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

Vol. 146 WASHINGTON, TUESDAY, MARCH 28, 2000 No. 36 House of Representatives The House met at 12:30 p.m. and was the majority and minority leaders for ing about buying 250,000 tons of surplus called to order by the Speaker pro tem- morning hour debates. The Chair will sugar to pump up the domestic price, pore (Mrs. BIGGERT). alternate recognition between the par- but then what will officials do with all f ties, with each party limited to not to the sugar? Enough to fill two-thirds of exceed 30 minutes, and each Member, the Empire State Building. One idea is DESIGNATION OF SPEAKER PRO except the majority leader, the minor- to donate it overseas; although, no TEMPORE ity leader, or the minority whip, lim- country has indicated they are willing The SPEAKER pro tempore laid be- ited to not to exceed 5 minutes. to even take it. fore the House the following commu- The Chair recognizes the gentleman This is just the beginning, as the ar- nication from the Speaker: from Florida (Mr. MILLER) for 5 min- ticle goes on to say. We are talking WASHINGTON, DC, utes. about $550 million worth of sugar that March 28, 2000. f our agriculture department is going to I hereby appoint the Honorable JUDY have to buy this year, and it has no FAILING U.S. SUGAR PROGRAM BIGGERT to act as Speaker pro tempore on place to even give it away. Wow, do we this day. Mr. MILLER of Florida. Madam have an embarrassing situation here in J. DENNIS HASTERT, Speaker, today, I would like to bring to Washington. Speaker of the House of Representatives. the attention of the House the prob- The production of sugar has gone up f lems with the failing U.S. sugar pro- by 25 percent in the past 3 years, be- gram. The sugar daddy of corporate MESSAGE FROM THE SENATE cause we have this high price. The welfare is one of the most egregious price of sugar in the United States is A message from the Senate by Mr. programs that we have in the Federal three times what it is around the Lundregan, one of its clerks, an- Government, and it is now in the proc- world. You can go across the border nounced that the Senate has passed ess of imploding. into Canada, and it is a third of the with an amendment in which the con- It is a really bad, big government price of the United States; or go to currence of the House is requested, a program that is hard to understand in Mexico, it is a third of the price of the bill of the House of the following title: our great government we have here United States. H.R. 1658. An act to provide a more just that we continue to have a program What is happening to jobs in the and uniform procedure for Federal civil for- that just does not fit in our free enter- United States? We take companies that feitures, and for other purposes. prise capitalistic economy that we use a lot of sugar. Hey, I cannot com- The message also announced that the have. It is a program that is bad for the pete with the Canadian companies that Senate has passed bills of the following consumer. It is bad for jobs in this use a lot of sugar. For example, Bobs titles in which concurrence of the country. It is bad for the environment. Candies from Georgia makes candy House is requested: It is bad trade policy. It just makes canes. The candy canes use a lot of S. 1730. An act to amend the Federal Water zero economic sense. sugar, and it is a lot cheaper to Pollution Control Act to provide that cer- The way the program works is, the produce them in Canada or Mexico or tain environmental reports shall continue to Federal Government kind of acts like some other place that buys sugar for a be required to be submitted. OPEC, they want to manage supply to third of the price. So we are losing jobs S. 1731. An act to amend the Clean Air Act keep the prices high. Now, we are re- in the country because sugar is used in to provide that certain environmental re- quired to allow some sugar to be im- ports shall continue to be required to be sub- so many of our different products, mitted. ported into the United States. The whether it is cereal or baked goods. S. 1744. An act to amend the Endangered Government has a loan program that It is a very costly thing. In fact, the Species Act of 1973 to provide that certain they say we will guarantee the price General Accounting Office says it costs species conservation reports shall continue will not drop below this amount or else over a billion dollars a year extra per to be required to be submitted. we will buy the sugar. Well, all of a year on the consumer, because of the f sudden for the first time in decades, high price we pay for sugar. This is they are on the verge of getting ready really a regressive program, because MORNING HOUR DEBATES to buy a lot of sugar. the poor pay a lot higher percentage of The SPEAKER pro tempore. Pursu- As reported in the newspaper this the total income for the sugar pro- ant to the order of the House of Janu- morning, the AP wire service story gram. ary 19, 1999, the Chair will now recog- says ‘‘got a sweet tooth? Uncle Sam It is bad for the environment. I am nize Members from lists submitted by wants you.’’ The Government is think- from Florida. We are considered to

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H1415

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VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.000 pfrm06 PsN: H28PT1 H1416 CONGRESSIONAL RECORD — HOUSE March 28, 2000 have a real national treasure, the Ever- JOIN BIPARTISAN EFFORT TO ELIMINATE SUGAR Only after that murder could we get glades; and one of the real contributing PROGRAM the Secretary to say, okay, I will look problems to the Everglades environ- Mr. FRANK of Massachusetts. into this, and he now has to acknowl- mentally is the runoff from the sugar Madam Speaker, I want to begin by ex- edge what we have been telling him plantations in Florida. pressing my agreement with the com- along. But he must understand that Now, we have this high price of ments of the gentleman from Florida. part of his own actions have been part sugar. They are growing more sugar in One of the things he called attention to of a pattern all along. Florida and causing more runoff, and is a very curious publishing phe- now we are having to buy this sugar nomenon. I have listened to many of When the Navy outrageously violated from the sugar programs. We are going my colleagues who are great supporters the privacy of a young man named to spend $8 billion restoring the Ever- of free enterprise and who attribute the Timothy McVeigh, a patriotic member glades. We are encouraging even more virtues of the market of free enterprise of the Navy, and a Federal judge ruled production in the sugar. This is one to all manner of people, mostly poor that they had violated his rights, the program that is hard to comprehend and working-class people who look for Defense Department resisted that rul- how you justify it in our country. help. But apparently there is in every ing, sought to appeal it, and had to be Let us talk about trade issues. When free market text ever written, Milton overruled by the President, one of the we negotiate trade agreements, what Friedman, Ludwig von Mises, et cetera, few times that the President did get in- we really want to do is encourage our a secret footnote that can only be read volved. Even now, in the aftermath of products to be exported around the by people who represent certain agri- the murder of Mr. Winchell, we have world, whether it is orange juice from cultural interests, which says to them, the people at that base where absolute Florida or airplanes from Boeing or this free market stuff is great for poor harassment was proven to have hap- computers or computer software. We people and for people who try to work want to open up markets so we can sell in factories, but it does not apply to pened going unpunished. We had an of- our products. The problem our nego- agriculture, because by some strange ficer at 29 Palms issue a viciously big- tiators have is that we will go around literary feat, the strongest supporters oted e-mail about gay people, and he and say, country, you need to open up of an unrestrained free market system goes unpunished. your markets for us, as we are talking consistently make an exception for The fact is that the administration about China, but do not sell us any some protected and politically favored cannot pretend that it did not know sugar, we want to protect our sugar parts of agriculture. this was happening, and it certainly plantations, our sugar barrens in Flor- I will be voting for the amendment ida and elsewhere around the country, has to give a more effective response, that the gentleman mentioned. even now, with the Inspector General because we have to protect them; but Madam Speaker, I want to talk today documenting what the Secretary we want you to let us sell anything we about the recent report that was issued should have known because people have want to your country. by the Inspector General documenting Explain to a trade negotiator how a fact that many of us already knew, told him this for years, his response is you explain that one away. As Mr. and that is that the mistreatment of well, I am now appointing a commis- MCCAIN has talked about in campaign gay, lesbian, and bisexual patriotic sion and in July, at the end of July, I finance, this is a poster child for cam- Americans who have tried to serve will consider implementing some cor- paign finance. Mr. MCCAIN actually led their country has been one of the most rective steps. the effort over in the Senate side to get discouraging aspects of this adminis- rid of this program. Mr. Gore came out There are things he can do right tration’s record. away, from his own personal involve- with his plan. Ordinarily, being able to say ‘‘I told Sugar is one of the biggest contribu- ment to some very specific policies. He you so’’ makes one feel pretty good. tors, not only in Washington, it is in has made a few steps. They have paled People pretend they do not like to say Tallahassee. They are claiming pov- in insignificance to the kind of bigotry ‘‘I told you so,’’ but most people do. erty, but they are the biggest donors of that is still there. Secretary Cohen has But in this case I say it sadly. I and PAC contributions in the campaign. It others have been telling the President been there for over 3 years. Does he is on both sides of the aisle, Repub- and the Secretary of Defense and oth- want to leave office with only the last licans and Democrats. couple of months of his stewardship of Now, I used to study economics in ers that for years now that they were allowing patriotic, honorable young the Defense Department being a time graduate school. And I know some eco- when he paid serious attention to this? nomics. There is zero way to explain men and women who happen to be gay, the economics of this. You have let the lesbian, or bisexual and who were moti- Let us be clear what we are talking marketplace happen. We are not a so- vated by a desire to serve their country about. Young Americans who happen cialistic country. Socialism does not to be mistreated. to be gay, lesbian or bisexual who, in work where the government manages I do not fault President Clinton for accordance with the policy that is now prices, tries to manage production. It the adoption of the ‘‘don’t ask, don’t the law, want to serve their country, tell’’ policy; I think he tried very hard does not work, so we have to get rid of and they are treated brutally, unfairly; to get a better policy. But he is cul- a program like this. they are ridiculed, they are threatened, pable for the fact that once the policy I am encouraging my colleagues as they are physically assaulted, and this program starts costing us hun- was implemented, he did not effec- tively compel the military to live up until now, they have not been able to dreds of millions of dollars, billions of get protection from the military they dollars in the government, we cannot even to the slight improvement it rep- have sought to serve. afford to continue to allow this. I urge resented. Neither he nor Secretaries of my colleagues to join with me and the Defense under him, particularly Sec- Secretary Cohen has already waited gentleman from California (Mr. retary Perry and Secretary Cohen, too long. We cannot undo the terrible GEORGE MILLER) in a bipartisan effort have taken it seriously. I must say mistakes that were made by the Sec- to get rid of the sugar program. that I am particularly disappointed in retary that the President allowed to be f Secretary Cohen from whom I expected made, and the President has an excel- more. lent record in confronting prejudice MISTREATMENT OF GAY, LESBIAN, For years, we have been telling the AND BISEXUAL PATRIOTIC based on sexual orientation. He will get Secretary the facts that he now has to history’s good judgment for having AMERICANS acknowledge, because a young man was helped lead the fight against that prej- The SPEAKER pro tempore. Under tragically murdered, a young man who udice. There is this one flaw. the Speaker’s announced policy of Jan- made the mistake of wanting to serve uary 19, 1999, the gentleman from Mas- his country in the military, who had a Madam Speaker, it is not too late in sachusetts (Mr. FRANK) is recognized flawless record, and who was tragically these remaining months of the admin- during morning hour debates for 5 min- murdered by anti-gay bigotry, fostered istration to undo it, and I hope that utes. by the policy of the administration. they will.

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.003 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1417 MEN AND WOMEN IN THE MILI- willing to give their lives for this coun- LIVABLE COMMUNITIES IN TARY ON FOOD STAMPS IS UN- try. VIRGINIA ACCEPTABLE What I have before me today is a Ma- The SPEAKER pro tempore (Mrs. The SPEAKER pro tempore. Under rine. This Marine is getting ready to BIGGERT). Under the Speaker’s an- the Speaker’s announced policy of Jan- deploy to Bosnia. We seem to be able to nounced policy of January 19, 1999, the uary 19, 1999, the gentleman from find $9 million to $10 million for Bos- gentleman from Oregon (Mr. North Carolina (Mr. JONES) is recog- nia. We have already spent $10 billion BLUMENAUER) is recognized during nized during morning hour debates for to $11 billion in Yugoslavia. Yet, this morning hour debates for 5 minutes. 5 minutes. cost to pass H.R. 1055 to get a $500 tax Mr. BLUMENAUER. Madam Speaker, Mr. JONES of North Carolina. credit for those on food stamps would this week there is a meeting in Nor- Madam Speaker, again, I am on the only cost this government $59 million folk, Virginia, of the unsung heroes of floor to talk about our men and women over 10 years, roughly $5 million a the efforts to promote Virginia’s liv- in the military on food stamps. I want year. ability, the town planners and the cit- to start my comments by reading from izen volunteers who are on the front I will be the first to say this will not the ABC show ‘‘20/20,’’ June 25, 1999. lines doing one of the hardest jobs in get them off food stamps, but what I This was an interview. The title was terms of coping with the problems of will say is that it will say to those in ‘‘Frontlines Food Lines,’’ and I want to growth and development and sprawl in the military who are on food stamps read just a few comments. First, I will Virginia, but sadly, they have fewer that we in the Congress are concerned start with the reporter, Tom Jarriel; tools than almost any State in the about the fact that they are on food and he says, ‘‘Military families re- country. stamps and they are willing to die for deemed a huge $21 million worth of They know what to do, but despite this country. WIC coupons in Defense commissaries those efforts, the State of Virginia has last year. Even with that government I look at the other bills that we pass had unbalanced growth over the course help, the Millers cannot afford the in- in the Senate and the House, and we of the last 15 years. The 1990s were a surance copayment to have their son’s can find billions of dollars in tax cred- disaster. There was a failure in 1990 to cavities filled.’’ its for Tysons Food to study chicken adopt minimal State planning goals I further want to quote an interview manure and how this might help with that would have helped provide form with David Lewis. David Lewis is a re- energy problems. I say, let us take care and direction. tired warrant officer and his quote is, of those first who are willing to take In 1995, the legislature in Virginia ‘‘I think the biggest problem is that care of America. They are our men and overwhelmingly defeated Virginia’s they just don’t have enough.’’ women in uniform who are on food Strategic Planning Act. Today we have Going back to Tom Jarriel again, the stamps. a State administration that is asleep at the switch, and a legislature that is reporter for ABC’s ‘‘20/20,’’ and he says, I look at this little girl, Megan is her not helping the people of Virginia. ‘‘Retired warrant officer David Lewis, name. She is standing on the feet of There is no tie-in between their trans- a hardened combat veteran of 26 years her daddy. Do you know what, that se- portation investments and land use. in the Marine Corps, teaches financial rious look that she has, she is looking There is certainly a head-in-the-sand planning to thousands of Marines a at a camera. In his arms he has his year at Camp Pendleton.’’ David Lewis attitude regarding paying the bill. daughter Brittany. I am thinking Even if you are one of those people further states, ‘‘At first it really both- about Megan. She does not know this ered me that they did not have enough who still feel that we can pave our way at her age, but her daddy might not out of traffic congestion, and that pride in themselves and I said,’’ come back. He might not come back. quoting David Lewis, ‘‘Well, wait a number is a smaller and smaller num- He is willing to give his life for this ber across the country, because com- minute. It doesn’t have anything to do country. with pride. It probably took more cour- munity after community has proven age for that kid to get food. It probably This Marine represents all of our that we do not have enough concrete to took a lot of courage for that kid to military in both Air Force, Navy, pave our way out of congestion, but say, I cannot take care of my family; I Army, and Coast Guard that are will- even if one believes that, in the State need help.’’ ing to serve this Nation. of Virginia there is no plan to deal Tom Jarriel further states, ‘‘Lewis Madam Speaker, I hope that our with over $50 billion of transportation calculated that by total hours junior leadership, working together with the investments that are conservatively re- enlisted troops do not even earn min- Democratic leadership, will see that we quired over the course of the next 20 imum wage.’’ do something to help men and women years. Madam Speaker, I want to read that in uniform on food stamps. I want want The Virginia Department of Trans- again. to close my comments by sharing with portation, VDOT, which is behind the curve as it relates to many of the b 1245 you and the other Members here on the floor today a simple poem but I think transportation agencies around the ‘‘Lewis calculated that by total work a very powerful poem that was written country, was seriously damaged in the hours, junior enlisted troops do not by a Marine, Father Dennis O’Bryan, 1990s. There were ill-conceived pro- even earn minimum wage.’’ United States Marine Corps. grams of downsizing which ended up Madam Speaker, that is why I am on having a number of people who were the floor today, and I have been once a His poem goes like this: terminated as retired, only to be hired week ever since we got back in Feb- It is the soldier, not the reporter, back at higher salaries afterwards to ruary. Who has given us freedom of the press. try and move transportation projects I introduced H.R. 1055, which would It is the soldier, not the poet, along. help our men and women in uniform on Who has given us freedom of speech. But I am pleased to say that there It is the soldier, not the campus organizer, food stamps. I am pleased to say today Who has given us the freedom to dem- are some signs that things are hap- that there is strong bipartisan support. onstrate. pening in Virginia on the right side of We have approximately 90 people who It is the soldier who salutes the flag, the equation. First and foremost is have signed this bill. I am encouraging It is the soldier who serves beneath the flag. that the citizens at the grass roots our leadership, as well as the Demo- level are pushing back. There is in- cratic leadership, to please, let us not Madam Speaker, it is the soldier creasing concern about unplanned leave here in September or October and whose coffin is draped by the flag who growth. not speak to those who are serving our allows the protester to burn the flag. In Loudon County we saw a sweep of Nation, those who are willing to die for Madam Speaker, I close by saying to eight smart growth candidates into this country, that are on food stamps. the leadership in the House, please, let county office, four Democrats, two Re- To me that is unacceptable. That to us pass this legislation to help those publicans, two Independents. It was a me is what I think America stands for, men and women in uniform on food broad bipartisan effort to try and get is to help those in uniform who are stamps. back in control of their community.

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.005 pfrm06 PsN: H28PT1 H1418 CONGRESSIONAL RECORD — HOUSE March 28, 2000 There were other electoral wins in count of the number of individuals in pany and every government agency and Fairfax, Prince William, in Stafford, in the United States so we could reappor- every political candidate has done for towns and cities across Virginia. tion congressional districts for the 435 years in terms of polling and all of In the city of Suffolk there is an in- Members of Congress. that. tegrated comprehensive plan and zon- It was not the intent that we expand Madam Speaker, our health insur- ing to direct growth towards des- this to allow an administration, a bu- ance system fails many Americans, no ignated areas that can handle it. The reaucracy, a Washington group to pur- group more so than individuals age 55 highly respected Mason-Dixon poll in sue all kinds of personal information to 64. There are 3.4 million Americans March showed that growth is the num- that they might want to know some- in this age range who are uninsured, ber one issue in the Shenandoah Val- time about you. the fastest growing segment of the un- ley. Even the conservative newspaper, We are suggesting that if you fill out insured population. Some of them were the Richmond Times Dispatch, has had the forms and that if you fill out the blind-sided when their employer termi- a 180-degree change recently, and re- number of people and their names, in nated retiree health coverage. Others cently editorialized on behalf of plan- essence, the questions on the short are self-employed or work for firms ning smarter. form, there should not be any fine, or that do not offer health insurance. Madam Speaker, Virginia has given any fine that would exceed $5 or $10. Regardless of the reason behind their much to this country, the home of I think with our new technology in situation, the prospects of buying indi- Thomas Jefferson, of George Wash- this country, with the ability of gov- vidual insurance in the individual mar- ington. It was a leader in the demo- ernment to know so much about us, ket are grim. Only individuals enroll- cratic institutions for the entire world. knowing what doctors we go to, when ing directly from an employer-spon- It is my hope that their Governor and we go to the doctor, for what reason we sored health plan are guaranteed ac- that their legislature will stop denying are going to the doctor, where we buy, cess to private coverage. Companies the problem, will work with us in Con- what kinds of goods, where we travel, can and do deny access to self-em- gress, will work more importantly, the danger is a government that, out of ployed individuals and those whose em- with people at the grass roots level, all curiosity, would like to know more ployer does not offer coverage. working as partners for livable commu- than they really need to know about Even if an individual is lucky enough nities. If they are willing to do so, to our individual lives. to be guaranteed access to a health deal with those planners, with those I am saying that we need to totally plan, she is not guaranteed an afford- citizen volunteers, with simple, com- review the Census form. I hope the in- able rate. As a matter of fact, she can monsense steps and structure to make formation that came out yesterday, bank on being quoted a rate so high it the planning process work better, Vir- that a Federal judge in Texas has said takes her breath away. ginia communities will in fact be more that there should be no prosecution for The purpose of health insurance is to livable and all our families can be any individual that does not fill out pool risk, not to avoid it. The fact that safer, healthier, and economically se- the rest of the long form and those in- individuals nearing retirement are cure. trusive questions, is correct. priced out of the insurance market un- f In the meantime, I think it is time derscores how far our system has that this body and the United States strayed from that basic tenet. Individ- MANY CENSUS QUESTIONS TOO Senate, along with the administration, uals 55 to 64 have entered a period in INTRUSIVE re-evaluate its intrusiveness. It is bad their lives when health insurance is The SPEAKER pro tempore. Under enough that we are taking 41 cents out particularly important, yet 3 million of the Speaker’s announced policy of Jan- of every dollar the average American them cannot secure coverage in the uary 19, 1999, the gentleman from makes in local, State, and Federal private health insurance market. Michigan (Mr. SMITH) is recognized taxes. It is worse when we start getting If this problem sounds familiar, there during morning hour debates for 5 min- into their lives, their bedrooms, to try is a reason. Before Medicare, 60 percent utes. to have the kind of information that of Americans 65 and older were unin- Mr. SMITH of Michigan. Madam we think we need to know to make sured. The public demanded that the Speaker, there are too many curiosity that kind of policy decision. Federal government step in when it be- questions on the Census long form. It is time we slowed down the intru- came clear that insurers would not Right now, on the average, one out of siveness of the Federal government. It willingly cover these individuals. every six citizens of the United States is time that Americans started asking Our challenge now is to help individ- that are sent the census long form are their Representatives in Congress, in uals 55 to 64. As long as health insurers asked questions that take almost 25 the United States Senate, I include in can pick and choose those whom to en- minutes to fill out, very personal ques- that, and their potential next Presi- roll and whom to exclude, as long as tions, very intrusive questions. dent their position on this issue. they are permitted to use medical un- What we have been investigating and f derwriting, rate increases, and skillful looking at is should there really be a AMERICA’S HEALTH INSURANCE marketing to cream-skim, to weed out $100 fine if you refuse to answer all of those they do not want to insure, as those personal, intimate questions. It INDUSTRY FAILS INDIVIDUALS 55 TO 64 long as insurers can avoid those most asks all sorts of information that the in need of health care protection, there government does not need to know, The SPEAKER pro tempore. Under will always be significant gaps in our such as the number of rooms in your the Speaker’s announced policy of Jan- health insurance system. house, when it was built, where your uary 19, 1999, the gentleman from Ohio b water and utilities come from, how (Mr. BROWN) is recognized during morn- 1300 much they cost, how much you paid for ing hour debates for 5 minutes. It is one of realities this Nation faces your house, the number of cars, tele- Mr. BROWN of Ohio. Madam Speak- in the absence of universal coverage. phones, bathrooms you have, how er, I would just like to mention, in re- Eventually, the public will get tired of much insurance you carry on the con- sponse to the comments of my friend, weak-kneed politicians and incre- tents of your home. the gentleman from Michigan, that we mental strategies and the U.S. will im- It asks about your education, the could take care of these problems of plement that universal medical cov- time you leave for work, how you get what he calls intrusive government in erage. Until then, it makes sense to ex- there, your health, your job. This is the Census by allowing sampling, pand programs that work and to help simply excessive, and I am suggesting a which is what many people on this side those in most need of coverage. couple of things. of the aisle have suggested, Census That is where the Medicare Early Ac- Number one, I suggest that there sampling, where we find out by taking cess program comes in. This week the should not be a $100 fine if you fill out some 10,000 or 20,000 or 50,000 or what- gentleman from California (Mr. the pertinent information. This was ever number of people and find this in- STARK), the gentlewoman from Florida put in our United States Constitution formation out and extrapolate it to the (Mrs. THURMAN) and I will introduce re- so every 10 years we could have a new rest of the country, which every com- vised legislation based on last year’s

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.007 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1419 Early Access bill. The new version pro- ship. It has been quite a year for one of THE JOURNAL vides tax credits to help more individ- Cincinnati’s top schools and a stalwart The SPEAKER. The Chair has exam- uals 55 to 64 to buy into Medicare or to in the GCL. ined the Journal of the last day’s pro- purchase COBRA continuation cov- Madam Speaker, as a graduate of ceedings and announces to the House erage. rival LaSalle High School, I must his approval thereof. The mechanisms for providing more admit I am slightly envious. Hopefully, Pursuant to clause 1, rule I, the Jour- individuals age 55 to 64 coverage has next year my Lancers will be back on nal stands approved. not changed. Our bill would enable peo- top. But in the meantime, I tip my hat f ple 62 to 64 and displaced workers 55 to to the scholar athletes from Saint X. 64 to pay premiums to buy into Medi- On a sad note, players and students PLEDGE OF ALLEGIANCE care. It would require employers who learned Sunday that assistant prin- The SPEAKER. Will the gentleman drop previously promised retiree cov- cipal and teacher of some 30 years, from Michigan (Mr. SMITH) come for- erage to allow early retirees with lim- Tom Meyer, who was known as Saint ward and lead the House in the Pledge ited alternatives to have access to Xavier’s number one basketball fan, of Allegiance. COBRA continuation coverage until had succumbed to cancer just a few Mr. SMITH of Michigan led the they reach age 65 and, thereby, qualify hours after his favorite team won the Pledge of Allegiance as follows: for Medicare. title. Knowing he was near death, the I pledge allegiance to the Flag of the To make these initiatives more af- players had specially made warm-up United States of America, and to the Repub- fordable, this legislation would estab- suits designed to honor their friend, lic for which it stands, one nation under God, lish tax credits equal to 25 percent of Mr. Meyer, as they made their final indivisible, with liberty and justice for all. the premium for participants in the run at the State championship. The f Medicare buy-in and individuals eligi- back of the shirts had the following THE EDUCATION SAVINGS AND ble for COBRA coverage. Our legisla- message, each of them: ‘‘May his pain SCHOOL EXCELLENCE ACT OF 2000 tion provides uninsured individuals be- be comforting knowing that he has tween 55 and 64 an opportunity to buy touched the lives of so many. Thank (Mr. SMITH of Michigan asked and into Medicare since the private market you, Mr. Meyer, for carrying your cross was given permission to address the surely has failed them. And it restores for us.’’ A very touching message for a House for 1 minute and to revise and some measure of fairness to individuals man loved by many. extend his remarks.) who have paid for employer-sponsored To all the Bomber players and coach- Mr. SMITH of Michigan. Mr. Speak- retiree coverage paycheck after pay- es and families and friends, our hardy er, this week the House is considering check only to have it terminated when congratulations. And to the family of H.R. 7, the Education Savings and they actually need it. Saint X’s number one fan, Tom Meyer, School Excellence Act of 2000. Some individuals perceive of Medi- our most sincere condolences. For years, we have watched as our care expansion as a backdoor means of f education quality has gone way below establishing universal coverage. Ex- the standards set by other nations. For panding Medicare is not a backdoor RECESS example, the U.S. 12th graders cur- means of moving towards universal The SPEAKER pro tempore. Pursu- rently test among the lowest among coverage. I would say we are using the ant to clause 12 of rule I, the Chair de- the industrialized nations in math and front door. Medicare works. We need clares the House in recess until 2 p.m. science. universal coverage, and if expanding today. If our Nation is to continue setting Medicare will help us put an end to the Accordingly (at 1 o’clock and 4 min- the standard for the rest of the world inefficient, gap-ridden patchwork of utes p.m.), the House stood in recess in science, research, and technology, private and public health plans we are until 2 p.m. then we must take steps now to help living in now, then I am all for it. f ensure that each child learns to their The United States needs universal maximum ability. health coverage. Nothing short of that b 1400 Mr. Speaker, this education savings account will allow a Roth-type IRA for can assure security, fairness, or eco- AFTER RECESS nomic efficiency. We need a system investment to help assure the best pos- that does not discriminate against the The recess having expired, the House sible education for academic tutoring, very individuals that it is supposed to was called to order at 2 p.m. for books, for fees, computers, special protect. Until we get there, it makes f education services and other education need. sense to take this step. PRAYER f I understand Vice President GORE has The Chaplain, the Reverend Daniel P. now supported tax credits, tax deduc- CINCINNATI’S SAINT XAVIER Coughlin, offered the following prayer: tions for contributions that will go BRINGS HOME ANOTHER STATE O God our help in ages past, our hope into political campaigns, but he has de- CHAMPIONSHIP for years to come, to You we commend nied support for this bill that allows The SPEAKER pro tempore (Mrs. ourselves as Your servants and fit in- families to have some kind of tax in- BIGGERT). Under the Speaker’s an- struments to accomplish Your holy centive for savings to help assure the nounced policy of January 19, 1999, the will on this day You have given us. best possible education. gentleman from Ohio (Mr. CHABOT) is Without You, we can do nothing. With f recognized during morning hour de- Your guidance and grace, we can ac- bates for 3 minutes. complish great things, because You CENSUS BUREAU OUT OF CONTROL Mr. CHABOT. Madam Speaker, Cin- alone are holy and good. In You, we (Mr. TRAFICANT asked and was cinnati’s Saint Xavier High School find wisdom and power. To You alone given permission to address the House went to Columbus over the weekend belongs the glory. for 1 minute and to revise and extend and returned home with the Ohio State Bless this assembly today. On this his remarks.) Division 1 basketball championship. new day, bless Your servant whom You Mr. TRAFICANT. Mr. Speaker, the Our hardiest congratulations go out have called to minister to the Members Census Bureau is literally out of con- to Coach Scott Martin and all the play- of this House. Fill all of us with Your trol. Check this out: Reports now say ers whose hard work and dedication Spirit of love, forgiveness and peace. that the Census Bureau is, quote/un- made it possible. Their families, their May our prayers be broad and deep. quote, willing to sacrifice a true head fans, and their community are very May our words spring forth from hearts count of American citizens for more proud of them. purified by Your spirit and our actions personal detailed information. Unbe- Saint X’s victory marked the manifest Your power taking root in us. lievable. Forms with questions about school’s second State title this year. In all we say and do, may we grow in your bank account, your cars, how Just last month, the Bomber swim awareness that You alone live and many bathrooms you have, your job. team also notched the State champion- reign forever and ever. Amen. What is next, Congress, your sex life?

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.009 pfrm06 PsN: H28PT1 H1420 CONGRESSIONAL RECORD — HOUSE March 28, 2000 The Constitution mandates a simple minute and to revise and extend his re- Mr. BALLENGER. Mr. Speaker, head count by a Census taker, not an marks.) every American child has a right to a audit by some bureaucratic intrusive Mr. LAMPSON. Mr. Speaker, I rise quality education. Yet our education nincompoop. I yield back the manipu- today to tell the story of Robert Mar- system, as a whole, has been failing to lations of both American citizens and quette and his children, Ben and Rhea. deliver, particularly to minorities. Their story is the ninth in a series of 1- our great Constitution by the Census For example, 63 percent of nonurban minutes on more than 10,000 children Bureau. fourth graders can read at a basic level, f who have been taken, abducted, to for- eign countries. while only 43 percent of urban fourth COMMEMORATING THE LIFE OF In 1997, Robert Marquette’s ex-wife, graders can meet the same standards. LON FOLGER, JR. Rose Marie Marquette, abducted Ben And the dropout rate for African Amer- (Mr. BURR of North Carolina asked and Rhea from Irving, Texas, and took ican students is about 15 percent, while and was given permission to address them to Germany. Although Robert’s the Hispanic student dropout rate is the House for 1 minute and to revise home was named as the primary resi- between 30 and 35 percent. and extend his remarks.) dence, Robert subsequently filed a Republicans believe educational op- Mr. BURR of North Carolina. Mr. Hague Convention petition through the portunities should be the same for all Speaker, I rise today to pay tribute to State Department. His petition was children regardless of race, religion, or the memory of a great man, Mr. Alonzo heard by a German judge who violated economic background. That is why I Folger, Jr., of Rockingham County, the Hague Convention by refusing to support H.R. 7, the Education Savings North Carolina, who passed away this return Ben and Rhea. He has filed nu- and Excellence Act. This legislation morning. Lon was the son of one of my merous appeals, but they have all been helps parents put aside money tax free predecessors and the nephew of an- denied. for their children’s education. This other. On June 15 this year, it will be 3 money may be spent on tuition, a com- His father, Alonzo Folger, Sr., rep- years since Robert has seen his chil- puter, or even a tutor. Best of all, 76 resented the 5th District of North dren or spoken with them. The German percent of all the children who will Carolina from 1939 to 1941, and his authorities refuse to tell him where benefit from the ESAs currently attend uncle, John Folger, represented the they are. public schools. district from 1941 to 1949. Mr. Speaker, I urge my colleagues to help me reunite parents with their Success in America begins in the Lon Folger was a family man, an at- classroom. Let us give all children an torney, a community leader, a political children and to support the resolution that I introduced, along with the gen- opportunity to achieve the American activist, and a friend to many. I will Dream. Let us pass H.R. 7. never forget the support he, a leading tleman from Ohio (Mr. CHABOT), which urges signatories to uphold the Hague Democratic figure in North Carolina, f gave me, a Republican, when I ran for Convention on the civil aspects of Congress in 1994. Lon not only sup- international child abduction. We must ported me in that election but, from bring our children home. EDUCATION SAVINGS ACCOUNTS f that time until his death, he was al- (Mr. PETRI asked and was given per- ways willing to serve as an adviser to MISGUIDED LEGISLATION ON mission to address the House for 1 me on many issues we dealt with here ILLEGAL GAMBLING minute and to revise and extend his re- in Congress. (Mr. GIBBONS asked and was given marks.) Lon Folger was the type of person permission to address the House for 1 whose word was his bond. A handshake Mr. PETRI. Mr. Speaker, 2 years ago minute and to revise and extend his re- we approved legislation which allows could be counted on to be a valid writ- marks.) ten contract. Lon was honest and parents to put aside $500 each year in Mr. GIBBONS. Mr. Speaker, legisla- education savings accounts, where the forthright. He was fair in his dealings tion has been introduced in this Con- with people, even those who he dis- money can be invested in order to grow gress that calls for preempting the tax free and where it can be added to agreed with. State laws of Nevada and closing down Lon was a leader in his community each year so that it can grow enough to legal sports wagering entities. help pay for college tuition. and, over the years, involved himself in Certainly the problem of illegal gam- numerous efforts to make his home- bling and the results of illegal gam- Ever since we managed to get edu- town, Madison, North Carolina, a bet- bling are serious and must be addressed cation savings accounts enacted into ter place to live. He could always be by this Nation. However, banning the law, we have been trying to raise the counted on to answer the call when highly regulated and closely supervised amounts parents are allowed to put there was a need, and he consistently legal sports betting located in Nevada into their children’s accounts each devoted his time and energy to helping is not the solution. year. We have been trying to extend others. According to FBI experts, the strict education savings accounts so that par- If we are fortunate enough in our regulations on sports betting in Nevada ents, grandparents, or other interested lifetimes, we have the occasion to cross have helped law enforcement officials parties will be able to use them to pre- paths with a handful of very special in their efforts to stop illegal sports pare for private or parochial, elemen- people who teach us and are willing to betting. Mr. Speaker, legislation ban- tary or high school expenses. help us understand where they have ning legal sports’ wagering is simply If a family were able to put $2,000 in been before us. Lon Folger was that not the solution to stopping illegal bet- an education savings accounts every type of special friend for me, and I will ting. year, from the time a child was born, always be grateful for the opportunity I have introduced H.R. 3800, which and if the account averaged 71⁄2 percent to have sought his counsel, knowing calls for the U.S. Justice Department interest annually, it would hold $14,500 that I could trust his judgment. to analyze illegal sports gaming and by the time the child got to 1st grade. I extend my sympathy to his wife make recommendations in combating If nothing were withdrawn and annual Elizabeth and to the rest of the family it. Enforcement of our current laws is savings continued, that amount would on their loss. Lon Folger’s death is a the solution, outlawing a law that en- rise to $46,500 when it was time for high loss not only for his family but for the forces these laws is not a solution. school. community and the State he loved so f much, and he will certainly be missed President Clinton vetoed an exten- by all who knew him. SUCCESS IN AMERICA BEGINS IN sion of education savings accounts last THE CLASSROOM f September, but I am confident that (Mr. BALLENGER asked and was most of us in the House think parents INTERNATIONAL ABDUCTION given permission to address the House should be encouraged to save for their (Mr. LAMPSON asked and was given for 1 minute and to revise and extend kids’ futures and that is why we are permission to address the House for 1 his remarks.) going to try again.

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.011 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1421 U.S. MINT’S DENIGRATION OF This country was built by Americans There was no objection. FOUNDING FATHER IN ADVER- of all ages who labored to realize their f TISEMENT PROGRAM SHOULD BE dreams. We have always rewarded work STOPPED in America; and it is high time we re- COMMUNICATION FROM THE CLERK OF THE HOUSE (Mr. BARTLETT of Maryland asked warded, not penalized, our seniors for and was given permission to address their hard work. The SPEAKER pro tempore laid be- the House for 1 minute and to revise f fore the House the following commu- nication from the Clerk of the House of and extend his remarks.) CONGRATULATING UNIVERSITY OF Representatives: Mr. BARTLETT of Maryland. Mr. WISCONSIN MEN’S BASKETBALL Speaker, I rise today to take issue with TEAM OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, the United States Mint’s misguided de- (Mr. RYAN of Wisconsin asked and cision to denigrate our Founding Fa- Washington, DC, March 27, 2000. was given permission to address the Hon. J. DENNIS HASTERT, ther in their current advertisements House for 1 minute.) The Speaker, House of Representatives, promoting their new $1 coin. Mr. RYAN of Wisconsin. Mr. Speaker, Washington, DC. b 1415 I rise today to extend my congratula- DEAR MR. SPEAKER: Pursuant to the per- tions to the University of Wisconsin’s mission granted in Clause 2(h) of Rule II of A current television advertisement men’s basketball team on their first the Rules of the U.S. House of Representa- campaign has an image of George Final Four appearance in 59 years. The tives, I have the honor to transmit a sealed Washington dancing in a night club. envelope received from the White House on Badgers got to the Final Four by win- And here is an ad from last Sunday’s March 27, 2000 at 4:30 p.m. and said to con- ning the Western Regional in the Washington Post which shows George tain a message from the President whereby NCAA Tournament over the past 2 he transmits a semiannual report on pay- Washington with two drinking women. weeks. Here is one from last Thursday in the ments to Cuba related to telecommuni- Led by head coach Dick Bennett, the cations services. same newspaper, the Washington Post, Badgers pulled off three upsets in a row With best wishes, I am which shows George Washington with to make it to the Final Four. The Sincerely, the phrase, ‘‘Change Happens.’’ Badgers’ style of play proves that de- JEFF TRANDAHL, Now, we all know the origin of this fense wins basketball games. Clerk of the House. phrase, blank happens, and it is dis- Wisconsin may not be known for hav- f gusting. I can say with complete cer- ing the best athletes in the tour- PERIODIC REPORT ON NATIONAL tainty that our first President would nament, but they advanced with a pa- EMERGENCY WITH RESPECT TO not approve of this portrayal of him- tient and disciplined offense, a tena- UNITA—MESSAGE FROM THE self. cious man-to-man defense, and a great PRESIDENT OF THE UNITED And it gets worse. The Mint has initi- deal of heart and perseverance. ated a $45 million advertising cam- The Wisconsin Badgers have exceeded STATES paign of which this is a part. That is many people’s expectations in getting The SPEAKER pro tempore laid be- the taxpayers’ money. These funds to the Final Four this year. In fact, fore the House the following message come directly out of the Treasury De- along with the North Carolina Tar from the President of the United partment’s budget. I am quite sure this Heels, they are the lowest seed to reach States; which was read and, together money could be spent on more produc- the Final Four since 1986. with the accompanying papers, without tive activities. Wisconsin’s tournament wins can be objection, referred to the Committee Mr. Speaker, it is no wonder many of credited in part to the defensive pres- on International Relations: today’s youth have little or no knowl- sure of Mike Kelley, the three-point To the Congress of the United States: edge of our Founding Father and first sharp shooting of Jon Bryant, and the As required by section 401(c) of the President, George Washington. This great front court offensive play of National Emergencies Act, 50 U.S.C. type of treatment by our own Govern- Andy Kowske. 1641(c), and section 204(c) of the Inter- Wisconsin faces a tough assignment ment agencies only goes to further national Emergency Economic Powers on Saturday when we go up against the denigrate the image of one of our Act, 50 U.S.C. 1703(c), I transmit here- Michigan State Spartans. I wish the greatest citizens, and this advertising with a 6-month periodic report on the Wisconsin Badgers the best of luck in campaign should be halted imme- national emergency with respect to the Indianapolis this weekend in their diately. National Union for the Total Independ- quest to bring Wisconsin its first cham- f ence of Angola (UNITA) that was de- pionship since 1941. clared in Executive Order 12865 of Sep- SOCIAL SECURITY EARNINGS f LIMIT tember 26, 1993. COMMUNICATION FROM CHAIRMAN WILLIAM J. CLINTON. (Mr. SAM JOHNSON of Texas asked OF COMMITTEE ON TRANSPOR- THE WHITE HOUSE, March 27, 2000. and was given permission to address TATION AND INFRASTRUCTURE the House for 1 minute and to revise f and extend his remarks.) The SPEAKER pro tempore (Mr. COMMUNICATION FROM THE Mr. SAM JOHNSON of Texas. Mr. PETRI) laid before the House the fol- CLERK OF THE HOUSE Speaker, my colleagues have heard of lowing communication from the chair- The SPEAKER pro tempore laid be- eliminating the Social Security earn- man of the Committee on Transpor- fore the House the following commu- ings penalty. Well, we are finally doing tation and Infrastructure, which was nication from the Clerk of the House of it today. read and, without objection, referred to Representatives: It has been a long fight for our sen- the Committee on Appropriations: iors, but today we are going to vote to COMMITTEE ON TRANSPORTATION AND OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, end the Social Security earnings pen- INFRASTRUCTURE, HOUSE OF REP- RESENTATIVES, Washington, DC, March 27, 2000. alty. Hon. J. DENNIS HASTERT, The gentleman from Texas (Chair- Washington, DC, March 21, 2000. Hon. J. DENNIS HASTERT, The Speaker, House of Representatives, man ARCHER) has been working on that Speaker of the House, Washington, DC. issue since 1973, and I have been work- Washington, DC. DEAR MR. SPEAKER: Pursuant to the per- ing on it since I got in the Congress in DEAR MR. SPEAKER: Enclosed are copies of mission granted in Clause 2(h) of Rule II of 1991. resolutions adopted on March 16, 2000 by the the Rules of the U.S. House of Representa- Our seniors deserve the right to work Committee on Transportation and Infra- tives, I have the honor to transmit a sealed without being penalized by the Federal structure. Copies of the resolutions are being envelope received from the White House on transmitted to the Department of the Army. March 27, 2000 at 4:29 p.m. and said to con- Government. Senior Americans are With kind personal regards, I am, tain a message from the President whereby diligent, experienced, productive; and Sincerely, he transmits a 6-month periodic report on they want to work without the fear of BUD SHUSTER, the national emergency with respect to losing their Social Security benefits. Chairman. UNITA/Angola.

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.012 pfrm06 PsN: H28PT1 H1422 CONGRESSIONAL RECORD — HOUSE March 28, 2000

With best wishes, I am, (1) ESTABLISHMENT OF FUND.—There shall be chlorate associated with the former Naval Sincerely, established within the Treasury of the United ‘‘Weapons Industrial Reserve Plant’’ at JEFF TRANDAHL, States an interest bearing account to be known McGregor, Texas. Clerk of the House. as the San Gabriel Basin Restoration Fund (in (2) CADDO LAKE.—The Secretary, in coordina- f this section referred to as the ‘‘Restoration tion with other Federal agencies and the North- Fund’’). east Texas Municipal Water District, shall par- PERIODIC REPORT ON TELE- (2) ADMINISTRATION OF FUND.—The Restora- ticipate under subsection (a) in investigations COMMUNICATIONS PAYMENTS tion Fund shall be administered by the Sec- and projects relating to perchlorate contamina- MADE TO CUBA PURSUANT TO retary of the Army, acting through the Chief of tion in Caddo Lake, Texas. TREASURY DEPARTMENT SPE- Engineers (in this Act referred to as the ‘‘Sec- (3) EASTERN SANTA CLARA BASIN.—The Sec- retary’’). The Secretary shall administer the retary, in coordination with other Federal, CIFIC LICENSES—MESSAGE State, and local government agencies, shall par- FROM THE PRESIDENT OF THE Fund in cooperation with the San Gabriel Basin Water Quality Authority, or its successor agen- ticipate under subsection (a) in investigations UNITED STATES cy. and projects related to sites that are sources of The SPEAKER pro tempore laid be- (3) PURPOSES OF FUND.— perchlorates and that are located in the city of fore the House the following message (A) IN GENERAL.—Subject to subparagraph Santa Clarita, California. (B), the amounts in the Restoration Fund, in- (c) AUTHORIZATION OF APPROPRIATIONS.—For from the President of the United the purposes of carrying out the activities au- States; which was read and, together cluding interest accrued, shall be utilized by the Secretary— thorized in this section, there is authorized to be with the accompanying papers, without (i) to design and construct water quality appropriated to the Secretary $25,000,000, of objection, referred to the Committee projects to be administered by the San Gabriel which not to exceed $8,000,000 shall be available on International Relations: Basin Water Quality Authority and the Central to carry out subsection (b)(1), not to exceed $3,000,000 shall be available to carry out sub- To the Congress of the United States: Basin Water Quality Project to be administered by the Central Basin Municipal Water District; section (b)(2), and not to exceed $7,000,000 shall As required by section 1705(e)(6) of and be available to carry out subsection (b)(3). the Cuban Democracy Act of 1992, 22 (ii) to operate and maintain any project con- The SPEAKER pro tempore. Pursu- U.S.C. 6004(e)(6), as amended by section structed under this section for such period as ant to the rule, the gentleman from 102(g) of the Cuban Liberty and Demo- the Secretary determines, but not to exceed 10 Pennsylvania (Mr. SHUSTER) and the cratic Solidarity (LIBERTAD) Act of years, following the initial date of operation of gentleman from Pennsylvania (Mr. 1996, Public Law 104–114, 110 Stat. 785, I the project. BORSKI) each will control 20 minutes. transmit herewith a semiannual report (B) COST-SHARING LIMITATION.—The Secretary The Chair recognizes the gentleman may not obligate any funds appropriated to the ‘‘detailing payments made to Cuba . . . from Pennsylvania (Mr. SHUSTER). Restoration Fund in a fiscal year until the Sec- Mr. SHUSTER. Mr. Speaker, I am as a result of the provision of tele- retary has deposited in the Fund an amount communications services’’ pursuant to provided by non-Federal interests sufficient to pleased to yield 5 minutes to the gen- Department of the Treasury specific li- ensure that at least 35 percent of any funds ob- tleman from California (Mr. DREIER), censes. ligated by the Secretary are from funds provided the distinguished chairman of the Com- WILLIAMS J. CLINTON. to the Secretary by the non-Federal interests. mittee on Rules, who is the principal THE WHITE HOUSE, March 27, 2000. The San Gabriel Basin Water Quality Authority author of this legislation and the driv- f shall be responsible for providing the non-Fed- ing force behind it. eral amount required by the preceding sentence. Mr. DREIER. Mr. Speaker, I would ANNOUNCEMENT BY SPEAKER PRO The State of California, local government agen- like to begin by saying first, I serve on TEMPORE cies, and private entities may provide all or any the Committee on Rules, and it is a portion of such amount. great thrill to stand here suspending The SPEAKER pro tempore. Pursu- (b) COMPLIANCE WITH APPLICABLE LAW.—In ant to clause 8 of rule XX, the Chair carrying out the activities described in this sec- the rules for consideration of this very announces that he will postpone fur- tion, the Secretary shall comply with any appli- important legislation. ther proceedings today on each motion cable Federal and State laws. I want to congratulate the gentleman to suspend the rules on which a re- (c) RELATIONSHIP TO OTHER ACTIVITIES.— from Pennsylvania (Mr. SHUSTER), the corded vote or the yeas and nays are Nothing in this section shall be construed to af- distinguished chairman of the Com- ordered, or on which the vote is ob- fect other Federal or State authorities that are mittee on Transportation and Infra- being used or may be used to facilitate the jected to under clause 6 of rule XX. structure, my very good friend, whom I cleanup and protection of the San Gabriel and supported in his quest for Whip 2 dec- Any record votes on postponed ques- Central groundwater basins. In carrying out the ades ago; and also the gentleman from tions may be taken after debate is con- activities described in this section, the Secretary New York (Mr. BOEHLERT), the very cluded on all motions to suspend the shall integrate such activities with ongoing Fed- distinguished chairman of the Sub- rules but not before 6 p.m. today. eral and State projects and activities. None of committee on Water Resources and En- f the funds made available for such activities pur- suant to this section shall be counted against vironment; along with the gentleman SAN GABRIEL BASIN WATER any Federal authorization ceiling established from Pennsylvania (Mr. BORSKI), the QUALITY INITIATIVE for any previously authorized Federal projects ranking minority member of the sub- or activities. committee. Mr. SHUSTER. Mr. Speaker, I move (d) AUTHORIZATION OF APPROPRIATIONS.— Also, I would like to point to several to suspend the rules and pass the bill (1) IN GENERAL.—There is authorized to be ap- of my colleagues from the San Gabriel (H.R. 910) to authorize the Secretary of propriated to the Restoration Fund established Valley, the gentleman from California the Army, acting through the Chief of under subsection (a) $85,000,000. Such funds (Mr. MARTINEZ), who is here and who, Engineers and in coordination with shall remain available until expended. in fact, reminded me of an event out in other Federal agency heads, to partici- (2) SET-ASIDE.—Of the amounts appropriated California that they came to him and under paragraph (1), no more than $10,000,000 pate in the funding and implementa- talked to him about introducing this tion of a balanced, long-term solution shall be available to carry out the Central Basin Water Quality Project. legislation, and I am very pleased that to the problems of groundwater con- he has played a key role in helping to tamination, water supply, and reli- SEC. 3. PERCHLORATE. (a) IN GENERAL.—The Secretary, in coopera- make this possible; our colleague, the ability affecting the San Gabriel tion with Federal, State, and local government gentlewoman from California (Mrs. groundwater basin in California, and agencies, is authorized to participate in studies NAPOLITANO), who joined in cospon- for other purposes, as amended. and other investigative activities and in the soring; and also a very important driv- The Clerk read as follows: planning and design of projects determined by ing force behind this legislation has H.R. 910 the Secretary to offer a long-term solution to the been my colleague, the gentleman from problem of groundwater contamination caused Be it enacted by the Senate and House of Rep- California (Mr. ROGAN), with whom I by perchlorates. resentatives of the United States of America in share representation of the City of (b) INVESTIGATIONS AND PROJECTS.— Congress assembled, Pasadena, which is in the San Gabriel (1) BOSQUE AND LEON RIVERS.—The Secretary, SECTION 1. SHORT TITLE. in coordination with other Federal agencies and Valley. This Act may be cited as the ‘‘San Gabriel the Brazos River Authority, shall participate We are here for consideration of some Basin Water Quality Initiative’’. under subsection (a) in investigations and legislation that is very, very important SEC. 2. SAN GABRIEL BASIN RESTORATION. projects in the Bosque and Leon River water- not just for Southern California; but, (a) SAN GABRIEL BASIN RESTORATION.— sheds in Texas to assess the impact of the per- in fact, for the rest of the Nation.

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.005 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1423 I see the gentleman from Texas (Mr. joyed on this legislation. I hope very the Secretary’s costs under this bill. As SESSIONS), my colleague from the Com- much that we will be able to move it the committee report clearly states, mittee on Rules, here on the floor. He through both bodies. And while there nothing limits the authority of the is very concerned about the discovery was early indication that the Army United States to pursue remedial ac- of perchlorates in groundwater, and it Corps of Engineers and the White tion and to recover its costs from re- poses a very serious threat to many House was less than supportive on this, sponsible parties, including the costs of parts of the country. So this legisla- I am convinced that President Clinton work performed under this bill. I fully tion is not simply geared towards deal- will want to join this strong bipartisan expect the Secretary of the Army to ing with the problem that has devel- coalition and lend his support for this exercise his fiduciary responsibilities oped in Southern California but for the very important measure. and recover expenditures made under entire Nation. I again thank my very good friend, this bill from responsible parties where During the 1950s and 1960s, when we the gentleman from Pennsylvania (Mr. such costs are recoverable under Fed- were in the midst of our buildup which SHUSTER), the gentleman from New eral or State law. allowed us to win the Cold War, there York (Mr. BOEHLERT), the gentleman Finally, this bill would include with- were many companies which legally, from Pennsylvania (Mr. BORSKI), and in the existing studies, investigations and I underscore the word ‘‘legally,’’ the leadership of their committee and and projects on perchlorate contamina- dumped spent rocket fuel; and, in so the subcommittee for the expeditious tion an authorization that certain doing, it has created problems which way in which they have moved this amounts be used to address contamina- have just recently come to the fore- very responsible legislation. tion at designated sites in Texas and front. Mr. BORSKI. Mr. Speaker, I yield California. These projects are author- I will say that we found that the myself such time as I may consume. ized to develop new and innovative so- threat of contaminated water in South- (Mr. BORSKI asked and was given lutions to the problem of groundwater ern California could affect literally permission to revise and extend his re- contamination caused by perchlorates. millions of people. Literally millions of marks.) I want to commend the gentleman people could be affected by this. Mr. BORKSI. Mr. Speaker, the San from Texas (Mr. EDWARDS) and our And so, a very strong consensus plan Gabriel Basin is facing a serious water committee colleagues the gentleman was put together among those in quality and public health problem. The from Texas (Mr. LAMPSON) and the gen- Southern California who deal with the groundwater aquifer underlying this tleman from Texas (Mr. SANDLIN) for water issue. I am pleased that, in look- basin has been contaminated with a va- their work on behalf of this provision. ing at that consensus plan, that we riety of hazardous substances, threat- I urge an ‘‘aye’’ vote on this bill. Mr. Speaker, I reserve the balance of were able to come up with legislation ening the primary water supply of over which is designed to provide $75 million my time. 1.5 million people in Southern Cali- Mr. SHUSTER. Mr. Speaker, I am for the cleanup and then a very impor- fornia. pleased to yield 2 minutes to the gen- tant $25 million to deal with research There is also evidence that this con- tleman from New York (Mr. BOEH- into ways in which we can ensure that tamination may be spreading to the LERT), the distinguished chairman of this problem will not expand in other surrounding aquifers that supply our Subcommittee on Water Resources parts of the country. drinking water for a majority of the and Environment. And so I will say that I know that residents of Los Angeles County. Mr. BOEHLERT. Mr. Speaker, I this very important environmental leg- I want to commend the gentleman thank the distinguished gentleman for islation will enjoy strong bipartisan from California (Mr. DREIER), our dis- yielding me this time. support, as has been evidenced by those tinguished chairman of the Committee I rise in strong support of H.R. 910, a who serve on the committee of juris- on Rules; the gentlewoman from Cali- bill to clean up groundwater contami- diction and other members from fornia (Mrs. NAPOLITANO); the gen- nation and protect water supply in the around the country who I know are tleman from California (Mr. MAR- San Gabriel and Central Basins in Cali- strongly committed to this. TINEZ); and the gentleman from Cali- fornia. I want to say that I believe we should fornia (Mr. HORN), a valuable member Let me start out by first acknowl- move this as expeditiously as possible. of our committee; and the entire area edging the super efforts of the distin- This is, in fact, a public-private part- delegation for bringing this matter to guished gentleman from California nership. I believe that those who are the attention of the committee and for (Mr. DREIER), chairman of the Com- responsible for dumping this spent their efforts to address the cleanup of mittee on Rules, who brought this mat- rocket fuel should be responsible. But contaminated groundwater in the San ter to our attention. He has been a unfortunately, many of those busi- Gabriel Basin. leader in this effort. I also wish to ac- nesses which are responsible are no The bill we are considering today knowledge the area’s bipartisan delega- longer in operation. And so that is why would authorize the creation of a res- tion, including the gentleman from we have had to step up to the plate and toration fund to approve water quality California (Mr. HORN) and the gentle- take on part of this responsibility. within the basin. Monies from this fund woman from California (Ms. Now, we could have embarked on a could be used by the Secretary of the MILLENDER-MCDONALD), both of whom big load of litigation. But would those Army in conjunction with local water serve on the Committee on Transpor- lawsuits do anything to clean up the quality authorities to construct, oper- tation and Infrastructure. There are a groundwater contamination, the threat ate, and maintain projects within the whole lot of people responsible for the that those perchlorates have? No. San Gabriel Basin. success we are going to enjoy today, And so that is why the responsible none more important than the gen- b 1430 thing for us to do is to say to those tleman from Pennsylvania (Mr. SHU- businesses which are still in existence, This legislation would authorize STER) the chairman of the full com- like Arrowjet and other companies, funding for the design, planning, and mittee and the gentleman from Min- that they need to shoulder part of this construction of water quality projects nesota (Mr. OBERSTAR) the ranking responsibility. But at the same time, in the Central Basin region of Cali- Democrat as well as my partner, the when we have businesses that are no fornia. It is envisioned that these gentleman from Pennsylvania (Mr. longer there, to make sure that we projects would be helpful in halting the BORSKI). have clean drinking water in Southern spread of perchlorate contamination Contamination of the groundwater in California and in the rest of the Na- into the neighboring aquifers. the San Gabriel Basin was first de- tion, it is important for us to again Mr. Speaker, portions of the San Ga- tected back in 1979. EPA placed the step up to the plate and take on the re- briel Basin have been designated as a valley on the Superfund’s national pri- sponsibility of cleaning it up and mak- Superfund site. That program assigns orities list in 1984. Here we are 16 years ing sure that we do not have a threat liability for cleanup costs to respon- later with very little progress. that is posed. sible parties. Nothing in this bill af- At its hearing on this legislation last And so I am pleased with the very, fects the application of Superfund’s li- fall, the Subcommittee on Water Re- very strong support that we have en- ability provisions to the recovery of sources and Environment learned that

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.020 pfrm06 PsN: H28PT1 H1424 CONGRESSIONAL RECORD — HOUSE March 28, 2000 contamination from the San Gabriel nation in an economical and time sen- Mr. BORSKI. Mr. Speaker, I yield 3 Basin has already spread into the adja- sitive manner. It is time for the Fed- minutes to the gentlewoman from Cali- cent Central Basin aquifer. This eral Government to catch up with the fornia (Mrs. NAPOLITANO), a prime groundwater contamination now others in the San Gabriel Basin in as- sponsor of the bill. threatens the drinking water for half of suming responsibility for its actions. Mrs. NAPOLITANO. Mr. Speaker, I Los Angeles County. That is totally Eleven potentially responsible parties am so happy that I am hearing the sup- unacceptable. have voluntarily agreed to contribute port, the bipartisan support for this Under H.R. 910, the Federal Govern- over $200 million in cleanup expenses. measure, and I am also here to join as ment would assist the San Gabriel While this funding will cover a large an original cosponsor of this measure. I Water Quality Authority in conducting portion of the cleanup, Federal funds would like to also thank my good groundwater cleanup projects, and we are necessary to ensure cooperation by friend and respected colleague the gen- provide $75 million for that purpose. the potentially responsible parties and tleman from California (Mr. DREIER) We also authorize $25 million for inves- act as an immediate solution to an for offering this legislation and helping tigation into solutions to groundwater ever growing problem. it move quickly through the House. contamination caused by perchlorate, a Although there are still many hur- I thank the gentleman from Pennsyl- component of rocket fuel. As has been dles to overcome in saving our water vania (Mr. BORSKI) and others from the said so eloquently by previous speak- supply, the time for Federal action is Committee on Transportation and In- ers, this is a must-do bill; and we now. The primary responsible parties frastructure for understanding the im- should put it on a fast track. in the San Gabriel Basin have dem- portance of this particular area of con- Mr. BORSKI. Mr. Speaker, I yield 3 onstrated their commitment to saving tamination in California that has af- minutes to the distinguished gen- the region’s groundwater with their fected a lot of us that live and work in tleman from California (Mr. MAR- checkbooks. They are doing it with those areas. The San Gabriel Basin Water Quality TINEZ), a Member representing the San their checkbooks. It is time for the Gabriel area and one who worked very Federal Government to use this broad- Initiative is of critical importance to hard on this bill. ly supported bill as an opportunity to the people of my district. Those water aquifers, the underground streams run- Mr. MARTINEZ. Mr. Speaker, I am do the same. pleased to join my colleagues on both Mr. SHUSTER. Mr. Speaker, I am ning through the San Gabriel Valley sides of the aisle today in support of pleased to yield 2 minutes to the dis- which supply drinking water to 1.4 mil- H.R. 910, the San Gabriel Basin Water tinguished gentleman from California lion people, have been known to be con- taminated with volatile organic com- Quality Initiative introduced by my (Mr. HORN), a member of our com- good friend and San Gabriel Valley mittee. pounds for over two decades. I have been working on this issue and neighbor, the chairman of the Com- Mr. HORN. Mr. Speaker, I thank the trying to bring it to some kind of clo- mittee on Rules the gentleman from gentleman from Pennsylvania (Mr. sure since I served on the local city California (Mr. DREIER). SHUSTER) for this. The gentleman from council and managed to get a water co- It is refreshing to sponsor and co- Pennsylvania chairs the most bipar- alition and been following its non- sponsor legislation which not only tisan committee in this House and progress. Then in the past 3 years, per- crosses party lines but is also strongly Members can tell how both sides, the chlorate and other dangerous chemi- supported by environmentalists, local gentleman from Pennsylvania (Mr. cals related to rocket fuels have also government, and business. It is a bill SHUSTER), the gentleman from Min- been found in that water. The contami- that came together because of the peo- nesota (Mr. OBERSTAR), the gentleman nation is seeping below the spreading ple who were concerned in that area in from Pennsylvania (Mr. BORSKI), and grounds at Whittier Narrows and into an effort to try to avoid costly lawsuits the gentleman from New York (Mr. my district. Volatile organic com- and long litigation. BOEHLERT) have come together and pounds have seeped from the San Ga- Since contaminants were discovered moved this legislation. briel Basin into the Central Basin and in the San Gabriel Valley water supply Mr. Speaker, the legislation we con- it comes down into my area, a large some 20 years ago, there has been a sider today is absolutely essential. underground water system that pro- concentrated effort to find a solution H.R. 910, the San Gabriel Basin Water vides water for an additional 1.5 mil- that equitably distributes the responsi- Quality Initiative, will help restore lion people in Montebello, Pico Rivera, bility for the pollution while removing vital groundwater resources in Cali- Whittier, Santa Fe Springs, Norwalk, the contaminants from our water sup- fornia where up to 3 million have lost Long Beach, and other communities. ply as quickly as possible. or are in danger of losing access to H.R. 910, the San Gabriel Basin Water The rocket fuel contamination is a critical groundwater reserves in our Quality Initiative, provides the way by-product of Federal contract work. area. H.R. 910 is the key to fixing this and the means by which Federal, State For years the Federal Government con- problem. and local government agencies and pri- tracted with local firms to produce The bill is a product of local coopera- vate business can collectively work to- greatly needed aircraft and rocket tion that should be also an example to wards a timely cleanup of the impor- parts. Unknown to any at the time, other areas of the country. Faced with tant San Gabriel and Central water ba- this production led to the leakage of a difficult and expensive problem, the sins, and will also serve as my col- rocket fuel and other substances into local stakeholders have come together leagues have heard as an example of the aquifer, polluting the area’s to restore and maintain groundwater how aquifer contaminants can be ad- groundwater supplies. There is no ques- for millions of people. H.R. 910 author- dressed and effectively implemented to tion that the groundwater in the San izes the closure of a small but critical clean up. Gabriel Valley is contaminated. Over gap in funding needed to accomplish Since it was a Federal Government one-quarter of the 366 water supply this goal. defense contract that led to the intro- wells in the San Gabriel Valley have Here in Congress, this bill is also a duction of the perchlorate and other been contaminated, affecting approxi- product of cooperation as I noted ear- rocket fuel related chemicals into our mately 1.4 million residents of the lier. The gentleman from California groundwater, I believe that the Federal greater part of Los Angeles County. (Mr. DREIER), the distinguished chair- Government has its share of responsi- Much of the water pollution is a prod- man of the Committee on Rules, has bility and should take a role in helping uct of Federal contract work. These forged a bipartisan coalition to support clean up the contaminated area that pollutants are rapidly making their this bill. If a real cleanup is going to threatens our communities. way underground into the Central occur in California or elsewhere, it re- This legislation will help more than 3 Basin of Los Angeles County. quires the level of cooperation dem- million people in our county that trust I strongly support H.R. 910, the San onstrated in H.R. 910. the water that flows from their tap. Gabriel Basin Water Quality Initiative. Let us pass this model pilot program. Mr. SHUSTER. Mr. Speaker, I am H.R. 910 addresses the importance of If this program is successful, many pleased to yield 3 minutes to the dis- researching rocket fuel contamination parts of our Nation will soon follow. tinguished gentleman from Texas (Mr. and aims to stop the spread of contami- Vote for H.R. 910. SESSIONS).

