this gray mule Con- Monetary Fund. only 109 days in Washington, D.C., and gress for what it is. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10565 AVOIDING A GOVERNMENT OCEAN ROUTING REPUBLICAN-CONTROLLED CON- SHUTDOWN (Mr. FRANKS of New Jersey asked GRESS HAS HAD GREAT ACCOM- (Mr. PAPPAS asked and was given and was given permission to address PLISHMENTS IN LAST 2 YEARS permission to address the House for 1 the House for 1 minute and to revise (Mr. WELLER asked and was given minute and to revise and extend his re- and extend his remarks.) permission to address the House for 1 marks.) Mr. FRANKS of New Jersey. Mr. minute and to revise and extend his re- Mr. PAPPAS. Mr. Speaker, Repub- Speaker, for more than a decade, resi- marks.) licans are willing to work as long as dents of Northern and Central New Jer- Mr. WELLER. Mr. Speaker, I look possible and as long as needed to avoid sey have been forced to endure intoler- back over the last 2 years, and I have a government shutdown. As evidence of able levels of jet aircraft noise 24 hours listened to a lot of rhetoric on the left our good faith, Republicans have been a day. Recently the FAA experimented side. And coming from the left there working with the other side since the with a route change, but my constitu- are a lot of those who have said, they spring to make sure that the govern- ents found that this test of the 260-de- just cannot do it. Two years ago, they ment can remain operating while our gree turn was an unmitigated disaster, said, Republicans cannot balance the differences are resolved. subjecting them to even more noise. It budget. They said, the Republicans The differences between the two par- is time for the FAA to finally test a cannot balance the budget and cut ties are real, despite the constant ef- citizen-driven alternative, ocean rout- taxes for the middle class. They said, forts by some to portray disagreements ing. the Republicans cannot reform the wel- between conservatives and liberals as b 1415 fare system. They said, the Repub- partisan politics. In fact, Democrats licans cannot fix the IRS; and they and Republicans have profound philo- Computer modeling has shown that said, the Republicans cannot balance sophical differences about govern- routing planes over the Atlantic Ocean the budget and help schools at the ment’s role in society that make con- would be safe and would dramatically same time. Well, we did. flict inevitable and healthy in a democ- reduce aircraft noise for hundreds of In the last 2 years, this Republican racy. thousands of residents. Congress has had great accomplish- This plan has widespread support Vigorous debate with each side fight- ments: balancing the budget for the from the New Jersey congressional del- ing for its beliefs is the hallmark of de- first time in 28 years, cutting taxes for egation. I urge the FAA to stop mocracy, and suggestions to the con- the middle class for the first time in 16 stonewalling and finally give ocean trary are mistaken. Republicans be- years, reforming welfare for the first routing a thorough and legitimate test. lieve that the Federal Government is time in a generation, taming the tax I call on the FAA to approve a 90-day too big, too powerful and too intrusive collector for the first time ever; and test of ocean routing so we can deter- in our lives. Liberals strongly disagree when we balanced the budget, we in- mine once and for all whether it can and, in fact, propose new government creased funding for education by 10 per- bring peace and quiet to New Jersey programs each and every year. We cent. communities, while keeping the flying might disagree, but we do not wish to Today, we have the lowest student public safe. shut the government down. loan interest rate in 17 years. We dou- Mr. President, do not shut the gov- f bled Pell Grants for low-income stu- ernment down. REPUBLICANS SHOULD STOP SPIN- dents who qualified, twice what they f NING TRUTH ABOUT WHO IS gave. We increased funding for Head TRYING TO SHUT GOVERNMENT Start, for Special Ed. We can save So- THE FAILED REPUBLICAN DOWN cial Security, and we can help our CONGRESS (Ms. WATERS asked and was given schools. (Ms. DELAURO asked and was given permission to address the House for 1 f permission to address the House for 1 minute and to revise and extend her re- SINCE 1977, CONGRESS FAILED AT minute and to revise and extend her remarks.) marks.) Ms. WATERS. Mr. Speaker, the LEAST 11 TIMES TO PASS AT LEAST ONE APPROPRIATION Ms. DELAURO. Mr. Speaker, it is ab- American public is watching Members surd. The Republican-controlled Con- of Congress trying to put a spin on why BILL AND SHUT DOWN GOVERN- gress has had this session of the Con- we have not done our work. In the final MENT 9 TIMES SINCE 1990 gress shut down for the last 2 years. analysis, the proof of the pudding is in (Mr. STEARNS asked and was given They have failed. For 10 months the the eating. We have either completed permission to address the House for 1 leadership has stalled, dallied and our work or we have not. minute and to revise and extend his re- wasted the American people’s time and We have not completed our work. marks.) money. That is for sure. We are here, and we Mr. STEARNS. Mr. Speaker, we are Republicans are running scared out have not passed all of our appropria- now in the midst of another battle over of town this week, and they will leave tion bills. We see people coming to this the budget. The President remains without having delivered anything for floor talking about, oh, Mr. President, steadfast in his unwillingness to meet the people of this country: no small please do not shut the House down. and try to find a way to work out a class size for grades 1 through 3, no Well, the buck stops at the top. The compromise so we can keep the govern- classrooms connected to the Internet, Republicans are in charge of this ment running. no guaranteed access to emergency House. They make every decision about The President expressed dismay that rooms, the right to choose your own how the committees work or when we all 13 appropriation bills had not been doctor, no guaranteed access to spe- come to this floor. passed by the Congress and signed into cialty care, and no accountability for I fly all the way from California al- law. Yet, since 1977, when the Demo- HMOs for making medical decisions most every week. No votes are up. crats controlled Congress, the Congress that they are making today, and noth- Sometimes, we only work a day and a failed entirely to pass all 13 appropria- ing by way of reform to help Social Se- half. I fly all the way back home, and tion bills 11 times. That is right. At curity except to raid the Social Secu- I come back thinking we are going to least 11 times a Democrat Congress rity Trust Fund. work on a Monday. Guess what? No failed to pass at least one of the appro- They have done a hit and run on the votes. priation bills at all. American people. They killed tobacco We do not need to tell the American Since 1990, the Democrat-run Con- reform on behalf of special interests, public about who is going to shut the gress has shut down the government and they killed campaign finance re- government down. The American pub- nine times, the last time in 1990 when form for special interests. This Con- lic is smart. They know who is in they forced President Bush to accept a gress, this Republican-controlled Con- charge. They know who has not done compromise with them over the budg- gress, has failed, and the American their work. Let us stop spinning and et, which resulted in Mr. Bush break- public knows it. tell the truth. ing his ‘‘no new tax’’ pledge. H10566 CONGRESSIONAL RECORD — HOUSE October 12, 1998 I regret today that the Democrats (H.R. 3494) to amend title 18, United Sec. 605. Civil remedy for personal injuries re- seem to have forgotten how many States Code, with respect to violent sex sulting from certain sex crimes times they shut the government down. crimes against children, and for other against children. purposes. Sec. 606. Administrative subpoenas. f Sec. 607. Grants to States to offset costs associ- The Clerk read as follows: ated with sexually violent of- PRESIDENT SHOULD BE IN WASH- SENATE AMENDMENTS fender registration requirements. INGTON, NOT ATTENDING FUND- Strike out all after the enacting clause and TITLE VII—MURDER AND KIDNAPPING RAISERS FOR DEMOCRAT CAN- insert: INVESTIGATIONS DIDATES SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 701. Authority to investigate serial killings. (Mr. SOUDER asked and was given (a) SHORT TITLE.—This Act may be cited as Sec. 702. Kidnapping. permission to address the House for 1 the ‘‘Protection of Children From Sexual Preda- Sec. 703. Morgan P. Hardiman Child Abduction minute and to revise and extend his re- tors Act of 1998’’. and Serial Murder Investigative marks.) (b) TABLE OF CONTENTS.—The table of con- Resources Center. tents for this Act is as follows: Mr. SOUDER. Mr. Speaker, we have TITLE VIII—RESTRICTED ACCESS TO Sec. 1. Short title; table of contents. been hearing a lot of panicky people up INTERACTIVE COMPUTER SERVICES here today on the other side. The truth TITLE I—PROTECTION OF CHILDREN Sec. 801. Prisoner access. FROM PREDATORS is that the basic appropriations have Sec. 802. Recommended prohibition. Sec. 803. Survey. been done for a long time. We have Sec. 101. Use of interstate facilities to transmit identifying information about a TITLE IX—STUDIES been held up over some disagreements minor for criminal sexual pur- that we have known that were going to Sec. 901. Study on limiting the availability of poses. pornography on the Internet. come for a year. Yet the administra- Sec. 102. Coercion and enticement. Sec. 902. Study of hotlines. tion, apparently because a lot of staff- Sec. 103. Increased penalties for transportation ers were running around working on of minors or assumed minors for TITLE I—PROTECTION OF CHILDREN FROM PREDATORS apology statements or coming up with illegal sexual activity and related legal strategies, is only now starting to crimes. SEC. 101. USE OF INTERSTATE FACILITIES TO Sec. 104. Repeat offenders in transportation of- TRANSMIT IDENTIFYING INFORMA- focus and dragging in day after day. fense. TION ABOUT A MINOR FOR CRIMI- I want to go through one other thing. Sec. 105. Inclusion of offenses relating to child NAL SEXUAL PURPOSES. This is the President’s schedule for this pornography in definition of sex- (a) IN GENERAL.—Chapter 117 of title 18, afternoon, when we are on the verge of ual activity for which any person United States Code, is amended by adding at the a government shutdown: can be charged with a criminal of- end the following: At 2:45, he is going to make a state- fense. ‘‘§ 2425. Use of interstate facilities to transmit ment on the South Lawn; Sec. 106. Transportation generally. information about a minor At 3:05, he boards Air Force One; TITLE II—PROTECTION OF CHILDREN ‘‘Whoever, using the mail or any facility or FROM CHILD PORNOGRAPHY At 3:15, he heads for Andrews Air means of interstate or foreign commerce, or within the special maritime and territorial juris- Force base; Sec. 201. Additional jurisdictional base for prosecution of production of child diction of the United States, knowingly initiates When he gets to New York, he arrives pornography. the transmission of the name, address, telephone at the Wall Street Landing Zone. Sec. 202. Increased penalties for child pornog- number, social security number, or electronic Then, at 5:05, he boards a motorcade raphy offenses. mail address of another individual, knowing that departs for Wall Street for a fund- Sec. 203. ‘‘Zero tolerance’’ for possession of that such other individual has not attained the raiser at the Waldorf-Astoria Hotel; child pornography. age of 16 years, with the intent to entice, en- At 5:05, he arrives at the Waldorf- TITLE III—SEXUAL ABUSE PREVENTION courage, offer, or solicit any person to engage in Astoria Hotel; Sec. 301. Elimination of redundancy and ambi- any sexual activity for which any person can be charged with a criminal offense, or attempts to At 5:55, he greets a reception in honor guities. Sec. 302. Increased penalties for abusive sexual do so, shall be fined under this title, imprisoned of a New York gubernatorial candidate; not more than 5 years, or both.’’. At 6:30, he concludes his remarks; contact. Sec. 303. Repeat offenders in sexual abuse (b) TECHNICAL AND CONFORMING AMEND- and cases. MENT.—The analysis for chapter 117 of title 18, United States Code, is amended by adding at the At 6:45, he goes over to the Hilton TITLE IV—PROHIBITION ON TRANSFER OF end the following: Towers for a fundraiser for the gen- OBSCENE MATERIAL TO MINORS ‘‘2425. Use of interstate facilities to transmit in- tleman from New York (Mr. CHARLES Sec. 401. Transfer of obscene material to mi- formation about a minor.’’. SCHUMER). nors. SEC. 102. COERCION AND ENTICEMENT. He should be here, not at hotels in TITLE V—INCREASED PENALTIES FOR OF- Section 2422 of title 18, United States Code, is New York raising money. FENSES AGAINST CHILDREN AND FOR amended— REPEAT OFFENDERS f (1) in subsection (a)— Sec. 501. Death or life in prison for certain of- ANNOUNCEMENT BY THE SPEAKER (A) by inserting ‘‘or attempts to do so,’’ before fenses whose victims are children. ‘‘shall be fined’’; and PRO TEMPORE Sec. 502. Sentencing enhancement for chapter (B) by striking ‘‘five’’ and inserting ‘‘10’’; and The SPEAKER pro tempore (Mr. 117 offenses. (2) by striking subsection (b) and inserting the Sec. 503. Increased penalties for use of a com- BASS). Pursuant to the provisions of following: puter in the sexual abuse or ex- ‘‘(b) Whoever, using the mail or any facility clause 5, rule I, the Chair announces ploitation of a child. that he will postpone further proceed- or means of interstate or foreign commerce, or Sec. 504. Increased penalties for knowing mis- within the special maritime and territorial juris- ings today on each motion to suspend representation in the sexual abuse diction of the United States knowingly per- the rules on which a recorded vote or or exploitation of a child. suades, induces, entices, or coerces any individ- the yeas and nays are ordered, or on Sec. 505. Increased penalties for pattern of ac- ual who has not attained the age of 18 years, to which the vote is objected to under tivity of sexual exploitation of engage in prostitution or any sexual activity for children. which any person can be charged with a crimi- clause 4 of rule XV. Sec. 506. Clarification of definition of distribu- Such rollcall votes, if postponed, will nal offense, or attempts to do so, shall be fined tion of pornography. under this title, imprisoned not more than 15 be taken after debate has concluded on Sec. 507. Directive to the United States Sentenc- years, or both.’’. all motions to suspend the rules, but ing Commission. not before 5 p.m. today. SEC. 103. INCREASED PENALTIES FOR TRANSPOR- TITLE VI—CRIMINAL, PROCEDURAL, AND TATION OF MINORS OR ASSUMED MI- f ADMINISTRATIVE REFORMS NORS FOR ILLEGAL SEXUAL ACTIV- Sec. 601. Pretrial detention of sexual predators. ITY AND RELATED CRIMES. CHILD PROTECTION AND SEXUAL Sec. 602. Criminal forfeiture for offenses against Section 2423 of title 18, United States Code, is PREDATOR PUNISHMENT ACT OF minors. amended— 1998 Sec. 603. Civil forfeiture for offenses against mi- (1) by striking subsection (a) and inserting the nors. following: Mr. HUTCHINSON. Mr. Speaker, I Sec. 604. Reporting of child pornography by ‘‘(a) TRANSPORTATION WITH INTENT TO EN- move to suspend the rules and concur electronic communication service GAGE IN CRIMINAL SEXUAL ACTIVITY.—A person in the Senate amendments to the bill providers. who knowingly transports an individual who October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10567

has not attained the age of 18 years in interstate (b) ALLOWING USE OF A CHILD.—Section TITLE III—SEXUAL ABUSE PREVENTION or foreign commerce, or in any commonwealth, 2251(b) of title 18, United States Code, is amend- SEC. 301. ELIMINATION OF REDUNDANCY AND territory or possession of the United States, with ed by inserting ‘‘, if that visual depiction was AMBIGUITIES. intent that the individual engage in prostitu- produced using materials that have been mailed, (a) MAKING CONSISTENT LANGUAGE ON AGE tion, or in any sexual activity for which any shipped, or transported in interstate or foreign DIFFERENTIAL.—Section 2241(c) of title 18, person can be charged with a criminal offense, commerce by any means, including by com- United States Code, is amended by striking or attempts to do so, shall be fined under this puter,’’ before ‘‘or if’’. ‘‘younger than that person’’ and inserting title, imprisoned not more than 15 years, or (c) INCREASED PENALTIES IN SECTION ‘‘younger than the person so engaging’’. both.’’; and 2251(d).—Section 2251(d) of title 18, United (b) REDUNDANCY.—Section 2243(a) of title 18, (2) in subsection (b), by striking ‘‘10 years’’ States Code, is amended by striking ‘‘or chapter United States Code, is amended by striking and inserting ‘‘15 years’’. 109A’’ each place it appears and inserting ‘‘, ‘‘crosses a State line with intent to engage in a SEC. 104. REPEAT OFFENDERS IN TRANSPOR- chapter 109A, or chapter 117’’. sexual act with a person who has not attained TATION OFFENSE. SEC. 202. INCREASED PENALTIES FOR CHILD the age of 12 years, or’’. (a) IN GENERAL.—Chapter 117 of title 18, PORNOGRAPHY OFFENSES. (c) STATE DEFINED.—Section 2246 of title 18, United States Code, is amended by adding at the (a) INCREASED PENALTIES IN SECTION 2252.— United States Code, is amended— end the following: Section 2252(b) of title 18, United States Code, is (1) in paragraph (5), by striking the period at ‘‘§ 2426. Repeat offenders amended— the end and inserting ‘‘; and’’; and ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The (1) in each of paragraphs (1) and (2), by strik- (2) by adding at the end the following: ‘‘(6) the term ‘State’ means a State of the maximum term of imprisonment for a violation ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter United States, the District of Columbia, and any of this chapter after a prior sex offense convic- 109A, or chapter 117’’; and commonwealth, possession, or territory of the tion shall be twice the term of imprisonment oth- (2) in paragraph (2), by striking ‘‘the posses- United States.’’. erwise provided by this chapter. sion of child pornography’’ and inserting ‘‘ag- ‘‘(b) DEFINITIONS.—In this section— gravated sexual abuse, sexual abuse, or abusive SEC. 302. INCREASED PENALTIES FOR ABUSIVE SEXUAL CONTACT. ‘‘(1) the term ‘prior sex offense conviction’ sexual conduct involving a minor or ward, or Section 2244 of title 18, United States Code, is means a conviction for an offense— the production, possession, receipt, mailing, amended by adding at the end the following: ‘‘(A) under this chapter, chapter 109A, or sale, distribution, shipment, or transportation of ‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.— chapter 110; or child pornography’’. ‘‘(B) under State law for an offense consisting If the sexual contact that violates this section is NCREASED PENALTIES IN SECTION 2252A.— (b) I with an individual who has not attained the age of conduct that would have been an offense Section 2252A(b) of title 18, United States Code, of 12 years, the maximum term of imprisonment under a chapter referred to in paragraph (1) if is amended— the conduct had occurred within the special that may be imposed for the offense shall be (1) in each of paragraphs (1) and (2), by strik- maritime and territorial jurisdiction of the twice that otherwise provided in this section.’’. ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter United States; and SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE 109A, or chapter 117’’; and ‘‘(2) the term ‘State’ means a State of the CASES. (2) in paragraph (2), by striking ‘‘the posses- United States, the District of Columbia, and any Section 2247 of title 18, United States Code, is sion of child pornography’’ and inserting ‘‘ag- commonwealth, territory, or possession of the amended to read as follows: gravated sexual abuse, sexual abuse, or abusive United States.’’. sexual conduct involving a minor or ward, or ‘‘§ 2247. Repeat offenders (b) TECHNICAL AND CONFORMING AMEND- the production, possession, receipt, mailing, ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The MENT.—The analysis for chapter 117 of title 18, maximum term of imprisonment for a violation United States Code, is amended by adding at the sale, distribution, shipment, or transportation of child pornography’’. of this chapter after a prior sex offense convic- end the following: tion shall be twice the term otherwise provided ‘‘2426. Repeat offenders.’’. SEC. 203. ‘‘ZERO TOLERANCE’’ FOR POSSESSION OF CHILD PORNOGRAPHY. by this chapter. SEC. 105. INCLUSION OF OFFENSES RELATING TO ‘‘(b) PRIOR SEX OFFENSE CONVICTION DE- (a) MATERIAL INVOLVING THE SEXUAL EXPLOI- CHILD PORNOGRAPHY IN DEFINI- FINED.—In this section, the term ‘prior sex of- TATION OF MINORS.—Section 2252 of title 18, TION OF SEXUAL ACTIVITY FOR fense conviction’ has the meaning given that United States Code, is amended— WHICH ANY PERSON CAN BE term in section 2426(b).’’. CHARGED WITH A CRIMINAL OF- (1) in subsection (a)(4), by striking ‘‘3 or FENSE. more’’ each place that term appears and insert- TITLE IV—PROHIBITION ON TRANSFER OF (a) IN GENERAL.—Chapter 117 of title 18, ing ‘‘1 or more’’; and OBSCENE MATERIAL TO MINORS United States Code, is amended by adding at the (2) by adding at the end the following: SEC. 401. TRANSFER OF OBSCENE MATERIAL TO end the following: ‘‘(c) AFFIRMATIVE DEFENSE.—It shall be an MINORS. ‘‘§ 2427. Inclusion of offenses relating to child affirmative defense to a charge of violating (a) IN GENERAL.—Chapter 71 of title 18, pornography in definition of sexual activity paragraph (4) of subsection (a) that the defend- United States Code, is amended by adding at the for which any person can be charged with a ant— end the following: criminal offense ‘‘(1) possessed less than 3 matters containing ‘‘§ 1470. Transfer of obscene material to mi- ‘‘In this chapter, the term ‘sexual activity for any visual depiction proscribed by that para- nors which any person can be charged with a crimi- graph; and ‘‘Whoever, using the mail or any facility or nal offense’ includes the production of child ‘‘(2) promptly and in good faith, and without means of interstate or foreign commerce, know- pornography, as defined in section 2256(8).’’. retaining or allowing any person, other than a ingly transfers obscene matter to another indi- (b) TECHNICAL AND CONFORMING AMEND- law enforcement agency, to access any visual vidual who has not attained the age of 16 years, MENT.—The analysis for chapter 117 of title 18, depiction or copy thereof— knowing that such other individual has not at- United States Code, is amended by adding at the ‘‘(A) took reasonable steps to destroy each tained the age of 16 years, or attempts to do so, end the following: such visual depiction; or shall be fined under this title, imprisoned not ‘‘2427. Inclusion of offenses relating to child ‘‘(B) reported the matter to a law enforcement more than 10 years, or both.’’. pornography in definition of sex- agency and afforded that agency access to each (b) TECHNICAL AND CONFORMING AMEND- ual activity for which any person such visual depiction.’’. MENT.—The analysis for chapter 71 of title 18, can be charged with a criminal of- (b) MATERIAL CONSTITUTING OR CONTAINING United States Code, is amended by adding at the fense.’’. CHILD PORNOGRAPHY.—Section 2252A of title 18, end the following: SEC. 106. TRANSPORTATION GENERALLY. United States Code, is amended— ‘‘1470. Transfer of obscene material to minors.’’. Section 2421 of title 18, United States Code, is (1) in subsection (a)(5), by striking ‘‘3 or more TITLE V—INCREASED PENALTIES FOR OF- amended— images’’ each place that term appears and in- FENSES AGAINST CHILDREN AND FOR (1) by inserting ‘‘or attempts to do so,’’ before serting ‘‘an image’’; and REPEAT OFFENDERS ‘‘shall be fined’’; and (2) by adding at the end the following: SEC. 501. DEATH OR LIFE IN PRISON FOR CER- (2) by striking ‘‘five years’’ and inserting ‘‘10 ‘‘(d) AFFIRMATIVE DEFENSE.—It shall be an TAIN OFFENSES WHOSE VICTIMS years’’. affirmative defense to a charge of violating sub- ARE CHILDREN. TITLE II—PROTECTION OF CHILDREN section (a)(5) that the defendant— Section 3559 of title 18, United States Code, is FROM CHILD PORNOGRAPHY ‘‘(1) possessed less than 3 images of child por- amended by adding at the end the following: SEC. 201. ADDITIONAL JURISDICTIONAL BASE nography; and ‘‘(d) DEATH OR IMPRISONMENT FOR CRIMES FOR PROSECUTION OF PRODUCTION ‘‘(2) promptly and in good faith, and without AGAINST CHILDREN.— OF CHILD PORNOGRAPHY. retaining or allowing any person, other than a ‘‘(1) IN GENERAL.—Subject to paragraph (2) (a) USE OF A CHILD.—Section 2251(a) of title law enforcement agency, to access any image or and notwithstanding any other provision of 18, United States Code, is amended by inserting copy thereof— law, a person who is convicted of a Federal of- ‘‘if that visual depiction was produced using ‘‘(A) took reasonable steps to destroy each fense that is a serious violent felony (as defined materials that have been mailed, shipped, or such image; or in subsection (c)) or a violation of section 2422, transported in interstate or foreign commerce by ‘‘(B) reported the matter to a law enforcement 2423, or 2251 shall, unless the sentence of death any means, including by computer,’’ before ‘‘or agency and afforded that agency access to each is imposed, be sentenced to imprisonment for if’’. such image.’’. life, if— H10568 CONGRESSIONAL RECORD — HOUSE October 12, 1998 ‘‘(A) the victim of the offense has not attained misrepresented the actual identity of the defend- (2) in paragraph (3), by striking ‘‘or 2252 of the age of 14 years; ant with the intent to persuade, induce, entice, this chapter’’ and inserting ‘‘2252, 2252A, or 2260 ‘‘(B) the victim dies as a result of the offense; coerce, or facilitate the transport of a child of of this chapter, or obtained from a violation of and an age specified in the applicable provision of section 2421, 2422, or 2423 of chapter 117,’’. ‘‘(C) the defendant, in the course of the of- law referred to in paragraph (1) to engage in a SEC. 604. REPORTING OF CHILD PORNOGRAPHY fense, engages in conduct described in section prohibited sexual activity. BY ELECTRONIC COMMUNICATION 3591(a)(2). SEC. 505. INCREASED PENALTIES FOR PATTERN SERVICE PROVIDERS. ‘‘(2) EXCEPTION.—With respect to a person OF ACTIVITY OF SEXUAL EXPLOI- (a) IN GENERAL.—The Victims of Child Abuse convicted of a Federal offense described in para- TATION OF CHILDREN. Act of 1990 (42 U.S.C. 13001 et seq.) is amended graph (1), the court may impose any lesser sen- Pursuant to its authority under section 994(p) by inserting after section 226 the following: tence that is authorized by law to take into ac- of title 28, United States Code, the United States ‘‘SEC. 227. REPORTING OF CHILD PORNOGRAPHY count any substantial assistance provided by Sentencing Commission shall— BY ELECTRONIC COMMUNICATION the defendant in the investigation or prosecu- (1) review the Federal Sentencing Guidelines SERVICE PROVIDERS. tion of another person who has committed an on aggravated sexual abuse under section 2241 ‘‘(a) DEFINITIONS.—In this section— offense, in accordance with the Federal Sen- of title 18, United States Code, sexual abuse ‘‘(1) the term ‘electronic communication serv- tencing Guidelines and the policy statements of under section 2242 of title 18, United States ice’ has the meaning given the term in section the Federal Sentencing Commission pursuant to Code, sexual abuse of a minor or ward under 2510 of title 18, United States Code; and section 994(p) of title 28, or for other good section 2243 of title 18, United States Code, coer- ‘‘(2) the term ‘remote computing service’ has cause.’’. cion and enticement of a minor under section the meaning given the term in section 2711 of SEC. 502. SENTENCING ENHANCEMENT FOR 2422(b) of title 18, United States Code, contact- title 18, United States Code. CHAPTER 117 OFFENSES. ing a minor under section 2422(c) of title 18, ‘‘(b) REQUIREMENTS.— (a) IN GENERAL.—Pursuant to its authority United States Code, and transportation of mi- ‘‘(1) DUTY TO REPORT.—Whoever, while en- under section 994(p) of title 28, United States nors and travel under section 2423 of title 18, gaged in providing an electronic communication Code, the United States Sentencing Commission United States Code; and service or a remote computing service to the pub- shall review and amend the Federal Sentencing (2) upon completion of the review under para- lic, through a facility or means of interstate or Guidelines to provide a sentencing enhancement graph (1), promulgate amendments to the Fed- foreign commerce, obtains knowledge of facts or for offenses under chapter 117 of title 18, United eral Sentencing Guidelines to increase penalties circumstances from which a violation of section States Code. applicable to the offenses referred to in para- 2251, 2251A, 2252, 2252A, or 2260 of title 18, (b) INSTRUCTION TO COMMISSION.—In carrying graph (1) in any case in which the defendant United States Code, involving child pornog- out subsection (a), the United States Sentencing engaged in a pattern of activity involving the raphy (as defined in section 2256 of that title), Commission shall ensure that the sentences, sexual abuse or exploitation of a minor. is apparent, shall, as soon as reasonably pos- guidelines, and policy statements for offenders SEC. 506. CLARIFICATION OF DEFINITION OF DIS- sible, make a report of such facts or cir- convicted of offenses described in subsection (a) TRIBUTION OF PORNOGRAPHY. cumstances to a law enforcement agency or are appropriately severe and reasonably consist- Pursuant to its authority under section 994(p) agencies designated by the Attorney General. ent with other relevant directives and with of title 28, United States Code, the United States ‘‘(2) DESIGNATION OF AGENCIES.—Not later other Federal Sentencing Guidelines. Sentencing Commission shall— than 180 days after the date of enactment of this SEC. 503. INCREASED PENALTIES FOR USE OF A (1) review the Federal Sentencing Guidelines section, the Attorney General shall designate COMPUTER IN THE SEXUAL ABUSE relating to the distribution of pornography cov- the law enforcement agency or agencies to OR EXPLOITATION OF A CHILD. ered under chapter 110 of title 18, United States which a report shall be made under paragraph Pursuant to its authority under section 994(p) Code, relating to the sexual exploitation and (1). of title 28, United States Code, the United States other abuse of children; and ‘‘(3) FAILURE TO REPORT.—A provider of elec- Sentencing Commission shall— (2) upon completion of the review under para- tronic communication services or remote comput- (1) review the Federal Sentencing Guidelines graph (1), promulgate such amendments to the ing services described in paragraph (1) who for— Federal Sentencing Guidelines as are necessary knowingly and willfully fails to make a report (A) aggravated sexual abuse under section to clarify that the term ‘‘distribution of pornog- under that paragraph shall be fined— 2241 of title 18, United States Code; raphy’’ applies to the distribution of pornog- ‘‘(A) in the case of an initial failure to make (B) sexual abuse under section 2242 of title 18, raphy— a report, not more than $50,000; and United States Code; (A) for monetary remuneration; or ‘‘(B) in the case of any second or subsequent (C) sexual abuse of a minor or ward under (B) for a nonpecuniary interest. failure to make a report, not more than $100,000. section 2243 of title 18, United States Code; and SEC. 507. DIRECTIVE TO THE UNITED STATES ‘‘(c) CIVIL LIABILITY.—No provider or user of (D) coercion and enticement of a minor under SENTENCING COMMISSION. an electronic communication service or a remote section 2422(b) of title 18, United States Code, In carrying out this title, the United States computing service to the public shall be held lia- contacting a minor under section 2422(c) of title Sentencing Commission shall— ble on account of any action taken in good faith 18, United States Code, and transportation of (1) with respect to any action relating to the to comply with this section. minors and travel under section 2423 of title 18, Federal Sentencing Guidelines subject to this ‘‘(d) LIMITATION OF INFORMATION OR MATE- United States Code; and title, ensure reasonable consistency with other RIAL REQUIRED IN REPORT.—A report under sub- (2) upon completion of the review under para- guidelines of the Federal Sentencing Guidelines; section (b)(1) may include additional informa- graph (1), promulgate amendments to the Fed- and tion or material developed by an electronic com- eral Sentencing Guidelines to provide appro- (2) with respect to an offense subject to the munication service or remote computing service, priate enhancement if the defendant used a Federal Sentencing Guidelines, avoid duplica- except that the Federal Government may not re- computer with the intent to persuade, induce, tive punishment under the Federal Sentencing quire the production of such information or ma- entice, coerce, or facilitate the transport of a Guidelines for substantially the same offense. terial in that report. child of an age specified in the applicable provi- TITLE VI—CRIMINAL, PROCEDURAL, AND ‘‘(e) MONITORING NOT REQUIRED.—Nothing in sion of law referred to in paragraph (1) to en- ADMINISTRATIVE REFORMS this section may be construed to require a pro- gage in any prohibited sexual activity. SEC. 601. PRETRIAL DETENTION OF SEXUAL vider of electronic communication services or re- SEC. 504. INCREASED PENALTIES FOR KNOWING PREDATORS. mote computing services to engage in the mon- MISREPRESENTATION IN THE SEX- Section 3156(a)(4) of title 18, United States itoring of any user, subscriber, or customer of UAL ABUSE OR EXPLOITATION OF A Code, is amended by striking subparagraph (C) that provider, or the content of any communica- CHILD. and inserting the following: tion of any such person. Pursuant to its authority under section 994(p) ‘‘(C) any felony under chapter 109A, 110, or ‘‘(f) CONDITIONS OF DISCLOSURE OF INFORMA- of title 28, United States Code, the United States 117; and’’. TION CONTAINED WITHIN REPORT.— Sentencing Commission shall— SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES ‘‘(1) IN GENERAL.—No law enforcement agency (1) review the Federal Sentencing Guidelines AGAINST MINORS. that receives a report under subsection (b)(1) on aggravated sexual abuse under section 2241 Section 2253 of title 18, United States Code, is shall disclose any information contained in that of title 18, United States Code, sexual abuse amended by striking ‘‘or 2252 of this chapter’’ report, except that disclosure of such informa- under section 2242 of title 18, United States and inserting ‘‘2252, 2252A, or 2260 of this chap- tion may be made— Code, sexual abuse of a minor or ward under ter, or who is convicted of an offense under sec- ‘‘(A) to an attorney for the government for use section 2243 of title 18, United States Code, coer- tion 2421, 2422, or 2423 of chapter 117,’’. in the performance of the official duties of the cion and enticement of a minor under section SEC. 603. CIVIL FORFEITURE FOR OFFENSES attorney; 2422(b) of title 18, United States Code, contact- AGAINST MINORS. ‘‘(B) to such officers and employees of the law ing a minor under section 2422(c) of title 18, Section 2254(a) of title 18, United States Code, enforcement agency, as may be necessary in the United States Code, and transportation of mi- is amended— performance of their investigative and record- nors and travel under section 2423 of title 18, (1) in paragraph (2), by striking ‘‘or 2252 of keeping functions; United States Code; and this chapter’’ and inserting ‘‘2252, 2252A, or 2260 ‘‘(C) to such other government personnel (in- (2) upon completion of the review under para- of this chapter, or used or intended to be used cluding personnel of a State or subdivision of a graph (1), promulgate amendments to the Fed- to commit or to promote the commission of an of- State) as are determined to be necessary by an eral Sentencing Guidelines to provide appro- fense under section 2421, 2422, or 2423 of chapter attorney for the government to assist the attor- priate enhancement if the defendant knowingly 117,’’; and ney in the performance of the official duties of October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10569 the attorney in enforcing Federal criminal law; SEC. 607. GRANTS TO STATES TO OFFSET COSTS ‘‘§ 540B. Investigation of serial killings ASSOCIATED WITH SEXUALLY VIO- or ‘‘(a) IN GENERAL.—The Attorney General and ‘‘(D) as permitted by a court at the request of LENT OFFENDER REGISTRATION RE- QUIREMENTS. the Director of the Federal Bureau of Investiga- an attorney for the government, upon a showing tion may investigate serial killings in violation (a) IN GENERAL.—Section 170101 of the Violent that such information may disclose a violation Crime Control and Law Enforcement Act of 1994 of the laws of a State or political subdivision, if of State criminal law, to an appropriate official (42 U.S.C. 14071) is amended— such investigation is requested by the head of a of a State or subdivision of a State for the pur- law enforcement agency with investigative or pose of enforcing such State law. (1) by redesignating the second subsection designated as subsection (g) as subsection (h); and prosecutorial jurisdiction over the offense. ‘‘(2) DEFINITIONS.—In this subsection, the ‘‘(b) DEFINITIONS.—In this section: (2) by adding at the end the following: terms ‘attorney for the government’ and ‘State’ ‘‘(1) KILLING.—The term ‘killing’ means con- ‘‘(i) GRANTS TO STATES FOR COSTS OF COMPLI- have the meanings given those terms in Rule 54 duct that would constitute an offense under sec- ANCE.— of the Federal Rules of Criminal Procedure.’’. tion 1111 of title 18, United States Code, if Fed- ‘‘(1) PROGRAM AUTHORIZED.— (b) EXCEPTION TO PROHIBITION ON DISCLO- eral jurisdiction existed. ‘‘(A) IN GENERAL.—The Director of the Bureau SURE.—Section 2702(b)(6) of title 18, United ‘‘(2) SERIAL KILLINGS.—The term ‘serial of Justice Assistance (in this subsection referred States Code, is amended to read as follows: killings’ means a series of 3 or more killings, not to as the ‘Director’) shall carry out a program, ‘‘(6) to a law enforcement agency— less than 1 of which was committed within the which shall be known as the ‘Sex Offender United States, having common characteristics ‘‘(A) if the contents— Management Assistance Program’ (in this sub- ‘‘(i) were inadvertently obtained by the service such as to suggest the reasonable possibility section referred to as the ‘SOMA program’), that the crimes were committed by the same provider; and under which the Director shall award a grant to ‘‘(ii) appear to pertain to the commission of a actor or actors. each eligible State to offset costs directly associ- ‘‘(3) STATE.—The term ‘State’ means a State of crime; or ated with complying with this section. the United States, the District of Columbia, and ‘‘(B) if required by section 227 of the Crime ‘‘(B) USES OF FUNDS.—Each grant awarded any commonwealth, territory, or possession of Control Act of 1990.’’. under this subsection shall be— the United States.’’. SEC. 605. CIVIL REMEDY FOR PERSONAL INJU- ‘‘(i) distributed directly to the State for dis- (b) TECHNICAL AND CONFORMING AMEND- RIES RESULTING FROM CERTAIN tribution to State and local entities; and MENT.—The analysis for chapter 33 of title 28, SEX CRIMES AGAINST CHILDREN. ‘‘(ii) used for training, salaries, equipment, United States Code, is amended by adding at Section 2255(a) of title 18, United States Code, materials, and other costs directly associated end the following: is amended by striking ‘‘2251 or 2252’’ and in- with complying with this section. ‘‘540B. Investigation of serial killings.’’. serting ‘‘2241(c), 2242, 2243, 2251, 2251A, 2252, ‘‘(2) ELIGIBILITY.— SEC. 702. KIDNAPPING. 2252A, 2260, 2421, 2422, or 2423’’. ‘‘(A) APPLICATION.—To be eligible to receive a (a) CLARIFICATION OF ELEMENT OF OFFENSE.— SEC. 606. ADMINISTRATIVE SUBPOENAS. grant under this subsection, the chief executive of a State shall, on an annual basis, submit to Section 1201(a)(1) of title 18, United States Code, (a) IN GENERAL.—Chapter 223 of title 18, is amended by inserting ‘‘, regardless of whether United States Code, is amended— the Director an application (in such form and containing such information as the Director the person was alive when transported across a (1) in section 3486, by striking the section des- may reasonably require) assuring that— State boundary if the person was alive when the ignation and heading and inserting the follow- ‘‘(i) the State complies with (or made a good transportation began’’ before the semicolon. ing: faith effort to comply with) this section; and (b) TECHNICAL AMENDMENT.—Section ‘‘§ 3486. Administrative subpoenas in Federal ‘‘(ii) where applicable, the State has penalties 1201(a)(5) of title 18, United States Code, is health care investigations’’; and comparable to or greater than Federal penalties amended by striking ‘‘designated’’ and inserting ‘‘described’’. (2) by adding at the end the following: for crimes listed in this section, except that the Director may waive the requirement of this (c) 24-HOUR RULE.—Section 1201(b) of title 18, ‘‘§ 3486A. Administrative subpoenas in cases clause if a State demonstrates an overriding United States Code, is amended by adding at the involving child abuse and child sexual ex- need for assistance under this subsection. end the following: ‘‘Notwithstanding the preced- ploitation ing sentence, the fact that the presumption ‘‘(B) REGULATIONS.— under this section has not yet taken effect does ‘‘(a) AUTHORIZATION.— ‘‘(i) IN GENERAL.—Not later than 90 days after ‘‘(1) IN GENERAL.—In any investigation relat- the date of enactment of this subsection, the Di- not preclude a Federal investigation of a posing to any act or activity involving a violation rector shall promulgate regulations to implement sible violation of this section before the 24-hour of section 1201, 2241(c), 2242, 2243, 2251, 2251A, this subsection (including the information that period has ended.’’. 2252, 2252A, 2260, 2421, 2422, or 2423 of this title must be included and the requirements that the SEC. 703. MORGAN P. HARDIMAN CHILD ABDUC- in which the victim is an individual who has States must meet) in submitting the applications TION AND SERIAL MURDER INVES- TIGATIVE RESOURCES CENTER. not attained the age of 18 years, the Attorney required under this subsection. In allocating General, or the designee of the Attorney Gen- funds under this subsection, the Director may (a) ESTABLISHMENT.—Not later than 90 days eral, may issue in writing and cause to be served consider the annual number of sex offenders after the date of enactment of this Act, the At- a subpoena— registered in each eligible State’s monitoring torney General shall establish within the Fed- ‘‘(A) requiring a provider of electronic commu- and notification programs. eral Bureau of Investigation a Child Abduction and Serial Murder Investigative Resources Cen- nication service or remote computing service to ‘‘(ii) CERTAIN TRAINING PROGRAMS.—Prior to disclose the name, address, local and long dis- implementing this subsection, the Director shall ter to be known as the ‘‘Morgan P. Hardiman tance telephone toll billing records, telephone study the feasibility of incorporating into the Child Abduction and Serial Murder Investiga- number or other subscriber number or identity, SOMA program the activities of any technical tive Resources Center’’ (in this section referred and length of service of a subscriber to or cus- assistance or training program established as a to as the ‘‘CASMIRC’’). (b) PURPOSE.—The CASMIRC shall be man- tomer of such service and the types of services result of section 40152 of this Act. In a case in aged by National Center for the Analysis of Vio- the subscriber or customer utilized, which may which incorporating such activities into the lent Crime of the Critical Incident Response be relevant to an authorized law enforcement SOMA program will eliminate duplication of ef- Group of the Federal Bureau of Investigation inquiry; or forts or administrative costs, the Director shall (in this section referred to as the ‘‘NCAVC’’), ‘‘(B) requiring a custodian of records to give take administrative actions, as allowable, and and by multidisciplinary resource teams in Fed- testimony concerning the production and au- make recommendations to Congress to incor- eral Bureau of Investigation field offices, in thentication of such records or information. porate such activities into the SOMA program order to provide investigative support through ‘‘(2) ATTENDANCE OF WITNESSES.—Witnesses prior to implementing the SOMA program. the coordination and provision of Federal law summoned under this section shall be paid the ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— enforcement resources, training, and application same fees and mileage that are paid witnesses in There is authorized to be appropriated to carry of other multidisciplinary expertise, to assist the courts of the United States. out this subsection, $25,000,000 for each of fiscal Federal, State, and local authorities in matters ‘‘(b) PROCEDURES APPLICABLE.—The same years 1999 and 2000.’’. involving child abductions, mysterious dis- procedures for service and enforcement as are (b) STUDY.—Not later than March 1, 2000, the appearance of children, child homicide, and se- provided with respect to investigative demands Director shall conduct a study to assess the effi- rial murder across the country. The CASMIRC in section 3486 apply with respect to a subpoena cacy of the Sex Offender Management Assist- shall be co-located with the NCAVC. issued under this section.’’. ance Program under section 170101(i) of the Vio- (c) DUTIES OF THE CASMIRC.—The CASMIRC lent Crime Control and Law Enforcement Act of (b) TECHNICAL AND CONFORMING AMEND- shall perform such duties as the Attorney Gen- 1994 (42 U.S.C. 14071(i)), as added by this sec- MENT.—The analysis for chapter 223 of title 18, eral determines appropriate to carry out the tion, and submit recommendations to Congress. United States Code, is amended by striking the purposes of the CASMIRC, including— item relating to section 3486 and inserting the TITLE VII—MURDER AND KIDNAPPING (1) identifying, developing, researching, ac- following: INVESTIGATIONS quiring, and refining multidisciplinary informa- ‘‘3486. Administrative subpoenas in Federal SEC. 701. AUTHORITY TO INVESTIGATE SERIAL tion and specialities to provide for the most cur- health care investigations. KILLINGS. rent expertise available to advance investigative ‘‘3486A. Administrative subpoenas in cases in- (a) IN GENERAL.—Chapter 33 of title 28, knowledge and practices used in child abduc- volving child abuse and child sex- United States Code, is amended by adding at the tion, mysterious disappearance of children, ual exploitation.’’. end the following: child homicide, and serial murder investigations; H10570 CONGRESSIONAL RECORD — HOUSE October 12, 1998 (2) providing advice and coordinating the ap- formance review), and service with the exploitation at the hands of predators on the plication of current and emerging technical, fo- CASMIRC shall be without interruption or loss Internet and increasing the ease of trafficking rensic, and other Federal assistance to Federal, of civil service privilege or status and shall be in child pornography. State, and local authorities in child abduction, on a nonreimbursable basis, except if appro- (b) SENSE OF CONGRESS.—It is the sense of mysterious disappearances of children, child priate to reimburse State and local law enforce- Congress that State Governors, State legislators, homicide, and serial murder investigations; ment for overtime costs for an individual ap- and State prison administrators should prohibit (3) providing investigative support, research pointed to work with the resource team. Addi- unsupervised access to the Internet by State findings, and violent crime analysis to Federal, tionally, reimbursement of travel and per diem prisoners. State, and local authorities in child abduction, expenses will occur for State and local law en- SEC. 803. SURVEY. mysterious disappearances of children, child forcement participation in resident fellowship (a) SURVEY.—Not later than 6 months after homicide, and serial murder investigations; programs at the NCAVC when offered. the date of enactment of this Act, the Attorney (4) providing, if requested by a Federal, State, (3) TRAINING.—CASMIRC personnel, under General shall conduct a survey of the States to or local law enforcement agency, on site con- the guidance of the Federal Bureau of Inves- determine to what extent each State allows pris- sultation and advice in child abduction, mys- tigation’s National Center for the Analysis of oners access to any interactive computer service terious disappearances of children, child homi- Violent Crime and in consultation with the Na- and whether such access is supervised by a pris- cide and serial murder investigations; tional Center For Missing and Exploited Chil- on official. (5) coordinating the application of resources dren, shall develop a specialized course of in- (b) REPORT.—The Attorney General shall sub- of pertinent Federal law enforcement agencies, struction devoted to training members of the mit a report to Congress of the findings of the and other Federal entities including, but not CASMIRC consistent with the purpose of this survey conducted pursuant to subsection (a). limited to, the United States Customs Service, section. The CASMIRC shall also work with the (c) STATE DEFINED.—In this section, the term the Secret Service, the Postal Inspection Service, National Center For Missing and Exploited ‘‘State’’ means each of the 50 States and the and the United States Marshals Service, as ap- Children and the Office of Juvenile Justice and District of Columbia. propriate, and with the concurrence of the Delinquency Prevention of the Department of TITLE IX—STUDIES agency head to support Federal, State, and Justice to develop a course of instruction for local law enforcement involved in child abduc- State and local law enforcement personnel to fa- SEC. 901. STUDY ON LIMITING THE AVAILABILITY tion, mysterious disappearance of a child, child OF PORNOGRAPHY ON THE INTER- cilitate the dissemination of the most current NET. homicide, and serial murder investigations; multidisciplinary expertise in the investigation (6) conducting ongoing research related to (a) IN GENERAL.—Not later than 90 days after of child abductions, mysterious disappearances the date of enactment of this Act, the Attorney child abductions, mysterious disappearances of of children, child homicides, and serial murder children, child homicides, and serial murder, in- General shall request that the National Acad- of children. emy of Sciences, acting through its National Re- cluding identification and investigative applica- (e) REPORT TO CONGRESS.—One year after the tion of current and emerging technologies, iden- search Council, enter into a contract to conduct establishment of the CASMIRC, the Attorney a study of computer-based technologies and tification of investigative searching technologies General shall submit to Congress a report, and methods for physically locating abducted other approaches to the problem of the avail- which shall include— ability of pornographic material to children on children, investigative use of offender behav- (1) a description of the goals and activities of the Internet, in order to develop possible amend- ioral assessment and analysis concepts, gather- the CASMIRC; and ments to Federal criminal law and other law en- ing statistics and information necessary for case (2) information regarding— forcement techniques to respond to the problem. identification, trend analysis, and case linkages (A) the number and qualifications of the mem- (b) CONTENTS OF STUDY.—The study under to advance the investigative effectiveness of out- bers appointed to the CASMIRC; this section shall address each of the following: standing abducted children cases, develop inves- (B) the provision of equipment, administrative (1) The capabilities of present-day computer- tigative systems to identify and track serious se- support, and office space for the CASMIRC; and based control technologies for controlling elec- rial offenders that repeatedly victimize children (C) the projected resource needs for the tronic transmission of pornographic images. for comparison to unsolved cases, and other in- CASMIRC. (2) Research needed to develop computer- vestigative research pertinent to child abduc- (f) AUTHORIZATION OF APPROPRIATIONS.— based control technologies to the point of prac- tion, mysterious disappearance of a child, child There are authorized to be appropriated to carry tical utility for controlling the electronic trans- homicide, and serial murder covered in this sec- out this section such sums as may be necessary mission of pornographic images. tion; for each of fiscal years 1999, 2000, and 2001. (3) Any inherent limitations of computer- (7) working under the NCAVC in coordination (g) CONFORMING AMENDMENT.—Subtitle C of with the National Center For Missing and Ex- title XVII of the Violent Crime Control and Law based control technologies for controlling elec- ploited Children and the Office of Juvenile Jus- Enforcement Act of 1994 (42 U.S.C. 5776a et seq.) tronic transmission of pornographic images. (4) Operational policies or management tech- tice and Delinquency Prevention of the Depart- is repealed. ment of Justice to provide appropriate training niques needed to ensure the effectiveness of TITLE VIII—RESTRICTED ACCESS TO these control technologies for controlling elec- to Federal, State, and local law enforcement in INTERACTIVE COMPUTER SERVICES matters regarding child abductions, mysterious tronic transmission of pornographic images. disappearances of children, child homicides; and SEC. 801. PRISONER ACCESS. (c) FINAL REPORT.—Not later than 2 years (8) establishing a centralized repository based Notwithstanding any other provision of law, after the date of enactment of this Act, the At- upon case data reflecting child abductions, mys- no agency, officer, or employee of the United torney General shall submit to the Committees terious disappearances of children, child homi- States shall implement, or provide any financial on the Judiciary of the House of Representatives cides and serial murder submitted by State and assistance to, any Federal program or Federal and the Senate a final report of the study under local agencies, and an automated system for the activity in which a Federal prisoner is allowed this section, which report shall— efficient collection, retrieval, analysis, and re- access to any electronic communication service (1) set forth the findings, conclusions, and porting of information regarding CASMIRC in- or remote computing service without the super- recommendations of the Council; and vestigative resources, research, and requests for vision of an official of the Federal Government. (2) be submitted by the Committees on the Ju- and provision of investigative support services. SEC. 802. RECOMMENDED PROHIBITION. diciary of the House of Representatives and the (d) APPOINTMENT OF PERSONNEL TO THE (a) FINDINGS.—Congress finds that— Senate to relevant Government agencies and CASMIRC.— (1) a Minnesota State prisoner, serving 23 committees of Congress. (1) SELECTION OF MEMBERS OF THE CASMIRC years for molesting teenage girls, worked for a SEC. 902. STUDY OF HOTLINES. AND PARTICIPATING STATE AND LOCAL LAW EN- nonprofit work and education program inside (a) IN GENERAL.—Not later than 1 year after FORCEMENT PERSONNEL.—The Director of the the prison, through which the prisoner had un- the date of the enactment of this Act, the Attor- Federal Bureau of Investigation shall appoint supervised access to the Internet; ney General shall conduct a study in accord- the members of the CASMIRC. The CASMIRC (2) the prisoner, through his unsupervised ac- ance with subsection (b) and submit to Congress shall be staffed with Federal Bureau of Inves- cess to the Internet, trafficked in child pornog- a report on the results of that study. tigation personnel and other necessary person- raphy over the Internet; (b) CONTENTS OF STUDY.—The study under nel selected for their expertise that would enable (3) Federal law enforcement authorities this section shall include an examination of— them to assist in the research, data collection, caught the prisoner with a computer disk con- (1) existing State programs for informing the and analysis, and provision of investigative sup- taining 280 pictures of juveniles engaged in sex- public about the presence of sexual predators report in child abduction, mysterious disappear- ually explicit conduct; leased from prison, as required in section 170101 ance of children, child homicide and serial mur- (4) a jury found the prisoner guilty of conspir- of the Violent Crime Control and Law Enforce- der investigations. The Director may, with con- ing to trade in child pornography and possess- ment Act of 1994 (42 U.S.C. 14071), including the currence of the appropriate State or local agen- ing child pornography; use of CD-ROMs, Internet databases, and Sex- cy, also appoint State and local law enforce- (5) the United States District Court for the ual Offender Identification Hotlines, such as ment personnel to work with the CASMIRC. District of Minnesota sentenced the prisoner to those used in the State of California; and (2) STATUS.—Each member of the CASMIRC 87 months in Federal prison, to be served upon (2) the feasibility of establishing a national (and each individual from any State or local the completion of his 23-year State prison term; hotline for parents to access a Federal Bureau law enforcement agency appointed to work with and of Investigation database that tracks the loca- the CASMIRC) shall remain as an employee of (6) there has been an explosion in the use of tion of convicted sexual predators established that member’s or individual’s respective agency the Internet in the United States, further plac- under section 170102 of the Violent Crime Con- for all purposes (including the purpose of per- ing our Nation’s children at risk of harm and trol and Law Enforcement Act of 1994 (42 U.S.C. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10571 14072) and, in determining that feasibility, the to meet their new online friend face-to- maximum prison sentence available for Attorney General shall examine issues including face have been kidnapped, raped, pho- second-time sex offenders. the cost, necessary changes to Federal and State tographed for child pornography, or H.R. 3494 gives law enforcement the laws necessitated by the creation of such a hot- worse. Some children have never been tools it needs to track down line, consistency with Federal and State case law pertaining to community notification, and heard from again. pedophiles, kidnappers and serial kill- the need for, and accuracy and reliability of, Three factors: the skyrocketing oners. The bill allows for administrative the information available through such a hotline presence of children, the prolifera- subpoenas in certain child exploitation line. tion of child pornography on the Inter- investigations and provides for the im- Amend the title so as to read: ‘‘An Act to net and the presence of sexual preda- mediate commencement of Federal in- amend title 18, United States Code, to pro- tors trolling for unsupervised contact vestigations in kidnapping cases. tect children from sexual abuse and exploi- with children has resulted in a chilling The bill also allows for the Federal tation, and for other purposes.’’. mix which has resulted in far too many investigation of serial murder offenses The SPEAKER pro tempore. Pursu- terrible tragedies that steal the inno- when such an investigation is re- ant to the rule, the gentleman from Ar- cence from our children and create quested by a State or local law enforce- kansas (Mr. HUTCHINSON) and the gen- scars for life. ment agency with jurisdiction over the tleman from Florida (Mr. HASTINGS) H.R. 3494 provides law enforcement offense. each will control 20 minutes. with the tools it needs to investigate Mr. Speaker, this is a substantive bill The Chair recognizes the gentleman and bring to justice those individuals that the subcommittee has worked from Arkansas (Mr. HUTCHINSON). who prey on our Nation’s children and very hard to put together. It is the GENERAL LEAVE sends a message to those individuals most comprehensive package of new Mr. HUTCHINSON. Mr. Speaker, I who commit these heinous crimes that crimes and increased penalties we have ask unanimous consent that all Mem- they will be punished swiftly and se- ever developed in response to this hor- bers may have 5 legislative days within verely. rible problem. which to revise and extend their re- The other body made some amend- It is a bipartisan effort. It is sup- marks on H.R. 3494, the bill under con- ments to the House-passed version of ported by the administration. More- sideration. this bill, which I think are disappoint- over, this bill received a great amount The SPEAKER pro tempore. Is there ing. The underlying House bill would of input from several Members of Con- objection to the request of the gen- have prohibited contacting a minor gress, Federal, State and local law en- tleman from Arkansas? over the Internet for purposes of engag- forcement, child advocacy groups and There was no objection. ing in illegal sexual activity. The Sen- victims’ parents. Were it not for their Mr. HUTCHINSON. Mr. Speaker, I ate amendment, which we are consider- invaluable assistance, I would not be yield myself such time as I may con- ing today, strikes this language. proposing this essential package of leg- sume. The House bill also would have estab- islation today. Mr. Speaker, H.R. 3494, the Child Pro- lished a 3-year minimum term of im- Mr. Speaker, the chairman, the gen- tection and Sexual Predator Punish- prisonment for using that computer to tleman from Florida (Mr. MCCOLLUM), ment Act of 1998, is a very important entice or coerce a minor to engage in could not be here today, but I know he piece of legislation that responds to illegal sexual activity and would have is very pleased that this legislation has the horrifying threat of sex crimes cracked down on serial rapists by man- received such overwhelming support by against children, particularly crimes dating life in prison for such repeat of- the House and Senate and that if it against children facilitated by the fenders. Unfortunately, the Senate passes today it will go to the President Internet. amendment strikes this language. for signature. The House passed this measure in However, there are a good number of This is an important bill, and I urge June by a vote of 416 to zero, and the things in this bill, and I am convinced my colleagues to support it. other body passed the bill with amend- the bill will be of great assistance to Mr. Speaker, I reserve the balance of ments by unanimous consent this past the criminal justice community. my time. Friday night. This bill targets pedophiles who stalk Mr. HASTINGS of Florida. Mr. Mr. Speaker, industry experts esti- children on the Internet. It prohibits Speaker, I yield myself such time as I mate that more than 10 million chil- knowingly transferring obscene mate- may consume. dren currently spend time on the infor- rials to a minor or an assumed minor Mr. Speaker, on behalf of the gen- mation superhighway; and by the year over the Internet. This bill also pro- tleman from Michigan (Mr. CONYERS), 2002, 45 million children will use the hibits transmitting or advertising iden- who cannot be with us at this time, I Internet to talk with friends, do home- tifying information about a child to en- rise in support of this timely, much- work assignments and explore the vast courage or facilitate criminal sexual needed piece of legislation. world around them. Computer tech- activity. This bill doubles the maxi- H.R. 3494 is a comprehensive response nologies and Internet innovations have mum prison sentence from 5 to 10 years to the horrifying menace of sex crimes unveiled a world of information that is for enticing a minor to travel across against children, particularly assaults literally just a mouse click away. State lines to engage in illegal sexual facilitated by computers. While there Unfortunately, individuals who seek activity and increases the maximum are currently no estimates as to the children to sexually exploit and vic- prison sentence from 10 to 15 years for number of children victimized in cyber- timize them are also a mouse click persuading a minor to engage in pros- space, the rate at which Federal, State away. Sex offenders who prey on chil- titution or a sexual act. and local law enforcement are con- dren no longer need to hang out in In addition to Internet-related fronted with these types of cases is parks or malls or school yards. Instead, crimes, this bill also includes other growing at a rapid rate. they can roam from web site to chat very important provisions, such as au- The Child Protection and Sexual room seeking victims with little risk thorizing criminal forfeiture and pre- Predator Punishment Act seeks to ad- of detection. trial detention for Federal sex offend- dress the challenges posed by the new The anonymous nature of the online ers. The bill also increases the maxi- computer age to these challenges by relationship allows users to misrepre- mum prison sentence from 10 to 15 providing law enforcement with the sent their age, gender or interests. years for transporting a minor in inter- tools it needs to investigate and bring Children are rarely supervised while state commerce for prostitution or sex- to justice those individuals who prey they are on the Internet. Unfortu- ual activity and requires the U.S. Sen- on our Nation’s children. nately, this is exactly what cyber-pred- tencing Commission to review and b ators look for. amend the sentencing guidelines to in- 1430 We are seeing numerous accounts in crease the penalties for a number of The legislation makes a number of which pedophiles have used the Inter- Federal sex offenses against children. important changes, principally by tar- net to seduce or persuade children to This bill doubles prison sentences for geting pedophiles who stalk children meet them to engage in sexual activi- abusive sexual contact if the victim is on the Internet and by cracking down ties. Children who have been persuaded under the age of 12 and doubles the on pedophiles who use and distribute H10572 CONGRESSIONAL RECORD — HOUSE October 12, 1998 child pornography to lure children into Mr. HUTCHINSON. Mr. Speaker, I knew that nothing could be done le- sexual encounters. yield three minutes to the distin- gally, they knew that any pedophile This legislation passed the House guished gentleman from Illinois (Mr. that read these messages could find unanimously last June. However, the WELLER). their home and find their daughter. Senate made several significant (Mr. WELLER asked and was given Due to this grave danger, they sold changes to that bill. Many of these permission to revise and extend his re- their home, uprooted their lives, left changes are worthwhile. For example, marks.) their church and schools and moved this version of the bill contains no Mr. WELLER. Mr. Speaker, I thank out of their community. mandatory minimum sentences. Al- my friend from Arkansas for yielding At this time Mrs. Boehle contacted though none of us support the type of me time. me seeking help. As a result of working conduct covered by the bill, it is not Mr. Speaker, I am pleased to be here in response to Mrs. Boehle’s leadership productive to tie judges’ hands with in support of what is very, very impor- and with the help of local, state and one-size-fits-all mandatory minimum tant legislation, legislation that is in- Federal law enforcement, I introduced sentences. tended to protect children from those H.R. 2815, the Protecting Children from The original House bill was also too who would prey on them using the lat- Internet Predators Act. I want to broad in that it made it a crime to con- est technology. The Child Protection thank the gentleman from Florida and Sexual Predator Punishment Act tact or attempt to contact a minor. (Chairman MCCOLLUM) for including This was so broad that it would have is important legislation that has this important piece of legislation as covered a simple ‘‘hello’’ in an Internet earned bipartisan support, deserves bi- an amendment to H.R. 3494. This provi- chat room. Targeting attempts to partisan support, and I hope will be sion will make it illegal to use the make contact is like prosecuting a signed into law by the President soon. Internet to transmit the name, tele- I particularly want to thank the gen- thought crime. phone number or other identifying in- tleman from Florida (Chairman Another overbroad provision in the formation of a child. MCCOLLUM), who is, unfortunately, not original House bill would have prohib- Mr. Speaker, we need to do every- with us here today, for his leadership ited transmittal of identifying infor- thing we can to ensure that the mation about any person under 18 for and help on this legislation, as well as Members of the committee for their bi- wierdos, the whackos, the slimeballs, the purpose of encouraging unlawful those who would use the latest tech- sexual activity. This would have had partisan efforts in getting this important legislation through the House, nology to prey on children and their the absurd result of prohibiting a per- families, are stopped. I applaud the son under the age of 18 from e-mailing through the Senate and now ready to send to the President. work of the Committee on the Judici- her own address or telephone number I would like to speak briefly on a pro- ary and applaud the work of the House to her boyfriend. The Senate fixed this vision I sought to have included in this and ask unanimous support for this problem by making it clear that a vio- legislation as a response to an unfortu- legislation. lation must involve someone else’s nate incident that occurred in the 11th [From the Herald News, Apr. 19, 1998] identifying information. Congressional District of Illinois in the FREE SPEECH, CHILD SAFETY AT ODDS Another problematic provision in the south suburbs. (By Dori Meinert) original House bill gives the Attorney In the summer of 1977, the Boehle General sweeping authority to sub- WASHINGTON.—You say your 10-year-old family in Joliet, Illinois, began receiv- daughter needs to do a little research for a poena records and witnesses in inves- ing telephone calls at all hours of the school paper on the government? tigations involving crimes against chil- day and night, strange men asking for If she logs on to an innocuous looking ad- dren. We need to be extremely careful their nine year old daughter by name. dress that includes the word ‘‘whitehouse,’’ before we further extend the Justice Now, imagine that. Imagine if you are you’ll both be in for a surprise. Department’s administrative subpoena a parent with a little girl under the age Instead of information about the president, authority. This gives Federal agents she’ll see a scantily clad woman lying on an of 10, and at all hours of the day and American flag. The Web site boasts that it’s the power to compel disclosures with- night strange men are calling asking out any oversight by a Federal judge. ‘‘one of the most controversial and erotic specifically for your little girl, your Web sites in the world.’’ I am also pleased to announce that daughter, by name. Such sites are noted by some in Congress we have reached accommodation on As a result of that, the family looked to argue in support of federal regulation of new reporting requirements for Inter- into why they were trying to get phone the Internet, which some 62 million Ameri- net service providers. Under the bill, calls, and they discovered that some- cans now are using. Internet service providers have a duty body had posted messages on the Inter- How can society protect both free speech to make a report to law enforcement and children in cyberspace? net posing as their nine year old little That’s the problem that faces members of authorities when they obtain knowl- girl. The messages implied that she edge of a material from which a viola- Congress this spring as they sort through was having sex with her father, that several bills introduced since the Supreme tion of the Federal child pornography she wanted to have sex with other Court last year overturned the Communica- laws is apparent. I believe this is grown men, and that she had photos for tions Decency Act, which would have banned stricter than the probable cause stand- sale. the dissemination to minors any material ard which has also been proposed and These messages were posted on mes- that is ‘‘indecent’’ or ‘‘patently offensive.’’ will reduce incentives for over-report- sage boards targeted to pedophiles, and Given the huge constitutional issues in- ing. This standard is acceptable to pro- they included her full name, home volved and the shortened congressional work schedule this year, it’s unclear whether any viders such as America On Line. phone number and her hometown. As a The principal concern that I believe of these bills will be enacted before Congress result of these messages, they began adjourns this fall. the gentleman from Michigan (Mr. receiving these disturbing telephone However, if any of the more than 50 Inter- CONYERS) and other Members have, and calls for their nine year old little girl net-related bills stand a chance of passage in so do I, with the revised bill, is that it at all hours of the day and night. this election year, it would be those that aim excludes language from the Violence When Mrs. Boehle read with horror to protect children, observers say. against Women Act II bill that the gen- the messages that were posted about CONGRESS IN QUANDARY tleman from Michigan (Mr. CONYERS) her daughter, she called the police, and ‘‘Congress is in a quandary,’’ said Jeff and the gentleman from New York (Mr. they told her that nothing could be Chester, executive director of the Center for SCHUMER) introduced this year and done, that there was no law against Media Education, which advocates Internet which the House added unanimously. this type of action. regulation to protect children. The various Although the Senate was not ready to She contacted the FBI, and they bills set different age limits for ‘‘minors,’’ expand the rights of women who are worked for three weeks to try and find ranging from age 16 to 18. ‘‘Clearly, we need to put some laws in subject to horrible abuse, we will con- a statute, a law, they could use to pros- place to protect some children and youth tinue to fight for them in the future ecute the perpetrator, and they came who are online. The goal is to strike a bal- until this bill becomes law. up empty. ance that nurtures the First Amendment po- Mr. Speaker, I reserve the balance of The police advised the Boehle family tential of the Internet, but at the same time my time. to move, which they did. While they safeguards our privacy,’’ Chester said. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10573 On Thursday, the House crime subcommit- software and found it blocked access to al- As a reporter myself, I am very protective tee is scheduled to hold a hearing on propos- most 90 percent of Internet sites that men- of my First Amendment rights, but no one als for protecting kids from cyber-predators. tioned common phrases such as ‘‘American needs to have the right to endanger chil- Among those expected to testify are Debo- Red Cross,’’ ‘‘Bill of Rights,’’ and ‘‘Smithso- dren’s lives. The Constitution was written to rah Boehle of Kane County, whose family has nian Institution.’’ protect the citizens of this country, not to filed a $3 million civil suit against a former The Clinton administration and many in put us at risk. When the writers of the Con- neighbor in Joliet for allegedly posting their Congress are reluctant to restrict the bur- stitution said we had a right to bear arms, 9-year-old daughter’s name and phone num- geoning information technology industry, they were talking about a musket, not a ber on 14 Internet newsgroups with messages preferring instead to encourage voluntary fully automatic rifle. They said we had a indicating she was available for sex. self-monitoring. right to express ourselves freely so that we The family says it was forced to move from ‘‘The Internet is Aladdin’s lamp,’’ Chester could voice our opinion in a newspaper col- their Joliet home out of fear that a said. ‘‘Rub it the right way and it will trans- umn and not be tarred and feathered. They pedophile would show up on their doorstep. form the American economy and the politi- could not have even imagined that someday Rep. Jerry Weller, R–Morris, and Sen. cal system and enrich us all. On the other there would be a medium such as the Inter- Carol Moseley-Braun, D–Ill., have proposed hand, that genie out of the bottle is likely to net that would allow citizens to write some- legislation attempting to punish those who be an insidious monster robbing us of pri- thing that could endanger a child’s life and solicit children for criminal acts over the vacy.’’ that it could be read by millions. Internet. Durbin clearly sees that there are limits to Moseley-Braun, who is expected to intro- [From the Courier News, Mar. 18, 1998] the Fourth Amendment because there is no reason that a law-abiding citizen would need duce her bill next week, has been working INTERNET ABUSE SHOWS NEED FOR SPEECH to purchase a fully automatic rifle to go with the American Civil Liberties Union LIMITS (ACLU) to craft a narrowly tailored version duck hunting. And there are limits to the (By Deborah Boehle) that could survive a court challenge. First Amendment. While pornography is not What would you do if you discovered that PREDATORS LOOM illegal, child pornography is. It is illegal to your 9-year old daughter’s name and phone shout fire in a crowded theater because it is A growing concern for law-enforcement number had been posted by someone on 14 dangerous. Certainly, it should be illegal to agencies are predators who lure children into Internet newsgroups, along with messages write something on the Internet that can en- on-line ‘‘chat rooms’’ and eventually to real- that were invitations to pedophiles to call danger a child’s life or well-being. We don’t life meetings. her 24 hours a day? need any more laws named after dead little Rep. Bill McCollum, R–Fla., who chairs the When this happened to us last August, we girls. Let us pass a law now. House crime subcommittee, has proposed called the police, but it was like a slap in the legislation that would prohibit contacting a Mr. HUTCHINSON. Mr. Speaker, I face to be told that little could be done. I yield three minutes to the gentleman minor over the Internet for the purposes of couldn’t believe that this was not illegal, so engaging in illegal sexual activity and I called the state police, the FBI, the state’s from New Jersey (Mr. FRANKS). knowningly transferring obscene materials attorney, the attorney general and many Mr. FRANKS of New Jersey. Mr. to a minor over the Internet. more government offices. Speaker, I thank the gentleman for Next month, the Senate may hold a ‘‘high- In fact, I was on the phone all day. Person yielding me time. tech’’ week devoted to several Internet-re- after person told me that this was not Mr. Speaker, as cochair of the Miss- lated bills, including those aimed at protect- against the law. After all, when the Supreme ing and Exploited Children’s Caucus, I ing children. Court struck down the Communications De- wanted to congratulate the gentleman Senate Commerce Committee Chairman cency Act only two months earlier, they had John McCain, R–Ariz., has been discussing from Florida (Chairman MCCOLLUM), reinforced the right of Americans to say any- the gentleman from Illinois (Chairman that possibility with Senate Majority Leader thing on the Internet. HYDE) and the members of the Commit- Trent Lott, R–Miss., McCain’s aide said. Our life had been turned upside-down. A One proposal likely to come up for a floor part of our daughter’s childhood had been tee on the Judiciary for their excellent vote that week is McCain’s bill that would stolen from her. She was now fearful of work on this bill. require public schools and libraries to use things that she should not even know exists, I rise to briefly turn my colleagues’ special ‘‘filtering’’ technology to keep chil- and everybody kept talking about the other attention to two of its important pro- dren from gaining access to pornographic guy’s rights. We’re not even talking about vision. But first I want to share with materials on the Internet. The Commerce criminals’ right here, because this person you a tragic incident which was cov- Committee approved the bill last month. had not committed a crime. Why is there not The Senate also may take up a bill intro- ered in depth this morning on NBC’s a law to protect my daughter’s rights and Today Show. duced by Sen. Dan Coats, R–Ind., that would her well-being? ban commercial distribution over the Web of Twenty-five years ago, seven year old By using a reverse directory on the Inter- Joan D’Alessandro left her home in materials considered ‘‘harmful to minors.’’ net, any pedophile could have our complete Coat’s bill presents the same constitu- address within seconds. With only one more Hillsdale, New Jersey, to deliver Girl tional problems as its predecessor, the Com- click of the mouse, a pedophile could even Scout cookies to a neighbor. Three munications Decency Act, which was over- have a map of our neighborhood. Was there a days later, that neighbor, a 26 year old turned by the Supreme Court last June, said pedophile out there crazy enough to come schoolteacher, confessed to sexually ACLU Washington staff counsel Cassidy looking for our neighborhood? Those mes- molesting and then murdering little Sehgal. sages clearly stated that she wanted to have Yet, ‘‘Everyone says that if they vote Joan. sex with grown men, and the messages even But for the D’Alessandro family, the against an anti-pornography bill in an elec- promised pornographic pictures. tion year, it would be politically devastat- nightmare had just begun. For the past The police advised us to move—to leave 12 years, they have had to live with the ing,’’ Sehgal said. our neighborhood, our town, our friends, our The nation’s high court said the Commu- church and our children’s school. Although very real prospect that one day soon nications Decency Act, which was aimed at we could not afford to do so, we felt that no their daughter’s killer would be set protecting children, was so broad that it price was too high to pay for our daughter’s free. Rosemarie D’Alessandro, Joan’s would have restricted adult conversations. safety. mother, has been fighting this terrible The justices ruled that the Internet is enti- Since moving to our new home, I have been tled to the broadest free-speech protections. injustice. She has been the driving working to get legislation passed that would force behind a provision in this bill FILTERING TECHNOLOGY make it illegal for anyone to put personal in- that would mandate a sentence of no McCain’s bill requiring special technology formation on the Internet that could be used less than life imprisonment with no op- to filter out pornography at schools and li- to target a child for sexual contact. U.S. braries would place an added financial bur- Rep. Jerry Weller, R–Morris, introduced leg- portunity for early release for anyone den on poorer communities, which then may islation in the U.S. House last November, who commits a serious violent felony not be able to afford Internet access, Sehgal but it will not be an easy task to get this which results in the death of a child. said. legislation passed. Thanks to this bill, no family will The ACLU argues that such filtering soft- Our first nemesis is right here in Illinois: ever have to endure the double tragedy ware—which could cost an initial $8,000 and U.S. Sen. Richard Durbin. According to staff- of losing a child to an act of violence $3,000 a year to be maintained—is tanta- ers Joel Wiggington in the Washington, D.C., and then seeing their child’s killer mount to ‘‘removing books from the shelves’’ office and Adrienne Jones in the Chicago of- walk out of prison a free man. of the Internet that have value to adults and fice, Durbin refuses to support any legisla- Another important provision of this children alike. The ACLU has had some ini- tion such as this because he believes it is un- tial victories in the filtering battle in the constitutional. There is a price we pay for bill addresses a new and growing threat lower courts. democracy, but giving citizens unlimited to our children, child exploitation in The Washington-based Electronic Privacy free speech at the expense of children’s lives cyberspace. It would require the pro- Information Center tested some filtering is too high a price. viders of Internet services to report H10574 CONGRESSIONAL RECORD — HOUSE October 12, 1998 evidence of child pornography to law country who are doing everything they a legislator, I understand what the pro- enforcement authorities. Importantly, can to keep their children safe and in- tections in this legislation mean to Internet service providers would be nocent but may not be aware of the parents all over the country, and I urge protected from criminal or civil liabil- pedophiles who break into our homes my colleagues to support this bill. ity if they acted in good faith to assist by cruising the Internet. Mr. HASTINGS of Florida. Mr. in the effort to prosecute peddlers of In this age of ever-expanding tech- Speaker, I yield back the balance of kiddie porn. The requirement now in nology and personal computers in so my time. this bill is similar to the one that we many homes, pedophiles are increas- Mr. HUTCHINSON. Mr. Speaker, let already impose on photo development ingly using the anonymity of the Inter- me acknowledge the leadership of the labs when they discover evidence of net to pose as minors and befriend chil- gentlewoman from Washington on this child exploitation. With this provision, dren who are unknowingly lured into issue. law enforcement will have a powerful dangerous situations. Mr. RILEY. Mr. Speaker, I rise today in sup- new tool in combating child pornog- With both Megan’s Law and the port of H.R. 3494, the Child Protection and raphy in cyberspace. Jacob Wetterling Crimes Against Chil- Sexual Predator Punishment Act of 1998. I I strongly support these measures, as dren Act, we told sexual offenders you would also like to commend the gentleman well as the rest of the underlying bill, can run, but you can’t hide. These laws from Florida for introducing this important leg- and urge my colleagues to join me in have given neighborhoods a greater islation and agreeing to include my legislation, sending it to the President. sense of security by informing them H.R. 3185, the Abolishing Child Pornography Mr. HUTCHINSON. Mr. Speaker, I when a sexual predator might be living Act, as a portion of this bill. yield two minutes to the other gen- in their midst. In my view, this bill will go a long way to tleman from New Jersey (Mr. PAPPAS). But what about cyber-predators? Mr. PAPPAS. Mr. Speaker, I thank protect our children from those who choose to They may live anywhere; in our neigh- stalk them as their prey. the gentleman for yielding me time. borhood, in another state, across the Mr. Speaker, I rise in strong support No longer will it be legal for anyone to use country, and yet they still have access of H.R. 3494, the Child Protection Sex- the Internet to contact a child for sexual pur- to our children. These predators think ual Predator Punishment act. I am a poses. that they can hide behind the faceless, cosponsor of this legislation and I am No longer will prisoners in our jails be al- voiceless world of the Internet. Make glad we will be able to send this bill to lowed unrestricted and unsupervised access the President for his signature so we no mistake, they are wrong. to the Internet so they can continue to victim- That is why the McCollum-Dunn bill can better protect children from sexual ize our children. predators. is so critical to families across Amer- No longer will anyone be allowed to pos- Mr. Speaker, the Internet offers a ica. This legislation helps law enforce- sess any amount of child pornography for any wonderful way to expand the knowl- ment crack down on pedophiles who no reason. longer offer candy to unsuspecting edge and creativity of our nation’s And, no longer will it be difficult to prosecute children on the playground, but now children. This bill is an important in- these crimes nor will the penalties be light. offer companionship to children vestment by furthering Internet tech- Mr. Speaker, this bill sends a very clear and through an Internet chat room. nologies that keep our families safe. very strong message to these sexual preda- This bill tells sexual predators that With more young people using the tors: Whether it is over the Internet or on the the information superhighway is not a Internet every day, this is very timely. playground, stay away from our children or detour for deviant behavior. We will Moreover, I too am from a state, the pay the price. not stop until we enable every mother State of New Jersey, which has seen its I urge my colleagues in the House to vote and father to feel secure that their unfortunate share of sexual predators in favor of H.R. 3494Ðour children deserve children are safe from violence, at praying upon young children. Megan nothing less. Kanka and Amanda Wengart are two school, at home and in the neighborhood. Mr. GILMAN. Mr. Speaker, I rise today in victims of tragic situations where child support of H.R. 3494, the Protection of Chil- predators have caused devastating McCollum-Dunn will ensure that cyber-predators become real live pris- dren From Sexual Predators Act of 1998, as harm to families and communities. introduced by Representative MCCOLLUM. I have met with Karen Wengart, oners by providing law enforcement with the tools it needs to bring to jus- This bill amends the Federal Criminal Code Amanda’s mother, and her hard work to prohibit and penalize any individual using to close loopholes on both the state tice those who would prey on our children. By allowing the immediate com- the mail or Internet to transmit the name, and Federal levels has inspired me to phone number, address, or electronic mail ad- do more in my role as a Federal offi- mencement of Federal investigations in kidnapping cases, the FBI can begin dress of a person under the age of 16, with cial. the intent of enticing, offering, soliciting or en- This bill will toughen the laws on investigating a missing person’s report couraging illegal sexual activity. those who molest children, those who without waiting for 24 hours. The Internet, although a remarkable source traffic in child pornography, and those b 1445 of information and knowledge, makes it all too who try to entrap unsuspecting chil- easy for pedophiles to illegally contact our dren and urges governors, legislators, When an abducted child is not found children and engage in inappropriate commu- and prison administrators to prohibit in the first 24 hours, it becomes far nication and contact with them. unsupervised access to the Internet by more difficult to find that child at all. state prisoners. It is a good step in fur- By clarifying this rule, this bill offers H.R. 3494 provides prosecution for those in- thering our bipartisan efforts to stop parents greater peace of mind that dividuals producing child pornography if the child pornography. their child will be found quickly and visual portrayal was produced with materials I commend the gentleman from Flor- that he will not be frustrated by the in- mailed, shipped or transported by interstate or ida (Mr. MCCOLLUM) for listening to the action of law enforcement. foreign commerceÐincluding via the Internet. concerns of people like me who want Additionally, McCollum-Dunn metes This bill also prohibits using the mail or Inter- this Congress to do more to end pain to out harsher penalties for sexual preda- net to knowingly transfer obscene matter to families such as those we have men- tors. By doubling maximum prison sen- another individual known to be under the age tioned when our children are killed or tences and tightening child pornog- of 16. are the victims of sex crimes. raphy statutes, this bill cracks down The Protection of Children From Predators I urge all Members support this bill. on criminals who would use legal loop- Act recognizes the extremely serious nature of Mr. HUTCHINSON. Mr. Speaker, I holes to escape punishment. child pornography and abuse, and imposes yield three minutes to the gentle- Mr. Speaker, I believe this is the harsh penalties on pedophiles. Some of the woman from Washington (Ms. DUNN). most important legislation to protect provisions of this bill would double the maxi- (Ms. DUNN asked and was given per- children and give parents peace of mum term of imprisonment for abusive sexual mission to revise and extend her remind of any law since Megan’s Law, contact with children under age 12. Addition- marks.) which stemmed from Washington State ally, H.R. 3494 provides pre-trial detention of Ms. DUNN. Mr. Speaker, I rise today after the tragic death of my friend, those who commit specified Federal sex of- for mothers and dads all over this Diane Ballasiotes. As a mother and as fenses involving transportation of a minor for October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10575 illegal sexual activity. It also sets fines for ini- ‘‘(A) Armed Forces Day, the third Satur- ‘‘§ 20202. Organization tial and subsequent failures by computer serv- day in May. ‘‘(a) FEDERAL CHARTER.—Air Force Ser- ice providers to report violations of specified ‘‘(B) Memorial Day, the last Monday in geants Association (in this chapter, the ‘cor- May. offenses involving child pornography. poration’), a nonprofit corporation incor- ‘‘(C) Flag Day, June 14. porated in the District of Columbia, is a fed- Children should not be cheated of the bene- ‘‘(D) Independence Day, July 4. erally chartered corporation. fits of learning that the Internet offers them, ‘‘(E) National POW/MIA Recognition Day. ‘‘(b) EXPIRATION OF CHARTER.—If the cor- because of the existence of pedophiles on the ‘‘(F) Veterans Day, November 11. poration does not comply with any provision Internet. Parents and teachers should not be ‘‘(2) In addition to the days specified in of this chapter, the charter granted by this fearful that when a child logs on to his or her paragraph (1) of this subsection, POW/MIA chapter expires. flag display days include— ‘‘§ 20203. Purposes computer, that they will be the victim of a child ‘‘(A) in the case of display at medical cen- ‘‘(a) GENERAL.—The purposes of the cor- predator. ters of the Department of Veterans Affairs H.R. 3494 is a strong step towards fighting poration are as provided in its bylaws and ar- (required by subsection (d)(7) of this section), ticles of incorporation and include— child pornography and abuse, and institutes any day on which the flag of the United ‘‘(1) helping to maintain a highly dedicated much-needed precautions and penalties to en- States is displayed; and and professional corps of enlisted personnel sure the safety of our children. I know that my ‘‘(B) in the case of display at United States within the United States Air Force, includ- colleagues will join me in supporting this Postal Service post offices (required by sub- ing the United States Air Force Reserve, and worthwhile legislation. section (d)(8) of this section), the last busi- the Air National Guard; Mrs. HUTCHINSON. Mr. Speaker, I ness day before a day specified in paragraph ‘‘(2) supporting fair and equitable legisla- (1) that in any year is not itself a business have no further requests for time, and tion and Department of the Air Force poli- day. cies and influencing by lawful means depart- I yield back the balance of my time. ‘‘(d) LOCATIONS FOR FLAG DISPLAY.—The lo- mental plans, programs, policies, and legisla- cations for the display of the POW/MIA flag The SPEAKER pro tempore (Mr. tive proposals that affect enlisted personnel under subsection (b) of this section are the BASS). The question is on the motion of the Regular Air Force, the Air Force Re- following: offered by the gentleman from Arkan- serve, and the Air National Guard, its retir- ‘‘(1) The Capitol. sas (Mr. HUTCHINSON) that the House ees, and other veterans of enlisted service in ‘‘(2) The White House. the Air Force; suspend the rules and concur in the ‘‘(3) The Korean War Veterans Memorial ‘‘(3) actively publicizing the roles of en- Senate amendments to the bill, H.R. and the Vietnam Veterans Memorial. listed personnel in the United States Air 3494. ‘‘(4) Each national cemetery. Force; The question was taken. ‘‘(5) The buildings containing the official ‘‘(4) participating in civil and military ac- office of— Mr. HASTINGS of Florida. Mr. tivities, youth programs, and fundraising ‘‘(A) the Secretary of State; Speaker, I object to the vote on the campaigns that benefit the United States Air ‘‘(B) the Secretary of Defense; ground that a quorum is not present Force; ‘‘(C) the Secretary of Veterans Affairs; and and make the point of order that a ‘‘(5) providing for the mutual welfare of ‘‘(D) the Director of the Selective Service members of the corporation and their fami- quorum is not present. System. lies; The SPEAKER pro tempore. Pursu- ‘‘(6) Each major military installation, as ‘‘(6) assisting in recruiting for the United ant to clause 5 of rule I and the Chair’s designated by the Secretary of Defense. States Air Force; prior announcement, further proceed- ‘‘(7) Each medical center of the Depart- ‘‘(7) assembling together for social activi- ment of Veterans Affairs. ings on this motion will be postponed. ties; ‘‘(8) Each United States Postal Service The point of no quorum is considered ‘‘(8) maintaining an adequate Air Force for post office. withdrawn. our beloved country; ‘‘(e) COORDINATION WITH OTHER DISPLAY f REQUIREMENT.—Display of the POW/MIA flag ‘‘(9) fostering among the members of the at the Capitol pursuant to subsection (d)(1) corporation a devotion to fellow airmen; and CODIFYING LAWS RELATED TO ‘‘(10) serving the United States and the PATRIOTIC AND NATIONAL OB- of this section is in addition to the display of that flag in the Rotunda of the Capitol pur- United States Air Force loyally, and doing SERVANCES, CEREMONIES AND suant to Senate Concurrent Resolution 5 of all else necessary to uphold and defend the ORGANIZATIONS the 101st Congress, agreed to on February 22, Constitution of the United States. ‘‘(b) CORPORATE FUNCTION.—The corpora- Mr. HUTCHINSON. Mr. Speaker, I 1989 (103 Stat. 2533). ‘‘(f) DISPLAY TO BE IN A MANNER VISIBLE TO tion shall function as an educational, patri- move to suspend the rules and pass the THE PUBLIC.—Display of the POW/MIA flag otic, civic, historical, and research organiza- Senate bill (S. 2524) to codify without pursuant to this section shall be in a manner tion under the laws of the District of Colum- substantive change laws related to Pa- designed to ensure visibility to the public. bia. triotic and National Observances, Cere- ‘‘(g) LIMITATION.—This section may not be ‘‘§ 20204. Membership monies, and Organizations and to im- construed or applied so as to require any em- ‘‘(a) ELIGIBILITY.—Except as provided in prove the United States code. ployee to report to work solely for the pur- this chapter, eligibility for membership in pose of providing for the display of the POW/ The Clerk read as follows: the corporation and the rights and privileges MIA flag.’’. of members are as provided in the bylaws S. 2524 (2) In section 2102(b), strike ‘‘designated and articles of incorporation. Be it enacted by the Senate and House of Rep- personnel’’ and substitute ‘‘personnel made ‘‘(b) NONDISCRIMINATION.—The terms of resentatives of the United States of America in available to the Commission’’. membership may not discriminate on the Congress assembled, (3) In section 2501(2), insert ‘‘solicit,’’ be- basis of race, color, religion, sex, disability, SECTION 1. TITLE 36, UNITED STATES CODE. fore ‘‘accept,’’. age, or national origin. Title 36, United States Code, is amended as (4)(A) Insert after chapter 201 the follow- § ‘‘20205. Governing body follows: ing: ‘‘(a) BOARD OF DIRECTORS.—The board of di- (1) In section 902, strike subsections (b) and ‘‘CHAPTER 202—AIR FORCE SERGEANTS rectors and the responsibilities of the board (c) and substitute the following: ASSOCIATION are as provided in the bylaws and articles of ‘‘(b) REQUIRED DISPLAY.—The POW/MIA ‘‘Sec. incorporation. flag shall be displayed at the locations speci- ‘‘20201. Definition. ‘‘(b) OFFICERS.—The officers and the elec- fied in subsection (d) of this section on POW/ ‘‘20202. Organization. tion of officers are as provided in the bylaws MIA flag display days. The display serves— ‘‘20203. Purposes. and articles of incorporation. ‘‘20204. Membership. ‘‘(1) as the symbol of the Nation’s concern ‘‘(c) NONDISCRIMINATION.—The require- ‘‘20205. Governing body. ments for serving as a director or officer and commitment to achieving the fullest ‘‘20206. Powers. possible accounting of Americans who, hav- may not discriminate on the basis of race, ‘‘20207. Restrictions. color, religion, sex, disability, age, or na- ing been prisoners of war or missing in ac- ‘‘20208. Duty to maintain corporate and tax- tional origin. tion, still remain unaccounted for; and exempt status. ‘‘(2) as the symbol of the Nation’s commit- ‘‘20209. Records and inspection. ‘‘§ 20206. Powers ment to achieving the fullest possible ac- ‘‘20210. Service of process. ‘‘The corporation has only the powers pro- counting for Americans who in the future ‘‘20211. Liability for acts of officers and vided in its bylaws and articles of incorpora- may become prisoners of war, missing in ac- agents. tion filed in each State in which it is incor- tion, or otherwise unaccounted for as a re- ‘‘20212. Annual report. porated. sult of hostile action. ‘‘§ 20201. Definition ‘‘§ 20207. Restrictions ‘‘(c) DAYS FOR FLAG DISPLAY.—(1) For pur- ‘‘For purposes of this chapter, ‘State’ in- ‘‘(a) STOCK AND DIVIDENDS.—The corpora- poses of this section, POW/MIA flag display cludes the District of Columbia and the ter- tion may not issue stock or declare or pay a days are the following: ritories and possessions of the United States. dividend. H10576 CONGRESSIONAL RECORD — HOUSE October 12, 1998

‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— ‘‘21011. Liability for acts of officers and ‘‘§ 21007. Restrictions The income or assets of the corporation may agents. ‘‘(a) STOCK AND DIVIDENDS.—The corpora- not inure to the benefit of, or be distributed ‘‘21012. Annual report. tion may not issue stock or declare or pay a to, a director, officer, or member during the ‘‘§ 21001. Definition dividend. life of the charter granted by this chapter. ‘‘For purposes of this chapter, ‘State’ in- ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— This subsection does not prevent the pay- cludes the District of Columbia and the ter- The income or assets of the corporation may ment of reasonable compensation to an offi- ritories and possessions of the United States. not inure to the benefit of, or be distributed cer or employee or reimbursement for actual to, a director, officer, or member during the ‘‘§ 21002. Organization necessary expenses in amounts approved by life of the charter granted by this chapter. the board of directors. ‘‘(a) FEDERAL CHARTER.—American GI This subsection does not prevent the pay- ‘‘(c) LOANS.—The corporation may not Forum of the United States (in this chapter, ment of reasonable compensation to an offi- make a loan to a director, officer, employee, the ‘corporation’), a nonprofit corporation cer or employee or reimbursement for actual or member. incorporated in Texas, is a federally char- necessary expenses in amounts approved by ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR tered corporation. the board of directors. XPIRATION OF HARTER AUTHORITY.—The corporation may not claim ‘‘(b) E C .—If the cor- ‘‘(c) LOANS.—The corporation may not congressional approval or the authority of poration does not comply with any provision make a loan to a director, officer, employee, the United States Government for any of its of this chapter, the charter granted by this or member. activities. chapter expires. ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR ‘‘§ 20208. Duty to maintain corporate and tax- ‘‘§ 21003. Purposes AUTHORITY.—The corporation may not claim exempt status ‘‘(a) GENERAL.—The purposes of the cor- congressional approval or the authority of poration are as provided in its bylaws and ar- the United States Government for any of its ‘‘(a) CORPORATE STATUS.—The corporation activities. shall maintain its status as a corporation in- ticles of incorporation and include— corporated under the laws of the District of ‘‘(1) securing the blessing of American de- ‘‘§ 21008. Duty to maintain corporate and tax- Columbia. mocracy at every level of local, State, and exempt status national life for all United States citizens; ‘‘(b) TAX-EXEMPT STATUS.—The corpora- ‘‘(a) CORPORATE STATUS.—The corporation tion shall maintain its status as an organiza- ‘‘(2) upholding and defending the Constitu- shall maintain its status as a corporation in- tion exempt from taxation under the Inter- tion and the United States flag; corporated under the laws of Texas. nal Revenue Code of 1986 (26 U.S.C. 1 et seq.). ‘‘(3) fostering and perpetuating the prin- ‘‘(b) TAX-EXEMPT STATUS.—The corpora- ciples of American democracy based on reli- tion shall maintain its status as an organiza- ‘‘§ 20209. Records and inspection gious and political freedom for the individ- tion exempt from taxation under the Inter- ‘‘(a) RECORDS.—The corporation shall ual and equal opportunity for all; nal Revenue Code of 1986 (26 U.S.C. 1 et seq.). keep— ‘‘(4) fostering and enlarging equal edu- ‘‘§ 21009. Records and inspection ‘‘(1) correct and complete records of ac- cational opportunities, equal economic op- count; portunities, equal justice under the law, and ‘‘(a) RECORDS.—The corporation shall ‘‘(2) minutes of the proceedings of its mem- equal political opportunities for all United keep— bers, board of directors, and committees hav- States citizens, regardless of race, color, re- ‘‘(1) correct and complete records of ac- ing any of the authority of its board of direc- ligion, sex, or national origin; count; tors; and ‘‘(5) encouraging greater participation of ‘‘(2) minutes of the proceedings of its mem- ‘‘(3) at its principal office, a record of the the ethnic minority represented by the cor- bers, board of directors, and committees hav- names and addresses of its members entitled poration in the policy-making and adminis- ing any of the authority of its board of direc- to vote. trative activities of all departments, agen- tors; and ‘‘(b) INSPECTION.—A member entitled to cies, and other governmental units of local ‘‘(3) at its principal office, a record of the vote, or an agent or attorney of the member, and State governments and the United names and addresses of its members entitled may inspect the records of the corporation States Government; to vote. for any proper purpose, at any reasonable ‘‘(6) combating all practices of a preju- ‘‘(b) INSPECTION.—A member entitled to time. dicial or discriminatory nature in local, vote, or an agent or attorney of the member, may inspect the records of the corporation ‘‘§ 20210. Service of process State, or national life which curtail, hinder, or deny to any United States citizen an for any proper purpose, at any reasonable ‘‘The corporation shall comply with the time. law on service of process of each State in equal opportunity to develop full potential ‘‘§ 21010. Service of process which it is incorporated and each State in as an individual; and which it carries on activities. ‘‘(7) fostering and promoting the broader ‘‘The corporation shall comply with the knowledge and appreciation by all United law on service of process of each State in ‘‘§ 20211. Liability for acts of officers and States citizens of their cultural heritage and which it is incorporated and each State in agents language. which it carries on activities. ‘‘The corporation is liable for the acts of ‘‘(b) CORPORATE FUNCTION.—The corpora- ‘‘§ 21011. Liability for acts of officers and its officers and agents acting within the tion shall function as an educational, patri- agents scope of their authority. otic, civic, historical, and research organiza- ‘‘The corporation is liable for the acts of ‘‘§ 20212. Annual report tion under the laws of Texas. its officers and agents acting within the ‘‘The corporation shall submit an annual ‘‘§ 21004. Membership scope of their authority. report to Congress on the activities of the ‘‘(a) ELIGIBILITY.—Except as provided in ‘‘§ 21012. Annual report corporation during the prior fiscal year. The this chapter, eligibility for membership in ‘‘The corporation shall submit an annual report shall be submitted at the same time the corporation and the rights and privileges report to Congress on the activities of the as the report of the audit required by section of members are as provided in the bylaws corporation during the prior fiscal year. The 10101 of this title. The report may not be and articles of incorporation. report shall be submitted at the same time printed as a public document.’’. ‘‘(b) NONDISCRIMINATION.—The terms of as the report of the audit required by section (B) In the table of chapters at the begin- membership may not discriminate on the 10101 of this title. The report may not be ning of subtitle II, insert after the item re- basis of race, color, religion, sex, disability, printed as a public document.’’. lated to chapter 201: age, or national origin. (B) In the table of chapters at the begin- ‘‘202. AIR FORCE SERGEANTS ‘‘§ 21005. Governing body ning of subtitle II, insert after the item re- ASSOCIATION ...... 20201’’. ‘‘(a) BOARD OF DIRECTORS.—The board of di- lated to chapter 209: (5)(A) Insert after chapter 209 the follow- rectors and the responsibilities of the board ‘‘210. AMERICAN GI FORUM OF ing: are as provided in the bylaws and articles of THE UNITED STATES ...... 21001’’. incorporation. ‘‘CHAPTER 210—AMERICAN GI FORUM OF (6) In section 21703(1)(A)(iv), strike ‘‘De- ‘‘(b) OFFICERS.—The officers and the elec- THE UNITED STATES cember 22, 1961’’ and substitute ‘‘February 28, tion of officers are as provided in the bylaws ‘‘Sec. 1961’’. and articles of incorporation. ‘‘21001. Definition. (7) In section 70103(b), strike ‘‘the State ‘‘(c) NONDISCRIMINATION.—The require- ‘‘21002. Organization. of ’’. ments for serving as a director or officer ‘‘21003. Purposes. (8) In section 151303, subsections (f) and (g) may not discriminate on the basis of race, ‘‘21004. Membership. are amended to read as follows: color, religion, sex, disability, age, or na- ‘‘21005. Governing body. ‘‘(f) STATUS.—Appointment to the board tional origin. ‘‘21006. Powers. does not constitute appointment as an offi- ‘‘21007. Restrictions. ‘‘§ 21006. Powers cer or employee of the United States Govern- ‘‘21008. Duty to maintain corporate and tax- ‘‘The corporation has only the powers pro- ment for the purpose of any law of the exempt status. vided in its bylaws and articles of incorpora- United States. ‘‘21009. Records and inspection. tion filed in each State in which it is incor- ‘‘(g) COMPENSATION.—Members of the board ‘‘21010. Service of process. porated. serve without compensation. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10577

‘‘(h) LIABILITY.—Members of the board are SEC. 3. EFFECTIVE DATE. mitted under a law replaced by this Act is not personally liable, except for gross neg- The amendment made by section 1(8) of deemed to have been taken or committed ligence.’’. this Act shall take effect as if included in under the corresponding provision enacted (9) In section 151305(b), strike ‘‘the State the provisions of Public Law 105–225, as of by this Act. of ’’. the date of enactment of Public Law 105–225. (e) INFERENCES.—An inference of a legisla- (10) In section 152903(8), strike ‘‘Corpora- SEC. 4. LEGISLATIVE PURPOSE AND CONSTRUC- tive construction is not to be drawn by rea- tion’’ and substitute ‘‘corporation’’. TION. son of the location in the United States Code of a provision enacted by this Act or by rea- SEC. 2. TECHNICAL AMENDMENTS TO OTHER (a) NO SUBSTANTIVE CHANGE.—(1) Section 1 LAWS. of this Act restates, without substantive son of a heading of the provision. change, laws enacted before September 5, (f) SEVERABILITY.—If a provision enacted (a) The provisos in the paragraph under the 1998, that were replaced by section 1. Section by this Act is held invalid, all valid provi- heading ‘‘AMERICAN BATTLE MONUMENTS 1 may not be construed as making a sub- sions that are severable from the invalid pro- COMMISSION’’ in the Departments of Veterans stantive change in the laws replaced. vision remain in effect. If a provision en- Affairs and Housing and Urban Development, (2) Laws enacted after September 4, 1998, acted by this Act is held invalid in any of its and Independent Agencies Appropriations that are inconsistent with this Act supersede applications, the provision remains valid for Act, 1998 (Public Law 105–65, Oct. 27, 1997, 111 this Act to the extent of the inconsistency. all valid applications that are severable from Stat. 1368, 36 App. U.S.C. 121b, 122, and 122a) any of the invalid applications. are repealed. (b) REFERENCES.—A reference to a law replaced by this Act, including a reference in a SEC. 5. REPEALS. (b) Paragraph (3) of section 198(s) of the regulation, order, or other law, is deemed to (a) INFERENCES OF REPEAL.—The repeal of a National and Community Service Act of 1990 refer to the corresponding provision enacted law by this Act may not be construed as a (42 U.S.C. 12653(s)(3)) is repealed. by this Act. legislative inference that the provision was (c) Effective August 12, 1998, Public Law (c) CONTINUING EFFECT.—An order, rule, or or was not in effect before its repeal. 105–225 (Aug. 12, 1998, 112 Stat. 1253) is amend- regulation in effect under a law replaced by (b) REPEALER SCHEDULE.—The laws speci- ed as follows: this Act continues in effect under the cor- fied in the following schedule are repealed, (1) Section 4(b) is amended by striking responding provision enacted by this Act except for rights and duties that matured, ‘‘2320(d)’’ and substituting ‘‘2320(e)’’. until repealed, amended, or superseded. penalties that were incurred, and proceed- (2) Section 7(a), and the amendment made (d) ACTIONS AND OFFENSES UNDER PRIOR ings that were begun before the date of en- by section 7(a), are repealed. LAW.—An action taken or an offense com- actment of this Act: SCHEDULE OF LAWS REPEALED Statutes at Large

Statutes at Large U.S. Code Date Chapter or Public Law Section Volume Page Title Section

1997 Nov. 18 105–85 ...... 1082, 1501–1516 ...... 111 1917, 1963 ...... 36 App. 189a, 1101, 5801–5815 Nov. 20 105–110 ...... 111 2270 ...... 36 App. 45 1998 Aug. 7 105–220 ...... 413 ...... 112 1241 ...... 36 App. 155b Aug. 13 105–231 ...... 1–16 ...... 112 1530 ...... 36 App. 1101, 5901–5915

The SPEAKER pro tempore. Pursu- recently enacted as by Public Law 105±225, the rules and pass the Senate bill, S. ant to the rule, the gentleman from Ar- S. 2524 also makes technical corrections in 2524. kansas (Mr. HUTCHINSON) and the gen- title 36 and repels obsolete and unnecessary The question was taken; and (two- tleman from Florida (Mr. HASTINGS) provisions. S. 2425 is identical to H.R. 4529 thirds having voted in favor thereof) each will control 20 minutes. introduced by Chairman HYDE on September the rules were suspended and the Sen- The Chair recognizes the gentleman 9, 1998. ate bill was passed. from Arkansas (Mr. HUTCHINSON). This bill was prepared by the Office of the A motion to reconsider was laid on GENERAL LEAVE Law Revision Counsel of the House of Rep- the table. Mr. HUTCHINSON. Mr. Speaker, I resentatives under its statutory mandate (2 ask unanimous consent that all Mem- U.S.C. 285B) To prepare and submit periodi- f bers may have 5 legislative days within cally revisions of positive law titles of the code which to revise and extend their re- to keep those title current. MAKING FURTHER CONTINUING marks on the Senate bill now under The Law Revision Counsel assures me that APPROPRIATIONS FOR FISCAL consideration. S. 2524 makes no change in existing law. YEAR 1999 The SPEAKER pro tempore. Is there Therefore, no additional cost to the Govern- objection to the request of the gen- ment would be incurred as a result of enact- Mr. LIVINGSTON. Mr. Speaker, I ask tleman from Arkansas? ment of S. 2524. unanimous consent that the Commit- There was no objection. Enactment of S. 2524 would not affect direct tee on Appropriations be discharged Mr. HUTCHINSON. Mr. Speaker, I spending or receipts, Therefore, pay-as-you- from further consideration of the joint yield myself such time as I may con- go procedures would not apply. resolution (H.J. Res. 134) making fur- sume. ther continuing appropriations for the I urge my colleagues to support S. 2524. (Mr. HUTCHINSON asked and was fiscal year 1999, and for other purposes; given permission to revise and extend Mr. Speaker, I yield back the balance and that it be in order at any time to his remarks.) of my time. consider the joint resolution in the Mr. HUTCHINSON. Mr. Speaker, S. Mr. HASTINGS of Florida. Mr. House; and that the joint resolution be 2524 is a bill prepared by the Office of Speaker, the minority is in concur- considered as having been read for Law Revision Counsel. It makes purely rence with this particular measure, and amendment; and that the joint resolu- technical and nonsubstantive changes at this time we are prepared to agree. tion be debatable for not to exceed 60 in title 36 of the United States Code Mr. HASTINGS of Florida. Mr. minutes, to be equally divided and con- dealing with patriotic organizations. Speaker, I yield back the balance of trolled by myself and the gentleman Mr. Speaker, S. 2524 codifies in title 36, my time. from Wisconsin (Mr. OBEY); that all United States Code, certain laws related to The SPEAKER pro tempore. The points of order against the joint resolu- patriotic and national observances, cere- question is on the motion offered by tion and against its consideration be monies, and organizations that were enacted the gentleman from Arkansas (Mr. waived; and that the previous question after the cut-off date for the title 36 codification HUTCHINSON) that the House suspend be considered as ordered on the joint H10578 CONGRESSIONAL RECORD — HOUSE October 12, 1998 resolution to final passage without in- hoods of all of the Federal employees dent, really, and his representatives tervening motion, except one motion or the services that they perform. So should not really be at the table at all, to recommit, with or without instruc- adoption of this continuing resolution that this should simply be a congres- tions. will give us the time needed to com- sional process, and that the Congress The SPEAKER pro tempore. Is there plete our work and keep the govern- ought to take whatever action it is objection to the request of the gen- ment running. going to take, and then, if the White tleman from Louisiana? Mr. Speaker, I urge adoption of the House does not like it, it should veto There was no objection. joint resolution. that. Mr. LIVINGSTON. Mr. Speaker, pur- Mr. Speaker, I reserve the balance of And I would say that at least with suant to the previous order of the my time. some parties, most certainly not the House, I call up the joint resolution Mr. OBEY. Mr. Speaker, I yield my- gentleman from Louisiana, on the part (H.J. Res. 134) making further continu- self 5 minutes. of some parties in the conference, the ing appropriations for the fiscal year Mr. Speaker, as my colleagues know, assistance that we have been given by 1999, and for other purposes, and ask as a lot of people in this building know, the White House staff in this process for its immediate consideration in the since the end of the fiscal year, those has been accepted most grudgingly and House. on the Committee on Appropriations, I think sometimes with a great deal of The Clerk read the joint resolution, most especially the gentleman from resentment on the part of certain as follows: Louisiana (Mr. LIVINGSTON) and myself, Members of Congress. H.J. RES. 134 have been locked in meeting after Now, it would be nice to say, and I Resolved by the Senate and House of Rep- meeting after meeting, trying to re- would say I agree that, institutionally, resentatives of the United States of America in solve the literally hundreds of items the best way for us to proceed is for us Congress assembled, That section 106(c) of that still must be resolved before we to produce our appropriation bills and Public Law 105–240 is further amended by can finish this congressional session. send them up to the White House, and striking ‘‘October 12, 1998’’ and inserting in I must say that while the gentleman if the White House does not like them, lieu thereof ‘‘October 14, 1998’’. from Louisiana and I are very good then they have a right to veto them. The SPEAKER pro tempore. Pursu- friends personally, I am getting about But it is rather easier to take that in- ant to the order of the House of today, as sick of him as he probably is of me. stitutional position in July than it is the gentleman from Louisiana (Mr. In fact, I think we have spent more at the end of September, the beginning LIVINGSTON) and the gentleman from time in the last week with each other of October when we are at the end of Wisconsin (Mr. OBEY) each will control than we have with our wives. That the road and need to get things done. 30 minutes. shows us how much bad judgment both Then we have no choice but to have the The Chair recognizes the gentleman of us have. White House representatives in the from Louisiana (Mr. LIVINGSTON). But, having said that, I would simply room, because they, after all, have to GENERAL LEAVE say that I think we have been making agree to a significant amount of what Mr. LIVINGSTON. Mr. Speaker, I ask considerable progress on a number of we do, or there would not be agree- unanimous consent that all Members items, and I think as that progress ment. may have 5 legislative days within comes forth that the atmosphere in the I think we have to look at why we which to revise and extend their re- room has turned from the initial at- have gotten in this position. We have marks on H.J. Res. 134, and that I may mosphere of confrontation and distem- gotten to this position, in my view, be- include tabular and extraneous mate- per on occasion to one of more friendli- cause of the forces largely outside of rial. ness. We have been making some the appropriations process. To start The SPEAKER pro tempore. Is there progress. with, the House leadership scheduled objection to the request of the gen- But I do want to say I think we need far fewer days of session than at any tleman from Louisiana? to have an honest understanding of time in my memory. That was followed There was no objection. why we are in this position. I feel my- up by a complete lack of action on the Mr. LIVINGSTON. Mr. Speaker, I self incredibly lucky to be a member of part of the Committee on the Budget. yield myself such time as I may con- this body. Every day when I wake up I We still do not have a budget for the sume. have to pinch myself to make certain United States Government. The Com- (Mr. LIVINGSTON asked and was that it is really true that I have been mittee on the Budget still has not pro- given permission to revise and extend accorded the privilege of representing duced a budget conference; and, be- his remarks.) not only the people of my district in cause of that delay, the appropriations Mr. LIVINGSTON. Mr. Speaker, the this institution but, on cases like this, process was put hopelessly behind. We second continuing resolution for fiscal representing my party with the gen- were supposed to have our appropria- year 1999 expires tonight at midnight. tleman from Louisiana (Mr. LIVING- tion bills done by July, and yet, be- We have not yet completed our nego- STON) representing his in these negotia- cause of the delay in the budget proc- tiations on our wrap-up appropriations tions. ess itself, our committee was not even bill, but we are almost there, I hope, I have tremendous love for this insti- allowed to come to the floor with many and we will need another day or two to tution and tremendous respect for the of these bills in July, bills that nor- complete our work and get it to the appropriations process. But I think mally would have come to the floor in floor. An extension of a further con- that there have been some things said mid-April or early May. tinuing resolution is needed in order to about why we are here which are really That was compounded by the mis- do that, and so adoption of H.J. Res. not accurate or fair. take that—out of all of the years, this 134, which runs through October 14, will A number of high-ranking members was the worst possible year to do this— give us time to complete our remaining of this House have indicated when they that was compounded in my view by work. talk to the television cameras that the the mistake of having double the Mr. Speaker, I do wish that we did reason we are here at the end of the length of time that is normally taken not have to bring this joint resolution year with the appropriation bills still for the July 4th recess. And, as a con- to the floor and that all Members could not being signed into law is somehow sequence, if one walks into the appro- have by now gone home to campaign because the President has not been suf- priations room and looks at the cal- for reelection, but we need more time, ficiently engaged in these discussions; endar and sees how many days were and we are just not there yet. I do not and yet, those comments are directly left for the Committee on Appropria- think we need to debate this issue ex- at variance with what is being said be- tions to do its business, the answer is, tensively or take a lot of time today. hind closed doors in the meetings that only a handful of days between the We know what the issues are. We know I am participating in to try to end this July 4th recess until we again recessed that we need to take this action in impasse. for some five full weeks in August. order to keep the government open. It Because behind closed doors in those As a result, we were dealing with is our intention to keep government budget negotiations, we are being told conference reports between the two open and not to jeopardize the liveli- by people who I respect that the Presi- Houses on appropriation bills in early October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10579

October that we should have been able state for the RECORD exactly our per- ment last year was successful beyond to deal with in early September. spective of the events of the last year. all means. But the President, in addi- Now that is not the fault of the Com- The fact is, what we are doing here tion to laying out an agenda for extra mittee on Appropriations. It is not the today is a continuation of effort which spending, $9 billion this year over and fault of the chairman of the commit- began with the very significant above the budget caps he agreed to last tee. It is not the fault of any of the ap- achievement accrued by the Congress year, also laid out an ambitious legis- propriation subcommittees. It is sim- and the President last year when both lative agenda, and then unfortunately ply a fact of life. And I am going sides, Republicans and Democrats in got caught up in a lot of problems that through this simply to make the point the House and Senate, reached an were not of the making of this Con- that the President had nothing whatso- agreement with the President of the gress; in fact, they were of his own ever to do with any of this problem. United States to balance the budget by making. This is a problem that Congress as an the year 2002. The President signed on Also, he did not hesitate to go off at institution has brought upon itself by the dotted line. the same time on lots of fundraising its failure to get its work done. We knew that budget restraint was tours. He went all over the country So now we have no choice but to try going to be great in the coming years, raising money for his party. Fine, he is to sit down around the table with peo- but we felt very strongly, as many entitled to do that. But I daresay, some ple from the other end of Pennsylvania Members have for the last 30 years, two-thirds of all the days that have Avenue and get our work done. that we were jeopardizing the fiscal in- transpired since the first of the year he b 1500 tegrity of this country and mortgaging was not at the White House, he was our children’s future if we did not somewhere else. He was paying atten- We still have a large number of issues make a dent on the deficit and begin to tion to other things. The legislative that divide us. We still have some balance the budget, and that it was im- agenda was the farthest thing from his major issues in the area of education perative that we work toward that mind. that divide us to a great degree, mat- goal. So we see now the President on TV ters of the President’s initiative on Again, I wish to clarify the RECORD. saying that he demands that the Con- class size, and matters of the Presi- The balanced budget agreement last gress stay here until it does everything dent’s initiative on school construc- year that we signed with the President that he wants it to do, and I appreciate tion, so that we can see to it that chil- called for a balanced budget by the that. It is good politics. But we have dren in this country are not, as the year 2002. We have exceeded all expec- been here, as the gentleman from Wis- President says, brought up in buildings tations of only a year ago. We are bal- consin (Mr. OBEY) points out, slugging that are falling down. ancing the budget. There is a $70 bil- it out, trying to do our work. We also have another cluster of lion surplus. So our efforts paid off. Unfortunately, we have made some issues involving a woman’s right to But it was as early as February of mistakes along the way. We got en- have her insurance policy cover basic this year when the President stood gaged in a budget fight. Why? I do not contraceptive services. Those issues where the Speaker pro tempore is know. Our fight goes something like we still have not been resolved. standing and proclaimed to the Nation knew we had a wonderful balanced We have a large number of issues on that the balanced budget agreement budget agreement with the President the environment that still divide us. was nice when it was signed, but now last year, but let us try to cut 10 per- We have a number of foreign policy he wanted an additional $9 billion this cent of spending below that level that issues that divide us, including the ap- year in spending, and an additional $150 we agreed to. I said that was a mis- propriate level of funding for the billion in spending for the next 5 to 10 take. I thought that was biting off a United Nations, which is crucial if we years all financed with unrealistic off- little more than we could chew. We are going to be getting involved in a sets. fought about that for 3 or 4 months, war in Kosovo, as it appears we may If the balanced budget agreement was and in the process, set back the appro- very well be getting into. good a year ago, it seems to me it is priations schedule. So it just it seems to me that we good now. The President had suggested Normally, we would be taking up have an immense amount of work to in February, this last February, that bills in mid May. We did not start tak- do. We are going to have to have a he insisted on his spending, and he was ing up bills until mid June. I think this great deal of flexibility in order to get going to require Congress to raise taxes fight was a mistake, but that was not it done. I would urge Congress to recog- and fees on the American people by a the fault of the Committee on Appro- nize that the President is serious. He significant amount so he could tell priations. I have to state that for the intends to get these initiatives, and in them how their money should best be RECORD. my judgment, we are going to be here spent. We did not start until the end of in Washington until he does. Congress did not accept those taxes June, and then we had a break to go With that, I would like to pack my and fees. The President criticizes us for home for a district work period, and bags very early, but I am not packing not raising the price of a pack of ciga- then we came back. We had a few days, yet, because I think it is going to be a rettes to every working stiff around and then we had some Jewish holidays. number of days before this work is America, and not raising tobacco taxes Then we came back, filled in, and then completed. and other gimmicks, and user fees, and we had a few other things we had to go Mr. Speaker, I reserve the balance of all sorts of other things that would do. We came back and filled in. my time. give him that revenue that he could The Committee on Appropriations Mr. LIVINGSTON. Mr. Speaker, I then turn around and hand to the has gotten its work done. In fact, we yield myself such time as I may con- American people and say, look what I reported all but one of our bills out of sume. have done for you. committee by the end of July, and we Mr. Speaker, I have to say that in We did not give him that extra reve- passed nine of those bills by the end of many respects I agree with what the nue, because we do not believe in rais- July through the House of Representa- gentleman from Wisconsin (Mr. OBEY) ing taxes. In fact, if anything, the tives. It went over to the Senate. They has said. I believe that the Committee House of Representatives believes in had some progress as well, but because on Appropriations has done its business lowering taxes, and we have prepared a of the breaks and because of the late within the time frame allotted to us. tax decrease, a tax cut of $80 billion dates and because of the focus on other Unfortunately, that time frame has not over the next 10 years. Unfortunately, battles, other priorities, among various been sufficient to complete our busi- that did not prevail in the system be- Members, Republican and Democrat, ness, but I think we have a strong cause the President said he was going the fact is that we did not have the record of achievement. to veto it, so it just did not get time to finish all of our conferences In order to fully appreciate that through. and get them reported out for consider- record of achievement, I think that the Still, we have the great distinction of ation by the House. gentleman from Wisconsin (Mr. OBEY) working now with the first surplus in As a result, we now find ourselves in makes it incumbent upon me to try to 30 years. The balanced budget agree- this omnibus process, which means we H10580 CONGRESSIONAL RECORD — HOUSE October 12, 1998 finish as best we can conferencing all The SPEAKER pro tempore. That is b 1515 of our bills, lumping them together, not in order at this point. Mr. LIVINGSTON. Mr. Speaker, I and sending them to the President in Mr. OBEY. Further parliamentary in- thought this was going to be a conge- one fell swoop, in addition to a signifi- quiry. Does the Chair have a list of the nial, easygoing debate. cant supplemental appropriations for membership of the House of Represent- Anyone who knows anything about disasters, which are very much needed, atives at hand? the legislative process knows that, Mr. but which are significant in terms of The SPEAKER pro tempore. The Clinton is not a Member of Congress. I real dollars. Clerk has the roll of the Members. concede that. He is not a Member of They include remedying the short- Mr. OBEY. Could the Speaker pro the House. He is not a Member of the falls in defense, because the President tempore tell me if the name of William Senate. But, he occupies the Presi- has troops deployed all over the world; Jefferson Clinton is listed among those dency now. passing Y2K computer conversion who are a Member of the House? I happen to recall that, under the money to rectify the computer prob- The SPEAKER pro tempore. That is Constitution, that we must pass our lem; passing additional funding to im- not a proper parliamentary inquiry. bills and they must go down to the prove the safety and the security of our The gentleman from Wisconsin is rec- President for his signature or his veto. embassies, because of the bombings in ognized. Mr. Speaker, I turn on the television Africa, and also in terms of trying to Mr. OBEY. Mr. Speaker, I yield my- in the last few days, and I hear the rectify the damage that has been done self 21⁄2 minutes. President saying, that he is not going due to various storms and natural dis- Mr. Speaker, I thank the Speaker for to accept anything less than every- asters, as well as to the drought and to making my point. The gentleman sim- thing. the devastation in the farming commu- ply indicated in his remarks that one He is making the demands now at the nity. of the reasons that the Congress has end of the process, conveniently 3 But by the time we consider that not finished its work is because the weeks before the election, and he real- very significant disaster bill, in addi- President was out of town too often. ly was not interested at all in the proc- tion to the other emergencies, and add I would point out that the President ess over the last 8 months since his them to this supplemental omnibus is not a Member of this body. The State of the Union speech. bill, our Members are going to be President has no ability to determine Since July, our Committee on Appro- called upon to vote on a very large and whether this House is or is not going to priations members have been pleading significant bill within the next few produce its appropriation bills. Under with the administration to give us days. the Constitution, the last time I their budget offsets, which meant that I am hoping against all hope that we looked, the only time that a president if they asked us for more than the are going to complete the discussions can affect an appropriation bill is after budget caps allowed to us in the budget on this bill tonight, and that it will be the Congress gets the bill to the presi- agreement from last year, how could compiled by our staff and be available dent. The last time I looked, out of the we pay for it? They said, We will give for a vote and final passage in both 13 appropriation bills that we are sup- them to you. We will give them to you bodies by Wednesday. For that reason, posed to finish before the end of the fis- next week, next month, and then the we are asking for this continuing reso- cal year, only two of those 13 have got- next month. lution, in an effort to make sure that ten to the President. The fact is that, until this morning, we do complete our business and get So with all due respect to the gentle- we did not get their budget offsets. We through the process. Hopefully we can man’s argument, I would suggest it is asked for them last Friday. We asked close the House down on Wednesday be- passing the buck to suggest that some- for them Saturday. We asked for them fore midnight, when this continuing how the President is at fault for not Sunday while we were all here. I was resolution actually expires. signing bills that we have not yet sent The bottom line is that we should with the gentleman from Wisconsin him. I would simply note that this Con- play honestly with the cards that we (Mr. OBEY). I got tired of looking at gress has worked the least number of are dealt. We need to recognize that we him, too. work days in decades. We have enacted But the fact is, we were saying to the do need a better way to dispose of our the least number of bills in decades. We Administration, Look, give us your budget dilemmas. We need to try to get have no budget. We have only two of budget offsets, and we can find out how out of the photo ops both in the House the appropriation bills finished. and Senate, Members of both sides of much over the budget caps we can be, Since 1979, the average legislative the aisle, and down at 1600 Pennsyl- because we are going to pay for it with session in a nonelection year has been vania Avenue. your budget offsets. They gave them to We need to get into the conference 157 days. Yet, in the previous year, the us this morning, 12 days past the end of rooms and decide our issues and look Congress only met 132 days, five weeks the fiscal year. forward, not towards others, as we as- shorter than the ’79 average. So all I To say that the President does not sess where we are and when we are am suggesting, without trying to get need to be involved in the process is going to get the job done. We need to into an argument about who shot John, not wholly accurate. The fact is that ask for our colleagues’ patience and is to suggest that the reason that we the President’s people have witnessed support and understanding, and if they are here today is not because the Presi- and watched every step of the way as will provide that to us at this late dent was not participating in any ses- we have progressed, but they have been hour, we will dispose of the Nation’s sions. We are here today because the holding their cards back, being cagey, business. Congress did not finish its work. waiting to the last second to give us Mr. Speaker, I reserve the balance of In fact, in the appropriation meet- their side. And the President all of a my time. ings which they are having right now, sudden at this late hour, after some of PARLIAMENTARY INQUIRY fierce objection has been lodged, as the his problems got put behind him, all of Mr. OBEY. Parliamentary inquiry, gentleman well knows, by parties to a sudden is getting very tough. I appre- Mr. Speaker. the very presence of staff representing ciate that. That is the nature of the The SPEAKER pro tempore (Mr. the President to the United States. beast at this late political hour. BASS). The gentleman will state it. All I am asking of the other side is to But, Mr. Speaker, the time for Mr. OBEY. Is it possible to have the make one argument or make the other. games, the time for photo ops, the time rollcall machine turned on at this Either argue that the President has not for political posturing is over. It is point, Mr. Speaker? been sufficiently engaged, or argue time to get down to business; finish The SPEAKER pro tempore. Would that he should not be engaged, but they this doggone omnibus and supple- the gentleman say his parliamentary should not try to argue one thing out- mental bill; send it to the President; inquiry again? side of the room when they are talking and let us hope that the President is Mr. OBEY. Is it possible to have the to the press, and the other thing when not politically posturing for photo ops rollcall machine turned on, so we can they are inside the room talking to me, or for election purposes and that he see the names of Members of the House because I have a limited capacity to will be serious and that he will sign displayed before us? understand that kind of doubletalk. this bill and that we can go home. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10581 Mr. Speaker, I reserve the balance of So I think this bit of finger-pointing as a parliamentary body. So for a long my time. in either direction is really not very time there has been a fight on the Re- Mr. OBEY. Mr. Speaker, I yield 1 helpful. The fact is, this Congress has publican side of the aisle, a very par- minute to the distinguished gentleman been here. We have been trying to get tisan fight based on political ideology. from Florida (Mr. HASTINGS). this done. The fact of the matter is And with a 61-vote margin, they were (Mr. HASTINGS of Florida asked and that it has been hard to get the White not able to pass a budget bill. They was given permission to revise and ex- House engaged. Heaven knows, they have got a 10-vote margin in the Sen- tend his remarks.) have had a few other things on their ate. Mr. HASTINGS of Florida. Mr. mind down there. You would think that, without the Speaker, I sat here listening to the two And the gentleman from Florida (Mr. President or without the Democrats, gentlemen that I have immense respect HASTINGS) a moment ago said the they could come together with a pro- for, the gentleman from Louisiana (Mr. White House travels with the Presi- posal, bring it to the House and the LIVINGSTON), chairman of the Commit- dent, whatever President. That is true. floor, pass it through both bodies and tee on Appropriations, and the gen- To some extent, that is true for us send it to the President and dare the tleman from Wisconsin (Mr. OBEY), when we travel to our districts. We are President to veto it. They cannot get ranking member. I have immense re- always able to be in touch with our their House in order. spect for all of the members of the staffs back here. But we cannot nego- Lastly, we have spent time on the Committee on Appropriations. But we tiate the same way. It is very difficult wrong things. My understanding is the need to have something put in perspec- for the President to negotiate or have Committee on Appropriations is trying tive. his people negotiating when the Presi- to give billions, millions of dollars There are 435 Members of Congress, dent is not directly in touch or engaged worth of oil money away to private and if each one of them was given an in other things, and the President citizens that really belongs to the Fed- opportunity to spend the money, they needs to be directly engaged in these eral Government. Instead of dealing would spend it 435 different ways. kinds of negotiations. with health care reform, instead of It is also a bit unfair to criticize the We need to get this done so we can dealing with a quarter of a million sen- President for traveling, even if it is in get the work of this Congress of this iors in the country who have lost their the nature of fund-raising. The White appropriations process done, and so HMO coverage, instead of dealing with House travels with the President ev- that we can all get home and get this education, we are still trying to take erywhere he is, all over the world. Not Congress over with. I think when it is care of the private economic interests just Bill Clinton, any President. All of all said and done, we can look back of a handful of people out there. us know that. He is available at any with considerable pride on this Con- Mr. Speaker, I think if we could get point in time to undertake to do the gress and the work that we have done, the gentleman from Louisiana (Mr. business of this Nation. on the legislation that we have passed, LIVINGSTON) and the gentleman from What we can say that we have not and the fact that we have achieved a Wisconsin (Mr. OBEY) to run this with- done, no matter the direction of the balanced budget. I have no problems out some of the interference, we would criticism, is we have not done managed looking with pride on the record of this do just fine in this House. The problem care reform. We have not done a bill to Congress. is a partisan battle inside the Repub- reduce class size in modernizing our Mr. OBEY. Mr. Speaker, I yield my- lican party has prevented us from hav- schools. We have done no action to self 30 seconds. ing a budget. It has prevented us from safeguard the surplus for Social Secu- Mr. Speaker, I have a great deal of having an appropriation bill. And now, rity. We have not done a bill to reduce respect for the gentleman from Arizona to argue that somehow either the teen smoking. So those are some exact- (Mr. KOLBE) who just spoke. He is one month of the year or the Jewish holi- ing criticisms. of the best Members of the House, in days popping up in September is a sur- Mr. LIVINGSTON. Mr. Speaker, I my view. But I simply want to correct prise just does not work. yield 2 minutes to the distinguished the Record. Mr. LIVINGSTON. Mr. Speaker, I gentleman from Arizona (Mr. KOLBE) This is not what happens every year. yield myself 1 minute. chairman of the Subcommittee on Last year, the majority of the appro- Mr. Speaker, I would just simply say Treasury, Postal Service, and General priations bills were finished by the be- to the gentleman from Connecticut Government Appropriations. ginning of the fiscal year. We had a bi- (Mr. GEJDENSON) that I cannot speak Mr. KOLBE. Mr. Speaker, I thank the partisan approach last year. for the budget process, but the Com- gentleman from Louisiana (Mr. LIVING- The last year that I chaired the committee on Appropriations for this year STON) for yielding me this time. mittee, every single one of the appro- has exceeded the record of all Commit- Mr. Speaker, let me just say that I priations bills was finished on time. tees on Appropriations of all Con- think it is very clear to those of us There was no need for any continuing gresses over the last 15 years, with the that have been around this process, and resolution. exception of 5. In other words, we will others speaking on the floor here have Mr. Speaker, I yield 2 minutes to the have beaten the record for Congress’ been around it a lot longer than I have, distinguished gentleman from Con- least action in 10 of the last 15 on the this is the kind of situation that we necticut (Mr. GEJDENSON). appropriations process if we get out of run into virtually every year at the Mr. GEJDENSON. Mr. Speaker, to here on Wednesday. end of the fiscal year. We always have hear our friend, the gentleman from Now, drag it out beyond there, and the hopes that we are going to have Louisiana (Mr. LIVINGSTON), chairman then maybe we might not be able to every appropriation bill done by Sep- of the Committee on Appropriations, brag so much. But we are still doing tember 30, and we almost never do. At one would think that there were a pretty good. least in my recollection, I do not be- number of surprises this year: That we I can remember over the last 15 or 20 lieve we have ever had all of them done were limited to 12 months, as compared years that I have had the great fortune by September 30. to other years; that, as the gentleman of serving in Congress, the fact is there So this is not unusual, whether it is from Wisconsin (Mr. OBEY) the ranking have been many years where we have a Republican Congress or a Democrat Democrat pointed out, that the Presi- been here at Christmas, struggling to Congress. This is the nature of the way dent was not here, a Member of the wrap up appropriations bills by such the legislative process works. The old House negotiating on a daily basis. time. adage about the two things one does The reality is what the very capable Mr. Speaker, I yield 2 minutes to the not want to watch if they have got a chairman of the Committee on Appro- very distinguished gentleman from bad stomach is sausage being made or priations has for a problem is he can- Alabama (Mr. CALLAHAN), chairman of laws being made, it certainly applies not get agreement on his side in the the Subcommittee on Foreign Oper- when we get to the end of session. It is House or in the Senate, and he cannot ations, Export Financing, and Related just the nature of the beast that we get the House and the Senate to agree. Programs Appropriations. have to get enough pressure built up Mr. GINGRICH, the Speaker, has de- Mr. CALLAHAN. Mr. Speaker, this for both sides to get something done. cided that this year they will operate debate is supposed to be about whether H10582 CONGRESSIONAL RECORD — HOUSE October 12, 1998 or not we are going to fund the govern- b 1530 I will tell my colleagues that they ment for the next 2 days, rather than Virtually every issue in this Congress might also want to know, because it is shut the government down. Instead, it sooner or later gets tied by the major- important to know, that there were no has turned into a debate on who is re- ity party to the abortion issue and the bills to improve public education, sponsible for what and where the Presi- family planning issue. That is one of nothing on managed care reform, cam- dent is, or whether or not the Presi- the reasons that we are so hung up and paign finance reform, bills to reduce dent’s name is listed on the roster of cannot get anything through here. teen smoking, protect the environment the Members of House of Representa- Mr. LIVINGSTON. Mr. Speaker, I re- and no minimum wage increase. Zero, tives. serve the balance of my time. nada, nothing. But since we are in that mode, let me Mr. OBEY. Mr. Speaker, I yield 1 But one may think that this has hap- just say that my particular area of ju- minute to the distinguished gentleman pened because of the process here rath- risdiction has to do with foreign aid. from Tennessee (Mr. CLEMENT). er than by design. So let me tell my When the gentleman from Wisconsin Mr. CLEMENT. Mr. Speaker, I know colleagues what some of their folks (Mr. OBEY) was chairman of the Sub- a lot of these issues, all of them are have said. committee on Foreign Operations Ap- very important to all of us as Ameri- This is the chairman of the National propriations, I once described his job in cans. I know that we probably will end Republican Campaign Committee. He the sense of raising a child, his job was up completing our task this week. I am said, write the 60-second commercial to change the dirty diapers. It is not a pleased that we have a balanced budget that we want to run the last week of pleasant task to give money to foreign agreement and the first surplus in over the campaign, then focus the rest of countries politically. It is not some- three decades. I am proud of the trans- the year aiming toward it. thing we like to go home and brag portation bill which means a 62 percent We want to quote the Speaker of the about. increase in Federal transportation dol- House, who, in fact, is in charge of this But in defense of our subcommittee lars for my State, the State of Ten- body, the President is not in charge of and our small area of jurisdiction and nessee. this body, but the Speaker is, this is this overall budget application, let me But some things I am not proud of is what he says. Other than passing a con- say that we did exactly what we were that we do not have a managed health tinuing resolution, and I might add, supposed to do. We appropriated nearly care bill, no bill to reduce class size Mr. Speaker, that we are on the third $13 billion and gave the President as and modernize schools, being a former continuing resolution, other than pass- much latitude as we possibly could. We college president, no action to safe- ing a continuing resolution to go home, debated it in committee. We had hear- guard the surplus for Social Security, there is nothing that we have to do be- ings. We came to the floor and the no bill to reduce teen smoking, no bill tween now and the election to win that House of Representatives voted for it to reform our campaign finance system election. to keep it at $13 billion. and no bill to increase the minimum Someone who was a scholar about The Senate did the same thing. We the congressional process says, it is had resolved it in conference, or in a wage for working families. I realize as a Democrat we do not set pretty clear that when Congress left conference committee, and as a result the rules. We do not have the votes. last fall, they wanted to get out as we were ready to do what the Congress But there are a lot of issues, there are quickly as they could, come back as wanted to do. Then, all of a sudden last week, we a lot of problems that are still facing late as they could, and stay in as little were sitting late at night in a meeting the American people, and we need to as they could. The basic attitude of the with OMB and I am then informed that work together, hopefully in the 106th majority, the Republican majority, is if we do not give the President an addi- Congress better than we have in the that the more we are in session, the tional billion dollars, plus 13 more bil- 105th Congress, when it comes to being more we will screw up. So we should lion dollars for IMF, that they are too partisan and being interested in just do the minimum. going to shut the government down. our own vested interest and not in the Mr. Speaker, that is what they have That is not my fault. We went best interest of the American people. done. They have done less than the through this process as we were sup- Mr. OBEY. Mr. Speaker, I yield 2 minimum. We have a few remaining posed to do. We had hearings. We ap- minutes and 30 seconds to the distin- days here. Let us do something for the propriated. We got a consensus of the guished gentlewoman from Connecti- kids of this country. Let us increase majority of the Members of the House cut (Ms. DELAURO). the number of teachers that we have. and the Senate, and only last week did Ms. DELAURO. Mr. Speaker, I thank Let us modernize our schools and do the President or OMB tell me, ‘‘SONNY, the gentleman for yielding me the something for the children of America. unless you give up $15 billion more for time. Mr. LIVINGSTON. Mr. Speaker, I IMF and for foreign aid, we are going Let me just set the stage, if I might, yield myself 30 seconds. to shut the government down.’’ for a moment. Civics 101, Congress 101, Mr. Speaker, I am delighted that the So, I think we have responsibly done whatever we want to call it, Congress gentlewoman explained that it is the our work, and I wish we would limit is responsible for producing a budget. President’s role to sit around and do this debate to the issue we are on and Congress is responsible for passing ap- nothing until we send him our bills. I that is whether or not we are going to propriations bills; that is, spending on guess that explains a lot about why we continue to operate the government for various programs, education, defense, are where we are in this current di- another 2 days. the environment, health care. The lemma with respect to the White Mr. OBEY. Mr. Speaker, I yield my- President gets involved at the end of House. self 30 seconds. the process. Mr. Speaker, I yield 2 minutes to the Mr. Speaker, first of all, the Presi- So what do my colleagues mean when very distinguished gentleman from Ari- dent has never said he was going to they say that the President is not zona (Mr. KOLBE), chairman of the Sub- shut the government down. In fact, he around or has not been around? This committee on Treasury, Postal Serv- has continually said he will sign every body, in fact, has not sent the Presi- ice, and General Government. short-term CR the Congress sends him, dent anything to do. I will tell Mem- Mr. KOLBE. Mr. Speaker, I thank the so long as we are doing our work. bers why they have not sent the Presi- gentleman, again, for yielding me the Secondly, he did not just say now he dent anything to do. Because we have time. wanted his class-size initiative. He has the Congress here, Republican-con- Let me just respond to a few of the been pushing for it all year long. He did trolled, I might add, in case you did things. First, to my friend and the not just say now he wanted to have not know it, that has spent the least ranking member of the Committee on schools modernized. He has been saying number of workdays in decades, the Appropriations, he is right. I was it all year long. And he did not just ask least number of bills enacted in dec- wrong about the fact that in fiscal year for the IMF. He asked for the IMF a ades, no budget, no budget since the 1995 all of the bills got done. I should year ago, and Congress has been foot- budget process began. They have not have pointed out that whenever the sit- dragging it and tying it to an abortion produced a budget. They are in charge. uation was the same, that is, the re- issue. No budget. verse of what it is today, Republican- October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10583 controlled Congress, Democrat Presi- to impeach the President of the United Mr. LIVINGSTON. Mr. Speaker, I dent, when all of those first 10 years States. yield 2 minutes to the gentleman from that I was here it was a Republican So what did they start doing? They Oklahoma (Mr. ISTOOK). President and Democratic-controlled started reducing the workweek. They Mr. ISTOOK. Mr. Speaker, I rise in Congress, and then the Democrats were extended the time from January to support of the resolution by the gen- not able to get all the bills done, I March before the Congress came back. tleman from Louisiana. think that would be the apples-to-ap- They extended the August break. They I know that Members want to engage ples comparison. extended the July break. As a matter in different blame games of what goes The fact of the matter is, this is not of fact, in the last 3 years the Repub- back and forth, but I think what we an unusual process that we have been lican Congress has lost 2 months of really ought to be talking about is the going through. The gentleman from productivity. If they keep it up, by the chance for the American people to Tennessee spoke about the fact that we year 2002, Congress will not meet at all. know what we are doing and the open- had failed to pass a minimum wage. He They will not meet at all because the ness of the process. seems to forget that we did pass a min- Republicans just keep giving away the There was an agreement that was imum wage last year, and not too days. made last year regarding how much many people believe, whether they are They did it because they thought money would be spent this year. The economists or otherwise or in business, they had the President over a barrel. President, however, when he presented that another minimum wage at this Well, the fact of the matter is, once his budget wanted to spend more. And point is good for the Nation’s economy again, their streak is perfect. Speaker he presented a plan on how to be able and certainly not good for people at GINGRICH and the Republican leader- to do it; namely, to have offsets the low end of the income scale who ship four out of four years have under- through different things such as to- would be the first ones that get laid estimated the President of the United bacco taxes, which did not materialize. off. States, because the President is back Indeed, I know there are many Mem- Finally, as the gentleman from Lou- here, telling them that he wants his bers on the other side of the aisle that isiana pointed out in response to the agenda considered in this Congress also agreed that we should not be rais- gentlewoman from Connecticut’s re- that refused to consider it for this en- ing taxes, whether we called it direct marks, since when is it the President tire year. or indirect taxes. only gets involved in the process at the He wants us to address education, the Mr. Speaker, when that extra money end? He comes to the Congress at the environment, HMO legislation, mini- did not materialize, then of course we State of the Union address. He has not mum wage and tobacco legislation. The would expect that the President would only a budget that he presents, but he Republicans thought they could get say, okay, there is not as much money, has a whole list of issues and of out of town without doing that. therefore, here is how I will cut back achievements that he would like to see The fact of the matter is that now on my proposals, because if we want to us, that he would like to achieve, they are insisting that the President spend money, we have to say where is issues that he would like us to deal do in 2 days what they could not do in the money going to originate. with. So he is involved from the very 2 years. So let us understand that this The President did not do that. We outset. is not an accident. This was intended. have had efforts, and I think some It is just that in this case he has cho- But we are going to respond to the numbers have been presented in the sen in the budget process to stay dis- President’s agenda, and the President last couple of days saying, here is engaged after proposing his budget. He is going to keep us here until we do. where we can trim something else to be has been disengaged throughout this Because there is a very high correla- able to spend this money on my edu- process. tion between the President’s agenda cation programs and so forth. But last year we talked about the and what the American public thinks Well, it is a little late in the game, achievements of this Congress. Last this Congress ought to be doing, that but it is being looked at. I appreciate, year we passed the Balanced Budget this Congress ought to be dealing with for example, the attitude that has been Act, which gave the first tax relief in the education of our children, we ought displayed by the gentleman from Mary- 16 years to American citizens, a $500-a- to be helping to rebuild crumbling land (Mr. HOYER), also a member of the year tax credit for every child that is schools, we ought to make sure that Committee on Appropriations. He has a under the age of 16, tax relief for those children have technology available to number of times stood on this floor and who paid their own health insurance them. We ought to make sure that pa- said, if you want to spend the money, premiums, tax relief for those who tients are protected in the Patients’ you should show where the tax or other have to face the inheritance tax. So the Bill of Rights so that doctors and pa- offset will originate to pay for it. accomplishments of this Congress are tients control the health care and not We have not known what the Presi- very, very substantial, and I am glad the insurance company bureaucrats. dent proposed to cut back in order to that the President has seen fit to sign That is the agenda of this President. justify the additional spending that he some of those into law. That is the agenda of the American desired. Indeed, I think the American Mr. OBEY. Mr. Speaker, I yield 3 people, and that is the agenda that the people have a right to know. Some- minutes to the distinguished gen- Republicans thought they could sneak thing like that should not be presented tleman from California (Mr. MILLER). out of town without addressing. It is just in a private, closed-door meeting. (Mr. MILLER of California asked and not going to happen, Mr. Speaker. It is If you want to spend more on item A, was given permission to revise and ex- really not the Committee on tell us where you are going to reduce tend his remarks.) Appropriations’s fault because they get spending on item B. Unfortunately, we Mr. MILLER of California. Mr. caught up in these crossfires that real- cannot have it both ways. So we are in Speaker, it is not by accident that we ly their job has little or nothing to do this situation because of that, and I are here today. It is intentional. with. They just get saddled with trying ask support of the resolution. The Republicans were so giddy and so to solve this at the end of the year. Mr. OBEY. Mr. Speaker, I yield 1 excited about the Starr investigation But the fact of the matter is, the fact minute to the distinguished gentle- and the prospect of impeaching the of the matter is that this Congress woman from Texas (Ms. JACKSON-LEE). President of the United States that ought to go back to work, and we (Ms. JACKSON-LEE of Texas asked they decided that they would not have ought to go back to work and address and was given permission to revise and to do any work today. The other half of the needs of the American people and extend her remarks.) them decided that they could push a the agenda of President Clinton. They Ms. JACKSON-LEE of Texas. Mr. right-wing agenda and foist it off on put an awful lot of eggs in one basket Speaker, we do need to stay here and the President of the United States, that they would have a President that work. I think that anyone who ignores they could sweep aside his State of the was so weakened today that they could the need for 100,000 teachers, for fixing Union address, they could sweep aside do anything they wanted with respect our crumbling schools is not aware of his agenda and do nothing and go home to the American public. They got what Americans want. If they are not and gain seats because they were going caught at it. Now go back to work. listening to America with respect to H10584 CONGRESSIONAL RECORD — HOUSE October 12, 1998 the Patients’ Bill of Rights or fixing out our differences. That was the way The SPEAKER pro tempore (Mr. the interim payment system that our to do it. We are now doing it the proper BASS). The gentleman from Wisconsin home health care agencies are crying way. (Mr. OBEY) has 31⁄2 minutes remaining, out for, then they are not listening to And I would reiterate what the chair- and the gentleman from Louisiana (Mr. the American people. If they did not re- man and what the ranking member LIVINGSTON) has 41⁄2 minutes remaining. alize that Matthew Shepard died last said. The President has indicated he Mr. OBEY. Mr. Speaker, I yield my- night in Wyoming, a gay man who was has no intention of shutting down this self the balance of my time. attacked brutally, and realize that we government and will, in fact, sign Mr. Speaker, we are here long after need to pass the Hate Crimes Preven- short-term CRs while we come to grips we should be because the Republican tion Act of 1998, they are not listening with important priorities. majority is saying no to the Presi- to America. The President stood at that podium dent’s request to target funding for re- We need to stay here and do our job. in early February and set forth an ducing class sizes in America. We are We need to respond to America’s chil- agenda. The response to that speech here because the Republican majority dren. We need to respond to those who was overwhelming. He indicated that is saying no to helping the poorest need good health care. We need to re- the State of the Union was good. It is. school districts in the country repair spond to those who are home-bound Most of us, or many of us believe it is broken down and dangerous school and need good home health care. And good because of the 1993 economic pro- buildings. We are here with the Con- we certainly need to respond to those gram the President put on this floor gress having passed no real HMO re- who perpetrate hate by passing the and was passed in the Congress and form legislation, only sham reform leg- Hate Crimes Prevention Act of 1998. signed by the President, which has, in islation. We are now even told by one fact, brought us that balanced budget. of the previous speakers that the ma- b 1545 The fact of the matter is, I say to my jority party is happy that they have Mr. LIVINGSTON. Mr. Speaker, I friend from Alabama, there are some not passed a minimum wage increase. yield 1 minute to the gentleman from bills that even the people in south Ala- We are here because the Republican Alabama (Mr. CALLAHAN), the chair- bama would like and southern Mary- Party is saying no to insurance cov- man of the Subcommittee on Foreign land would like, and that is legislation erage for women for basic contracep- Operations, Export Financing and Re- to make sure that our kids have tive services. lated Programs of the Committee on enough schools in which to be edu- There are some who would like to Appropriations. cated; that they are not crumbling blame the President for everything, in- Mr. CALLAHAN. Mr. Speaker, I wish down around them; that they are not cluding the pitiful shape of the Wash- to make one or two personal com- dangerous and unhealthy. ington Redskins. I would simply say ments, and I certainly do not mean to The President put forth before the that I have in my hand, as someone reflect or cast anything upon my col- Congress a program to help commu- from Wisconsin used to say it, a little leagues from Connecticut nor Califor- nities build additional classrooms. And booklet called ‘‘How Our Laws Are nia in their comments about our in- then the President said, from this po- Made.’’ Even Members of Congress, I abilities or our lack of accomplish- dium, we understand that there is a think, have sufficient reading ability ments. But, nevertheless, each and teacher shortage, that classes are over- in the English language to understand every one of the issues that they spoke crowded. We have 35 to 40 students in a what the book says. And what that about was voted on and voted down by class, and that even the best of teach- book says is that it is the job of the Congress to pass appropriation bills, a majority of either the subcommittee, ers cannot educate our children to and then it is the job of the President the full committee, or the House of compete around the globe with that to decide whether he is going to sign Representatives. So they did not get many students. So he said, let us put them or veto them. their way and now they come along 100,000 new teachers in our classrooms; and want to get their way in these The fact is, out of the 13 appropria- just as he said, let us put 100,000 COPS tion bills that are supposed to be sent closing moments. on the Beat, back in 1994, and we have Just to add a little levity to this, the to the President, only four have been seen the crime rate go down. sent, and two of those four have been gentleman from Wisconsin (Mr. OBEY) My suggestion to my colleagues, if signed. That indicates, to me, that and the gentlewoman from Connecticut we came to grips, yes, even in the next when all the buck passing is over, that brought up a point that this Congress 42, 48, or 72 hours with putting those the Congress, if it wants to know why has met fewer days than any other 100,000 teachers in our classrooms, as we are stuck in this situation, has to Congress and this Congress has passed crime went down, I suggest that our look only in one place: the mirror. Be- fewer bills than any other Congress. I educational level would go up. cause it is the congressional respon- doubt that that is quite factual, but And, yes, my friend from Alabama sibility to fund the government. even if it were, believe it or not, and it has been one of the most responsible There are lots of things our tax- is a compliment to the diversity of this Members of this House. As he knows, payers do not want us to do. And I say body, believe it or not some of the peo- he is one of my favorites. But, frankly, to my good friend, the gentleman from ple in south Alabama feel like the less my fellow Members, we said we were Alabama (Mr. CALLAHAN), I agree with we do passing laws, the better off they going to pass IMF a long time ago. We him that there are many, many pieces are, and the less we work, the better promised we would get IMF done. We of legislation that this Congress has off they are. know the world economy is in a criti- passed that I think it should not have This is just to continue the oper- cal situation. We know that the stabil- passed, but the basic responsibility of ations of the government. Please vote ity that IMF lends to it is absolutely the Congress is to fund the govern- ‘‘yes’’. critical at this stage. But where is ment. That is our basic responsibility. Mr. OBEY. Mr. Speaker, I yield 3 IMF? It is not yet. For a variety of reasons, this Con- minutes to the gentleman from Mary- Y2K was promised to be passed gress has not been able to do it. That is land (Mr. HOYER). months ago, to make sure our comput- why we are at the table and at this Mr. HOYER. Mr. Speaker, I thank ers know that the 2000 year has come point, with many, many issues still to the ranking member for yielding me and continue to operate so that our go, are asking the Congress to get 2 this time, and I rise in support, as the airways are safe and the taxpayers get more days to get the work done. previous speakers have, in support of their money back on time and all the I hope we can get it done in those 2 the continuing resolution and to la- things we need to do. days, but I want to emphasize that will ment the fact that just a few years ago Yes, this CR is a good one, but let us not be the case unless there is consid- the gentleman from Wisconsin (Mr. come to grips with the important pri- erably more movement than there has OBEY) offered, I offered, the gentleman orities this President has brought be- been to date in accepting the Presi- from Virginia (Mr. DAVIS) on the Re- fore us, pass them, and then we will dent’s major priorities. publican side of the aisle offered clean have a success. We have had some movement in some continuing resolutions to keep the gov- Mr. OBEY. Mr. Speaker, how much areas, and I welcome it. That is con- ernment going while we tried to work time do I have remaining? structive. But we must have much October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10585 more movement on the part of the Con- allow us to complete our business for SEC. 2. FINDINGS. gress, and I hope fervently that we get another 2 days, and then we can close Congress finds the following: it before this next continuing resolu- up shop. (1) Since 1964, the Miccosukee Tribe of In- dians of Florida have lived and governed tion expires. The fact that we have debated, over their own affairs on a strip of land on the Mr. Speaker, I yield back the balance the last hour, the failure of the budget northern edge of the Everglades National of my time. process is of no real moment in this de- Park pursuant to permits from the National Mr. LIVINGSTON. Mr. Speaker, I bate. It has nothing to do with why we Park Service and other legal authority. The yield myself the balance of my time. are here. The whereabouts of the Presi- current permit expires in 2014. (Mr. LIVINGSTON asked and was dent, I have to concede, is not really (2) Since the commencement of the Tribe’s given permission to revise and extend our concern. The vagaries of the con- permitted use and occupancy of the Special his remarks.) Use Permit Area, the Tribe’s membership gressional schedule is not of any great has grown, as have the needs and desires of Mr. LIVINGSTON. Mr. Speaker, I relevance to what we are doing here. the Tribe and its members for modern hous- have heard all of this lamentation by The people that come here and la- ing, governmental and administrative facili- my friends in the minority who decry ment the passage of these various bills, ties, schools and cultural amenities, and re- the fact that we have not passed their they shed great tears that are merely lated structures. agenda. Well, I am sorry. Such are the wasted water. All we are trying to do is (3) The United States, the State of Florida, trials and tribulations of the minority. keep the government open, nothing the Miccosukee Tribe, and the Seminole Tribe of Florida are participating in a major No, we did not want to pass the to- more and nothing less. bacco taxes because we did not think intergovernmental effort to restore the For those Members who lament the South Florida ecosystem, including the res- that ‘‘Joe Six-Pack’’ should pay any slow progress of the government, do toration of the environment of the Park. more taxes. We do not want to pass any they want to see whether or not we are (4) The Special Use Permit Area is located more taxes. We passed a tax cut in this actually doing things? Walk over there within the northern boundary of the Park, House of Representatives over the ob- to the appropriations office, H–218, and which is critical to the protection and res- jections of most of my friends on the they will see lots and lots and lots of toration of the Everglades, as well as to the Democratic side, and the President bills that have nothing whatsoever to cultural values of the Miccosukee Tribe. threatened to veto it, and we have no (5) The interests of both the Miccosukee do with the appropriations process, but Tribe and the United States would be en- tax cut. But America is still taxed as which Members, Republican and Demo- hanced by a further delineation of the rights highly today as it has since World War crat alike, would like to get in in these and obligations of each with respect to the II. last few hours in this omnibus package. Special Use Permit Area and to the Park as I know that the President has said he I dare say they will have to wait for a whole. would like to fix broken schools, and another day. Some of them will get (6) The amount and location of land allo- that is a fine objective. I appreciate through, but the main issue, the reason cated to the Tribe fulfills the purposes of the Park. that. But 95 percent of the education we are here about today, is to keep the budget has been picked up by the (7) The use of the Miccosukee Reserved government open and to finish our Area by the Miccosukee Tribe does not con- States throughout the history of this business and to take all of these grand stitute an abandonment of the Park. country. In fact, up until 30 years ago, plans that Members might have and SEC. 3. PURPOSES. 100 percent of the education budget was bring them back next year. Because The purposes of this Act are as follows: picked up by the States. Once one Congress will open in the 106th Con- (1) To replace the special use permit with starts getting the Federal Government gress on January 6, and the world will a legal framework under which the Tribe can involved in the building of schools, move on. live permanently and govern the Tribe’s own there is no end to it, and the taxpayer affairs in a modern community within the The SPEAKER pro tempore (Mr. Park. is already overburdened. BASS). All time has expired. (2) To protect the Park outside the bound- The money does not just grow on The joint resolution is considered as aries of the Miccosukee Reserved Area from trees. The money has got to come from read for amendment. adverse effects of structures or activities somewhere, and it is a tremendous Pursuant to the order of the House of within that area, and to support restoration cost. today, the previous question is ordered of the South Florida ecosystem, including Next, there is the phony campaign fi- on the joint resolution. restoring the environment of the Park. nance law that the Democrats are al- The question is on the engrossment SEC. 4. DEFINITIONS. In this Act: ways lamenting. I will only say that and third reading of the joint resolu- most of the campaign violations that (1) ADMINISTRATOR.—The term ‘‘Adminis- tion. trator’’ means the Administrator of the En- are being investigated of existing law The joint resolution was ordered to vironmental Protection Agency. did not happen at the Republican Na- be engrossed and read a third time, and (2) EVERGLADES.—The term ‘‘Everglades’’ tional Committee. They happened else- was read the third time. means the areas within the Florida Water where. The SPEAKER pro tempore. The Conservation Areas, Everglades National The provision of 100,000 teachers is an question is on the joint resolution. Park, and Big Cypress National Preserve. (3) FEDERAL AGENCY.—The term ‘‘Federal authorization bill. That is not an ap- The joint resolution was passed. propriations bill. We are talking about agency’’ means an agency, as that term is A motion to reconsider was laid on defined in section 551(1) of title 5, United wrapping up the appropriations proc- the table. States Code. ess, and that particularly concerns me f (4) MICCOSUKEE RESERVED AREA; MRA.— because the President has all of these (A) IN GENERAL.—The term ‘‘Miccosukee great ideas that he came out with for MICCOSUKEE RESERVED AREA Reserved Area’’ or ‘‘MRA’’ means, notwith- lots of extra spending, billions and bil- ACT standing any other provision of law and sub- lions of dollars in extra spending, back Mr. HANSEN. Madam Speaker, I ject to the limitations specified in section in February, notwithstanding his move to suspend the rules and pass the 6(d) of this Act, the portion of the Everglades agreement to balance the budget. National Park described in subparagraph (B) bill (H.R. 3055) to deem the activities of that is depicted on the map entitled Frankly, then he went on a sabbatical the Miccosukee Tribe of the Tamiami ‘‘Miccosukee Reserved Area’’ numbered and did not try to push his authoriza- Indian Reservation to be consistent NPS–160/41,038, and dated September 30, 1998, tion bills, his changes of policy with the purposes of the Everglades copies of which shall be kept available for through the authorization process. National Park, and for other purposes, public inspection in the offices of the Na- That bill is not an appropriations bill. as amended. tional Park Service, Department of the Inte- It is a policy change that should go The Clerk read as follows: rior, and shall be filed with appropriate officers of Miami-Dade County and the through the authorization process, and H.R. 3055 Miccosukee Tribe of Indians of Florida. it has not. Be it enacted by the Senate and House of Rep- So here we stand today simply debat- (B) DESCRIPTION.—The description of the resentatives of the United States of America in lands referred to in subparagraph (A) is as ing whether or not to keep the govern- Congress assembled, follows: ‘‘Beginning at the western boundary ment open. It is our hope that the gov- SECTION 1. SHORT TITLE. of Everglades National Park at the west line ernment will remain open, that we will This Act may be cited as the ‘‘Miccosukee of sec. 20, T. 54 S., R. 35 E., thence E. follow- pass this continuing resolution to Reserved Area Act’’. ing the Northern boundary of said Park in T. H10586 CONGRESSIONAL RECORD — HOUSE October 12, 1998