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.022 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1425 Mr. SESSIONS. Mr. Speaker, I appre- Mr. Speaker, H.R. 910 is supported by Under the solution advanced by the local ciate the opportunity to work with the a bipartisan coalition interested in pro- community and their congressional delegation, gentleman from Pennsylvania (Mr. tecting the environmental resources in the Army Corps of Engineers will help the SHUSTER) today. and around the Los Angeles area. This local community work with the State and the I rise in support of H.R. 910, the San legislation will establish the San Ga- business community to build water treatment Gabriel Basin Water Quality Initiative. briel Basin Restoration Fund that will projects that will stop the spread of contamina- I commend not only the gentleman be comprised of a unique partnership of tion and protect their water supplies. from New York (Mr. BOEHLERT) but State, local and Federal funding These treatment plants will accelerate the also the gentleman from Pennsylvania sources. cleanup of the San Gabriel Basin in advance (Mr. SHUSTER) for bringing this legisla- Our measure will authorize $75 mil- of EPA's cleanup schedule. This effort also tion to the floor in such a quick and lion over 5 years and set aside $25 mil- should reduce the overall cost of the cleanup expedited manner. lion for research and development of because it is a lot cheaper to keep ground- H.R. 910 is sponsored by my colleague treatment programs to ensure that the water from getting contaminated than it is to the gentleman from California (Mr. mistakes of the past are not the mis- clean it up. DREIER). I believe it provides a na- takes of the future. This bill will im- This assistance should lead to a true public- tional model for protection of our Na- prove the quality of the environment private partnership for addressing an historic tion’s water supply from perchlorate. in the San Gabriel Basin region and contamination problem of enormous mag- Perchlorate is an inorganic chemical will put the resources of the Federal nitude. used to manufacture solid rocket fuel Government behind local environ- As we looked at this matter, we also discov- and other explosives. I want to thank mental experts. ered that perchlorate contamination is a na- the gentleman from California (Mr. Even more significant is the oppor- tional problem, particularly at facilities that DREIER) for his assistance in addressing tunity to make the San Gabriel Valley have manufactured or tested solid rocket fuels this important conservation issue in a Water Quality Initiative a test case for part of my district which also impacts for the Department of Defense or NASA. similar programs around the country. To address this, H.R. 910 authorizes $25 the entire Brazos River Corridor in The Los Angeles area faces unique Central Texas by adding funding to the million for research into solutions to ground- challenges, but by uniting these offi- water contamination caused by perchlorate. study of perchlorate contamination cials, we are confident that these chal- originating from the former Naval Again, I congratulate the sponsor of this leg- lenges can be met and the environment islation and urge all Members to support H.R. Weapons Industrial Reserve Plant in protected. What is more, the San Ga- McGregor, Texas. 910. briel Water Quality Initiative can Mr. GARY MILLER of California. Mr. Speak- With this funding, the Brazos River serve as a model for similar areas when Authority and the Corps of Engineers er, I rise in support of H.R. 910, the ``San Ga- they confront cleanup of underground briel Basin Water Quality Initiative.'' The San will be able to carefully assess the ex- contamination. tent of perchlorate contamination in Gabriel Basin supplies drinking water for al- Finally, Mr. Speaker, I want to most one and a half million people in Southern this very critical watershed. By doing thank the distinguished gentleman so, they will not only protect the California. It is a valuable natural asset whose from California (Mr. DREIER), the management is vital for all who depend on it. drinking water of Central Texas but chairman of the Committee on Rules, will also protect the Brazos Basin from H.R. 910 encourages the input of local in- for his incredible leadership on this bill dustry and businesses, community and envi- Waco to the Gulf of Mexico. and in bringing it before the com- I am grateful to my colleagues in the ronmental leaders and government officials mittee. from the local, state and federal levels. In- Brazos Basin including the gentleman Mr. BORSKI. Mr. Speaker, I have no stead of costly litigation to punish or shield from Texas (Mr. DELAY), the majority further requests for time, and I yield from liability, H.R. 910 provides incentives for whip; the gentleman from Texas (Mr. back the balance of my time. COMBEST); the gentleman from Texas Mr. SHUSTER. Mr. Speaker, this is a these groups to participate in clean up and (Mr. THORNBERRY); and the gentleman powerful piece of environmental legis- management efforts for ground water and from Texas (Mr. BRADY), all of whom lation, and I strongly urge its support. water sources affecting the San Gabriel Water have united in requesting this provi- Mr. Speaker, I commend our esteemed col- Basin. sion. Texans are proud to join with our league from California, Congressman DAVID One of the greatest obstacles to ground colleagues from not only California but DREIER, for his leadership on this important water clean up is the economic cost incurred also other areas of the country in cre- environmental legislation. by private industry and the controlling govern- ating a national model for addressing Ground water contamination was discovered ment authorities. This bill addresses this prob- this threat of perchlorate. in the San Gabriel Basin in 1979. EPA placed lem by authorizing funding for technology re- Mr. SHUSTER. Mr. Speaker, I am this area on the Superfund national priorities search that will allow for more cost-effective pleased to yield 2 minutes to the dis- list in 1984. Although this basin provides drink- clean up. Beyond this effort, it also provides tinguished gentleman from California ing water to 1.4 million people, EPA is only for technology development that will help (Mr. ROGAN). now getting around to addressing the contami- maintain cleaner groundwater systems. Mr. ROGAN. Mr. Speaker, first I As our population continues to grow, it is thank the distinguished chairman of nation at this site. To make matters worse, in 1997, per- important that we protect our groundwater re- the Committee on Transportation and sources against pollution. H.R. 910 provides Infrastructure for yielding me this chlorate was discovered in the groundwater. Percholorate is a component of rocket fuel $25 million dollars in research funding to study time. ways to prevent future groundwater contami- I rise today in strong support of H.R. and is very difficult to treat. nation in areas, like the San Gabriel Basin, 910, the San Gabriel Basin Water Qual- And just this past year, the local community which supply drinking water. Through this re- ity Initiative. In the Southern Cali- received even more devastating news: The fornia area, like much of the West, contamination from the San Gabriel Basin has search private industry and government agen- water is possibly the most precious spread into the Central Basin aquifer that pro- cies will have better resources to devise water commodity for local cities. However, in vides drinking water for half of Los Angeles management plans for future development. parts of my district and in water tables County. I believe that this bill provides us with a throughout the Los Angeles Basin, con- On a bipartisan basis, the representatives of model for future clean up efforts around the tamination as a result of industrial the San Gabriel Valley and the Central Basin, country. It maintains the groups already in- runoff has become a serious threat to led by Representative DREIER, worked with the volved in the clean up while empowering public safety. local community to develop a solution to this those who have vested interests in this clean In 1984, this water basin was des- problem. I commend their efforts and con- up effort. I would like to thank the Chairman ignated a Superfund site. The problem gratulate them on this legislation. of the Rules Committee for his efforts in con- continues. I also would like to thank the committee's structing this legislation, and urge Members of ranking Democratic member, Congressman this House to support H.R. 910. b 1445 JIM OBERSTAR, as well as Subcommittee Mr. SHUSTER. Mr. Speaker, I yield Today, cleanup is vital, and it is im- Chairman BOEHLERT and Congressman BOB back the balance of my time. perative that government act at all BORSKI for their help in moving this important The SPEAKER pro tempore (Mr. levels. legislation forward. PETRI). The question is on the motion

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.025 pfrm06 PsN: H28PT1 H1426 CONGRESSIONAL RECORD — HOUSE March 28, 2000 offered by the gentleman from Penn- Adair was first elected to the 82nd Con- was in Ross Adair’s 1968 reelection ef- sylvania (Mr. SHUSTER) that the House gress and served for 20 years in the fort when redistricting had put two suspend the rules and pass the bill, United States House of Representa- Congressmen into the same district. H.R. 910, as amended. tives. He became the ranking member The group that we developed was at The question was taken; and (two- on the Committee on Foreign Affairs that time the second largest youth thirds having voted in favor thereof) and was active on the Committee on group ever put together in the country, the rules were suspended and the bill, Veterans’ Affairs and on the Com- and as my colleagues can see from this as amended, was passed. mittee on Committees. old poster, E. Ross Adair was not nec- A motion to reconsider was laid on After his service in the United States essarily who one would think would at- the table. House of Representatives, President tract a lot of young people. In fact, one f Nixon appointed Adair ambassador to of my friends, Lauren Smith, did a Ethiopia, and he served as ambassador campaign for Winston Prouty, a Sen- GENERAL LEAVE until 1974. ator in Vermont, and Winston Prouty Mr. SHUSTER. Mr. Speaker, I ask This is a fitting honor for this dedi- dressed up in all of these fancy clothes unanimous consent that all Members cated public servant. I fully support and it said, do we elect Winston Prouty may have 5 legislative days within this bill, and I urge all of my col- because he is a swinger? You open it up which to revise and extend their re- leagues to support it as well. and it says, no, it is because he does a marks on H.R. 910. Mr. Speaker, I reserve the balance of good honest job of representing the The SPEAKER pro tempore. Is there my time. people of his district. objection to the request of the gen- Ms. BERKLEY. Mr. Speaker, I yield That is what E. Ross Adair did, and tleman from Pennsylvania? myself such time as I may consume. that is why many, 2,000 young people There was no objection. Mr. Speaker, H.R. 2412 is a bill to des- got involved in that youth campaign to f ignate the Federal building and United elect him and he won a very close and, States courthouse in Fort Wayne, Indi- E. ROSS ADAIR FEDERAL BUILD- quite frankly, unexpected victory in ana, as the ‘‘E. Ross Adair Federal ING AND UNITED STATES 1968. This particular poster, I collect a Building and United States Court- COURTHOUSE lot of Indiana memorabilia, and it is in house.’’ the 1952 campaign when he still had Mr. LATOURETTE. Mr. Speaker, I Congressman E. Ross Adair served hair. He lost his hair not too many move to suspend the rules and pass the his country and his State with bravery campaigns after that, as politics is bill (H.R. 2412) to designate the Federal and distinction for almost his entire prone to do. building and United States courthouse life. He was a dedicated teacher, deco- Let me give my colleagues a little bit located at 1300 South Harrison Street rated war hero, conscientious civil of his bio. He was born in Albion, Indi- in Fort Wayne, Indiana, as the ‘‘E. servant and diplomat. He served in the ana, a small town northwest of Fort Ross Adair Federal Building and House of Representatives for 20 years, Wayne in 1907 to parents Lue and Alice United States Courthouse’’. from 1951, the year that I was born, Adair. His mother and father were both The Clerk read as follows: until 1971, representing the citizens of educators. His father was a school su- H.R. 2412 the 4th District of Indiana. In 1972, perintendent and newspaper editor and President Nixon appointed him as am- Be it enacted by the Senate and House of Rep- his mother a school teacher. That resentatives of the United States of America in bassador to Ethiopia, where he was newspaper, by the way, still exists in Congress assembled, posted until 1974. In 1976, Adair served Albion. Ross’s parents emphasized the SECTION 1. DESIGNATION. on the Indiana State Privacy Commis- importance of education and encour- The Federal building and United States sion, and in 1976 he was appointed to aged him to be an avid reader. In fact, courthouse located at 1300 South Harrison President Ford’s reelection campaign. the family home contained one room Street in Fort Wayne, Indiana, shall be He was active in many civic organiza- solely dedicated to books, which later known and designated as the ‘‘E. Ross Adair tions as well as in his church. Federal Building and United States Court- became the first lending library in Mr. Speaker, it is fitting and proper house’’. Albion. Albion now has one of the most to acknowledge the accomplishments SEC. 2. REFERENCES. beautiful small-town libraries in the of Congressman Adair with this des- Any reference in a law, map, regulation, country. ignation. I support H.R. 2412 and urge document, paper, or other record of the After attending public schools in United States to the Federal building and my colleagues to join me in supporting United States courthouse referred to in sec- this bill. Noble County, he attended Hillsdale tion 1 shall be deemed to be a reference to Mr. Speaker, I yield back the balance College in Michigan, receiving an AB the ‘‘E. Ross Adair Federal Building and of my time. degree in history in 1928. He was an ac- United States Courthouse’’. Mr. LATOURETTE. Mr. Speaker, I tive member of the debate team, served The SPEAKER pro tempore. Pursu- yield such time as he may consume to as fraternity president, was selected to ant to the rule, the gentleman from the gentleman from Indiana (Mr. receive a Rhodes Scholarship. But, in- Ohio (Mr. LATOURETTE) and the gentle- SOUDER), the prime sponsor of the leg- stead of going abroad, he chose to at- woman from Nevada (Ms. BERKLEY) islation. tend George Washington University each will control 20 minutes. (Mr. SOUDER asked and was given School of Law here in Washington from The Chair recognizes the gentleman permission to revise and extend his re- which he received a law degree in 1933. from Ohio (Mr. LATOURETTE). marks.) When he was not studying, he actually Mr. LATOURETTE. Mr. Speaker, I Mr. SOUDER. Mr. Speaker, it is a served as a Capitol Hill police officer, a yield myself such time as I may con- great honor for me today to be here very honorable profession. In 1934 at sume. with this bill to name the Federal age 28, he returned to Indiana to teach Mr. Speaker, H.R. 2412 designates the building and U.S. courthouse in Fort history in Noble County before devot- Federal building and United States Wayne, Indiana, my hometown, after ing himself full-time to the practice of courthouse in Fort Wayne, Indiana as northeast Indiana’s longest serving law in Fort Wayne. the ‘‘E. Ross Adair Federal Building Congressman, E. Ross Adair. He served In addition to practicing law, he was and United States Courthouse.’’ 20 years in the district, getting elected a lecturer, giving commencement and Edwin Ross Adair was born in 1907, the year I was born in 1950, and served holiday addresses. His father was proud attended public schools and graduated until 1970, when he was appointed am- of his son, describing him as a country from Hillsdale College and the George bassador to Ethiopia. boy living a good and clean life in the Washington University Law School. It is also with great personal satis- city. Adair volunteered as a lieutenant in faction that I have the honor of doing Adair later serving as probate com- World War II and was awarded battle this, because as a young political activ- missioner in Albion County until he stars for the Normandy, Northern ist, when I was still at Leo High School volunteered on September 15, 1941, to France, Ardennes, Rhine and Central and moving to Indiana Purdue Univer- serve in the Army as a second lieuten- European campaigns. Congressman sity at Fort Wayne, my first campaign ant in the U.S. Officers Reserve. As my

VerDate 20-MAR-2000 01:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.027 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1427 colleagues have heard, he received mul- ied and many times redrafted by the pian revolution erupted, deposing tiple medals, five battle stars for Nor- committees of the House and Senate.’’ American ally, His Majesty, Haile mandy, Northern France, Ardennes, In 1959 he sent a postcard: ‘‘When you Selassie. Rhine, and the Central European cam- elect a man to Congress, actually you b 1500 paigns during World War II. send a family to represent you. This is After the war, he returned to Indiana my family at our home in Washington. Thereafter, he returned to Indiana, to first serve again as Allen County Please let us know if we can be of serv- where he continued his practice as a probate commissioner and the practice ice in any way, either at home or in senior partner in the law firm of Adair, of private law and began political net- Washington.’’ Perry, Beers, McAlister, and Mallers. He was also tapped in 1976 by former working, starting his political cam- Despite being from the Midwest, the Governor Otis R. Bowen to serve on the paign first as GOP city chairman in home of isolationism, he began build- Governor’s Privacy Commission, and Fort Wayne and later as a precinct ing a professional expertise in foreign he also served on an advisory com- committee man. In 1950 at the age of 43 affairs and began his assignment to the mittee for President Ford’s re-election he announced his candidacy for the Re- House Committee on Foreign Rela- campaign. publican 4th District Congressman. tions. Ros Adair received honorary Doctor At the same time, his wife, Marian, The Adair campaign became a family of Laws degrees from Indiana Univer- was honing her diplomatic skills so- affair, run by the Adair Family Enter- sity of Technology in 1964 and from In- cially. In 1959 Mrs. Adair organized and prise, Incorporated. The partnership in- diana University in 1982. He was a founded a program designed to give cluded Ross’s wife, Marian; the two member of the Southgate Masonic Adair children, Carol, age 11, and Ste- hospitality and special interest activi- Lodge, Forest Park Methodist Church, phen, age 7. The children were common ties to wives of foreign diplomats. Her Mizpah Temple, and Scottish Rite Ca- fixtures at political events, passing out earlier organization of six inter- thedral. In 1966, he received the 33rd campaign literature and urging folks national clubs between 1953 and 1957 Degree, the highest honor in Scottish to vote for their dad. grew to 170 members who were spouses Rite. He died in Fort Wayne in October Marian, who is 92 years old and who of Congressmen, diplomats and govern- of 1983. is watching us on television today, was ment and business officials. These I have also received a few letters a dynamo, not only in that campaign clubs were described in Congressional from some of his long-time friends I and all the campaigns afterwards, but Quarterly as places where ‘‘first names want to read. later in Washington; and she is still and small talk made for pretty good ‘‘Ross Adair spent most of his adult quite the organizer even at 92. His foreign relations.’’ life in service to his country and its granddaughter, Amy Adair Horton, is In 1962 he toured Asia, meeting with citizens. He was a lawyer, soldier, Rep- my legislative director, continuing the high-ranking officials in Taiwan, Paki- resentative, ambassador. It seems fit- Adair tradition here in Washington. stan, and Turkey to gauge their loy- ting that a Federal building be named His early campaign themes focused alty to the West and opposition to the to honor his service and his loyalty.’’ on honesty, decency, economy in gov- Communist menace in Asia. South That was from Susan Prickett, the ernment, and a definitive foreign pol- Vietnam, he thought, was in trouble wife of his longtime chief of staff. She icy to not unduly jeopardize American because Communist infiltration could edited the Albion paper after her hus- servicemen and that would promote not be stopped. band died, and she passed away just a just and lasting peace; and he won that He was also selected as a delegate to few months ago. I was hoping she election over incumbent Congressman the annual sessions of the Inter- would be able to see us name this Ed Kruse. parliamentary Union in 1959, 1963, 1964, building. I am glad we got to put her In 1951 he began serving 20 years, and and 1965. tribute in the RECORD. nobody else in our district has ever During his congressional service, he Orvas Beers, his longtime law part- served more than 10. Ross’ first office rose to ranking Republican member on ner, cousin, and close friend, wrote ‘‘I was in 433 Cannon, then called the ‘‘Old House Veterans by 1966 in the Com- am writing in support of this legisla- House Building.’’ Back then, Members mittee on Foreign Affairs and was also tion to designate the Federal building received $12,500 annually and had a in the Committee on Committees. after E. Ross Adair. I think this is a total of only three to six staff mem- Some of his legislative victories, in- great idea. bers. Even in 1968, when I was helping cluding ushering President Nixon’s ‘‘National recognition of our former his campaign, he had one part-time major proposals on pollution control, congressman and United States Ambas- staff person, Rosemary Hillis, in the introducing legislation to provide tax sador to Ethiopia is long overdue. He district office and added a full-time incentives for voluntary efforts to curb dedicated well over 20 years of his life staff person in 1969, Al Harvey, for field pollution, and assisting the city of to public service in both Congress and work. That shows my colleagues how Fort Wayne in obtaining funds for as ambassador. His accomplishments much it has changed. storm sewers. He also introduced and . . . were outstanding. His integrity He was elected president of the 82nd helped pass the Peace With Justice res- and statesmanship are unmatched. Club, which consisted of the 45 Repub- olution, a resolution condemning the Ross was among the finest Congress- licans who were elected in 1950. He also treatment of American prisoners of men ever to represent Northeast Indi- wrote to the student newspaper at Indi- war by the North Vietnamese Com- ana. As a former law partner of Ross, ana Purdue in Fort Wayne in 1953 munists and a bill to implement Presi- and former chairman of the Republican about his daily professional respon- dent Nixon’s plan to curb plane hijack- party of Allen County, I am proud to sibilities: ing. He also led efforts which he have known him and worked for his ‘‘The average Congressman works bragged about in every campaign to elections. diligently. We maintain unusual office slash millions of dollars of wasteful Ross Adair’s word was as good as his hours and many times are called upon foreign-aid spending. name. He meant what he said, and said to attend business or social affairs in He lost his final campaign in 1970, what he meant. A handshake and his the evening. It is not infrequent for us but Senator Hruska paid a final tribute word closed many solid agreements. He to take material home with us at night to him by saying, ‘‘Ross Adair made served our country during a time when to study in preparation for the next his mark as a Congressman’s Congress- political machines were a big part of day’s work. It is a very active and var- man, quiet, hard-working and effective. how this Nation functioned. Yet, Ross’s ied life. This is a matter of handling One of the great things about Adair honesty and integrity were never ques- the correspondence and dealing with was his ability to conciliate differences tioned. He was a fine man. Republicans problems of the people in our district and effect agreements between bitter and Democrats alike were well rep- as representatives, in addition to political enemies.’’ resented by Ross Adair.’’ studying legislation and attending After his departure from Congress, Ken Meyers writes that E. Ross Adair meetings of committees. The latter oc- President Nixon appointed Adair as will finally get the recognition he de- cupies an important place in the life of U.S. ambassador to Ethiopia, a post he served. He tells a story. He was a Re- a Congressman, as legislation is stud- held until 1974, just before the Ethio- publican County Chairman of Steuben

VerDate 20-MAR-2000 04:06 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.029 pfrm06 PsN: H28PT1 H1428 CONGRESSIONAL RECORD — HOUSE March 28, 2000 County, a county to the north of Fort to help those impoverished people who States to the Federal building and United States Wayne, in 1950. need health care and other things in courthouse referred to in section 1 shall be He said, at the time Ross was nomi- Ethiopia, ‘‘wholeheartedly support this deemed to be a reference to the ‘‘Aaron E. Henry nated he was not familiar ‘‘outside initiative to commemorate a man who Federal Building and United States Court- house’’. Allen and Noble Counties—but not for not only gave 20 years of his life to long. His sincere friendly campaigning serving his country as Congressman, The SPEAKER pro tempore. Pursu- won him the nomination and election but reached international boundaries ant to the rule, the gentleman from in November. as a great Ambassador to Ethiopia. His Ohio (Mr. LATOURETTE) and the gentle- ‘‘E. Ross Adair represented all the service there impacted all African woman from Nevada (Ms. BERKLEY) people in the district; Republican, countries through his interaction with each will control 20 minutes. The Chair recognizes the gentleman Democrat, or Independent received the the Organization of African Unity, from Ohio (Mr. LATOURETTE). same attention and consideration. On headquartered at Addis Ababa, Ethi- Mr. LATOURETTE. Mr. Speaker, I important legislative matters he was opia. We are grateful for his service. yield myself such time as I may con- in constant contact with his constitu- ‘‘In retrospect, I can think of no one sume. ents. He read and studied the legisla- who has contributed more to this area, Mr. Speaker, this bill, H.R. 1279, as tion before the House. or anyone who could possibly deserve amended, designates the Federal Build- ‘‘One personal incident proved to me this honor more than our mutual ing and United States Courthouse lo- that he did his ‘homework.’ A popular friend and mentor, E. Ross Adair.’’ cated in Clarksdale, Mississippi, as the piece of legislation was before the When Haile Selassie fell, roughly Aaron E. Henry Federal Building and House that would be beneficial to his one-third of the senate in Ethiopia United States Courthouse. district. Ross voted against it. As came to Fort Wayne, Indiana, because Dr. Henry was born in Clarksdale, county chairman, I questioned his Ross Adair meant to them America, Mississippi, in 1921, and attended local vote. His reply was, ‘Ken, a last-minute and where freedom was. I and many schools. He served in the United States amendment was attached to it that others heard the stories of peoples’ Army, after which he returned to made it unacceptable.’ When he ex- heads being chopped off and watching school and earned a degree in phar- plained what the amendment was and their kids die. Ross Adair represented macy from the Xavier University in what it would do, I was proud he was the values, as do so many of our am- 1950. our Congressman. bassadors, of America abroad, not only In 1953, Dr. Henry organized the local ‘‘The election in 1958 was an indica- here in this Chamber. branch of the NAACP, and served as tion of his popularity in Steuben Coun- It is a tremendous honor and distinc- the State NAACP president from 1960 ty. Statewide, the 1958 election was a tion for me today to be the United until 1993. He was instrumental in cre- disaster for Republicans in Indiana. States Congressman from the Fourth ating an integrated political system in Ross was roughly 1,100 votes behind District to sponsor this bill to have our Mississippi. He also participated in the until little Steuben County’s 1,400 plu- Federal building and courthouse named Freedom Rider Movement, which led to rality sent him back to Washington, after E. Ross Adair. the passage of the public accommoda- where he remained for 12 more years. Mr. LATOURETTE. Mr. Speaker, I tions sections of the Civil Rights Act of ‘‘E. Ross Adair’s morals and integrity yield back the balance of my time. 1964. were of the highest. I have often won- The SPEAKER pro tempore (Mr. In 1979, Dr. Henry was elected to the dered what our country would be like if PETRI). The question is on the motion Mississippi House of Representatives, all 535 Members of Congress and yes, offered by the gentleman from Ohio and held this office for 2 additional the President, too, had the same level (Mr. LATOURETTE) that the House sus- terms. of morals, integrity, and dedication as pend the rules and pass the bill, H.R. The naming of this Federal complex E. Ross Adair.’’ 2412. is a fitting tribute to a distinguished Walter Helmke, a longtime State The question was taken. African-American. I support the bill. I Senator, father of the immediate past Mr. LATOURETTE. Mr. Speaker, on urge the passage of this bill, and I urge mayor of Fort Wayne and son of the that I demand the yeas and nays. my colleagues to support the bill. former district chairman and congres- The yeas and nays were ordered. Mr. Speaker, I reserve the balance of sional candidate, wrote, ‘‘Congressman The SPEAKER pro tempore. Pursu- my time. Adair served the Fourth Congressional ant to clause 8 of rule XX and the Ms. BERKLEY. Mr. Speaker, I yield District with high distinction . . . hav- Chair’s prior announcement, further myself such time as I may consume. ing been elected 10 times to the office proceedings on this motion will be Mr. Speaker, H.R. 1279 is a bill to des- of Fourth District Representative. I postponed. ignate the Federal building in Clarks- knew him well during the entire 20- f dale, Mississippi, as the Aaron Henry year period that he served. He was al- AARON E. HENRY FEDERAL Federal Building and United States ways responsive to his constituents, BUILDING AND UNITED STATES Courthouse. and, I believe, represented the senti- POST OFFICE Dr. Aaron Henry was a civil rights ments and beliefs of his constituents to pioneer, a thoughtful mentor, scholar, an extraordinary degree. Mr. LATOURETTE. Mr. Speaker, I and great humanitarian. He led an ac- ‘‘During 8 of the 20 years that Ross move to suspend the rules and pass the tive, committed, exemplary life. served as Congressman, I served as bill (H.R. 1279) to designate the Federal After attending local public schools, Prosecuting Attorney of Allen County, building and the United States post of- he joined the Armey in 1942 and was a and had occasion to call on him for as- fice located at 223 Sharkey Street in veteran of World War II. After the war, sistance and information a number of Clarksdale, Mississippi, as the ‘‘Aaron he attended and graduated from Xavier times. He always provided me with as- E. Henry Federal Building and United University in New Orleans. In 1953, Dr. sistance and support without hesi- States Post Office,’’ as amended. Henry organized the Coahoma County tation. The Clerk read as follows: Branch of the NAACP, and served as ‘‘After his distinguished career in the H.R. 1279 the State NAACP president from 1960 United States Congress, he ably served Be it enacted by the Senate and House of Rep- to 1993. the United States government as the resentatives of the United States of America in During the 1960s, he participated in U.S. ambassador to Ethiopia until the Congress assembled, the Freedom Rider Movement and in emperor of Ethiopia was deposed.’’ SECTION 1. DESIGNATION. the Mississippi Freedom Summer’s The last letter I would like to read is The Federal building and United States court- nonviolent campaigns of public protest. from Marta Gabre-Tsadick. She is the house located at 236 Sharkey Street in Clarks- Dr. Henry served on numerous dale, Mississippi, shall be known and des- only female senator to have ever served ignated as the ‘‘Aaron E. Henry Federal Build- boards, such as the Executive Com- when Haile Selassie was head of Ethi- ing and United States Courthouse’’. mittee of the NAACP, the Federal opia. She writes, ‘‘We at Project SEC. 2. REFERENCES. Council on Aging, and the Southern Mercy,’’ a project that continues today Any reference in a law, map, regulation, doc- Christian Leadership Conference. Ac- based and working out of Fort Wayne ument, paper, or other record of the United knowledging his contributions as a

VerDate 20-MAR-2000 04:06 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.031 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1429 civil rights leader in 1979, the citizens Mr. Speaker, I first saw Aaron Henry mittee, I went into the delta in Mis- of Coahoma County elected him to the in action in the 1960s, in the battle sissippi to work in the civil rights Mississippi House of Representatives, within the Democratic Party, and at movement one summer. The civil where he was reelected in 1983 and 1987. the convention of the Mississippi Free- rights movement had circled the Dr. Henry was instrumental in secur- dom Democratic Party for Equality South, but had not penetrated the ing passage of legislation that created and for Integration. ‘‘Black Belt’’ deep in the Mississippi the Office of Economic Opportunity, In the early 1970s, I had the oppor- Delta. and was a strong advocate and spokes- tunity to work with him in Mississippi I met the President of the NAACP at man for the Job Corps and Head Start. as part of what we called the Mis- the time, Aaron Henry. To be President Dr. Henry was an active member of sissippi-Michigan Alliance. It was an of the NAACP in Mississippi was itself the Haven United Methodist Church, effort to spark registration within Mis- an act of conspicuous courage. It serving as its lay leader. He was com- sissippi, and to try to make sure that marked a man, both as a marked man mitted to his community and edu- all voices there were heard. and a brave man. cational and civic issues throughout During those joyful days that I spent The next year I graduated from law his life. with him at his home with his beloved school and became one of the lawyers It is most fitting and proper that we family and at his drugstore on Fourth that summer for the Mississippi Free- support the gentleman from Mississippi Street, I had the chance to come to dom Democratic Party, of which Aaron (Mr. THOMPSON) and honor the great know him firsthand. Henry was the chairman. I went to my contributions of Dr. Henry. I urge pas- Aaron Henry had a dream, a dream of files and discovered the brief I filed be- sage of this bill. an integrated America, a dream where fore the Credentials Committee on be- Mr. Speaker, I reserve the balance of everybody counted. He lived to achieve half of Aaron Henry and the Mississippi my time. that dream. He lived a life of good Freedom Democratic Party to be ad- Mr. LATOURETTE. Mr. Speaker, I works. He was instrumental in the mitted into my party, the Democratic yield myself such time as I may con- founding of the NAACP in Mississippi. Party, on behalf of these Mississippi sume. He also, as we know, as we have heard, citizens. Mr. Speaker, I want to congratulate What Aaron Henry and the Mis- ran for office in Mississippi and was our colleague, the gentleman from Mis- sissippi Freedom Democratic Party did elected to the House of Representa- sissippi (Mr. THOMPSON), for bringing is itself a milestone in the Nation’s his- tives, which was a proud day for Mis- this important legislation to the floor tory, because it assured that both par- sissippi. of the House. ties would now be open to delegates of Aaron Henry came a good long way Mr. Speaker, I reserve the balance of all races. my time. in his life, and America has come a Aaron Henry lived such a life to go Ms. BERKLEY. Mr. Speaker, I yield considerable way on that path of an in- from the very outside as the head of such time as he may consume to the tegrated America because of the likes the NAACP, all the while a working gentleman from Mississippi (Mr. of Aaron Henry. Today we take another pharmacist in his own drugstore in THOMPSON), the sponsor of this bill. step along that path. I am honored to Clarksdale, to becoming a member of Mr. THOMPSON of Mississippi. Mr. join the gentlewoman from Nevada the Mississippi House of Representa- Speaker, today is a very special day for (Ms. BERKLEY) and the gentleman from tives. From the NAACP and civil rights me. Today we will vote on the passage Mississippi (Mr. THOMPSON) and the leader, fighting words, in Mississippi, of H.R. 1279, a bill to rename the Fed- gentleman from Ohio (Mr. to representative of the people of eral Building and Post Office in Clarks- LATOURETTE). Clarksdale, Mississippi. dale, Mississippi, after one of Mis- Mr. Speaker, I close by just briefly When I went back to Mississippi a sissippi’s most notable pioneers in the referring back to what I had the chance number of years later as Chairman of civil rights movement, Dr. Aaron E to enter into the RECORD after the the Equal Employment Opportunity Henry. passing of Aaron Henry. Commission, Aaron Henry had become I might add that I have known Dr. b 1515 a true insider. Aaron Henry arranged Henry all of my adult life. Until his un- for a reception for me sponsored by the I said at that point, ‘‘Hopefully, his timely death, Dr. Henry served as a Governor in the Governor’s mansion. native State will mourn him across its role model for all of us in the State of Mr. Speaker, when I first met Aaron cities and its farms. He was born in its Mississippi and the country as a whole Henry, the closest he and I could get to rural land, toiled in one of its impor- for those who believed in fair play and the Governor’s mansion was to picket tant towns, and journeyed it through- justice. it. Dr. Henry’s role in the civil rights out from border to border. His legacy is Aaron Henry had gone from chal- movement is well documented. His role his hopefulness. The task now of his be- lenger to change-maker and had him- in the political arena in the State of loved State, of his beloved Nation, and self created much of the change in the Mississippi is well documented. His leg- of all of us who loved him is to keep his State of Mississippi. acy lives on. faith and continue his battle.’’ He lived to see a peaceful revolution Many of us could not, as early public Today, with the naming of the build- occur in his State, including his own officials, go on TV locally. Dr. Henry, ing in Clarksdale in his honor, it is an- election to the State legislature. All of through his efforts, challenged the li- other small step in the battle that in- this was simply unthinkable in the cense of local stations in order for Afri- volved and really enmeshed the life of Mississippi in which Aaron Henry was can-Americans to buy time on TV. His Aaron Henry. born in 1922. So was naming a building legacy is one that we all are proud of. Ms. BERKLEY. Mr. Speaker, I yield for Aaron Henry. Mr. Speaker, as the sponsor of this such time as she may consume to the But naming a Federal building by legislation and also the Representative gentlewoman from the District of Co- this body is normally an estimate of of Clarksdale, Mississippi, I am happy lumbia (Ms. NORTON). the man. However, the Aaron E. Henry to see this legislation move forward. I Ms. NORTON. Mr. Speaker, I thank Federal Building and Post Office is am happy to see the bipartisan support the gentlewoman from Nevada (Ms. likely to be regarded as far more than that it has received. I look forward to BERKLEY) for yielding me this time, that. The naming of a building for Dr. the passage of this bill. and I thank and congratulate the gen- Henry evokes a milestone in the his- Ms. BERKLEY. Mr. Speaker, I yield tleman from Mississippi (Mr. THOMP- tory of Mississippi and of our country. such time as he may consume to the SON) for sponsoring this bill. The triumph of racial struggle and har- gentleman from Michigan (Mr. LEVIN). Mr. Speaker, there are many ways to mony over racial segregation and divi- Mr. LEVIN. Mr. Speaker, I thank the mark a Nation’s milestones. Naming a sion. There is no better way, no better gentlewoman for yielding time to me. public building for Dr. Aaron Henry is person to symbolize this progress than Mr. Speaker, I am honored to be able one such way for me. Aaron Henry. to join the gentleman from Mississippi I first met Aaron Henry in 1963 when, Ms. BERKLEY. Mr. Speaker, I have (Mr. THOMPSON) and all of the others as a law student and member of the no additional requests for time, and I who are supporting this legislation. Student Nonviolent Coordinating Com- yield back the balance of my time.

VerDate 20-MAR-2000 03:12 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.034 pfrm06 PsN: H28PT1 H1430 CONGRESSIONAL RECORD — HOUSE March 28, 2000 Mr. LATOURETTE. Mr. Speaker, I mental importance to the advancement of tleman from Ohio (Mr. BROWN) each yield back the balance of my time. United States interests in East Asia and is will control 20 minutes. The SPEAKER pro tempore (Mr. supported by the United States Congress and The Chair recognizes the gentleman the American people; PETRI). The question is on the motion from New York (Mr. GILMAN). Whereas a stable and peaceful security en- offered by the gentleman from Ohio vironment in East Asia is essential to the Mr. GILMAN. Mr. Speaker, I yield (Mr. LATOURETTE) that the House sus- furtherance of democratic developments in such time as he may consume to the pend the rules and pass the bill, H.R. Taiwan and other countries, as well as to the gentleman from Texas (Mr. ARMEY), 1279, as amended. protection of human rights throughout the the distinguished majority leader who The question was taken; and (two- region; has taken a great deal of time in focus- thirds having voted in favor thereof) Whereas since 1972 United States policy to- ing attention on the Taiwan problem. the rules were suspended and the bill, ward the People’s Republic of China has been Mr. ARMEY. Mr. Speaker, I thank as amended, was passed. predicated upon, as stated in section 2(b)(3) the gentleman from New York (Mr. The title of the bill was amended so of the Taiwan Relations Act, ‘‘the expecta- tion that the future of Taiwan will be deter- GILMAN) for yielding me this time. as to read: ‘‘A bill to designate the mined by peaceful means’’; Mr. Speaker, the House today is com- Federal building and United States Whereas section 2(b)(6) of the Taiwan Rela- memorating a very, very special event: courthouse located at 236 Sharkey tions Act further pledges ‘‘to maintain the The first democratic election leading Street in Clarksdale, Mississippi, as capacity of the United States to resist any to a transfer of power in the 5,000-year the ‘Aaron E. Henry Federal Building resort to force or other forms of coercion history of the Chinese people. and United States Courthouse’.’’. that would jeopardize the security, or the so- This is, indeed, a momentous event A motion to reconsider was laid on cial or economic system, of the people of not only for the Chinese, not only for the table. Taiwan’’; Taiwan, but for the cause of democracy Whereas on June 9, 1998, the House of Rep- f resentatives voted unanimously to adopt itself. It was not that long ago, Mr. Speaker, that many people believed GENERAL LEAVE House Concurrent Resolution 270 that called upon the President of the United States to that democracy may be a dying creed. Mr. LATOURETTE. Mr. Speaker, I seek ‘‘a public renunciation by the People’s I remember as recently as 1984, one ask unanimous consent that all Mem- Republic of China of any use of force, or French philosopher respected by some bers may have 5 legislative days within threat to use force, against democratic Tai- friends of mine wrote that the era of which to revise and extend their re- wan’’; democracy may be, and I quote, ‘‘a marks and include extraneous mate- Whereas the People’s Republic of China has brief parenthesis that is even now clos- rials on H.R. 2412 and H.R. 1279, as consistently refused to renounce the use of force against Taiwan; ing before our eyes.’’ amended, the measures just considered. There was a popular view, shared by The SPEAKER pro tempore. Is there Whereas the State Council, an official organ at the highest level of the Government conservative pessimists as well as left- objection to the request of the gen- of the People’s Republic of China, issued a wing revolutionaries, that some form tleman from Ohio? ‘‘white paper’’ on February 21, 2000, which of dictatorship was the only alter- There was no objection. threatened ‘‘to adopt all drastic measures native to even worse forms of govern- f possible, including the use of force,’’ if Tai- ment. wan indefinitely delays entering into nego- CONGRATULATING THE PEOPLE At best, these people believed that tiations with the People’s Republic of China democracy was only appropriate for OF TAIWAN FOR SUCCESSFUL on the issue of reunification; and CONCLUSION OF PRESIDENTIAL Whereas the February 21, 2000, statement some cultures, but not for most. ELECTIONS AND REAFFIRMING by the State Council significantly escalates Though they rarely said so, what they UNITED STATES POLICY TO- tensions across the Taiwan Straits and sets really meant was that it was only suit- WARD TAIWAN AND PEOPLE’S forth a new condition that has not here- ed for some kinds of people and not for REPUBLIC OF CHINA tofore been stated regarding the conditions others. Certainly, not for Asians who, that would prompt the People’s Republic of it was said, had unique ‘‘Asian values.’’ Mr. GILMAN. Mr. Speaker, I move to China to use force against Taiwan: Now, That made democracy unsuited for suspend the rules and agree to the con- therefore, be it them and they unsuited for democracy. current resolution (H. Con. Res 292) Resolved by the House of Representatives (the Senate concurring), That— Well, Mr. Speaker, how wrong they congratulating the people of Taiwan were. The Taiwan elections vindicate for the successful conclusion of presi- (1) the people of Taiwan are to be con- gratulated for the successful conclusion of once again the great wisdom of the dential elections on March 18, 2000, and presidential elections on March 18, 2000, and American founding fathers when they reaffirming United States policy to- for their continuing efforts in developing and wrote these wonderful words that ‘‘All ward Taiwan and the People’s Republic sustaining a free, democratic society which men are created equal’’ and all men of China, as amended. respects human rights and embraces free ‘‘are endowed by their Creator with The Clerk read as follows: markets; certain inalienable rights.’’ H. CON. RES. 292 (2) President Lee Teng-hui of Taiwan is to be congratulated for his significant contribu- Mr. Speaker, freedom and democracy Whereas section 2(c) of the Taiwan Rela- tions to freedom and democracy on Taiwan; are not more precious for our culture tions Act (Public Law 96–8) states ‘‘[t]he (3) President-elect Chen Shui-bian and than they are for the people of other preservation and enhancement of the human Vice President-elect Annette Hsiu-lien Lu of rights of all the people on Taiwan’’ to be an cultures. There are no alien values that Taiwan are to be congratulated for their vic- objective of the United States; lead some people to prefer dictatorship tory, and they have the strong support and Whereas Taiwan has become a multiparty over self-government. Freedom and de- best wishes of the House of Representatives democracy in which all citizens have the mocracy are, in fact, the shared aspira- and the American people for a successful ad- right to participate freely in the political ministration; tions of all human beings everywhere, process; (4) it is the sense of the House of Rep- from Athens to England to America in- Whereas the people of Taiwan have, by resentatives that the People’s Republic of deed to all of Asia. their vigorous participation in electoral China should abandon its provocative Taiwan can now serve as a shining campaigns and public debate, strengthened threats against Taiwan and undertake steps example to the unfree people in its part the foundations of a free and democratic way that would lead to a substantive dialogue, of life; of the world. It shows that democracy including a renunciation of the use of force Whereas Taiwan successfully conducted a works in a Chinese culture. It shows against Taiwan and progress toward democ- presidential election on March 18, 2000; that democracy can resist threats and racy, the rule of law, and protection of Whereas President Lee Teng-hui of Taiwan bullying from abroad. It shows that de- human and religious rights in the People’s has actively supported the consolidation of Republic of China; and mocracy is the only way that a Nation democratic institutions and processes in Tai- (5) the provisions of the Taiwan Relations can be both rich and free. wan since 1988 when he became head of state; Act (Public Law 96–8) are hereby affirmed as Mr. Speaker, let me add that even as Whereas this election represents the first the legal standard by which United States we rejoice in Taiwan’s democratic suc- such transition of national office from one policy toward Taiwan shall be determined. elected leader to another in the history of cess, we also wish to aid all the Chinese Chinese societies; The SPEAKER pro tempore. Pursu- people as they seek greater freedom, Whereas the continued democratic devel- ant to the rule, the gentleman from and that includes those in the People’s opment of Taiwan is a matter of funda- New York (Mr. GILMAN) and the gen- Republic of China. It is for this reason

VerDate 20-MAR-2000 03:12 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.037 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1431 we are doing everything possible to Chen. He is a man of great ability and challenges that President-elect Chen pass Permanent Normal Trade Rela- representative in many ways of modern will be facing as he takes over the reins tions for China. We know that free and Taiwan. I am confident his administra- in Taiwan. However, it is key to recog- open trade will help make China an tion will provide the necessary leader- nize that one of his very first public open and free society. We will pass ship in these difficult and sensitive statements came in an interview that PNTR, and we will do it this year. times for his country. he did with my hometown newspaper, Mr. Speaker, the House today is I look forward to working with him, the Los Angeles Times, I do not call it pleased to offer our heartfelt congratu- as I am sure all of us in this body do, the Chicago Tribune yet; but it is the lations to the people of Taiwan and to in improving relations between the Los Angeles Times, where he did a their new president and vice president- United States and the Republic of Tai- very, very important interview stating elect. All the world should know that wan. that he strongly supports mainland the people of Taiwan and their demo- Mr. Speaker, I reserve the balance of China’s accession to the World Trade cratic government enjoy the friend- my time. Organization, which, obviously, as we ship, admiration, and support of the Mr. GILMAN. Mr. Speaker, I yield all know, is the global, rules-based government of the United States. such time as he may consume to the trading system, which would allow for Mr. GILMAN. Mr. Speaker, I yield gentleman from San Dimas, California the elimination of tariff barriers so myself such time as I may consume to (Mr. DREIER), the distinguished chair- that the rest of the world can gain ac- thank the gentleman from Texas (Mr. man of the Committee on Rules. cess to the 1.3 billion consumers in ARMEY) the distinguished majority Mr. DREIER. Mr. Speaker, I con- China. leader, for his supportive remarks with gratulate the gentleman from New We know that following China’s ac- regard to this resolution. York (Mr. GILMAN) on this resolution, cession to the World Trade Organiza- Mr. BROWN of Ohio. Mr. Speaker, I House Concurrent Resolution 292, and tion, we will see Taiwan immediately yield myself such time as I may con- thank him for his leadership on this join the WTO. And the People’s Repub- sume. important issue and his vigorous pur- lic of China has supported that. Mr. Speaker, the election of the suit of freedom over the many years he It is important to note that imme- Democratic Progressive Party’s Chen has been serving in the Congress. I also diately following his election, Presi- Shui-bian and Annette Lu is truly an thank the gentleman from Ohio (Mr. dent-elect Chen said that he strongly historic event with profound and mov- BROWN) for his support of the resolu- supported the idea of China acceding to ing implications for Taiwan’s people. tion. the WTO. He recognizes that the eco- The race was more than a race between Mr. Speaker, it is all designed to con- nomic fates of both Taiwan and main- and among candidates. It was a race gratulate the people of Taiwan for the land China are inextricably tied. In between the people of Taiwan and the very successful election that they real- fact, not many people are aware of the Beijing leadership. ized a week ago last Saturday. What is fact there are nearly 46,000 businesses Despite Beijing’s protests, despite important to note, Mr. Speaker, is that on mainland China that are owned by even its threats, this election signified this ground-breaking election marks Taiwanese. In fact, the single largest supplier of the long-standing commitment of Tai- the first transition from one political foreign direct investment to mainland wan to democratic ideals. I would like party to another in the 5,000-year his- China happens to be the island of 22 to extend my congratulations to the tory of the Chinese civilization. Let me people of Taiwan in their success in million people of Taiwan. The commer- say that again. This election that we cial relations with its cross-strait conducting a free and a fair election. have just observed marks the first On March 15, only three days before neighbor are vital to the continued transition from one political party to prosperity of mainland China and of the election, the premier of the Peo- another in the 5,000-year history of ple’s Republic of China, Zhu Rongji, Taiwan. Chinese civilization. That is an ex- Finally, Mr. Speaker, I am certain held a news conference which intensi- traordinary accomplishment. that this House is united behind the fied China’s threats of violence if Tai- In fact, it is important to note that principle that the future of Taiwan be wan were to elect a pro-independence this largely peaceful transition that we determined in a manner that is both candidate and move away from the have observed over the last decade and peaceful and mutually agreeable to the People’s Republic of China ‘‘one China’’ a half from an authoritarian regime, to people on both sides of the Taiwan policy. This act was only the latest what we have now witnessed as full de- Strait. demonstration of China’s attempts to mocracy and a transition from one po- We as a Nation stand firmly behind corrupt the Taiwanese democratic litical party to another, is one of the the 1979 Taiwan Relations Act. Mili- process. But as a sign of desire for po- greatest victories of the 20th century tary action, threatened or actual, is litical change and faith in democracy, when it comes to our vigorous pursuit clearly the wrong way to proceed. And the voters of Taiwan overcame any of political pluralism worldwide. One I believe that this election sends a fears of foreign threats and elected a which I think it is important to note strong signal that we can and, in fact, candidate they felt would best lead goes hand in hand with the very impor- see improved relations there. Taiwan into the 21st century. tant economic reforms and ties that I congratulate President Chen for the I applaud President-elect Chen’s im- the United States of America has had strong steps that he has taken to bring mediate overtures to improve the situ- with Taiwan. the temperature down and to work to- ation with China. Already he has in- b 1530 wards what we hope will be peaceful as- vited President Jiang Zemin to visit sociation there. Taiwan, and he has suggested abol- It does go hand-in-hand. And I think I thank my friend for yielding me the ishing Taiwan’s ban on direct trade that we all know that the very vig- time. Again, I appreciate his strong with China. orous public debate that was spawned leadership on this very important Beijing must now also exercise re- by competitive elections has played a issue. straint and start accepting the reality role in strengthening the foundations Mr. GILMAN. Mr. Speaker, I want to that there are two sovereign countries for a free and democratic way of life. thank the gentleman from California facing the Taiwan Strait. And we are witnessing that right now (Chairman DREIER) for his strong sup- Mr. Speaker, the U.S. should support on Taiwan. portive remarks with regard to the the strides Taiwan’s new leadership is The recent election of President- People’s Republic of China. making toward establishing a peaceful elect Chen sends, I believe, a very Mr. GILMAN. Mr. Speaker, I am Taiwan and toward making it abso- strong and positive message that de- pleased to yield as much time as he lutely clear that the issues between mocracy works in China. It works in may consume to the gentleman from China and Taiwan must be resolved Asia. It works in a Chinese society. We Nebraska (Mr. BEREUTER), the distin- peacefully and must be resolved with all hope very much that it will be able guished chairman of our subcommittee the assent of the people of Taiwan. to expand on to the mainland. on Asia and the Pacific. I had the pleasure last April in my Mr. Speaker, without a doubt, there Mr. BEREUTER. Mr. Speaker, I office of meeting now President-elect are many very, very tough domestic thank the chairman for yielding me

VerDate 20-MAR-2000 03:12 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.038 pfrm06 PsN: H28PT1 H1432 CONGRESSIONAL RECORD — HOUSE March 28, 2000 the time. I rise in strong support of message to both Beijing and Taipei. As substantive dialogue with Taipei, and House Concurrent Resolution 292, the a cosponsor of H. Con. Res. 292, this to end its history of military threats resolution introduced by the distin- Member urges his colleagues to support toward that island. guished majority leader, Mr. ARMEY, the resolution. As has long been American policy, it which congratulates the people of Tai- Mr. GILMAN. Mr. Speaker, I thank is essential that the future of Taiwan wan and Taiwan’s leaders for the suc- the gentleman from Nebreska (Mr. BE- be determined in a peaceful and non- cessful conclusion of their presidential REUTER) for his supportive remarks. coercive and mutually agreeable man- election on March 18. Mr. Speaker, how much time do we ner to the people on both sides of the Indeed, this election represents, as have remaining? strait. the majority leader and the Committee The SPEAKER pro tempore (Mr. We hope the world will take adequate on Rules chairman just indicated, the PETRI). The gentleman from New York notice of what has transpired in Tai- first such democratic transition to has 8 minutes remaining. wan; that being that another Asian na- high national office, one elected leader Mr. BROWN of Ohio. Mr. Speaker, I tion has fully embraced democratic to another, in the very long history of have no further speakers, but I reserve principles and practices. This further Chinese society. That fact bears re- the balance of my time. proves that democracy is not an East- peating. GENERAL LEAVE ern or a Western value as some might The people of Taiwan are to be con- Mr. GILMAN. Mr. Speaker, I ask contend, but it is a universal value of gratulated for their continuing efforts unanimous consent that all Members the right of people everywhere. in developing and sustaining a free may have 5 legislative days within I especially hope that the 1.2 billion democratic society which respects which to revise and extend their re- people of the PRC and their unelected human rights and embraces free mar- marks on H. Con. Res. 292. government take particular notice of kets. The SPEAKER pro tempore. Is there the prosperous, free, and open model Contrary to the claims of those try- objection to the request of the gen- Taiwan provides for China’s future. ing to defend Communism and other tleman from New York? With the new government comes new authoritarian forms of government, There was no objection. opportunities. Accordingly, I call upon this election demonstrates that democ- Mr. GILMAN. Mr. Speaker, I yield our administration to work produc- racy clearly could work in the People’s myself such time as I may consume. tively with the new government and Republic of China, and it explains the (Mr. GILMAN asked and was given treat President-elect Chen as an equal reason why the Chinese people increas- permission to revise and extend his re- partner in addressing the cross-strait ingly yearn for democracy and could marks.) issues. flourish under it. Mr. GILMAN. Mr. Speaker, I am I also urge our administration to ad- The success of democracy in Taiwan pleased to rise in support of House Con- here to the ‘‘Reagan Six Assurances.’’ is, indeed, a powerful model for the current Resolution 292, introduced in As my colleagues may recall, in July of mainland. This resolution, which was the House by the distinguished gen- 1982, the Reagan administration wisely expeditiously considered last week tleman from Texas (Mr. ARMEY), the promised Taipei that it would not: one, without opposition in the Sub- majority leader, who has taken an ac- set a date for the ending of arms sales committee on Asia and the Pacific, tive role in our international affairs. to Taiwan; two, consult with China on which this Member chairs, and subse- I want to take this opportunity to arms sales; three, play a mediation role quently in the full Committee on Inter- congratulate the people of Taiwan on a between PRC and Taiwan; four, revise national Relations, also acknowledges successful election and for taking an- the Taiwan Relations Act; five, change that a stable and peaceful security en- other step in consolidating their demo- its position regarding sovereignty over vironment in East Asia is essential to cratic evolution. They should be very Taiwan; and, six, exert pressure on Tai- the furtherance of democratic develop- proud of their achievement, registering pei to enter into negotiations with Bei- ments in the Taiwan area and in other a voter turnout of over 80 percent. jing. countries. It reaffirms U.S. policy re- They have clearly articulated their de- Regrettably, those ‘‘Six Assurances’’ garding Taiwan as set forth in the Tai- termination to build a society of free- have been set aside in part, or com- wan Relations Act. dom and of democracy. pletely ignored, by the present admin- In this regard, the resolution appro- On May 20 of this year, for the first istration. These common sense guaran- priately, this Member believes, ex- time in Taiwan’s history of over 400 tees are a solid basis for American Tai- presses the sense of Congress that the years, the mantle of executive power wan policy and should be reinstitu- People’s Republic of China should re- will pass from one democratically tionalized as guideposts of the conduct frain from making provocative threats elected president to another. This of bilateral relations with Taipei and against Taiwan and should instead un- should serve as a source of pride for the with Beijing. dertake steps that would lead to sub- Chinese people everywhere. I recommend strongly that our ad- stantive dialogue, including a renunci- This peaceful transfer of power will ministration take no action to delay or ation of the use of force against Tai- take place despite the misguided at- undermine this year’s arms sales talks wan, the encouragement of democracy, tempts by the government of Beijing to with Taiwan. The talks should be con- the rule of law, and the protection of intimidate Taiwan’s voters and can- cluded as scheduled on April 24, and human and religious rights in the Peo- didates and influence the outcome of Taiwan’s legitimate defense needs ple’s Republic of China. their democratic election. should be met in light of China’s con- Mr. Speaker, this Member is encour- The new government of Chen Shui- tinuing military build-up. aged that since the election in Taiwan, Bian faces many challenges as it as- Despite protestations by some to the Beijing has curtailed, to a certain de- cends to office. We look forward to contrary, China is, in fact, precipi- gree, its aggressive and unhelpful rhet- learning more of his vision for his ad- tating an arms race in Asia and is oric and appears again, to a certain de- ministration. working towards achieving military su- gree, to be extending the offer for a re- I want to commend the President- periority over Taiwan and the ability newed dialogue. elect for his proposal of embarking on to influence that island’s future It is hoped that this is an offer which a journey of reconciliation with Bei- through coercion, an action in direct is offered in, in fact, good faith. Across jing and his offer to meet with the Chi- contravention to long-standing Amer- the Taiwan Strait, President-elect nese leaders. Talks between Taipei and ican policy and U.S.-Sino commu- Chen and others in Taipei are also call- Beijing should only go forward at a niques. ing for renewed dialogue and are al- pace and scope that is acceptable to We can be assured that Beijing will ready proposing the kind of responsible both parties. move at some point in the future to statesman-like policies that could ex- I want to encourage the PRC to exer- test the mettle of the new Taipei gov- pand and accelerate this dialogue. cise restraint, to avoid fanning the ernment. China is biding its time for Mr. Speaker, this is a timely, nec- flames of nationalism over Taiwan in the moment while a Permanent Nor- essary, and straightforwardly positive an effort to divert attention from their mal Trade Relations hangs in the bal- resolution that sends an important own internal problems, and to open ance in the Congress.

VerDate 20-MAR-2000 03:12 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.060 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1433 But once that issue is addressed and wan elections should serve as an example Mr. LARSON. Mr. Speaker, I rise today in a new Taiwanese administration is in- that the only real hope of eventual reunifica- strong support of H. Con. Res. 292 to con- augurated, China may opt to act mili- tion rests in the possibility of true freedom and gratulate the people of Taiwan on the suc- tarily in some fashion against Taiwan. democracy in China. cessful presidential elections on March 18th Such a misguided policy of restricting Mr. PAUL. Mr. Speaker, today with H. Con. and for their continuing efforts in developing arms sales by the Clinton administra- Res. 292 Congress bestows well-deserved and sustaining a democratic society which em- tion to Taiwan now will only serve to congratulations upon the people of Taiwan for braces free markets and respects human increase the likelihood of Chinese ad- the successful conclusion of presidential elec- rights. I am a proud co-sponsor of this bill and venturism, miscalculation, and mili- tions on March 18, 2000, and for their con- encourage my colleagues to vote in favor of it. tary confrontation over Taiwan’s fu- tinuing efforts to develop and sustain a free I believe that the freedom of Taiwan's 22 ture. republic that respects individual rights and em- million Chinese people to participate in the Any equivocating on this year’s arms braces free markets. President Lee Teng-hui competitive election of their president is surely sales process will send the wrong signal of Taiwan should also be praised for his sig- a reason for Congress to pass this resolution at the wrong time to both China and to nificant contributions to freedom in Taiwan. in celebration of democracy. The bill congratu- Taiwan. Instead of eclipsing a crisis Unfortunately, because the bill pronounces lates Taiwan's current President Lee Teng-hui, through strength and deterrence, the the Taiwan Relations Act (P.L. 96±8) as the Taiwan's ``Father of Democracy,'' who pre- administration may be in fact foment- legal standard by which U.S. policy toward sided over Taiwan's twin miracles of economic ing a crisis in the Taiwan Strait Taiwan is governed, I cannot support the development and political reform. It also con- through weakness and through indeci- measure. This Taiwan Relations Act, effec- gratulates Taiwan's President-elect, Chen sion. tuated a United States policy which recog- Shui-bian, and Vice President-elect, Annette Finally, Mr. Speaker, I am proud to nized an attack against Taiwan as inimical to Hsiu-lien Lu, on their election, which ended a be a cosponsor of this legislation. I an attack on the United States. half-century of one-party rule there. want to thank the majority leader for Just as it is wrong to force our preferences I have followed these historic events in Tai- his good work in bringing it to the on other countries and cultures, it is wrong to wan closely and with interest. I have also floor. dictate politics. The United States has abso- been assisted in understanding these issues Accordingly, I urge my colleagues to lutely no moral or constitutional right to do so. by the Taipei Economic and Cultural Rep- strongly support this measure. In fact, action of that sort could rightfully be resentative Office here in Washington. This I congratulate the people of Taiwan considered an act of aggression on our part, Office, and the very capable Benson Wang in once again on a free and fair election. and our founding fathers made it very, very particular, have provided me and my staff with Ms. PELOSI. Mr. Speaker, today I rise in clear that war should be contemplated only straight-forward information on Taiwan and strong support of H. Con. Res. 292ÐCon- when national security is immediately threat- events there, which I appreciate greatly. I am gratulating the people of Taiwan on their suc- ened. to play the part of policemen of the hopeful that the companion measure we will cessful presidential elections on March 18. world degrades all who seek to follow the vote on today, to authorize $75 million to up- This election serves as a testament to their Constitution. The Constitution does not allow grade the American Institute in Taiwan's facili- continuing efforts in sustaining a free society our government to participate in actions ties in Taipei, will allow the U.S. to have the that respects democracy and human rights. against a foreign country when there is no im- same high quality of representation in that The people of Taiwan deserve our praise mediate threat to the United States. country. and support for conducting this election. They Sadly, the U.S. has in recent years played This peaceful transfer of power brings Tai- showed that true democracy can be success- the role of world interventionist and global po- wan to the forefront of democratic nations in ful even in the face of military threats by the liceman. Thomas Jefferson stated in his first Asia, and provides a shining example of free- Chinese government. This election is a re- inaugural address: ``Peace, commerce and dom for mainland China and other nations in minder that the threat of a military attack will honest friendship with all nationsÐentangling the region to follow. This free election took not be successful in a political system where alliances with none, I deem [one of] the es- place despite Beijing's clumsy and counter- the people can exercise the right to determine sential principles of our government, and con- productive attempts to intimidate President- their own future. The people of Taiwan have sequently [one of] those which ought to shape elect Chen and his supporters. Perhaps the taken great risks in sticking to their principles. its administration.'' Instead, the U.S. govern- government in Beijing is more concerned that The second free election in Taiwan rep- ment has become the government force that this election will result in further democracy resents a coming of age for this maturing de- unconstitutionally subsidizes one country and movements in China than they are about the mocracy. This is the first time in 50 years that then pledges taxpayer dollars and lives to fight possibility of Taiwan's independence. This is the Nationalist Party (KMT) will have to give on behalf of that subsidized country' enemies. why I especially support this measure's provi- up its political power. The peaceful transfer of It's the same sort of wisdom that would sub- sions to encourage China to make progress power is a key turning point for every success- sidize tobacco farmers and pay the health toward democracy, the rule of law, and the ful democracy. care costs of those who then choose to protection of human and religious rights. In particular, I would like to congratulate the smoke. Mr. Speaker, let me conclude by saying that new President of Taiwan, Mr. Chen Shui-bian. Each year the people of the United States I believe that it is important for the United Mr. Chen was born in rural Taiwan about the write a check to subsidize China, one of the States to salute and support Taiwan's democ- time of the Chinese Communist Revolution. most brutal, anti-American regimes in the racy, and I therefore urge my colleagues to Since then, Mr. Chen has been an outspoken world. It has been in vogue of late for every- join me in voting for this resolution. Thank advocate for human rights and has served as one in Washington, it seems, to eagerly de- you. a successful mayor of Taipei in recent years. nounce the egregious abuses of the Chinese Mr. CROWLEY. Mr. Speaker, I rise today in Over the course of his campaign, Mr. Chen people at the hands of the communist dic- support of H. Con. Res. 292 and to congratu- has shown prudence in handling the China tators. Yet no one in our federal government late the people of Taiwan on their successful issue. In his victory speech, he promised to has been willing to take China on in any presidential elections on March 18, 2000. continue economic relations with mainland meaningful way. Very few people realize that The election results impressively dem- China and seek a ``permanent peace.'' It is my China is one of the biggest beneficiaries of onstrate the strength and vitality of Taiwan's hope that China and Taiwan will continue to American subsidization. Thanks to the lar- democracy. I strongly support the right of the negotiate their differences in a peaceful man- gesse of this Congress, China enjoys the flow people of Taiwan to decide their own political ner. I would also like to commend Vice-Presi- of U.S. taxpayers cash into Beijing's coffers. future. dent elect Annette Liu who has advocated for Yet, today we are asked to pledge support for The victory for president-elect Chen Shui- democratic reform in Taiwan on her visits to Taiwan when we could best demonstrate sup- bian, the candidate of the Democratic Progres- Washington, D.C. port for Taiwan by terminating subsidies to sive Party, and vice-president-elect, Annette This election proves that the Chinese peo- that country's enemies. Lu, a pioneering feminist and former political ple, like people all over the world, will choose Again, my congratulations to the Taiwanese prisoner, symbolize the beginning of a new freedom and democracy when given the op- on their continuing efforts to develop and sus- era in Taiwanese politics after 51 years of rule portunity. By contrast, the Chinese govern- tain a free republic that respects individual by the Nationalist Party. ment continues to escalate the repression and rights and embraces free markets and to The development of Taiwan from authori- human rights of its own peopleÐdespite the President Lee Teng-hui for his contributions to tarian rule to a vibrant democracy during only thriving democracy across the strait. The Tai- that end. two decades has been truly inspiring. The

VerDate 20-MAR-2000 03:12 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 9920 E:\CR\FM\K28MR7.042 pfrm06 PsN: H28PT1 H1434 CONGRESSIONAL RECORD — HOUSE March 28, 2000 pace of political reform accelerated in the mid- and instead exercise their guaranteed rights. recent elections. A successful election is one dle and late 1980s. Martial law was ended in Also the record number of the eligible voters which is fair to all and whose results are re- July 1987 and in 1992, for the first time in Tai- who went to the polls, 82.7 percent, is very spected by everyone. In fact, in a democracy, wanese history, a new parliament was elected. encouraging. the most important election is the second elec- In its second direct presidential election al- Taiwan has proven itself to be one of the tion, not the first. The second election is the most 83 percent of Taiwanese voters cast true democracies in a region surrounded by truest test of commitment to democracy. If a their ballotsÐan impressive turn-out that un- dictators, military regimes, and human rights nation can watch the peaceful transfer of derlines the great support among the popu- abusers. The United States must do every- power from one party to another, their journey lation for the democratic process. thing within its power to stand behind these as a democracy is indeed on solid ground. I commend the people of Taiwan for this defenders of democracy and human rights President-elect Chen Shui-bian of the peaceful transition and their commitment to around the world. Democratic Progressive Party won the presi- democratic values and ideas. The consistent President Lee Teng-hui is to be commended dential election, replacing President Lee Teng- growth of the Taiwanese economy is closely for leading his country during a tenuous time. hui. The Far East is a favorite destination of related to the success of Taiwanese democ- When he took office in 1988 martial law in Tai- mine when I lead trade delegations, and I racy. wan had just ended. He successfully built a have met and worked with President Lee. He I firmly believe that a democratic Taiwan is strong foundation on which democracy and has made immeasurable contributions to the the best guarantee for prosperity, peace and freedom has flourished. On May 20th of this solid foundation of democracy in Taiwan, and security in the region. year, the first peaceful transfer of power to a he will hold a prominent place in Taiwan's his- Taiwan has been a valued and reliable part- popularly elected opposition leader by Chinese tory as the first democratically elected presi- ner to the United States during the previous anywhere will take place. President Lee Teng- dent in Taiwan's history. decades and I am sure this constructive rela- hui of the Nationalist Party will turn the presi- While the purpose of today's resolution is to tionship will continue, after president-elect dency over to the recently elected Chen Shui- congratulate President-elect Chen Shui-bian Chen Shui-bian takes office. bian of the Democratic Progressive Party. For and Vice President-elect Annette Hsiu-lien Lu Mr. DELAY. Mr. Speaker, I rise today in the first time in half a century, all of Taiwan's on their victory, I am pleased we are also re- strong support of the resolution offered by the history, the governing party will change. membering the most important element of this Majority Leader, Mr. ARMEY, and am proud to I wish to convey congratulations to Presi- election: the people of the Republic of China. be an original cosponsor. dent-elect Chen Shui-bian and Vice-President- When a democracy freely votes, respects The people of Taiwan should be com- elect Annette Hsiu-lien Lu. Leading Taiwan human rights and embraces free markets, they mended for their brave and inspiring show of into the next century, and being at the helm are a democracy among the established de- courage in support of democratic values. during the first changing of a political party in mocracies of the world. The people of Taiwan stood in the face of Taiwan's history, will be a great challenge. The United States is hopeful that Taiwan tremendous intimidation and constant threats However, I am confident that with the support will make use of its new power as a growing from the tyrants in Communist China, and they of the Taiwanese people and the continued democracy to lead a substantive dialogue in refused to back down. About 80 percent of the support of the international community, Taiwan that part of the world about democracy, the people went to the polls to exercise the most will continue to be a pillar in the region for de- rule of law, and the protection of human and sacred of democratic freedomsÐthe right of mocracy and freedom. religious rights. citizens to choose their own leaders. Mr. Again, I congratulate Taiwan. I hope and Again, I thank the Majority Leader and the Speaker, that is the essence of democracy. believe that Taiwan can be a window into the International Relations Committee for bringing Undoubtedly, this new administration in Tai- future of Asia. A future where everyone is this important resolution to the attention of the wan will face many challenges. For the first freeÐfree from abuse, free to speak, free to House of Representatives. time, Taiwan will experience a peaceful transi- practice the religion of choice and free to vote. Mr. LANTOS. Mr. Speaker, I wish to com- tion of executive power. This transition will not A free, stable and prosperous Taiwan serves mend the Majority Leader (Mr. ARMEY) for the be easy, but the peaceful passing of power is as a positive example in a region where none resolution we are considering today which at the core of democracy. The United States of these qualities are widely accepted. congratulates President-elect Chen Shuibian must support this transition in every way pos- Mrs. MINK of Hawaii. Mr. Speaker, I am and Vice President-elect Annette Lu on their sible. pleased to have this opportunity to join my col- victory in a free and open and democratic This expression of freedom should not serve leagues in congratulating President-elect Chen election in Taiwan. I also want to commend as a threat to Beijing, but as an inspiration. Shui-bian and Vice President-elect Annette Lu my distinguished colleague and friend from Hopefully, the day will soon come when the of Taiwan on their impressive victory. The Nebraska, the Chairman of the Subcommittee people of communist China, for so long fet- election results are testament to the strength on Asia of our International Relations Com- tered by the chains of communism and tyr- of Taiwan's democracy, which has witnessed mittee, Mr. BEREUTER, for his leadership on anny, will be able to determine their own des- the peaceful transition of power from the Na- this issue. tiny through free and fair elections. tionalist Party that ruled China for 50 years. Mr. Speaker, Taiwan is one of the great Until that time, it should be clear that the The election results are also a testament to success stories of the post-World War II era. United States is firm in its commitment to Tai- the courage and independence of the people At the end of the war, Taiwan was a destitute, wan, and I urge the Administration to use this of Taiwan, who refused to be intimidated by primitive, backward society. Today, it is one of occasion to signal to the world that we will the increasingly bellicose threats from China the great economic triumphs of this centuryÐ stand by and support our democratic allies. In on the eve of the election. a vibrant, innovative, creative economy, the the meantime, Taiwan should meet future I commend President-elect Chen Shui-bian 18th largest in the world. The strength of Tai- threats by Beijing with the same strength and for his constructive and positive statements on wan's economy is reflected in the fact that it determination that guided this most recent relations with China since his election. His is our nation's 7th largest trading partner. election. sensitivity and statesmanship will be critical to Taiwan is also one of the great political suc- Mr. PORTER. Mr. Speaker, I rise today in lowering the level of tension between China cess stories of the twentieth century. During support of this resolution. I want to thank the and Taiwan. the last two decades, Taiwan had become a gentleman from Texas (Mr. ARMEY) for bring- I am especially delighted at Vice President- full-fledged democracy. From an American ing this important resolution to the floor in elect Annette Lu's election. She will be the point of view, there is nothing more desirable such a timely manner. highest-ranking female government official in than to see an economically under-developed I want to congratulate Taiwan on its recent Taiwan's history! Her new position and her im- autocracy become a full functioning, vibrant free and fair elections. In a region of the world pressive accomplishments as an advocate for democracy as we have seen in Taiwan. where democracy is not widely accepted, it is women, human rights, and democracy make In this regard, Mr. Speaker, the recent elec- important that milestones like the elections of her an exciting leader to watch. tion marks another important milestone in the March 18th do not go unrecognized. Despite Mr. ORTIZ. Mr. Speaker, I rise today to consolidation of democracy in Taiwan. This threats from Beijing, the Taiwanese set them- thank the House, particularly Chairman BEN election marks the first peaceful transfer of selves apart from their neighbors by going to GILMAN and Ranking Member SAM GEJDEN- power from the KMT (Nationalist) party, which the polls and voting for the candidate who SON, for bringing this important resolution to has played the dominant political role in Tai- they wanted to be their leader. It is welcoming the floor. wan for the past half century, to Mr. Clen, the to see that there are peoples around the world I join all in this Congress in congratulating candidate of the Democratic Progressive who do not succumb to threats and pressure the Republic of China for the success of their Party. This peaceful change of political power

VerDate 20-MAR-2000 03:12 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\A28MR7.025 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1435 is reflection of the maturation of Taiwanese Once again, I would like to congratulate the (5) because of the unofficial character of democracy. people of Taiwan on their courage and com- United States relations with Taiwan, the De- I do want to pay tribute to President Lee mitment to forming a more democratic and partment of State is not responsible for Teng-hui, the first democractically elected funding the construction of a new office complete society. In addition, I would also like building for the Taipei office of AIT; President in the history of the Chinese people. to congratulate all the candidates, especially (6) AIT has made a good faith effort to set He has ably and faithfully served the people of President-elect Chen Shui-bian and Vice aside funds for the construction of a new of- Taiwan during his tenure as president, and as President-elect Annette Lu, for a very open fice building, but these funds will be insuffi- he steps down now at the completion of his and competitive campaign. I wish the Tai- cient to construct a building that is large presidential term, we owe him our thanks for wanese people well and hope to work together and secure enough to meet AIT’s current and the friendship he has shown the United with all people in the region for a peaceful and future needs; and (7) because the Congress established AIT States. prosperous future. I also want to pay tribute to President-elect and has a strong interest in United States re- Mr. GILMAN. Mr. Speaker, I yield lations with Taiwan, the Congress has a spe- Chen for the responsible and thoughtful way back the balance of my time. cial responsibility to ensure the AIT’s re- which he has approached the difficult issue of Mr. BROWN of Ohio. Mr. Speaker, I quirements for safe and appropriate office Taiwan's relationship with mainland China. We yield back the balance of my time. quarters are met. in the United States welcome his statesman- The SPEAKER pro tempore (Mr. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. ship and see it as a further reflection of the PETRI). The question is on the motion (a) AUTHORIZATION OF APPROPRIATIONS.— maturity of Taiwan's democracy. offered by the gentleman from New There is authorized to be appropriated the Mr. Speaker, these important changes in sum of $75,000,000 to AIT— York (Mr. GILMAN) that the House sus- Taiwan stand in sharp contrast with the con- (1) for plans for a new facility and, if nec- pend the rules and agree to the concur- essary, residences or other structures lo- tinuing authoritarian and dictatorial govern- rent resolution, H. Con. Res. 292, as ment which rules the People's Republic of cated in close physical proximity to such fa- amended. cility, in Taipei, Taiwan, for AIT to carry China. I think this resolution we are consid- The question was taken. out its purposes under the Taiwan Relations ering today needs to be viewed as one that Mr. GILMAN. Mr. Speaker, on that I Act; and congratulates the people of Taiwan on having demand the yeas and nays. (2) for acquisition by purchase or construc- attained a high degree of economic develop- tion of such facility, residences, or other The yeas and nays were ordered. ment and creating a functioning political de- structures. The SPEAKER pro tempore. Pursu- mocracy and starkly contrasts these positive (b) LIMITATIONS.—Funds appropriated pur- ant to clause 8 of rule XX and the developments with those in the People's Re- suant to subsection (a) may only be used if Chair’s prior announcement, further the new facility described in that subsection public of China. There is a free press in Tai- proceedings on this motion will be meets all requirements applicable to the se- wan, unlike the PRC. There are political alter- postponed. curity of United States diplomatic facilities, natives in Taiwan, but not in mainland China. including the requirements in the Omnibus Taiwan also recognizes the desire of its f Diplomatic Security and Anti-Terrorism Act people to function in a free and democratic b 1545 of 1986 (22 U.S.C. 4801 et seq.) and the Secure fashion, unlike China. In particular Taiwan per- Embassy Construction and Counterterrorism mits religious groups freedom of worship. In AMERICAN INSTITUTE IN TAIWAN Act of 1999 (as enacted by section 1000(a)(7) of China, on the other hand, the practitioners of FACILITIES ENHANCEMENT ACT Public Law 106–113; 113 Stat 1501A–451), ex- Falun Gong continue to be persecuted. Those cept for those requirements which the Direc- Mr. GILMAN. Mr. Speaker, I move to tor of AIT certifies to the Committee on who seek to practice their faith are prohibited suspend the rules and pass the bill International Relations of the House of Rep- or are limited to officially recognized and offi- (H.R. 3707) to authorize funds for the resentatives and the Committee on Foreign cially organized churches which have more to site selection and construction of a fa- Relations of the Senate are not applicable on do with securing political support for the com- cility in Taipei, Taiwan suitable for account of the special statue of AIT. (c) AVAILABILITY OF FUNDS.—Amounts ap- munist regime than they do with religious wor- the mission of the American Institute ship. The followers of all faithsÐin China, as propriated pursuant to subsection (a) are au- in Taiwan, as amended. thorized to remain available until expended. well as TaiwanÐmust have the freedom to The Clerk read as follows: practice their religion. The handful of incredibly The SPEAKER pro tempore (Mr. courageous individuals in China who have ex- H.R. 3707 PETRI). Pursuant to the rule, the gen- pressed views contrary to the communist re- Be it enacted by the Senate and House of Rep- tleman from New York (Mr. GILMAN) gime must be released. resentatives of the United States of America in and the gentleman from Ohio (Mr. Congress assembled, Mr. Speaker, the resolution we are consid- BROWN) each will control 20 minutes. ering today acknowledges the outstanding SECTION 1. SHORT TITLE. The Chair recognizes the gentleman contributions of the Chinese people. I person- This Act may be cited as the ‘‘American from New York (Mr. GILMAN). Institute in Taiwan Facilities Enhancement ally have the highest regard for Chinese civili- Act’’. GENERAL LEAVE zation and what it has contributed to the cul- Mr. GILMAN. Mr. Speaker, I ask SEC. 2. FINDINGS. ture of all humankind. It is one of the great The Congress finds that— unanimous consent that all Members tragedies of history that these wonderful and (1) in the Taiwan Relations Act of 1979 (22 may have 5 legislative days within cultured people are ruled by an autocratic and U.S.C. 3301 et seq.), the Congress established which to revise and extend their re- dictatorial regime. the American Institute in Taiwan (hereafter marks on H.R. 3707. Mr. Speaker, I strongly urge my colleagues in this Act referred to as ‘‘AIT’’), a nonprofit The SPEAKER pro tempore. Is there to join me in supporting this resolution, which corporation incorporated in the District of objection to the request of the gen- recognizes the enormous achievements of the Columbia, to carry out on behalf of the tleman from New York? people of Taiwan and holds out great hope for United States Government any and all pro- There was no objection. the people of China. grams, transactions, and other relations Mr. GILMAN. Mr. Speaker, I yield Mr. WU. Mr. Speaker, I rise to congratulate with Taiwan; myself such time as I may consume. the people of Taiwan on the successful March (2) the Congress has recognized AIT for the (Mr. GILMAN asked and was given successful role it has played in sustaining 18th, 2000 presidential election. Taiwan's dec- and enhancing United States relations with permission to revise and extend his re- ades-long political transformation and the re- Taiwan; marks.) cent election are indeed great examples of (3) the Taipei office of AIT is housed in Mr. GILMAN. Mr. Speaker, I am Taiwan's commitment to a government of the buildings which were not originally designed pleased to rise in support of H.R. 3707, people, by the people and for the people. for the important functions that AIT per- a bill to authorize funds for the con- As the first member of the United States forms, whose location does not provide ade- struction or acquisition of a new facil- Congress born in Taiwan, I observed with quate security for its employees, and which, ity for the American Institute in Tai- great interest Taiwan's extremely competitive because they are almost 50 years old, have wan. presidential campaign. The open process is a become increasingly expensive to maintain; I would like to thank the distin- (4) the aging state of the AIT office build- guished sponsor of the bill, the vice tribute to the people of Taiwan, and to the is- ing in Taipei is neither conducive to the land's real, working democratic process. Tai- safety and welfare of AIT’s American and chairman of our committee, the chair- wan has indeed achieved democracy under local employees nor commensurate with the man of the Subcommittee on Asia and adversity and joined the great democracies of level of contact that exists between the the Pacific, the gentleman from Ne- the world. United States and Taiwan; braska (Mr. BEREUTER), for his efforts

VerDate 20-MAR-2000 04:25 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.028 pfrm06 PsN: H28PT1 H1436 CONGRESSIONAL RECORD — HOUSE March 28, 2000 in framing this bill and in amending it Additionally, I express my apprecia- tleman from New Jersey (Mr. SMITH), to improve it further for consideration tion to the ranking minority member the gentleman from Ohio (Mr. BROWN), by the full committee. of the Subcommittee on Asia and the and the gentleman from California (Mr. Mr. Speaker, the American Institute Pacific, the distinguished gentleman ROHRABACHER). The bill authorizes the of Taiwan serves the important func- from California (Mr. LANTOS), for his appropriation of $75 million for plan- tion of maintaining relations with Tai- cosponsorship and special cooperation ning acquisition and construction of a wan, and the mission should be appro- in expediting the consideration of this new facility for AIT. priately supported by the Congress. legislation. Over 20 years after the enactment of There is no doubt that the current fa- Mr. Speaker, this Member believes it the Taiwan Relations Act, our unoffi- cility is inadequate and does not meet is important to note that the United cial relations with the people of Tai- security standards. This bill authorizes States’ commitment to the security wan are stronger, more robust, and $75 million for a suitable location for a and well-being of the people of Taiwan more important than ever. In order to new facility and for necessary con- is enshrined in the Taiwan Relations reflect the importance of these rela- struction costs. Act of 1979, the TRA, a congressional tions, as well as for very practical rea- We are looking forward to a long fu- initiative of that year, responding to a sons of efficient and secure operations, ture with Taiwan and it is time to controversial Carter administration the Congress needs to act now to au- make the long-range commitment and initiative of that previous year. thorize the lengthy effort to upgrade invest in a new facility to support this The TRA, which continues to be the our diplomatic facilities on Taiwan. relationship. Accordingly, I am urging guide of our unofficial relations with Mr. Speaker, recently, as is apparent my colleagues to support the bill. Taiwan, is an important document for to all, we have been seized with issues Mr. Speaker, I provide for the us to consider and to reaffirm from involving our relationship with Taiwan RECORD information on a cost estimate time to time and also to reexamine to and China. Today, relatedly, we just done by the Congressional Budget Of- make sure that we understand exactly considered another resolution, House fice on this matter: what it is that controls our relation- Concurrent Resolution 292, that once H.R. 3707—AMERICAN INSTITUTE IN TAIWAN ship with Taiwan and, in effect, the re- again congratulates the people of Tai- FACILITIES ENHANCEMENT ACT lationship between Taiwan and the wan on the success of their historic H.R. 3707 would authorize $75 million for People’s Republic of China. democratic elections. We have also the design and construction of a new facility The TRA established the American been concerned by the bellicose rhet- in Taipei to be used by the American Insti- Institute in Taiwan, AIT, as a non- oric from Beijing that once again pre- tute in Taiwan. The American Institute in profit corporation to implement on be- ceded the Taiwanese presidential elec- Taiwan is a nonprofit corporation that facili- half of the United States Government tion. The House also recently passed a tates programs and relations between the any and all programs, transactions and properly amended version of the Tai- United States and Taiwan. CBO estimates other relations with Taiwan. In other that implementing H.R. 3707 would cost $6 wan Security Enhancement Act, while million in 2001 and $63 million over the 2001– words, to function as our unofficial em- at the same time we are preparing for 2005 period, assuming appropriation of the bassy in Taiwan. The current AIT fa- the upcoming debate on granting per- authorized amount. (We estimate that the cilities, which in some cases consists of manent normal trade relations for remaining $12 million would be spent after aging quonset huts, are grossly inad- China as a part of the country’s acces- 2005.) Because the bill would not affect direct equate and were not designed for the sion to the WTO. spending or receipts, pay-as-you-go proce- important functions of AIT. They were In view of all these developments, dures would not apply. built or occupied as temporary facili- now is the appropriate time to send an- H.R. 3707 contains no intergovernmental or ties almost 50 years ago, and are in- other signal of our unshakable, long- private-sector mandates as defined in the Unfunded Mandates Reform Act and would creasingly difficult and expensive to term commitment to our critically im- not affect the budgets of state, local, or trib- maintain. portant relations with Taiwan. We are al governments. From the perspective of security, there in Taipei with the citizens of Tai- The CBO staff contact is Sunita D’Monte. AIT fails miserably, surrounded by wan for as long as it takes to assure This estimate was approved by Peter H. taller buildings and lacking adequate that any reunification with the main- Fontaine, Deputy Assistant Director for setbacks. Major, very cost-ineffective land is voluntary and as a result of Budget Analysis. enhancements would be required to peaceful means. In the judgment of this Mr. Speaker, I yield such time as he bring it into compliance with security Member, the Congress should and will may consume to the gentleman from requirements. In fact, it is an impos- work with the administration to ap- Nebraska (Mr. BEREUTER). sibility, and the site is entirely inap- prove permanent normal trade rela- Mr. BEREUTER. Mr. Speaker, I propriate for our new construction for tions with the People’s Republic of thank the gentleman for yielding me the AIT. China, the PRC, as part of our support this time and, as the author of H.R. Because of our unique relationship for its accession to the World Trade Or- 3707, the American Institute Enhance- with Taiwan, characterized by the ganization, just as we support and will ment Act, this Member rises in strong agreement itself, the State Department lead in the near simultaneity of Tai- support of what he regards as timely is not able, under routine authority, to wan’s accession to the WTO, a long-jus- and responsible legislation. proceed with the planning and the con- tified accession to the WTO that has Before commenting on it, though, struction of a new facility for AIT. The been too long delayed. this Member would like to express his Congress must specifically authorize We will support the accession of the sincere appreciation to the Sub- and appropriate the necessary funds. PRC to the WTO because it is in our committee on International Operations While AIT has made a good faith effort clear national interest to do so. At the and Human Rights, the distinguished to set aside funds for the construction same time, it is very important that gentleman from New Jersey (Mr. of a new office building complex, these we make it crystal clear to the PRC SMITH), for his much appreciated as- funds, while very significant, will never and the world that we are calmly but sistance in moving this bill forward so be sufficient for even a modest complex resolutely standing at the side of Tai- quickly and for suggested refinements that is sufficient and secure enough to wan, providing for the sale of necessary that were incorporated in the bill dur- meet AIT’s needs. defensive weapons to it for its defense ing the markup of the Committee on H.R. 3707, which this Member intro- against any hostile or coercive action International Relations. duced, has bipartisan support. Al- to force its reunification with the PRC This Member would also like to though only recently introduced, the through any process that is not a thank the distinguished chairman of resolution is cosponsored by the distin- peaceful noncoercive one. the committee, the gentleman from guished ranking member of the com- We are, by our recent actions regard- New York (Mr. GILMAN) and the rank- mittee, the gentleman from Con- ing Taiwan making our continued posi- ing minority member, the gentleman necticut (Mr. GEJDENSON), as well as tive, supportive, TRA-driven relation- from Connecticut (Mr. GEJDENSON), for other distinguished members of the ship with Taiwan unambiguous. We are supporting this bill and moving it expe- committee, including the gentleman proceeding in a two-track Taiwan-PRC ditiously. from California (Mr. LANTOS), the gen- policy; resolutely, unflinchingly, and

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.045 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1437 unabashedly standing by Taiwan’s side Under the provisions of the Taiwan Rela- The question was taken; and (two- while demonstrating our willingness to tions Act, the American Institute in Taiwan thirds having voted in favor thereof) engage with the PRC in a variety of (AID) is the unofficial entity through which we the rules were suspended and the bill, ways when it is in our national interest maintain our unofficial relationship with Tai- as amended, was passed. to do so and when it is consistent with wan. For the past twenty years, the AIT has The title of the bill was amended so our region-stabilizing role to do so. We served us well. I want to commend the individ- as to read: ‘‘A bill to authorize funds have benign motives for our great and uals who have played such an important role for the construction of a facility in many interests in Asia, but as a super- in the activities of the AIT. In particular, I want Taipei, Taiwan suitable for the mission power, we will act like one and defend to express appreciation for the current head of of the American Institute in Taiwan.’’ our national interest in the region and AIT, Richard Bush, who is a former out- A motion to reconsider was laid on support all of our loyal allies. standing member of the staff of the Sub- the table. Mr. Speaker, this Member urges his committee on Asia of the House International f colleagues to join him in supporting Relations Committee. COMMENDING LIBRARY OF CON- the American Institute in Taiwan Fa- Mr. Speaker, as several of my colleagues GRESS FOR 200 YEARS OF OUT- cilities Enhancement Act. have already emphasized, the current AIT fa- STANDING SERVICE Mr. BROWN of Ohio. Mr. Speaker, I cilities in Taipei are grossly inadequate. They yield myself such time as I may con- were not designed for the important functions Mr. EHLERS. Mr. Speaker, I move to sume. which AIT performs. They are old, having suspend the rules and agree to the con- Mr. Speaker, I rise in support of H.R. been built over 50 years ago, and the facilities current resolution (H. Con. Res. 269) 3707. I thank my friend, the gentleman are increasingly difficult and expensive to commending the Library of Congress from New York (Mr. GILMAN) and the maintain. Furthermore, authorities in Taiwan and its staff for 200 years of out- gentleman from Nebraska (Mr. BEREU- want back the land on which they are located. standing service to the Congress and TER) for their good work on this legis- From a security perspective, the facility is the Nation and encouraging the Amer- lation. even more seriously inadequate. Following the ican public to participate in bicenten- The recent election of President Chen bombings of our nation's embassies in Nairobi nial activities. was a monumental event in Taiwan’s and Dar es Salaam, the concern for the secu- The Clerk read as follows: history. The peaceful transfer of power rity of all American facilities has increased. H. CON. RES. 269 will stand as a model for all other na- The AIT buildings in Taipei are dangerously Whereas the Library of Congress, Amer- tions struggling for the Democratic inadequate. There is virtually no setback, and ica’s oldest Federal cultural institution, was ideals that our Nation holds so dear. major security enhancements would be nec- established on April 24, 1800, and in its 200 Under threats of violence from the Peo- essary to bring the facilities into compliance years of existence has become the largest ple’s Republic of China, the people of and most inclusive library in human history; with current security standards. The legislation Whereas the Library’s mission is to make Taiwan demonstrated their desire to we are considering today requires that the its resources available and useful to the Con- elect the candidate with the ability new facility meet the embassy security stand- gress and the American people and to sustain and the vision to lead them into the ards set forth in the Omnibus Diplomatic Se- and preserve a universal collection of knowl- 21st century. curity and Antiterrorism Act of 1986 (com- edge and creativity; The United States must recognize its monly referred to as the Inman Standards) Whereas, in furtherance of its mission, the responsibility to assist the Taiwanese and the Security Embassy Construction and Library has amassed an unparalleled collec- leadership in establishing a peaceful Counter Terrorism Act of 1999. tion of 119 million items, a superb staff of Taiwan. Any resolution to the dispute ‘‘knowledge navigators’’, and networks for The Congress has already recognized the gathering the world’s knowledge for the Na- between China and Taiwan will be need to improve AIT's facilities, and the FY tion’s good; through peaceful negotiation with the 2000 appropriations legislation included $5 Whereas the Library, the Congress, and the ascent of the Taiwanese people. million for the design of a new facility. AIT Nation have benefitted richly from the work Assisting Taiwan in their pursuit of a staff, using standard cost factors unofficially of thousands of talented and dedicated Li- Democratic future, we must provide provided by the State Department, have esti- brary employees throughout the Library’s the American Institute in Taiwan with mated that constructing a new facility would 200-year history; the necessary resources to perform all cost in the range of $80 to $100 million. This Whereas the citizens of the United States have generously contributed to the Library’s of their functions properly. The alloca- estimate is in line with recent construction tion of funds for planning, for acquisi- collections through their own creativity, so- costs of new embassy facilities, such as our cial and scholarly discourse, donation of ma- tion, and for construction for a new fa- Embassy in Nairobi. The staff of AIT has terials in all formats, and generous philan- cility is a clear gesture of the U.S.’s made a good faith effort and has set aside thropic support; long-term commitment to the people of funds for capital construction, managing to ac- Whereas the goal of the Library’s bicenten- Taiwan. crue approximately $25 million thus far. There- nial commemoration is to inspire creativity The American Institute in Taiwan fore, an authorization of $75 million, plus the in the centuries ahead and remind Ameri- plays a valued role in U.S.A.-Taiwan $25 million AIT already has on hand, should cans that all libraries are the cornerstones of democracy, encouraging greater use of the relations. For more than 20 years, the be sufficient to cover construction costs. AIT has implemented all programs and Library of Congress and libraries every- Mr. Speaker, United States relations with where; transactions for the United States Gov- Taiwan are extremely important, and it is crit- Whereas this goal will be achieved through ernment in Taipei. But the current ical that AIT have an appropriate facility in Tai- a variety of national, State, and local conditions of the AIT’s facilities are pei. We must also protect the safety of those projects, developed in collaboration with undoubtedly inadequate. Built as tem- Americans and Taiwanese who work or con- Members of Congress, the staff of the Li- porary structures some 50 years ago, duct business at AIT in Taipei. This legislation brary of Congress, libraries and librarians the cost of maintenance and repair are represents a reasonable and responsible effort throughout the Nation, and the Library’s becoming increasingly more expensive. to deal with the inadequate facilities currently James Madison Council and other philan- The facilities also have virtually no thropic supporters; in use. I urge my colleagues to support this Whereas the centerpiece of the bicenten- setback, and steps to meet security important piece of legislation. nial celebration is the Local Legacies standards are not cost effective. Mr. BROWN of Ohio. Mr. Speaker, I Project, a joint effort of Congress and the Li- The AIT needs a modern and effective have no further requests for time, and brary of Congress to document distinctive base of operations to perform its duties I yield back the balance of my time. cultural traditions and historic events rep- in these historical times. I urge my Mr. GILMAN. Mr. Speaker, I have no resenting local communities throughout the colleagues to support this measure. further requests for time, and I yield country at the turn of the 21st century; and Mr. LANTOS. Mr. Speaker, I wish to com- back the balance of my time. Whereas the bicentennial commemorative mend my distinguished colleague and friend The SPEAKER pro tempore. The activities also include symposia, exhibitions, question is on the motion offered by publications, significant acquisitions, the from Nebraska, the Chairman of the Sub- issuance of a commemorative coin and committee on Asia of our International Rela- the gentleman from New York (Mr. stamp, and enhanced public access to the tions Committee, Mr. BEREUTER, for his leader- GILMAN) that the House suspend the collections of the Library of Congress ship in introducing H.R. 3707, the American rules and pass the bill, H.R. 3707, as through the National Digital Library: Now, Institute in Taiwan Facilities Enhancement Act. amended. therefore, be it

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.061 pfrm06 PsN: H28PT1 H1438 CONGRESSIONAL RECORD — HOUSE March 28, 2000 Resolved by the House of Representatives (the ing efficiency of energy use, and so cently promoted to become the head of Senate concurring), That the Congress com- forth. the reference section in the main li- mends the Library of Congress and its em- On a trip to Washington, I spent a brary there; she also has enlightened ployees, both past and present, on 200 years day at the Library of Congress doing me about many of the problems of of service to the Congress and the Nation and encourages the American public to par- research. I was just delighted with all modern-day libraries, and she is my ticipate in activities to commemorate the the materials that I found there which personal consultant on matters relat- Library’s bicentennial. were very, very useful in my research. ing to libraries. The SPEAKER pro tempore. Pursu- I could easily have spent a couple of So it is with great pleasure that I ant to the rule, the gentleman from weeks devouring the material there recognize the major role that libraries Michigan (Mr. EHLERS) and the gen- and condensing it for use in my work. have played but, in particular, what I was truly astounded at the re- tleman from Maryland (Mr. HOYER) the Library of Congress has meant to each will control 20 minutes. sources of the Library of Congress but this Nation and, indeed, to all aca- The Chair recognizes the gentleman also very, very pleased at the way the demic institutions worldwide and, in from Michigan (Mr. EHLERS). employees helped me and treated some- addition to that, recognize the staff one from a small town in Michigan try- and administration for the outstanding b 1600 ing to do research on a major national work they have done for 200 years. Mr. EHLERS. Mr. Speaker, I yield issue. They were extremely helpful. We welcome their contributions, and myself such time as I may consume. They determined what I needed to find we admire them and congratulate them Mr. Speaker, it is a pleasure to speak and they helped me find it. as they reach their bicentennial. We on this resolution today. I hope the My appreciation of the Library of wish them a wonderful bicentennial Chair will indulge me as I go through Congress increased even more after I year as they engage in many different some of my history of involvement in came to the Congress and observed celebrations. libraries and why I believe this is a firsthand the services they provide to Mr. Speaker, I reserve the balance of very important resolution. our country and to our Congress. It is my time. This story goes back many years to a marvelous institution and is blessed Mr. HOYER. Mr. Speaker, I yield my- the time when I was a young lad in with a good administration, and is self such time as I may consume. Minnesota. I had chronic asthma. I was blessed now and has been blessed for Mr. Speaker, I rise to join my very unable to go to school, and did all my 200 years with an outstanding staff. distinguished colleague, the gentleman schoolwork at home. I was home It is a venerable institution that from Michigan (Mr. EHLERS). I might schooled before people knew that term. started in a small way in this building say that he started out with saying And that left me with a great deal of and then was burned out when the Brit- that he had a long history in dealing time to read because I could do most of ish came in and burned the Capitol and with libraries and was going to go back my schoolwork in 3 hours a day. the White House some years ago. to his childhood; and I want to tell my I lived in a small town of 800 people. Thanks to Thomas Jefferson, who after friend I was going to jump to my feet We had a library that contained prob- the fire willingly offered his personal and yield him more time on the theory ably that same number of books, about library of some 20,000 volumes to the that it might take some time. He is a 800 books. I believe I read every book in Congress for purchase at a reasonable distinguished scholar and a distin- that library at least once, except for price, the Library of Congress was re- guished Member of this body, and I those that the librarian kept hidden vived and eventually developed into want to join in his remarks. under her desk, as they did in those what we have today, the largest collec- Mr. Speaker, I am proud to support days. This led me to a great interest in tion of books and materials in the en- this concurrent resolution which hon- reading and a great appreciation for li- tire world. ors the Library of Congress and its ex- braries. The Library and its employees have traordinary staff. As the oldest Federal As I grew up, I continued to value also advanced into the modern age cultural institution and the largest li- and treasure libraries and the resource with the addition of the Internet, brary in the world, the Library of Con- they represent for our communities which first of all helps make all public gress serves a unique role in American and for our country. Little did I know documents of the House of Representa- life. It is the keeper of our past and a at that time that I would become in- tives and the Senate available to every teacher of our future. volved in politics. I never expected to, person in this country and indeed on The Library archives America’s cul- never intended to, and yet here I am. this planet. tural history through its collections of But, on the way, I have served as a In addition to that, they make much 119 million items, including books, member of a county library board. I other information available; they have films, musical recordings, prints, maps, have served as a member of a city li- developed what is called the digital li- and photographs. brary board. I also served as a member brary. With the help of grants from Make no mistake, though, the Li- of the Board of the State Library of various good citizen and corporations brary is not simply a collection of doc- Michigan. And now I am on the Joint in this country, much of the material uments wasting away in a Federal Committee of the Library of Congress. in the Library of Congress is available warehouse. Due to an extraordinarily My experience with all these librar- to schoolchildren everywhere. talented and dedicated staff, the Li- ies increased my appreciation of librar- So the Library continues to adapt to brary, as the gentleman from Michigan ies and librarians. Tremendous re- the changing times and changing tech- (Mr. EHLERS) has pointed out, is a true sources are available in libraries, and I nology, and they are doing a marvelous American treasure. The employees of found this out as I got into the aca- job of not only providing that informa- the Library of Congress make millions demic world first at Calvin College and tion but training the staff to enter the of items in the collection come to life then at the University of California at digital age. as a living history of our Nation. Berkeley. I am very appreciative of all that Through its 22 reading rooms on Cap- Coming from a very small town, I they have done, and I rise to support itol Hill and its extensive web site, the was just amazed at what I could find in this resolution and urge its passage. It Library, as I said, educates America. a library not only in terms of books to recognizes not only the history of the Whether it is a Member of Congress ex- read but also in material useful for re- institution and the contributions they amining an issue, a school child re- search. have made but, in particular, the con- searching a report, or an author writ- I also remember the first time I used tributions that the staff has made ing a book, the Library of Congress the Library of Congress. I was engaged working very diligently to meet the will have what they are looking for and in academic research on energy re- needs of our citizens. its staff of ‘‘knowledge navigators’’ sources sometime after the energy cri- I must confess to a little personal in- will make sure they find it. sis of 1973, and I studied various as- terest here as well. I have a daughter Just last month, Mr. Speaker, I in- pects relating to scientific analysis of who became a librarian and has been troduced my new web site at the James energy resources, the use of energy, the manager of a branch library in Madison Middle School in Upper Marl- alternatiave sources of energy, improv- Grand Rapids, Michigan, and was re- boro, Maryland. The student who was

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.013 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1439 helping me demonstrate the site was Mr. EHLERS. Mr. Speaker, I yield The library today comprises almost 119 mil- doing a paper on the Gold Rush. myself such time as I may consume in lion itemsÐ18 million books, 12 million photo- Through my site, we linked to the Li- concluding. graphs, 5 million maps, millions of technical brary of Congress’ American Memory Mr. Speaker, I thank the gentleman reports, music, movies, prints, manuscripts, web site. from Maryland (Mr. HOYER) for his microfilm. The collection includes items in 490 The student searched for information comments about the Library. He truly languages. The library collection requires on the Gold Rush and emerged with a recognizes the value of the Library of some 530 miles of bookshelves and the col- treasure trove of information, letters Congress and what it has done for this lection increases by 10,000 items each day. from frontiersmen, pictures of the Old Nation. But one comment in particular Mr. Speaker, I want to pay particular tribute West, lyrics from music sung on the rang true, that this has truly become to Dr. James Billington, the 13th and current trail. I saw a light, Mr. Speaker, in the library of the world. Librarian of Congress, who has played such a that young boy’s eyes as history came When I was a youngster, it was a li- critical role in the modern transformation of the alive for him. brary of Congress. It soon became the Library. Dr. Billington has taken the lead in This is but one small example of the library of this country. And now, emphasizing the continuing importance of power and impact of the Library of through the Internet and through its knowledge in the modern world, and he has Congress. It is an example that is re- leadership, it has truly become the li- undertaken a number of critical innovations to peated daily in classrooms all across brary of the world. I personally believe bring the library into line with our digital and America. The answers that boy found, it is having as much or more impact on Internet era. the answers the Library helps all of us what is happening in the world around When he launched the bicentennial of the find, do not come to us simply because us today than the Library of Alexan- Library of Congress three years ago, Dr. we click the mouse or pick up a phone dria over two millennia ago had on the Billington gave the celebration the theme ``Li- or visit the reading room. The answers, known world at that time. braries, Creativity, Liberty.'' That theme is par- It is truly a venerable institution and Mr. Speaker, come because of the hard ticularly appropriate, Mr. Speaker. Libraries filled with very good people, good work and dedication of the staff of the are the knowledge they preserve and dissemi- scholars, helpful scholars; and it has Library of Congress. nate are fundamental to our nation's creativity meant so much to this Congress and to We do not always know their names, and innovation in this age of rapid change. At this Nation. I am very pleased that the but it is impossible not to know their the same time, libraries and their repository of Congress will be joining us in honoring work. They are the ones who find the knowledge are essential for the function of a them for their good work. Mr. Speaker, books, who organize the materials, who democratic society. Knowledge available to a research the issues, who write the sum- I urge passage of this resolution. Mr. LANTOS. Mr. Speaker, I welcome the nation's citizens is a requirement for a free maries, and, yes, who update the web people and for a democratic society to func- site. Our lives and the American peo- effort of our colleague from Michigan (Mr. EHLERS) for this legislation we are considering tion. ple’s lives are richer for their work. today commending the Library of Congress Mr. Speaker, I urge my colleagues to join in I am proud to join my friend, the supporting this important resolution. gentleman from Michigan (Mr. and its employees, both past and present, on 200 years of service to the Congress and the Mr. Speaker, I submit Dr. James Billington's EHLERS), in honoring them today and personal reflection, ``The Library of Congress the Library itself. I am honored and Nation and encouraging the American public to participate in activities to commemorate the turns 200'' which appeared in the April 2000 privileged to support this resolution. issue of the magazine American History. Dr. The Library of Congress is among the Library's bicentennial. As my colleagues have noted, Mr. Speaker, Billington reflects his insight regarding the role finest institutions in our land and, yes, on April 24 of the year 1800, President John and position of the Library of Congress in the even more so than that, probably the Adams signed legislation establishing the Li- United States. At the same time, he provides finest library in the world and one of brary of Congress and appropriating $5,000 a personal insight as one of our nation's fore- the finest institutions in the world. for this modest effort. The year after President most historians. It is led by an extraordinary Amer- Adams and the Congress established our na- On April 24 of this year the Library of Con- ican, Dr. Jim Billington, my friend, a gress—America’s national library and oldest tion's national library, 740 volumes and three scholar himself, one of the intellec- federal cultural institution—will turn 200. maps purchased from a London bookseller tuals of this Nation, one of the experts The Library was founded in 1800 with the pri- comprised the initial holdings of the library. mary mission of serving the research needs on Russia and many other subjects. By 1812, the collection had grown to 3,076 But he and the staff with whom he of the United States Congress, but during books. During the War of 1812, however, the the past two centuries the collections have works have brought alive the informa- British military occupied Washington, D.C., evolved into the largest repository of knowl- tion so necessary to succeed in our so- and burned the Library of Congress as well as edge in the world. The Library now houses ciety today. torching a number of other prominent Wash- more than 115 million books, maps, manu- Mr. Speaker, the Library of Congress ington buildings, including the White House scripts, photographs, motion pictures, and was relevant when it was founded 200 and the Capitol. music. years ago. In the information age, I The nature of the institution was trans- The Library’s history reflects in many ways the story of the passions of its build- suggest to my colleagues, the Library formed in 1815 when Thomas Jefferson sold is more relevant today than it has ever ers—beginning with Thomas Jefferson and his personal library to the Library of Congress James Madison. Initially the Library’s hold- been. It is opening up the gateway to to reconstitute the collection. The Jeffersonian ings were no bigger than some home librar- knowledge, knowledge essential not purchase was fortuitous because it permitted ies. A mere 740 volumes and three maps or- just to the young but to all of us if we the Library to re-establish a collection, but it dered by Congress from London booksellers are to succeed and to enjoy this infor- also fundamentally changed the nature of the arrived in 1801 and were kept in the office of mation age in which we live. Mr. Library of Congress. Before 1814, the Library the secretary of the Senate. A year later Speaker, as I said earlier, I rise in was a narrow collection of books dealing with Thomas Jefferson appointed the first Librar- strong support of this concurrent reso- legal and historical topics. Jefferson's personal ian of Congress, John J. Beckley, who also was the clerk of the House of Representa- lution. library was a broad collection which included Mr. Speaker, I do not have any re- tives. Little did Jefferson know at the time literature on a wealth of topics and fields of that his own library would be the seed from quests for time, I tell the gentleman knowledge, including literature. which the present collections would grow. from Michigan (Mr. EHLERS). I know In 1815, some Members of Congress ob- On August 14, 1814, British soldiers burned my colleagues on the committee, the jected to books in foreign languages and the U.S. Capitol and with it the contents of gentleman from Pennsylvania (Mr. books on spiritualism, architecture, and other the Library of Congress, that by then con- FATTAH) and the gentleman from Flor- topics that they considered to be of no interest tained more than 3,000 items. Following the ida (Mr. DAVIS), join me in my com- to the Congress. But Jefferson argued that conflagration, Jefferson offered to sell Con- ments and in the comments of the gen- ``there is, in fact, no subject to which a Mem- gress his personal collection of 6,487 volumes for $23,950. Congress approved the purchase, tleman from Michigan (Mr. EHLERS) ber of Congress may not have occasion to though not without some debate. Several and in their congratulations to the Li- refer.'' Fortunately, Jefferson's conception of members believed Jefferson’s library in- brary of Congress and to its staff. the Library of Congress won out, and that con- cluded books unrelated to legislative work, Mr. Speaker, I yield back the balance cept still guides the accessions of the Library to which he retorted: ‘‘There is, in fact, no of my time. today. subject to which a member of Congress may

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.064 pfrm06 PsN: H28PT1 H1440 CONGRESSIONAL RECORD — HOUSE March 28, 2000 not have occasion to refer.’’ That statement continuing through to the twentieth cen- 53 million manuscripts, 12 million photo- has guided the collecting policies of the Li- tury’s Calvin Coolidge. The documents con- graphs, 4.5 million maps, 2.4 million sound re- brary of Congress to this day and is one of stitute the foremost source for the study of cordings, nearly a million moving images and the main reasons why the institution’s col- American leaders and provide a personal lections have a breadth and depth un- view of history that no textbook can offer. millions of other items. matched by any other repository. In 1996, the Library acquired the Marian Mr. Speaker, on April 24, 2000, the Library Disaster struck the Library again on Carson Collection of Americana, believed to will begin a yearlong program of bicentennial Christmas Eve 1851 when a faulty chimney be the most extensive existing private as- activities, which will be a national celebration flue started a fire that destroyed nearly two- semblage of rare materials relating to the of all libraries and the important role they play thirds of the Jeffersonian collection. Over nation’s history. The Carson family of Phila- in our society. The centerpiece of this effort is the years, the Library has worked, with delphia had collected such precious mate- a project called Local Legacies, which created some success, to find duplicates of these vol- rials as an extremely rare broadside printing an opportunity for citizens to participate in the umes. An aggressive campaign to acquire the (only one other copy is known to exist) of remaining missing tomes is currently under the Declaration of Independence, believed to Library of Congress Bicentennial celebration. way in conjunction with Gifts to the Nation, have been printed circa July 10–20, 1776; an Senators and Representatives, working with a bicentennial program that encourages do- 1839 photographic self-portrait of Robert their constituents and local libraries and cul- nations of rare and important materials to Cornelius, the earliest extant U.S. portrait tural institutions, have selected at least one the national collection. All books found will photograph known; and a chalk-drawing of significant cultural event or tradition that has be featured in ‘‘Genius of Liberty,’’ an exhi- George Washington, made within a year of been important to their district or state. These bition about Jefferson that will open in his death in 1799. These and the many other events have been documented and forwarded April. items in the collections have reinforced the to the Library to be added to the American Over the years Congress has generously Library’s preeminence as a source of mate- Folklife Center's archives to provide a cross supported the Library and the Librarians of rials relating to American history. Congress in their pursuit of building this Established by an act of Congress in 1976, section of the grassroots creativity of America grand house of knowledge. For example, the American Folklife Center holds the larg- that will be preserved and shared with future when Abraham Lincoln appointed Ainsworth est archives of the nation’s distinctive cul- generations. Rand Spofford Librarian of Congress in 1864 tures. The center’s collections will increase Members will be able to provide links on (he served until 1897), he selected the man, significantly with Local Legacies project, their webpages to the Local Legacies projects more than any other individual, who trans- which is providing a snapshot of American they have chosen and to the main Local Leg- formed a legislative library into an institu- creativity at the turn of the century. Local acies Project page on the Library of Congress' tion of national importance. At the time of Legacies is the premiere project of the Li- website. Materials selected for Internet access Spofford’s appointment, the Library’s collec- brary’s bicentennial effort and is jointly sponsored by Congress. will encompass the widest possible range of tions numbered only 82,000 volumes. That contributions, including video, sound, print, number was to explode to roughly 900,000 by Among the many resources of the Li- Spofford’s retirement. brary’s Rare Book and Special Collections manuscript, and electronic formats. In March 1865 Congress followed Spofford’s Division, the Lessing J. Rosenwald Collec- Several months ago, I requested that the Li- recommendation and changed the copyright tion of illustrated books from the fifteenth brary consider further enhancing public partici- law to require that one printed copy of every through twentieth centuries stands out. It pation in the bicentennial by holding an exhibit copyrighted ‘‘book, pamphlet, map, chart, features an amazing number of books of of the Library's top treasures during the sum- musical composition, print, engraving or great rarity. Two of this collection’s many mer when the greatest number of constituents photograph’’ created in the United States treasures include the magnificent fifteenth- visit our Nation's capital. I am pleased to re- century manuscript known as the Giant must be sent to the Library for its use. That port that some of the most exciting items from law is chiefly responsible for the growth of Bible of Mainz, kept on permanent display in the institution’s collections. In 1870, Presi- the Library’s Great Hall, and one of only two the Library's enormous holdings will be on dis- dent Ulysses S. Grant approved an act of known copies of the 1495 edition of Epistolae play throughout the summer at the Library and Congress requiring that two copies of every et Evangelia, sometimes called the finest il- I would encourage all Members to direct vis- copyrighted item be sent to the Library and lustrated book of the fifteenth century. iting constituents to this once in a lifetime ex- that all U.S. copyright activities be centered During the 1990s, the Library moved into hibit. there. the digital age, with its award-winning and Mr. Speaker, I once again would like to con- Spofford also persuaded Congress to appro- widely popular web site (www.loc.gov), which gratulate the Library of Congress, the Librarian priate funds for a separate Library of Con- now handles more than 80 million ‘‘hits’’ per of Congress, Dr. James Billington, and all of month. In April internet users will find in- gress building, since space in the Capitol had the Library's staff on two hundred years of been exhausted. The new structure, now formation on five million items relating to known as the Thomas Jefferson Building, American history that the Library is making outstanding service to the Congress and the opened in 1897. Some have called it the most available on the site as its Gift to the Na- American people. beautiful public building in America. Since tion. This technology makes the collections Mr. LARSON. Mr. Speaker, today I rise to then, the Library has constructed two more at the Library of Congress accessible to peo- honor one of our nation's most revered cul- buildings on Capitol Hill. The John Adams ple from across the country who are unable tural treasures: the Library of Congress. This Building opened in 1939, and the James Madi- to make the trip to Washington, D.C. ‘‘Amer- year marks the 200th year of the library's son Memorial Building was completed in ica’s library’’ has truly become the nation’s compilation of America's history and human 1981. The Madison is not only the Library’s library. knowledge. In this bicentennial year, I am hon- third major structure but also the nation’s Mr. THOMAS. Mr. Speaker, on April 24, ored to take a moment to extend my deep ap- official memorial to its fourth president, the 2000, the Library of Congress will celebrate its preciation to Dr. James H. Billington, the Li- ‘‘father’’ of the Constitution and Bill of bicentennial. With House Concurrent Resolu- Rights. While a member of the Continental brarian of Congress. I would be remiss, Mr. Congress in 1783, Madison was also the first tion 269, we commend the Library and its staff Speaker, if I didn't also commend Dr. person to sponsor the idea of a library for for two hundred years of service to the Con- Billington's fine staff, especially Geraldine M. Congress, and he was president when Jeffer- gress and to the American people, and en- Otremba, Pamela J. Russell, Ralph Eubanks, son’s personal library became the foundation courage all Americans to participate in the Li- Norma Baker, Peter Seligman, and Judy of the renewed Library of Congress. brary's bicentennial activities. Schneider, who serve the Library so well and Since 1987 I have served as the 13th Librar- On April 24, 1800, President John Adams have been so helpful during my tenure in Con- ian of Congress. The position has given me approved legislation appropriating funds for gress. It is through their creative and dedi- unique access to this vast treasure house, purchasing ``such books as may be necessary and I have found some items in the collec- cated efforts that our nation is reminded this tions that stand out for me personally. As a for use of the Congress.'' The first collection of year about the importance of libraries, and is student of Russian history and culture I am 740 books and 3 maps arrived in 1801 and encouraged to celebrate the uniqueness of intensely interested in the Prokudin-Gorskii was stored in the U.S. Capitol, the Library's their communities. Collection of Imperial Russia. Sergei first home. On January 26, 1802, President The Library's historic architecture may be Prokudin-Gorskii was one of the first Rus- Jefferson approved the first law which defined deceiving to some, but once inside its marble sians to experiment with color photography. the role and functions of this new institution, walls the building continues to stimulate and At the outset of the revolution in 1917, the creating the post of Librarian of Congress and inspire all who visit. It is that inspiration, that photographer escaped to Paris with 1,900 creating the Joint Committee on the Library to re-connection with American culture, which is glass-plate negatives, providing a remark- able look at Russia from 1909–1911. oversee the Library's activities. the focus behind one of the Library's key bi- Other items of personal interest include Since then, the Library's collections have centennial programs, the Local Legacy the Presidential Papers Collection, which grown to some 119 million items, making it the Project. features documents from 23 U.S. presidents, largest library in the world. The Library's col- The Local Legacy Project was created to beginning with the Founding Fathers and lections now consist of over 18 million books, give hometown libraries, cultural institutions,

VerDate 20-MAR-2000 04:25 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4634 Sfmt 9920 E:\CR\FM\A28MR7.018 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1441 and other groups, in concert with their United The question was taken. The SPEAKER pro tempore. The States Senator or United States Representa- Mr. EHLERS. Mr. Speaker, on that I Clerk will designate the motion. tive, an opportunity to document the unique demand the yeas and nays. The text of the motion is as follows: customs and cultures that make us Ameri- The yeas and nays were ordered. Mr. SHAW moves to concur in the Senate cans. I think of the Local Legacy Project as a The SPEAKER pro tempore. Pursu- amendment to H.R. 5. patchwork quilt of American communities; no ant to clause 8 of rule XX and the The text of the Senate amendment is two are exactly alike, but each is a true treas- Chair’s prior announcement, further as follows: ure. proceedings on this motion will be Senate amendment: I am very pleased that the First Congres- postponed. Page 2, line 1, strike out all after ‘‘SEC- sional District in Connecticut will be partici- f TION’’ over to and including line 3 on page 7 pating in the Library's Local Legacy Project and insert: with four projects of our own: The Legacy of GENERAL LEAVE 1. SHORT TITLE. Our Education will feature six historic and Mr. EHLERS. Mr. Speaker, I ask This Act may be cited as the ‘‘Senior Citizens’ influencial institutions: American School for the unanimous consent that all Members Freedom to Work Act of 2000’’. Deaf, Trinity College, University of Connecticut may have 5 legislative days within SEC. 2. ELIMINATION OF EARNINGS TEST FOR IN- DIVIDUALS WHO HAVE ATTAINED RE- School of Law, University of Hartford, Teach- which to revise and extend their re- TIREMENT AGE. ing Hospitals and St. Joseph's College; The marks and include extraneous material Section 203 of the Social Security Act (42 Legacy of Our Natural Resources includes the on H. Con. Res. 269. U.S.C. 403) is amended— Riverfront RecaptureÐConnecticut River and The SPEAKER pro tempore. Is there (1) in subsection (c)(1), by striking ‘‘the age of Elizabeth Park Rose Garden; The Legacy of objection to the request of the gen- seventy’’ and inserting ‘‘retirement age (as de- Our Proud Heritage includes the First Con- tleman from Michigan? fined in section 216(l))’’; gressional District Foot Guard, Old State There was no objection. (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ‘‘the age of seventy’’ each place House, Mark Twain House, Harriet Beecher f it appears and inserting ‘‘retirement age (as de- Stowe House, Noah Webster House, Oliver RECESS fined in section 216(l))’’; Ellsworth Homestead, Cheney Homestead, (3) in subsection (f)(1)(B), by striking ‘‘was Warehouse Point Fife and Drum Corps, and The SPEAKER pro tempore. Pursu- age seventy or over’’ and inserting ‘‘was at or the Eighth Connecticut Regiment Fife and ant to clause 12 of rule I, the Chair de- above retirement age (as defined in section Drum Corps; and The Legacy of the Creative clares the House in recess until ap- 216(l))’’; Spirit includes the following organizations: proximately 5 p.m. (4) in subsection (f)(3), by striking ‘‘age 70’’ Wadsworth Atheneum, Hartford Stage, Accordingly (at 4 o’clock and 14 min- and inserting ‘‘retirement age (as defined in sec- utes p.m.), the House stood in recess tion 216(l))’’; Bushnell Memorial Hospital, Hartford Sym- (5) in subsection (h)(1)(A), by striking ‘‘age phony, and Real Art Ways. until approximately 5 p.m. 70’’ each place it appears and inserting ‘‘retire- I am optimistic that our ``creative spirit'' will f ment age (as defined in section 216(l))’’; and not be limited to our Legacy projects alone. (6) in subsection (j)— b 1702 One of the Library's other bicentennial pro- (A) in the heading, by striking ‘‘Age Seventy’’ grams includes the exhibition of its unparal- AFTER RECESS and inserting ‘‘Retirement Age’’; and leled collection of Thomas Jefferson materials, (B) by striking ‘‘seventy years of age’’ and in- The recess having expired, the House serting ‘‘having attained retirement age (as de- documents, books, drawings, and prints. I am was called to order by the Speaker pro fined in section 216(l))’’. hopeful that a collection of his works may tempore (Mrs. BIGGERT) at 5 o’clock SEC. 3. NONAPPLICATION OF RULES FOR COM- make their way to Hartford, Connecticut, our and 2 minutes p.m. PUTATION OF EXEMPT AMOUNT FOR state's capital, to be displayed. f INDIVIDUALS WHO HAVE ATTAINED While much is taking place in communities RETIREMENT AGE. across America to preserve our culture, I am SENIOR CITIZENS’ FREEDOM TO (a) IN GENERAL.—Section 203(f)(8) of the So- pleased to have played a role in the preserva- WORK ACT OF 2000 cial Security Act (42 U.S.C. 403(f)(8)) is amended tion of our legislative culture here in the House by adding at the end the following new sub- Mr. SHAW. Madam Speaker, I ask paragraph: of Representatives. As a former high school unanimous consent that it be in order ‘‘(E) Notwithstanding subparagraph (D), no history teacher, I was heartened by the sup- at any time today to take from the deductions in benefits shall be made under sub- port I received from Dr. Billington and his staff Speaker’s table H.R. 5, with a Senate section (b) with respect to the earnings of any last year as I worked to obtain passage of my amendment thereto, and to consider in individual in any month beginning with the History of the House Awareness and Preser- the House a motion offered by the month in which the individual attains retire- vation Act. This bill authorizes the Library of Chairman of the Committee on Ways ment age (as defined in section 216(l)).’’. (b) CONFORMING AMENDMENT.—Section Congress to commission eminent historians to and Means, or his designee, that the assemble a written history of the House. Pres- 203(f)(9) of the Social Security Act (42 U.S.C. House concur in the Senate amend- 403(f)(9)) is amended by striking ‘‘and (8)(D),’’ ently, the Library is beginning the process by ment, that the Senate amendment and and inserting ‘‘(8)(D), and (8)(E),’’. gathering the names of eminent historians. the motion be considered as read; that SEC. 4. ADDITIONAL CONFORMING AMENDMENTS. The largest rare book collection in North the motion be debatable for 1 hour (a) ELIMINATION OF REDUNDANT REFERENCES American, the largest and most diverse collec- equally divided and controlled by the TO RETIREMENT AGE.—Section 203 of the Social tions of scientific and technical information in chairman and ranking member of the Security Act (42 U.S.C. 403) is amended— the world, and the most comprehensive collec- Committee on Ways and Means, or (1) in subsection (c), in the last sentence, by tion of American music in the world, are just striking ‘‘nor shall any deduction’’ and all that their designees; and that the previous a fraction of the unique documents housed in follows and inserting ‘‘nor shall any deduction question be considered as ordered on the Library. I addition, the Library receives be made under this subsection from any widow’s the motion to final adoption without 22,000 items each day. How could Thomas or widower’s insurance benefit if the widow, intervening motion. Jefferson ever imagine that his personal li- surviving divorced wife, widower, or surviving The SPEAKER pro tempore. Is there divorced husband involved became entitled to brary of 6,487 books would one day grow to objection to the request of the gen- such benefit prior to attaining age 60.’’; and be such a tremendous source of knowledge. tleman from Florida? (2) in subsection (f)(1), by striking clause (D) The Library of Congress: an institution that and inserting the following: ‘‘(D) for which such has touched the world, and an institution that There was no objection. Mr. SHAW. Madam Speaker, pursu- individual is entitled to widow’s or widower’s has touched history. Congratulations on your insurance benefits if such individual became so ant to the unanimous consent request bicentennial, and may you continue to make entitled prior to attaining age 60,’’. America proud. just agreed to, I call up the bill (H.R. 5) (b) CONFORMING AMENDMENT TO PROVISIONS Mr. EHLERS. Mr. Speaker, I yield to amend title II of the Social Security FOR DETERMINING AMOUNT OF INCREASE ON AC- back the balance of my time. Act to eliminate the earnings test for COUNT OF DELAYED RETIREMENT.—Section The SPEAKER pro tempore (Mr. individuals who have attained retire- 202(w)(2)(B)(ii) of the Social Security Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended by striking PETRI). The question is on the motion ment age. The Clerk read the title of the bill. ‘‘or suffered deductions under section 203(b) or offered by the gentleman from Michi- 203(c) in amounts equal to the amount of such gan (Mr. EHLERS) that the House sus- MOTION OFFERED BY MR. SHAW benefit’’ and inserting ‘‘or, if so entitled, did not pend the rules and agree to the concur- Mr. SHAW. Madam Speaker, I offer a receive benefits pursuant to a request by such rent resolution, H. Con. Res. 269. motion. individual that benefits not be paid’’.

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A28MR7.035 pfrm06 PsN: H28PT1 H1442 CONGRESSIONAL RECORD — HOUSE March 28, 2000 SEC. 5. EFFECTIVE DATE. troduced this legislation at the begin- ter support themselves and their families. The amendments made by this Act shall apply ning of this Congress. I also congratu- These hardworking seniors deserve to keep with respect to taxable years ending after De- late the gentleman from Texas (Chair- the benefits they have paid for, as this legisla- cember 31, 1999. man ARCHER) for his years of tireless tion provides. The SPEAKER pro tempore. Pursu- work in relaxing and now repealing the Madam Speaker, I reserve the bal- ant to the order of the House today, earnings penalty. He is a personal tes- ance of my time. the gentleman from Florida (Mr. SHAW) tament to what hard-working seniors Mr. RANGEL. Madam Speaker, I and the gentleman from New York (Mr. can do. In large part, passing this legis- yield myself such time as I may con- RANGEL) each will control 30 minutes. lation is a tribute to his tireless devo- sume. The Chair recognizes the gentleman tion to helping our Nation’s taxpayers, Madam Speaker, I would like to con- from Florida (Mr. SHAW). including the seniors who have spent gratulate the gentleman from Florida (Mr. SHAW asked and was given per- decades working to support their fami- (Mr. SHAW) and the gentleman from mission to revise and extend his re- lies, their businesses, and this great Texas (Mr. ARCHER), chairman of the marks.) country. Committee on Ways and Means, for the GENERAL LEAVE Madam Speaker, I urge all Members cooperation that they gave to us in the Mr. SHAW. Madam Speaker, I ask to support this outstanding legislation. minority in indicating that this would unanimous consent that all Members Our hard-working seniors deserve no be a priority piece of legislation. It may have 5 legislative days within less. I would also like to pay tribute to gave those of us on the Committee on which to revise and extend their re- the minority side and thank the gen- Ways and Means the opportunity to get marks and to include extraneous mate- tleman from New York (Mr. RANGEL) the support of our Members on this rial on H.R. 5. and the gentleman from California (Mr. side of the aisle and to demonstrate The SPEAKER pro tempore. Is there MATSUI) for making this really a land- how cooperation can have both sides of objection to the request of the gen- mark bipartisan bill and one that every the aisle working a lot more closely. tleman from Florida? Member of the House can be very proud We hope that this sign of cooperation There was no objection. to support. means that before this year ends, that Mr. SHAW. Madam Speaker, I yield Mr. Speaker, since there will be no House- we will have the opportunity to show myself such time as I may consume. Senate conference, and the Senate manager's that there are plenty of differences be- Madam Speaker, I strongly support amendment to H.R. 5 proceeded without a full tween our parties and how we achieve H.R. 5, legislation to repeal the earn- committee report being filed by the Finance the goals, and we do not challenge each ings penalty for hard-working seniors Committee, I believe a brief explanation is in other’s intent in terms of what is good age 65 and over. order of the differences between the legisla- for this country, but certainly there Madam Speaker, I am especially tion before us today and the version of H.R. should be a lot of things that we can pleased that the Senate acted quickly 5 that was approved by the House on March agree upon. I think it would be healthy and unanimously in support of this im- 1, 2000. and it would be the right political portant legislation. The technical First, some background is needed. Under thing for us as an institution to bring changes made in the Senate improve on current law there are two separate senior those things forward, Democrats and the legislation passed unanimously by earnings limits: a stricter limit that affects Republicans, to show the House, to this House, and I urge all Members to those who start drawing Social Security bene- show the other body, and indeed to once again support this excellent bill. fits before reaching the full retirement age show the President and the country Due to this quick work, seniors will (which is currently age 65) and a more lenient that we are a body that can work. soon receive all the benefits that they limit affecting seniors who have reached the This is a good piece of legislation. It are owed, even if they continue to work full retirement age. After reaching age 70, sen- is long overdue. The manner in which after reaching the age of 65. That is iors are no longer affected by an earnings it has received overwhelming support their choice. As the name of our legis- limit. The stricter earnings limit is $10,080 this is just indicative of what we can do lation suggests, they deserve the free- year, with a 50% benefit offset for earnings when we put our minds to it. dom to choose to work without losing above the limit. The more lenient limit is Madam Speaker, I ask unanimous Social Security benefits. $17,000, with a 33% benefit offset for earnings consent to yield the balance of my It is worth noting that many seniors above the limit. H.R. 5 repeals the earnings time to the distinguished gentleman now affected by the earnings limit will limit for seniors who reach the full retirement from California (Mr. MATSUI), ranking receive back payments from months age. member of the Subcommittee on Social this year that they have lost their So- The legislation before the House today is Security, and that he may control the cial Security benefits. That will be a slightly modified from the version that passed time. welcome relief for many, including unanimously on March 1 with respect to the The SPEAKER pro tempore. Is there some who have lost Social Security earnings limit for the first months of the cal- objection to the request of the gen- benefits for years due to this unfair endar year during which a senior reaches the tleman from New York? penalty. Seniors can save this money full retirement age. For seniors turning 65 in There was no objection. for their future, use it to help with 2000, the issue is what earnings limit will Mr. SHAW. Madam Speaker, I reserve their grandchildren’s college edu- apply for months prior to their 65th birthday the balance of my time. cation, or buy prescription drugs. (that is, while they are still 64)? Under the leg- Mr. MATSUI. Madam Speaker, I Again, it is their money and it should islation previously approved by the House, the yield myself such time as I may con- be their choice. more lenient limit would apply for such months sume. Madam Speaker, ending the earnings for seniors who turn 65 in 2000; for seniors Madam Speaker, first of all, I would penalty is the right thing to do. It is who reach the full retirement age in future like to just reiterate what the gen- also an affordable thing to do, as the years, the stricter limit would apply during tleman from New York (Mr. RANGEL), Social Security Administration’s inde- those months. Under the legislation we are ranking member on the Committee on pendent actuaries have told us. They considering today, the more lenient limit would Ways and Means, has said. First of all, agree this legislation will not affect apply for such months in all years. I want to commend the gentleman the soundness of the Social Security I am pleased that the House is supporting from Texas (Chairman ARCHER) for his program and its trust funds. this change today, which has the effect of bipartisan approach on this legislation. We still must address Social Secu- slightly broadening the relief from the earnings And, of course, the gentleman from rity’s long-term financial imbalance, penalty afforded by the version of H.R. 5 the New York (Mr. RANGEL) for his leader- but we were very careful to ensure this House has already passed. It is worth noting ship on the Democratic side. legislation does not make that task that this change will not affect Social Secu- I want to pay particular thanks and any more difficult than it already is. rity's long-run financial soundness, just as the commendation to the gentleman from I would like to congratulate the gen- underlying H.R. 5 would not affect program Florida (Mr. SHAW), the chairman of tleman from Texas (Mr. SAM JOHNSON), solvency. This change is certainly in keeping the Subcommittee on Social Security. our colleague, and the gentleman from with the spirit of H.R. 5, which is designed to I think he did a tremendous job on Minnesota (Mr. PETERSON) who first in- help seniors who want or have to work to bet- moving the bill from the subcommittee

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.014 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1443 to the full committee and the floor of reduction in their Social Security benefits if Madam Speaker, I reserve the bal- the House. they choose to work. No longer will seniors ance of my time. Obviously, Democrats and Repub- have to calculate just how many months and Mr. SHAW. Madam Speaker, I yield licans working together made sure that days each year they can work without hitting 21⁄2 minutes to the gentleman from the other body kept their amendments that earnings limits. Pennsylvania (Mr. ENGLISH), a re- to a minimum. We just appreciate the This is good for senior citizens who want to spected member of the Committee on cooperation and the bipartisan spirit, I work, good for our workforce which benefits Ways and Means. think, that both sides of the aisle have from the experience and knowledge of older Mr. ENGLISH. Madam Speaker, I had. But I do want to take that mo- workers, and of course good for the economy. would like to thank the gentleman ment to make that observation. Repealing the retirement earnings test will from Florida (Mr. SHAW), the chairman Madam Speaker, I would just like to allow thousands of Social Security recipients of the Subcommittee on Social Secu- very briefly reiterate some of the to work without a reduction in their benefits. rity, and the gentleman from Texas things that have been said before. The The Social Security Administration estimates (Mr. SAM JOHNSON), my distinguished Senate had two technical amendments that in 1999, 793,000 beneficiaries between colleague, for their extraordinary ef- to our legislation. Both were very tech- the ages of 65 and 69 had some or all of their forts as well as my colleagues on the nical in nature and actually improved benefits withheld because of the retirement other side of the aisle. the basic underlying legislation. earnings tests. Madam Speaker, right now the Social As a result of that, we think that By allowing beneficiaries to work without Security system places a higher tax this bill should have, as it had when it suffering a reduction in benefits, more older penalty on working seniors than on bil- left the House, unanimous approval. 422 workers may decide to remain in, or to return lionaires. We have been sending seniors Members voted for it and no Member to, the labor force. the message that when they hit retire- voted against it. Repealing the retirement earnings test will ment age, we do not want them any- This will go a long way in encour- not affect Social Security's finances over the more. The earnings limit that was cre- aging senior citizens who are so needed long run and would not change the date by ated 60 years ago is a relic of Depres- when the unemployment rate is under 5 which the Social Security Trust Funds are pro- sion era economics that says that sen- percent, to stay in the workforce. jected to be exhausted. Repealing the retire- iors should make room for younger These are people that undoubtedly ment earnings test for beneficiaries above the workers. But we all know, seniors add have years and years of experience and normal retirement age has a short-run cost, a wealth of knowledge to pass on to more to the workforce and more to the but over the long run, that cost is entirely off- their co-workers, and to ensure that economy than they could ever take set. they can stay in the workforce and gar- away. They add their years of experi- Further, repealing the retirement earnings ner the same wages without any pen- ence and their talents. test will make the Social Security program alty is something that the Congress is H.R. 5 repeals the earnings limit easier and less expensive to administer. The now about to do in sending this bill to which unfairly punishes seniors who Social Security Administration estimates that the President. earn more than $17,000 a year. That is Certainly, I think it is a major savings from the cost of administering the not a lot. This legislation has received achievement. Obviously, we have a earnings test could be as high as $100 million. virtually unanimous support in the long ways to go in terms of ultimately I am particularly pleased that the only modi- House and Senate, but more impor- the comprehensive Social Security re- fication to the bill that the Senate accepted tantly, a ground swell of support from form. And I think the gentleman from was a relatively minor one and one that im- our constituents. After all, a 65-year- Florida and myself and others such as proves the bill. The amendment adopted by old who works as a barber or a cashier the gentleman from Texas (Mr. STEN- the Senate changes the way in which the bill currently loses $500 in benefits just be- HOLM) that have been working on com- applies to Social Security beneficiaries during cause they have earned $18,500 a year. prehensive reform know that that is a the year in which they reach the normal retire- That is absurd. This arbitrary limit task that looms before us. This action, ment age and ensures that no one will be serves as a barrier to many low- and in and of itself, should not deter us worse off under this bill than under current middle-income seniors who need to from trying to grapple with that very law. I am certain that no Member of the House work in order to improve their quality difficult and complex subject. And we will have an objection to this change and I of life or even to make ends meet. know that there is partisan undertones look forward to sending this bill quickly to the The Social Security Administration to it. We also know that it is very dif- President for his signature. reports that more than 800,000 working ficult to deal with. But we are going to I'd like to point out that not a single Member seniors between the ages of 65 and 69 have to address that particular issue. of Congress has voted against this bill, a clear lose part or all of their Social Security So, again, I urge my colleagues to testament to the bipartisan support it has re- benefits due to this outdated earnings vote in favor of this conference report ceived. When the bill was first considered by limit. the House, it passed 422±0. so we can send it immediately to the b 1715 President. And, again, I want to com- When the bill was considered by the Sen- mend all individual Members who have ate, it passed 100±0. I expect the outcome of My own State of Pennsylvania ranks worked on this legislation, including, I our vote today to be the same. sixth with the number of seniors ad- might add, I saw him come in, the gen- Additionally, our support for H.R. 5 sends a versely affected by that earnings limit. tleman from Texas (Mr. SAM JOHNSON), clear signal that by working together, Demo- It is important that Congress protect a member of the Committee on Ways crats and Republicans, we can accomplish the dignity of retirement. The time has and Means, and, of course, the gen- much more than we could by working at odds. come for us to unshackle the creative tleman from Minnesota (Mr. PETERSON) Over the past several weeks, as this bill energies of America’s seniors. on the Democratic side who were the moved through the Ways and Means Com- Today, by supporting this legislation, original two cosponsors of this legisla- mittee, the House floor, and the Senate, Mem- Congress says to seniors, you may tion. bers have set aside their differences so that choose to work, choose to remain part Madam Speaker, I want to congratulate my this bill could proceed and we could achieve of the productive economy, and choose colleagues for all their hard work on this bill. a victory for seniors who need to work without to share your talents, and we will not I am very pleased to be here today to see this penalty. I am proud of our accomplishment. punish you. bill through another step toward becoming law. I am extremely pleased that the Congress Mr. MATSUI. Madam Speaker, I Our vote today signals the end of the Social has addressed the earnings test in a bipar- yield 3 minutes to the distinguished Security retirement earnings test for people tisan manner, and I remain hopeful that the gentleman from Maryland (Mr. who have reached the normal retirement age. Congress might address other much-needed CARDIN), a member of the Committee This is a remarkable event because as the Social Security legislation in the same fashion on Ways and Means. title of the bill indicates, we are freeing our to deal with the shortfall that the system will Mr. CARDIN. Madam Speaker, let me seniors from the work limits imposed by cur- face in the coming decades. thank the gentleman from California rent law. Again, I want to thank my colleagues again (Mr. MATSUI) for yielding me this time No longer will the most experienced mem- for all their hard work. This is truly an historic and for his work on bringing this legis- bers of our labor force have to experience a day and a big victory for our senior citizens. lation forward and the gentleman from

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.072 pfrm06 PsN: H28PT1 H1444 CONGRESSIONAL RECORD — HOUSE March 28, 2000 Florida (Mr. SHAW), the chairman of Today, 800,000 seniors are one step abilities, give workers greater control the Subcommittee on Social Security. closer to gaining their freedom to of their retirement income, improve This is a very important piece of leg- work. It sounds unbelievable, does it the safety net, and reward work. islation. It will be enacted, I think, not? To think that, since 1935, when But we, both the President and Con- very shortly once we complete our ac- Social Security was first proposed, we gress, have ignored our opportunity to tion and it is forwarded to the Presi- have been penalizing our seniors for deal with the long-term challenges fac- dent. It will affect 800,000 seniors who working. That is right. Since the incep- ing Social Security. have had their Social Security checks tion of the Social Security system, our Later this week, the Social Security reduced just because they decided to seniors have lost $1 in benefits for trustees will issue their annual report continue to work. That makes no sense every $3 they earn over a set amount. which will show that the short-term at all. Currently, as was stated, seniors may outlook for Social Security has im- We need more workers in the work- only earn $17,000 before losing their proved slightly. We cannot afford to let force, not less. In today’s economy and benefits. this good news distract us from the with the shrinking workforce that we But today, thanks to the hard work problems that remain. While the short- have of more people retiring and less and dedication of the gentleman from term outlook for the Social Security people working, it makes common eco- Texas (Chairman ARCHER); Speaker Trust Fund may be improved, the long- nomic sense to allow those 65 years of HASTERT; the gentleman from Florida term problems and the pressures facing age who want to work to be able to (Mr. SHAW), the chairman of the Sub- the rest of the budget may actually be work. committee on Social Security, we find worse. Without this legislation, the mar- ourselves ready to pass the Senior Citi- When the Senate considered this leg- ginal tax rate is 33 percent. That is un- islation, Senator JUDD GREGG proposed acceptable. That is why we are chang- zens’ Freedom To Work Act, a bill I in- an amendment which would have made ing it. It is interesting that this par- troduced last year. a modest step in advancing the discus- ticular legislation will have no impact I know that 64,500 seniors in Texas on the long-term solvency of the Social alone, including Tony Santos and his sion about the challenges facing Social Security system, for it is a plus in hav- family, whom I spoke of earlier, are Security among policy makers and the ing people work and contributing to going to celebrate their new-found public. The Gregg amendment would the system. freedom to work. have required the commissioner of So- It also benefits women more than I fought in both Korea and Vietnam cial Security to provide the public and men, because women’s work history is for freedom, and I believe that includes policy makers with easily understood not as strong, generally, as men. This the freedom for our seniors to work and readily available information will allow women to be able to con- without being penalized by the Federal about the financial challenges facing tinue to work without being penalized Government. Social Security. The purpose of the under the Social Security system. Our seniors are dedicated, experi- amendment was simply to encourage a Madam Speaker, this legislation be- enced workers who have endured this more honest discussion of the chal- comes effective January 1. It is retro- Depression-era law for far too long. We lenges facing Social Security. active to the current year, as it should are in a new century, 60 years past the Unfortunately, the Senate did not be, so that individuals in this current Great Depression, where laws passed in have time to discuss these issues when year will be able to get their full Social 1935 are no longer relevant. it considered the earnings bill. How- Security benefits without the reduc- This Nation was built by generations ever, the Senate Finance Committee tion for their work. of Americans who believed in the free chairman did indicate his willingness As the gentleman from Florida (Mr. enterprise system. In the words of to work with Senator GREGG on this SHAW), Chair of the Subcommittee on Thomas Edison, ‘‘There is no sub- issue later this year. Social Security, pointed out, we are stitute for hard work.’’ This legislation I would respectfully encourage the able to do this even though we cannot will make sure that our seniors have gentleman from Texas (Mr. ARCHER), bring forward at this point comprehen- the freedom to work, save, and invest chairman of the Committee on Ways sive Social Security reform. I think we in a better America for tomorrow. and Means, and the gentleman from would all like to do that. We know that Mr. MATSUI. Madam Speaker, I Florida (Mr. SHAW), chairman of the we need to deal with the Social Secu- yield 3 minutes to the gentleman from Subcommittee on Social Security, to rity system in a broader context, but Texas (Mr. STENHOLM), the distin- conduct hearings on these rec- we have an agreement on this very im- guished ranking Democrat on the Com- ommendations so that they may re- portant piece of legislation, so we are mittee on Agriculture, who has been ceive the attention they deserve. bringing that forward. We are doing it really one of the leaders in the whole More importantly, I encourage all of in a bipartisan way. Social Security reform issue. my colleagues to remember that we Madam Speaker, as the gentleman Mr. STENHOLM. Madam Speaker, I still have serious financial problems from New York (Mr. RANGEL), the thank the gentleman from California facing Social Security that must be ad- ranking member of the Committee on for yielding me this time, and I appre- dressed. So while all Members should Ways and Means, said, we should use ciate the leadership of him and the vote for the earnings limit repeal today this as a model to work together, gentleman from Florida (Mr. SHAW) on for the reasons we have so eloquently Democrats and Republicans, to bring this effort and other efforts regarding heard made already, we should not for- other legislation forward. Social Security. I think about the need for seniors for get that we still have much hard work I strongly support repeal of the So- prescription drugs. We may not be able to do in making sure that Social Secu- cial Security earnings limit. In fact, to agree on Medicare reform; but we rity remains financially sound for our can agree, I would hope, on prescrip- repeal of the Social Security earnings children and for our grandchildren. tion drugs. limit has been part of the comprehen- Mr. SHAW. Madam Speaker, I yield Let us in a bipartisan way bring that sive Social Security legislation that 21⁄2 minutes to the gentleman from Ari- forward, which will also help our sen- the gentleman from Arizona (Mr. zona (Mr. HAYWORTH), a respected iors. KOLBE) and I introduced in the last two member of the Committee on Ways and This is a good day for seniors. It is a Congresses. Means. good day for our Nation. I congratulate However, I do want to take this time Mr. HAYWORTH. Madam Speaker, I all involved. to reiterate my disappointment that thank the gentleman from Florida, the Mr. SHAW. Madam Speaker, I yield we are considering legislation to in- chairman of the Subcommittee on So- 21⁄2 minutes to the gentleman from crease Social Security benefits without cial Security from our Committee on Texas (Mr. SAM JOHNSON), a member of even discussing the long-term financial Ways and Means, for yielding me this the Committee on Ways and Means and challenges facing Social Security. We time. one of the original sponsors of H.R. 5. should have spent the last year work- Madam Speaker, I appreciate the Mr. SAM JOHNSON of Texas. Madam ing on a comprehensive plan to gentleman from Texas (Mr. SAM JOHN- Speaker, I thank all on both sides of strengthen Social Security that would SON) lamenting a long-term solution to the aisle for their support. restore solvency, reduce unfunded li- the Social Security challenges that we

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.074 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1445 face. But I think a word is in order to revenues because there is a pick up of working seniors over the age of 65 and put this debate and this challenge in revenues in terms of the credit that is gives them the highest effective tax context. One of the elemental lessons given. rate of their entire lives at a time we learn in civics class is that the So the reason we did it is quite sim- when senior citizens should be realizing President proposes; the Congress dis- ple, we have a surplus. We did not have lower taxes. It discourages them from poses. a surplus before. working. And why in the world would Sadly, executive leadership has been Mr. KLECZKA. Madam Speaker, will we want to discourage any American, lacking and, indeed, missing when it the gentleman yield? whether they are 16 or 67, from work- comes to a serious, long-term solution Mr. MATSUI. I yield to the gen- ing? of Social Security challenges we face. tleman from Wisconsin. Clearly, repealing this penalty is the Now it is true the gentleman from Mr. KLECZKA. Madam Speaker, the right thing to do. More seniors are Texas (Mr. SAM JOHNSON), along with only reason I rise is to ask if the gen- choosing to work today past their re- the gentleman from Arizona, have one tleman from California (Mr. MATSUI) tirement for many reasons: for their remedy that they have proposed. The would respond to a question. own financial needs, to help their fami- gentleman from Florida (Mr. SHAW), Mr. MATSUI. Yes, Madam Speaker. lies or their grandchildren through the chairman of the subcommittee, and Mr. KLECZKA. Madam Speaker, the school, or for their own personal fulfill- the gentleman from Texas (Mr. AR- gentleman from Arizona (Mr. ment. The point is Americans are liv- CHER), the chairman of the full com- HAYWORTH), the previous speaker, indi- ing longer now and older Americans mittee, likewise, have a long-term so- cated that there was no initiative com- can and do make a great contribution lution. ing from this administration on this to our society. They should not be pun- But, again, the missing ingredient, proposal. I believe the gentleman from ished. In addition, repealing the earnings sadly, is effective leadership from the California served during the Bush ad- penalty will now unleash the produc- administration; and it looks like it will ministration and Reagan administra- tivity of one of the most experienced take a verdict of the people on the first tion. Does he recall similar legislation and talented workforces in this coun- Tuesday following the first Monday in coming down from either President Reagan or President Bush asking Con- try at a time when our growing econ- November to make that change. omy needs it and will need even more However, Madam Speaker, it is well gress to repeal the earnings limit? Mr. MATSUI. Madam Speaker, I of it in the new century. This is clearly worth asking the question, what took a win-win for everyone, which is why us so long to correct the injustice that think President Reagan did, but I do not know if President Bush did. I am the bill today enjoys widespread bipar- at long last this House will correct to- tisan support. night? Since the mid-1930s, since the not quite sure. Mr. KLECZKA. Okay, Madam Speak- In summary, repealing the earnings advent of the Social Security program, penalty is based on the fundamental those seniors who chose to work past er. Mr. MATSUI. Madam Speaker, I re- principles of fairness and freedom. Sen- retirement age have been penalized to iors can now be free to work without the tune of $1 out of every $3 of bene- serve the balance of my time. Mr. SHAW. Madam Speaker, I yield penalty and be treated fairly by a pro- fits earned, simply because they chose myself such time as I may consume. gram that they paid into their entire to work. Madam Speaker, I think the old lives. Now, with a labor shortage, with so adage comes to mind of never ask a The victory today goes to the hun- many senior Americans, healthy, will- question that you do not know the an- dreds of thousands of older Americans ing and able to work, at long last, this swer to. who do not see retirement as an end House has moved to correct this in- Madam Speaker, I yield such time as but as a new beginning. equity. Mr. SHAW. Madam Speaker, may I he may consume to the gentleman Again, Madam Speaker, I welcome inquire as to how much time remains from Texas (Mr. ARCHER), the chair- my colleagues on the left who join with on either side? man of the Committee on Ways and us at long last in this bipartisan effort. The SPEAKER pro tempore (Mrs. Means. BIGGERT). The gentleman from Florida But, again, Madam Speaker, the ques- Mr. ARCHER. Madam Speaker, I (Mr. SHAW) has 171⁄2 minutes remaining, tion that so many Americans will con- thank the gentleman from Florida for tinue to ask is, why did it take so long? and the gentleman from California (Mr. yielding me this time. MATSUI) has 19 minutes remaining. Even as we deal with the responsible Madam Speaker, today is a great day question of a long-term remedy for So- Mr. SHAW. Madam Speaker, I yield for hundreds of thousands of working 21⁄2 minutes to the gentlewoman from cial Security, the question remains, seniors across this country. It is also a why did it take the denizens of the left Washington (Ms. DUNN), a member of special day for me personally, because the Committee on Ways and Means. so long to join with us? it is a culmination of my 27-year effort Even as we extend the hand of bipar- Ms. DUNN. Madam Speaker, I thank to repeal the earnings limit. the gentleman for yielding me this tisanship, we welcome now this new- In fact, I introduced a bill to do so in time, and I rise today in enthusiastic found coalition. We hope that it will 1973, and we have taken out of the ar- support for H.R. 5, the Senior Citizens’ result in other moves to restore tax chives a copy of that bill, H.R. 10148. Freedom to Work Act. fairness and balance for all Americans. The reason to repeal the earnings pen- It is really a joy to be on the floor But this important step we take, and alty then was the same as it is today, and be debating this bill in concert we welcome the newcomers to this en- it is simply wrong. with the minority. It is a great feeling deavor with the hand of bipartisanship. Twenty-seven years is a long time to that we all believe this is something Mr. MATSUI. Madam Speaker, I wait for me. But I am more thrilled that needs to be changed for the fair- yield myself such time as I may con- that working seniors will not have to ness of our Nation’s valued seniors. sume. wait any longer to be free from this The Social Security earnings penalty Madam Speaker, one of the issues I punishing tax. is yet another aspect of the Social Se- think that the gentleman from Arizona I also want to thank the gentleman curity System that just no longer ap- (Mr. HAYWORTH) raised of why are we from Texas (Mr. SAM JOHNSON) and the plies to today’s society. It is a 60-year doing this now, if we would have done gentleman from Florida (Mr. SHAW), old system. It was written in the 1930s, it 3 or 4 years ago, we would have had chairman of the subcommittee on So- and it just does not work any longer, either taken it out of Defense or per- cial Security, for their tireless efforts and that is why we unite today in haps other domestic programs or else on this bill. wanting to change this provision. increased the deficit. We have a surplus The Social Security earnings limit is Seniors are living longer, healthier now. As a result of that, we were able not only wrong, it is unfair, and it is lives and we need their strength and to do it without cutting other pro- backwards. their experience in our communities. grams, including the Defense budget. We need their examples and their insti- In addition, I would just add that, b 1730 tutional memories to provide the ex- over the length of the Social Security The earnings penalty actually cuts ample to young new workers who are program itself, we will not see any lost Social Security benefits from many moving into the job market.