54 S., Rs. 35 and 36 E., to a point in sec. 19, employment, economic assistance, revenue (i) IN GENERAL.—The Tribe shall prevent T. 54 S., R. 36 E., 500 feet west of the existing sharing, or social welfare programs, or any and abate any significant cumulative ad- road known as Seven Mile Road, thence 500 other similar Federal program for which In- verse environmental impact on the Park out- feet south from said point, thence west par- dians are eligible because of their— side the MRA resulting from development or alleling the Park boundary for 3,200 feet, (i) status as Indians; and other activities within the MRA. thence south for 600 feet, thence west, par- (ii) residence on or near an Indian reserva- (ii) PROCEDURES.—Not later than 12 months alleling the Park boundary to the west line tion. after the date of enactment of this Act, the of sec. 20, T. 54 S., R. 35 E., thence N. 1,100 (d) EXCLUSIVE FEDERAL JURISDICTION PRE- Tribe shall develop, publish, and implement feet to the point of beginning.’’. SERVED.—The exclusive Federal legislative procedures that shall ensure adequate public (5) PARK.—The term ‘‘Park’’ means the Ev- jurisdiction as applied to the MRA as in ef- notice and opportunity to comment on major erglades National Park, including any addi- fect on the date of enactment of this Act tribal actions within the MRA that may con- tions to that Park. shall be preserved. The Act of August 15, tribute to a significant cumulative adverse (6) PERMIT.—The term ‘‘permit’’, unless 1953, 67 Stat. 588, chapter 505 and the amend- impact on the Everglades ecosystem. otherwise specified, means any federally ments made by that Act, including section (iii) WRITTEN NOTICE.—The procedures in issued permit, license, certificate of public 1162 of title 18, United States Code, as added clause (ii) shall include timely written no- convenience and necessity, or other permis- by that Act and section 1360 of title 28, tice to the Secretary and consideration of sion of any kind. United States Code, as added by that Act, the Secretary’s comments. (7) SECRETARY.—The term ‘‘Secretary’’ shall not apply with respect to the MRA. (F) WATER QUALITY STANDARDS.— means the Secretary of the Interior or the (e) OTHER RIGHTS PRESERVED.—Nothing in (i) IN GENERAL.—Not later than 12 months designee of the Secretary. this Act shall affect any rights of the Tribe after the date of enactment of this Act, the (8) SOUTH FLORIDA ECOSYSTEM.—The term under Federal law, including the right to use Tribe shall adopt and comply with water ‘‘South Florida ecosystem’’ has the meaning other lands or waters within the Park for quality standards within the MRA that are given that term in section 528(a)(4) of the other purposes, including, fishing, boating, at least as protective as the water quality Water Resources Development Act of 1996 hiking, camping, cultural activities, or reli- standards for the area encompassed by Ever- (Public Law 104–303). gious observances. glades National Park approved by the Ad- (9) SPECIAL USE PERMIT AREA.—The term ministrator under the Federal Water Pollu- ‘‘special use permit area’’ means the area of SEC. 6. PROTECTION OF EVERGLADES NATIONAL tion Control Act (33 U.S.C. 1251 et seq.). PARK. 333.3 acres on the northern boundary of the (ii) TRIBAL WATER QUALITY STANDARDS.— (a) ENVIRONMENTAL PROTECTION AND AC- Park reserved for the use, occupancy, and The Tribe may not adopt water quality CESS REQUIREMENTS.— governance of the Tribe under a special use standards for the MRA under clause (i) that (1) IN GENERAL.—The MRA shall remain permit before the date of enactment of this are more restrictive than the water quality within the boundaries of the Park and be a Act. standards adopted by the Tribe for contig- part of the Park in a manner consistent with (10) TRIBE.—The term ‘‘Tribe’’, unless oth- uous reservation lands that are not within this Act. erwise specified, means the Miccosukee the Park. (2) COMPLIANCE WITH APPLICABLE LAWS.— Tribe of Indians of Florida, a tribe of Amer- (iii) EFFECT OF FAILURE TO ADOPT OR PRE- The Tribe shall be responsible for compli- ican Indians recognized by the United States SCRIBE STANDARDS.—In the event the Tribe ance with all applicable laws, except as oth- and organized under section 16 of the Act of fails to adopt water quality standards re- erwise provided by this Act. June 18, 1934 (48 Stat. 987; 25 U.S.C. 476), and ferred to in clause (i), the water quality (3) PREVENTION OF DEGRADATION; ABATE- recognized by the State of Florida pursuant standards applicable to the Everglades Na- MENT.— to chapter 285, Florida Statutes. tional Park, approved by the Administrator (A) PREVENTION OF DEGRADATION.—Pursu- (11) TRIBAL.—The term ‘‘tribal’’ means of under the Federal Water Pollution Control ant to the requirements of the Federal Water or pertaining to the Miccosukee Tribe of In- Act (33 U.S.C. 1251 et seq.), shall be deemed Pollution Control Act (33 U.S.C. 1251 et seq.), dians of Florida. to apply by operation of Federal law to the the Tribe shall prevent and abate degrada- (12) TRIBAL CHAIRMAN.—The term ‘‘tribal MRA until such time as the Tribe adopts tion of the quality of surface or groundwater chairman’’ means the duly elected chairman water quality standards that meet the re- that is released into other parts of the Park, of the Miccosukee Tribe of Indians of Flor- quirements of this subparagraph. as follows: ida, or the designee of that chairman. (iv) MODIFICATION OF STANDARDS.—If, after (i) With respect to water entering the MRA the date of enactment of this Act, the stand- SEC. 5. TRIBAL RIGHTS AND AUTHORITY ON THE which fails to meet applicable water quality MICCOSUKEE RESERVED AREA. ards referred to in clause (iii) are revised, standards approved by the Administrator (a) SPECIAL USE PERMIT TERMINATED.— not later than 1 year after those standards under the Federal Water Pollution Control (1) TERMINATION.—The special use permit are revised, the Tribe shall make such revi- dated February 1, 1973, issued by the Sec- Act (33 U.S.C. 1251 et seq.), actions of the sions to water quality standards of the Tribe retary to the Tribe, and any amendments to Tribe shall not further degrade water qual- as are necessary to ensure that those water that permit, are terminated. ity. quality standards are at least as protective (ii) With respect to water entering the (2) EXPANSION OF SPECIAL USE PERMIT as the revised water quality standards ap- MRA which meets applicable water quality AREA.—The geographical area contained in proved by the Administrator. the former special use permit area referred standards approved by the Administrator (v) EFFECT OF FAILURE TO MODIFY WATER to in paragraph (1) shall be expanded pursu- under the Federal Water Pollution Control QUALITY STANDARDS.—If the Tribe fails to re- ant to this Act and known as the Miccosukee Act (33 U.S.C. 1251 et seq.), the Tribe shall vise water quality standards in accordance Reserved Area. not cause the water to fail to comply with with clause (iv), the revised water quality applicable water quality standards. (3) GOVERNANCE OF AFFAIRS IN MICCOSUKEE standards applicable to the Everglades Park, (B) PREVENTION AND ABATEMENT.—The RESERVED AREA.—Subject to the provisions approved by the Administrator under the of this Act and other applicable Federal law, Tribe shall prevent and abate disruption of Federal Water Pollution Control Act (33 the Tribe shall govern its own affairs and the restoration or preservation of the quan- U.S.C. 1251 et seq.) shall be deemed to apply otherwise make laws and apply those laws in tity, timing, or distribution of surface or by operation of Federal law to the MRA the MRA as though the MRA were a Federal groundwater that would enter the MRA and until such time as the Tribe adopts water Indian reservation. flow, directly or indirectly, into other parts quality standards that are at least as protec- (b) PERPETUAL USE AND OCCUPANCY.—The of the Park, but only to the extent that such tive as the revised water quality standards Tribe shall have the exclusive right to use disruption is caused by conditions, activi- approved by the Administrator. and develop the MRA in perpetuity in a man- ties, or structures within the MRA. (G) NATURAL EASEMENTS.—The Tribe shall ner consistent with this Act for purposes of (C) PREVENTION OF SIGNIFICANT PROPAGA- not engage in any construction, develop- the administration, education, housing, and TION OF EXOTIC PLANTS AND ANIMALS.—The ment, or improvement in any area that is cultural activities of the Tribe, including Tribe shall prevent significant propagation designated as a natural easement. commercial services necessary to support of exotic plants or animals outside the MRA (b) HEIGHT RESTRICTIONS.— those purposes. that may otherwise be caused by conditions, (1) RESTRICTIONS.—Except as provided in (c) INDIAN COUNTRY STATUS.—The MRA activities, or structures within the MRA. paragraphs (2) through (4), no structure con- shall be— (D) PUBLIC ACCESS TO CERTAIN AREAS OF THE structed within the MRA shall exceed the (1) considered to be Indian country (as that PARK.—The Tribe shall not impede public ac- height of 45 feet or exceed 2 stories, except term is defined in section 1151 of title 18, cess to those areas of the Park outside the that a structure within the Miccosukee Gov- United States Code); and boundaries of the MRA, and to and from the ernment Center, as shown on the map re- (2) treated as a federally recognized Indian Big Cypress National Preserve, except that ferred to in section 4(4), shall not exceed the reservation solely for purposes of— the Tribe shall not be required to allow indi- height of 70 feet. (A) determining the authority of the Tribe viduals who are not members of the Tribe ac- (2) EXCEPTIONS.—The following types of to govern its own affairs and otherwise make cess to the MRA other than Federal employ- structures are exempt from the restrictions laws and apply those laws within the MRA; ees, agents, officers, and officials (as proof this section to the extent necessary for and vided in this Act). the health, safety, or welfare of the tribal (B) the eligibility of the Tribe and its (E) PREVENTION OF SIGNIFICANT CUMULATIVE members, and for the utility of the struc- members for any Federal health, education, ADVERSE ENVIRONMENTAL IMPACTS.— tures: October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10587 (A) Water towers or standpipes. (v) Easement number 5, being 290 feet wide bers or agents of the Tribe to interfere with (B) Radio towers. with western boundary 8,170 feet, and eastern any Federal employee, agent, officer, or offi- (C) Utility lines. boundary 8,460 feet, east of the western cial in the performance of official duties (3) WAIVER.—The Secretary may waive the boundary of the MRA. (whether within or outside the boundaries of restrictions of this subsection if the Sec- (vi) Easement number 6, being 312 feet wide the MRA) except that nothing in this para- retary finds that the needs of the Tribe for with western boundary 8,920 feet, and eastern graph may prejudice any right under the the structure that is taller than structure al- boundary 9,232 feet, east of the western Constitution of the United States. lowed under the restrictions would outweigh boundary of the MRA. (c) FEDERAL PERMITS.— the adverse effects to the Park or its visi- (2) EXTENT OF EASEMENTS.—The aggregate (1) IN GENERAL.—No Federal permit shall tors. extent of the east-west parcels of lands sub- be issued to the Tribe for any activity or (4) GRANDFATHER CLAUSE.—Any structure ject to easements under paragraph (1) shall structure that would be inconsistent with approved by the Secretary before the date of not exceed 2,100 linear feet, as depicted on this Act. enactment of this Act, and for which con- the map referred to in section 4(4). (2) CONSULTATIONS.—Any Federal agency struction commences not later than 12 (3) USE OF EASEMENTS.—At the discretion considering an application for a permit for months after the date of enactment of this of the Secretary, the Secretary may use the construction or activities on the MRA shall Act, shall not be subject to the provisions of natural easements specified in paragraph (1) consult with, and consider the advice, evi- this subsection. to fulfill a hydrological or other environ- dence, and recommendations of the Sec- (5) MEASUREMENT.—The heights specified mental objective of the Everglades National retary before issuing a final decision. in this subsection shall be measured from Park. (3) RULE OF CONSTRUCTION.—Except as oth- mean sea level. (4) ADDITIONAL REQUIREMENTS.—In addition erwise specifically provided in this Act, (c) OTHER CONDITIONS.— to providing for the easements specified in nothing in this Act supersedes any require- (1) GAMING.—No class II or class III gaming paragraph (1), the Tribe shall not impair or ment of any other applicable Federal law. (as those terms are defined in section 4 (7) impede the continued function of the water (d) VOLUNTEER PROGRAMS AND TRIBAL IN- and (8) of the Indian Gaming Regulatory Act control structures designated as ‘‘S–12A’’ VOLVEMENT.—The Secretary may establish (25 U.S.C. 2703 (7) and (8)) shall be conducted and ‘‘S–12B’’, located north of the MRA on programs that foster greater involvement by within the MRA. the Tamiami Trail and any existing water the Tribe with respect to the Park. Those ef- (2) AVIATION.— flow ways under the Old Tamiami Trail. forts may include internships and volunteer (A) IN GENERAL.—No commercial aviation (5) USE BY DEPARTMENT OF THE INTERIOR.— may be conducted from or to the MRA. programs with tribal schoolchildren and The Department of the Interior shall have a with adult tribal members. (B) EMERGENCY OPERATORS.—Takeoffs and right, in perpetuity, to use and occupy, and landings of aircraft shall be allowed for (e) SAVING ECOSYSTEM RESTORATION.— to have vehicular and airboat access to, the emergency operations and administrative (1) IN GENERAL.—Nothing in this Act shall Tamiami Ranger Station identified on the use by the Tribe or the United States, in- be construed to amend or prejudice the au- map referred to in section 4(4), except that cluding resource management and law en- thority of the United States to design, con- the pad on which such station is constructed forcement. struct, fund, operate, permit, remove, or de- shall not be increased in size without the (C) STATE AGENCIES AND OFFICIALS.—The grade canals, levees, pumps, impoundments, consent of the Tribe. Tribe may permit the State of Florida, as wetlands, flow ways, or other facilities, agencies or municipalities of the State of SEC. 7. IMPLEMENTATION PROCESS. structures, or systems, for the restoration or Florida to provide for takeoffs or landings of (a) GOVERNMENT-TO-GOVERNMENT AGREE- protection of the South Florida ecosystem aircraft on the MRA for emergency oper- MENTS.—The Secretary and the tribal chair- pursuant to Federal laws. ations or administrative purposes. man shall make reasonable, good faith ef- (2) USE OF NONEASEMENT LANDS.— forts to implement the requirements of this (3) VISUAL QUALITY.— (A) IN GENERAL.—The Secretary may use Act. Those efforts may include government- (A) IN GENERAL.—In the planning, use, and all or any part of the MRA lands to the ex- to-government consultations, and the devel- development of the MRA by the Tribe, the tent necessary to restore or preserve the opment of standards of performance and Tribe shall consider the quality of the visual quality, quantity, timing, or distribution of monitoring protocols. experience from the Shark River Valley visi- surface or groundwater, if other reasonable (b) FEDERAL MEDIATION AND CONCILIATION tor use area, including limitations on the alternative measures to achieve the same SERVICE.—If the Secretary and the tribal purpose are impractical. height and locations of billboards or other chairman concur that they cannot reach commercial signs or other advertisements (B) SECRETARIAL AUTHORITY.—The Sec- agreement on any significant issue relating retary may use lands referred to in subpara- visible from the Shark Valley visitor center, to the implementation of the requirements graph (A) either under an agreement with tram road, or observation tower. of this Act, the Secretary and the tribal the tribal chairman or upon an order of the (B) EXEMPTION OF MARKINGS.—The Tribe chairman may jointly request that the Fed- United States district court for the district may exempt markings on a water tower or eral Mediation and Conciliation Service as- in which the MRA is located, upon petition standpipe that merely identify the Tribe. sist them in reaching a satisfactory agree- by the Secretary and finding by the court (d) EASEMENTS AND RANGER STATION.—Not- ment. that— withstanding any other provision of this Act, (c) 60-DAY TIME LIMIT.—The Federal Medi- the following provisions shall apply: ation and Conciliation Service may conduct (i) the proposed actions of the Secretary (1) NATURAL EASEMENTS.— mediation or other nonbinding dispute reso- are necessary; and (A) IN GENERAL.—The use and occupancy of lution activities for a period not to exceed 60 (ii) other reasonable alternative measures the MRA by the Tribe shall be perpetually days beginning on the date on which the are impractical. subject to natural easements on parcels of Federal Mediation and Conciliation Service (3) COSTS.— land that are— receives the request for assistance, unless (A) IN GENERAL.—In the event the Sec- (i) bounded on the north and south by the the Secretary and the tribal chairman agree retary exercises the authority granted the boundaries of the MRA, specified in the legal to an extension of period of time. Secretary under paragraph (2), the United description under section 4(4); and (d) OTHER RIGHTS PRESERVED.—The facili- States shall be liable to the Tribe or the (ii) bounded on the east and west by bound- tated dispute resolution specified in this sec- members of the Tribe for— aries that run perpendicular to the northern tion shall not prejudice any right of the par- (i) cost of modification, removal, reloca- and southern boundaries of the MRA, as pro- ties to— tion, or reconstruction of structures lawfully vided in the description under subparagraph (1) commence an action in a court of the erected in good faith on the MRA; and (B). United States at any time; or (ii) loss of use of the affected land within (B) DESCRIPTION.—The description referred (2) any other resolution process that is not the MRA. to in subparagraph (A)(ii) is as follows: prohibited by law. (B) PAYMENT OF COMPENSATION.—Any com- (i) Easement number 1, being 445 feet wide SEC. 8. MISCELLANEOUS. pensation paid under subparagraph (A) shall with western boundary 525 feet, and eastern (a) NO GENERAL APPLICABILITY.—Nothing be paid as cash payments with respect to boundary 970 feet, east of the western bound- in this Act creates any right, interest, privi- taking structures and other fixtures and in ary of the MRA. lege, or immunity affecting any other Tribe the form of rights to occupy similar land ad- (ii) Easement number 2, being 443 feet wide or any other park or Federal lands. jacent to the MRA with respect to taking with western boundary 3,637 feet, and eastern (b) NONINTERFERENCE WITH FEDERAL land. boundary 4,080 feet, east of the western AGENTS.— (4) RULE OF CONSTRUCTION.—Paragraphs (2) boundary of the MRA. (1) IN GENERAL.—Federal employees, and (3) shall not apply to a natural easement (iii) Easement number 3, being 320 feet agents, officers, and officials shall have a described in section 6(d)(1). wide with western boundary 5,380 feet, and right of access to the MRA— (f) PARTIES HELD HARMLESS.— eastern boundary 5,700 feet, east of the west- (A) to monitor compliance with the provi- (1) UNITED STATES HELD HARMLESS.— ern boundary of the MRA. sions of this Act; and (A) IN GENERAL.—Subject to subparagraph (iv) Easement number 4, being 290 feet wide (B) for other purposes, as though it were a (B) with respect to any tribal member, tribal with western boundary 6,020 feet, and eastern Federal Indian reservation. employee, tribal contractor, tribal enter- boundary 6,310 feet, east of the western (2) STATUTORY CONSTRUCTION.—Nothing in prise, or any person residing within the boundary of the MRA. this Act shall authorize the Tribe or mem- MRA, notwithstanding any other provision H10588 CONGRESSIONAL RECORD — HOUSE October 12, 1998 of law, the United States (including an offi- that the Indians shall be allowed to re- important bill which will carry out the long- cer, agent, or employee of the United main within the park and protecting standing intent of Congress in preserving and States), shall not be liable for any action or the Everglades environment at the protecting the rights of the Miccosukee Tribe failure to act by the Tribe (including an offi- same time. cer, employee, or member of the Tribe), in- of Indians of Florida. cluding any failure to perform any of the ob- Madam Speaker, I urge my col- This bill has been a truly bipartisan effort, ligations of the Tribe under this Act. leagues to support H.R. 3055. with my Florida colleagues Congresswoman (B) RULE OF CONSTRUCTION.—Nothing in Madam Speaker, I reserve the bal- CARRIE MEEK and Congressmen LINCOLN this paragraph shall be construed to alter ance of my time. DIAZ-BALART, MARK FOLEY, and JOE SCAR- any liability or other obligation that the Mr. MILLER of California. Madam BOROUGH joining me as cosponsors. Addition- United States may have under the Indian Speaker, I yield myself such time as I ally, the bill now enjoys the support of many Self-Determination and Education Assist- may consume. other Members of the Florida delegation and I ance Act (25 U.S.C. 450 et seq.). Madam Speaker, I rise in support of appreciate their support of this legislation. I (2) TRIBE HELD HARMLESS.—Notwithstand- H.R. 3055. This bill differs in form, but ing any other provision of law, the Tribe and also want to point out, Madam Speaker, how the members of the Tribe shall not be liable not in substance, from the bill that was appreciative I am of Chairman HANSEN. He for any injury, loss, damage, or harm that— reported by the Committee on Re- has been working with me since the 104th (A) occurs with respect to the MRA; and sources, and I believe the bill as Congress to move this bill expediously. (B) is caused by an action or failure to act amended reflects changes agreed to by This legislation allows for the good people by the United States, or the officer, agent, or both the Tribe and the Department. of the Miccosukee Tribe to live in perpetuity in employee of the United States (including the Madam Speaker, I yield such time as the so-called permit area of Everglades Na- failure to perform any obligation of the he may consume to the gentleman tional Park. The Miccosukees have lived and United States under this Act). from Florida (Mr. HASTINGS), who has (g) COOPERATIVE AGREEMENTS.—Nothing in worked for literally hundreds of years in this this Act shall alter the authority of the Sec- worked very long and hard on this leg- area. The rights of the Miccosukees are rec- retary and the Tribe to enter into any coop- islation. ognized by the Everglades National Park Ena- erative agreement, including any agreement (Mr. HASTINGS of Florida asked and bling Act of 1934 and their special use permit. concerning law enforcement, emergency re- was given permission to revise and ex- In 1934, the Everglades National Park Ena- sponse, or resource management. tend his remarks.) bling Act specifically provided that rights of the (h) WATER RIGHTS.—Nothing in this Act Mr. HASTINGS of Florida. Madam Indians were protected. Subsequently, in shall enhance or diminish any water rights Speaker, I am proud to stand up today 1962, and 1973, the tribe was guaranteed that of the Tribe, or members of the Tribe, or the and speak on behalf of H.R. 3055, the United States (with respect to the Park). they could build homes, schools, clinics, and (i) ENFORCEMENT.— Miccosukee Reserve Area Act. This is a other tribal buildings in the 300-plus acres (1) ACTIONS BROUGHT BY ATTORNEY GEN- very important bill which will carry identified in their special use permit. ERAL.—The Attorney General may bring a out the long-standing intent of Con- The intent of the Congress in 1934 was to civil action in the United States district gress in preserving and protecting the guarantee the Indians the freedom to live, court for the district in which the MRA is lo- rights of the Miccosukee Tribe of Indi- work, and govern themselves as they wish in cated, to enjoin the Tribe from violating any ans of Florida. this area, not to be governed by the National provision of this Act. This bill has been truly a bipartisan Park Service. This bill will allow for (2) ACTION BROUGHT BY TRIBE.—The Tribe effort with my Florida colleagues, the may bring a civil action in the United States Miccosukee self-government to continue and district court for the district in which the gentlewoman from Florida (Mrs. prosper. MRA is located to enjoin the United States MEEK), the gentleman from Florida Madam Speaker, it is important to point out from violating any provision of this Act. (Mr. DIAZ-BALART), the gentleman from that this bill enjoys not only bipartisan support, The SPEAKER pro tempore (Mrs. Florida (Mr. FOLEY) and the gentleman but bicameral support as well. A companion EMERSON). Pursuant to the rule, the from Florida (Mr. SCARBOROUGH) join- bill has been sponsored in the Senate by Sen- gentleman from Utah (Mr. HANSEN) and ing me as cosponsors. Additionally, the ator CONNIE MACK and is supported by Sen- the gentleman from California (Mr. bill now enjoys the support of many ator BOB GRAHAM. Additionally, we have MILLER) each will control 20 minutes. other Members of the Florida delega- worked tirelessly with the Administration to The Chair recognizes the gentleman tion, and I appreciate their support of garner their support as well. I am pleased that from Utah (Mr. HANSEN). this legislation. Secretary Babbitt has visited the area at the Mr. HANSEN. Madam Speaker, I I also want to point out, Madam heart of this bill and that he, too, agrees that yield myself such time as I may con- Speaker, how appreciative I am of the it is necessary and worthy legislation. We sume. gentleman from Utah (Chairman HAN- have worked with the Transportation and Infra- Madam Speaker, H.R. 3055 clarifies SEN). He has been working with me structure Committee to make sure all of their the long standing rights of the since the 104th Congress to move this concerns were addressed. In short, Madam Miccosukee Tribe of Indians of Florida bill expeditiously, and I thank the gen- Speaker, this has been an inclusive process to govern themselves within a small tleman, as I do the ranking member from the very beginning and because of that area at the northern edge of Everglades and their respective staffs, who have we have a substantive, important bill that all National Park while protecting the Ev- worked tirelessly with me and with the sides see as meaningful and necessary. erglades environment and restoration. United States Senate in trying to bring Finally, Madam Speaker, let me say that I The bill sets aside 667 acres for the use this matter to a resolution. take a great deal of pride in the fact that of the Miccosukee Tribe at the north- Madam Speaker, these Native Ameri- South Florida's premier environmental organi- ern edge of the Everglades National cans seek nothing more than what we zationÐFriends of the EvergladesÐendorses Park along the Tamiami Trail where promised them when we passed the this legislation. It was important to not only the Miccosukee Tribe currently lives park bill in 1934, nothing more than have the support of the tribe and the politi- with existing schools, government cen- what was said on the floor of this cians, but also the support of the local envi- ter, health clinic, police and gas sta- House, nothing more than the Depart- ronmental community who is most acutely tions, restaurant, many similar build- ment of the Interior confirmed in the aware of the challenges facing our fragile ings, and over 100 homes. special use permit. South Florida ecosystem. H.R. 3055 represents along protracted In 1960, Supreme Court Justice Hugo Madam Speaker, these native Americans series of negotiations between the Black wrote, ‘‘Great nations, like great seek nothing more than what we promised Tribe and the administration, and the men, should keep their promise.’’ With them when we passed the park bill in 1934, version before us is a true settlement this bill, we will keep our promise to nothing more than was said on the floor of this of the issues involving the rights of the these Native Americans, to these fel- House, nothing more than the Department of Tribe, Everglades National Park, Ever- low citizens of the United States. They the Interior confirmed in the special use per- glades restoration and clean water con- deserve nothing less. I urge all of our mit. cerns. colleagues to support the Miccosukee In 1960, Justice Hugo Black wrote, ``Great This bill eliminates ambiguities Reserve Area Act. nations, like great men, should keep their which lead to unnecessary conflict, Madam Speaker, I am proud to stand up promise.'' With this bill, we keep our promise while both carrying out the original today and speak on behalf of H.R. 3055ÐThe to these native Americans, to these fellow citi- Congressional intent of the 1934 act Miccosukee Reserved Area Act. This is a very zens of the United States. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10589 They deserve nothing less. not meet minimum health and safety stand- nicipal, rural, and industrial water supplies, I urge all of my colleagues to support The ards, thereby posing a threat to public mitigation of wetlands areas, repairs to ex- Miccosukee Reserved Area Act. health and safety; isting public water distribution systems, and Mr. MILLER of California. Madam (2) in 1977, the North Dakota State Legisla- water conservation in Perkins County, ture authorized and directed the State Water South Dakota. Speaker, I have no further requests for Commission to conduct the Southwest Area (c) AMOUNT OF GRANTS.—Grants made time, and I yield back the balance of Water Supply Study, which included water available under subsection (a) to the water my time. service to a portion of Perkins County, supply system shall not exceed the Federal Mr. HANSEN. Madam Speaker, I South Dakota; share under section 10. have no further requests for time, and (3) amendments made by the Garrison Di- (d) LIMITATION ON AVAILABILITY OF CON- I yield back the balance of my time. version Unit Reformulation Act of 1986 (Pub- STRUCTION FUNDS.—The Secretary shall not The SPEAKER pro tempore. The lic Law 101–294) authorized the Southwest obligate funds for the construction of the Pipeline project as an eligible project for water supply system until— question is on the motion offered by Federal cost share participation; (1) the requirements of the National Envi- the gentleman from Utah (Mr. HANSEN) (4) the Perkins County Rural Water Sys- ronmental Policy Act of 1969 (42 U.S.C. 4321 that the House suspend the rules and tem has continued to be recognized by the et seq.) are met with respect to the water pass the bill, H.R. 3055, as amended. State of North Dakota, the Southwest Water supply system; and The question was taken; and (two- Authority, the North Dakota Water Commis- (2) a final engineering report and a plan for thirds having voted in favor thereof) sion, the Department of the Interior, and a water conservation program have been pre- the rules were suspended and the bill, Congress as a component of the Southwest pared and submitted to Congress for a period Pipeline Project; and as amended, was passed. of not less than 90 days before the com- (5) the best available, reliable, and safe mencement of construction of the system. The title was amended so as to read: rural and municipal water supply to serve SEC. 5. MITIGATION OF FISH AND WILDLIFE ‘‘A bill to deem the activities of the the needs of the Perkins County Rural Water LOSSES. Miccosukee Tribe on the Miccosukee System, Inc., members is the waters of the Mitigation of fish and wildlife losses in- Reserved Area to be consistent with Missouri River as delivered by the Southwest curred as a result of the construction and op- the purposes of the Everglades Na- Pipeline Project in North Dakota. eration of the water supply system shall be (b) PURPOSES.—The purposes of this Act tional Park, and for other purposes.’’ on an acre-for-acre basis, based on ecological are— equivalency, concurrent with project con- A motion to reconsider was laid on (1) to ensure a safe and adequate munici- the table. struction, as provided in the feasibility pal, rural, and industrial water supply for study. the members of the Perkins County Rural f SEC. 6. USE OF PICK-SLOAN POWER. Water Supply System, Inc., in Perkins Coun- (a) IN GENERAL.—From power designated GENERAL LEAVE ty, South Dakota; for future irrigation and drainage pumping (2) to assist the members of the Perkins Mr. HANSEN. Madam Speaker, I ask for the Pick-Sloan Missouri River Basin Pro- County Rural Water Supply System, Inc., in unanimous consent that all Members developing safe and adequate municipal, gram, the Western Area Power Administra- may have 5 legislative days within rural, and industrial water supplies; and tion shall make available the capacity and which to revise and extend their re- (3) to promote the implementation of energy required to meet the pumping and in- marks on H.R. 3055, as amended. water conservation programs by the Perkins cidental operational requirements of the County Rural Water System, Inc. water supply system during the period begin- The SPEAKER pro tempore. Is there ning May 1 and ending October 31 of each SEC. 3. DEFINITIONS. objection to the request of the gen- year. In this Act: tleman from Utah? (b) CONDITIONS.—The capacity and energy (1) FEASIBILITY STUDY.—The term ‘‘feasibil- There was no objection. described in subsection (a) shall be made ity study’’ means the study entitled ‘‘Fea- available on the following conditions: f sibility Study for Rural Water System for (1) The water supply system shall be oper- Perkins County Rural Water System, Inc.’’, ated on a not-for-profit basis. PERKINS COUNTY RURAL WATER as amended in March 1995. (2) The water supply system shall contract SYSTEM ACT OF 1998 (2) PROJECT CONSTRUCTION BUDGET.—The to purchase its entire electric service re- term ‘‘project construction budget’’ means Mr. HANSEN. Madam Speaker, I ask quirements, including the capacity and en- the description of the total amount of funds unanimous consent that the Commit- ergy made available under subsection (a), that are needed for the construction of the tee on Resources be discharged from from a qualified preference power supplier water supply system, as described in the fea- that itself purchases power from the Western further consideration of the Senate bill sibility study. Area Power Administration. (S. 2117) to authorize the construction (3) PUMPING AND INCIDENTAL OPERATIONAL (3) The rate schedule applicable to the ca- of the Perkins County Rural Water REQUIREMENTS.—The term ‘‘pumping and in- pacity and energy made available under sub- System and to authorize financial as- cidental operational requirements’’ means section (a) shall be the firm power rate all power requirements that are incidental to sistance to the Perkins County Rural schedule of the Pick-Sloan Eastern Division the operation of intake facilities, pumping Water System, Inc., a nonprofit cor- of the Western Area Power Administration stations, water treatment facilities, cooling poration, in the planning and construc- in effect when the power is delivered by the facilities, reservoirs, and pipelines to the tion of the water supply system, and Administration. point of delivery of water by the Perkins (4) It shall be agreed by contract among— for other purposes, and ask for its im- County Rural Water System to each entity (A) the Western Area Power Administra- mediate consideration in the House. that distributes water at retail to individual tion; The Clerk read the title of the Senate users. (B) the power supplier with which the bill. (4) SECRETARY.—The term ‘‘Secretary’’ water supply system contracts under para- means the Secretary of the Interior, acting The SPEAKER pro tempore. Is there graph (2); through the Commissioner of the Bureau of objection to the request of the gen- (C) the power supplier of the entity de- Reclamation. tleman from Utah? scribed in subparagraph (B); and (5) WATER SUPPLY SYSTEM.—The term There was no objection. (D) the Perkins County Rural Water Sys- ‘‘water supply system’’ means the Perkins tem, Inc.; The Clerk read the Senate bill, as fol- County Rural Water System, Inc., a non- lows: profit corporation, established and operated that in the case of the capacity and energy S. 2117 substantially in accordance with the fea- made available under subsection (a), the benefit of the rate schedule described in para- Be it enacted by the Senate and House of Rep- sibility study. graph (3) shall be passed through to the resentatives of the United States of America in SEC. 4. FEDERAL ASSISTANCE FOR WATER SUP- water supply system, except that the power Congress assembled, PLY SYSTEM. (a) IN GENERAL.—The Secretary shall make supplier of the water supply system shall not SECTION 1. SHORT TITLE. grants to the water supply system for the be precluded from including, in the charges This Act may be cited as the ‘‘Perkins Federal share of the costs of— of the supplier to the water system for the County Rural Water System Act of 1998’’. (1) the planning and construction of the electric service, the other usual and cus- SEC. 2. FINDINGS AND PURPOSES. water supply system; and tomary charges of the supplier. (a) FINDINGS.—Congress finds that— (2) repairs to existing public water dis- SEC. 7. NO LIMITATION ON WATER PROJECTS IN (1) there are insufficient water supplies of tribution systems to ensure conservation of STATES. reasonable quality available to the members the resources and to make the systems func- This Act does not limit the authorization of the Perkins County Rural Water System tional under the new water supply system. for water projects in South Dakota and located in Perkins County, South Dakota, (b) SERVICE AREA.—The water supply sys- North Dakota under law in effect on or after and the water supplies that are available do tem shall provide for safe and adequate mu- the date of enactment of this Act. H10590 CONGRESSIONAL RECORD — HOUSE October 12, 1998 SEC. 8. WATER RIGHTS. (2) amendments made by the Garrison Di- water supply system during the period begin- Nothing in this Act— version Unit Reformulation Act of 1986 (Pub- ning May 1 and ending October 31 of each (1) invalidates or preempts State water law lic Law 101–294) authorized the Southwest year. or an interstate compact governing water; Pipeline project as an eligible project for (b) CONDITIONS.—The capacity and energy (2) alters the rights of any State to any ap- Federal cost share participation; and described in subsection (a) shall be made propriated share of the waters of any body of (3) the Perkins County Rural Water Sys- available on the following conditions: surface or ground water, whether determined tem has continued to be recognized by the (1) The water supply system shall be oper- by past or future interstate compacts or by State of North Dakota, the Southwest Water ated on a not-for-profit basis. past or future legislative or final judicial al- Authority, the North Dakota Water Commis- (2) The water supply system may contract locations; sion, the Department of the Interior, and to purchase its entire electric service re- (3) preempts or modifies any Federal or Congress as a component of the Southwest quirements, including the capacity and en- State law, or interstate compact, dealing Pipeline Project. ergy made available under subsection (a), with water quality or disposal; or SEC. 103. DEFINITIONS. from a qualified preference power supplier (4) confers on any non-Federal entity the In this title: that itself purchases power from the Western ability to exercise any Federal right to the (1) FEASIBILITY STUDY.—The term ‘‘feasibil- Area Power Administration. waters of any stream or to any ground water ity study’’ means the study entitled ‘‘Fea- (3) The rate schedule applicable to the ca- resource. sibility Study for Rural Water System for pacity and energy made available under sub- SEC. 9. FEDERAL SHARE. Perkins County Rural Water System, Inc.’’, section (a) shall be the firm power rate The Federal share under section 4 shall be as amended in March 1995. schedule of the Pick-Sloan Eastern Division 75 percent of— (2) PROJECT CONSTRUCTION BUDGET.—The of the Western Area Power Administration (1) the amount allocated in the total term ‘‘project construction budget’’ means in effect when the power is delivered by the project construction budget for the planning the description of the total amount of funds Administration. and construction of the water supply system that are needed for the construction of the (4) It shall be agreed by contract among— under section 4; and water supply system, as described in the fea- (A) the Western Area Power Administra- (2) such sums as are necessary to defray in- sibility study. tion; creases in development costs reflected in ap- (3) PUMPING AND INCIDENTAL OPERATIONAL (B) the power supplier with which the propriate engineering cost indices after REQUIREMENTS.—The term ‘‘pumping and in- water supply system contracts under para- March 1, 1995. cidental operational requirements’’ means graph (2); (C) the power supplier of the entity de- SEC. 10. NON-FEDERAL SHARE. all power requirements that are incidental to the operation of intake facilities, pumping scribed in subparagraph (B); and The non-Federal share under section 4 (D) the Perkins County Rural Water Sys- shall be 25 percent of— stations, water treatment facilities, cooling facilities, reservoirs, and pipelines to the tem, Inc.; (1) the amount allocated in the total that in the case of the capacity and energy project construction budget for the planning point of delivery of water by the Perkins County Rural Water System to each entity made available under subsection (a), the ben- and construction of the water supply system efit of the rate schedule described in para- under section 4; and that distributes water at retail to individual users. graph (3) shall be passed through to the (2) such sums as are necessary to defray in- water supply system, except that the power creases in development costs reflected in ap- (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting supplier of the water supply system shall not propriate engineering cost indices after be precluded from including, in the charges March 1, 1995. through the Commissioner of the Bureau of Reclamation. of the supplier to the water system for the SEC. 11. CONSTRUCTION OVERSIGHT. (5) WATER SUPPLY SYSTEM.—The term electric service, the other usual and cus- (a) AUTHORIZATION.—The Secretary may ‘‘water supply system’’ means the Perkins tomary charges of the supplier. provide construction oversight to the water County Rural Water System, Inc., a non- SEC. 107. FEDERAL SHARE. supply system for areas of the water supply profit corporation, established and operated The Federal share under section 104 shall system. substantially in accordance with the fea- be 75 percent of— (b) PROJECT OVERSIGHT ADMINISTRATION.— sibility study. (1) the amount allocated in the total The amount of funds used by the Secretary SEC. 104. FEDERAL ASSISTANCE FOR WATER SUP- project construction budget for the planning for planning and construction of the water PLY SYSTEM. and construction of the water supply system supply system may not exceed an amount (a) IN GENERAL.—The Secretary shall make under section 104; and equal to 3 percent of the amount provided in grants to the water supply system for the (2) such sums as are necessary to defray in- the total project construction budget for the Federal share of the costs of— creases in development costs reflected in ap- portion of the project to be constructed in (1) the planning and construction of the propriate engineering cost indices after Perkins County, South Dakota. water supply system; and March 1, 1995. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (2) repairs to existing public water dis- SEC. 108. NON-FEDERAL SHARE. There are authorized to be appropriated— tribution systems to ensure conservation of The non-Federal share under section 104 (1) $15,000,000 for the planning and con- the resources and to make the systems func- shall be 25 percent of— struction of the water system under section tional under the new water supply system. (1) the amount allocated in the total 4; and (b) LIMITATION ON AVAILABILITY OF CON- project construction budget for the planning (2) such sums as are necessary to defray in- STRUCTION FUNDS.—The Secretary shall not and construction of the water supply system creases in development costs reflected in ap- obligate funds for the construction of the under section 104; and propriate engineering cost indices after water supply system until— (2) such sums as are necessary to defray in- March 1, 1995. (1) the requirements of the National Envi- creases in development costs reflected in ap- ronmental Policy Act of 1969 (42 U.S.C. 4321 AMENDMENT IN THE NATURE OF A SUBSTITUTE propriate engineering cost indices after et seq.) are met with respect to the water March 1, 1995. OFFERED BY MR. HANSEN supply system; and Mr. HANSEN. Madam Speaker, I SEC. 109. CONSTRUCTION OVERSIGHT. (2) a final engineering report and a plan for (a) AUTHORIZATION.—At the request of the offer an amendment in the nature of a a water conservation program have been pre- Perkins County Rural Water System, the substitute. pared and submitted to Congress for a period Secretary may provide construction over- The Clerk read as follows: of not less than 90 days before the com- sight to the water supply system for areas of Amendment in the Nature of a Substitute mencement of construction of the system. the water supply system. Offered by Mr. HANSEN: SEC. 105. MITIGATION OF FISH AND WILDLIFE (b) PROJECT OVERSIGHT ADMINISTRATION.— Strike out all after the enacting clause and LOSSES. The amount of funds used by the Secretary insert: Mitigation of fish and wildlife losses infor planning and construction of the water curred as a result of the construction and op- supply system may not exceed an amount TITLE I—PERKINS COUNTY RURAL WATER eration of the water supply system shall be equal to 3 percent of the amount provided in SYSTEM ACT OF 1998 on an acre-for-acre basis, based on ecological the total project construction budget for the SEC. 101. SHORT TITLE. equivalency, concurrent with project con- portion of the project to be constructed in This title may be cited as the ‘‘Perkins struction, as provided in the feasibility Perkins County, South Dakota. County Rural Water System Act of 1998’’. study. SEC. 110. AUTHORIZATION OF APPROPRIATIONS. SEC. 102. FINDINGS. SEC. 106. USE OF PICK-SLOAN POWER. There are authorized to be appropriated— The Congress finds that— (a) IN GENERAL.—From power designated (1) $15,000,000 for the planning and con- (1) in 1977, the North Dakota State Legisla- for future irrigation and drainage pumping struction of the water system under section ture authorized and directed the State Water for the Pick-Sloan Missouri River Basin Pro- 104; and Commission to conduct the Southwest Area gram, the Western Area Power Administra- (2) such sums as are necessary to defray in- Water Supply Study, which included water tion shall make available the capacity and creases in development costs reflected in ap- service to a portion of Perkins County, energy required to meet the pumping and in- propriate engineering cost indices after South Dakota; cidental operational requirements of the March 1, 1995. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10591 TITLE II—PINE RIVER PROJECT trict and the Bureau of Indian Affairs on the System lands within the boundaries of the CONVEYANCE ACT one hand and Reclamation on the other San Juan National Forest, shall be adminis- SEC. 201. SHORT TITLE. hand, under the Repayment Contract or with tered in accordance with the laws, rules, and This title may be cited as the ‘‘Pine River respect to the Pine River Project are extin- regulations applicable to the National Forest Project Conveyance Act’’. guished. Upon completion of the title trans- System. SEC. 202. DEFINITIONS. fer, said Repayment Contract shall become (2) Reclamation withdrawals of land from For purposes of this title: null and void. The District shall be respon- the San Juan National Forest established by (1) The term ‘‘Jurisdictional Map’’ means sible for paying 50 percent of all costs associ- Secretarial Orders on November 9, 1936, Octo- the map entitled ‘‘Transfer of Jurisdiction— ated with the title transfer. ber 14, 1937, and June 20, 1945, together des- Vallecito Reservoir, United States Depart- (b) BUREAU OF INDIAN AFFAIRS INTEREST.— ignated as Serial No. C–28259, shall be re- ment of Agriculture, Forest Service and At the option of the Tribe, the Secretary is voked. United States Department of the Interior, authorized to convey to the Tribe the Bureau (3) The Forest Service shall issue perpetual Bureau of Reclamation and the Bureau of In- of Indian Affairs’ undivided 1⁄6 right and in- easements to the District and the Bureau of dian Affairs’’ dated March, 1998. terest in the Pine River Project and the Indian Affairs, at no cost to the District or (2) The term ‘‘Pine River Project’’ or the water supply made available by Vallecito the Bureau of Indian Affairs, providing ade- ‘‘Project’’ means Vallecito Dam and Res- Reservoir pursuant to the Memorandum of quate access across all lands subject to For- ervoir owned by the United States and au- Understanding between the Bureau of Rec- est Service jurisdiction to insure the District thorized in 1937 under the provisions of the lamation and the Office of Indian Affairs and the Bureau of Indian Affairs the ability Department of the Interior Appropriation dated January 3, 1940, together with its to continue to operate and maintain the Act of June 25, 1910, 36 Stat. 835; facilities ap- Amendment dated July 9, 1964 (‘MOU’), the Pine River Project. purtenant to the Dam and Reservoir, includ- Repayment Contract and decrees in Case (4) The undivided 5⁄6 interest in National ing equipment, buildings, and other improve- Nos. 1848–B and W–1603–76D, District Court, Forest System lands that, by reason of the ments; lands adjacent to the Dam and Res- Water Division 7, State of Colorado. In the Jurisdictional Transfer is to be administered ervoir; easements and rights-of-way nec- event of such conveyance, no consideration by Reclamation, shall be conveyed to the essary for access and all required connec- or compensation shall be required to be paid District pursuant to section 203(a). tions with the Dam and Reservoir, including to the United States. (5) The District and the Bureau of Indian those for necessary roads; and associated (c) FEDERAL DAM USE CHARGE.—Nothing in Affairs shall issue perpetual easements to personal property, including contract rights this title shall relieve the holder of the li- the Forest Service, at no cost to the Forest and any and all ownership or property inter- cense issued by the Federal Energy Regu- Service, from National Forest System lands est in water or water rights. latory Commission under the Federal Power to Vallecito Reservoir to assure continued (3) The term ‘‘Repayment Contract’’ means Act for Vallecito Dam in effect on the date public access to Vallecito Reservoir when Repayment Contract #I1r–1204, between Rec- of enactment of this Act from the obligation the Reservoir level drops below the 7,665-foot lamation and the Pine River Irrigation Dis- to make payments under section 10(e)(2) of water surface elevation. trict, dated April 15, 1940, and amended No- the Federal Power Act during the remaining (6) The District and the Bureau of Indian vember 30, 1953, and all amendments and ad- term of the present license. At the expira- Affairs shall issue a perpetual easement to ditions thereto, including the Act of July 27, tion of the present license term, the Federal the Forest Service, at no cost to the Forest 1954 (68 Stat. 534), covering the Pine River Energy Regulatory Commission shall adjust Service, for the reconstruction, mainte- Project and certain lands acquired in support the charge to reflect either (1) the 1⁄6 interest nance, and operation of a road from La Plata of the Vallecito Dam and Reservoir pursuant of the United States remaining in the County Road No. 501 to National Forest Sys- to which the Pine River Irrigation District Vallecito Dam after conveyance to the Dis- tem lands east of the Reservoir. has assumed operation and maintenance re- trict; or (2) if the remaining 1⁄6 interest of the (d) VALID EXISTING RIGHTS.—Nothing in sponsibilities for the dam, reservoir, and United States has been conveyed to the this title shall affect any valid existing water-based recreation in accordance with Tribe pursuant to subsection (b), then no rights or interests in any existing land use existing law. Federal dam charge shall be levied from the authorization, except that any such land use (4) The term ‘‘Reclamation’’ means the De- date of expiration of the present license. authorization shall be administered by the partment of the Interior, Bureau of Reclama- SEC. 204. JURISDICTIONAL TRANSFER OF LANDS. agency having jurisdiction over the land tion. (a) INUNDATED LANDS.—To provide for the after the Jurisdictional Transfer in accord- (5) The term ‘‘Secretary’’ means the Sec- consolidation of lands associated with the ance with subsection (c) and other applicable retary of the Interior. Pine River Project to be retained by the For- law. Renewal or reissuance of any such au- (6) The term ‘‘Southern Ute Indian Tribe’’ est Service and the consolidation of lands to thorization shall be in accordance with ap- or ‘‘Tribe’’ means a federally recognized In- be transferred to the District, the adminis- plicable law and the regulations of the agen- dian tribe, located on the Southern Ute In- trative jurisdiction of lands inundated by cy having jurisdiction, except that the dian Reservation, La Plata County, Colo- and along the shoreline of Vallecito Res- change of administrative jurisdiction shall rado. ervoir, as shown on the Jurisdictional Map, not in itself constitute a ground to deny the (7) The term ‘‘Pine River Irrigation Dis- shall be transferred, as set forth in sub- renewal or reissuance of any such authoriza- trict’’ or ‘‘District’’ means a political divi- section (b) (the ‘‘Jurisdictional Transfer’’), tion. sion of the State of Colorado duly organized, concurrently with the conveyance described SEC. 205. LIABILITY. existing, and acting pursuant to the laws in section 203(a). Except as otherwise shown Effective on the date of the conveyance of thereof with its principal place of business in on the Jurisdictional Map— the remaining undivided 1⁄6 right and interest the City of Bayfield, La Plata County, Colo- (1) for withdrawn lands (approximately 260 in the Pine River Project to the Tribe pursu- rado and having an undivided 5⁄6 right and in- acres) lying below the 7,765-foot reservoir ant to section 203(b), the United States shall terest in the use of the water made available water surface elevation level, the Forest not be held liable by any court for damages by Vallecito Reservoir for the purpose of Service shall transfer an undivided 5⁄6 inter- of any kind arising out of any act, omission, supplying the lands of the District, pursuant est to Reclamation and an undivided 1⁄6 in- or occurrence relating to such Project, ex- to the Repayment Contract, and the decree terest to the Bureau of Indian Affairs in cept for damages caused by acts of neg- in Case No. 1848–B, District Court, Water Di- trust for the Tribe; and ligence committed by the United States or vision 7, State of Colorado, as well as an un- (2) for Project acquired lands (approxi- by its employees, agents, or contractors divided 5⁄6 right and interest in the Pine mately 230 acres) above the 7,765-foot res- prior to the date of conveyance. Nothing in River Project. ervoir water surface elevation level, Rec- this section shall be deemed to increase the SEC. 203. TRANSFER OF THE PINE RIVER lamation and the Bureau of Indian Affairs liability of the United States beyond that PROJECT. shall transfer their interests to the Forest currently provided in the Federal Tort (a) CONVEYANCE.—The Secretary is author- Service. Claims Act (28 U.S.C. 2671 et seq.). ized to convey, without consideration or (b) MAP.—The Jurisdictional Map and legal SEC. 206. COMPLETION OF CONVEYANCE. compensation to the District, by quitclaim descriptions of the lands transferred pursu- (a) IN GENERAL.—The Secretary’s comple- deed or patent, pursuant to section 206, the ant to subsection (a) shall be on file and tion of the conveyance under section 203 United States undivided 5⁄6 right and interest available for public inspection in the offices shall not occur until the following events in the Pine River Project under the jurisdic- of the Chief of the Forest Service, Depart- have been completed: tion of Reclamation for the benefit of the ment of Agriculture, the Commissioner of (1) Compliance with the National Environ- Pine River Irrigation District. No partition Reclamation, Department of the Interior, ap- mental Policy Act of 1969 (42 U.S.C. 4321 et of the undivided 5⁄6 right and interest in the propriate field offices of those agencies, and seq.), and other applicable Federal and State Pine River Project shall be permitted from the Committee on Resources of the House of laws. the undivided 1⁄6 right and interest in the Representatives and the Committee on En- (2) The submission of a written statement Pine River Project described in subsection ergy and Natural Resources of the Senate. from the Southern Ute Indian Tribe to the (b) and any quitclaim deed or patent evi- (c) ADMINISTRATION.—Following the Juris- Secretary indicating the Tribe’s satisfaction dencing a transfer shall expressly prohibit dictional Transfer: that the Tribe’s Indian Trust Assets are pro- partitioning. Effective on the date of the (1) All lands that, by reason of the Juris- tected in the conveyance described in section conveyance, all obligations between the Dis- dictional Transfer, become National Forest 203. H10592 CONGRESSIONAL RECORD — HOUSE October 12, 1998 (3) Execution of an agreement acceptable linity Control Act (Public Law 93–320, 43 ulations governing such changes at that to the Secretary which limits the future li- U.S.C. 1571). time (subject to section 405). ability of the United States relative to the SEC. 305. REPORT. SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT operation of the Project. If transfer of works, facilities, and lands OBLIGATIONS. (4) The submission of a statement by the pursuant to the Agreement has not occurred (a) PAYMENT OBLIGATIONS NOT AFFECTED.— Secretary to the District, the Bureau of In- by July 1, 2000, the Secretary shall report on The conveyance of the Project under this dian Affairs, and the State of Colorado on the status of the transfer as provided in sec- title does not affect the payment obligations the existing condition of Vallecito Dam tion 5 of the Agreement. of the District under the contract between based on Bureau of Reclamation’s current the District and the Secretary numbered 14– SEC. 306. AUTHORIZATION knowledge and understanding. 06–200–7734, as amended by contracts num- There are authorized to be appropriated (5) The development of an agreement be- bered 14–06–200–4282A and 14–06–200–8536A. such sums as may be necessary to carry out tween the Bureau of Indian Affairs and the (b) PAYMENT OBLIGATIONS EXTINGUISHED.— the provisions of this title. District to prescribe the District’s obligation Provision of consideration by the District in TITLE IV—SLY PARK DAM AND to so operate the Project that the 1⁄6 rights accordance with section 403(b) shall extin- and interests to the Project and water sup- RESERVOIR, CALIFORNIA guish all payment obligations under contract ply made available by Vallecito Reservoir SEC. 401. SHORT TITLE. numbered 14–06–200–949IR1 between the Dis- held by the Bureau of Indian Affairs are pro- This title may be cited as the ‘‘Sly Park trict and the Secretary. tected. Such agreement shall supercede the Unit Conveyance Act’’. SEC. 406. RELATIONSHIP TO OTHER LAWS. Memorandum of Agreement referred to in SEC. 402. DEFINITIONS. (a) RECLAMATION LAWS.—Except as pro- section 203(b) of this Act. For purposes of this title: vided in subsection (b), upon conveyance of (6) The submission of a plan by the District (1) The term ‘‘District’’ means the El Do- the Project under this title, the Reclamation to manage the Project in a manner substan- rado Irrigation District, a political subdivi- Act of 1902 (82 Stat. 388) and all Acts amend- tially similar to the manner in which it was sion of the State of California that has its atory thereof or supplemental thereto shall managed prior to the transfer and in accord- principal place of business in the city of not apply to the Project. ance with applicable Federal and State laws, Placerville, El Dorado County, California. (b) PAYMENTS INTO THE CENTRAL VALLEY including management for the preservation (2) The term ‘‘Secretary’’ means the Sec- PROJECT RESTORATION FUND.—The El Dorado of public access and recreational values and retary of the Interior. Irrigation District shall continue to make for the prevention of growth on certain lands (3) The term ‘‘Project’’ means all of the payments into the Central Valley Project to be conveyed hereunder, as set forth in an right, title, and interest in and to the Sly Restoration Fund for 31 years after the date Agreement dated March 20, 1998, between the Park Dam and Reservoir, Camp Creek Diver- of the enactment of this Act. The District’s District and residents of Vallecito Reservoir. sion Dam and Tunnel, and conduits and ca- obligation shall be calculated in the same Any future change in the use of the water nals held by the United States pursuant to or manner as Central Valley Project water con- supplied by Vallecito Reservoir shall comply related to the authorization in the Act enti- tractors. with applicable law. tled ‘‘An Act to authorize the American SEC. 407. LIABILITY. (7) The development of a flood control plan River Basin Development, California, for ir- Except as otherwise provided by law, effec- by the Secretary of the Army acting through rigation and reclamation, and for other pur- tive on the date of conveyance of the Project the Corps of Engineers which shall direct the poses’’, approved October 14, 1949 (63 Stat. 852 under this title, the United States shall not District in the operation of Vallecito Dam chapter 690); be liable for damages of any kind arising out for such purposes. SEC. 403. CONVEYANCE OF PROJECT. of any act, omission, or occurrence based on (b) REPORT.—If the transfer authorized in its prior ownership or operation of the con- (a) IN GENERAL.—In consideration of the section 203 is not substantially completed District accepting the obligations of the Fed- veyed property. within 18 months from the date of enactment eral Government for the Project and subject TITLE V—CLEAR CREEK DISTRIBUTION of this Act, the Secretary, in coordination to the payment by the District of the net SYSTEM CONVEYANCE with the District, shall promptly provide a present value of the remaining repayment SEC. 501. SHORT TITLE. report to the Committee on Resources of the This title may be cited as the ‘‘Clear Creek House of Representatives and to the Com- obligation, as determined by Office of Man- Distribution System Conveyance Act’’. mittee on Energy and Natural Resources of agement and Budget Circular A–129 (in effect the Senate on the status of the transfer de- on the date of enactment of this Act), the SEC. 502. DEFINITIONS. scribed in section 203(a), any obstacles to Secretary shall convey the Project to the For purposes of this title: completion of such transfer, and the antici- District. (1) SECRETARY.—The term ‘‘Secretary’’ pated date for such transfer. (b) DEADLINE.— means the Secretary of the Interior. (c) FUTURE BENEFITS.—Effective upon (1) IN GENERAL.—If no changes in Project (2) DISTRICT.—The term ‘‘District’’ means transfer, the District shall not be entitled to operations are expected following the con- the Clear Creek Community Services Dis- receive any further Reclamation benefits at- veyance under subsection (a), the Secretary trict, a California community services dis- tributable to its status as a Reclamation shall complete the conveyance expeditiously, trict located in Shasta County, California. project pursuant to the Reclamation Act of but not later than 180 days after the date of (3) RECLAMATION.—The term ‘‘Reclama- June 17, 1902, and Acts supplementary there- the enactment of this Act. tion’’ means the United States Bureau of to or amendatory thereof. (2) DEADLINE IF CHANGES IN OPERATIONS IN- Reclamation. TITLE III—WELLTON-MOHAWK TRANSFER TENDED.—If the District intends to change (4) AGREEMENT.—The term ‘‘Agreement’’ ACT Project operations as a result of the convey- means Agreement No. 8–07–20–L6975 entitled ance under subsection (a), the Secretary— ‘‘Agreement Between the United States and SEC. 301. SHORT TITLE. This title may be referred to as the (A) shall take into account those potential the Clear Creek Community Services Dis- ‘‘Wellton-Mohawk Transfer Act’’. changes for the purpose of completing any trict to Transfer Title to the Clear Creek required environmental evaluation associ- Distribution System to the Clear Creek Com- SEC. 302. TRANSFER. munity Services District.’’ The Secretary of the Interior (‘‘Sec- ated with the conveyance; and retary’’) is authorized to carry out the terms (B) shall complete the conveyance by not (5) DISTRIBUTION SYSTEM.—The term ‘‘Dis- of the Memorandum of Agreement No. 8–AA– later than 2 years after the date of the enact- tribution System’’ means that term as de- 34–WAO14 (‘‘Agreement’’) dated July 10, 1998 ment of this Act. fined in the Agreement. between the Secretary and the Wellton-Mo- (3) ADMINISTRATIVE COSTS OF CONVEY- SEC. 503. AUTHORITY TO CONVEY TITLE. hawk Irrigation and Drainage District (‘‘Dis- ANCE.—If the Secretary fails to complete the The Secretary is hereby authorized to con- trict’’) providing for the transfer of works, conveyance under this title before the appli- vey title to the Distribution System consist- facilities, and lands to the District, includ- cable deadline under paragraph (1) or (2), the ent with the terms and conditions set forth ing conveyance of Acquired Lands, Public full cost of administrative action and envi- in the Agreement. Lands, and Withdrawn Lands, as defined in ronmental compliance for the conveyance SEC. 504. COMPLIANCE WITH OTHER LAWS. the Agreement. shall be borne by the Secretary. If the Sec- Following conveyance of title as provided SEC. 303. WATER AND POWER CONTRACTS. retary completes the conveyance before that in this title, the District shall comply with Notwithstanding the transfer, the Sec- deadline, 1⁄2 of such cost shall be paid by the all requirements of Federal, California, and retary and the Secretary of Energy shall pro- District. local law as may be applicable to non-Fed- vide for and deliver Colorado River water SEC. 404. RELATIONSHIP TO EXISTING OPER- eral water distribution systems. and Parker-Davis Project Priority Use ATIONS. SEC. 505. NATIVE AMERICAN TRUST RESPON- Power to the District in accordance with the (a) IN GENERAL.—Nothing in this title shall SIBILITY. terms of existing contracts with the District, be construed as significantly expanding or The Secretary shall ensure that any trust including any amendments or supplements otherwise changing the use or operation of responsibilities to any Native American thereto or extensions thereof and as provided the Project from its current use and oper- Tribes that may be affected by the transfer under section 2 of the Agreement. ation. under this title are protected and fulfilled. SEC. 304. SAVINGS. (b) FUTURE ALTERATIONS.—If the District SEC. 506. LIABILITY. Nothing in this title shall affect any obli- alters the operations or uses of the Project it Effective on the date of conveyance as pro- gations under the Colorado River Basin Sa- shall comply with all applicable laws or reg- vided in this title, the District agrees that it October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10593 shall hold the United States harmless and Law 102–575; 106 Stat. 4706 et seq.) or the other relevant indexes. Sums appropriated shall indemnify the United States for any CALFED Bay-Delta Program. under this subsection shall remain available and all claims, costs, damages, and judg- (d) COST SHARING.— until expended. ments of any kind arising out of any act, (1) NON-FEDERAL SHARE.—The Secretary TITLE VII—MISCELLANEOUS PROVISIONS omission, or occurrence relating to the Dis- shall require that the District and cooperat- SEC. 701. TECHNICAL CORRECTIONS. tribution System, except for such claims, ing non-Federal agencies or organizations (a) REDUCTION OF WAITING PERIOD FOR OB- costs, or damages arising from acts of neg- pay— LIGATION OF FUNDS PROVIDED UNDER REC- ligence committed by the United States or (A) 25 percent of the costs associated with LAMATION SAFETY OF DAMS ACT OF 1978.—Sec- construction of any project carried out with by its employees, agents, or contractors tion 5 of the Reclamation Safety of Dams assistance provided under this section; and prior to the date of conveyance for which the Act of 1978 (92 Stat. 2471; 43 U.S.C. 509) is (B) 100 percent of any operation, mainte- United States is found liable under the Fed- amended by striking ‘‘sixty days’’ and all nance, and replacement and rehabilitation eral Tort Claims Act (28 U.S.C. 2671 et seq.), that follows through ‘‘day certain)’’ and in- costs with respect to such a project. provided such acts of negligence exclude all serting ‘‘30 calendar days’’. actions related to the installation of the Dis- (2) PLANNING, DESIGN, AND COMPLIANCE AS- (b) ALBUQUERQUE METROPOLITAN AREA REC- tribution System and/or prior billing and SISTANCE.—Funds appropriated pursuant to LAMATION AND REUSE PROJECT.— payment relative to the Distribution Sys- this section may be made available to fund (1) TECHNICAL CORRECTIONS.—Section 1621 all costs incurred for planning, design, and tem. of the Reclamation Projects Authorization environmental compliance activities by the SEC. 507. DEAUTHORIZATION. and Adjustment Act of 1992 (43 U.S.C. 390h– District or by local agencies acting pursuant Effective upon the date of conveyance, the 12g) is amended— to the State statute, in accordance with Distribution System is hereby deauthorized (A) by amending the section heading to agreements with the Secretary. as a Federal Reclamation Project facility. read as follows: Thereafter, the District shall not be entitled (3) TREATMENT OF CONTRIBUTIONS.—For purposes of this subsection, the Secretary ‘‘SEC. 1621. ALBUQUERQUE METROPOLITAN AREA to receive any further Reclamation benefits WATER RECLAMATION AND REUSE relative to the Distribution System. Such shall treat the value of lands, interests in PROJECT.’’; deauthorization shall not affect any of the lands (including rights-of-way and other and provisions of the District’s existing water easements), and necessary relocations con- (B) in subsection (a) by striking ‘‘Reuse’’ service contract with the United States (con- tributed by the District to a project as a and all that follows through ‘‘reclaim’’ and tract number 14–06–200–489–IR3), as it may be payment by the District of the costs of the inserting ‘‘Reuse Project to reclaim’’. project. amended or supplemented. Nor shall such de- (2) CLERICAL AMENDMENT.—The table of (e) COSTS NONREIMBURSABLE.—Amounts ex- authorization deprive the District of any ex- sections in section 2 of such Act is amended pended pursuant to this section shall be con- isting contractual or statutory entitlement by striking the item relating to section 1621 sidered nonreimbursable for purposes of the to subsequent interim renewals of such con- and inserting the following: Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. 371 tract or renewal by entering into a long- ‘‘Sec. 1621. Albuquerque Metropolitan Area term water service contract. et seq.), and Acts amendatory thereof and supplemental thereto. Water Reclamation and Reuse TITLE VI—COLUSA BASIN WATERSHED (f) AGREEMENTS.—Funds appropriated pur- Project.’’. INTEGRATED RESOURCES MANAGEMENT suant to this section may be made available (c) PHOENIX METROPOLITAN WATER REC- SEC. 601. COLUSA BASIN WATERSHED INTE- to the District or a local agency only if the LAMATION AND REUSE PROJECT.—Section 1608 GRATED RESOURCES MANAGEMENT. District or local agency, as applicable, has of the Reclamation Projects Authorization (a) SHORT TITLE.—This section may be entered into a binding agreement with the and Adjustment Act of 1992 (106 Stat. 4666; 43 cited as the ‘‘Colusa Basin Watershed Inte- Secretary— U.S.C. 390h–6) is amended— grated Resources Management Act’’. (1) under which the District or the local (1) by amending subsection (a) to read as (b) AUTHORIZATION OF ASSISTANCE.—The agency is required to pay the non-Federal follows: Secretary of the Interior (in this section re- share of the costs of construction required ‘‘(a) The Secretary, in cooperation with ferred to as the ‘‘Secretary’’) may provide fi- by subsection (d)(1); and the city of Phoenix, Arizona, shall partici- nancial assistance to the Colusa Basin (2) governing the funding of planning, de- pate in the planning, design, and construc- Drainage District, California (in this section sign, and compliance activities costs under tion of the Phoenix Metropolitan Water Rec- referred to as the ‘‘District’’), for use by the subsection (d)(2). lamation and Reuse Project to utilize fully District or by local agencies acting pursuant (g) REIMBURSEMENT.—For project work (in- wastewater from the regional wastewater to section 413 of the State of California stat- cluding work associated with studies, plan- treatment plant for direct municipal, indus- ute known as the Colusa Basin Drainage Act ning, design, and construction) carried out trial, agricultural, and environmental pur- (California Stats. 1987, ch. 1399), as in effect by the District or by a local agency acting poses, groundwater recharge, and indirect on the date of the enactment of this Act (in pursuant to the State statute referred to in potable reuse in the Phoenix metropolitan this section referred to as the ‘‘State stat- subsection (b) before the date amounts are area.’’; ute’’), for planning, design, environmental provided for the project under this section, (2) in subsection (b) by striking the first compliance, and construction required in the Secretary shall, subject to amounts sentence; and carrying out eligible projects in the Colusa being made available in advance in appro- (3) by striking subsection (c). Basin Watershed to— priations Acts, reimburse the District or the (d) REFUND OF CERTAIN AMOUNTS RECEIVED (1)(A) reduce the risk of damage to urban local agency, without interest, an amount UNDER RECLAMATION REFORM ACT OF 1982.— and agricultural areas from flooding or the equal to the estimated Federal share of the (1) REFUND REQUIRED.—Subject to para- discharge of drainage water or tailwater; cost of such work under subsection (d). graph (2) and the availability of appropria- (B) assist in groundwater recharge efforts (h) COOPERATIVE AGREEMENTS.— tions, the Secretary of the Interior shall re- to alleviate overdraft and land subsidence; or (1) IN GENERAL.—The Secretary may enter fund fully amounts received by the United (C) construct, restore, or preserve wetland into cooperative agreements and contracts States as collections under section 224(i) of and riparian habitat; and with the District to assist the Secretary in the Reclamation Reform Act of 1982 (101 (2) capture, as an incidental purpose of any carrying out the purposes of this section. Stat. 1330–268; 43 U.S.C. 390ww(i)) for paid of the purposes referred to in paragraph (1), (2) SUBCONTRACTING.—Under such coopera- bills (including interest collected) issued by surface or stormwater for conservation, con- tive agreements and contracts, the Secretary the Secretary of the Interior before January junctive use, and increased water supplies. may authorize the District to manage and 1, 1994, for full-cost charges that were as- (c) PROJECT SELECTION.— let contracts and receive reimbursements, sessed for failure to file certain certification (1) ELIGIBLE PROJECTS.—A project shall be subject to amounts being made available in or reporting forms under sections 206 and an eligible project for purposes of subsection advance in appropriations Acts, for work 224(c) of such Act (96 Stat. 1266, 1272; 43 (b) only if it is— carried out under such contracts or sub- U.S.C. 390ff, 390ww(c)). (A) identified in the document entitled contracts. (2) ADMINISTRATIVE FEE.—In the case of a ‘‘Colusa Basin Water Management Pro- (i) RELATIONSHIP TO RECLAMATION REFORM refund of amounts collected in connection gram’’, dated February 1995; and ACT OF 1982.—Activities carried out, and fi- with sections 206 and 224(c) of the Reclama- (B) carried out in accordance with that nancial assistance provided, under this section Reform Act of 1982 (96 Stat. 1266, 1272; 43 document and all environmental documentation shall not be considered a supplemental U.S.C. 390ff, 390ww(c)) with respect to any tion requirements that apply to the project or additional benefit for purposes of the Rec- water year after the 1987 water year, the under the laws of the United States and the lamation Reform Act of 1982 (96 Stat. 1263; 43 amount refunded shall be reduced by an ad- State of California. U.S.C. 390aa et seq.). ministrative fee of $260 for each occurrence. (2) COMPATIBILITY REQUIREMENT.—The Sec- (j) APPROPRIATIONS AUTHORIZED.—There (3) AUTHORIZATION OF APPROPRIATIONS.— retary shall ensure that projects for which are authorized to be appropriated to the Sec- There are authorized to be appropriated to assistance is provided under this section are retary to carry out this section $25,000,000, carry out this subsection $3,000,000. not inconsistent with watershed protection plus such additional amount, if any, as may (e) EXTENSION OF PERIODS FOR REPAYMENTS and environmental restoration efforts being be required by reason of changes in costs of FOR NUECES RIVER RECLAMATION PROJECT carried out under the authority of the Cen- services of the types involved in the Dis- AND CANADIAN RIVER RECLAMATION PROJECT, tral Valley Project Improvement Act (Public trict’s projects as shown by engineering and TEXAS.—Section 2 of the Emergency Drought H10594 CONGRESSIONAL RECORD — HOUSE October 12, 1998 Relief Act of 1996 (Public Law 104–318; 110 There was no objection. The Clerk read as follows: Stat. 3862) is amended by adding at the end Mr. MILLER of California. Madam Speaker, Amendment in the Nature of a Substitute the following new subsection: S. 2117 as amended authorizes a number of Offered by Mr. HANSEN: ‘‘(c) EXTENSION OF PERIODS FOR REPAY- relatively small but important provisions affect- Strike out all after the enacting clause and MENT.—Notwithstanding any provision of the insert: Reclamation Project Act of 1939 (43 U.S.C. ing water resource projects and management 485 et seq.), the Secretary of the Interior— in the Western United States. The bill author- TITLE I—GOVERNING INTERNATIONAL ‘‘(1) shall extend the period for repayment izes construction of a rural water system in FISHERY AGREEMENT WITH POLAND by the city of Corpus Christi, Texas, and the South Dakota, transfers ownership of several SEC. 101. GOVERNING INTERNATIONAL FISHERY Nueces River Authority under contract No. Bureau of Reclamation projects to local water AGREEMENT WITH POLAND. 6–07–01–X0675, relating to the Nueces River districts, authorizes several small projects in Notwithstanding section 203 of the Magnu- reclamation project, Texas, until— the Colusa Basin of California, and provides fi- son-Stevens Fishery Conservation and Man- agement Act (16 U.S.C. 1823), the governing ‘‘(A) August 1, 2029, for repayment pursu- nancial assistance for construction of water re- ant to the municipal and industrial water international fishery agreement between the supply benefits portion of the contract; and use projects in Phoenix and Albuquerque. The Government of the United States of America ‘‘(B) until August 1, 2044, for repayment bill also allows the City of Vallejo, California to and the Government of the Republic of Po- pursuant to the fish and wildlife and recre- use the water conveyance facilities of the Bu- land, as contained in the message to Con- ation benefits portion of the contract; and reau of Reclamation's Solano Project. gress from the President of the United ‘‘(2) shall extend the period for repayment While I will not object to passage of this leg- States dated February 5, 1998, is approved as by the Canadian River Municipal Water Au- islation, I will note that some of the Reclama- a governing international fishery agreement thority under contract No. 14–06–500–485, re- tion project transfers included in S. 2117 re- for the purposes of such Act and shall enter lating to the Canadian River reclamation main problematic. In particular, serious envi- into force and effect with respect to the United States on the date of enactment of project, Texas, until October 1, 2021.’’. ronmental issues have been raised regarding (f) SOLANO PROJECT WATER.— this Act. (1) AUTHORIZATION.—The Secretary of the future management of the Wellton-Mohawk Di- vision of the Gila Project and the Sly Park Unit TITLE II—MISCELLANEOUS FISHERIES Interior is authorized to enter into contracts PROVISIONS with the Solano County Water Agency, or of the Central Valley Project. The Bureau of SEC. 201. REAUTHORIZATION OF THE NORTH- any of its member unit contractors for water Reclamation must work to determine the con- WEST ATLANTIC FISHERIES CON- from the Solano Project, California, pursu- ditions for transferring these projects that will VENTION ACT OF 1995. ant to the Act of February 21, 1911 (43 U.S.C. preserve the public benefits and avoid envi- (a) REAUTHORIZATION.—Section 211 of the 523), for— ronmental damage from future project oper- Northwest Atlantic Fisheries Convention (A) the impounding, storage, and carriage ations. Act of 1995 (16 U.S.C. 5610) is amended by of nonproject water for domestic, municipal, The amendment in the nature of a striking ‘‘for each of ’’ and all that follows industrial, and other beneficial purposes, substitute was agreed to. through the end of the sentence and insert- using any facilities associated with the So- The Senate bill was ordered to be ing ‘‘for each fiscal year through fiscal year lano Project, California, and 2001.’’. (B) the exchange of water among Solano read a third time, was read the third time, and passed, and a motion to re- (b) MISCELLANEOUS TECHNICAL AMEND- Project contractors, for the purposes set MENTS.—The Northwest Atlantic Fisheries forth in subparagraph (A), using facilities as- consider was laid on the table. Convention Act of 1995 is further amended— sociated with the Solano Project, California. f (1) in section 207(e) (16 U.S.C. 5606(e)), by (2) LIMITATION.—The authorization under APPROVING A GOVERNING INTER- striking ‘‘sections’’ and inserting ‘‘section’’; paragraph (1) shall be limited to the use of (2) in section 209(c) (16 U.S.C. 5608(c)), by that portion of the Solano Project facilities NATIONAL FISHERY AGREEMENT striking ‘‘chapter 17’’ and inserting ‘‘chapter downstream of Mile 26 of the Putah South BETWEEN THE UNITED STATES 171’’; and Canal (as that canal is depicted on the offi- AND POLAND (3) in section 210(6) (16 U.S.C. 5609(6)), by cial maps of the Bureau of Reclamation), Mr. HANSEN. Madam Speaker, I ask striking ‘‘the Magnuson Fishery’’ and insert- which is below the diversion points on the ing ‘‘the Magnuson-Stevens Fishery’’. Putah South Canal utilized by the city of unanimous consent that the Commit- tee on Resources be discharged from (c) REPORT REQUIREMENT.—The Northwest Fairfield for delivery of Solano Project Atlantic Fisheries Convention Act of 1995 (16 water. further consideration of the bill (H.R. U.S.C. 201 et seq.) is further amended by add- (g) FISH PASSAGE AND PROTECTIVE FACILI- 3461) to approve a governing inter- ing at the end the following: TIES, ROGUE RIVER BASIN, OREGON.—The Sec- national fishery agreement between ‘‘SEC. 212. ANNUAL REPORT. retary of the Interior is authorized to use the United States and the Republic of ‘‘The Secretary shall annually report to otherwise available amounts to provide up to Poland, and ask for its immediate con- the Congress on the activities of the Fish- $2,000,000 in financial assistance to the Med- sideration in the House. eries Commission, the General Council, the ford Irrigation District and the Rogue River Valley Irrigation District for the design and The Clerk read the title of the bill. Scientific Council, and the consultative com- construction of fish passage and protective The SPEAKER pro tempore. Is there mittee established under section 208.’’. ORTH ATLANTIC FISHERIES ORGANIZA- facilities at North Fork Little Butte Creek objection to the request of the gen- (d) N Diversion Dam and South Fork Little Butte tleman from Utah? TION QUOTA ALLOCATION PRACTICE.—The Creek Diversion Dam in the Rogue River There was no objection. Northwest Atlantic Fisheries Convention basin, Oregon, if the Secretary determines in The Clerk read the bill, as follows: Act of 1995 (16 U.S.C. 201 et seq.) is further amended by adding at the end the following: writing that these facilities will enhance the H.R. 3461 fish recovery efforts currently underway at ‘‘SEC. 213. QUOTA ALLOCATION PRACTICE. Be it enacted by the Senate and House of Rep- the Rogue River Basin Project, Oregon. ‘‘(a) IN GENERAL.—The Secretary of Com- resentatives of the United States of America in (h) LIMITATION ON STATUTORY CONSTRUC- merce, acting through the Secretary of Congress assembled, TION.—Nothing in this Act shall be construed State, shall promptly seek to establish a new to abrogate or affect any obligation of the SECTION 1. GOVERNING INTERNATIONAL FISH- practice for allocating quotas under the Con- United States under section 120(h) of the ERY AGREEMENT WITH POLAND. vention that— Comprehensive Environmental Response, Notwithstanding section 203 of the Magnu- ‘‘(1) is predictable and transparent; Compensation, and Liability Act of 1980 (42 son-Stevens Fishery Conservation and Man- ‘‘(2) provides fishing opportunities for all agement Act (16 U.S.C. 1823), the governing U.S.C. 9620(h)). members of the Organization; and international fishery agreement between the SEC. 702. DICKENSON, NORTH DAKOTA. ‘‘(3) is consistent with the Straddling Fish Government of the United States of America The Secretary of the Interior shall waive Stocks Agreement. and the Government of the Republic of Po- the scheduled annual payments for fiscal ‘‘(b) REPORT.—The Secretary of Commerce land, as contained in the message to Con- years 1998 and 1999 under section 208 of the shall include in annual reports under section gress from the President of the United Energy and Water Development Appropria- 212— States dated February 5, 1998, is approved as tions Act, 1988 (Public Law 100-202; 101 Stat. ‘‘(1) a description of the results of negotia- a governing international fishery agreement 1329-118). tions held pursuant to subsection (a); for the purposes of such Act and shall enter ‘‘(2) an identification of barriers to achiev- Mr. HANSEN (during the reading). into force and effect with respect to the ing such a new allocation practice; and Madam Speaker, I ask unanimous con- United States on the date of enactment of ‘‘(3) recommendations for any further leg- sent that the amendment in the nature this Act. islation that is necessary to achieve such a of a substitute be considered as read AMENDMENT IN THE NATURE OF A SUBSTITUTE new practice. OFFERED BY MR. HANSEN and printed in the RECORD. ‘‘(c) DEFINITION.—In this section the term The SPEAKER pro tempore. Is there Mr. HANSEN. Madam Speaker, I ‘Straddling Fish Stocks Agreement’ means objection to the request of the gen- offer an amendment in the nature of a the United Nations Agreement for the Imple- tleman from Utah? substitute. mentation of the Provisions of the United October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10595 Nations Convention on the Law of the Sea of that is not registered under the laws of that (4) ensure comprehensive geographic cov- 10 December 1982 Relating to the Conserva- State, except a law regulating landings. erage of hydrographic services, in cooperation and Management of Straddling Fish (d) STATE PERMIT OR TREATY RIGHT RE- tion with other appropriate Federal agen- Stocks and Highly Migratory Fish Stocks.’’. QUIRED.—No vessel may harvest or process cies; SEC. 202. REAUTHORIZATION OF THE ATLANTIC Dungeness crab in the exclusive economic (5) maintain a national database of hydro- TUNAS CONVENTION ACT OF 1975. zone adjacent to the State of Washington, graphic data, in cooperation with other ap- (a) REAUTHORIZATION.—Section 10(4) of the Oregon, or California, except as authorized propriate Federal agencies; Atlantic Tunas Convention Act of 1975 (16 by a permit issued by any of those States or (6) provide hydrographic services in uni- U.S.C. 971h(4)) is amended by striking ‘‘For pursuant to any tribal treaty rights to Dun- form, easily accessible formats; fiscal year 1998,’’ and inserting ‘‘For each of geness crab pursuant to the decision in (7) participate in the development of, and fiscal years 1998, 1999, 2000, and 2001,’’. United States v. Washington, D.C. No. CV– implement for the United States in coopera- (b) MISCELLANEOUS TECHNICAL AMEND- 70–09213. tion with other appropriate Federal agen- MENTS.—(1) The Atlantic Tunas Convention (e) STATE AUTHORITY OTHERWISE PRE- cies, international standards for hydro- Act of 1975 is further amended— SERVED.—Except as expressly provided in graphic data and hydrographic services; and (A) in section 2 (16 U.S.C. 971), by redesig- this section, nothing in this section reduces (8) to the greatest extent practicable and nating the second paragraph (4) as paragraph the authority of any State under the Magnu- cost-effective, fulfill the requirements of (5); son-Stevens Fishery Conservation and Man- paragraphs (1) and (6) through contracts or (B) in section 5(b) (16 U.S.C. 971c(b)), by agement Act (16 U.S.C. 1801 et seq.) to regu- other agreements with private sector enti- striking ‘‘fisheries zone’’ and inserting ‘‘ex- late fishing, fish processing, or landing of ties. clusive economic zone’’; fish. (b) AUTHORITIES.—To fulfill the data gath- (C) in section 6(c)(6) (16 U.S.C. 971d(c)(6))— (f) TERMINATION OF AUTHORITY.—The au- ering and dissemination duties of the Admin- (i) by designating the last sentence as sub- thority of the States of Washington, Oregon, istration under the Act of 1947, and subject paragraph (B), and by indenting the first line and California under this section with re- to the availability of appropriations, the Ad- thereof; and spect to a Dungeness crab fishery shall ex- ministrator— (ii) in subparagraph (A)(iii), by striking pire on the effective date of a fishery man- (1) may procure, lease, evaluate, test, de- ‘‘subparagraph (A)’’ and inserting ‘‘clause agement plan for the fishery under the Mag- velop, and operate vessels, equipment, and (i)’’; nuson-Stevens Fishery Conservation and technologies necessary to ensure safe navi- (D) by redesignating the first section 11 (16 Management Act. gation and maintain operational expertise in U.S.C. 971 note) as section 13, and moving (g) REPEAL.—Section 112(d) of Public Law hydrographic data acquisition and hydro- that section so as to appear after section 12 104–297 (16 U.S.C. 1856 note) is repealed. graphic services; of that Act; (h) DEFINITIONS.—The definitions set forth (2) may enter into contracts and other (E) by amending the style of the heading in section 3 of the Magnuson-Stevens Fish- agreements with qualified entities, consist- and designation for each of sections 11 and 12 ery Conservation and Management Act (16 ent with subsection (a)(8), for the acquisition so as to conform to the style of the headings U.S.C. 1802) shall apply to this section. of hydrographic data and the provision of hy- and designations of the other sections of (i) SUNSET.—This section shall have no drographic services; that Act; and force or effect on and after September 30, (3) shall award contracts for the acquisi- (F) by striking ‘‘Magnuson Fishery’’ each 2001. tion of hydrographic data in accordance with place it appears and inserting ‘‘Magnuson- TITLE III—NOAA HYDROGRAPHIC title IX of the Federal Property and Admin- Stevens Fishery’’. SERVICES istrative Services Act of 1949 (40 U.S.C. 541 et (2) Section 3(b)(3)(B) of the Act of Septem- SEC. 301. SHORT TITLE. seq.); and ber 4, 1980 (Public Law 96–339; 16 U.S.C. This title may be cited as the ‘‘Hydro- (4) may design and install where appro- 971i(b)(3)(B)), is amended by inserting ‘‘of graphic Services Improvement Act of 1998’’. priate Physical Oceanographic Real-Time 1975’’ after ‘‘Act’’. SEC. 302. DEFINITIONS. Systems to enhance navigation safety and SEC. 203. AUTHORITY OF STATES OF WASHING- In this title: efficiency. TON, OREGON, AND CALIFORNIA TO (1) ADMINISTRATOR.—The term ‘‘Adminis- SEC. 304. QUALITY ASSURANCE PROGRAM. MANAGE DUNGENESS CRAB FISH- trator’’ means the Administrator of the Na- (a) DEFINITION.—For purposes of this sec- ERY. tion, the term ‘‘hydrographic product’’ (a) IN GENERAL.—Subject to the provisions tional Oceanic and Atmospheric Administra- tion. means any publicly or commercially avail- of this section and notwithstanding section able product produced by a non-Federal en- (2) ADMINISTRATION.—The term ‘‘Adminis- 306(a) of the Magnuson-Stevens Fishery Con- tity that includes or displays hydrographic tration’’ means the National Oceanic and At- servation and Management Act (16 U.S.C. data. mospheric Administration. 1856(a)), each of the States of Washington, (b) PROGRAM.— (3) HYDROGRAPHIC DATA.—The term ‘‘hydro- Oregon, and California may adopt and en- (1) IN GENERAL.—The Administrator may— force State laws and regulations governing graphic data’’ means information acquired (A) develop and implement a quality assur- fishing and processing in the exclusive eco- through hydrographic or bathymetric surance program that is equally available to all nomic zone adjacent to that State in any veying, photogrammetry, geodetic measure- applicants, under which the Administrator Dungeness crab (Cancer magister) fishery for ments, tide and current observations, or may certify hydrographic products that sat- which there is no fishery management plan other methods, that is used in providing hy- isfy the standards promulgated by the Ad- in effect under that Act. drographic services. ministrator under section 303(a)(3); (b) REQUIREMENTS FOR STATE MANAGE- (4) HYDROGRAPHIC SERVICES.—The term (B) authorize the use of the emblem or any MENT.—Any law or regulation adopted by a ‘‘hydrographic services’’ means— trademark of the Administration on a hydro- State under this section for a Dungeness (A) the management, maintenance, inter- graphic product certified under subparagraph crab fishery— pretation, certification, and dissemination of (A); and (1) except as provided in paragraph (2), bathymetric, hydrographic, geodetic, and (C) charge a fee for such certification and shall apply equally to vessels engaged in the tide and current information, including the use. production of nautical charts, nautical infor- fishery in the exclusive economic zone and (2) LIMITATION ON FEE AMOUNT.—Any fee vessels engaged in the fishery in the waters mation databases, and other products de- under paragraph (1)(C) shall not exceed the of the State, and without regard to the State rived from hydrographic data; costs of conducting the quality assurance that issued the permit under which a vessel (B) the development of nautical informa- testing, evaluation, or studies necessary to is operating; tion systems; and determine whether the hydrographic product (2) shall not apply to any fishing by a ves- (C) related activities. satisfies the standards adopted under section sel in exercise of tribal treaty rights except (5) ACT OF 1947.—The term ‘‘Act of 1947’’ 303(a)(3), including the cost of administering as provide in United States v. Washington, means the Act entitled ‘‘An Act to define the such a program. D.C. No. CV–70–09213, United States District functions and duties of the Coast and Geo- (c) LIMITATION ON LIABILITY.—The Govern- Court for the Western District of Washing- detic Survey, and for other purposes’’, ap- ment of the United States shall not be liable ton; and proved August 6, 1947 (33 U.S.C. 883a et seq.). for any negligence by a person that produces (3) shall include any provisions necessary SEC. 303. FUNCTIONS OF THE ADMINISTRATOR. hydrographic products certified under this to implement tribal treaty rights pursuant (a) RESPONSIBILITIES.—To fulfill the data section. to the decision in United States v. Washing- gathering and dissemination duties of the (d) HYDROGRAPHIC SERVICES ACCOUNT.— ton, D.C. No. CV–70–09213. Administration under the Act of 1947, the (1) ESTABLISHMENT.—There is established (c) LIMITATION ON ENFORCEMENT OF STATE Administrator shall— in the Treasury a separate account, which LIMITED ACCESS SYSTEMS.—Any law of the (1) acquire and disseminate hydrographic shall be known as the Hydrographic Services State of Washington, Oregon, or California data; Account. that establishes or implements a limited ac- (2) promulgate standards for hydrographic (2) CONTENT.—The account shall consist cess system for a Dungeness crab fishery data used by the Administration in providing of— may not be enforced against a vessel that is hydrographic services; (A) amounts received by the United States otherwise legally fishing in the exclusive (3) promulgate standards for hydrographic as fees charged under subsection (b)(1)(C); economic zone adjacent to that State and services provided by the Administration; and H10596 CONGRESSIONAL RECORD — HOUSE October 12, 1998

(B) such other amounts as may be provided (d) UNITED STATES IMPLEMENTATION OF and hydrographic data and information on a by law. ELECTRONIC NAUTICAL CHARTS.—Not later continuing basis; (3) USE.—Amounts in the account shall be than 6 months after the date of enactment of ‘‘(C) the need for effective and safe oper- available to the Administrator, without fur- this Act, the Administrator shall report to ation of the Administration’s fisheries, hy- ther appropriation, for hydrographic serv- the Congress on the status of implementa- drographic and oceanographic vessels; ices. tion by the United States of electronic nau- ‘‘(D) the need for effective management of (e) LIMITATION ON NEW FEES AND INCREASES tical charts. The report shall address, at a the commissioned Corps; and IN EXISTING FEES FOR HYDROGRAPHIC SERV- minimum— ‘‘(E) the protection of the interests of tax- ICES.—After the date of the enactment of (1) the role of the private sector, and the payers. this Act, the Administrator may not— potential for the Administration to employ ‘‘(3) At least 90 days before beginning any (1) establish any fee or other charge for the partnerships or other arrangements with the reduction as described in paragraph (2), the provision of any hydrographic service except private sector, in domestic and international Administrator shall provide notice of such as authorized by this section; or development and implementation of elec- reduction to the Committee on Commerce, (2) increase the amount of any fee or other tronic nautical chart technology; Science, and Transportation of the Senate charge for the provision of any hydrographic (2) the effects of private sector participa- and the Committees on Resources of the service except as authorized by this section tion in the development and implementation House of Representatives.’’. and section 1307 of title 44, United States of electronic nautical chart technology on (b) OFFICER RESPONSIBLE FOR COMMIS- Code. public safety and the continued ability of the SIONED OFFICERS AND VESSEL FLEET.—Sec- SEC. 305. REPORTS. Federal Government to assume liability for tion 24(a) of the Coast and Geodetic Survey United States nautical charts; and (a) PHOTOGRAMMETRY AND REMOTE SENS- Commissioned Officers’ Act of 1948 (33 U.S.C. (3) the range of alternative means by which ING.— 853u(a)) is amended by inserting ‘‘One such the Administration can effectively and effi- (1) IN GENERAL.—Not later than 6 months position shall be appointed from the officers ciently make electronic nautical chart data after the date of enactment of this Act, the on the active duty promotion list serving in available to the private sector and the gen- Administrator shall report to the Congress or above the grade of captain, and who shall eral public, including an evaluation of rel- on a plan to increase, consistent with this be responsible for administration of the com- ative costs and advantages or disadvantages title, contracting with the private sector for missioned officers, and for oversight of the of each such alternative. photogrammetric and remote sensing serv- operation of the vessel fleet, of the Adminis- ices related to hydrographic data acquisition SEC. 306. AUTHORIZATION OF APPROPRIATIONS. tration.’’ before ‘‘An officer’’. or hydrographic services. In preparing the There is authorized to be appropriated to (c) RELIEF FROM MORATORIUM ON NEW AP- report, the Administrator shall consult with the Administrator the following: POINTMENTS.—The Secretary of Commerce private sector entities knowledgeable in pho- (1) To carry out nautical mapping and immediately shall terminate the morato- togrammetry and remote sensing. charting functions under the Act of 1947 and rium on new appointments of commissioned sections 303 and 304, except for conducting (2) CONTENTS.—The report shall include the officers to the National Oceanic and Atmos- following: hydrographic surveys, $33,000,000 for fiscal pheric Administration Corps. (A) An assessment of which of the photo- year 1999, $34,000,000 for fiscal year 2000, TITLE IV—NORTHWEST STRAITS MARINE grammetric and remote sensing services re- $35,000,000 for fiscal year 2001, and $36,000,000 CONSERVATION INITIATIVE for fiscal year 2002. lated to hydrographic data acquisition or hy- SEC. 401. SHORT TITLE. drographic services performed by the Na- (2) To conduct hydrographic surveys under section 303(a)(1), including leasing of ships, This title may be cited as the ‘‘Northwest tional Ocean Service can be performed ade- Straits Marine Conservation Initiative Act’’. quately by private-sector entities. $33,000,000 for fiscal year 1999, $35,000,000 for SEC. 402. ESTABLISHMENT. (B) An evaluation of the relative cost-ef- fiscal year 2000, $37,000,000 for fiscal year There is established a commission to be fectiveness of the Federal Government and 2001, and $39,000,000 for fiscal year 2002. Of known as the Northwest Straits Advisory private-sector entities in performing those these amounts, no more than $15,000,000 is Commission (in this title referred to as the services. authorized for any one fiscal year to operate ‘‘Commission’’). (C) A plan for increasing the use of con- hydrographic survey vessels owned and oper- tracts with private-sector entities in per- ated by the Administration. SEC. 403. ORGANIZATION AND OPERATION. forming those services, with the goal of ob- (3) To carry out geodetic functions under The Commission shall be organized and op- taining performance of 50 percent of those the Act of 1947, $20,000,000 for fiscal year 1999, erated in accordance with the provisions of services through contracts with private-sec- and $22,000,000 for each of fiscal years 2000, the Northwest Straits Citizen’s Advisory tor entities by fiscal year 2003. 2001, and 2002. Commission Report of August 20, 1998, on file (4) To carry out tide and current measure- (b) PORTS.—Not later than 6 months after with the Secretary of Commerce (in this the date of enactment of this Act, the Ad- ment functions under the Act of 1947, title referred to as the ‘‘Report’’). ministrator and the Commandant of the $22,500,000 for each of fiscal years 1999 SEC. 404. FUNDING. through 2002. Of these amounts, $3,500,000 is Coast Guard shall report to the Congress (a) IN GENERAL.—The Secretary of Com- on— authorized for each fiscal year to implement merce may, from amounts available to the (1) the status of implementation of real- and operate a national quality control sys- Secretary to carry out the work of the Com- time tide and current data systems in United tem for real-time tide and current data, and mission, provide assistance for use in accord- States ports; $7,250,000 is authorized for each fiscal year to ance with the Report and the priorities of (2) existing safety and efficiency needs in design and install real-time tide and current the Commission— United States ports that could be met by in- data measurement systems under section (1) to collect marine resources data in the creased use of those systems; and 303(b)(4). Northwest Straits; (3) a plan for expanding those systems to SEC. 307. AUTHORIZED NUMBER OF NOAA CORPS (2) to coordinate Federal, state and local COMMISSIONED OFFICERS. meet those needs, including an estimate of marine resources protection and restoration (a) AUTHORIZED NUMBER.—Section 2 of the the cost of implementing those systems in activities in the Northwest Straits; and Coast and Geodetic Survey Commissioned priority locations. (3) to carry out other activities identified Officers’ Act of 1948 (33 U.S.C. 853a) is amend- in the Report as important to the protection (c) MAINTAINING FEDERAL EXPERTISE IN HY- ed— and restoration of marine resources in the DROGRAPHIC SERVICES.— (1) by redesignating subsections (a) Northwest Straits. (1) IN GENERAL.—Not later than 6 months through (e) as subsections (b) through (f), re- (b) PROVISION.—The Secretary may provide after the date of enactment of this Act, the spectively; and the assistance authorized by subsection (a) Administrator shall report to the Congress (2) by inserting before subsection (b), as re- through the Director of the Padilla Bay Na- on a plan to ensure that Federal competence designated, the following: and expertise in hydrographic surveying will ‘‘(a)(1) Except as provided as in paragraph tional Estuarine Research Reserve, unless be maintained after the decommissioning of (2), there are authorized to be not less than the Governor of the State of Washington ob- the 3 existing Administration hydrographic 264 and not more than 299 commissioned offi- jects. If the Governor objects, then the Sec- survey vessels. cers on the active list of the National Oce- retary may provide the assistance though (2) CONTENTS.—The report shall include— anic and Atmospheric Administration for fis- the Administrator of the National Oceanic (A) an evaluation of the seagoing capacity, cal years 1999, 2000, 2001, 2002, and 2003. and Atmospheric Administration. personnel, and equipment necessary to main- ‘‘(2) The Administrator may reduce the SEC. 405. LIMITATION. tain Federal expertise in hydrographic serv- number of commissioned officers on the ac- Nothing in this title provides the Commis- ices; tive list below 264 if the Administrator deter- sion with the authority to implement any (B) an estimated schedule for decommis- mines that it is appropriate, taking into con- Federal law or regulation. sioning the 3 existing survey vessels; sideration— Mr. HANSEN (during the reading). (C) a plan to maintain Federal expertise in ‘‘(A) the number of billets on the fisheries, hydrographic services after the decommis- hydrographic, and oceanographic vessels Madam Speaker, I ask unanimous con- sioning of these vessels; and owned and operated by the Administration; sent that the amendment in the nature (D) an estimate of the cost of carrying out ‘‘(B) the need of the Administration to col- of a substitute be considered as read this plan. lect high-quality oceanographic, fisheries, and printed in the RECORD. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10597 The SPEAKER pro tempore. Is there zens convening from various view points, roll- A motion to reconsider was laid on objection to the request of the gen- ing up their sleeves, and doing the work of en- the table. tleman from Utah? vironmental protection around the beautiful f There was no objection. San Juan Islands. FALL RIVER WATER USERS DIS- Mr. MILLER of California. Madam Speaker, And that model of cooperation, communica- TRICT RURAL WATER SYSTEM I rise in support of the bill. tion, and working together, had to be the point ACT OF 1998 H.R. 3461 consolidates numerous fisheries of departure for our task of better protecting and marine conservation bills that have been the magnificent northern Puget Sound. The Mr. HANSEN. Madam Speaker, I ask passed by the Resources Committee and, in Northwest Straits Marine Conservation Initia- unanimous consent that the Commit- many cases, the full House without con- tive Act centers on the formation of seven tee on Resources be discharged from troversy. MRC's, one from each county affected, and further consideration of the Senate bill It includes a number of fisheries bills that would in turn participate in a regional panel, (S. 744) to authorize the construction of will improve fisheries management and con- which would focus on scientific priorities, and the Fall River Water Users District servation on both the east and west coasts. It coordinate research and educational activities Rural Water System and authorize fi- includes a provision to create a public private throughout the region. The commission would nancial assistance to the Fall River partnership to improve the quality of our Na- be composed of local, State, and tribal ap- Water Users District, a nonprofit cor- tion's nautical charts, and in turn improve the pointees, and would hold no regulatory power. poration, in the planning and construc- safety of navigation and marine environmental There are a number of benchmarks for spe- tion of the water supply system, and protection. It also includes a provision to help cific performance in the legislation that will be for other purposes, and ask for its im- local communities in the Puget Sound improve used as goals, including establishment of ma- mediate consideration in the House. the conservation of their marine resources. rine protected areas, restoration of habitat, The Clerk read the title of the Senate In closing, this is a good bill that is sup- and reopening of areas for shellfish harvest, bill. ported by Members from both sides of the among others. The Northwest Straits Commis- The SPEAKER pro tempore. Is there aisle, and I am pleased to support its passage sion and MRC's would be required to prepare objection to the request of the gen- today. annual reports for public review, culminating in tleman from Utah? Mr. METCALF. Madam Speaker, I rise an extensive independent scientific review There was no objection. today in support of this legislation, which in- after five years. The Commission's work will The Clerk read the Senate bill, as fol- cludes the Northwest Straits Marine Conserva- continue only if it is apparent its work is mak- lows: tion Initiative Act. This act is a bottom up, local ing a difference. S. 744 control approach to managing and protecting So I applaud the grassroots, ``bottom-up'' Be it enacted by the Senate and House of Rep- the waters of northern Puget Sound. approach adopted by the Commission in its resentatives of the United States of America in I would like to thank Chairman, YOUNG, report. I also salute the commitment of NOAA, Congress assembled, Chairman SAXTON, and Mr. MILLER, and their the Puget Sound Water Quality Action Team, SECTION 1. SHORT TITLE. staffs for their cooperation and assistance, tribal governments, and other State and Fed- This Act may be cited as the ‘‘Fall River and I appreciate their efforts in bringing this eral agencies to work with the Northwest Water Users District Rural Water System landmark legislation to the floor. Straits Advisory CommissionÐto highlight the Act of 1998’’. I introduced legislation authorizing this act problems of this region, help focus and coordi- SEC. 2. FINDINGS AND PURPOSES. which reflects genuine cooperation between nate scientific research, and to better use the (a) FINDINGS.—Congress finds that— stakeholders spanning the spectrum of inter- authority already existent to save this treasure (1) there are insufficient water supplies of reasonable quality available to the members ests. Senator MURRAY has also introduced for our grandchildren. identical legislation in the U.S. Senate. This of the Fall River Water Users District Rural Finally, I want to thank each one of the Water System located in Fall River County, act represents citizen involvement, strong sup- commission members who gave so much time South Dakota, and the water supplies that port from State, local, and the Federal Gov- out of their busy lives to make this happen, as are available are of poor quality and do not ernment; bipartisanship; and conservationists well as all the specialists, technical support meet minimum health and safety standards, working constructively with industry and prop- people, and local government officials who thereby posing a threat to public health and erty rights advocatesÐI think this symbolizes made themselves available for this endeavor. safety; an achievement of something not-much-short The members of the Northwest Marine Straits (2) past cycles of severe drought in the of a miracle. Commission include: Kathy FletcherÐPeople southeastern area of Fall River County have I welcomed the opportunity to form the left residents without a satisfactory water for the Puget Sound, Harry HutchinsonÐ supply, and, during 1990, many home owners Northwest Straits Advisory Commission with Steamship Operators, Don CharnleyÐformer and ranchers were forced to haul water to Senator PATTY MURRAY, and I am very State Senator, Dr. David FluhartyÐU.W. sustain their water needs; pleased with the spirit of cooperation that has School of Fisheries, Doug ScottÐFriends of (3) because of the poor quality of water led to producing this act. This legislation will the San Juans, Brian CalvertÐChair, San supplies, most members of the Fall River help reverse the degradation of the marine Juan County Marine Resource Council, Dr. Water Users District are forced to either ecosystem of the Northwest Straits by encour- Dennis WillowsÐU.W. Friday Harbor Lab., Jim haul bottled water for human consumption aging and supporting the concerns, initiative, DarlingÐExecutive Director, Port of Bel- or use distillers; and capabilities of the people of the Puget (4) the Fall River Water Users District lingham, Cheryl HymesÐformer State Legisla- Rural Water System has been recognized by Sound and their local governments. It will also tor, Terry WilliamsÐTulalip Tribes Natural Re- the State of South Dakota; and foster improved resource protection, preserva- sources, Don HopkinsÐPort Commissioner, (5) the best available, reliable, and safe tion of commercial values and diverse ways of Port of Everett and the Longshoremen union, rural and municipal water supply to serve life. This will happen with the full cooperation Mac McDowellÐIsland County Commissioner, the needs of the Fall River Water Users Dis- of tribes, additional research, education, and Andy Palmer, Jefferson County conservation- trict Rural Water System members consists interpretation and maximum cooperation by all istÐformerly Center for Marine Conservation, of a Madison Aquifer well, 3 separate water Federal agencies along with State and local Dwain ColbyÐformer Island County Commis- storage reservoirs, 3 pumping stations, and governments. approximately 200 miles of pipeline. sioner, and Phil KitchellÐClallam County (b) PURPOSES.—The purposes of this Act For years, the debate over the National Ma- Commissioner. I urge support for this act, a are— rine Sanctuary in Puget Sound was conducted truly bipartisan, local consensus approach to (1) to ensure a safe and adequate munici- with growing acrimony. In fact, the public dis- protecting a national environmental treasure. pal, rural, and industrial water supply for course nearly broke down altogether. I was The amendment in the nature of a the members of the Fall River Water Users happy to share with Senator MURRAY appre- substitute was agreed to. District Rural Water System in Fall River ciation for another model, the San Juan Coun- The bill was ordered to be engrossed County, South Dakota; ty Marine Resource Committee, (MRC). The and read a third time, was read the (2) to assist the members of the Fall River San Juan MRC is a citizen group empowered third time, and passed. Water Users District in developing safe and The title was amended so as to read: adequate municipal, rural, and industrial by that county to increase voluntary environ- water supplies; and mental protections, focus public attention on ‘‘A bill to approve a governing inter- (3) to promote the implementation of marine issues, and to aid in coordination of national fishery agreement between water conservation programs by the Fall existing agencies with jurisdiction in the area. the United States and the Republic of River Water Users District Rural Water Sys- The San Juan MRC is an example of local citi- Poland, and for other purposes.’’ tem. H10598 CONGRESSIONAL RECORD — HOUSE October 12, 1998 SEC. 3. DEFINITIONS. ning May 1 and ending October 31 of each Bureau of Reclamation may provide con- In this Act: year. struction oversight to the water supply sys- (1) ENGINEERING REPORT.—The term ‘‘engi- (b) CONDITIONS.—The capacity and energy tem for areas of the water supply system. neering report’’ means the study entitled described in subsection (a) shall be made (b) PROJECT OVERSIGHT ADMINISTRATION.— ‘‘Supplemental Preliminary Engineering Re- available on the following conditions: The amount of funds used by the Secretary port for Fall River Water Users District’’ (1) The water supply system shall be oper- for planning and construction of the water published in August 1995. ated on a not-for-profit basis. supply system may not exceed an amount (2) PROJECT CONSTRUCTION BUDGET.—The (2) The water supply system shall contract equal to 3 percent of the amount provided in term ‘‘project construction budget’’ means to purchase its entire electric service re- the total project construction budget for the the description of the total amount of funds quirements, including the capacity and en- portion of the project to be constructed in that are needed for the construction of the ergy made available under subsection (a), Fall River County, South Dakota. from a qualified preference power supplier water supply system, as described in the en- SEC. 12. AUTHORIZATION OF APPROPRIATIONS. that itself purchases power from the Western gineering report. There are authorized to be appropriated— Area Power Administration. (3) PUMPING AND INCIDENTAL OPERATIONAL (1) $3,600,000 for the planning and construc- (3) The rate schedule applicable to the ca- REQUIREMENTS.—The term ‘‘pumping and in- tion of the water system under section 4; and cidental operational requirements’’ means pacity and energy made available under subsection (a) shall be the firm power rate (2) such sums as are necessary to defray in- all power requirements that are incidental to creases in development costs reflected in ap- the operation of intake facilities, pumping schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration propriate engineering cost indices after Au- stations, water treatment facilities, cooling gust 1, 1995. facilities, reservoirs, and pipelines to the in effect when the power is delivered by the point of delivery of water by the Fall River Administration. The Senate bill was ordered to be Water Users District Rural Water System to (4) It shall be agreed by contract among— read a third time, was read the third each entity that distributes water at retail (A) the Western Area Power Administra- time, and passed, and a motion to re- to individual users. tion; consider was laid on the table. (B) the power supplier with which the (4) SECRETARY.—The term ‘‘Secretary’’ f means the Secretary of Agriculture. water supply system contracts under paragraph (2); (5) WATER SUPPLY SYSTEM.—The term OREGON PUBLIC LANDS TRANS- ‘‘water supply system’’ means the Fall River (C) the power supplier of the entity described in subparagraph (B); and FER AND PROTECTION ACT OF Water Users District Rural Water System, a (D) the Fall River Water Users District; 1998 nonprofit corporation, established and oper- that in the case of the capacity and energy ated substantially in accordance with the en- Mr. HANSEN. Madam Speaker, I ask made available under subsection (a), the ben- gineering report. unanimous consent to take from the efit of the rate schedule described in para- SEC. 4. FEDERAL ASSISTANCE FOR WATER SUP- graph (3) shall be passed through to the Speaker’s table the bill (H.R. 4326) to PLY SYSTEM. water supply system, except that the power transfer administrative jurisdiction (a) IN GENERAL.—The Secretary shall make supplier of the water supply system shall not over certain Federal lands located grants to the water supply system for the be precluded from including, in the charges within or adjacent to the Rogue River Federal share of the costs of the planning of the supplier to the water system for the and construction of the water supply system. National Forest and to clarify the au- electric service, the other usual and cus- thority of the Bureau of Land Manage- (b) SERVICE AREA.—The water supply sys- tomary charges of the supplier. tem shall provide for safe and adequate mu- ment to sell and exchange other Fed- SEC. 7. NO LIMITATION ON WATER PROJECTS IN nicipal, rural, and industrial water supplies, STATE. eral lands in Oregon, and ask for its mitigation of wetlands areas, and water con- This Act does not limit the authorization immediate consideration in the House. servation within the boundaries of the Fall for water projects in South Dakota under The Clerk read the title of the bill. River Water Users District, described as fol- law in effect on or after the date of enact- The SPEAKER pro tempore. Is there lows: bounded on the north by the Angostura ment of this Act. objection to the request of the gen- Reservoir, the Cheyenne River, and the line SEC. 8. WATER RIGHTS. between Fall River and Custer Counties, tleman from Utah? Nothing in this Act— There was no objection. bounded on the east by the line between Fall (1) invalidates or preempts State water law River and Shannon Counties, bounded on the or an interstate compact governing water; The Clerk read the bill, as follows: south by the line between South Dakota and (2) alters the rights of any State to any ap- H.R. 4326 Nebraska, and bounded on the west by the propriated share of the waters of any body of Be it enacted by the Senate and House of Rep- Igloo-Provo Water Project District. surface or ground water, whether determined resentatives of the United States of America in (c) AMOUNT OF GRANTS.—Grants made by past or future interstate compacts or by Congress assembled, available under subsection (a) to the water past or future legislative or final judicial al- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. supply system shall not exceed the Federal locations; (a) SHORT TITLE.—This Act may be cited as share under section 9. (3) preempts or modifies any Federal or the ‘‘Oregon Public Lands Transfer and Pro- (d) LIMITATION ON AVAILABILITY OF CON- State law, or interstate compact, dealing tection Act of 1998’’. STRUCTION FUNDS.—The Secretary shall not with water quality or disposal; or (b) TABLE OF CONTENTS.—The table of con- obligate funds for the construction of the (4) confers on any non-Federal entity the tents of this Act is as follows: water supply system until— ability to exercise any Federal right to the (1) the requirements of the National Envi- waters of any stream or to any ground water Sec. 1. Short title; table of contents. ronmental Policy Act of 1969 (42 U.S.C. 4321 resource. TITLE I—ROGUE RIVER NATIONAL et seq.) are met with respect to the water SEC. 9. FEDERAL SHARE. FOREST TRANSFERS supply system; and The Federal share under section 4 shall be Sec. 101. Land transfers involving Rogue (2) a final engineering report and plan for 70 percent of— River National Forest and a water conservation program have been pre- (1) the amount allocated in the total other public lands in Oregon. pared and submitted to Congress for a period project construction budget for the planning of not less than 90 days before the com- TITLE II—PROTECTION OF OREGON AND and construction of the water supply system CALIFORNIA RAILROAD GRANT LANDS mencement of construction of the system. under section 4; and SEC. 5. MITIGATION OF FISH AND WILDLIFE (2) such sums as are necessary to defray in- Sec. 201. Definitions. LOSSES. creases in development costs reflected in ap- Sec. 202. No net loss of O&C lands, CBWR Mitigation of fish and wildlife losses in- propriate engineering cost indices after Au- lands, and public domain lands. curred as a result of the construction and op- gust 1, 1995. Sec. 203. Modifications to sales authority. eration of the water supply system shall be SEC. 10. NON-FEDERAL SHARE. Sec. 204. Modifications to exchange author- on an acre-for-acre basis, based on ecological The non-Federal share under section 4 ity. equivalency, concurrent with project con- shall be 30 percent of— Sec. 205. Administration of lands acquired in struction, as provided in the engineering re- (1) the amount allocated in the total geographic area; redesignation port. project construction budget for the planning of public domain lands. SEC. 6. USE OF PICK-SLOAN POWER. and construction of the water supply system Sec. 206. Relationship to Umpqua land exchange authority. (a) IN GENERAL.—From power designated under section 4; and for future irrigation and drainage pumping (2) such sums as are necessary to defray in- TITLE I—ROGUE RIVER NATIONAL for the Pick-Sloan Missouri River Basin Pro- creases in development costs reflected in ap- FOREST TRANSFERS gram, the Western Area Power Administra- propriate engineering cost indices after Au- SEC. 101. LAND TRANSFERS INVOLVING ROGUE tion shall make available the capacity and gust 1, 1995. RIVER NATIONAL FOREST AND energy required to meet the pumping and in- SEC. 11. CONSTRUCTION OVERSIGHT. OTHER PUBLIC LANDS IN OREGON. cidental operational requirements of the (a) AUTHORIZATION.—The Secretary of the (a) TRANSFER FROM PUBLIC DOMAIN TO NA- water supply system during the period begin- Interior, acting through the Director of the TIONAL FOREST.— October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10599

(1) LAND TRANSFER.—The public domain as the Weeks Law), and under the laws, SEC. 202. NO NET LOSS OF O&C LANDS, CBWR lands depicted on the map entitled ‘‘BLM/ rules, and regulations applicable to the Na- LANDS, AND PUBLIC DOMAIN LANDS. Rogue River N.F. Administrative Jurisdic- tional Forest System. In carrying out sales, purchases, and ex- tion Transfer’’ and dated April 28, 1998, con- (3) DISTRIBUTION OF RECEIPTS.—Notwith- changes of lands located in the geographic sisting of approximately 2,058 acres within standing the sixth paragraph under the head- area, the Secretary shall ensure that upon the external boundaries of Rogue River Na- ing ‘‘FOREST SERVICE’’ in the Act of May 23, the expiration of the 10-year period begin- tional Forest in the State of Oregon are 1908 and section 13 of the Act of March 1, 1911 ning on the date of the enactment of this hereby added to and made a part of Rogue (16 U.S.C. 500), revenues derived from the Act, and of each 10-year period thereafter, River National Forest. lands described in paragraph (1) shall be dis- the total number of acres of O&C lands and (2) ADMINISTRATIVE JURISDICTION.—Admin- tributed in accordance with the Act of Au- CBWR lands in the geographic area, and the istrative jurisdiction over the lands de- gust 28, 1937 (43 U.S.C. 1181a et seq.). total number of acres of O&C lands, CBWR scribed in paragraph (1) is hereby transferred (e) BOUNDARY ADJUSTMENT.—The bound- lands, and public domain lands in the geo- from the Secretary of the Interior to the aries of Rogue River National Forest are graphic area that are available for timber Secretary of Agriculture. Subject to valid hereby adjusted to encompass the lands harvesting, are not less than the number of existing rights, the Secretary of Agriculture transferred to the administrative jurisdic- acres of such lands on the date of the enact- shall manage such lands as part of Rogue tion of the Secretary of Agriculture under ment of this Act. River National Forest in accordance with this section and to exclude private property SEC. 203. MODIFICATIONS TO SALES AUTHORITY. the Act of March 1, 1911 (commonly known interests adjacent to the exterior boundaries (a) LIMITATION ON LANDS TO BE SOLD.— as the Weeks Law), and under the laws, of Rogue River National Forest, as depicted Notwithstanding any other sales authority rules, and regulations applicable to the Na- on the map entitled ‘‘Rogue River National of the Secretary, the Secretary may not sell tional Forest System. Forest Boundary Adjustment’’ and dated any O&C lands, CBWR lands, or public do- (b) TRANSFER FROM NATIONAL FOREST TO April 28, 1998. main lands within the geographic area that PUBLIC DOMAIN.— (f) MAPS.—Within 60 days after the date of are located within— (1) LAND TRANSFER.—The Federal lands de- (1) a congressionally designated wilderness picted on the map entitled ‘‘BLM/Rogue the enactment of this Act, the maps referred area; River N.F. Administrative Jurisdiction to in this section shall be available for pub- (2) the national wild and scenic river sys- Transfer’’ and dated April 28, 1998, consisting lic inspection in the office of the Chief of the of approximately 1,632 acres within the ex- Forest Service. tem; or ternal boundaries of Rogue River National (g) MISCELLANEOUS REQUIREMENTS.—As (3) an area designated by the Secretary Forest, are hereby transferred to unreserved soon as practicable after the date of the en- under the Federal Land Policy and Manage- public domain status, and their status as actment of this Act, the Secretary of the In- ment Act of 1976 (43 U.S.C. 1701 et seq.) to be part of Rogue River National Forest and the terior and the Secretary of Agriculture shall an area of critical environmental concern. National Forest System is hereby revoked. revise the public land records relating to the (b) PRICE; PROCEDURES.—Notwithstanding any other sales authority of the Secretary, (2) ADMINISTRATIVE JURISDICTION.—Admin- lands transferred under this section to re- istrative jurisdiction over the lands de- flect the administrative, boundary, and the Secretary shall make all sales of O&C scribed in paragraph (1) is hereby transferred other changes made by this section. The Sec- lands, CBWR lands, public domain lands from the Secretary of Agriculture to the retaries shall publish in the Federal Register within the geographic area— Secretary of the Interior. Subject to valid appropriate notice to the public of the (1) at a price that is not less than the fair existing rights, the Secretary of the Interior changes in administrative jurisdiction made market value of the lands sold, as deter- shall administer such lands under the laws, by this section with regard to lands de- mined by the Secretary; and rules, and regulations applicable to unre- scribed in this section. (2) by competitive public bidding, under served public domain lands. procedures established by the Secretary that TITLE II—PROTECTION OF OREGON AND ensure adequate notice to owners of land ad- (c) RESTORATION OF STATUS OF CERTAIN NA- CALIFORNIA RAILROAD GRANT LANDS TIONAL FOREST LANDS AS REVESTED RAIL- joining the land proposed for sale, to local ROAD GRANT LANDS.— SEC. 201. DEFINITIONS. governments in the vicinity of the land pro- (1) RESTORATION OF EARLIER STATUS.—The For purposes of this title: posed for sale, and to the State of Oregon. Federal lands depicted on the map entitled (1) O&C LANDS.—The term ‘‘O&C lands’’ SEC. 204. MODIFICATIONS TO EXCHANGE AU- ‘‘BLM/Rogue River N.F. Administrative Ju- means the lands that— THORITY. risdiction Transfer’’ and dated April 28, 1998, (A) revested in the United States under the (a) LIMITATION ON FEDERAL LANDS TO BE consisting of approximately 4,298 acres with- Act of June 9, 1916 (Chapter 137; 39 Stat. 218), EXCHANGED.—Notwithstanding any other ex- in the external boundaries of Rogue River commonly known as Oregon and California change authority of the Secretary, the Sec- National Forest, are hereby restored to the Railroad grant lands; and retary may not exchange out of Federal own- status of revested Oregon and California (B) are managed by the Secretary of the ership any O&C lands, CBWR lands, or public Railroad grant lands, and their status as Interior through the Bureau of Land Man- domain lands within the geographic area part of Rogue River National Forest and the agement under the Act of August 28, 1937 (43 that are located within— National Forest System is hereby revoked. U.S.C. 1181a et seq.). (1) a congressionally designated wilderness (2) ADMINISTRATIVE JURISDICTION.—Admin- (2) CBWR LANDS.—The term ‘‘CBWR lands’’ area; istrative jurisdiction over the lands de- means the lands that— (2) the national wild and scenic river sys- scribed in paragraph (1) is hereby transferred (A) were reconveyed to the United States tem; or from the Secretary of Agriculture to the under the Act of February 26, 1919 (Chapter (3) an area designated by the Secretary Secretary of the Interior. Subject to valid 47; 40 Stat. 1179), commonly known as Coos under the Federal Land Policy and Manage- existing rights, the Secretary of the Interior Bay Wagon Road grant lands; and ment Act of 1976 (43 U.S.C. 1701 et seq.) to be shall administer such lands under the Act of (B) are managed by the Secretary of the an area of critical environmental concern. August 28, 1937 (43 U.S.C. 1181a et seq.), and Interior through the Bureau of Land Man- (b) LIMITATION ON NON-FEDERAL LANDS AC- other laws, rules, and regulations applicable agement under the Act of August 28, 1937 (43 QUIRED.—Notwithstanding any other ex- to revested Oregon and California Railroad U.S.C. 1181a et seq.). change authority of the Secretary, all non- grant lands under the administrative juris- (3) PUBLIC DOMAIN LANDS.—The term ‘‘pub- Federal lands acquired by the Secretary in diction of the Secretary of the Interior. lic domain lands’’ has the meaning given the an exchange for O&C lands, CBWR lands, or (d) ADDITION OF CERTAIN REVESTED RAIL- term ‘‘public lands’’ in the Federal Land Pol- public domain lands within the geographic ROAD GRANT LANDS TO NATIONAL FOREST.— icy and Management Act of 1976 (43 U.S.C. area must be located within the geographic (1) LAND TRANSFER.—The revested Oregon 1701 et seq.), except that the term does not area. and California Railroad grant lands depicted include O&C lands and CBWR lands. (c) PROCEDURES.—The Secretary shall es- on the map entitled ‘‘BLM/Rogue River N.F. (4) GEOGRAPHIC AREA.—The term ‘‘geo- tablish procedures for exchanges out of Fed- Administrative Jurisdiction Transfer’’ and graphic area’’ means all lands in the State of eral ownership of O&C lands, CBWR lands, dated April 28, 1998, consisting of approxi- Oregon located within the boundaries of the and public domain lands within the geo- mately 960 acres within the external bound- Bureau of Land Management’s Medford Dis- graphic area, including— aries of Rogue River National Forest, are trict, Roseburg District, Eugene District, (1) procedures for valuing the lands ex- hereby added to and made a part of Rogue Salem District, Coos Bay District, and Klam- changed; and River National Forest. ath Resource Area of the Lakeview District, (2) procedures that ensure adequate notice (2) ADMINISTRATIVE JURISDICTION.—Admin- as those districts and that resource area of proposed exchanges to local governments istrative jurisdiction over the lands de- were constituted on January 1, 1998. in the vicinity of all lands to be exchanged scribed in paragraph (1) is hereby transferred (5) SECRETARY.—The term ‘‘Secretary’’ and to the State of Oregon. from the Secretary of the Interior to the means the Secretary of the Interior. (d) REQUIREMENTS FOR VALUE OF EX- Secretary of Agriculture. Subject to valid (6) TIMBERLANDS.—The term ‘‘timberlands’’ CHANGED LANDS.—Notwithstanding any other existing rights, the Secretary of Agriculture means lands identified as timberlands in any exchange authority of the Secretary, the shall manage such lands as part of the Rogue land use plan under the Federal Land Policy Secretary may not exchange out of Federal River National Forest in accordance with and Management Act of 1976 (16 U.S.C. 1701– ownership O&C lands, CBWR lands, or public the Act of March 1, 1911 (commonly known 1782). domain lands within the geographic area if H10600 CONGRESSIONAL RECORD — HOUSE October 12, 1998 the fair market value of the lands received exchanges are consistent with the provisions from the Secretary of Agriculture to the by the United States in the exchange— set forth in the Memorandum of Understand- Secretary of the Interior. Subject to valid (1) is less than 75 percent of the fair mar- ing between the Umpqua Land Exchange existing rights, the Secretary of the Interior ket value of the lands conveyed by the Project and the Association of Oregon and shall administer such lands under the laws, United States in the exchange; or California Land Grant Counties, dated Feb- rules, and regulations applicable to unre- (2) is greater than 125 percent of the fair ruary 19, 1998. served public domain lands. market value of the lands conveyed by the AMENDMENT IN THE NATURE OF A SUBSTITUTE (d) RESTORATION OF STATUS OF CERTAIN NA- United States in the exchange. OFFERED BY MR. HANSEN TIONAL FOREST LANDS AS REVESTED RAIL- (e) EQUALIZATION PAYMENTS.—The Sec- ROAD GRANT LANDS.— retary, as necessary to ensure that the total Mr. HANSEN. Madam Speaker, I offer an amendment in the nature of a (1) RESTORATION OF EARLIER STATUS.—The value received by the United States in an ex- Federal lands depicted on maps 1 and 2 con- change out of Federal ownership of O&C substitute. sisting of approximately 4,298 acres within lands, CBWR lands, or public domain lands The Clerk read as follows: the external boundaries of Rogue River Na- within the geographic area is equal to the Amendment in the Nature of a Substitute tional Forest are hereby restored to the sta- total value conveyed by the United States in Offered by Mr. HANSEN: tus of revested Oregon and California Rail- the exchange, shall— Strike out all after the enacting clause and road grant lands, and their status as part of (1) use otherwise available amounts to pay, insert the following: Rogue River National Forest and the Na- to the person from whom lands are acquired SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tional Forest System is hereby revoked. by the United States in the exchange, the (a) SHORT TITLE.—This Act may be cited as (2) ADMINISTRATIVE JURISDICTION.—Admin- difference between the value of the lands re- the ‘‘Oregon Public Lands Transfer and Pro- istrative jurisdiction over the lands de- ceived by the United States and the value of tection Act of 1998’’. scribed in paragraph (1) is hereby transferred the lands conveyed by the United States; or (b) TABLE OF CONTENTS.—The table of con- from the Secretary of Agriculture to the (2) require that person to pay that dif- tents of this Act is as follows: Secretary of the Interior. Subject to valid ference to the United States. Sec. 1. Short title; table of contents. existing rights, the Secretary of the Interior SEC. 205. ADMINISTRATION OF LANDS ACQUIRED shall administer such lands under the Act of IN GEOGRAPHIC AREA; REDESIGNA- Sec. 2. Land transfers involving Rogue River TION OF PUBLIC DOMAIN LANDS. National Forest and other pub- August 28, 1937 (43 U.S.C. 1181a et seq.), and (a) ACQUIRED LANDS.—All lands in the geo- lic lands in Oregon. other laws, rules, and regulations applicable graphic area acquired by the United States Sec. 3. Protection of Oregon and California to revested Oregon and California Railroad and managed by the Secretary through the Railroad grant lands grant lands under the administrative juris- Bureau of Land Management after the date Sec. 4. Hart Mountain jurisdictional trans- diction of the Secretary of the Interior. of the enactment of this Act shall for all pur- fers, Oregon. (e) ADDITION OF CERTAIN REVESTED RAIL- poses have the same status, be administered, Sec. 5. Boundary expansion, Bandon Marsh ROAD GRANT LANDS TO NATIONAL FOREST.— and be otherwise treated as O&C lands. National Wildlife Refuge, Or- (1) LAND TRANSFER.—The revested Oregon (b) REDESIGNATION OF PUBLIC DOMAIN egon. and California Railroad grant lands depicted LANDS FOR TREATMENT AS REVESTED Sec. 6. Willow Lake Natural Treatment Sys- on maps 1 and 2 consisting of approximately LANDS.— tem Project, Salem, Oregon. 960 acres within the external boundaries of (1) LANDS DESIGNATED.—Not later than Sec. 7. Conveyance to Deschutes County, Or- Rogue River National Forest are hereby September 30, 1999, the Secretary shall— egon. added to and made a part of Rogue River Na- (A) designate, for treatment as O&C lands SEC. 2. LAND TRANSFERS INVOLVING ROGUE tional Forest. under paragraph (2), all public domain lands RIVER NATIONAL FOREST AND (2) ADMINISTRATIVE JURISDICTION.—Admin- in the geographic area that, on the date of OTHER PUBLIC LANDS IN OREGON. istrative jurisdiction over the lands de- the enactment of this Act, are timberlands; (a) MAP REFERENCES.—In this section: scribed in paragraph (1) is hereby transferred and (1) The term ‘‘maps 1 and 2’’ refers to the from the Secretary of the Interior to the (B) notify the Congress of that designation. maps entitled ‘‘BLM/Rogue River NF Admin- Secretary of Agriculture. Subject to valid (2) TREATMENT OF REDESIGNATED LANDS.— istrative Jurisdiction Transfer, North Half’’ existing rights, the Secretary of Agriculture Lands designated by the Secretary under and ‘‘BLM/Rogue River NF Administrative shall manage such lands as part of the Rogue paragraph (1) shall for all purposes have the Jurisdiction Transfer, South Half’’ , both River National Forest in accordance with same status, be administered, and be other- dated April 28, 1998. the Act of March 1, 1911 (commonly known wise treated as O&C lands. (2) The term ‘‘maps 3 and 4’’ refers to the as the Weeks Law), and under the laws, (3) REVENUE DISTRIBUTION.—(A) Notwith- maps entitled ‘‘BLM/Rogue River NF Bound- rules, and regulations applicable to the Na- standing paragraphs (1) and (2), revenues ary Adjustment, North Half’’ and ‘‘BLM/ tional Forest System. that are produced on or before September 30, Rogue River NF Boundary Adjustment, (3) DISTRIBUTION OF RECEIPTS.—Notwith- 2003, on lands designated by the Secretary South Half’’ , both dated April 28, 1998. standing the sixth paragraph under the head- under paragraph (1) shall be distributed ac- (b) TRANSFER FROM PUBLIC DOMAIN TO NA- ing ‘‘FOREST SERVICE’’ in the Act of May 23, cording to provisions of law in effect imme- TIONAL FOREST.— 1908 and section 13 of the Act of March 1, 1911 diately before the enactment of this Act. (1) LAND TRANSFER.—The public domain (16 U.S.C. 500), revenues derived from the (B) Notwithstanding paragraphs (1) and (2), lands depicted on maps 1 and 2 consisting of lands described in paragraph (1) shall be dis- revenues that are produced after September approximately 2,058 acres within the exter- tributed in accordance with the Act of Au- 30, 2003, on lands designated by the Secretary nal boundaries of Rogue River National For- gust 28, 1937 (43 U.S.C. 1181a et seq.). est in the State of Oregon are hereby added under paragraph (1) and that are available to (f) BOUNDARY ADJUSTMENT.—The bound- to and made a part of Rogue River National counties pursuant to the Act of August 28, aries of Rogue River National Forest are Forest. 1937 (43 U.S.C. 1181a et seq.), shall be dis- hereby adjusted to encompass the lands (2) ADMINISTRATIVE JURISDICTION.—Admin- bursed to the Association of Oregon and Cali- transferred to the administrative jurisdic- istrative jurisdiction over the lands de- fornia Land Grant Counties, for redistribu- tion of the Secretary of Agriculture under scribed in paragraph (1) is hereby transferred tion, after deducting a reasonable sum for this section and to exclude private property from the Secretary of the Interior to the costs of administration, as follows: interests adjacent to the exterior boundaries Secretary of Agriculture. Subject to valid (i) 92 percent shall be redistributed to of Rogue River National Forest, as depicted existing rights, the Secretary of Agriculture counties entitled to payments under the Act on maps 3 and 4. of August 28, 1937 (43 U.S.C. 1181a et seq.), in shall manage such lands as part of Rogue the same proportion as other payments River National Forest in accordance with (g) MAPS.—Within 60 days after the date of under that Act. the Act of March 1, 1911 (commonly known the enactment of this Act, the maps referred (ii) 8 percent shall be redistributed to as the Weeks Law), and under the laws, to in subsection (a) shall be available for counties entitled to payments under section rules, and regulations applicable to the Na- public inspection in the office of the Chief of 3 of the Act of July 31, 1947 (chapter 4306; 30 tional Forest System. the Forest Service. U.S.C. 603), and the fifth proposition of sec- (c) TRANSFER FROM NATIONAL FOREST TO (h) MISCELLANEOUS REQUIREMENTS.—As tion 4 of the Act of February 14, 1859 (chapter PUBLIC DOMAIN.— soon as practicable after the date of the en- XXXIII; 11 Stat. 383), in the same proportion (1) LAND TRANSFER.—The Federal lands de- actment of this Act, the Secretary of the In- as other payments under those provisions. picted on maps 1 and 2 consisting of approxi- terior and the Secretary of Agriculture shall SEC. 206. RELATIONSHIP TO UMPQUA LAND EX- mately 1,632 acres within the external bound- revise the public land records relating to the CHANGE AUTHORITY. aries of Rogue River National Forest are lands transferred under this section to re- Notwithstanding any other provision of hereby transferred to unreserved public do- flect the administrative, boundary, and this title, this title shall not apply to ex- main status, and their status as part of other changes made by this section. The Sec- changes of land authorized pursuant to sec- Rogue River National Forest and the Na- retaries shall publish in the Federal Register tion 1028 of the Omnibus Parks and Public tional Forest System is hereby revoked. appropriate notice to the public of the Lands Management Act of 1996 (Public Law (2) ADMINISTRATIVE JURISDICTION.—Admin- changes in administrative jurisdiction made 104–333; 110 Stat. 4231), or any implementing istrative jurisdiction over the lands de- by this section with regard to lands de- legislation or administrative rule, if the land scribed in paragraph (1) is hereby transferred scribed in this section. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10601 SEC. 3. PROTECTION OF OREGON AND CALIFOR- from the Bureau of Land Management to the (B) shall be open to— NIA RAILROAD GRANT LANDS United States Fish and Wildlife Service. (i) surface entry under the public land (a) DEFINITIONS.—For purposes of this sec- (2) INCLUSION IN REFUGE.—The parcels of laws; tion: land described in paragraph (1) shall be in- (ii) leasing under the mineral leasing laws (1) O & C LAND.—The term ‘‘O & C land’’ cluded in the Hart Mountain National Ante- and the Geothermal Steam Act of 1970 (30 means the land (commonly known as ‘‘Or- lope Refuge. U.S.C. 1001 et seq.); and egon and California Railroad grant land’’) (3) WITHDRAWAL.—Subject to valid existing (iii) location and entry under the mining that— rights, the parcels of land described in para- laws. (A) revested in the United States under the graph (1)— (5) MANAGEMENT.—The land described in Act of June 9, 1916 (39 Stat. 218, chapter 137); (A) are withdrawn from— paragraph (1) shall be managed in accord- and (i) surface entry under the public land ance with the Federal Land Policy and Man- (B) is managed by the Secretary of the In- laws; agement Act of 1976 (43 U.S.C. 1701 et seq.) terior through the Bureau of Land Manage- (ii) leasing under the mineral leasing laws and other applicable law, and the agreement ment under the Act of August 28, 1937 (43 and Geothermal Steam Act of 1970 (30 U.S.C. known as the ‘‘Shirk Ranch Agreement’’ U.S.C. 1181a et seq.). 1001 et seq.); and dated September 30, 1997. (2) CBWR LAND.—The term ‘‘CBWR land’’ (iii) location and entry under the mining (d) MAP.—A copy of the map described in means the land (commonly known as ‘‘Coos laws; and subsections (a), (b), and (c) and such addi- Bay Wagon Road grant land’’) that— (B) shall be treated as parcels of land sub- tional legal descriptions as are applicable (A) was reconveyed to the United States ject to the provisions of Executive Order No. shall be kept on file and available for public under the Act of February 26, 1919 (40 Stat. 7523 of December 21, 1936, as amended by Ex- inspection in the Office of the Regional Di- 1179, chapter 47); and ecutive Order No. 7895 of May 23, 1938, and rector of Region 1 of the United States Fish (B) is managed by the Secretary of the In- Presidential Proclamation No. 2416 of July and Wildlife Service, the local District Office terior through the Bureau of Land Manage- 25, 1940, that withdrew parcels of land for the of the Bureau of Land Management, the ment under the Act of August 28, 1937 (43 Hart Mountain National Antelope Refuge. Committee on Energy and Natural Resources U.S.C. 1181a et seq.). (4) MANAGEMENT.—The land described in of the Senate, and the Committee on Re- (3) PUBLIC DOMAIN LAND.— paragraph (1) shall be included in the Hart sources of the House of Representatives. (A) IN GENERAL.—The term ‘‘public domain Mountain National Antelope Refuge and (e) CORRECTION OF REFERENCE TO WILDLIFE land’’ has the meaning given the term ‘‘pub- managed in accordance with the National REFUGE.—Section 28 of the Act of August 13, lic lands’’ in section 103 of the Federal Land Wildlife Refuge System Administration Act 1954 (68 Stat. 718, chapter 732; 72 Stat. 818; 25 Policy and Management Act of 1976 (43 of 1966 (16 U.S.C. 668dd et seq.), and other ap- U.S.C. 564w–1), is amended in subsections (f) U.S.C. 1702). plicable law and with management plans and and (g) by striking ‘‘Klamath Forest Na- (B) EXCLUSIONS.—The term ‘‘public domain agreements between the Bureau of Land tional Wildlife Refuge’’ each place it appears land’’ does not include O & C land or CBWR Management and the United States Fish and and inserting ‘‘Klamath Marsh National land. Wildlife Service for the Hart Mountain Ref- Wildlife Refuge’’. (4) GEOGRAPHIC AREA.—The term ‘‘geo- uge. SEC. 5. BOUNDARY EXPANSION, BANDON MARSH graphic area’’ means the area in the State of (b) CONTINUED MANAGEMENT OF GUANO NATIONAL WILDLIFE REFUGE, OR- EGON. Oregon within the boundaries of the Medford CREEK WILDERNESS STUDY AREA BY THE BU- REAU OF LAND MANAGEMENT.— Section 102 of Public Law 97–137 (95 Stat. District, Roseburg District, Eugene District, 1709; 16 U.S.C. 668dd note) is amended by Salem District, Coos Bay District, and Klam- (1) IN GENERAL.—The parcels of land identified for cooperative management on the map striking ‘‘three hundred acres’’ and inserting ath Resource Area of the Lakeview District ‘‘1,000 acres’’. of the Bureau of Land Management, as the entitled ‘‘Hart Mountain Jurisdictional Transfer’’, dated February 26, 1998, compris- SEC. 6. WILLOW LAKE NATURAL TREATMENT SYS- districts and the resource area were con- TEM PROJECT, SALEM, OREGON. stituted on January 1, 1998. ing approximately 10,900 acres of land in Lake County, Oregon, located south of the (a) IN GENERAL.—Title XVI of the Reclama- (5) SECRETARY.—The term ‘‘Secretary’’ tion Projects Authorization and Adjustment means the Secretary of the Interior. Hart Mountain National Antelope Refuge, shall be retained under the jurisdiction of Act of 1992 (43 U.S.C. 390h et seq.) is amended (b) POLICY OF NO NET LOSS OF O & C LAND, by adding at the end the following: the Bureau of Land Management. CBWR LAND, OR PUBLIC DOMAIN LAND.—In ‘‘SEC. 1634. WILLOW LAKE NATURAL TREATMENT (2) MANAGEMENT.—The parcels of land de- carrying out sales, purchases, and exchanges SYSTEM PROJECT. scribed in paragraph (1) that are within the of land in the geographic area, the Secretary ‘‘(a) AUTHORIZATION.—The Secretary, in co- Guano Creek Wilderness Study Area Act shall ensure that on expiration of the 10-year operation with the city of Salem, Oregon, is period beginning on the date of enactment of shall be managed so as not to impair the authorized to participate in the design, plan- this Act and on expiration of each 10-year pe- suitability of the area for designation as wil- ning, and construction of the Willow Lake riod thereafter, the number of acres of O & C derness, in accordance with current and fu- Natural Treatment System Project to re- land and CBWR land in the geographic area, ture management plans and agreements (in- claim and reuse wastewater within and with- and the number of acres of O & C land, cluding the agreement known as the ‘‘Shirk out the service area of the city of Salem. CBWR land, and public domain land in the Ranch Agreement’’ dated September 30, ‘‘(b) COST SHARE.—The Federal share of the geographic area that are available for timber 1997), until such date as Congress enacts a cost of the project authorized by this section harvesting, are not less than the number of law directing otherwise. shall not exceed 25 percent of the total cost acres of such land on the date of enactment (c) TRANSFER FROM THE UNITED STATES of the project. of this Act. FISH AND WILDLIFE SERVICE TO THE BUREAU ‘‘(c) LIMITATION.—The Secretary shall not (c) RELATIONSHIP TO UMPQUA LAND EX- OF LAND MANAGEMENT.— provide funds for the operation and mainte- CHANGE AUTHORITY.—Notwithstanding any (1) IN GENERAL.—Administrative jurisdic- nance of the project authorized by this sec- other provision of this section, this section tion over the parcels of land identified for tion.’’. shall not apply to an exchange of land au- transfer to the Bureau of Land Management (b) CLERICAL AMENDMENT.—The table of thorized pursuant to section 1028 of the Om- on the map entitled ‘‘Hart Mountain Juris- sections in section 2 of such Act is amended nibus Parks and Public Lands Management dictional Transfer’’, dated February 26, 1998, by inserting after the item relating to sec- Act of 1996 (Public Law 104–333; 110 Stat. comprising approximately 7,700 acres of land tion 1633 the following: 4231), or any implementing legislation or ad- in Lake County, Oregon, located adjacent to ‘‘Sec. 1634. Willow Lake Natural Treatment ministrative rule, if the land exchange is or within the Hart Mountain National Ante- System Project. consistent with the memorandum of under- lope Refuge, is transferred from the United SEC. 7. CONVEYANCE TO DESCHUTES COUNTY, standing between the Umpqua Land Ex- States Fish and Wildlife Service to the Bu- OREGON. change Project and the Association of Or- reau of Land Management. (a) PURPOSES.—The purposes of this section egon and California Land Grant Counties (2) REMOVAL FROM REFUGE.—The parcels of are to authorize the Secretary of the Interior dated February 19, 1998. land described in paragraph (1) are removed to sell at fair market value to Deschutes SEC. 4. HART MOUNTAIN JURISDICTIONAL from the Hart Mountain National Antelope County, Oregon, certain land to be used to TRANSFERS, OREGON. Refuge, and the boundary of the refuge is protect the public’s interest in clean water (a) TRANSFER FROM THE BUREAU OF LAND modified to reflect that removal. in the aquifer that provides drinking water MANAGEMENT TO THE UNITED STATES FISH (3) REVOCATION OF WITHDRAWAL.—The pro- for residents of Deschutes County and to pro- AND WILDLIFE SERVICE.— visions of Executive Order No. 7523 of Decem- mote the public interest in the efficient de- (1) IN GENERAL.—Administrative jurisdic- ber 21, 1936, as amended by Executive Order livery of social services and public amenities tion over the parcels of land identified for No. 7895 of May 23, 1938, and Presidential in southern Deschutes County by— transfer to the United States Fish and Wild- Proclamation No. 2416 of July 25, 1940, that (1) providing land for private residential life Service on the map entitled ‘‘Hart Moun- withdrew the parcels of land for the refuge, development to compensate for development tain Jurisdictional Transfer’’, dated Feb- shall be of no effect with respect to the par- prohibitions on private land that is cur- ruary 26, 1998, comprising approximately cels of land described in paragraph (1). rently zoned for residential development, but 12,100 acres of land in Lake County, Oregon, (4) STATUS.—The parcels of land described the development of which would cause in- located adjacent to or within the Hart Moun- in paragraph (1)— creased pollution of ground and surface tain National Antelope Refuge, is transferred (A) are designated as public land; and water; H10602 CONGRESSIONAL RECORD — HOUSE October 12, 1998 (2) providing for the streamlined and low- Speaker’s table the Senate bill (S. 538) Minidoka Irrigation District and the Burley cost acquisition of land by nonprofit and to authorize the Secretary of the Inte- Irrigation District shall be allotted in such governmental social service entities that rior to convey certain facilities of the manner so as to neither enlarge nor diminish offer needed community services to residents Minidoka project to the Burley Irriga- the respective rights of either district in of the area; such water rights as described in contracts (3) allowing Deschutes County to provide tion District, and for other purposes, between Burley and the United States. land for community amenities and services, and ask for its immediate consider- (C) The transfer of water rights in accord- such as open space, parks, roads, and other ation in the House. ance with this paragraph shall not impair public spaces and uses, to area residents at The Clerk read the title of the Senate the integrated operation of the Minidoka little or no cost to the public; and bill. Project, affect any other adjudicated rights, (4) otherwise assist in the implementation The SPEAKER pro tempore. Is there or result in any adverse impact on any other of the Deschutes County Regional Problem objection to the request of the gen- project water user. Solving Project. tleman from Utah? (2) ALLOCATION OF STORAGE SPACE.—The (b) SALE OF LAND.—The Secretary of the There was no objection. Secretary shall provide an allocation to Bur- Interior, acting through the Director of the ley of storage space in Minidoka Reservoir, Bureau of Land Management (referred to in The Clerk read the Senate bill, as fol- American Falls Reservoir, and Palisades this section as the ‘‘Secretary’’) may make lows: Reservoir, as described in Burley Contract available for sale at fair market value to S. 538 Nos. 14–06–100–2455 and 14–06–W–48, subject to Deschutes County, Oregon, a parcel of the Be it enacted by the Senate and House of Rep- the obligation of Burley to continue to as- land in Deschutes County comprising ap- resentatives of the United States of America in sume and satisfy its allocable costs of oper- proximately 544 acres and lying in township Congress assembled, ation and maintenance associated with the 22 south, range 10 east, Willamette meridian, SECTION 1. CONVEYANCE OF FACILITIES. storage facilities operated by the Bureau of as more fully described as follows: (a) DEFINITIONS.—In this section: Reclamation. (d) PROJECT RESERVED POWER.—The Sec- (1) Section 1: (1) BURLEY.—The term ‘‘Burley’’ means the retary shall continue to provide Burley with (A) Government Lot 3, the portion west of Burley Irrigation District, an irrigation dis- project reserved power from the Minidoka Highway 97; trict organized under the law of the State of Reclamation Power Plant, Palisades Rec- (B) Government Lot 4; Idaho. lamation Power Plant, Black Canyon Rec- (C) SENW, the portion west of Highway 97; (2) DIVISION.—The term ‘‘Division’’ means SWNW, the portion west of Highway 97, lamation Power Plant, and Anderson Ranch the Southside Pumping Division of the Reclamation Power Plant in accordance with NWSW, the portion west of Highway 97; Minidoka project, Idaho. SWSW, the portion west of Highway 97; the terms of the existing contracts, includ- (3) SECRETARY.—The term ‘‘Secretary’’ ing any renewals thereof as provided in such (2) Section 2: means the Secretary of the Interior. (A) Government Lot 1; contracts. (b) CONVEYANCE.— (e) SAVINGS.— (B) SENE, SESW, the portion east of Hun- (1) IN GENERAL.—The Secretary shall, with- tington Road; NESE; NWSE; SWSE; SESE, (1) Nothing in this Act or any transfer pur- out consideration or compensation except as suant thereto shall affect the right of the portion west of Highway 97; provided in this section, convey to Burley, (3) Section 11: Minidoka Irrigation District to the joint use by quitclaim deed or patent, all right, title, of the gravity portion of the Southside (A) Government Lot 10; and interest of the United States in and to (B) NENE, the portion west of Highway 97; Canal, subject to compliance by the acquired lands, easements, and rights-of-way Minidoka Irrigation District with the terms NWNE; SWNE, the portion west of Highway of or in connection with the Division, to- 97; NENW, the portion east of Huntington and conditions of a contract between Burley gether with the pumping plants, canals, and Minidoka Irrigation District, and any Road; SWNW, the portion east of Huntington drains, laterals, roads, pumps, checks, Road; SENW. amendments or changes made by agreement headgates, transformers, pumping plant sub- of the irrigation districts. (c) SUITABILITY FOR SALE.—The Secretary stations, buildings, transmission lines, and shall convey the land under subsection (b) (2) Nothing in this Act shall affect the other improvements or appurtenances to the rights of any person or entity except as may only if the Secretary determines that the land or used for the delivery of water from land is suitable for sale through the land use be specifically provided herein. the headworks (but not the headworks them- (f) LIABILITY.—Effective on the date of con- planning process. selves) of the Southside Canal at the veyance of the project facilities, described in (d) SPECIAL ACCOUNT.—The amount paid by Minidoka Dam and reservoir to land in Bur- section (1)(b)(1), the United States shall not the County for the conveyance of land under ley, including all facilities used in conjunc- be held liable by any court for damages of subsection (b)— tion with the Division (including the electric any kind arising out of any act, omission, or (1) shall be deposited in a special account transmission lines used to transmit electric occurrence relating to the conveyed facili- in the Treasury of the United States; and power for the operation of the pumping fa- ties, except for damages caused by acts of (2) may be used by the Secretary for the cilities of the Division and related purposes negligence committed by the United States purchase of environmentally sensitive land for which the allocable construction costs or by its employees, agents, or contractors east of range 9 east, Willamette meridian, in have been fully repaid by Burley). prior to the date of conveyance. Nothing in the State of Oregon that is consistent with (2) COSTS.—The first $80,000 in administra- this section shall be deemed to increase the the goals and objectives of the land use plan- tive costs of transfer of title and related ac- liability of the United States beyond that ning process of the Bureau of Land Manage- tivities shall be paid in equal shares by the currently provided in the Federal Tort ment. United States and Burley, and any addi- Claims Act, 28 U.S.C. 2671 et seq. Mr. HANSEN (during the reading). tional amount of administrative costs shall (g) COMPLETION OF CONVEYANCE.— Madam Speaker, I ask unanimous con- be paid by the United States. (1) IN GENERAL.—The Secretary shall com- sent that the amendment in the nature (c) WATER RIGHTS.— plete the conveyance under subsection (b) (including such action as may be required of a substitute be considered as read (1) TRANSFER.—(A) Subject to subparagraphs (B) and (C), the Secretary shall trans- under the National Environmental Policy and printed in the RECORD. fer to Burley, through an agreement among Act of 1969 (42 U.S.C. 4321 et seq.)) not later The SPEAKER pro tempore. Is there Burley, the Minidoka Irrigation district, and than 2 years after the date of enactment of objection to the request of the gen- the Secretary, in accordance with and sub- this Act. tleman from Utah? ject to the law of the State of Idaho, all nat- (2) REPORT.—The Secretary shall provide a There was no objection. ural flow, waste, seepage, return flow, and report to the Committee on Resources of the The amendment in the nature of a groundwater rights held in the name of the United States House of Representatives and substitute was agreed to. United States— to the Committee on Energy and Natural Re- sources of the United States Senate within The bill was ordered to be engrossed (i) for the benefit of the Minidoka Project or specifically for the Burley Irrigation Dis- eighteen months from the date of enactment and read a third time, was read the trict; of this Act on the status of the transfer, any third time, and passed, and a motion to (ii) that are for use on lands within the obstacles to completion of the transfer as reconsider was laid on the table. Burley Irrigation District; and provided in this section, and the anticipated f (iii) which are set forth in contracts be- date for such transfer. tween the United States and Burley or in the Mrs. CHENOWETH. Madam. Speaker, I am AUTHORIZING SECRETARY OF IN- decree of June 20, 1913 of the District Court happy to come before the House to express TERIOR TO CONVEY CERTAIN of the Fourth Judicial District of the State my strong support for S. 538, the Burley Irriga- FACILITIES OF THE MINIDOKA of Idaho, in and for the County of Twin Falls, in the case of Twin Falls Canal Company v. tion District Conveyance Act, sponsored by my PROJECT TO THE BURLEY IRRI- Senate colleagues, Senator Craig and Senator GATION DISTRICT Charles N. Foster, et al., and commonly referred to as the ‘‘Foster decree’’. KEMPTHORNE. S. 538 also resembles H.R. Mr. HANSEN. Madam Speaker, I ask (B) Any rights that are presently held for 1282, a bill introduced by my friend and fellow unanimous consent to take from the the benefit of lands within both the Idahoan in the House, MIKE CRAPO. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10603 Madam Speaker, S. 538 would simply con- terest and penalties, operation and mainte- These questions have been addressed to vey certain facilities of the Minidoka project, nance charges, and book value of equipment the satisfaction of the Administration, and all which was authorized in 1902, to the Burley Ir- and supplies transferred to the District. sides have given their assent to this legisla- rigation District. This fulfills the contract the Supplemental contracts between the District tion. District had with the Federal government. and the United States have transferred re- Madam Speaker, this legislation is the prod- Per their agreement, the water users of the sponsibility for certain transmission lines, uct of months of intensive negotiations involv- Burley Irrigation District have paid their obliga- transformer stations, and the main South Side ing the District, the Administration, and Con- tions to the U.S. Treasury. Having fulfilled this Canal from its headworks to the first lift pump- gress. It is fair and cost-effective to the Amer- responsibility under the Reclamation Act, the ing station of the South Side Pumping Divi- ican taxpayer, and it is simply wise public pol- Water District has been working diligently with sion. icy. The compromises reached allow all those Congressman CRAPO and me over the last Since that time, the District has repaid out involved to feel a sense of ownership in this year to develop this important legislation. all construction and other costs allocated to it legislation. Accordingly, I would like to express Madam Speaker, S. 538 transfers the rights under the various contracts. The District has my appreciation to the distinguished sub- and use of the facility for which the District al- been in continuous operation, maintenance, committee chairman, Mr. DOOLITTLE, the rank- ready has a right of title. and management of the distribution facilities ing member, Mr. DEFAZIO, as well as the full In April of this year we heard testimony from and pumping plants for 72 years. committee Chairman YOUNG and Ranking S. 538 is consistent with the Reclamation Roger Ling before the House Subcommittee Member MILLER, and the Administration for Act of 1902 and the need of the United States on Water and Power, chaired by my good their hard work and cooperation on this impor- to divest itself of title to property for which it friend JOHN DOOLITTLE. Mr. Ling, who is an tant bill. has liability, but not the operation and mainte- Idaho Citizen, and a member of the Burley Irri- I would also like to express my thanks to my nance responsibilities. Moreover, it fulfills the gation District, laid out for the subcommittee in colleague from Idaho, Mrs. CHENOWETH, for spirit of the Reclamation Act and the goal of detail the fascinating history of how this her invaluable help in passing this legislation. reducing the size of the federal government by project came to fruition. He made a compelling And, of course, I extend special appreciation transferring to private hands title to Bureau of case why the Burley water users deserve to to the bill's sponsor in the other body, Senator receive the title which they have lawfully paid Reclamation facilities. I would like to take a moment to address CRAIG, and applaud his persistence in this en- for. certain questions that had been raised by the deavor. I am very pleased to have the opportunity to Administration regarding the intentions of this The Senate bill was ordered to be assist Burley in working through the intent of bill. These issues have already been clarified read a third time, was read the third the Reclamation Act. I am convinced that the with the Secretary of the Interior, but I would time, and passed, and a motion to re- District will do a tremendous job managing the like to state them here for the purpose of plac- consider was laid on the table. Minidoka facility, including the environmental ing them in the RECORD. f aspects of this project. First, the question of what is meant in this I would like to address some concerns my legislation by the inclusion of return flows as GENERAL LEAVE democratic colleagues have with regard to part of the water rights transfer. As a result of Mr. HANSEN. Madam Speaker I ask NEPA. This is not a complicated bill. S. 538 the irrigation of the lands within Burley Irriga- simply authorizes a title transfer. Nothing unanimous consent that all Members tion District and Minidoka Irrigation District, may have 5 legislative days within more, nothing less. The everyday workings of there are return flows to the Snake River. the irrigation district will not change. The sim- which to revise and extend their re- Under the Foster Decree, when these districts marks on the bills just passed. ple ``paper'' transfer will not have an environ- are using stored water to which they are enti- mental impact. Therefore, an environmental The SPEAKER pro tempore. Is there tled under their spaceholder contracts for irri- objection to the request of the gen- assessment or impact study is not necessary gation of their lands, they receive a credit for and a waste of resources. And it is my under- tleman from Utah? the return flows to the river which is used on There was no objection. standing of this bill that, so long as the day- a proportionate basis to reduce their use of to-day operations are unchanged, NEPA is stored water. The Decree is administered by f deemed to be complied with. the State of Idaho, and the extent of return The only change to the Burley Irrigation Dis- flows depends on the operation of the districts' REREFERRAL OF MEMORIAL NO. trict will be that the people who have worked distribution systems. These rights clearly be- 303 TO COMMITTEE ON AGRI- for decades to pay for the Minidoka facility will long to the districts and inure the benefit of the CULTURE AND COMMITTEE ON finally receive that which is due toÐownership districts and the landowners therein. RESOURCES title. Second, a concern had been raised about Mr. HANSEN. Madam Speaker, I ask I thank Chairman DOOLITTLE for bringing this this bill potentially changing the crediting sys- unanimous consent that Memorial No. important legislation before the House, and I tem of return flows from the way it is currently 303 received by the House from the leg- urge my fellow Colleagues to vote for its pas- carried out and, in particular, adversely affect- islature of the State of Idaho be re- sage. ing the Minidoka Irrigation District. Let me as- referred to the Committee on Agri- Mr. CRAPO. Madam Speaker, I rise to voice sure you that nothing in the bill is intended to culture as well as the Committee on my strong support for S. 538, a bill to convey modify the crediting of return flows from the Resources. title to certain facilities in the Minidoka Project way they are currently credited. Of course, it The SPEAKER pro tempore. Is there to the Burley Irrigation District in Idaho. This is extremely difficult to differentiate the source objection to the request of the gen- bill represents a watershed for irrigators in the of return flows, but I would expect that the tleman from Utah? western United States by setting a model for agreement to be negotiated between the Bur- There was no objection. future legislation involving facility title trans- ley Irrigation District, the Minidoka Irrigation fers. District, and the Secretary of the Interior, f Burley Irrigation District is a waterusers co- would address the partitioning of credits in a operative operating in southern Idaho for the REREFERRAL OF EXECUTIVE COM- manner that will preserve the status quo. MUNICATIONS 10321 AND 10322 TO benefit of local irrigators and was authorized in Finally, the Administration had raised a COMMITTEE ON AGRICULTURE 1904 under the Reclamation Act. Under au- question about the possible impact on storage thority outlined in the Act, the Secretary of the rights of provisions in the bill transferring natu- Mr. HANSEN. Madam Speaker, I ask Interior, through the Bureau of Reclamation, ral flow rights. The Bureau of Reclamation has unanimous consent that the Commit- transferred to the District the care, operation, been informed that nothing under this bill is in- tee on Resources be discharged from and maintenance of certain project works. In tended to transfer or impair storage rights held consideration of Executive Commu- 1926, the District entered into a contract with by the Bureau, and nothing is intended to im- nications 10321 and 10322 and that such the United States to assume the care, oper- pair the operations of the Minidoka Project by Executive Communications be re- ation, and maintenance of the South Side the Secretary of the Interior. To the extent referred to the Committee on Agri- Pumping Division, together with certain tele- operational issues or concerns arise as a re- culture. phone lines. sult of the transfer, I would expect the Burley The SPEAKER pro tempore. Is there In this contract, the District agreed to pay to Irrigation District and the Secretary to address objection to the request of the gen- the United States the balance of all construc- such matters in the agreement that will be ne- tleman from Utah? tion indebtedness of landowners, including in- gotiated under the bill. There was no objection. H10604 CONGRESSIONAL RECORD — HOUSE October 12, 1998 DANTE B. FASCELL NORTH-SOUTH est in Latin America. He was a leader reference to the ‘‘Dante B. Fascell North/ CENTER ACT OF 1991 in this institution and in the United South Center Act of 1991’’. Mr. GILMAN. Madam Speaker, I ask States Government in fashioning an ef- The bill was ordered to be engrossed unanimous consent that the Commit- fective policy toward Latin America. and read a third time, was read the tee on International Relations be dis- The North-South Center provides inde- third time, and passed, and a motion to charged from further consideration of pendent and serious analysis of Latin reconsider was laid on the table. the bill (H.R. 4757) to designate the America and is an asset to all policy f North-South Center as the Dante B. makers. GENERAL LEAVE Fascell North-South Center, and ask It is, therefore, only fitting that for its immediate consideration in the Dante Fascell would be commemorated Mr. GILMAN. Madam Speaker, I ask House. permanently in the name of the center unanimous consent that all Members The Clerk read the title of the bill. that he cares so much about and may have 5 legislative days within The SPEAKER pro tempore. Is there worked so hard for. which to revise and extend their re- objection to the request of the gen- Madam Speaker, I urge unanimous marks and include extraneous material tleman from New York? support. on H.R. 4757. Mr. HAMILTON. Madam Speaker, re- Mr. GILMAN. Madam Speaker, it is a great The SPEAKER pro tempore. Is there serving the right to object, of course I pleasure to bring before the House a bill to objection to the request of the gen- will not object, but I would like to honor our esteemed former colleague, the tleman from New York? yield to the chairman for an expla- former Chairman of the International Relations There was no objection. nation of the bill. Committee Dante Fascell. f Mr. GILMAN. Madam Speaker, it is a This bill will rename the educational institu- pleasure for me to bring before the tion known as the North/South Center, as the AUGUSTUS F. HAWKINS POST House a bill to honor our esteemed Dante B. Fascell North-South Center. OFFICE BUILDING former colleague, the former chairman Chairman Fascell was responsible for estab- Mr. MCHUGH. Madam Speaker, I of the Committee on International Re- lishing this Center in 1991 to promote better move to suspend the rules and pass the lations, the gentleman from Florida, relations between the United States and the bill (H.R. 2349) to redesignate the Fed- Dante Fascell. nations of Latin America, the Caribbean and eral building located at 10301 South This bill will rename the educational Canada through cooperative study training Compton Avenue, in Los Angeles, Cali- institution known as the North-South and research. fornia, and known as the Watts Fi- Center as the Dante B. Fascell North- Today, we recognize the significant con- nance Office, as the ‘‘Augustus F. Haw- South Center. Chairman Fascell was tribution Dante Fascell has made to U.S.-Latin kins Post Office Building.’’ responsible for establishing that center American relations and indeed to so many The Clerk read as follows: in 1991 to promote better relations be- other aspects of our foreign policy. He was a H.R. 2349 tween our Nation and the nations of dedicated legislator and statesman. It is a Latin America, the Caribbean and Can- privilege to sponsor this measure along with Be it enacted by the Senate and House of Rep- resentatives of the United States of America in ada through cooperative study training 15 other Members of Congress. This is only a Congress assembled, and research. Today we recognize the modest gesture to recognize a truly great SECTION 1. REDESIGNATION. significant contributions that Dante American. The Federal building located at 10301 Fascell has made to the U.S.-Latin I urge my colleagues to support this bill. South Compton Avenue, in Los Angeles, American relations and, indeed, to so Madam Speaker, I withdraw my res- California, and known as the Watts Finance many other aspects of our foreign pol- ervation of objection. Office, shall be known and designated as the icy. The SPEAKER pro tempore. Is there ‘‘Augustus F. Hawkins Post Office Building’’. Dante Fascell was a dedicated legis- objection to the request of the gen- SEC. 2. REFERENCES. lator and statesman. It is a privilege to tleman from New York? Any reference in a law, map, regulation, sponsor this measure along with 15 There was no objection. document, paper, or other record of the other Members of Congress. This is The Clerk read the bill, as follows: United States to the Federal building referred to in section 1 shall be deemed to be only a modest gesture to recognize a H.R. 4757 truly great American. a reference to the ‘‘Augustus F. Hawkins Be it enacted by the Senate and House of Rep- Post Office Building’’. Accordingly, I urge my colleagues to resentatives of the United States of America in support this bill. Congress assembled, The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from Mr. HAMILTON. Madam Speaker, SECTION 1. DESIGNATION OF NORTH/SOUTH continuing my reservation, I strongly CENTER AS THE DANTE B. FASCELL New York (Mr. MCHUGH) and the gen- support the bill to rename the North- NORTH-SOUTH CENTER. tlewoman from California (Ms. South Center after the former chair- Section 208 of the Foreign Relations Au- MILLENDER-MCDONALD) each will con- man of the House Committee on Inter- thorization Act, Fiscal Years 1992 and 1993 trol 20 minutes. (22 U.S.C. 2075) is amended— The Chair recognizes the gentleman national Relations, Dante Fascell. I (1) by striking subsection (a) and inserting from New York (Mr. MCHUGH). want to thank the gentleman from New the following: York, (Mr. GILMAN) the chairman of ‘‘(a) SHORT TITLE.—This section may be GENERAL LEAVE the committee, for his initiative in cited as the ‘‘Dante B. Fascell North-South Mr. MCHUGH. Madam Speaker I ask bringing the bill forward. Center Act of 1991’’; unanimous consent that all Members Dante Fascell was an extraordinarily (2) in subsection (c)— may have 5 legislative days within important figure in this Congress, cer- (A) by amending the section heading to which to revise and extend their re- tainly in the recent history of the read as follows: ‘‘DANTE B. FASCELL NORTH- marks on H.R. 2349. international relations committee and SOUTH CENTER.—’’; and (B) by striking ‘‘known as the North/South The SPEAKER pro tempore. Is there in the development of American for- Center,’’ and inserting ‘‘which shall be objection to the request of the gen- eign policy. He was a highly effective known and designated as the Dante B. Fas- tleman from New York? legislator, enormously popular in this cell North-South Center,’’; and There was no objection. body. He was an excellent chairman, (3) in subsection (d) by striking ‘‘North/ b and his many contributions to the Con- South Center’’ and inserting ‘‘Dante B. Fas- 1615 gress and to the country were simply cell North-South Center’’. Mr. MCHUGH. Madam Speaker, I extraordinary. SEC. REFERENCES. yield myself such time as I may con- Almost all of us who have served on (a) CENTER.—Any reference in any other sume. that committee I think have very fond provision of law to the educational institu- Madam Speaker, H.R. 2349 was intro- memories of Dante’s public service, not tion in Florida known as the North/South duced by our distinguished colleague Center shall be deemed to be a reference to the least of which was his accomplish- the ‘‘Dante B. Fascell North-South Center’’. from California (Ms. MILLENDER- ment in getting the North-South Cen- (b) SHORT TITLE.—Any reference in any MCDONALD) on July 31 of 1997; and as ter established. The Center is a con- other provision of law to the North/South required under the rules of the Com- crete example of Dante’s intense inter- Center Act of 1991 shall be deemed to be a mittee on Government Reform and October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10605 Oversight, all Members of the House Madam Speaker, I rise to pay tribute ment efforts to reduce unemployment delegation from the State of California to a dear friend and a former Congress- to 4 percent by 1983, if the private sec- are cosponsors of this bill. In addition, man by renaming the Federal building tor failed to do so. The Humphrey-Haw- 46 other Members of this body are co- located at 10301 South Compton Avenue kins bill is seen as one of Gus’s great- sponsors of the bill honoring former in Los Angeles, California, known as est pieces of legislation accomplish- Representative Hawkins. the Watts Finance Office to the Augus- ments because it established a real Madam Speaker, this bill designates tus F. Hawkins Post Office Building. blueprint for moving this country the Federal building located at 10301 Madam Speaker, H.R. 2349 enjoys the ahead in job training and employment, South Compton Avenue, Los Angeles, bipartisan support of the entire Cali- the foundation to every other policy. California, known as the Watts Fi- fornia delegation, Congressman Haw- Throughout his remarkable career in nance Office as the Augustus F. Haw- kins’ former colleagues, and support in public service, Gus has championed the kins Post Office Building. the United States Senate. rights of children, the poor, the elderly H.R. 2349 was referred to the Commit- Madam Speaker, The Washington working people, and minorities. He tee on Transportation and Infrastruc- Post once called Gus Hawkins one of never forgot who he was, where he ture on July 31 of 1997. On October 1 of the most famous unknown men of our came from, nor the people whom he 1998, the Committee on Transportation day. However, many of us knew him as served. It is only fitting that we rise to and Infrastructure discharged the a quiet fighter for racial justice, social pay tribute to him by redesignating measure, and it was referred to the equality, and education for minorities, the Federal building located at 10301 House Committee on Government Re- women and children. Gus committed South Compton Avenue in Los Angeles, form and Oversight. I am pleased that his life to serving others, and his 56 California, known as the Watts Fi- we are able to bring this legislation to years of public service spanned a period nance Office to the Augustus F. Haw- the floor, and I certainly want to con- that included the Great Depression, kins Post Office Building. gratulate the gentlewoman from Cali- World War II, McCarthyism, both the I would again like to thank my col- fornia for her hard work in seeing this Korean and Vietnam wars, the Civil leagues in the California delegation measure to the end. Rights movement, and the war on pov- and all of the cosponsors of this legisla- We had the opportunity to discuss erty. He witnessed the assassination of tion for joining me in a bipartisan fash- the bill at the end of last week, and a President and the resignation of an- ion to pay tribute to a great man, a there was some confusion as to the other. man who would want to be remembered path that this legislation has taken, He was born in Shreveport, Louisi- by his colleagues and friends alike as and I commend her for not being de- ana, in 1907. When he was only 11, he someone who simply loved children, terred by that confusion but sticking and his family moved to Los Angeles to the honorable Augustus F. Hawkins, with it and bringing us to this moment escape the racial discrimination that former distinguished member of the and this opportunity to pass this meas- was prevalent in the south at that U.S. House of Representatives. ure. time. His legislative career began in Madam Speaker, I yield back the bal- Madam Speaker, I know the gentle- the California State Assembly where ance of my time. woman will have a great deal to say he served for 28 years and was often the Mr. MCHUGH. Madam Speaker, with about our former colleague, Augustus legislature’s only black member. His an additional compliment and thank Hawkins. I would just note that, like record in Sacramento includes the pas- you to the gentlewoman from Califor- so many individuals who have had the sage of the State’s first law against nia, I would like to urge all of our col- honor bestowed upon them of a Post discrimination in housing and employ- leagues to support this very worthy Office-naming legislation, he, too, is an ment. He also carried successful State nominee. example of the kind of service, the legislation concerning minimum wages Mrs. MINK of Hawaii. Madam Speaker, I am kind of commitment to community for women, child care centers, workers pleased to rise in support of H.R. 2349, which that I think merits this kind of des- compensation for domestic employees, redesignates the Federal building on South ignation. and the removal of racial designations Compton Ave in Los Angeles, California, Through his service in the California on State documents. known was the Watts Finance Office, as the State legislature for some 28 years, After his remarkable tenure in the ``Augustus Hawkins Post Office Building''. often during that period as the only Af- assembly, Gus was elected and sworn in I had the great privilege to serve in the Con- rican American member, he authored as a member of the 88th Congress in gress with the Honorable Augustus Hawkins some 100 laws attempting to improve 1962. He served as chairman of the from 1965 to 1976. Congressman Hawkins such things as child care, housing and Joint Committee on Printing in the served on the House Committee on Education fair employment. Of course later, when 97th Congress, the Joint Committee on and Labor. He retired in 1990, the year that I in 1962 he was elected to the Congress Libraries in the 97th Congress, as well returned. From 1984 until his retirement he of the United States, he continued to as the Committee on House Adminis- served as Chair of the House Education and make those kinds of contributions and tration in the 97th Congress and the the Labor Committee. those kinds of efforts on behalf of all of 98th Congress, before serving as Chair- There was no greater advocate for workers' his constituents. man of the Committee on Education rights than Gus Hawkins. His Full Employment So I certainly commend the gentle- and Labor in the 101st Congress. Act, passed in 1978, played a significant role woman from California for her dedica- By and large, Gus was known by his in reminding the leaders of this nation that tion to this initiative and for bringing colleagues as a hard-working, trust- until unemployment was at 4% our task was us yet another very deserving designee. worthy, low-key legislator who con- not over. He constantly voiced his great frus- Madam Speaker, I urge all of my col- centrated on issues of importance to tration that our policies were not reaching the leagues to support this measure. his district. He preferred to work be- urban centers and our minority youth. He Madam Speaker, I reserve the bal- hind the scenes and let others capture championed job training and education as the ance of my time. the headlines. He is the author of more key to the future of our nation's workforce. Ms. MILLENDER-McDONALD. than 17 Federal laws, including the Gus Hawkins was the people's legislator al- Madam Speaker, I yield myself such Full Employment and Balanced ways working to improve the quality of life of time as I may consume. Growth Act, Title VII of the Civil those who were struggling to make ends I am pleased to join the gentleman Rights Act, establishing the Equal Em- meet. from New York (Mr. MCHUGH) in bring- ployment Opportunity Commission, One of the last bills he advanced was an ing to the House floor this piece of leg- the Job Training Partnership Act, the omnibus child care bill which he knew was the islation designating a United States fi- School Improvement Act, which re- key to a stable, secure workforce. Today the nance building after a distinguished wrote virtually all major elementary agenda advanced by Gus Hawkins is very and deserving individual. I would like and secondary education programs, and much at the top of our unmet needs. to take this opportunity to thank the the Civil Rights Restoration Act. I stand with others as one of his greatest chairman for his timely consideration In 1978, he coauthored and passed the admirers and urge the passage of H.R. 2349 and his support during the struggle in Humphrey-Hawkins Full Employment as one way to honor his work and to remem- trying to get this bill to the floor. Act, which pledged Federal Govern- ber his commitment to public service. H10606 CONGRESSIONAL RECORD — HOUSE October 12, 1998

Mr. MCHUGH. Madam Speaker, I cations services) electing to comply with the revocation or withdrawal is in the public in- yield back the balance of my time. Code shall submit or execute a change in a terest. Any telecommunications carrier that The SPEAKER pro tempore (Mrs. subscriber’s selection of a provider of tele- fails to elect to comply with the Code shall phone exchange service or telephone toll EMERSON). The question is on the mo- be deemed to have elected to be governed by service only in accordance with the provi- tion offered by the gentleman from the subsection (c) and the Commission’s reg- sions of the Code. ulations thereunder. New York (Mr. MCHUGH) that the ‘‘(B) NEGATIVE OPTION.—A telecommuni- House suspend the rules and pass the ‘‘(c) REGULATIONS OF CARRIERS NOT COM- cations carrier shall not use negative option PLYING WITH CODE.— bill, H.R. 2349. marketing. ‘‘(1) IN GENERAL.—A telecommunications The question was taken; and (two- ‘‘(C) VERIFICATION.—A telecommunications carrier (including a reseller of telecommuni- thirds having voted in favor thereof) carrier that submits the change to an exe- cations services) that has not elected to the rules were suspended and the bill cuting carrier, or that is both a submitting comply with the Code under subsection (b), was passed. and an executing carrier, shall verify the or as to which the election has been with- A motion to reconsider was laid on subscriber’s selection of the carrier in ac- drawn or revoked, shall not submit or exe- cordance with procedures specified in the cute a change in a subscriber’s selection of a the table. Code. provider of telephone exchange service or f ‘‘(D) UNFAIR AND DECEPTIVE ACTS AND PRAC- telephone toll service except in accordance TICES.—No telecommunications carrier, nor TELECOMMUNICATIONS COMPETI- with this subsection and such verification any person acting on behalf of any such car- procedures as the Commission shall pre- TION AND CONSUMER PROTEC- rier, shall engage in any unfair or deceptive scribe. TION ACT OF 1998 acts or practices in connection with the so- ‘‘(2) VERIFICATION.— licitation of a change in a subscriber’s selec- Mr. BLILEY. Madam Speaker, I move ‘‘(A) IN GENERAL.—In order to verify a sub- tion of a telecommunications carrier. to suspend the rules and pass the (H.R. scriber’s selection of a telephone exchange ‘‘(E) NOTIFICATION AND RIGHTS.—A tele- 3888) to amend the Communications service or telephone toll service provider communications carrier shall provide timely Act of 1934 to improve the protection of and accurate notification to the subscriber under this subsection, the telecommuni- consumers against ‘‘slamming’’ by in accordance with procedures specified in cations carrier submitting the change to an telecommunications carriers, and for the Code. executing carrier shall, at a minimum, require the subscriber— other purposes, as amended. ‘‘(F) SLAMMING LIABILITY AND REMEDIES.— ‘‘(i) to affirm that the subscriber is author- The Clerk read as follows: ‘‘(i) REQUIRED REIMBURSEMENT AND CRED- ized to select the provider of that service for H.R. 3888 IT.—A telecommunications carrier that has improperly changed the subscriber’s selec- the telephone number in question; Be it enacted by the Senate and House of Rep- tion of a telecommunications carrier with- ‘‘(ii) to acknowledge the type of service to resentatives of the United States of America in out authorization, shall at a minimum— be changed as a result of the selection; Congress assembled, ‘‘(I) reimburse the subscriber for the fees ‘‘(iii) to affirm the subscriber’s intent to SECTION 1. SHORT TITLE. associated with switching the subscriber select the provider as the provider of that This Act may be cited as the ‘‘Tele- back to their original carrier; and service; communications Competition and Consumer ‘‘(II) provide a credit for any telecommuni- ‘‘(iv) to acknowledge that the selection of Protection Act of 1998’’. cations charges incurred by the subscriber the provider will result in a change in pro- TITLE I—SLAMMING during the period, not to exceed 30 days, viders of that service; and SEC. 101. IMPROVED PROTECTION FOR CONSUM- while that subscriber was improperly ‘‘(v) to provide such other information as ERS. presubscribed. the Commission considers appropriate for (a) CONSUMER PROTECTION PRACTICES.—Sec- ‘‘(ii) PROCEDURES.—The Code shall pre- the protection of the subscriber. tion 258 of the Communications Act of 1934 scribe procedures by which— ‘‘(B) ADDITIONAL REQUIREMENTS.—The pro- (47 U.S.C. 258) is amended to read as follows: ‘‘(I) a subscriber may make an allegation cedures prescribed by the Commission to ver- ‘‘SEC. 258. ILLEGAL CHANGES IN SUBSCRIBER SE- of a violation under clause (i); ify a subscriber’s selection of a provider LECTIONS OF CARRIERS. ‘‘(II) the telecommunications carrier may shall— ‘‘(a) ALTERNATIVE MODES OF REGULATION.— rebut such allegation; ‘‘(i) preclude the use of negative option ‘‘(1) INDUSTRY/COMMISSION CODE.—Within ‘‘(III) the subscriber may, without undue marketing; 180 days after the date of enactment of the delay, burden, or expense, challenge the re- ‘‘(ii) provide for a complete copy of ver- Telecommunications Competition and Con- buttal; and ification of a change in telephone exchange sumer Protection Act of 1998, the Commis- ‘‘(IV) resolve any administrative review of service or telephone toll service provider in sion, after consulting with the Federal Trade such an allegation within 75 days after re- oral, written, or electronic form; Commission and representatives of tele- ceipt of an appeal. ‘‘(iii) require the retention of such verifica- communications carriers providing tele- ‘‘(G) RECORDKEEPING.—A telecommuni- tion in such manner and form and for such phone toll service and telephone exchange cations carrier shall make and maintain a time as the Commission considers appro- service, State commissions, and consumers, record of the verification process and shall priate; and considering any proposals developed by provide a copy to the subscriber immediately ‘‘(iv) mandate that verification occur in such representatives, shall prescribe, after upon request. the same language as that in which the notice and public comment and in accord- ‘‘(H) QUALITY CONTROL.—A telecommuni- change was solicited; and ance with subsection (b), a Code of Sub- cations carrier shall institute a quality con- ‘‘(v) provide for verification to be made scriber Protection Practices (hereinafter in trol program to prevent inadvertent changes available to a subscriber on request. this section referred as the ‘Code’) governing in a subscriber’s selection of a carrier. ‘‘(C) NOTICE TO SUBSCRIBER.—Whenever a changes in a subscriber’s selection of a pro- ‘‘(I) INDEPENDENT AUDITS.—A telecommuni- telecommunication carrier submits a change vider of telephone exchange service or tele- cations carrier shall provide the Commission in a subscriber’s selection of a provider of phone toll service. with an independent audit regarding its com- telephone exchange service or telephone toll ‘‘(2) OBLIGATION TO COMPLY.—No tele- pliance with the Code at intervals prescribed service, such telecommunications carrier communications carrier (including a reseller by the Code. The Commission may require a shall clearly notify the subscriber in writing, of telecommunications services) shall submit telecommunications carrier to provide an not more than 15 days after the change is or execute a change in a subscriber’s selec- independent audit on a more frequent basis if submitted to the executing carrier— tion of a provider of telephone exchange there is evidence that such telecommuni- ‘‘(i) of the subscriber’s new carrier; and service or telephone toll service except in ac- cations carrier is violating the Code. ‘‘(ii) that the subscriber may request infor- cordance with— ‘‘(2) ELECTION BY CARRIERS.—Each tele- mation regarding the date on which the ‘‘(A) the Code, if such carrier elects to communications carrier electing to comply change was agreed to and the name of the in- comply with the Code in accordance with with the Code shall file with the Commission dividual who authorized the change. subsection (b)(2); or within 20 days after the adoption of the ‘‘(3) LIABILITY FOR VIOLATIONS.— ‘‘(B) the requirements of subsection (c), Code, or within 20 days after commencing op- ‘‘(A) NOTIFICATION OF CHANGE.—The first if— erations as a telecommunications carrier, a bill issued after the effective date of a ‘‘(i) the carrier does not elect to comply statement electing the Code to govern such change in a subscriber’s provider of tele- with the Code under subsection (b)(2); or carrier’s submission or execution of a change phone exchange service or telephone toll ‘‘(ii) such election is revoked or within a customer’s selection of a provider of service by the executing carrier for such drawn. telephone exchange service or telephone toll change shall— ‘‘(b) MINIMUM PROVISIONS OF THE CODE.— service. Such election by a carrier may not ‘‘(i) prominently disclose the change in ‘‘(1) SUBSCRIBER PROTECTION PRACTICES.— be revoked or withdrawn unless the Commis- provider and the effective date of such The Code required by subsection (a)(1) shall sion finds that there is good cause therefor, change; include provisions addressing the following: including a determination that the carrier ‘‘(ii) contain the name and toll-free num- ‘‘(A) IN GENERAL.—A telecommunications has failed to adhere in good faith to the ap- ber of any telecommunications carrier for carrier (including a reseller of telecommuni- plicable provisions of the Code, and that the such new service; and October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10607 ‘‘(iii) direct the subscriber to contact the clause (iii). Either such complaint shall be ‘‘(B) on behalf of any subscriber, to collect executing carrier if the subscriber believes filed not later than 6 months after the date any damages awarded the subscriber under that such change was not authorized and on which any subscriber whose allegation is this subsection. that the change was made in violation of included in the complaint submitted an alle- ‘‘(d) APPLICATION TO WIRELESS.—This sec- this subsection, and contain the toll-free gation of the violation to the executing car- tion does not apply to a provider of commer- number by which to make such contact. rier under subparagraph (B)(ii). Either such cial mobile service. ‘‘(B) AUTOMATIC SWITCH-BACK OF SERVICE complaint may seek determinations under ‘‘(e) COMMISSION REQUIREMENTS.— AND CREDIT TO CONSUMER OF CHARGES.— this paragraph with respect to multiple al- ‘‘(1) SEMIANNUAL REPORTS.—Every 6 ‘‘(i) OBLIGATIONS OF EXECUTING CARRIER.—If leged violations in accordance with such pro- months, the Commission shall compile and a subscriber of telephone exchange service or cedures as the Commission shall establish in publish a report ranking telecommuni- telephone toll service makes an allegation, the rules prescribed under this subparagraph. cations carriers by the percentage of verified orally or in writing, to the executing carrier ‘‘(ii) DETERMINATION OF VIOLATION AND REM- complaints, excluding those generated by the that a violation of this subsection has oc- EDIES.—In a proceeding under this subpara- carrier’s unaffiliated resellers, compared to curred with respect to such subscriber— graph, if the Commission determines that a the number of the carrier’s changes in a sub- ‘‘(I) the executing carrier shall, without violation of this subsection has occurred, scriber’s selection of a provider of telephone charge to the subscriber, execute an imme- other than an inadvertent or unintentional exchange service and telephone toll service. diate change in the provider of the telephone violation, the Commission shall award dam- ‘‘(2) INVESTIGATION.—If a telecommuni- service that is the subject of the allegation ages— cations carrier is listed among the 5 worst to restore the previous provider of such serv- ‘‘(I) to the telecommunications carrier fil- performers based upon the percentage of ice for the subscriber; ing the complaint, in an amount equal to the verified complaints, excluding those gen- ‘‘(II) the executing carrier shall provide an sum of (aa) the gross amount of charges that erated by the carrier’s unaffiliated resellers, immediate credit to the subscriber’s account the carrier would have received from the compared to its number of carrier selection for any charges for executing the original subscriber during the violation, and (bb) $500 changes in the semiannual reports 3 times in change of service provider; per violation; and succession, the Commission shall investigate ‘‘(III) if the executing carrier conducts bill- ‘‘(II) to the subscriber that was subjected the carrier’s practices regarding subscribers’ ing for the carrier that is the subject of the to the violation, in the amount of $500. selections of providers of telephone exchange allegation, the executing carrier shall pro- ‘‘(iii) DETERMINATION OF NO VIOLATION.—If service and telephone toll service. If the vide an immediate credit to the subscriber’s the Commission determines that a violation Commission finds that the carrier is mis- account for such service, in an amount equal of this subsection has not occurred, the Com- representing adherence to the Code or is to any charges for the telephone service that mission shall order that any credit provided willfully and repeatedly changing subscrib- is the subject of the allegation incurred dur- to the subscriber under subparagraph (B)(ii) ers’ selections of providers, it shall find such ing the period— be reversed, or that the carrier may resub- ‘‘(aa) beginning upon the date of the mit a bill for the amount of the credit to the carrier to be in violation of this section and change of service that is the subject of the subscriber notwithstanding any discharge shall fine the carrier up to $1,000,000. allegation; and under subparagraph (B)(ii). ‘‘(3) CODE REVIEW.—Every 2 years, the Com- mission shall review the Code to ensure its ‘‘(bb) ending on the earlier of the date that ‘‘(iv) SPEEDY RESOLUTION OF COMPLAINTS.— the subscriber is restored to the previous The procedure established under this sub- requirements adequately protect subscribers provider, or 30 days after the date the bill de- paragraph shall provide for a determination from improper changes in a subscriber’s se- scribed in subparagraph (A) is issued; and of each complaint filed under the procedure lection of a provider of telephone exchange ‘‘(IV) the executing carrier shall recover not later than 6 months after filing. service and telephone toll service. the costs of executing the change in provider ‘‘(D) MAINTENANCE OF INFORMATION.— ‘‘(f) ACTIONS BY STATES.— to restore the previous provider, and any ‘‘(i) IN GENERAL.—The Commission shall, ‘‘(1) IN GENERAL.—Whenever an attorney credits provided under subclause (II) and by rule, require each executing carrier to general of any State has reason to believe (III), by recourse to the provider that is the maintain information regarding each alleged that the interests of the residents of that subject of the allegation. violation of this subsection of which the car- State have been or are being threatened or ‘‘(ii) OBLIGATIONS OF CARRIERS NOT BILLING rier has been notified. adversely affected because any person has THROUGH EXECUTING CARRIERS.—If a sub- ‘‘(ii) CONTENTS.—The information required violated the Code or subsection (c), or any scriber of telephone exchange service or tele- to be maintained pursuant to this paragraph rule or regulation prescribed by the Commis- phone toll service transmits, orally or in shall include, for each alleged violation of sion under subsection (c), the State may writing, to any carrier that does not use an this subsection, the effective date of the bring a civil action on behalf of its residents executing carrier to conduct billing an alle- change of service involved in the alleged vio- in an appropriate district court of the United gation that a violation of this subsection has lation, the name of the provider of the serv- States to enjoin such violation, to enforce occurred with respect to such subscriber, the ice to which the change was made, the name, compliance with such Code, subsection, rule, carrier shall provide an immediate credit to address, and telephone number of the sub- or regulation, to obtain damages on behalf of the subscriber’s account for such service, and scriber who was subject to the alleged viola- their residents, or to obtain such further and the subscriber shall, except as provided in tion, and the amount of any credit provided other relief as the court may deem appro- subparagraph (C)(iii), be discharged from li- under subparagraph (B)(ii). priate. ability, for an amount equal to any charges ‘‘(iii) FORM.—The Commission shall pre- ‘‘(2) NOTICE.—The State shall serve prior for the telephone service that is the subject scribe one or more computer data formats written notice of any civil action under para- of the allegation incurred during the pe- for the maintenance of information under graph (1) upon the Commission and provide riod— this paragraph, which shall be designed to fa- the Commission with a copy of its com- ‘‘(I) beginning upon the date of the change cilitate submission and compilation pursu- plaint, except that if it is not feasible for the of service that is the subject of the allega- ant to this subparagraph. State to provide such prior notice, the State tion; and ‘‘(iv) MONTHLY REPORTS.—Each executing shall serve such notice immediately upon in- ‘‘(II) ending on the earlier of the date that carrier shall, on not less than a monthly stituting such action. Upon receiving a no- the subscriber is restored to the previous basis, submit the information maintained tice respecting a civil action, the Commis- provider, or 30 days after the date the bill de- pursuant to this subparagraph to the Com- sion shall have the right (A) to intervene in scribed in paragraph (1) is issued. mission. such action, (B) upon so intervening, to be ‘‘(iii) TIME LIMITATION.—This subparagraph ‘‘(v) ACCESS TO INFORMATION.—The Com- heard on all matters arising therein, and (C) shall apply only to allegations made by submission shall make the information submit- to file petitions for appeal. scribers before the expiration of the 1-year ted pursuant to clause (iv) available upon re- ‘‘(3) VENUE.—Any civil action brought period that begins on the issuance of the bill quest to any telecommunications carrier. under this section in a district court of the described in subparagraph (A). Any telecommunications carrier obtaining United States may be brought in the district ‘‘(C) PROCEDURE FOR CARRIER REMEDY.— access to such information shall use such in- wherein the defendant is found or is an in- ‘‘(i) IN GENERAL.—The Commission shall, formation exclusively for the purposes of in- habitant or transacts business or wherein by rule, establish a procedure for rendering vestigating, filing, or resolving complaints the violation occurred or is occurring, and determinations with respect to violations of under this section. process in such cases may be served in any this subsection. Such procedure shall permit ‘‘(4) CIVIL PENALTIES.—Unless the Commis- district in which the defendant is an inhab- such determinations to be made upon the fil- sion determines that there are mitigating itant or wherever the defendant may be ing of (I) a complaint by a telecommuni- circumstances, violation of this subsection is found. cations carrier that was providing telephone punishable by a forfeiture of not less than ‘‘(4) INVESTIGATORY POWERS.—For purposes exchange service or telephone toll service to $40,000 for the first offense, and not less than of bringing any civil action under this sec- a subscriber before the occurrence of an al- $150,000 for each subsequent offense. tion, nothing in this Act shall prevent the leged violation, and seeking damages under ‘‘(5) RECOVERY OF FORFEITURES.—The Com- attorney general from exercising the powers clause (ii), or (II) a complaint by a tele- mission may take such action as may be nec- conferred on the attorney general by the communications carrier that was providing essary— laws of such State to conduct investigations services after the alleged violation, and ‘‘(A) to collect any forfeitures it imposes or to administer oaths or affirmations or to seeking a reinstatement of charges under under this subsection; and compel the attendance of witnesses or the H10608 CONGRESSIONAL RECORD — HOUSE October 12, 1998 production of documentary and other evi- in telephone subscriber carrier selections. 404(1) shall be 3 years rather than 5 years and dence. The study shall include— the waiver authority of the Commission ‘‘(5) EFFECT ON STATE COURT PROCEED- (1) an analysis of the cost of establishing a shall apply to such 3-year period. INGS.—Nothing contained in this subsection single national or several independent data- (c) CALCULATION OF LICENSE FEE.— shall prohibit an authorized State official bases or clearinghouses to verify and submit (1) FEE REQUIRED.—The Commission shall from proceeding in State court on the basis changes in carrier selections; establish a fee for each of the licenses under of an alleged violation of any general civil or (2) the additional cost to carriers, per the covered rural service area licensing pro- criminal statute of such State. change in carrier selection, to fund the ongo- ceeding. In determining the amount of the ‘‘(6) LIMITATION.—Whenever the Commis- ing operation of any or all such independent fee, the Commission shall consider— sion has instituted a civil action for viola- databases or clearinghouses; and (A) the average price paid per person tion of this section or any rule or regulation (3) the advantages and disadvantages of served in the Commission’s Cellular thereunder, no State may, during the pend- utilizing independent databases or clearing- Unserved Auction (Auction No. 12); and ency of such action instituted by the Com- houses for verifying and submitting carrier (B) the settlement payments required to be mission, subsequently institute a civil action selection changes. paid by the permittees pursuant to the con- against any defendant named in the Commis- TITLE II—SPAMMING sent decree set forth in the Commission’s sion’s complaint for violation of any rule as order, In re the Tellesis Partners (7 FCC Rcd SEC. 201. SENSE OF THE CONGRESS. alleged in the Commission’s complaint. 3168 (1992)), multiplying such payments by It is the sense of the Congress that— ‘‘(7) ACTIONS BY OTHER STATE OFFICIALS.—In two. (1) in order to avoid interference with the addition to actions brought by an attorney (2) NOTICE OF FEE.—Within 30 days after rapid development and expansion of com- general of a State under paragraph (1), such the date an applicant files the amended ap- merce over the Internet, the Congress should an action may be brought by officers of such plication permitted by section 501(a)(2), the decline to enact regulatory legislation with State who are authorized by the State to Commission shall notify each applicant of respect to unfair or intrusive practices on bring actions in such State for protection of the fee established for the license associated the Internet that the private sector can, consumers. with its application. given a sufficient opportunity, deter or pre- ‘‘(g) STATE LAW NOT PREEMPTED.— (d) PAYMENT FOR LICENSES.—No later than ‘‘(1) IN GENERAL.—Nothing in this section vent; and May 31, 2000, each applicant shall pay to the or in the regulations prescribed under this (2) it is the responsibility of the private Commission the fee established pursuant to section shall preempt any State law that im- sector to use that opportunity promptly to subsection (c) of this section for the license poses requirements, regulations, damages, adopt, implement, and enforce measures to granted under subsection (a). deter and prevent the improper use of unso- costs, or penalties on changes in a subscrib- (e) AUCTION AUTHORITY.—If, after the er’s selection of a provider of telephone ex- licited commercial electronic mail. amendment of an application pursuant to change service or telephone toll service TITLE III—GWCS AUCTION DEADLINE section 401(a)(2) of this title, the Commission that— SEC. 301. ELIMINATION OF ARBITRARY AUCTION finds that the applicant is ineligible for ‘‘(A) are less restrictive than those im- DEADLINE. grant of a license to provide cellular radio- posed under this section; or Section 309(j)(9) of the Communications telephone services for a rural service area or ‘‘(B) are not inconsistent with those im- Act of 1934 (47 U.S.C. 309(j)(9)) is amended by the applicant does not meet the require- posed under this section, and were enacted striking ‘‘, not later than 5 years after the ments under subsection (b) of this section, prior to the date of enactment of the Tele- date of enactment of this subsection,’’. the Commission shall grant the license for communications Competition and Consumer TITLE IV—REINSTATEMENT OF CERTAIN which the applicant is the tentative selectee Protection Act of 1998. APPLICANTS (pursuant to section 401(a)(1)) by competitive ‘‘(2) EFFECT ON STATE COURT PROCEED- bidding pursuant to section 309(j) of the SEC. 401. REINSTATEMENT OF APPLICANTS AS INGS.—Except as provided in subsection (f)(6), TENTATIVE SELECTEES. Communications Act of 1934 (47 U.S.C. 309(j)). nothing contained in this section shall be (a) IN GENERAL.—Notwithstanding the SEC. 403. PROHIBITION OF TRANSFER. construed to prohibit an authorized State of- order of the Federal Communications Com- During the 5-year period that begins on the ficial from proceeding in State court on the mission in the proceeding described in sub- date that an applicant is granted any license basis of an alleged violation of any general section (b), the Commission shall— pursuant to section 401, the Commission may civil or criminal statute of such State or any (1) reinstate each applicant as a tentative not authorize the transfer or assignment of specific civil or criminal statute of such selectee under the covered rural service area that license under section 310 of the Commu- State not preempted by this section. licensing proceeding; and nications Act of 1934 (47 U.S.C. 310). Nothing ‘‘(h) RULES OF CONSTRUCTION.— (2) permit each applicant to amend its ap- in this title may be construed to prohibit ‘‘(1) CHANGE INCLUDES INITIAL SELECTION.— plication, to the extent necessary to update any applicant granted a license pursuant to For purposes of this section, the initiation of section 401 from contracting with other li- telephone toll service to a subscriber by a factual information and to comply with the rules of the Commission, at any time before censees to improve cellular telephone serv- telecommunications carrier shall be treated ice. as achange in selection of a provider of tele- the Commission’s final licensing action in SEC. 404. DEFINITIONS. phone toll service. the covered rural service area licensing proceeding. For the purposes of this title, the following ‘‘(2) ACTION BY UNAFFILIATED RESELLER NOT (b) EXEMPTION FROM PETITIONS TO DENY.— definitions shall apply: IMPUTED TO CARRIER.—No telecommuni- For purposes of the amended applications (1) APPLICANT.—The term ‘‘applicant’’ cations carrier may be found in violation of filed pursuant to section 501(a)(2), the provi- means— this section solely on the basis of a violation sions of section 309(d)(1) of the Communica- (A) Great Western Cellular Partners, a of this section by an unaffiliated reseller of tions Act of 1934 (47 U.S.C. 309(d)(1)) shall not California general partnership chosen by the that carrier’s services or facilities. ‘‘(i) DEFINITIONS.—For purposes of this sec- apply. Commission as tentative selectee for RSA tion: (c) PROCEEDING.—The proceeding described #492 on May 4, 1989; ‘‘(1) SUBSCRIBER.—The term ‘subscriber’ in this subsection is the proceeding of the (B) Monroe Telephone Services L.P., a means the person named on the billing state- Commission In re Applications of Cellwave Delaware limited partnership chosen by the ment or account, or any other person au- Telephone Services L.P, Futurewave General Commission as tentative selectee for RSA thorized to make changes in the providers of Partners L.P., and Great Western Cellular #370 on August 24, 1989 (formerly Cellwave telephone exchange service or telephone toll Partners, 7 FCC Rcd No. 19 (1992). Telephone Services L.P.); and service. SEC. 402. CONTINUATION OF LICENSE PROCEED- (C) FutureWave General Partners L.P., a ING; FEE ASSESSMENT. ‘‘(2) EXECUTING CARRIER.—The term ‘exe- Delaware limited partnership chosen by the cuting carrier’ means, with respect to any (a) AWARD OF LICENSES.—The Commission Commission as tentative selectee for RSA change in the provider of local exchange shall award licenses under the covered rural #615 on May 25, 1990. service or telephone toll service, the local service area licensing proceeding within 90 (2) COMMISSION.—The term ‘‘Commission’’ exchange carrier that executed such change. days after the date of the enactment of this means the Federal Communications Com- ‘‘(3) ATTORNEY GENERAL.—The term ‘attor- title. mission. ney general’ means the chief legal officer of (b) SERVICE REQUIREMENTS.—The Commis- (3) COVERED RURAL SERVICE AREA LICENSING a State.’’. sion shall provide that, as a condition of an PROCEEDING.—The term ‘‘covered rural serv- (b) NTIA STUDY OF THIRD-PARTY ADMINIS- applicant receiving a license pursuant to the ice area licensing proceeding’’ means the TRATION.—Within 180 days of enactment of covered rural service area licensing proceed- proceeding of the Commission for the grant this Act, the National Telecommunications ing, the applicant shall provide cellular ra- of cellular radiotelephone licenses for rural and Information Administration shall report diotelephone service to subscribers in ac- service areas #492 (Minnesota 11), #370 (Flor- to the Committee on Commerce of the House cordance with sections 22.946 and 22.947 of the ida 11), and #615 (Pennsylvania 4). of Representatives and the Committee on Commission’s rules (47 CFR 22.946, 22.947); ex- (4) TENTATIVE SELECTEE.—The term ‘‘ten- Commerce, Science, and Transportation of cept that the time period applicable under tative selectee’’ means a party that has been the Senate on the feasibility and desirability section 22.947 of the Commission’s rules (or selected by the Commission under a licens- of establishing a neutral third-party admin- any successor rule) to the applicants identi- ing proceeding for grant of a license, but has istration system to prevent illegal changes fied in subparagraphs (A) and (B) of section not yet been granted the license because the October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10609 Commission has not yet determined whether The version reported by the commit- with the non-Code regulations. The penalties the party is qualified under the Commis- tee included provisions that would would apply equally to those companies that sion’s rules for grant of the license. have brought an end to the thickening have either not elected the Code, or who have The SPEAKER pro tempore. Pursu- legal and regulatory quagmire that the elected the Code, then lost their Code status. ant to the rule, the gentleman from C-block has become. Unfortunately, Thus, by adopting the Code provisions of H.R. Virginia (Mr. BLILEY) and the gen- though, CBO and OMB allege that the 3888, Congress intended adherence to the tleman from Michigan (Mr. DINGELL) committee’s C-block provisions are too Code to represent a ``safe harbor'' with regard each will control 20 minutes. costly. This is misguided, as well as to the fines and punishments reserved for The Chair recognizes the gentleman shortsighted. non-Code carriers. Accordingly, the FCC, as it from Virginia (Mr. BLILEY). At this rate, the government will end prescribes the Code, is not authorized to im- GENERAL LEAVE up with very little to show for all of its pose penalties (beyond reimbursement) on Mr. BLILEY. Madam Speaker, I ask efforts in trying to resolve the C-block carriers who elect and abide by the Code. unanimous consent that all Members debacle. The taxpayers will be lucky if H.R. 3888 further demonstrates Congress' may have 5 legislative days within they get 10 cents on the dollar. Mean- intention that, where a consumer is improperly which to revise and extend their re- while, scarce and valuable spectrum switched to a new carrier without authoriza- marks and include extraneous material sits on the shelf, collecting dust rather tion, the consumer may be reimbursed for on the bill now under consideration. than promoting competition for mobile fees associated with being switched back to The SPEAKER pro tempore. Is there services. the original carrier and be credited for tele- objection to the request of the gen- It is a bit like that advertisement communications charges incurred for up to 30 tleman from Virginia? from Fram oil filters where the fellow days while the consumer was improperly sub- There was no objection. says, ‘‘You can pay me now, or you can scribed. The legislation directs that the Code Mr. BLILEY. Madam Speaker, I yield pay me later.’’ We ought to be facing shall prescribe a method for a consumer to myself 5 minutes. make an allegation of a violation, for the car- Madam Speaker, I rise in strong sup- the inevitable in recycling the C-block rier to rebut the allegation, and for the con- port of H.R. 3888 and against the mess today, but we are not, and that is sumer to challenge the rebuttal. Thus, a con- scourge of ‘‘slamming.’’ The practice of regrettable indeed. Mark my words, sumer will not receive a credit where the car- slamming will only increase as com- Congress at some point will have to rier has, by providing proof of verification, suc- petition expands into the local tele- step in and resolve this mess, and then cessfully rebutted the allegation that the con- phone and short-haul telephone mar- the cost will be substantially higher sumer was switched improperly. kets. While I want competition to de- than the CBO and OMB allege that it is The legislation also directs, in cases involv- velop, slamming should not. Indeed, today. ing slamming allegations against non-Code my wife and I were slammed, so I like In closing, Madam Speaker, I want to carriers, that the local exchange carrier auto- to think that I bring a little first-hand thank the hard work of our tele- matically switch consumers back to their pre- knowledge to the issue. communications chair, the gentleman In the Telecommunications Act of from Louisiana (Mr. TAUZIN). viously authorized carrier. The Manager's 1996, we gave the FCC significant au- Lastly, let me thank my good Amendment now clarifies that the previously thority to eliminate slamming, but for friends, the gentleman from Michigan authorized carrier is the one that is ``reflected some reason they have decided not to (Mr. DINGELL), the ranking member of in the records of the executing carrier.'' It is use it. Accordingly, we find it nec- the committee, and the gentleman possible that the local exchange carrier's essary to again address the issue of from Massachusetts (Mr. MARKEY), the records may not reflect the consumer's true slamming legislatively. But this time ranking member of the subcommittee, choice of carriers, if that choice was a long we have removed a significant portion for their valuable input. distance reseller. Thus, a question arises as to of the flexibility given to the FCC. In While I would have preferred this leg- how consumers will be assured they are its place, we have spelled out a twofold islation to include provisions to resolve switched back to their carrier of choice. The approach to eliminate slamming. the C-block matter, it is still a good Committee intends that an executing carrier In the first instance, we allow car- bill, and it deserves the support of the will restore a subscriber to the originally au- riers to self-regulate. The carriers have Members of the House. thorized carrier, as specified by the subscriber, said that they want to eliminate slam- Mr. Speaker, the Manager's Amendment to with a minimum of disruption. The Committee ming, and we will see if they can live H.R. 3888, which the House is considering recognizes that there may be difficulty in iden- up to their word. today, includes several changes to the version tifying the subscriber's originally authorized For those carriers that cannot, they of the bill reported by the Commerce Commit- carrier, particularly when the originally author- will be subject to the heavy hand of tee. I therefore would like to supplement the ized carrier is a switchless reseller. For this FCC regulation. We anticipate that legislative history contained in the Commit- reason, the Committee intends that the FCC carriers will see the light and stop tee's report so as to reflect the changes in the address this issue as it promulgates rules im- slamming on their own. In fact, I very Manager's Amendment. plementing this legislation. recently received a letter from many of SLAMMING Finally, one of the important compromises the carriers from the telecommuni- I am pleased that, as amended by the Com- we have made in crafting the Manager's cations industry endorsing this legisla- merce Committee, H.R. 3888 takes a non- Amendment deals with the applicability of ex- tion. By giving the industry an oppor- regulatory and less bureaucratic approach isting State law. This provision protects both tunity to lead on this issue, we are try- than the earlier Subcommittee-approved ver- Federal and State prerogratives. We are mind- ing to avoid imposing the kind of regu- sion of this bill. As a consequence, there are ful of the appropriate prerogatives of State leg- lation that would raise the cost of associated cost benefits for smaller, entre- islatures and State regulatory agencies in this doing business and serve as a barrier to preneurial companies. In adopting the Code of area. At the same time, Congress would be entry for entrepreneurs. Subscriber Protection Practices provisions of abdicating its responsibilities if it did not en- At the same time, we have provided H.R. 3888, we seek to provide a two-pronged sure that a national framework was in place to for significant penalties for those com- approach to encourage carriers to adopt pro- guard against balkanization of appropriate pol- panies that choose to violate the law. consumer practices. icy to protect consumers and to safeguard We have also achieved a balance be- Carriers can accede to the high level of competition. Consumers will not be protected tween the need to give companies the oversight and cooperation required under the from nefarious ``slamming'' practices unless ability to standardize their business Code, including record keeping requirements, we can assure them that a consistent national practices and keep their costs low and instituting a quality control program for inad- remedy is in place. Similarly, we cannot guard the need to allow State officials to en- vertent slamming, and importantly, submitting against excessive costs in the provision of force State statutes against consumer to independent audits. These carriers are ac- telecommunications services unless we adopt fraud. countable for any questionable behavior, they this consensus legislative formula for bal- Let me also point out that the man- must refund charges found to be improper, ancing respective Federal and State interests. ager’s amendment to H.R. 3888 that we and they may lose their Code status for failure C±BLOCK are considering today does not include to adhere in good faith to applicable provisions As I stated earlier, the Manager's Amend- provisions that would resolve the C- of the Code. Carriers that lose their Code sta- ment to H.R. 3888 does not include provisions block P–C–S auction debacle. tus may be subject to penalties in accordance to address the growing C-block debacle. This H10610 CONGRESSIONAL RECORD — HOUSE October 12, 1998 is unfortunate, given that the country now censing certain C-block licensees effectively CBO and OMB, whose ledger sheets tell us faces a deteriorating spectrum managements cut the legs out from under the entire C-block. that a rescission is too costly. I look forward crisis. Consequently, less than 10 percent of the C- to seeing what their ledger sheets have to say Five years ago Congress passed legislation, block licenses are in productive use for Amer- in several months, after more court rulings like subsequently signed into law as part of the ican consumers; the rest are in bankruptcy, re- the Fifth Circuit's. My guess is that Congress Omnibus Budget Reconciliation Act of 1993, turned to the FCC, or otherwise still on the will say that H.R. 3888, as reported by the that fundamentally changed how spectrum sideline. A 10 percent success rate five years Committee, would have been a bargain, had was to be licensed in this country. Congress after the law was passed is unacceptable. we only accepted the offer. recognized the shortcomings of both the com- What is particularly vexing, however, is that, RURAL CELLULAR SERVICE parative hearing process, which was too since early 1997, the Commerce Committee Title IV of the Manager's Amendment to lengthy and inefficient, and the lottery process, has repeatedly reminded the FCC about the H.R. 3888 better serves the public interest by which was inequitable and short-changed the importance of deploying spectrum-based serv- guaranteeing that the taxpayer will benefit di- American people, when they were applied in ices as rapidly as possible. We have devoted rectly. In exchange for removing certain serv- certain instances of licensing. significant time and energy offering restructur- ice obligations which exceeded the require- Congress determined that, in certain very ing solutions that, had they been adopted, ments imposed upon other cellular licensees, specific instances, where mutually exclusive might have avoided the mess the C-block has the Commission will establish a fee for each of applications were filed for a license, a system become. the licenses based on average auction prices of competitive bidding would be a better solu- At a recent hearing on the C-block matter for similar markets and prior settlement agree- tion. Congress found that an auction is faster before the Commerce Committee, it was clear ments reached with similarly situated RSA li- than a comparative hearing, puts the license that the Commission is unable or unwilling to censees. This provision will ensure that the presumably in the hands of the person who take the steps necessary to resolve these applicants that are the subject of Title IV of values it the most, and it recoups for the pub- bankruptcy matters as expeditiously as pos- H.R. 3888 are treated in the same manner as lic `à portion of the value of the public spec- sible in fulfillment of its statutory obligation to other similarly situated RSA licensees who trum resource made available for commercial help bring service to the public. It is now time also entered into a settlement agreement with use.'' for Congress to step in and solve the problem the Commission and made appropriate pay- The goal of the 1993 spectrum law is wholly as best it can: the fairest way to all parties is ments to the U.S. Treasury. consistent with the bedrock principle that is at to simply unwind the C-block auction, like any Hon. THOMAS J. BLILEY, JR., the very foundation of the Communications commercial transaction gone wrong, and re-do Chairman, House Committee on Commerce, the deal. That is precisely what H.R. 3888, as Washington, DC, October 10, 1998. Act. That goal is to get licenses in the hands Re: H.R. 3888, the Telecommunications Com- of entities as quickly and efficiently as possible reported by the Commerce Committee, would have doneÐit would have put licensees and petition and Consumer Protection Act of so that they in turn, are able to deliver serv- 1998 ices to very core of the 1993 law. That is how those who bid for licenses as close to back to DEAR CHAIRMAN BLILEY: We wish to express Congress and the FCC best serve the public where they were before the auction took our support for H.R. 3888, the Telecommuni- interest. And, on balance, the Commission place. cations Competition and Consumer Protec- had done a creditable job of instituting the To the degree there was concern about the tion Act of 1998. Consumers need action now to protect them against the continued prob- competitive bidding process. budget impact of this proposal, I would point out that it has been difficult to gauge the real lem of slamming. We believe that this anti- As part of the spectrum law, Congress also slamming legislation provides a market- intended to create a more competitive land- budgetary impact of Congressional action. I have serious questions about the cost esti- based incentive for industry to address the scape in the wireless market by `àvoiding ex- slamming problem by self-regulation, backed cessive concentration of licenses and by dis- mates provided by both CBO and OMB, given up by increased FCC regulation for compa- seminating licenses among a wide variety of the uncertainty surrounding the C-block re- nies that elect not to participate in an indus- applicants.'' The FCC responded to that statu- auction, the bankruptcies and related litigation. try-driven Code of Subscriber Protection Neither CBO nor OMB has been able to pro- Practices. tory mandate with the creation of an `èntre- We commend you and your colleagues for preneurs' block'' (the so-called ``C block'') of li- vide firm data to back up this estimate. Rather than focusing these fictional account- your bi-partisan efforts in addressing this censes that would be made available to small ing estimates, instead, we should recognize important issue. The statutory changes set businesses, and would not be available to the that this could have been an opportunity for a forth in H.R. 3888, together with tough en- incumbents. The auction for those license forcement by the FCC, should serve to rid real solution to the C-block dilemma. The pub- the industry of the scourge of slamming. closed in May 1996. lic policy goal of bringing service to the public Since that time, the C block has turned into Sincerely, is best served by mandating a rescission of a nightmare. The Commission's post-auction American carriers Telecommunications the C-block auction and to have all the li- Association (ACTA) behavior undermined the goal of the statuteÐ censes, including those that are currently in AT&T Corp. to get licenses in the hands of licensees as bankruptcy and default, available to be re-auc- Bell Atlantic quickly and efficiently as possible so that serv- tioned as quickly as possible. BellSouth ice to the public is forthcoming expeditiously. Instead, by not acting today, Congress will Cable & Wireless The statute explicitly contemplates that the proling this debacle. I can assure you that our Competitive Telecommunications Asso- ciation (CompTel) end of the auction and subsequent evaluation inaction will only lead to more bankruptcies as of the qualifications of a high bidder to hold a Excel Communications more and more C-block licensees who today Frontier Corp. spectrum license must be conducted as con- are still technically ``solvent'' but in reality are temporaneously as possible. By creating an GTE Corp. teetering on the edge of bankruptcy. Best esti- MCI Worldcom unreasonable and inexplicable delay between mates are that, with these additional bank- Telecommunications Resellers Associa- these two events for some of the largest bid- ruptcies, licensees serving 85% or more of the tion (TRA) ders with biggest footprints, the FCC exposed population will be `ùnder water.'' US West these two events for some of the largest bid- So Congress should be on notice: one inac- Madam Speaker, I reserve the bal- ders with biggest footprints, the FCC exposed tion will result in more lawsuits against the ance of my time. these bidders to the risk that market forces government, and thus more taxpayer dollars Mr. DINGELL. Madam Speaker, I might alter the assumptions on which bids being spent on costly bankruptcy litigation. In- yield myself 5 minutes. were made in ways no one could have antici- deed, just last week, a federal appeals court Madam Speaker, I want to commend pated. These bidders were powerless during in New Orleans upheld a judgment against the and thank my colleagues on the com- the unexpected and unjustifiable licensing FCC in favor of the third largest C-block li- mittee for the work that they have process that followed the close of the auction censee, General Wireless Inc. The court re- done. The gentleman from Virginia and totally exposed to the vagaries of the duced the licensee's debt to 16 cents on the (Mr. BLILEY) the chairman of the com- commercial marketplace. dollar. More judgments like this are sure to fol- mittee; the gentleman from Louisiana Many other C-block licensees were, in some low, and all the while the public/taxpayer is (Mr. TAUZIN), the chairman of the sub- measure, waiting for resolution of the licensing denied competitive new wireless service while committee, and their staffs. I also want process for the largest bidders to develop stra- the FCC pursues this absurd course of costly, to commend my good friend, the gen- tegic alliances and to put their own business pointless litigation. tleman from Massachusetts (Mr. MAR- plans in place. Thus, the Commission's failure Congress should step in and stop this folly KEY), for having worked closely with to act in a timely and responsible fashion in li- now. Instead, we're going to follow the lead of me. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10611 We have put together a good piece of to protect themselves without undue offer H.R. 3888, entitled the Tele- legislation, and I commend my col- government regulation. I am hopeful communications Competition and Con- leagues whom I have mentioned by that next year this will be addressed. sumer Protection Act of 1998. Why is it name and many others that I have not Finally, I note that I regret that the called the Consumer Protection Act? for their valuable participation in this amendment does not include the text Because it is designed to protect con- matter. of Title III of H.R. 3888, which consumers against this awful practice b 1630 cerned the C-block PCS licensees. I where telephone companies switch would note that our chairman has your service without your permission, I rise in strong support of H.R. 3888, made a comment which I fully endorse. often in some fraudulent fashion. the Telecommunications Competition He has identified the budget problem Frankly, we are disappointed that we and Consumer Protection Act of 1988. that is confronted by the committee, are here again today having to legis- This legislation is finally going to put and has wisely determined, with his relate for the second time on this sub- an end to the outrageous illegal and in- gret and mine, to strip that provision ject. We thought we gave the Commis- sidious practice of slamming innocent from the bill. sion 2 years ago enough authority and consumers. Regrettably, I concur in that deci- enough direction to eliminate this No longer can Americans innocent of sion. I would like to say, however, that practice. any wrongdoing be swindled by compa- CBO’s cost estimate of $600 million is For those who have not heard about nies who intentionally switch a cus- the purest of fiction. It is like Peter it, the volumes of complaints that have tomer’s long distance service without and the wolf, or perhaps like Peter come in to the FCC now total some the permission of that customer. For Pan. The fact is that licensees rep- 20,000 just in 1997 alone. It involves this years customers have been at the resenting 70 percent of the U.S. popu- practice where the long distance local mercy of slammers. They have been lation are in bankruptcy. Most of the or advanced service provider in com- victimized repeatedly, with little or no remaining people in this particular munications switches the consumer recourse. Often they have been billed category are teetering on the edge of without ever even informing the con- by carriers at exorbitant rates, and the bankruptcy that is sure to follow. sumer. Obviously, when you get your then they must face the further frus- It is unlikely that the Federal Gov- telephone bill and find out, if you no- tration of having a dozen phone calls ernment will see most of the revenues tice it, you are being served by a dif- made to get their services switched that CBO and OMB are projecting. The ferent company that you never author- back in the face of recalcitrant behav- result is going to be a significant loss ized, and you have just been slammed. iors by people guilty of serious wrong- to the taxpayers, and something that In May of this past year the Senate doing. Rarely, if ever, have consumers the Congress will have to address with passed an anti-slamming bill offered by seen a dime of the money that was great vigor during the forthcoming Senator MCCAIN by a vote of 99 to noth- swindled from them under this iniqui- Congress. I would point out that one ing. This should tell us something tous practice. particular bankruptcy judge has esti- about how the House and Senate feel This bill will now put consumers in mated that in certain bankruptcies of about this practice. To me, slamming the driver’s seat. If a consumer believes this kind, the Federal Government is is very similar to theft. I echo the frus- he or she has been the victim of slam- going to see less than 16 cents on the tration of the gentleman from Virginia ming, then the burden will shift to the dollar. (Chairman BLILEY) that the FCC has carrier to prove that a switch in serv- I would hope the Commission is going failed so far to implement provisions ice was authorized. Otherwise, the con- to reevaluate its policies regarding the pursuant to the slamming provision sumer will be entitled to a credit for C-block, and recognize that its primary that we included in the 1996 tele- charges incurred. This is a fair ap- goal should be expediting the delivery communications bill. proach, and it makes the playing field of service to the public. If the Commis- Today, after a long, arduous process, level and even. It is my belief it will sioners do not do so, I am satisfied that we are finally considering a bill aimed have a strong and effective effect on we will be back here again next year at eliminating this awful practice. It the iniquitous practice of slamming. cleaning up the mess that the Commis- reflects changes adopted in both the The bill before us is bipartisan. It sion is consistently making, and end- subcommittee and the full committee. uses a novel two-pronged approach to ing the needless litigation and delays We believe the bill strikes the right the problem. It provides telecommuni- that plague the public. balance, it imposes strong anti-slam- cations companies with an alternative Madam Speaker, this is an excellent ming provisions, without burdening the to traditional regulation. The industry, bill. I urge my colleagues to vote for it industry with costly regulation, or in conjunction with consumer groups affirmatively and get it passed, so we confusing an already wronged and per- and State regulators, will have the op- may proceed to protect the American haps sometimes confused consumer portunity to develop its own ‘‘Code of public and the American consumers. with a burdensome dispute process. Subscriber Protection Practices.’’ Madam Speaker, I reserve the bal- In short, the way we finally crafted This code is designed to reward good ance of my time. the bill, with great, again, cooperation actors with less regulation. However, if Mr. BLILEY. Madam Speaker, I yield and support by the chairman and his companies choose not to adopt the such time as he may consume to the staff, and the gentleman from Michi- code, or to act in bad faith, they will be gentleman from Louisiana (Mr. TAU- gan (Mr. DINGELL) and his subcommit- subject to a higher and more appro- ZIN), the chairman of the subcommittee, the ranking minority member, of- priate regulatory burden. Thus, mem- tee. fers a less regulatory approach to solv- bers of the industry are free to choose Mr. TAUZIN. Madam Speaker, let me ing the very same problem. their own destiny. Consumers will be first thank the gentleman from Vir- It adopts a bifurcated process to the the winners, in any event. ginia (Chairman BLILEY) and his staff problem. It literally gives tele- I want to make a note that there for all the excellent work on this bill, communications companies two op- were some provisions which were and my cosponsor, the gentleman from tions. They can either police them- dropped which I deeply regret. The Michigan (Mr. DINGELL) for his excel- selves properly through a voluntary ‘‘carrier freeze’’ provision would have lent efforts, and his, as always, great code of subscriber protection practices, protected consumers’ ability to in- cooperation, as we work toward pas- a code of conduct, if you will, or if they struct their local telephone company sage of this anti-slamming legislation. choose not to, the carrier suffers the that no changes could be made in their Again, I would also like to commend consequence of very tough FCC regula- selection of long-distance provider and thank my good friend, the gen- tion mandated by this bill. without their express permission. tleman from Massachusetts (Mr. MAR- I trust that most, if not all, the car- This seems to me eminently sensible, KEY), the ranking minority member, riers will choose to operate under their and is regrettably missing from this for his excellent cooperation and sup- own code of conduct. The code will pre- bill. The provision would have been the port of this legislation. vent slamming, and ensure that con- most effective way to prevent slam- The gentleman from Michigan (Mr. sumers are made whole if they have ming by simply empowering consumers DINGELL) and I are here together to been slammed. If a carrier chooses not H10612 CONGRESSIONAL RECORD — HOUSE October 12, 1998 to participate or otherwise fails to live illegal transmission of these signals the FCC has denied them for 10 years up to these codes, then it is subject that interfere with telephone calls and now. automatically to the regulatory and television reception. Hopefully we can Mr. DINGELL. Madam Speaker, I legal penalties of the FCC, as con- resolve this with the Senate as we go yield 2 minutes to the distinguished tained in our subcommittee version of forward. gentleman from Texas (Mr. GREEN). the bill. The bill offered by myself and the (Mr. GREEN asked and was given Although some might argue that this gentleman from Michigan (Mr. DIN- permission to revise and extend his re- is somewhat of a watered-down version, GELL) simply says, enough, already. It marks.) let me make it clear, this gives the in- is time for Congress to take action, to Mr. GREEN. Madam Speaker, I dustry a single chance to voluntarily weigh in, to stop slamming, to help thank my good friend and colleague, police themselves without the specific prevent spamming, and to make sure the gentleman from Michigan (Mr. DIN- pro-consumer guidelines and govern- these rural customers get service, just GELL) for yielding me time and allow- ment participation. But if they fail, like other parts of America. It is a ing me to speak on this bill. then these regulations will go into ef- good bill. It is bipartisan, pro-con- Madam Speaker, I rise in support of fect. sumer, and we urge the House, indeed, H.R. 3888, the Anti-Slamming Amend- In addition, the bill preserves the to approve this bill. ments Act. As a member of the Sub- role for the States to prevent slam- Let me make one final comment, committee on Telecommunications, ming. States have taken an active role Madam Speaker. That is to join my Trade, and Consumer Protection, to eliminate slamming, and the bill friend, the gentleman from Michigan Madam Speaker, I am glad this bill preserves the States’ discretion to pur- (Mr. DINGELL) and the chairman of our will hopefully be passed and the Senate sue slammers whenever appropriate. In committee, the gentleman from Vir- will consider it. fact we grandfather the more stringent ginia (Mr. BLILEY) in regrettably not- Slamming is a deceptive practice of provisions of eight of our States who ing that we had to drop the C-block re- switching the consumer’s long-distance have in fact enacted anti-slamming forms that our committee adopted. We service, either unknowingly or legislation. have dropped them because we simply unwillingly. As a victim of slamming The gentleman from Michigan (Mr. cannot, we think, include them and get this last summer in my own household, DINGELL) and I have titled our bill the final support of this bill. like most of us, I asked my grown chil- Telecommunications Competition and Unfortunately, because we are drop- dren, I said, who changed our long-dis- Consumer Protection Act of 1998. It is ping them, the C-block mess will go on tance carrier? Of course, they denied it. because the amendment is about more just a little longer. For consumers out The carrier we were changed to was than just slamming. Indeed, there are a there who do not know what a C-block one who I would never use at all, number of timely consumer and com- is, a C-block was a section of spectrum Madam Speaker, because they have petition-related issues that require the that was auctioned off for wireless terrible labor relations, particularly in House’s urgent attention. services in America for which now we the Hispanic community. For example, this legislation directs find ourselves in bankruptcy disputes. We received lots of calls in our dis- the private sector to help Congress find Many of these companies are return- trict on the need to fight slamming, a solution to the problem of slamming, ing the spectrum unused, with all of and today I believe we have a partial and also spamming. Spam, as many these potential wireless services being solution in front of us. know, is bulk unsolicited e-mail. It is a denied consumers, and the government b 1645 nuisance to consumers and a threat to having to settle for as little as 10 cents our telecommunications and informa- on the dollar of the auction fees. It It could have been much stronger, tion infrastructure. Why? Because begs for a solution. In our bill we pro- and I think the gentleman from Louisi- spam clogs up the e-mail systems, and vided a solution, only to learn that it ana (Mr. TAUZIN), chairman of the sub- in fact can clog up one’s personal e- is too late in the session for us to get committee, pointed that out. Any time mail box. agreement with the other side in that we pass legislation, we have to com- Still, we have to recognize that Con- solution. promise. But, hopefully, this is a step gress does not have the perfect solution However, I want to make a pledge to in the right direction. to this problem. Hence, it is the sense this House and to the members of the H.R. 3888 does two things. First, con- of Congress that the private sector general public out there who have sumers are automatically switched must address this issue, and the bill watched this mess develop. We will, at back to their original carriers and are asks the private sector to help us the first chance next year, embark provided a credit for no more than 30 achieve the right solution. It respects upon a solution of the C-block mess to days worth of charges. Second, this bill free speech, and also respects consum- get the spectrum out so Americans weeds out the companies that continue ers’ rights not to be spammed. could have the benefit of it, and to to deceptively slam consumers by mak- Our bill also addresses a critical make sure that the American taxpayer ing them pay to switch back consum- spectrum management issue, the FCC’s is properly protected in this mess that ers, by providing a credit for charges, refusal for the last 10 years to issue has been allowed to go on for too long. and by paying a $500 fine to both the permanent cellular licenses to three It is time for America to realize reve- slammed consumer and the original underserved rural areas of America. It nues from the deployment of this spec- carrier. And the FCC may impose an- is time to issue those permanent li- trum, and for consumers to realize the other $1,000 fine on the slamming com- censes so that rural consumers in those benefits of the use of this spectrum. pany. areas can have the same benefits from Our committee, under the leadership of Again, this goes a partial way. Hope- the investment in infrastructure, im- the gentleman from Virginia (Chair- fully, if this does not work we will proved services, and competition that man BLILEY) and the ranking minority come back next session to see if we has been available in many other parts member, the gentleman from Michigan need to beef it up again. H.R. 3888 proof America. (Mr. DINGELL), are determined to make tects the consumer and makes switch- Finally, this legislation will end up sure we get a resolution of this matter ing back to their original carrier easier addressing a problem of illegal CB as soon as we can in the next Congress. and imposes no financial burden to radio operators who are transmitting Madam Speaker, again I want to them, although when I had to switch signals significantly above legal levels. thank the gentleman from Virginia back I did not have any financial bur- We are working on the final language (Mr. BLILEY), and as I said, his great den either. of that. We understand that the Senate staff, for making this bill possible. It is This legislation has wide support bill contains provisions which, when we the hope that before we wrap this ses- among consumer groups and the tele- get to conference, we hope to properly sion we will make it very clear that communications industry and the ad- resolve. spamming will be hopefully resolved in ministration, and the anti-slamming The bill in the end would, we hope, the marketplace, and slamming will amendment also grandfathers all exist- make it permissible for local law en- soon be illegal, and that folks who live ing State anti-slamming laws, such as forcement officers to help us stop the in rural areas will soon get the service we have in my home district in Texas. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10613 Finally, we could have also done ification. The bill would require the which is far more than we were talking more on the anti-spamming, unsolic- National Telecommunications and In- about with the e-rate, which would ited e-mail advertisements. And as a formation Administration to study the have provided access to the Internet cosponsor of an original bill on anti- feasibility and desirability of establish- for our schools and libraries. spamming, I had hoped to go much fur- ing a neutral third-party entity to ad- Madam Speaker, I hope that we will ther, and this is an issue that the next minister changes to subscribers’ car- be able, as I say, to refer to the provi- Congress should address. rier selections. sions of H.R. 4018, the truth in billing, Madam Speaker, I rise in support of Third-party verification will be the because the FCC does have, although it this legislation, and I urge my col- best solution because it would allow for has initiated rulemaking for truth in leagues to support it. a nonregulatory, nonburdensome ap- billing, it is a step in the right direc- Mr. BLILEY. Madam Speaker, I yield proach to guide long-distance providers tion. But it is important that the 3 minutes to the gentleman from Flor- in acquiring new customers. FCC’s action be grounded in specific ida (Mr. STEARNS). I think the leadership, the chairman legislative authorization. Mr. STEARNS. Madam Speaker, it of the committee, the chairman of the I would fear that we not be silent on has been a long process on this bill to subcommittee, and the ranking mem- giving consumers clarity on their refine it and make it acceptable to in- ber have worked very well together to phone bill. This Congress has much to dustry. And for many, like myself, in solve this problem. I am hoping it is an be pleased with the progress that has our State of Florida they have been ideal compromise which the industry been made. I think giving full disclo- very successful in stopping slamming. will, of course, support. sure about increases and decreases in There has been millions of dollars col- Madam Speaker, I urge my col- the phone rates that are charged by the lected in fees. So while an original co- leagues to support this compromise phone companies will give consumers sponsor of this bill, I did not want to and will ask the FCC and the industry the information they need to ade- create an overly regulatory, burden- to develop regulations that will not quately make their assessments. some bill to address slamming, because constrict the States’ abilities to regu- Madam Speaker, I hope that the I felt in my State we had made a late the conduct of long-distance car- House will accept any Senate amend- strong effort to combat it. riers. ments to include truth in billing. Congress has already attempted to Mr. DINGELL. Madam Speaker, I As one who had my long distance car- address the problem of slamming yield 3 minutes to the distinguished rier switched without my knowledge, I through the Telecommunications Act gentleman from Oregon (Mr. strongly support efforts to end this un- by codifying a new section in the Com- BLUMENAUER). scrupulous practice. munications Act to close the abusive Mr. BLUMENAUER. Madam Speaker, I want to take a minute to talk loophole that was created by the I thank the gentleman from Michigan about a consumer protection that the breakup of AT&T in 1984. This new sec- (Mr. DINGELL) for yielding me this Senate included in its anti-slamming tion in the act gave the FCC the power, time. bill, that is not in the bill before us gave the power to the FCC to issue new Madam Speaker, I strongly support today, specifically truth in billing. regulations to prevent slamming. H.R. 3888 today. I have had my personal Truth in billing requires that tele- Unfortunately, the FCC did not act experience, as a number of people have, phone carriers provide information in the direction that Congress had in terms of being slammed. I find that about both increases and reductions in given it, and there was frustration on I am not unique. The distinguished consumer charges resulting from regu- the part of many of the members on gentleman from Virginia (Mr. BLILEY), latory actions—this is absolutely criti- the Subcommittee on Telecommuni- chairman of the Committee on Com- cal if consumers are to have a clear un- cations, Trade, and Consumer Protec- merce and the head of the ‘‘Congres- derstanding of how deregulation of the tion because they had not moved for- sional Bow Tie Caucus,’’ has similarly telecommunications marketplace af- ward. been treated, I understand, by the in- fects their pocketbook. It appeared the problem of slamming dustry. The recent controversy over line grew worse instead of better after the So I am pleased today with the legis- item charges associated with the E- passage of the act. It was reported that lation that is coming forward. But I am Rate is a perfect example of the confu- the number of slamming complaints to concerned that there is one provision sion that can be caused by incomplete the FCC rose to approximately 20,000 in that we saw in the Senate that is not billing information. 1997. Madam Speaker, this is a 56 per- included, which I hope that before we Consumers did not understand that cent increase over 1996. So, from 1996 to are through the legislative process that most of the new line items were for 1997, there was a 56 percent increase. there will be an opportunity to include. programs which have been in place for The situation looked like it was get- That is the truth in billing provision 60 years to provide service to rural ting worse. that was amended into the Senate bill areas. So, Congress had only one option: to unanimously. Nor did they understand that costs to create legislation to end this fraudu- It is very similar to legislation that phone companies had already been re- lent, abusive practice. Under the lead- I have introduced in the House, H.R. duced by more than they were being ership of the gentleman from Louisiana 4018, that has over 50 cosponsors. Truth asked to pay the e-rate. (Chairman TAUZIN), the gentleman in billing would require that the tele- My legislation to provide for some from Virginia (Chairman BLILEY), and phone carriers provide accurate infor- truth in billing currently has 50 co- the gentleman from Michigan (Mr. DIN- mation to customers about both the in- sponsors. GELL), the ranking member, who have creases and reductions in consumer Some might say that this legislation worked diligently to work out an ideal charges resulting from regulatory ac- is unnecessary, since the FCC has initi- compromise, this legislation will allow tion. ated a rulemaking on truth in billing. the FCC and industry to develop a There has been a great deal that has I am hopeful that their process will be working code for companies to adhere happened as a result of telecommuni- successful. However, I think this criti- to proper business practices in solicit- cations deregulation, but I cite just cal proceeding must be grounded in ing new customers. one example: the confusion surround- specific legislative authorization. The focus now will be to allow the in- ing the e-rate that speaks to the need Congress cannot be silent on giving dustry to develop industry-wide stand- for more complete billing information. consumers clarity about their phone ards that would dramatically decrease Consumers did not understand that bills. Should this bill come back from the instances of slamming. If a long- the new line items were for all of uni- the Senate with this language, I urge distance company refuses to adhere to versal service, including rural tele- my colleagues to accept it. adopting these standards, they will phone service which has been in place Mr. BLILEY. Madam Speaker, I re- face extremely stiff penalties for every for some 60 years. Nor did they under- serve the balance of my time. instance of slamming. stand that the cost to current phone Mr. DINGELL. Madam Speaker, I This legislation also promotes the companies had already been reduced yield 2 minutes to the gentleman from idea of instituting a third-party ver- by, we think, approximately $3 billion, Oregon (Mr. DEFAZIO). H10614 CONGRESSIONAL RECORD — HOUSE October 12, 1998 Mr. DEFAZIO. Madam Speaker, I and every industry segment is looking for its had on the C-block issue was very insightful. thank the distinguished gentleman proper fair advantage to be built into the rules. Virtually an entire class of FCC licensees is ei- from Michigan (Mr. DINGELL) for yield- I believe that the amendment that will be of- ther in bankruptcy, returning its licenses, re- ing the time to me. fered today wisely keeps intra-industry squab- turning half of its spectrum, or on the verge of Madam Speaker, I am pleased that bles on the sidelines and focuses on the job bankruptcy. the committee has taken action in the at hand which is to address slamming in a The C±block provision that the Commerce area of consumer telephone slamming. way that protects the public in a competitively Committee approved at the Full Committee I introduced the first bill on this sub- neutral way. markup remained true to the fundamental ject on July 9, 1997, with the gentle- Finally, I want to thank Chairman TAUZIN for goals of both the 1993 spectrum auction law woman from Colorado (Ms. DEGETTE), including in this bill a provision that I had in and the 1996 Telecommunications ActÐboth the gentleman from New Jersey (Mr. my slamming legislation which tasks the NTIA were designed to expedite the delivery of tele- FRANKS), the gentleman from Massa- in the Commerce Department with the job of communications services to the public and to chusetts (Mr. FRANK), the gentleman conducting an analysis into third-party verifica- create new competitive opportunities in the from Connecticut (Mr. SHAYS), the gen- tion administration. My feeling is that at the telecommunications industry for small and en- tleman from Oregon (Mr. root of the problem with slamming is that the trepreneurial businesses. BLUMENAUER), and the gentleman from carriers have a financial stake in making unau- In previous sessions, Members of the Com- Oregon (Mr. SMITH). It was a bipartisan thorized switches or freezing their customers merce Committee, and indeed the House as a approach to a problem created by a lit- from switching to others. I believe that ulti- whole, enthusiastically endorsed the licensing tle too much deregulation. mately, the long-term solution to this problem of small businesses. As a result, the ``C± Now a number of people listed on my is to take away the authority to authorize Block'' in the broadband Personal Commu- bill were here and voted for the tele- switches or freezes from those who have a nications Services (PCS) auctions was cre- communications deregulation. I did clear financial incentive to authorize such ac- ated. This action was taken by the FCC for the express purpose of achieving these two not. I was one of 16. I foresaw many of tion. The NTIA is asked to explore the feasibil- key congressional policy objectives. Along the these anti-consumer problems coming ity of an independent administrator or a series way, however, a number of adverse events from totally unfettered deregulation, of independent regional verifying agents to au- conspired to thwart congressional intent to and I am pleased to see that the com- thorize switches and validate switches before create more competition and innovation and mittee recognizes that either the in- consumers have their telephone company lower prices for consumers. dustry has to adopt a strict code to changed. First, the ``budgeteers'' discovered the air- stop slamming people for profit, or One example of why we may need to go to waves. Believing that they had stumbled upon there will be new rules in place to take the implementation of a third party adminis- some magical fiscal alchemy that allowed the profit out of that activity. trator or administrators can be seen by the re- them to literally create billions of dollars out of Madam Speaker, I think the commit- cent use of something referred to as a ``PIC thin air, those intimately involved with the tee could have gone a bit further. I freeze.'' A PIC freeze is styled as a pro-con- budget process both here on the Hill and over know the industry objects strongly to sumer service offered by local phone compa- at OMB set spectrum policy on its head. Tak- having written authorization. I do not nies to their customers whereby the local ing what was designed to be an efficient and believe that would impede the com- phone company promises not to change or expedited manner of licensing new services, merce in this industry and believe it modify the customer's service without direct they warped it and turned the FCC into a giant would make even one more step toward instruction from the customer. While this may governmental auction house. They then flood- fully protecting consumers. So we may be quite appealing to some consumers, there ed the auction with more and more spectrum find that steps taken are not totally is also significant competitive percussions that to sell. In addition, judicial and regulatory adequate, but this is progress. flow from such a service offering. The local delays encountered in fashioning the rules for Sometimes when huge industries get phone companies might also utilize the PIC small business licensees, as well as dramatic, deregulated, consumers get shafted. freeze device to lock up their own customers unpredictable and quite negative changes in They have been shafted now for 2 years and impede competition by making it much the final markets' receptivity to financing these by unscrupulous members of the indus- more difficult for competitors to obtain and ef- businesses also put the goals of the Com- try who are slamming them for profit. fectively and efficiently switch customers. merce Committee at serious risk. This bill will go a long way toward There has to be a balance. A PIC freeze The result today is that a very large percent- closing that door on the unscrupulous device aggressively employed by local tele- age of C±Block spectrum lies fallow. This operators. I congratulate the commit- phone monopolies could become a significant does neither the taxpayer, nor the taxpayer- tee on taking the first steps in this impediment to competition in local, intraLATA consumer any good at all. Consumers are area. toll, and ultimately long distance. telecommuni- daily paying more for wireless service across Mr. DINGELL. Madam Speaker, I cations markets. This would obviously thwart the country because these new competitors yield back the balance of my time. the longtime goal of the Congress to introduce are not in the marketplace competing for their Mr. BLILEY. Madam Speaker, I widespread and effective competition in all business. Job creation is also put on hold as would just say in closing to the gen- telecommunications markets as rapidly as dozens of licenses for choice markets languish tleman from Oregon (Mr. DEFAZIO), possible. I wonder where long distance in bankruptcy court. who just spoke, that if this does not competion would be today if AT&T had vigor- Unfortunately, the bill before us today does work, we will be back with additional ously employed offering ``PIC freezes'' to cus- not contain the C±block provision because of legislation. tomer in the immediate aftermath of the break- the adverse ``scoring'' it was to receive from Mr. MARKEY. Madam Speaker, this legisla- up of Ma Bell. I suspect that the introduction the Congressional Budget Office (CBO) and tion deals with the issue of slamming and it at- of competition, and thus lower prices for con- OMB in the Administration. The particular tempts to combat the unauthorized switching sumers, would have been significantly re- rules of budget scoring here on the Hill at of a consumer's telephone carrier of choice. I tarded if such action had been undertaken. CBO prevent us from facing reality. The reality want to thank Chairman BLILEY and Chairman It's my view that a competitively neutral ad- is that these licenses are going to languish in TAUZIN, along with Mr. DINGELL, for their lead- ministrator or administrators could help solve bankruptcy and the Congressional policy of ership in bringing this bill to the floor. these difficult consumer protection and com- rapidly introducing lower prices, innovation, This legislation will provide consumers with petition issues. I look forward to NTIA's analy- creating jobs and choices for consumers, additional protections in an effort to thwart the sis of these issues. through new competition will be seriously un- problem of slamming while and giving further I'd also like to comment briefly on a provi- dermined. OMB, for its part, continues to live incentives to the industry. Hopefully these ad- sion that was dropped from this bill as it ar- in a fiscal fantasy land with respect to how ditional provisions will bring unauthorized car- rives on the floor. In the House Commerce much money these licenses will raise for the rier switches down to a minimum. Committee, Chairman TAUZIN offered and the Treasury. Rather than admitting its gross error In addition, the bill offered to the House Committee unanimously adopted an additional in utilizing phony frequency money to balance today ensures that these additional consumer provision to address policy issues that urgently the budget or, of late, to increase the surplus, protections are implemented in a way that is need to be dealt with in the so-called ``C± OMB compounds the error by resisting biparti- streamlined from a regulatory perspective and Block'' or `èntrepreneurial block'' of the san legislation to put sound telecommuni- that treats carriers in a competitively neutral broadband PCS service. The recent hearing cations policy back on track. This is unfortu- way. There's no question that every carrier that the Telecommunications Subcommittee nate. It's an anti-consumer, anti-taxpayer, anti- October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10615 worker stance. The result will be a public pol- Madam Speaker, I rise in support of b 1700 icy morass. H.R. 2281, the Digital Millennium Copy- It furthermore makes it unlawful to I hope that we can return to this subject right Act. It is not uncommon on this deliberately alter or delete information next year and hopefully return integrity to tele- Hill for many people to take great provided by a copyright owner which communications policy by cleaning up the pride in authorship and oftentimes identifies a work, its owner and its per- problems created by placing auction revenue, refer to legislation that comes from missible uses. above all other values, as our highest public our respective committees as ‘‘land- H.R. 2281 furthermore addresses a policy goal. mark legislation,’’ but I think that all number of other important copyright Again, I want to commend Chairman BLILEY, who are familiar with this piece of leg- issues. It clarifies the circumstances Chairman TAUZIN, Mr. DINGELL, and our other islation will agree that this is truly under which on-line and Internet ac- colleagues for their work on this measure and landmark legislation. cess providers could be liable when in- urge the House to support it. H.R. 2281 represents a monumental fringing material is transmitted on- Mr. BLILEY. Madam Speaker, I urge improvement to our copyright law and the adoption of the bill, and I yield line through their services. It ensures will enable the United States to remain that independent service organizations back the balance of my time. the world leader in the protection of The SPEAKER pro tempore (Mrs. do not inadvertently become liable for intellectual property. copyright infringement merely because EMERSON). The question is on the mo- Madam Speaker, we could not have tion offered by the gentleman from they have activated a machine in order reached this point without the collec- to service its hardware components. It Virginia (Mr. BLILEY) that the House tive efforts of many. I thank the gen- suspend the rules and pass the bill, also creates an efficient statutory li- tleman from Illinois (Mr. HYDE), chair- censing system for certain perform- H.R. 3888, as amended. man of the Committee on the Judici- The question was taken; and (two- ances and reproductions made by ary, for his constant support and guid- thirds having voted in favor thereof) webcasters which will benefit both the ance. I am also appreciative to the the rules were suspended and the bill, users of copyrighted works and the work of the gentleman from Virginia as amended, was passed. copyright owners. A motion to reconsider was laid on (Mr. GOODLATTE). Unfortunately, in arriving at the the table. I thank the gentleman from Michi- final agreement on what would be in- f gan (Mr. CONYERS), ranking member of cluded in H.R. 2281, title V of the the Committee on the Judiciary, and House-passed version, which provided DIGITAL MILLENNIUM COPYRIGHT the gentleman from Massachusetts ACT for limited protection of databases, was (Mr. FRANK), ranking member on the removed. I am pleased, however, that Mr. COBLE. Madam Speaker, I move Subcommittee on Courts and Intellec- we were able to bring that issue so far to suspend the rules and agree to the tual Property. I also thank the gen- this session. It is important legislation conference report on the bill (H.R. 2281) tleman from California (Mr. BERMAN) that will benefit many industries and to amend title 17, United States Code, who invested much time and effort in businesses in the United States, and I to implement the World Intellectual developing this legislation. intend to work diligently next session Property Organization Copyright Trea- The valuable contributions of several to pass it. ty and Performances and Phonograms members from the Committee on Com- I appreciate and would be remiss if I Treaty, and for other purposes. merce must also be recognized: the did not mention at this time state- (For conference report, see proceed- gentleman from Virginia (Chairman ments by Senator HATCH and Senator ings of the House of Thursday, October BLILEY); and the gentleman from LEAHY made on the floor of the other 8, 1998, at page H10048.) Michigan (Mr. DINGELL), ranking mem- body that they pledge to take up a The SPEAKER pro tempore. Pursu- ber; the gentleman from Louisiana (Mr. database protection bill early in the ant to the rule, the gentleman from TAUZIN), chairman of the Subcommit- next Congress. North Carolina (Mr. COBLE) and the tee on Telecommunications, Trade and Madam Speaker, 2281 is necessary gentlewoman from Texas (Ms. JACK- Consumer Protection; and the gen- legislation to ensure the protection of SON-LEE) each will control 20 minutes. tleman from Massachusetts (Mr. MAR- copyrighted works as the world moves The Chair recognizes the gentleman KEY), ranking member; as well as the into the digital environment. This will from North Carolina (Mr. COBLE). gentleman from Washington (Mr. Mr. COBLE. Madam Speaker, I yield ensure that American works will flour- WHITE); and the gentleman from Colo- 10 minutes of my time to the gen- ish as we move further into the new rado (Mr. DAN SCHAEFER), who were millennium. tleman from Virginia (Mr. BLILEY) and also instrumental in facilitating agree- ask unanimous consent that he be per- I urge my colleagues to vote ‘‘yes’’ ment on portions of the bill. on H.R. 2281. mitted to control that time. I finally must thank several senators The SPEAKER pro tempore. Is there Madam Speaker, I reserve the bal- for their diligence in drafting and mov- objection to the request of the gen- ance of my time. ing H.R. 2281: the chairman of the Sen- tleman from North Carolina? (Ms. JACKSON-LEE of Texas asked There was no objection. ate Committee on the Judiciary, Sen- and was given permission to revise and Ms. JACKSON-LEE of Texas. Madam ator Orrin HATCH; ranking member, extend her remarks.) Speaker, I yield 10 minutes of my time Senator Patrick LEAHY of Vermont; as Ms. JACKSON-LEE of Texas. Madam to the gentleman from Michigan (Mr. well as my friend from South Carolina, Speaker, I yield myself such time as I DINGELL) and ask unanimous consent Senator Strom THURMOND; all were in- may consume. that he be allowed to control that strumental in bringing about this im- I rise today in strong support of H.R. time. portant achievement in the copyright 2281, the Digital Millennium Copyright The SPEAKER pro tempore. Is there law. Act, the passage of which many Mem- objection to the request of the gentle- H.R. 2281 is the most comprehensive bers on both sides of the issue doubted woman from Texas? copyright bill since 1976 and adds sub- was one of the priorities of the gen- There was no objection. stantial value to our copyright law. It tleman from Michigan (Mr. CONYERS) GENERAL LEAVE will implement two treaties which are and our committee this year in the Mr. COBLE. Madam Speaker, I ask extremely important to ensure ade- Committee on the Judiciary. And we unanimous consent that all Members quate protection for American works are glad that the committee on which may have 5 legislative days within in countries around the world in the I serve as a member and the gentleman which to revise and extend their re- digital age. It does this by making it from Michigan (Mr. CONYERS) serves as marks on the bill under consideration. unlawful to defeat technological pro- a ranking member has worked hard in The SPEAKER pro tempore. Is there tections used by copyright owners to a bipartisan fashion to get this legisla- objection to the request of the gen- protect their works, including prevent- tion to the President’s desk. tleman from North Carolina? ing unlawful access and targeting de- Madam Speaker, this is very impor- There was no objection. vices made to circumvent encrypted tant legislation, primarily because we Mr. COBLE. Madam Speaker, I yield material. *****-*****- Payroll No.: are part of a supertechnological soci- myself such time as I may consume. -Name: -Folios: -Date: -Subformat: ety, and we have got to all get along. H10616 CONGRESSIONAL RECORD — HOUSE October 12, 1998