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.077 pfrm06 PsN: H28PT1 H1446 CONGRESSIONAL RECORD — HOUSE March 28, 2000 In my State, Washington State, some year may take full advantage of this hired and they begin working, they are of our very best workers right now are bill’s benefits. going to lose their Social Security. sitting in rocking chairs because they Accordingly, Madam Speaker, I urge I am sure my colleagues can recall cannot afford the loss of their Social my colleagues to join in supporting conversations they have had with their Security income that would come with this worthy legislation. neighbors or constituents where that their continuing in their jobs. Thirteen Mr. SHAW. Madam Speaker, I yield has been a statement that they have thousand seniors in my State are being 21⁄2 minutes to the gentleman from heard. In my home State of Illinois, forced to choose between the jobs that Michigan (Mr. CAMP), a member of the 58,000 senior citizens between the ages they love or need and losing the retire- Committee on Ways and Means. of 65 and 70 are currently punished be- ment income for which they have Mr. CAMP. Madam Speaker, I thank cause they are working. They are los- worked all their lives. This is not only the gentleman for yielding me this ing almost one-third of their Social Se- wrong, as our chairman said, but it time, and I rise in strong support of curity benefits if they make more than keeps an intelligent and productive H.R. 5. $17,000 a year. Essentially, they are part of the work force at home. I am proud that today we are moving being taxed at Donald Trump’s rates. Seniors who are currently retired forward in eliminating the Social Secu- That is not right. That is not fair. have been called the greatest genera- rity earnings limit. Today, one of the Senior citizens today are working tion for the sacrifices they made in de- biggest problems facing our country is longer; they are living longer; and they fending freedom and building America not lack of jobs but lack of workers. want to be active longer, but our Tax into the world’s only remaining eco- This is in direct contrast to the 1930s, Code punishes them. That is just nomic and military superpower. It is when the earnings limit was enacted wrong. It is an issue of fairness. Just time that we honor their contributions and imposed a tax on working seniors. like elimination of the marriage tax to America by allowing them to con- H.R. 5 is important to seniors in the penalty, where 25 million married cou- tinue to give one of the most precious State of Michigan, where nearly 653,000 ples pay higher taxes just because they gifts of all to us: Their work ethic. adults age 65 and older depend on So- are married. This is a case where, if a Madam Speaker, I urge my col- cial Security to make up half their senior citizen wishes to continue work- leagues to support this very important total income. At least one in 11 seniors ing, they must pay higher taxes and bill. in my State are still working. These lose their Social Security benefits. Mr. SHAW. Madam Speaker, I yield 2 seniors have earned their Social Secu- My colleagues, this legislation passed minutes to the gentleman from New rity benefits through a lifetime of con- the House with a unanimous vote, it passed the Senate with a unanimous York (Mr. GILMAN), the chairman of tributions, and the government does the Committee on International Rela- not have the right to impose a 33 per- vote. Let us send this legislation with tions. cent tax on them. this little modification to the Presi- (Mr. GILMAN asked and was given The earnings limit is unfair and dis- dent. I am pleased the President is permission to revise and extend his re- criminates against working seniors. No going to sign this legislation. It is nice marks.) retiree should be penalized for choosing to see a bipartisan effort work around Mr. GILMAN. Madam Speaker, I to work. Our proposal would eliminate here. My colleagues, it is all about fair- thank the gentleman for yielding me this tax penalty on earnings and would ness. Let us vote today to eliminate this time, and I rise today to strongly allow seniors to collect their full So- the Social Security earnings limit. support the Senate amendments for cial Security benefits if they choose to Please vote ‘‘aye.’’ H.R. 5, the Senior Citizens’ Freedom to work. After all, it is their money. Mr. SHAW. Madam Speaker, I yield Work Act. I am pleased that my colleagues on 11⁄2 minutes to the gentleman from This modified bill removes earnings both sides of the aisle are supporting Louisiana (Mr. MCCRERY), an esteemed limits for working seniors who receive this legislation. It is time to stop pe- member of the Committee on Ways and Social Security. For too many years nalizing our seniors with such an un- Means. seniors aged 65 to 69, who chose to con- just tax, and I urge my colleagues to (Mr. MCCRERY asked and was given tinue to work, had their Social Secu- vote ‘‘yes’’ on H.R. 5. permission to revise and extend his re- rity benefits deducted by $1 for every $3 Mr. SHAW. Madam Speaker, I yield marks.) 1 earned when their total earnings ex- 2 ⁄2 minutes to the gentleman from Illi- Mr. MCCRERY. Madam Speaker, I ceeded $12,500 annually. nois (Mr. WELLER), a respected member thank the chairman of the Sub- The 104th Congress, with my support, of the Committee on Ways and Means. committee on Social Security for made a needed change, raising the (Mr. WELLER asked and was given yielding me this time. earnings limit to $30,000 by the year permission to revise and extend his re- As I was listening to speakers here 2002. This year’s earnings limit went up marks.) on the floor extol the virtues of this to $17,000. I have long believed that Mr. WELLER. Madam Speaker, what legislation, I was reminded of what I more needed to be done on this issue. a great day. We have legislation before think is an old Chinese proverb that I Ever since coming to Washington in us that is all about fairness and it is am going to paraphrase, that victory our 93rd Congress, I have introduced legislation, I believe, that will pass has many fathers, defeat is an orphan. legislation to either raise the earnings with overwhelming bipartisan support. We are all claiming credit for this bill, limit or eliminate it all together. In Illinois there are 800,000 senior which is good for us all to claim credit The Social Security earnings limit citizens between the ages of 65 and 70 for something that the Congress is only serves to discourage seniors from who, because of their circumstances, doing and makes sense. It is just com- working and diminishes their potential either want to continue working or mon sense not to penalize seniors who impact on society. It is a conde- need to work because their savings and make work. scending regulation. It conveys a mes- retirement plans did not work out But the gentleman from Texas (Mr. sage that seniors have nothing to con- quite the way that they had wanted. ARCHER) is not the only one who took tribute and are better off not serving in But these seniors suffer what is called this as a personal project. When I first the workforce. And, of course, that is the Social Security earnings penalty came to Congress in the spring of 1988 not true. limit. Essentially, their Social Secu- as a Member of the 100th Congress, I It is gratifying the President has rity benefits are taxed away if they was adopted by my colleagues who voiced his support for eliminating the continue working. That is just wrong. were elected in the regular election earnings limit. I commend the Com- This has gone on for far too long. In which constituted the 100th Congress. mittee on Ways and Means for their at- fact, this was put into place back in And in one of our early meetings as a tention to this issue; and, likewise, the the 1930s to discourage senior citizens class, the gentleman from Illinois (Mr. Senate should be commended for their from working. We are fortunate today HASTERT), who was a member of our rapid attention in bringing the meas- to have a pretty good economy. But class, came up with the idea for a class ure to the floor, making their legisla- many times employers who are looking project. And our class project was to tion retroactive to December 31, 1999, for workers are told by senior citizens introduce legislation and fight to re- so that those seniors who turn 65 this who would like to work that if they are peal the earnings limit for seniors, for

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.079 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1447 Social Security recipients. So we took to the President, who strongly supports Again, I want to thank the gen- that upon ourselves to do, and we in- this legislation. tleman from California (Mr. MATSUI), troduced legislation. Again, I want to commend my col- the ranking member on the Democratic So I rise today to give the gentleman leagues on both sides of the aisle for a side, and the gentleman from New from Illinois (Mr. HASTERT) and the job well done and for the bipartisan co- York (Mr. RANGEL). class of the 100th Congress our due operation I think that we saw on both Of course, again, I want to com- credit for pushing this issue for the sides of the aisle. That is why we were pliment the gentleman from Texas (Mr. last 12 years and, finally today, we gain able to get 422 votes when the bill left ARCHER), who has steadfastly stood for victory here on the House floor. the House. I am sure the vote will be elimination of the earnings penalty for But surely every member of the Com- unanimous here. many, many years now, as he dem- mittee on Ways and Means who saw the So, again, I urge a yes vote. onstrated on the House floor earlier. benefit of finally doing away with this Madam Speaker, I yield back the bal- Madam Speaker, I yield back the bal- antiquated law deserves credit; and I ance of my time. ance of my time. Mr. SHAW. Madam Speaker, I yield do not mind at all Democrats, Repub- The SPEAKER pro tempore (Mrs. myself such time as I may consume. licans, everybody in the House coming IGGERT Madam Speaker, when I was in my B ). Pursuant to the order of the to the floor and taking credit for doing district this last weekend, an older House of today, the previous question this. lady was working where we were eat- is ordered. It is certainly a happy day for seniors ing, and she was waiting on tables. I The question is on the motion offered in this country, and I think a happy had helped her some years ago with a by the gentleman from Florida (Mr. day for the Congress to finally do matter concerning her son, who is very SHAW) to concur in the Senate amend- something that makes a lot of good badly retarded on an SSI matter. ment to H.R. 5. old-fashioned common sense to all of us I mentioned it to her, and I asked her The question was taken; and the in this country but particularly our her age. Her age is a little above 65 but Speaker pro tempore announced that seniors, our Social Security recipients. below 70. She is working waiting on ta- the ayes appeared to have it. I thank the Chair for yielding and en- bles, very hard work for someone that Mr. SHAW. Madam Speaker, on that courage him to keep up the good work. age, on her feet all day long, never I demand the yeas and nays. Mr. MATSUI. Madam Speaker, I complains. And yet we are taxing her The yeas and nays were ordered. yield 2 minutes to the distinguished at such an unconscionable rate. I told The SPEAKER pro tempore. Pursu- gentleman from Georgia (Mr. BISHOP). her that we were going to be passing ant to clause 8 of rule XX and the Mr. BISHOP. Madam Speaker, I this and that she would not only no Chair’s prior announcement, further thank the gentleman for yielding me longer be penalized but that she was proceedings on this motion will be this time. going to receive back the penalties postponed. Madam Speaker, I feel it is a blessing that she has incurred from the first of f that many people today are able to this year. continue working and leading produc- I do not know whether she really be- RECESS tive lives when they reach their golden lieved me or not, but I am going to be The SPEAKER pro tempore. Pursu- years. That is why I urge my col- very pleased to go home and tell her ant to clause 12 of rule I, the Chair de- leagues to support the Senate amend- that indeed we did. And then I will go clares the House in recess until ap- ments to this bill. home again and tell her indeed that the proximately 6 p.m. Productivity helps give meaning to President joined with this Congress Accordingly (at 5 o’clock and 51 min- life. For many it helps prolong life. and signed this great piece of legisla- utes p.m.), the House stood in recess b 1745 tion. until approximately 6 p.m. This is a first step, only a first step, We should honor our seniors, not towards Social Security reform, but it f deny them what is rightfully theirs. is one that is purely one of fairness. It b 1802 The earnings penalty is a disincentive is so unfair for us to have continued to to work. In today’s world, many sen- penalize older workers just simply be- AFTER RECESS iors need the extra income, particu- cause they were between the age of 65 larly when burdened with the high cost The recess having expired, the House and 70, saying that they could not keep was called to order by the Speaker pro of prescription drugs and other essen- their entire benefit. So many of them tial needs. With so many seniors need- tempore (Mrs. BIGGERT) at 6 o’clock had to work. Whether they were wait- and 2 minutes p.m. ing every single penny, Madam Speak- ing on tables, whether they were work- er, we must help them in any way we ing in construction, no matter what f can. they were doing, these wonderful peo- It is about time that we reach out ANNOUNCEMENT BY THE SPEAKER ple were working, many because they PRO TEMPORE and help our mothers, our fathers, and just wanted to work and many because, all those who have helped to shape this as the case of Mary, she had to work. The SPEAKER pro tempore. Pursu- Nation. Currently, the amount of in- This is very important that we stay ant to clause 8 of rule XX, the Chair come withheld from Georgia bene- together on this legislation. And I also will now put the question on the mo- ficiaries exceeds $91.2 million yearly want to compliment the other body. tion to concur in the Senate amend- and more than $4.2 billion is withheld That is something we do not hear very ment to H.R. 5 and on each motion to nationally. This measure will not only often in this House is compliments for suspend the rules on which further pro- put money in the pockets of nearly the other body, but they kept this leg- ceedings were postponed earlier today 17,000 Georgians but more than 700,000 islation clean. in the following order: seniors nationwide. The President asked for it to be H.R. 2412, by the yeas and nays; Let us send this bill to the President clean. We asked for it to be clean, and House Concurrent Resolution 292, by and eliminate this burdensome earn- they obliged us and they passed a clean the yeas and nays; ings penalty. bill. So I think this is really a land- House Concurrent Resolution 269, by Mr. SHAW. Madam Speaker, I reserve mark day for this House. We are com- the yeas and nays; the balance of my time. ing together in complete cooperation Concurring in Senate amendment to Mr. MATSUI. Madam Speaker, I with the Democrats in the White House H.R. 5, by the yeas and nays. yield myself such time as I may con- and with the Republicans controlling The Chair may reduce to 5 minutes sume. the legislative branch. the time for any electronic vote after Madam Speaker, I would again just It is a wonderful day, and I would the first such vote in this series. The urge my colleagues to vote for the con- urge all Members to vote yes and make Chair intends to conduct this series of ference report. Only two changes were this again a unanimous statement by four votes as one 15-minute vote fol- made that were technical in nature. this House of Representatives showing lowed by two 5-minute votes followed Obviously, we want to move this bill on our commitment to American seniors. in turn by another 15-minute vote.

VerDate 20-MAR-2000 04:28 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.082 pfrm06 PsN: H28PT1 H1448 CONGRESSIONAL RECORD — HOUSE March 28, 2000 E. ROSS ADAIR FEDERAL BUILD- Lewis (GA) Pease Smith (TX) CONGRATULATING THE PEOPLE Lewis (KY) Pelosi Smith (WA) ING AND UNITED STATES Linder Peterson (MN) Snyder OF TAIWAN FOR SUCCESSFUL COURTHOUSE Lipinski Peterson (PA) Souder CONCLUSION OF PRESIDENTIAL The SPEAKER pro tempore. The LoBiondo Petri Spence ELECTIONS AND REAFFIRMING Lofgren Phelps Spratt UNITED STATES POLICY TO- pending business is the question of sus- Lowey Pickering Stabenow pending the rules and passing the bill, Lucas (KY) Pickett Stark WARD TAIWAN AND THE PEO- H.R. 2412. Lucas (OK) Pitts Stearns PLE’S REPUBLIC OF CHINA Luther Pombo Stenholm The Clerk read the title of the bill. Maloney (CT) Pomeroy Strickland The SPEAKER pro tempore. The The SPEAKER pro tempore. The Maloney (NY) Porter Stump pending business is the question of sus- question is on the motion offered by Manzullo Portman Stupak pending the rules and agreeing to the Markey Price (NC) Sununu the gentleman from Ohio (Mr. Martinez Pryce (OH) Sweeney concurrent resolution, House Concur- LATOURETTE) that the House suspend Mascara Radanovich Talent rent Resolution 292, as amended. the rules and pass the bill, H.R. 2412, on Matsui Rahall Tancredo The Clerk read the title of the con- which the yeas and nays are ordered. McCarthy (MO) Ramstad Tanner McCarthy (NY) Rangel Tauscher current resolution. The vote was taken by electronic de- McCollum Regula Tauzin The SPEAKER pro tempore. The vice, and there were—yeas 417, nays 0, McCrery Reyes Taylor (MS) question is on the motion offered by not voting 17, as follows: McDermott Reynolds Terry McGovern Riley Thomas the gentleman from New York (Mr. [Roll No. 76] McHugh Rivers Thompson (CA) GILMAN) that the House suspend the YEAS—417 McInnis Rodriguez Thompson (MS) rules and agree to the concurrent reso- McIntyre Roemer Thornberry lution, House Concurrent Resolution Abercrombie Condit Green (WI) McKeon Rogan Thune Ackerman Conyers Greenwood McKinney Rogers Thurman 292, as amended, on which the yeas and Aderholt Cook Gutierrez McNulty Rohrabacher Tiahrt nays are ordered. Allen Cooksey Gutknecht Meehan Ros-Lehtinen Tierney This is a 5-minute vote. Andrews Costello Hall (OH) Meek (FL) Rothman Toomey Archer Cox Hall (TX) Menendez Roukema Towns The vote was taken by electronic de- Armey Coyne Hansen Mica Roybal-Allard Traficant vice, and there were—yeas 418, nays 1, Baca Cramer Hastings (FL) Millender- Royce Turner not voting 15, as follows: Bachus Crowley Hastings (WA) McDonald Rush Udall (CO) Baird Cubin Hayes Miller (FL) Ryan (WI) Udall (NM) [Roll No. 77] Baker Cummings Hayworth Miller, Gary Ryun (KS) Upton YEAS—418 Baldacci Cunningham Hefley Minge Sabo Velazquez Baldwin Danner Herger Mink Sanchez Vento Abercrombie Carson Fletcher Ballenger Davis (FL) Hill (IN) Moakley Sanders Visclosky Ackerman Castle Foley Barcia Davis (IL) Hill (MT) Moore Sandlin Vitter Aderholt Chabot Forbes Barr Davis (VA) Hilleary Moran (KS) Sanford Walden Allen Chambliss Ford Barrett (NE) DeFazio Hilliard Moran (VA) Sawyer Walsh Andrews Chenoweth-Hage Fossella Barrett (WI) DeGette Hinchey Morella Saxton Wamp Archer Clay Frank (MA) Bartlett Delahunt Hinojosa Murtha Scarborough Waters Armey Clayton Frelinghuysen Barton DeLauro Hobson Myrick Schaffer Watkins Baca Clement Frost Bass DeLay Hoeffel Nadler Schakowsky Watt (NC) Bachus Clyburn Gallegly Bateman DeMint Hoekstra Napolitano Scott Watts (OK) Baird Coble Ganske Becerra Deutsch Holden Neal Sensenbrenner Waxman Baker Coburn Gejdenson Bentsen Diaz-Balart Holt Nethercutt Serrano Weiner Baldacci Collins Gekas Bereuter Dickey Hooley Ney Sessions Weldon (FL) Baldwin Combest Gephardt Berkley Dicks Horn Northup Shadegg Weldon (PA) Ballenger Condit Gibbons Berman Dingell Hostettler Norwood Shaw Weller Barcia Conyers Gilchrest Berry Dixon Houghton Nussle Shays Wexler Barr Cook Gilman Biggert Doggett Hoyer Oberstar Sherman Weygand Barrett (NE) Cooksey Gonzalez Bilbray Dooley Hulshof Olver Sherwood Whitfield Barrett (WI) Costello Goode Bilirakis Doolittle Hunter Ortiz Shimkus Wicker Bartlett Cox Goodlatte Bishop Doyle Hutchinson Ose Shows Wilson Barton Coyne Goodling Blagojevich Dreier Hyde Owens Shuster Wise Bass Cramer Gordon Bliley Duncan Inslee Oxley Simpson Wolf Bateman Crowley Goss Blumenauer Dunn Isakson Packard Sisisky Woolsey Becerra Cubin Graham Blunt Edwards Istook Pallone Skeen Wu Bentsen Cummings Granger Boehlert Ehlers Jackson (IL) Pascrell Skelton Wynn Bereuter Cunningham Green (TX) Boehner Ehrlich Jackson-Lee Pastor Slaughter Young (AK) Berkley Danner Green (WI) Bonilla Emerson (TX) Paul Smith (MI) Young (FL) Berman Davis (FL) Greenwood Bonior Engel Jefferson Payne Smith (NJ) Berry Davis (IL) Gutierrez Bono English Jenkins Biggert Davis (VA) Gutknecht Borski Eshoo John NOT VOTING—17 Bilbray DeFazio Hall (OH) Boswell Etheridge Johnson (CT) Combest Jones (NC) Mollohan Bilirakis DeGette Hall (TX) Boucher Evans Johnson, E. B. Crane Klink Obey Bishop Delahunt Hansen Boyd Everett Johnson, Sam Deal McIntosh Quinn Blagojevich DeLauro Hastings (FL) Brady (PA) Ewing Jones (OH) Fowler Meeks (NY) Salmon Bliley DeLay Hastings (WA) Brady (TX) Farr Kanjorski Franks (NJ) Metcalf Taylor (NC) Blumenauer DeMint Hayes Brown (FL) Fattah Kaptur Gillmor Miller, George Blunt Deutsch Hayworth Brown (OH) Filner Kasich Boehlert Diaz-Balart Hefley Bryant Fletcher Kelly b 1828 Boehner Dickey Herger Burr Foley Kennedy Bonilla Dicks Hill (IN) Burton Forbes Kildee So (two-thirds having voted in favor Bonior Dingell Hill (MT) Buyer Ford Kilpatrick thereof) the rules were suspended and Bono Dixon Hilleary Callahan Fossella Kind (WI) Borski Doggett Hilliard Calvert Frank (MA) King (NY) the bill was passed. Boswell Dooley Hinchey Camp Frelinghuysen Kingston The result of the vote was announced Boucher Doolittle Hinojosa Campbell Frost Kleczka as above recorded. Boyd Doyle Hobson Canady Gallegly Knollenberg A motion to reconsider was laid on Brady (PA) Dreier Hoeffel Cannon Ganske Kolbe Brady (TX) Duncan Hoekstra Capps Gejdenson Kucinich the table. Brown (FL) Dunn Holden Capuano Gekas Kuykendall f Brown (OH) Edwards Holt Cardin Gephardt LaFalce Bryant Ehlers Hooley Carson Gibbons LaHood ANNOUNCEMENT BY THE SPEAKER Burr Ehrlich Horn Castle Gilchrest Lampson Burton Emerson Hostettler Chabot Gilman Lantos PRO TEMPORE Buyer Engel Houghton Chambliss Gonzalez Largent The SPEAKER pro tempore (Mrs. Callahan English Hoyer Chenoweth-Hage Goode Larson Calvert Eshoo Hulshof Clay Goodlatte Latham BIGGERT). Pursuant to clause 8 of rule Camp Etheridge Hunter Clayton Goodling LaTourette XX, the Chair will reduce to 5 minutes Campbell Evans Hutchinson Clement Gordon Lazio the minimum time for electronic vot- Canady Everett Hyde Clyburn Goss Leach ing on each additional motion to sus- Cannon Ewing Inslee Coble Graham Lee Capps Farr Isakson Coburn Granger Levin pend the rules on which the Chair has Capuano Fattah Istook Collins Green (TX) Lewis (CA) postponed further proceedings. Cardin Filner Jackson (IL)

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.086 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1449 Jackson-Lee Moore Shays A motion to reconsider was laid on Kanjorski Neal Shows (TX) Moran (KS) Sherman Kaptur Nethercutt Shuster Jefferson Moran (VA) Sherwood the table. Kasich Ney Simpson Jenkins Morella Shimkus f Kelly Northup Sisisky John Murtha Shows Kennedy Norwood Skeen Johnson (CT) Myrick Shuster COMMENDING LIBRARY OF CON- Kildee Nussle Skelton Johnson, E. B. Nadler Simpson Kilpatrick Oberstar Slaughter Johnson, Sam Napolitano Sisisky GRESS FOR 200 YEARS OF OUT- Kind (WI) Obey Smith (MI) Jones (NC) Neal Skeen STANDING SERVICE King (NY) Olver Smith (NJ) Jones (OH) Nethercutt Skelton Kingston Ortiz Smith (TX) Kanjorski Ney Slaughter The SPEAKER pro tempore (Mrs. Kleczka Ose Smith (WA) Kaptur Northup Smith (MI) BIGGERT). The pending business is the Knollenberg Owens Snyder Kasich Norwood Smith (NJ) question of suspending the rules and Kolbe Oxley Souder Kelly Nussle Smith (TX) agreeing to the concurrent resolution, Kucinich Packard Spence Kennedy Oberstar Smith (WA) Kuykendall Pallone Spratt Kildee Obey Snyder H. Con. Res. 269. LaFalce Pascrell Stabenow Kilpatrick Olver Souder The Clerk read the title of the con- LaHood Pastor Stark Kind (WI) Ortiz Spence current resolution. Lampson Paul Stearns King (NY) Ose Spratt Lantos Payne Stenholm Kingston Owens Stabenow The SPEAKER pro tempore. The Largent Pease Strickland Kleczka Oxley Stark question is on the motion offered by Larson Pelosi Stump Knollenberg Packard Stearns the gentleman from Michigan (Mr. Latham Peterson (MN) Stupak Kolbe Pallone Stenholm EHLERS) that the House suspend the LaTourette Peterson (PA) Sununu Kucinich Pascrell Strickland Lazio Petri Sweeney Kuykendall Pastor Stump rules and agree to the concurrent reso- Leach Phelps Talent LaFalce Payne Stupak lution, H. Con. Res. 269, on which the Lee Pickering Tancredo LaHood Pease Sununu yeas and nays are ordered. Levin Pickett Tanner Lampson Pelosi Sweeney Lewis (CA) Pitts Tauscher Lantos Peterson (MN) Talent This is a 5-minute vote. Lewis (GA) Pombo Tauzin Largent Peterson (PA) Tancredo The vote was taken by electronic de- Lewis (KY) Pomeroy Taylor (MS) Larson Petri Tanner vice, and there were—yeas 416, nays 0, Linder Porter Terry Latham Phelps Tauscher not voting 18, as follows: Lipinski Portman Thomas LaTourette Pickering Tauzin LoBiondo Price (NC) Thompson (CA) Lazio Pitts Taylor (MS) [Roll No. 78] Lofgren Pryce (OH) Thompson (MS) Leach Pombo Terry YEAS—416 Lowey Radanovich Thornberry Lee Pomeroy Thomas Lucas (KY) Rahall Thune Levin Porter Thompson (CA) Abercrombie Chambliss Frank (MA) Lucas (OK) Ramstad Thurman Lewis (CA) Portman Thompson (MS) Ackerman Chenoweth-Hage Frelinghuysen Luther Rangel Tiahrt Lewis (GA) Price (NC) Thornberry Aderholt Clay Frost Maloney (CT) Regula Tierney Lewis (KY) Pryce (OH) Thune Allen Clayton Gallegly Maloney (NY) Reyes Toomey Linder Radanovich Thurman Andrews Clement Ganske Manzullo Reynolds Towns Lipinski Rahall Tiahrt Archer Clyburn Gejdenson Markey Riley Traficant LoBiondo Ramstad Tierney Armey Coble Gekas Martinez Rivers Turner Lofgren Rangel Toomey Baca Coburn Gephardt Mascara Rodriguez Udall (CO) Lowey Regula Towns Bachus Collins Gibbons Matsui Roemer Udall (NM) Lucas (KY) Reyes Traficant Baird Combest Gilchrest McCarthy (MO) Rogan Upton Lucas (OK) Reynolds Turner Baker Condit Gilman McCarthy (NY) Rogers Velazquez Luther Riley Udall (CO) Baldacci Conyers Gonzalez McCollum Rohrabacher Vento Maloney (CT) Rivers Udall (NM) Baldwin Cook Goode McCrery Ros-Lehtinen Visclosky Maloney (NY) Rodriguez Upton Ballenger Cooksey Goodlatte McDermott Rothman Vitter Manzullo Roemer Velazquez Barcia Costello Goodling McGovern Roukema Walden Markey Rogan Vento Barr Cox Gordon McHugh Roybal-Allard Walsh Martinez Rogers Visclosky Barrett (NE) Coyne Goss McInnis Royce Wamp Mascara Rohrabacher Vitter Barrett (WI) Cramer Graham McIntyre Rush Waters Matsui Ros-Lehtinen Walden Bartlett Crowley Granger McKeon Ryan (WI) Watkins McCarthy (MO) Rothman Walsh Barton Cubin Green (TX) McKinney Ryun (KS) Watt (NC) McCarthy (NY) Roukema Wamp Bass Cummings Green (WI) McNulty Sabo Watts (OK) McCollum Roybal-Allard Waters Bateman Cunningham Greenwood Meehan Sanchez Waxman McCrery Royce Watkins Becerra Danner Gutierrez Meek (FL) Sanders Weiner McDermott Rush Watt (NC) Bentsen Davis (FL) Gutknecht Menendez Sandlin Weldon (FL) McGovern Ryan (WI) Watts (OK) Bereuter Davis (IL) Hall (OH) Mica Sanford Weldon (PA) McHugh Ryun (KS) Waxman Berkley Davis (VA) Hall (TX) Millender- Sawyer Weller McInnis Sabo Weiner Berman DeFazio Hansen McDonald Saxton Wexler McIntyre Sanchez Weldon (FL) Berry DeGette Hastings (FL) Miller (FL) Scarborough Weygand McKeon Sanders Weldon (PA) Biggert Delahunt Hayes Miller, Gary Schaffer Whitfield McKinney Sandlin Weller Bilbray DeLauro Hayworth Minge Schakowsky Wicker McNulty Sanford Wexler Bilirakis DeLay Hefley Mink Scott Wilson Meehan Sawyer Weygand Bishop DeMint Hill (IN) Moakley Sensenbrenner Wise Meek (FL) Saxton Whitfield Blagojevich Deutsch Hill (MT) Moore Serrano Wolf Menendez Scarborough Wicker Bliley Diaz-Balart Hilleary Moran (KS) Sessions Woolsey Mica Schaffer Wilson Blumenauer Dickey Hilliard Moran (VA) Shadegg Wu Millender- Schakowsky Wise Blunt Dicks Hinchey Morella Shaw Wynn McDonald Scott Wolf Boehlert Dingell Hinojosa Murtha Shays Young (AK) Miller (FL) Sensenbrenner Woolsey Boehner Dixon Hobson Myrick Sherman Young (FL) Miller, Gary Serrano Wu Bonilla Doggett Hoeffel Nadler Sherwood Minge Sessions Wynn Bonior Dooley Hoekstra Napolitano Shimkus Mink Shadegg Young (AK) Bono Doolittle Holden Moakley Shaw Young (FL) Borski Doyle Holt NOT VOTING—18 Boswell Dreier Hooley Burr Hastings (WA) Metcalf NAYS—1 Boucher Duncan Horn Crane Herger Miller, George Boyd Dunn Hostettler Paul Deal Johnson (CT) Mollohan Brady (PA) Edwards Houghton Fowler Klink Quinn Brady (TX) Ehlers Hoyer NOT VOTING—15 Franks (NJ) McIntosh Salmon Brown (FL) Ehrlich Hulshof Gillmor Meeks (NY) Taylor (NC) Crane Klink Mollohan Brown (OH) Emerson Hunter Deal McIntosh Pickett Bryant Engel Hutchinson Fowler Meeks (NY) Quinn Burton English Hyde b 1846 Franks (NJ) Metcalf Salmon Buyer Eshoo Inslee Gillmor Miller, George Taylor (NC) Callahan Etheridge Isakson So (two-thirds having voted in favor Calvert Evans Istook thereof), the rules were suspended and b Camp Everett Jackson (IL) 1837 Campbell Ewing Jackson-Lee the concurrent resolution was agreed So (two-thirds having voted in favor Canady Farr (TX) to. Cannon Fattah Jefferson thereof), the rules were suspended and Capps Filner Jenkins The result of the vote was announced the concurrent resolution, as amended, Capuano Fletcher John as above recorded. was agreed to. Cardin Foley Johnson, E. B. A motion to reconsider was laid on Carson Forbes Johnson, Sam The result of the vote was announced Castle Ford Jones (NC) the table. as above recorded. Chabot Fossella Jones (OH) Stated for:

VerDate 20-MAR-2000 03:22 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.021 pfrm06 PsN: H28PT1 H1450 CONGRESSIONAL RECORD — HOUSE March 28, 2000 Mrs. JOHNSON of Connecticut. Madam Kaptur Nethercutt Shows REMOVAL OF NAME OF MEMBER Speaker, on rollcall No. 78, I was inadvert- Kasich Ney Shuster AS COSPONSOR OF H.R. 3252 Kelly Northup Simpson ently, detained. Had I been present, I would Kennedy Norwood Sisisky Mrs. MYRICK. Madam Speaker, I ask have voted ``yea.'' Kildee Nussle Skeen Skelton unanimous consent to remove my Kilpatrick Oberstar name as a cosponsor of H.R. 3252. f Kind (WI) Obey Slaughter King (NY) Olver Smith (MI) The SPEAKER pro tempore (Mrs. Smith (NJ) SENIOR CITIZENS’ FREEDOM TO Kingston Ortiz BIGGERT). Is there objection to the re- Smith (TX) Kleczka Ose WORK ACT OF 2000 Smith (WA) quest of the gentlewoman from North Knollenberg Owens The SPEAKER pro tempore (Mrs. Snyder Carolina? Kolbe Oxley Souder There was no objection. BIGGERT) The pending business is the Kucinich Packard Spence question of agreeing to the motion of- Kuykendall Pallone Spratt f fered by the gentleman from Florida LaFalce Pascrell Stabenow LaHood Pastor Stark SPECIAL ORDERS (Mr. SHAW) to concur in the Senate Lampson Paul Stearns The SPEAKER pro tempore (Mr. amendment to H.R. 5. Lantos Payne Stenholm The Clerk read the title of the bill. Largent Pease Strickland MCKEON). Under the Speaker’s an- The SPEAKER pro tempore. The Larson Pelosi Stump nounced policy of January 6, 1999, and Stupak question is on the motion offered by Latham Peterson (MN) under a previous order of the House, LaTourette Peterson (PA) Sununu the following Members will be recog- the gentleman from Florida (Mr. Sweeney Lazio Petri nized for 5 minutes each. SHAW), on which the yeas and nays are Leach Phelps Talent Lee Pickering Tancredo f ordered. Tanner Levin Pickett The vote was taken by electronic de- Tauscher The SPEAKER pro tempore. Under a Lewis (CA) Pitts Tauzin previous order of the House, the gen- vice, and there were—yeas 419, nays 0, Lewis (GA) Pombo not voting 16, as follows: Taylor (MS) tleman from Indiana (Mr. BURTON) is Lewis (KY) Pomeroy Terry [Roll No. 79] Lipinski Porter Thomas recognized for 5 minutes. LoBiondo Portman YEAS—419 Thompson (CA) Mr. BURTON addressed the House. Lofgren Price (NC) Thompson (MS) His remarks will appear hereafter in Abercrombie Clay Gallegly Lowey Pryce (OH) Thornberry the Extensions of Remarks.) Ackerman Clayton Ganske Lucas (KY) Radanovich Thune Aderholt Clement Gejdenson Lucas (OK) Rahall Thurman f Allen Clyburn Gekas Luther Ramstad Tiahrt Andrews Coble Gephardt Maloney (CT) Rangel Tierney TRIBUTE TO HENRY W. MCGEE Archer Coburn Gibbons Maloney (NY) Regula Toomey Armey Collins Gilchrest The SPEAKER pro tempore. Under a Manzullo Reyes Towns Baca Combest Gilman Markey Reynolds Traficant previous order of the House, the gen- Bachus Condit Gonzalez Martinez Riley Turner tleman from Illinois (Mr. DAVIS) is rec- Baird Conyers Goode Udall (CO) Baker Cook Goodlatte Mascara Rivers ognized for 5 minutes. Matsui Rodriguez Udall (NM) Baldacci Cooksey Goodling Upton Mr. DAVIS of Illinois. Mr. Speaker, I McCarthy (MO) Roemer Baldwin Costello Gordon Velazquez rise today to pay tribute to an out- McCarthy (NY) Rogan Ballenger Cox Goss Vento Rogers standing American, Mr. Henry W. Barcia Coyne Graham McCollum Visclosky Barr Cramer Granger McCrery Rohrabacher Vitter McGee, who passed away on March 18 Barrett (NE) Crowley Green (TX) McDermott Ros-Lehtinen Walden at the age of 90. Barrett (WI) Cubin Green (WI) McGovern Rothman Walsh Mr. McGee was a trailblazer and an Bartlett Cummings Greenwood McHugh Roukema Wamp advocate for equal rights and justice Barton Cunningham Gutierrez McInnis Roybal-Allard Waters Bass Danner Gutknecht McIntyre Royce Watkins throughout his entire life. He worked Bateman Davis (FL) Hall (OH) McKeon Rush Watt (NC) 44 years as an employee of the United Becerra Davis (IL) Hall (TX) McKinney Ryan (WI) Watts (OK) States Postal Service, delivering mail Bentsen Davis (VA) Hansen McNulty Ryun (KS) Waxman Bereuter DeFazio through the rain, sleet, and snow. His Hastert Meehan Sabo Weiner Berkley DeGette Hastings (FL) Meek (FL) Sanchez Weldon (FL) entire life was representative of some- Berman Delahunt Hastings (WA) Menendez Sanders Weller one who came in at the bottom but Berry DeLauro Hayes Wexler Biggert DeLay Hayworth Mica Sandlin worked his way to the top. Millender- Sanford Weygand Bilbray DeMint Hefley Whitfield In 1952, he was promoted general McDonald Sawyer Bilirakis Deutsch Herger Wicker foreman and later served as super- Miller (FL) Saxton Bishop Diaz-Balart Hill (IN) Wilson Miller, Gary Scarborough intendent of the largest finance station Blagojevich Dickey Hill (MT) Wise Bliley Dicks Hilleary Minge Schaffer Wolf in the U.S. Postal Service. Blumenauer Dingell Hilliard Mink Schakowsky Woolsey In 1976, he became the first African Blunt Dixon Hinchey Moakley Scott Wu American appointed Chicago Regional Boehlert Doggett Hinojosa Moore Sensenbrenner Wynn Postmaster by President Lyndon B. Boehner Dooley Hobson Moran (KS) Serrano Young (AK) Bonilla Doolittle Hoeffel Moran (VA) Sessions Young (FL) JOHNSON, upon the recommendation of Bonior Doyle Hoekstra Morella Shadegg U.S. Senator Paul Douglas. Under his Bono Dreier Holden Murtha Shaw Borski Duncan Holt leadership, the Chicago Postal Service Myrick Shays was able to improve its delivery rates Boswell Dunn Hooley Nadler Sherman Boucher Edwards Horn Napolitano Sherwood and effectiveness in meeting the needs Boyd Ehlers Hostettler Neal Shimkus of its consumers. Brady (PA) Ehrlich Houghton Brady (TX) Emerson Hoyer There is an old adage that says of Brown (FL) Engel Hulshof NOT VOTING—16 life: ‘‘It is not how long one lives, but Brown (OH) English Hunter Canady Linder Quinn how much one gives.’’ This statement Bryant Eshoo Hutchinson Crane McIntosh Salmon really is the epitome of the life that Burr Etheridge Hyde Taylor (NC) Deal Meeks (NY) Henry McGee led. He found time to get Burton Evans Inslee Franks (NJ) Metcalf Weldon (PA) Buyer Everett Isakson Gillmor Miller, George involved in the community and take on Callahan Ewing Istook Klink Mollohan issues greater than himself, despite his Calvert Farr Jackson (IL) Camp Fattah Jackson-Lee busy career. Campbell Filner (TX) b 1904 In 1946, he was selected to serve as Cannon Fletcher Jefferson president and acting executive director Capps Foley Jenkins Capuano Forbes John So the motion was agreed to. of the Chicago chapter of the NAACP. Cardin Ford Johnson (CT) The result of the vote was announced While there, he dedicated himself to Carson Fossella Johnson, E. B. as above recorded. the causes of ending segregation and Castle Fowler Johnson, Sam fighting for equal justice. Chabot Frank (MA) Jones (NC) A motion to reconsider was laid on Chambliss Frelinghuysen Jones (OH) In addition to the NAACP, he became Chenoweth-Hage Frost Kanjorski the table. one of the charter members of the

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.030 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1451 Joint Negro Appeal, a self-help organi- As a result of the fire and smoke, 23 also for the loss of that one life. The zation that was organized by such indi- campuses in the Pasadena Independent loss of one life is one too many. viduals as Truman Gibson and Judge School District and 8 campuses in the f Odas Nicholson. Galena Park Independent School Dis- GENERAL LEAVE As president, Mr. McGee served dili- trict were forced to turn off their air gently for more than 17 years and conditioning and close their doors and Mr. BILIRAKIS. Mr. Speaker, I ask raised thousands of dollars to help such windows and keep the children inside. unanimous consent that all Members organizations as the Beatrice Caffey According to Phillips, the chemicals may have 5 legislative days within Youth Service League, the Good Shep- that burned in the fire could irritate which to revise and extend their re- herd Neighborhood Club, and other or- one’s eyes and nose and throat if in- marks and include extraneous material ganizations. haled in high concentrations, but the on the subject of my special order this After he retired from the postal serv- air monitors that were around the evening. ice, Mr. McGee still found time to give plant and in the community found no The SPEAKER pro tempore. Is there of himself and his talents, as Mayor signs that anyone outside the plant objection to the request of the gen- Richard J. Daley appointed him to a 5- was exposed to these toxic chemicals. tleman from Florida? year term on the Chicago Board of The explosion occurred in the section There was no objection. Education. It was an opportunity for of the Phillips plant that produces K- f him to give back to Chicago and, more Resin. K-Resin is the chemical used to GREEK INDEPENDENCE DAY importantly, give back to the next gen- make cups, lids, toys, shower doors, The SPEAKER pro tempore. Under a eration, our children. coat hangers, and clear packaging ma- previous order of the House, the gen- The legacy that Mr. McGee leaves be- terials, such as shrink wrap that we tleman from Florida (Mr. BILIRAKIS) is hind is both inspirational and impres- wrap our groceries in and leftovers, sive. I am so pleased that the gen- recognized for 5 minutes. bread wrappers, bottles for drinking Mr. BILIRAKIS. Mr. Speaker, I rise tleman from Illinois (Mr. RUSH) has de- water, clear boxes and trays. proudly to celebrate Greek Independ- termined to name a post office in his I have visited the Phillips plant on ence Day, an event which marks the honor. several occasions and have met numer- I ask that all of America join me in symbolic rebirth of democracy. ous times, not only with the manage- On March 25, 1821, Archbishop paying tribute to the life and legacy of ment, but with the employees who are Germanos of Patras raised the flag of Henry McGee, and may his loved ones represented by PACE, the Paper, Al- freedom and was the first to declare be comforted in knowing this his life lied-Industrial, Chemical and Energy Greece free. We honor the valiant touched thousands of citizens through- Workers, International Union, for- Greek freedom fighters who began an out not only Chicago but, indeed, mally, known as the OCAW. arduous struggle to win independence throughout America. He lived a great I have also attended annual events, for Greece and its people 179 years ago. and inspirational life. including the annual memorial that Although many Greeks died, they f both the industry and the union plan were undeterred from their ultimate The SPEAKER pro tempore. Under a every year in tribute to workers who goal. ‘‘Eleftheria I Thanatos,’’ liberty previous order of the House, the gen- have lost their lives in workplace acci- or death, became the Greek patriots’ tleman from Georgia (Mr. NORWOOD) is dents. battle cry, a cry all too familiar to us recognized for 5 minutes. The work of the chemical plant is because of the similar pronouncement Mr. NORWOOD addressed the House. dangerous. The employees who work at of Patrick Henry, who said ‘‘Give me His remarks will appear hereafter in the Phillips plant and the many others liberty or give me death.’’ the Extensions of Remarks.) along the Houston Ship Channel know One particular story best signifies f the impact an explosion can make. the spirit which existed then. A signifi- That is why we need stronger worker cant wave of rebellion against Turkish EXPLOSION AT PHILLIPS PETRO- protections. We cannot prevent every LEUM PLANT IN PASADENA, TX oppression was ignited by the fiercely accident, but we can ensure that every patriotic Suliotes villagers who took The SPEAKER pro tempore. Under a worker has a reasonable expectation refuge from Turkish authorities in the previous order of the House, the gen- that he or she will be safe. mountains of Epiros. tleman from Texas (Mr. GREEN) is rec- The Phillips Petroleum plant has a ognized for 5 minutes. long history of accidents that have re- b 1715 Mr. GREEN of Texas. Mr. Speaker, I sulted in facilities and many safety When the Suliotes women, left alone, rise tonight with a great deal of sorrow violations. We hope that again we learn learned that Turkish troops were fast and concern because yesterday an ex- from our experiences. approaching their village, they began plosion and fire occurred at Phillips In the last year, this facility has ex- to dance the ‘‘Syrtos,’’ a patriotic Petroleum Company plant in Pasadena, perienced three other explosions. The Greek dance. One by one they com- Texas, which is part of the district that worst of these occurred last June and mitted suicide by throwing themselves I represent. This tragedy resulted in resulted in the death of two employees. and their children off Mount Zalongo. the death of one worker and the injury The other two explosions occurred in They chose to die rather than sur- of 71 others. August and April of last year. render and face slavery. According to the Houston Chronicle, By far the deadliest year for Phillips When news of the revolution arrived at least three of the injured were listed Petroleum was in 1989. On October 23, in the United States after the initial in critical condition, and six were list- 1989, an explosion resulted in 23 deaths uprising, there were widespread feel- ed in serious condition. Our thoughts and 130 injuries. A few months before ings of compassion. This sentiment was and our prayers are with the men and this explosion, six employees were in- shared by several American presidents, women of the Phillips plant and their jured when a natural gas pipeline near including James Monroe and John families. the plant’s boiler room exploded. Two Quincy Adams. Each conveyed his sup- The cause of this accident has not of the injured workers later died of port for the revolution through his an- been determined. In fact, just today their injuries. nual messages to Congress. were they allowed to go back into the Producing the products that our Na- William Harrison, our ninth presi- plant except for the suppression per- tion and our world require is inher- dent, expressed his belief in freedom sonnel. ently dangerous. It is important that for Greece, saying, and I quote him, About 850 Phillips employees and OSHA inspectors move quickly to in- ‘‘We must send our free will offering. about 100 subcontractors work at the vestigate the cause of this most recent The Star-Spangled Banner,’’ he went Pasadena plant complex. Phillips Pe- explosion. We need to do everything we on to say, ‘‘must wave in the Aegean, a troleum officials said about 600 work- can to ensure that accidents like this message of fraternity and friendship to ers were on duty when the explosion will never happen again. Greece.’’ occurred yesterday afternoon about 1 In closing, our prayers are for the So we should not overlook the fact p.m. speedy recovery for those injured and that American leaders have always

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.095 pfrm06 PsN: H28PT1 H1452 CONGRESSIONAL RECORD — HOUSE March 28, 2000 been drawn to Greece’s democratic settlement. Turkey also needs to re- Over the last year, Greece has continued to ideals. In drafting our constitution, spect international law regarding be an active and important member of the American colonial leaders cited Greek Greek sovereignty in the Aegean. international community. During the dev- and Roman sources. The very basis of Mr. Speaker, on a more optimistic note, the astating earthquakes that ravaged Turkey last our constitution derives from Aristotle chronically strained relations between Greece year, Greece reached out its hand to help its and was put into practice in ancient and Turkey have recently become less in the neighbor. This act of kindness was inspiring to Rome. As Thomas Jefferson once said, aftermath of severe earthquakes that hit both us all, proving that it is possible to set aside ‘‘To the ancient Greeks we are all in- countries last summer. The acts of humanity differences in times of need. We should not be debted for the light which led our- that Greece and Turkey demonstrated in aid- surprised, though, by Greece's actions. As a selves, American colonists, out of ing each other generated a new favorable member of NATO and the European Union, Gothic darkness.’’ world sentiment and opened a new chapter in Greece has continually shown its commitment Mr. Speaker, I would now like to the relations between the two countries. Con- to international peace and security. yield to the gentleman from Pennsyl- sistent with this new spirit of cooperation, The United States and Greece share a com- vania (Mr. GEKAS). Greece has moderated its previous inflexible mon philosophy that promotes democracy. Of Mr. GEKAS. Mr. Speaker, I thank objection to Turkey's acceptance to member- course, it was Greece that paved the way for the gentleman for yielding to me. ship in the European Union. Hopefully, this the great experiment which became the United Every year the gentleman faithfully new spirit will gain momentum and thereby States of America. Every American who en- executes his special order for remem- help to restore harmony and peaceful coexist- joys freedom and democracy owes the Greek brance of March 25 and what it means ence between the two countries. people a debt of gratitude for inspiring our to Americans of Greek descent. Mr. Speaker, we celebrate Greek independ- founding fathers. The recollections I have as a young ence to reaffirm the common democratic herit- On behalf of the people of the Sixth Con- person in attending the Greek Ortho- age we share. Greek Independence Day, like gressional district of Massachusetts and my- dox church in my community was that the Fourth of July, reminds us that we have self, I wish to extend congratulations to the this particular holiday was a blend of the duty to defend libertyÐwhatever the cost. people of Greece on this happy occasion. I two momentous events in the life of a To maintain our freedom, we can take neither am honored to have been selected to be one Greek Orthodox Christian. One was the it nor its architects for granted. That is why we of two Grand Marshals in this year's Inde- Celebration of the Annunciation and, honor those who secured independence for pendence Day parade in Boston and know the at the same time, the ethnic revolu- Greece so many years ago. day will be enjoyed by many. I look forward to tionary epic of the revolution to which Mr. CROWLEY. Mr. Speaker, it is with great many more years of happy and productive re- the gentleman has referred. This blend- respect and profound admiration that I rise lations between the United States and Greece. ing of both faith and nationalism has today to recognize the 179th anniversary of Mr. COYNE. Mr. Speaker, I rise today to made this particular holiday very dis- Greek Independence. join in this special order commemorating March 25th is a date that will live forever in tinct and very unusual. And it evokes Greek Independence Day. the hearts and minds of Greeks and Greek- memories not only of those two events As a Member of Congress representing a Americans. On March 25, 1821, after nearly simultaneously occurring but the fact district with a great many Greek-American 400 years under the Ottoman yoke, the that they helped us, those young Amer- constituents, I am well aware of the many con- Greeks revolted against the Turks and after a icans of Greek descent, recognize the tributions that Greek Americans have made to fierce struggle won their independence. During value of being Americans. our nation. Today I join over 1 million Greek all these years of occupation the people of We, as Americans, were able to see Americans and the people of Greece in com- Greece kept their language, their religion and that democracy’s home, Greece, had an memorating the fight for Greek independence. their sense of identity. It is only fitting that the Congress of the inexorable link with the founding of We share with the people of Greece this United States commemorate the struggle that our country, our United States, and fierce spirit of independence and love of free- led Greek independence. The ancient city- continues to have this absolutely won- dom. derful bond between the democracies A country with a history stretching back al- states of Greece made many vital contribu- that we both cherish. most 4,000 years, Greece is the cradle of de- tions to western civilization. The foundations of Mr. BILIRAKIS. Mr. Speaker, I mocracy and its great philosophers were an Western literature, drama, science, architec- thank the gentleman for always join- invaluable inspiration for our founding fathers. ture, and philosophy were laid by the people ing me year after year after year in In ancient Athens they found a model for the of ancient Greece. The Greek language has this special order. new democracy they were going to establish enriched other languages with words and con- Mr. Speaker, we all know that the in America. cepts like philanthropy, harmony, music, price of liberty can be very high, hun- For many years, Greece has been a reliable techne, sophistication, architecture, ecology dreds of thousands of lives. Socrates, ally of the United States. During World War II, and thousands of others. But perhaps ancient Plato, Pericles, and many other great the Greeks sided unanimously with the Allies. Greece's most important gift to the modern scholars throughout history warned we The years of German occupation were a par- world was the creation of the concept of maintain democracy only at great cost. ticularly hard time for Greece. Starvation deci- democratic self-government. The Founding The freedom we enjoy today is due to a mated the population while executions and de- Fathers of this country, educated in the large degree to the sacrifices made by portations contributed to the catastrophe. But classics, looked to the ancient Greeks, among men and women in the past, in Greece, from the first moments of the occupation a others, for insight and inspiration when they in America, and all over the world. mass resistance movement came into being, were working to form a new national govern- Unfortunately, there are several bravely fighting the Nazi conquerors. ment. countries where the struggle for free- After enduring a military dictatorship, the 179 years ago, however, when our country dom continues, and tensions persist in Greek people from 1974 onwards devoted all was prospering under its newly established the former Yugoslavia, Kosovo, the their efforts to consolidating democracy in the democratic government, GreeceÐthe cradle of Middle East, Africa, Greece, and Tur- land of its birth and laying the foundations for democracyÐwas a subjugated nation ruled by key, and particularly in the Republic a better life. Today, Greece is a member of the Ottoman Empire. In fact, at that point, the of Cyprus. Turkey still illegally occu- NATO and the European Union and remains Ottoman Empire had dominated the Greek pies a large part of Cyprus, as it has faithful to the cause of peace and democracy. people for over 400 years, and many Greeks since its brutal invasion in 1974. The My fellow colleagues, please join me as we were finding Ottoman rule to be increasingly United States has exerted its influence celebrate Greek independence and remember oppressive and unacceptable. to improve chances for peace in the those of Greek heritage who are living in the Greek patriots rose up against the Ottomans Middle East and Northern Ireland. Now United States and have contributed so greatly in March of 1821. The struggle of the coura- it is time for the U.S. to promote a fair to our communities and our country. geous Greek patriots against a powerful em- solution for Cyprus. Mr. TIERNEY. Mr. Speaker, I am pleased to pire won the support of many influential fig- Turkey continues to refute U.N. reso- speak today in honor of the 179th anniversary ures in Western Europe and the United lutions on Cyprus. Our Nation has the of Greek independence. As a member of the States. Europeans and Americans identified influence to encourage to Turkey to Congressional Caucus on Hellenic Issues, I with the Greek peopleÐthe descendants of abide by the U.N. resolutions which set join my colleagues in paying tribute to the the nation that had so strongly influenced out conditions and suggestions for a Greek nation and its people. western civilization. The French, British, and

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\K28MR7.099 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1453 Russian governments eventually intervened in should also learn about the great Greek think- The Greek patriots' battle cry ``Eleftheria I the conflict on the Greeks' behalf and forced ers whose visions of democracy helped our thanatos''Ðliberty of deathÐbrings imme- the Ottoman Empire to recognize Greece as nation advance towards a free society. diately to mind Patrick Henry's revolutionary an independent state in 1829. The ties that bind Greece and the United speech ``Is life so dear, or peace so sweet, as Mr. Speaker, thousands of Greek patriots States also extend towards the common role to be purchased at the price of chains and fought and died for their country's freedom that our respective countries played in revolt- slavery? Forbid it, Almighty God! I know not with the same passion that inspired the ing against oppressive rule. Borrowing from what course others may take; but as for me, Founding Fathers. Consequently, it is appro- the successful experience that our young na- give me liberty or give me death!'' As we know priate that we remember them today, the tion utilized to free itself of English rule, the America's revolutionaries of the 18th century 179th anniversary of the beginning of the people of Greece rose up and declared their were inspired by the traditions and philosophy struggle for Greek independence. I am independence from the Ottoman Empire. After of Greek antiquity. The influence and contribu- pleased to join my colleagues in commemo- a long decade of struggle, freedom came to tions of the Greeks to modern democracy, are rating this very special day. Greece. Just as it did in the democratic world to say the least, incalculable. We, as Ameri- Mr. GILMAN. Mr. Speaker, I am pleased to at the time, their victory continues to inspire us cans, cannot place enough emphasis on the rise on this occasion on which we salute the today. political and social contributions of the Greeks great nation and people of Greece, the Hel- Greece has contributed to this nation in to our own nation. lenic Republic as they celebrate the 179th an- many other ways. The hard work of Greek- ``Our Constitution is called a democracy be- niversary of Greece's independence. I com- Americans has made an impact on our nation, cause power is in the hands not of a minority mend the gentleman from Florida, Mr. BILI- especially in Greek communities such as but of the whole people. When it is a question RAKIS for taking the initiative once again to en- Providence, Pawtucket and Newport, Rhode of settling private disputes, everyone is equal sure that members have the opportunity to Island. It is a great honor to be able to rep- before the law; when it is a question of putting convey our thoughts on this important day. resent the people of these communities in the one person before another in positions of pub- The United States and Greece have enjoyed United States Congress. lic responsibility, what counts is not a mem- a long and close relationship. The people of As the birthplace of classical political bership of a particular class, but the actual the United States recognize and revere thought, as a strong ally to the United States, ability which the man possesses''. Greece as the cradle of the democratic tradi- and as the motherland to the many valuable The statement, Mr. Speaker, was not made tion that has allowed this country to rise to the Greek immigrants who reside within our bor- by our Founding Fathers, but by Pericles in an heights of its greatness. ders, Greece is indeed a country worthy of address more than two thousand years ago. We are fortunate to have benefitted from the much praise. Again, I thank my colleagues for With that, I would like to thank my colleagues contributions of those immigrants from Greece all their hard work in making this Special for holding this special order and once again who have contributed their toil, their knowl- Order and I look forward to working with the congratulate Greece on the anniversary of it's edge and their culture to our American civiliza- Hellenic Caucus for the advancement of independence. Mr. MCGOVERN. Mr. Speaker, it is a privi- tion, and we appreciate the warmth of the citi- Greek issues. Mr. WEYGAND. Mr. Speaker, I rise proudly lege once again to take time to reflect and zens of Greece reflected in the welcome they in recognition of the 179th anniversary of honor Greek Independence Day from the floor provide to Americans that are fortunate Greek Independence and for the common of the U.S. House of Representatives. March enough to be able to visit the shores of democratic heritage shared by Greece and the 25, 2000 marked the 179th Anniversary of the Greece, its beautiful islands and countryside. United States. The struggle and victory of the beginning of the revolution that freed the Greece plays an important role in helping to Greek people against their Ottoman oppres- Greek people from the Ottoman Empire. stabilize the Balkans, one of the more dan- sors deserves special recognition for its con- For almost 400 years, from the fall of Con- gerous neighborhoods of Europe. In our Inter- tribution to human freedom and the trumplh of stantinople in 1453 until the declaration of national Relations Committee we keep the re- demcratic ideals and self-determination over Greek Independence in 1821, Greece re- lations between Greece and the United States those of tyranny and empire. mained under the rule of the Ottoman Empire. under close review. I am pleased to report that In 1821, the people of Greece, inspired by These were dark centuries for the nation that the state of those relations is healthy. I am the American Revolution, broke out in open was the cradle of Western democracy, philos- calling on this occasion for our government to rebellion against four centuries of foreign oc- ophy and art. During this time, Greeks were support the process of reconciliation that is cupation in an effort to rule themselves in ac- deprived of all civil rights. Their schools and now underway between our two NATO allies, cordance with the principles of democracy first churches were shut down. Greek Christian Greece and Turkey. The Congress is fully developed in ancient Greece. Fully cognizant and Jewish boys were kidnapped from their supportive of this effort, and we hope for an and proud of their past, the Greeks strove for families and raised as Moslems to serve the outcome that will produce lasting stability in their own traditions and engaged in an inde- Sultan. this strategically vital part of the world. pendence movement that can only be de- Shortly after Greece regained her independ- I hope that all my colleagues and fellow citi- scribed as heroic and inspirational to all free ence, in December 1823, the great and fa- zens will avail themselves of this occasion to peoples. mous U.S. Representative from Massachu- reflect upon the blessings of democracy, for The Greeks defeated not only the Ottoman setts, Daniel Webster, reflected on this time in which we will be forever indebted to the an- Turks to gain their independence, but also the Greek history, ``This (Greek) people, a people cient Hellenes, and upon our good fortune Concert of Europe established at the Con- of intelligence, ingenuity, refinement, spirit and today in having such a close and reliable ally gress of Vienna following the Napoleonic enterprise, have been for centuries under the as the great nation of Greece. wars. After decades of chaos and revolution, atrocious unparalleled Tartarian barbarism that Mr. KENNEDY of Rhode Island. Mr. Speak- the Great Powers created an international sys- ever oppressed the human race.'' We are all er, it is with great enthusiasm that I stand be- tem based upon conservative, counter-revolu- proud of the fact that many volunteers from fore you today to recognize the 179th anniver- tionary rule designed to empower the mon- across the United States went to Greene to sary of Greece, one of our nation's closest al- archs and imperial states of the Continent with participate in the war for Greek independence. lies. I want to praise my colleagues from Flor- the primary goal of stability. Freedom, democ- Greece and the United States have always ida and New York for their efforts in organizing racy and self-determination were not recog- been linked by their common histories of wag- this special order and also for organizing the nized by the statesmen of Europe as legiti- ing wars for independence, their beliefs in Congressional Caucus on Hellenic issues. mate claims to independence. freedom and basic human rights, and their It is no secret that the democratic principles However, the people of Europe, in spite of commitment to democracy. We are also close- of equality and freedom were advocated by their leaders beliefs, were inspired by the ly tied by blood. During the 1900s, one in great Greek thinkers. These principles served Greek cause and their struggle for freedom every four Greek males between the ages of as an inspiration to our founding fathers and over tyranny. Recognizing that nothing would 15 and 45 departed for the United States. were heavily relied upon as they drafted the stop the Greek people from realizing their Today, American society flourishes and bene- Declaration of Independence and the United dreams and faced with a popular, just cause, fits from the contributions of the descendents States Constitution. In the words of Thomas the Great Powers of Europe embraced a free of these original Greek immigrants. Further Jefferson: ``to the ancient Greeks * * * we are and independent Greece. It is a testament to forging the links of blood and sacrifice, over all indebted for the light which led ourselves the Greeks that they, and they alone were the 600,000 Greeks died fighting on the side of out of * * * darkness.'' Just as today's youth only people to achieve independence in the the Allies during World War II and in the civil is educated on our nation's humble beginnings first quarter of the 19th century despite many war that followedÐthat was nine percent of by studying the lives of the framers, they attempts by other peoples of Europe. the entire population of Greece at the time.

VerDate 20-MAR-2000 04:25 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 9920 E:\CR\FM\A28MR7.038 pfrm06 PsN: H28PT1 H1454 CONGRESSIONAL RECORD — HOUSE March 28, 2000 Massachusetts, with such famous Greek and in celebration of the many contributions of However, in 1806, these sculptures were Americans as Governor Michael Dukakis and Greece and Greek-Americans to the United removed, sometimes broken in half, Senator Paul Tsongas, has a rich Greek States and the world. and transported to England. They are American culture. In my hometown of Worces- f now in view in the British museum, far ter, Massachusetts, the Greek Orthodox Ca- The SPEAKER pro tempore (Mr. away from their native land. thedral of St. Spyridon, under the leadership MCKEON). Under a previous order of the In this age of open communication, of Father Dean Paleologos, reminds us of this House, the gentlewoman from the Dis- friendship, and a unified Europe, we vibrant Greek American community. Each trict of Columbia (Ms. NORTON) is rec- must work together to see that these year, in Worcester, this important day is cele- ognized for 5 minutes. marbles will soon be returned to their brated by teaching children to recite poetry (Ms. NORTON addressed the House. homeland. In this respect, I join my and songs commemorating their past and their Her remarks will appear hereafter in colleagues, the gentleman from New heritage. the Extensions of Remarks.) Jersey (Mr. PAYNE) and the gentleman Today, we see the generous heart of f from New York (Mr. GILMAN) in their Greece at work again, as President Stephan- House Resolution stating the impor- opoulos and Foreign Minister Papandreou en- The SPEAKER pro tempore. Under a tance of returning the Elgin Marbles deavor to end decades of hosility between previous order of the House, the gen- back to Greece. tleman from North Carolina (Mr. Greece and Turkey. The improved climate of I am also very pleased to have wel- JONES) is recognized for 5 minutes. relations between Greece and Turkey cul- comed today Dimitris Avramopoulos, (Mr. JONES of North Carolina ad- tivated by these Greek leaders continues to the mayor of Athens, to Washington. dressed the House. His remarks will ap- sustain hopes that some of the long unre- He joined members of the Hellenic Cau- solved issues between these two nations may pear hereafter in the Extensions of Re- cus and other Members of Congress eventually be tackled. marks.) today for a discussion on the progress In a concrete way, Greece has moved to- f ward better relations with Turkey. Following an that Athens has made in becoming a The SPEAKER pro tempore. Under a arrangement made when Mr. Papandreou vis- global partner and leader and city. previous order of the House, the gentle- ited Ankara last January, a delegation of Through his efforts, the mayor’s, he woman from Hawaii (Mrs. MINK) is rec- Greek Foreign Ministry officials, headed by has made Athens a leading contributor ognized for 5 minutes. Secretary-General Stelios Perrakis, opened to cities around the world in policy; (Mrs. MINK of Hawaii addressed the discussion in the Turkish capital on February and he has diligently worked to create House. Her remarks will appear here- 28th to impart Greece's knowledge and expe- a forum for mayors from other cities after in the Extensions of Remarks.) rience, as a member of the European Union, and capitals throughout the world to on the measures and methods Turkey needs f work together on their common goals. to pursue in its own quest to become a mem- The SPEAKER pro tempore. Under a I am very fortunate and privileged to ber of the EU. previous order of the House, the gen- represent the largest Hellenic commu- In conclusion, Mr. Speaker, I would like to tleman from New York (Mr. FOSSELLA) nity outside of Athens, one of the most express my gratitude and respect to the gen- is recognized for 5 minutes. vibrant communities of Hellenic Amer- tleman from Florida (Mr. BILIRAKIS) and the (Mr. FOSSELLA addressed the icans in our country. It is truly a very gentlelady from New York (Mrs. CAROLYN House. His remarks will appear here- great pleasure for me to co-chair the MALONEY) for their leadership of the Hellenic after in the Extensions of Remarks.) Hellenic Caucus and to represent so Caucus. Through their hard work, all Members f many fine friends from Greece in my of this House are better educated on and in- district. The caucus now has a record volved in the challenging issues facing modern IN CELEBRATION OF GREEK 72 bipartisan membership who are com- Greece today. INDEPENDENCE DAY mitted to bringing the voices of Hel- Mrs. LOWEY. Mr. Speaker, today I am hon- The SPEAKER pro tempore. Under a lenic Americans to the floor of the ored to commemorate the 179th anniversary previous order of the House, the gentle- United States capitol, as we are to- of Greece's independence from the Ottoman woman from New York (Mrs. MALONEY) night. We continue to strengthen the Empire, and to celebrate the shared demo- is recognized for 5 minutes. voice of Hellenic Americans in pro- cratic traditions of Greece and the United Mrs. MALONEY of New York. Mr. moting legislation, monitoring and ar- States. Speaker, I too would like to join my ranging of briefings on current events Greece declared its independence on March colleagues, the gentleman from Florida and handing out information to all 25, 1821, ending nearly 400 years of domina- (Mr. BILIRAKIS) and the gentleman Congressional Members on such impor- tion by the Ottoman Empire and restoring a from Pennsylvania (Mr. GEKAS) in tant developments as the renewed democratic heritage to the very cradle of de- honor of the 179th anniversary that talks between Greek Cypriots and mocracy. marks the Greek’s national day of Turkish Cypriots, U.S. aid to Greece The special relationship between the people and Cyprus and the continued dispute of Greece and the United States has been re- independence, and I thank the gen- tleman from Florida (Mr. BILIRAKIS) in the Aegean. inforced throughout our country's short history. In the coming year, we hope to see Our Founding Fathers established this nation for organizing a special order each year to celebrate Greek Independence Day. peace and justice in the Aegean, and based on the teachings of ancient Greek phi- justice, finally, in Cyprus after so losophers and their struggle to build a demo- Greece had remained under the Otto- many years of illegal occupation and cratic society. And, in turn, the American ex- man empire for almost 400 years; 400 invasion. And we need to see not only perience inspired the Greek people in their years that Greek people were deprived peace in northern Greece, but the res- struggle for independence nearly 180 years of all their civil rights. Even under the toration of human rights to the many ago. threat of death, Greeks fought back by Our shared democratic ideals have formed continuing to educate their children in cultures and people suffering through- the basis of a strong and sustained friendship their culture, their language, and their out the world. between Greece and the United States, and religion. On March 25, we celebrate this As we celebrate the 179th anniversary even today, Greece remains one of our most courage; this the 179th anniversary of of Greek independence and the special important allies and trusted partners in the freedom and independence for Greece. bond of friendship between our two global community. I wish we had more to celebrate great countries, I would like to leave And the many contributions of Greek-Ameri- today, to be able to celebrate the re- my colleagues with a quote from Percy cans to shaping our society and building our turn of the Elgin Marbles to their Shelley, and he said, ‘‘We are all cultural heritage have been as critical to the homeland. The Elgin Marbles are mag- Greeks. Our laws, our literature, our United States as its friendship with Greece. nificent sculptures that were created art have their roots in Greece.’’ My district in New York has benefitted im- to adorn the Parthenon. Their detail So I join him and many others in not measurably from the many contributions of our and beauty are even more profound only paying tribute to Greek Independ- Greek-American community over the years. when one knows these sculptures were ence Day, but also the many contribu- I am proud to join my colleagues today in actually carved into the Parthenon tions of Greek Americans to our cul- commemoration of Greek Independence Day, itself after it had been constructed. ture here in America.