WIPO implementation and the impor- Carolina (Mr. COBLE), in producing this proper balance between copyright own- tant explication of liability for those important legislation. Through their ers and information consumers. It is service providers who knowingly trans- hard work we have been able to reach very clear to us that we need to have mit infringing material on-line marks consensus on historic legislation to im- the protection of the fair use provi- a critical achievement for those of us plement the WIPO copyright treaties. sions which had previously been in the who support strong copyright protec- I also would like to thank my rank- law. This we have done. We have in- tions and fairness. ing member, the gentleman from cluded strong privacy protection for When we started on this journey to- Michigan (Mr. DINGELL), and the gen- consumers. We have permitted elec- ward passage today, we pledged to tleman from Wisconsin (Mr. KLUG) and tronic manufacturers to make design work with the gentleman from Illinois the gentleman from Virginia (Mr. BOU- adjustments to their products to en- (Mr. HYDE), the gentleman from North CHER), who, through their hard work, sure that consumers will receive the Carolina (Mr. COBLE), and I thank them have substantially improved this legis- best playback quality without fear of very much for their work, and the gen- lation. As a result of their steadfast liability. We have also added provisions tleman from Massachusetts (Mr. commitment to the principle of fair safeguarding encryption research, secu- FRANK) to get this done; also the good use, we have produced WIPO imple- rity systems testing and computer work of the gentleman from Virginia menting legislation of appropriate interoperability. At the same time we (Mr. BLILEY) and the gentleman from scope and balance. gave content owners the tools to dis- Michigan (Mr. DINGELL), and the gen- Mr. Chairman of the Committee on courage the production of illegal black tleman from Louisiana (Mr. TAUZIN) Commerce, I am pleased to report that boxes which open the door to piracy. and the gentleman from Massachusetts the final bill reflects the two most im- Thus the bill will continue faster inno- (Mr. MARKEY) for their good works and portant changes proposed by our com- vation without stifling the growth of many others. Members said it could mittee. First, we have preserved a electronic commerce. not be done. Members said, do it this strong fair use provision for the benefit The bill is a good one. I urge my col- way, not that way. But we worked to- of libraries, universities and consumers leagues to support it. gether, cooperatively and successfully. generally. Second, we have ensured Madam Speaker, I reserve the bal- I am very proud of the work that we that manufacturers of popular tele- ance of my time. have done. We are strengthening do- communications, computer and con- Mr. COBLE. Madam Speaker, I yield 2 minutes to the gentleman from Cali- mestic copyright law and providing sumer electronic products are not sub- fornia (Mr. DREIER), who has been very leadership globally so that the United ject to a design mandate in producing helpful and very supportive in this States can continue to impress upon new products, and that they, retailers, matter. other nations the importance of strong and professional services can make Mr. DREIER. Madam Speaker, I copyright protection. playability adjustments without fear of thank my friend from Greensboro for I am disappointed by some changes liability. yielding me this time and for his great that we agreed to make to get this bill Through the able efforts of the gen- leadership, along with that of my into law. I wish we could have done tleman from Louisiana (Mr. TAUZIN) friend from Richmond, who has worked more to strengthen the role of the Pat- and the gentleman from Massachusetts long and hard on this, and the gen- ent and Trademark Office within its (Mr. MARKEY), we also have included tleman from Thibodaux, Louisiana, and own agency. I would have preferred to strong provisions on security systems my colleagues on the other side of the see a database protection bill in this testing, encryption research, and soft- aisle who have done a great job on this. legislation, but we were not able to get ware interoperability development so Clearly, as we look at the problems that now. That means we will have to that these vital activities will con- that we face as a Nation, and as we start again early next year on that bill, tinue. And we have included strong move rapidly towards this global econ- and that is something that we will all consumer protection provisions. In omy, it is difficult to imagine an issue work on together. I believe it can be short, we have produced a bill that that is much more important than done. should help spur the growth of elec- theft of intellectual property. Property I commend the gentleman from Illi- tronic commerce while protecting the rights are an issue which we talk about nois (Mr. HYDE) and the gentleman creative work of our Nation’s content regularly, and implementation of this from North Carolina (Mr. COBLE) and community. WIPO treaty and our support of it is, I the gentleman from Massachusetts I urge my colleagues to support the believe, going to go a long way towards (Mr. FRANK) for their hard work, again, conference report. ensuring that the property of individ- on this bill and for the important role Madam Speaker, I reserve the bal- uals is not in any way jeopardized. that the gentleman from California ance of my time. If we look at figures, most recently (Mr. BERMAN) played on the conference Mr. DINGELL. Madam Speaker, I in 1996, there are estimates that $7.6 committee. yield myself 3 minutes. billion in theft of film, books, music I commend the important copyright Madam Speaker, I commend the dis- and software has taken place, and industries, the telecommunications in- tinguished gentleman from Virginia many of us believe that that figure has dustry, the Nation’s libraries and im- (Mr. BLILEY), the distinguished gen- actually gotten higher in the past 2 portantly the guilds and unions for tleman from Illinois (Mr. HYDE), the years. It is a problem which obviously working cooperatively with us to in- distinguished gentleman from North continues to be in the forefront and is form us of the needs they confront in a Carolina (Mr. COBLE), my good friend, going to be there unless we have full digital environment. I am proud of the the gentleman from Michigan (Mr. implementation of this. product we have arrived at, and I am CONYERS), ranking member of the sub- We have U.S. industries involved in a also pleased to support it and urge all committee, and the gentlewoman from wide range of areas, and we are creat- of my colleagues to be able to support Texas (Ms. JACKSON-LEE) for the fine ing new ideas here in the United States this very important legislation for this work which they have done on this par- and are in the forefront as the world’s 105th Congress. ticular matter. greatest information exporter and im- Madam Speaker, I reserve the bal- I rise in strong support of the con- porter. And as such, these new ideas ance of my time. ference report, which I believe will im- are creating opportunities for people Mr. BLILEY. Madam Speaker, I yield plement two World Intellectual Prop- who steal these proposals. So that is myself 3 minutes. erty Organization copyright treaties. why implementation of WIPO is so im- Madam Speaker, I rise in support of The bill was produced through the portant. the conference report on H.R. 2281. I hard work and the cooperation of two I want to say that as we look at not would like to express my admiration committees, and it is the conference only the film and entertainment indus- and appreciation for the hard work of committee that has largely adopted tries, but the biotech industry and the chairman of the Committee on the the provisions which were added to the what I believe will be many new indus- Judiciary, the gentleman from Illinois bill by the Committee on Commerce. tries that are developing in this coun- (Mr. HYDE), and his able subcommittee We are now considering WIPO imple- try in the coming years, WIPO is so im- chairman, the gentleman from North menting legislation that strikes a portant for that. I urge my colleagues October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10617 in a bipartisan way to support this ranking member, and all of those in charge a work of fiction, a book writ- measure. the Judiciary that worked on it. The ten by one of the masters, to see a I again congratulate my colleagues gentleman from California (Mr. HOW- video, or to hear some music over the who played such a key role in working ARD BERMAN) played an important role radio, or to operate a simple device with us on it. in the conference committee. And so, like a VCR at home to see a movie Mr. CONYERS. Madam Speaker, I too, of great assistance was the copy- later that was played earlier in the yield myself such time as I may con- right industry, the telecommuni- day? How do we protect the fair use of sume. cations people, the Nation’s libraries those works of art, those intellectual I first wanted to thank my colleague and librarians, the unions and the properties and, at the same time, pro- and dean of the House, the gentleman guilds who worked cooperatively with tect them in a digital age? from Michigan (Mr. DINGELL), for shar- us to inform us of the needs that they This House dramatically improved ing this legislative product with us, he confront in this digital environment. this bill as it left the Senate. As the and the Committee on Commerce and I am proud of the product, and like Senate had produced the bill, there the subcommittee of the Committee on all the speakers before me, I urge its were no protections for citizens for the Judiciary. I think everyone has favorable confirmation. these fair uses of information in a li- heard that we finally reached a conclu- Madam Speaker, I would like to emphasize brary, in a bookmobile, with a VCR. As sion that I think may satisfy nearly that it was my decision to share this time with this bill now comes back to the House every Member in the House of Rep- Mr. DINGELL, the Ranking member of the and Senate from conference, the work resentatives. House Commerce Committee. Under the of the House Committee on the Judici- This Digital Millennium Copyright rules, all of the time would have come to the ary, and the Committee on Commerce, Act, the legislation which was at one Judiciary Committee, but I am deciding to in particular, in making sure that time in a doubtful state of passage by share the time for two reasons. there was a balance between the free many, has now come before the floor. The first reason is the respect and fondness exchange of ideas and protecting works And as the ranking member on the that I hold for the dean of the House, Mr. DIN- in a digital age, were protected in this Committee on the Judiciary, I am GELL. He asked that I share the time, and out bill. proud to suggest that this is a biparti- of respect for his leadership in the House, I The right to do encryption research. san product, a work that has been thor- was happy to oblige. The right to be able to webcast music oughly reviewed by two committees Second the parliamentarian ruled that the on the internet. All of these issues now and two subcommittees in this House House Commerce Committee had some legiti- have been wrapped into an excellent alone and is certainly worthy of being mate jurisdictional concerns over discrete as- compromise that I think sets the stage signed into law by the President. pects of the bill. As such House Commerce for the rest of the world to follow. The WIPO implementation and the This is a critical day. America pro- Committee members were appointed during important explication of the liability vides more information to the world the House-Senate conference, albeit in lesser for those service providers who know- than any other country of the world. numbers. Mr. DINGELL and his Commerce ingly transmit infringing material on- Protecting those works in commerce is Committee colleagues played a constructive line marks a critical achievement for critical. We set the mark today with a role in bringing this measure to the floor. those of us who support strong copy- strong implementation bill, but we do The sharing of the time should in no way right protection and the fairness that it carefully, respecting the right of imply that the two committees are, in any way, goes with it. people to fair use in accessing informa- on equal footing from a jurisdictional perspec- When we started on the journey to- tion in a free society; in making sure tive on this measure, but does recognize both ward the passage that I think is in that libraries and schools of thought in my great fondness for the gentleman from front of us, I pledged to work with the universities can still do research, and Michigan, Mr. DINGELL and the very construc- gentleman from Illinois (Mr. HYDE), all of us can access information in a so- tive role that he played in bringing this matter the gentleman from North Carolina ciety that so prides itself on free (Mr. COBLE), subcommittee chairman, to the floor. Madam Speaker, I reserve the bal- speech and the free exchange of infor- and the ranking member, the gen- mation. tleman from Massachusetts (Mr. ance of my time. Mr. BLILEY. Madam Speaker, I yield To all who have worked on it, the FRANK), to make sure that this was 3 minutes to the gentleman from Lou- chairman of the full committees, and done. Although it was thought not to to all the Members who have put in so isiana (Mr. TAUZIN), chairman of the be possible at the time, I think this many hours, this is a good day, this is work exemplifies the kind of biparti- Subcommittee on Telecommuni- cations, Trade, and Consumer Protec- a good bill. sanship that this Congress has and Mr. CONYERS. Madam Speaker, tion of the Committee on Commerce. should continue to have as we move might I be informed how much time re- Mr. TAUZIN. Madam Speaker, I forward in other matters. mains on each side? thank the chairman for yielding me The SPEAKER pro tempore (Mrs. b 1715 this time. We all know, of course, that EMERSON). The gentleman from Michi- We are strengthening domestic copy- we have long ago entered the informa- gan (Mr. CONYERS) has 21⁄2 minutes re- right law and providing global leader- tion age, but what we are about to maining; the gentleman from Michigan ship so that this great Nation can con- enter is the new information digital (Mr. DINGELL) has 81⁄2 minutes remain- tinue to impress upon other nations age. ing; the gentleman from North Caro- This WIPO Treaty implementation the importance of strong copyright lina (Mr. COBLE) has 3 minutes remain- bill is extremely important not just to protection. ing; and the gentleman from Virginia Now, not all the provisions have America and Americans but to citizens (Mr. BLILEY) has 5 minutes remaining. reached a level of perfection. We might of the world. As we enter this informa- Mr. CONYERS. Madam Speaker, I re- have done more to strengthen the role tion digital age, it becomes increas- serve the balance of my time. of the Patent and Trademark Office ingly easy for people to make perfect Mr. DINGELL. Madam Speaker, I within its own agency. This Member copies of other people’s works; their yield back the balance of my time. would have preferred to see a database music, their books, their videos, their Mr. COBLE. Madam Speaker, did I protection bill included in the measure movies. In short, the WIPO treaty is an understand that I have 3 minutes re- before us. But that was not possible. attempt worldwide to protect those in- maining, and that I have the right to Which means that we will begin again tellectual properties from thievery, close? in the next Congress, all of us who are from duplication, from piracy. The SPEAKER pro tempore. That is so honored by our constituents to re- How do we protect those works per- correct. turn. We will have to start all over fectly in a digital world and, at the Mr. COBLE. Madam Speaker, I yield again in this area, and it is something same time, respect something pretty 2 minutes to the gentleman from that I urge my colleagues in both com- critical to Americans: The free ex- Michigan (Mr. KNOLLENBERG), who au- mittees to take seriously. change of ideas and information; the thored title III of this bill. I again commend the chairman of the ability of any kid in America to walk Mr. KNOLLENBERG. Madam Speak- Committee on Commerce, and the into a library and examine free of er, I rise in support of this bill, and I H10618 CONGRESSIONAL RECORD — HOUSE October 12, 1998 appreciate working with the gentleman erty rights but not interfere with free- out of anyone who puts something on from North Carolina (Mr. COBLE). It dom of expression. In the Committee the Internet that may be harmful to seems like it has been months, but on the Judiciary, we worked very hard minors. What it did was to say that it with the great effort put on by both in particular in trying to work out a is criminal for someone to commer- sides, we have done, I think, a mar- formula that would protect intellectual cially set up a pornography site with- velous job, and I am glad this feature is property rights and not give the online out establishing some way for parents included in the bill. service providers an excessive incen- to be able to say no to that site in their This provision I introduced ensures tive to censor. That was the difficult homes. That is all we did. that a computer owner may authorize part. What I believe is a very impor- In fact, if a parent wants to allow his the activation of their computer by a tant sign is that we were able to do child into that pornographer’s site, it third party for the limited purpose of that. can. If the parent wants to look at it, servicing computer hardware compo- I want to take this time to contrast it can. It simply made criminal the act nents. The specific problem is when the this with the failure to do a similar of commercially providing that kind of computer is activated, the software is reasonable compromise in the bill we material without giving parents the copied into the ram, the random access passed recently dealing with child por- opportunity to say no to that material memory. This copy is protected under nography or, rather, pornography in coming into their house. section 117 of the copyright act, as in- general, because in contrast to this I hope the President signs that bill. terpreted by the 4th and 9th Circuit very careful compromise, and we in the He ought to sign it. It is a good bill Courts of Appeals. This technical cor- Committee on the Judiciary were very that would give parents some control rection is extremely important to inde- focused on this because of our concern over what comes over the Internet and pendent service organizations, or ISOs for free speech, the House passed a bill is available to their children. as they are known, who, without this which includes language which pur- Mr. BLILEY. Madam Speaker, I yield legislation, are prohibited from turning ports to protect children against por- 2 minutes to the gentleman from Flor- ida (Mr. STEARNS). on a customer’s computer. nography which, in fact, goes way be- Mr. STEARNS. Madam Speaker, a lot A weight of litigation has plagued yond that. I am speaking now because of people have complained today and the computer repair market. The det- I hope the President will be persuaded the last couple of days that Congress rimental effect is that ISOs are pre- to veto that bill. has not done anything. I think this bill vented from reading the diagnostics We had a bill which says if someone is a clear example of things we have software and, subsequently, cannot puts on to the Internet material which done. It is probably one of the most im- service the computer’s hardware. is harmful to children, and children portant bills that we have passed this The financial reality is that the can see it, they are criminally liable. Congress. It gives our Nation’s copy- multibillion dollar nationwide ISO in- In other words, we are not dealing with right holders legal protection inter- dustry is at risk. This bill provides lan- people who are aiming at children. We nationally to protect their copyright guage that authorizes third parties to also said, by the way, that that prohi- works. make such a copy for the limited use of bition applies to material which is not As the chairman, the gentleman from servicing computer hardware compo- obscene. Louisiana (Mr. TAUZIN), mentioned, nents. It is going to be stricken by the Su- every year billions of dollars are stolen This provision does nothing to preme Court, but we should not have to from American companies from illegal threaten the integrity of the Copyright depend on the Supreme Court to defend piracy and theft. American companies Act and maintains all other protec- us. So I do want to contrast. It seems can now have the freedom to defend tions under the act. The intent of the to me very important to note the care their intellectual property. Copyright Act is to protect and encour- that we took in the Committee on the As my colleagues may recall, the bill age a free marketplace of ideas. How- Judiciary not to impede on free speech as reported out of the Committee on ever, in this instance, it hurts the free and the lack of care that we have else- the Judiciary did not contain a defini- market by preventing ISOs from serv- where. tion of, ‘‘technological protection icing computers. Furthermore, it lim- Mr. CONYERS. Madam Speaker, will measure.’’ Myself and other members its the consumer’s choice of who can the gentleman yield? of the committee were concerned about service their computer and how com- Mr. FRANK of Massachusetts. I yield this lack of such a definition. It was petitive a fee can be charged. to the gentleman from Michigan. very problematic. I want to thank the gentleman from Mr. CONYERS. Madam Speaker, do The committee agreed it was an im- North Carolina (Mr. COBLE) for work- the provisions in the bill that the gen- portant enough issue to state in its re- ing with me on this issue, and I urge tleman from Massachusetts (Mr. port that those measures covered by support of the bill. FRANK) refers to apply to government the bill are those based upon Mr. CONYERS. Madam Speaker, I offices that do the same thing? encryption, scrambling, authentication yield the balance of my time to the Mr. FRANK of Massachusetts. We and some other measure which requires gentleman from Massachusetts (Mr. had a conversation about the Starr re- the use of, quote, a key provided by a FRANK), the ranking member of the port, and I think it is an open question copyright holder. subcommittee, whose extraordinary as to whether or not the Starr report Another achievement of the con- leadership was key to working out the would have violated that provision. ference was to include specific report complicated provisions that have been The problem is this, and here is what language addressing the playability reflected. we worked on: We have in this country concerns of product manufacturers. Mr. FRANK of Massachusetts. the freest speech in the world, if it is The report explicitly provides that Madam Speaker, I thank my friend, the oral, if it is written, if it is printed, but manufacturers or professional servicers gentleman from Michigan (Mr. CON- we are developing a second line of law of consumer electronics, telecommuni- YERS) for yielding, and I want to thank which says electronically-transmitted cations or computing products who my colleagues on that side for rescuing speech is not as constitutionally pro- take steps solely to mitigate a this very important bill from the at- tected. We must reverse that trend or playability problem may not be tempted mugging that some Members we will erode our own freedoms. deemed to have violated either section of the Republican leadership had in Mr. BLILEY. Madam Speaker, I yield 1201 or section 1202. mind. That was not one of the finest 1 minute to the gentleman from Louisi- I would say to my colleagues, we hours of this institution when this bill ana (Mr. TAUZIN). have done something very important got derailed because of a dispute about Mr. TAUZIN. Madam Speaker, I today by passing, by recommending a job. thank the chairman for yielding. this bill to all our colleagues. I urge all Madam Speaker, I want to express Madam Speaker, I speak only to an- my colleagues to vote for it. It is an- my satisfaction with what we worked swer the last comments of the gen- other accomplishment in this session out. As Members have mentioned, we tleman from Massachusetts (Mr. of Congress. have a tough situation here in which FRANK). The bill we passed on online Madam Speaker, this Congress in my opin- we want to protect intellectual prop- pornography did not make criminals ion has been unfairly maligned about our work October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10619 product and our accomplishments. I think we textbooks, American ideas and creativ- Because digital technology facilitates an al- have had two very successful sessions and ity means jobs, exports and economic most effortless ability to transmit digitized soft- this bill is proof of our hard work. vitality. ware information across national borders and In fact, this may be the most important bill Copyright law provides incentive to also permits exact copies of such work to be that we pass for this entire Congress. This invest in intellectual property, but made, it is vitally important that the United legislation will give our nation's copyright hold- without strong WIPO protections, this States take steps to update existing laws by ers legal protection internationally to protect incentive will decline and the Nation cyberspace. There's no question that protect- their copyright works. will be at a loss because of it. ing the interests of copyright holders will mean Every year, billions of dollars are stolen We must protect American copyright that the content community will feel more se- from American companies from illegal piracy workers from the theft of their prop- cure in releasing their works into a digital envi- and theft. American companies can now have erty, while maintaining the permitted ronment. Because of the worldwide nature of the freedom to defend their intellectual prop- use of copyrighted works for education, electronic commerce today, it also becomes erty. research, and criticism. That is what imperative that we establish treaties with other As my colleagues can appreciate, it has this bill does. countries ensuring that our intellectual prop- been a long and hard process to get us to this As the undisputed leader in intellec- ertyÐin other words, our high tech jobsÐare tual property, the U.S. has the most to point. I am particularly pleased that the con- not compromised overseas. ference report addressed issues that I had gain from strong international copy- In deliberating upon this legislation, this been concerned about. I would like to com- right laws. Our laws should be, and will Commerce Committee sought to better bal- ment in particular on some of the most impor- be, the model for the rest of the world ance competing interests. This has not been tant features of the bill. to follow. We have the privilege to set an easy task. Encryption research issues, pri- As my colleagues may recall, the bill as re- the stage and the responsibility to do vacy implications, fair use rights, reverse engi- it right. ported by the Judiciary Committee did not neering, and other issues are complicated but The copyright industry is growing contain a definition of ``technological protection represent meaningful public policy perspec- nearly three times as fast as the rest of tives. I am pleased that the bill before us has measure.'' the U.S. economy. The numbers are ex- taken great strides to see that these issues I and other members of the Commerce traordinary. We are talking about al- Committee were concerned that the lack of most 3 percent of the U.S. work force, are addressed properly and fairly. In particular, I commend the conferees for such a definition was very problematic. The with exports of over $60 billion. Committee agreed it was an important enough I urge my colleagues to think about retaining the language that I offered in Com- issue to state in its report that those measures the extraordinary opportunities that mittee protecting the individual privacy rights covered by the bill are those based on await us as consumers, as parents, and of consumers. This language gives an incen- encryption, scrambling, authentication, or as officials concerned about the U.S. tive to the content community to be above some other measure which requires the use of economy. By providing the appropriate board with consumers with respect to personal a ``key'' provided by a copyright owner. stimulus to copyright owners, a stimu- information that is gathered by technological Another achievement of the conference was lus first established in the Constitu- protection measures or the content or software to include specific report language addressing tion, we allow the electronic market- that it contains or protects. If consumers are the ``playability'' concerns of product manufac- place to be the great boon to America given notice of these practices and an oppor- turers. that it promises to be. tunity to prohibit or curtail such information The report explicitly provides that manufac- Mr. COBLE. Madam Speaker, I yield gathering then technological protection meas- turers or professional servicers of consumer myself the balance of my time. ures could not be legally defeated. On the electronics, telecommunications, or computing Madam Speaker, it has been men- other hand, consumers are within their legal products who take steps solely to mitigate a tioned about the importance of data rights to defeat such measures if their per- playability problem may not be deemed to base, the importance of patent and sonal privacy is being undermined without no- have violated either section 1201 or section trademark. These are two areas, tice or the right to say ``no'' to such practices. 1202. Madam Speaker, that cry out to be ad- This is a good privacy provision that leaves to By eliminating uncertainty and establishing a dressed, and I regret that they were not the industry the question of whether they want clear set of rules governing both analog and addressed in a proper and fitting way to conspicuously provide notice to consumers digital devices, product designers should enjoy this session. I hope it can be done next of their privacy rights, extending as well the the freedom to innovate and bring ever-more time, in the 106th session the Congress. opportunity for a consumer to effectively object exciting new products to market. I think, from what I have heard today, to any personal data gathering, and in so b 1730 it will be generously laced with bipar- doing prevent the defeat of technological pro- tisanship, and I feel optimistic about tection measures designed to protect the in- Mr. BLILEY. Madam Speaker, I yield that. dustry's products. the balance of my time to the gen- Having said that, I want to again I want to thank Chairman BLILEY, Mr. DIN- tleman from New York (Mr. LAZIO), a thank everybody who placed their oars GELL, Chairman TAUZIN, Mr. WAXMAN, and member of the committee. into these waters and I urge the adop- many other members for the incredible The SPEAKER pro tempore (Mrs. tion of the conference report on H.R. amount of time and effort that has been put EMERSON). The gentleman from New 2281. into the effort of resolving outstanding issues. York is recognized for 2 minutes. Mr. MARKEY. Madam Speaker, I strongly And I want to thank the members of the Judi- Mr. LAZIO of New York. Madam support passing this bill which implements the ciary Committee, Chairman HYDE, Chairman Chairman, let me begin by thanking World Intellectual Property Organization COBLE, Mr. CONYERS, Mr. FRANK, Mr. BERMAN the gentleman from Virginia, the (WIPO) treaty. and others for their excellent work on these chairman of the Committee on Com- As the digital revolution sweeps over indus- issues. This is a good conference report and merce, and the gentleman from Louisi- tries and countries it will provide new opportu- I urge members to enthusiastically support it. ana, the subcommittee chairman, and nities for market growth and innovation, easier Mr. BERMAN. Madam Speaker, I am very the gentleman from North Carolina, access to remote information, and new dis- gratified that we finally have before us today who I have talked about many times at tribution channels for products and services. the conference report on H.R. 2281, the Digi- the back rail about this piece of legis- The United States clearly leads the world in tal Millennium Copyright Act. Enactment of this lation over here, and certainly the gen- software products such as computer pro- legislation will make it possible for the United tlemen from the other side. grams, movies, music, books and other multi- States to adhere to the World Intellectual Madam Speaker, I rise in strong sup- media products. In a post-GATT, post-NAFTA Property Organization (WIPO) Copyright Trea- port of this strong balanced bill that environmentÐin which we have made an im- ty, and to the WIPO Performances and we have before us today. The United plicit national economic decision to essentially Phonograms Treaty. States must lead the way on copyright let low-end jobs go and migrate to developing These treaties, in turn will lead to better law because we have the most at stake. countriesÐwe have an obligation as policy- legal protections for U.S. copyrighted mate- We are far and away the world’s largest makers to ensure that we establish the climate rialsÐmovies, recordings, music, computer creator, producer and exporter of copy- in which America garners the lion's share of programs, videogames, and text materialsÐ righted works. Whether it is movies, the high end, knowledge-based jobs of the around the world, and thus will contribute to music, computer innovation or school new global economy. increased U.S. exports and foreign sales of H10620 CONGRESSIONAL RECORD — HOUSE October 12, 1998 this valuable intellectual property, and to a de- ability to make perfect digital copies at the Madam Speaker, this is a critical issue to crease in the unacceptably large levels of pi- click of a mouseÐof CDs, movies, and com- the development of the Internet, and I believe racy these products experience today in far puter programs, has been a tremendous bene- that both sides in this debate need each other. too many overseas markets. As the global fit to consumers. But is has also created an If America's creators do not believe that their market for copyrighted materials increasingly enormous black market for pirated copies of works will be protected when they put them becomes a digitized, networked market, there these works that are indistinguishable from the on-line, then the Internet will lack the creative is no step that Congress can take that is more originals. Indistinguishable except for the fact content it needs to reach its true potential. important for the promotion of global electronic that the profits go to criminals running under- And if America's service providers are subject commerce in the fruits of Americans creativity. ground operations in places like China and to litigation for the acts of third parties at the This bill is the fruit of many long months of Thailand, rather than to the American authors, drop of a hat, they will lack the incentive to labor and I salute all of those inside and out- composers, songwriters, filmmakers and soft- provide quick and efficient access to the Inter- side this body who worked long and hard to- ware developers whose livelihoods depend net. The provisions of H.R. 2281 will allow the gether to achieve this goal. upon the royalties they earn from sale of their Internet to flourish, and I believe will prove to Ms. JACKSON-LEE of Texas. Madam works. be a win-win not only for both sides, but for Speaker, thank you for the opportunity to The enactment of this legislation is a major consumers, manufacturers, and Internet users speak on this important bill, H.R. 2281, which milestone in the battle to ensure that American throughout the nation. amends title 17, of the United States Code. creativity enjoys the same protection abroad I would also like to discuss the importance This Bill implements World Intellectual Prop- that we provide here at home. of the World Intellectual Property Organization erty Organization's sponsored copyright agree- I must voice one regret regarding the failure treaties, and this accompanying implementing ments signed by the United States in Geneva, of the conferees to retain the House-passed legislation, which are critical to protecting U.S. Switzerland. It also limits the liability on-line provision incorporating H.R. 2652, the Collec- copyrights overseas. The United States is the and Internet service providers may incur as a tions of Information Antipiracy Act. This meas- world leader in intellectual property. We export result of transmissions traveling through their ure would have prohibited the misappropria- billions of dollars worth of creative works every networks and systems. tion for commercial purposes of ``databases'' year in the form of software, books, video- Certainly, we all agree that the Internet, the whose compilation has required the invest- tapes, and records. Our ability to create so information superhighway, has enhanced and ment of substantial time and resources. many quality products has become a bulwark changed our medium of communication for- Like other digitized information, databases of our national economy, and it is vital that ever. With this evolution in technology, the law can be easily copied and distributed by un- copyright protection for these products not must conform to provide protection for copy- scrupulous competitors. Yet the people who stop at our borders. International protection of righted material that is transmitted through this create and maintain these compilations can do U.S. copyrights will be of tremendous benefit revolutionary tool. little to deter or punish this behavior, because to our economyÐbut we need to ratify the In December 1996, the World Intellectual most databases are not protected under cur- WIPO treaties for this to happen, and we need Property Organization convened to negotiate rent copyright law. to pass this legislation to ratify the treaties. multilateral treaties to protect copyrighted ma- H.R. 2652 would have amended the copy- I would also like to express my understand- terial in the digital environment and to provide right law to provide effective legal protection ing of the intent behind the provisions of H.R. stronger international protection for American against database piracy. Without this protec- 2281 that address certain technologies used recording artists. This bill does not require any tion, companies will have little incentive to to control copying of motion pictures in analog substantive changes in the existing copyright continue to invest their time and money in form on videocassette recorders, provisions laws. database development, and the public will pay that were not part of either the original House Also, this bill includes language intended to the price. or Senate bills. That section establishes cer- guard against interference with privacy; per- I hope that the subcommittee will revisit this tain requirements only for analog video- mits institutions of higher education to con- subject early in the next Congress, and I in- cassette recorders, analog videocassette tinue the fair use of copyrighted material; and tend to do all I can to see that this or similar camcorders, and professional analog video- a provision to protect service providers from legislation is enacted into law. cassette recorders. lawsuits when they act to assist copyright Mr. GOODLATTE. Madam Speaker, I rise In other words, these requirements exist owners in limiting and preventing infringement. today in support of H.R. 2281, the Digital Mil- only in the ``analog'' world. The limitations, for H.R. 2281, provides substantial protection to lennium Copyright Act. I would like to thank instance, with respect to certain transmissions prevent on-line theft of copyrighted materials. both Chairman COBLE and Chairman HYDE for apply only with respect to those transmissions This bill demonstrates our commitment to pro- their leadership on this issue. Additionally, I in analog form. tecting the personal rights and property of would like to thank them again for asking me The intent of the conferees is that these American citizens. More importantly, it works to lead the negotiations between the various provisions do not establish any obligations to eradicate crime and protect the intellectual parties on the issue of on-line service provider with respect to digital technologies, including property rights of America's corporations. liability for copyright infringement, which is in- computers or software. Copyright owners are Thus, I am compelled to support this bill. cluded in this important bill. free to use these or any other forms of copy Mr. DELAHUNT. Madam Speaker, I join my The issue of liability for on-line copyright in- control technology to protect their works in the colleagues on the Subcommittee on Courts fringement, especially where it involves third ``digital'' world, including in any digital broad- and Intellectual Property in support of the con- parties, is difficult and complex. For me per- casts, transmissions, or copies. ference agreement. This bill and the treaties it sonally, this issue is not a new one: during the It is also my understanding that the intent of would implement are of vital importance to 104th Congress, then-Chairman Carlos Moor- the conferees is that this provision neither es- America's copyright industries, and I congratu- head asked me to lead negotiations between tablishes, nor should it be interpreted as es- late the conferees on reaching a hard-won the parties. Although I held numerous meet- tablishing, a precedent for Congress to legis- agreement in time to send it to the President ings involving members of the content commu- late specific standards or specific technologies this year. nity and members of the service provider com- to be used as technological protection meas- The purpose of the treaties is to help curb munity, unfortunately we were not able to re- ures, particularly with respect to computers international piracy of copyrighted worksÐ solve this issue. and software. While it is not the intent of the which costs our country billions of dollars At the beginning of the 105th Congress, conferees to prejudice or affect ongoing nego- every yearÐby raising the standards for inter- Chairman COBEL asked me to again lead the tiations over digital video technology, it may national copyright protection. negotiations between the parties on this issue. become necessary in the future for Congress Few states are as seriously affected by soft- After a great deal of meetings and negotiation to consider protections for audiovisual works ware piracy as Massachusetts, which is home sessions, the copyright community and the in the digital environment. to some of the world's leading publishing, in- service provider community were able to suc- The conferees understand that technology formation technology and software companies. cessfully reach agreement. That agreement is develops best and most rapidly in response to Last year, some 2,200 Massachusetts-based included in the bill we are considering today. marketplace forces, and believe that private software companies had 130,000 employees No one is happier, except maybe those in parties should be free to apply their ingenuity and combined revenues of $7.8 billion. each community who spent countless hours to develop even better and more effective Piracy has always been a problem for these and a great deal of effort trying to reach technologies. companies, but with the advent of the digital agreement, than I am with the agreement con- Finally, regulatory agencies should not in- age, it has reached epidemic proportions. The tained in this bill. volve themselves in establishing specific October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10621 standards in the digital medium, in particular creasing importance that new communications articles of commerce, such as consumer elec- for software and computers. The technology devices have in information delivery, will be tronics, telecommunications, and computer changes far too fast, much more rapidly than accorded a central, deferential role in the for- products used by businesses and consumers regulatory standards. Therefore, regulation in mal rulemaking process. everyday, for perfectly legitimate purposes. this area is likely to impede, or in some cases The second change the conferees insisted Finally, the conferees included specific lan- even discourage, the development of new upon was a ``no mandate'' provision. This language allowing product manufacturers to ad- technologies. guage ensures that manufacturers of future just their products to accommodate adverse This bill is critical not only because it will digital telecommunications, computer, and effects caused by technological protection allow the Internet to flourish, but also because consumer electronics products will have the measures and copyright management informa- it ensures that America will remain the world freedom to choose parts and components in tion systems. These measures could have the leader in the development of intellectual prop- designing new equipment. Specifically, Section effect of materially degrading authorized per- erty. I urge each of my colleagues to support 1201(c)(3) provides that nothing in the sub- formances or displays of works, or causing re- the conference report to H.R. 2281. section requires that the design of, or design curring appreciably adverse effects. But, there Mr. KLUG. Madam Speaker, I rise today in and selection of parts and components for, a was real fear in the manufacturing and retail strong support of the conference report on consumer electronics, telecommunications, or communities of liability for circumvention if H.R. 2281, and to acknowledge my apprecia- computer product provide for a response to they took steps to mitigate the problem. I also tion of the efforts expended to create a ration- any particular technological measure, so long felt particularly strong that consumers have al, balanced bill for the 21st Century. as the device does not otherwise violate the the right to expect that the products they pur- About two months ago, I stood on this floor section. With my colleague from Virginia, Rep- chase will live up to their expectations and the and recognized that this Congress faced a dif- resentative BOUCHER, I originally persuaded retailing hype. So, the Commerce Committee ficult balancing act. One the one hand, there the members of the Commerce Committee to faced another balancing actÐpreserving the is concern for protecting the American creative delete the ``so long as'' phrase of the original value of the creative community while also af- communityÐthose who make movies and tele- Senate version. Our thinking, confirmed by fording consumers some basic protections and vision shows and software and books. On the committee counsel, was that this language guarantees. other hand, in an era of exploding information, was not just circular, but created serious ambi- We were only able to achieve directive re- and where increasingly having information is guity and uncertainty for product manufactur- port language on ``playability'' in the committee having power, we have a heightened obliga- ers because it was not clear whether a court, process. Using the base established by the tion to ensure access to that information. We judging the circumstances after the fact, would Commerce Committee, the conferees were should not be changing the rules of the road find that specific products fell within the scope able to craft explicit language exempting mak- in the middle of the game, creating a pay per of this provision and thus had to be designed ers and servicers of consumer electronics, view environment in which the use of a library to respond to protection measures. And, it is telecommunications, or computing products card always carries a fee and where the flow entirely possible that these protective meas- from liability if acting solely to mitigate of information comes with a meter that rings ures may require conflicting responses by the playability problems. With this absolute assur- up a charge every time the Internet is products. ance of freedom from suit under such cir- accessed. The conferees added back the language we cumstances, manufacturers should feel free to With the support of the House Commerce struck, but in a context in which the ``so long make product adjustments, and retailers, and Committee, under the leadership of Chairman as'' clause had some clear, understandable professional services should not be burdened BLILEY, Representative DINGELL, Representa- meaning. The language agreed to by the con- with the threat of litigation in repairing prod- tive TAUZIN, Representative MARKEY, and, ferees mandates a response by specified ana- ucts for their customers. most significantly, Representative BOUCHER, log devices to two known analog protection In short, the conference report achieves the we were able to implement two changes to the measures, thereby limiting the applicability of goal of implementing the WIPO treaties. But bill to instill the balance envisioned by our the ``so long as'' clause. In my opinion, spell- we have done so in a thoughtful, balanced constitutional architects and in the long tradi- ing out this single, specific limitation will pro- manner that promotes product development tion of the Commerce Committee. The first vide manufacturers, particularly those working and information usage, indeed the very change ensured that information users will on innovative digital products, the certainty ``progress of Science and the useful arts'' set continue to utilize information on a ``fair use'' they need to design their products to respond forth in the Constitution. I urge my colleagues basis, notwithstanding the prohibition on cir- to market conditions, not the threat of lawsuits. to vote for this legislation and yield back the cumvention. The second change allowed man- Both of these changes share one other im- balance of my time. ufacturers of a wide array of consumer prod- portant characteristic. Given the language con- The SPEAKER pro tempore. The ucts the certainty that design decisions could tained in the Judiciary Committee's original question is on the motion offered by be made solely on the basis of technological bill, specifically sections 1201(a)(1), (a)(2), and the gentleman from North Carolina innovation and consumer demand, not the dic- (b)(1), there was great reason to believe that (Mr. COBLE) that the House suspend the tates of the legal system. one of the fundamental laws of copyright was rules and agree to the conference re- These critical provisions were regrettably about to be overruled. That law, known as port on the bill, H.R. 2281. not part of the Senate-passed version of the Sony Corporation of America v. Universal Stu- The question was taken; and (two- legislation and, consequently, required nego- dios, 464 U.S. 417 (198), reinforced the cen- thirds having voted in favor thereof) tiation in conference. Although I was not a for- turies-old concept of fair use. It also validated the rules were suspended and the con- mal part of the House-Senate conference, I the legitimacy of products if capable of sub- ference report was agreed to. A motion to reconsider was laid on am pleased to support the outcome of those stantial non-infringing uses. The original ver- the table. discussions, and to single out the dedicated sion of the legislation threatened this standard, f efforts of Chairman BLILEY, Representative imposing liability on device manufacturers if TAUZIN, Representative DINGELL, Justin Lilley, the product is of limited commercial value. MESSAGE FROM THE SENATE Andy Levin, and Whitney Fox to preserve the Now, I'm not a lawyer, but it seems irra- A message from the Senate by Mr. important improvements wrought by the House tional to me to change the standard without at Lundregan, one of its clerks, an- Commerce Committee. least some modest showing that such a nounced that the Senate had passed The conference report reflects a number of change is necessary. And, changing the without amendment a joint resolution hard compromises, three of which I would like standard, in a very real sense, threatens the of the House of the following title: to discuss. First, the conferees maintain the very innovation and ingenuity that have been H.J. Res. 134. Joint Resolution making fur- strong fair use provision the Commerce Com- the hallmark of American products, both hard- ther continuing appropriations for the fiscal mittee crafted, for the benefit of libraries, uni- ware and content-related. I'm very pleased year 1999, and for other purposes. versities, and consumers generally. Section that the conferees have meaningfully clarified f 1201(c)(3) explicitly provides a meaningful that the Sony decision remains valid law. They role, in determining whether fair use rights are have also successfully limited the interpreta- ANNOUNCEMENT OF INTENTION TO or are likely to be adversely affected, for the tion of Sections 1201(a)(2) and (b)(1), the ``de- OFFER RESOLUTION RAISING Assistant Secretary of Commerce for Commu- vice'' provisions, to outlaw only those products QUESTION OF PRIVILEGES OF nications and Information in the mandated having no legitimate purpose. As the con- THE HOUSE rulemaking. I trust that the recommendations ference report makes clear, these two sections Mr. TRAFICANT. Madam Chairman, made by the Assistant Secretary, given the in- now must be read to support, not stifle, staple pursuant to clause 2(a)(I) of rule IX, I H10622 CONGRESSIONAL RECORD — HOUSE October 12, 1998 hereby give notice of my intention to this Act an amendment or repeal is ex- ing ‘‘June 30, 1998’’ and inserting ‘‘December offer a resolution which raises a ques- pressed in terms of an amendment to, or re- 31, 1999’’. tion of the privileges of the House. peal of, a section or other provision, the ref- (c) EFFECTIVE DATE.—The amendments The form of the resolution is as fol- erence shall be considered to be made to a made by this section shall apply to amounts paid or incurred after June 30, 1998. lows: section or other provision of the Internal Revenue Code of 1986. SEC. 102. WORK OPPORTUNITY CREDIT. In accordance with House rule IX, clause 1, (b) TABLE OF CONTENTS.— (a) TEMPORARY EXTENSION.—Subparagraph expressing the sense of the House that its in- Sec. 1. Amendment of 1986 Code; table of (B) of section 51(c)(4) (relating to termi- tegrity has been impugned because the anti- contents. nation) is amended by striking ‘‘June 30, dumping provisions of the Trade and Tariff 1998’’ and inserting ‘‘December 31, 1999’’. Act of 1930, Subtitle B of Title VII, have not TITLE I—EXTENSION AND MODIFICA- (b) EFFECTIVE DATE.—The amendment been expeditiously enforced: Now, therefore, TION OF CERTAIN EXPIRING PROVI- SIONS made by this section shall apply to individ- be it uals who begin work for the employer after Resolved by the House of Representatives Subtitle A—Tax Provisions June 30, 1998. that the House of Representatives calls upon Sec. 101. Research credit. SEC. 103. INCOME AVERAGING FOR FARMERS the President to: Sec. 102. Work opportunity credit. (1) Immediately review for a period of 10 MADE PERMANENT. Sec. 103. Income averaging for farmers made Subsection (c) of section 933 of the Tax- days the entry into the customs territory of permanent. the United States of hot-rolled steel prod- payer Relief Act of 1997 is amended by strik- Sec. 104. Contributions of stock to private ing ‘‘, and before January 1, 2001’’. ucts or plate steel products that are the foundations; expanded public product or manufacture of Japan, Russia, or SEC. 104. CONTRIBUTIONS OF STOCK TO PRIVATE inspection of private founda- FOUNDATIONS; EXPANDED PUBLIC Brazil; tions’ annual returns. (2) If, after the above-reference review pe- INSPECTION OF PRIVATE FOUNDA- Sec. 105. Subpart F exemption for active fi- TIONS’ ANNUAL RETURNS. riod, the President finds that the govern- nancing income. (a) SPECIAL RULE FOR CONTRIBUTIONS OF ments of Japan, Russia, or Brazil are not Sec. 106. Disclosure of return information on STOCK MADE PERMANENT.— abiding by the spirit and letter of inter- income contingent student (1) IN GENERAL.—Paragraph (5) of section national trade agreements with respect to loans. 170(e) is amended by striking subparagraph dumping, the President shall immediately (D) (relating to termination). impose a one-year ban on imports of hot- Subtitle B—Generalized System of (2) EFFECTIVE DATE.—The amendment rolled steel products and plate steel products Preferences made by paragraph (1) shall apply to con- that are the product or manufacture of Sec. 111. Extension of Generalized System of tributions made after June 30, 1998. Japan, Russia or Brazil; Preferences. (b) EXPANDED PUBLIC INSPECTION OF PRI- (3) Establish a task force within the Execu- TITLE II—OTHER PROVISIONS VATE FOUNDATIONS’ ANNUAL RETURNS, ETC.— tive Branch to closely monitor U.S. imports Sec. 201. Depreciation study. (1) IN GENERAL.—Section 6104 (relating to of steel from other countries to determine Sec. 202. Production flexibility contract publicity of information required from cer- whether or not international trade agree- payments. tain exempt organizations and certain ments are being violated with respect to Sec. 203. 100 percent deduction for health in- trusts) is amended by striking subsections dumping; and, surance costs of self-employed (d) and (e) and inserting after subsection (c) (4) Report to the Congress by no later than individuals. January 5, 1999, on any other actions the Ex- the following new subsection: Sec. 204. Increase in volume cap on private ‘‘(d) PUBLIC INSPECTION OF CERTAIN ANNUAL ecutive Branch has taken or intends to take activity bonds. to ensure that all of the trading partners of RETURNS AND APPLICATIONS FOR EXEMP- Sec. 205. Modification of estimated tax safe TION.— the United States abide by the spirit and let- harbors. ter of international trade agreements with ‘‘(1) IN GENERAL.—In the case of an organi- Sec. 206. Exemption for students employed zation described in subsection (c) or (d) of respect to the import into the United States by State schools, colleges, or of steel products. section 501 and exempt from taxation under universities. section 501(a)— The SPEAKER pro tempore. Under TITLE III—REVENUE OFFSETS ‘‘(A) a copy of— rule IX, a resolution offered from the Sec. 301. Treatment of certain deductible ‘‘(i) the annual return filed under section floor by a Member other than the ma- liquidating distributions of reg- 6033 (relating to returns by exempt organiza- jority leader or the minority leader as ulated investment companies tions) by such organization; and a question of the privileges of the and real estate investment ‘‘(ii) if the organization filed an applica- House has immediate precedence only trusts. tion for recognition of exemption under sec- at a time or place designated by the Sec. 302. Inclusion of rotavirus tion 501, the exempt status application materials of such organization, Speaker in the legislative schedule gastroenteritis as a taxable within two legislative days of its being vaccine. shall be made available by such organization Sec. 303. Clarification and expansion of for inspection during regular business hours properly noticed. The Chair will an- mathematical error assessment by any individual at the principal office of nounce the Chair’s designation at a procedures. such organization and, if such organization later time. The Chair’s determination Sec. 304. Clarification of definition of speci- regularly maintains 1 or more regional or as to whether the resolution con- fied liability loss. district offices having 3 or more employees, stitutes a question of privilege will be TITLE IV—TECHNICAL CORRECTIONS at each such regional or district office; and ‘‘(B) upon request of an individual made at made at the time designated by the Sec. 401. Definitions; coordination with such principal office or such a regional or Chair for consideration of the resolu- other titles. district office, a copy of such annual return tion. Sec. 402. Amendments related to Internal and exempt status application materials Revenue Service Restructuring f shall be provided to such individual without and Reform Act of 1998. charge other than a reasonable fee for any EXTENDING CERTAIN EXPIRING Sec. 403. Amendments related to Taxpayer reproduction and mailing costs. PROVISIONS OF THE INTERNAL Relief Act of 1997. REVENUE CODE Sec. 404. Amendments related to Tax Re- The request described in subparagraph (B) must be made in person or in writing. If such Mr. ARCHER. Madam Speaker, I form Act of 1984. Sec. 405. Other amendments. request is made in person, such copy shall be move to suspend the rules and pass the provided immediately and, if made in writ- TITLE I—EXTENSION AND MODIFICATION bill (H.R. 4738) to amend the Internal ing, shall be provided within 30 days. OF CERTAIN EXPIRING PROVISIONS Revenue Code of 1986 to extend certain ‘‘(2) 3-YEAR LIMITATION ON INSPECTION OF expiring provisions, provide tax relief Subtitle A—Tax Provisions RETURNS.—Paragraph (1) shall apply to an for farmers and small businesses, and SEC. 101. RESEARCH CREDIT. annual return filed under section 6033 only for other purposes, as amended. (a) TEMPORARY EXTENSION.—Paragraph (1) during the 3-year period beginning on the The Clerk read as follows: of section 41(h) (relating to termination) is last day prescribed for filing such return (de- amended— termined with regard to any extension of H.R. 4738 (1) by striking ‘‘June 30, 1998’’ and insert- time for filing). Be it enacted by the Senate and House of Rep- ing ‘‘December 31, 1999’’; ‘‘(3) EXCEPTIONS FROM DISCLOSURE REQUIRE- resentatives of the United States of America in (2) by striking ‘‘24-month’’ and inserting MENT.— Congress assembled, ‘‘42-month’’; and ‘‘(A) NONDISCLOSURE OF CONTRIBUTORS, SECTION 1. AMENDMENT OF 1986 CODE; TABLE (3) by striking ‘‘24 months’’ and inserting ETC.—Paragraph (1) shall not require the dis- OF CONTENTS. ‘‘42 months’’. closure of the name or address of any con- (a) AMENDMENT OF 1986 CODE.—Except as (b) TECHNICAL AMENDMENT.—Subparagraph tributor to the organization. In the case of otherwise expressly provided, whenever in (D) of section 45C(b)(1) is amended by strik- an organization described in section 501(d), October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10623

paragraph (1) shall not require the disclosure ‘‘(B) PREDOMINANTLY ENGAGED.—A con- ‘‘(ii) in the case of a qualified business of the copies referred to in section 6031(b) trolled foreign corporation shall be treated unit, only items of income, deduction, gain, with respect to such organization. as predominantly engaged in the active con- or loss and activities properly allocable or ‘‘(B) NONDISCLOSURE OF CERTAIN OTHER IN- duct of a banking, financing, or similar busi- attributable to such unit. FORMATION.—Paragraph (1) shall not require ness if— ‘‘(4) LENDING OR FINANCE BUSINESS.—For the disclosure of any information if the Sec- ‘‘(i) more than 70 percent of the gross in- purposes of this subsection, the term ‘lend- retary withheld such information from pub- come of the controlled foreign corporation is ing or finance business’ means the business lic inspection under subsection (a)(1)(D). derived directly from the active and regular of— ‘‘(4) LIMITATION ON PROVIDING COPIES.— conduct of a lending or finance business from ‘‘(A) making loans, Paragraph (1)(B) shall not apply to any re- transactions with customers which are not ‘‘(B) purchasing or discounting accounts quest if, in accordance with regulations pro- related persons, receivable, notes, or installment obligations, mulgated by the Secretary, the organization ‘‘(ii) it is engaged in the active conduct of ‘‘(C) engaging in leasing (including enter- has made the requested documents widely a banking business and is an institution li- ing into leases and purchasing, servicing, available, or the Secretary determines, upon censed to do business as a bank in the United and disposing of leases and leased assets), application by an organization, that such re- States (or is any other corporation not so li- ‘‘(D) issuing letters of credit or providing quest is part of a harassment campaign and censed which is specified by the Secretary in guarantees, that compliance with such request is not in regulations), or ‘‘(E) providing charge and credit card serv- the public interest. ‘‘(iii) it is engaged in the active conduct of ices, or ‘‘(5) EXEMPT STATUS APPLICATION MATE- a securities business and is registered as a ‘‘(F) rendering services or making facili- RIALS.—For purposes of paragraph (1), the securities broker or dealer under section ties available in connection with activities term ‘exempt status applicable materials’ 15(a) of the Securities Exchange Act of 1934 described in subparagraphs (A) through (E) means the application for recognition of ex- or is registered as a Government securities carried on by— emption under section 501 and any papers broker or dealer under section 15C(a) of such ‘‘(i) the corporation (or qualified business submitted in support of such application and Act (or is any other corporation not so reg- unit) rendering services or making facilities any letter or other document issued by the istered which is specified by the Secretary in available, or Internal Revenue Service with respect to regulations). ‘‘(ii) another corporation (or qualified busi- such application.’’. ‘‘(3) QUALIFIED BANKING OR FINANCING IN- ness unit of a corporation) which is a mem- (2) CONFORMING AMENDMENTS.— COME.—For purposes of this subsection— ber of the same affiliated group (as defined (A) Subsection (c) of section 6033 is amend- ‘‘(A) IN GENERAL.—The term ‘qualified in section 1504, but determined without re- ed by adding ‘‘and’’ at the end of paragraph banking or financing income’ means income gard to section 1504(b)(3)). (1), by striking paragraph (2), and by redesig- of an eligible controlled foreign corporation ‘‘(5) OTHER DEFINITIONS.—For purposes of nating paragraph (3) as paragraph (2). which— this subsection— (B) Subparagraph (C) of section 6652(c)(1) is ‘‘(i) is derived in the active conduct of a ‘‘(A) CUSTOMER.—The term ‘customer’ amended by striking ‘‘subsection (d) or (e)(1) banking, financing, or similar business by— means, with respect to any controlled for- of section 6104 (relating to public inspection ‘‘(I) such eligible controlled foreign cor- eign corporation or qualified business unit, of annual returns)’’ and inserting ‘‘section poration, or any person which has a customer relation- 6104(d) with respect to any annual return’’. ‘‘(II) a qualified business unit of such eligi- ship with such corporation or unit and which (C) Subparagraph (D) of section 6652(c)(1) is ble controlled foreign corporation, is acting in its capacity as such. amended by striking ‘‘section 6104(e)(2) (re- ‘‘(ii) is derived from one or more trans- ‘‘(B) HOME COUNTRY.—Except as provided in lating to public inspection of applications actions— regulations— for exemption)’’ and inserting ‘‘section ‘‘(I) with customers located in a country ‘‘(i) CONTROLLED FOREIGN CORPORATION.— 6104(d) with respect to any exempt status ap- other than the United States, and The term ‘home country’ means, with re- plication materials (as defined in such sec- ‘‘(II) substantially all of the activities in spect to any controlled foreign corporation, tion)’’. connection with which are conducted di- the country under the laws of which the cor- (D) Section 6685 is amended by striking ‘‘or rectly by the corporation or unit in its home poration was created or organized. (e)’’. country, and ‘‘(ii) QUALIFIED BUSINESS UNIT.—The term (E) Section 7207 is amended by striking ‘‘or ‘‘(iii) is treated as earned by such corpora- ‘home country’ means, with respect to any (e)’’. tion or unit in its home country for purposes qualified business unit, the country in which (3) EFFECTIVE DATE.— of such country’s tax laws. such unit maintains its principal office. (A) IN GENERAL.—Except as provided in ‘‘(B) LIMITATION ON NONBANKING AND NON- ‘‘(C) LOCATED.—The determination of subparagraph (B), the amendments made by SECURITIES BUSINESSES.—No income of an eli- where a customer is located shall be made this subsection shall apply to requests made gible controlled foreign corporation not de- under rules prescribed by the Secretary. after the later of December 31, 1998, or the scribed in clause (ii) or (iii) of paragraph ‘‘(D) QUALIFIED BUSINESS UNIT.—The term 60th day after the Secretary of the Treasury (2)(B) (or of a qualified business unit of such ‘qualified business unit’ has the meaning first issues the regulations referred to in corporation) shall be treated as qualified given such term by section 989(a). such section 6104(d)(4) of the Internal Reve- banking or financing income unless more ‘‘(E) RELATED PERSON.—The term ‘related nue Code of 1986, as amended by this section. than 30 percent of such corporation’s or person’ has the meaning given such term by (B) PUBLICATION OF ANNUAL RETURNS.—Sec- unit’s gross income is derived directly from subsection (d)(3). tion 6104(d) of such Code, as in effect before the active and regular conduct of a lending ‘‘(6) COORDINATION WITH EXCEPTION FOR the amendments made by this subsection, or finance business from transactions with DEALERS.—Paragraph (1) shall not apply to shall not apply to any return the due date customers which are not related persons and income described in subsection (c)(2)(C)(ii) of for which is after the date such amendments which are located within such corporation’s a dealer in securities (within the meaning of take effect under subparagraph (A). or unit’s home country. section 475) which is an eligible controlled UBSTANTIAL ACTIVITY REQUIREMENT SEC. 105. SUBPART F EXEMPTION FOR ACTIVE FI- ‘‘(C) S foreign corporation described in paragraph NANCING INCOME. FOR CROSS BORDER INCOME.—The term ‘quali- (2)(B)(iii). (a) INCOME DERIVED FROM BANKING, FI- fied banking or financing income’ shall not ‘‘(7) ANTI-ABUSE RULES.—For purposes of NANCING, OR SIMILAR BUSINESSES.—Section include income derived from 1 or more trans- applying this subsection and subsection 954(h) (relating to income derived in the ac- actions with customers located in a country (c)(2)(C)(ii)— tive conduct of banking, financing, or simi- other than the home country of the eligible ‘‘(A) there shall be disregarded any item of lar businesses) is amended to read as follows: controlled foreign corporation or a qualified income, gain, loss, or deduction with respect ‘‘(h) SPECIAL RULE FOR INCOME DERIVED IN business unit of such corporation unless such to any transaction or series of transactions THE ACTIVE CONDUCT OF BANKING, FINANCING, corporation or unit conducts substantial ac- one of the principal purposes of which is OR SIMILAR BUSINESSES.— tivity with respect to a banking, financing, qualifying income or gain for the exclusion ‘‘(1) IN GENERAL.—For purposes of sub- or similar business in its home country. under this section, including any transaction section (c)(1), foreign personal holding com- ‘‘(D) DETERMINATIONS MADE SEPARATELY.— or series of transactions a principal purpose pany income shall not include qualified For purposes of this paragraph, the qualified of which is the acceleration or deferral of banking or financing income of an eligible banking or financing income of an eligible any item in order to claim the benefits of controlled foreign corporation. controlled foreign corporation and each such exclusion through the application of ‘‘(2) ELIGIBLE CONTROLLED FOREIGN COR- qualified business unit of such corporation this subsection, PORATION.—For purposes of this subsection— shall be determined separately for such cor- ‘‘(B) there shall be disregarded any item of ‘‘(A) IN GENERAL.—The term ‘eligible con- poration and each such unit by taking into income, gain, loss, or deduction of an entity trolled foreign corporation’ means a con- account— which is not engaged in regular and continu- trolled foreign corporation which— ‘‘(i) in the case of the eligible controlled ous transactions with customers which are ‘‘(i) is predominantly engaged in the active foreign corporation, only items of income, not related persons, conduct of a banking, financing, or similar deduction, gain, or loss and activities of such ‘‘(C) there shall be disregarded any item of business, and corporation not properly allocable or attrib- income, gain, loss, or deduction with respect ‘‘(ii) conducts substantial activity with re- utable to any qualified business unit of such to any transaction or series of transactions spect to such business. corporation, and utilizing, or doing business with— H10624 CONGRESSIONAL RECORD — HOUSE October 12, 1998 ‘‘(i) one or more entities in order to satisfy pany branch of such company shall be deter- except that in the case of a branch, such pre- any home country requirement under this mined separately for such company and each miums shall only be taken into account to subsection, or such branch by taking into account— the extent such premiums are treated as ‘‘(ii) a special purpose entity or arrange- ‘‘(i) in the case of the qualifying insurance earned by such branch in its home country ment, including a securitization, financing, company, only items of income, deduction, for purposes of such country’s tax laws, and or similar entity or arrangement, gain, or loss, and activities of such company ‘‘(C) is engaged in the insurance business if one of the principal purposes of such trans- not properly allocable or attributable to any and would be subject to tax under subchapter action or series of transactions is qualifying qualifying insurance company branch of such L if it were a domestic corporation. income or gain for the exclusion under this company, and ‘‘(4) QUALIFYING INSURANCE COMPANY subsection, and ‘‘(ii) in the case of a qualifying insurance BRANCH.—The term ‘qualifying insurance ‘‘(D) a related person, an officer, a director, company branch, only items of income, de- company branch’ means a qualified business or an employee with respect to any con- duction, gain, or loss and activities properly unit (within the meaning of section 989(a)) of trolled foreign corporation (or qualified busi- allocable or attributable to such branch. a controlled foreign corporation if— ness unit) which would otherwise be treated ‘‘(2) EXEMPT CONTRACT.— ‘‘(A) such unit is licensed, authorized, or as a customer of such corporation or unit ‘‘(A) IN GENERAL.—The term ‘exempt con- regulated by the applicable insurance regu- with respect to any transaction shall not be tract’ means an insurance or annuity con- latory body for its home country to sell in- so treated if a principal purpose of such tract issued or reinsured by a qualifying insurance, reinsurance, or annuity contracts transaction is to satisfy any requirement of surance company or qualifying insurance to persons other than related persons (within this subsection. company branch in connection with property the meaning of section 954(d)(3)) in such ‘‘(8) REGULATIONS.—The Secretary shall in, liability arising out of activity in, or the home country, and prescribe such regulations as may be nec- lives or health of residents of, a country ‘‘(B) such controlled foreign corporation is essary or appropriate to carry out the pur- other than the United States. a qualifying insurance company, determined poses of this subsection, subsection ‘‘(B) MINIMUM HOME COUNTRY INCOME RE- under paragraph (3) as if such unit were a (c)(1)(B)(i), subsection (c)(2)(C)(ii), and the QUIRED.— qualifying insurance company branch. last sentence of subsection (e)(2). ‘‘(i) IN GENERAL.—No contract of a qualify- ‘‘(5) LIFE INSURANCE OR ANNUITY CON- ‘‘(9) APPLICATION.—This subsection, sub- ing insurance company or of a qualifying in- TRACT.—For purposes of this section and sec- section (c)(2)(C)(ii), and the last sentence of surance company branch shall be treated as tion 954, the determination of whether a con- subsection (e)(2) shall apply only to the first an exempt contract unless such company or tract issued by a controlled foreign corpora- taxable year of a foreign corporation begin- branch derives more than 30 percent of its tion or a qualified business unit (within the ning after December 31, 1998, and before Jan- net written premiums from exempt contracts meaning of section 989(a)) is a life insurance uary 1, 2000, and to taxable years of United (determined without regard to this subpara- contract or an annuity contract shall be States shareholders with or within which graph)— made without regard to sections 72(s), 101(f), such taxable year of such foreign corporation ‘‘(I) which cover applicable home country 817(h), and 7702 if— ends.’’. risks, and ‘‘(A) such contract is regulated as a life in- (b) INCOME DERIVED FROM INSURANCE BUSI- ‘‘(II) with respect to which no policyholder, surance or annuity contract by the corpora- NESS.— insured, annuitant, or beneficiary is a relat- tion’s or unit’s home country, and (1) INCOME ATTRIBUTABLE TO ISSUANCE OR ed person (as defined in section 954(d)(3)). ‘‘(B) no policyholder, insured, annuitant, REINSURANCE.— ‘‘(ii) APPLICABLE HOME COUNTRY RISKS.— or beneficiary with respect to the contract is (A) IN GENERAL.—Section 953(a) (defining The term ‘applicable home country risks’ a United States person. insurance income) is amended to read as fol- means risks in connection with property in, ‘‘(6) HOME COUNTRY.—For purposes of this lows: liability arising out of activity in, or the subsection, except as provided in regula- ‘‘(a) INSURANCE INCOME.— lives or health of residents of, the home tions— ‘‘(1) IN GENERAL.—For purposes of section country of the qualifying insurance company ‘‘(A) CONTROLLED FOREIGN CORPORATION.— 952(a)(1), the term ‘insurance income’ means or qualifying insurance company branch, as The term ‘home country’ means, with re- any income which— the case may be, issuing or reinsuring the spect to a controlled foreign corporation, the ‘‘(A) is attributable to the issuing (or rein- contract covering the risks. country in which such corporation is created suring) of an insurance or annuity contract, ‘‘(C) SUBSTANTIAL ACTIVITY REQUIREMENTS or organized. and FOR CROSS BORDER RISKS.—A contract issued ‘‘(B) QUALIFIED BUSINESS UNIT.—The term ‘‘(B) would (subject to the modifications by a qualifying insurance company or quali- ‘home country’ means, with respect to a provided by subsection (b)) be taxed under fying insurance company branch which cov- qualified business unit (as defined in section subchapter L of this chapter if such income ers risks other than applicable home country 989(a)), the country in which the principal of- were the income of a domestic insurance risks (as defined in subparagraph (B)(ii)) fice of such unit is located and in which such company. shall not be treated as an exempt contract unit is licensed, authorized, or regulated by ‘‘(2) EXCEPTION.—Such term shall not in- unless such company or branch, as the case the applicable insurance regulatory body to clude any exempt insurance income (as de- may be— sell insurance, reinsurance, or annuity con- fined in subsection (e)).’’. ‘‘(i) conducts substantial activity with re- tracts to persons other than related persons (B) EXEMPT INSURANCE INCOME.—Section spect to an insurance business in its home (as defined in section 954(d)(3)) in such coun- 953 (relating to insurance income) is amend- country, and try. ed by adding at the end the following new ‘‘(ii) performs in its home country substan- ‘‘(7) ANTI-ABUSE RULES.—For purposes of subsection: tially all of the activities necessary to give applying this subsection and section 954(i)— ‘‘(e) EXEMPT INSURANCE INCOME.—For pur- rise to the income generated by such con- ‘‘(A) the rules of section 954(h)(7) (other poses of this section— tract. than subparagraph (B) thereof) shall apply, ‘‘(1) EXEMPT INSURANCE INCOME DEFINED.— ‘‘(3) QUALIFYING INSURANCE COMPANY.—The ‘‘(B) there shall be disregarded any item of ‘‘(A) IN GENERAL.—The term ‘exempt insur- term ‘qualifying insurance company’ means income, gain, loss, or deduction of, or de- ance income’ means income derived by a any controlled foreign corporation which— rived from, an entity which is not engaged in qualifying insurance company which— ‘‘(A) is subject to regulation as an insur- regular and continuous transactions with ‘‘(i) is attributable to the issuing (or rein- ance (or reinsurance) company by its home persons which are not related persons, suring) of an exempt contract by such com- country, and is licensed, authorized, or regu- ‘‘(C) there shall be disregarded any change pany or a qualifying insurance company lated by the applicable insurance regulatory in the method of computing reserves a prin- branch of such company, and body for its home country to sell insurance, cipal purpose of which is the acceleration or ‘‘(ii) is treated as earned by such company reinsurance, or annuity contracts to persons deferral of any item in order to claim the or branch in its home country for purposes of other than related persons (within the mean- benefits of this subsection or section 954(i), such country’s tax laws. ing of section 954(d)(3)) in such home coun- ‘‘(D) a contract of insurance or reinsurance ‘‘(B) EXCEPTION FOR CERTAIN ARRANGE- try, shall not be treated as an exempt contract MENTS.—Such term shall not include income ‘‘(B) derives more than 50 percent of its ag- (and premiums from such contract shall not attributable to the issuing (or reinsuring) of gregate net written premiums from the be taken into account for purposes of para- an exempt contract as the result of any ar- issuance or reinsurance by such controlled graph (2)(B) or (3)) if— rangement whereby another corporation re- foreign corporation and each of its qualify- ‘‘(i) any policyholder, insured, annuitant, ceives a substantially equal amount of pre- ing insurance company branches of con- or beneficiary is a resident of the United miums or other consideration in respect of tracts— States and such contract was marketed to issuing (or reinsuring) a contract which is ‘‘(i) covering applicable home country such resident and was written to cover a risk not an exempt contract. risks (as defined in paragraph (2)) of such outside the United States, or ‘‘(C) DETERMINATIONS MADE SEPARATELY.— corporation or branch, as the case may be, ‘‘(ii) the contract covers risks located For purposes of this subsection and section and within and without the United States and 954(i), the exempt insurance income and ex- ‘‘(ii) with respect to which no policyholder, the qualifying insurance company or qualify- empt contracts of a qualifying insurance insured, annuitant, or beneficiary is a relating insurance company branch does not company or any qualifying insurance com- ed person (as defined in section 954(d)(3)), maintain such contemporaneous records, and October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10625

file such reports, with respect to such con- quirements of section 817), income credited (c) SPECIAL RULES FOR DEALERS.—Section tract as the Secretary may require, under such contract shall be allocable only 954(c)(2)(C) is amended to read as follows: ‘‘(E) the Secretary may prescribe rules for to such contract, and ‘‘(C) EXCEPTION FOR DEALERS.—Except as the allocation of contracts (and income from ‘‘(B) income not allocable under subpara- provided by regulations, in the case of a reg- contracts) among 2 or more qualifying insur- graph (A) shall be allocated ratably among ular dealer in property which is property de- ance company branches of a qualifying insur- contracts not described in subparagraph (A). scribed in paragraph (1)(B), forward con- ance company in order to clearly reflect the ‘‘(4) METHODS FOR DETERMINING UNEARNED tracts, option contracts, or similar financial income of such branches, and PREMIUMS AND RESERVES.—For purposes of instruments (including notional principal ‘‘(F) premiums from a contract shall not be paragraph (2)(A)— contracts and all instruments referenced to taken into account for purposes of paragraph ‘‘(A) PROPERTY AND CASUALTY CONTRACTS.— commodities), there shall not be taken into (2)(B) or (3) if such contract reinsures a con- The unearned premiums and reserves of a account in computing foreign personal hold- tract issued or reinsured by a related person qualifying insurance company or a qualifying company income— (as defined in section 954(d)(3)). ing insurance company branch with respect ‘‘(i) any item of income, gain, deduction, or For purposes of subparagraph (D), the deter- to property, casualty, or health insurance loss (other than any item described in sub- mination of where risks are located shall be contracts shall be determined using the same paragraph (A), (E), or (G) of paragraph (1)) made under the principles of section 953. methods and interest rates which would be from any transaction (including hedging ‘‘(8) COORDINATION WITH SUBSECTION (c).—In used if such company or branch were subject transactions) entered into in the ordinary determining insurance income for purposes to tax under subchapter L, except that— course of such dealer’s trade or business as of subsection (c), exempt insurance income ‘‘(i) the interest rate determined for the such a dealer, and shall not include income derived from ex- functional currency of the company or ‘‘(ii) if such dealer is a dealer in securities empt contracts which cover risks other than branch, and which, except as provided by the (within the meaning of section 475), any in- applicable home country risks. Secretary, is calculated in the same manner terest or dividend or equivalent amount de- ‘‘(9) REGULATIONS.—The Secretary shall as the Federal mid-term rate under section scribed in subparagraph (E) or (G) of para- prescribe such regulations as may be nec- 1274(d), shall be substituted for the applica- graph (1) from any transaction (including essary or appropriate to carry out the pur- ble Federal interest rate, and any hedging transaction or transaction de- poses of this subsection and section 954(i). ‘‘(ii) such company or branch shall use the scribed in section 956(c)(2)(J)) entered into in ‘‘(10) APPLICATION.—This subsection and appropriate foreign loss payment pattern. the ordinary course of such dealer’s trade or section 954(i) shall apply only to the first ‘‘(B) LIFE INSURANCE AND ANNUITY CON- business as such a dealer in securities, but taxable year of a foreign corporation begin- TRACTS.—The amount of the reserve of a only if the income from the transaction is ning after December 31, 1998, and before Jan- qualifying insurance company or qualifying attributable to activities of the dealer in the uary 1, 2000, and to taxable years of United insurance company branch for any life insur- country under the laws of which the dealer is States shareholders with or within which ance or annuity contract shall be equal to created or organized (or in the case of a such taxable year of such foreign corporation the greater of— qualified business unit described in section ends. ‘‘(i) the net surrender value of such con- 989(a), is attributable to activities of the tract (as defined in section 807(e)(1)(A)), or ‘‘(11) CROSS REFERENCE.— unit in the country in which the unit both ‘‘(ii) the reserve determined under para- maintains its principal office and conducts ‘‘For income exempt from foreign personal graph (5). substantial business activity).’’. holding company income, see section 954(i).’’. ‘‘(C) LIMITATION ON RESERVES.—In no event (d) EXEMPTION FROM FOREIGN BASE COM- (2) EXEMPTION FROM FOREIGN PERSONAL shall the reserve determined under this para- PANY SERVICES INCOME.—Paragraph (2) of HOLDING COMPANY INCOME.—Section 954 (de- graph for any contract as of any time exceed section 954(e) is amended by inserting ‘‘or’’ fining foreign base company income) is the amount which would be taken into ac- at the end of subparagraph (A), by striking ‘‘, amended by adding at the end the following count with respect to such contract as of or’’ at the end of subparagraph (B) and in- new subsection: such time in determining foreign statement serting a period, by striking subparagraph ‘‘(i) SPECIAL RULE FOR INCOME DERIVED IN reserves (less any catastrophe, deficiency, (C), and by adding at the end the following THE ACTIVE CONDUCT OF INSURANCE BUSI- equalization, or similar reserves). new flush sentence: NESS.— ‘‘(5) AMOUNT OF RESERVE.—The amount of ‘‘(1) IN GENERAL.—For purposes of sub- the reserve determined under this paragraph ‘‘Paragraph (1) shall also not apply to in- section (c)(1), foreign personal holding com- with respect to any contract shall be deter- come which is exempt insurance income (as pany income shall not include qualified in- mined in the same manner as it would be de- defined in section 953(e)) or which is not surance income of a qualifying insurance termined if the qualifying insurance com- treated as foreign personal holding income company. pany or qualifying insurance company by reason of subsection (c)(2)(C)(ii), (h), or ‘‘(2) QUALIFIED INSURANCE INCOME.—The branch were subject to tax under subchapter (i).’’. term ‘qualified insurance income’ means in- L, except that in applying such subchapter— (e) EXEMPTION FOR GAIN.—Section come of a qualifying insurance company ‘‘(A) the interest rate determined for the 954(c)(1)(B)(i) (relating to net gains from cer- which is— functional currency of the company or tain property transactions) is amended by ‘‘(A) received from a person other than a branch, and which, except as provided by the inserting ‘‘other than property which gives related person (within the meaning of sub- Secretary, is calculated in the same manner rise to income not treated as foreign per- section (d)(3)) and derived from the invest- as the Federal mid-term rate under section sonal holding company income by reason of ments made by a qualifying insurance com- 1274(d), shall be substituted for the applica- subsection (h) or (i) for the taxable year’’ be- pany or a qualifying insurance company ble Federal interest rate, fore the comma at the end. branch of its reserves allocable to exempt ‘‘(B) the highest assumed interest rate per- SEC. 106. DISCLOSURE OF RETURN INFORMA- contracts or of 80 percent of its unearned mitted to be used in determining foreign TION ON INCOME CONTINGENT STU- premiums from exempt contracts (as both statement reserves shall be substituted for DENT LOANS. are determined in the manner prescribed the prevailing State assumed interest rate, Subparagraph (D) of section 6103(l)(13) (re- under paragraph (4)), or and lating to disclosure of return information to ‘‘(B) received from a person other than a ‘‘(C) tables for mortality and morbidity carry out income contingent repayment of related person (within the meaning of sub- which reasonably reflect the current mortal- student loans) is amended by striking ‘‘Sep- section (d)(3)) and derived from investments ity and morbidity risks in the company’s or tember 30, 1998’’ and inserting ‘‘September made by a qualifying insurance company or branch’s home country shall be substituted 30, 2003’’. a qualifying insurance company branch of an for the mortality and morbidity tables oth- Subtitle B—Generalized System of amount of its assets allocable to exempt con- erwise used for such subchapter. Preferences tracts equal to— The Secretary may provide that the interest SEC. 111. EXTENSION OF GENERALIZED SYSTEM ‘‘(i) in the case of property, casualty, or rate and mortality and morbidity tables of a OF PREFERENCES. health insurance contracts, one-third of its qualifying insurance company may be used (a) EXTENSION OF DUTY-FREE TREATMENT premiums earned on such insurance con- for 1 or more of its qualifying insurance com- UNDER SYSTEM.—Section 505 of the Trade tracts during the taxable year (as defined in pany branches when appropriate. Act of 1974 (29 U.S.C. 2465) is amended by section 832(b)(4)), and ‘‘(6) DEFINITIONS.—For purposes of this sub- striking ‘‘June 30, 1998’’ and inserting ‘‘De- ‘‘(ii) in the case of life insurance or annu- section, any term used in this subsection cember 31, 1999’’. ity contracts, 10 percent of the reserves de- which is also used in section 953(e) shall have (b) RETROACTIVE APPLICATION FOR CERTAIN scribed in subparagraph (A) for such con- the meaning given such term by section LIQUIDATIONS AND RELIQUIDATIONS.— tracts. 953.’’. (1) IN GENERAL.—Notwithstanding section ‘‘(3) PRINCIPLES FOR DETERMINING INSUR- (3) RESERVES.—Section 953(b) is amended 514 of the Tariff Act of 1930 or any other pro- ANCE INCOME.—Except as provided by the by redesignating paragraph (3) as paragraph vision of law, and subject to paragraph (2), Secretary, for purposes of subparagraphs (A) (4) and by inserting after paragraph (2) the any entry— and (B) of paragraph (2)— following new paragraph: (A) of an article to which duty-free treat- ‘‘(A) in the case of any contract which is a ‘‘(3) Reserves for any insurance or annuity ment under title V of the Trade Act of 1974 separate account-type contract (including contract shall be determined in the same would have applied if such title had been in any variable contract not meeting the re- manner as under section 954(i).’’. effect during the period beginning on July 1, H10626 CONGRESSIONAL RECORD — HOUSE October 12, 1998

1998, and ending on the day before the date of (c) EFFECTIVE DATE.—The amendments Calendar Year Per Capita Aggregate Limit the enactment of this Act; and Limit made by this section shall apply to distributions after May 21, 1998. (B) that was made after June 30, 1998, and 1999 through 2002 ...... $50 $150,000,000 before the date of the enactment of this Act, 2003 ...... 55 165,000,000 (d) ASSUMPTIONS.—In making the estimate shall be liquidated or reliquidated as free of 2004 ...... 60 180,000,000 required for this Act by section 252(d)(2) of duty, and the Secretary of the Treasury 2005 ...... 65 195,000,000 the Balanced Budget and Emergency Deficit shall refund any duty paid with respect to 2006 ...... 70 210,000,000 Control Act of 1985, that part of the estimate such entry. As used in this subsection, the 2007 and thereafter ...... 75 225,000,000.’’ that measures the change in receipts result- term ‘‘entry’’ includes a withdrawal from (b) EFFECTIVE DATE.—The amendment ing from the amendments made by this sec- warehouse for consumption. made by this section shall apply to calendar tion shall be based on up-to-date economic (2) REQUESTS.—Liquidation or reliquida- years after 1998. and technical assumptions notwithstanding tion may be made under paragraph (1) with SEC. 205. MODIFICATION OF ESTIMATED TAX section 252(d)(2)(B) of such Act. All other respect to an entry only if a request therefor SAFE HARBORS. parts of such estimate required by such sec- is filed with the Customs Service, within 180 (a) IN GENERAL.—The table contained in tion 252(d)(2) shall be made pursuant to the days after the date of the enactment of this clause (i) of section 6654(d)(1)(C) (relating to requirements of such section 252(d)(2)(B). Act, that contains sufficient information to limitation on use of preceding year’s tax) is SEC. 302. INCLUSION OF ROTAVIRUS enable the Customs Service— amended by striking the item relating to GASTROENTERITIS AS A TAXABLE (A) to locate the entry; or 1998, 1999, or 2000 and inserting the following VACCINE. (B) to reconstruct the entry if it cannot be new items: (a) IN GENERAL.—Paragraph (1) of section located. ‘‘1998 ...... 105 4132 (defining taxable vaccine) is amended by adding at the end the following new subpara- TITLE II—OTHER PROVISIONS 1999 or 2000 ...... 106’’. (b) EFFECTIVE DATE.—The amendment graph: SEC. 201. DEPRECIATION STUDY. made by this section shall apply with respect ‘‘(K) Any vaccine against rotavirus The Secretary of the Treasury (or the Sec- to any installment payment for taxable gastroenteritis.’’. retary’s delegate)— years beginning after December 31, 1999. (b) EFFECTIVE DATE.— (1) shall conduct a comprehensive study of SEC. 206. EXEMPTION FOR STUDENTS EMPLOYED (1) SALES.—The amendment made by this the recovery periods and depreciation meth- BY STATE SCHOOLS, COLLEGES, OR section shall apply to sales after the date of ods under section 168 of the Internal Revenue UNIVERSITIES. the enactment of this Act. Code of 1986, and (a) IN GENERAL.—Notwithstanding section (2) DELIVERIES.—For purposes of paragraph (2) not later than March 31, 2000, shall sub- 218 of the Social Security Act, any agree- (1), in the case of sales on or before the date mit the results of such study, together with ment with a State (or any modification of the enactment of this Act for which deliv- recommendations for determining such peri- thereof) entered into pursuant to such sec- ery is made after such date, the delivery date ods and methods in a more rational manner, tion may, at the option of such State, be shall be considered the sale date. to the Committee on Ways and Means of the modified at any time on or after January 1, SEC. 303. CLARIFICATION AND EXPANSION OF House of Representatives and the Committee 1999, and on or before March 31, 1999, so as to MATHEMATICAL ERROR ASSESS- on Finance of the Senate. exclude service performed in the employ of a MENT PROCEDURES. SEC. 202. PRODUCTION FLEXIBILITY CONTRACT school, college, or university if such service (a) TIN DEEMED INCORRECT IF INFORMATION PAYMENTS. is performed by a student who is enrolled ON RETURN DIFFERS WITH AGENCY RECORDS.— (a) IN GENERAL.—The options under para- and is regularly attending classes at such Paragraph (2) of section 6213(g) (defining graphs (2) and (3) of section 112(d) of the Fed- school, college, or university. mathematical or clerical error) is amended eral Agriculture Improvement and Reform (b) EFFECTIVE DATE OF MODIFICATION.—Any by adding at the end the following flush sen- Act of 1996 (7 U.S.C. 7212(d) (2) and (3)), as in modification of an agreement pursuant to tence: subsection (a) shall be effective with respect effect on the date of the enactment of this ‘‘A taxpayer shall be treated as having omit- to services performed after June 30, 2000. Act, shall be disregarded in determining the ted a correct TIN for purposes of the preced- (c) IRREVOCABILITY OF MODIFICATION.—If taxable year for which any payment under a ing sentence if information provided by the any modification of an agreement pursuant production flexibility contract under sub- taxpayer on the return with respect to the to subsection (a) terminates coverage with title B of title I of such Act (as so in effect) individual whose TIN was provided differs respect to service performed in the employ of is properly includible in gross income for from the information the Secretary obtains a school, college, or university, by a student purposes of the Internal Revenue Code of from the person issuing the TIN.’’. 1986. who is enrolled and regularly attending (b) EXPANSION OF MATHEMATICAL ERROR (b) EFFECTIVE DATE.—Subsection (a) shall classes at such school, college, or university, PROCEDURES TO CASES WHERE TIN ESTAB- apply to taxable years ending after Decem- the Commissioner of Social Security and the LISHES INDIVIDUAL NOT ELIGIBLE FOR TAX ber 31, 1995. State may not thereafter modify such agree- CREDIT.—Paragraph (2) of section 6213(g) is ment so as to again make the agreement ap- SEC. 203. 100 PERCENT DEDUCTION FOR HEALTH amended by striking ‘‘and’’ at the end of sub- plicable to such service performed in the em- INSURANCE COSTS OF SELF-EM- paragraph (J), by striking the period at the PLOYED INDIVIDUALS. ploy of such school, college, or university. end of the subparagraph (K) and inserting ‘‘, (a) IN GENERAL.—The table contained in TITLE III—REVENUE OFFSETS and’’, and by inserting after subparagraph subparagraph (B) of section 162(l)(1) (relating SEC. 301. TREATMENT OF CERTAIN DEDUCTIBLE (K) the following new subparagraph: to special rules for health insurance costs of LIQUIDATING DISTRIBUTIONS OF ‘‘(L) the inclusion on a return of a TIN re- self-employed individuals) is amended by REGULATED INVESTMENT COMPA- quired to be included on the return under striking the last 3 items and inserting the NIES AND REAL ESTATE INVEST- section 21, 24, or 32 if— following new item: MENT TRUSTS. ‘‘(i) such TIN is of an individual whose age ‘‘2003 and thereafter ...... 100.’’ (a) IN GENERAL.—Section 332 (relating to complete liquidations of subsidiaries) is affects the amount of the credit under such (b) EFFECTIVE DATE.—The amendment amended by adding at the end the following section; and made by this section shall apply to taxable new subsection: ‘‘(ii) the computation of the credit on the years beginning after December 31, 1998. ‘‘(c) DEDUCTIBLE LIQUIDATING DISTRIBU- return reflects the treatment of such individ- SEC. 204. INCREASE IN VOLUME CAP ON PRIVATE TIONS OF REGULATED INVESTMENT COMPANIES ual as being of an age different from the indi- ACTIVITY BONDS. AND REAL ESTATE INVESTMENT TRUSTS.—If a vidual’s age based on such TIN.’’. (a) IN GENERAL.—Subsection (d) of section corporation receives a distribution from a (c) EFFECTIVE DATE.—The amendments 146 (relating to volume cap) is amended by regulated investment company or a real es- made by this section shall apply to taxable striking paragraphs (1) and (2) and inserting tate investment trust which is considered years ending after the date of the enactment the following new paragraphs: under subsection (b) as being in complete liq- of this Act. ‘‘(1) IN GENERAL.—The State ceiling appli- uidation of such company or trust, then, not- SEC. 304. CLARIFICATION OF DEFINITION OF cable to any State for any calendar year withstanding any other provision of this SPECIFIED LIABILITY LOSS. shall be the greater of— chapter, such corporation shall recognize (a) IN GENERAL.—Subparagraph (B) of sec- ‘‘(A) an amount equal to the per capita and treat as a dividend from such company tion 172(f)(1) (defining specified liability loss) limit for such year multiplied by the State or trust an amount equal to the deduction is amended to read as follows: population, or for dividends paid allowable to such com- ‘‘(B)(i) Any amount allowable as a deduc- ‘‘(B) the aggregate limit for such year. pany or trust by reason of such distribution under this chapter (other than section Subparagraph (B) shall not apply to any pos- tion.’’. 468(a)(1) or 468A(a)) which is in satisfaction session of the United States. (b) CONFORMING AMENDMENTS.— of a liability under a Federal or State law re- ‘‘(2) PER CAPITA LIMIT; AGGREGATE LIMIT.— (1) The material preceding paragraph (1) of quiring— For purposes of paragraph (1), the per capita section 332(b) is amended by striking ‘‘sub- ‘‘(I) the reclamation of land; limit, and the aggregate limit, for any cal- section (a)’’ and inserting ‘‘this section’’. ‘‘(II) the decommissioning of a nuclear endar year shall be determined in accordance (2) Paragraph (1) of section 334(b) is amend- power plant (or any unit thereof); with the following table: ed by striking ‘‘section 332(a)’’ and inserting ‘‘(III) the dismantlement of a drilling plat- ‘‘section 332’’. form; October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10627