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.040 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1455 The SPEAKER pro tempore. Under a human rights standards and to respect When we turned this century into the previous order of the House, the gen- the ecumenical patriarchy of the or- 21st century last New Year’s Eve, 85 tleman from Texas (Mr. DELAY) is rec- thodox churches in Istanbul, also percent of American adults had a high ognized for 5 minutes. known as Constantinople. So as we school degree. (Mr. DELAY addressed the House. His look at history, we must also look at The big difference, though, was that, remarks will appear hereafter in the the current situation in the Aegean. back in 1900, a third of Americans still Extensions of Remarks.) But returning, Mr. Speaker, to the lived on the farm. They could get a f historical ties between Greece and the good job and support a family without United States, I should note that since having a high school degree. GREEK INDEPENDENCE DAY its liberation, Greece has stood by My grandparents did not graduate The SPEAKER pro tempore. Under a America in each of our involvements in from high school. My parents grad- previous order of the House, the gen- Europe; and America should continue uated from high school but did not go tleman from California (Mr. SHERMAN) to stand by Greece. Greece is one of on to college. Like many Americans, I is recognized for 5 minutes. only three nations outside of the Brit- was the first generation in my family Mr. SHERMAN. Mr. Speaker, it is in- ish Empire that has been allied with to go to college and get a college de- deed a pleasure to address the House the United States in every major inter- gree. while our presiding officer is a fellow national conflict of this century. But what was good enough for us and representative from the San Fernando what was good enough for our parents Valley, the area that can best be de- b 1930 or our grandparents is not going to be scribed currently as the center of world One out of every nine Greeks lost his good enough for our kids. And the rea- culture. Throughout the ages, however, or her life fighting the Nazis in World son is that Americans do not work on Greece has been the center of world War II. Through the Marshall Plan, the farm anymore, except for about 2 culture; and that is why I am proud to Greeks were able to rebuild; and the percent of us; and the jobs that will be join with so many members of the Hel- Marshall Plan stands as a monument available for our children who graduate lenic Caucus in addressing the House to the close relations between the in 2010, 2012 and beyond are going to be with regard to the 179th anniversary of United States and Greece. profoundly different than they were for Greek independence. Grease remains a staunch NATO ally us when we graduated from high Mr. Speaker, 179 years ago, on March in a region of grave concern and, as I school, in my case, over 20 years ago. 25, 1821, the Greek people declared their have noted, deserves American support. They are going to require more edu- independence, throwing off the yoke of Mr. Speaker, I would like to join cation, more technical training, the over 400 years of Ottoman oppression. with Greece and the Greek American ability to read and understand and Greek patriot Regas Fereos issued the community and the Hellenic Caucus in solve problems, which means that, if rallying cry of the struggle, shouting celebrating the 179th anniversary of we are going to make the 21st century that it is better to be free for an hour Greek independence. I look forward to just as much an American century as than to have 40 years of imprisonment working with my colleagues in the 20th century was, we need to re- and enslavement. strengthening relations with this im- commit ourselves as a Nation to public Greek freedom fighters looked to the portant ally. education. American revolution and American de- f In my hometown of Albuquerque, mocracy for inspiration, and adopted New Mexico, a third of our students do their own declaration of independence. The SPEAKER pro tempore (Mr. not graduate from high school. We At the same time, our Founding Fa- MCKEON). Under a previous order of the have one of the highest drop-out rates thers were guided by the democratic House, the gentleman from New York in the Nation. We can no longer afford principles that first arose in Greece, (Mr. GILMAN) is recognized for 5 min- to let any child lag behind; and so we and they took to heart the Hellenic utes. have to recommit ourselves as individ- ideals of ancient Greece, the birthplace (Mr. GILMAN addressed the House. uals, as parents, as teachers, as admin- of democracy. His remarks will appear hereafter in istrators, as communities, and as a Na- This is a day for us to reflect on the the Extensions of Remarks.) tion to make sure that, by the end of vital alliance between Greece and the f the next decade, 95 percent of our chil- United States and to pay our debt to dren graduate from high school and EDUCATION SAVINGS ACCOUNTS Hellenic ideals and to Hellenic culture. three-quarters of them go on to college It is a day for Greek Americans to take The SPEAKER pro tempore. Under or technical training or into the mili- pride in the independence of Greece the Speaker’s announced policy of Jan- tary. We need to commit ourselves to a and in the ancient culture of all uary 6, 1999, the gentlewoman from decade of dreams for public education. Hellenians. New Mexico (Mrs. WILSON) is recog- The bill that we are going to consider Mr. Speaker, as we take note of nized for 60 minutes as the designee of on Thursday is really only one little Greece’s great victory in its war of the majority leader. piece of that dream, but it is designed independence, we must also remember Mrs. WILSON. Mr. Speaker, I am the to encourage private investment in that there remain problems in the east- gentlewoman from Albuquerque, New education and savings by parents and ern Mediterranean, problems between Mexico; and I have been asked to lead families and even corporations to in- Greece and the successor to its former a discussion this evening about a bill vest in public schools and public edu- colonial master, Turkey, the successor that will be coming to the floor of the cation. to the Ottoman empire. We must work House this week. The bill is H.R. 7, and What does this do? It is called H.R. 7, to bring peace to the Aegean and the it is about education savings accounts. and it is the Education Savings and eastern Mediterranean, and to do that What I would like to do tonight is School Excellence Act. But it builds on we must deal with some of the remain- talk a little bit what about they are, something that is already in public ing problems. how the current law is set up with re- law. A Greek-Turkish dialogue can go for- spect to education savings accounts, Back in 1997, which was before I was ward, and I and my colleagues, so and what the proposed changes are elected to Congress, the Congress many of us, have called upon Turkey to that we are going to be considering on passed a law to establish education stop making invalid claims on Greek Thursday. Because there is quite a bit savings accounts. sovereign territory and take respect of misperception about what these So what is an education savings ac- for international law regarding the Ae- changes will do. But before I do that, I count? About 110 million Americans gean. would like to try to set this in the con- now have IRAs. To put it in its sim- We have passed the Peace in Cyprus text of where we need to go in America plest terms, an education savings ac- resolution, which calls upon a full with respect to public education. count is an IRA for our kids’ college withdrawal of Turkish troops from In 1900 in this country, at the turn of education. The way that the law works Greece. We must also recognize the im- the last century, 15 percent of Amer- now is that we can put money into an portance of having Turkey adhere to ican adults had a high school degree. education savings accounts, into one of

VerDate 20-MAR-2000 04:25 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.105 pfrm06 PsN: H28PT1 H1456 CONGRESSIONAL RECORD — HOUSE March 28, 2000 these education IRAs, every year, up to sidized tuition, that is not going to go principal supporters and sponsors of $500, we can put into this account for very far when it comes to tuition and this piece of legislation, and I yield each child that we have up to the age room and board and books and fees to some time to him since he has worked of 18. pay for college. so hard on it. When that child turns 18, they cannot So the first thing that the bill will do Mr. HULSHOF. Mr. Speaker, I appre- keep contributing into that account, that we are going to take up on the ciate my friend from New Mexico yield- but then the child can use that money floor here on Thursday is to change ing and especially for taking the initia- that has been saved while he has been that from allowing $500 per child in tive to really focus on what I believe growing up to go to college. savings every year to allowing $2,000 should be a national dialogue, and that Now, they can use the money for a per child, the same that we do now for is the education of our kids. private college or a public college or regular IRAs. I am not embarrassed to admit that I even a technical school as long as they Now, what will that mean in terms of am a 5-month-old parent. And, of use the money before they turn 30. So the amount that a family can save? course, as a new parent, one’s atten- a parent can put $500 a year, a kind of Well, there have been some folks who tion begins to focus maybe on different annual Christmas present to put in the have done some analysis on this and priorities. I know in our household we education savings account to save for have gotten out their stubby pencils have, and we have begun to think college. And the money that goes into and computers to do interest rates, about the education of our daughter it, they have to pay the taxes on the which I do not do very well. But if a Casey Elizabeth. money that they earn to put in in the family started saving $2,000 a year from Here in Washington, as my friend first place, but as the money sits there when a child is born, by the time that knows, too often I think we begin to in that education IRA, they do not child is in first grade there will be over focus on or define our Nation’s edu- have to pay taxes on the interest that $14,000 in that account. By the time cational success by how many dollars it earns. So the interest accrues tax that child reaches middle school, there that we put toward public education. If free. will be $36,000 in that account. By the that were the yardstick, then I think Now, the money that is saved up in time they get to high school, assuming the Republicans here in the House de- that education savings account can be that they had not used it already in el- serve great credit. Since 1995, public used for tuition or fees or books or sup- ementary and middle school, there funding education has been increased plies or equipment and, in some cases, would be $46,000 in that account. by 27 percent over those several years. for room and board, as long as it quali- If that family put in $2,000 a year and But that is not how I think we should fies under the rules, but only for post- did not withdraw any of it, by the time define educational success. To me, it is secondary education, post-high school. that that child graduated from high much simpler than that; that success is It can be used for college. And it does school and turned 18 years old, was a defined by how much our children not matter if it is a public university college freshman, they would have al- learn. And, of course, I think key in or a private university or religious most $72,000 in college savings; and that is trying to get parents to become school, as long as it is for post-sec- that would all have accrued with the more involved in the education of their ondary education, public, private or vo- interest tax free. $72,000 is a pretty kids. cational. good chunk of change to save for col- Now, as my colleague knows, as a So that is what education savings ac- lege and is something that I think mother, we cannot pass a law in this counts are. They have been in place as most Americans would like to have body that mandates parents’ attend- part of public law since 1997 in this when their son or daughter gets that ance at PTA meetings. Some wish country. important acceptance letter to go to maybe we could force that mandate on There have been two previous at- the school of their choice. families, but that is not the role of the tempts to expand education savings ac- So it would expand the ability to Government. But I think there are counts in important ways. Both of the save, and it would allow that savings things that we can do. And as my attempts were bipartisan efforts. In to accrue at a higher rate so that it is friend has talked about, the bill that both cases, they were vetoed by the more reasonable by the time that we have on the floor on Thursday this President. somebody finishes high school and gets week, H.R. 7, I think is a key compo- We are going to go back at it again. ready to go to college from an ex- nent. It is not the answer to all of our The principal sponsors of this piece of panded $500 per year per child to $2,000 educational problems; but I think as legislation on the Senate side are Sen- a year per child. far as parental control, we do provide ator TORRICELLI and Senator COVER- Now, the second thing that this bill some incentives, yes, through the Tax DELL of Georgia. Those two men have will do on Thursday that we are consid- Code. really led this effort to try to encour- ering and probably the most controver- Our idea of this bill is very simple. age savings and expand education sav- sial aspect of it is that it would allow We think that the Federal tax should ings accounts for more Americans. these education savings accounts to be be eliminated if they are saving for So what are the problems with the used not just for college tuition but for education. As my colleague was point- current bill and where do we want to tuition and fees and expenses associ- ing out just a few minutes ago, current go with this bill that we are going to ated with education for kindergartners law that this President signed into law, be considering on the floor of the through 12th-graders. That is a big this education savings account, says House this Thursday? change, but it is also I think an impor- that up to $500 a year can be contrib- Right now, a family can only put $500 tant change. uted by a family member into an ac- a year per child into an education sav- The reality is that most parents con- count. ings account in order for it to get the tribute to their child’s education b tax benefits, to not have to pay taxes around the edges, whether it is tutor- 1945 on the interest in that account. $500 a ing or summer school or buying books But as you also very ably pointed out year is not a lot of money when we for the classroom or participating in that even if, let us say, over the course consider how much college costs have the fund-raiser to buy new equipment of the lifetime of your child, from the escalated over the last 20 years. for the playground. moment they were born every year Indeed, if a family puts $500 a year Encouraging that kind of savings and until they go to college, the money starting when a child is born and does investment in schools and giving peo- they would have saved for college is that every year until they are 18, even ple a tax break for doing that is a good about $15,000 and that is assuming com- 1 if they get 71⁄2 percent interest or so, thing, and we should expand that abil- pound interest at about 7 ⁄2 percent. So they really are going to only have ity to save and invest in public edu- I think first and foremost, we have to about $15,000 in that account by the cation from kindergarten through 12th sort of take that limit off to really en- time the child turns 18 and is likely to grade. courage parents to be saving even more go to college. I see one of my colleagues, the gen- for the education of their kids. Well, unless they are going to a State tleman from Missouri (Mr. HULSHOF), To me, the perfect bill that the Presi- university where they get State sub- has joined me here and is one of the dent should sign into law would be,

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.109 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1457 number one, an elimination of the mar- So this change that we are looking at Budget Office along with the Com- riage penalty tax; and since most of Thursday is going to do a couple of mittee on Joint Taxation, says that we that is about $1,400 more per couple, things: Will go from $500 to $2,000 for will have additional resources com- then that family with children can the amount you can save per child per mitted to the education of our kids plug that money into an expanded edu- year. Will expand it, not just college coming from the private sector, that is, cation savings account. As you pointed expenses but kindergarten through coming from families that we do not out, the point is saving for higher edu- 12th grade as well. Expenses so that if see now. In fact, they tell us some of cation is important. it is tuition or fees or materials or sup- these numbers. Fourteen million fami- And yes, perhaps the controversy in plies or computers, whether they are in lies would benefit from this expanded this bill as we are probably going to a public school, private school, home savings account, and about 11 million hear in less measured tones as we de- school, it does not matter. It would be of those families have kids going to bate this bill in the next couple of days kindergarten on up. public school. So, in other words, we is, we think that elementary and sec- The other interesting change, I think are committing even additional re- ondary education expenses should qual- this is an important one when we talk sources from the private sector, from ify. If your first grader is having a about investing in education beyond the families for education expenses at tough time reading, why not use the what the government does at State, the elementary and secondary edu- proceeds of an education savings ac- Federal and local levels, is that it will cation level. count to maybe purchase Hooked on allow corporations to contribute to Phonics to help bring your child up to education savings accounts. The cur- The other point I would make, cur- the reading level that he or she should rent law says that parents or family rent law restricts education savings ac- be in a particular grade. If you are hav- members can put money in a child’s counts to be used just for public col- ing trouble with math, maybe a home name in an education savings account. lege, obviously a worthy goal, higher computer or a computer program that But this bill will expand that and say education, but that means education might help a child learn math better, that if your employer wants to make savings accounts are useless in address- or maybe a foreign language. It could an annual contribution to the edu- ing problems that are being experi- even be expenses like car pooling or cation savings accounts for the chil- enced in elementary school or in high transportation expenses. The beauty of dren of its employees, it would be al- school. And so while you may try to an expanded savings account is, it is lowed. get to college, it might be that if we not the government saying how money You can very easily see where that could have parents working with teach- should be spent. It is the parents. I will become a potential corporate ben- ers as allies in the lower grades, then think what a powerful ally that a par- efit that employees will look for, just children will be more prepared to enter ent can be working with a teacher in as they look for health benefits and college. So I think it is a little bit of a addressing the special needs of that other kinds of things when they decide myth as far as the argument on the particular child. who they are going to be working for. other side that somehow we are taking Mrs. WILSON. I was just sitting here I think that that provision could en- money out of the Federal education thinking about the tremendous oppor- courage corporations to really make system. Just the contrary. We are com- tunities and possibilities that this those contributions, and that is par- mitting more private funds, that is, brings for more parents who are trying ticularly important for families that private savings funds committed to the to work with a teacher, whether that may not be able to save that full $2,000 education of our kids, both primarily teacher is in public school or private a year, but their employer is going to in public education and yes, perhaps school or parochial school or wherever, help to make up the difference. private education or even home school- to meet the individual needs of that Mr. HULSHOF. If the gentlewoman ing. The idea is simple. We do not child. It is not unusual for a teacher to will yield on that point, not just busi- think any child should be discrimi- say, well, we think this is what your nesses and corporations but not-for- nated against based on where he or she child needs and he is not a special ed profits would also be allowed under chooses to attend school. kid but there are some additional ma- this expanded savings account to pro- Mrs. WILSON. This issue of, well, terials or some additional help that vide a contribution as you have sug- would it be draining resources from the might be available and to be able to gested, perhaps for that low-income public schools in some ways. There are use tax-free money to do that so that child. It could be a church who might some people who disagree with this, you are reinforcing what the teacher establish on behalf of a parishioner an but we have for many years in this and the school are trying to do with expanded education savings account to country used the Tax Code to encour- your child so that they can learn and really provide an incentive for that age people to do things, to encourage achieve, whether that is kids who are child to continue to go on. people to make choices, to encourage gifted or kids who are having a little One of the arguments that I hear and people to save for their retirement, to bit of trouble or even if your school probably that we will hear more over encourage people to invest and buy a does not have a foreign language pro- the course of the debate on this bill is home. gram and your child is particularly in- that allowing, and again we are talking What we are doing in this bill with terested in it, or there is not music about the interest buildup or the earn- the Tax Code is encouraging them to available at the elementary school ings, first of all these are after-tax dol- invest in the education of their chil- level and you can bring music into the lars going into an education savings dren. While some people disagree with schools, whether it is parents getting account and then the power of com- using our Tax Code that way, I have to together to do it or a parent doing that pound interest being used to create ad- say that I think it is a noble goal. The individually alongside the school and ditional earnings, we are talking about folks who work at the Joint Committee wrapping educational experiences allowing those earnings to accumulate around a child. tax-free if used for a qualified edu- on Taxation have estimated that this All of us have looked at, what are we cation expense. kind of a program based on what is going to do this summer. What besides Now, one of the arguments against happening in other similar kinds of tax Little League or AYSO soccer or swim elementary and secondary education changes would result in $12 billion of lessons are we going to do this sum- expenses is that only the affluent, or investment in our schools that is not mer. There are tremendous opportuni- we are taking money away from public there now. $12 billion nationwide, 70 ties for summer school for kids, wheth- education. I think as my friend from percent of which would go to kids who er your child needs some extra help or New Mexico has the chart right next to are in public school to wrap those addi- whether it is that enrichment oppor- her, it speaks volumes. The reductions tional things around them that maybe tunity that you have really just been that we would see in Federal education the public school just could not di- working for and saving for. If parents spending would be zero. No money rectly afford but parents working to- are willing to work and save for that would be diverted away from public gether with teachers might be able to opportunity, we should not be penal- education. do. I think that that is a noble goal. izing them by taxing them before they In fact, the official scorekeeper that There is one other change in the bill do so. we work under, the Congressional that I think is worth discussing a little

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.112 pfrm06 PsN: H28PT1 H1458 CONGRESSIONAL RECORD — HOUSE March 28, 2000 bit. Right now, many States have pre- County, Missouri in the Ninth Congres- of the full House. I look forward to the paid tuition accounts for State col- sional District on the April ballot, we debate. I hope we can have the debate leges. New Mexico has that kind of a will be going to the polls to decide a on policy; and I hope the rhetoric does system where you can decide to save bond issue as it appropriately should be not get too harsh or hot, although that pretax and prepay your tuition if you done at the local level. may be asking for a lot; but nonethe- are sending your child to UNM or New But what we also do is provide in this less, I urge, Mr. Speaker, my col- Mexico State. There are probably 20 or bill relief from some of the complicated leagues to support H.R. 7 when it gets so States that have similar things set rules called bond arbitrage rules that to the floor. I thank my friend for up under State law. both States and localities use when yielding me time this evening. Under the current Federal law, you they make that decision, when they go Mrs. WILSON. Mr. Speaker, I thank are not allowed to take advantage of to the local voters and decide whether the gentleman from Missouri for his the education savings account if in the to renovate or to build or modernize leadership on the Committee on Ways same year you are taking advantage of their school structures, we provide and Means, the tax committee that the prepaid tuition account that your some relief for them. That is also in deals with these bills. I also congratu- State may offer. In other words, you this bill. Finally, we encourage the pri- late him on being a new father. I know cannot do both for the same child in vate sector to donate computers to that that brings a real focus to his the same year. schools. And so we have that provision commitment to a great education for The piece of legislation that we will in H.R. 7, as well. Probably not as con- all kids in this country. be voting on on Thursday eliminates troversial as some of the other things Now we are joined here tonight by that restriction. So if in New Mexico I we have discussed. one of my other colleagues, the gen- have a child that I am determined is As a final point, and I see we have tleman from Pennsylvania, and I would going to be a Lobo when he is 18 years got one of our other classmates here, be happy to yield him some time to old and go to the University of New then I will yield to the two of you. You talk about this issue. Mexico, I can make a prepaid tuition mentioned the policy, and I want to Mr. PETERSON of Pennsylvania. Mr. contribution but I could also be saving talk about the policy, about using the Speaker, I thank the gentlewoman money in the education savings ac- Tax Code for certain incentives. Let me from New Mexico, and I congratulate count in that same year. It allows par- tell you why I think that it is just good her on her efforts tonight to talk about ents who are committed to making policy generally to encourage savings. this issue. I have been listening to both those contributions up-front and mak- Right now, and for those, Mr. Speaker, the gentlewoman and the gentleman ing those savings up-front to do both that may be wrestling with their 1040 from Missouri discuss this issue and under Federal law for one and under forms and maybe have C–SPAN on in my first thought is, how could anybody the State tax law for the other. the background, if you look at your be against this. Why would anybody Mr. HULSHOF. In addition, and that 1040 form on line 8A and line 8B, you oppose this? The gentlewoman has is so critically important, what a pop- plug into, as far as part of your taxable talked about all of the new changes, ular idea that is in place in your State income, your adjusted gross income, expanding the limits, the usability, and and in other States as far as prepaid any interest you may have earned, tying it into the State prepaid pro- State tuition plans, to be used again as whether on a certificate of deposit, grams that are already out there. All a tool focusing on higher education. whether it is on a savings account, the of that makes sense. Here are a couple of other perhaps old traditional savings account or any But I think we ought to talk a little noncontroversial measures in H.R. 7 dividends you receive, you have to add bit about why the President and the that I think deserve some mention in that obviously to your taxable income Vice President are opposed to this leg- addition to the prepaid tuition plans, according to current law and Uncle islation and why they have vetoed this ending that taxation on both public Sam wants his share. legislation twice. It just seems incred- and private plans. We also help those b 2000 ible to me that anyone could be op- that are saddled with heavy student There is no wonder that we are the posed to this legislation. loans. How many of us in this body per- lowest savings Nation among industri- The interesting part, I find, is that haps have used student loans to invest alized countries. We have already when it comes down to the parents and in ourselves in education to maybe go precedent in existing law. We encour- the families who have accumulated on to higher education or to post- age people to put aside money after tax this money to prepare for their chil- graduate studies. What we do to try to dollars for their retirement, with the dren’s future, someone in government give some relief to those under that Roth IRA, a very popular idea. That is, wants to tell them what they can pur- heavy burden of student loans is that one puts aside one’s after-tax dollars, chase and what they cannot purchase. we continue, we expand the student de- it accumulates interest or earnings, It just seems so incredible. duction, the loan interest deduction and then it is not taxed when used for I am a product of public education; under current law, we expand that, retirement. my children and grandchildren are allow more time for that deduction to We had a provision that we sent to going to public education, I think as be made possible. the President called the SAFE Act that the vast majority of Americans do. But In addition, there is a lot of discus- would shield about the first $500 of in- it seems so farsighted to think that if sion about school construction. Inter- terest or dividend income again, to parents would choose on how to spend estingly as we debated this bill in our help the small or moderate investor, the money they have saved, their fami- committee, in the Committee on Ways not the Wall Street types that make a lies have put together, would be some and Means last week, we had a rep- living at investment, but really trying threat to public education. But we resentative from the U.S. Treasury, ob- to help middle-class families. know, because twice the President and viously from the administration, and I Along that line, this education sav- the Vice President have vetoed this pointed out in a document that was ings account, I think, falls right in legislation because of that fear. printed in 1996 that the statement of that good tax policy, and that is trying I would use the example of maybe a the administration was they believed to provide this incentive to encourage young lady or a young gentleman that the construction of schools is a local people, especially families, to plug is in high school preparing to go to a initiative. Yet I guess over the course away more money, whether it is put- certain college, and they find out they of the last couple of years, we have ting nickels and dimes or a monthly need to strengthen their English and so suddenly changed or at least the White set-aside from their paycheck into an they want to take honors English, and House has changed into thinking that education savings account for their maybe nobody in their family is really suddenly school construction and mod- child or children. Again, what could be good in English so they go down the ernization should be a Federal initia- more of a worthy exercise than to in- street and hire a tutor so that they can tive. Without getting into the merits of vest in your own children’s future, not get into the college, get into the pro- whether it is a State, and I happen to rely upon the Federal Government? gram they want. I am constantly talk- think it is a State and local initiative, Again, I commend the gentlewoman ing to parents who are dismayed be- in fact in my home county, Boone for bringing this issue to the attention cause their kids have good grades, but

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.113 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1459 some weakness that prevented them We are talking about education sav- middle school and high school and joins from getting the courses at the com- ings accounts and a bill that is going the band and really gets committed to petitive university that they wanted to to be on the floor this Thursday. It is music and wants to take private les- go to, and why they could not use a lit- called H.R. 7, and it would expand cur- sons in addition to playing in the band tle bit of their savings account to hire rent law which allows education sav- or the orchestra. It seems to me that if a tutor down the street who might not ings accounts only for college expenses one is willing to support that, one have been in the public school system, and only allows a 500 per-ear, per-child should have the option to use tax-free might have been a university professor contribution. The bill we are going to money to do that in an education sav- down the street who would be glad to consider on Thursday has already ings account. assist. It just seems incredible to me passed the Senate; a very similar bill So that is one myth, that it is for the that anyone would fear people saving has passed the Senate. It passed the rich. It is not. The rich do not even their money to be able to use it for how first week of March, so now this is our qualify, and 70 percent of the folks who they want to educate their child in opportunity in the House to do the are going to benefit from this make some small way, other than the public right thing with respect to allowing less than $75,000 a year, hardly rich in system. families to save for education. America. Mr. Speaker, I know that when we I would like to talk a little bit about The second myth is that we are going debate this bill in a day or two, that some of the myths and some of the at- to deplete money from the public will be the big issue, that this bill will tacks that this legislation has been schools, that this will all be taken be destructive to public education. subjected to. I think we are probably away in some way for the public Nothing could be further from the going to hear more of it over the next schools. That is just absolutely flat out truth, because as parents plan and fam- couple of days here in the House. But not true. Frankly, I got involved in ilies save, sacred to education is family the thing that bothers me about it is public life because of a commitment to involvement. And if we have families that it is like throwing chaff, it is just public education and a belief that we involved, putting a little away for their trying to throw any argument out have to improve public education and grandchildren, their nieces and neph- there, even if it is not valid at all, just make sure that all of our kids are bene- ews, or an employer who is very futur- to try to block the legislation, when fiting from public education. istic and says I would like to help with The idea that doing something like your children’s education, I mean these really a lot of it just is not true. I want this would take away from the public are all the sorts of things, helping to talk about it a little bit. One of the major attacks on this schools really bothers me. I find that Americans to be self-sufficient. Middle-class America can only get piece of legislation is that it is just an- myth to be personally offensive, par- loans. If you have a decent income, you other tax break for the rich. I think ticularly given that we just passed a only get loans; you do not get grants, that that sentence is etched in marble budget last week that will increase, yet and college education is becoming somewhere around Washington. What- again, the Federal commitment to edu- more and more expensive. Young peo- ever we want to do, it is just another cation. Mr. Speaker, almost 10 percent ple and families are indebted for years. tax break for the rich. The reality is this year in increased funds to edu- I have staff people who have been out that one cannot even qualify for an cation. Now, that is more than our of school for a long time and still have education savings account if one’s fam- State government has been able to do big education loans, paying on them ily income, it starts to phase out at for the last several years, and we will monthly, because they made the effort $150,000 a year. So this is for that sec- continue our commitment to funding to get a good education, grants were tion of folks who are middle-income schools. But we should also do things not available, they had to borrow all of Americans, the ones who do not qualify that encourage corporations and non- the money, did not come from a family for the grants, the ones who are look- profits and parents to save and invest with cash, did not have the money in ing at huge college loans or incredible in public education too. That is, I the bank. This will enable a lot more expenditures, particularly when one think, good public policy. Americans to participate in the higher gets more than one kid in college at The quote here that I have up next to education system. It also will help the same time, who want to plan for me is from United States Senator BOB them in the elementary years if they that in advance. TORRICELLI, who is one of the principal need some extra help, or if they need to So the Joint Committee on Taxation sponsors in the Senate. He makes it go to a special school to strengthen art looked at this and their estimates are very clear: this is using private money. or strengthen music so that they can that 70 percent of the people who ben- It is using a family’s own resources. By get into the famous program at some efit from this have a family income of our estimation, after 5 years, $12 bil- university that they want to get into. less than $75,000 a year. This is about lion in private money will be used to It will help them. saving for middle-class kids. It does educate children kindergarten to 12. To take away the options of parents not affect the wealthy kids at all, real- This cannot be a bad thing. Yet, crit- like the President and Vice President ly. ics argue it is a diversion of money want to do, in my view, is the basic ar- The other interesting thing about from public schools. Not one dime of gument. This whole thought concept is that analysis is that three-quarters of money that is now going to a public getting people to save for their future the kids are going to be going to public school goes anywhere else but to that and the future of their children. I just school. It is about giving families the same school on that same basis. This is find it incredible that anyone would incentive to save and wrap things new money, private money, a net in- think that we should then control how around kids that the public schools crease of $12 billion in education. That parents spend that money. Yes, they may not offer. has to be a positive thing and it does should spend it for educational efforts, It is science fair season in New Mex- not take a dime away from the school but whether they would hire a private ico. I do not know how that is in Penn- in your neighborhood. tutor or whether they would go to a sylvania, but it is a really big deal in Mr. PETERSON of Pennsylvania. Mr. private school for a short period of New Mexico. My son is in kindergarten Speaker, if the gentlewoman would time or in the summertime take some in a public school in Albuquerque, and yield, if my math is still good, 75 per- summer classes and not be able to use he is doing his first science fair project. cent of $12 billion would be those who money out of their educational savings It is not that big a deal in kinder- oppose this legislation for the reasons accounts if they did not have the cash garten, but for some of these kids who we have talked about, their fear, are available just seems incredible to me. I are in middle school and high school, saying no to $9 billion that would flow will never understand the fear of giving some of these science fair projects are into the public educational system Americans a choice once they have had both a huge commitment of their time, from private families, not government the foresight to save for their chil- but also a fair commitment in re- money, but private money would say dren’s education. sources too. Would it not be nice to be no to that because they could not be Mrs. WILSON. Mr. Speaker, I thank able to use tax-free dollars that one guaranteed every dime of it. the gentleman, and I appreciate his had been saving for those kinds of ex- Mr. Speaker, I had a father yesterday comments here tonight. penses, or when one’s kid gets to be in just really upset because his son was

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.116 pfrm06 PsN: H28PT1 H1460 CONGRESSIONAL RECORD — HOUSE March 28, 2000 unable to attend a Pennsylvania col- I find it amusing that we could say are corporations or whether they are lege that he and all of his family had that the current law, which allows edu- parents trying to plan for the future of graduated from. He had very high cation savings accounts to be used in their children. grades, but he was weak in art and saving, and a child can go to Notre The final myth is that what this real- music. And if he would have known Dame, but it would be unconstitutional ly is about is encouraging folks to that, he would have had him tutored, to use that same money to send that leave the public schools; that this will but he had taken all the art and music child to St. Pious High School, which somehow make it possible for a kid that was available to him. But for is a Catholic high school in my dis- who is in third grade in Albuquerque to some reason, he, being unaware of that, trict. It is fully constitutional and go to St. Mary’s, rather than to the was unable to enter the program at the complies with all of the constitutional local public school. That may happen school of his choice. His grades were mandates for use of public funds. on the margins, but frankly, it is really just under 4.0, so it was not the total, This is not about vouchers, though probably not enough to make that hap- it was the lack of some special needs. some people are going to argue that, as pen in a large sense. If that is what Here is a situation where they could well. If we are allowed to take money works for that kid, I am not sure that have used some of the money they had after we have paid taxes on it and put that bothers me at all. put away for their children’s future to it in an account so it can accrue inter- We are not going to see, no matter prepare him so that he could enter the est without paying taxes on that inter- what we do, a huge exodus from the field. est, that is our money. We use that public schools. The reason is that par- I do not think that is uncommon. I money. The only thing that is different ents want a great school in their neigh- hear a lot of parents talking about how about it is that they are not going to borhood. They want to be able to have their children are doing wonderfully, take the taxes on it if we say we are their kid walk to a school that is safe, but there is something missing in their going to use that money to invest in that will educate them for the 21st cen- local school program to allow them to our child’s education. tury. They do not want to abandon the be prepared for some very competitive That is the only thing that is going public school system any more than we national programs where they may on here. This is not about taking pub- do in this body. But what they do want only take 30 a year from across the lic money and funding private or paro- to do is be able to spend some money country, and to enter that select rank, chial schools. So I think that that is an on their child’s education without they have to have all of the credentials important myth that we are going to being penalized for it under the Tax that that university requires. In those need to deal with over the next couple Code. Mr. PETERSON of Pennsylvania. Mr. situations, they talk about again tax- of days. Speaker, if the gentlewoman will yield, ing the rich. The middle class, many of I think there is another myth, too. It she mentioned the IDEA funding, spe- them are so dedicated about preparing is really kind of the one that is not cial education funding. I think Con- their children for their future and real- spoken. We might as well just come gress has really stepped up to the plate ly sacrificing. right out and say it. there. b 2015 There are folks who believe that When this legislation was passed, I have had friends who really were there is a desire to fund these kinds of special education is a mandate that poor for a decade, and yet they had a things and not public schools; that every child receives the same kind of good income because they had two and what this really is about is about education, the same quality of edu- three children in college at the same changing the debate and changing the cation. Some people with serious prob- time. By the time they wrote those tui- flow of funds and abandoning public lems are a lot more expensive to edu- tion checks year after year after year, education. cate than those who do not have those they were driving a much older car Nothing could be further from the difficulties. than they used to, they were going truth. I think this Congress over the Yet, just back in 1996, if I look at this without any new furniture, they were last 4 or 5 years has reaffirmed its com- correctly, we were only paying 3.5 per- taking smaller and shorter vacations, mitment to great education in this cent of special education costs. If my but their priorities were to educate country and great public schools in memory is correct, the legislation that their youngsters. They can call them this country, because every one of us in was passed by this Congress before that rich because they have a good income, this room, no matter what party we be- some years said we would pay 40 per- but by the time they pay three college long to, benefited from public edu- cent of the costs of special education. tuitions, they are poor when it comes cation, for the most part. There are We were at 3.5, and I think we are up to spending dollars for other things. some folks here on both sides of the to, looking at that chart it is a little So I guess I still go back to the turn- aisle who went to Catholic schools, but hard to tell, it is over 6. So we have al- ing away of $9 billion of investment in we all know that America would not be most doubled the Federal commitment. public education because $3 billion the great Nation it is today without a These are dollars that follow the stu- might go to private education. That strong public school system. We have dent and go to all of our schools. That seems to me to be very shortsighted known that in this country, that de- is not true of all Federal money. Much and just not having one’s eyes on the mocracy cannot thrive without a great of the Federal education dollar is not ball and not looking at this in the big system of public schools. spread equally across this country. picture. Because we all know that pub- The biggest chunk of Federal funding Some large urban districts do pretty lic education, probably in our lifetime, for education here goes into special ed, well. There are a few suburban districts will continue to provide the education the IDEA funds. I think it is important which do pretty well. I have lots of dis- for most of our youngsters. to talk about a few facts here on the tricts that get 1 percent of their fund- Mrs. WILSON. I thank the gentleman commitment to education. ing. Yet, we say we are funding 6.8 per- for his comments. The brown bar here is what the Presi- cent of education. There are some other myths I think dent has requested since 1996. In every So the biggest frustration I have had we are going to hear some more about. single year, Congress has appropriated with Federal programs is the com- There is one that the gentleman start- more funds for special education than plexity. To reach them, you have to ed to touch on. That is the issue of, has been requested in the President’s have consultants or you have to have well, this will just mean that money is budget. We will do that again this year. specialists on your staff. My rural going to private schools and it is going In the budget resolution we passed last school districts often do not have an to go to parochial schools, and not only week, we will increase special edu- assistant superintendent, let alone a is this wrong as a matter of public pol- cation funding this year by $2.2 billion, grantsman. They do not have edu- icy, but it might be unconstitutional. and $20 billion over the next 5 years. cational consultants nearby, because it That is also, I think, kind of a red her- We are committed to a great system of is rural. So many of my districts have ring. This passes all of the constitu- education. no idea how to apply to the hundreds of tional tests because the benefit accrues But that also means doing things Federal programs that are available, to the family and the child. They de- with the Tax Code to encourage others and do not have the expertise to do cide what to use that money for. to be equally committed, whether they that.

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.118 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1461 I will find an occasional anomaly Just to sum up before the hour ends mitment to public education and our where you will have a school super- here, we have been talking about the commitment to our kids in the 21st intendent who worked in a suburban education savings accounts. We are century. What was good enough for us district who was very good at getting going to be having a bill on the floor of and what was good enough for our par- Federal money and he brought that ex- the House on Thursday about edu- ents and for our grandparents is not pertise to the school with him, but cation savings accounts. They exist going to be good enough for our kids. that is the rarity. That is not common. under current law, but they are limited We need to redouble our efforts and re- With the IDEA, when we fund that to only $500 a year per child. They can double our commitment to education instead of another Federal program only be used for college expenses. for our children. such as construction of schools, which We would like to make some changes Ten years from now, I hope that we would have only gone to a few schools to that. The Senate has already passed are standing here able to celebrate the in this country, the average school a bill, and we are going to work on it reality that 95 percent of our kids are never would have seen it, which would and hopefully pass it here on the floor graduating from high school and three- have complicated the process, which of the House on Thursday, that would quarters of them are going on to col- would have made building of schools do a couple of things. It would allow lege or technical school or into the more costly, we need to free up those you to save not $500 a year per child military. Federal education dollars and get them but to put $2,000 per year per child into We are not there yet, but we cannot into the classroom, and get away from that account and allow it to grow, afford to leave any child behind. No all the bureaucratic mumbo-jumbo allow the interest to accrue without child must be left behind. We have to that is there. paying taxes on that interest. narrow the gap between rich and poor But back to the issue that we were We are going to try to extend it from and black and white and brown, be- talking about, the education savings college expenses down to kindergarten cause in America, we will not have a accounts, again, it is our chance to through 12th grade and college ex- 21st century that is an American cen- give people a chance to prepare for penses, so it can cover tuition or tutor- tury, just as much as the 20th was, un- their children’s education and have ing or supplies or computers or books, less we do. some money set aside that can grow whether that is for a child in public b 2030 tax-free. They have paid the tax on it school or private school or parochial first, but it can grow tax-free. Then school or home school. I want to thank my colleagues for they can choose to use it when they The estimates are that 70 percent of joining me here this evening. feel it is necessary and they cannot af- the kids who are going to benefit from f that at the elementary and secondary ford it out of their general income. THE NEED FOR MEDICARE PRE- Under the President’s and the Vice level are going to be in public school, and that parents will use those funds to SCRIPTION DRUG BENEFITS AND President’s plans, we might have some- OTHER VITAL ISSUES one who is a senior. The parents do not wrap things around a child that they have the money for a special needed may not be getting, or they may be The SPEAKER pro tempore. Under program so their daughter or son could having trouble with in public school. the Speaker’s announced policy of Jan- The third change that the law is go to a certain school of their choice, uary 6, 1999, the gentleman from New going to try to make on Thursday is to and they would miss that opportunity, Jersey (Mr. PALLONE) is recognized for let corporations or nonprofits con- because it would be somehow wrong for 60 minutes as the designee of the mi- tribute to education savings accounts nority leader. them to choose to pay for that program set up for low-income kids. One of the that would prepare them for their col- Mr. PALLONE. Mr. Speaker, this criticisms is that there is really no ad- evening, I would like to talk for a little lege education. vantage to this if you are low-income Again, as I said when I had listened bit about the issue of a Medicare pre- or low enough income that you are not to the earlier discussion, as the gentle- scription drug benefit, because I be- paying taxes. lieve that it is imperative that this woman began this evening, how any- Of course, those generally are the Congress, this House of Representa- body could really oppose this bill, how kids who qualify for the grants to go to tives in particular, pass a prescription anybody could be fearful that this is college in the first place. It is middle- drug benefit that is affordable and that going to crush public education or income families that are really every American, every senior citizen, harm public education when it has the strapped when it comes to paying for everyone that is eligible for Medicare, potential of contributing $9 billion to education expenses. public education is just not being hon- The other thing that the change will would be able to take advantage of. est. do is for those States and for those Mr. Speaker, so far we hear the Re- I think when we have this debate on families who are making pre-paid col- publican leadership talking about the Thursday, I hope that people will be lege tuition payments who have set up need for a prescription drug benefit in honest, because if they are honest they an account to go to State school, as the context of Medicare, but yet we will not be making those kinds of many States already have, they would have seen no action. No action in com- statements. Allowing parents to save be able to contribute to their edu- mittee, no action on the floor in either their money and let it grow and then cational savings account for that child, House. spend it on their child for educational also. They would not have to choose ei- President Clinton has rightly pointed purposes that they think is appropriate ther one or the other. That change will out that the government must sub- is exactly how America should func- be in the law that we hope to pass on sidize drug coverage for all Medicare tion. To oppose this legislation, I think Thursday. beneficiaries, not just for those who they are saying, parents, you do not They still will not be able to qualify have modest incomes or use large know how to spend your money that for this if they are rich. They will still amounts of medicine. Some of my Re- you have saved for your children, and have to save and pay interest on the publican colleagues want to give Fed- just because we did not charge you savings if they are making over $150,000 eral grants to the States to help low- taxes on the increase in value, you can- a year as a family. But this is really income elderly people buy prescription not spend it where you think it ought targeted towards middle-class Ameri- drugs. But my point tonight is that to be spent. cans, to the kids who are wondering that approach is unacceptable, because That is taking control from our fami- when they are in high school how they more than half of the Medicare bene- lies and putting it in Washington bu- are ever going to pay for college, and ficiaries who lack prescription drug reaucracy, in a Washington edu- to the parents who are despairing coverage have incomes more than 50 cational establishment that in my view about the same thing. Those are the percent above the official poverty line. is afraid of something that they should families that need the help and the en- Another Republican proposal that I not be afraid of at all. couragement through the Tax Code to hear from some of my colleagues would Mrs. WILSON. I thank the gentleman invest in education. give tax breaks to elderly people so from Pennsylvania. I thank him for I started out talking this evening al- they can buy private insurance cov- joining us here tonight. most an hour ago now about our com- ering prescription drugs. But again this

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.121 pfrm06 PsN: H28PT1 H1462 CONGRESSIONAL RECORD — HOUSE March 28, 2000 proposal would benefit the wealthiest As President Clinton has pointed out, erally provided at levels similar to reg- seniors without providing any help to if we were creating Medicare today, no ular Part B benefits with the bene- low- and middle-income seniors. one would ever consider not having a ficiary paying not more than 20 percent The point I am trying to make, Mr. prescription drug benefit. Drugs that of the program’s established price for a Speaker, and President Clinton has are now routinely prescribed for sen- particular product. The basic benefit made it over and over again, and iors to regulate blood pressure, lower would provide coverage up to $1,700 an- Democrats on our side of the aisle will cholesterol, ward off osteoporosis, nually. Medicare would provide stop- continue to make the point, that we these kinds of drugs had not been in- loss coverage; Medicare would pay 100 need to provide prescription drug cov- vented when Medicare began as a Fed- percent of the costs once annual out-of- erage for all seniors and we need to end eral program in 1965. Today, the typ- pocket expenditures exceed $3,000. Sen- the drug price discrimination which so ical American age 65 or older uses 18 iors with drug costs in excess of the many of our seniors are witness to and prescription drugs a year. basic benefit but below the stop-loss suffer from. Mr. Speaker, the bottom line that I trigger would be allowed to self pay for Just by way of background, Mr. am trying to get across, and that so additional medications at the private Speaker, some information or some many of my colleagues on the Demo- entity’s discount price. factual background about why this pre- cratic side have been trying to get As I said, there are two aspects of scription drug benefit is necessary. Fif- across, is essentially that too many this that the Democrats as a party teen million Medicare beneficiaries seniors find themselves unable to pay have tried to address. One is the need right now have no prescription drug for their prescription drugs. The Demo- for a basic prescription drug benefit, coverage, requiring them to pay their crats want to address this crisis and we and the other issue relates to the price outpatient prescription drug costs en- want to enact a prescription drug plan discrimination that seniors face right tirely themselves. Millions of other this year to help all seniors afford the now if they are not part of a plan, in seniors are at risk of losing coverage or overwhelming cost of medication. which case they have to pay a lot more have inadequate, expensive coverage. Now, I do not insist, and Democrats for the coverage because they cannot Indeed, the Consumers Union has found in general have not insisted, on any negotiate a good price for prescription that seniors currently receiving pre- particular plan as long as it covers ev- drugs. scription drug coverage through pri- eryone and it is affordable. But because In the second bill that we have been vate Medigap policies are not getting a of the fact that the Republican leader- seeking to discharge to the House good deal. ship has so far refused to take any ac- floor, and various Democrats have Specifically, in 1998, Consumers tion on the prescription drug issue in signed the discharge petition for, this Union analysis found that a typical 75- the context of Medicare, we have been bill is the bill sponsored by the gen- year-old is paying an additional pre- forced to essentially move to a proce- tleman from Maine (Mr. ALLEN) and mium of $1,850 per year for a prescrip- dure in the House called the discharge the gentleman from Texas (Mr. TURN- tion drug benefit that is capped at petition. If a bill is not released from ER), H.R. 664, that calls for drug compa- $1,250 a year. Hence, the typical 75- committee or does not come to the nies to end price discrimination and year-old is paying in premiums more floor, the Members of the House of Rep- make their products available to sen- than the value of the prescription drug resentatives have the option of signing iors at the same low prices that compa- coverage. a discharge petition at the desk here to nies give the Federal Government and There are so many problems with the my right that would essentially force other favored customers. so-called coverage that we have out the bill to come to the floor for a vote. If I could just talk about this bill in a little more detail. It is called the there in terms of its being inadequate So, because of the Republican inac- Prescription Drug Fairness for Seniors and consumers having to pay too tion on the prescription drugs issue in Act. Basically, it was put together by much, as well as a large amount of sen- the context of Medicare, we have been the gentleman from Maine (Mr. ALLEN) iors that have no coverage at all. The trying to get as many Democrats, as well as Republicans, as possible to sign and the gentleman from Texas (Mr. problem of seniors paying prescription a discharge petition on two bills that TURNER) because of various studies drug costs out of pocket has become would address the problem in a com- that were done by the Committee on particularly acute because the costs of prehensive way. Government Reform and that Demo- prescription drugs continue to soar. Mr. Speaker, I want to spend a little crats have looked into in order to sug- The cost of prescription drugs rose by time talking about those two bills, be- gest an answer to the problems that 14 percent in 1997 compared to 5 per- cause I think they may not be the only seniors have with price discrimination. cent for health services overall. answer, but they are certainly a good There have been studies in congres- The pinch on seniors is especially answer to the problem that so many sional districts across the country that hard because people buying prescrip- seniors face in terms of their inability have shown that drug manufacturers tion drugs on their own, such as the to afford or have access to prescription engage in widespread price discrimina- seniors who have no or inadequate in- drugs. tion. Seniors and others who buy their surance coverage, usually have to pay The first bill is sponsored by the gen- own prescription drugs are forced to the highest prices for them and they tleman from California (Mr. STARK) pay twice as much for their drugs as are unable to wield as much leverage as and the gentleman from California (Mr. are the drug manufacturers’ most fa- health plans and insurance companies WAXMAN), H.R. 1495. It would add an vored customers such as the Federal that often can negotiate discounts. outpatient prescription drug benefit to government and, of course, the large They do not have that opportunity to Medicare; basically provide for the ben- HMOs. negotiate the discounts. efit. The bill covers 80 percent of rou- For some prescription drugs, seniors Seniors are the portion of the popu- tine drug expenditures and 100 percent must pay 10 times more than these fa- lation that is the most dependent on of pharmaceutical expenditures for vored customers. This price discrimi- prescription drugs. Whereas seniors are chronically ill beneficiaries who incur nation has a devastating effect on older only 12 percent of the total population, drug costs of more than $3,000 a year. Americans. Although they have the they use more than one-third of the This legislation would create a new greatest need and the least ability to prescription drugs used in the U.S. outpatient prescription drug benefit pay, senior citizens without prescrip- every year. When Medicare was created under Medicare Part B. The benefit has tion drug coverage must pay far more back in 1965, prescription drugs did not two parts: A basic benefit that would for prescription drugs than the favored play a significant role in the Nation’s fully cover the drug needs of most buyers and, as a result of these high health care; and that is why it was not beneficiaries; and, as I mentioned, a prices, many senior citizens are forced included in the time when Medicare stop-loss benefit that will provide to choose between buying food and pay- was started. However, due to the great much-needed additional coverage to ing for medication they need. advances in pharmaceuticals in the the beneficiaries who have the highest I do not have to mention, Mr. Speak- past 34 years, prescription drugs now drug costs. er, there are so many cases like this in play a central role in the typical sen- After beneficiaries meet a separate my district and throughout the coun- ior’s health care. drug deductible of $200, coverage is gen- try where seniors are forced to make

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.123 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1463 this decision and choose between the problem, the record is very clear. The evening, if I could, on two other inter- drugs and the medication and buying Republicans have done very little on national issues. I just returned last food. this issue. Democrats, on the other week with the President from an offi- The Prescription Drug Fairness for hand, have been on the House floor day cial state visit to India as well as Ban- Seniors Act will protect senior citizens after day since the 106th Congress gladesh. I thought that the trip and the from drug price discrimination and began pushing for consideration of leg- visit by the President was very worth- make prescription drugs available to islative solutions such as those that while. There is no question in my mind Medicare beneficiaries at substantially have been offered by the gentleman that it was a historic visit that man- reduced prices. The legislation from Maine (Mr. ALLEN) and the gen- aged to bring the United States and achieves these goals by allowing phar- tleman from California (Mr. STARK), as India closer together. This was the macies that serve Medicare bene- I mentioned. first visit by an American President to ficiaries to purchase prescription drugs The key is that both the Stark and India and to the subcontinent in more at the low prices available to the Fed- the Allen plans would increase the ne- than 2 decades. eral Government and other favored gotiating power of those seeking to I wanted to just, if I could, in the lit- customers. The legislation has been es- provide a Medicare drug benefit allow- tle bit of time tonight, assess what was timated to reduce prescription drug ing pharmaceuticals to be purchased at accomplished and also make my anal- prices for seniors by more than 40 per- cheaper prices and passing the savings ysis of how much work still needs to be cent. on to all interested seniors. The Presi- done. dent, we also know, has a comprehen- Again, if I could summarize what the The key outcome of the President’s sive plan. His plan would also provide Allen-Turner bill would do, it would trip is the message, I think, that pharmaceuticals to seniors who need allow pharmacies to purchase prescrip- should be sent to our administration, them at discounted prices. I want to tion drugs for Medicare beneficiaries at our State Department, about which stress that I also support his plan, and low prices. Pharmacies will be able to South Asian nation can be relied upon his plan also will accomplish the goal purchase prescription drugs for Medi- to be an effective partner for the of covering all seniors and afford- care beneficiaries at the same prices United States in the years to come. ability. available to the Federal Government That Nation, of course, is India. Then, and these other favored HMOs. It also On the other hand, I do not know of any Republican proposals or expres- on the other hand, which South Asian uses a streamlined, market-based ap- nation stands in direct opposition to proach. It would allow pharmacies to sions of support for confronting the issue of pharmaceutical price discrimi- America’s interests and values. I do use the existing pharmaceutical dis- not think there is any question, based tribution system and will not establish nation. And we cannot, we cannot ad- dress this problem without dealing on that trip, that the Nation in that a new Federal bureaucracy. And the category is Pakistan. new access to discounts by pharmacies with that price discrimination issue. Before closing with regard to the pre- President Clinton went to South Asia will enhance economic competition. with an agenda of promoting peace, Mr. Speaker, I am not saying, and I scription drug issue, because I do want stability, regional integration, democ- want to stress again, I am not saying to move on to a couple of other sub- racy, trade, market reforms, and the that these two bills, the Stark-Wax- jects, I just want to express my view settlement of disputes through nego- man bill or the Allen-Turner bill, the that it is also important to bring in the tiations. Well, India’s elected leaders subject of the Democrats’ discharge pe- pharmaceutical companies in our ef- clearly embraced President Clinton’s titions, are the only approach. But I forts to pass a Medicare prescription drug benefit. I thought that it was very agenda. Pakistan’s military dictator- believe that something has to be done encouraging earlier this year when the ship, on the other hand, clearly ignored soon along the lines of the approach drug companies dropped their initial it. that these two bills take, and that is a opposition to a benefit and specifically Mr. Speaker, I hope this lesson is not comprehensive benefit for every senior to the President’s proposal. That was lost on the policy makers in our State under Medicare and a way to achieve refreshing. Department and the National Security affordable prices. In my home State of New Jersey, of The problem of the lack of an afford- Council. During the Cold War, military course, there are a lot of pharma- able prescription drug benefit is really and intelligence links were established ceutical companies; and I was con- the biggest problem facing the Medi- between the United States and Paki- tacted by some of the New Jersey phar- care program today. As I mentioned be- stan. But we live in a changed world maceutical executives who expressed fore, Medicare is a good program but now. Unfortunately, there are many their willingness to sit down and help this is a huge gap that must be filled in who are still set in the old ways, both come up with a plan. the program. And I do not think it can here in Washington as well as in Paki- be corrected piecemeal by simply de- b 2045 stan. I hope what we have witnessed in the past week with the President’s trip vising a plan that covers the poorest I think that the reason that they did to the subcontinent will be taken seri- seniors as some of my Republican col- that is because they realize we need ac- ously by our policy makers and that we leagues have suggested. It should be a tion. They realize that seniors are suf- will see significant changes in U.S.- comprehensive and affordable drug fering, and they realize that it is pos- South Asia policies. benefit available to all seniors, regard- sible to put together, hopefully in a bi- less of income. partisan way, a Medicare prescription I participated in the President’s visit It is not clear to me whether the Re- drug benefit that will cover all seniors to India, but also to his visit to Ban- publican leadership is prepared to and that will be affordable. gladesh. I want to report that that trip move away from this idea of covering I would simply urge my colleagues to Bangladesh was also valuable and only one-third of Medicare bene- and the Republican leadership that are productive. ficiaries who lack any prescription in charge of the House of Representa- In addition to the goodwill that we drug coverage at all. The Speaker has tives to act quickly on this. Until they generated between India and the appointed a partisan task force to do, I and other Democrats will come to United States and Bangladesh and the study the issue, and I hope this is not the House floor on a regular basis de- United States, there were some sub- a mere diversionary tactic to stall any manding action, because seniors need stantive accomplishments on initia- action to move legislation forward and it. This is a major issue for them. They tives that will improve the quality of to end price discrimination. are suffering, and they need to have life for the people of South Asia and Hopefully, this task force will report our attention focused on this issue be- create new opportunities for American soon and we will see some action that fore the Congress adjourns this year. businesses in this important and will come into committee and eventu- LESSONS FOR UNITED STATES DIPLOMACY: INDIA emerging region of the world. ally be marked up and come to the RESPONDS TO CLINTON MESSAGE, BUT NOT One of the President’s top priorities floor. I just want to stress that when it PAKISTAN in making the trip to South Asia was comes to an examination of who has Mr. PALLONE. Mr. Speaker, I want- to call for a peaceful solution to the taken the lead in trying to fix this ed to spend some additional time this Kashmir conflict that has divided India

VerDate 20-MAR-2000 04:25 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.125 pfrm06 PsN: H28PT1 H1464 CONGRESSIONAL RECORD — HOUSE March 28, 2000 and Pakistan for decades. India’s elect- That New York Times editorial, enti- ship with terrorist organizations, many ed leaders have long made it clear that tled ‘‘Perils in Presidential Peace- of which operate on Pakistani soil, and they seek the same thing. making,’’ cited the disappointing re- the proliferation of nuclear weapons Well, last Monday, not yesterday, but sults of the meeting with General technology with some of the world’s the previous Monday, Mr. Speaker, on Musharraf and of the meeting in Gene- most unstable and dangerous nations. his first full day in India’s capital of va with Syrian President Assad. The Again, the response of General New Delhi, President Clinton and In- meetings accomplished little, quoting Musharraf was not encouraging. dia’s Prime Minister Vajpayee signed a from the Times, ‘‘because neither Casting a shadow over President vision statement outlining the direc- interlocutor was in the mood to do Clinton’s trip was the tragic and tion of the partnership of the world’s business. America may be the sole su- shocking massacre of 36 innocent Sikh two largest democracies in the 21st perpower today, but that does not villagers in India’s state of Jammu and century. guarantee cooperation from intran- Kashmir. This terrible incident took In their joint appearance, Prime Min- sigent leaders like General Musharraf place while we were in India with the ister Vajpayee stated that India re- and Mr. Assad.’’ President. It was the first large-scale mains committed to resolving its dif- Mr. Speaker, one of the things that attack against the Sikh community in ferences with its neighbors through leaders like General Musharraf and Jammu and Kashmir. But it is con- peaceful bilateral dialogue and in an President Assad have in common was sistent with this ongoing terrorist atmosphere free from the thought of they were not elected to their post and campaign that has claimed the lives of force and violence. they do not face the institutions of ac- thousands of peaceful civilians in Kash- The prime minister stressed the need countability that we expect in a demo- mir. This terrorist campaign has re- for neighboring countries to respect cratic society. Obviously, we have to peatedly and convincingly been linked each other’s sovereignty and territorial deal with such authoritarian leaders integrity and to base their relationship to elements operating within Pakistan, around the world, and sometimes we often with the direct or indirect sup- on agreements solemnly entered into. can accomplish productive things with Unfortunately, Mr. Speaker, Presi- port of Pakistan. them. But the results are often frus- dent Clinton did not hear the same Mr. Speaker, I believe it is no coinci- trating. In light of India’s willingness message during his brief visit to the dence that this massacre in Kashmir to enter into a process of dialogue with Pakistani capital of Islamabad. Presi- took place during Clinton’s visit to Pakistan, it is truly a shame that Gen- dent Clinton stressed to General South Asia. I believe these terrorist Musharraf, the military leader who eral Musharraf let this opportunity go groups and those who support them in seized power in Pakistan in a coup last by without making any effort at rec- Pakistan wanted an incident that October, that there could be no mili- onciliation. would draw attention to the Kashmir One of the key challenges of Presi- tary solution in Kashmir by incursions issue while stepping up the campaign dent Clinton’s visit was to make it across the line of control, the de facto of fear intended to drive Hindus, and clear to the Pakistani junta that his border between India and Pakistani- now Sikhs, out of Kashmir. visit did not constitute American sup- controlled territory in Kashmir. There have been also crude attempts Our President called for restraint, re- port for the coup that overthrew the ci- to blame the massacre on India, which spect for the line of control, and rejec- vilian government. While maintaining is an outright untruth, in an effort to tion of violence and return to dialogue. respect for Pakistani sovereignty, the try to turn the Sikh community In a speech to the Pakistani people, President stated that, ‘‘The answer to against India. As always, these actions broadcast on national television and flawed democracy is not to end democ- backfire in terms of their intended radio, President Clinton stated, ‘‘We racy, but to improve it.’’ propaganda effect. But on the eve of President Clinton’s want to be a force for peace. But we What is tragic, besides the loss of in- visit, in what I would characterize as cannot force peace. We cannot impose nocent lives, is the fact that Pakistan largely a public relations move, Gen- it. We cannot and will not mediate or continues to squander resources on eral Musharraf announced a timetable resolve the dispute in Kashmir. Only weapons and support for terrorism in for local elections between December you and India can do that, through dia- Kashmir. of this year and August 2001. But the logue.’’ Estimates have put the average in- Now, in marked contrast, Mr. Speak- General refused to provide a time come in Pakistan at about a dollar a er, to India’s elected prime minister, frame for national elections. The bot- day. Democracy has been squelched. Pakistan’s military dictator did not tom line is that the general appears in- President Clinton tried to approach the echo the call for a peaceful resolution tent on holding on to power for the Pakistani leadership with a message of of the Kashmir conflict. Instead, de- foreseeable future. friendship, but with serious expecta- spite overwhelming evidence to the This is a stark contrast, Mr. Speaker, tions about what steps Pakistan must contrary, the general fell back on the between India and Pakistan. India old claim that Pakistan had nothing to again proved itself to be the thriving take to be a full-fledged member of the do with sending forces across the line democracy with a free press and re- community of nations. But that mes- of control last year. As a matter of spect for what we Americans call first sage, President Clinton’s message, was fact, in a recent interview with the amendment rights. While President ignored or rejected by the Pakistani Washington Post prior to President Clinton’s visit was widely hailed dictatorship. Clinton’s visit to India, General throughout India, there were oppo- Lastly on this subject, Mr. Speaker, I Musharraf himself admitted the Paki- nents of the U.S., and peaceful dem- wanted to say, in India and Ban- stani government’s involvement in last onstrators were allowed to express gladesh, President Clinton outlined a year’s attack against India’s side of the their views. number of programs for increased trade line of control. During the President’s speech to the and investment in the United States, Mr. Speaker, in yesterday’s New Parliament, those of us who were part as well as ways to increase cooperation York Times, yesterday being Monday, of the bipartisan delegation in New among the nations of the region in the the 27th of March, an editorial stated, Delhi that accompanied President Clin- energy sector and other areas. and I quote, ‘‘In his six-hour stop in ton had an opportunity to interact Some day, it is to be hoped that Islamabad on Saturday, including a 90- with our counterparts in India’s par- Pakistan will be able to be a part of minute meeting with General liament. We sat on the floor with them this new-found cooperation with the Musharraf and an unflinching tele- just as we would in the House of Rep- United States and with its neighboring vision address to the Pakistani people, resentatives here. How different was countries. But this cannot happen Mr. Clinton delivered the right mes- that from the closed door meetings under the terms Pakistan has set for sages, but he did not get a helpful re- with an unelected general that took itself. I regret that the current govern- sponse. Indeed, General Musharraf, in a place in Pakistan. ment in Pakistan did nothing to en- surreal news conference following the Two other huge areas of concern in courage the hope for progress, but it visit, sounded as if he had not heard a the U.S.-Pakistani relationship are was certainly not for the lack of trying word Mr. Clinton said.’’ Pakistan’s disturbing close relation- by both the United States and India.

VerDate 20-MAR-2000 03:34 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.128 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1465 179TH ANNIVERSARY OF GREEK INDEPENDENCE at a worse time. There had been a thaw I urge all my colleagues to do the Mr. PALLONE. Mr. Speaker, lastly in relations between Greece and Tur- same and to join me in opposing the today, if I could just spend a few min- key sparked by the humanitarian ges- sale of attack helicopters to Turkey, in utes, I noticed that, earlier this tures each country made to the other working for a just resolution to the Cy- evening, a number of my colleagues on following earthquakes that rocked prus problem, and in working to both sides of the aisle made statements both nations last year. The helicopter strengthen the special bond that the on the floor addressing the 179th anni- sale could well be seen by Greece as a United States and Greece have shared versary of Greek independence. I want- destabilizing step and upset the fragile for so long. ed tonight, before I conclude, to just progress that has been made in this re- f congratulate the people of Greece and, gard. IMPORTANT ISSUE FACING HOUSE- of course, Americans of Greek descent, b 2100 on this 179th anniversary, which oc- SENATE CONFERENCE ON curred over the weekend, last Satur- Similarly, the proposed sale could HEALTH CARE REFORM day, March 25. have an equally harmful effect on the The SPEAKER pro tempore (Mr. I think we all know that, throughout new round of peace negotiations in Cy- SIMPSON). Under the Speaker’s an- our country’s history, Greece has been prus. With these talks recently under- nounced policy of January 6, 1999, the one of our greatest allies, joining the way, it would be particularly foolish to gentleman from Iowa (Mr. GANSKE) is U.S. in defending and promoting de- sell Turkey high-tech offensive U.S. recognized for 60 minutes. mocracy in the direst of circumstances. weapon systems. Mr. GANSKE. Mr. Speaker, tonight I The United States’ long-standing pol- The Greek people have also made in- am going to talk about a very impor- icy has been that any settlement of the valuable contributions to the better- tant issue before the House-Senate con- Cyprus problem be consistent with in- ment of American’s society. Following ference committee on HMO reform. I numerous U.N. resolutions that have traditions established by their descend- think it is important for the members been passed on the Cyprus situation ants, Greek-Americans have reached of the conference to understand the over the last two and a half decades. As the highest levels of achievement in issue of medical necessity. It is prob- my colleagues know, that is also the education, business, the arts, politics, ably one of the two or three most im- position of the Cyprus government. In portant issues that they will have to and athletics, to name just a few; and other words, the U.S. position on Cy- American culture has been enriched as deal with. prus is consistent with that of Cyprus I think it would be useful for those a result. and Greece themselves. Moving forward But I wanted to take the opportunity members to know about testimony with the helicopter sale would under- this evening on the anniversary of that occurred before the Committee on cut the U.S.’s long-standing position Commerce on May 30, 1996. We have Greek independence today to discuss on this issue and it simply should not been working on this for many years an issue that is of great concern to happen. Greece and to Greek Americans, and The United States, Mr. Speaker, now. On that day, a small nervous that is the proposed $4 billion of attack should be doing exactly the opposite of woman testified before the House Com- helicopters to Turkey by the United what the administration is proposing. mittee on Commerce. Her testimony States and the current negotiations Rather than cozying up to the Turkish was buried in the fourth panel at the and the Cyprus issue. military through the sale of attack end of a very long day about the abuses Let me just say in unambiguous helicopters, the U.S. should be publicly of managed health care. The reporters terms that the U.S. should not go for- and privately coming down hard on An- had gone, the television cameras had ward with the sale of attack heli- kara and the Turkish military. In un- packed up, most of the original crowd copters to Turkey for a variety of rea- equivocal language, and through both had dispersed. sons. Chief among them are the contin- private and public mediums, the U.S. Mr. Speaker, she should have been ued human rights abuses by the Turk- should communicate to Turkey, and the first witness that day, not one of ish military against the Kurdish people particularly to the Turkish military, the last. She told about the choices in Turkey and the potential to under- that there will be immediate and se- that managed care companies and self- mine the recent thaw in relations that vere consequences in U.S.-Turkish rela- insured plans are making every day has occurred between Turkey and tions if progress is not made on the Cy- when they determine ‘‘medical neces- Greece. prus issue. sity.’’ Her name was Linda Peno. She Human rights abuses by the Turkish I do not have to repeat, but I will say had been a claims reviewer for several military against the Kurdish minority that the illegal occupation of Cyprus is HMOs. Here is her story. in Turkey have been well documented, now almost 26 years old. Those of us ‘‘I wish to begin by making a public not only by human rights organiza- who have worked on this issue in the confession. In the spring of 1987, I tions, but by the U.S. State Depart- House of Representatives must take caused the death of a man. Although ment as well. These abuses are system- advantage of every opportunity to reaf- this was known to many people, I have atic and in and of themselves are rea- firm our commitment to bringing free- not been taken before any court of law son enough not to go forward with the dom and independence back to the Cyp- or called to account for this in any pro- sale of U.S. attack helicopters to An- riot people. Indeed, reaffirming our fessional or public forum. In fact, just kara. commitment to standing firm with the the opposite occurred. I was rewarded In 1998, the administration outlined Greek people, just as they have stood for this. It brought me an improved the progress in human rights Turkey with us throughout our history, is a reputation in my job and contributed would need to make in order for such a very appropriate thing to do on Greek to my advancement afterwards. Not sale to go through. Those conditions Independence Day. Indeed, this is pre- only did I demonstrate that I could do have certainly not been met, Mr. cisely why I wanted to talk about the what was asked, expected of me, I ex- Speaker. To ignore this fact would be issues I have raised today. emplified the good company employee. to violate our country’s own deeply I can think of no better occasion to I saved a half a million dollars.’’ held beliefs about human rights. This, speak against the proposal to sell Now, Mr. Speaker, as she spoke, a however, is hardly the only reason why American attack helicopters to Turkey hush came over the room. The rep- the sale should not go forward. than on Greek Independence Day, a day resentatives of the trade associations Moving forward with the sale would when we should be honoring Greece for who were still there averted their eyes. undermine our long-standing policy to its commitment to our shared values The audience shifted uncomfortably in help ease tensions in the region be- and celebrating ways to strengthen the their seats, both gripped by and tween Greece and Turkey. The U.S. ties between our two countries, not alarmed by her story. Her voice became credibility with Greece will surely suf- weaken them. To that end, Mr. Speak- husky, and I could see tears in her fer if we urge them to take steps to re- er, I once again congratulate Greek eyes. Her anguish over harming pa- duce tensions with Turkey at the same Americans and the people of Greece on tients as a managed care reviewer had time we sell Ankara attack heli- the 179th anniversary of Greek inde- caused this woman to come forth and copters. Such a sale could hardly come pendence. to bear her soul. She continued:

VerDate 20-MAR-2000 04:44 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.131 pfrm06 PsN: H28PT1 H1466 CONGRESSIONAL RECORD — HOUSE March 28, 2000 ‘‘Since that day, I have lived with My colleagues on the conference saving money, not the patient’s med- this act and many others eating into committee, please keep in mind the ical needs. my heart and soul. The primary ethical fact that no amount of procedural pro- Now, on the surface some may say, norm is do no harm. I did worse, I tection or schemes of external review well, what is wrong with the least ex- caused death. Instead of using a clumsy can help patients if insurers are legis- pensive treatment? Well, let me show bloody weapon, I used the simplest, latively given broad powers to deter- my colleagues just one example out of cleanest of tools: my words. This man mine what standards will be used to thousands I could cite. Before coming died because I denied him a necessary make decisions about coverage. As this to Congress, I was a reconstructive sur- operation to save his heart.’’ She con- HMO reviewer so poignantly observed, geon. I treated children with cleft pal- tinued: ‘‘I felt little pain or remorse at ‘‘Insurers now make treatment deci- ates, like this baby. Clinical standards the time. The man’s faceless distance sions by determining what goods and of care would determine that the best soothed my conscience. Like a skilled services they will deliver, they will pay treatment is surgical correction. But soldier, I was trained for the moment. for.’’ under this HMO’s definition of medical When any moral qualms arose, I was to The difference between clinical deci- necessity, the shortest, least expensive remember, ‘I am not denying care, I am sions about medically necessary care and least intense level of treatment, only denying payment.’ ’’ and decisions about insurance coverage that HMO could limit coverage for cor- Well, by this time, Mr. Speaker, the are especially blurred. Because all but rection of this child’s roof of his mouth trade association representatives were the wealthy rely on insurance, the to a piece of plastic to fill the hole. staring at the floor. The Congressmen power of insurers to determine cov- b 2115 who had spoken on behalf of the HMOs erage gives them the power to dictate were distinctly uncomfortable. And the professional standards of care. And After all, a piece of plastic would be staff, several of whom subsequently be- make no mistake, along with the ques- cheaper. However, instead of con- came representatives of HMO trade as- tion of health plan liability, the deter- demning this child to a lifetime of sociations, were thanking God that mination of who should decide when using a messy prosthesis, the proper this witness came at the end of the day health care is medically necessary is treatment, reconstruction using the when all the press had left. the key issue in patient protection leg- child’s own tissue, would give this Linda Peno’s testimony continued: child the best chance at normal speech ‘‘At the time, this helped me avoid any islation. Now, Mr. Speaker, contrary to the and a normal life. sense of responsibility for my decision. claims of HMOs that this is some new But now, Mr. Speaker, now the con- Now I am no longer willing to accept concept, for over 200 years most private ference between the House bill, the the escapist reasoning that allowed me insurers and third-party payers have Norwood-Dingell-Ganske bill, a good to rationalize that action. I accept my viewed as medically necessary those strong bill, and the Senate bill, which responsibility now for that man’s products or services provided in accord- is a joke, could paradoxically give in- death, as well as for the immeasurable surers legislative changes that displace pain and suffering many other deci- ance with what is called prevailing standards of medical practice. And the even case law. sions of mine caused.’’ Last year, the patient protection leg- She then listed the many ways man- courts have been sensitive to the fact islation that passed the Senate would aged care plans deny care to patients, that insurers have a conflict of interest grant insurers the explicit power to de- but she emphasized one particular because they stand to gain financially fine ‘‘medical necessity’’ without re- issue, the right to decide what care is from denying care. So the courts have gard to current standards of medical medically necessary. She said, ‘‘There used ‘‘clinically derived professional practice. This would be accomplished is one last activity that I think de- standards of care’’ to reverse insurers’ by allowing insurers to classify as serves a special place on this list, and attempts to deviate from those stand- medically unnecessary any procedures this is what I call the ‘smart bomb of ards. not specifically found to be necessary cost containment,’ and that is medical This is why it is so important that by the insurer’s own technical review necessities denials. Even when medical managed care reform legislation in- criteria is used, it is rarely developed clude an independent appeals panel panel. The Senate bill would even give in- in any kind of standard, traditional, with no financial interest in the out- clinical process. It rarely is standard- come, a fair review process utilizing surers the power to determine what ized across the field. The criteria is clinical standards of care guaranties evidence would be relevant in evalu- rarely available for prior review by the that the decision of the review board is ating claims for coverage and would physicians or members of the plan.’’ made without regard to the financial permit insurers to classify some cov- She continued: ‘‘We have enough expe- interest of either the HMO or the doc- erage decisions as exempt from admin- rience from history to demonstrate the tor. On the other hand, if the review istrative review. consequences of secretive unregulated board has to use the health plan’s defi- Now, I know that many of our col- systems that go awry.’’ nition of medical necessity, there is no leagues in the Senate who supported Well, Mr. Speaker, after exposing her such guaranty. that Senate bill had no idea about the own transgressions, she closed by urg- In response to the growing body of implications of the ‘‘medical neces- ing everyone in the room to examine case law, and their own need to dem- sity’’ provisions in that bill. their own conscience. ‘‘One can only onstrate profitability to shareholders, Specifically, insurers now want to wonder how much pain, suffering and insurers are now writing contracts that move away from clinical standards of death will we have before we have the threaten even this minimal level of care applied to particular patients to courage to change our course. Person- consumer protection. They are writing standard linking medical necessity to ally, I have decided that even one contracts in which standards of med- what are called population studies or death is too much for me.’’ ical necessity are not only separated to ‘‘guidelines’’ by companies like The room was stone quiet. The chair- from standards of good practice but are Milliman & Robertson. man mumbled thank you. Linda Peno also essentially not subject to review. Now, on the surface this may seem to could have rationalized her decisions, Let me give my colleagues one exam- be scientific and rational. However, as as so many do ‘‘Well, I was just work- ple out of many of a health plan’s defi- a former medical reviewer myself who ing within guidelines’’; or ‘‘I was just nition of medically necessary services. worked with many insurers, large and following orders’’; or ‘‘We just have to ‘‘Medical necessity means the shortest, small, let me explain why I think it is save resources’’; or ‘‘Well, this isn’t least expensive or least intense level of critical that we stick with ‘‘medical about treatment, it’s really just about treatment, care or service rendered or necessity’’ as defined by clinical stand- benefits.’’ But this brave woman re- supply provided as determined by us.’’ ard of care and that we not bind the fused to continue that denial, and she Well, Mr. Speaker, contracts like this independent review panel to the plan’s will do penance for her sins for the rest demonstrate that some health plans own guidelines. of her life by exposing the dirty little are manipulating the definition of In the version of patient protection secret of HMOs determining medical medical necessity to deny appropriate that passed this House, if there is a dis- necessity. patient care by arbitrarily linking it to pute on a denial of coverage and it goes

VerDate 20-MAR-2000 04:44 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.133 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1467 through internal review and then goes the circumstances of their applications we are all familiar with the ephemeral to external review and to that inde- are infinite. nature of new ‘‘scientific,’’ quotes, pendent external review panel, unless In addition, by their very nature, studies such as those based on the dan- there is a specific exclusion of cov- many controlled clinical trial study gers of Alar. erage, that independent panel can use treatments are in isolation, whereas There has recently been a report in in its decision many things. physicians need to know the benefits of one of the medical journals about dis- It can use medical literature, the pa- one type of treatment over another in charging patients from a hospital with- tient’s own history, recommendation of a particular patient. in a day or two of having a heart at- specialists, NIH statements. It can Prospective randomized comparison tack. There was also an editorial in even use the plan’s own guidelines. studies, on the other hand, are expen- that medical journal expressing severe But, critically, it is not bound by the sive. Given the enormous number of reservations about that and expressly plan’s own guidelines. That is the pro- procedures and individual cir- saying that HMOs and managed care vision that we should have come out of cumstances, if coverage is limited to companies should not use this article conference. only those that have scientifically out of context as an excuse to send Here are some reasons why we should sound generalized outcomes, care could heart attack patients home within a not rely solely on what are called out- be denied for almost all conditions. day or two of being in the hospital. come studies or guidelines. First, sole Mr. Speaker, come to think of it, Clinical standards of care do take reliance on broad standards from gen- maybe that is why HMOs are so keen to into account valid and replicable stud- eralized evidence is not good medical get away from prevailing standard of ies in the peer-reviewed literature, as practice. Second, there are practical care. well as the results of professional con- limits to designing studies that can an- Third, the validity of HMO guidelines sensus conferences, practice guidelines swer all clinical questions. And third, and how they are used is open to ques- based on government funded studies, most of the studies are not of sufficient tion. Medical directors of HMOs were and even guidelines prepared by insur- scientific quality to justify overruling asked to rank the sources of informa- ers that have been determined to be clinical judgment. tion they used to make medical deci- free of conflict of interest. Let me explain these points further. sions. Industry guidelines, generated These are all things that can be con- And for anyone who wants more depth by trade associations, or printed by sidered by that independent review on this discussion, I refer them to an companies like Milliman & Robertson panel in the House bill. But they are article by Rosenbaum, et al., in the ranked ahead of information from na- not bound by any one of them. But January 21, 1999, edition of the New tional experts, government documents, most importantly, they also include England Journal of Medicine. NIH consensus conferences. the patient’s individual health and First, while it may sound The most highly respected source, medical information and the clinical counterintuitive, it is not good medi- medical journals, was used in less than judgment of the treating physician. cine to solely use outcomes-based stud- 60 percent of the time. Industry guide- Well, Mr. Speaker, Congress should ies or guidelines for ‘‘medical neces- lines are frequently done, as I men- pass legislation defining the standard sity,’’ even when the science is rig- tioned, by a company by the name of of medical necessity. Because first, the orous. Why? Because the choice of the Milliman & Robertson. This company Employee Retirement Income Security outcome is inherently value laden. is a strategy shop for the HMO indus- Act, ERISA, shields plans from the The medical reviewer for the HMO is try. This is the same firm that cham- consequences of most decisions about likely, as shown by the above-men- pioned drive-through deliveries and medical necessity. Second, under tioned contract, to consider cost the outpatient mastectomies. Many times ERISA, patients generally can only re- essential value. But I would ask my these practice guidelines are not cover the value of the benefits denied. colleagues, what about quality? grounded in science but are cookbook And third, even this limited remedy is Now, as a surgeon, I treated many pa- recipes derived by actuaries to reduce being eroded by insurance contracts tients with broken fingers simply by health care costs. that give insurers the authority to reducing the fracture, putting the Here are two examples of the errors make decisions about medical neces- bones back in the right place, and of their guidelines. Remember their sity based on questionable evidence. splinting the finger. And for most pa- drive-through deliveries? Remember To ensure those protections, Con- tients, that would restore adequate their outpatient mastectomies? Well, gress should provide patients with a function. But what about the musician, the National Cancer Institute released speedy external review of all coverage what about the piano player or the gui- in June a study that found that women disputes, not merely those that insur- tar player who needs a better range of receiving outpatient mastectomies face ers decide are subject to review. It is motion? In that case, surgery might be significantly higher risks of being re- time for Congress to defuse what necessary. So I would ask, which out- hospitalized and have a higher risk of former HMO reviewer Linda Peno de- come should be the basis for the deci- surgery-related complications like in- scribed as the smart bomb of HMOs. sion about insurance coverage, playing fections or blood clots that could be Now, Mr. Speaker, for years Milliman the piano or routine functioning? life threatening. & Robertson, the company that has My point is this: taking care of pa- A 1997 study published in the Journal created the practice guidelines of tients involves much variation. Defini- of the American Medical Association HMOs, has operated sort of in the back- tions of ‘‘medical necessity’’ have to be showed that babies discharged within a ground. I think it is time, Mr. Speaker, flexible enough to take into account day of birth faced increased risks of de- to shine a spotlight on Milleman & the needs of each patient. One-size-fits- veloping jaundice, dehydration, and Robertson’s role in setting HMO stand- all outcomes make irrelevant the doc- dangerous infections. So much for ards that are the smart bombs that tor’s knowledge of the individual pa- those specific guidelines from Milliman this HMO reviewer described as giving tient; and that is bad medicine, period. & Robertson. her authority to kill a man. Second, there are practical limita- The objectivity of medical decision- The operating practices of this com- tions on basing medical necessity on making requires that the results of pany are just becoming public because ‘‘generalized evidence’’ or on ‘‘guide- studies be open to peer review. Yet, of fact-finding in a lawsuit that has lines,’’ particularly as applied by much of the decision-making by HMOs been filed by two pediatricians, two pe- HMOs. is based on unpublished ‘‘proprietary’’ diatric doctors, Tom Cleary and Bill Much of medicine is as a result of and unexamined methods and data. Riley, who charged that the company collective experience, and many basic Such secrets and potentially biased falsely credited them as coauthors of a medical treatments have not been guidelines simply cannot be called sci- book on pediatric utilization review. studied rigorously. Furthermore, aside entific. These pediatricians are filing suit from a handful of procedures that are Now, this is not to say that out- not just because they did not write the not explicitly covered, most care is not comes-based studies do not make up a sections that Milliman & Robertson specifically defined in health plans be- part of how clinical standards of care credits to them, but to get the book off cause the numbers of procedures and are determined, because they do. But the market because they consider the

VerDate 20-MAR-2000 04:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.136 pfrm06 PsN: H28PT1 H1468 CONGRESSIONAL RECORD — HOUSE March 28, 2000 length-of-stay criteria in the book to being used as an author 10 months after days. Anything over that, that is ex- be dangerous. publication, and he immediately asked cessive. What is the standard? Ten to Dr. Cleary said, ‘‘Milliman & Robert- Yetman to remove it. Dr. Yetman said 14 days. How about an infection in your son limits hospital stays for serious the company refused until a new edi- heart, an infection in the heart of a diseases such as meningitis, that is in- tion was printed. Well, this made Dr. baby? Milliman & Robertson says only fection of the covering of the brain and Cleary furious. He was the only infec- need to keep that child in the hospital the spinal cord, and endocarditis, infec- tious disease subspecialist listed as an 3 days. What is the standard of care? tion of the heart, to just 3 days, when author for that volume on pediatric One week. it should be more than a week.’’ utilization management, and he felt Mr. Speaker, these ‘‘guidelines’’ are ‘‘I want Milliman & Robertson to get that everyone would assume that he not just scary. In my opinion, they rep- out of the business of writing pediatric wrote the hospitalization limits for his resent malpractice. I urge my col- guidelines,’’ says Dr. Cleary. But the subspecialty, such as endocarditis and leagues to consider this information company is not budging. It has not re- meningitis, even though he never re- when they deal with medical necessity called thousands of copies of those pe- viewed them. in conference. And, my friends, the diatric guidelines or agreed to stop Dr. Riley had similar concerns as the next time you read a Milliman & Rob- publishing so-called guidelines. only pediatric endocrinologist listed. ertson study on HMOs supplied to you b 2130 Dr. Riley says that the lengths of stay by the American Association of Health in his field are ‘‘so clearly outside any Plans, or the Health Insurance Associa- Let me remind you what Milliman & reasonable approach to the standard of tion of America, just remember that Robertson is. That is the company that care as to be wholly reckless.’’ Dr. this company is a flak for the industry proposed one-day limits on delivery of Riley says that he fears that Milliman and has a significant financial tie to babies. That caused such an outcry & Robertson’s length of stay goals, HMOs and health plans. Do you think that Congress and 41 States passed laws quote-unquote, are fast becoming they are going to say anything that overriding drive-through deliveries. standards of care, and I would add that critical of HMOs when their business Milliman & Robertson’s guidelines are this is exactly the problem with these depends on HMOs? cited in class action HMO liability HMO guidelines. They are not peer re- Mr. Speaker, the conferees on patient suits against Humana in Florida and viewed nor published in respected med- protection in the conference com- Prudential in New York. ical journals. mittee should adopt the language of Why is it that Milliman & Robertson Dr. John Neff, the chair of the Hos- the House bill. Any less on this medical continues to write the type of rules pital Care Committee of the American necessity issue will not be worth the that Linda Peno cried out against? Mr. Academy of Pediatrics, calls guidelines paper that it is printed on. I hope that Speaker, because they make so much such as Milliman & Robertson’s ‘‘opin- my colleagues on the conference com- money from the denial of care business. ions.’’ Dr. Neff points out that pa- mittee are listening, because the lives Milliman & Robertson’s book Pediatric tients’ conditions vary tremendously of a lot of people in this country are Health Status Improvement and Man- and that there are not enough reliable depending on how you write that sec- agement, 1998, is part of a nine-volume scientific studies on lengths of stay for tion. set on utilization management. The specific conditions to form objective f company has sold more than 20,000 cop- standards. Exactly what I was speaking ies, charging $500 for each book, while about earlier in this talk. ILLEGAL NARCOTICS at the same time selling consultant I know that most physicians have no The SPEAKER pro tempore (Mr. services to help HMOs implement those idea what is in this company’s guide- OSE). Under the Speaker’s announced guidelines. Its list of customers in- lines. They may even be cited as au- policy of January 6, 1999, the gen- cludes Anthems, Incorporated; Signa thors without their consent, as hap- tleman from Florida (Mr. MICA) is rec- Health Care; Kaiser Foundation Health pened to Dr. Riley and Dr. Cleary. Here ognized for 60 minutes. Plan; and Pacific Care among many is a brief list of conditions with Mr. MICA. Mr. Speaker, I come be- others. Although Milliman & Robert- Milliman & Robertson’s length of stay fore the House on the floor tonight to son says its length of stay limits are compared to commonly accepted stand- talk once again in regard to what I ‘‘best case scenarios,’’ its own pro- ards for length of stay. For diabetic consider the most serious and dev- motional material maintains that they ketoacidosis, that is a child who goes astating social issue facing not only apply to fully 80 percent of hospitalized into coma from diabetes. Milliman & the Congress but our entire Nation and patients younger than the age of 65. Robertson says that child only needs to that is the problem of illegal narcotics Plus, a company official told the stay in the hospital 1 day. One day. Mr. and the heavy toll they have taken on AMA Council on Scientific Affairs that Speaker, the standard would be 3 days. our Nation, particularly our young 90 percent of admissions exceed guide- But Milliman & Robertson can save people. lines. I ask you, how can a guideline that HMO 2 days in the hospital. Tonight, I am going to try to cover described as a best case be exceeded 90 How about osteomyelitis. That is an some material some may have covered percent of the time? The suit brought infection in the bone. Milliman & Rob- before but I think in light of tomor- by Drs. Cleary and Riley gives us a rare ertson says this child can only stay in row’s action on the proposal for an glimpse into how Milliman & Robert- the hospital 2 days. Mr. Speaker, do emergency supplemental in the House son creates its utilization review guide- you know what the standard of care is of Representatives, I will focus some on lines. for a child with a serious bone infec- the story of how we got to an emer- The company produced the pediatrics tion? Four to 6 weeks in the hospital gency situation, particularly as it in- book with the paid help of Dr. Robert on IV antibiotics. But Milliman & Rob- volves narcotics and the primary Yetman, who Milliman & Robertson of- ertson says 2 days is enough. source of those narcotics, Colombia, ficials found when he agreed with their Neonatal sepsis. That is a child who the country of Colombia, and the assertion that lead screenings are un- has an infection that is in the blood. South American region where those il- necessary in Texas because few homes Milliman & Robertson’s guidelines say legal narcotics are coming from. have lead paint. In his deposition, Dr. only need to keep that child in the hos- Then I hope to also touch upon some Yetman said that he did not ask for pital 3 days. The standard of care is 2 of my committee work for the benefit written authorization from 17 depart- to 3 weeks. How would you feel if you of my colleagues and the American ment colleagues listed as coauthors. were a parent with a child with these people as chair of the Criminal Justice, Getting written authorization is cus- diseases? How about bacterial menin- Drug Policy and Human Resources tomary in academic studies. But Dr. gitis. That is a bacterial infection of Subcommittee. I know the hour is late. Cleary says he never orally agreed, ei- the meninges. This is the covering of Many folks are tired. But I hope that ther, to join the study and his only re- the brain, the covering of the spinal they will listen tonight, because the lation to it was to review one page of cord. According to the Milliman & Rob- message I have is an important one for material for Dr. Yetman. Dr. Cleary ertson standards, you only need to the Congress and again for the Amer- said he first learned his name was keep that child in the hospital for 3 ican people. It will really detail some

VerDate 20-MAR-2000 04:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.138 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1469 of what has taken place, how we got citing that this administration did not the illegal narcotics problem? A 12- ourselves into a situation where tomor- act until the information they had, be- year-old taking his father’s weapon row the House of Representatives must cause a poll was conducted and found into school, and it had been stored, ac- bring forward a record funding emer- that Americans are alarmed. Maybe cording to this report, on a dresser top gency proposal to deal with a problem my colleagues have read about that with a fully-engaged trigger lock. It that has been festering, and I submit poll that was conducted. That poll said was absolutely incredible to hear the caused by very specific actions and that the Democrats could be held ac- Vice President of the United States policies and directives of this adminis- countable in the election and that this commenting on this situation and then tration and now the American tax- administration would pay the penalty asking for more gun control. payer will pay the bill. for not attacking and taking action on Mr. Speaker, I have never in my life It would not be bad enough if I just the drug war. seen more diversionary tactics to get came here and talked about a price tag We finally had word that a proposal away from the root problem of 12-year- of $1.5, $1.6, $2 billion in emergency as- was coming back in the late fall last olds who have parents in jail, when sistance that is going to go into an ef- year and again, that was delayed; and they have their family disrupted, when fort to stop the conflict, the traf- finally, not until a few weeks ago did the parent is in jail for drug traf- ficking, the production of most of the we receive the President’s budget pro- ficking, when there is no family struc- illegal hard narcotics coming into the posal for emergency assistance to Co- ture to support them. When we have United States. Talking about just that lombia. We will deal with that matter had a society that has become tolerant cost is bad enough. I have not trans- in just a second. of illegal narcotics trafficking, we will lated that into the human toll in which Mr. Speaker, it is absolutely star- have, no matter how many laws this we have in the last recorded year, 1998, tling to me how the President of the Congress passes, these situations. I I do not have the 1999 figures yet, 15,973 United States can talk about every- still cannot believe that the media will Americans dying as the direct result of thing except illegal narcotics and their not focus on this, nor will the leader- illegal narcotics. impact on our young people. Most re- ship of this Congress or this adminis- The toll is heavy. We are probably cently we had two incidents, and those tration. reaching 100,000 since the beginning of incidents involved, first of all, a 6-year- Mr. Speaker, I really want to also focus tonight on a tale of two cities. I this administration. And I submit our old that killed a 6-year-old and took a have had the opportunity to spend time action tomorrow will be just as impor- gun to school; and the focus imme- since I took over chairmanship of the tant in shoring up the defense of this diately was on legislation to impose Subcommittee on Criminal Justice and Nation for the many deployments that trigger locks and a host of other pe- Drug Policy a little over a year and ripheral laws to deal with the question have been ordered by the chief execu- several months ago now to look at tive but also to stop the biggest threat of gun control. What the President failed to men- again some of the problems we hear coming into our country. No American about in the media, and focus on what tion, and attention was not focused by was killed in Kosovo in fighting there. different communities are doing to the media on it, is this 6-year-old came Fifteen to 16,000 were killed last year deal with that problem. in the streets, communities and from a crack house. The father was in Once again, I was absolutely stunned schools of our Nation. No one died in jail. The gun was stolen. He lived in a by a recent article by a columnist, Ju- Kosovo as a result of action of this pig sty. Now, this is the family setting dith Mann, and Judith Mann, who I be- Congress. that this child came from. We can put lieve is the columnist in the Wash- We tried our best to deal with this all the trigger locks in the world on, ington Post. She did a column that ab- administration to stop death and de- and we can pass all of the additional solutely caused me to come unglued struction in that region of the world. It laws in other areas; but if we do not last week attacking, in her liberal is in some of our national interest to focus on the root of the problem, ille- fashion, Mayor Rudy Guiliani, without do it, and if that is in our national in- gal narcotics, and I am certain that a hint of facts, just dealing in fiction, terest to do it as far away as Kosovo that is what destroyed that family. Il- to try to put forth liberal propaganda where we have no direct American cas- legal narcotics in that crack house and unsubstantiated fiction about what ualties and we did have disruption of sent that father, and drug dealing, sent Mayor Guiliani has done. that region and killing in that region, that family into despair and disrup- Last year, after taking over this sub- certainly an area to the south of us tion, and illegal narcotics provided a committee, I called Mayor Guiliani in that produces the death and destruc- stolen weapon and access and a de- to testify. There had been comments tion of thousands and thousands of stroyed family for that child. Where is and questions about what he had done Americans annually, and the toll con- the thinking in the leadership of this in New York City and we held an entire tinues to rise. Nation? hearing on what was happening there. We have imprisoned close to 2 mil- Then, most recently, we had a 12- At the time we had two cases, very lion Americans in our jails and prisons year-old who brought a gun into controversial cases. I think it was the across the country, and 60 to 70 per- school. This was in an elementary Diallo case and another case of police cent, I am told, in some areas I am told school in Lisbon, Ohio, I believe was brutality that got tremendous national even higher, 80 percent of those indi- the town, and the child, a 12-year-old, and international attention. We also viduals are incarcerated because of brings a gun into the school. He were interested in what Mayor Guiliani narcotics-related offenses and many of brought it in school and immediately it had done, because his community had them there for many felonies com- was broadcast across the country that been successful in curtailing on an un- mitted and crimes committed not only this child had brought that gun there precedented basis the murders in New while under the influence but also traf- and we must immediately do some- York City since taking office, in stem- ficking in illegal narcotics. So again thing about, again, gun control. ming crime in that community, and in we have an area that is of extreme im- Now granted, we may need to impose developing innovative programs. portance, an issue that is of extreme some additional laws and restrictions, The first part of Judith Mann’s re- importance and we must deal with that but a simple look, even a simple exam- cent piece, which was entitled ‘‘The tomorrow. ination of the situation, and let me War on Drugs Can’t Help Run Amok,’’ read from the account: The boy said be- which criticized New York City’s b 2145 fore that his biological mother was in mayor and the police force on their The record, as I said, is a rather sad jail and he wanted to visit her. Au- program. Again, I believe this is an af- action of this administration. I will de- thorities did not release information front to facts. It is manufactured fic- tail some of the time it has taken to on the mother’s situation, but the tion. In this article, in this little edi- get the supplemental from this Presi- Akron Beacon Journal said that the torial piece, she had the audacity to dent. I was interviewed on an NPR mother was in prison on a drug-related try to say that murders were up in New radio program this afternoon and they charge. York City under Mayor Guiliani. What had, I believe, a Time or Newsweek re- Where is the media? Where is the she tried to do was take one compari- porter also on the program. They were leadership of this country in ignoring son of 2 years, the last 2 years, and

VerDate 20-MAR-2000 04:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.141 pfrm06 PsN: H28PT1 H1470 CONGRESSIONAL RECORD — HOUSE March 28, 2000 blow that into something that the I am surprised it is not up more in York City. You’ve got to start looking mayor’s program had not worked on. New York City. In my community it is at, if you are interested in fairness In fact, this is the record of Mayor up slightly, even in central Florida, as rather than demagoguery, you have to Guiliani as far as murders are con- a result of, again, this administration look at the number of incidents. The cerned: just before he took office they letting down its guard in stopping ille- number of incidents of police brutality, were in the 2,000 range; right in the gal narcotics at their source or inter- for example, are less in my administra- 2,000 range. He has brought murders dicting them before they come to our tion,’’ he is speaking about the down in New York City. In 1998 and shores is certainly a Federal responsi- Giuliani administration, ‘‘than in the 1999, between 629 and I think about 679 bility. administration of Ed Koch or David the last recorded year. She took the Here is a local responsibility taken Dinkins.’’ slight increase last year and tried to on in an unbelievable fashion. I hope Now, I am sure that Ms. Mann would make it look like crime was out of con- every American, every Member of Con- not want to deal with the facts, and re- trol, like the police program that he gress can look at this chart and see veal to her reading public or the people instituted and zero tolerance program how the policy of Mayor Guiliani, not out there that deserve the truth and he instituted somehow failed. just in this program, but in other inno- the facts that the number of incidents Now, where is the liberal mentality vative programs, has dramatically cur- of police brutality are less in the when Mayor Guiliani has saved, since tailed murders, robberies, rapes, every Giuliani administration than the Ed just from coming into office in 1993, type of crime that I mentioned and the Koch or David Dinkins. She wants to somewhere on average of 1,000 lives, numbers that I mentioned. say that Giuliani’s war on drugs has every one of these years; if we average Mr. Speaker, I have to again just be failed. this out, how many thousands of lives amazed at the liberal media and the ‘‘That is something you did not men- he has saved with his policy. People tion,’’ again, I am quoting from the who live in New York City can now live trash that they peddle to the American people. Again, Miss Mann talks about a mayor, ‘‘1993 was the last year of David and work in that community and have Dinkins’ administration. I just happen one of the lowest crime rates in the en- policy that has run amok and the drug war cannot help but run amok. Now, to have these statistics with me.’’ He tire Nation. What the mayor did in brought the statistics, and under oath New York City has had so dramatic an the facts are for Miss Mann and other die-hard liberals. Let me read from the to the Subcommittee on Criminal Jus- impact, they also impact even the na- tice, Drug Policy, and Human Re- tional statistics. The gall of the liberal testimony of Mayor Guiliani and just see historically where Mayor Guiliani sources of the House of Representa- media is absolutely astounding. tives, this is the testimony and the The facts are, since Mayor Guiliani fits in in this question of police bru- tality and incidents involving force or, facts he submitted and we checked. took office, and this is murder, listen ‘‘There were 62 percent more shoot- again, violence from police officers. to the rest of these in the seven major ings by police officers per capita in the crime areas in New York City: crime b 2200 last year of David Dinkins’ administra- overall is down 57.6 percent. I would tion than the last year, which was my match that among any community of This is the testimony from our hear- ing when the mayor appeared last year administration.’’ Why does she not any size in the Nation. Murder is down print that, Ms. Mann and other diehard 58.3 percent. Judith Mann should get a after the Diallo case. This is Mr. Giuliani speaking: liberals? life. Rape is down 31.4 percent. Robbery ‘‘Where were they when there were 62 down 62.1 percent. Think of the thou- ‘‘First of all, I do not think you have ever listened to my voice.’’ How pro- percent more shootings by police offi- sands and thousands of New York City cers under David Dinkins’ administra- residents and tourists and other people phetic for him to say that, and he could say it again. ‘‘I have said over tion? In every year of my administra- who visit from around the country and tion, something you left out of your around the world. Robbery down 62.1 and over again, including that—’’ he was responding to a question—‘‘that statement, in every single year of my percent. Felony assaults are down 35.4 administration the police officers have percent. Burglaries are down 61.7 per- was a long question. You’ve got to give me a chance to answer it, if you are grown more restrained in their use of cent. These are the facts, Judith Mann, firearms, even as we have added 10,000 Miss Liberal. These are the facts the being fair.’’ This was a question about police brutality at that time in the police officers and given them auto- American people should be paying at- matic weapons.’’ city. tention to, the people in New York He increased by 10,000 the number of Listen, again, to his testimony: ‘‘The State should be paying attention to. police officers, gave them automatic fact is that I have over and over again Grand larceny down is 41.9 percent. weapons, and the record is one of less said that police officers have to be re- Grand larceny auto is down 68.8 per- incidents, more constraint. Again, cent. These are some of the most dra- spectful. We have taken action against these are the facts that liberal report- matic figures, and rather than applaud- police officers who have acted improp- ers do not want to deal with, or those ing someone who has accomplished so erly. One of the cases that you men- inclined to bad-mouthing the mayor’s much, we see the liberal diatribe on tion, it was my administration that efforts and those who support zero tol- Mayor Guiliani and the police of New fired the police officer in question, erance in these types of programs. York. even though he had been kept on by These are the exact numbers. What is absolutely astounding is if prior administrations. We have worked ‘‘In 1993, there were 212 incidents in- there is any reason for a slight increase very, very hard to make this police de- volving police officers in intentional in murders last year, I can tie it di- partment more respectful and more re- shootings. In 1994,’’ the mayor’s first rectly to actions of this administration strained. In your selective use of sta- year, ‘‘there were 167.’’ He testified, I in failing to provide surveillance, fail- tistics,’’ and they did it to him last believe, in early 1999. ‘‘In 1998, it was ing to provide equipment, stopping the year, and people like Ms. Mann and down to 111, just about half the inci- flow of assistance to Colombia in a re- others are doing it to him now, ‘‘you dents from the Dinkins’ administra- peated fashion, and helping to close leave out the fact that incidents such tion. These are incidents involving po- down one of the most successful pro- as the one you are talking about have lice officers and intentional shootings. grams we have had in Peru, which has occurred in New York City for the last Members will not read this in Ms. slashed 66 percent of the cocaine pro- 20 to 35 years.’’ Again, with some 30,000 Mann’s liberal column or any of the duction in just a few years, and now is or 40,000 police officers historically, I other liberal trash that is pumped out being sabotaged by withdrawal of U.S. just add that, those are not his words, by the other side. They will be telling surveillance information to Peruvians you do have incidents of police mis- us, well, we have to introduce more and a lack of equipment getting to Co- conduct. gun laws, we have to introduce more lombia. Even equipment we requested Back to Mayor Giuliani’s statement: laws in the Congress, we have to put several years ago and appropriated sev- ‘‘That police brutality and the issue of trigger locks on for kids, and this will eral years ago still has not been ade- police brutality has not been an issue solve the problem. quately delivered to that country to just exclusively of my administration, We do not hear that with even a zero combat the flow of illegal narcotics. or while I have been mayor of New tolerance policy, that they were able to

VerDate 20-MAR-2000 04:28 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.143 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1471 have less than half the number of inci- seen in this decade of death and de- started the Andean strategy. The Vice dents. Let me again continue with struction with illegal narcotics, and President’s task force occurred. They what Mayor Giuliani testified and the use this as a model. went after drugs at their source, and liberals will not listen to, or the media Drug confiscations increased 166 per- they put some dollars behind the effort will not report. cent between 1993 and 1998, rising from to eradicate crops there. ‘‘In 1993, David Dinkins’ last year in 11,470 pounds to 30,510 pounds. Surprise, Do Members see what took place? office, there were 7.4 shooting incidents Mr. Speaker. We seize illegal narcotics, Every year, and this is the long-term per officer.’’ That is 62 percent less per we seize hard drugs, and the crimes go trend in lifetime prevalence of drug capita with Giuliani. We have to take down. It is not a magic formula, it is a use. This is so important, because this it on a per capita basis. Also, we have simple formula. It is just beyond me is the measure of long-term drug in- to remember, again, Rudy Giuliani in- how the liberals can twist and turn. volvement with our population. creased the police by some 10,000, prob- They will tell us that the war on drugs We see this during the Bush adminis- ably a 20 percent increase in police offi- is a failure. That is their next line. tration, and we see a takeoff like a cers in that city. I tell the Members that the war on rocket with Clinton, here. If Members ‘‘Yes, we do have difficulties. Yes, we drugs was closed down by the Clinton look back here, they will see the take- do have lots of things that we have to administration in January of 1993, off is a result of stopping the inter- work on. Yes, I have spoken about it a when they came into office. How can national programs. We have a flood, a hundred times or a thousand times. I we fight a war on drugs when we first supply. was at a police graduation last week. I of all do not target the source or cut I asked the question to somebody said to the 800 police officers that what out the source programs, to stop drug today, do you have an HDTV? They we expect of them is restraint, almost production at their source? said, no. Most Americans do not have an inhuman ability to be restrained It does not take a rocket scientist to an HDTV. Why? Because there is not a when they have to be.’’ figure out where narcotics are coming supply and the price is high. Can Members imagine the incidents, from. Seventy-five percent of the co- b 2215 can Members imagine the pressure on caine and heroin, back in 1993 there police officers in New York City, one of was almost zero cocaine grown in Co- This is, again, simple economics. We the most densely populated, probably lombia, almost zero poppies which have flooding into this country an un- the most difficult area to govern, not produce heroin in Colombia, and today precedented amount of cocaine, which only in the United States but the en- it is up over the 70 percent range grown is only grown three places in the world: tire world? Here is a record, and I take in Colombia. Again, it does not take a Bolivia, Peru, Colombia. Only three great offense at the trash the media rocket scientist, it is coming out of Co- places, and it cannot transfer to that pumps out, particularly Ms. Mann, who lombia. many other areas. There are a few knows that Mr. Giuliani and everyone So where would we target? We would other Andean locations. In the bill to- who supports a zero tolerance in a spend a few dollars in international morrow at the insistence of the Speak- tough enforcement policy that we programs to target Colombia. er of the House, who had that responsi- know works beyond a reasonable Let me take this chart first, which bility who started the successful pro- doubt. deals with, and again, we know where grams in Peru and Bolivia, where we The mayor not only had a zero toler- the drugs are coming from. It is not have had 55 to 66 percent reduction ance policy that was successful and re- rocket science. That is why we are when we had a program in effect, until sulted in fewer murders, but let me going to be here talking about Colom- the administration also messed that just cite, and again this is part of the bia, because the drugs are produced in program up in the last year or so, we testimony that he submitted in Feb- Colombia. had dramatic decreases of cocaine flow- ruary of 1999 to our subcommittee, This is the record of the Clinton ad- ing into this country. This is an incred- facts that were submitted. ministration. They came in in 1992–1993 ible record. ‘‘In New York City in 1991, 1992, and here, and we have to remember, we But what should also be looked at is 1993 when crime was at historic still had a Democrat-controlled Con- the interdiction. Stop drugs at their heights, narcotics arrests were at a 10- gress in this period. We did not take source and then stop them before they year low. In 1993, the city made just over until somewhere in 1995. In 1995, get to our borders. Is that or is that 65,043 narcotics arrests. Last year, with we have to get or we are already with not a Federal responsibility? We see the city dramatically safer, that num- the budget passed by a previous Con- here again gutting of the figures for ber had risen to 124,000, a 91 percent in- gress. interdiction. Taking the military out. crease in arrests.’’ Look what they did. This chart is They have great offense to begin with Some people are confused by this sta- Federal drug spending for international for anything military in this adminis- tistical correlation. This is informa- programs. That is stopping drugs at tration, except to deploy them around tion that was given to me by the DEA their source, and the entire program is when there is a lot deployment to de- former administrator Tom Con- like $633 million back in 1999, $660 in mand it for some reason or another dis- stantine. It is an interesting chart be- 1992 under President Bush. traction. cause it shows narcotics arrests and Tomorrow we are going to be talking But we see here an incredible pattern the crime index comparison in New about two and three times that for just of slicing the spending. This is the York City. the mistake they made in closing down slowdown. This is the sabotaging. This In 1993, the figures I spoke to, 64,000, these programs in Colombia. They is the destruction of the war on drugs. or 65,000, this is the number, I believe, closed them down. They closed down Again, we take this, invert it and see and let us make sure we have this, all the international programs, the most what has happened to our young peo- other commands and the narcotics di- cost-effective. We were spending the ple. Look back at this chart and we can vision. The narcotics arrests here again smallest amount of money. Every time see what this Republican Congress has are low. As Mayor Giuliani takes office we get away from the field where that done with this light blip downward in and he gets up to this point that we peasant is getting a couple of pesos or some of the programs that we have in- talked about, we see the index of less than a few dollars for the coca, for stituted, again, in Peru and Bolivia crime, and this is where the crimes the poppy, for the raw material or even that have been so successful. were 432,000 crimes, almost 433,000 processed material down there, they I said I would tell the ‘‘tale of two crimes, start to drop. stop the programs. cities.’’ We had heard the tale of New If that does not show us a correla- I have to bring this chart up. I wish York City and we received the facts tion, that as we increase narcotics ar- I had an overlay. I need to get an over- about New York City. I have talked rests, the crime goes down, I am a lay, because this chart shows, again quite a bit about the contrast in Balti- monkey’s uncle. It is absolutely unbe- under the Reagan administration, de- more and the liberal mayor that, thank lievable, again, that people do not look veloping a war against drugs. They did God, they got rid of who is a disgrace at what has been achieved by the most a real war against drugs. They put re- to Baltimore, and what he did to Balti- outstanding mayor this Nation has sources in the source country, they more driving Baltimore into despair

VerDate 20-MAR-2000 04:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.146 pfrm06 PsN: H28PT1 H1472 CONGRESSIONAL RECORD — HOUSE March 28, 2000 with his liberal policy. We saw the fig- This is an article, it would almost be of that stuff at its source, that is the ures I showed for New York City with a joke, ‘‘The Delay of Copters Hobbles most cost effective. And we do not even dramatic decreases. This is the liberal Colombia in Stopping Drugs.’’ We ac- have to do that. All we have to do is Judith Mann policy that drugs are knowledge the drugs are coming from give them the information. Give the okay, and this is a health problem. Do Colombia. It is not rocket science. We country the information and they will not pay any attention to it. The police have the DEA Signature program do it. are going to be brutal and it is going to which can identify the fields where the Here is the latest. This is just March be horrible, even though the actual heroin is coming from. No heroin pro- 23. I cannot believe this crowd. It says, facts show to the contrary. duced there in 1993; now coming in in it is a response from Claudio De La Mr. Speaker, these are the facts. droves. Puente, the Charge d’Affaires of the These are the dead in Baltimore, 312, What do we need to stop it? Heli- Embassy of Peru. It said, ‘‘In the past 1998. In 1999, it is also 310, 308 range. copters that can get in there and do 4 years, Peru has decreased area pro- This is a record of a liberal policy in eradication and assist both the na- duction of cocaine by 66 percent.’’ which they went for needle exchange. tional police and the military, which Which I stated before. This was due to They went for all of these liberal pro- President Pastrana has radically re- a strategy to strengthen borders grams. I heard the new police chief say formed in going after the people who against drug trafficking. The Peruvian they did not participate in the high-in- are financing the disruption of that Na- Air Force intercepted 91 aircraft in- tensity drug trafficking area on a basis tion on both the right and the left by volving drug trafficking between 1992 in which they had entered into an drug trafficking. and 1997. Key to these results was the agreement on. So they basically had Back in 1998, the helicopters that we provision of monitoring of U.S. intel- let up enforcement, adopted a liberal requested and appropriated before still ligence information.’’ policy and the slaughter in Baltimore were not delivered. And it is almost Mr. Speaker, there was one period in has been horrible. farcical to announce to the Congress here when Clinton came into office, We heard from the new mayor, and that after we did get a handful of these they even stopped the surveillance thank God there is a new mayor, a new Blackhawk helicopters that can do the stuff. We had to pass, Congress, and mayor that recognized that the liberal job, they were not provided with armor clarify the law to allow the informa- policy, and he testified to it, was a fail- so they were not usable until just a few tion sharing, because some liberal at- ure. That the lack of enforcement, he days ago. The ammunition was deliv- torney in one of the departments, De- showed a playground with bullet holes ered to the back-door loading gate of partment of Defense or Department of in the door a few months before he the State Department during the holi- Justice, had misinterpreted and said took office and they have already days rather than to Colombia. we cannot share that information. started enforcement and starting to Then we requested let us get our sur- They might shoot somebody down. It clean up 10 drug markets. Hopefully, plus material to Colombia if we are was the intent of the Congress of the they will even clean up additional open going to have a war on drugs, and the United States to shoot down people air markets. But this is the policy. administration reacted by getting The testimony is absolutely astound- who were carrying death and destruc- some of the equipment there and only ing on the liberal policy of what it cre- tion. When we gave that information to a fraction of the equipment. Some back ated for this city. It created a popu- President Fujimora and to the Peru- to 1998 still was not delivered. I held lation of addiction almost unparalleled vian Air Force, they acted and shot numerous behind-closed-door meetings in the history of the United States. down. so as not to embarrass the administra- The statistics we have are from 40,000 That may be tough for some people tion asking when is the stuff going to back here with this chart in 1996 to to deal with, but these people had be there? This almost became a joke somewhere between 60 and 80,000 drug death and destruction on those planes. addicts today in Baltimore, Maryland. last December, Colombia turns down They were given every warning, but One of the most historic, beautiful cit- dilapidated U.S. trucks. They sent they never succeeded in bringing that ies. It decimated the population of that trucks that were being used in the death and destruction to our borders. city. Who wants to live in Baltimore? Yukon Territory, not suitable to Co- What is absolutely stunning is that A judge, Judge Noelle, testified be- lombia. the United States, since 1998, it says, fore our subcommittee in Baltimore So that is why we are here. That is the Peruvian Air Force has not been that in fact his best success in rehabili- why we are here tonight. That is why able to continue its interdiction oper- tating individuals that he got into the Committee on Rules is meeting to ations because of lack of monitoring court and were involved in drugs was develop a rule to bring forth a bill to be formerly provided by the U.S. AWACS to get them out of Baltimore, because discussed on the floor of this House to- and other aircraft. there is no hope there. morrow about Colombia. That is the We saw in Mr. Giuliani’s and my Who would invest? What individual, inheritance that this administration community we are having more mur- what businessperson would invest in has provided this Congress, the Amer- ders, a few more murders in the past Baltimore when we have murders and ican people. And it would not be so bad year. Here is 1998 when they stopped mayhem and disruption? The same if they just learned by some of their providing that information. Here is a thing is true in South America in Co- mistakes. This is not only the gang report that our subcommittee asked lombia. The peasants will never have that cannot shoot straight; this is the from GAO about what was going on jobs or opportunities and the right gang that could mess up a one-car fu- with DOD assets. Is there a war on wing and the left wing will be killing neral. drugs? They replied to me, the flying each other down there. We have in Co- We asked, in order again to fight a hours had declined from 1992 to last lombia, from that region, 20 percent of real war on drugs, one has to have in- year 68 percent. The maritime tracking the oil supply that we have in the telligence. We stop drugs where they had gone down some 62 percent. This is United States. We have 15,900-plus are grown, so we have to have over- the report. I did not produce it. We had Americans who died from the drugs. flights and surveillance information. GAO produce it. If we just took 75 percent of the ille- Why does some reporter or liberal per- So stopping drugs at their source is gal narcotics which we can trace to the son like Judith Mann not say, ‘‘Mr. not a priority or interdicting drugs at fields in Colombia, we, in fact, know Vice President, I understand you their source and helping countries that that those drugs are coming from moved some of the AWACS out of that are producing to deal with the problem. there, we could attribute 75 percent of area to look for oil spills in Alaska’’? Here is the United States ambas- the deaths in my community, 75 per- Why does some reporter not ask the sador. Let me read from this report. cent of the deaths in Baltimore, and 75 President of the United States, ‘‘I un- The United States Ambassador to Peru percent of the deaths to the failed pol- derstand you moved some of the sur- warned in an October 1998 letter to the icy of this administration, which to veillance capability over to your var- State Department that the reduction this day still cannot get the equipment ious deployments.’’ The information so in air support would have a serious im- that this Congress asked for several critical getting to Peru and Colombia pact on the price of coca. And then we years ago to Colombia. and Bolivia to go after the production see here in news reports the price of

VerDate 20-MAR-2000 04:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.148 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1473 coca has gone down. That is because In the Clinton administration these streets of our communities, illegal nar- the supply is up. Again, a no-brainer. past few years, we have seen the re- cotics. And we see murders and crimes up even quests in this, I am a little color blind Well, we can have a Baltimore or we slightly in those areas that have tough so it is either blue or purple here de- can have a New York City. We can have enforcement policies. pending on one’s ability to detect col- a nation. If we had 80,000 drug addicts So this is a no-brainer. With 12 min- ors. But I definitely know this is red. in Baltimore with 600,000, a declining utes left, I do want to try to cover a The red is the assets provided by DoD population, we can certainly have one couple of the areas that I have not in declined. Requested and provided by out of eight Americans. Certainly that the bill. Some people may say this is DoD. has a tremendous toll. just a partisan Republican coming up So we know that the job has not been We can have people, like in Cali- and commenting tonight. And I will done. We know that the Congress must fornia we heard in testimony at field admit to being partisan. I do not think intercede at this important juncture; hearings in the district of the gen- this drug issue is a partisan issue. I that we must pass this. We must not tleman from California (Mr. OSE), have tried to work with my colleagues get into a debate about getting this abandon their children. Is that what we on both sides of the aisle. I have tried equipment here. want? my best, and heaven knows we have Unfortunately, the bill has been Well, the choice will be ours tomor- tried our best to work with this admin- added to. We have had a series of nat- row. The choice will be ours in the next istration. Holding numerous closed ural disasters in North Carolina and few months. Some serious mistakes door sessions so I would not embarrass other areas. We have had problems in have been made. If we do not learn by them by revealing the bungling in this agriculture. Certainly nothing has been those mistakes, they will be the cries effort. more impacted than the military. of the families and mothers and sisters But we are here now on a very seri- The reason why DOD assets have de- and brothers and relatives of more ous matter. This stuff is coming in. clined is because we have got them off than the 15,973 that were lost in 1998. They have diverted assets. I spent 6 in some dozen deployments that the They will be the cries and sadness of a hours in Puerto Rico and met with President has chosen as a priority. The whole nation. DEA and Customs and other officials priority, I submit, is not to Kosovo We must move together on this. We and all of the band that the gentleman today. The priority is in our own back- must learn by the mistakes of the past. from Illinois (Mr. HASTERT), the Speak- yard. It is in our neighborhoods. It is in I know we can do a better job. Cer- er of the House, set up several years our school. tainly that is our responsibility. ago has been dispersed. Haiti, which we When I go to areas like Sacramento, f will be doing a hearing on in a few where the gentleman from California SUPPORT FIRE AND EMS COMMU- more weeks, has become the Atlanta (Mr. OSE) lives and his family resides, for drug trafficking in the Caribbean. and hear the stories of illegal narcotics NITY WITH AMENDMENT TO This is a country in which we spent bil- and how parents in a community of EMERGENCY SUPPLEMENTAL lions and billions of taxpayers dollars 200,000, 600 abandon their children, APPROPRIATIONS BILL building the police force and so-called there is a program to restore their chil- The SPEAKER pro tempore (Mr. ‘‘nation building’’ and judicial system dren back to their families. Less than 5 OSE). Under a previous order of the and legislative building. The legisla- out of 35 take their children back be- House, the gentleman from Pennsyl- ture does not even meet. We have re- cause drugs have so destroyed their vania (Mr. WELDON) is recognized for 15 placed one dictator with another and minds and their lives and their capa- minutes. turned Haiti, with all of this money, bility even to care for their offspring. Mr. WELDON of Pennsylvania. Mr. into one of the biggest trafficking There is something wrong. Speaker, I rise this evening in an unan- points in the Caribbean. But we are going to take this mes- ticipated move to rally the support of The situation in Puerto Rico is back sage to the floor tomorrow. We are our colleagues on both sides of the to disaster level, and again heroin going to take this message to the aisle and the constituents of our col- flooding in through Haiti, the Domini- American people during this campaign. leagues on both side of the aisle who can Republic, over to Puerto Rico. I am going to conduct hearings across are involved in the Nation’s fire and Once it is in Puerto Rico, it is in the the country from now until the last emergency services and those who sup- United States and it is flying to our day of my term in office this year. port those brave men and women who airports. We will get some results. We will protect our communities, our cities, b 2230 make a difference. If Rudy Giuliani can and our counties all across America. Again, a record which is just incred- do it in New York, if one wants to say Mr. Speaker, there are 32,000 orga- ible, a record which defies logic, but a a tough town, New York is a tough nized departments in this country, 85 record we are going to have to pay for town with tough people. We can have a percent of whom are totally volunteer, with a very big price tag tomorrow as mayor with the success that he has who every day across this Nation, re- the House of Representatives considers had. But how disappointing it must be, spond to every conceivable disaster this monumental piece of legislation to how deflating it must be to him, he that the American people face, not just fund these programs. who has worked so hard, had made so fires, floods, hurricanes, tornados, Again, we know what it will take to many tremendous improvements, when missing children, problems in the com- stop illegal narcotics. We have asked we went to Baltimore, what did we use munity. They are there. Incidents in- GAO to look at what took place, and as a drug treatment example? The peo- volving chemical plants, oil refineries, they tell us basically that the war on ple from Baltimore asked to hear what people who are there when there are drugs is closed down. they were doing in New York City in problems on our waters. Here is the facts. Assets DoD contrib- drug treatments. So not only was there The Nation’s 1.2 million men and utes to reducing the illegal drug supply success in stopping the murders, but in women who serve as our domestic de- have declined. Pretty clear. What is treating the individuals and successful fenders have an opportunity this week sad is, even those who are charged with programs they developed. that they have not had in the 250 year trying to stop drugs again at their But it is not found on the liberal history of this body and this country. source are coming into the United pages of the Washington Post and the Tomorrow, Mr. Speaker, when the sup- States, interdicting them. In this case, other publications that want to de- plemental appropriation bill comes to it is SouthCom, the Southern United mean the mayor of New York and oth- the floor, I expect that an amendment States Military Command. Again, they ers who are on the frontline who have will be offered by myself, by the gen- are not firing at anyone. They are not successful programs. But they will not tleman from Maryland (Mr. HOYER), by going after drugs. They are providing ask any questions to those who have the gentleman from Michigan (Mr. surveillance and basic information left us behind and who have destroyed SMITH), the chairman of the appro- which we share with those countries. real war on drugs, who have dismantled priate subcommittee from the Com- We heard what is going on with the any efforts to stop most cost effec- mittee on Science, by the gentleman countries not getting the information. tively, before they ever get to the from New Jersey (Mr. ANDREWS), by

VerDate 20-MAR-2000 04:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.150 pfrm06 PsN: H28PT1 H1474 CONGRESSIONAL RECORD — HOUSE March 28, 2000 the gentleman from New Jersey (Mr. to promote volunteerism. Do my col- ple like the gentleman from Delaware PASCRELL) who has a major piece of leagues know, Mr. Speaker, the volun- (Mr. CASTLE) and the gentleman from legislation pending, all of us coming teer fire service cannot even qualify for New York (Mr. BOEHLERT), as we come together, along with the gentleman the hundreds of millions of dollars that together in a bipartisan message of from Texas (Mr. ARMEY), the Majority AmeriCorps gets each year? support for these brave and true Amer- Leader, and the gentleman from Texas We support the law enforcement, the ican patriots, the men and women we (Mr. DELAY), the Majority Whip, to police departments in AmeriCorps, in call our domestic defenders. support the first major comprehensive fact about $3 billion a year. We even I urge our colleagues and our con- appropriation for the Nation’s emer- use Federal funds to help buy the po- stituents again to make sure that we gency response community. lice vests for the local police officers. hear that message loudly and clearly Mr. Speaker, I have been in this body But we have done nothing for the fire tomorrow. Get on the phone. Make for 14 years. Before coming to this and EMS community. those calls. Be heard so that this gov- body, I was the mayor of my town; and The President wants 100,000 new ernment responds with a token amount before that, I was the volunteer fire teachers. He wants 100,000 new police of money to allow these people to con- chief and spent a good part of my life officers, not a mention of the fire and tinue to serve America most of them working as a volunteer fire fighter, fire EMS personnel departments and people being volunteers. instructor, trainer for 80 fire compa- across America. f nies as a volunteer in southeastern Tomorrow, Mr. Speaker, in this body, Pennsylvania. our colleagues can have a chance to RECESS It was 13 years ago that I helped or- support the first major appropriation The SPEAKER pro tempore. Pursu- ganize what is today the largest caucus of real dollars to help these brave men ant to clause 12 of rule I, the Chair de- in this body and the other body, and and women: $10 million to fully fund clares the House in recess subject to that is the Congressional Fire and EMS the rural fire protection program, for the call of the Chair. Caucus. Our role has been to raise the small rural departments, $10 million Accordingly (at 10 o’clock and 45 awareness of these brave Americans for burn research, and $80 million for a minutes p.m.), the House stood in re- who every day of every year have pro- national grant program to be competi- cess subject to the call of the Chair. tected our country from domestic trag- tively based, where every fire depart- f edies. ment in America can compete for a Mr. Speaker, there is no other group dollar-for-dollar match for funds to b 0108 of people largely volunteer who, each provide communications, training, AFTER RECESS year, lose 100 of their members who are equipment, to help them better protect killed while responding to disasters, their towns. The recess having expired, the House because that is what happens in Amer- Finally, we will change the provision was called to order by the Speaker pro ica every year. On average, 100 fire and of one of the largest Federal block tempore (Mr. DREIER) at 1 o’clock and EMS personnel are wiped out either in grant programs to our cities and coun- 8 minutes a.m. fires, in accidents, hazmat incidents, ties across America, the Community f floods, tornados, responding to emer- Development Block Grant Program, to REPORT ON RESOLUTION PRO- gency situations, who are just doing allow that money to be used if the VIDING FOR CONSIDERATION OF their job. There is no other profession local leaders so choose for fire and H.R. 3908, 2000 EMERGENCY SUP- where 85 percent of the people are vol- EMS. That could mean the availability PLEMENTAL APPROPRIATIONS unteers and yet 100 of them are killed of up to $4.8 billion this year of money ACT each year. already going out to our cities and We have an opportunity, Mr. Speak- counties across America. Mr. GOSS, from the Committee on er, to recognize these people on the I would ask our colleagues, Mr. Rules, submitted a privileged report House floor tomorrow. Our bipartisan Speaker, to respond affirmatively. I (Rept. No. 106–549) on the resolution (H. amendment will put forth $100 million would ask our constituents all across Res. 450) providing for consideration of of emergency supplemental funds to America to make those phones ring to- the bill (H.R. 3908) making emergency help these men and women better pre- morrow morning from 8 o’clock on to supplemental appropriations for the pare to serve their communities. fiscal year ending September 30, 2000, Now, a cynic might ask, why would make sure that all of our colleagues and for other purposes, which was re- the Federal Government want to help are aware that it is time that this body ferred to the House Calendar and or- what is basically a local responsibility? step up and support these brave Amer- dered to be printed. We are not trying to federalize the fire ican heroes, people who every year service. But we are asking the fire and have fought to keep our towns and our f cities safe. EMS people across this country to do LEAVE OF ABSENCE more and more every day. The supplemental bill is important. We are asking them to respond to in- It will put more money into defense. It By unanimous consent, leave of ab- cidents of terrorism involving chemical will put more money into FEMA. But sence was granted to: or biological weapons. We are asking for the first time, we have an oppor- Mr. FRANKS of New Jersey (at the re- them to respond to large natural disas- tunity to put money into those organi- quest of Mr. Armey) for today and the ters like earthquakes, floods, and tor- zations that have been there in each of balance of the week on account of a nados. Yet the bulk of the money to our towns protecting our citizens. Each death in the family. buy the equipment and do the training congressional district has, on average, Mr. METCALF (at the request of Mr. of these people comes from chicken 80 fire and EMS departments, ambu- ARMEY) for today on account of illness. dinners, tag days, and suppers in the lance organizations, organizations in- f volving rescue and fire departments. fire halls. SPECIAL ORDERS GRANTED We have an opportunity tomorrow, Tomorrow is our chance in this body to Democrats and Republicans, to come support that legislation. By unanimous consent, permission to together with an overwhelming vote in So, Mr. Speaker, in closing I ask our address the House, following the legis- support of our American heroes. These colleagues to support the amendment lative program and any special orders brave men and women who, for 250 that will be offered by myself, the gen- heretofore entered, was granted to: years, have protected America’s towns tleman from Maryland (Mr. HOYER), (The following Members (at the re- and cities, a unique aspect of this the gentleman from New Jersey (Mr. quest of Mr. GREEN of Texas ) to revise group, Mr. Speaker, is they protect our PASCRELL), the gentleman from New and extend their remarks and include inner city urban areas and they protect Jersey (Mr. ANDREWS), the gentleman extraneous material:) our rural farming districts. They are from Michigan (Mr. SMITH) with the Mr. DAVIS of Illinois, for 5 minutes, all over America. support of the gentleman from Texas today. We have missed the boat. We created (Mr. ARMEY) and the gentleman from Mr. GREEN of Texas, for 5 minutes, the AmeriCorps program, a great idea Texas (Mr. DELAY), the support of peo- today.

VerDate 20-MAR-2000 04:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.152 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1475 Ms. NORTON, for 5 minutes, today. ministration, Department of Labor, trans- 6827. A letter from the Benefits Manager, Mrs. MINK of Hawaii, for 5 minutes, mitting the Department’s final rule—Interim CoBank, transmitting the annual report of today. Rule for the Assessment of Civil Penalities the Comptrollers’ ACB Retirement Plan for Under Section 502(c)(5) or ERISA (RIN: 1210– the year ending December 31, 1998, pursuant Mrs. MALONEY of New York, for 5 AA54) received February 22, 2000, pursuant to to 31 U.S.C. 9503(a)(1)(B); to the Committee minutes, today. 5 U.S.C. 801(a)(1)(A); to the Committee on on Government Reform. Mr. SHERMAN, for 5 minutes, today. Education and the Workforce. 6828. A letter from the Assistant Secretary (The following Members (at the re- 6819. A letter from the Acting Assistant for Legislative Affairs, Department of State, quest of Mr. BILIRAKIS) to revise and Secretary, Pension and Welfare Benefits Ad- transmitting the FY 1999 Inventory of Com- extend their remarks and include ex- ministration, Department of Labor, trans- mercial Activities; to the Committee on traneous material:) mitting the Department’s final rule—Interim Government Reform. Rule Governing Procedures for Administra- 6829. A letter from the Administrative Offi- Mr. BILIRAKIS, for 5 minutes, today. tive Hearings Regarding the Assessment of cer, Office of Independent Counsel, transmit- Mr. JONES of North Carolina, for 5 Civil Penalties under Section 502(c)(5) of ting the annual report on Audit & Investiga- minutes, today and March 29. ERISA (RIN: 1210–AA54) received February tive Activities, pursuant to 5 U.S.C. app. Mr. BURTON of Indiana, for 5 minutes, 22, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to (Insp. Gen. Act) section 5(b); to the Com- April 4. the Committee on Education and the Work- mittee on Government Reform. 6830. A letter from the Director, Office of Mr. FOSSELLA, for 5 minutes, today. force. Personnel Management, transmitting the Mr. DELAY, for 5 minutes, today. 6820. A letter from the Legal Advisor, Cable Services Bureau, Federal Communica- semiannual report on the activities of the Mr. GILMAN, for 5 minutes, today. tions Commission, transmitting the Com- Office of Inspector General, pursuant to 5 f mission’s final rule—Implementation of Sec- U.S.C. app. (Insp. Gen. Act) section 5(b); to the Committee on Government Reform. SENATE BILL REFERRED tion 11(c) of the Cable Television Consumer Protection and Competition Act of 1992; Hor- 6831. A letter from the Public Printer, Gov- ernment Printing Office, transmitting a copy A bill of the Senate of the following izontal Ownership Limits [MM Docket No. of the Biennial Report to Congress on the 92–264] received March 8, 2000, pursuant to 5 title was taken from the Speaker’s Status of GPO Access, an online information U.S.C. 801(a)(1)(A); to the Committee on table and, under the rule, referred as service of the Government Printing Office, follows: Commerce. 6821. A letter from the Special Assistant to pursuant to Public Law 103–40, section 3 (107 S. 1731. An act to amend the Clean Air Act the Bureau Chief, Mass Media Bureau, Fed- Stat. 113); to the Committee on House Ad- to provide that certain environmental re- eral Communications Commission, transmit- ministration. 6832. A letter from the Deputy Assistant ports shall continue to be required to be sub- ting the Commission’s final rule—Amend- Administrator for Fisheries, National Ma- mitted; to the Committee on Commerce. ment of Section 73.202(b), Table of Allot- rine Fisheries Service, National Oceanic and f ments, FM Broadcast Stations (Paxton, Ne- Atmospheric Administration, transmitting braska) [MM Docket No. 99–159 RM–9616] the Administration’s final rule—Fisheries of BILL PRESENTED TO THE (Overton, Nebraska) [MM Docket No. 99–160 PRESIDENT the Northeastern United States; Fishery RM–9617] (Hershey, Nebraska) [MM Docket Management Plan for the Summer Flounder, Mr. THOMAS, from the Committee No. 99–161 RM–9565] (Sutherland, Nebraska) Scup, and Black Sea Bass Fisheries; Exten- on House Administration, reported [MM Docket No. 99–162 RM–9566] (Ravenna, sion of the Interim Rule [Docket No. Nebraska) [MM Docket No. 99–192 RM–9633] 990422103–9209–02; 031099B] (RIN: 0648–AL75) that that committee did on this day received March 8, 2000, pursuant to 5 U.S.C. present to the President, for his ap- received March 14, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Resources. proval, a bill of the House of the fol- 6822. A letter from the Special Assistant to 6833. A letter from the Director, Office of lowing title: the Bureau Chief, Mass Media Bureau, Fed- Regulations Management, Department of H.R. 1000. To amend title 49, United States eral Communications Commission, transmit- Veterans Affairs, transmitting the Depart- Code, to reauthorize programs of the Federal ting the Commission’s final rule—Amend- ment’s final rule—Child; Educational Insti- Aviation Administration, and for other pur- ment of Section 73.202(b), Table of Allot- tution (RIN: 2900–AJ54) received March 6, poses. ments, FM Broadcast Stations. (Colony and 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Weatherford, Oklahoma) [MM Docket No. 99– f Committee on Veterans’ Affairs. 190 RM–9631 RM–9689] received March 8, 2000, 6834. A letter from the Director, Holocaust ADJOURNMENT pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Memorial Museum, transmitting a report en- mittee on Commerce. titled, ‘‘A Study of Governance and Manage- Mr. GOSS. Mr. Speaker, I move that 6823. A letter from the Special Assistant to ment’’; jointly to the Committees on Re- the House do now adjourn. the Bureau Chief, Mass Media Bureau, Fed- sources and Ways and Means. The motion was agreed to; accord- eral Communications Commission, transmit- 6835. A letter from the Administrator’s of ingly (at 1 o’clock and 9 minutes a.m.), ting the Commission’s final rule—Amend- Federal Aviation Administration and Na- the House adjourned until today, ment of Section 73.202(b), Table of Allot- tional Aeronautics and Space Administra- ments, FM Broadcast Stations. (Denmark Wednesday, March 29, 2000, at 10 a.m. tion, transmitting an amendment to the and Kaukauna, Wisconsin) [MM Docket No. joint report to Congress on the progress f 99–36 RM–9372] received March 8, 2000, pursu- being made under the Subsonic Noise Reduc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion Technology Program, Fiscal Year 1998, EXECUTIVE COMMUNICATIONS, on Commerce. pursuant to 49 U.S.C. app. 1353 nt.; jointly to ETC. 6824. A letter from the Special Assistant to the Committees on Transportation and In- Under clause 8 of rule XII, executive the Bureau Chief, Mass Media Bureau, Fed- frastructure and Science. communications were taken from the eral Communications Commission, transmit- 6836. A letter from the Administrator’s of ting the Commission’s final rule—Amend- Federal Aviation Administration and Na- Speaker’s table and referred as follows: ment of Section 73.202(b), FM Table of Allot- tional Aeronautics and Space Administra- 6816. A communication from the President ments, FM Broadcast Stations. (Pleasanton, tion, transmitting a joint report to Congress of the United States, transmitting requests Bandera Hondo, and Schertz, Texas) [MM on the progress being made under the Sub- for FY 2000 supplemental appropriations for Docket No. 98–55 RM–9255 RM–9327] received sonic Noise Reduction Technology Program, the Department of Health and Human Serv- March 8, 2000, pursuant to 5 U.S.C. Fiscal Year 1998, pursuant to 49 U.S.C. app. ices, Labor, and Transportation; the Social 801(a)(1)(A); to the Committee on Commerce. 1353 nt.; jointly to the Committees on Trans- Security Administration; and, the 6825. A letter from the Assistant Secretary portation and Infrastructure and Science. Presidental Advisory Commission on Holo- for Legislative Affairs, Department of State, f caust Assets in the United States; (H. Doc. transmitting certification of a proposed li- No. 106–218); to the Committee on Appropria- cense for the export of defense articles or de- REPORTS OF COMMITTEES ON tions and ordered to be printed. fense services sold commercially under a PUBLIC BILLS AND RESOLUTIONS 6817. A letter from the Under Secretary, contract to Russia [Transmittal No. DTC Under clause 2 of rule XIII, reports of Acquisition and Technology, Department of 014–00], pursuant to 22 U.S.C. 2776(c); to the committees were delivered to the Clerk Defense, transmitting A report identifying Committee on International Relations. the percentage of funds that were expended 6826. A letter from the Under Secretary, for printing and reference to the proper during the two preceding fiscal year for per- Acquisition and Technology, Department of calendar, as follows: formance of depot-level maintenance and re- Defense, transmitting a report to describe Mr. LEACH: Committee on Banking and pair workloads, pursuant to Public Law 105– the extent to which commercial and indus- Financial Services. H.R. 3519. A bill to pro- 85 section 358 (111 Stat. 1696); to the Com- trial type functions were performed by DOD vide for negotiations for the creation of a mittee on Armed Services. contractors during the preceeding fiscal trust fund to be administered by the Inter- 6818. A letter from the Acting Assistant year, pursuant to 10 U.S.C. 2461; to the Com- national Bank for Reconstruction and Devel- Secretary, Pension and Welfare Benefits Ad- mittee on Government Reform. opment of the International Development

VerDate 20-MAR-2000 04:28 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K28MR7.156 pfrm06 PsN: H28PT1 H1476 CONGRESSIONAL RECORD — HOUSE March 28, 2000 Association to combat the AIDS epidemic; By Mr. BACHUS: tions of the Federal Government that are with an amendment (Rept. 106–548). Referred H.R. 4096. A bill to authorize the Secretary not inherently governmental functions, for to the Committee of the Whole House on the of the Treasury to produce currency, postage determining the appropriate organizations state of the Union. stamps, and other security documents at the for the performance of such functions on the Mr. GOSS: Committee on Rules. House request of foreign governments, and security basis of competition, and for other purposes; Resolution 450. Resolution providing for con- documents at the request of the individual to the Committee on Government Reform. sideration of the bill (H.R. 3908) making States or any political subdivision thereof, By Mr. TAYLOR of Mississippi: emergency supplemental appropriations for on a reimbursable basis, and for other pur- H.R. 4104. A bill to amend the Federal the fiscal year ending September 30, 2000, and poses; to the Committee on Banking and Fi- Water Pollution Control Act to authorize for other purposes (Rept. 106–549). Referred nancial Services. funding to carry out certain water quality to the House Calendar. By Mr. BACHUS: and barrier island restoration projects for f H.R. 4097. A bill to define the value of the Mississippi Sound, and for other pur- items that are used in the production of se- poses; to the Committee on Transportation PUBLIC BILLS AND RESOLUTIONS curities by the Bureau of Engraving and and Infrastructure. Under clause 2 of rule XII, public Printing; to the Committee on the Judiciary. By Mr. TRAFICANT: bills and resolutions were introduced By Mr. HOEKSTRA (for himself, Mr. H.R. 4105. A bill to establish the Fair Jus- and severally referred, as follows: ROEMER, Mr. NORWOOD, Mr. KIND, Mr. tice Agency as an independent agency for in- HILLEARY, Mr. FORD, Mr. SCHAFFER, vestigating and prosecuting alleged mis- By Mrs. JOHNSON of Connecticut (for Mr. MORAN of Virginia, Mr. conduct, criminal activity, corruption, or herself, Mr. RANGEL, Mr. HOUGHTON, TANCREDO, Mr. TAYLOR of Mississippi, fraud by an officer or employee of the De- Mr. STARK, Mr. MATSUI, Mr. COYNE, Mr. WOLF, Mr. GUTKNECHT, and Mr. partment of Justice; to the Committee on Mr. LEVIN, Mr. CARDIN, Mr. BASS): the Judiciary. MCDERMOTT, Mr. KLECZKA, Mr. LEWIS H.R. 4098. A bill to require the Secretary of By Mr. PITTS (for himself, Mr. STEN- of Georgia, Mr. NEAL of Massachu- Labor to issue regulations specifying the ap- HOLM, Mr. KASICH, Mr. HALL of Ohio, setts, Mr. MCNULTY, Mr. BECERRA, plication of the Occupational Safety and Mr. SOUDER, Ms. DELAURO, Mr. CAMP, Mrs. THURMAN, Mrs. MORELLA, Mr. Health Act of 1970 to home office employ- Mr. LARSON, Mrs. MALONEY of New GEPHARDT, Mr. GILCHREST, Mr. ment to foster 21st Century telework oppor- York, Mr. TANNER, and Mr. BARRETT BONIOR, Mr. GILMAN, Mr. TRAFICANT, tunities, to maximize public participation in of Wisconsin): Mr. QUINN, Mr. DOYLE, Mr. NEY, Mr. the formulation of such regulations, and for H.R. 4106. A bill to provide for the estab- CAPUANO, Mr. HORN, Mr. MEEKS of other purposes; to the Committee on Edu- lishment of Individual Development Ac- New York, Mr. LEACH, Mr. FORBES, cation and the Workforce. counts (IDAs) that will allow individuals and Mr. BOEHLERT, Mr. BALDACCI, Mr. By Ms. NORTON (for herself, Mr. DAVIS families with limited means an opportunity EHLERS, Mr. FATTAH, Mrs. KELLY, of Virginia, Mr. HOYER, Mrs. to accumulate assets, to access education, to Mr. ENGEL, Mr. MCHUGH, Mrs. LOWEY, MORELLA, and Mr. WYNN): own their own homes and businesses, and ul- Mr. FRANKS of New Jersey, Mrs. H.R. 4099. A bill to amend the District of timately to achieve economic self-suffi- CAPPS, Mr. WALSH, Mrs. MALONEY of Columbia Retirement Protection Act of 1997 ciency, and for other purposes; to the Com- New York, Mr. SAXTON, Mr. BARCIA, to include certain service longevity pay- mittee on Ways and Means. Mr. CROWLEY, Mr. CONYERS, Mrs. ments in the amount of Federal benefit pay- By Mr. RANGEL: CLAYTON, Mr. FARR of California, ments made under such Act to officers and H.R. 4107. A bill to amend title XVIII of the Mrs. TAUSCHER, Mr. BLAGOJEVICH, members of the Metropolitan Police Depart- Social Security Act to provide for coverage Mr. NADLER, Mr. MOAKLEY, Mr. HIN- ment; to the Committee on Government Re- of a program of coordinated lifestyle changes CHEY, Mr. PASTOR, Mrs. MCCARTHY of form. to reverse individuals at significant clinical New York, Mr. ABERCROMBIE, Mr. By Mr. PITTS (for himself, Mr. BOEH- risk for a heart attack under part B of the BROWN of Ohio, Ms. VELAZQUEZ, Mr. LERT, Mrs. CAPPS, Mr. PETERSON of Medicare Program; to the Committee on SKELTON, Mr. WEINER, Mr. Pennsylvania, Mr. DEMINT, Mr. Commerce, and in addition to the Committee ETHERIDGE, Mrs. CHRISTENSEN, Mr. ENGLISH, Mr. GOODE, Mr. HOEFFEL, on Ways and Means, for a period to be subse- DIXON, Mr. MASCARA, Mr. OBERSTAR, Mr. GOODLING, Mr. WELDON of Penn- quently determined by the Speaker, in each Mr. PALLONE, Mr. BISHOP, Mr. sylvania, Mr. GILMAN, Mr. TANCREDO, case for consideration of such provisions as SANDLIN, Mr. FRANK of Massachu- Mr. RYUN of Kansas, Mr. FRANKS of fall within the jurisdiction of the committee setts, Ms. JACKSON-LEE of Texas, Ms. New Jersey, Mr. KINGSTON, and Mr. concerned. ROYBAL-ALLARD, Ms. LOFGREN, Ms. DEAL of Georgia): By Mr. ROTHMAN (for himself, Mr. WOOLSEY, Mr. TIERNEY, Mr. FILNER, H.R. 4100. A bill to amend the Internal Rev- ROEMER, Mr. HYDE, Mr. SCOTT, Mr. Mr. BORSKI, Mr. FROST, Mr. PAYNE, enue Code of 1986 to exclude from gross in- HUTCHINSON, Mr. WEINER, Mr. CANADY Mrs. NAPOLITANO, Mr. BACA, Mr. come gain on the sale or exchange of certain of Florida, Mrs. MCCARTHY of New BLUMENAUER, Mr. WEYGAND, Ms. WA- farmland the use of which is restricted in York, Mr. CONYERS, Mrs. BONO, and TERS, Mr. OWENS, Mrs. JONES of Ohio, perpetuity to use as farmland; to the Com- Ms. JACKSON-LEE of Texas): Mr. KENNEDY of Rhode Island, Ms. mittee on Ways and Means. H.R. 4108. A bill to amend the Omnibus NORTON, Mr. WAXMAN, Mr. DINGELL, By Mr. PITTS (for himself, Mr. BOEH- Crime Control and Safe Streets Act of 1968 to Mr. STRICKLAND, Ms. SANCHEZ, Mr. LERT, Mrs. CAPPS, Mr. PETERSON of make grants to improve security at schools, LANTOS, Mr. ALLEN, Mr. BAIRD, Mr. Pennsylvania, Mr. DEMINT, Mr. including the placement and use of metal de- BARRETT of Wisconsin, Mr. BERMAN, ENGLISH, Mr. GOODE, Mr. HOEFFEL, tectors; to the Committee on the Judiciary. Ms. CARSON, Mr. DEUTSCH, Mr. GREEN Mr. GOODLING, Mr. WELDON of Penn- By Mr. PAYNE: of Texas, Mr. HOYER, Mr. SNYDER, sylvania, Mr. GILMAN, Mr. TANCREDO, H. Con. Res. 294. Concurrent resolution ex- Mr. SHERMAN, Mr. TOWNS, Mr. REYES, Mr. RYUN of Kansas, Mr. FRANKS of pressing the sense of the Congress that the Mr. MALONEY of Connecticut, Mr. New Jersey, Mr. KINGSTON, and Mr. Parthenon Marbles should be returned to KILDEE, Ms. SCHAKOWSKY, Mr. WU, DEAL of Georgia): Greece; to the Committee on International Mr. CLAY, Mrs. MEEK of Florida, Mr. H.R. 4101. A bill to amend the Internal Rev- Relations. ACKERMAN, Mr. MCGOVERN, Mr. enue Code of 1986 to exclude from estate MENENDEZ, Mr. MCINTYRE, Mr. JEF- taxes the value of certain farmland the use f FERSON, Mr. POMEROY, and Ms. BERK- of which is restricted in perpetuity to use as LEY): farmland; to the Committee on Ways and ADDITIONAL SPONSORS H.R. 4094. A bill to amend the Internal Rev- Means. Under clause 7 of rule XII, sponsors enue Code of 1986 to expand the incentives By Mr. SAXTON: were added to public bills and resolu- for the construction and renovation of public H.R. 4102. A bill to direct the Secretary of schools; to the Committee on Ways and the Treasury to instruct the United States tions as follows: Means, and in addition to the Committee on Executive Director at the International H.R. 49: Mr. WEXLER, Mr. SANDERS, Ms. Education and the Workforce, for a period to Monetary Fund to oppose any new loan by SCHAKOWSKY, Mr. RANGEL, Ms. HOOLEY of Or- be subsequently determined by the Speaker, the International Monetary Fund to any egon, Mr. SKELTON, Mr. SERRANO, and Mr. in each case for consideration of such provi- country that is acting to restrict oil produc- MCHUGH. sions as fall within the jurisdiction of the tion to the detriment of the United States H.R. 175: Mr. LINDER. committee concerned. economy, except in emergency cir- H.R. 225: Mr. BACA. By Mr. MCINNIS: cumstances; to the Committee on Banking H.R. 252: Mr. TERRY. H.R. 4095. A bill to provide for the estab- and Financial Services. H.R. 254: Mr. SESSIONS. lishment of the Great Sand Dunes National By Mr. SESSIONS (for himself and Mr. H.R. 303: Mr. ALLEN, Mr. EWING, Mr. KAN- Park and the Great Sand Dunes National DUNCAN): JORSKI, and Ms. BERKLEY. Park Preserve in the State of Colorado, and H.R. 4103. A bill to amend the Federal Ac- H.R. 306: Mrs. NAPOLITANO. for other purposes; to the Committee on Re- tivities Inventory Reform Act of 1998 to im- H.R. 372: Mr. FOLEY. sources. prove the process for identifying the func- H.R. 374: Mr. ANDREWS and Mr. PALLONE.