‘‘(IV) the remediation of environmental 6103(p)(3) of the 1986 Code is amended by in- (j) AMENDMENT RELATED TO SECTION 7004 OF contamination; or serting ‘‘(f)(5),’’ after ‘‘(c), (e),’’. 1998 ACT.—Clause (i) of section 408A(c)(3)(C) ‘‘(V) a payment under any workers com- (i) AMENDMENTS RELATED TO SECTION 5001 of the 1986 Code, as amended by section 7004 pensation act (within the meaning of section OF 1998 ACT.— of the 1998 Act, is amended by striking the 461(h)(2)(C)(i)). (1) Subparagraph (B) of section 1(h)(13) of period at the end of subclause (II) and insert- ‘‘(ii) A liability shall be taken into account the 1986 Code is amended by striking ‘‘para- ing ‘‘, and’’. under this subparagraph only if— graph (7)(A)’’ and inserting ‘‘paragraph (k) EFFECTIVE DATE.—The amendments ‘‘(I) the act (or failure to act) giving rise to (7)(A)(i)’’. made by this section shall take effect as if such liability occurs at least 3 years before (2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), included in the provisions of the 1998 Act to the beginning of the taxable year; and and (B)(ii) of section 1(h)(13) of the 1986 Code which they relate. ‘‘(II) the taxpayer used an accrual method shall not apply to any distribution after De- SEC. 403. AMENDMENTS RELATED TO TAXPAYER of accounting throughout the period or peri- cember 31, 1997, by a regulated investment RELIEF ACT OF 1997. ods during which such act (or failure to act) company or a real estate investment trust (a) AMENDMENTS RELATED TO SECTION 202 occurred.’’. with respect to— OF 1997 ACT.— (b) EFFECTIVE DATE.—The amendment (i) gains and losses recognized directly by (1) Paragraph (2) of section 163(h) of the made by this section shall apply to net oper- such company or trust, and 1986 Code is amended by striking ‘‘and’’ at ating losses arising in taxable years ending (ii) amounts properly taken into account the end of subparagraph (D), by striking the after the date of the enactment of this Act. by such company or trust by reason of hold- period at the end of subparagraph (E) and in- TITLE IV—TECHNICAL CORRECTIONS ing (directly or indirectly) an interest in an- serting ‘‘, and’’, and by adding at the end the SEC. 401. DEFINITIONS; COORDINATION WITH other such company or trust to the extent following new subparagraph: OTHER TITLES. that such subparagraphs did not apply to ‘‘(F) any interest allowable as a deduction (a) DEFINITIONS.—For purposes of this such other company or trust with respect to under section 221 (relating to interest on title— such amounts. educational loans).’’ (1) 1986 CODE.—The term ‘‘1986 Code’’ means (B) Subparagraph (A) shall not apply to (2)(A) Subparagraph (C) of section 221(b)(2) the Internal Revenue Code of 1986. any distribution which is treated under sec- of the 1986 Code is amended— (2) 1998 ACT.—The term ‘‘1998 Act’’ means tion 852(b)(7) or 857(b)(8) of the 1986 Code as (i) by striking ‘‘135, 137,’’ in clause (i), the Internal Revenue Service Restructuring received on December 31, 1997. (ii) by inserting ‘‘135, 137,’’ after ‘‘sections and Reform Act of 1998 (Public Law 105–206). (C) For purposes of subparagraph (A), any 86,’’ in clause (ii), and (3) 1997 ACT.—The term ‘‘1997 Act’’ means amount which is includible in gross income (iii) by striking the last sentence. the Taxpayer Relief Act of 1997 (Public Law of its shareholders under section 852(b)(3)(D) (B) Sections 86(b)(2)(A), 135(c)(4)(A), and 105–34). or 857(b)(3)(D) of the 1986 Code after Decem- 219(g)(3)(A)(ii) of the 1986 Code are each (b) COORDINATION WITH OTHER TITLES.—For ber 31, 1997, shall be treated as distributed amended by inserting ‘‘221,’’ after ‘‘137,’’. purposes of applying the amendments made after such date. (C) Subparagraph (A) of section 137(b)(3) of by any title of this Act other than this title, (D)(i) For purposes of subparagraph (A), in the 1986 Code is amended by inserting ‘‘221,’’ the provisions of this title shall be treated as the case of a qualified partnership with re- before ‘‘911,’’. having been enacted immediately before the spect to which a regulated investment com- (D) Clause (iii) of section 469(i)(3)(E) of the provisions of such other titles. pany meets the holding requirement of 1986 Code is amended to read as follows: SEC. 402. AMENDMENTS RELATED TO INTERNAL clause (iii)— ‘‘(iii) the amounts allowable as a deduction REVENUE SERVICE RESTRUCTUR- (I) the subparagraphs referred to in sub- under sections 219 and 221, and’’. ING AND REFORM ACT OF 1998. paragraph (A) shall not apply to gains and (3) The last sentence of section 221(e)(1) of (a) AMENDMENT RELATED TO SECTION 1101 losses recognized directly by such partner- the 1986 Code is amended by inserting before OF 1998 ACT.—Paragraph (5) of section 6103(h) ship for purposes of determining such compa- the period ‘‘or to any person by reason of a of the 1986 Code, as added by section 1101(b) ny’s distributive share of such gains and loan under any qualified employer plan (as of the 1998 Act, is redesignated as paragraph losses, and defined in section 72(p)(4)) or under any con- (6). (II) such company’s distributive share of tract referred to in section 72(p)(5)’’. (b) AMENDMENT RELATED TO SECTION 3001 such gains and losses (as so determined) (b) PROVISION RELATED TO SECTION 311 OF OF 1998 ACT.—Paragraph (2) of section 7491(a) shall be treated as recognized directly by 1997 ACT.—In the case of any capital gain dis- of the 1986 Code is amended by adding at the such company. tribution made after 1997 by a trust to which end the following flush sentence: The preceding sentence shall apply only if section 664 of the 1986 Code applies with re- ‘‘Subparagraph (C) shall not apply to any the qualified partnership provides the com- spect to amounts properly taken into ac- qualified revocable trust (as defined in sec- pany with written documentation of such count by such trust during 1997, paragraphs tion 645(b)(1)) with respect to liability for tax distributive share as so determined. (5)(A)(i)(I), (5)(A)(ii)(I), and (13)(A) of section for any taxable year ending after the date of (ii) For purposes of clause (i), the term 1(h) of the 1986 Code (as in effect for taxable the decedent’s death and before the applica- ‘‘qualified partnership’’ means, with respect years ending on December 31, 1997) shall not ble date (as defined in section 645(b)(2)).’’. to a regulated investment company, any apply. (c) AMENDMENTS RELATED TO SECTION 3201 partnership if— (c) AMENDMENT RELATED TO SECTION 506 OF OF 1998 ACT.— (I) the partnership is an investment com- 1997 ACT.—Section 2001(f)(2) of the 1986 Code (1) Section 7421(a) of the 1986 Code is pany registered under the Investment Com- is amended by adding at the end the follow- amended by striking ‘‘6015(d)’’ and inserting pany Act of 1940, ing: ‘‘6015(e)’’. (II) the regulated investment company is ‘‘For purposes of subparagraph (A), the value (2) Subparagraph (A) of section 6015(e)(3) is permitted to invest in such partnership by of an item shall be treated as shown on a re- amended by striking ‘‘of this section’’ and reason of section 12(d)(1)(E) of such Act or an turn if the item is disclosed in the return, or inserting ‘‘of subsection (b) or (f)’’. exemptive order of the Securities and Ex- in a statement attached to the return, in a (d) AMENDMENT RELATED TO SECTION 3301 change Commission under such section, and manner adequate to apprise the Secretary of OF 1998 ACT.—Paragraph (2) of section 3301(c) of the 1998 Act is amended by striking ‘‘The (III) the regulated investment company the nature of such item.’’. amendments’’ and inserting ‘‘Subject to any and the partnership have the same taxable (d) AMENDMENTS RELATED TO SECTION 904 applicable statute of limitation not having year. OF 1997 ACT.— expired with regard to either a tax under- (iii) A regulated investment company (1) Paragraph (1) of section 9510(c) of the payment or a tax overpayment, the amend- meets the holding requirement of this clause 1986 Code is amended to read as follows: ments’’. with respect to a qualified partnership if (as ‘‘(1) IN GENERAL.—Amounts in the Vaccine (e) AMENDMENT RELATED TO SECTION 3401 of January 1, 1998)— Injury Compensation Trust Fund shall be OF 1998 ACT.—Section 3401(c) of the 1998 Act (I) the value of the interests of the regu- available, as provided in appropriation Acts, is amended— lated investment company in such partner- only for— (1) in paragraph (1), by striking ‘‘7443(b)’’ ship is 35 percent or more of the value of ‘‘(A) the payment of compensation under and inserting ‘‘7443A(b)’’; and such company’s total assets, or subtitle 2 of title XXI of the Public Health (2) in paragraph (2), by striking ‘‘7443(c)’’ (II) the value of the interests of the regu- Service Act (as in effect on August 5, 1997) and inserting ‘‘7443A(c)’’. lated investment company in such partner- for vaccine-related injury or death with re- (f) AMENDMENT RELATED TO SECTION 3433 OF ship and all other qualified partnerships is 90 spect to any vaccine— 1998 ACT.—Section 7421(a) of the 1986 Code is percent or more of the value of such compa- ‘‘(i) which is administered after September amended by inserting ‘‘6331(i),’’ after ny’s total assets. 30, 1988, and ‘‘6246(b),’’. (3) Paragraph (13) of section 1(h) of the 1986 ‘‘(ii) which is a taxable vaccine (as defined (g) AMENDMENT RELATED TO SECTION 3467 Code is amended by adding at the end the in section 4132(a)(1)) at the time compensa- OF 1998 ACT.—The subsection (d) of section following new subparagraph: tion is paid under such subtitle 2, or 6159 of the 1986 Code relating to cross ref- ‘‘(D) CHARITABLE REMAINDER TRUSTS.—Sub- ‘‘(B) the payment of all expenses of admin- erence is redesignated as subsection (e). paragraphs (A) and (B)(ii) shall not apply to istration (but not in excess of $9,500,000 for (h) AMENDMENT RELATED TO SECTION 3708 any capital gain distribution made by a trust any fiscal year) incurred by the Federal Gov- OF 1998 ACT.—Subparagraph (A) of section described in section 664.’’ ernment in administering such subtitle.’’. H10628 CONGRESSIONAL RECORD — HOUSE October 12, 1998 (2) Section 9510(b) of the 1986 Code is of the 1986 Code is amended by striking (2) The amendment made by paragraph (1) amended by adding at the end the following ‘‘under such contracts’’ in the last sentence shall take effect on October 1, 1998. new paragraph: and inserting ‘‘under any such contract for (c) AMENDMENT RELATED TO TREASURY AND ‘‘(3) LIMITATION ON TRANSFERS TO VACCINE the use of credit, debit, or charge cards for GENERAL GOVERNMENT APPROPRIATIONS ACT, INJURY COMPENSATION TRUST FUND.—No the payment of taxes imposed by subtitle 1999.— amount may be appropriated to the Vaccine A’’. (1) The Treasury and General Government Injury Compensation Trust Fund on and (l) EFFECTIVE DATE.—The amendments Appropriations Act, 1999 is amended by after the date of any expenditure from the made by this section shall take effect as if striking section 804 (relating to technical Trust Fund which is not permitted by this included in the provisions of the 1997 Act to and clarifying amendments relating to judi- section. The determination of whether an ex- which they relate. cial retirement program). penditure is so permitted shall be made with- SEC. 404. AMENDMENTS RELATED TO TAX RE- (2) The amendment made by paragraph (1) out regard to— FORM ACT OF 1984. shall take effect as if such section 804 had ‘‘(A) any provision of law which is not con- (a) IN GENERAL.—Subparagraph (C) of sec- never been enacted. tained or referenced in this title or in a reve- tion 172(d)(4) of the 1986 Code is amended to (d) CLERICAL AMENDMENTS.— nue Act, and read as follows: (1) Clause (i) of section 51(d)(6)(B) of the ‘‘(B) whether such provision of law is a ‘‘(C) any deduction for casualty or theft 1986 Code is amended by striking ‘‘rehabilita- subsequently enacted provision or directly or losses allowable under paragraph (2) or (3) of tion plan’’ and inserting ‘‘plan for employ- indirectly seeks to waive the application of section 165(c) shall be treated as attributable ment’’. The reference to ‘‘plan for employ- this paragraph.’’. to the trade or business; and’’. ment’’ in such clause shall be treated as in- (e) AMENDMENTS RELATED TO SECTION 915 (b) CONFORMING AMENDMENTS.— cluding a reference to the rehabilitation plan OF 1997 ACT.— (1) Paragraph (3) of section 67(b) of the 1986 referred to in such clause as in effect before (1) Section 915 of the 1997 Act is amended— Code is amended by striking ‘‘for losses de- the amendment made by the preceding sen- (A) in subsection (b), by inserting ‘‘or 1998’’ scribed in subsection (c)(3) or (d) of section tence. after ‘‘1997’’, and 165’’ and inserting ‘‘for casualty or theft (2) Paragraph (3) of section 56(a) of the 1986 (B) by amending subsection (d) to read as losses described in paragraph (2) or (3) of sec- Code is amended by striking ‘‘section follows: tion 165(c) or for losses described in section 460(b)(2)’’ and inserting ‘‘section 460(b)(1)’’ ‘‘(d) EFFECTIVE DATE.—This section shall 165(d)’’. and by striking ‘‘section 460(b)(4)’’ and in- apply to taxable years ending with or within (2) Paragraph (3) of section 68(c) of the 1986 serting ‘‘section 460(b)(3)’’. calendar year 1997.’’. Code is amended by striking ‘‘for losses de- (3) Paragraph (10) of section 2031(c) of the (2) Paragraph (2) of section 6404(h) of the scribed in subsection (c)(3) or (d) of section 1986 Code is amended by striking ‘‘section 1986 Code is amended by inserting ‘‘Robert T. 165’’ and inserting ‘‘for casualty or theft 2033A(e)(3)’’ and inserting ‘‘section Stafford’’ before ‘‘Disaster’’. losses described in paragraph (2) or (3) of sec- 2057(e)(3)’’. (f) AMENDMENTS RELATED TO SECTION 1012 tion 165(c) or for losses described in section (4) Subparagraphs (C) and (D) of section OF 1997 ACT.— 165(d)’’. 6693(a)(2) of the 1986 Code are each amended (1) Paragraph (2) of section 351(c) of the (3) Paragraph (1) of section 873(b) is amend- by striking ‘‘Section’’ and inserting ‘‘sec- 1986 Code, as amended by section 6010(c) of ed to read as follows: tion’’. the 1998 Act, is amended by inserting ‘‘, or ‘‘(1) LOSSES.—The deduction allowed by The SPEAKER pro tempore. Pursu- the fact that the corporation whose stock section 165 for casualty or theft losses de- ant to the rule, the gentleman from was distributed issues additional stock,’’ scribed in paragraph (2) or (3) of section Texas (Mr. ARCHER) and the gentleman after ‘‘dispose of part or all of the distrib- 165(c), but only if the loss is of property lo- from New York (Mr. RANGEL) each will uted stock’’. cated within the United States.’’ control 20 minutes. (2) Clause (ii) of section 368(a)(2)(H) of the (c) EFFECTIVE DATES.— The Chair recognizes the gentleman 1986 Code, as amended by section 6010(c) of (1) The amendments made by subsections from Texas (Mr. ARCHER). the 1998 Act, is amended by inserting ‘‘, or (a) and (b)(3) shall apply to taxable years be- the fact that the corporation whose stock ginning after December 31, 1983. GENERAL LEAVE was distributed issues additional stock,’’ (2) The amendment made by subsection Mr. ARCHER. Madam Speaker, I ask after ‘‘dispose of part or all of the distrib- (b)(1) shall apply to taxable years beginning unanimous consent that all Members uted stock’’. after December 31, 1986. may have 5 legislative days within (g) PROVISION RELATED TO SECTION 1042 OF (3) The amendment made by subsection which to revise and extend their re- 1997 ACT.—Rules similar to the rules of sec- (b)(2) shall apply to taxable years beginning marks and include extraneous material tion 1.1502-75(d)(5) of the Treasury Regula- after December 31, 1990. on H.R. 4738, as amended. tions shall apply with respect to any organi- SEC. 405. OTHER AMENDMENTS. The SPEAKER pro tempore. Is there zation described in section 1042(b) of the 1997 (a) AMENDMENTS RELATED TO SECTION 6103 objection to the request of the gen- Act. OF 1986 CODE.— tleman from Texas? (h) AMENDMENT RELATED TO SECTION 1082 (1) Subsection (j) of section 6103 of the 1986 There was no objection. OF 1997 ACT.—Subparagraph (F) of section Code is amended by adding at the end the 172(b)(1) of the 1986 Code is amended by add- Mr. ARCHER. Madam Speaker, I following new paragraph: yield myself such time as I may con- ing at the end the following new clause: ‘‘(5) DEPARTMENT OF AGRICULTURE.—Upon ‘‘(iv) COORDINATION WITH PARAGRAPH (2).— request in writing by the Secretary of Agri- sume. For purposes of applying paragraph (2), an el- culture, the Secretary shall furnish such re- Madam Speaker, the plan before us igible loss for any taxable year shall be turns, or return information reflected there- today does three principal things: It treated in a manner similar to the manner in on, as the Secretary may prescribe by regu- extends a series of tax relief provisions which a specified liability loss is treated.’’ lation to officers and employees of the De- to help businesses create jobs; it helps (i) AMENDMENT RELATED TO SECTION 1084 OF partment of Agriculture whose official du- people coming off of welfare as well as 1997 ACT.—Paragraph (3) of section 264(f) of ties require access to such returns or infor- other hard to place workers to get jobs; the 1986 Code is amended by adding at the mation for the purpose of, but only to the ex- and it includes three provisions to help end the following flush sentence: tent necessary in, structuring, preparing, farmers and ranchers who have been ‘‘If the amount described in subparagraph and conducting the census of agriculture hard hit by tough times. (A) with respect to any policy or contract pursuant to the Census of Agriculture Act of This plan gives farmers and other does not reasonably approximate its actual 1997 (Public Law 105–113).’’. small business owners 100 percent de- value, the amount taken into account under (2) Paragraph (4) of section 6103(p) of the subparagraph (A) shall be the greater of the 1986 Code is amended by striking ‘‘(j)(1) or duction for their health insurance amount of the insurance company liability (2)’’ in the material preceding subparagraph costs in the year 2003, four years ear- or the insurance company reserve with re- (A) and in subparagraph (F) and inserting lier than current law. spect to such policy or contract (as deter- ‘‘(j)(1), (2), or (5)’’. I am particularly pleased about two mined for purposes of the annual statement (3) The amendments made by this sub- other agricultural provisions. The bill approved by the National Association of In- section shall apply to requests made on or lets farmers benefit from permanent surance Commissioners) or shall be such after the date of the enactment of this Act. income averaging, and the other provi- other amount as is determined by the Sec- (b) AMENDMENT RELATED TO SECTION 9004 sion protects family farmers from hav- retary.’’ OF TRANSPORTATION EQUITY ACT FOR THE 21ST ing to pay tax on farm program pay- (j) AMENDMENT RELATED TO SECTION 1175 OF CENTURY.— ments that have not actually been re- 1997 ACT.—Subparagraph (C) of section (1) Paragraph (2) of section 9503(f) of the 954(e)(2) of the 1986 Code is amended by strik- 1986 Code is amended to read as follows: ceived in the year. ing ‘‘subsection (h)(8)’’ and inserting ‘‘sub- ‘‘(2) notwithstanding section 9602(b), obli- Due to the importance of this non- section (h)(9)’’. gations held by such Fund after September controversial bill, I hope and expect (k) AMENDMENT RELATED TO SECTION 1205 30, 1998, shall be obligations of the United that it will be passed in the Senate so OF 1997 ACT.—Paragraph (2) of section 6311(d) States which are not interest-bearing.’’ it can be signed into law. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10629 I thank the Members who suggested ments over the detail of this legisla- authorize or allow the exception to be denied ideas that are included in the plan, and tion will not endanger its enactment. because a hybrid arrangement, or any other I thank the minority for their coopera- Madam Speaker, I reserve the bal- technique available under foreign law, is used tion in expediting consideration of the ance of my time. to reduce foreign tax. bill on the floor today. Mr. ARCHER. Madam Speaker, I Mr. RANGEL. Madam Speaker, I Madam Speaker, I reserve the bal- yield such time as he may consume to yield 2 minutes to the gentleman from ance of my time. the gentleman from Louisiana (Mr. Maryland (Mr. CARDIN). Mr. RANGEL. Madam Speaker, I MCCRERY). Mr. CARDIN. Madam Speaker, first yield myself such time as I may con- (Mr. MCCRERY asked and was given let me thank my friend from New York sume. permission to revise and extend his re- and my friend from Texas for bringing Madam Speaker, I rise in support of marks.) this matter to the floor. I strongly sup- the bill before us today. It should have Mr. MCCRERY. Madam Speaker, I port the bill before us. been before this House a long time ago. rise in support of this tax bill. Principally let me say that this bill Provisions such as the research tax Madam Speaker, I commend Chairman AR- provides some relief to people that are credit and work opportunity tax credit CHER on the inclusion in this bill of the provi- needed and it provides some help to should have been extended. A lot of sion to modify and extend the present law businesses. It is a good bill and it is people have depended on it. treatment of active financial services income paid for. It will not violate our com- We Democrats have agreed not to under Subpart F of the Internal Revenue mitment to preserve all of the surplus offer any amendments because we be- Code. The provision permits U.S.-based fi- until we have come up with a plan to lieve to do so would have delayed the nance companies, insurance companies save Social Security. So this is a bill enactment of this very important legis- banks, securities dealers, and other financial that I believe will enjoy broad support lation. services firms to act like other U.S. industries in this House because it does good However, in other circumstances doing business abroad and defer U.S. tax on things and it is totally paid for. there would have been several amend- the earnings from the active operations of their As the chairman pointed out, it ac- ments that we would have proposed. On foreign subsidiaries until such earnings are re- celerates the self-employed health in- October 1st of this year, the temporary turned to the U.S. parent company. surance benefits. That is good. On both increase in the rum carry-over provi- In particular, I commend Chairman ARCHER sides of the aisle we have been trying sion expired. Failure to extend that and his staff for the resolution of two ques- to help self-employed people by making temporary increase will have adverse tions relating to the interaction of this subpart it easier for them to provide health consequences to Puerto Rico and the F provision. The first deals with active financial benefits to their employees. It extends expiring tax provisions, Virgin Islands. I am very disappointed services income and the ability of the U.S. fi- the research tax credit, very important that we are not able to extend that nancial services industry to use so-called hy- for this Nation for research and devel- temporary increase in this bill. brid arrangements and other techniques to re- opment as well as the work oppor- Extensions of my qualified zone acad- duce their foreign taxes. The second clarifies tunity tax credit, which is used to help emy zone program would have been a whether the subpart F provision will work as people find employment, which will be big step in addressing the large need of intended if the Treasury Department fails to very difficult otherwise. It has been a school construction and modernization. make current, effective conforming changes to very successful program and this bill The provision previously adopted by existing regulations, such as the exception for extends that program. Contributions to the House that liberalized the arbi- same-country dividends and interest. private foundations of appreciated Additionally, I understand that the provision trage rules for school construction property, we make that permanent. to modify and extend the present law treat- bond would do little to meet school That will help private foundations in ment of active financial services income under construction needs. their efforts to carry out their chari- I am also disappointed that the bill Subpart F contemplates that the Treasury De- table activities. does not extend the welfare to work partment will make current effective conform- As the chairman pointed out, there credit. It expires at the end of April of ing changes to existing regulations that do not are very good provisions in here for next year, and realistically there is lit- take account the exception provided by the farmers, including income averaging, tle prospect for enacting a timely ex- provision. As an example, it is intended that ones that are generally supported. tension next year. debt instruments held by a U.S.-controlled for- One additional provision I would like There is also broad bipartisan sup- eign corporation, the income from which quali- to compliment the chairman for in- port on this committee for an increase fies for the treatment provided by the bill, will cluding deals with private activity in the low income housing tax credit be considered to be assets used in a trade or bond caps. By raising those caps, we program. There is no reason why we business for purposes of the regulatory re- are going to help state and local gov- should not have been able to do that in quirements under the exception for same- ernments in dealing with a lot of the the context of this legislation. Next country dividends and interest. infrastructure needs of this country. It year American families with children There clarifications are necessary because is a good provision. will be faced with extraordinary com- in January of this year, the Treasury Depart- The provisions in here are all good, plex rules when claiming the child ment issued Notice 98±11, attacking the use they are paid for, and I urge my col- credit enacted last year. There is no of hybrid arrangements to reduce the foreign leagues to support them. I join with justification for the complexity of taxes of U.S.-owned foreign companies. Chair- the ranking member in my disappoint- those rules and this committee should man ARCHER, along with a bipartisan majority ment that we do not have other provi- have adopted the legislation of the gen- of the Ways and Means Committee, strongly sions that should be included in a tax tleman from Massachusetts (Mr. NEAL) opposed the Treasury Department's action on bill before we adjourn, and hopefully that would waive in tax year 1998 the Notice 98±11. In response to the concerns we will be able to work out some addi- minimum tax limitation on the child raised by Chairman ARCHER, in June of this tional provisions before Congress ad- credit. year, the Treasury Department issued Notice journs this year. I do not understand why reauthoriza- 98±35, the purpose of which was ``to allow Mr. RANGEL. Madam Speaker, I tion of the trade adjustment assistance Congress an appropriate period to review the yield 5 minutes to the gentleman from program for workers and firms which important policy issues raised . . . and if ap- Massachusetts (Mr. NEAL). terminated on September 3 was not in- propriate address the issues by legislation.'' (Mr. NEAl of Massachusetts asked cluded in this package. Notice 98±35 also anticipated, and explicitly and was given permission to revise and The Senate has a different version of provided for, the use of hybrid arrangements extend his remarks.) this legislation, and I think the other to reduce foreign taxes with respect to finan- Mr. NEAL of Massachusetts. Madam body’s version is far superior to what cial services income, and provided specific Speaker, I want to thank first of all we have to today, but in particular I rules for this application during the interim. the gentleman from New York (Mr. support the extension of trade adjust- I am very pleased that the provision modify- RANGEL) and the gentleman from Texas ment assistance and the minimum tax ing and extending the subpart F exception for (Mr. ARCHER) for bringing this bill to waiver contained in the other body’s active financial services income was carefully the floor. I believe that, by and large, version. I am hopeful that disagree- drafted so that nothing in the provision would this is a very good piece of legislation. H10630 CONGRESSIONAL RECORD — HOUSE October 12, 1998 b 1745 for taxable year 1998 would cost $474 CONGRESS OF THE UNITED STATES, I support extension of the expiring million. But by not addressing the HOUSE OF REPRESENTATIVES, Washington, DC, October 8, 1998. provisions, and I am pleased that we interaction of minimum tax with nonrefundable personal credits, many fam- Hon. CHAIRMAN BILL ARCHER, will have this chance today to ensure Chairman, Committee on Ways and Means, that these provisions do not expire and ilies will be cheated of the credits that Longworth HOB, Washington, DC. that there will be no lapse in these val- we, indeed, promised them. The aver- DEAR CHAIRMAN ARCHER: I am writing to uable tax credits. age family will have to pay a tax re- thank you for your continued support for a The Research Experimentation Cred- turn preparer in order to fill out forms provision that addresses potential adverse it is important to Massachusetts. Mas- for these new credits. consequences for Savings Bank Life Insur- sachusetts is the home of many high- Let me also share a quote with my ance (SBLI) institutions that are unique to colleagues from a letter that I wit- the three states of New York, Connecticut, tech companies and universities that and Massachusetts. Last year with your in- develop technology. The research tax nessed today from the editor of Tax valuable assistance, a provision was included credit inspires the development of Notes, Mr. Christopher Bergin. He says, in the House passed Taxpayer Relief Act of technology, which leads to both eco- Apparently, few of us Washington types 1997, but it was not enacted because it was nomic and job growth. The work oppor- are surprised that the basis of the bill Re- not included in the conference agreement for tunity tax credit plays a vital role in publican leaders were trying to build at the that legislation. The provision would clarify helping individuals move from welfare last minute is a package extending expiring the tax treatment of the state-mandated to work. This credit is a valuable pro- provisions that help mostly business or rich consolidation of mutual savings banks’ life insurance departments. gram that enables many individuals to people who like to name foundations after themselves. But House leaders are taking the More specifically, the provision would clar- become self-sufficient. The program chance that those outside of Washington, the ify how the Internal Revenue Code of 1986 has been effective, and it should indeed average taxpayers, may figure out that their should treat certain policyholder dividends be continued. congressional representatives did not have mandated by the Massachusetts State Legis- Madam Speaker, there is one provi- time to prevent the alternative minimum lature in 1990. This legislation consolidated sion I believe, however, that should tax from eating their child credits because the state’s saving bank life insurance depart- have been included in this legislation. they were too busy taking care of multi- ments into a new non-public stock company, Recently I have introduced legislation, national financial intermediaries. while still providing for the sale of its prod- H.R. 4611, which provides a temporary I disagree with part of what was stat- ucts through these state banking institutions. Because of the IRS’s interpretation of waiver for the taxable year 1998 of mined, but I also believe that we should current law, it is essential that Congress imum tax rules that deny many fami- have taken up this issue, and I hope clarify that the 12-year dividends payout as- lies the full amount of the nonrefund- that we will do so in the near future. sociated with this consolidation should be able personal credit such as the child I have introduced a permanent solu- treated as a deductible policyholder dividend tax credit and the HOPE and lifetime tion this year, and I hope that we will rather than a non-deductible redemption of learning credits. give families the opportunity that we equity. The Senate finance package included stated just a short time ago, and I hope While only the Savings Bank Life Insur- ance Company of Massachusetts will be af- this provision in their extenders bill. I that we will not bury them in their tax commend them for addressing this im- fected by the IRS’s current interpretation of forms come 1999. the Code, the SBLI industries in both New portant issue, and I hope that we will I also thank the gentleman from York and Connecticut may be adversely af- seriously consider accepting this provi- Texas (Mr. ARCHER) and the gentleman fected if the Code is not properly clarified sion from the Senate. from New York (Mr. RANGEL) once because they may follow the consolidation The Senate bill strikes the appro- again for getting this bill to the floor. approach taken by Massachusetts. priate balance between families and By and large, it is a very good piece of Once again, Mr. Chairman thank you for your assistance. I look forward to working business. The House bill addresses im- legislation. portant issues, but the Senate bill, I with you on this issue next Congress. Madam Speaker, I support extension of the believe, goes further in including an Sincerely, expiring tax provisions. Unfortunately, this was ICHARD EAL extremely important provision for fam- R E. N , a very small bill whose main purpose was to Member of Congress. ilies, temporary relief from the inter- extend the expiring provisions. Other valuable action of the minimum tax with the Mr. ARCHER. Madam Speaker, I provisions were not able to be included. I child tax credit. yield myself such time as I may con- Without this fix, all families who would like to briefly mention a provision that sume. claim the child credit with incomes was included in the House-passed version of I would simply to respond to the gen- above $45,000 for joint filers and $33,750 the Taxpayer Relief Act of 1997, but it was not tleman from Massachusetts on the for single filers will be required to enacted because it was not included in the issue of removing from the alternative make some sort of minimum tax cal- conference agreement. minimum tax formula many of the culation. The minimum tax is not only This provision clarifies the tax treatment of nonrefundable credits that would help complicated, it can penalize middle in- the state-mandated consolidation of mutual higher middle income people. come taxpayers who claim the new per- savings bank life insurance departments. Sav- The gentleman I am surprised would sonal tax credits. ings Bank Life Insurance is unique to the three make the statement that he made, be- The Department of Treasury esti- States of New York, Connecticut, and Massa- cause we not only have considered mates that, in 1998, the alternative chusetts. Last year with the help of Chairman that, it was part of the tax bill that minimum tax will deny 800,000 tax- ARCHER, the House addressed this issue. passed the House of Representatives payers who are entitled to both the This provision clarifies the tax treatment of and made permanent in that bill, and child tax credit and the education tax a 12-year dividends payout associated with a that bill is currently over in the Sen- credit the full benefits of these credits. state-mandated consolidation by treating it as ate being held up by the minority that Without enactment of legislation to a deductible policyholder dividend rather than refuses to let it pass cloture and be address this issue, taxpayers who are a non-deductible redemption of equity. This adopted. planning to claim the child credit provision is extremely important to Massachu- So that provision not only takes care should be warned that the computation setts because in 1990, the State legislature of 1998 but takes care of all succeeding of their taxes will be difficult, time consolidated the State's saving bank life insur- years, because it is a permanent provi- consuming and, I believe, unneces- ance departments into a new non-public stock sion in the law. I am sure the gen- sarily complex. Without simplifying company, while still providing for the sale of its tleman did not mean to imply that we the child tax credit, the child tax cred- products through these State banking institu- had been callous relative to that issue it form that will be required on next tions. New York and Connecticut may follow this year, because we certainly have year’s tax filing will become a night- the consolidation approach taken by Massa- not. mare. chusetts. Madam Speaker, I reserve the bal- Madam Speaker, it is a shame that I am enclosing a letter to Chairman ARCHER ance of my time. we did not address this issue in this bill thanking him for his assistance on this issue. Mr. RANGEL. Madam Speaker, I today. The Joint Committee on Tax- I look forward to bringing closure to this issue yield 3 minutes to the gentlewoman ation estimates that a 1-year solution next Congress. from Michigan (Ms. STABENOW). October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10631 Ms. STABENOW. Madam Speaker, I I also think it is very important that those letters, and I notice that as we would first like to commend the lead- we have accelerated the deduction for debate the question of the advanced ership of the Committee on Ways and health care for self-employed individ- technology program and other pro- Means for this bill. There are some uals. I would only ask that, as we move grams where Members have indicated very, very important provisions in this forward, that instead of continuing to that they believe that the private sec- bill that will certainly help the people extend the research tax credit year-by- tor should be taking the leadership in that I represent in Michigan. year, that we seriously consider and, in research efforts, long-term, risky re- I would like to highlight just a cou- fact, in the coming year, if not in this search efforts for the country, that, as ple of those of particular significance. bill, permanently extend the research we do that, we send a mixed message One is the permanent extension of in- tax credit so that those involved in the when we, in fact, do not permanently come-averaging for farmers. I was critical long-term research efforts of extend the research tax credit for our pleased the day that I was sworn into this country know and can plan for the the 105th Congress, along with my long term as they make decisions that country. friend and colleague from Michigan, will create jobs for American workers So I would urge that, as we move for- NICK SMITH, to be cosponsoring legisla- and important new discoveries for ward, that we make that permanent tion to provide a permanent extension Americans. extension a top priority. of income-averaging for farmers, and I Madam Speaker, I have twice au- Mr. RANGEL. Madam Speaker, I am very pleased to see this in this leg- thored in the last 2 years letters to the islation, as am I pleased to see the per- President and to my colleagues urging yield back the balance of my time. manent extension of the current provi- that we adopt a permanent extension Mr. ARCHER. Madam Speaker, I in- sions regarding contributions for pri- of the research tax credit. Over 140 clude for the RECORD at this point the vate foundation. Members of this House have signed final revenue table for the bill. ESTIMATED BUDGET EFFECTS OF H.R. 4738, THE ‘‘REVENUE EXTENSION ACT OF 1998,’’ TO BE CONSIDERED UNDER SUSPENSION ON THE HOUSE FLOOR—FISCAL YEARS [In millions of dollars]

Provision Effective 1999 2000 2001 2002 2003 2004 2005 2006 2007 1999–02 2003–07 1999–07

1. Extension of Expiring Provisions: A. Extending the R&E Credit (through 12/31/ 7/1/98 ...... ¥1,526 ¥866 ¥409 ¥296 ¥170 ¥39 ...... ¥3,907 ¥209 ¥3,306 99). B. Extend Work Opportunity Tax Credit wpoifibwa 6/30/98 ...... ¥245 ¥227 ¥126 ¥50 ¥18 ¥3 ...... ¥648 ¥21 ¥669 (through 12/31/99). C. Extend Contributions of Appreciated Stock 7/1/98 1 ...... ¥23 ¥56 ¥71 ¥83 ¥91 ¥95 ¥100 ¥104 ¥109 ¥233 ¥499 ¥732 to Private Foundations (permanent); Public Inspection of Private Foundation Annual Returns. D. 1-Year Modified Extension of Exemption tybi 1999 ...... ¥117 ¥378 ...... ¥495 ...... ¥495 from Subpart F for Active Financing In- come (as in H.R. 4579). E. Extend the Generalized System of Pref- 7/1/98 ...... ¥393 ¥84 ...... ¥477 ...... ¥477 erences (through 12/31/88) 2. F. Permanent Extension of Income Averaging tyba 12/31/00 ...... ¥2 ¥21 ¥22 ¥22 ¥23 ¥24 ¥24 ¥23 ¥115 ¥138 for Farmers. G. Extension of Tex Information Reporting for 10/1/98 ...... Negligible Budget Effect Income Contingent Student Loan Program 2.

Subtotal of Extension of Expiring Provi- ...... ¥2,304 ¥1,611 ¥608 ¥450 ¥301 ¥159 ¥123 ¥128 ¥133 ¥4,973 ¥844 ¥5,817 sions. II. Other Provisions: A. Treasury Study on Depreciation (due 3/31/ ...... 00). B. Production Flexibility Contract Payments to tyea 12/31/95 ...... Negligible Revenue Effect Farmers Not Included in Income Prior to Receipt. C. Self-Employed Health Insurance Deduc- tyba 12/31/02 ...... ¥206 ¥637 ¥680 ¥602 ¥257 ...... ¥2,382 ¥2,382 tion—100% in 2003 and thereafter. D. Increase Private Activity Bond Volume Cap 1/1/03 ...... ¥11 ¥44 ¥111 ¥177 ¥252 ...... ¥595 ¥595 to the Greater of $55 Per Capita or $165 Million Starting in 2003; Phased in Ratably to the Greater of $75 Million Per Capita or $225 million in 2007. E. Prior Year Estimated Tax Safe Harbor for tyba 12/31/99 ...... 525 ...... ¥525 ...... Individuals With AGI over $150,000 (106% in 2000 and 2001). F. State Election to Exempt Student Employ- spa 6/30/00 ...... ¥5 ¥47 ¥49 ¥51 ¥52 ¥54 ¥56 ¥58 ¥101 ¥271 ¥372 ees From Social Security 2.

Subtotal of Other Provisions ...... 520 ¥47 ¥574 ¥268 ¥733 ¥845 ¥835 ¥567 ¥101 ¥3,248 ¥3,349 III. Revenue Offset Provision: A. Change the Treatment of Certain Deduct- dma 5/21/98 ...... 2,425 1,109 723 640 672 705 741 778 817 4,897 3,713 8,610 ible Liquidating Distributions of RICs and REITs. B. Add Vaccines Against Rotavirus vpa DOE ...... 1 2 3 4 5 6 6 6 7 11 31 42 Gastroenteritis to the List of Taxable Vac- cines ($0.75 per dose). C. Clarify and Expand Math Error Procedures tyea DOE ...... 12 25 26 27 28 29 30 31 32 90 150 240 D. Restrict Special Net Operating Loss NOLgi tyea DOE ...... 14 21 29 39 42 40 40 40 42 103 204 308 Carryback Rules for Specified Liability Losses. Subtotal of Revenue Offset Provisions ...... 2,452 1,157 781 710 747 780 817 855 898 5,101 4,098 9,200 IV. Tax Technical Corrections Provisions ...... No Revenue Effect

Net Total ...... 148 66 126 ¥314 178 ¥112 ¥151 ¥108 198 27 6 34 SOURCE: Joint Committee on Taxation. NOTE: Details may not add to totals due to rounding. Legend for ‘‘Effective column: dma=distributions made after; DOE=date of enactment; NOLgi=net operating losses generated in; spa=services performed after; tyba=taxable years begining after; tybi=taxable years beginning in; tyea=taxable years ending after; vpa=vaccines purchased after; wpoifibwa=wages paid or incurred for individuals beginning work after. 1 The additional public inspection provisions apply to requests made after the later of the date which is 60 days after the date on which the Treasury Department publishes regulations or 12/31/98. 2 Estimate provided by the Congressional Budget Office.

Mr. SMITH of Oregon. Madam Speaker, I will not move forward, the American people cannot do more; but I applaud the Ways and appreciate the opportunity to rise once again now understand which party is for lower taxes Means Committee for not giving up on the in support of tax relief for America's farmers and sound tax policy. American people. and ranchers. Regrettably, even though Chair- Today, Chairman ARCHER brings to the floor Making income averaging permanent pro- man ARCHER's laudatory efforts recently to a scaled-down package of Tax Code exten- vides U.S. farmers and ranchers a useful tool provide substantial tax relief to our agricultural sions, which appear to enjoy the support of they may use to even out their tax liabilities producers, small businessmen, and families Congress and the administration. I regret we from one year to the next. In agriculture, and H10632 CONGRESSIONAL RECORD — HOUSE October 12, 1998 especially in light of the current crisis, this sig- and result in burdens on United States com- The SPEAKER pro tempore. Does the nificantly mitigates the economic hazards of merce, including absorption of a dispropor- gentleman from Texas (Mr. ARCHER) farming and ranching. tionate share of diverted steel trade; yield for the purpose of extending the The bill also accelerates the phase-in of the Whereas the European Union, for example, debate for 1 additional hour? despite also being a major economy, in 1997 Mr. ARCHER. No, Madam Speaker. I health insurance deduction that will be ex- imported only one-tenth as much finished tremely helpful to farmers and other self-em- steel products from Asian steel producing cannot accept, Madam Speaker. This ployed people and their families. The full de- countries as the United States did and has bill is under suspension and should be duction will be realized in 2003. restricted imports of steel from the Com- covered by the normal rules for suspen- Finally, Madam Speaker, this bill assists ag- monwealth of Independent States, including sion. ricultural producers in meeting their tax obliga- Russia; The SPEAKER pro tempore. The gen- tions under the Agricultural Market Transition Whereas the United States is simulta- tleman from Texas (Mr. ARCHER) will Act (AMTA) of the 1996 farm bill. Congress al- neously facing a substantial increase in steel be recognized for 20 minutes; the gen- imports from countries within the Common- ready has provided the USDA with authority to tleman from New York (Mr. RANGEL) wealth of Independent States, including Rus- will be recognized for 20 minutes; and speed up AMTA payments, which will help sia, caused in part by the closure of Asian the gentleman from Indiana (Mr. VIS- many farmers this year, and with this bill, markets; and these payments will receive an appropriate tax Whereas many would recognize that there CLOSKY) will be recognized for 20 min- treatment. may be a need to determine if there should utes. This is a good bill. It will be helpful to Amer- be improvements in the enforcement of The Chair recognizes the gentleman ican agriculture, and it is the very least we can United States trade laws to provide an effec- from Texas (Mr. ARCHER). do. I urge all my colleagues will vote for it. tive response to such situations: Now, there- Mr. ARCHER. Madam Speaker, I Mr. ARCHER. Madam Speaker, I fore, be it yield myself such time as I may con- Resolved by the House of Representatives (the sume. yield back the balance of my time. Senate concurring), That the Congress calls The SPEAKER pro tempore. The Madam Speaker, I rise today in sup- upon the President to— port of H.Con.Res. 350. I worked with question is on the motion offered by (1) pursue vigorous enforcement of United my colleague from Ohio (Mr. REGULA) the gentleman from Texas (Mr. AR- States trade laws relating to unfair trade to develop this resolution which ex- CHER) that the House suspend the rules practices with respect to the significant in- presses the strong will of Congress that and pass the bill, H.R. 4738, as amend- crease of steel imports into the United the President must respond to the sig- ed. States, using all remedies available under all The question was taken; and (two- those laws; nificant increase in steel imports. This (2) pursue consultations with officials of resolution expresses the clear signal thirds having voted in favor thereof) Japan, Korea, the European Union, and other that we must take action under our ex- the rules were suspended and the bill, nations to eliminate import barriers that af- isting laws to preserve U.S. jobs in this as amended, was passed. fect steel mill products and to increase ac- A motion to reconsider was laid on vital sector. cess to their markets; Some are seeking to politicize this the table. (3) closely monitor United States imports issue, asserting that this resolution is f of steel and make the data gathered from such monitoring available to the public as not strong enough. Frankly, I do not CALLING ON THE PRESIDENT TO soon as possible; and understand that strategy. We must be RESPOND TO INCREASE OF (4) report to the Congress by no later than united in our call to the administra- STEEL IMPORTS AS A RESULT January 5, 1999, on the impact that the sig- tion to take action. The resolution OF FINANCIAL CRISES IN ASIA nificant increase in steel imports is having makes perfectly clear that Congress is AND RUSSIA on employment, prices, and investment in gravely concerned that the financial the United States steel industry. Mr. ARCHER. Madam Speaker, I crises in Asia and Russia have led to a The SPEAKER pro tempore. Pursu- collapse in demand for domestic steel move to suspend the rules and agree to ant to the rule, the gentleman from and that a number of our trading part- the concurrent resolution (H. Con. Res. Texas (Mr. ARCHER) and the gentleman ners are closing in their markets to 350) calling on the President to take all from New York (Mr. RANGEL) each will foreign steel, leaving the U.S. vulner- necessary measures under existing law control 20 minutes. able to sky-rocketing levels of imports. to respond to the significant increase The Chair recognizes the gentleman In fact, this language in the resolu- of steel imports resulting from the fi- from Texas (Mr. ARCHER). tion is virtually identical to the so- nancial crises in Asia, Russia, and GENERAL LEAVE called bipartisan resolution, other regions, and for other purposes. Mr. ARCHER. Madam Speaker, I ask H.Con.Res. 328, introduced last month. The Clerk read as follows: unanimous consent that all Members Furthermore, the resolution calls H. CON. RES. 350 may have 5 legislative days within upon the President to pursue vigorous Whereas the current financial crises in which to revise and extend their re- enforcement of U.S. trade laws with re- Asia, Russia, and other regions have in- marks and that I may include extra- spect to steel; to negotiate with Japan volved massive depreciation in the cur- neous material on the resolution, H. and Korea and the EU to eliminate bar- rencies of several key steel-producing and Con. Res. 350, now under consideration. riers and open their markets to the steel consuming countries, along with a col- The SPEAKER pro tempore. Is there lapse in the domestic demand for steel in glut to the steel on the market; to objection to the request of the gen- closely monitor import levels; and to these countries; tleman from Texas? Whereas the crises have generated and will report to Congress by January 5 on the There was no objection. continue to generate significant increases in impact that the significant increase in Mr. VISCLOSKY. Madam Speaker, I United States imports of steel, both from the steel imports is having on employment, wish to be recognized in opposition to countries whose currencies have depreciated prices, and investment here. in the crisis and from steel producing coun- the resolution. The SPEAKER pro tempore. Is the Madam Speaker, I hope we will not tries that are no longer able to export steel play politics today. We have no dis- to the countries in economic crisis; gentleman from New York opposed to Whereas United States imports of finished the resolution? agreement about the impact that the steel mill products from Asian steel produc- Mr. RANGEL. No, Madam Speaker. significant increase in steel imports is ing countries—the People’s Republic of Mr. VISCLOSKY. Madam Speaker, having on the U.S. industry and on its China, Japan, Korea, India, Taiwan, Indo- the gentleman from Indiana is opposed workers. I do not understand why this nesia, Thailand, and Malaysia—have in- to the resolution. resolution should pass by anything creased by over 70 percent in the first 5 The SPEAKER pro tempore. The gen- other than a unanimous vote so that months of 1998 compared to the same period tleman from Indiana (Mr. VISCLOSKY) we can send a clear, united message to in 1997; will control 20 minutes. the President that the Congress is Whereas year-to-date imports of steel from Mr. VISCLOSKY. Madam Speaker, I Russia now exceed the record import levels deeply concerned. of 1997, and steel imports from Russia and also ask unanimous consent that we Madam Speaker, I reserve the bal- Ukraine now approach 2,500,000 metric tons; extend debate on this resolution for 1 ance of my time. Whereas foreign government trade restric- additional hour, given the important Mr. RANGEL. Madam Speaker, I tions and private restraints of trade distort nature of the resolution before the have no speakers, so I reserve my time international trade and investment patterns House. at this time. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10633 Mr. VISCLOSKY. Madam Speaker, I dent should pursue with all tools at his ple at Slater Steel, where 51 positions yield myself such time as I may con- disposal a more equitable sharing of were eliminated last week. Last Thurs- sume. the burden of accepting imports of fin- day, 51 people lost their jobs. It did not Madam Speaker, the gentleman from ished steel products from Asia and the help them that we have been monitor- Texas (Mr. ARCHER) stated correctly countries within the Commonwealth. ing since last summer. that there is a significant problem with The language we have before us The last part of our resolution said a surge in steel imports into the United today says that we should consult with that there should be a report to us, to States of America. In the first 6 the officials of Japan, we should con- the Republicans, to the Democrats, a months of this year compared to the sult with the officials of Korea, we report to us by the President, who has first 6 months of last year, imports should consult with the European not acted, on the comprehensive plan have surged from South Korea by 89 Union. I bet Mr. Kim at Pohang Steel we want him to develop to deal with percent. is going to lay awake tonight worrying this surge. We want a plan in place. We b 1800 about our consultation. We are going want action taken no later than that. to consult him to death between now The resolution before us today said Imports from Japan have surged 113 and January 3. Mr. Yakamura of that the President ought to report percent. Imports from Indonesia have Nippon Steel in Japan, the guy is prob- back and say he should tell us what the surged over 300 percent. People have ably going to have a heart attack be- impact is by January 5. lost their jobs. They are not going to cause we are going to consult with the I have a couple more. Acme Steel in get laid off, they are not going to lose Japanese. We have been consulting for Riverdale, Illinois. They just filed for their jobs, they have lost their jobs. 6 months, and nobody has taken any Chapter 11 bankruptcy. A good thing The gentleman from Texas was also action. we had a bankruptcy bill on the House correct, that in a bipartisan fashion a I bet the foreign ministers of Austria, floor last week. We anticipated that period of time ago, a significant num- Belgium, Denmark, Finland, France, event. ber of Members in the House of Rep- Germany, Greece, Ireland, Italy, Lux- We have lost jobs. We are losing jobs resentatives introduced a resolution to embourg, the Netherlands, Portugal, as the weeks go by. We are asking for call upon the administration, that has Spain, Sweden, the United Kingdom, I the President to come back in 3 not acted on this matter, to take ac- bet they are going to be apoplectic be- months with this resolution and say, tion. The administration has not acted, cause we are going to consult with tell us what the impact is, Mr. Presi- and people have lost their jobs because them. dent. We would really like to know. of that. That is why we are here to- Do Members know what, they have a Everybody in this Chamber is smart night, because if the President of the job. They have a job. But 450 white-col- enough to know what the problem is. I United States is not going to enforce lar workers at Inland Steel in Chicago, respect all of my colleagues on both the trade statutes of the United States Indiana, they do not have a job today. sides of the aisle, because we all want of America, we have a constitutional They do not have a job today. On Octo- the same thing to happen. We want the responsibility to do it in this House. ber 7, 2 days ago, or 5 days ago, I stand President of the United States to act. I have the utmost respect for the corrected, Timken Steel in Pittsburgh, We want this institution to act. gentleman from Ohio (Mr. REGULA), the Pennsylvania, laid off 160 workers. But in the last day or two of this chairman of the Congressional Steel They do not have a job today. That for- Congress, to stand before the American Caucus, as well as the Vice-Chair, the eign minister in France got his job. people with a resolution that says, re- gentleman from Pennsylvania (Mr. Forty-seven steelworkers who were port back to us on the impact, let us MURTHA), and the gentleman from New laid off at three Ohio steel-producing monitor this, let us consult people to York (Mr. QUINN), who chairs the exec- facilities last month, those 47 workers, death, is a sham, and I am not going to utive committee. I will bet most of them are married, I lie to the workers who are losing their We were all on that original resolu- will bet most have kids, most have a jobs every day. tion, and we called for the enhanced mortgage, and they cannot wait until Madam Speaker, I reserve the bal- enforcement of the United States trade January 5, with Christmas and Thanks- ance of my time. laws with respect to the surge in steel giving, and three months of feeding Mr. CRANE. Madam Speaker, I yield imports. We asked that the United their kids and sending them to school. myself such time as I may consume. States government use all remedies We have 40 union workers laid off at Madam Speaker, House Concurrent available under those laws, including Timken Steel in Latrobe, Pennsyl- Resolution 350 recognizes that the U.S. offsetting duties, I stand to be cor- vania. We had, on September 2nd, 400 steel industry is experiencing difficul- rected if that is not the law of the land people laid off at Inland Steel, in addi- ties as a result of a significant increase today, and the instrument of the law tion to the 450. Geneva Steel in Utah, in imports of steel into the United under the Constitution that the Presi- an 18 percent cutback, 355 people as of States, and calls on the President to dent can use today. September 29. As of 11⁄2 weeks ago, take all measures under existing law to We said in that resolution, that bi- those 350, they are not working, but respond to this increase. partisan resolution, calling upon our the guy in Luxembourg, the guy in The financial crisis or crises in Asia president, who has not acted, that he Japan, the guy in Korea, he is working. and Russia have made a number of in- should use quantitative restraints if He is working. dustries, including steel, vulnerable to necessary. That is exactly what the The President has done nothing. We increased imports from countries seek- European community has done. They have an obligation to do something. ing to bolster their currencies and im- have put up a wall. People are so cava- The third portion of our resolution, prove the current account balances. lier when they come in. They say yes, bipartisanly introduced, said that the This resolution is tough but fair, and the Europeans did it, but we are going administration ought to establish a I urge my colleagues to support it. I to cause a crisis internationally if we task force within the branch with the support using our existing trade laws simply protect ourselves from an ille- responsibility for closely monitoring to address the question of whether gal international action. imports. No great quibble here. steel is being traded unfairly and injur- If I am wrong that quantitative re- The resolution before us today says ing our industry and workers. In fact, I straints are not allowable under the we will continue to closely monitor. A understand that the steel industry has law of the land today, I stand to be cor- lot of good that has done for all of brought a number of antidumping peti- rected right now, and other authorized these other people that have continued tions within the last 2 weeks. I urge remedial measures as appropriate that to lose their jobs, the 200 people in the industry to continue to pursue this are available to the President of the Fairfield, Alabama, who on September track, and the Commerce Department United States. 1 were laid off by U.S. Steel, the 100 and the International Trade Commis- The second paragraph of that resolu- people in Mon Valley, Pittsburgh, who sion to consider these petitions tion that was introduced in a biparti- were laid off on September 1. promptly. san fashion to call upon the President, That monitoring so far to date, the Some say that we should change our who has not acted, said that the Presi- last 6 months, has not helped the peo- trade laws in advance to accommodate H10634 CONGRESSIONAL RECORD — HOUSE October 12, 1998 these cases before they have been de- Madam Speaker, I decided to run for now saying, just vigorous enforcement. cided. Much as I sympathize with the Congress after I covered in the news Instead of calling upon the President plight of the U.S. steel industry and its business the decline of the American to use all the tools at his disposal to workers, I believe it would be pre- steel industry while working for a tele- share Asian and Russian imports with mature to make such changes. vision station in Pittsburgh, Pennsyl- Japan and the European union, this First, we must not prejudge or inter- vania. 155,000 industrial jobs were lost bill suggests we pursue consultations. fere with the outcome of pending liti- while this country and this Congress We have pursued enough consulta- gation. Second, we must resist the urge and various presidents sat here and fid- tions, Madam Speaker. It is time we to unilaterally close our markets at dled and carried on, and did not care take action. This bill is a sham. this delicate time. Shutting our doors about what was happening in what has Mr. ENGLISH of Pennsylvania. through protection would set a bad ex- become known as the rust belt of this Madam Speaker, I yield myself 3 min- ample for Asia and Russia, and for the Nation. utes. rest of the world, that closed trade is My dear colleague, the gentleman Madam Speaker, this resolution puts an acceptable policy in difficult eco- from Indiana (Mr. VISCLOSKY) just our trading partners on notice that the nomic times. History shows us that it talked a moment ago about the hun- U.S. Congress will not tolerate preda- clearly is not. We should not tolerate dreds of our constituents in this coun- tory trade practices. This resolution policies that limit imports of our goods try who are losing their jobs each day, also pressures the administration to and services, and we should not permit and each one of them is a tragic story. use its legal authority, including rem- Asia and Russia to increase U.S.-bound Each one of them is someone who can- edies that in my view could include off- exports excessively, to the detriment of not make a car payment, cannot make setting duties and quantitative re- our companies and workers. a mortgage payment, does not know straints, to the benefit of a strategic Instead, we must pursue trade liber- how they are going to pay the bills. sector of the American economy. alization abroad by action to increase They had a great job in the American I call on the administration to act our access to other markets. We should steel industry, in a Nation that has led expeditiously to eliminate the damage be on the lookout for increased Asian the production of steel for generations. that is being caused by illegal dumping and Russian trade barriers. We must Now, we are saying to them, the Presi- of foreign steel products. Russia, also encourage Japan to open its mar- dent will not stand up for you. He will Brazil, Korea, China, and Japan should kets to absorb excess capacity from its not use the tools at his disposal, and not be allowed to export their eco- neighbors. this Congress can just use a lighter In short, we have to do everything we nomic mismanagement to the United shade of pale of the resolution that this States. can to get the Asian region and Russia Congress in a bipartisan manner sug- back to health so their consumers may gested that we pass to force this ad- continue to purchase our goods and b 1815 ministration to do everything in their services and create opportunities for power to stand up for this industry and Dumping is an unfair, intolerable and our companies and workers. The finan- for those American workers. illegal trade practice that is hurting cial crisis is an opportunity to foster Steel prices in this country have fall- American steel companies and putting trade liberalization in these markets, en 20 percent over the last 3 months, American jobs at risk. make systematic changes that will and workers are being laid off because Due to their economic crises, foreign open markets, increase transparency, the Asian countries and Russia are steel companies in these countries and and bolster confidence. dumping their steel on this country. elsewhere cannot sell their products for Accordingly, the resolution calls domestic consumption. In order to liq- upon the President to pursue vigorous Unfair trade practices are taking place that are having an incredibly bad effect uidate their inventory, foreign steel enforcement of U.S. trade laws relating producers are dumping their products to unfair trade practices using all rem- across this Nation. What do we do? We want to study the in the U.S. by selling at prices below edies available under all those laws, issue. We want to consult about the production costs. pursue consultations with our trading Steel imports through May 1998 in- partners to eliminate barriers and in- issue. We want to formulate a report which will come back after the first of creased by a staggering figure, over 70 crease access to those markets, closely percent from last year, and now con- monitor U.S. imports of steel, make the year. I will tell Members right now what the report is going to say. I will stitute one-third of the domestic steel that data available to the public, and market. Over the last decade, Mr. report to Congress by January 5 on the save the Members the money, the millions of dollars it would take to write Speaker, the American steel industry impact the significant increase in steel has been revitalized and become one of imports is having on employment, that report. What is going to happen is the most competitive industries in the prices, and investment in the industry. more workers will be laid off, steel world. This substantial accomplish- I would like to congratulate several plants will close, and our communities of my colleagues for their role in bring- will fall apart. ment is now in jeopardy due to ille- ing this resolution to the floor today, We have to take action. These trade gally traded steel imports, and the including the gentleman from Pennsyl- laws are on the books. Allegheny companies involved support this resolution. vania (Mr. ENGLISH), the gentleman Ludlum in Leechburg, which is just Let us be clear, a vote for this resolu- from Ohio (Mr. REGULA), and the gen- outside of my district, they have al- tion is a vote for a strong domestic tleman from Illinois (Mr. WELLER). ready laid off over 100 workers this I would particularly like to thank year because of the cheap foreign im- steel industry. A vote against this res- the gentleman from Alabama (Mr. ported steel. olution, contrary to what we have ADERHOLT), who, while not a member There is not a college, there is not an heard on the other side, is a vote of the Committee on Ways and Means, MBA course, there is not a university against the vital interest of every has worked hard on this issue. in this Nation that can teach you how American steelworker whose job is at Madam Speaker, I urge my col- to run a steel plant when you have be- risk because of illegal imports. leagues to vote for this resolution, come as efficient as you can, when you Mr. Speaker, I challenge every Mem- which sends a strong warning to our are producing steel cheaper than you ber of this body who aspires to rep- trading partners that we are on the have ever done, you are producing as resent working families to set aside lookout for our steel industry and its much as you can produce, and you are partisan poses and vote for fair trade workers. still losing money. Why are we losing and for this resolution. Madam Speaker, I reserve the bal- money? Because we are allowing this Mr. Speaker, I reserve the balance of ance of my time. cheap imported steel to be dumped my time. Mr. VISCLOSKY. Madam Speaker, I here that is being subsidized by other Mr. VISCLOSKY. Mr. Speaker, if I yield 3 minutes to the gentleman from nations. could ask the Chair what the time re- Pennsylvania (Mr. KLINK). The truth of the matter is that in- maining is on each side. Mr. KLINK. Madam Speaker, I thank stead of calling on the President to The SPEAKER pro tempore (Mr. the gentleman for yielding time to me. pursue enhanced enforcement, we are BLUNT). The gentleman from Indiana October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10635

(Mr. VISCLOSKY) has 9 minutes remain- Senator SPECTER, chairman in the Sen- Mr. Speaker, these are specific, di- ing, and the gentleman from Pennsyl- ate, and Senator ROCKEFELLER, and we rect actions that can be taken and we vania (Mr. ENGLISH) has 111⁄2 minutes met with Treasury Secretary Rubin, ought to be telling the administration: remaining. Secretary of Commerce Dailey, with Do it. Do something good. Stand up for MR. ENGLISH of Pennsylvania. Mr. Trade Ambassador Barshefsky, and steel. Speaker, I yield 31⁄2 minutes to the dis- with the chairman of the Council of Let us stand up for something that tinguished gentleman from Ohio (Mr. Economic Advisors, Mr. Gene Sperling. means action, not just ‘‘significant in- REGULA), chair of the Congressional We gave them the outlines of the prob- crease,’’ not just ‘‘under existing Steel Caucus. lem. And what we had from them is laws,’’ not ‘‘establish a monitoring pro- (Mr. REGULA asked and was given talk. As I said to them, there is a Chi- gram,’’ as provided in this resolution. permission to revise and extend his re- nese proverb that says, ‘‘Talk does not That means nothing. marks.) cook rice.’’ As the gentleman from Indiana said, Mr. REGULA. Mr. Speaker, we have What we need is for this administra- I tell my colleagues, the leadership in heard the slogan, ‘‘Stand up for steel.’’ tion to start dealing with this problem Japan is not quaking in their boots Today we are standing up for steel. and not giving us talk. This resolution over this language, and neither should What we are really talking about are provides for disclosure to the public so the Members on this floor. We ought to two objectives. One is to save steel jobs we know what is going on. And I think have something a lot tougher. in this Nation, the other is to get the that it will require action by our Com- Mr. ENGLISH of Pennsylvania. Mr. Speaker, I yield 2 minutes to the dis- President and the Cabinet members en- mittee on Ways and Means. tinguished gentleman from Illinois ergized to help us save those steel jobs. I would point out of all the resolu- (Mr. WELLER), a member of the Com- This is the message that we want to tions, this is the one coming out of our mittee on Ways and Means, and a good send down Pennsylvania Avenue. We Committee on Ways and Means. To really work on this problem, we need friend of steel. have had discussions. We have had a lot (Mr. WELLER asked and was given of talk, but now we need action. the cooperation and we need the help and we need action by the Committee permission to revise and extend his re- Other speakers have detailed the ex- marks.) tent of the problem. Exports are up on Ways and Means. But right now, the President of the Mr. WELLER. Mr. Speaker, I thank from Russia, 45 percent; from Korea, 89 the gentleman from Pennsylvania (Mr. percent; from Japan, 113 percent; Indo- United States can take action to save those steel jobs. Mr. Speaker, I say to ENGLISH) for yielding me this time. nesia, 308 percent. And, of course, the Mr. Speaker, it is time for action. the President, ‘‘Mr. President, we want European Union put in quotas, as was Frankly, it is time that we give a you and your cabinet and your admin- mentioned earlier. Even though their wakeup call to the White House. While istration to stand up for steel.’’ population is the same as ours, rough- steelworkers in Illinois and across this Mr. VISCLOSKY. Mr. Speaker, I ly, they import one-tenth as does the country are losing their jobs, the Clin- yield 2 minutes to the gentleman from United States. I think it tells us very ton administration does nothing. BERSTAR). Minnesota (Mr. O Tonight, the President is in New clearly how we are being the target for Mr. OBERSTAR. Mr. Speaker, I ap- York spending an evening with the all the surplus steel capacity around preciate the Committee on Ways and ‘‘limousine liberals,’’ and nothing is the world. Means has acted. I think we all ought being done about steel jobs in Illinois. What we do in this resolution is say to recognize, though, they acted only We are losing jobs in Illinois because to the administration: Take action. It because we had such a strong vote last the Clinton administration is doing is a strong message. We can talk about week on this issue that showed we nothing. This Congress needs to speak semantics. We can split hairs. The real could have passed the resolution that answer is we have got to get the mes- and call for action, because Illinois was originally introduced. workers are losing their jobs while Bill sage down there. And whether it is the Now, if my colleagues want to be resolution offered by the gentleman Clinton is in New York. ‘‘Congressman Feelgood,’’ go ahead and Asian countries, the countries of from Indiana (Mr. VISCLOSKY), whether vote for this resolution, this watered- it is mine, whether it is the resolution Asia and Russia are dumping steel in down, tooth-pulled language that has Illinois and it is costing Illinois work- offered by the gentleman from Texas no strength in it. If they want to be (Chairman ARCHER), none of those will ers their jobs. Steel imports from ‘‘Mr. Feelgood,’’ then vote for it. Japan have doubled, while Bill Clinton mean anything unless the administra- But if they want to be ‘‘Congressman tion is willing to take action. sleeps. Steel imports from Korea have Do-Good,’’ then let us bring this reso- gone up 89 percent, while the Clinton But I would point out to my col- lution back to the floor that so many leagues that in this resolution before administration does nothing. of us cosponsored. What we need is We need action Mr. Speaker. That is us today we call for the President of some real action. why this resolution and that is why the United States to pursue vigorous We need action on voluntary re- this Congress should speak in a biparti- enforcement of our unfair trading laws straint agreements, as we had during san, unanimous vote telling the Clin- using all remedies available under all the Reagan administration. The gen- ton administration get off of its duff laws. In other words, use all of the tleman from Ohio will remember that and do something and go to work to tools available. very well. We need retroactive counter- protect Illinois steel jobs. Are there tools? Yes, there are tools. vailing duties assured to be imposed, There are 20 firms in the south sub- The President can invoke national se- once the findings are made on the urbs of the south side of Chicago that I curity matters and immediately put on countervailing duty cases that are have the privilege of representing. quantitative restraints, if the Presi- pending. Every one of them are hurting. As the dent were willing to do this. We need to have Japan reduce its ex- gentleman from Indiana (Mr. VIS- Mr. Speaker, he can pursue the test ports to the United States. We need CLOSKY) pointed out, Acme Steel filed of emergency conditions in the United Japan to raise their prices to real mar- for bankruptcy. Birmingham Steel, States, and there is an emergency. ket condition prices. We need tough which has 400 jobs in Bourbonnais, has Again, the President can act without language, not this watered-down lan- now reduced its hours down to where any further action. guage that we are dealing with here. they are only working 4 days a week in Thirdly, the President and the Com- The actions that can be taken with order to avoid layoffs. In September, merce Department can bring 201 and Japan, with Korea to privatize its steel they shut down for a full week, idling 301 cases. They have not done so. industry, to bring its exports down to 280 workers. Belson Scrap and Steel, Fourthly, they can find critical cir- the level prior to this past May. And 110 employees. They have had to reduce cumstances under dumping, allowing for the European Union to end their their payroll by 10 percent. retroactive imposition of duties. So, quotas on Russian steel that have cut Because the Clinton administration there are many tools available. Russian exports to the European Com- is doing nothing, workers are hurting. Last week I, as chairman of the Steel munity countries by 50 percent, so that We need action. Let us give a biparti- Caucus, along with the gentleman from Russia now leapfrogs Europe and san vote to this resolution and demand Minnesota (Mr. OBERSTAR) met with dumps their steel in the United States. action out of Clinton administration. H10636 CONGRESSIONAL RECORD — HOUSE October 12, 1998 Mr. Speaker, I rise today in support of H. when American jobs are at stake. I ask for the restriction of U.S. steel exports. Con. Res. 350 which calls on the President to your support for this industry and this impor- The administration has told Congress enforce existing trade laws to respond to the tant legislation. that it is enforcing our trade laws vig- overwhelming increase in foreign steel imports Mr. VISCLOSKY. Mr. Speaker, I orously. Well, foreign steel is still surg- resulting from the Asian financial crisis. yield myself 1 minute and 15 seconds. ing into our country from Asia and Mr. Speaker passage of H. Con. Res. 350 Mr. Speaker, the gentleman from threatening the jobs of our steel- is of the utmost importance to the future of the Ohio (Mr. REGULA) earlier in his re- workers plus the future of our indus- American steel industry and to thousands of marks talked about the ‘‘Visclosky res- try, that by all odds is the lowest cost, steelworkers around the country, many of olution.’’ That was not the Visclosky most efficient producer of steel in the which I represent in the 11th Congressional resolution. That was a bipartisan reso- entire world. District in Chicago's south suburbs. The eco- lution that the caucus agreed to. We I also call on the European Union to nomic problems in Russia, Asia and Latin had cosponsors of that resolution lan- do its part to meet the ongoing crisis America have lead to large scale dumping of guage on both sides. in Russia by opening its market to the foreign steel on the U.S. market with most of The gentleman from Ohio has had import of Russian steel products. It this steel being sold at below the price of pro- people losing their jobs as recently as 5 should stop cutting back its imports duction in their home markets. As you know days ago: September 2, September 29, from Russia, if it is to put in place a Mr. Speaker, this is an unfair and illegal trade October 1, October 8. long-term solution to the global finan- practice under both international and U.S. Mr. REGULA. Mr. Speaker, will the cial crisis. Accordingly, I urge my colleagues to trade policies, and the dumping of foreign gentleman yield? support this important measure. steel threatens many good paying American Mr. VISCLOSKY. I yield to the gen- jobs. tleman from Ohio. b 1830 This past spring, I along with 64 other mem- Mr. REGULA. Mr. Speaker, I was re- Mr. ENGLISH of Pennsylvania. Mr. bers of this House signed a letter to the Presi- ferring to the privileged resolution Speaker, I yield 2 minutes to the gen- dent asking him to enforce existing U.S. laws that the gentleman from Indiana intro- tleman from Alabama (Mr. ADERHOLT), against these unfairly traded steel imports. Un- duced, and he was the sponsor of that. a distinguished member of the Congres- fortunately Mr. Speaker, the Administration Mr. VISCLOSKY. Which I sponsored, sional Steel Caucus and a strong friend has failed to act on behalf of the steel industry but which contained the bipartisan lan- of steel. and American workers. In fact, the problem guage. (Mr. ADERHOLT asked and was has only grown worse since this spring, Steel Mr. REGULA. Most of it, yes. given permission to revise and extend imports for this past July were up almost 45% Mr. VISCLOSKY. Mr. Speaker, re- his remarks.) over July 1997. Imports from Japan and South claiming my time, most of the biparti- Mr. ADERHOLT. Mr. Speaker, I want Korea are up over 113% and 89% respec- san language. So, this was not a par- to thank the gentleman from Texas tively. tisan issue. (Mr. ARCHER) and the gentleman from The impact of this dumped steel has already The administration has not acted and Illinois (Mr. CRANE) for their work to resulted in layoffs and reduced orders in fac- that is why we are here tonight. The bring this resolution to the floor today. tories around the country. U.S. Steel has laid Commerce Department has not initi- The United States steel industry is off over 100 workers in Pittsburgh and is plan- ated its own investigation. The Trade the most efficient and competitive in ning to lay off more workers as orders con- Rep’s office has not initiated its own the world. Currently, however, the in- tinue to slow. Geneva Steel has had to let go investigation. Neither has the Com- dustry is in a crisis due to the dumping of over 500 employees, and Northwestern merce Department or Trade Rep office onto the U.S. markets of below-cost Steel and Wire Company in my state of Illinois called for countervailing duties. No one production of steel from countries in has said that it might have to let go as many in the administration has pressured the financial distress. Although I support this resolution, I strongly believe that as 450 workers because of these unfair trade European Union to discuss sharing the we must have an immediate ban on cer- practices. Even Acme Steel Company in Chi- burden of the financial crisis in Russia tain foreign steel imports to give the cago has been forced to file for bankruptcy or Asia. U.S. steel industry a level playing protection putting even more jobs in question. Mr. Speaker, I will close my portion of the remarks by indicating that this field. I have over 20 firms in my district that My bill, 4762, which has 6 Republicans is not the best all of us can do collec- produce steel or steel products. Some of and 5 Democrats, does that. The cur- tively. The best we can do collectively these firms are large corporations like Bir- rent GATT agreement and the U.S. re- is to send this back to the committee mingham Steel whose mill in Joliet, Illinois em- view process for trade complaints do ploys almost 400 people, while others are of jurisdiction and tell them to do bet- nothing to help the families who have small family owned businesses like Belson ter on Wednesday. already lost their jobs. It is wrong to Scrap and Steel in Bourbonnais, Illinois with Mr. ENGLISH of Pennsylvania. Mr. let American jobs die as part of a back- 110 employees. Without immediate action to Speaker, I yield 2 minutes to the dis- door foreign policy method for keeping stem the tide of this unfairly dumped steel, I tinguished gentleman from New York foreign governments and economies fear that these steel producers and their work- (Mr. GILMAN), the chairman of the afloat. By leaving our ports open to ers will face severe harm. Committee on International Relations. this flood of steel while Europe main- Mr. Speaker, both the steel industry and the (Mr. GILMAN asked and was given tains trade barriers is exactly what we steelworkers union have filed suit to stop permission to revise and extend his re- are doing. these unfair practices, but, without swift action marks.) I urge the President to immediately by the Administration to stop this unchecked Mr. GILMAN. Mr. Speaker, I thank stop this flood of foreign, unfairly flow of dumped steel, it may be too late for the gentleman from Pennsylvania (Mr. priced steel. If our trade partners do many of our steel companies and steel work- ENGLISH) for yielding me this time. not like it, let them file a case and go ers to wait for the courts resolution. Mr. Speaker, I am pleased to rise in through the same lengthy bureaucratic The steel industry has rebounded from the support of H. Con. Res. 350 calling on process that we have to suffer. Seven financial difficulties of the 1980's that cost our our President to promptly take all nec- steel company presidents, 12 Governors country over 325,000 jobs. The American steel essary measures to stop the dumping of and the United Steelworkers of Amer- industry once in decline, now produces the foreign steel on our markets. ica have pleaded with the President to lowest cost and highest quality steel on the Mr. Speaker, I commend the gen- halt these imports. planet. If we fail to ensure that American steel tleman from Ohio (Mr. REGULA) and This resolution urges the President plays on a level playing field with the rest of the gentleman from Pennsylvania (Mr. to engage Europe and Japan to end the world, then we place American steel com- ENGLISH), sponsors of this measure, their trade barriers. I ask for everyone panies and American workers including the along with the distinguished gen- to support this resolution as a first 400 at Birmingham Steel and the 110 at tleman from Texas (Mr. ARCHER), step in an effort to give America’s Belson in my district in great harm. chairman of the Committee on Ways steelworkers a fair chance to compete. It's time to send a message to the Adminis- and Means. Mr. VISCLOSKY. Mr. Speaker, I tration, foreign governments, and American U.S. jobs are at stake if we fail to en- yield 1 minute to the gentleman from workers, that this Congress will not stand idle sure that foreign markets discontinue Ohio (Mr. KUCINICH). October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10637 Mr. KUCINICH. Mr. Speaker, I rise cannot lose this industry. This resolu- Mr. Speaker, I am not talking today on behalf of steelworkers in the greater tion puts us on record as a Congress. If about our resolution. I am talking Cleveland area who work at LTV Steel it goes down, it will be a bad, bad sig- about our failure to basically perform and steelworkers everywhere across nal. our constitutional mandate. We have this country who realize that this cri- Mr. VISCLOSKY. Mr. Speaker, I allowed White House after White House sis in steel is real. yield the balance of my time to the after White House to negotiate with Workers are losing their jobs, plants gentleman from Ohio (Mr. TRAFICANT), Communists, foreign leaders. The Con- are in danger of being shut down, but my friend and the friend of everybody stitution does not say we consult; the enforcement of our trade laws is not in economic risk in this country. Constitution says we act. happening. Today we have the oppor- (Mr. TRAFICANT asked and was Specifically, I have before and will tunity and the duty to ensure our pro- given permission to revise and extend have before the House, if this is voted tections for steel are enforced. But this his remarks.) down, a very simple, straightforward concurrent resolution is weak. What Mr. TRAFICANT. Mr. Speaker, near- resolution that I think the Committee are we afraid of? ly all of the great economic improve- on Ways and Means should bring out. It If not now, when is it appropriate to ment in the country has the finger- says, the administration should review impose quantitative restrictions on prints of one of America’s great chair- every bit of steel coming into our coun- steel imports? If not now, when is it men, the gentleman from Texas (Mr. try. appropriate to raise tariffs? What are ARCHER). If there is a better Member Number two, we review and identify. we about if we allow our steelworkers than the gentleman from Ohio (Mr. If there is, in fact, illegal dumping, to lose their jobs without taking emer- REGULA), I do not know him. My friend document it and impose a 1-year ban gency actions to protect them? and neighbor from nearby western on anybody dumping illegally in our Mr. VISCLOSKY. Mr. Speaker, I re- Pennsylvania, thank you for all the country. That includes Japan, Russia serve the balance of my time. good things you have done for workers, and Brazil. Mr. ENGLISH. Mr. Speaker, I yield the gentleman from Pennsylvania (Mr. Number three, same as the gen- ENGLISH). So do not take my comments 11⁄2 minutes to the gentleman from In- tleman from Ohio (Mr. REGULA), put diana (Mr. SOUDER), a strong friend of as an attack on you. I am fed up the that task force together to closely steel. way our Nation has handled trade mat- monitor these imports in the future. Mr. SOUDER. Mr. Speaker, I thank ters. And finally, report back by January 5, Specifically, we are mandated by the the gentleman from Pennsylvania and 1999, on the actions the executive Constitution to regulate commerce the gentleman from Ohio for their branch expects to implement due to with foreign nations. What we have not leadership, and also my colleague from the fact that they have uncovered ille- Indiana for his leadership, and the gen- delegated to the White House, the White House has usurped. gal dumping. tleman from Minnesota (Mr. OBERSTAR) How, they say, can I oppose this reso- We need some specificity. God Al- for his part in this important issue, be- lution? It is nonbinding. The Demo- mighty here. Democrats with non- cause we clearly see American steel crats, it is nonbinding. binding resolutions; Republicans with companies being driven out of business Here is my position, here is simply nonbinding resolutions, nonbinding with unfair market practices. why. They are both nonbinding. Why resolutions that are watered down, wa- We can talk as Republicans all we not make them specific? Why not di- tered down, watered down without want about free trade, but, in fact, rect the President to look at this meaning, without focus, without law. when you have people who cheat, who issue? The issue today is not just trade, Hell, if we were to do something, we do not follow the rules, you cannot it is illegal trade. would have brought out the Aderholt have free trade. The steelworkers of America oppose bill. I do not slam the Republican I, too, wish this resolution were this resolution because it does not spe- Party. I am not slamming the Demo- tougher, but the plain truth of the cifically address dumping. crats. It has happened on both sides. matter is we are at the end of the ses- The gentleman from Ohio (Mr. REG- Do you know who I am slamming? sion. The Senate is not in session. The ULA) said there is so much surplus All of the Congress. We have allowed only thing we can do at this point is a overseas and that we end up buying it the White House to conduct business, resolution that puts us on record. This all because no one else overseas seems and, by God, they should do what the is the best we can do. to be taking this surplus. Well, that is Congress of the United States says or If this resolution would go down, it not the only problem. This surplus is veto it. would be a terrible sign because thus coming into our country below produc- I would appreciate a no vote on this far we have been working in a biparti- tion cost. Attractive, is it not? resolution. san way between the two sides to try to Where is the specificity? Where is it Mr. VISCLOSKY. Mr. Speaker, I point out to this administration and coming from? Japan, Russia, Brazil. yield such time as he may consume to this Congress what is happening in the Let us talk about Japan. Every Presi- the gentleman from Alabama (Mr. steel industry. dent since Richard Nixon threatened BACHUS). This book, American Steel, which I Japan with sanctions to open up their (Mr. BACHUS asked and was given would recommend to anyone, tells the market and stop this illegal trade. permission to revise and extend his re- details of the founding of NUCOR as Every one right up to William Jeffer- marks.) well as what was later developed as son Clinton. Evidently they never com- Mr. BACHUS. Mr. Speaker, I rise in Steel Dynamics in Indiana. Those two plied. I mean, that is a truthful state- opposition to the resolution. companies drove the price of steel ment. Workers are fed up. Mr. ENGLISH of Pennsylvania. Mr. down, yet they cannot compete because My community has been decimated, Speaker, I yield myself the balance of of this illegal dumping. We have put so 55,000 steelworkers, Gonesville. And it my time. many restrictions on our steel indus- is our fault. Mr. Speaker, normally I would be try, yet they have been innovative. Let us look at Russia. We are now happy to associate myself with the re- If we at times do not offer protection giving Russia foreign aid. Russia, sub- marks of the gentleman from Youngs- when other countries will not play fair, sidizing their industries, and the Com- town, and, in fact, most of what he said we will not have a steel industry. If we munists are battling with Yeltsin. Who I agree with. But he put his finger on do not have a steel industry, how can knows who might win? We are losing. something that I think was critical we talk about national defense? How Let us look at Brazil. We are going to when he said that our so-called wa- can we talk about being a strong Na- shut the government down over an $18 tered-down resolution is watered down tion if we do not have something as billion bailout in the international only in the sense that the other side’s fundamental as steel in this country? monetary slush fund for Brazil. Brazil resolution is watered down. The Regula We cannot just produce hamburgers is taking our money. They are subsidiz- resolution does not specifically address and CDs and the type of soft things, ing their steel industry, and they are dumping, nor does ours. those are important, but steel is a selling steel in the United States of However, ours does put this body on foundational part of our country. We America below their production cost. record focusing on this issue. This is, H10638 CONGRESSIONAL RECORD — HOUSE October 12, 1998 contrary to what we have heard, the The vote was taken by electronic de- Oxley Sabo Stupak Packard Salmon Sununu only vote we will get on this issue this vice, and there were—yeas 400, nays 0, Pallone Sanchez Talent session. So I want to make it clear answered ‘‘present’’ 2, not voting 32, as Pappas Sanders Tanner here, a vote for this resolution is a vote follows: Parker Sandlin Tauscher for a strong domestic steel industry. Pascrell Sanford Tauzin [Roll No. 521] Pastor Sawyer Taylor (NC) The American Iron and Steel Institute YEAS—400 Paxon Saxton Thomas supports this resolution. A vote Payne Schaefer, Dan Thompson against this resolution is a vote Abercrombie Diaz-Balart Johnson (CT) Pease Schaffer, Bob Thornberry Ackerman Dickey Johnson (WI) Pelosi Schumer Thune against the vital interests of every Aderholt Dicks Johnson, E.B. Peterson (MN) Scott Thurman American steelworker whose job is at Allen Dingell Johnson, Sam Peterson (PA) Sensenbrenner Tiahrt risk for illegal imports. Andrews Dixon Jones Petri Serrano Tierney Let us not make a distinction with- Archer Doggett Kanjorski Pickering Sessions Torres Armey Dooley Kaptur Pickett Shadegg Towns out a difference, as the other side has. Bachus Doolittle Kasich Pitts Shaw Traficant Let us support jobs. Let us vote for this Baesler Doyle Kelly Pombo Shays Turner resolution as the one way of register- Baker Dreier Kennedy (MA) Pomeroy Sherman Upton Baldacci Duncan Kennedy (RI) ing our will in favor of domestic steel. Porter Shimkus Velazquez Ballenger Dunn Kildee Portman Shuster Vento The SPEAKER pro tempore (Mr. Barcia Edwards Kim Price (NC) Sisisky Visclosky BLUNT). The question is on the motion Barr Ehrlich Kind (WI) Quinn Skeen Walsh offered by the gentleman from Penn- Barrett (NE) Emerson King (NY) Radanovich Skelton Wamp Barrett (WI) Engel Kingston Ramstad Slaughter Waters NGLISH sylvania (Mr. E ) that the House Bartlett English Kleczka Rangel Smith (MI) Watkins suspend the rules and agree to the con- Barton Ensign Klink Redmond Smith (NJ) Watt (NC) current resolution, H. Con. Res. 350. Bass Eshoo Klug Regula Smith (OR) Watts (OK) Bateman Etheridge Knollenberg Reyes Smith (TX) Weldon (FL) The question was taken. Becerra Evans Kolbe Mr. ENGLISH of Pennsylvania. Mr. Riggs Smith, Adam Weldon (PA) Bentsen Everett Kucinich Riley Smith, Linda Weller Speaker, on that I demand the yeas Bereuter Ewing LaFalce Rivers Snowbarger Wexler and nays. Berry Farr LaHood Rodriguez Snyder Weygand The SPEAKER pro tempore. Pursu- Bilbray Fattah Lantos Roemer Solomon White Bilirakis Fawell Latham Rogan Souder Whitfield ant to clause 5 of rule I and the Chair’s Bishop Fazio LaTourette Rogers Spence Wicker prior announcement, further proceed- Blagojevich Filner Lazio Rohrabacher Stabenow Wilson ings on this motion will be postponed. Bliley Foley Leach Rothman Stark Wise Blumenauer Forbes Lee f Roukema Stearns Wolf Blunt Ford Levin Roybal-Allard Stenholm Woolsey Boehlert Fossella Lewis (CA) ANNOUNCEMENT BY THE SPEAKER Royce Stokes Wynn Boehner Fowler Lewis (GA) Rush Strickland Young (AK) PRO TEMPORE Bonilla Fox Lewis (KY) Ryun Stump Young (FL) Bonior Frank (MA) Linder The SPEAKER pro tempore. Pursu- Bono Franks (NJ) Lipinski ANSWERED ‘‘PRESENT’’—2 ant to clause 5, rule I, the Chair will Boswell Frelinghuysen Livingston Lofgren Paul now put the question on each motion Boyd Frost LoBiondo to suspend the rules on which further Brady (PA) Furse Lowey NOT VOTING—32 Brady (TX) Gallegly Lucas Berman Inglis Poshard proceedings were postponed earlier Brown (CA) Ganske Luther Borski John Pryce (OH) today and then on the motion to sus- Brown (FL) Gejdenson Maloney (CT) Boucher Kennelly Rahall Brown (OH) Gekas Maloney (NY) pend the rules postponed from Satur- Castle Kilpatrick Ros-Lehtinen Bryant Gibbons Manton Cooksey Lampson Scarborough day, October 10, 1998, in the order in Bunning Gilchrest Manzullo Deutsch Largent Skaggs which that motion was entertained. Burr Gillmor Markey Ehlers McCarthy (MO) Spratt Votes will be taken in the following Burton Gilman Martinez Gephardt McCollum Taylor (MS) Buyer Gonzalez Mascara order: Graham Mollohan Waxman Callahan Goode Matsui Hefner Murtha Yates H.R. 3494, de novo; Calvert Goodlatte McCarthy (NY) Hinchey Norwood H. Con. Res. 350, by the yeas and Camp Goodling McCrery nays; Campbell Gordon McDade S. 2095, de novo. Canady Goss McDermott b 1905 The Chair will reduce to 5 minutes Cannon Granger McGovern Capps Green McHale The Clerk announced the following the time for any electronic vote after Cardin Greenwood McHugh pairs: the first such vote in this series. Carson Gutierrez McInnis Mr. LEVIN and Mr. HALL of Texas f Chabot Gutknecht McIntosh Chambliss Hall (OH) McIntyre changed their vote from ‘‘nay’’ to CHILD PROTECTION AND SEXUAL Chenoweth Hall (TX) McKeon ‘‘yea.’’ Christensen Hamilton McKinney Ms. LOFGREN changed her vote from PREDATOR PUNISHMENT ACT OF Clay Hansen McNulty 1998 Clayton Harman Meehan ‘‘yea’’ to ‘‘present.’’ So (two-thirds having voted in favor The SPEAKER pro tempore. The Clement Hastert Meek (FL) Clyburn Hastings (FL) Meeks (NY) thereof) the rules were suspended and pending business is the question of sus- Coble Hastings (WA) Menendez the Senate amendments were con- pending the rules and concurring in the Coburn Hayworth Metcalf curred in. Senate amendments to the bill, H.R. Collins Hefley Mica Combest Herger Millender- The result of the vote was announced 3494. Condit Hill McDonald as above recorded. The Clerk read the title of the bill. Conyers Hilleary Miller (CA) The SPEAKER pro tempore. The Cook Hilliard Miller (FL) A motion to reconsider was laid on question is on the motion offered by Costello Hinojosa Minge the table. Cox Hobson Mink the gentleman from Arkansas (Mr. Coyne Hoekstra Moakley f HUTCHINSON) that the House suspend Cramer Holden Moran (KS) Crane Hooley Moran (VA) the rules and concur in the Senate ANNOUNCEMENT BY THE SPEAKER amendments to the bill, H.R. 3494. Crapo Horn Morella Cubin Hostettler Myrick PRO TEMPORE The question was taken. Cummings Houghton Nadler Mr. ENGLISH of Pennsylvania. Mr. Cunningham Hoyer Neal The SPEAKER pro tempore (Mr. Speaker, I object to the vote on the Danner Hulshof Nethercutt BLUNT). Pursuant to the provisions of ground that a quorum is not present Davis (FL) Hunter Neumann clause 5, rule I, the Chair announces Davis (IL) Hutchinson Ney and make the point of order that a Davis (VA) Hyde Northup that he will reduce to a minimum of 5 quorum is not present. Deal Istook Nussle minutes the period of time within The SPEAKER pro tempore. Evi- DeFazio Jackson (IL) Oberstar which a vote by electronic device may dently a quorum is not present. DeGette Jackson-Lee Obey be taken on each additional motion to Delahunt (TX) Olver The Sergeant at Arms will notify ab- DeLauro Jefferson Ortiz suspend the rules on which the Chair sent Members. DeLay Jenkins Owens has postponed further proceedings. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10639 CALLING ON THE PRESIDENT TO Coyne Kildee Rangel NATIONAL FISH AND WILDLIFE Cramer Kind (WI) Redmond RESPOND TO INCREASE OF Cubin King (NY) Reyes FOUNDATION ESTABLISHMENT STEEL IMPORTS AS A RESULT Cummings Kleczka Rivers ACT AMENDMENTS OF 1998 OF FINANCIAL CRISES IN ASIA Danner Klink Rodriguez The SPEAKER pro tempore (Mr. AND RUSSIA Davis (FL) Kolbe Roemer Davis (IL) Kucinich Rohrabacher BLUNT). The unfinished business is the The SPEAKER pro tempore. The Davis (VA) LaFalce Rothman question of suspending the rules and pending business is the question of sus- DeFazio LaHood Roybal-Allard passing the Senate bill, S. 2095, as DeGette Lantos Royce pending the rules and agreeing to the Delahunt Lee Rush amended. concurrent resolution, H. Con. 350. DeLauro Levin Sabo The Clerk read the title of the bill. The Clerk read the title of the con- DeLay Lewis (GA) Sanchez The SPEAKER pro tempore. The Dicks Lipinski Sanders current resolution. Dingell LoBiondo Sandlin question is on the motion offered by The SPEAKER pro tempore. The Dixon Lofgren Sanford the gentleman from New Jersey (Mr. question is on the motion offered by Doggett Lowey Sawyer SAXTON) that the House suspend the Dooley Luther Saxton rules and pass the Senate bill, S. 2095, the gentleman from Texas (Mr. AR- Doyle Maloney (CT) Schaefer, Dan CHER) that the House suspend the rules Dreier Maloney (NY) Schaffer, Bob as amended. and agree to the concurrent resolution, Duncan Manton Schumer The question was taken. Edwards Markey Scott H. Con. Res. 350, on which the yeas and RECORDED VOTE Emerson Martinez Sensenbrenner nays are ordered. Engel Mascara Serrano Mr. MILLER of California. Mr. This will be a 5-minute vote. Eshoo Matsui Sherman Speaker, I demand a recorded vote. The vote was taken by electronic de- Etheridge McCarthy (NY) Shimkus A recorded vote was ordered. Evans McDermott Sisisky vice, and there were—yeas 153, nays Everett McGovern Skeen The SPEAKER pro tempore. This 249, not voting 32, as follows: Ewing McHale Skelton will be a 5-minute vote. Farr McHugh Slaughter [Roll No. 522] The vote was taken by electronic de- Fattah McIntyre Smith (MI) vice, and there were—ayes 153, noes 248, YEAS—153 Fazio McKeon Smith (NJ) Filner McKinney Smith, Adam not voting 33, as follows: Aderholt Gekas Morella Forbes McNulty Snyder Archer Gibbons Myrick [Roll No. 523] Ford Meehan Spence Armey Gilchrest Nethercutt Fossella Meek (FL) Stabenow AYES—153 Baker Gillmor Northup Frank (MA) Meeks (NY) Stark Ballenger Gilman Nussle Aderholt Gallegly Peterson (PA) Frost Menendez Stearns Barr Goodlatte Oxley Archer Gekas Pickering Furse Metcalf Stenholm Barrett (NE) Goss Packard Armey Gibbons Pickett Gejdenson Millender- Stokes Bartlett Granger Parker Baker Goodling Pitts Gonzalez McDonald Strickland Barton Greenwood Paxon Ballenger Goss Pombo Goode Miller (CA) Stupak Bass Gutknecht Pickering Barr Granger Pomeroy Goodling Minge Sununu Bateman Hansen Pitts Barrett (NE) Hall (TX) Radanovich Gordon Mink Tanner Bereuter Hastert Porter Bartlett Hansen Redmond Green Moakley Tauscher Bliley Hastings (WA) Portman Barton Hastert Regula Gutierrez Moran (VA) Taylor (MS) Blunt Hayworth Radanovich Bateman Hastings (WA) Riggs Hall (OH) Neal Thompson Bonilla Hefley Ramstad Bilirakis Hayworth Riley Hall (TX) Neumann Thurman Bono Herger Regula Bliley Hefley Rogan Hamilton Ney Tierney Brady (TX) Hill Riggs Blunt Herger Rogers Harman Oberstar Torres Bryant Hilleary Riley Boehner Hill Rohrabacher Hastings (FL) Obey Towns Burr Hobson Rogan Bonilla Hilleary Royce Hilliard Olver Traficant Calvert Hoekstra Rogers Bono Hobson Ryun Hinojosa Ortiz Turner Camp Horn Roukema Brady (TX) Hoekstra Salmon Holden Owens Velazquez Campbell Hulshof Ryun Bryant Houghton Saxton Hooley Pallone Vento Canady Hunter Salmon Bunning Hunter Schaefer, Dan Hostettler Pappas Visclosky Cannon Hutchinson Sessions Burr Hutchinson Schaffer, Bob Houghton Pascrell Walsh Chabot Hyde Shadegg Burton Hyde Sessions Hoyer Pastor Waters Christensen Istook Shaw Buyer Istook Shadegg Jackson (IL) Paul Watt (NC) Coble Jenkins Shays Callahan Jenkins Shaw Jackson-Lee Payne Watts (OK) Coburn Johnson (CT) Shuster Calvert Johnson (CT) Shuster (TX) Pease Weldon (PA) Collins Johnson, Sam Smith (OR) Camp Johnson, Sam Skeen Jefferson Pelosi Wexler Combest Jones Smith (TX) Campbell Kasich Smith (MI) John Peterson (MN) Weygand Cook Kasich Smith, Linda Canady Kim Smith (TX) Johnson (WI) Peterson (PA) Whitfield Cox Kim Snowbarger Cannon King (NY) Smith, Linda Johnson, E. B. Petri Wilson Crane Kingston Solomon Chambliss Kingston Snowbarger Kanjorski Pickett Wise Crapo Klug Souder Chenoweth Knollenberg Solomon Kaptur Pombo Woolsey Cunningham Knollenberg Stump Christensen Kolbe Spence Kelly Pomeroy Wynn Deal Latham Talent Coble Lewis (CA) Stearns Kennedy (MA) Price (NC) Young (FL) Diaz-Balart LaTourette Tauzin Collins Lewis (KY) Stenholm Kennedy (RI) Quinn Dickey Lazio Taylor (NC) Combest Linder Stump Doolittle Leach Thomas Cox Lucas Talent Dunn Lewis (CA) Thornberry NOT VOTING—32 Crane Manzullo Tauzin Ehrlich Lewis (KY) Thune Berman Inglis Norwood Crapo McCrery Taylor (NC) English Linder Tiahrt Borski Kennelly Poshard Cubin McInnis Thomas Ensign Livingston Upton Boucher Kilpatrick Pryce (OH) Deal McKeon Thornberry Fawell Lucas Wamp Castle Lampson Rahall DeLay Metcalf Thune Foley Manzullo Watkins Cooksey Largent Ros-Lehtinen Diaz-Balart Mica Tiahrt Fowler McCrery Weldon (FL) Deutsch McCarthy (MO) Scarborough Dickey Miller (FL) Turner Fox McInnis Weller Ehlers McCollum Skaggs Doolittle Myrick Wamp Franks (NJ) McIntosh White Gephardt McDade Spratt Dreier Nethercutt Watkins Frelinghuysen Mica Wicker Graham Mollohan Waxman Duncan Ney Watts (OK) Gallegly Miller (FL) Wolf Hefner Murtha Yates Dunn Northup Weller Ganske Moran (KS) Young (AK) Hinchey Nadler Emerson Nussle Whitfield Everett Oxley Wicker NAYS—249 Fawell Packard Wilson b Foley Parker Young (AK) Abercrombie Bishop Buyer 1915 Fowler Paxon Young (FL) Ackerman Blagojevich Callahan Allen Blumenauer Capps Messrs. DUNCAN, ROYCE and NOES—248 Andrews Boehlert Cardin SHIMKUS changed their votes from Abercrombie Bentsen Boyd Bachus Boehner Carson ‘‘aye’’ to ‘‘no.’’ Ackerman Bereuter Brady (PA) Baesler Bonior Chambliss Allen Berry Brown (CA) Baldacci Boswell Chenoweth Mr. LAZIO of New York changed his Andrews Bilbray Brown (FL) Barcia Boyd Clay ″ vote from ‘‘no to ‘‘aye.’’ Bachus Bishop Brown (OH) Barrett (WI) Brady (PA) Clayton Baesler Blagojevich Capps Becerra Brown (CA) Clement So (two-thirds not having voted in Baldacci Blumenauer Cardin Bentsen Brown (FL) Clyburn favor thereof), the motion was rejected. Barcia Boehlert Carson Berry Brown (OH) Condit Barrett (WI) Bonior Chabot Bilbray Bunning Conyers The result of the vote was announced Bass Boswell Clay Bilirakis Burton Costello as above recorded. H10640 CONGRESSIONAL RECORD — HOUSE October 12, 1998 Clayton Jackson (IL) Paul PERSONAL EXPLANATION and by a recent margin of nine to one have Clement Jackson-Lee Payne Clyburn (TX) Pease Ms. MCCARTHY of Missouri. Mr. Speaker, made clear that they find the President's con- Coburn Jefferson Pelosi during rollcall votes Nos. 521, 522 and 523 on duct wrong, as do I, but they do not want him Condit John Peterson (MN) impeached. Conyers Johnson (WI) Petri October 12, I was unavoidably detained. Had Cook Johnson, E. B. Porter I been present, I would have voted as follows: Many favor alternative remedies: censure, Costello Jones Portman on rollcall No. 521, ``yea''; on rollcall No. 522, rebuke or criminal or civil prosecution. All feel Coyne Kanjorski Price (NC) ``nay''; and on rollcall No. 523, ``nay.'' that a prolonged inquiry risks distracting the Cramer Kaptur Quinn nation at a time of serious economic and inter- Cummings Kelly Ramstad f Cunningham Kennedy (MA) Rangel national instability. Danner Kennedy (RI) Reyes FAREWELL ADDRESS But, as so often happens in the House, we Davis (FL) Kildee Rivers were confronted with imperfect legislative Davis (IL) Kind (WI) Rodriguez (Ms. HARMAN asked and was given Davis (VA) Kleczka Roemer permission to address the House for 1 choices. With reservations, I cast my vote for DeFazio Klink Rothman minute and to revise and extend her re- an inquiry of impeachment limited in time and DeGette Kucinich Roukema marks.) scope so that Congress can fulfill its obliga- Delahunt LaFalce Roybal-Allard tions under the Independent Counsel law and DeLauro LaHood Rush Ms. HARMAN. Mr. Speaker, I regret Dicks Lantos Sabo that my final hours in the House are the Constitution, consider alternative sanc- Dingell Latham Sanchez not among its finest hours. tions, and conclude its review by year's end. Dixon LaTourette Sanders This, I believe, was the more appropriate Doggett Lazio Sandlin My dream of public service began in Dooley Leach Sanford 1960, when, as a high school student, I course for the House to take than an open- Doyle Lee Sawyer witnessed the nomination of John F. ended, wide-ranging inquiry as proposed by Edwards Levin Schumer the Judiciary Committee majority. Ehrlich Lewis (GA) Scott kennedy for President of the United Engel Lipinski Sensenbrenner States. Congress is the only public of- Regrettably, the vote was essentially par- English Livingston Serrano fice I have ever held. My record reflects tisan, and the atmosphere dramatically dif- Ensign LoBiondo Shays many attempts to generate and em- ferent from Congress' 1974 impeachment in- Eshoo Lofgren Sherman quiry concerning President Nixon. At the time, Etheridge Lowey Shimkus brace bipartisan solutions. My biparti- Evans Luther Sisisky san district has applauded these efforts I served as chief counsel of a Senate Judici- Ewing Maloney (CT) Skelton like last year’s balanced budget agree- ary Subcommittee, and vividly recall a process Farr Maloney (NY) Slaughter which, at an early stage, generated wide- Fattah Manton Smith (NJ) ment. But it also shares my dismay at Fazio Markey Smith (OR) the tenure of our floor debate last week spread acceptance and an orderly transition of Filner Martinez Smith, Adam on whether to begin an inquiry of im- power. Forbes Mascara Snyder It saddens me greatly that I end my service Ford Matsui Souder peachment of the President. Fossella McCarthy (NY) Stabenow The floor debate had more the feeling in Congress as a participant in a process that Fox McDermott Stark of a rally than a sober exercise of one hurts this institution, the office of the presi- Frank (MA) McGovern Stokes of Congress’s most awesome respon- dency and, most important, the American peo- Franks (NJ) McHale Strickland ple. Frelinghuysen McHugh Stupak sibilities under the Constitution. In- Frost McIntosh Sununu deed, it seemed to me that many Mem- I've said in other forums that not only is the Furse McIntyre Tanner bers in the Chamber were gleeful and President on trialÐso is Congress. Unless we Ganske McKinney Tauscher show the nation we can trust and respect Gejdenson McNulty Taylor (MS) that the exercise was payback for some Gilchrest Meehan Thompson earlier slight, whether from the Presi- each other, the nation will not trust and re- Gillmor Meek (FL) Thurman dent or someone else. spect the result of our inquiry. Gilman Meeks (NY) Tierney Mr. Speaker, thousands of my con- Mr. Speaker, nearly six years ago, I stood in Gonzalez Menendez Torres Goode Millender- Towns stituents have contacted me in the this well with other members of the newly- Goodlatte McDonald Traficant past 2 months and by a recent count of elected 103rd Congress to take the oath of of- Gordon Miller (CA) Upton 9 to 1 have made clear they find the fice from Speaker Tom Foley. As all who have Green Minge Velazquez shared that exhilarating experience, it opened Greenwood Mink Vento President’s conduct wrong, as I do, but Gutierrez Moakley Visclosky they do not want him impeached. an important and wonderful chapter in my Gutknecht Moran (KS) Walsh Mr. Speaker, I have said in other fo- lifeÐa chapter which I will soon bring to a Hall (OH) Moran (VA) Waters rums that not only is the President on close. Hamilton Morella Watt (NC) Harman Neal Weldon (FL) trial, so is Congress. Unless we show January 1993, opened auspiciously for the Hastings (FL) Neumann Weldon (PA) the Nation we can trust and respect nation. A new Congress and new President Hilliard Oberstar Wexler each other, the Nation will not trust had been elected and a new approach to gov- Hinchey Obey Weygand Hinojosa Olver White and respect the result of our inquiry. erningÐto addressing important economic and Holden Ortiz Wise I regret that my final hours in the House are fiscal issuesÐwas blossoming. History, of Hooley Owens Wolf not among its finest hours. course, will evaluate whether we have acquit- Horn Pallone Woolsey My dream of public service began in 1960 ted ourselves well in the six years since. To Hostettler Pappas Wynn Hoyer Pascrell when, as a high school usher, I witnessed the be sure, Congress and the President made Hulshof Pastor nomination of John F. Kennedy for president significant gains in some policy areas, particu- NOT VOTING—33 of the United States. larly in working to achieve the first balanced Congress is the only public office I've ever budget in a generation. In other critical policy Becerra Inglis Nadler Berman Kennelly Norwood held, and my record reflects many attempts to areas, nothing was done. And, regrettably, in Borski Kilpatrick Poshard generate and embrace bipartisan solutions. some areas, efforts to roll back significant Boucher Klug Pryce (OH) My bipartisan district has applauded those gains, particularly for women, have gathered Castle Lampson Rahall momentum. Cooksey Largent Ros-Lehtinen efforts, like last year's balanced budget agree- Deutsch McCarthy (MO) Scarborough ment. But, it also shares my dismay at the Having campaigned on a platform of ``pro- Ehlers McCollum Skaggs tenor of our floor debate last week on whether choice, pro change,'' I came to the nation's Gephardt McDade Spratt to begin an inquiry of impeachment of the capital with strong views, experience in both Graham Mollohan Waxman Hefner Murtha Yates President. the public and private sectors, and a deter- The floor debate had more of the feeling of mination to ``represent'' the needs of my a rally than the sober exercise of one of Con- newly-created defense-dependent district. Dur- b 1925 gress' most awesome responsibilities under ing my campaign I said I would seek a seat Mr. FOX of Pennsylvania and Mr. the Constitution. Indeed, it seemed to me that on the House Armed Services Committee, a HULSHOF changed their vote from many members in the chamber were gleeful, request for which I received the strong support ‘‘aye’’ to ‘‘no.’’ and that the exercise was pay-back for some of my dear friend Les Aspin, the Committee's So (two-thirds not having voted in earlier slight, whether from the President or then-chairman and soon-to-be Secretary of favor thereof), the motion was rejected. someone else. Defense. Later, with the help of Democratic The result of the vote was announced Mr. Speaker, thousands of my constituents Leader RICHARD GEPHARDT, I was able to real- as above recorded. have contacted me in the past two months, ize another goal: to serve on the Permanent October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10641 Select Committee on Intelligence, a commit- Transit Bus (ATTB). And, of course, the West- and challenging to implement. I believe more tee, again, with relevance to my district's inter- ern Regional Law Enforcement and Tech- focus is needed on the long-term con- ests. nology Center, sited at my request in El sequences of some of the policy and budget I call California's 36th District the ``aero- Segundo, identifies technologies that can be, proposals considered by Congress. The two- space capital of the world.'' In 1993, it was and have been, applied by law enforcement year election cycle in the House and the an- suffering from deep cuts in defense spending agencies nationwide to solving crimes. nual appropriations cycle discourage forward as a result of the end of the cold war. Unem- Technological advances associated with de- thinking, with serious downside consequences. ployment was in double digits, particularly fense satellites have also found commercial I believe the urge among some of my among skilled professionals, as defense firms applications. TRW has designed and launched House colleagues to re-segregate by gender cut back jobs and programs. The patriots who a number of NASA satellites that have helped basic training in the military is particularly won the cold war were themselves out in the map our globe, discover valuable resources, short-sighted, as it is unwarranted. Not only do cold. anticipate climatic changes, identify weather such proposals victimize women and us an Helping to rebuild the local and regional patterns, and improve our communication ca- opportunity to use our full potential to serve economy was the greatest challenge I faced pabilities worldwide. our country in the Armed Forces, they also as the new representative. Given the stagger- Commercialization was augmented by poli- jeopardize military readiness by micromanag- ing size of the federal deficit and urgent calls cies that capitalized on the South Bay's posi- ing decision about training which should prop- for spending on education, technology, health tion as a gateway to the economies of the Pa- erly be made by the military services. In my care and the environment, it was clear that we cific Rim and Southern Hemisphere. Trade is view, what is driving the debate in Congress would not restore defense spending to the lev- responsible for an estimated 6.3% of the LA is not an appreciation for future readiness els experienced during the height of the cold basin's economy, compared to half that level needs, but an outdated paternalism. war. in 1980. And, according to a recent study by In fact, one of the disappointments during Instead, we needed a two-prong strategy: the US Department of Commerce, the region my tenure in Congress has been the increas- first, to support core research and develop- experienced a 22.1% growth in exports be- ingly successful efforts to roll back Constitu- ment and procurement priorities that would tween 1993 and 1996. In 1996 alone, the LA- tionally-protected rights, particularly reproduc- win the next war, and second, to help aero- Long Beach metropolitan region exported tive rights. space companies diversify into growing com- $24.4 billion in merchandise. Exports to Can- Nineteen-ninety-three has been dubbed the mercial sectors like advanced transportation, ada grew by 39% and to Mexico by 36%. ``year of the woman'' following the 1992 elec- communications, green technologies, and In the 36th Congressional District, the per- tions, and the 103rd Congress passed a num- medical research. centage of annual trade-related growth is high ber of significant measures affecting women Many of the cutting-edge technologies were and many thousands of jobsÐincluding thou- and families. The first bill signed into law by then, as now, developed in the 36th District. sands of union jobsÐare associated with both President Clinton was the Family and Medical And, key to retaining this activity was our suc- the manufacturing of goods for export and the Leave Act. I cosponsored it, voted for it, and cessful effort to keep the Los Angeles Air movement of goods through the Port of LA, was thrilled to be part of that landmark event. We also reversed a number of bans on Force Base and its Space and Missile Sys- Los Angeles International Airport and the funding for abortions, particularly for indigent tems Center headquartered in the South Bay. nearby Port of Long Beach. women who previously had been denied their SMC spends over $5 billion a year to play and The prospect for increased growth with our Constitutional right to choose because of their procure space systems for the Air Force and Asian trading partners remain positive and inability to pay. coordinates much of the defense R&D done South and Central America are expected to The 104th and 105th Congresses have, in by local firms. become an increasingly important part of the contrast, been the most anti-choice Con- In addition, I am proud to have been an ad- burgeoning world trade picture. Los Angeles is gresses since the Supreme Court's 1972 Roe vocate of weapons programs that meet our making significant capital investments in its versus Wade decision. In the last four years, nation's future defense requirementsÐpro- port infrastructure, including the Alameda Cor- Congress has taken 98 votes on choice-relat- grams like the C±17 heavy airlift cargo plane, ridor, in order to meet future demand growthÐ ed issues. Abortion opponents have won 82 of the B±2 stealth bomber, the FA±18 E/F, the investments I helped secure in partnership themÐ84 percent. Hopefully, the trend will MILSTAR satellite, and others which en- with local, state and the federal governments. soon be reversed. hanced our armed forces' warfighting capabil- Given the importance of trade to the local The other major disappointment during my ity. South Bay and LA economies, it was only nat- tenure has been the deteriorating tone of de- We also recognized that diversification of ural for my constituents to expect a strong ad- bate in the House and the increased partisan- the industrial base was essential to coping vocate in Washington. I have tried to be that ship that characterizes consideration of nearly with the vicissitudes of the budget cycles, and advocate. I voted for GATT, voted twice to every issue. Last year's balanced budget bill assuring that human and plant resources continue most-favored-nation trade status for was an exceptionÐbut an increasingly rare would be there should we need to convert to the People's Republic of China, and voted for exception. defense use again. innumerable trade and tax law changes and Our last major debate on one of the The recent economic turnabout suggests we other policies that enhance our competitive House's few enumerated responsibilities under made the right decisions. position in the world. More recently, over the the ConstitutionÐinitiating an impeachment in- We helped commercialize defense tech- understandable concerns of some of my con- quiry of the presidentÐwas particularly sad- nologies through programs like the Tech- stituents, I voted for the measure granting the dening. Sitting on the House floor for the en- nology Reinvestment ProgramÐTRP. In fact, President fast track consideration of trade tire proceeding, the sense of gleefulness I the first TRP grant was awarded to a Torrance agreements he negotiates with our foreign sensed from some of my colleagues was firm named Hi-Shear Technology, which used trading partners. particuarly misplaced. rocket technology to power a miniaturized Unemployment in the South Bay is now 5.3 I fear that Congress' ability to address the ``jaws of life.'' That product would later be percent and declining. The number of jobs is major issues of the nation is in serious de- used to rescue individuals trapped in the de- expected to continue to grow, showing a 17% cline. Rather than seeking accommodation be- bris of the Oklahoma City federal building increase between 1993, when the worst of the tween legitimate yet differing views and bombing. aerospace industry's downsizing hit the area, ideologies, some in this institutionÐstill a mi- Developing such ``dual use'' technologies and 2005. norityÐhave sought to drive even greater not only revolutionized the local economy, but Thus, I am most proud of my role in helping wedges between peopleÐwedges to the det- also brought to the marketplace advances that diversify and commercialize defense tech- riment of the nation and this institution. Par- have benefitted the nation as a whole. Direct nologies, which has offset the loss of jobs in tisanship has replaced policy as the focus of satellite television, for example, was spawned the defense sector. attention. by defense contractors like Hughes, one of my My memberships on the House National Se- In combination with this Congress' failure to corporate constituents in El Segundo. Another curity Committee and the Select Permanent fix a broken campaign finance system, good constituent, Allied Signal, has utilized defense Committee on Intelligence also afforded me and decent people will be discouraged from technologies to develop and manufacture opportunities to shape defense policies in an- running for office, especially if future Con- ultra-low emission, low-cost electrical genera- ticipation of our nation's security requirements gress' are believed to be as unproductive as tors. for the 21st century. My focus on defense re- this one. Northrop Grumman has developed the light- form initiatives and the revolution in military af- Lack of program also wastes the dedication weight, fuel efficient Advanced Technology fairs has been both interesting intellectually and hard work of so many Members and staff H10642 CONGRESSIONAL RECORD — HOUSE October 12, 1998 who currently serve. Indeed, the House is an mittee on International Relations he We have all been made aware over institution that works best because of the per- will aggressively press this. The time the last several months, really over the sonal relationship it is built on. And, I have has long come to pay this bill. last year, about how serious of a prob- been blessed because of the many friends I In 1993 the Saudis promised Secretary lem American agriculture faces as our have made hereÐfriends from both sides of Aspen that they would ``spare no efforts in re- farmers, because of significant reduc- the aisle. solving these additional claims in a fair and tions in commodity prices, but also be- Mr. Speaker, my favorite rhetorical question expeditious manner.'' Many here in Congress cause of weather and disease, have is to ask why a middle-aged mother of four have worked hard to get the Saudis to make fared so poorly in 1998. would run for Congress. My answer: to add good on their promise. As Chairman of the Mr. Speaker, I hope that in these something. Subcommittee on International Operations and final days of this session, as we try to During my six years, I believe I have added Human Rights, I have raised the issue of un- find the solutions to our problems and something. To be sure, I would have liked to paid bills to every appropriate member of the reach the compromises that we desire accomplish more and to have generated more Clinton Administration at the State Department and that are reasonably acceptable to a bipartisanship. I often say that life has many and DOD. I've spoken with our Ambassador in majority of Members of Congress, we chapters and, as one closes, another opensÐ Saudi Arabia, Wyche Fowler. And my col- do not lose sight of the crisis that sometimes unexpectedly, even leagues and I have pushed this issue directly American farmers and ranchers face. serendipitously. with Saudi officials, including Saudi Ambas- Mr. Speaker, I hope that before we I want to thank all my colleagues who have sador Prince Bandar. return home and the final gavel of this made my tenure here exciting and rewarding. Yet, the bill still goes unpaid. session reaches the desktop, that we From the two speakers under whom I've I hope that will be enough. It is time the make certain that the disaster relief bill, at least a version of what we have served, Tom Foley and NEWT GINGRICH, to my Saudis get the message, not just from Con- many colleagues past and present on the gress, but from the Clinton Administration as previously passed by this House and the Senate, although vetoed by the committees on which I've served, to those I well, We will not sit idle as the Saudi govern- President, I hope that we get disaster have met through the variety of ad hoc cau- ment tries to cheat an American company for relief passed and included in that final cuses and coalitions that arise during the a job well done. course of governingÐthank you all. To my su- appropriation bill. f In addition, Mr. Speaker, we have perb staff, you demonstrate everyday what passed legislation which helps open public service is all about. To my family and FURTHER MESSAGE FROM THE markets around the world. The Agri- especially my husband, Sidney, you are, in SENATE cultural Trade Embargo Act, offered by every way, the wind beneath my wings. A further message from the Senate the gentleman from Illinois (Mr. Serving here has been a labor of love. And by Mr. Lundregan, one of its clerks, an- EWING), has passed this House. As I I thank the citizens of California's 36th Con- nounced that the Senate had passed talked to the farmers across my dis- gressional District for the extraordinary oppor- with an amendment in which the con- trict, it is clear they understand the tunity to represent you. currence of the House is requested, a importance of exports, exports, ex- f bill of the House of the following title: ports, and trade, trade, trade. SAUDI GOVERNMENT ATTEMPTING H.R. 2204. An act to authorize appropria- When my farmers and ranchers hear TO CHEAT AMERICAN COMPANY tions for fiscal years 1998 and 1999 for the that 52 percent of the people in this FOR JOB WELL DONE Coast Guard, and for other purposes. world live in countries that we cannot The message also announced that the sell to, that they cannot sell to, they (Mr. SMITH of New Jersey asked and Senate has passed a bill of the follow- know that Congress and the President was given permission to address the ing title in which concurrence of the have failed in their responsibilities. House for 1 minute and to revise and House is requested: Under the current farm bill, we have extend his remarks.) told American agriculture to farm the Mr. SMITH of New Jersey. Mr. S. 2364. An act to reauthorize and make re- markets. We have told American agri- Speaker, 14 years after the successful forms to programs authorized by the Public Works and Economic Development Act of culture to go out and find the countries completion of the Yanuba Power and 1965 and the Appalachian Regional Develop- to sell to, and to sell the commodities Desalination plant in Saudi Arabia, ment Act of 1965.’’ that the world demands. Yet, this Con- New Jersey-based Hill International is f gress and this administration have still fighting for payment for the work failed to open those markets and make done by its former subsidiary Gibbs SPECIAL ORDERS them available to the farmers and and Hill. The SPEAKER pro tempore (Mr. ranchers across this country. As many of my colleagues know, his- BLUNT). Under the Speaker’s an- So I encourage the inclusion of sig- torically, U.S. firms have had dif- nounced policy of January 7, 1997, and nificant changes in the law that pro- ficulty collecting payment from the under a previous order of the House, hibit future embargoes and sanctions, Saudi government for work done in the following Members will be recog- and also that repeal the embargoes and Saudi Arabia. nized for 5 minutes each. sanctions that are currently on the It got so bad that, in 1993, Congress f books, where appropriate. ordered the Department of Defense to I hope that we take care of disaster investigate the claims and report on all b 1930 relief, I hope we do something for trade outstanding billings. Of all the claims URGING CONGRESS TO COMPLETE sanctions and embargoes, and in addi- identified by former Secretary of De- tion, I hope that we do not leave the LEGISLATION ON DISASTER RE- fense Les Aspin, only one, the Gibbs issue of taxes and the farmer and LIEF, TRADE POLICIES, AND TAX and Hill claim, remains unpaid. rancher and small businessman and ASSISTANCE FOR FARMERS AND Mr. Speaker, nobody in Saudi Arabia woman and oil producer unattended be- RANCHERS BEFORE CONCLUDING claims that the work done by Gibbs fore we conclude this session. Clearly SESSION and Hill was inadequate nor was it in- we need help when it comes to the tax complete. In fact, the Saudi govern- The SPEAKER pro tempore (Mr. burdens faced by our farmers and ment points with pride to the plant. BLUNT). Under a previous order of the ranchers. They just do not want to pay for it. House, the gentleman from Kansas (Mr. So again, disaster assistance, trade Mr. Speaker, both the House and the MORAN) is recognized for 5 minutes. embargoes, and tax relief are impor- Senate have passed my legislation re- Mr. MORAN of Kansas. Mr. Speaker, tant. Finally, I would encourage, once quiring the Department of State, Com- I rise tonight as we are hopefully con- again, the administration to use the merce, and Defense to aggressively pur- cluding this legislative congressional export enhancement program. For al- sue a resolution with the Saudi govern- session in hopes that before we return most 2 years now, I have begged, plead- ment and report back to Congress. Re- to our respective districts at home, ed, encouraged, demanded, insisted, recently, Secretary of State for Near that we make certain that certain quested, without any success, that this Eastern Affairs, Ambassador Martin business before this Congress is con- administration utilize the Export En- Indyk, assured me and the full Com- cluded. hancement Program that, at least in October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10643 the appropriation bill as passed by the essence, will be given to the local Some of us last week on the House House and Senate, was increased from school districts so they would find it side, some of the Democrats on the $150 million to $550 million. easier to bond to upgrade and modern- House side, marched over to the Senate What clearer message could we send ize their schools. on the day when the Senate minority to this administration about the im- In addition to that, the President’s leader, Mr. DASCHLE, tried to bring up portance of the Export Enhancement initiative to hire 100,000 additional the Patients’ Bill of Rights. He brought Program than to increase its funding teachers in order to reduce class size in it up and there was a vote. Unfortu- so significantly. Yet, nothing seems to the formative years from grades 1 nately, there was no opportunity. The happen in regard to the use of the Ex- through 3 is another initiative that the opportunity to bring it up was defeated port Enhancement Program for the Republicans, the Republican leader- on the floor. commodities that many farmers and ship, has ignored, has refused to bring But I think it is a shame, because we ranchers care about. to the floor of the House, has really re- know, and I am sure every one of us Again, Mr. Speaker, I hope that be- fused to even consider in committee, at knows, that when we go around the fore we conclude this session, before hearings, or at markups. country and when we talk to our con- those of us who are anxious to return We know, in fact a number of re- stituents, probably the number one home are allowed to return home, and search studies have come out, impor- issue that they are concerned about is before we can feel good about returning tant ones over the last year, that have the need for reform of managed care. home, we will be able to say that we indicated very strongly that if we take So many people have not had oper- have taken good care of the stewards of children at a young age, even younger ations or procedures that they think this land, and we have provided the as- than grade one, even in preschool, and are necessary; have been told that they sistance required and necessary of the give them a lot of attention, and man- have to leave the hospital sooner than farmers and ranchers of Kansas and the age to have teachers devote the time, if their physician tells them that they other States in this country. you will, on a regular basis through di- should. The fact of the matter is that f minished class sizes, that the result all the Democrats are really asking for will bear fruit; that we will have in the Patients’ Bill of Rights legisla- EXCHANGE OF SPECIAL ORDER smarter children and we will also have tion is a commonsense approach. That TIME a safer atmosphere, because with a should be heeded. That should be heed- Mr. PALLONE. Mr. Speaker, I ask smaller class size it is a lot easier, I ed by the House Republican leadership. unanimous consent to claim the Spe- would say, to manage the children and f cial Order time of the gentlewoman manage the school. from California (Mrs. TAUSCHER). What we are doing here is trying to, EXCHANGE OF SPECIAL ORDER The SPEAKER pro tempore. Is there in many ways, model this program to TIME objection to the request of the gen- reduce class size and hire 100,000 addi- Mr. BOB SCHAFFER of Colorado. tleman from New Jersey? tional teachers very much on the Mr. Speaker, I ask unanimous consent There was no objection. President’s COPS grant program that that I be able to claim the time in Spe- f was passed a few years ago, and that cial Orders of the gentleman from Cali- has resulted in many additional police- fornia (Mr. RIGGS). CONGRESS SHOULD ADDRESS THE men being hired in communities The SPEAKER pro tempore. Is there EDUCATION INITIATIVE OF THE around the country, and has actually objection to the request of the gen- PRESIDENT BEFORE ADJOURN- brought the crime rate down in most of tleman from Colorado? ING these jurisdictions. There was no objection. The SPEAKER pro tempore. Under a All we are really saying, Mr. Speak- f previous order of the House, the gen- er, is that the time has come now, and tleman from New Jersey (Mr. PALLONE) I know that I do not have to keep re- WHO GETS THE CREDIT FOR THE is recognized for 5 minutes. peating over and over again that the BUDGET SURPLUS? Mr. PALLONE. Mr. Speaker, once Republican leadership basically wasted The SPEAKER pro tempore. Under a again today the House was forced to a lot of time this year refusing to ad- previous order of the House, the gen- pass a continuing resolution because of dress education, refusing to address tleman from Colorado (Mr. Bob Schaf- the fact that the Republican leadership HMO reform, refusing to address the fer) is recognized for 5 minutes. has not gotten the job done this year in need to deal with social security, be- Mr. BOB SCHAFFER of Colorado. terms of the budget and a number of cause we know that the money is not Mr. Speaker, last week the Treasury other issues that we as Democrats feel all going to be there in a few years un- Department announced that the Fed- should be raised or should have been less we do something. eral budget is in surplus for the first raised, certainly, over the last 2 years, So we are not going to be able to ad- time since 1969. Only 2 short years ago and should have had full debate, but dress all of these issues in the last few the President had submitted a budget certainly should be addressed in some days, but at least let us take the oppor- with $200 billion deficits as far as the fashion before we adjourn. tunity to do something to invest in eye can see, as many will recall. Most important on that list is the education, because when I go back to What happened? There are a lot of education initiative. This is the initia- my district, and I was there over the Americans who do not care much who tive that President Clinton announced weekend again, back in New Jersey, a gets the credit for the current fine in his State of the Union address last lot of the people, a lot of the constitu- state of our economy, and then tend to year when he talked about the need on ents that I speak to, and certainly edu- take the President at his word when he the local level to provide money for cators, say to me that if we do not takes the credit for the budget surplus school modernization. start a Federal partnership, if the Fed- we have at least achieved. The fact of the matter is that across eral Government does not start to play But it is important to understand this country there are schools, and in an increased role in education, then how we got here so that we may con- fact, almost every school district has the funding is not going to be there and tinue on the path of sound economic the need to upgrade their school build- the opportunities are not going to be policy in the future. When the country ings, either because they have to build there for young Americans in the fu- was faced with large, chronic deficits additional buildings, or because of up- ture. This is our future. This is what is at the beginning of the 1990s, Congress grades necessary just for simple things so important for our country. faced a choice. To cut the deficit, law- like computers or new high technology I just wanted to say, in addition to makers essentially had two choices, that require new wiring in the school that, that I have been very dis- cut spending or raise taxes. building. appointed with the fact that we are President Clinton and his liberal al- Every school district around the about to end this session and have not lies in Congress naturally chose to country could benefit in some way addressed the major health care issue raise taxes. Congress at the time was from the initiative that President Clin- of the day. That is the need for HMO still under the control of the Democrat ton announced whereby tax credits, in reform. party, and so President Clinton was H10644 CONGRESSIONAL RECORD — HOUSE October 12, 1998 able to pass the largest tax increase in son why the budget is now in surplus, More in Robert Bolt’s excellent play, ‘A Man American history. Republicans, on the when it was deep in red only a few for All Seasons’: The laws of this country are other hand, wanted to reduce the defi- years ago. the great barriers that protect the citizens cit by cutting spending. I would invite any of my Democrat from the winds of evil tyranny. If we permit one of those laws to fall, who will be able to Republicans believe that government colleagues who dispute these findings stand in the gusts that will follow? is too big; in fact, way too big. They to come forward and show me other- believe that Washington wastes too wise. Perhaps the liberals have access This was, as Mr. Shippers indicated, much of the taxpayers’ money. One to another set of government docu- a paraphrase. But I suggest, Mr. Speak- would think that this is an obvious ments with a different set of statistics, er, it was a lot more than that. It takes point. After all, even the President but if they use the same Treasury fig- Robert Bolt’s words, it takes the life of himself said, in his 1996 State of the ures that I do, they will have to admit Sir Thomas More as recounted in the Union address, that the era of big gov- that the Reagan tax cuts and the Re- play, ‘‘A Man for All Seasons’’ and ernment is over. If only that were true. publican tax cuts are the most signifi- turns it upside down. We can see now that this declaration cant reason behind our current eco- Mr. Speaker, as one of the Members was nothing more than words. Big gov- nomic boom. who has cited a ‘‘A Man for All Sea- ernment is alive and well; in fact, big- With all due credit to Alan Green- sons’’ and Sir Thomas More’s life in my ger than ever. In fact, the Democrats span, chairman of the Federal Reserve, own remarks on this floor previously, I have come back with still more ways for his outstanding stewardship of would like to actually read for the to increase the size and power of the monetary policy, we should mostly RECORD what was said by Sir Thomas government every year since. thank President Reagan for turning More as conceived by Robert Bolt. While we can say that government is around an economy that was in the He describes More’s son-in-law as not quite as big as it would be if the ditch. We are still benefiting from his William Roper, as follows: William Republicans had not taken control of decision to make the United States a Roper, a stiff body and an immobile Congress in 1995, the truth is that gov- low-tax, low-regulation economy, and face with little imagination and mod- ernment continues to grow. Any at- thus able to compete in the world bet- erate brain, but an all too consuming tempts to cut government, no matter ter than any other. rectitude, which is his cross, his solace, how wasteful and counterproductive and his hobby. b the program, the liberals will imme- 1945 That may very well apply to some of diately attack them as extremist or The Republicans forced President the individuals who are taking and mean-spirited. Clinton to renounce his own budget twisting Bolt’s words, particularly as It has never occurred to them that it with $200 billion deficits as far as the paraphrased by Mr. Shippers. is perhaps mean-spirited on the part of eye can see. We are grateful that he at What actually takes place is More, in politicians to have so little respect for least accepted the need for the govern- discussion with his daughter and with the working man’s labor that Washing- ment to balance the budget and put its his wife and with his son-in-law, con- ton takes between one-fourth and one- financial house in order. cerning the law. The daughter says at third of the middle class family’s pay- We would like to encourage him to one point to him, ‘‘Father, that man is check just to pay off Uncle Sam. continue on this path. Especially if he bad,’’ referring to another individual. So that leaves us with the question, accepts the view that Washington can Sir Thomas More said, ‘‘There is no how did we go from $200 billion deficits still afford to cut spending, cut taxes, law against that.’’ The reply from Mr. as far as the eye can see only 21⁄2 years and make good on its promise that the Roper is ‘‘There is, God’s law.’’ More ago to the budget surplus we now end of big government is over. says, ‘‘Then God can arrest him.’’ enjoy. It is true that there have been The SPEAKER pro tempore (Mr. Thinking that perhaps More is trying some reductions in spending, but al- BLUNT). Under a previous order of the to set himself up above God’s law with most all of them have come out of one House, the gentlewoman from Califor- man’s law, he remonstrates with More. place that it should not have come out nia (Ms. PELOSI) is recognized for 5 And More says, ‘‘Let me draw your at- of, the Pentagon. minutes. tention to a fact. I’m not God. The cur- Defense spending is now dangerously (Ms. PELOSI addressed the House. rents and eddies of right and wrong, low, and our military forces are not Her remarks will appear hereafter in which you find such plain sailing, I what they used to be, but liberals, in the Extensions of Remarks.) can’t navigate. I’m no voyager. But in their boundless faith in human nature, f the thickets of the law, oh, there I’m a ignore history and simply do not be- forester. I doubt if there’s a man alive lieve in the fundamental precept of ORDER OF BUSINESS who could follow me there, thank peace through strength. Mr. ABERCROMBIE. Mr. Speaker, I God.’’ His daughter says to him, As for other spending, Republicans ask unanimous consent to use the time ‘‘While you talk, he’s gone,’’ referring did manage to limit the number of new of the gentlewoman from California to the evil man to whom she had first spending initiatives by President Clin- (Ms. PELOSI) out of order. referred. ton and the Democrats over the past The SPEAKER pro tempore (Mr. More says, ‘‘And go he should, if he few years. But the primary reason why BLUNT). Is there objection to the re- was the Devil himself, until he broke the budget is in surplus today is be- quest of the gentleman from Hawaii? the law.’’ His son-in-law says, ‘‘So now cause revenues are way, way up. There was no objection. you’d give the Devil benefit of law.’’ Liberals will point to the President’s f And More said, ‘‘Yes. What would you 1993 tax increase as the reason reve- do? Cut a great road through the law to nues are up, hoping that we will not ex- WORDS OF SIR THOMAS MORE get after the Devil?’’ Roper said, ‘‘I amine the budget tables to see if in SHED LIGHT ON CURRENT DI- would cut down every law in England fact it is true. Revenues are up pri- LEMMAS to do that.’’ And More said, ‘‘Oh? And marily from the number of people who The SPEAKER pro tempore. Under a when the last law was down, and the are taking advantage of low tax rates previous order of the House, the gen- Devil turned round on you, where you on capital gains, the part of the econ- tleman from Hawaii (Mr. ABERCROMBIE) would you hide, Roper, the laws all omy that is the lifeblood of a dynamic, is recognized for 5 minutes. being flat? This country’s planted growing economy. Mr. ABERCROMBIE. Mr. Speaker, at thick with laws from coast to coast— President Reagan cut the tax on cap- the conclusion of the hearing held in man’s laws, not God’s—and if you cut ital gains and the Republicans cut it the Committee on the Judiciary with them down—and you’re just the man to again just last year. Savers, investors, respect to impeachment, a few words do it—do you really think you could entrepreneurs, and other job creators were uttered by Mr. Shippers. He said, stand upright in the winds that would have taken advantage of that. The I’m no longer speaking as Chief Investiga- blow then? Yes, I’d give the Devil bene- economy is benefiting from jobs. Jobs tive Counsel, but rather as a citizen of the fit of law, for my own safety’s sake.’’ are being created and revenues have United States who happens to be a father and I suggest to Mr. Shippers what is at soared. That has been the primary rea- a grandfather. To paraphrase Sir Thomas stake here is our law as embodied in October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10645 the Constitution. The President, all of number of the work force. I asked, people that are the beneficiaries of this us, are fully entitled to the protection ‘‘How many here have children under Republican-led productive Congress. of that Constitution. It is not the 17 years old?’’ And about half of them f President, it is not those on the Demo- raised their hands. And I said, ‘‘Do you EDUCATION cratic side of the aisle in the Commit- believe that you as parents can make a tee on the Judiciary deliberations that better decision as to how to spend The SPEAKER pro tempore. Under a are trying to cut down the law. They money on those children than 535 Mem- previous order of the House, the gentle- are trying to protect the law. They are bers of Congress 820 miles from here?’’ woman from North Carolina (Mrs. trying to see that the law is imple- And they all said yes. CLAYTON) is recognized for 5 minutes. mented the way it was written, and it Then I said, ‘‘For those of you who Mrs. CLAYTON. Mr. Speaker, in time, the was written to protect all of us. raised your hands, for every child you American people will grade this Congress on If we allow Mr. Shippers, or anyone have, this year you will pay $400 less in its performance toward improving education. like him, to cut down the protection of income taxes and next year $500 less in Teachers, parents and even students will ex- law, then how will we be protected in income taxes.’’ And they looked at amine what this Congress has or has not turn? Yes, it is more than just the each other and I said, ‘‘Sir, how many done to make our educational systems better. President’s right to the rule of law children do you have?’’ And he said, ‘‘I Sadly, I must report that, as of tonight, this being at stake here. What is at stake is have 4.’’ I said, ‘‘Next year you will pay Congress is failing. whether or not we will, in turn, defend $2,000 less in income tax,’’ and the Why is this Congress failing, you might ask? those laws. Because in doing so, we de- place started to cheer. This Congress is failing because we have fend ourselves. I asked, ‘‘How many here have kids done nothing to decrease class sizes or to re- So, I recommend, Mr. Speaker, to in the first 2 years of college?’’ Several pair deteriorating school buildings. you and all who are interested, that we people raised their hands. I said, Schools across the Nation are struggling be- take up Sir Thomas More’s cross, the ‘‘Would you not be better off spending cause student enrollments are dramatically in- one he bore, the one which he paid his your money on your kids’ college tui- creasing. Evidence shows that there is a direct life for. And that was that we obey the tion as opposed to paying income tax?’’ correlation between class size and learning law in such a way as not to lose our They said yes. And I said, ‘‘That is ex- ability. Students in smaller classes, especially sense of humanity in the process. actly what this Republican Congress in early grades, make greater educational Mr. Speaker, I commend to you, and has done. They are called Hope scholar- gains, and maintain those gains over time. I commend to all, Mr. Bolt’s ‘‘A man ships. Up to $1,500 per year for the first Smaller classes are most advantageous for for All Seasons.’’ I commend to Mr. 2 years that you can use towards your poor, minority, and rural community children. Shippers and his defenders that they kid’s college education as opposed to However, all children will benefit from smaller not twist the words, but bring them paying taxes.’’ classes. In addition, the greatest impact on into the reality that reflects the best That really is the Republican mes- learning will only occur if the new teachers that is in America and the best that is sage. A productive Congress is a Con- brought into the classroom are qualified teach- in our Constitution, and that is the gress that does things for people, not ers. protection of one and all. for itself. Do my colleagues think it is In these final days, Congress still has a f productive just because a Congress chance to correct this deficiency and improve meets more and more and more days its grade. The Class-Size Reduction and A VERY PRODUCTIVE REPUBLICAN and passes more and more and more Teacher Quality Act of 1998 can and should CONGRESS laws? be passed before we leave for adjournment. The SPEAKER pro tempore. Under a Mr. Speaker, more laws usually mean We could even pass it in the Suspension Cal- previous order of the House, the gen- bigger government, more regulations, endar. tleman from Illinois (Mr. MANZULLO) is and higher taxes to pay for those new This bill would help States and local school recognized for 5 minutes. programs. districts recruit, train, and hire 100,000 addi- Mr. MANZULLO. Mr. Speaker, gov- So, while the Republicans are being tional well-prepared teachers in order to re- ernment does not have to be as com- assailed as a ‘‘Do Nothing Congress,’’ duce the average class size to 18 in grades 1 plicated as we here in Washington we do nothing liberal on the Repub- through 3. Creating 100,000 new positions for make it. In fact, the only thing that lican side. But we are doing everything teachers is important in order to meet the in- counts to the folks that we represent, possible for the working people out creasing enrollments. The process will occur and the district that I represent runs there. The people that I represent, the over the next ten years. The need for this leg- from the Mississippi River across the ones who are working that Scott Forge islation is paramount. America needs more top of the State of Illinois to within who get up very early in the morning teachers. More teachers is so critical to main- one county of Lake Michigan, and the and go to work and work there doing taining and improving our educational system. people there are just like the people in all kinds of great things with their In addition to working to increase the num- the rest of the United States. hands. ber of teachers and reduce class sizes, we They get up early in the morning, go I can look them in the eye and say, must also work, before we leave for adjourn- to work, pack their lunch bags. Then ‘‘I am your United States Representa- ment, to facilitate the rehabilitation and con- on Friday night, the husband and wife tive of Congress in Washington, and I struction of school buildings, many of which will sit down and say, you know, we do helped craft and I voted for legislation are in a critical state of disrepair. Too many of not understand it. We are both working that lowers your taxes and allows to our students in grades kindergarten through and yet we are taking home less money you keep more of your hard-earned dol- twelve are in overcrowded classrooms, with and it cost more to live than ever be- lars.’’ poor curriculums, limited equipment and dete- fore. That is the message. That is the mes- riorating schools. Because 90 percent of our What those people want is what most sage that people in this country want children attend public schools, we must Americans want. They want a tax rate to hear. It is a very simple message. I strengthen and improve those schools, par- that is fair. They want a government could talk about the President and all ticularly school structures. that is efficient. They want to be able the new programs he wants to institute We have an all-time record school enroll- to use the fruits of their own labors. and this and that. But we have to ask, ment of 52.2 million students today. The strain That is why this very productive Re- who is going to pay for it all? Do we on school systems and the impact on learning publican Congress is allowing the tax- really think that all the new things will be felt for years to come. Poor school payers of this country the ability to that he proposes are going to be free? buildings discourage learning, with leaky roofs, keep more of their hard-earned dollars, Who is going to pay for it all? broken windows, peeling paint, inadequate as opposed to sending it to Washington That is what matters to the people heat in winter and poor cooling and ventilation to be wasted on one of the 10,000 Fed- that get up in the morning and go to in spring and summer. eral programs that are here. Scott Forge and work very hard. And I According to a 1996 Report by the General I was at a luncheon for Scott Forge, would suggest that these are the people Accounting Office, some sixty percent of the a major forge back in our district in who count. These are the people who Nation's schools are in disrepair. American McHenry County, and talked to a great have made America, and these are the students are falling further and further behind H10646 CONGRESSIONAL RECORD — HOUSE October 12, 1998 many of their counterparts in countries around get information, many people are not gard to statistical sampling for apportionment the world. home in America. That is the case in purposes. There is a plan to repair our schools. Under very simple terms. The Supreme Court has ruled on numerous this plan, federal tax credits would be used to Six months ago I came to this well to occasions that if a statute is silent or help underwrite some $22 billion in bonds that discuss procedural issues raised in the anbiguous with respect to the specific issue, would be used to build and renovate public court cases. As many constitutional the question for the court is whether the agen- schools. scholars suggest, the Supreme Court cy's intrepretation is a permissible construction Mr. Speaker, we must make required re- could rule on procedural grounds and of the statute. It should not decide whether the forms, improvement and sufficient investment dismiss the cases or remand them back intrepretation is the same intrepretation that to provide a quality education system where to the District Court. The Supreme the court would have made. Therefore, the every child has a chance to learn, develop Court cannot give advisory opinions. District of Columbia Court and the Virginia and contribute. The Constitution states that there Courts failed to give the Bureau the discretion If we do nothing before we adjourn, our chil- must be a case in controversy in order it deserved. dren will ask, why Congress did you fail us? for it to proceed on the merits. Three District Courts, the Eastern District of f Today, however, I want to switch Michigan, the Eastern District of Pennsylvania The SPEAKER pro tempore. Under a from the procedural issues and focus on and the District Court for the Eastern District previous order of the House, the gen- the merits of these lawsuits. The law- of New York, have ruled correctly that the tleman from Oklahoma (Mr. COBURN) is suits filed by the Speaker and by Rep- Census Act allows for the use of statistical recognized for 5 minutes. resentative Barr ask the Court to re- methods. That is why I am pleased that the (Mr. COBURN addressed the House. view the Census Act and in particular Supreme Court is reviewing the Speaker and His remarks will appear hereafter in two sections which discuss the use of BARR'S lawsuits. the Extensions of Remarks.) statistical methods. The Constitution does not prohibit the use of f In addition to alleging that the Cen- statistical methods for the purposes of apportionment. Instead, it expressly delegates to The SPEAKER pro tempore. Under a sus Act prohibits the use of statistical Congress the authority to conduct the census previous order of the House, the gentle- methods, the Speaker and Representa- ``in such Manner as they by law shall direct.'' woman from California (Mrs. CAPPS) is tive BARR argue that the Constitution prohibits their use. Congress passed such a law which give the recognized for 5 minutes. Secretary of Commerce the authority to take (Mrs. CAPPS addressed the House. b 2000 the census. THe Secretary of Commerce is Her remarks will appear hereafter in doing just that, taking the census. The Sec- the Extensions of Remarks.) Because neither the Census Act nor the Constitution creates such a prohi- retary has chosen to take the census using f bition, the Commerce Department may the most modern technological advances CENSUS LAWSUITS and should use statistical methods in available. Now Congress no longer likes the law it The SPEAKER pro tempore (Mr. the 2000 census. passed and no longer wants the Secretary to PITTS). Under a previous order of the The Census Act does not prohibit the have the authority to take the census. Con- House, the gentlewoman from New use of statistical methods for the pur- gress has the right to change its mind but it York (Mrs. MALONEY) is recognized for pose of apportionment. Two sections of must do it by law, not by the Appropriations 5 minutes. the Census Act mention the use of sta- Mrs. MALONEY of New York. Mr. tistical methods. Section 141 plainly process and not through the court system. Until Congress passes such a law, the Sec- Speaker, I rise to discuss the census allows for the broad use of statistics retary has the authority to use statistical meth- lawsuits that will be argued before the and section 195 states that statistics ods. Supreme Court on November 30 of 1998. may be used. Yes, two district courts, the District court for the District of I should note that neither the District of Co- Mr. Speaker, you sued the Department lumbia Court nor the Eastern District of Vir- of Commerce to prevent it from carry- Columbia and the District court for the Eastern District of Virginia recently ginia reviewed the constitutional issue. How- ing out its plans to use statistical ever, the Michigan, Pennsylvania and New methods in the 2000 Census. A similar ruled otherwise. These are the two cases that the Supreme Court will hear York Courts did reach the constitutional issue case was filed by private citizens, in- and they all found that the use of statistical cluding the gentleman from Georgia on November 30 of this year. Both of these courts erred in their methods is constitutional. (Mr. BARR). Mr. Speaker, neither the Census Act nor the rulings. First they ignored the plain Members must understand the impor- Constitution prohibits the use of modern tech- meaning of each of the words of section tance of these cases, as my comments nology in the taking of the census. I look for- 141 and 195. Section 141 gives the Sec- will demonstrate. I am confident that ward to the Supreme Court explaining this fact retary broad discretion to take the the Supreme Court will rule that the to the House of Representatives and to the census in such manner as he chooses, statutes and the Constitution permit American people. the use of statistical methods. We must including the use of sampling. Section Mr. Speaker, I include for the have the most accurate census possible 195 limits that broad discretion by RECORD the following: and the use of statistical methods is stating that if he considers it feasible, [From the New York Times, Oct. 12, 1998] the Secretary must use statistical sam- the only way to ensure accuracy. WELCOME WAGON TO MAKE ITS VISITS VIA Mr. Speaker, I ran across a very good pling for nonapportionment purposes. POST OFFICE example of why statistical methods are However, for apportionment purposes, (By Constance L. Hays) the only real solution to an accurate the Secretary’s broad discretion re- The Welcome Wagon is rolling up the wel- census. It appeared this morning in the mains as afforded by section 141. come mat. New York Times, and it talked about Second, even if the courts determined Since the 1920’s, Welcome Wagon’s sales the Welcome Wagon. It stated that the that the Census Act provisions are un- representatives, almost always women, have Welcome Wagon, this is a program that clear as to whether the use of statis- gone house to house visiting newlyweds and used to welcome new residents to their tical sampling is permissible, they the newly moved-in, bearing greeting bas- neighborhoods and also do a little mar- should have deferred to the Census Bu- kets laden with coupons, magnets, ballpoint pens and other items sponsored by the local keting for local merchants. The article reau’s reasonable interpretation of locksmith, the town optometrist and other says that the Welcome Wagon is clos- these provisions as required by law. merchants. But these old-fashioned visits are ing its doors. Why? Because people are No one disputes the definition of 141, coming to an end, in a testament to chang- not home. They cannot find people at but the real issue is section 195. ing life styles or perhaps that traditional home to welcome when they move into Section 195 is clear with regard to the re- corporate desire to cut costs. the neighborhoods, so they are no quirement of the Secretary to use statistical The owner of the Welcome Wagon, the longer going to be doing it. They will sampling for non-apportionment purposes if he Cendant Corporation, is dismissing most of its 2,200 representatives and will replace be reaching out through the mail and deems it feasible. Obviously, Secretary Daley them with direct marketing through the other ways. deems it feasible or we would not be where mail. Mr. Speaker, that is the problem we are today. The question the courts re- So rather than a lengthy visit with the with the census. Knocking on doors to viewed was what Section 195 says with re- possibility of real-time conversation, each of October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10647 Welcome Wagon’s targeted households will But Mr. Bloom dismissed as ‘‘absolute non- well. I have worked in the private sec- get a bound directory delivered to the door- sense’’ any suggestion that Cendant’s wider tor before I came into government. It step, in which businesses will have paid to problems has led to the switch in strategy is far too important and constitutional advertise. The point is to reach more people, for Welcome Wagon. He said the company that we have to count people. We can- Cendant spokesmen say, and these days, peo- had peaked in 1968 with 1.5 million visits a ple are not at home as much as they used to year, but that the number had fallen to not use statistical sampling. It can be be, because of busier families and a surge in 580,000 last year. Still, Cendant has thought part of a procedure to try to establish working mothers. enough of the company to pay $20 million to parameters, but you actually have to Cendant, which also owns Avis car rentals acquire it in 1995, back when Cendant was have real people to know how to assign and Howard Johnson hotels, has found itself known as CUC International and the number block grants and dollars, how to assign in financial turmoil this year, but the com- of visits was estimated at 500,000 a year. congressional districts. pany says its problems are not related to its At the time, CUC said it planned to expand Furthermore, we seem to have lost, decision to change the Welcome Wagon. the sales force and did so, adding some 800 in the whole education debate, what This change, however, appears to have positions by this year. The company saw taken many sales representatives by surprise Welcome Wagon as a marketing device for a our Founding Fathers intended and and was met with sorrow by some of them. personal credit-history business it already what we have done here. That is that Although they were paid for their work, cer- owned. With little overhead beyond the 100- local parents and local school boards tain representatives regarded it as more of a person management staff, a toll-free number are going to make the decisions on edu- social mission than a marketing one. For and a World Wide Web site, profits were sub- cation, not some fountain of wisdom in decades, Welcome Wagon thrived on that stantial. And sales representatives, who were Washington, where they do not know very ambiguity, getting over the threshold paid by the amount of business they solicited our kids names, where they do know thanks to its neighborly demeanor when from area merchants, could earn as much as the differences between the school dis- other marketers might not. $70,000 a year. Many received benefits as ‘‘My heart is in these home visits,’’ said well. tricts. We cannot micromanage deci- Dee Strilowich, the company’s top-perform- Welcome Wagon took its name from 19th sions here in Washington. ing salesperson, who has worked for Welcome century Conestoga covered wagons that For the past number of days we have Wagon in Ridgefield, Conn., and nearby Red- would greet frontier settlers as they arrived, been in session here, we have been ding for the last four years. ‘‘I loved giving bringing food and fresh water from the near- waiting to try to get a budget agree- the welcome and greeting to those new mov- est village. The company was founded in 1928 ment. We have known for months what ers, new parents, engaged women.’’ in Memphis. This summer, to mark its 70th the final things were going to be that But Cendant insisted that times had anniversary, the governors of several states, were going to be negotiated. But we changed, which is why it decided last month including Wisconsin, declared part of July to end the visits and lay off its representa- ‘‘Welcome Wagon Week.’’ have not had those meetings. The tives. ‘‘It’s a different world today,’’ said El- ‘‘You will visit households when they’re President has not been engaged. We liot Bloom, a spokesman for Cendant in Par- celebrating a move, or an engagement, or the have not seen the White House en- sippany, N.J. ‘‘In the past, 20 years ago, birth of a new child,’’ promises the Welcome gaged. They have had lots of other when you knocked on people’s doors, Mom Wagon Web site, which so far has not been matters on their mind. But one of the was home. Now she’s in the work force.’’ altered to reflect the newly impersonal na- fundamental questions that we have to A vice president for Welcome Wagon in ture of the operation. ‘‘You will also intro- New York and two other states agreed. ‘‘We ask about this administration in gen- duce local businesses to Welcome Wagon’s eral is, are they focused on the task at had representatives who were beating their unique, personalized advertising program. heads against the wall because they had the What could be more fun.’’ hand? names of several people to go and visit but But now the fun is over, ‘‘I thought Wel- The President has traveled 153 days could never find them at home,’’ said the come Wagon would go on forever,’’ Ms. this year, 32 on vacation, 57 for fund- vice president, Dinah Watson. She said she Amundsen said. ‘‘Welcome Wagon is like raisers. He has only held two cabinet was offered a severance package, which she apple pie, baseball, hot dogs. It’s an Amer- meetings. Those cabinet meetings, the will be taking, and added that the 250 rep- ican institution. I thought I would retire in focus was, well, let us just say the resentatives she supervised have until the this job.’’ focus of the two cabinet meetings was end of this month to decide whether they f will stay with the company. not on the pending crisis at hand and About 500 people will be retained to work The SPEAKER pro tempore (Mr. on the budget debate. in ad sales for Welcome Wagon, Mr. Bloom PITTS). Under a previous order of the I want to go through, while we are said. It is being combined with another House, the gentleman from South here trying to keep the government Cendant company, called Getting to Know Carolina (Mr. SANFORD) is recognized open, while we are here trying to nego- You, that specializes in direct mail. for 5 minutes. tiate the final settlement, this is what ‘‘Whenever you make a change like this, (Mr. SANFORD addressed the House. the President did today. there is some displacement,’’ said Chris- His remarks will appear hereafter in At 2:45, he made a statement which I topher R. Jones, another Cendant spokes- saw on the south lawn, saying we need man. Representatives have until the end of the Extensions of Remarks.) the year to make their visits, and after that, f to get down to business. We need to get ‘‘we’ve asked them to stop.’’ The SPEAKER pro tempore. Under a an agreement. Then he boarded the hel- Mrs. Strilowich, who was greeted herself previous order of the House, the gen- icopter to get over to Andrews Air by a Welcome Wagon representative when Force base. At 4:55 he landed on Wall tleman from California (Mr. BECERRA) she moved to Ridgefield 28 years ago, said Street. A 5:05 he boarded a motorcade she has about 200 visits scheduled through is recognized for 5 minutes. (Mr. BECERRA addressed the House. and departed the Wall Street landing December and would complete them all. She zone en route to the Waldorf Astoria said most of the representatives she had spo- His remarks will appear hereafter in ken to were sorry to see their jobs end so the Extensions of Remarks.) Hotel, Park Avenue, East 50th Street, suddenly. ‘‘A lot of them are in the same sit- f New York. At 5:15 he arrives at the uation I was,’’ she said, adding that she is Waldorf Astoria hotel and proceeds to a the primary earner in her family. ‘‘They ON THE PRESIDENT’S TRAVEL private event. At 5:55 he greets a recep- were looking for at least two or three more PLANS tion in honor of New York guber- years.’’ The SPEAKER pro tempore. Under a natorial candidate Peter Vallone at the Some Welcome Wagon representatives ex- Waldorf Astoria still up on Park Ave- pressed anger over the loss of their jobs and previous order of the House, the gen- the end of their visits with families. tleman from Indiana (Mr. SOUDER) is nue. At 6:45 he boards a motorcade and ‘‘Cendant sacrificed us for the bottom line,’’ recognized for 5 minutes. departs the hotel en route to the Hil- said Wendy Amundsen, one of the company’s Mr. SOUDER. Mr. Speaker, I want to ton New York Towers, 6th Avenue and top-selling representatives, in Stamford, make a brief comment on the census West 53rd Street. At 7:30 he greets Conn. ‘‘Sometimes there are just more im- and some of the education things be- Democratic Senate Campaign Commit- portant things in life than money.’’ fore I make my major points here. It tee reception in honor of the Demo- Cendant has been struggling this year with used to be years ago in the schools cratic senatorial candidate and Con- other, much larger business problems, in- gressman CHARLES SCHUMER of New cluding an accounting error that stripped they taught the Constitution. Con- $115 million from its 1997 earnings, the subse- stitution said you actually have to York at the Hilton Tower, by the way, quent resignations of a host of senior execu- count people. You cannot guess. a member of the Committee on the Ju- tives, and a stock price that has plunged I have a business undergraduate de- diciary that is supposed to be neutral from $41.69 in April to $9 on Friday. gree, a business graduate degree as in this, potentially a member of the H10648 CONGRESSIONAL RECORD — HOUSE October 12, 1998 jury that will sit on the President, ba- tleman from Michigan (Mr. CONYERS) is at the United Nations. They talk about sically jury tampering. At 8:15 he con- recognized for 5 minutes. the need for reform at the Inter- cludes remarks and proceeds to the mo- (Mr. CONYERS addressed the House. national Monetary Fund, the World torcade. At 8:30 he arrives at the Sher- His remarks will appear hereafter in Bank, and then we have numerous lim- aton New York Hotel and Towers in the Extensions of Remarks.) itations on what State and local gov- New York. This is while we are sup- f ernment can do with Federal funds be- posed to be negotiating the budget. cause we do not trust them to be re- THE BUDGET PROCESS Where is he? At 8:35 greets the first sponsible in developing a budget. But gala benefit for the GMP charitable The SPEAKER pro tempore. Under a here we sit in Congress and we are hyp- foundation for cancer research. At 9:25 previous order of the House, the gen- ocrites because we have not adopted a he boards the motorcade and departs tleman from Minnesota (Mr. MINGE) is concurrent budget resolution. the Sheraton Hotel and Towers en recognized for 5 minutes. The appropriations bills, which I route to a private residence. At 9:35 he Mr. MINGE. Mr. Speaker, I think it mentioned before, are really supposed arrives at the private residence Man- is somewhat disingenuous to blame the to reflect what is in this concurrent hattan, proceeds inside to private White House for the failure of the lead- budget resolution and move through event. A 10:15 he greets the Democratic ership in Congress to move the appro- Congress so that they are completed in Senate Campaign Committee reception priations and the budget process on a the summer. That means they are pre- in honor of of Congressman CHARLES timely basis. sented to the President in the summer. SCHUMER, a private residence in Man- I also note with some interest that If there is disagreement, there can be a hattan. At 11:55 he arrives at Kennedy even the information that was pre- veto or there can be negotiations in the International Airport, boards Air Force sented in the well a minute ago is inac- summer. One. At 12:10 he leaves for Andrews, ar- curate. I happened to see Vice Presi- Nothing was completed in the sum- rives at 1:05. At 1:20 departs for the dent GORE in Minneapolis today. He mer. It was deferred. It was delayed. White House, at 1:30 lands. was not in Florida. Here we are October 12, the fiscal year Where is the Vice President? The I think the rest of the analysis is started October 1, the 1998–1999 Federal Vice President left this morning to go similarly flawed. fiscal year, October 1 from 1998 to Sep- down to Palm Beach, Florida because We are struggling to close the 105th tember 30 of 1999. These appropriations the President cancelled his fund-raiser Congress and the problem is that the bills were not available for planning at at Palm Beach, Florida so the Vice congressional leadership has failed to the Federal agencies. They were not President went down there. move the budget and appropriations available for negotiations with the Where is the First Lady? She has no legislation on a timely basis. Nor- White House or if there was going to be direct line of responsibility here but mally, according to the legislation that a veto, a veto at the White House and she is usually involved in a lot of dis- we adopted to impose upon ourselves so then negotiations. cussions, particularly has been very that there is some structure, rigor and So I submit, Mr. Speaker, that until outspoken on social issues. She is over discipline in the budget process, we we have the discipline within our body in Bulgaria and the Czech Republic. would have completed a concurrent to do what is right in terms of a proc- But supposedly we are a do-nothing budget resolution by April 15. Here it ess on a timely basis, that we cannot Congress. Supposedly we are the ones is, October 12, almost six months later, expect the American people to respect holding up everything. I would suggest and we do not have a concurrent budg- our budget process, and certainly we that if we are indeed in a crisis in our et resolution. We do not have a concur- cannot blame the White House for its government and if we are on the bor- rent budget resolution. lack of leadership on the budget issues der, borderline of a government shut- This is symptomatic of the problem and the appropriations bills. That lead- down, the least the President could do that we face in the 105th Congress. The ership rests in this building, and we is stay in town and talk. Maybe we House of Representatives passed a have not had that leadership. should have been doing this in the sum- budget resolution. The Senate passed a f mer, during the August break, since we budget resolution. But the leadership knew that the final issues were going in the House and the Senate, both in WASTEFUL GOVERNMENT to be education funding, pro-life con- the same political party, have not been SPENDING cerns, IMF, emergency spending on able to meet in the middle of the build- The SPEAKER pro tempore. Under a year 2000 computers, and the farm cri- ing and iron out the differences be- previous order of the House, the gen- sis. We knew that. There is no shock tween the two chambers. tleman from California (Mr. here. We have known this for months. As a consequence, we are stalemated CUNNINGHAM) is recognized for 5 min- But everybody has been so pre- in the budget process for the first time utes. occupied with other things that they in 24 years, the first time in 24 years. Mr. CUNNINGHAM. Mr. Speaker, have not sat down and dealt with it. And the differences between the Repub- talk about the President’s leadership. Now that we are down here, we are in lican leadership in the House and the He has only had two cabinet meetings extra days. We are trying to negotiate Republican leadership in the Senate in this Congress. But yet he has had the final budget. The appropriations and the budget resolution process par- over 80 fund-raisers in different areas bills are over there. The House and allel the differences that we see in the raising millions of dollars each time. Senate leaders are negotiating. In fact, appropriations bills, in the tax reduc- He was scheduled to go to Florida some of what they have been negotiat- tion effort and many other efforts. while we are sitting here working. ing on the drug issue, for example, they How can the President be blamed be- But that is not what I am here to worked out with General McCaffrey, cause the leadership in the House and talk about, Mr. Speaker. I wanted to the White House drifts in and says, oh, the Senate are unable to get together? reiterate what the previous speaker by the way, he does not speak for us. How can the President be blamed when said. Well, if your staff cannot speak for October 1 arrives and most of the ap- I want to point out some areas where you, if the people you appoint cannot propriations bills have not even been there is wasteful government and the speak for you, stay in town. Do not go passed in Congress? It is simply an al- difference between my colleagues on trotting around to the Waldorf Astoria legation that I submit that is un- the other side that believe that govern- for candidates who indeed actually sit founded. ment can do things better and on the on the Committee on the Judiciary. Do What we need to do in this body is Republican side and some Democrats not go trotting over to the Hilton and look at the rules that we have that feel that the people can do more with into private receptions raising money govern our procedures on the budget their own money. when we are supposed to be trying to and abide by them. It is as simple as Any time you send dollars to Wash- figure out how do the people’s business. that. We expect local governments, ington, D.C., Mr. Speaker, about half of f State governments, the United Nations it is wasted. In welfare reform, less The SPEAKER pro tempore. Under a to have a budget. People rail in this than 50 cents on the dollar gets back previous order of the House, the gen- body about the lack of fiscal discipline down to welfare. In education, less October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10649 than 50 cents on the dollar gets down uscule dollars then to run the pro- First, I would like to state that Fed- to the classroom because of the bu- grams that they like. We could give eral money is not simple to use. I come reaucracies. Let me go through to be them a block grant, and they could from a rural part of Pennsylvania, specific. pick the program that is good for where many school districts obtain In the previous Congress, I was chair- them, because Wisconsin may be a lot very few Federal dollars because they man of a subcommittee on education, different than San Diego, California, or need consultants, they need people who K through 12 education, basically. Hoboken, or wherever it happens to be. understand the Federal programs, and There was a direct lending program, a Washington, D.C. My colleagues talk they have to work for months and government program to where student about school construction. Washington sometimes years to get into the system loans emanated out of the government. has some of the worst schools in this and figure out the language the bu- The GAO did a study and in their re- Nation. Over 70 percent of the children reaucrats in their State capital want port said that it cost, this was capped graduate functionally illiterate. The and the bureaucrats in Washington de- at 10 percent, only 10 percent of gov- school houses were falling apart; their mand. So most small rural school dis- ernment loans. It cost a billion dollars roofs caving in. School was canceled. tricts do not receive much Federal annually, billion, not million, to run Fire codes were not met. Schools did money because they do not have con- the program. It cost 5 million to col- not start timely last year because of sultants, they do not have grantsmen, lect it, because the government did not construction. The average age is over they do not have the people that speak have the agencies to go out and collect 60 years. the right language that bureaucrats it. So what we wanted to do is privatize We wanted to waive Davis-Bacon re- understand. it and cut those losses. quirements, which is the prevailing Now we are going to Federalize b 2015 wage or union wage, to construct those school construction. We have 15,600 schools. And my colleagues said, oh, schools across America, approxi- We did that. they are for the children. mately. The school construction pro- In the balanced budget, the President Well, we could have saved $24 million gram proposed by the President will wanted $3 billion for a new literacy to build new schools in D.C. on that take half the money and will give it to program. California is 50th in literacy. limited budget, because it cost 35 per- 100 urban poor schools. That leaves Much to do, I think, because we have a cent, Mr. Speaker, by going to union 15,500 some school districts with no lot of immigrants that come to Califor- wage. We could have saved $24 million funding. Now they will have a chance nia and the border States. But it was that would have gone to build those at the other half, but urban poor dis- 50th in literacy. So when the President Washington, D.C., schools and repair tricts are not prohibited from going announced $3 billion for a new literacy those roofs. But did our colleagues after that. program, it sounded pretty good, until choose the children? No, they chose And this is a program for all of we took a look. their precious union, because it fi- America? I do not think so. This is a There are 14 literacy programs in the nances their campaigns. Watch the program to go to President Clinton’s Department of Education. Fourteen of media if anyone has any doubt about base in the urban parts of America. them. What is wrong with taking one that. Now urban poor school districts have or two of those, Mr. Speaker? And Mr. Speaker, we had the Individuals problems, but so do rural poor school when we have an authorization, we with Disabilities Act; special edu- districts, and they should have an may authorize this much, but when it cation. It had never been fully funded, equal shot. The construction program comes time for the dollars we may only and the Republicans funded that. The that has been designed by the Presi- authorize and appropriate this many gentleman from Pennsylvania (Mr. dent will not be a program that will dollars? What is wrong with picking GOODLING), the chairman of the Com- help many schools in this country. The one or two of those and not just fully mittee on Education and the Work- vast majority of the schools will never funding them but actually increasing force, and I worked and put the two see a dollar. And those that choose to them? factions of the schools and the parents use this will lengthen the process of Title I is one of those that is under- together, with no food or water, until constructing schools by a year or two. funded by the Federal Government. We they came out of the room and, finally, I have never seen a Federal program could get rid of the bureaucrats, be- we came up with something fairly that even worked the first year. Last cause every one of those programs has good. There are still problems, but we year, we had the technology program, bureaucrats that have a salary and refunded it up toward the 40 percent had a half billion dollars in it. They tirement. That comes out of the edu- level. have spent less than 100 million so far, cation funds. They have a building here Impact aid. The President totally cut and the year is over. Because Federal in Washington that we pay rent on. out impact aid, education aid for mili- bureaucrats cannot make programs The paperwork that they generate tary and Indian reservations. work in 1 year’s time. takes dollars away from the classroom. We have done a lot, Mr. Speaker. This will delay construction in Amer- There are 760 Federal education pro- f ica. This will make it more com- grams, Mr. Speaker, which allow us to plicated to construct schools in Amer- get less than 50 cents on a dollar down FUNDING EDUCATION IN AMERICA ica. It will make it more costly to con- to the classroom. What we want to do The SPEAKER pro tempore. Under a struct schools in America because of is get 90 or 95 percent of the dollars previous order of the House, the gen- the Federal bureaucracies that will down to the classroom so that the tleman from Pennsylvania (Mr. PETER- have to be met, and Davis-Bacon, teachers, the parents, the community SON) is recognized for 5 minutes. which will raise the cost of construc- and the administrators can make the Mr. PETERSON of Pennsylvania. Mr. tion itself. decisions for their children instead of Speaker, I rise this evening to join the Then we have the program of teach- the bureaucrats here in Washington, chorus of those who to want discuss ers in the classroom, 100,000 teachers. D.C. education. That is a good cause. I think most of us I had a hearing and we had eight dif- It is interesting, we have had a lot of would like to see 100,000 additional ferent areas testifying. They all had discussion from the White House, we teachers. Probably 40 or 50 school dis- the greatest programs since sliced have had a lot of criticism from Demo- tricts in America will receive some bread. At the end of the hearing I crats about the process that we are kind of grant to do that or maybe 100, asked which of them had any one of the going through on education. Is it polit- at the most, or 150. But that leaves other seven’s programs. None of them. ical rhetoric? Is it a serious commit- 15,400 or 15,500 school districts with no I said, that is the whole idea. Everyone ment to helping our local schools change. Should we not have programs likes their own programs. across America? That is the question I that get out equally across America We want to give them each a block want to ask, Mr. Speaker. where the need is, whether it is urban grant, instead of mandating all the We have those who want to start or whether it is rural or whether it is other seven programs in all the other school construction programs in the suburban, if there are school districts districts, in which there are only min- Federal Government. in trouble? H10650 CONGRESSIONAL RECORD — HOUSE October 12, 1998 We can do that. We could expand the why all of the political rhetoric on edu- are anywhere from 50 to 200 applicants loan forgiveness program and get cation in the last week? for an elementary teaching job, for teachers into low income rural and There were those who said we need a every opening. urban shortage areas, and we could do day’s debate on education. The 105th b 2030 that overnight. We could fund special Congress, the real education record, we ed, would get money into every school have had 30 days of debate on the Floor So what is the problem? Well, the district. The ones that would get the of the House about education, passed 25 problem is that they will not go where most would be those who have the major accomplishments in the area of they are most needed, or, because of most poor students, the most students education and job training. So why all discipline problems, they give up after that need special education, and we the rhetoric? a short while. So in the higher edu- would have the money right where it is I think there are four reasons prob- cation bill we did something about most needed. The money they could ably. First, it is a diversionary tactic. that. We said we will give you some free up on their own they could use to Now, I suppose I can understand that, loan forgiveness if you will go to cen- hire more teachers; they could use to divert the attention from anything ter-city and teach, if you will go to fix their schools. else, but I hate to see children used as rural America and teach. Vocational education, we have flat- part of that diversionary tactic. I do not know how to deal with the funded vocational technical education Secondly, of course, the polls say discipline problem from the Federal year after year. This President again education is a sexy issue, and so that is level. I suppose we could send the flat-funded it this year, or rec- the thing we should talk about: edu- toughest Marine we have, one to every ommended flat funding. We are passing cation. Now, I hope my colleagues are classroom. That would not be of any legislation to allow more immigrants very careful, because those very same value whatsoever, because they would to fill the technology jobs because we polls say that we, the American people, not be allowed to discipline anyway, so do not have an educational system that distrust most of all the Federal Gov- it would be a waste of money. is training them, and it all starts in vo- ernment’s involvement in elementary- You see, unless parents are going to cational education. secondary education. discipline, there is nothing that can be Most recently, we passed in the The American public distrusts the done, because the public has said the House, it did not get action in the Sen- Federal Government’s involvement in school may not discipline. So I do not ate yet, a Dollars to the Classroom pro- elementary-secondary education. They know how to solve that problem. But if gram that combines 31 programs and also distrust the States’ involvement. you were to fully fund special edu- puts the money directly back into They believe that their local elected cation, let me just show you what it school districts. That frees up $700 mil- officials, their school board members, means in several districts. lion to $800 million without raising their superintendents, their teachers, In my district, the City of York has taxes because it does away with Fed- their principals and their parents know 49,000 people. Thirty years ago the eral bureaucrats, it does away with best on the local level how to bring former majority mandated, mandated, State bureaucrats, and it puts the about reform so that all will have a 100 percent of everything that a local money in the classroom where they can quality elementary-secondary edu- school district must do in the area of hire teachers or where they can im- cation. special education. One hundred per- prove the classroom. Then I think there is a third reason. cent. And they were very generous. Mr. Speaker, I believe the President’s I have always suspected from day one They said however, we will not send goal to help education is honorable, that this administration wants to you 100 percent of the funds to do that. but I think the direction he has taken micromanage elementary-secondary What they said is, we will send you 40 is election year politics because it is a education, micromanage from D.C. It percent of the excess cost, 40 percent of new program that he can put his name has never worked in the past, will not what it costs more to educate a special on. work now, will not work in the future, needs youngster than it does to edu- I want to say, new Federal programs but it is certainly a goal and, again, cate a regular student. Forty percent do not work; 1999 will not see a school of that excess cost. constructed, 1999 will not see more the American public does not want that micromanagement of their ele- Now, in the City of York, 49,000 peo- teachers in the classroom, because ple, they spend $6 million on special these programs cannot work in one mentary-secondary schools from Wash- education; $6 million on a 100 percent year. ington, D.C. mandate from the Federal level. They Mr. Speaker, I believe if we are going Fourth, and probably the major rea- to increase funding for education I son, pride of authorship. Every presi- have to raise almost $4 million of that would support that. Let us fund voca- dent wants a legacy and every presi- locally, a very difficult chore if you re- tional education. Let us fund special dent recently seems to want that leg- alize the tax base they have to work education. Let us fund loan forgiveness acy to be in the area of education. So with. If we would fund the 40 percent that for low income rural and urban short- new old programs have to be created. I was promised 30 years ago, they would age areas. say new old programs because most Mr. Speaker, it is time to get the every program is on the book already. have more than $1 million extra every money out where it can work, not in Just give it a new title, a new name, year, to reduce class size, to hire extra some new ideas created by the White and somehow or another it is yours. teachers if they need extra teachers, to House that will not work and will not As I said to the White House last repair buildings, to do everything that help our schools across America. It will week, it does not matter who gets cred- somebody else says we need some spe- only help a few. it, as long as we are trying to provide cial program in order to do that. Let me give you a couple of others. f a quality education for all students. Let me give a good example of how The special school district of St. Louis, CREATING NEW OLD PROGRAMS all of the rhetoric about school mainte- they spend $170 million each year to The SPEAKER pro tempore. Under nance and school building, all the rhet- fund the 100 percent mandate from the Speaker’s announced policy of Jan- oric about 100,000 new teachers, can be Washington, D.C. for special education. uary 7, 1997, the gentleman from Penn- solved by using an existing program. If $170 million. They have to raise $127 sylvania (Mr. GOODLING) is recognized someone really believes there is an ele- million of that locally. Locally. If we for 60 minutes as the designee of the mentary teacher shortage, they appar- were to send them their 40 percent that majority leader. ently do not spend very much time was promised, they would get an addi- Mr. GOODLING. Mr. Speaker, during studying statistics. tional $24 million to maintain their the morning hour this morning, I asked There are about 150,000 elementary buildings, to build new buildings, to re- the question, why all of the political teachers now certified who cannot find duce class size, to do everything that rhetoric in the last week about edu- a teaching job, and they are working in they believe is necessary to provide a cation? department stores, fast food res- quality education for all. Make no mistake, everyone back taurants, offices. In my district, de- If you went to West Contra Costa home knows it is political rhetoric. So pending on the school district, there Unified District in California, they October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10651 spend $25 million every year in order to Seven laws, they are law now, mostly only sent them that special ed money, fund the 100 percent mandate from in a bipartisan fashion. Higher Edu- and the administration’s budget cut Washington, D.C. They have to raise cation Act, Special education, IDEA special education. $11 million of that locally. If we were Act, Workforce Investment Act, Loan Now, I heard on the floor from one to fund fully the promise that we Forgiveness for New Teacher Act, qual- gentleman that because their state is made, they would get an extra $3.5 mil- ity teaching grants, emergency student growing so rapidly, we really should be lion. loans, and, yes, a large bipartisan ef- in there at the Federal level, getting The third Congressional District in fort prohibiting Federal school tests. money for teachers, money for class- Virginia would receive an additional We also have seven other bipartisan rooms. Guess what? Where do you $54 million each year. The Los Angeles bills waiting for the President to sign. think his growth is coming from? He unified school district, they spend $600 School nutrition, charter schools, happens to be in a right-to-work state. million every year for the 100 percent Quality Head Start, and the adminis- His people are coming from my state. federally mandated special education tration was trying to eliminate the My good jobs in a highly organized program. They must raise $325 million ‘‘quality’’ part. Well, there is no rea- labor state are going to his right-to- of that locally. If we were to send the son, if you are not going to have a work state. 40 percent that the former majority quality education component in an Now, if you carry that logic to con- promised, they would get an extra $60 early childhood program, obviously the clusion, it seems to me he should, his million every year. You see, the pro- child is not going to be successful when state, should be sending money to my gram is there. All you have to do is put they get to first grade. They are not state because he is taking my tax base. your money where your mouth was going to be reading-ready. Vocational A gentlewoman said she needs money when you did the mandate. education, community service block again for schools and for class size re- Now, for twenty years as I sat in the grant, $500 million more for special duction. I would love to have her coun- minority I pleaded with this Congress, education. A reading excellence act, all ty, her one county in my district, the do what you promised you would do, waiting for the President’s signature. highest income possibly in the United because it is the one issue that is driv- Fourteen pieces of legislation. States. So, again, if you follow that to ing a local school district up the wall. We also sent eight more, A-plus Sav- its logical conclusion, she should be They do not know how to fund our ing Account vetoed, Dollars to the sending me money, because I do not mandate. Classroom Block Grant veto threat. We The gentleman from Michigan (Mr. have that kind of wealth in my dis- want to get the money down to the trict. KILDEE) was the only person from the classroom. Teaching testing, vetoed. other side when they were in a very The budget should also bring cutting large majority that I could get to be Prepaid college tuition plans, veto edge technology to the classroom. For interested at all. In the last couple of threat. D.C. scholarships, veto. Bilin- two years the administration has not years, the gentleman from Wisconsin gual education reform, veto threat. A used one penny from the trust fund to school construction plan, veto threat. do just that. What they did manage to (Mr. OBEY) has helped. But, boy, the school districts surely owe a big thank Safe schools Anti-gun Provision, ve- do is allow telephone companies to put you to the gentleman from Louisiana toed. We passed three more from the a surtax on your long distance tele- House that never made it through the (Mr. LIVINGSTON) and the gentleman phone bills. That was not part of the from Illinois (Mr. PORTER). They put Senate. Twenty-five different pieces of negotiation. an additional $500 million in this year legislation, most in a bipartisan fash- Then also we are told that we should to help meet this mandate. They put in ion, and some of them for the first time have child literacy programs so every more than that last year. So it will be ever not only bipartisan, but bi- child will be able to read well and inde- the first time that a local school dis- cameral. pendently by the end of third grade. trict will be able to reduce their spend- So, Mr. President, we did make real Too late. Too late. Our literacy bill ing on special ed. bipartisan progress on education. that we have ready for you to sign, Mr. Now, what has happened in some of In the higher education bill, it will be President, will make sure that they are these areas where schools are falling the lowest interest rates that students ready to read and are reading in first down? Well, I read over the weekend, a will pay in 17 years. It will be the high- grade. Obviously if they come to school school in New York, the principal said est Pell Grants in the history of Pell not reading ready, then you know the he has asked for eight consecutive Grants. And, yes, you mentioned qual- end result: They either will fail first years for money to maintain the school ity? We have a provision in there that grade, and it was not the child who building, money to try to keep the insists that teacher training institu- failed, it was the adults who failed the school from crumbling. Not one penny tions prepare quality teachers for the child, or they will be socially pro- came his way. I know what happens. In 21st Century. moted, which will be a disaster and order to avoid a strike, I am sure that Yes, a job training bill. Yes, a Head- bring about not a physical drop out, in negotiating, they gave all the main- start bill with quality. Yes, a voca- but probably by fourth, fifth grade, a tenance money to prevent the strike. tional education bill. Yes, a nutrition dropout in one sense of the word. So He also said the principal before he bill. All, all, in a bipartisan fashion. our bill does not wait until third grade. came there had asked for many years Our Nation needs 100,000 new highly We say, they have to be reading-ready. qualified teachers to reduce class size the same question, please, where is the b 2045 money to keep the school from falling in the early grade. I have already indi- down? cated there are 150,000 out there who Mr. Speaker, if all of the grade pro- Well, I want to take a little time to cannot get a teaching job. So what did grams of the 1960s would have worked review the speech that the President we do in the higher education bill? As the way people thought they would gave on Saturday, because it was a I indicated, we tried to encourage them work, we would not have a lot of stu- speech on education. I am sure it was with loan reduction to go into center- dents who are in fourth grade and can- very confusing to most Americans, be- city, to go into rural America, where not read at a fourth grade level. We cause you would have thought, if you there is that need. would not have a lot of students who listened to that speech, we have not Yes, in special education, as I indi- graduate from high school that do done anything in the Congress of the cated, if they got their 40 percent, they poorly in math and science. Well, we United States in relationship to edu- could do all of the teacher-pupil reduc- have to admit, they did not work. And cation. And yet this Congress, more tion that they want to. They could do part of the problem was there was not than any Congress in the history of all of the construction work and main- any strength whatsoever in the edu- this great Nation, has done more in the tenance work that they want to. But cation part of those early childhood area to try to help provide quality edu- the budget that came up from the ad- programs; and, for many years, quality cation and quality training programs. ministration cut special education. It was missing. Baby sitting was avail- So the President said we should be able cut special education. The one place able, child care was available, but the to make real bipartisan progress on where everything that the administra- important part, the education compo- education. We have. We have. tion wants they could do locally, if we nent, was missed. H10652 CONGRESSIONAL RECORD — HOUSE October 12, 1998 So, again, the American people do ernment will intervene to save a bank derstand what stakes are involved. The not want the United States Govern- in trouble if its collapse would cause profit motive is the most powerful dis- ment to micromanage elementary and major harm to the economy. ciplinarian of markets, but the United secondary schools. They do not want Last month, with the rescue of Long- States Government is obligated to be them to mandate to their elementary Term Capital Management, a corollary on top of the issues. and secondary schools. They do not appears to be in the making that There are points where politics and want them to interfere with the oper- ‘‘some financial firms are too big to economics intersect; and when politi- ation of their elementary and second- liquidate too quickly.’’ The application cal institutions implode, as they have ary schools. They realize that one can- of the ‘‘too-big’’ doctrine for the first in Russia, economic consequences fol- not bring quality from top down. We time beyond a depository institution low. The best and the brightest on Wall have to build it from bottom up. And raises troubling public policy ques- Street lost billions betting that Russia they know that the local parents, the tions. was too nuclear to fail. They did not local teachers, the local students and From a social perspective, it is not grasp that it was too corrupt to suc- the local elected officials know far bet- clear that Long-Term Capital, or any ceed and that it did little good for the ter than Washington, D.C., what is in other hedge fund, serves a sufficient so- West to transfer resources to Russia’s the best interests if we want to really cial purpose to warrant government-di- Central Bank if it simply recycled have quality education in their par- rected protection. In one view, hedge them to a private banking system ticular district. One size fits all from funds provide liquidity and stability in which served as the money-laundering Washington, D.C., has never worked, financial markets, allowing economies network for insiders. No nation-state can prosper if it will never work. to finance infrastructure and enter- lacks a place where people can save And, again, I want to emphasize the prises necessary to modernize. In an- their money with confidence and seek tremendous effort made in this Con- other view, hedge funds have a raison lending assistance with security. Rus- gress to try to do what we could do to d’etre: They seem to be run-amok, ca- sia, which is the landmass most similar give the local schools an opportunity sino-like enterprises, driven by greed to our own, has been kept back for to improve their own school system. with leverage bets of such huge propor- most of this century because of the Big One of the things the gentleman in tions that they can control global cap- ‘‘C’’, Communism, and is now in a de- the chair brought to this Congress was ital markets and even jeopardize eco- spairing state because of the little ‘‘c’’, the whole idea of getting dollars down nomic viability of individual sovereign corruption, which is likely to be more to the classroom. Getting them beyond States. difficult to root out than Communism the bureaucracy in Washington, get- In this case, the country’s most sophisticated banking institutions pro- was in the first instance. ting them beyond equally bureaucratic It is bewildering how, with all of the vided loans to an institution that State governments, down to the class- attention in recent months being given shielded its operations in secrecy, de- room. That is where we make the dif- to forming a new global financial sys- nying lenders and their regulators data ference, and that is what we wanted to tem architecture, no one is paying at- about its positions or other borrow- do. And what do we get for our effort? tention to universal values. Honesty ings. The rationale was that sharing A veto threat. must prevail over corruption, or no fi- information was competitively disad- Well, that is the only way it will nancial system will work. In fact, un- vantageous to the fund. Lenders to the work. This administration has to unless the point is made with regard to fund, in effect, became responsible for derstand, we build from the bottom up. countries such as Russia that the prob- The programs are there. We do not a kind of blind-eyed complicity and lem is not that market economics are need to take old programs and give speculative actions that might in some wanting but that corrupt market them a new name. I made it very clear cases prove destabilizing for the very mechanisms are pervasive, the Russian to the White House last year, the year financial system upon which banks and people will never understand the les- before and this year that if you want to the public rely. sons of the century. The old battle- The envy of its peers, Long-Term be a hero, if you really want to be re- ground in world affairs was Com- Capital was the very paragon of mod- membered in the area of education, do munism versus Capitalism; the new one something to help us fund the 40 per- ern financial engineering, with two contrasts corrupted market economies cent of excess costs for special edu- Nobel Prize winners among its partners versus noncorrupted ones. cation; and the local district will then and Wall Street’s most celebrated trad- What the Russian people, and those be able to take their money to provide er as its CEO. The fact that it failed of so many developing countries, de- a quality education for all students. does not mean that the science of risk serve is a chance to practice free mar- The SPEAKER pro tempore (Mr. management is wrong-headed; just that ket economics under, not above, the PITTS). Under the Speaker’s announced it is still an imperfect art in a world rule of law. If attention is paid above policy of January 7, 1997, the gen- where the past holds lessons but pro- all to establishing honest, competitive tleman from Iowa (Mr. LEACH) is recog- vides few reliable precedents. institutions of governments and fi- nized for the remainder of the majority Hedge funds were so named because nance, virtually everything else will leader’s hour, approximately 35 min- their managers tried to reduce with fall into place. utes. offsetting transactions the risks they From the public’s perspective, it f take with investor funds. Today, the must be understood that politicians name has an ironic ring. As hedge can be dangerous and that their most THE FAILURE OF LONG-TERM CAP- funds have grown in the last few years, counterproductive weapon is protec- ITAL MANAGEMENT: A PRELIMI- so has the venturesome nature of their tionism. This is particularly true in fi- NARY ASSESSMENT investments in pursuit of higher re- nance. Any country that protects itself The SPEAKER pro tempore. The gen- turns. The industry numbers between from foreign competition and finance tleman from Iowa (Mr. LEACH) is recog- 3,000 and 5,500 funds, with somewhere injures itself and, in effect, emboldens nized for the remainder of the Majority between $200 billion and $300 billion in corruption. Unilateral decisions or Leader’s hour, approximately 35 min- investment capital, supporting book international agreements to open mar- utes. assets in the order of $2 trillion. About kets that are closed to Western-system Mr. LEACH. Mr. Speaker, I rise to a third of the funds are highly lever- financial institutions provide the best discuss one of the most serious and aged; in Long-Term Capital’s case, chance for corrupt systems to reform symbolic financial events of the dec- about 27-to-1 when its books were solid; themselves. Their public will, if given a ade: the failure and government-led more so when difficulties emerged. chance, lead their leaders by saving rescue of America’s largest and most Large financial institutions make where they are best protected and bor- heavily leveraged hedge fund, Long- this leveraging possible, often with fed- rowing where they get the most com- Term Capital Management. erally-insured funds. If taxpayers are petitive terms. Dubiously enshrined in establish- to share in the risk, they or at least In Long-Term Capital’s case, the ment economic thinking is the too-big- their protectors, bank, securities, and underestimation of the role of corrup- to-fail doctrine, the notion that gov- commodities regulators, ought to un- tion in Russia and other emerging October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10653 economies led to an underestimation of played by J.P. Morgan in the panic of were that bank regulatory agencies the American economy and legal sys- 1907. Given this circumstance, the ‘‘in- should discourage active involvement tem. formed/consulted’’ distinction would in derivatives markets by insured in- The mathematical model Long-Term appear to tilt to the ‘‘consulted’’ side. stitutions unless management can con- Capital followed apparently assumed While oversight of bank lending to vincingly demonstrate both sufficient market tranquility. If certain bond Long-Term Capital Management and capitalization and sophisticated tech- yields relative to Treasuries widened, financial instrument trading within nical abilities. Greater transparency it predicted that market forces would the firm does not appear to have been and uniform disclosure standards were correct the differential and yields governmentally coordinated, its bail- also recommended. would inevitably begin to converge. As out was. The troubles of Long-Term Capital spreads began to widen earlier this In retrospect, it is difficult not to be presented the Fed with a dilemma. If it year, the fund bought long corporate struck by the fact that the shrewdest failed to act in the face of what is pre- and foreign bonds at the same time it in the hedge fund industry could com- sumably deemed to be systemic risk, it sold short Treasury instruments. But mit such investment errors, that the would have been left open to charges when a flight to quality escalated, the most sophisticated in banking would that it abdicated leadership on a mat- spreads widened, rather than narrowed, give a blank check to others in an inter that might have affected the stabil- and Long-Term Capital found itself on dustry in which they considered them- ity of markets around the world, and the losing end of both sides of key in- selves to be experts, and that the thus, the pocketbooks of millions of or- vestment equations. United States regulatory system could dinary citizens. At issue is not just a judgment of the be so uncoordinated and so easily By acting as it did, however, it pre- moment but the problem of developing caught off guard. served an institution that in a free market economy would normally have with confidence risk models for adverse b 2100 times, especially when the vicissitudes been allowed to fail. The Federal Re- of politics and human nature conspire The Fed and the Comptroller of the serve’s decision to intervene in the with market forces. Currency, principally the Fed in this Long-Term Capital situation under- At issue also is the possibility that case, had responsibility for regulation scores that the Fed operates under two the failure of Long-Term Capital re- of the banks which extended such large basic pinions: that low inflation is al- flects the bringing home to the United credit lines to Long-Term. ways a friend, and that instability is States the economic problems of the Questions exist as to how knowledge- always the enemy. rest of the world. As Wall Street firms able of loan extensions were the regu- Clearly, the Fed will go to great have begun to move to protect them- lators. The principal agency with stat- lengths to reduce the dangers of insta- selves in recent weeks by pulling in utory authority over the fund’s trading bility, as well as inflation. But the gov- credit lines and dumping less solid in- practices was the Commodity Futures ernment’s intrusion into our market vestments, a crisis of confidence ap- Trading Commission, with which Long- economy can be justified only if it can pears to be developing. The impending Term Capital was registered as a com- be credibly shown that there is a clear credit crunch requires a monetary re- modity pool operator, and to which it and present danger to the financial sys- sponse from the Fed, i.e., immediate was required to make periodic finan- tem in Long-Term Capital’s failure, attention to lowering interest rates cial disclosures. and that there were no stabilizing al- and, perhaps, a shot of fiscal stimulus According to CFTC officials, the ternatives, other credible bids on the from Congress, preferably a tax cut of Commission has the power to examine table, or other approaches to ensure modest dimensions on the order of the the firm’s trading positions, yet appar- that a market-shaking unwinding did $16 billion a year one that passed the ently it did not do so, even after Long- not occur. House last month. Term Capital reported at the end of In this case, another bid was on the I was initially informed by a top 1997 that its assets included nearly $3 table. According to Mr. McDonough, it Treasury official that there was a dis- million in swaps, forwards, futures, op- was rejected by Long-Term Capital’s tinction between being informed and tions, and warrants, and its liabilities, management because it did not have being consulted on the Long-Term Cap- $6.4 billion in similar instruments, or the legal ability to accept it, although ital issue and that while Treasury had that it had leveraged $4.7 billion in it had the ability to accept the alter- no disagreement with the judgment or partners’ capital into investments of native, which reportedly included a the role of the Fed, Treasury’s involve- $129 billion. commitment to keep the management ment could only be characterized as While regulators appear to have egg of Long-Term Capital intact. passively being informed of Fed con- on their face for the failure as well as Here it deserves noting that in the cerns for the systemic implications of the rescue of Long-Term Capital, risk- wings was not only a ‘‘Warren Buffett’’ a fund failure in the economy. free regulation is not possible or nec- in terms of an alternative bid, but a Minutes prior to the October 1 Com- essarily appropriate. The economy ‘‘Paul Volcker’’ or ‘‘Jerry Corrigan’’ in mittee on Banking and Financial Serv- could be as ill-served by financial insti- terms of a possible court-appointed ices hearing on Long-Term Capital, I tutions refusing to take risks as it bankruptcy trustee. received a letter from Treasury Deputy would be by those taking too much. I stress the bankruptcy laws because, Secretary Summers, which in amplifi- But Congress cannot duck its oversight to the extent that another hedge fund cation stated: responsibility of those charged with su- of similar size or group of companies We were informed of the developments af- pervision of these markets. that, in combination, may be of com- fecting Long-Term Capital Management, and That is why 5 years ago I issued a 900- parable importance could get into trou- we were kept apprised of the progress of dis- page report on the financial derivatives ble, the U.S. bankruptcy laws are de- cussions among its creditors. We did not, marketplace which included a series of signed to stabilize insolvent cir- however, participate in any of these discus- 30 recommendations for regulatory cumstances. Indeed, under the bank- sions. guidance to constrain systemic risk in ruptcy code, a trustee probably has I was therefore surprised to learn in a market which I then described as more authority to proceed slowly than testimony from New York Federal Re- ‘‘the new wild card in international fi- a reengineered company not protected serve Bank President William nance.’’ In this report, I noted that, by bankruptcy status. McDonough that he confirmed directly ‘‘Historical experience is not always a With regard to a future government with Treasury Secretary Rubin on Sep- guide to the future, especially when a role in bankruptcies of hedge funds or tember 18 and that he was joined by As- relatively new market explodes in other financial institutions, the Fed sistant Treasury Secretary Gary size’’ and when there are ‘‘unprece- might want to think through the possi- Gensler in discussions with Long-Term dented economic uncertainties.’’ bility of making process recommenda- Capital’s partners in Long-Term Cap- Among the recommendations in the tions to bankruptcy courts. For in- ital’s offices on September 20, the day report, which became one of the bench- stance, if a significant fund fails, the prior to McDonough’s decision to inter- mark assessments of how derivatives Fed should prepare to go to a court and vene in a role he analogized that should and should not be regulated, recommend a given type of process, as H10654 CONGRESSIONAL RECORD — HOUSE October 12, 1998 well as consideration of particular states for good or for naught, guided by The Long-Term Capital saga is types of or actual individuals who the profit motive, rather than national fraught with ironies related to moral might be appropriate to serve as trust- interest standards. authority as well as moral hazard. The ees for a failed fund. This dilemma is reflected in the an- Fed’s intervention comes at a time If the problem relates to systemic nouncement the week after the Fed in- when our government has been preach- concerns and the goal is an orderly tervened by the Secretary of the Treas- ing to foreign governments, particu- unwinding of positions or orderly ury that the United States government larly Asian ones, that the way to mod- transfer of assets, the Fed is obligated and international resources should be ernize is to let weak institutions fail to lend a perspective to the courts. put in play to prop up certain foreign and to rely on market mechanisms, Given that almost any future poten- currencies. Most analysts assume the rather than insider bailouts. tial failure of another fund will raise Treasury was particularly concerned We have also encouraged developing questions of whether it will be given that the Brazilian cruzeiro might be countries to establish bankruptcy ar- like treatment as Long-Term Capital, devalued. But to give a governmental rangements to cushion the shock of the Fed or Treasury should also con- imprimatur to the fund as it is now failures, and, where possible, fairly dis- sider issuing public guidelines or com- constituted could cause conflicts of in- tribute the assets of bankrupt institu- mentary about their intent to rely on terest not only among its owners, but tions. Now, as the country with the orderliness through bankruptcy stat- with our own government. The possi- most sophisticated markets, bank- utes to assure markets that unfortu- bility that taxpayer dollars might be ruptcy laws, and legal precedents, we nate problems will not become sys- pitted in the future against those of a appear to have abandoned the model we temic liabilities. firm the United States government urge others to follow. In this regard, balance should be em- helped rescue could be an expensive Worse yet, the Federal government phasized. Just as there may be sys- irony. appears to have played a role in pre- temic concerns for a too rapid unravel- The antitrust laws are generally ap- cipitating a bailout offer that was ing of positions, there could be complied to concentration in a particular more advantageous to the failed man- petitive and market concerns for too market sector, but the combination of agement than that which the free mar- prolonged resolution of the problem. many of the world’s most sophisticated ket offered. Warren Buffett may be for- It is a particular umbrage that the financial powerhouses in hedge fund ac- tunate to have had his bid for Long- hedge fund bailed out under the Fed’s tivities is unprecedented in signifi- Term Capital turned down in favor of leadership operate commodity pools or- cance. Such a combination, if allowed the government-coordinated effort. ganized as Cayman Islands entities. to stand, could enable these institu- Given reports of further erosion of Implicit in this circumstance is the tions to hold sway over whole econo- Long-Term Capital capital, the new possibility that individuals who pre- mies. No central bank or finance min- owners and the government, on the sumably sought to reduce their United istry in the world could match the as- other hand, may be embarrassed if sta- States tax obligations through Carib- sets they could wield in currency mar- bilization of the fund requires another bean shelters could find their assets kets. rescue. protected with the help of a United Further complicating this collusion It will be months before proper per- States government agency. problem is the report that half-a-dozen spective can be applied to this unique To the degree doubt exists, because or more government-owned banks are circumstance, but the principal lesson of the Cayman connection, whether or have been strategic investors in would appear to be that the Fed should U.S. bankruptcy laws could effectively Long-Term Capital. rely more extensively on market mech- have been applied in the Long-Term The possibility that fund managers anisms and America’s sophisticated Capital situation, or whether actions might receive insider information from bankruptcy laws. Above all, the public might be brought in other jurisdic- their own investors who represent for- should be assured that the government tions, Long-Term Capital’s problems eign governments; or that any govern- will not subsidize insider bailouts, or underscore the legal risk issue. Pru- ment would think it appropriate to in- protect those who make investment er- dent banks should have doubts about vest public monies in a speculative rors. The too-big doctrine is simply too lending to institutions whose oper- hedge fund; or that our government prone to fail. ations may not be within the full reach might be put in the position of having f of the laws of the United States or to decide whether to rescue a fund other comparable legal systems. which, if liquidated, might embarrass a TRIBUTE TO JOSEPH P. KENNEDY, While the goal of the Fed’s interven- government with which we interrelate II, MEMBER OF CONGRESS tion was to avert a short-term shock to on many issues, is bizarre and unten- The SPEAKER pro tempore (Mr. the international economic system, it able. PITTS). Under the Speaker’s announced appears that a more serious long-term As powerful as they are, Long-Term policy of January 7, 1997, the gen- threat may be the result. Today we Capital’s new owners are confronted tleman from Massachusetts (Mr. MOAK- have a reconstituted fund that is co- with a legal Catch-22. If they do not ac- LEY) is recognized for 60 minutes as the owned by 14 of the world’s largest fi- tively manage the fund, they could be designee of the minority leader. nancial institutions, from Travelers sued for lack of prudential stewardship. Mr. MOAKLEY. Mr. Speaker, I rise and Merrill Lynch to J.P. Morgan and If they do actively manage the fund, to pay special tribute to my colleague the Union Bank of Switzerland. they could be sued for collusion. and my very dear friend, the gentleman In this regard, it should be under- In testimony before the Congress last from the Eighth Congressional Dis- stood that the coordinated government week, Fed officials said firewalls would trict, the gentleman from Massachu- bailout approach which was under- be established to separate the fund’s setts (Mr. JOE KENNEDY). taken may involve a tendency towards oversight committee managers from When JOE was first elected to the concentration with the new owners their home offices. However, firewalls, 100th Congress back in 1986, he had a conjoined as a group having a greater no matter how high, are particularly lot to live up to, and he has done so impact on markets than in competition vulnerable when losses mount. If with Irish passion and a devotion to with one another. The Fed’s unprece- hedged positions improve, legal liabil- those less fortunate that would have dented extension of the too-big-to-fail ities could be bedeviling. made his father very proud. doctrine to a hedge fund does not insu- If, for instance, Long-Term Capital First, JOE had to confront enormous late the fund and its new owners from and any of its new investors were to expectations because of who he was. As the constraints of the Sherman and take a position that would prove prof- the oldest son of the late Senator Rob- Clayton Acts. itable, presumably someone on the un- ert Kennedy, as the nephew of Senator Working as a cartel, those running profitable side of such a position might EDWARD KENNEDY, and the nephew of Long-Term Capital potentially com- sue on collusion grounds. Or if it were President John F. Kennedy, he was ex- prise the most powerful financial force to pay back a creditor partner and not pected to do great things. in the history of the world, and could a creditor non-partner, questions of eq- If those expectations were not al- influence the well-being of Nation uity could be raised. ready high enough, JOE had the October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10655 unenviable task of having to follow on In Northern Ireland, the land of his with whom I met on so many occa- the greatest congressman and certainly ancestors, JOE worked tirelessly to sions, who I thought offered hope to one of the greatest Speakers this Na- bring people together to enjoy the end the civil conflict in El Salvador. tion has seen in many years, my dear peace and unity that they so richly de- Last November, I traveled to El Sal- friend and mentor, Thomas ‘‘Tip’’ serve and that was very long overdue. vador with the gentleman from Massa- O’Neill. I can only imagine the pres- Today, peace is a chance in Northern chusetts (Mr. MOAKLEY) to participate sure JOE felt as he raised his right hand Ireland and JOE has as much a right to in events commemorating these Jesuit to take the oath of office just 12 years be proud of the Good Friday Agreement martyrs. We attended a people’s mass ago. as anybody else. held outdoors with thousands of Salva- But today it is my great pleasure to JOE KENNEDY, you made your family dorans gathered covering the hillsides. say that without a doubt, JOE has not proud. You have made Massachusetts Congressman MOAKLEY and I, accom- only met those high expectations, but proud. You have made your country panied by the U.S. Ambassador, were he has also exceeded them. A lot of proud. You have been an accomplished escorted to our seats. There was a huge Members in Congress lose some of their Member of this House, a respected col- film on the screen accompanied by fire after a few years here, but not JOE league to people on both sides of the music. It was a film about the School KENNEDY. He is just as passionate aisle, and a very dear friend of mine. of the Americas. Mr. Speaker, there, 10 about helping people and making this So good luck my friend, the United or 15 feet high, was the face of JOE country a better place today as he was States Congress is a much better place KENNEDY. It seems I had traveled thou- just a dozen years ago. because you served here, and this Con- sands of miles to see the face of my From his first years in Congress, JOE gress will miss you. friend from Massachusetts, who in El KENNEDY has been a friend, an advo- Mr. Speaker, I yield to the gentleman Salvador is seen as a voice for the cate, and a noble spokesman for those from Massachusetts (Mr. MCGOVERN) of voiceless. citizens in our society who are often the 3rd Congressional District, my I cannot say how proud I was to be forgotten. There has not been a vote on former staffer. associated with JOE KENNEDY, to be the floor of this House in which the Mr. MCGOVERN. Mr. Speaker, I from Massachusetts, to see him up poor of our country have not been able thank the dean of our delegation, the there talking about the values, talking to look to him for leadership and for gentleman from Massachusetts (Mr. about the issues that I care about, that compassion. MOAKLEY) for his very eloquent and Congressman MOAKLEY cares about, JOE has championed the rights of passionate words on behalf of our that so many people in this country people looking to realize the American friend, JOE KENNEDY. care about. dream and obtain affordable housing. This is both a sad and happy occasion So, I want to just say that my wife For those who cannot afford to buy a for me as a freshman Member of the Lisa and I want to wish JOE and Beth house, he made sure that safe, quality Massachusetts delegation. Sad because all the best. JOE, I want to thank you public housing was available. I regret the short time, only 2 years, for your service to this country. I want JOE has fought mightily to ensure that I have had the opportunity to to thank you for being a good friend to that everyone is treated the same when work with JOE KENNEDY on behalf of me. I am proud that I had the oppor- they apply for a mortgage or try to get our Commonwealth. Happy because I tunity to serve with you in this Con- insurance, regardless of the color of know he will be a powerful force for gress, and I am most especially proud their skin or the red line that used to change in Massachusetts, galvanizing that you are my friend. So thank you be drawn around their neighborhood. grassroots involvement on the impor- very much. tant issues of the day. Mr. MOAKLEY. Mr. Speaker, at this b 2115 And while there are many issues in time I would like to yield to the gen- He has fought for the 4.4 million el- which JOE KENNEDY has been a leader, tleman from Massachusetts (Mr. derly in the working families who de- housing, Congressman MOAKLEY men- TIERNEY) representing the 6th District, pend on fuel assistance so that they tioned LIHEAP, veterans, human the outstanding freshman. can heat their homes and they do not rights, democracy in Haiti, consumer Mr. TIERNEY. Mr. Speaker, I rise have to go without food. And I think it rights, community-based development, today to bid farewell to one of the most is very ironic that on the eve of his de- and I could go on and on and on and ardent champions of the less fortunate, parture from this Congress, the Repub- many of my colleagues today will sing my friend and colleague, JOE KENNEDY. lican leadership has decided to elimi- his praises on a lot of those issues. But Mr. Speaker, whether it is fighting to nate the LIHEAP program, the pro- I would like to speak about one issue close the terrorist School of the Ameri- gram that JOE KENNEDY has fought so near to my own heart in which JOE cas, or improving low income housing, hard for. KENNEDY exercised extraordinary lead- or assuring that America’s poorest JOE has been a very true friend of ership and around which he helped families receive low-cost heating American veterans, men and women in build a national grassroots campaign. through the LIHEAP program, JOE uniform always knew that they could That issues involves the closing down continued his father’s legacy by speak- go to him, express their needs, and he of the School of the Americas. ing for those without a voice and has would share their concerns. They Mr. Speaker, no one, literally no one left his own incredible mark on his- learned early in his tenure that he was doing anything on this issue until tory. would look out for them and he has not JOE KENNEDY became involved. He JOE KENNEDY has dedicated his ten- disappointed them once. heard the voices of families and indi- ure in Congress to improving the lives JOE has led the fight to close the in- viduals throughout Latin America who of the less fortunate and the quality of famous School of the Americas, which have lost loved one at the hands of living for today’s consumers. When has been linked to countless human U.S.-trained graduates of the School of studies indicated that credit unions rights violations in the Western Hemi- the Americas and he decided to take a had a poor record of lending to minori- sphere. While the school is still open stand, and a stand against the School ties and low-income members, JOE for business, people all across this of the Americas. took steps to ensure that credit unions country have seen the atrocities that I have personally felt the loss of adhered to the same fairness regula- take place there because JOE KENNEDY friends murdered by School of the tions as banks and savings institu- spoke out. Americas graduates. The six Jesuit tions. JOE has fought on behalf of the peo- priests murdered in El Salvador in No- When the American Medical Associa- ple of Haiti who live in abject poverty vember 1989 were known to me. They tion reported the extent of heavy binge just a few hundred miles off our shore. were men who stood for peace, for jus- drinking among young people, JOE And even now, JOE is working to make tice, who fought so passionately KENNEDY introduced legislation to pro- sure that the people of the Dominican against the senseless violence in El vide incentives for colleges and univer- Republic get much-needed supplies to Salvador for so many years. These were sities to develop and implement alco- help rebuild after Hurricane Georges priests who were outstanding leaders in hol abuse prevention programs and that just passed. El Salvador and who were my friends, would establish new requirements for H10656 CONGRESSIONAL RECORD — HOUSE October 12, 1998 alcohol advertising that targets young the post of Dean of our delegation any just for the hedge fund investors who audiences. time before I am a very old man. can pony up $5 million or $10 million a When more and more Americans be- But, Mr. Speaker, by that time I piece. It is also for the smallest and the came burdened by credit card debt and think we all expect JOE KENNEDY to be poorest, the most ordinary people in sky-high interest rates charged by back. Not back here in the House of our country. And he understands that, creditors, JOE KENNEDY introduced leg- Representatives, but he will be back. and he animates the debate here on the islation which would protect consum- He will be governor. He will be Sen- floor of Congress with those very spe- ers from the unreasonable practices of ator. Maybe he will be more, but he is cific values. creditors that result in higher fees and going to be back. This is just a little When we vote here on the floor, the interest rates for consumers. In fact, break. Chamber is exactly as it was in 1858 one of the first opportunities I had as a He is going to be able to see his two when it was constructed, except a com- congressman was to join JOE in a boys, seniors in high school, co-cap- promise that was cut with the Daugh- forum in Boston dealing with that very tains of their football team, every Sat- ters of the American Revolution about issue, and he has been a leader on that urday. He will be able to see them in 30 or 40 years ago which allows just for and so many other things. their winter and spring sports. He will 15 minutes for all of our names to flash I could go on, but I am sure there are be able to get them on to their college electronically up on the board. When others here tonight who will have curricula in the next several years. But the Members come in and they gather much more to say, as did the gentle- he is far from finished in this business. here on the floor, they scan the board men from Massachusetts (Mr. MCGOV- It is just a little break. to see where people are on any particu- ERN) and (Mr. MOAKLEY). We all wish we could take the break lar issue. We can take faith knowing that JOE that JOE KENNEDY is taking right now. b 2130 will continue his work on behalf of low- If the rest of us took a break for 4 income families because he is going to years, we would be in oblivion. JOE And a very large number of Members focus his efforts on the Citizen’s En- KENNEDY will probably be more popular always check to see how JOE KENNEDY ergy Corporation. I know that under 4 years from now, because of what he voted because they know that JOE KEN- JOE’s guidance, many low-income and will be able to do in the private sector, NEDY is going to be voting for the poor- elderly individuals will not have to in community activities over the next est, for the most needy, for those who face another brutal New England win- several years. And in addition, he will need help within our society. No jok- ter without low-cost heating. be able to, as well, make sure that his ing, no kidding, that is what his vote The Massachusetts delegation in the boys and Beth have at least this one stands for. Everybody knows that is House of Representatives is losing one brief shining moment of 4 years where what it stands for up there. No deals, of its most valued colleagues, Mr. he will be in one place for that period no compromise, that is who he is. Speaker. One of its strongest advocates of time. And I think that is quite a legacy to for low-income and elderly individuals, Even as we debate over these final 4 leave, that after 12 years people know and for all things fair in this country. or 5 days in Congress over whether or that that is what that vote stands for When people talk about values, not we are going to take care of up there, even as he understands the whether they are out in their districts schools in the poorest neighborhoods in complexities of the most sophisticated or here in Congress, they need only America, something that JOE has been financial, manufacturing, industrial look at the principles and the causes talking about the whole time that he issues and industries in our country that JOE KENNEDY has stood up for has been here, there is another bill and in our globe. time and time again. It makes us all that is hanging around here which is a So for me it has been an honor to proud, Mr. Speaker, to be from Massa- banking bill. A bill that is going to serve with JOE over all of these years. chusetts. It makes us proud to be a overhaul the entire banking and securi- He has been a very special presence friend of JOE KENNEDY. It makes us ties and insurance industries in our here in the Congress, and I think that proud to have him campaign with us country. in the years to come the experience and for us, on occasions, to speak on Mr. Speaker, there is just one little which he has gained here is going to the floor for the things that we believe sticking point which is that they do further help not only the people of in. not want JOE KENNEDY’s provision that Massachusetts but this country and Mr. Speaker, if I can address the gen- ensures that these wealthiest of finan- this world. We know not how that will tleman from Massachusetts directly for cial institutions reinvest in commu- manifest itself, except that it is inevi- a moment, against our usual decorum, nities, the poor communities where the table that that day will arrive. JOE, I wish you the best in your future money has come from. It just really I thank you, JOE, and I wish the best endeavors, you and Beth, and I speak drives them crazy that JOE KENNEDY for you and Beth and for your two for everyone in this Chamber when I has so mastered the legislative process boys, because you deserve it. say that you will be sadly missed. that he is almost single-handedly able Mr. MOAKLEY. Mr. Speaker, I thank Mr. Speaker, to paraphrase our Irish to take on the most powerful financial the gentleman very much. ancestors, ‘‘May the road rise to meet interests in the world and frustrate The next gentleman I will introduce, you, may the wind always be at your them so that they cannot get what when he first announced for office, a back. . .and until we meet again, may they want, and he understands that reporter grabbed me and said, another God hold you in the palm of his hand.’’ well and, in fact, supports it unless and KENNEDY running for office. He said, Mr. MOAKLEY. Mr. Speaker, at this until they always take care of the what do you think about all those KEN- time I yield to the gentleman from poorest in the poorest communities in NEDYs in office. I said, there is not Massachusetts (Mr. MARKEY), the next the United States. enough of them. Dean of the Massachusetts delegation, I think that is kind of a wonderful It is a great pleasure to introduce a the outstanding Congressman from the tribute to him right now. Oftentimes, Congressman who came in, son of a 7th District, a master in telecommuni- people only receive credit in the politi- great father but, on his own, has made cations and other great subjects. cal process by the legislation which a name here in the Congress. Mr. MARKEY. Mr. Speaker, I thank they pass. But there is a bill which is Mr. Speaker, I yield to the gentleman the gentleman from South Boston, dying right now, this financial services from Rhode Island (Mr. PATRICK KEN- Massachusetts (Mr. MOAKLEY) very bill, because JOE KENNEDY does not NEDY). much for holding this special order to- think it does enough. We will pass a Mr. KENNEDY of Rhode Island. Mr. night. I anticipate being the Dean of bill at some point, next year, the year Speaker, I thank the gentleman very the Massachusetts delegation some- after, the year after that. And when we much, JOE MOAKLEY, my good friend, time very deep into the 21st century. do, for sure it will include the provi- who is not only the dean of the Massa- The incredible work that the Massa- sion which JOE KENNEDY believes is in- chusetts delegation but the dean of the chusetts medical community has done dispensable to constructing a balanced New England delegation. on the gentleman from South Boston and fair banking financial services sys- I know when I think about what it is makes it highly unlikely that I will see tem in this country and world. It is not like to come here to the Congress and October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10657 try to make it on to the right commit- fish than he did or when I managed to trying to take a break from the activ- tees and always people say to me, you get a better place in the sailboat, but ity of politics down in Rhode Island. know, you have to go check with JOE then he always knew that he was the And I stumbled across a veterans shel- MOAKLEY, but I was lucky, JOE, be- one that had been my instructor, and ter in downtown Boston. And I went in cause I had some more advice than the he knew he had done well by giving me there and I said, I am JOE KENNEDY’s average freshman when I came here to the best advice that anyone could give. cousin. And I can tell you, I got smiles Congress. And you alluded to it when When I think about what it was like from everyone all around, because ev- you talked about the fact that there for, I think, all members of my family eryone told me that they could not was already a KENNEDY in Congress growing up with the last name KEN- have had a better champion for home- here and I was lucky to have JOE in NEDY and to think about what it was, less veterans than my cousin JOE. Congress here when I came here, be- what it is like to live up to my family’s It made me very proud to just say, I cause when you were talking about JOE legacy of public service, I think it is am Congressman KENNEDY and I am and the great expectations that he had probably easier for me to think about from Rhode Island, and I hope I can do to rise to when he was elected here to the history that is written by my fam- somewhat as much as my cousin JOE the Congress, and you really set it up ily, its historic struggle for the has done for all of you in trying to pro- very well, what he was up against when disenfranchised, and I think more often vide assistance for the neediest of peo- he first was elected, the notion that he than not that legacy was written by ple in our society, our homeless veter- was following in such a historic seat as JOE’s father, who brought to politics a ans. the 8th congressional seat, that he was personal touch that everybody that I I was taken on a tour up and down following the Speaker of the House, meet in my travels around the country the 7 flights of stairs where each floor that he was following in my family’s who talks to me about what my family was dedicated to housing workshops, legacy of public service, it was a means to them, they always mention vocational education and training daunting task. But luckily for me, I my Uncle Bobby because whereas my workshops, you name it, it was all one- had JOE to break the ice for me when I Uncle Jack was a great President and stop shopping for veterans, homeless came to the Congress. someone who inspired a whole genera- veterans in our community. And it was And JOE, when I got down here on the tion to public service, it was my uncle there because of the tireless work of floor, he told me a few things to do and ROBERT KENNEDY who really moved my cousin JOE and Congressman Moak- not to do, when I was looking out to them in a personal way. And I can tell ley, and to think about what great start my career in the Congress. And you for me it was history because I was pride it gave me made me realize why JOE MOAKLEY, you were very kind to not, I am among the youngest members I am in this Congress. say that I am making it on my own of my family and JOE is amongst the I hope that some day I can be in the here, but I can tell you that would oldest members of my generation. And majority, as JOE had been in for a num- have been a total accident if I had not he was with his father campaigning ber of years, so that I can do some of had my cousin to be here in the Con- and he knew his father well. the things that he was able to do when gress and to show me the way. I can tell you from watching the way he was in the majority. But I know And JOE has certainly seen the way he has orchestrated himself as a Mem- that whether we are in the minority or in this House. He basically said to me, ber of this Congress, I can tell you whether we are in the majority, either I have seen how it is done in this place. without a doubt that everything I case, that what is important is that Let me tell you, from the benefit of my learn about my Uncle Bobby, I say there is someone up there to fight for experience, how to do it the right way. about my cousin JOE. the interests of people who do not have And he was selfless, as he is known to He is there to fight on behalf of representation in this body. be by anyone who knows JOE and loves human rights, as has been mentioned, I can tell you, I wish this place had him. with the School of the Americas. He is more Members of the caliber of my I want to talk a little bit about what there on behalf of those who need the cousin JOE, because if it did, we would JOE is like as a person, because I think help the most from government. And truly see what the true definition of it is reflected in all the things that you most of us in my family would say, government is supposed to be, and that mentioned, Mr. MOAKLEY, and my hey, does not everybody do this? I is to protect the people who are least other colleagues in the House men- mean, we were brought up thinking protected in our society. That is what tioned with respect to the issues that this was the thing to do. And JOE and I believe government is here for. That are dear to JOE’s heart and the legacy my colleagues who are Democrats here, is the legacy of my cousin JOE. And if that he leaves as a Member of this es- we have come to this Congress and, you wander the halls of this Congress teemed body. boy, I have only been here four years, and the last Congress, you would not As I was growing up, JOE was always but it has been long enough for me to know that because you would think someone who took me under his wing realize that nothing that I have been that this place only existed for the peo- and always made sure that I was doing brought up to believe in can be taken ple who could pay to have access to all right. I can tell you that might for granted. I thought that it has been this place. sound funny to people, but I never felt done before and so what was left for us But that is not my cousin JOE. He like I was in the groove, so to speak, to do. went here to the Congress to make sure because JOE came from a large family I can tell you what is left for us to do that there was access for people who do with lots of brothers and sisters, and is to be stewards of the great legacy of not have a voice, and I could not be my brother and sister were 6 and 7 the Democratic Party. In JOE’s case, he more proud to try to carry on his leg- years older than me. was a steward of the great legacy of his acy of public service. And I know as my I was not as close to them because of father and of my whole family. He colleague, Congressman MARKEY said, age as I was to many of my cousins stood up on behalf of people who are that my cousin JOE is just taking a res- who were his younger brothers and sis- being tortured in Central and South pite now from public service. I know ters. I can tell you I never felt out of America when he worked to close the that he will be back, because he is step when I was with him because he School of the Americas. He works on somebody who is not committed to always made me feel like I was just one behalf of homeless veterans. The home- hold any particular office. He is com- more of his brothers and sisters. I can less situation in this country is a trag- mitted to carrying on the legacy of his tell you whether it was sailing on race edy in itself, but to think that we have father. What an awesome legacy that week or whether it was running up, homeless people who are American vet- is. after sailing in the Victura, to go catch erans who have served this country in But he did everything he could do in some bluefish off of Cape Cod, JOE was time of war and in time of peace, who his power to stay true to his father’s always there to show me the way that come back and have no place to call legacy. Nothing could be said better he knew and he was always there to home, they have no better friend than than that for JOE KENNEDY, because he educate me and give me the benefit of my cousin JOE. really is the kind of person who has the his experience. That got him frustrated JOE MOAKLEY, I happened to be in big heart and fights on behalf of people sometimes when I caught bigger blue- downtown Boston a couple weeks ago who need to have a fighter. And when H10658 CONGRESSIONAL RECORD — HOUSE October 12, 1998 you think of JOE, you think of a fight- here, JOE just does not say it, he feels I am proud of you. Everybody that er. And if you think about the issues he it. And when you look up on the board has worked with you is proud of you. fights for, you have got a road map for and you see his vote, there is no com- And you, again, can leave this place good humanistic causes, making sure promises there. That is what he thinks knowing that it is better for your hav- people have their homes heated, mak- needs to be done. ing been here. Thank you, JOE. ing sure they have homes to stay in, I do not think that I have seen any- Mr. MOAKLEY. Mr. Speaker, I thank making sure they are not terrorized by body in the last 12 years that has the gentleman from Tennessee, and the people who are educated by the School worked harder at trying to make ev- next gentleman to speak for JOE is a of Americas, making sure they have ac- eryday working people’s lives better, at dear friend of his, the gentleman from cess to credit so they can provide for trying to make sure that those folks Texas (Mr. JIM TURNER). their families and their communities. I that are less fortunate have a chance Mr. TURNER. Mr. Speaker, as a mean, you cannot help but appreciate to get ahead. Texan, it is an honor for me to come pay tribute to my friend, JOE KENNEDY. that JOE has kept to the basics. b 2145 Most Members in this place try to I must tell you, JOE, that when I first find a niche that is more, that is sexy One thing I have noticed, as JOE and came to this House 2 years ago, just and is technical in nature and tries to I have been together and traveled the thought of meeting you, and know- give them a leg up with the powers around, is it is amazing just how rec- ing the rich heritage that your family has and the contributions that your that be in this town. JOE never lost ognizable he is. Whether he is on the sight of the true powers that he was steps here in Washington or he is at an family has made over the years to our here to represent and that is people airport in Zaire, people know JOE KEN- country, caught me somewhat in awe to meet you the first time. who do not have any power in this soci- NEDY. They come up all the time. And I never will forget when we were in ety. He can be confident that when he no matter how tired he might be, no freshman orientation up at the Ken- leaves here, he leaves a legacy of some- matter how behind, and it seems like we are always behind, trying to catch nedy School at Harvard University and one who actually tried to change this you invited the freshmen to come out country for the good and not just try the next plane or whatever it might be, he always stops. He talks to them. He for a dinner with you and Beth at the to go along to get along, because that Kennedy Library. We had a chance to is not the cousin JOE KENNEDY that I wants to hear what is on their mind. Never complains about it. I think they visit and to know the warmth and the know. charm that you and Beth both exude. It I know that will not be his legacy, help him to see how real people are and really what he is trying to do. It makes made me realize the character and the because he is going to carry on and depth that you have as a person. keep fighting for the people who need me proud when I see him that way. So not to try to embarrass him any I will tell you that I have always to be fought for. been impressed as a freshman Member Good luck, JOE. And I will look for- more tonight, but to say that I am glad that he is going to have more time of this body that I have never walked ward to continuing to get your good past you without you saying, hello, advice and counsel over the next few with the boys. He has twin boys, Joe and Matt. They used to be little boys. hello, JIM. Someone who has been years because I am sure I am going to around here much longer than I have, Now they are big boys. And I guess need it. who oftentimes, as a new Member with probably the thing that JOE anguishes I thank my colleague from South 434 other Members here in this body, more over than anything is that every Boston for yielding to me. oftentimes it takes a while to get ac- now and then he misses one of their Mr. MOAKLEY. Mr. Speaker, the quainted with everyone. But I never ball games. It is a major deal when we next person I will introduce is not a will forget the warmth and friendship are called in session and he cannot get Massachusetts person but we accept you have exhibited to me personally there to see them, because they really him as one, a dear friend, a fellow I and to the other Members of the fresh- are a team. served with for many years on the man class. Committee on Rules, an outstanding I am glad he and Beth are going to The Kennedy name means much in Member. have even more time together. Beth is Texas. Over the years, as I grew up, and Mr. Speaker, I yield to the gentleman a soothing part of his life. And as PAT- on the occasions when Kennedys would from Tennessee (Mr. GORDON). RICK has pointed out, JOE is, to a great visit, it was always a warm experience Mr. GORDON. Thank you, JOE MOAK- extent, is a patriarch of an extended because I know that many in Texas un- LEY. I thank you for all your leadership family, for all the cousins, and he tries derstood the depth of commitment that and friendship when we served together to be there. And I am glad he is going the Kennedy family has always had to on the Committee on Rules. No matter to have more time to be there for not those who maybe did not have quite as how acrimonious things would get only his generation but also that next much as everyone else; those who need- there, you were always able to tell a one below. I think that folks do look at ed a helping hand; those who needed quick joke and help us to move for- JOE to be the guy that will be there the government to be there as their ward. You certainly serve a great func- when they need him. safety net. And in this body, JOE, you tion there. So, JOE, as you leave this Chamber have stood for those values. Even For those of us that know JOE, that and you leave this House, you do so though you come from a family of know that probably the last place he truly, truly, truly knowing that you great recognition, you have always wants to be tonight is right here, hear- have left this Congress, this country, a worked hard to be sure that those who ing Members say good things about better place. And I am happy to know needed the helping hand of govern- him, I want to try to be very brief, be- that you are now going to take another ment, needed the safety net of govern- cause this is really sort of a bitter- adventure and that the enthusiasm ment, would have that assistance. sweet time for me. I know now that in- that you brought to this Congress you When we talk in this body among evitably I am not going to see as much are now going to take to the private freshmen Members and we reflect upon of my buddy, that we are going to be sector now. those who have passed our way, I am friends and we are going to stay in I do not know that it has been said sure that you and Beth will always touch, but we are not going to see each yet, but JOE started a little company have a very special place in all of our other on a daily basis. in his basement a few years ago and hearts. They always say that there is a That is a hard thing to come to grips now it is a billion dollar, or multibil- special connection between Boston and with, when you have spent so much lion dollar company, and its only pur- Austin, between Massachusetts and time with someone over the years. But pose is to help others, to get them Texas. We hope we can continue to I am so happy for his new future. cheaper prescription drugs, to make keep that alive, and we appreciate, I am also very sad that this House is their energy costs a little bit less ex- JOE, your service and your dedication going to lose his strong, passionate, en- pensive. So now JOE will be able to to the people that you have exhibited ergetic voice for the less fortunate, for take that energy and help those same these many years. It has been an honor the working men and women of this folks he has wanted to in a legislative for me to get a chance to know you, country. As so many folks have said way in an entrepreneurial way. and I appreciate your friendship. October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10659