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H.R. 394: Mr. BAIRD. H.R. 2907: Mr. FORBES, Ms. SCHAKOWSKY, H.R. 3873: Mr. RANGEL and Mr. WU. H.R. 395: Mr. BAIRD. and Mr. BACA. H.R. 3883: Mr. BONIOR. H.R. 397: Mr. BAIRD. H.R. 2939: Ms. SCHAKOWSKY. H.R. 3889: Ms. PELOSI, Mrs. MALONEY of H.R. 403: Mr. LAFALCE and Mr. CANNON. H.R. 2953: Mr. CRAMER. New York, Mr. CROWLEY, Mr. KLECZKA, and H.R. 515: Mr. BORSKI, Mr. JEFFERSON, and H.R. 2973: Mr. RAMSTAD, Mr. ENGLISH, and Ms. WOOLSEY. Mr. UNDERWOOD. Ms. MCKINNEY. H.R. 3916: Mr. WATKINS, Mr. HOBSON, Mr. H.R. 568: Ms. MILLENDER-MCDONALD. H.R. 3043: Mr. MINGE. FOLEY, Mr. RAMSTAD, Mrs. JOHNSON of Con- H.R. 583: Ms. KILPATRICK. H.R. 3084: Mr. SOUDER. necticut, Mrs. MYRICK, Mr. SAM JOHNSON of H.R. 612: Mr. BACA and Ms. SCHAKOWSKY. H.R. 3102: Mr. MANZULLO. Texas, and Mr. BLUNT. H.R. 701: Mr. EDWARDS. H.R. 3113: Mr. ADERHOLT, Mr. GOODLATTE, H.R. 3980: Mr. SOUDER, Mr. BRYANT, Mrs. H.R. 710: Mr. ISAKSON. Mr. WELLER, and Mr. MOORE. CUBIN, Mr. SAM JOHNSON of Texas, and Mrs. H.R. 730: Mr. GUTIERREZ. H.R. 3294: Mr. BONILLA. MYRICK. H.R. 783: Mr. OWENS. H.R. 3301: Mr. GILMAN, Mr. MCDERMOTT, H.R. 3981: Mr. RUSH. H.R. 803: Mr. SAXTON. Mr. GREEN of Texas, Mr. OWENS, and Mr. H.R. 4003: Mr. MCINNIS, Mr. RAMSTAD, and H.R. 827: Mr. BACA. WEYGAND. Mr. SWEENEY. H.R. 828: Mr. WELLER. H.R. 3315: Mr. LAFALCE. H.R. 4018: Mr. MCHUGH. H.R. 840: Ms. MCKINNEY. H.R. 3327: Mr. HILL of Montana. H.R. 4021: Mr. HERGER. H.R. 879: Ms. BERKLEY. H.R. 3377: Ms. CARSON and Mr. ANDREWS. H.R. 4025: Mr. EHLERS and Mr. BAKER. H.R. 894: Mr. SANDLIN. H.R. 3392: Mr. SMITH of Washington. H.R. 4033: Mrs. LOWEY, Mr. MENDENEZ, Mr. H.R. 904: Mr. PETERSON of Pennsylvania H.R. 3439: Mr. HILLEARY, Ms. DUNN, Mr. LEVIN, Mr. FILNER, Mr. STARK, Mr. TIERNEY, and Ms. LOFGREN. WALDEN of Oregon, Mr. FLETCHER, and Mr. Mr. DICKS, Mr. REYES, Mr. GEORGE MILLER of H.R. 1041: Mr. RYAN of Wisconsin, Mr. NUSSLE. California, Mr. BORSKI, Mr. CLAY, Mrs. OXLEY, and Mr. PETERSON of Minnesota. H.R. 3519: Mr. RANGEL. MYRICK, Mr. SPRATT, Mr. BARCIA, Mr. GIL- H.R. 1055: Mr. ROGAN, Mr. WALDEN of Or- H.R. 3558: Mr. KUCINICH. MAN, Mr. PRICE of North Carolina, Mrs. egon, Mr. ROHRABACHER, and Mr. GIBBONS. H.R. 3565: Mr. METCALF and Mr. PAUL. CHRISTENSEN, Mr. RILEY, Mr. DIXON, Mr. H.R. 1082: Mr. SERRANO. H.R. 3571: Mr. NADLER, Mr. CROWLEY, and FLETCHER, Mr. CROWLEY, Mr. INSLEE, Mr. H.R. 1168: Mr. HINOJOSA, Mr. GOODLING, Mr. Ms. PELOSI. TANNER, Ms. SLAUGHTER, Mr. COOK, Mr. POMEROY, and Mr. SERRANO. H.R. 3572: Mr. CONYERS, Ms. JACKSON-LEE EVANS, and Mr. LAMPSON. H.R. 1194: Mr. FOLEY. of Texas, and Mr. MCCOLLUM. H.R. 4057: Mr. BERMAN, Mr. COYNE, Mr. H.R. 1217: Mr. BILBRAY, Mr. KING, Mr. H.R. 3573: Mr. CLYBURN, Ms. JACKSON-LEE WALSH, Mr. YOUNG of Alaska, Ms. SLAUGH- PETRI, Mr. UDALL of New Mexico, and Mr. of Texas, Mr. JEFFERSON, and Mr. OXLEY. TER, Mr. MORAN of Virginia, Ms. CARSON, Mr. BOEHLERT. H.R. 3575: Ms. CARSON. WEXLER, and Mr. CONYERS. H.R. 1304: Mr. BACA. H.R. 3590: Mr. HERGER. H.R. 4059: Mr. LARSON and Mrs. MALONEY of H.R. 1337: Mr. SMITH of Washington. H.R. 3593: Mr. SIMPSON, Mr. WALDEN of Or- New York. H.R. 1387: Mr. LAHOOD, Mrs. BIGGERT, and egon, Mr. METCALF, and Mr. MCHUGH. H.R. 4066: Mr. SHERMAN, Mr. BECERRA, Mr. Mr. BARTON of Texas. H.R. 3608: Mr. STUPAK and Mr. RUSH. ABERCROMBIE, and Mr. CROWLEY. H.R. 1413: Mr. CAMP. H.R. 3621: Mr. SPRATT and Mr. GONZALEZ. H.R. 4067: Mr. KANJORSKI AND MS. HOOLEY H.R. 1592: Mr. BRADY of Texas. H.R. 3634: Mr. DAVIS of Florida, Mr. of Oregon. H.R. 1660: Mr. BACA. WEXLER, Mr. STARK, Mr. SHAYS, Ms. BERK- H.R. 4069: Ms. GRANGER, Ms. JACKSON-LEE H.R. 1776: Mr. PRICE of North Carolina. LEY, Mr. MINGE, Mr. LEVIN, Mr. SCOTT, Mr. of Texas, Mr. JEFFERSON, Mr. UPTON, Mr. H.R. 1816: Ms. JACKSON-LEE of Texas, Mr. HOEFFEL, Mr. SHERMAN, Mr. ANDREWS, Ms. BOEHLERT, Mr. SANDLIN, Mr. HOBSON, Mr. BACHUS, and Mr. MOORE. LOFGREN, Mr. INSLEE, Mrs. JOHNSON of Con- ENGLISH, Ms. PRYCE of Ohio, Mr. FORBES, Mr. H.R. 1885: Mr. HEFLEY and Mr. BACA. necticut, Mr. HORN, Mr. BENTSEN, Mrs. SMITH of New Jersey, Mr. BARRETT of Wis- H.R. 2059: Mr. ENGEL. MCCARTHY of New York, Mr. FARR of Cali- consin, Mr. PORTMAN, Mr. RILEY, Mr. MAT- H.R. 2129: Mr. GILCHREST and Mr. fornia, Ms. DELAURO, Mr. ABERCROMBIE, Mr. SUI, Mr. KUYKENDALL, Mr. LANTOS, Mr. WHITFIELD. BOEHLERT, Mr. TOWNS, Mr. MEEHAN, and Mr. MALONEY of Connecticut, Mr. HILLIARD, Mr. H.R. 2136: Mr. SANDLIN. GEJDENSON. FRELINGHUYSEN, Mrs. NORTHUP, and Mr. H.R. 2141: Mr. TANCREDO and Mr. OWENS. H.R. 3660: Mr. HULSHOF, Mr. SMITH of NETHERCUTT. H.R. 2149: Mr. MOORE. Texas, Mr. SAM JOHNSON of Texas, Mr. H.R. 4082: Mrs. ROUKEMA, Mrs. JONES of H.R. 2166: Mr. SANDERS, Mr. CLYBURN, Mr. THUNE, Mr. ROGERS, Mr. CALLAHAN, Mr. Ohio, Mr. BACHUS, Mr. ISAKSON, Mr. PICK- DEUTSCH, Mr. GEJDENSON, and Mr. WEYGAND. GOODLATTE, and Mr. STENHOLM. ERING, and Mr. BOUCHER. H.R. 2265: Mr. GONZALEZ and Ms. ROYBAL- H.R. 3680: Mr. BURR of North Carolina, Mr. H.R. 4085: Mr. DOOLITTLE. ALLARD. DOOLEY of California, Mr. GEJDENSON, Mr. H.R. 4093: Ms. JACKSON-LEE of Texas. H.R. 2298: Mr. BACA. HASTINGS of Washington, Mrs. MCCARTHY of H.J. Res. 64: Ms. STABENOW, Mr. BURTON of H.R. 2308: Mr. ENGEL and Mr. DEUTSCH. New York, Mr. CAMPBELL, Ms. STABENOW, Indiana, and Mr. BACA. H.R. 2341: Mr. HUTCHINSON, Ms. MCKINNEY, Mr. SALMON, Mr. MCGOVERN, Mr. PETRI, and H.J. Res. 90: Mr. COBURN. Mr. DIXON, Mr. ANDREWS, Mr. PAYNE, Mr. Mr. BOUCHER. H. Con. Res. 74: Ms. SCHAKOWSKY. HINOJOSA, Mr. SABO, Mr. DEFAZIO, and Mr. H.R. 3694: Mr. DOOLITTLE. H. Con. Res. 114: Mr. LAMPSON. HOEKSTRA. H.R. 3695: Mr. DUNCAN. H. Con. Res. 229: Mr. OWENS. H.R. 2382: Mr. GILCHREST and Mr. SHAYS. H.R. 3698: Mr. KUYKENDALL, Mr. WELDON of H. Con. Res. 249: Ms. PELOSI, Mr. GUTIER- H.R. 2397: Mr. NEAL of Massachusetts, Mr. Pennsylvania, Mr. LUCAS of Kentucky, Mr. REZ, and Mrs. MINK of Hawaii. LAFALCE, Mr. DIXON, Mr. STUPAK, Mr. BROWN of Ohio, and Mr. BOUCHER. H. Con. Res. 260: Mr. SHIMKUS, Mrs. CUBIN, REYES, and Mr. PRICE of North Carolina. H.R. 3705: Mr. PASTOR, Mr. DINGELL, Mr. and Mr. THUNE. H.R. 2402: Mr. DICKEY, Mr. BRYANT, and Mr. BENTSEN, Ms. SCHAKOWSKY, Mr. FRANK of H. Con. Res. 266: Mr. DOYLE, Mr. FILNER, ROGERS. Massachusetts, Mr. DAVIS of Illinois, Mr. Mr. PAUL, Mr. LEACH, Mrs. JONES of Ohio, H.R. 2457: Mr. EVANS. CAPUANO, Mr. EVANS, Mr. LANTOS, Ms. Mr. PASTOR, Mr. TERRY, Mr. RADANOVICH, H.R. 2511: Mr. THORNBERRY, Mr. SHADEGG, PELOSI, Mr. RUSH, Mr. ENGEL, Mr. WAXMAN, Mr. ISAKSON, Mr. DEMINT, Mr. SANDLIN, and Mrs. CHENOWETH-HAGE, and Mr. STEARNS. and Mr. GREEN of Texas. Mr. GUTIERREZ. H.R. 2588: Mr. DELAHUNT and Ms. MCKIN- H.R. 3707: Mr. BROWN of Ohio. H. Con. Res. 167: Mr. CAMPBELL. NEY. H.R. 3710: Mr. LUCAS of Kentucky, Mr. H. Con. Res. 269: Mr. GIBBONS and Mr. LAN- H.R. 2749: Mr. WELLER and Mr. DEAL of UDALL of Colorado, Mr. BOUCHER, Mr. CON- TOS. Georgia. YERS, Mr. NADLER, Mr. SANDLIN, and Mr. H. Con. Res. 271: Mr. SMITH of New Jersey, H.R. 2776: Mr. KUCINICH and Mr. HINCHEY. NEAL of Massachusetts. Mr. GALLEGLY, Ms. SCHAKOWSKY, Mr. DIXON, H.R. 2788: Mrs. EMERSON. H.R. 3766: Mr. MINGE, Mr. NEAL of Massa- Mr. FROST, Mr. LANTOS, and Mr. GREEN of H.R. 2789: Mr. ENGEL and Ms. MCKINNEY. chusetts, Mr. ENGEL, Mr. WEINER, and Mr. Texas. H.R. 2790: Mr. LANTOS. UDALL of New Mexico. H. Con. Res. 273: Ms. HOOLEY of Oregon. H.R. 2810: Mr. BLAGOJEVICH. H.R. 3767: Ms. BERKLEY, Mr. MARTINEZ, and H. Con. Res. 285: Mr. SHERWOOD and Mr. H.R. 2814: Mr. BRADY of Pennsylvania, Mr. Ms. MCKINNEY. ISAKSON. H. Con. Res. 292: Mr. RADANOVICH, Mr. CAS- DAVIS of Virginia, and Mr. BAIRD. H.R. 3806:´ Mr. GUTIERREZ and Mr. ROMERO- H.R. 2825: Mr. CANNON. BARCELO. TLE, Mr. CUNNINGHAM, Mr. JONES of North H.R. 2832: Mr. DELAHUNT. H.R. 3826: Mr. HINOJOSA and Mr. FROST. Carolina, Mr. LAHOOD, Mr. SMITH of Michi- H.R. 2867: Mrs. MYRICK. H.R. 3831: Ms. EDDIE BERNICE JOHNSON of gan, Mr. TANCREDO, Mr. SOUDER, Mr. TERRY, H.R. 2870: Mr. DIAZ-BALART, Mr. WALSH, Texas. Mr. THUNE, Mr. BERMAN, Mr. LAZIO, Mr. and Mrs. MORELLA. H.R. 3842: Mr. LUCAS of Kentucky, Mr. SMITH of Texas, Mr. ORTIZ, Ms. PRYCE of H.R. 2883: Ms. PRYCE of Ohio, Mr. SHIMKUS, SANDERS, Mr. ALLEN, and Mr. GORDON. Ohio, Mr. HOBSON, Mr. HAYES, Mr. GEKAS, and Mr. EVANS. H.R. 3844: Mr. OSE. Mr. MARTINEZ, Mr. KUYKENDALL, Mr. BASS, H.R. 2892: Mrs. WILSON, Mr. CUNNINGHAM, H.R. 3863: Mr. SANDERS. Mr. RILEY, Mr. BROWN of Ohio, Mr. SWEENEY, and Mr. KLECZKA. H.R. 3864: Mr. SANDERS. and Mr. DEUTSCH.

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H. Res. 107: Mr. SCOTT, Mr. RANGEL, Mr. SEC. 5109. None of the funds appropriated Page 46, strike lines 5 through 22 (and re- DEFAZIO, and Mr. UDALL of New Mexico. or otherwise made available by title I of this designate the subsequent sections accord- H. Res. 213: Mr. NETHERCUTT, Mr. THOMP- Act may be made available for military or ingly). SON of California, Mr. SKELTON, and Ms. police assistance for any foreign country. Page 49, line 25, after the dollar amount, PELOSI. H.R. 3908 insert the following: ‘‘(reduced by H. Res. 237: Mr. MATSUI. OFFERED BY: MR. PAUL $8,100,000)’’. H. Res. 415: Mr. ALLEN, Mr. KENNEDY of Page 52, strike lines 7 through 17. AMENDMENT NO. 5: At the end of the bill, Rhode Island, Mr. GREENWOOD, Mr. FARR of Page 52, line 22, after the dollar amount, insert after the last section (preceding the California, and Mr. FALEOMAVAEGA. insert the following: ‘‘(reduced by short title) the following new section: H. Res. 420: Mr. GEJDENSON, Mr. PRICE of $59,000,000)’’. SEC. ll. (a) The amounts otherwise pro- North Carolina, Ms. BERKLEY, and Mr. FIL- Page 56, strike line 14 and all that follows vided in title I for the following accounts are NER. through page 57, line 15. hereby reduced by the following amounts: H. Res. 437: Mr. PRICE of North Carolina Page 62, strike line 11 and all that follows (1) ‘‘DEPARTMENT OF JUSTICE—Drug and Mr. MCNULTY. through page 64, line 6. Enforcement Administration—Salaries and f Page 79, strike lines 9 through 14 and insert Expenses’’, $293,048,000. the following: (2) ‘‘DEPARTMENT OF DEFENSE–MILI- DELETIONS OF SPONSORS FROM SEC. 5104. (a) INAPPLICABILITY OF EMER- TARY—OTHER DEPARTMENT OF DE- PUBLIC BILLS AND RESOLUTIONS GENCY DESIGNATIONS.—A proviso in this Act FENSE PROGRAMS—Drug Interdiction and shall not have effect if the proviso— Under clause 7 of rule XII, sponsors Counter-Drug Activities, Defense’’, (1) designates an amount as an emergency were deleted from public bills and reso- $185,800,000. requirement pursuant to the Balanced Budg- (3) ‘‘BILATERAL ECONOMIC ASSIST- lutions as follows: et and Emergency Deficit Control Act of ANCE—Funds Appropriated to the Presi- H.R. 3252: Mrs. MYRICK. 1985; or f dent—Department of State—Assistance for (2) makes the availability of an amount Plan Colombia and for Andean Regional contingent on such a designation by the AMENDMENTS Counternarcotics Activities’’, $1,099,000,000. President. (b) None of the funds made available in (b) EXEMPTION OF DEFENSE FUNDS FROM SE- Under clause 8 of rule XVIII, pro- title I for ‘‘Military Construction, Defense- QUESTRATION.—Accounts for which amounts posed amendments were submitted as Wide’’ may be used for construction outside are made available in title III of this Act, follows: of the United States or any of its territories and accounts previously within the defense or possessions. H.R. 7 category of discretionary appropriations (c) None of the funds made available in OFFERED BY: MR. GALLEGLY under the Balanced Budget and Emergency title II may be used for operations in Kosovo AMENDMENT NO. 1: At the end of the bill in- Deficit Control Act of 1985, shall be exempt or East Timor, other than the return of sert the following new section: from any sequestration that is required United States personnel and property to the under section 251(a)(6) of such Act to elimi- SEC. 10. INCREASED LIFETIME LEARNING CRED- United States. IT FOR ADDITIONAL TRAINING FOR nate any fiscal year 2000 breach caused by SECONDARY TEACHERS. H.R. 3908 the appropriations or other provisions of this (a) IN GENERAL.—Subsection (c) of section OFFERED BY: MR. RAMSTAD Act. 25A of the Internal Revenue Code of 1986 (re- AMENDMENT NO. 6: Page 2, strike line 1 and H.R. 3908 lating to lifetime learning credit) is amended all that follows through page 9, line 4. OFFERED BY: MR. TAYLOR OF MISSISSIPPI by adding at the end the following new para- H.R. 3908 graph: AMENDMENT NO. 9: Page 5, after line 7, in- OFFERED BY: MR. RAMSTAD ‘‘(3) SPECIAL RULE FOR FIELD OF STUDY sert the following new section: MENDMENT O TRAINING FOR CERTAIN TEACHERS.— A N . 7: Page 55, after line 21, in- SEC. 1202. (a) LIMITATION ON NUMBER OF ‘‘(A) IN GENERAL.—If any portion of the sert the following: MILITARY PERSONNEL IN COLOMBIA.—The qualified tuition and related expenses to SUBSTANCE ABUSE AND MENTAL HEALTH number of members of the Armed Forces of which this subsection applies— SERVICES ADMINISTRATION the United States in Colombia at any time ‘‘(i) is paid or incurred by an individual SUBSTANCE ABUSE AND MENTAL HEALTH may not exceed 300. who is a full-time teacher in the classroom SERVICES (b) EXCEPTIONS.—(1) The limitation in sub- in a secondary school and is certified or li- For an additional amount for ‘‘Substance section (a) does not apply to members of the censed to teach by the State in which the in- Abuse and Mental Health Services’’ for addi- Armed Forces of the United States in Colom- dividual is teaching, and tional grants under section 1921 of the Public bia for the purpose of rescuing or retrieving United States military or civilian Govern- ‘‘(ii) is incurred for the enrollment or at- Health Service Act, $700,000,000: Provided, tendance of such individual in a course of in- That the entire amount is designated by the ment personnel. The period for which a mem- struction directly relevant to the subject Congress as an emergency requirement pur- ber of the Armed Forces of the United States matter currently taught by such individual suant to section 251(b)(2)(A) of the Balanced may be in Colombia under this paragraph that is offered for credit by an eligible edu- Budget and Emergency Deficit Control Act may not exceed 30 days unless expressly au- thorized by law. cational institution, of 1985: Provided further, That the entire (2) The limitation in subsection (a) does paragraph (1) shall be applied with respect to amount is available only to the extent that not apply to a member of the Armed Forces such portion by substituting ‘40 percent’ for an official budget request for a specific dol- assigned to the United States Embassy in ‘20 percent’. lar amount that includes designation of the ´ Colombia as an attache or as a member of ‘‘(B) ELIGIBLE EDUCATIONAL INSTITUTION.— entire amount of the request as an emer- the Marine Corps security detachment. For purposes of subparagraph (A), the term gency requirement as defined in the Bal- ‘eligible educational institution’ has the anced Budget and Emergency Deficit Control H.R. 3908 meaning given to such term by subsection Act of 1985 is transmitted by the President to OFFERED BY: MS. WATERS (f)(2), except that such term includes a pub- the Congress: Provided further, That of such AMENDMENT NO. 10: Page 46, after line 3, in- lic institution that provides a 2-year edu- amount, $233,100,000 shall be for such addi- sert the following: cational program which is acceptable for full tional grants for fiscal year 2000, and MULTILATERAL ECONOMIC ASSISTANCE credit toward a bachelor’s degree.’’. $466,900,000 shall be for such additional (b) EFFECTIVE DATE.—The amendment grants for fiscal year 2001. DEBT RELIEF made by subsection (a) shall apply to ex- H.R. 3908 CONTRIBUTION TO THE HIPC TRUST FUND penses paid after December 31, 1999, for edu- OFFERED BY: MR. SANFORD SEC. ll. (a) For payment to the Heavily cation furnished in academic periods begin- AMENDMENT NO. 8: Page 2, strike lines 3 Indebted Poor Countries Trust Fund of the ning after such date. through 21 (and redesignate the subsequent International Bank for Reconstruction and H.R. 3908 chapters and sections accordingly). Development, but only for purposes of debt OFFERED BY: MR. CAMPBELL Page 3, line 8, after the dollar amount, in- relief, there are authorized to be appro- priated such sums as may be necessary for AMENDMENT NO. 3: Page 80, after line 11, in- sert the following: ‘‘(reduced by $87,400,000)’’. sert the following: Page 5, line 17, after the dollar amount, in- fiscal years 2000 through 2004, for payment by SEC. 5109. None of the funds appropriated sert the following: ‘‘(reduced by the Secretary of the Treasury. or otherwise made available by title I of this $281,000,000)’’. (b) For an additional amount for payment Act may be made available for military or Page 8, lines 18 and 25, after each dollar to the Heavily Indebted Poor Countries police assistance for Colombia. amount, insert the following: ‘‘(reduced by Trust Fund of the International Bank for Re- $77,923,000)’’. construction and Development, but only for H.R. 3908 Page 11, strike line 8 and all that follows purposes of debt relief, $210,000,000, to remain OFFERED BY: MR. CAMPBELL through page 13, line 21. available until expended: Provided, That the AMENDMENT NO. 4: Page 80, after line 11, in- Page 44, strike line 19 and all that follows entire amount is designated by the Congress sert the following: through page 46, line 3. as an emergency requirement pursuant to

VerDate 20-MAR-2000 04:05 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.053 pfrm06 PsN: H28PT1 March 28, 2000 CONGRESSIONAL RECORD — HOUSE H1479 section 251(b)(2)(A) of the Balanced Budget pended, for use for the disaster in the West (4) $7,200,000 shall be available to the Na- and Emergency Deficit Control Act of 1985, Coast groundfish fisheries: Provided, That tional Oceanic and Atmospheric Administra- as amended: Provided further, That the entire such amount is designated by the Congress tion operations, research and facilities— amount shall be available only to the extent as an emergency requirement pursuant to (A) of which $2,000,000 shall be available to an official budget request, that includes des- section 251(b)(2)(A) of the Balanced Budget the National Oceanic and Atmospheric Ad- ignation of the entire amount of the request and Emergency Deficit Control Act of 1985. ministration to improve biological studies as an emergency requirement as defined in and stock assessments; the Balanced Budget and Emergency Deficit Of such amount— (B) $4,500,000 shall be available to the Pa- Control Act of 1985, as amended, is trans- (1) $1,000,000 shall be available to the Sec- mitted by the President to the Congress. retary of Commerce for providing assistance cific States Marine Fisheries Commission to under section 209 of the Public Works and plan and implement a coast wide observer H.R. 3908 Economic Development Act of 1965 (42 U.S.C. program; and OFFERED BY: MR. WU 3147); (C) $700,000 shall be available to the Na- AMENDMENT NO. 11: Page 49, after line 20, (2) $2,500,000 shall be available to the Sec- tional Oceanic and Atmospheric Administra- insert the following: retary of Commerce for providing grants tion for making grants to States to adjust WEST COAST GROUNDFISH FISHERIES DISASTER under such section; and improve monitoring of landings, biologi- In addition to the other amounts appro- (3) $3,500,000 shall be available to the Na- cal sampling, and aging work. priated by this Act, there are appropriated tional Oceanic and Atmospheric Administra- $14,200,000, to remain available until ex- tion for a vessel buyback program;

VerDate 20-MAR-2000 04:05 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A28MR7.063 pfrm06 PsN: H28PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, MARCH 28, 2000 No. 36 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE ACTING RESERVATION OF LEADER TIME called to order by the President pro MAJORITY LEADER The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. The PRESIDING OFFICER (Mr. the previous order, the leadership time VOINOVICH). The acting majority leader is reserved. PRAYER is recognized. f The Chaplain, Dr. Lloyd John f Ogilvie, offered the following prayer: FLAG DESECRATION Gracious God, You have called the SCHEDULE CONSTITUTIONAL AMENDMENT men and women of this Senate to glo- Mr. HATCH. Mr. President, today the The PRESIDING OFFICER. Under rify You by being servant-leaders. The Senate will resume consideration of the previous order, the Senate will now calling is shared by the officers of the the pending flag desecration resolu- resume consideration of S.J. Res. 14, Senate, the Senators’ staffs, and all tion. Under the order, there are 2 hours which the clerk will report by title. who enable the work done in this of debate remaining on the Hollings The legislative clerk read as follows: Chamber. Keep us focused on the liber- amendment, to be followed by an addi- A joint resolution (S.J. Res. 14) proposing ating truth that we are here to serve tional hour for general debate. an amendment to the Constitution of the You by serving our Nation. Our sole At 2:15, following the party caucus United States authorizing Congress to pro- purpose is to accept Your absolute luncheons, the Senate will proceed to hibit the physical desecration of the flag of lordship over our lives and give our- two consecutive votes on the pending the United States. selves totally to the work of this day. amendments to the flag desecration Pending: Give us the enthusiasm that comes resolution. Cloture was filed on the res- McConnell amendment No. 2889, in the na- from knowing the high calling of serv- olution during yesterday’s session; ture of a substitute. ing in government. Grant us the holy therefore, under the provisions of rule Hollings amendment No. 2890, to propose esteem of knowing that You seek to ac- XXII, a cloture vote will occur on an amendment to the Constitution of the complish Your plans for America Wednesday. However, it is hoped that United States relating to contributions and through the legislation of this Senate. an agreement can be reached with re- expenditures intended to affect elections. Free us from secondary, self-serving gard to a vote on final passage of the Mr. ASHCROFT. Mr. President, I rise goals. Help us to humble ourselves and resolution and that the cloture vote today in support of the proposed ask how we may serve today. We know will not be necessary. amendment to the United States Con- that happiness comes not from having I thank all Members for their atten- stitution to permit Congress to prevent things nor getting recognition, but tion. the desecration of our greatest na- from serving in the great cause of im- tional symbol: the American flag. I plementing Your righteousness, jus- f want to thank Chairman HATCH for his tice, and mercy for every person and in leadership on this important issue. MEASURE PLACED ON THE every circumstance in this Nation. We Last year, Senator HATCH, on behalf of CALENDAR—H.R. 2366 take delight in the ultimate paradox of myself and many others, introduced life: The more we give ourselves away, Mr. HATCH. Mr. President, I under- S.J. Res. 14, a constitutional amend- the more we can receive of Your love. stand there is a bill at the desk due for ment to authorize Congress to protect In our Lord’s name. Amen. its second reading. the flag through appropriate legisla- The PRESIDING OFFICER. The tion. Since 1998, the Judiciary Com- f clerk will report the bill by title. mittee has held four hearings on this The bill clerk read as follows: issue. I am pleased that this resolution now has 58 Senate sponsors. In addi- PLEDGE OF ALLEGIANCE A bill (H.R. 2366) to provide small busi- nesses certain protections from litigation ex- tion, the House of Representatives has The Honorable GEORGE V. cesses and to limit the product liability of already passed an identical resolution, VOINOVICH, a Senator from the State nonmanufacturer product sellers. H.J. Res. 33, on June 24, 1999, by a vote of Ohio, led the Pledge of Allegiance, Mr. HATCH. Mr. President, I object of 305 to 124. as follows: to further proceedings on this bill at Throughout our history, the flag has I pledge allegiance to the Flag of the this time. held a special place in the hearts and United States of America, and to the Repub- The PRESIDING OFFICER. Under minds of Americans. Even as the ap- lic for which it stands, one nation under God, the rules, the bill will be placed on the pearance of the flag has changed with indivisible, with liberty and justice for all. calendar. the addition of new stars to reflect our

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

S1765

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VerDate 20-MAR-2000 02:50 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.000 pfrm01 PsN: S28PT1 S1766 CONGRESSIONAL RECORD — SENATE March 28, 2000 growing nation, its meaning to the protection of the flag—and each time respectful actions of elected leaders, American people has remained con- the proposal gained a majority of we need a national symbol that is be- stant. The American flag symbolizes an votes, but not the necessary two-thirds yond reproach. At a time when Holly- ideal for Americans, and or all those super-majority needed to send the wood, which once inspired Americans who honor the great American experi- amendment to the States for ratifica- with Capra-esque tales of heroism, in- ment. It represents freedom, sacrifice, tion. And so we are here today to try tegrity, and national pride, now and unity. It is a symbol of patriotism, again. bestows its highest honors on works of loved ones lost, and of the American Critics of this measure urge that it that glorify the dysfunctional, the mis- way of life. The flag stands in this will somehow weaken the rights pro- erable, the materialistic, and the Chamber, in our court rooms, and in tected by the first amendment. I would amoral. America needs its flag un- front of our houses; it is draped over draw their attention to the long stand- tainted, representing more than some our honored dead; and it flies at half- ing interpretation of the first amend- flawed agenda, but this extraordinary mast to mourn our heroes. It is the ment prior to Texas v. Johnson. At the nation. The flag, and the freedom for subject of our national anthem, our na- time of the Supreme Court’s decision, which it stands, has a unique ability to tional march and our Pledge of Alle- the tradition of protecting the flag was unite us as Americans. giance. In short, the flag embodies too firmly established to suggest that In sum, there is no principal or fear America itself. I believe that our na- such laws are inconsistent with our that should stand as an obstacle to our tion’s symbol is a unique and impor- constitutional traditions. Many of the protection of the flag. The American tant part of our heritage and culture, a state laws were based on the Uniform people are seeking a renewed sense of symbol worthy of respect and protec- Flag Act of 1917. No one at that time, purpose and patriotism. They want to tion. or for 70 years afterwards, felt that protect the uniquely American symbol This is not a new perspective. The these laws ran afoul of the first amend- of sacrifice, honor and freedom. The ge- American flag has enjoyed a long his- ment. Indeed, the Supreme Court itself nius of our democracy is not that the tory of protection from desecration. upheld a Nebraska statute preventing values of Washington would be imposed Chief Justice Harlan, upholding a 1903 commercial use of the flag in 1907 in on the people, but that the values of Nebraska statute proscribing use of the Halter v. Nebraska. As Chief Justice the people would be imposed on Wash- Flag in advertisements states, Rhenquist noted in his dissent in Texas ington. I urge my colleagues to join me [To] every true American the Flag is a v. Johnson, ‘‘I cannot agree that the in letting the values of the American symbol of the nation’s power—the emblem of First Amendment invalidates the Act people affect the work we do here. It is freedom in its truest, best sense. It is not ex- of Congress, and the laws of 48 of the 50 my earnest hope that by amending the travagant to say that to all lovers of the States which make criminal the public Constitution to prohibit its desecra- country it signifies government resting on tion, this body will protect the herit- the consent of the governed; liberty regu- burning of the flag.’’ Mr. President, I also reject the no- age, sacrifice, ideals, freedom, and lated by law; the protection of the weak honor that the flag uniquely rep- against the strong; security against the exer- tion that amending the Constitution to cise of arbitrary power; and absolute safety overrule the Supreme court’s decisions resents. for free institutions against foreign aggres- in the specific context of desecration of Mr. HAGEL. Mr. President, I rise sion. Halter v. Nebraska, 205 U.S. 34, 41 (1907). the flag will somehow undermine the today to speak I support of the joint It is for these reasons that Ameri- first amendment as it is applied in resolution, introduced by my distin- cans overwhelmingly support pre- other contexts. This amendment does guished colleague from Utah, Senator serving and protecting the American not create a slippery slope which will ORRIN HATCH, proposing an amendment to the Constitution authorizing Con- flag. During a hearing I chaired in lead to the erosion of Americans’ right gress to prohibit physical desecration March 1998, entitled ‘‘The Tradition to free speech. The flag is wholly of the American flag. and Importance of Protecting the unique. It has no rightful comparison. From the birth of our nation, the flag United States Flag,’’ the witnesses An amendment protecting the flag has represented all that is good and de- noted that an unprecedented 80 percent from desecration will provide no aid or cent about our country. On countless of the American people supported a comfort in any future campaigns to re- occasions, on battlefields across the constitutional amendment to protect strict speech. world, the Stars and Stripes led young Moreover, an amendment banning the flag. Recent polls show that sup- Americans into battle. For those who the desecration of the flag does not port unchanged. In addition, the peo- paid the ultimate price for our nation, limit the content of any true speech. ple’s elected representatives reflected the flag blanketed their journey and that vast public support by enacting As Justice Stevens noted in his dissent graced their final resting place. flag protection statutes at both the in Texas v. Johnson, ‘‘[t]he concept of Mr. President, the Flag is not just a State and Federal levels. In fact, 49 ‘desecration’ does not turn on the sub- piece of cloth. It is a symbol so sacred State legislatures have passed resolu- stance of the message the actor intends to our nation that we teach our chil- tions asking Congress to send a con- to convey, but rather on whether those dren not to let it touch the ground. It stitutional amendment to the States who view the act will take serious of- flies over our schools, our churches and for ratification. fense.’’ Likewise, the act of desecrating synagogues, our courts, our seats of Regrettably, the Supreme Court has the flag does not have any content in government, and homes across Amer- chosen instead to impose the academic and of itself. The act takes meaning ica. It unites all Americans regardless and elitist values of Washington, DC, and expresses conduct only in the con- of race, creed or color. The flag is not on the people, instead of permitting text of the true speech which accom- just a symbol of America, it is Amer- and upholding the values that people panies the act. And that speech re- ica. attempted to demand of their govern- mains unregulated. As the Chief Jus- Those who oppose this constitutional ment. In 1989, the Supreme Court ig- tice noted, ‘‘flag burning is the equiva- amendment say it impinges on freedom nored almost a century of history and lent of an inarticulate grunt or roar of speech and violates our Constitu- thwarted the people’s will in the case that, it seems fair to say, is most like- tion. As a veteran who was wounded of Texas v. Johnson by holding that the ly to be indulged in not to express any twice in Vietnam protecting the prin- American flag is just another piece of particular idea, but to antagonize oth- ciples of freedoms that Americans hold cloth for which no minimum of respect ers.’’ sacred, I am a strong supporter of the may be demanded. But what if we fail to act? What is first amendment. However, I believe In response, the Congress swiftly at- the legacy we are leaving our children? this is a hollow argument. There are tempted to protect the flag by means At a time when our nation’s virtues are many limits placed on ‘‘free speech,’’ of a statue, the Flag Protection Act of too rarely extolled by our national including limiting yelling ‘‘fire’’ in a 1989, only to have that statute also leaders, and national pride is dismissed crowded theater. Other freedoms of struck down by the Supreme Court in by many as arrogance, America needs, speech and expression are limited by United States v. Eichman. In 1989, 1990 more than ever, something to cele- our slander and libel laws. and 1995 the Senate voted on proposed brate. At a time when too many Ameri- In 1989 and 1990 the Supreme Court constitutional amendments to allow cans have lost respect because of dis- struck down flag protection laws by

VerDate 20-MAR-2000 01:45 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.042 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1767 narrow votes. The Court has an obliga- of the country that provides freedoms It is eloquent of our community interests, tion to protect and preserve our funda- such as the first amendment freedom of outweighting all divergencies of opin- mental rights as citizens. But the speech. However, in my opinion the ion, and of our common destiny. American people understand the dif- first amendment means nothing if it is Former President Calvin Coolidge, ference between freedom of speech and not strong enough to protect the rights echoed Chief Justice Hughes in ‘‘Rights ‘‘anything goes.’’ of those who express unpopular ideas or and Duties.’’ When citizens disagree with our na- choose a distasteful means of this ex- We do honor to the stars and stripes as the tional policy, there are a number of op- pression. emblem of our country and the symbol tions available to them other than de- I have given this issue a great deal of of all that our patriotism means. stroying the American Flag to make thought. I must continue to oppose We identify the flag with almost everything their point. Let them protest, let them this amendment since I do not think we hold dear on earth. write to their newspaper, let them or- that a valid constitutional amendment, It represents our peace and security, our one that does not infringe on the first civil and political liberty, our freedom ganize, let them march, let them shout of religious worship, our family, our to the rooftops—but we should not let amendment, can be crafted. The first friends, our home. them burn the flag. Too many have amendment right of freedom of speech We see it in the great multitude of blessings, died defending the flag for us to allow is not an absolute right though as we of rights and privileges that make up it be used in any way that does not have in the past recognized the legit- our country. honor their sacrifice. imacy of some limits on free speech. But when we look at our flag and behold it Mr. President, in a day where too I do not think, however, that we emblazoned with all our rights, we often we lament what has gone wrong should open the Bill of Rights to must remember that it is equally a with America, it’s time to make a amendment for the first time in our symbol of our duties. stand for decency, for honor and for history unless our basic values as a na- Every glory that we associate with it is the result of duty done. A yearly con- pride in our nation. I urge my col- tion are seriously threatened. In this case, in recent years there have not templation of our flag strengthens and leagues to support the flag amendment. purifies the national conscience. been a significant number of incidents Mr. President, I yield the floor. Given what our flag symbolizes, I Mr. GORTON. Mr. President, with of this misbehavior. find that incomprehensible that any- some hesitancy I will vote in favor of In my view, a few flag desecrations or one would desecrate the flag and inex- the flag protection constitutional burnings around the Nation by media- plicable that our Supreme Court would amendment. My hesitancy stems not seeking malcontents does not meet hold that burning a flag is protected from any doubt that our Nation should this high standard and I therefore can- speech rather than conduct which may provide specially protected status to not support the adoption of this be prohibited. I find it odd that one can our flag—I firmly believe the flag amendment. be imprisoned for destroying a bald ea- should be protected from desecration. I Mr. HUTCHINSON. Mr. President, as gle’s egg, but may freely burn our na- am hesitant because we are voting to an original cosponsor, I rise today in amend our Nation’s Constitution and support of S.J. Res. 14, which would tion’s greatest symbol. Accordingly, I every Senator should exercise extreme amend the United States Constitution urge my colleagues to pass S.J. Res. 14 caution when considering such to prohibit the desecration of our flag. so that our flag and all that it symbol- Opponents to this measure contend changes. izes may be forever protected. I have given careful consideration on that the right to desecrate the flag is Ms. SNOWE. Mr. President, as an the important amendment currently the ultimate expression of speech and original cosponsor of S.J. Res. 14, I am before the Senate. A decade ago, when freedom. I reject the proposition as I proud to rise in support of the proposed the Supreme Court issued its 5-to-4 de- believe that the desecration of our flag constitutional amendment granting cision invalidating flag desecration is a reprehensible act which should be Congress the power to prohibit the statutes, I read each of the three opin- prohibited. It is an affront to the brave physical desecration of the flag of the and terrible scarifies made by millions ions filed by Justices of the Court. I United States. Last June, the House of of American men and women who will- was convinced then, and remain con- Representatives passed an identical ingly left their limbs, lives, and loved vinced now, that the Court erred in its resolution by the requisite two-thirds ones on battlefields around the world. vote margin, so I urge that my col- decision and that such statutes, if It is an affront to these Americans properly written, are constitutional. leagues in the Senate also pass this who have given the greatest sacrifices resolution with similar bipartisan sup- For this reason, I shall vote in favor of because of what the flag symbolizes. To both the constitutional amendment to port and send the proposed amendment explain what our flag represents, to the states for ratification. protect our flag and the proposed former United States Supreme Court amendment to substitute a flag protec- Our flag occupies a truly unique Chief Justice Charles Evans Hughes in place in the hearts of millions of citi- tion statute for the constitutional his work, ‘‘National Symbol,’’ said. amendment. zens as a cherished symbol of freedom Mr. JEFFORDS. Mr. President, I rise The Flag is the symbol of our national unity, and democracy. As a national emblem our national endeavor, our national as- today to discuss my thoughts on a con- of the world’s greatest democracy, the piration. American flag should be treated with stitutional amendment to ban flag The flag tells of the struggle for independ- burning and other acts of desecration. ence, of union preserved, of liberty and respect and care. Our free speech rights As a veteran of 30 years in the United union one and inseparable, of the sac- do not entitle us to simply consider the States Navy and United States Naval rifices of brave men and women to flag as ‘‘personal property’’, which can Reserve, I know the pride members of whom the ideals and honor of this na- be treated any way we see fit including the Armed Forces have in seeing the tion have been dearer than life. physically desecrating it as a legiti- United States flag wherever they may It means America first; it means an undi- mate form of political protest. vided allegiance. We debate this issue at a very special be in the world. I share the great re- It means America united, strong and effi- spect most Vermonters and Americans cient, equal to her tasks. and important time in our nation’s his- have for this symbol. It means that you cannot be saved by the tory. I personally abhor the notion that valor and devotion of your ancestors, This year marks the 55th anniversary anyone would choose to desecrate or that to each generation comes it patri- of the allies’ victory in the Second burn the flag as a form of self-expres- otic duty; and that upon your willing- World War. And, fifty-nine years ago, sion. Members of the Armed Services ness to sacrifice and endure as those Japanese planes launched an attack on place their lives at risk to defend the before you have sacrificed and endured Pearl Harbor that would begin Amer- rights guaranteed by the United States rests the national hope. ican participation in the Second World Constitution, including the First It speaks of equal rights, of the inspiration War. of free institutions exemplified and During that conflict, our proud ma- Amendment freedom of speech. It is vindicated, of liberty under law intel- disrespectful of these past and present ligently conceived and impartially ad- rines climbed to the top of Mount sacrifices to desecrate this symbol. ministered. There is not a thread in it Suribachi in one of the most bloody It seems highly ironic to me that an but scorns self-indulgence, weakness, battles of the war. No less than 6,855 individual would desecrate the symbol and rapacity. men died to put our American flag on

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.044 pfrm01 PsN: S28PT1 S1768 CONGRESSIONAL RECORD — SENATE March 28, 2000 the mountain. The sacrifice of the Court’s 1989 Texas v. Johnson ruling, 48 flag is burned with fire. As such, burn- brave American soldiers who gave their states, including my own state of ing a flag is more appropriately classi- life on behalf of their country can Maine, and the Federal government, fied as conduct, which is not protected never be forgotten. This honor and had anti-flag burning laws on their by the first amendment. dedication to country, duty, freedom books for years—so it’s time the Con- The proposition that our greatness as and justice is enshrined in the symbol gress gave the states the opportunity a nation rests on whether or not an in- of our Nation—the American flag. to speak on this issue directly. dividual is permitted to burn Old Glory The flag is not just a visual symbol Mr. President, whether our flag is simply does not add up. At a time in to us—it is a symbol whose pattern and flying over a ball park, a military base, our national history when disparate in- colors tell a story that rings true for a school or on a flag pole on Main fluences appear to be dividing people, each and every American. Street, our national standard has al- the American flag represents unity. The 50 stars and 13 stripes on the flag ways represented the ideals and values During the American Revolution, and are a reminder that our nation is built that are the foundation this great na- subsequent conflicts, the flag has uni- on the unity and harmony of 50 states. tion was built on. And our flag has fied our diverse nation. Our flag sym- And the colors of our flag were not cho- come not only to represent the glories bolizes the freedoms we enjoy every- sen randomly: red was selected because of our nation’s past, but it has also day. Generations of Americans have it represents courage, bravery, and the come to stand as a symbol for hope for gone forth from our shores to stop en- willingness of the American people to our nation’s future. emies abroad from taking away these give their life for their country and its Let me just state that I am ex- freedoms. principles of freedom and democracy; tremely committed to defending and In addition, our great nation has al- white was selected because it rep- protecting our Constitution—from the ways used the flag to honor those who, resents integrity and purity; and blue first amendment in the Bill of Rights proudly in the uniform of our military, because it represents vigilance, perse- to the 27th amendment. I do not be- made great sacrifices. These are star- verance, and justice. lieve that this amendment would be a tling statistics that tend to be forgot- Thus, this flag has become a source departure from first amendment doc- ten with the passage of time: World of inspiration to every American wher- trine. War II, 406,000 U.S. service members ever it is displayed. I strongly urge my colleagues to up- killed; Korea 55,000 U.S. service mem- For these reasons and many others, a hold the great symbol of our nation- bers killed; Vietnam, 58,100 U.S. service great majority of Americans believe— hood by supporting the flag amend- members killed, and Persian Gulf, 147 as I strongly do—that the American ment. U.S. service members killed. For all flag should be treated with dignity, re- Thank you, Mr. President. I yield the those who gave their life, let us not spect and care—and nothing less. floor. forget that their caskets were draped Unfortunately, not everyone shares Mr. WARNER. Mr. President, I rise in our flag as the final expression of this view. today in support of S.J. Res. 14. This our nation’s thankfulness. In June of 1990, the Supreme Court important joint resolution calls for an The memory and honor of those who ruled that the Flag Protection Act of amendment to the United States Con- have fought under our flag demands 1989, legislation adopted by the Con- stitution that would allow the United that our flag be protected against reck- gress in 1989 generally prohibiting States Congress to prohibit the phys- less conduct presenting itself as ‘‘free physical defilement or desecration of ical desecration of the flag of the speech.’’ the flag, was unconstitutional. This de- United States. AMENDMENT NO. 2890 cision, a 5–4 ruling in U.S. v. Eichman, For years now I have been among the The PRESIDING OFFICER. Under held that burning the flag as a political strongest supporters in the United the previous order, there will now be protest was constitutionally-protected States Senate of amending the United up to 2 hours of debate on the Hollings free speech. States Constitution to allow Congress amendment No. 2890, to be equally di- The Flag Protection Act had origi- to prohibit physical desecration of the vided in the usual form between the nally been adopted by the 101st Con- United States flag. I was pleased the Senator from Kentucky, Mr. MCCON- gress after the Supreme Court ruled in House of Representatives overwhelm- NELL, and the Senator from South Texas v. Johnson that existing Federal ingly passed a resolution identical to Carolina, Mr. HOLLINGS. and state laws prohibiting flag-burning S.J. Res. 14 on June 24, 1999, by a vote The Senator from South Carolina, were unconstitutional because they of 305–124, and I look forward to voting Mr. THURMOND, is recognized. violated the first amendment’s provi- for S.J. Res. 14 in the near future. Mr. THURMOND. Mr. President, I sions regarding free speech. In 1989, the United States Supreme rise today to express my strong support I profoundly disagreed with both rul- Court, in a 5–4 decision in the case of for Senate Joint Resolution 14, the ings the Supreme Court made on this Texas v. Johnson, stated that the First constitutional amendment to protect issue. In our modern society, there are Amendment prevented a state from the flag of the United States. I believe still many different forums in our mass protecting the American flag from acts it is vital that we enact this amend- media, television, newspapers and radio of physical desecration. Since that ment without further delay. and the like, through which citizens time, a number of individuals have We have considered this issue in the can freely and fully exercise their le- sought to seize on this misguided Su- Judiciary Committee and on the Sen- gitimate, constitutional right to free preme Court decision to justify flag ate Floor many times in the past dec- speech, even if what they have to say is burning. Mr. President, why would any ade. I have fought to achieve protec- overwhelmingly unpopular with a ma- citizen, who wishes to continue enjoy- tion for the flag ever since the Su- jority of American citizens. ing the great privileges of being an preme Court first legitimized flag Accordingly, in 1995, I also joined as American, need a legal right to burn burning in the case of Texas v. Johnson an original cosponsor of a proposed our Nation’s flag in public? in 1989. constitutional amendment granting No amount of tortured legal argu- The American flag is much more Congress the power to prohibit the mentation can overcome common than a piece of cloth. During moments physical desecration of the flag of the sense and the plain meaning of the of despair and crisis throughout the United States. Although the House of First Amendment. The first amend- history of our great Nation, the Amer- Representatives easily passed that res- ment to the Constitution states that ican people have turned to the flag as olution by the necessary two-thirds no law shall abridge the ‘‘freedom of a symbol of national unity. It rep- vote margin, the Senate fell a mere speech.’’ The key word in this portion resents our values, ideals, and proud three votes short. of the amendment is ‘‘speech.’’ Laws heritage. There is no better symbol of I am hopeful that today’s effort will that do not abridge ‘‘speech’’ are not freedom and democracy in the world deliver the three additional votes that prohibited by this section of the than our flag. As former Senator Bob are needed to send this proposed amendment. Simply put, burning the Dole said a few years ago, it is the one amendment to the states for ratifica- United States flag is not speech. A flag symbol that brings to life the Latin tion. Of note, prior to the Supreme is not burned with words. Rather, a phrase that appears in front of me in

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.047 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1769 the Senate Chamber, e pluribus unum, stitutional amendment to permit Con- ereignty of the United States, and that which means, ‘‘out of many, one.’’ gress to enact legislation prohibiting desecration of the flag was a matter of Ever since the American Revolution, the desecration of the American flag. national—I repeat—national concern our soldiers have put their lives on the Now all we are asking, since the Court that warranted government action. line to defend what the flag represents. has twice rejected congressional stat- This same sovereignty interest does We have a duty to honor their sac- utes, is to give Congress the power to not exist for our national monuments rifices by giving the flag the protection protect our flag from physical desecra- or our other symbols. While they are it once had, and clearly deserves today. tion. It seems to me that is not much important to us all, the flag is unique. In our history, the Congress has been of a request. It is flown over our ships. We carry it very reluctant to amend the Constitu- It should be a slam dunk. But, unfor- into battle. We salute it and pledge al- tion, and I agree with this approach. tunately, politics is being played with legiance to it. We do these things be- However, the Constitution provides for this amendment. Congress would not cause the flag is the unique symbol a method of amendment, and there are have to act on it if it didn’t want to, unity and sovereignty. a few situations where an amendment but it would have the power to do so. It The proposed amendment reads sim- is warranted. This is one of them. also involves the separation of powers ply: ‘‘The Congress shall have the The only real argument against this doctrine. power to prohibit the physical desecra- amendment is that it interferes with The Supreme Court, in its infinite tion of the flag of the United States.’’ an absolute interpretation of the free wisdom, has indicated that flag burn- S.J. Res. 14 is not an amendment to speech clause of the first amendment. ing, defecating on the flag, or urinating ban flag desecration, but an amend- However, restrictions on speech al- on the flag is a form of free speech. ment to allow Congress to make the ready exist through constitutional in- I don’t see how anybody in his right decision on whether to prohibit it. It is terpretation. In fact, before the Su- mind can conclude that. There is no not self-executing, so a statute defin- preme Court ruled on this issue, the question that is offensive conduct and ing the terms and penalties for the pro- Federal government and the States be- it ought to be stamped out. On the scribed conduct will need to be en- lieved that flag burning was not con- other hand, all we are doing is giving acted, should this amendment be ap- stitutionally protected speech. The Congress the power to enact legislation proved by two-thirds of the Senate Federal government and almost every that would prohibit physical desecra- today, or whenever. state had laws prohibiting desecration tion of the flag. Congress doesn’t have While it would be preferable to enact that were thought to be valid before to, if it doesn’t want to; it can, if it a statute, and not take the rare and the Supreme Court ruled otherwise in wants to. sober step of amendment the Constitu- 1989. When we enacted those prior statutes tion, our amendment is necessary be- Passing this amendment would once to protect the flag, they passed over- cause the Supreme Court has given us again give the Congress the authority whelmingly. It was also under the no choice in the matter. to protect the flag from physical dese- guise that we were trying to protect I understand there is some lack of cration. It would not reduce the Bill of the flag through statutory protection, knowledge in this body where people Rights. It would simply overturn a few which I of course pointed out very have not realized that for 200 years we very recent judicial decisions that re- unfailingly in both cases was unconsti- have protected the flag and that 49 jected America’s traditional approach tutional. Of course, the Supreme Court States have anti-flag-desecration lan- to the flag under the law. upheld what I said they would uphold. guage. But in two narrow 5–4 decisions, Flag burning is intolerable. We have Symbols are important. The Amer- breaking from over 200 years of prece- no obligation to permit this nonsense. ican flag represents, in a way that dent—Texas v. Johnson and United Have we focused so much on the rights nothing else does, the common bond States v. Eichman—the Court over- of the individual that we have forgot- shared by the people of this nation, one turned prior State statutes prohibiting ten the rights of the people? of the most diverse in the world. It is I strongly urge all my colleagues to our one overriding symbol of unity. We the desecration of the flag. join with us today and support this have no king; we won our independence Make no mistake about it: The amendment. We are on the side of the from him over 200 years ago. We have United States Senate is the forum of American people, and I am firmly con- no state religion. What we do have is last resort to ensure that our flag is vinced that we are on the side of what the American flag. protected. H.J. Res. 33—an identical is right. Once and for all, we should Whatever our differences of party, measure—has already won the nec- pass this constitutional amendment politics, philosophy, race, religion, eth- essary two-thirds vote in the House of and give the flag of the United States nic background, economic status, so- Representatives by a vote of 305 to 124, of America the protection it deserves. cial status, or geographic region, we with overwhelming bipartisan support. The PRESIDING OFFICER. The Sen- are united as Americans in peace and In fact, nearly 50 percent of the Demo- ator from Utah is recognized. in war. That unity is symbolized by a crats in the House voted for the meas- Mr. HATCH. Mr. President, I want to unique emblem, the American flag. Its ure. make remarks generally on the flag stars and stripes and rich colors are In addition, the people, expressing amendment. Frankly, I think it is a the visible embodiment of our Nation themselves through 49 State legisla- travesty on this constitutional amend- and its principles and values and tures, have expressed their readiness to ment to bring up campaign finance re- ideals. ratify the measure by calling upon form as a constitutional amendment to The American flag has come to sym- Congress to pass this constitutional this amendment. But be that as it may, bolize hope, opportunity, justice, and amendment to protect the flag. Pro- any Senator has a right to do that. freedom—not just to the people of this tecting the flag is not a partisan ges- I hope my colleagues will vote down Nation but to people all over the world. ture, nor should it be. Especially at a the Hollings amendment, as it should Failure to protect the flag would lessen time of election-year partisan rhetoric, be voted down. That is a serious debate the bond among us as Americans and this amendment to protect our flag is that has to take place, and it should weaken the symbolism of our sov- an opportunity for all Americans to not take place as a constitutional ereignty as a nation. come together as a country and honor amendment. Having said that, let me This proposed amendment recognizes the symbol of what we all are. This ef- comment about why we are here. and ratifies James Madison’s view—and fort will not only reaffirm our alle- The Senate began today’s session the constitutional law that existed for giance to the flag, it will reestablish with the Pledge of Allegiance to our centuries—that the American flag is an our national unity. American flag. Today, we resume de- important and unique incident of our The American people revere the flag bate over a proposal that will test national sovereignty. As Americans, of the United States as the unique whether the pledge we make—with our we display the flag in order to signify symbol of our Nation and the freedom hands over our hearts—is one of con- national ownership and protection. The we enjoy as Americans. As Supreme sequence or just a hollow gesture. We Founding Fathers made clear that the Court Justice John Paul Stevens said resume debate over S.J. Res. 14, a con- flag reflects the existence and sov- in his dissent in Texas v. Johnson:

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.001 pfrm01 PsN: S28PT1 S1770 CONGRESSIONAL RECORD — SENATE March 28, 2000 [A] country’s flag is a symbol of more than and do, place limitations on both most unanimous, 8–1 in contrast to the ‘‘nationhood and national unity.’’ It also sig- speech and conduct. Johnson and Eichman decisions, which nifies the ideas that characterize the society Mutilating our Nation’s great symbol were 5–4. Would any of my colleagues that has chosen that emblem as well as the of national unity is simply not nec- be arguing that we could not pass an special history that has animated the growth and power of those ideas. . . . So it is with essary to express an opinion. Those in- amendment to provide that no state the American flag. It is more than a proud dividuals who have a message to the may deny equal access to the same symbol of the courage, the determination, country should not confuse their right transportation, public education, and and the gifts of a nation that transformed 13 to speak with a supposed ‘‘conduct other public benefits because of race or fledgling colonies into a world power. It is a right,’’ which allows one to desecrate a color simply because the Court had symbol of freedom, of equal opportunity, of symbol that embodies the ideals of a spoken the final word? Would any one religious tolerance, and of goodwill for other Nation that Americans have given of my colleagues argue that the Plessy peoples who share our aspirations.’’ [491 U.S. their lives to protect. decision had to stand because an at 437 (dissenting)] For this reason, I must reiterate amendment might change the 14th In the long process of bringing this strongly that the flag protection amendment? Of course not. amendment to the floor, we have gone amendment does not effectively amend The suggestion by some that restor- more than half way to address the con- the first amendment. It merely re- ing Congress’ power to protect the cerns of critics. I think it is time for verses two erroneous decisions of the American flag from physical desecra- opponents of the amendment to join Supreme Court and restores to the peo- tion tears at the fabric of our liberties with us in offering the protection of ple the right to choose what law, if is so overblown that it is difficult to law to our beloved American flag. any, should protect the American flag. take seriously. In fact, I think it is Justice John Paul Stevens, in his dis- I have heard some of my colleagues phony. These arguments ring particu- sent in the Texas v. Johnson decision, miss this point and talk about how we larly hollow because until 1989, 48 said it best: cannot amend the Bill of Rights or in- states and the federal government had The ideas of liberty and equality have been fringe on free speech, and I was struck flag protection laws. Was there a tear an irresistible force in motivating leaders by how many of them voted for the flag in the fabric of our liberties then? Of like Patrick Henry, Susan B. Anthony, and protection statute in 1989. Think about course not. Abraham Lincoln, schoolteachers like Na- that. They cannot have it both ways. It goes without saying that among than Hale and Booker T. Washington, the the most precious rights we enjoy as Philippine Scouts who fought at Bataan, and How can they argue that a statute that the soldiers who scaled the bluff at Omaha bans flag burning does not infringe on Americans is the right to govern our- Beach. If those ideas are worth fighting for— free speech, and yet say that an amend- selves. It was to gain this right that and our history demonstrates that they are— ment that authorizes Congress to enact our ancestors fought and died at Con- it cannot be true that the flag that uniquely such a statute banning flag burning cord and Bunker Hill, Saratoga, Tren- symbolizes their power is not itself worthy does infringe on free speech? ton, and Yorktown. And it was to pre- of protection from unnecessary desecration. Moreover, the argument that a stat- serve that right that our fathers, [491 U.S. at 439] ute will suffice is an illusion. We have brothers, and sons bravely gave their I want to talk a little bit about the been down this road before, and it is an lives at New Orleans, Flanders, the arguments that I have heard over the absolute dead end, having been rejected Bulge, and Mt. Suribachi. The Con- past several years, and again this by the Supreme Court less than 30 days stitution exists for no other purpose week, from some of my colleagues who after oral argument, in a decision of than to vindicate this right of self-gov- oppose this amendment. Opponents fewer than 8 pages. They will do the ernment by the people. The Framers of contend that preventing the physical same to any other statute of general the Constitution did not expect the desecration of the flag actually tram- applicability to the flag. A constitu- people to meekly surrender their right ples on the sacred right of Americans tional amendment is necessary because to self-government, or their judgment to speak freely. Although I respect the Supreme Court has given us no on constitutional issues, just because many people who have this view, I choice in this matter. the Supreme Court decides a case a strongly disagree with it. I hope that, We all understand the game that is particular way. Nor, when they gave as I have come to understand their per- being played. We have people who Congress a role in the amendment spective, they too will be open to mine changed their vote at the last minute process, did the Framers expect us to and, together, we will be able to to prevent the flag amendment from surrender our judgment on constitu- achieve consensus on the most impor- passing, as they did on the balanced tional issues just because another, tant issue of all—protecting and pre- budget amendment. The same people equal and co-ordinate branch of gov- serving the American flag. who voted for the statute are claiming ernment, rules a particular way. The Restoring legal protection to the their free speech rights would be vio- amendment process is the people’s American flag would not infringe on lated by this amendment, but I guess check on the Supreme Court. If it were free speech. If burning the flag were not by the statute that allows them to not for the right of the people to the only means of expressing dis- ban desecration of the flag—a statute amendment the Constitution, set out satisfaction with the nation’s policies, that I think they all know would be in Article 5, we would not even have a then I imagine that I, too, might op- automatically held unconstitutional by Bill of Rights in the first place. It was pose this amendment. But we live in a the Supreme Court. It is a game. It is the people through their elected rep- free and open society. Those who wish time for people to stand up for this resentatives—not the courts—who en- to express their political opinions—in- flag. shrined the freedom of speech in the cluding any opinion about the flag— Some of my colleagues argue that be- Constitution. may do so in public, private, the media, cause the Supreme Court has spoken The Framers did not expect the Con- newspaper editorials, peaceful dem- we can do little to override this newly stitution to be routinely amended, and onstrations, and through their power minted, so-called ‘‘constitutional it has not been. The amendment proc- to vote. right.’’ In my view, this concedes far ess is difficult and exceptional. But it Certainly, destroying property might too much to the judiciary. should not be viewed as an unworthy or be seen as a clever way of expressing No human institution, including the unrighteous process either. The amend- one’s dissatisfaction. But such action Supreme Court, is infallible. Suppose ment process exists to vindicate the is conduct, not speech. Law can be, and that the year is 1900 and we are debat- most precious right of the people to de- are, enacted to prevent such actions, in ing the passage of an amendment to termine under what laws they will be large part because there are peaceful override the Plessy versus Ferguson de- governed. It is there to be used when alternatives equally expressive. After cision. That was the decision in which the overwhelming majority of voters all, right here in the United States the Supreme Court rules that separate- decide that they should make a deci- Senate, we prohibit speeches or dem- but-equal is equal, and that the Con- sion rather than the Supreme Court. onstrations of any kind in the public stitution requires only separate-but- In Texas versus Johnson and United galleries, even the silent display of equal public transportation and public States versus Eichman the Supreme signs or banners. As a society, we can, education. The Plessy decisions was al- Court decided for Americans that a

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.004 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1771 statute singling out the flag for special strong, bipartisan vote, the ball is to the people to decide. That is all we protection is based on the communica- firmly here in the Senate’s court. If we are asking. Let the people, through tive value of the flag and therefore vio- are serious about protecting the Amer- their State legislatures, decide whether lates the first amendment. The Court ican flag, it is up to this body, at this or not we should protect the flag. That decided that what 48 states and the fed- time, to take action and to send this is not a bad request. It is something eral government had prohibited for proposed amendment to the people of that needs to be done. Above all, it re- decades was now wrong. Since the the United States. stores to the Congress the coequal Johnson and Eichman decisions, sev- After all the legal talk and hand- power as a coequal branch of Govern- eral challenges have been brought wringing on both sides of this issue, ment that is gone because of the very against the state statutes prohibiting what is comes down to is this: Will the narrow set of 4–5 Supreme Court deci- flag desecration. State courts consid- Senate of the United States confuse sions. I reserve the remainder of my ering these types of statutes have uni- liberty with license? Will the Senate of time. formly held these statutes unconstitu- the United States deprive the people of The PRESIDING OFFICER (Mr. tional. the United States the right to decide CRAPO). Who yields time? One recent case, Wisconsin versus whether they wish to protect their be- Mr. HATCH. How much time does our Janssen, involved a defendant who con- loved national symbol, Old Glory? side have? fessed to, among other things, defe- Forty-nine state legislatures have The PRESIDING OFFICER. The Sen- cating on the United States flag. Rely- called for a flag protection amend- ator from Kentucky has 1 hour, the ing on the Supreme Court’s Johnson ment. By an overwhelming and bipar- Senator from South Carolina has 1 decision, the Wisconsin high court in- tisan vote, the House of Representa- hour, and the Senator from Vermont validated a state statute prohibiting tives has passed the amendment. Now has a half hour. flag desecration on the ground that the it is up to the Senate to do its job. Let Mr. HATCH. I suggest the absence of statute was overbroad and unconstitu- us join together and send this amend- a quorum. tional on its face. ment to the people. The PRESIDING OFFICER. The In reaching that decision, the court This resolution should be adopted, clerk will call the roll. noted that it was deeply offended by and the flag amendment sent to the The legislative clerk proceeded to Janssen’s conduct, and stated that states for their approval. Our fellow call the roll. ‘‘[t]o many, particularly those who Americans overwhelmingly want to see Mr. HATCH. Mr. President, I ask have fought for our country, it is a slap us take action that really protects the unanimous consent that the order for in the face.’’ The court further ex- flag and this, my friends, can do just the quorum call be rescinded. plained that ‘‘[t]hough our disquieted that. I urge you to support the flag pro- The PRESIDING OFFICER. Without emotions will eventually subside, the tection amendment and, by doing so, objection, it is so ordered. facts of this case will remain a glowing preserve the integrity and symbolic Mr. HATCH. Mr. President, I ask ember of frustration in our hearts and value of the American flag. unanimous consent that I control the minds. That an individual or individ- It is now time for the Senate to heed time on our side. uals might conceivably repeat such the will of the people by voting for the The PRESIDING OFFICER. Without conduct in the future is a fact which flag protection constitutional amend- objection, it is so ordered. we acknowledge only with deep re- ment. Doing so will advance our com- Mr. HATCH. I yield 5 minutes to the gret.’’ What was particularly dis- mon morality and the system of or- distinguished Senator from Wyoming. tressing about this decision is that the dered liberty encompassed in our his- The PRESIDING OFFICER. The Sen- court found the statute constitu- tory, laws and traditions. We must re- ator from Wyoming is recognized for 5 tionally invalid even though the state store the Constitution and the first minutes. was trying to punish an individual amendment, send the flag amendment Mr. THOMAS. I thank the Chair. Mr. whose vile and senseless act was devoid to the States that have requested it President, I will take a very short of any significant political message, as with near unanimity, and return to the time. I speak in favor of the flag pro- so many of them are. American people the right to protect tection amendment to the Constitu- The court noted ‘‘the clear intent of the United States flag. It is time to let tion. It is an honor for me to be a co- the legislature is to proscribe all the people decide. sponsor of this constitutional amend- speech or conduct which is grossly of- Again, I come back do that major ment, 1 of 58. Most everything has been fensive and contemptuous of the point. All this amendment does is rec- said, I suppose, that needs to be said United States flag. Therefore, any ognize that there are three separated about it. Of course, no one here is in version of the current statute would powers in this country—the legislative, favor of desecration of the flag. What violate fundamental principles of first executive, and judicial branches of we have is a difference of view as to amendment law both in explicit word- Government. When the judicial branch how to deal with that issue. ing and intent.’’ Under prevailing Su- says we can no longer enact by statute This constitutional amendment has preme Court precedent, then, the Court the protection of the flag and suggests been around for a very long time and found that the proscribed conducted we have to pass a constitutional has been considered several times. Cer- was protected ‘‘speech.’’ The Wisconsin amendment if we want to protect the tainly, this symbol of the flag is one decision, like those before it, dem- flag, then this amendment gives the that should be held in the highest re- onstrates that, because of the narrow Congress the right to be coequal with gard. Most everyone agrees with that. Johnson and Eichman decisions of the the other branches of Government. It This measure states: U.S. Supreme Court, any statute, state gives us the right to protect the flag The Congress shall have the power to pro- or federal, that seeks to prohibit flag through a constitutional amendment hibit the physical desecration of the flag of desecration will be struck down. and it gives us the right, if we so the United States. The Wisconsin Supreme Court, how- choose, to pass legislation similar to That should be the case. It seems to ever, noted that all was not lost. The the legislation that a vast majority of me what that does is helps to define Court opined that ‘‘[i]f it is the will of Members of this body voted for back in freedom of speech. We can do that. the people in the country to amend the 1989. What we are saying is it is illegal to United States Constitution in order to Last but not least, in this day and physically desecrate the flag of the protect our nation’s symbol, it must be age, many of our young people don’t United States. I cannot imagine how done through normal political chan- even have a clue to what happened people can disagree with that. The Sen- nels,’’ and noted that the Wisconsin back between 1941 and 1945. They don’t ate has voted on this matter in the legislature recently adopted a resolu- even realize what happened in the Sec- past in 1989, 1990, and 1995, and each tion urging Congress to amend the ond World War. time a majority was in favor. The Constitution to prohibit flag desecra- Sending this amendment to the 50 House passed an identical measure in tion. States would create a debate on values, June of 1999 by a vote of 305–124 with a Clearly, with the House having al- which is necessary in this country, like sufficient majority. Each year we get a ready sent us the amendment on a we have never had before. It will be up little closer to passing it.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.005 pfrm01 PsN: S28PT1 S1772 CONGRESSIONAL RECORD — SENATE March 28, 2000 Why do we need a flag protection nancing. I explained yesterday after- gressman who now takes the position amendment? Forty-nine State legisla- noon how we, in the 1974 act, tried to that: Oh, it is all free speech. Don’t tures have already passed resolutions clean up the corruption. Cash was worry about any violations because the urging this constitutional amendment. being given, all kinds of favors and de- first amendment protects this money. The flag, obviously, is a sacred symbol mands were being made on members of The first amendment protects it as free and deserves protection from desecra- the Government, as well as in the pri- speech. That is out of the whole cloth. tion. It is a symbol of national unity vate sector. Numerous people were con- They have been singsonging because and identification. We all know of the victed. We enacted the 1974 act after they enjoy this particular corruption. sacrifices that have been made, and the Maurice Stans matter in the Nixon What corruption? As I pointed out this flag typifies that; this flag is sym- campaign. yesterday, we used to come in here and bolic of that. It is an inspiration for We debated one particular point— work. Thirty years ago, under Senator people. that you could not buy the office. Now Mansfield, we would come in at 9 The attempts in the past have failed the contention is that you can buy the o’clock Monday morning and we would in terms of statutory issues. The Su- office because under the first amend- have a vote. The distinguished leader preme Court struck down the Texas v. ment protecting freedom of speech, and at that time usually had a vote to Johnson in 1989 in a 5–4 decision. In money being speech, there is no way make sure we got here and started our 1990, there was another 5–4 decision. under the Constitution that it can be week’s work—and I emphasize ‘‘week’s This is a reasonable request to ac- controlled. Of course, that is a distor- work.’’ We worked throughout Monday, commodate and I believe most Ameri- tion by the Buckley v. Valeo decision Tuesday, Wednesday, Thursday, Fri- cans want to protect this flag. If this is for the simple reason that we finally day, and we were lucky to complete the necessary way to do it, then I am have Justice Stevens saying that our work by Friday evening at 5 for that. ‘‘money is property.’’ Justice Kennedy o’clock. I am very pleased to be a cosponsor, goes right into the distortion. I quote Now: Monday is gone. Tuesday morn- and I urge this be passed in the Senate. from the case of Nixon v. Shrink Mis- ing is gone. We don’t really work here. I yield the floor. souri Government PAC: We are waiting and not having any Mr. HATCH. Mr. President, I reserve The plain fact is that the compromise the votes. People are coming back into the remainder of my time. Court invented—— town. Nobody is here to listen. On The PRESIDING OFFICER. If nei- I emphasize the word ‘‘invented’’—— Wednesday and Thursday we have to ther side yields time, time runs equal- in Buckley set the stage for a new kind of have windows so we can go fundraise. ly. speech to enter the political system. It is Can you imagine that? That ought to Mr. HOLLINGS. Mr. President, I un- covert speech. The Court has forced a sub- embarrass somebody. But I have asked derstand we are on the flag amend- stantial amount of political speech under- ground, as contributors and candidates de- for windows, too, because that is the ment. That is why I waited for them to way it is. complete their hour and I begin mine. vise ever more elaborate methods of avoiding The money chase—the amount of Mr. HATCH. My understanding is, it contribution limits, limits which take no ac- count of rising campaign costs. The preferred money that must be chased—has cor- is the Hollings amendment that is method has been to conceal the real purpose rupted this Congress. Everybody knows being debated. of the speech. it. The people’s business is set aside. Mr. HOLLINGS. That is what Sen- Then further: On Friday, we go back home. What do ator HATCH says, but that is not what Issue advocacy, like soft money, is unre- we do? We have fund-raisers. We don’t the Chair says. stricted . . . while straightforward speech in have free-speech raisers, like they are The PRESIDING OFFICER. The Sen- the form of financial contributions paid to a talking about on the floor of the Sen- ate currently has under consideration candidate . . . is not. Thus has the Court’s ate now. the Hollings amendment No. 2890. decision given us covert speech. This mocks Mr. HOLLINGS. All this time has the First Amendment. They get all pontifical and stand up been taken off the Hollings amend- I hope everybody, particularly the and talk oh so eruditely about the Con- ment? Come on. We have been talking other side of the aisle, understands stitution and the first amendment. about the flag. I approached the Chair that I am reading from Justice Ken- They know better than anyone that when we started. Right to the point, nedy: this is property. But as long as they the Parliamentarian said they are ar- This mocks the First Amendment. can sell everybody that there are no limits, there are no restrictions on guing the flag amendment. Senator He goes on to say: money because it is free speech, then it THURMOND started, and then Senator Soft money must be raised to attack the HATCH talked on the flag amendment. problem of soft money. In effect, the Court is ‘‘Katie bar the door’’ and we have The others have been talking on the immunizes its own erroneous ruling from really gone down the tube. flag amendment. change. It is not that bad; it is worse. We Mr. HATCH. Will the Senator yield? We have it foursquare. There is no used to have a break, I think it was on The PRESIDING OFFICER. It is the question that the majority in Buckley February 12, for Lincoln’s birthday. It Chair’s understanding the Hollings has mocked the first amendment. Four might have been a long weekend, but it amendment is an amendment to the Justices in Buckley v. Valeo found that was not a 10-day break. Now, January flag amendment. you could control spending. They is gone. Then we had a 10-day break in Mr. HATCH. We can use our time any treated money as it has been treated in February. We had a 10-day break again way we want to on our side. The the Congress—as property and not in March. We will have another 10-day amount of time is still remaining for speech. break in April. We will have another Senator HOLLINGS on his side. As I un- Let’s look, for example, at the hear- 10-day break in May and at the begin- derstand it, we are debating the Hol- ing we had. When the Senate is asked ning of June. Then we will have the lings amendment, but I talked gen- to consider contributions, they con- Fourth of July break. Then we will erally about the flag amendment. sider them property. So we had the have the month of August off—all of The PRESIDING OFFICER. The Hol- Thompson investigation. Seventy wit- this keeping us from doing the people’s lings amendment is an amendment to nesses testified in public over a total of business. the flag amendment and is under con- 33 days; 200 witness interviews were I thought once our campaigns were sideration. conducted; 196 depositions were con- over we would come up here and go to Mr. HOLLINGS. How much time do I ducted under oath; 418 subpoenas were work on behalf of the people’s business. have? issued for hearings, depositions, and Instead, we work on behalf of our own The PRESIDING OFFICER. The Sen- documents; and more than 1.5 million business: reelection. All in the name of ator from South Carolina has 1 hour. pages of documents were received. this tremendous volume of money, Mr. HOLLINGS. I thank the Chair. They did not say that Charlie Trie, money, money everywhere. They are Mr. HOLLINGS. Mr. President, I’m Johnny Huang and others had free trying to defend it on the premise of: addressing the so-called freedom of speech. The lawyers in those particular Give me the ACLU and the Washington speech with respect to campaign fi- cases would be delighted to hear a Con- Post. Then they put up a sandwich