Mr. MOAKLEY. I thank the gen- JOE KENNEDY voted for and always able quest of the gentleman from Massachu- tleman from Texas. to know that he was fighting for and setts? And now, Mr. Speaker, it gives me voting for those things that would help There was no objection. great pleasure to introduce the Con- the poorest and the neediest in our so- f gressman representing the first district ciety. And, yes, we all have memories in Massachusetts (Mr. JOHN OLVER), a of his leadership on matters like the DIFFERENCES BETWEEN REPUB- member of the Committee on Appro- homeless veterans and the School of LICAN AND DEMOCRAT PROPOS- priations. the Americas. ALS ON APPROPRIATIONS BILLS Mr. OLVER. Mr. Speaker, first, I I suppose I remember most closely The SPEAKER pro tempore. Under want to thank the gentleman from those several fights over logging rights the Speaker’s announced policy of Jan- Massachusetts (Mr. MOAKLEY), the in the national forests year after year. uary 7, 1997, the gentleman from Flor- dean of my Massachusetts delegation, Sometimes, he would win. Win once, ida (Mr. MICA) is recognized for 60 min- for putting together this opportunity come very close, or win a vote and find utes. to say something in a public way to a few days later that that vote was Mr. MICA. Mr. Speaker, I am pleased honor JOE KENNEDY and the service he snatched away in one way or another to be here tonight, as Congress winds has provided here in the Congress of among the various nefarious ways that up its responsibilities and completing the United States; and also to say that those things can happen in the Con- its 13 appropriations measures, most of I am very happy to join all the others gress. which have been agreed upon. And I from the Massachusetts delegation and And, yet, JOE would come back again think it is very important that tonight the gentleman from Rhode Island (Mr. each year, every year, to try to put an I address why Congress is still here and PATRICK KENNEDY), the younger Ken- end to that process of spending mil- what some of the differences are that nedy, who will soon be the elder Ken- lions of dollars on building roads into remain. nedy in the House of Representatives, our national forests to the benefit of a Most of the eight or nine easy appro- although I am sure we will probably very small number of the largest log- priations bills have been agreed upon, have some others from this far-flung ging companies, who were then the fur- and we are now down to the last few family that has such a great legacy, as ther beneficiaries not only of the roads measures which Members of the House those who have already spoken have that we would build but also of the and the other body and the administra- mentioned. low-cost timber sales along the way, tion must agree to. I, probably more than any other that kind of fight against the large cor- Member of the Massachusetts delega- porations. b 2200 tion, owe my presence, my opportunity And his leadership in the Committee Tonight I want to discuss some of the to serve in the House of Representa- on Banking and Financial Services as major differences between what sepa- tives, to the assistance, JOE, that you the ranking member of the Sub- rates the Democrats and the Repub- gave, you and Beth together, gave me committee on Housing and Community licans at this juncture. The major dif- when I first ran for this seat in 1991. Opportunity, continually fighting ference really on most of the issues JOE KENNEDY and his wife, Beth, against redlining, that discriminatory boils down to just a couple of items. campaigned with me in several of the practice that has been so detrimental One is keeping control in Washington, cities, several places in the district to so many of our older communities, and then also the other part is whether that I presently serve, as it was con- communities of great need. we spend significant amounts of tax- stituted at that time. And I was always And so I certainly would associate payer dollars on bureaucracy, on very grateful for that assistance, al- myself with the comments that have waste, on administration and control though I must say that, usually, in the been made by several people, perhaps in Washington, and not really address- events that JOE attended on my behalf, by the gentleman from Rhode Island ing the real problems that our country people would stampede by me wonder- (Mr. PATRICK KENNEDY). I do not know is facing. ing who the devil that was in the way how he escaped to Rhode Island, but he Tonight I would like to focus on the when they wanted really to get to seems to be quite well entrenched differences, what I consider real dif- where he was and to be able to show there. And also my dean for somewhere ferences, between Republican proposals their love for his father as well as his into the 21st century, the gentleman and the Democrat proposals. I think two uncles and to have a word from the from Massachusetts (Mr. MARKEY), his that one of the problems that we have various experiences that they had had comments along the same lines. is some of the proposals that our col- over a period of time with them earlier. I would say that, indeed, JOE will be leagues from the other side of the aisle, My campaign staff always said that back at some point along the way in particularly those with a liberal bent, what I really ought to do on those one of those roles that has been sug- events was to make certain that I kept gested, and he will still be fighting for are proposing at this stage are ideas and concept whose time have really right at JOE’s elbow. And, of course, if those things he has fought for here I got right at his elbow, then I could openly, and as a happy warrior, with- passed. I think they have old ideas. immediately see the cameras trying to out any quarter given or expected in They have been used to spending more figure out how could they get this bald, those fights along the way. and getting less. toothless person out of the picture that JOE, I want to wish you and Beth the I think we have a different approach. they were taking. very best in that interim period. It has We want to look at new ideas and how, And, of course, secondly, they would been great to have your friendship and with taxpayer dollars, we can get a bet- say, well, get yourself in between Beth your assistance over this period of ter return, spending either the same and JOE. So we tried that. But that did time, and I am very happy to be able to amount of money or increasing it with- not seem very comfortable, because I call you a friend. in the terms of the budget agreement always preferred to go off in a corner Mr. Speaker, I thank all the Members for a balanced budget that we agreed and watch how JOE KENNEDY would who have spoken here tonight. There upon. work a crowd, a crowd of elders or a are many, many other Members that Tonight I would like to talk a little crowd of young people, whoever it hap- would like to be here but have other bit about education, which we have pened to be, and it really it was really commitments. heard bandied about the House Floor a revelation to me of how one should GENERAL LEAVE the last few days. I would like to talk go about campaigning. There I was in Mr. MOAKLEY. Mr. Speaker, I ask about the subject of drug abuse and my own district, but to have JOE come unanimous consent that all Members that problem facing our Nation. in and be able to show how campaign- may have 5 legislative days within If I get the opportunity, I would like ing really ought to be done in the true which to revise and extend their re- to talk a bit about health care reform, Massachusetts and true Kennedy tradi- marks on the tribute to our colleague, which I think health care is a very im- tion, that was certainly something the gentleman from Massachusetts portant issue and particularly a reform that was important for me to know. (Mr. JOE KENNEDY). that is necessary. Various people have said things here The SPEAKER pro tempore (Mr. Let me review for a few minutes, if I about what JOE fought for and what PITTS). Is there objection to the re- may, what has taken place while the H10660 CONGRESSIONAL RECORD — HOUSE October 12, 1998 other side of the aisle controlled this All of these programs have one thing ries, and I chair the Subcommittee on body for the last 40 years. In 40 years, in common. They keep control in Civil Service, one would see most of I believe, the other side was very well Washington. these individuals are earning between intentioned and well meaning, but un- They actually have another thing in $50,000 and $100,000. Imagine the results fortunately run and directed by lib- common that really costs the tax- if that money was sent to each of our erals, again with old ideas, who during payers a great deal and does not con- hundreds of school districts across the that tenure built a very costly and un- tribute much to education, and that is Nation. responsive bureaucracy, particularly in they, in fact, have created huge bu- Again, I think there is a place for a the area of education, which I would reaucracies. Federal Department of Education, but like to address first and then I will Mr. Speaker, the bureaucracies start do we need the mass of bureaucracy talk about several others. right here in Washington with the Fed- that we have created? Again, their I believe, never in the history of eral Department of Education. The number one responsibility is admin- mankind, has there been created a bu- Federal Department of Education has a istering these 788 programs and produc- reaucracy in education that the lib- total of 4,900 full-time employees in the ing the rules, the paperwork and all of erals have come up with for this Na- department. There are 3,600 Federal the other requirements that are cast tion. In 40 years, they have taken Department of Education employees in on our local school boards and our American public education from the buildings here in Washington, D.C.; principals and finally on our class- greatest system to one of the weakest 3,600. rooms. So that is a part of what we are education systems in the world. In the Just imagine if we reduced that num- facing as a Nation and as a Congress. process, they have taken teaching from ber, if we reduced the number of pro- The easy part was done a little over a profession and turned it into a weak- grams, and that is what we have rec- a year ago, when we came up with a ened, common labor and also into an ommended, we have recommended con- balanced budget plan. We know that we endurance contest for those teachers solidating some of the Federal edu- have to limit the amount of increases. who are dedicated and willing to re- cation programs, the duplicate pro- We are increasing, and Republicans main in the classroom. grams. We have recommended that the have increased education funds almost In 40 years, they have also managed money should not go to bureaucrats in in every single area, more money in to take any reverence or acknowledg- the Department of Education. We can scholarships, more money in almost ment of a supreme being out of the have a Department of Education, but every single education program. classroom. do we need 4,900 in the Department of It may not be as much as the Presi- In 40 years, again, these well inten- Education? dent would want or as some of the lib- tioned but, I think, misguided Con- Some might say this number is a lit- erals would want, but we are doing it gressmen and women and liberal jurists tle bit lower than it has been in the in the context of a balanced budget to have taken discipline out of our class- past. What the Department of Edu- limit the increases, not taking in and rooms and replaced teaching with cation has very cleverly done at the then spending more than we have teacher endurance and teacher abuse. Federal level is if they have reduced taken in. In 40 years, they bogged down State the full-time number of employees but Let me say something else about and local authorities in an incredible have an army of nearly 10,000 consult- what has happened under this well morass of red tape, paperwork and end- ants on contract with the Department meaning but somewhat gone askew pol- less regulations. of Education. So we are paying some- icy that has been established by the Let me say also at this point that I where in the neighborhood of 15,000 other side. School funding has more consider myself a very strong advocate Federal bureaucrats and administra- than quadrupled in the past 40 years, of public education. My studies and my tors. Of course, each one of these 788 but teacher salaries have only in- degree at the University of Florida programs need a small host of adminis- creased 43 percent. That is a four-fold were from the School of Education. I trators. increase in the money that we put into am pleased to be married for the past I will never forget in an oversight schools, but less than a 50 percent in- 27 years to an individual who spent hearing, when we had from Detroit a crease for teacher salaries. many, many years as an elementary teacher who came and talked about Where has the money gone? This ar- school teacher, and very devoted to Federal education programs and the ticle was in Investor Business Daily, public teaching and taught in public constraints, the bureaucracy, the rules who did a study in February of this schools. and regulations that had been created. year. The money has gone to the ad- I believe that we have no more im- This teacher was asked the question, ministrative bureaucracies. Con- portant responsibility in our society what is it like trying to deal with these sequently, teachers now barely account than to provide for good, sound and different programs and trying to make for half of the personnel in public useful educational opportunity for your program work? schools. every American. I will never forget what that educa- Listen to that. Where has the money Somehow we have really strayed tor said: Well, it is a little bit like giv- gone for education? It has not gone to away from the right path in public edu- ing birth to a porcupine. That is how the classroom, and it certainly has not cation, and we have destroyed that complicated this morass of Federal gone to the teachers. Let me repeat great system of public education that I regulations is. this again: The money has gone to ad- received and so many Americans had Now, these people in Washington ministrative bureaucracies. Con- access to. All one has to do is ask any must have something to do, and they sequently, teachers now barely account parent, ask any teacher, any principal, have created this incredible maze of for half of the personnel in our public or anyone who takes time to really ob- Federal education bureaucracy. So in schools. So we are not spending money serve education today, and they will order for any of our local officials or in the classroom. hear the same response. our state officials, our local school One of the great debates that we have Let us take just a brief look at what, boards, to get an answer on any edu- had here in Congress was a Republican again, this liberal and misguided Fed- cation program and the morass and proposal that said that money, Federal eral education policy has produced, and reams and pages and pages of Federal money, which only accounts for about I might add it has produced some of the regulations which they now justify 6 percent of all of the money in edu- problems we have at tremendous ex- their positions by producing, they cation, that our Federal money, 95 per- pense to the taxpayer who is paying must go to this maze in Washington, cent of it should go to the classroom the bill for what they have created. D.C. and to the teacher and to the student In 40 years, Democrats have created This maze, one might wonder where and to basic education programs, and 788 Federal education programs. We the rest of these folks are, these 4,900. now that does not happen. That is why have so many programs, it is almost There are 3,600, as I said, in Washing- we have teachers leaving the profes- impossible for Congress to oversee or ton, D.C. The rest are in regional of- sion. That is why teachers are not ade- even count or keep track of all of the fices. There is not one in classrooms. I quately compensated, because of the programs. venture that if one looks at the sala- huge bureaucracy that we have built October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10661 and that we require with this massive And the money is not going into the tail the problem of drug abuse and the administration. classroom, but this mass of regulations heroin deaths and cocaine deaths we That is what part of this debate is is paperwork, is requiring that every- have had with our young people in cen- about, and I am going to talk about one do something other than educate tral Florida, I brought an oversight some specific programs in just a few our children and on a quality basis. So subcommittee in for a hearing in Lake minutes. everyone will tell us the same thing. Mary, Florida, a beautiful area, one of The President wants 100,000 teachers. That is part of what this battle, why the loveliest places in central Florida Mr. Speaker, I would propose that we we are here a couple days late, but that to reside. And we had, in the drug hear- turn that around and we do away with is part of what we are talking about, is ing that I conducted, we had school se- 100,000 administrators. We could start how those taxpayer dollars are spent curity officers, we had school prin- in Washington, D.C., with the army of and how effective these programs are cipals, we had law enforcement, local 15,000. We take over 10,000 on contract for our children. officials, teachers, parents and stu- and another 4,900, then the mass of bu- Mr. Speaker, ask any teacher, again, dents all testify and talk about the reaucracy and administrators that ask any principal or school official, problems of the classroom. must support us to the point where and they will tell us that another prob- I was stunned and the members of over half of school funding now goes for lem is rewarding good teachers, that our panel were stunned that the prin- nonteaching activities. we adequately compensate, we reward, cipal told us that they have lost con- So if we want to do something bene- we hold them in respect, and that we trol of discipline, that the school secu- ficial, why not do away with 100,000 bu- also have a way of eliminating poor rity officer told us that they can do reaucrats. performers. We must do that. nothing about students who violate the I chair the Subcommittee on Civil law in their classroom, because, again, b 2215 Service. In our Federal workforce we of these liberal regulations, rules and What is interesting, too, if one stud- have many people who go to work judicial decisions. They are really cap- ies this, one will find how much these every day and they do a great job, but tive to a classroom that has no dis- administrators make and this bureauc- there are a few folks, just like in Con- cipline. And when that happens, a racy makes as opposed to the teacher gress, except in Congress people get to teacher cannot teach. in the classroom. The teacher, whose vote them and they vote out the poor So this is another problem, again, ultimate responsibility it is to produce performers, unless they subvert the well-intended, but it is something we the students, and we have another process, but eventually they are kicked are trying to address as a new ap- problem with the quality of teachers in out. The same thing we need to do in proach, and it may be tough love like our classroom, not to mention the the classroom. We need to reward good balancing the budget, but until we get compensation, and I will talk about teachers so that the money that we are control of our classrooms and return that in a minute. spending here in Washington that less discipline to the classroom, allow a I come from the State of Florida, and than 6 percent finds its way to the teacher to teach, we will continue to I served in Tallahassee. The only build- teacher and to the classroom, and we have these problems. ing that I think is bigger in Tallahas- reward good teachers, and they have a Again, I point to my suggestion, see, Florida, than the capital, and Tal- mechanism to deal with poor perform- rather than 100,000 bureaucrats start- lahassee is our State capital, the only ers. ing in Washington, Atlanta, Tallahas- building that is bigger I believe than But we have built up such a shield in see and the others that are required, the State capital building or as tall as all of these regulations that it is al- even requiring our school board to have the State capital building is the De- most impossible now and also with the massive administrators to carry partment of Education. So we have returning a profession into a labor posi- out the mandates from Washington, quired the building of a bureaucracy in tion to deal with the poor performers, that we reverse that and that we con- Washington, in regional offices, and a and we have the same problem in our centrate on paying our teachers that good number of these folks that are not Federal workforce. are in the classroom, giving them the in Washington in the Department of It is unfortunate, and we heard these resources for the classrooms, making statistics on the floor, that in some that 95 percent of Federal money, only Education are in regional offices and States teachers who have been tested 6 percent of all the money going into then in State capitals throughout the cannot pass basic tests, and this must education effective. Nation. be addressed, the question of quality What is interesting is we at the Fed- So this is a part of the problem, and teachers in the classroom. So these are eral Government in this Congress only this is part of the battle. The easy part some of the items that need to be ad- supply 6 percent of education money was when we balanced the budget, and dressed. but we provide 90 percent of the rules we were called all kinds of names, and This third item I want to address, and regulations and mandates. That is it was going to be the end of civiliza- and, again, this is one of the problems why we have had this loud cry across tion as we knew it. But all we said is I hear recurring everywhere I go. Every the land for charter schools. Enough is we are not going to take in and then teacher mentions it, every principal enough. Let us run our schools. spend more than we take in. It was a mentions it, everyone who deals with The problem again we have is people simple plan, and it worked, and it did education today. The problem of dis- in Washington think they know it all. balance the budget in record time. Now cipline in our classrooms. Here, again, That folks at the local level are too the tough part is improving these pro- these regulators have passed an incred- dumb, too ignorant, incapable. They grams and getting quality, putting in ible maze of regulations. That is their cannot run their own schools. They dollars and getting a better return. job. They have passed all of these regu- cannot educate. The decisions have to Now I ask any member of this body lations, and we have liberal Members of be made here. The power must stay to sit down and talk with teachers, Congress who side with liberal jurors, here. And that is basically what this principals and school officials and see and there is no longer discipline, there whole battle is about, is who controls what some of the basic problems are is no longer respect, there is no longer the purse strings and the power. That with education today. And those indi- order. How can a teacher teach without is why we are here late into the viduals will all tell us the same thing. discipline in the classroom? evening, that is why the appropriators First, they will tell us that there is a One of my district staff member’s are still meeting, because it is a ques- need for fewer regulations and paper- teacher is a teacher in central Florida. tion of power and control and changing work. I met with our school super- She has been attacked twice, and I am all of that from up here in Washington intendent, one of them, last week, and not talking about a school that is in to the local school boards. they will tell us that the regulations, Detroit or an urban setting or New Finally, I think it is important that the edicts, the mandates from Wash- York or Los Angeles. I am talking we look at the results that 40 years ington, D.C., that go to the State cap- about a suburban setting. She was have brought us. Again, I am a strong itals and on to our local school board physically attacked, twice. advocate of public education. I at- are financially bankrupting our local I brought into central Florida, be- tended public schools, my children at- school system. cause of my interest in trying to cur- tended public schools, and we have to H10662 CONGRESSIONAL RECORD — HOUSE October 12, 1998 look at the incredible amount of b 2230 students who were stuck in school sys- money we are putting into the system, While the Republican majority tries tems that just do not work, or do not and then what the results are that we to always speak out for parents, stu- fit into this maze of regulations and are getting. dents, and teachers, the other side re- this square box that the bureaucrats in Here are some of the results after 40 mains mired in the politics and the Washington have created. years: policies and the approach of the past. I think that we have done an excel- Reading test scores. Reading is fun- They end up defending groups and or- lent job in framing the issues here in damental, absolutely basic. Mr. Speak- ganizations who are intent on keeping Washington. What we have not done, I er, 60 percent of 12th graders cannot the status quo in education. think, is gotten our word out to the read at a proficient level. That is abso- The most important thing we can do, American people about what we intend lutely astounding. I believe, is again, getting funds to the to do in these different programs. That Mathematics test scores. The average classroom. We have a very specific pro- is sometimes because of the shrill rhet- score for eighth grade United States posal to do that, as I said, through this oric of the other side. students on the math portion of the proposed consolidation. We also have I want to also talk tonight in the third international math and science another proposal for increased parental field of education about one of the study was 500, 13 points below the control. Funds from this legislation areas I have tried to improve in the international average of 513. At least 20 can be used for a wide variety of activi- committee. Again, under the gen- countries scored higher than the ties, including new technology, in- tleman from Pennsylvania (Mr. GOOD- United States. structional materials, education re- LING), the Committee on Education and Science test scores. How important form, and professional development. the Workforce has done an incredible for the future. The average score for Individual school districts will be able job in improving education, and part of eighth grade U.S. students on the to work with parents to select what ac- that, again, is the battle that is being science portion of the third inter- tivities are best suited to their commu- waged here about what gets put in the national mathematics and science nities and to their needs. final product. study was 534. Some countries, such as This is a unique approach. Rather I want to talk about Head Start. I Singapore, Japan, and Korea achieved than Washington telling them what consider myself one of the strongest scores of over 600. they must do, they will be partners in advocates of Head Start, and any pro- History test scores. Only 17 percent deciding what is done. In fact, if local gram, education program, that will of fourth graders, 14 percent of eighth communities are happy with their cur- take the neediest children in our soci- graders, and 11 percent of twelfth grad- rent programs, this legislation does not ety and give them an opportunity to ers, that is graduation level, are pro- require that they make any changes at have an advantage, particularly those ficient in history. all. So these are some of the proposals who are needy, those who are disadvan- Scholastic Assessment Test scores, that we have made, again, trying to taged, and to give them every oppor- commonly known as SATs. In the 1994– improve the quality and get dollars to tunity to succeed in our educational 1995 school year, 41 percent of the grad- the classroom. system. uates took the SAT test. Of those, the Mr. Speaker, let me go over a couple Long before they created Head Start, average combined score was 910. This of the other proposals that we have I was involved in a Head Start program has dropped from 937, the average score made. I want to repeat them, although in a local community where I went to in 1972. Members have heard the gentleman college. And again, I was in the School Let me tell my colleagues another from Pennsylvania (Mr. GOODLING), of Education at the University of Flor- who has done an incredible job leading appalling statistic in my State, in my ida. If we look at disadvantaged stu- the committee of jurisdiction, and locale. Across the Nation, those enter- dents, if we look at students that are other Members talk about them. But ing our community colleges, of those needy, that do not have educational op- let me reiterate some of the things entering freshman, over 50 percent re- portunities, we must realize as a soci- that the Republican Congress is doing quire remedial education. One of my ety that we are creating our future to improve educational opportunities community colleges, the president of problems in society if we do not ad- the community college told me it is 70 for all Americans. First, we have improved our public dress their needs. We must correct percent of his entering freshmen. And schools by sending more money to the them at the earliest possible age and this failure of education costs us classroom for teachers, for computers, stage, because that is when they learn money. for safer buildings, and for teacher the basics and fundamentals: reading, Here is an article recently from cen- testing. Again, we have sent the money writing, mathematics, all of these tral Florida, Orlando, Too Many Stu- there. foundation skills that are so impor- dents, the headline is, Not Learning We had a great proposal in the tax tant. Basics. The State is spending $52 mil- bill which the President threatened to So I became involved early on. I sup- lion on remedial education, just to veto which was also to allow for local port Head Start. The concept is great. bring community college students up school bonds to be issued and some tax But unfortunately, what has happened to speed. credits for additional school construc- is what has happened with the bureauc- Now, it would be easy to come and tion. As we know, there are needs for racy I described here, and this chart just criticize what has been done in the additional classrooms, but we want to could be used to describe the bureauc- past, but I think it is important that work as a partner and allow the racy we have created in Head Start. we look at what our side, the Repub- schools to take advantage of Federal The same thing has happened. lican majority, has proposed in the assistance, rather than dictate what is I have testified before the Committee field of education. First of all, again, done in each of these school jurisdic- on Education and the Workforce in this this mass of hundreds and hundreds of tions. Congress and in former Congresses to highly bureaucratic, expensive-to-ad- We made college more available and try to explain the need to assist com- ministrate 788 programs. Our Dollars affordable to all students through tui- munities such as my community, and to the Classroom Act consolidates 31 tion tax credits. We have created also one of the Head Start programs in my Federal education programs into a sin- through our policies the lowest student community, with the need for flexibil- gle flexible grant program for States loan interest rate in 17 years. We have ity; the need to address, again, areas of and communities. The legislation will lived up to our commitment to special our country which have needs but do provide $2.74 billion funding for local education by taking money away from not fit into that Washington bureau- schools. Instead of, again, increasing Washington bureaucrats and sending it cratic mold. money for bureaucrats in Washington, to our children’s classrooms across the Let me say that the Republican ma- our Republican majority’s plan elimi- Nation to improve the quality of their jority has funded Head Start at its nates a tangled web of red tape, which instruction and their learning oppor- highest levels, and our FY 1999 appro- ensures that tax dollars will really tunity for all children. priations bill will have more than $150 reach our individual students, our We tried to give opportunities and million. I am sure when the final fig- classrooms and our teachers. choice, and make them available to ures are in it will have an increase, and October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10663 that is important. It is not just how program is nearly $6,800. The very best nicate for different purposes, they un- much money we throw into these pro- private preschool program in my dis- derstand and use increasingly complex grams or put into these programs, it is trict I could send a child to, and it has and varied vocabulary, they develop what happens with the programs, what longer hours than the program that and demonstrate an appreciation for results do we get from the programs. currently exists, which would benefit books, and in the case of non English I had a parent come to me several the single working mother, because speaking children, progress towards ac- years ago who alerted me about one sometimes they cannot get their child quisition of the English language. Head Start program in central Florida. out of school in the middle of the day I think back to my grandparents, all I might say that there are many Head when the Head Start program ends. of whom were immigrants. If their chil- Start programs that work very well. How does it make sense to have that dren had gone to public schools and We may or may not need to make many administrators? I begged and they had not been given the opportuni- changes in some of these programs. pleaded with the committee and with ties we are talking about here and the I have advocated a change as far as the bureaucrats to change this. Unfor- exposure, if we had put them into an- the quality of opportunity, the quality tunately, they would not change this. other immigrant or minority setting, if of the Head Start program. I am very They granted us very little flexibility. we had not exposed them to the lan- pleased that the Republican majority, But this is exactly what this argument guage skills, if we had not given them with some help from others on the is about. It is how many bureaucrats, the opportunity to learn English, other side of the aisle, we will incor- how many folks we can mandate from where would my parents and others in porate some of my recommendations Washington, and they do not want to my family have gone? into improving Head Start. Let me give give any flexibility. We built this into b 2245 the Members a great example of how a great little bureaucracy; not a little this program does not work the way it bureaucracy, unfortunately, but a big So, we have lost track of where we was intended everywhere. bureaucracy. Who gets the disadvan- wanted to go with this program. We, as Again, I had a mother come to me tage from this? It is those children Republicans, want to bring account- and alerted me about a program. She that need it the most. We are spending ability. We want to bring quality to was a single parent, a very smart lady, the money on overhead, not on class- Head Start. We support Head Start. We and wise to put her children, her two rooms. will fund Head Start. But the battle is children, into this program. Her hus- Let us look at the teachers who earn, about how the dollars are expended and band had departed and left her with the so-called teachers, from $12,000 to what are the results with taxpayer dol- children. She wanted to give them $18,000. I won part of this battle, but lars. Because there are many Ameri- every opportunity. She put them into a they fought us tooth and nail. We are cans who work very hard to send their Head Start program, and then she was demanding quality in these Head Start money to Washington. They want that on the local advisory council. She programs so that that disadvantaged money spent on programs that assist started looking at what was going on child has the best opportunity. those most in need. with this Head Start program. I will tell the Members, this is not all We are a very compassionate society Two of my counties, actually, one in of the Head Start programs, and we and we have a responsibility because, my district and one in another congres- must sort through them to make cer- again, those children, if they do not de- sional district, have so few students tain that we have quality. But when I velop these skills, they will be our dis- that they cannot make a total program went into some of those programs, I cipline problems, they will be our that meets all the requirements of the saw that the students there did not learning problems, they will be our Federal Head Start. Again, there are have the best opportunity. They did dropout problems, they will be our these regulations and mandates. So not have opportunities to the best ex- crime problems, and we will pay for they came together, even though they posure. them at the other end. are miles and miles apart, and it does So if we take them out of a tough So, it is important that we fund via- not make much sense, but that is the setting, a setting where they are not ble Head Start programs. That we have way we have to do it in order to par- exposed to the culture, to the edu- flexibility, but we also have account- ticipate. cation, to other opportunities, lan- ability. That we reach out. We are now This parent asked me to look into guage skills, and we put them back serving in Head Start 830,000 students. what was going on in the Head Start into that in some type of a minority With just a little bit of flexibility in program. I got a copy of the budget. I hiring program, what have we done to my community, if they had granted me visited all the Head Start programs in these students? We have done them a that flexibility, I could have sent half my district. I visited the private school great disadvantage. the kids to the best preschool programs programs. I got a copy of their budget. So this has been one of the great, and sent the other half to any program I have a copy of their budget. fundamental debates that is going on of their choice, if they had granted us The budget for this Head Start pro- here. It is not just about dollars or a little bit of flexibility. gram requires over 20 administrative or number of dollars into these programs, So, instead of serving 500, we could bureaucratic positions, and some may it is about the quality of the programs, have served a thousand. But, again, be necessary. There are various edu- how the taxpayer dollar is spent, to this need to control things here in cation coordinators, family services co- give the flexibility. There are small Washington, to maintain the bureauc- ordinators, nutrition coordinators. districts and there are small areas in racy, the control, and set all these reg- Someone has to decide whether you rural areas with disadvantaged stu- ulations in one box, whether they serve have a lot of peanut butter or too much dents who have no opportunity to par- Central Florida or a rural area in jelly, but they require all of these ticipate because they cannot afford the Texas or Michigan or whenever, they folks, and they may all be necessary administrative overhead that this re- did not want to do that. positions, some of them, but we have quires. They would not grant us the So, that is what this fight is about 20-some administrators. We have 18 flexibility to do that. tonight. The battle is not because Re- teachers, so-called teachers in the pro- We did get some concessions. Let me publicans do not care about education. gram. describe some of them in the legisla- In fact, the battle is because Repub- The teachers in the Head Start pro- tion that will pass, I hope. We have licans care about education and they gram make from $12,000 to $18,000. Here provisions, and our side insisted on lan- care that in fact we are not getting a is the list of their salaries. I should say guage and literacy growth assistance return for our tax dollars. it starts at $11,618. The administrators for children. We proposed new edu- I would like to also take an oppor- make from, well, the lowest one I can cation performance standards and tunity to talk tonight about another find here is $17,000 up to $50,000. I have measures. We are asking for legislation issue which I think is very important. in this program less than 500 students, that ensures that children, and listen We have heard the other side talk and I have over 20 administrators earn- to this, that they develop print and about children and how they are con- ing from $17,000 to $50,000 to administer numeracy awareness, that they under- cerned about children and care about this program. The cost per pupil in this stand and use oral language to commu- children. I think it is an area that we H10664 CONGRESSIONAL RECORD — HOUSE October 12, 1998 need to talk about as Republicans, as munities across our land dealing with Our intent again is to do the very majority members. drug abuse and misuse. It is an incred- best job for the people who sent us here I came to this Congress, Mr. Speaker, ible sad commentary on this adminis- with their hard-earned tax dollars. So in 1992 when Bill Clinton was elected tration. as I conclude, I thank the Speaker for President. When Bill Clinton was elect- And also I am concerned about the his indulgence this evening. It is my ed President, he began a dismantling of American people when they have a cou- prayer and hope that we can work to- our drug enforcement programs. I ple of dollars in their pockets that they gether to resolve these differences; spoke more than any other Member on do not care or express concern or out- that we can learn from the mistakes the floor of the House and in commit- rage that this is allowed to go on. And that have been made in the past; that tee about what was going on. it affects them in every community, we can come together in the best inter- Bill Clinton dismantled interdiction. because crime is tied into this drug use est of the American people, the chil- He dismantled use of the military. He and abuse in every one of our commu- dren that are talked about so much, dismantled the Andean strategy to nities. whether it is education or drug policy stop the drugs at their source. He hired It is particularly affecting our young and resolve these source social prob- Joycelyn Elders, the infamous Surgeon people. Again, this administration has lems facing our Nation. General, our chief health officer, who ignored any hard steps in this fight. f said ‘‘Just say maybe’’ to our children. Now, today, they are still fighting us, He took the Coast Guard and the mili- as the gentleman from Illinois (Mr. ISSUES OF VITAL IMPORTANCE TO tary out of our fight in the war on HASTERT), the chairman of our Sub- THE U.S. VIRGIN ISLANDS drugs. Just one disaster after another, committee on National Security, Inter- The SPEAKER pro tempore. Under a and we are paying for it today. national Affairs, and Criminal Justice previous order of the House, the gentle- We have the highest incidence of is fighting to put the dollars that we woman from the Virgin Islands (Ms. drug use and abuse, particularly among need to stop, in a most cost-effective CHRISTIAN-GREEN) is recognized for 5 our children, that this Nation has ever way, drugs at their source. minutes. seen. From 1992 to present, the statis- We know where the cocaine comes Ms. CHRISTIAN-GREEN. Mr. Speak- tics for heroin, cocaine, from. It is coming from Bolivia. It is er, I come from a part of this great methamphetamines, hard drugs has coming from Peru. It is coming from country that is known as America’s skyrocketed. Colombia. And there is no reason why Paradise and for its natural beauty, its In today’s paper, in the Washington we do not have the resources, the dol- comfortable climate, and its hospitable Times, there is a big article about co- lars spent there to stop drugs at their people. But, Mr. Speaker, today the caine cartels taking on a new product, source or in interdiction where we can U.S. Virgin Islands is becoming a para- heroin. Heroin that has killed so many stop them. Trying to catch them when dise lost. So, in these final hours of the in my district. Let me read what Tom they get into our communities is like 105th Congress, I rise to once again Constantine, the Drug Enforcement going out on the lawn and having a draw its attention to some issues of Administrator, said in this article. And lawn sprinkler and running around critical importance to my territory I quote, with cans trying to catch all the sprin- and to make this final plea for support ‘‘For years we have seen a hard-core, older kles. We will never do it in that fash- and enactment. population of approximately 600,000 heroin ion, but we can restore the cuts that First is the issue of the excise tax on addicts. Today, we are seeing 11th and 12th were made in 1993 through 1995 that de- Virgin Islands-produced rum, although graders turning to heroin. These initiates stroyed our ability to repel drugs at I must tell my colleagues that this also are at the outset of a long, downward spiral our source. applies to Puerto Rico. By law, all of into hard-core addiction or death.’’ That is why we are here. We are here the excise taxes on this rum is to be re- That is what has happened. In every to improve education. We are here to turned to the territory. But, Mr. area, our young people, some in the el- correct the mistakes of 40 years. Again, Speaker, we have never received the ementary schools, are now exposed to well-intended but misguided, and very full ‘‘cover over’’ as it is called. hard drugs, cocaine, heroin, liberal solutions which have gotten us In the early 1980s, it was agreed that methamphetamines. We have 15,000 into a fix in education that appalls the full 100 percent would be returned. deaths, many of them teens. I come every teacher, every parent, and every But, due to problems unrelated to the from Central Florida. I have held this American who takes a serious look at Virgin Islands and long since resolved, up many times on the floor of the public education today. it was never realized. Up until 5 years House, Orlando number two in cocaine We are here because we are having a ago, we received only 77 percent of deaths. Long out of sight, heroin is battle over where we put our resources. those taxes. At that time it was in- back killing teens. We have lost nearly Do we put our resources in failed pro- creased to 80 percent, but only through two dozen teens in Central Florida to grams? Do we put our resources in pro- this fiscal year 1998. drug—heroin and cocaine—abuse just grams that are cost-effective that stop In this year’s budget submitted by in the last year or so. It is almost be- drugs at their source, that restore the the President, funds were provided to coming routine to see our young people cuts in the Coast Guard that bring the fully correct this and return the full dying. military back into this battle so we amount to the Virgin Islands and to Let me tell my colleagues what the stop heroin, cocaine and hard drugs be- Puerto Rico, but this has still not been Republicans have done. During the fore they ever reach our shores? passed nor has it been assured. If noth- Democrat administration, we held one We have 2 million Americans in jail, ing is done to extend the return at its hearing on the national drug policy and any sheriff or any law enforcement current level, or hopefully at the full and that was closed within an hour and official will say that between 60 and 70 100 percent, it will revert. The terri- I was denied the opportunity to speak. percent of those folks are in prison at tory would lose badly-needed revenue, Under the leadership of the Republican great public expense because of drug and this would further jeopardize our Majority, we have held over 50 hearings abuse and misuse. already troubled economy because we on our national drug policy. Part of the So, my colleagues again we come be- depend on it for needed capital projects battle and part of the reason we are fore the American people. We are wind- and bond repayments. here is we wanted 3 additional billion ing down. Some of the easier bills are The second issue is one that is also dollars to reorganize and reinstitute behind us. We have 13 bills to fund the important to the people of Puerto Rico the programs that were cut, the inter- government to make our system of as it is to my own constituents in the diction programs that were cut, the government work. 13 bills. Eight or Virgin Islands. It is the provision of in- source country programs, the involve- nine of them have been decided upon. surance to meet the health care needs ment of the military and the Coast The tough ones are still to go. But they of our children. This too has been in- Guard that were cut by this President. are very important and they are very cluded and was fully offset in the budg- Mr. Speaker, that is why we are here important differences in the American et sent to the Congress in 1997, and tonight, because there is a major battle people and every colleague should again in this year. Last year, the fund- looming on the streets and in the com- know those differences. ing was cut back to one-sixth of what October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10665 was initially proposed. Unfortunately, Mr. MILLER of California. Mr. support, and also in creating the kind the health needs of our children did not Speaker, I yield myself such time as I of private/public partnership that we so commensurately reduce. may consume. often say we want. (Mr. MILLER of California asked and Mr. Speaker, I yield back the balance b 2300 was given permission to revise and ex- of my time. All we ask is that this year’s chip be tend his remarks.) Mr. SAXTON. Mr. Speaker, I have no fully funded at the proposed level and Mr. MILLER of California. Mr. further speakers at this time, and I that no American child be left behind Speaker, it is with a great deal of re- yield back the balance of my time. for any reason and surely not just be- gret that I object to the passage of S. The SPEAKER pro tempore (Mr. cause of where he or she lives. 2095 as amended by our counterparts on BRADY of Texas). The question is on There is one more issue that I would the other side of the aisle. the motion offered by the gentleman like to address to this as well as to the Historically, the excellent programs from New Jersey (Mr. SAXTON) that the other body. That is also to ask for in- of the National Fish and Wildlife Foun- House suspend the rules and pass the clusion of the miscellaneous tariff bill dation have had strong support of Senate bill, S. 2095, as amended. in the final budget agreement. This Members of Congress on both sides of The question was taken. was a part of the proposed 1999 budget the aisle since the foundation’s incep- Mr. MILLER of California. Mr. and its budgetary impact is negligible. tion in 1984. I supported similar legisla- Speaker, I object to the vote on the Mr. Speaker, included in this bill is tion to this as introduced and as re- ground that a quorum is not present an extension of a provision that would ported by the Subcommittee on Fish- and make the point of order that a save our watch industry and badly eries Conservation, Wildlife and Oceans quorum is not present. needed jobs, particularly on my home last October. The SPEAKER pro tempore. Pursu- island of St. Croix. All of these pro- Unfortunately, the amendments ant to clause 5, rule I, and the Chair’s grams represent minuscule dollars in adopted by the Committee on Re- prior announcement, further proceed- the larger scheme, but to my district, sources that have now been attached to ings on this motion will be postponed. which has been buffeted by storm after this Senate bill have transformed what The point of no quorum is considered storm, they have enormous impact. would have been a straightforward re- withdrawn. Mr. Speaker, many of the districts authorization of a popular program f represented in this House have been, into a partisan platform for objectives all of them have been experiencing an to undermine the Endangered Species SPECIAL ORDERS GRANTED economic boom, while ours, largely be- Act. By unanimous consent, permission to cause of repeated natural disasters, is In particular, the amendment adopt- address the House, following the legis- languishing. ed by the committee which is now at- lative program and any special orders Let me interject a word here about tached to this bill would prohibit the heretofore entered, was granted to: the latest hurricane to hit us, Georges, foundation from funding any activities (The following Members (at the re- because not much has been said in the related to the reintroduction of the quest of Mr. MCNULTY) to revise and national press about its impact on the wolves or the grizzly bears in Idaho, extend their remarks and include ex- Virgin Islands. For us, as in other parts Montana, Utah and Wyoming. While traneous material:) of the Caribbean and the United States, this may seem like a narrow exception, Mrs. TAUSCHER, for 5 minutes, today. Hurricane Georges was a major hurri- it seriously undermines the fundamen- Ms. PELOSI, for 5 minutes, today. cane that affected all four of our is- tal integrity of the foundation’s ability Mrs. CLAYTON, for 5 minutes, today. lands. However, because we have to do its job. Mrs. CAPPS, for 5 minutes, today. learned from the past and with FEMA’s The National Fish and Wildlife Foun- Mr. BECERRA, for 5 minutes, today. help applied those lessons successfully, dation is an established, competitive Mr. CONYERS, for 5 minutes, today. our damages, though quite disruptive grant-making organization with a long Mr. ABERCROMBIE, for 5 minutes, to our lives, were minimized and our history of funding successful conserva- today. recovery is moving steadily ahead. But tion programs throughout the United Mr. MINGE, for 5 minutes, today. we cannot fully rebound and take up a States. The amendment that has been Mr. PALLONE, for 5 minutes, today. path of economic revitalization and established to this legislation really (The following Members (at the re- sustainable growth without the help questions whether Congress should now quest of Mr. ROGAN) to revise and ex- that these three programs would pro- be getting into the second-guessing of tend their remarks and include extra- vide. So we ask that all be included in these programs. neous material:) the final budget package. Let me say that the foundation has Mr. MORAN of Kansas, for 5 minutes, The rum excise taxes so that we can not funded any grizzly bear reintroduc- today. continue to build, the children’s health tion efforts, though it has funded re- Mr. RIGGS, for 5 minutes, today. insurance dollars to help our families search and education programs on the Mr. MANZULLO, for 5 minutes, today. and alleviate the burden on our Medic- prevention of human being/grizzly bear Mr. COBURN, for 5 minutes, today. aid capped government, and the lifeline interactions. In addition, the founda- Mr. SANFORD, for 5 minutes, today. needed by our otherwise dying watch tion was awarded less than $100,000 Mr. SNYDER, for 5 minutes, today. industry. worth of projects related to the re- Mr. PETERSON of Pennsylvania, for 5 I want to join my colleagues who introduction of wolves. minutes, today. spoke earlier in thanking Congressman For those reasons, I reluctantly op- (The following Member (at her own JOE KENNEDY for his contributions to pose this legislation, because this has request) to revise and extend her re- this House and this country and to been an outstanding organization, with marks and include extraneous mate- wish him well as he leaves to continue many, many people who have served on rial:) what I know will be a life of service to the board of directors, who have given Mrs. MALONEY of New York, for 5 all of us. an inordinate amount of time and minutes, today. f money and have secured really signifi- (The following Member (at her own cant amounts of private contributions request) to revise and extend her re- OMMISSION FROM THE CONGRES- to the ongoing efforts of both the pro- marks and include extraneous mate- SIONAL RECORD OF OCTOBER 10, grams sponsored by the Federal gov- rial:) 1998 ernment, State governments, local gov- Ms. CHRISTIAN-GREEN for 5 minutes A portion of the following debate was ernments and the private sector. today. inadvertently omitted from the CON- I would hope that we would not now f GRESSIONAL RECORD of October, 10, 1998: start trying to micromanage this agency with Congressional amendments, ENROLLED BILL AND JOINT b 1815 given their track record of success both RESOLUTION SIGNED Mr. Speaker, I reserve the balance of in creating programs that are highly Mr. THOMAS, from the Committee my time. successful, with a great deal of local on House Oversight, reported that that H10666 CONGRESSIONAL RECORD — HOUSE October 12, 1998 committee had examined and found rule—Long-Range Financial Forecasts of down of articles and services from the inven- truly enrolled bills of the House of the Electric Borrowers (RIN: 0572–AA89) received tory and resources of the Departments of De- following titles, which were thereupon October 8, 1998, pursuant to 5 U.S.C. fense, State, Justice, the Treasury, and signed by the Speaker: 801(a)(1)(A); to the Committee on Agri- Transportation, and military education and culture. training from the Department of Defense, to H.R. 1659. An act to provide for the expedi- 11652. A letter from the Administrator, provide counternarcotics assistance to Co- tious completion of the acquisition of pri- Rural Development, Department of Agri- lombia, Peru, Bolivia, Brazil, Ecuador, Mex- vate mineral interests within the Mount St. culture, transmitting the Department’s final ico, Guatemala, Honduras, Jamaica, Domini- Helens National Volcanic Monument man- rule—Year 2000 Compliance: Electric Pro- can Republic, Trinidad and Tobago, and the dated by the 1982 Act that established the gram [7 CFR Parts 1710 and 1726] received Oc- countries of the Eastern Caribbean Regional monument, and for other purposes. tober 8, 1998, pursuant to 5 U.S.C. Security System (Presidential Determina- H.J. Res.: 134. Joint resolution making fur- 801(a)(1)(A); to the Committee on Agri- tion 98–41), pursuant to 22 U.S.C. 2364(a)(1); to ther continuing appropriations for the fiscal culture. the Committee on International Relations. year 1999, and for other purposes. 11653. A letter from the Chairman, the 11663. A letter from the Assistant Sec- f Board of Governors of the Federal Reserve retary for Legislative Affairs, Department of System, transmitting the ninth annual re- State, transmitting certification for FY 1999 JOINT RESOLUTIONS PRESENTED port on the assessment of the Profitability of that no United Nations agency or United Na- TO THE PRESIDENT Credit Card Operations of Depository Insti- tions affiliated agency grants any official tutions, pursuant to 15 U.S.C. 1637; to the Mr. THOMAS, from the Committee status, accreditation, or recognition to any Committee on Banking and Financial Serv- organization which promotes and condones on House Oversight, reported that that ices. or seeks the legalization of pedophilia, or committee did on this day present to 11654. A letter from the Clerk, District of which includes as a subsidiary or member the President, for his approval, joint Columbia Circuit, United States Court of Ap- any such organization, pursuant to Public resolutions of the House of the follow- peals, transmitting an opinion of the United Law 103—236; to the Committee on Inter- ing titles: States Court of Appeals for the District of national Relations. Columbia Circuit, No. 97–1250—Larry Hice v. 11664. A letter from the Chief Counsel, Of- H.J. Res. 131. Waiving certain enrollment Director, Office of Worker’s Compensation fice of Foreign Assets Control, Department requirements for the remainder of the One Programs, United States Department of of Treasury, transmitting the Department’s Hundred Fifth Congress with respect to any Labor and Electrospace Systems, Inc.; to the final rule—Federal Republic of Yugoslavia bill or joint resolution making general or Committee on Education and the Workforce. (Serbia and Montenegro) Kosovo Sanctions continuing appropriations for fiscal year 11655. A letter from the Director, Office of Regulations [31 CFR Part 586] received Octo- 1999. Rulemaking Coordination, Department of ber 8, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); H.J. Res. 134. Making further continuing Energy, transmitting the Department’s final to the Committee on International Rela- appropriations for the fiscal year 1999, and rule—Energy Conservation Program for Con- tions. for other purposes. sumer Products; Energy Conservation Stand- 11665. A letter from the Secretary of De- f ards for Electric Cooking Products (Electric fense, transmitting a report on the proposed Cooktops, Electric Self-Cleaning-Ovens, and obligation of up to $53.4 million to imple- ADJOURNMENT Microwave Ovens) [Docket Number EE–RM– ment the Cooperative Threat Reduction Mr. MICA. Mr. Speaker, I move that S–97–700] (RIN: 1904–AA84) received October (CTR) Program under the FY 1998 Depart- the House do now adjourn. 8, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ment of Defense Appropriations Act, Public The motion was agreed to; accord- the Committee on Commerce. Law 105–56, pursuant to Public Law 104—106; 11656. A letter from the Director, Office of ingly (at 11 o’clock and 1 minute p.m.), to the Committee on International Rela- Rulemaking Coordination, Department of tions. under its previous order, the House ad- Energy, transmitting the Department’s final 11666. A letter from the Director, Executive journed until Tuesday, October 13, 1998, rule—Personnel Assurance Program (RIN: Office for Immigration Review, Department at 9 a.m. for morning hour debates. 1992–AA14) [Docket No. DP–RM–97–100] re- of Justice, transmitting the Department’s f ceived October 8, 1998, pursuant to 5 U.S.C. final rule—Executive Office for Immigration 801(a)(1)(A); to the Committee on Commerce. Review, Board of Immigration Appeals; 18 EXECUTIVE COMMUNICATIONS, 11657. A letter from the Director, Office of Board Members [EOIR No. 123F; AG Order ETC. Rulemaking Coordination, Department of No. 2180–98] (RIN: 1125–AA24) received Octo- Energy, transmitting the Department’s final ber 8, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Under clause 2 of rule XXIV, execu- rule—Price Competitive Sale of Strategic to the Committee on the Judiciary. tive communications were taken from Petroleum Reserve Petroleum; Standard 11667. A letter from the Deputy Executive the Speaker’s table and referred as fol- Sales Provisions (RIN Number: 1901–AA81) Director, Reserve Officers Association, lows: received October 8, 1998, pursuant to 5 U.S.C. transmitting a copy of the Report of Audit [Executive Communications Re-Referred: 801(a)(1)(A); to the Committee on Commerce. for the year ending 31 March 1997 of the Asso- 11658. A letter from the Chairman, Federal E10,321, E10,322, and Memorial 303] ciation’s accounts, pursuant to 36 U.S.C. Communications Commission, transmitting 1101(41) and 1103; to the Committee on the 10321. A letter from the Administrator, Ag- the Commission’s Third Annual Report and Judiciary. ricultural Marketing Service, Department of Analysis on Competitive Market Conditions 11668. A letter from the Chairman, United Agriculture, transmitting the Department’s With Respect to Commercial Mobile Serv- States Sentencing Commission, transmitting final rule—Irish Potatoes Grown in Colorado; ices, pursuant to 47 U.S.C. 332(c)(1)(C); to the an amendment to the sentencing guidelines Decreased Assessment Rate [Docket No. Committee on Commerce. which enhances penalties for fraudulent tele- FV98–948–1 IFR] Received July 23, 1998, pur- 11659. A letter from the Chairman, Nuclear marketing schemes and other similar of- suant to 5 U.S.C. 801(a)(1)(A); referred to the Regulatory Commission, transmitting The fenses, pursuant to Public Law 105–184; to the Committee on Agriculture. July 27, 1998. Price-Anderson Act-Crossing the Bridge to Committee on the Judiciary. 10322. A letter from the Administrator, Ag- the Next Century: A Report to Congress; to 11669. A letter from the Acting Deputy Di- ricultural Marketing Service, Department of the Committee on Commerce. rector, National Institute of Standards and Agriculture, transmitting the Department’s 11660. A letter from the Acting Director, Technology, Department of Commerce, final rule—Fresh Bartlett Pears Grown in Defense Security Agency, transmitting noti- transmitting the Department’s final rule— Oregon and Washington; Decreased Assess- fication concerning the Department of the Upgrading of the American Society of Crime ment Rate [Docket No. FV98–931–1 IFR] Re- Air Force’s proposed Letter(s) of Offer and Laboratory Directors/Laboratory Accredita- ceived July 23, 1998, pursuant to 5 U.S.C. Acceptance (LOA) to Greece for defense arti- tion Board (ASCLD/LAB) Accreditation Man- 801(a)(1)(A); referred to the Committee on cles and services (Transmittal No. 98–47), ual (Docket Number 980722187–8187–01) (RIN: Agriculture. July 27, 1998. pursuant to 22 U.S.C. 2776(b); to the Commit- 0693–ZA21) received September 26, 1998, pur- 303. By the SPEAKER: A memorial of the tee on International Relations. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Legislature of the State of Idaho, relative to 11661. A letter from the Acting Director, tee on Science. House Joint Memorial No. 10 memorializing Defense Security Assistance Agency, trans- 11670. A letter from the Secretary of Labor, the recognition of state and county rights- mitting notification concerning the Depart- transmitting a report on the labor market of-way under Revised Statute 2477 and take ment of the Army’s proposed Letter(s) of situation for certain disabled veterans and appropriate action to invalidate the pro- Offer and Acceptance (LOA) to Greece for de- Vietnam Theater veterans, pursuant to 38 posed policy change for forest roadless areas; fense articles and services (Transmittal No. U.S.C. 2010A; to the Committee on Veterans’ jointly, to the Committees on Agriculture 98–38), pursuant to 22 U.S.C. 2776(b); to the Affairs. and Resources. May 4, 1998. Committee on International Relations. 11671. A letter from the Chairman, United 11662. A letter from the Assistant Sec- States International Trade Commission, 11651. A letter from the Administrator, retary for Legislative Affairs, Department of transmitting the combined report on the Rural Development, Department of Agri- State, transmitting notification of decisions Caribbean Basin Economic Recovery Act— culture, transmitting the Department’s final made by the President regarding the draw- Impact on the United States, and the Andean October 12, 1998 CONGRESSIONAL RECORD — HOUSE H10667 Trade Preference Act—Impact on the United designation of additional wilderness lands in By Mr. JONES (for himself and Mr. States, pursuant to 19 U.S.C. 3204; to the the eastern United States; with an amend- BURR of North Carolina): Committee on Ways and Means. ment (Rept. 105–814). Referred to the Com- H.R. 4813. A bill to amend the Communica- 11672. A letter from the Acting Assistant mittee of the Whole House on the State of tions Act of 1934 to protect critical infra- Secretary for Import Administration, Direc- the Union. structure radio systems from interference tor, Office of Insular Affairs, Department of Mr. YOUNG of Alaska: Committee on Re- and to promote efficient spectrum manage- Commerce, Department of the Interior, sources. H.R. 4023. A bill to provide for the ment of the private land mobile radio bands, transmitting the Department’s final rule— conveyance of the Forest Service property in and for other purposes; to the Committee on Limit On Duty-Free Insular Watches In Cal- Kern County, California, in exchange for Commerce. endar Year 1999 [Docket No. 980716178–8234–02] county lands suitable for inclusion in Se- By Mr. POMEROY (for himself and Mr. (RIN: 0625–AA53) received September 26, 1998, quoia National Forest; with an amendment HILL): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (Rept. 105–815, Pt. 1). Ordered to be printed. H.R. 4814. A bill to provide for the harmo- mittee on Ways and Means. Mr. YOUNG of Alaska: Committee on Re- nization of registrations of certain pesticides 11673. A letter from the Secretary of Agri- sources. H.R. 3297. A bill to suspend the con- used on canola; to the Committee on Agri- culture, transmitting the Department’s final tinued development of a roadless area policy culture, and in addition to the Committee on rule—Designation of Rural Empowerment on public domain units and other units of Ways and Means, for a period to be subse- Zones and Enterprise Communities (RIN: the National Forest System pending ade- quently determined by the Speaker, in each 0503–AA18) received October 8, 1998, pursuant quate public participation and determina- case for consideration of such provisions as to 5 U.S.C. 801(a)(1)(A); to the Committee on tions that a roadless area policy will not ad- fall within the jurisdiction of the committee Ways and Means. versely affect forest health; with an amend- concerned. 11674. A letter from the Administrator, De- ment (Rept. 105–816, Pt. 1). Ordered to be By Mr. QUINN: partment of Health and Human Services, printed. H.R. 4815. A bill to provide that December transmitting a report on Agency Drug-Free Mr. ARCHER: Committee on Ways and 7 each year shall be treated for all purposes Workplace Plans, pursuant to Public Law Means. H.R. 4738. A bill to amend the Inter- related to Federal employment in the same 100—71, section 503(a)(1)(A) (101 Stat. 468); nal Revenue Code of 1986 to extend certain manner as November 11; to the Committee jointly to the Committees on Government expiring provisions, provide tax relief for on Government Reform and Oversight. Reform and Oversight and Appropriations. farmers and small businesses, and for other By Mr. REDMOND (for himself and 11675. A letter from the Principal Deputy purposes; with an amendment (Rept. 105–817). Mrs. WILSON): Assistant Secretary For Congressional Af- Referred to the Committee of the Whole H.R. 4816. A bill to authorize the acquisi- fairs, Department of Veterans Affairs, trans- House on the State of the Union. tion of the Valles Caldera currently managed mitting a draft of proposed legislation to by the Baca Land and Cattle Company, to f provide a temporary authority for the use of provide for an effective land and wildlife voluntary separation incentives by the De- PUBLIC BILLS AND RESOLUTIONS management program for this resource with- partment of Veterans Affairs to reduce em- in the Department of Agriculture through ployment levels, and for other purposes; Under clause 5 of rule X and clause 4 the private sector, and for other purposes; to jointly to the Committees on Veterans’ Af- of rule XXII, public bills and resolu- the Committee on Resources. fairs and Government Reform and Oversight. tions were introduced and severally re- By Mr. SOLOMON (for himself and Mr. f ferred, as follows: SAM JOHNSON of Texas): H.R. 4817. A bill to provide a location in REPORTS OF COMMITTEES ON By Mr. CRANE (for himself, Mr. BE- Arlington, Virginia, for construction of a PUBLIC BILLS AND RESOLUTIONS REUTER, Mr. MATSUI, Mr. GILMAN, Mr. memorial to honor the men and women who BERMAN, and Mr. PORTER): have served in the United States Air Force; Under clause 2 of rule XIII, reports of H.R. 4807. A bill to authorize the extension to the Committee on National Security, and committees were delivered to the Clerk of nondiscriminatory treatment (normal in addition to the Committee on Resources, for printing and reference to the proper trade relations treatment) to the products of for a period to be subsequently determined calendar, as follows: Mongolia; to the Committee on Ways and by the Speaker, in each case for consider- Mr. YOUNG of Alaska: Committee on Re- Means. ation of such provisions as fall within the ju- sources. H.R. 4326. A bill to transfer adminis- By Mr. SNOWBARGER (for himself, risdiction of the committee concerned. trative jurisdiction over certain Federal Mr. KANJORSKI, and Mr. DAVIS of Vir- By Mr. THOMPSON (for himself, Mr. lands located within or adjacent to the ginia): TOWNS, Ms. MILLENDER-MCDONALD, Rogue River National Forest and to clarify H.R. 4808. A bill to amend the Federal De- Ms. PELOSI, Ms. LEE, Ms. CHRISTIAN- the authority of the Bureau of Land Manage- posit Insurance Act to permit an affiliation GREEN, Mrs. MINK of Hawaii, Mrs. ment to sell and exchange other Federal between a depository institution and the MEEK of Florida, Ms. KILPATRICK, Ms. lands in Oregon (Rept. 105–810). Referred to holding company successor to the Student SLAUGHTER, Mr. HILLIARD, Mr. SCOTT, the Committee of the Whole House on the Loan Marketing Association under certain and Mr. FROST): State of the Union. circumstances and subject to certain condi- H.R. 4818. A bill to provide that payments Mr. YOUNG of Alaska: Committee on Re- tions; to the Committee on Banking and Fi- of the earned income tax credit are to be dis- sources. H.R. 4111. A bill to provide for outlet nancial Services. regarded for 12 months in determining eligi- modifications to Folsom Dam, a study for re- By Mr. ABERCROMBIE (for himself bility for benefits under the program of construction of the Northfork American and Mrs. MINK of Hawaii): block grants to States for temporary assist- River Cofferdam, and the transfer to the H.R. 4809. A bill for the relief of the State ance for needy families, the supplemental se- State of California all right, title, and inter- of Hawaii; to the Committee on Ways and curity income program, the Medicaid Pro- est in and to the Auburn Dam, and for other Means. gram, and public housing programs; to the purposes; with an amendment (Rept. 105–811). By Mr. COLLINS: Committee on Ways and Means, and in addi- Referred to the Committee of the Whole H.R. 4810. A bill to amend the Internal Rev- tion to the Committees on Commerce, and House on the State of the Union. enue Code of 1986 to increase the deductibil- Banking and Financial Services, for a period Mr. YOUNG of Alaska: Committee on Re- ity of business meal expenses for individuals to be subsequently determined by the Speak- sources. H.R. 3056. A bill to provide for the subject to Federal hours of service; to the er, in each case for consideration of such pro- preservation and sustainability of the family Committee on Ways and Means. visions as fall within the jurisdiction of the farm through the transfer of responsibility By Ms. DELAURO: committee concerned. for operation and maintenance of the Flat- H.R. 4811. A bill to amend the Federal De- By Mr. LIVINGSTON: head Indian Irrigation Project, Montana; posit Insurance Act and the Federal Credit H.J. Res. 134. A joint resolution making with an amendment (Rept. 105–812). Referred Union Act to prohibit fees for using teller further continuing appropriations for the fis- to the Committee of the Whole House on the windows at depository institutions, and for cal year 1999, and for other purposes; to the State of the Union. other purposes; to the Committee on Bank- Committee on Appropriations. Mr. YOUNG of Alaska: Committee on Re- ing and Financial Services. By Mr. ARCHER (for himself, Mr. REG- sources. H.R. 4223. A bill to assist in the de- By Mr. DREIER: ULA, Mr. BUNNING of Kentucky, Mr. velopment and implementation of projects to H.R. 4812. A bill to make the Federal em- DICKEY, Mr. ENGLISH of Pennsyl- provide for the control of drainage, storm, ployees health benefits program available to vania, Mr. WELLER, and Mr. flood and other waters as part of water-relat- individuals age 55 to 65 who would not other- ADERHOLT): ed integrated resource management, envi- wise have health insurance, and for other H. Con. Res. 350. Concurrent resolution ronmental infrastructure, and resource pro- purposes; to the Committee on Government calling on the President to take all nec- tection and development projects in the Reform and Oversight, and in addition to the essary measures under existing law to re- Colusa Basin Watershed, California (Rept. Committee on Ways and Means, for a period spond to the significant increase of steel im- 105–813). Referred to the Committee of the to be subsequently determined by the Speak- ports resulting from the financial crises in Whole House on the State of the Union. er, in each case for consideration of such pro- Asia, Russia, and other regions, and for other Mr. YOUNG of Alaska: Committee on Re- visions as fall within the jurisdiction of the purposes; to the Committee on Ways and sources. H.R. 1567. A bill to provide for the committee concerned. Means. H10668 CONGRESSIONAL RECORD — HOUSE October 12, 1998 MEMORIALS ADDITIONAL SPONSORS H.J. Res. 40: Mr. KILDEE. H. Con. Res. 322: Mr. BLUMENAUER. Under clause 4 of rule XXII, sponsors Under clause 4 of rule XXII, memori- H. Res. 554: Mr. PAPPAS, Mr. WATTS of were added to public bills and resolu- als were presented and referred as fol- Oklahoma, Ms. RIVERS, and Mr. MCGOVERN. tions as follows: lows: f H.R. 18: Mrs. WILSON. 401. The SPEAKER presented a memorial H.R. 40: Mr. WYNN. PETITIONS, ETC. of the General Assembly of the State of H.R. 158: Mr. MANZULLO. H.R. 2995: Mr. TOWNS and Mr. TORRES. Under clause 1 of rule XXII, petitions Georgia, relative to House Resolution Num- H.R. 3024: Mr. THOMPSON. and papers were laid on the clerk’s ber 856, urging the United States Congress, H.R. 3568: Mr. BALDACCI. desk and referred as follows: the Secretary of Agriculture, and the Fed- H.R. 3778: Mr. PITTS. 81. The SPEAKER presented a petition of eral Crop Insurance Corporation to revise H.R. 3956: Mr. PALLONE. Compton City Council, Compton, California, comprehensively the existing laws, regula- H.R. 3988: Mr. BALDACCI. relative to a Resolution of the City Council tions, and policies with respect to the Fed- H.R. 4126: Mrs. THURMAN. of the City of Compton Opposing Mandatory eral Crop Insurance Program in order to ade- H.R. 4332: Mr. NORWOOD. H.R. 4344: Mr. PICKETT, Mr. PORTMAN, Mr. Social Security Coverage for State and Local quately protect farmers against unavoidable BAESLER, and Mr. GIBBONS. Employees (Resolution No. 19,214); to the crop losses and to prevent the serious reduc- H.R. 4467: Mr. NEAL of Massachusetts and Committee on Ways and Means. tion in farm operations and farm acreage Mr. PASCRELL. 82. Also, a petition of the United Seniors throughout the nation; to the Committee on H.R. 4683: Mr. PORTMAN and Ms. WATERS. Association, relative to Urging the Congress Agriculture. H.R. 4729: Mrs. LINDA SMITH of Washington. of the United States to enact H.R. 857; to the H.R. 4761: Mr. BEREUTER. Committee on Ways and Means.