VerDate 20-MAR-2000 01:45 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.010 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1773 board about newspapers: If the Hollings ment. Mind you, there was only one now trying to position themselves as amendment is passed, the newspapers Justice who called money property, but reformers on campaign finance. We can can’t write editorials. I never heard of another said it mocked the first solve that by having the people vote on such nonsense. amendment. Then I read from the deci- the issue in and of itself. Within 17 This does not have to do with any- sion: months, on average, we can have the body’s freedom of speech. We cannot, Soft money must be raised to attack the people vote and by this time next year should not and would not ever take problem of soft money. In effect, the Court have it confirmed by the Congress and away anybody’s speech. But we can immunizes its own erroneous ruling from this mess will cleaned up. Then we can take away the money used in cam- change. go back to work for the people of paigns and limit it just like every Imagine that. The Court has immu- America and cut out this money ma- other country does. In England, they nized the ruling from change; namely, chine operation that we call a Con- limit the amount of time in which you you cannot change it by statute. Listen gress. can actually conduct the campaign. Senator CONRAD, and any other Sen- We not only have to go out during They do not talk about campaigns in ator interested in playing games with breaks and raise money, we now have reference to the Magna Carta: Wait a this corruption, saying we will put in a ‘‘power hours.’’ We have the ‘‘united minute, you have taken away my little statute. There have been 2,000 or fund,’’ your fair share allocation that speech here in the Parliament. There is 20,000 amendments to the Constitution. you are supposed to raise and con- none of that kind of nonsense. But Give me a break. The last five or seven tribute to the committee. It becomes here, it is the kind of thing we are hav- amendments had to do with elections. more and more and more. Every time I ing to put up with. None of them is as important as this turn around, instead of trying to get The question is, Can this problem be particular national corruption of Con- some work done, we have more money solved another way? gress. We all know about it. We all par- demands. That is exactly what the Senator ticipate in it. We have no time to be a So if you want to stop the corruption from North Dakota, Mr. CONRAD, says: Congress. We are just a dignified bunch and stop the charade of calling cam- We have a problem. Let’s solve it in an- of money raisers for each other and for paign contributions free speech, this other way. He puts in a statutory ourselves. amendment is the solution. We are not amendment with respect to the flag. It is sad to have to say that on the taking away anybody’s speech. We in With respect to campaign financing, floor of the Senate, but it is time we Congress don’t call it speech when we give me a break. We have tried for 25 give the people a chance. This does not conduct these hearings, year-long hear- years—everything from public finance legislate or provide anything. It just ings with hundreds of witnesses and to free TV time, to soft money, to hard says, come November, as a joint resolu- millions of pages of testimony to get money limitations, to any and every tion, let the people decide. I think the the scoundrels. For what? Not for exer- idea. people have decided. That is why my Now we have the Vice President pro- cising their free speech but for vio- amendment is timely. During this posing an endowment to finance federal lating limitations on money contribu- year’s presidential primaries everyone campaigns. They think all you have to tions. We treat money as property do is come up with a new idea and then was talking about campaign finance re- when we have these fund raisers. We you are really serious about this. If form—reform, reform, reform. Can- don’t call them free-speech raisers. We you are going to get serious, vote for didates were saying, I am the reform treat it as property, except when we this amendment. Then, by gosh, we are candidate. try to really stop the corruption. The one thing they are trying to re- playing for keeps. I hope we will stop it today and vote There are a lot of people on McCain- form is campaign financing, this cor- affirmatively on the Hollings-Specter Feingold getting a free ride voting for ruption. Now even the Vice President amendment so that we can move on it, knowing it is never going anywhere has come out and said: The first day I and get back to our work. because the Senator from Kentucky is am your President, I will submit Go up to the majority leader and ask manifestly correct, it is patently un- McCain-Feingold—knowing it is an act him: Mr. Leader, I would like you to constitutional. There is no question in futility. Let’s pass McCain-Feingold bring up TV violence. He will say: Well, that this Court would find McCain- unanimously. The Court throws it out that will take 3 or 4 days. We don’t Feingold unconstitutional. Everybody later this year. It is not going any- have time. knows that. This is one grand charade, where. The Court has time and again Why don’t we have time? We don’t as the corruption continues. said soft money is speech. That is the work on Monday. We don’t work on I emphasize that this amendment majority of this crowd. But I admonish Friday, just the afternoons on Tuesday does not take a side with McCain-Fein- the four Justices in Buckley v. Valeo and Wednesday and Thursday. We can’t gold, with hard money, with soft who said they could do it. Now we have even allow amendments. money, with the Vice President’s en- two other Justices talking sense. We We are going in this afternoon at 3:30 dowment, with anything else or any know good and well that the people to the Budget Committee, but we have idea one may have about controlling want a chance to talk on this, to vote been putting that off again and again. spending in Federal elections. It is not on this. I just checked an hour ago and it was pro, it is not con, it is not for, it is not I had no sooner put this up years ago, said: We really don’t know whether the against. It merely gives authority to back in the 1980s, and the States’ Gov- vote is fixed. They try to fix the jury, the Congress to do what we intended ernors came and, by resolution, asked fix the vote so there are no amend- back in 1974 with the amended version that we amend the Hollings amend- ments to be accepted. The vote is fixed. of the Federal Election Campaign Act ment so as to include the States. So It is an exercise—if you don’t go along of 1971; and that is, to stop people from that now the Hollings amendment with their fix—in futility. Yet Mem- buying the office. reads that Congress is hereby empow- bers go around and say: I am a Member The corruption is such that you have ered to regulate or control spending in of the most deliberative body in the to buy the office. We are required to Federal elections, and the States are United States, most deliberative body buy it. I can tell you, because two hereby allowed to regulate or control in the world. The money chase has cor- years ago I spent more of my time rais- spending in State elections. rupted us so that we are fixed in a posi- ing $5.5 million for my seventh reelec- It should be remembered that the tion where we can’t deliberate. We tion to the Senate than I did cam- last, I think, six out of seven amend- don’t deliberate. We have forgotten paigning. So I speak advisedly. I have ments, took an average of 17 or 18 about that entirely and, in fact, rather asked for windows. I have asked for months. This is very timely for the enjoy it. So long as nobody raises any parts of this corruption that we are all people to vote on in November, when questions and we all can go back home involved in. The only way it is going to the issue has already been discussed and continue to raise money, we think be cleaned up is a constitutional and debated throughout the primaries. we are doing a good job. amendment. The people are ready to vote on cam- It is a sad situation. I hope we can What does Justice Kennedy say? He paign finance reform. And both presi- address it in an up-front manner and says: Buckley mocks the first amend- dential candidates, Bush and GORE, are support the amendment.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.013 pfrm01 PsN: S28PT1 S1774 CONGRESSIONAL RECORD — SENATE March 28, 2000 I retain the remainder of my time Hollings amendment. Let me repeat a more recent CNN-Gallup-USA Today and suggest the absence of a quorum. some of that for the record today. poll, in March—essentially after the The PRESIDING OFFICER. The The Hollings amendment is at least two nominations for President for both clerk will call the roll. very straightforward. As I understand parties had been wrapped up, after The assistant legislative clerk pro- what the Senator from South Carolina Super Tuesday—asked: What do you ceeded to call the roll. is saying, in order to enact the various think is the most important problem Mr. HOLLINGS. Mr. President, I ask campaign finance schemes that have facing this country today? It was open- unanimous consent that the order for been promoted around the Senate over ended. American citizens could pick the quorum call be rescinded the last decade or so, you have to, in any issue they wanted to as the most The PRESIDING OFFICER. Without fact, amend the first amendment to the important problem facing this country objection, it is so ordered. U.S. Constitution. I think he is correct today. Mr. HOLLINGS. I ask unanimous in that. I happen to think, however, In this poll of the American public, consent that time under the quorum that is a terrible idea. over 1,000 adults all across America, 32 call not be charged. His amendment would essentially different issues were mentioned. It was The PRESIDING OFFICER. Is there eviscerate the first amendment to the an open-ended poll among American objection? U.S. Constitution, change it dramati- citizens as to what they thought was Mr. HATCH. Reserving the right to cally for the first time in 200 years, to the most important issue. Not a single object, is the time going to be divided allow the Government—that is us here person mentioned campaign finance re- equally? in the Congress—to determine who form in this open-ended survey after The PRESIDING OFFICER. The time may speak, when they may speak and, Super Tuesday, after this issue had would ordinarily be divided equally. conceivably, even what they may been much discussed in the course of Under this request, if I understand the speak. Of course, under this amend- the nomination fights for both the request of the Senator from South ment, the press would not be exempt. Democrats and the Republicans. Of Carolina, the time will be divided So everyone who had anything to say course, in California, on the very same equally. As the time runs, it will be about American political matters in day as the Super Tuesday vote, there subtracted equally from both sides. support of or in opposition to a can- was, in fact, a referendum on the ballot There is a deadline of 12:30, which the didate would fall under the regulatory in California providing for taxpayer Senator’s unanimous consent request rubric of the Congress. The American funding of elections and all of the var- would violate if time was not charged. Civil Liberties Union called this a ious schemes promoted by the reform- Is there objection? ‘‘recipe for repression.’’ It is the kind ers here in the Senate in recent years. Mr. HATCH. Parliamentary inquiry. of power the Founding Fathers clearly It was defeated 2–1. Is the time to be charged against this did not want to reside in elected offi- So we have substantial evidence amendment equally referring to the cials. among the American people as to what amendment of the Senator from South So this is a step we should not take. they feel about this issue in terms of Carolina? The good news is the last time we its importance in casting votes for the The PRESIDING OFFICER. Yes. The voted on the Hollings amendment in President of the United States or, for Senator from South Carolina asked 1997, it only got 38 votes. I am con- that matter, for Members of Congress that the time not be charged while the fident this will not come anywhere as well. Senate is in a quorum call. However, near the 67 votes it would need to clear It has been suggested by the reform- the Senate is under a previous order of the Senate. ers on this issue over the years that if a deadline of 12:30. Therefore, the time I am rarely aligned with either Com- we will just pass various forms of cam- would have to be charged one way or mon Cause or the Washington Post on paign finance reform, the public will another. The time expires at 12:30. the campaign finance issue. They op- feel better about us, their skepticism Mr. HATCH. I have no objection to pose the Hollings amendment. Senator about us will be reduced, and their cyn- the request as long as the time is di- FEINGOLD, of McCain-Feingold fame, icism about politics will subside. A vided equally on his amendment to my also opposes the Hollings amendment. number of other countries have passed constitutional amendment. This would be a big step in the wrong the kind of legislation that has been Mr. HOLLINGS. That is my request, direction. I am confident the Senate proposed here over the last 15 or 20 Mr. President. The PRESIDING OFFICER. Without will not take that step when the vote years. Most of those—or all of those objection, the time will be divided occurs sometime early this afternoon. countries don’t have a first amend- Now, some random observations on equally between now and 12:30. ment, so they don’t have that impeding the subject of campaign finance re- Mr. MCCONNELL. Mr. President, on legislative activity. I think it is inter- the matter of the Hollings amendment, form. There has been a suggestion that esting to look at these other countries we—— this has become a leading issue nation- and what the results have been in Mr. HATCH. If the Senator will yield, ally and will determine the outcome of terms of public attitudes about govern- as I understand it there is an hour for the Presidential election. I think, first, ment that have come after they have debate on the underlying constitu- it is important to kind of look back passed the kinds of legislation that has tional amendment between 11:30 and over the last few months at how this been advocated around here in one 12:30 against which this time will not issue has fared with the American peo- form or another over the years. be charged. ple, since it has been discussed so much Let’s look at some industrialized de- The PRESIDING OFFICER. That is by the press. There was an ABC-Wash- mocracies. Our neighbor to the north, correct—just a second. ington Post poll right after the New Canada, has passed many of the types Mr. HATCH. Mr. President, I ask Hampshire primary among both Repub- of regulations supported by the reform- unanimous consent that the time be licans and Democrats, weighting the ers in the Senate over the years. They charged equally only against the importance of issues. Among Repub- have passed spending limits for all na- amendment of the distinguished Sen- licans, only 1 percent—this was a na- tional candidates. All national can- ator from South Carolina and that the tional poll—thought campaign finance didates must abide by these to be eligi- hour for debate between 11:30 and 12:30 reform was an important issue and, ble to receive taxpayer matching funds. remain the same. among Democrats, only 2 percent. The Vice President just yesterday The PRESIDING OFFICER. Is there Earlier this year, in January, an- came out with a taxpayer-funded objection? other poll—a national poll—asked: scheme for congressional elections. I Without objection, it is so ordered. What is the single most important have seen survey data on that. It would Mr. MCCONNELL addressed the issue to you in deciding whom you will be more popular to vote for a congres- Chair. support for President? Campaign fi- sional pay raise than to vote to spend The PRESIDING OFFICER. The Sen- nance was down around only 1 percent tax money on buttons and balloons and ator from Kentucky is recognized. of the people nationally who thought commercials. That is what the Vice Mr. MCCONNELL. Mr. President, we that was an important issue in decid- President came out for yesterday. We had extensive debate yesterday on the ing how to vote for President. Further, look forward to debating, in the course

VerDate 20-MAR-2000 01:45 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.015 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1775 of the fall election, how the American prehensive laws that are the most re- form in Japan was enacted earlier in people feel about having their tax dol- strictive among democratic nations.’’ the 1990s. lars go to pay for political campaigns. After forming a seven-party coalition What makes it even more laughable Nevertheless, other countries have government in August, 1993 Prime Min- is, after all of this happened, all of done that. I was talking about Canada. ister Hosokawa—this sounds like the these regulations on political speech Candidates can spend $2 per voter for Vice President—placed campaign fi- that amount to a reformers wish list the first 15,000 votes they get, a dollar nance reform at the top of his agenda, were imposed, you have to ask the per voter for all votes up to 25,000, and just as Vice President GORE did yester- question: Did cynicism decline? Did 50 cents per voter beyond 25,000. They day. He asserted that his reforms trust in government increase? ‘‘Not so have spending limits on parties that re- would restore democracy in Japan. In should be noted,’’ as we say down in strict parties to spending the product November 1994, his legislation passed. Kentucky. Following the disposition of of a multiple used to account for the After this legislation, the Japanese these regulations, the number of Japa- cost of living. This is an incredibly Government imposed the following re- nese who said they had ‘‘no confidence complex scheme they have in Canada— strictions on political speech. Listen to in legislators’’—the Japanese passed a product of a multiple used to account this. This is the law in Japan: campaign finance reform that Common for cost of living times the number of Candidates are forbidden from donat- Cause could only drool over. They did registered voters in each electoral dis- ing to their own campaigns. it in Japan. And after they did it, fol- trict in which that party has a can- Any corporation that is a party to a lowing the imposition of these regula- didate running for office. Government contract, grant, loan, or tions, the number of Japanese who said It almost makes you laugh just talk- subsidy is prohibited from making or they had ‘‘no confidence in legislators’’ ing about this. receiving any political contributions rose to 70 percent. Right now, in Canada, it comes out for 1 year after they receive such a con- Following the enactment of this dra- to about $1 per voter. They have indi- tract, grant, loan, or subsidy. conian control of political discourse rect funding via media subsidies. The In addition, there are strict limits on that I just outlined, in Japan only 12 Canadian Government requires that what corporations and unions and indi- percent of Japanese believe the Gov- radio and TV networks provide all par- viduals may give to candidates and ernment is responsive to the people’s ties with a specified amount of free air parties. opinions and wishes. After the enactment of all of this time during the month prior to an elec- There are limits on how much can- control over political discussion in tion. The Government also provides didates may spend on their campaigns. Japan, the percentage of Japanese subsidies to defray the cost of political Candidates are prohibited from buy- ‘‘satisfied’’ with the nation’s political publishing and gives tax credits to in- ing any advertisements. system fell to a mere 5 percent and dividuals and corporations which do- Listen to this: Candidates are prohib- voter turnout continued to decline. ited from buying any advertisements in nate to candidates and/or parties. It Let’s take a look at France. sounds similar to the Gore proposal of magazines and newspapers beyond the In France, there is significant regula- yesterday. five print media ads of a specified tion of political activity: They have this draconian scheme up length that the Government purchases Government funding of candidates; in Canada in which nobody gets to for each candidate. Government funding of parties; speak beyond the Government’s speci- Parties are allotted a specific num- Free radio and television time, reim- fied amount. The Government’s sub- ber of Government-purchased ads of a bursement for printing posters and for sidies are put into both campaigns and specified length. campaign-related transportation; parties and media subsidies. The number of ads a party gets is They banned contributions to can- What has been the reaction of the Ca- based on the number of candidates they didates by any entity except parties nadian people in terms of their con- have running. and PACs; fidence expressed toward their Govern- It is illegal for these party ads to dis- Individual contributors to parties are ment? cuss individual candidates in Japan. It limited; The most recent political science is illegal. Strict expenditure limits are set for studies of Canada demonstrate that de- In Japan, candidates and parties each electoral district; spite all of this regulation of political spend nothing on media advertising be- And every single candidate’s finances speech by candidates and parties, the cause not only are they prohibited are audited by a national commission number of Canadians who believe that from purchasing print media ads, they to ensure compliance with the rules. ‘‘the Government doesn’t care what are also prohibited from buying time Despite these regulations, the latest people like me think’’ has grown from on television and radio. political science studies in France roughly 45 percent to approximately 67 Talk about speech controls—in demonstrate that the French people’s percent. Japan, candidates can’t buy any time confidence in their Government and po- The Canadians put in this system on television and radio. litical institutions has continued to de- presumably to improve the attitude of The Government requires TV sta- cline, and voter turnout has continued Canadians about their Government, tions to permit parties and each can- to decline. Let’s take a look at Sweden. and it has declined dramatically since didate a set number of television and Sweden has imposed the following the imposition of this kind of control radio ads during the 12 days prior to regulations on political speech: over political speech. Confidence in the the election. Each candidate gets to In Sweden, there is no fundraising— national legislature in Canada declined make one Government-subsidized tele- none at all—or spending for individual from 49 percent to 21 percent, and the vision broadcast. candidates. Citizens merely vote for number of Canadians satisfied with the The Government’s Election Manage- parties and assign seats on proportion system of government has declined ment Committee—that is a nice title— of votes they receive. from 51 percent to 34 percent. provides each candidate with a set The Government subsidizes print ads Here we have in our neighbor to the number of sideboards and posters that by parties. north, Canada, an example of a country subscribe to a standard Government- Despite the fact that Sweden has no responding to concerns about cynicism mandated format. fundraising or spending for individual about politics in government put in all The Election Management Com- candidates since these requirements of these speech controls, and the people mittee also designates the places and have been in force, the number of in Canada have dramatically less con- times that candidates may give speech- Swedes disagreeing with the statement fidence in the Government now than es. that ‘‘parties are only interested in they did before all of this was enacted. In Japan, the Government designates people’s votes, not in their opinions’’ Let’s take a look at Japan. the times and places candidates may has declined from 51 percent to 28 per- According to the Congressional Re- give speeches. cent. search Service, ‘‘Japanese election This is the most extraordinary con- The number of people expressing con- campaigns, including campaign financ- trol over political discussion imag- fidence in the Swedish Parliament has ing, are governed by a set of com- inable. All of this campaign finance re- declined from 51 percent to 19 percent.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.019 pfrm01 PsN: S28PT1 S1776 CONGRESSIONAL RECORD — SENATE March 28, 2000 So we could follow the rest of the First I would like to say a few words with enactment of a constitutional world and trash the first amendment about the Senator from South Caro- amendment, I chose to oppose strongly and enact all of these draconian con- lina. Our colleague Senator HOLLINGS not only this constitutional amend- trols over political discussion, and has been calling for meaningful cam- ment but others that also sought to un- there is no evidence anywhere in the paign finance reform for perhaps longer dermine our most treasured founding world that produces greater faith in than any other Member of the U.S. principle. I firmly believe we must curb government or greater confidence in Senate. I disagree with this particular this reflexive practice of attempting to the process. In fact, there is every bit approach. But I certainly do not ques- cure each and every political and social of evidence that it declines dramati- tion his sincerity or commitment to re- ill of our Nation by tampering with the cally after the enactment of these form. U.S. Constitution. The Constitution of kinds of reforms. Back in 1993, my first year in the this country was not a rough draft. We I am confident we will not start re- Senate, Senator HOLLINGS offered a must stop treating it as such. pealing the first amendment today sense-of-the-Senate amendment to We must also understand that even if through the passage of the Hollings take up a constitutional amendment we were to adopt this constitutional amendment. Only 38 Senators voted for very similar to the one that is before amendment, and the states were to rat- this in 1997 when it was last before us, us today. I remember we had a very ify it, which we all know is not going and I am certain there won’t be many short period of time before that vote to happen, it will not take us one sin- more than that today. came up, and I decided to vote with the gle, solitary step closer to campaign fi- Mr. President, how much time re- Senator from South Carolina on that nance reform. It is not a silver bullet. mains in opposition to the Hollings day. I did so because I believed that This constitutional amendment em- amendment? other than balancing the Federal budg- powers the Congress to set mandatory The PRESIDING OFFICER (Mr. et, there was perhaps no more funda- spending limits on congressional can- ENZI). Three minutes. mental issue facing our country than didates. Those are the kind of manda- Mr. MCCONNELL. The Senator from the need to reform our election laws. tory limits that were struck down in Wisconsin is here to speak in opposi- Such a serious topic I believed at the the landmark Buckley v. Valeo deci- tion to the Hollings amendment. time merited at least a consideration sion. Mr. FEINGOLD. Mr. President, I ask of a constitutional amendment. And I unanimous consent if I could speak for will certainly confess to a certain level Here is the question I pose for sup- 15 minutes in opposition. of frustration at that time with the porters of this amendment: If this con- The PRESIDING OFFICER. The time fact that the Senate and other body stitutional amendment were to pass is under the control of the Senator had not yet acted to pass meaningful the Congress and be ratified by the from Utah. campaign finance reform in that Con- States, would campaign finance re- Mr. MCCONNELL. Since there are 3 gress. formers have the necessary 51 votes—or minutes more in opposition to the Hol- To be candid, I immediately realized, more likely the necessary 60 votes—to lings amendment, I am happy to give even as I was walking back to my of- pass legislation that includes manda- the Senator from Wisconsin my 3 min- fice from this Chamber, that I had tory spending limits? I don’t think so. utes and hope he might be accommo- made a mistake. I started rethinking We do not even have 60 votes to pass dated for a few more minutes to com- right away whether I really wanted the a ban on soft money at this point. And plete his statement. U.S. Senate to consider amending the we probably don’t even have a bare ma- Mr. HATCH. I am happy to give the first amendment, even to address the jority of the Senate who support spend- Senator 3 minutes, and I ask the dis- extremely important subject of cam- ing limits, much less mandatory spend- tinguished Senator from South Caro- paign finance reform. ing limits. lina if he would give some time. Then, 18 months later, my perspec- I have been working for many years Mr. HOLLINGS. We have no time. I tive on this question began to change with the senior Senator from Arizona, have the Senator from Pennsylvania even more as I was presented with two Senator MCCAIN, on a bipartisan cam- coming. I want to be accommodating new development here in the Senate. paign finance proposal. While our pro- but time is limited. First I was given the privilege of posal has changed over the years, we Mr. FEINGOLD. Obviously, both serving on the Senate Judiciary Com- have consistently been guided by a de- sides have the same amount of time. I mittee, and, second, I learned that the sire to work within the guidelines es- ask unanimous consent I be allowed to 104th Congress, newly under the con- tablished by the Supreme Court. Al- speak for 15 minutes, if necessary add- trol of what remains the majority though our opponents disagree, we are ing on to the time. Obviously, if the op- party, was to become the engine for a confident that the McCain-Feingold ponents were to feel the same, I have trainload of proposed amendments to bill is constitutional and will be upheld no opposition. the U.S. Constitution. As a member of by the courts. The PRESIDING OFFICER. The Sen- the Judiciary Committee, I had a very ator is advised we have a deadline of good seat to witness first hand the sur- I am mystified by the comments of 12:30. Therefore, the Senator’s unani- gery that some wanted to perform on the Senator from South Carolina who mous consent request would nec- the basic governing document of our stated pointblank: Everyone knows the essarily have to come out of Senator country, the Constitution. McCain-Feingold bill is unconstitu- HOLLINGS’ time, after the 3 minutes It started with a proposal right away tional. In fact, the recent Missouri have been used from the opposition. for a balanced budget constitutional Shrink case said by a 6–3 margin such Mr. HATCH. Mr. President, I ask amendment. Soon we were considering limitations on contributions are con- unanimous consent the debate on the a term limits constitutional amend- stitutional. It was a supermajority of Judiciary Committee amendment to ment, and then a flag desecration con- the Supreme Court. It is not credible, I the Constitution be moved to 11:45 to stitutional amendment, then a school believe, for anyone to argue at this accommodate the distinguished Sen- prayer amendment, then a super ma- point that a ban on soft money is un- ator, with the time divided equally. jority tax increase amendment, and constitutional. The PRESIDING OFFICER. Without then a victims rights amendment. In Our original proposal, unlike the law objection, it is so ordered. all over 100 constitutional amendments that was considered in Buckley v. The Senator from Wisconsin is recog- were introduced in the 104th Congress. Valeo, included voluntary spending nized for 15 minutes. A similar number were introduced in limits. We offered incentives in the Mr. FEINGOLD. I certainly thank the last Congress as well. And in this form of free and discounted television the Senator from Utah. Congress already we have seen over 60 time to encourage but not require can- Mr. President, I rise today to oppose constitutional amendments introduced. didates to limit their campaign spend- the proposed constitutional amend- As I saw legislator after legislator ing. That kind of reform is patterned ment offered by the junior Senator suggest that every sort of social, eco- on the Presidential public funding sys- from South Carolina, Senator HOL- nomic, and political problem we have tem that was specifically upheld in LINGS. in this country could be solved merely Buckley.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.021 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1777 Later versions of our bill have fo- the American people in their govern- think his amendment will bring us any cused on abolishing soft money, the un- ment and their leaders. I believe we closer to passing campaign finance re- limited contributions from corpora- should speak out against those who form. tions, unions, and wealthy individuals desecrate the flag. I believe we should I thank the Senator from Utah, to political parties. Very few constitu- take immediate steps to fundamentally again, for his courtesy in allowing me tional scholars, other than a current overhaul our system of financing cam- to address this issue. I yield the floor. nominee to the FEC, Brad Smith, be- paigns. But I do not believe, as the sup- The PRESIDING OFFICER. The lieve that the Constitution prevents us porters of this constitutional amend- Chair recognizes the Senator from from banning soft money. As I indi- ment and other amendments believe, South Carolina. cated, the Missouri Shrink case makes that we need to amend the U.S. Con- Mr. HOLLINGS. Mr. President, I that clear. stitution to accomplish our goals. thank my distinguished colleague from The key point is this: We don’t need Nothing in this constitutional Wisconsin. I only hasten to add that to amend the Constitution to do what amendment before the Senate today this particular amendment has nothing needs to be done. Of course, when we would prevent what we witnessed in to do with favoring or opposing the bring a campaign finance bill to the the last election. Allegations of ille- McCain-Feingold amendment. I have floor we are met with strong resist- gality and improprieties, accusations voted for that at least four or five ance. In fact, so far we have been of abuse, and the selling of access to times already. stopped by a filibuster. The notion that high-ranking Government officials Read the Nixon v. Shrink decision this constitutional amendment will would continue no matter what the when they say money is speech, and in the Colorado v. FEC decision when somehow magically pave the way for outcome of the vote on this constitu- they allowed soft money. One can tell a legislation that includes mandatory tional amendment. Only the enactment majority of the Court has no idea. spending limits simply ignores the re- of legislation that bans soft money Money talks; money is speech—that is ality of the opposition that campaign contributions will make a meaningful the way the Court is going. I reiterate, finance reformers face in the Senate, difference. I see Members of the Senate as hav- McCain-Feingold is an act in futility. and I think we face in the Senate even Mr. President, I ask unanimous con- ing three choices. First, they can vote after a ratification of the Hollings sent that an article by Jonathan Bing- for constitutional amendments and amendment. ham, ‘‘Democracy or Plutocracy? The This amendment, if ratified, would one-sided reform proposals that basi- Case for a Constitutional Amendment remove the obstacle of the Supreme cally have predetermined fates of never to Overturn Buckley v. Valeo’’ be Court from mandatory spending limit becoming law. That allows you to say printed in the RECORD. legislation, but it will not remove the you voted for something and put the There being no objection, the mate- obstacle of those Senators such as the matter aside. Second, they can stand rial was ordered to be printed in the Senator from Kentucky, who believe with the Senator from Kentucky and RECORD, as follows: we need more money, not less, in our others who tell us ‘‘all is well’’ with [From the Annals of the American Academy, political system. our campaign finance system and we Jul., 1986] Most disconcerting to me is what should not be disturbed that so much DEMOCRACY OR PLUTOCRACY? THE CASE FOR A this proposed constitutional amend- money is pouring into the campaign CONSTITUTIONAL AMENDMENT TO OVERTURN ment would mean to the first amend- coffers of candidates and parties. BUCKLEY V. VALEO ment. I find nothing more sacred and A third option is that Senators can (By Jonathan Bingham) treasured in our Nation’s history than join with the Senator from Arizona and Abstract: In the early 1970s the U.S. Con- the first amendment. It is perhaps the myself and others who have tried to ap- gress made a serious effort to stop the abuses one tenet of our Constitution that sets proach this problem from a bipartisan of campaign financing by setting limits on our country apart from every type of perspective and have tried to craft a re- contributions and also on campaign spend- government formed and tested by man- form proposal that is fair to all, and ing. In the 1976 case of Buckley v. Valeo, the kind throughout history. No other constitutional. Supreme Court upheld the regulation of con- country has a provision quite like our Without meaningful bipartisan cam- tributions, but invalidated the regulation of paign finance reform, the American campaign spending as a violation of the First first amendment. Amendment. Since then, lavish campaigns, The first amendment is the bedrock people will continue to perceive their with their attendant evils, have become an of the Bill of Rights. It has as its un- elected leaders as being for sale. They ever more serious problem. Multimillion-dol- derpinning the notion that every cit- will continue to distrust and doubt the lar campaigns for the Senate, and even for izen has a fundamental right to dis- integrity of their own Government. the House of Representatives, have become agree with his or her government. It And they will have good reason for commonplace. Various statutory solutions says that a newspaper has an unfet- that distrust and doubt. This system of to the problem have been proposed, but these tered right to publish expressions of legalized bribery threatens the very will not be adequate unless the Congress— political or moral thought. It says that foundations of our democracy. and the states—are permitted to stop the es- calation by setting limits. What is needed is Senator MCCAIN and I intend to make the Government may not establish a a constitutional amendment to reverse the State-based religion that would in- sure that the Senate will have another Buckley holding, as proposed by several fringe on the rights of those individ- opportunity to address this issue. We members of Congress. This would not mean a uals who seek to be freed from such a have had many debates on campaign fi- weakening of the Bill of Rights, since the religious environment. nance reform, and we will have many Buckley ruling was a distortion of the First I have stood on the floor of the Sen- more until we pass it. I understand and Amendment. Within reasonable financial ate to oppose the proposed constitu- share the frustration of those who sup- limits there is ample opportunity for that tional amendment that would allow port reform and are tired of seeing our ‘‘uninhibited, robust and wide-open’’ debate Congress to prohibit the desecration of efforts fail. I want to finish this job of the issues that the Supreme Court cor- rectly wants to protect. the U.S. flag, and I do so again this too. But the way to address the cam- The First Amendment is not a vehicle for week. I do so because that amendment, paign finance problem is to pass con- turning this country into a plutocracy,’’ says for the first time in our history, would stitutional legislation, not a constitu- Joseph L. Rauh, the distinguished civil take a chisel to the first amendment. tional amendment. We must redouble rights lawyer, deploring the ruling in Buck- It would say that individuals have a our efforts to break the deadlock and ley v. Valeo.1 It is the thesis of this article constitutional right to express them- give the people real reform this year, that the Supreme Court in Buckley was selves—unless they are expressing not 7 or more years from now. wrong in nullifying certain congressional ef- forts to limit campaign spending and that themselves by burning a flag. I urge the Members of the Senate to the decision must not be allowed to stand. Just as I deplore as much as anyone reject this amendment. It is not nec- While statutory remedies may mitigate the in this body any individual who would essary to tinker with the first amend- evil of excessive money in politics and are take a match to the flag of the United ment in order to accomplish campaign worth pursuing, they will not stop the fever- States, I am firmly convinced that un- finance reform. I greatly admire the ish escalation of campaign spending. They restrained spending on congressional sincerity and commitment of the Sen- campaigns has eroded the confidence of ator from South Carolina, but I do not 1 Footnotes at end of article.

VerDate 20-MAR-2000 01:45 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.023 pfrm01 PsN: S28PT1 S1778 CONGRESSIONAL RECORD — SENATE March 28, 2000 will also have no effect whatever on the expenditures intended to affect elections to face the prospect of constant fundraising or spreading phenomenon of very wealthy peo- federal office. because they see a wealthy person, who can ple’s spending millions of dollars of their Section 2. The several states may enact pay for a lavish campaign, already in the own money to get elected to Congress and to laws regulating the amounts of contribu- race. state office. tions and expenditures intended to affect In ‘‘Politics and Money,’’ Elizabeth Drew When the Supreme Court held a national elections to state and local offices.5 has well described the poisonous effect of es- income tax unconstitutional, the Sixteenth In the Ninety-eighth Congress, the same calating campaign costs on our political sys- Amendment reversed that decision. Buckley resolution was reintroduced by Mr. Vento tem: should be treated the same way. and Mr. Donnelly and by Mr. Brown, Demo- ‘‘Until the problem of money is dealt with, BACKGROUND crat of California, and Mr. Rinaldo, Repub- it is unrealistic to expect the political proc- lican of New Jersey. A similar resolution was ess to improve in any other respect. It is not The Federal Election Campaign Act of 1971 introduced in the Senate by Senator Ste- relevant whether every candidate who spends was the first comprehensive effort by the vens, Republican of Alaska. As of the present more than this opponent wins—though in U.S. Congress to regulate the financing of writing, the resolution has been reintroduced races that are otherwise close, this tends to federal election campaigns. In 1974, following in the Ninety-ninth Congress by Mr. Vento.6 be the case. What matters is what the chas- the scandals of the Watergate era, the Con- No hearings have been held on these pro- ing of money does to the candidates, and to gress greatly strengthened the 1971 act. As posals, and they have attracted little atten- the victors’ subsequent behavior. The can- amended, the new law combined far-reaching tion. Even organizations and commentators didates’ desperation for money and the inter- requirements for disclosure with restrictions deeply concerned with the problem of money ests’ desire to affect public policy provide a on the amount of contributions, expendi- in politics and runaway campaign spending mutual opportunity. The issue is not how tures from a candidate’s personal funds, have focused exclusively on statutory rem- much is spent on elections but the way the total campaign expenditures, and inde- edies. Common Cause, in spite of my plead- money is obtained. The point is what raising pendent expenditures on behalf of identified ing, has declined to add a proposal for a con- money, not simply spending it, does to the candidates. stitutional amendment to its agenda for political process. It is not just that the legis- The report of the House Administration campaign reform or even to hear arguments lative product is bent or stymied. It is not Committee recommending the 1974 legisla- in support of the proposal. A constituency just that well-armed interests have a head tion to the House explained the underlying for the idea has yet to be developed. start over the rest of the citizenry—or that philosophy: often it is not even a contest. . . . It is not ‘‘The unchecked rise in campaign expendi- THE NATURE OF THE PROBLEM even relevant which interest happens to be tures, coupled with the absence of limita- This article proceeds on the assumption winning. What is relevant is what the whole tions on contributions and expenditures, has that escalating campaign costs pose a seri- thing is doing to the democratic process. increased the dependence of candidates on ous threat to the quality of government in What is at stake is the idea of representative special interest groups and large contribu- this country. There are those who argue the government, the soul of this country.’’ 9 tors. Under the present law the impression contrary, but their view of the nature of the Focusing on the different phenomenon of persists that a candidate can buy an election problem is narrow. They focus on the facts wealthy candidates’ being able to finance by simply spending large sums in a cam- that the amounts of money involved are not their own, often successful, campaigns, the paign. large relative to the gross national product late columnist Joseph Kraft commented that ‘‘Such a system is not only unfair to can- and that the number of votes on Capitol Hill ‘‘affinity between personal riches and public didates in general, but even more so to the that can be shown to have been affected by office challenges a fundamental principle of electorate. The electorate is entitled to base campaign contributions is not over- American life.’’ 10 its judgment on a straightforward presen- whelming. tation of a candidate’s qualifications for pub- The curse of money in politics, however, is SHORTCOMING OF STATUTORY PROPOSALS lic office and his programs for the Nation by no means limited to the influencing of In spite of the wide agreement on the seri- rather than on a sophisticated advertising votes. There are at least two other problems ousness of the problems, there is no agree- program which is encouraged by the infusion that are, if anything, even more serious. One ment on the solution. Many different pro- of vast amounts of money. is the eroding of the present nonsystem on posals have been made by legislators, acad- ‘‘The Committee on House Administration the public’s confidence in our form of democ- emicians, commentators, and public interest is of the opinion that there is a definite need racy. If public office and votes on issues are organizations, notably Common Cause. for effective and comprehensive legislation perceived to be for sale, the harm is done, One of the most frequently discussed is to in this area to restore and strengthen public whether or not the facts justify that conclu- follow for congressional elections the pat- confidence in the integrity of the political sion. In Buckley the Supreme Court itself, in tern adopted for presidential campaigns: a process.’’ 2 sustaining the limitations on the size of po- system of public funding, coupled with limits The 1974 act included a provision, added litical contributions, stressed the impor- on spending.11 Starting in 1955, bills along pursuant to an amendment offered by then tance of avoiding ‘‘the appearance of im- these lines have been introduced on Capitol Senator James Buckley, for expedited review proper influence’’ as ‘‘ ‘critical . . . if con- Hill, but none has been adopted. Understand- of the law’s constitutionality. In January fidence in the system of representative gov- ably, such proposals are not popular with in- 1976 the Supreme Court invalidated those ernment is not to be eroded to a disastrous cumbents, most of whom believe that chal- portions that imposed limits on campaign extent.’ ’’ 7 What the Supreme Court failed to lengers would gain more from public financ- spending as violative of the First Amend- recognize was that ‘‘ 6 confidence in the sys- ing than they would. ment’s guarantee of free speech. tem of the representative government’ ’’ Even assuming that the political obstacles In his powerful dissent, Justice White said, could likewise be ‘‘ ‘eroded to a disastrous could be overcome and that some sort of pub- ‘‘Without limits on total expenditures, cam- extent’ ’’ by the spectacle of lavish spending, lic financing for congressional candidates paign costs will inevitably and endlessly es- whether the source of the funds is the can- might be adopted, this financing would suffer calate.’’ 3 His prediction was promptly borne didate’s own wealth or the result of high- from serious weaknesses. No system of pub- out. Multimillion-dollar campaigns for the pressure fund-raising from contributors with lic financing could solve the problem of the Senate have become the rule, with the 1984 an ax to grind. very wealthy candidate. Since such can- Helms-Hunt race in North Carolina setting The other problem is that excellent people didates do not need public funding, they astonishing new records. It is no longer un- are discouraged from running for office, or, would not subject themselves to the spend- usual for expenditures in contested House once in, are unwilling to continue wrestling ing limits. The same difficulty would arise campaigns to go over the million-dollar with the unpleasant and degrading task of when aggressive candidates, believing they mark; in 1982 one House candidate reportedly raising huge sums of money year after year. could raise more from private sources, re- spent over $2 million of his own funds. There is no doubt that every two years valu- jected the government funds. This result is In 1982 a number of representatives came able members of Congress decide to retire be- to be expected if the level of public funding to the conclusion that the Buckley ruling cause they are fed up with having constantly is set too low, that is, at a level that the con- should not be allowed to stand and that a to beg. For example, former Congressmen stant escalation of campaign costs is in the constitutional amendment was imperative. Charles Vanik of Ohio and Richard Ottinger process of outrunning. According to Con- In June Congressman Henry Reuss of Wis- of New York, both outstanding legislators, gressman Bruce Vento, an author of the pro- consin introduced a resolution calling for an were clearly influenced by such consider- posed constitutional amendment to overturn amendment to give Congress the authority ations when they decided to retire, Vanik in Buckley, this has tended to happen in Min- to regulate campaign spending in federal 1980 and Ottinger in 1984. Vanik said, among nesota, where very low levels of public fund- elections. In December, with the cosponsor- other things, ‘‘I feel every contribution car- ing are provided to candidates for state of- ship of Mr. Reuss and 11 others,4 I introduced ries some sort of lien which is an encum- fice. a broader resolution authorizing the states, brance on the legislative process. . . . I’m To ameliorate these difficulties, some pro- as well as the Congress, to impose limits on terribly upset by the huge amounts that can- ponents of public financing suggest that the campaign spending. The text of the proposed didates have to raise.’’ 8 Probably an even spending limits that a candidate who takes amendment was: greater number of men and women who government funding must accept should be Section 1. The Congress may enact laws would make stellar legislators are discour- waived for that candidate to the extent an regulating the amounts of contributions and aged from competing because they cannot opponent reports expenses in excess of those

VerDate 20-MAR-2000 01:45 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.015 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1779 limits. Unfortunately, in such a case one of primarily at the PAC phenomenon—not even ‘‘. . . expenditure ceilings reinforce the the main purposes of public funding would be legislation to eliminate PACs altogether— contribution limits and help eradicate the frustrated and the escalation of campaign would solve the problem so well summarized hazard of corruption.... spending would continue. The candidate who by Elizabeth Drew. The special interests and ‘‘Besides backing up the contribution pro- is not wealthy is left with the fearsome task favor-seeking individual givers would find visions, . . . expenditure limits have their of quickly having to raise additional hun- other ways of funneling their dollars into po- own potential for preventing the corruption dreds of thousands, or even millions, of dol- litically useful channels, and the harassed of federal elections themselves.16 ’’ lars. members of Congress would have to continue Justice White further concluded that Another suggested approach would be to to demean themselves by constant begging. ‘‘limiting the total that can be spent will require television stations, as a condition of PAC regulation and all the other forms of ease the candidate’s understandable obses- their licenses, to provide free air time to statutory regulation suffer from one funda- sion with fundraising, and so free him and congressional candidates in segments of not mental weakness: none of them would affect his staff to communicate in more places and less than, for instance, five minutes. A can- the multimillion-dollar self-financed cam- ways unconnected with the fundraising func- didate’s acceptance of such time would com- paign. Yet it is this type of campaign that tion. mit the candidate to the acceptance of does more than any other to confirm the ‘‘It is also important to restore and main- spending limits. While such a scheme would widely held view that high office in the tain public confidence in federal elections. It be impractical for primary contests—which United States can be bought. is critical to obviate and dispel the impres- in many areas are the crucial ones—the idea Short of a constitutional amendment, sion that federal elections are purely and is attractive for general election campaigns there is only one kind of proposal, so far as simply a function of money, that federal of- in mixed urban-rural states and districts. It I know, that would curb the super-rich can- fices are bought and sold or that political would be unworkable, however, in the big didate, as well as setting limits for others. races are reserved for those who have the fa- metropolitan areas, where the main stations Lloyd N. Cutler, counsel to the president in cility—and the stomach—for doing whatever reach into scores of congressional districts the Carter White House, has suggested that it takes to bring together those interests, and, in some cases, into several states. Not the political parties undertake the task of groups, and individuals that can raise or con- only would broadcasters resist the idea, but campaign finance regulation.15 Theoreti- tribute large fortunes in order to prevail at the television-viewing public would be furi- cally, the parties could withhold endorse- the polls.17 ’’ ous at being virtually compelled during pre- ment from candidates who refuse to abide by Two of the judges of the District of Colum- election weeks to watch a series of talking- the party-prescribed limits and other regula- bia Circuit Court, which upheld the 1974 head shows featuring all the area’s cam- tions. But the chances of this happening act—judges widely respected, especially for paigning senators and representatives and seem just about nil. Conceivably a national their human rights concerns—later wrote their challengers. The offer of such unpopu- party convention might establish such regu- law journal articles criticizing in stinging lar television time would hardly tempt seri- lations for its presidential primaries, but to terms the Supreme Court’s holding that the ous candidates to accept limits on their date most contenders have accepted the lim- spending limits were invalid. For example, spending. its imposed under the matching system of the late Judge Harold Leventhal said in the Proponents of free television time, recog- public funding; John Connally of Texas was Columbia Law Review: ‘‘The central ques- nizing the limited usefulness of the idea in the exception in 1980. For congressional tion is what is the interest underlying regu- metropolitan areas, have suggested that can- races, however, it is not at all clear what lation of campaign expenses and is it sub- didates could be provided with free mailings body or bodies could make such rules and en- stantial? The critical interest, in my view, is instead. While mailings can be pinpointed force them. Claimants to such authority the same as that accepted by the [Supreme] and are an essential part of urban cam- would include the national conventions, na- Court in upholding limits on contributions. paigning, they account for only a fraction of tional committees, congressional party cau- It is the need to maintain confidence in self- campaign costs, even where television is not cuses, various state committees, and, in government, and to prevent the erosion of widely used; accordingly, the prospect of free some cases, country committees. Perhaps democracy which comes from a popular view mailings would not be likely to win the ac- our national parties should be more hier- of government as responsive only or mainly ceptance of unwelcome campaign limits on archically structured, but the fact is that to special interests.18 total expenses.12 they are not. ‘‘A court that is concerned with public On top of all this, the system would work Yet another method of persuading can- alienation and distrust of the political proc- for general election campaigns only if both didates to accept spending limits would be to ess cannot fairly deny to the people the major parties took parallel action. If by allow 100 percent tax credits for contribu- power to tell the legislators to implement some miracle they did so, the end result tions of up to, say, $100 made to authorized this one-word principle: Enough! 19 ’’ campaigns, that is, those campaigns where might be to encourage third-party and inde- Here are excerpts from what Judge J. the candidate has agreed to abide by certain pendent candidacies. Skelly Wright had to say in the Yale Law Let me make clear that I am not opposed regulations, including limits on total spend- Journal: to any of the proposals briefly summarized ing.13 It is difficult to predict how effective ‘‘The Court told us, in effect, that money earlier. To the extent I had the opportunity such a system would be, and a pilot project is speech. to find out would not be feasible, since the to vote for any of the statutory proposals ‘‘. . . [This view] accepts without question tax laws cannot be changed for just one area. during my years in the House, I did so. Nor elaborate mass media campaigns that have For candidates who raise most of their funds am I arguing that a constitutional amend- made political communication expensive, from contributors in the $50-to-$100 range, ment by itself would solve the problem; it but at the same time remote, disembodied, the incentive to accept spending limits would only be the beginning of a very dif- occasionally . . . manipulative. Nothing in would be strong, but for those—and they are ficult task. What I am saying is that, short the First Amendment . . . commits us to the many—who rely principally on contributors of effective action by the parties, any system dogma that money is speech.20 in the $500-to-$1000 range, the incentive to reverse the present lethal trends in cam- ‘‘. . . far from stifling First Amendment would be much weaker. This problem could paign financing must have as a basic element values, [the 1974 act] actually promotes be partially solved by allowing tax credits the restoration to the Congress of the au- them.... In place of unlimited spending, for contributions of up to $100 and tax deduc- thority to regulate the process. the law encourages all to emphasize less ex- tions for contributions in excess of $100 up to THE MERITS OF THE BUCKLEY RULING pensive face-to-face communications efforts, the permitted limit. Such proposals, of The justices of the Supreme Court were all exactly the kind of activities that promote course, amount to a form of public financing over the lot in the Buckley case, with numer- real dialogue on the merits and leave much and hence would encounter formidable polit- ous dissents from the majority opinion. The less room for manipulation and avoidance of ical obstacles, especially at a time when most significant dissent, in my view, was en- the issues.21 ’’ budgetary restraint and tax simplification tered by Justice White, who, alone among The Supreme Court was apparently blind are considered of top priority. the justices, had had extensive experience in to these considerations. Its treatment was Some of the most vocal critics of the federal campaigns. White’s position was that almost entirely doctrinaire. In holding un- present anarchy in campaign financing focus the Congress, and not the Court, was the constitutional the limits set by Congress on their wrath and legislative efforts on the po- proper body to decide whether the slight in- total expenditures for congressional cam- litical action committees (PACs) spawned in terference with First Amendment freedoms paigns and on spending by individual can- great numbers under the Federal Election in the Federal Election Campaign Act was didates, the Court did not claim that the dol- Campaign Act of 1974. Although many PACs warranted. Justice White reasoned as fol- lar limits set were unreasonably low. In the are truly serving the public interest, others lows: view taken by the Court, such limits were have made it easier for special interests, es- ‘‘The judgment of Congress was that rea- beyond the power of the Congress to set, no pecially professional and trade associations, sonably effective campaigns could be con- matter how high. to funnel funds into the campaign treasuries ducted within the limits established by the Only in the case of the $1000 limit set for of legislators or challengers who will pre- Act.... In this posture of the case, there is spending by independent individuals or dictably vote for those interests. Restric- no sound basis for invalidating the expendi- groups ‘‘relative to a clearly identified can- tions, such as limiting the total amount leg- ture limitations, so long as the purposes didate’’ did the Court focus on the level set islative candidates could accept from PACs, they serve are legitimate and sufficiently in the law. The Court said that such a limit would be salutary 14 but no legislation aimed substantial, which in my view they are . . . ‘‘would appear to exclude all citizens and

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.019 pfrm01 PsN: S28PT1 S1780 CONGRESSIONAL RECORD — SENATE March 28, 2000 groups except candidates, political parties cmmittees—spending that is said not to be cient to insert in the proposed amendment,30 and the institutional press from any signifi- authorized by, or coordinated with, the cam- after ‘‘The Congress,’’ the words ‘‘having due cant use of the most effective modes of com- paign committees. In both years, the Repub- regard for the need to facilitate full and free munication.’’ 22 In a footnote, the Court lican candidates benefited far more from this discussion and debate.’’ Section 1 of the noted: type of spending than the Democratic: In amendment would then read, ‘‘The Congress, ‘‘The record indicates that, as of January 1980, the respective amounts were $12.2 mil- having due regard for the need to facilitate 1, 1975, one full-page advertisement in a daily lion and $45,000; in 1984, $15.3 million and full and free discussion and debate, may edition of a certain metropolitan newspaper $621,000.26 enact laws regulating the amounts of con- cost $6,971.04—almost seven times the annual This spending violated section 9012(f) of the tributions and expenditures intended to af- limit on expenditures ‘‘relative to’’ a par- Presidential Campaign Fund Act, which pro- fect elections to federal office.’’ Other ways ticular candidate imposed on the vast major- hibited independent committees from spend- of dealing with this problem could no doubt ity of individual citizens and associations.’’ 23 ing more than $1000 to further a presidential be devised. The Court devoted far more space to argu- candidate’s election if that candidate had Another drafting difficulty arises from the ing the unconstitutionality of this provision elected to take public financing under the modification in the proposed amendment of than to any of the other limits, presumably terms of the act. In 1983 various Democratic the words ‘‘contributions and expenditures’’ because of this point it had the strongest Party entities and the Federal Election Com- by ‘‘intended to affect elections.’’ This lan- case. Judge Leventhal, too, thought the $1000 mission, with Common Cause as a supporting guage is appropriate with respect to money figure for independent spending was unduly amicus curiac, sued to have section 9012(f) raised or spent by candidates and their com- restrictive and might properly have been declared constitutional, so as to lay the mittees, but it does present a problem in its struck down. As one who supported the 1974 groundwork for enforcement of the act. application to money raised and spent by al- act while in the House, I believe, with the These efforts failed. Applying the Buckley legedly independent committees, groups, or benefit of hindsight, that the imposition of precedent, the three-judge district court that individuals. It could hardly be argued that this low limit on independent expenditures first heard the case denied the relief sought, communications referring solely to issues, with no mention of candidates, could, con- was a grave mistake. and this ruling was affirmed in a 7-to-2 deci- sistent with the First Amendment, be made Let us look for a moment at the question sion by the Supreme Court in FEC v. NCPAC subject to spending limits, even if they were of whether reasonable limits on total spend- in March 1985.27 quite obviously ‘‘intended to affect’’ an elec- ing in campaigns and on spending by wealthy The NCPAC decision clearly strengthens tion. Accordingly, a proper amendment candidates really do interfere with the ‘‘un- the case for a constitutional amendment to should include language limiting the regula- fettered interchange of ideas,’’ ‘‘the free dis- permit Congress to regulate campaign spend- tion of ‘‘independent’’ expenditures to those cussion of governmental affairs,’’ and the ing. For none of the statutory or party-ac- relative to ‘‘clearly identified’’ candidates, ‘‘uninhibited, robust and wide-open’’ debate tion remedies summarized earlier would language that would parallel the provisions on public issues that the Supreme Court has touch this new eruption of the money-in-pol- of the 1971 Federal Election Campaign Act, rightly said the First Amendment is de- itics volcano. as amended.31 signed to protect.24 In Buckley the Supreme True, even with a constitutional amend- These are essentially technical problems Court has answered that question in the af- ment in place, it would still be possible for that could be solved with the assistance of the National Conservative Political Action firmative when the limits are imposed by experts in constitutional law if the Judiciary Committee or other committees to spend un- law under Congress’ conceded power to regu- Committee of either house should decide to late federal elections. The Court answered limited amounts for media programs on one hold hearings on the idea of a constitutional the same question negatively, however, when side of an issue or another, and these would amendment and proceed to draft and report the limits were imposed as a condition of undoubtedly have some impact on presi- out an appropriate resolution. public financing. In narrow legalistic terms dential—and other—campaigns. However, the Many of those in and out of Congress who the distinction is perhaps justified, but, in straight-out campaigning for an individual are genuinely concerned with political terms of what is desirable or undesirable or a ticket, which tends to be far more effec- money brush aside the notion of a constitu- under our form of government, I submit that tive than focusing on issues alone, could be tional amendment and focus entirely on the setting of such limits is either desirable brought within reasonable limits. remedies that seem less drastic. They appear or it is not. LOOKING AHEAD to assume that Congress is more likely to Various of the solutions proposed to deal The obstacles in the way of achieving a re- adopt a statutory remedy, such as public fi- with the campaign-financing problem, statu- versal of Buckley by constitutional amend- nancing, than go for an enabling constitu- tory and nonstatutory, raise the same ques- ment are, of course, formidable. This is espe- tional amendment that could be tagged as tion—for example, the proposal to allow tax cially true today when the House Judiciary tampering with the Bill of Rights. I disagree credits only for contributions to candidates Committee is resolutely sitting on other with that assumption. who have accepted spending limits, and the amendments affecting the Bill of Rights and Incumbents generally resist proposals such proposal that political parties should impose is not disposed to report out any such as public financing because challengers limits. All such proposals assume that it is amendments. might be the major beneficiaries, but most good public policy to have such limits in In addition to the practical political hur- incumbents tend to favor the idea of spend- place. They simply seek to avoid the inhibi- dles to be overcome, there are drafting prob- ing limits. The Congress is not by its nature tion of the Buckley case by arranging for lems to solve. The simple form so far pro- averse to being given greater authority; that some carrot-type motivation for the observ- posed 28—and quoted previously—needs re- would be especially true in this case, where ance of limits, instead of the stick-type mo- finement. until 1976 the Congress always thought it had tivation of compliance with a law. For example, if an amendment were adopt- such authority. I venture to say that if a I am not, of course, suggesting that those ed simply giving to the Congress and the carefully drawn constitutional amendment who make these proposals are wrong to do states the authority to ‘‘enact laws regu- were reported out of one of the Judiciary Committees, it might secure the necessary so. What I am suggesting is that they should lating the amount of contributions and ex- support the idea of undoing the damage done two-thirds majorities in both houses, with penditures intended to affect elections,29 the by Buckley by way of a constitutional surprising ease. First Amendment question would not nec- The various state legislatures might well amendment. essarily be answered. The argument could Summing up the reason for such an amend- react in similar fashion. A power they still be made, and not without reason, that ment, Congressman Henry Reuss said, ‘‘Free- thought they had would be restored to them. such regulatory laws, like other powers of dom of speech is a precious thing. But pro- The big difficulty is to get the process the Congress and the states, must not offend tecting it does not permit someone to shout started, whether it be for a constitutional the First Amendment. I asked an expert in ‘fire’ in a crowded theater. Equally, freedom amendment or a statutory remedy or both. constitutional law how this problem might of speech must not be stressed so as to com- Here, the villain, I am afraid, is public apa- be dealt with, and he said the only sure way pel democracy to commit suicide by allowing thy. Unfortunately, the voters seem to take would be to add the words ‘‘notwithstanding money to govern elections.25 excessive campaign spending as a given—a the First Amendment.’’ But such an addition phenomenon they can do nothing about—and INDEPENDENT EXPENDITURES IN PRESIDENTIAL is not a viable solution. The political obsta- there is no substantial consistency for re- CAMPAIGNS cles in the way of an amendment over- form. The House Administration Committee, Until now the system of public financing turning Buckley in its interpretation of the which in the early 1970s was the spark plug for presidential campaigns, coupled with First Amendment with respect to campaign for legislation, has recently shown little in- limits on private financing, has worked rea- spending are grievous enough; to ask the terest in pressing for any of the legislative sonably well. Accordingly, most of the pro- Congress—and the state legislatures—to cre- proposals that have been put forward. posals mentioned previously for the amelio- ate a major exception to the First Amend- The 1974 act itself emerged as a reaction to ration of the campaign-financing problem ment would assure defeat. the scandals of the Watergate era, and it have been concerned with campaigns for the The answer has to be to find a form of may well be that major action, whether stat- Senate and the House. wording that says, in effect, that the First utory or constitutional, will not be a prac- In 1980 and 1984, however, a veritable explo- Amendment can properly be interpreted so tical possibility until a new set of scandals sion occurred in the spending for the presi- as to permit reasonable regulation of cam- bursts into the open. Meanwhile, the situa- dential candidates by allegedly independent paign spending. In my view, it would be suffi- tion will only get worse.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.023 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1781 FOOTNOTES Governor George W. Bush has already first amendment. What we are trying 1 Personal communication with Joseph L. Rauh, raised $74 million and spent all but $8 to do is complete a uniformity where Mar, 1985; Buckley v. Valeo, 424 U.S. (1976). million of it. He spent $64 million by everybody is treated equally, the 2 U.S., Congress, House, Committee on House Ad- ministration, Federal Election Campaign Act, Amend- March. The very idea of buying the of- speech of the contributor as well as the ments of 1974; Report to Accompany H.R. 16090, 93rd fice is a disgrace. It is a disgrace. As speech of the candidate. Cong., 2d sess., 1974, H. Rept. 93–1239, pp. 3–4. Senator Long of Louisiana said when Going on, I quote from Justice White: 3 424 U.S., p. 264. we passed the Federal Election Cam- The congressional judgment which was 4 The other representatives were Mrs. Fenwick, Re- publican of New Jersey; Ms. Mikulski, Democrat of paign Act of 1971, we want to make ours to accept was that other steps must be Maryland; and Messrs. Bevil, Democrat of Alabama; sure everyone can participate. taken to counter the corrosive effects of Donnelly, Democrat of Massachusetts; D’Amours, Buckley v. Valeo has stood the first money in Federal election campaigns. Democrat of New Hampshire; Edgar, Democrat of This is 25 years ago: Pennsylvania; LaFalce, Democrat of New York; and amendment on its head. It has taken it Wolpe, Democrat of Michigan. away. That is what the Senator from One of these steps is 608(e), which aside 5 U.S., Congress, House, Proposing an Amendment to Wisconsin, the Senator from Kentucky, from those funds that are given to the can- the Constitution of the United States Relative to Con- and others do not understand. didate or spent at his request or with his ap- tributions and Expenditures Intended to Affect Congres- The Court, in Buckley v. Valeo, proval or cooperation, limits what a contrib- sional, Presidential and State Elections, 97th Cong., 2d. utor may independently spend in support or sess., 1982, H.J. Res. 628, p. 2. amended the first amendment to take denigration of one running for Federal office. 6 Ibid., 99th Cong., 1st sess., 1985, H.J. Res. 88. away the speech of the ordinary Amer- 7 424 U.S., p. 27, quoting CSC v. Letter Carriers, 413 ican in important Federal elections. That is the soft money about which U.S. 548, 565 (1973); see also 424 U.S., p. 30. we are talking. Moving on, I quote: 8 Quoted by Congressman Henry Reuss, in U.S., There is no question when one has to Congress, House, Congressional Record, daily ed., 97th raise 5.5 million bucks in a little State Congress was plainly of the view that these Cong., 2d sess., 1982, 128(81):H3900. like South Carolina—I looked around expenditures also have the potential for cor- 9 New Yorker, 6 Dec. 1982, pp. 55–56. for somebody else to run last time. We ruption. But the Court claimed more insight 10 Washington Post, 2 Nov. 1982. as to what may improperly influence can- 11 In the Buckley case the Supreme Court simply could not get them to run for Congress didates than is possessed by the majority of assumed that limits on spending were not a viola- because it cost too much. We could not Congress that passed this bill, and the Presi- tion of free speech when acceptance of such limits was made the condition for receiving public funds. even get a candidate on our side in the dent who signed it. Those supporting the bill 424 U.S., pp. 85–110. See also Charles McC. Mathias, First District, in the Third District, undeniably include many seasoned profes- Jr., ‘‘Should There Be Public Financing of Congres- and all around. It has gotten to where sionals who have been deeply involved in sional Campaigns?’’ this issue of The Annals of the people say: Look, this thing costs too elective processes and have viewed them at American Academy of Political and Social Science. close range over many years. 12 A variation of the idea of free television and/or much; I don’t have the time, I don’t mail, proposed by Common Cause and others, would have the money. Then he goes on: provide for such privileges as a means of answering That is a part of the corruption. I have little doubt, in addition, that lim- attacks made on candidates by allegedly inde- Look at the considerations of Justice iting the total that can be spent will ease pendent organizations or individuals. See Fred the candidate’s understandable obsession Wertheimer, ‘‘Campaign Finance Reform: The Un- White 25 years ago, and I read from his with fundraising and so free him and his finished Agenda,’’ this issue of The Annals of the opinion. I remind everybody that four staff to communicate in more places and American Academy of Political and Social Science. of the Justices found money as prop- 13 See ibid. ways unconnected with the fundraising func- 14 The Obey-Railsback Act, which contained such erty and not speech; it could be con- tion. trolled. It was only by a 1-vote margin restrictions, actually passed the House in 1979, but Actually talking about freedom of got no further. See ibid. that we are into this 25-year dilemma, 15 speech, you have time to talk to con- See Lloyd N. Cutler, ‘‘Can the Parties Regulate like a dog chasing its tail around and Campaign Financing?’’ this issue of The Annals of stituents. I remember after the last around and the corruption growing and the American Academy of Political and Social campaign, I went around the State, Science. growing. 16 county to county, and they said: Fritz, 424 U.S., pp. 263–64. I quote from Justice White: 17 Ibid., p. 265. why in the world are you coming 18 Leventhal, ‘‘Courts and Political Thickets,’’ Co- It is accepted that Congress has power around? You just won. I said: Yeah, but under the Constitution to regulate the elec- lumbia Law Review, 77:362 (1977). I really didn’t get to talk to the voters. 19 Ibid., p. 368. tion of Federal officers, including the Presi- 20 Wright, ‘‘Politics and the Constitution: Is Money dent and Vice President. This includes the I had to talk to contributors. I didn’t Speech?’’ Yale Law Journal, 85:1005 (1979). authority to protect the elective processes have time for the voters other than 21 Ibid., p. 1019. against the two great natural and historical during the scheduled debates. I would 22 424 U.S., pp. 20–21. 23 Ibid., p. 21. enemies of all republics—open violence and like to meet the voters and talk to 24 Roth v. United States, 354 U.S. 476, 484 (1957); Mills insidious corruption. them in a more intimate way. That is v. Alabama, 384 U.S. 214, 218 (1966); New York Times v. Then talking about the insidious cor- quoted in the press. Sullivan, 376 U.S. 254, 270 (1964). This is 25 years ago, foreseeing the 25 U.S., Congress, House, Congressional Record, 97th ruption: Cong., 2d sess., daily ed., 128(81):H3901. Pursuant to this undoubted power of Con- corruption. 26 New York Times, 19 Mar. 1985. gress to vindicate the strong public interest I quote from Justice White: 27 FEC v. NCPAC, 105 S. Ct. 1459 (1985). in controlling corruption and other undesir- 28 There is nothing objectionable, indeed, it U.S. Congress, House, Contributions and Expendi- able uses of money in connection with elec- tures; H.J. Res. 628. seems to me a weighty interest in favor of 29 Ibid. tion campaigns, the Federal Election Cam- the provision in the attempt to insulate the 30 Ibid. paign Act substantially broadened the re- political expression of Federal candidates 31 2 U.S. C.A. § 431(17). porting and disclosure requirements that so from the influence inevitably exerted by the long have been a part of the Federal law. Mr. HOLLINGS. Mr. President, that endless job of raising increasingly large Congress also concluded that limitations on sums of money. I regret that the Court has article was 10 years after Buckley v. contributions and expenditures were essen- returned them all to the treadmill. Valeo. I am constantly reminded by tial if the aims of the act were to be achieved It is also important to restore and main- the opposition that I only got 38 votes fully. tain public confidence in Federal elections. in 1997 for my amendment. There is a Buckley v. Valeo limited contribu- It is critical to obviate or dispel the impres- pleasure, an enjoyment to this wonder- tions. It took away freedom of speech sion that Federal elections are purely and ful corruption. There is not any ques- under the premise here—what a ter- simply a function of money, that Federal of- ficers are bought and sold, or that political tion we used to have a better con- rible thing. I have the quotes from the science. This article shows how even races are reserved for those who have the fa- distinguished Senator from Kentucky cility and the stomach for doing whatever it the Senator from Alaska, Mr. STEVENS, that ‘‘we eviscerate the first amend- takes to bring together those interest groups and others cosponsored it. I had a ment with this Hollings-Specter and individuals who can raise or contribute dozen Republican cosponsors. amendment that limits who may large fortunes in order to prevail at the Now the Senator from Kentucky, Mr. speak, when they may speak, what polls. MCCONNELL, and the Senator from they may speak’’—by the way, this ap- I could go on and on. There is no Texas, Mr. GRAMM, have it down to a plies to the press—‘‘what they may re- question that we had a very erudite ob- Republican article of faith: We have port, when they may report and who servation here by Justice White, very the money and they, the Democrats, may report.’’ visionary. Everybody says: You have to have the unions, and so we are not Actually, there is no question that have somebody who has vision. That is going to limit the money. the decision in Buckley amended the a visionary statement in Buckley v.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.027 pfrm01 PsN: S28PT1 S1782 CONGRESSIONAL RECORD — SENATE March 28, 2000 Valeo. Even though it was in a dis- asked the Presiding Officer: Do you all where the most deliberative body can’t senting opinion, it foretold what we have a deficit or a surplus? He said: Oh, deliberate. were going to run into. we have a surplus. We have a balanced I retain the remainder of my time Once the campaign was over, I budget. I said: How do you measure it? and suggest the absence of a quorum. thought we would come up here and He said: By the amount of money you Does the other side have any time? work for the people of the United have to borrow. Both sides? States, not for ourselves. We could give The distinguished Presiding Officer is The PRESIDING OFFICER. The all the time to our treadmill here, as an eminent certified public account- other side has 3 minutes. Justice White says, but we raise the ant. He knows how to keep the books. Mr. HOLLINGS. Well, I think we will money, raise the money, raise the He would not go along with the kinds allocate the time to both sides. money, raise the money. It goes on and of books we keep here, showing that The PRESIDING OFFICER. Is there on and it takes away from our actual we’re borrowing money and calling it a objection? Without objection, it is so function as the most deliberative body. surplus. It’s a deficit. It is an increase ordered. The clerk will call the roll. Yes, we got only 38 votes the last in the debt. The legislative clerk proceeded to time. The conscience is diminishing. In addition, the interest expense on call the roll. We got a majority vote back in the the public debt outstanding is Mr. HATCH. Mr. President, I ask 1980s back when we had a conscience. $158,799,000,000. That is what we have unanimous consent that the order for We also once had a conscience on the spent just on interest costs since the the quorum call be rescinded. budget. Now we hold the totally false beginning of the fiscal year. That is the The PRESIDING OFFICER. Without premise that a deficit is a surplus. I do real waste. We had a conscience under objection, it is so ordered. not have today’s data, but I have the President Reagan; now it’s waste, Mr. HATCH. Mr. President, there is a day before yesterday’s. We have The fraud, and abuse. I served on the Grace right way and a wrong way of reform- Public Debt To the Penny. I ask unani- Commission. Surely, we could get votes ing our system of campaign finance. mous consent to have that printed in in those days because we had a con- The Hollings proposal to amend our the RECORD. science. Constitution is simply the wrong way. There being no objection, the mate- We don’t have a conscience anymore. It would, in effect, amend the first rial was ordered to be printed in the Thirty-eight votes; I am lucky to get amendment to our Constitution to RECORD, as follows: 18. I don’t mind. Somehow, somewhere, allow any ‘‘reasonable’’ restrictions to be placed on independent campaign ex- The Public Debt to the Penny some time, this has to be exposed. It is one grand corruption of the Congress penditures and contributions. Why does [Current 03/24/2000—$5,730,876,091,058.27] itself. We know it. Everybody else he propose that we amend the first Current month: Amount knows it. The public showed that they amendment? Because the Supreme 03/23/2000 ...... $5,729,458,665,582.66 Court of the United States has held 03/22/2000 ...... 5,727,734,275,348.06 know it, too, during the primaries. 03/21/2000 ...... 5,728,846,067,846.82 If we do not get a hold of ourselves that restrictions on independent ex- 03/20/2000 ...... 5,728,253,942,273.38 and do something about it in this par- penditures violate the first amend- 03/17/2000 ...... 5,728,671,330,064.36 ticular session, we are gone goslings. ment’s free speech protection and that 03/16/2000 ...... 5,724,694,663,639.63 That is all I have to say. such restrictions could only be justi- 03/15/2000 ...... 5,747,793,381,625.76 It is a tragic thing when you have to fied upon a showing of a compelling—as 03/14/2000 ...... 5,748,566,517,856.04 stand up here and defend the right of opposed to any reasonable—reason. 03/13/2000 ...... 5,745,831,852,208.71 the people to vote on controlling The Hollings amendment would gut 03/10/2000 ...... 5,745,712,662,449.10 spending in elections. They have it at the free speech protections of the first 03/09/2000 ...... 5,744,560,824,206.30 03/08/2000 ...... 5,745,125,070,490.06 city hall with the constable. They have amendment. It would allow the cur- 03/07/2000 ...... 5,747,932,431,376.73 it in the State capitals with the Gov- tailing of independent campaign ex- 03/06/2000 ...... 5,745,099,557,759.64 ernor. Now we have it with the na- penditures that could overcome the 03/03/2000 ...... 5,742,858,530,572.10 tional Congress. Everybody wants to natural advantage that incumbents 03/02/2000 ...... 5,732,418,769,036.22 try to control spending. have. It would, thus, limit free speech 03/01/2000 ...... 5,725,649,856,797.45 We go along with this farce of free and virtually guarantee that incum- Prior months: speech and that we are amending the bents be reelected. Thus, the Hollings 02/29/2000 ...... 5,735,333,348,132.58 Constitution, really, the first amend- amendment could change the very na- 01/31/2000 ...... 5,711,285,168,951.46 12/31/1999 ...... 5,776,091,314,225.33 ment. In reality we are amending the ture of our constitutional democratic 11/30/1999 ...... 5,693,600,157,029.08 Constitution to give the first amend- form of government by establishing 10/29/1999 ...... 5,679,726,662,904.06 ment its freedom of speech. The first what the Founders of the Republic Prior fiscal years: amendment gave that freedom of feared most: a permanent elite or rul- 09/30/1999 ...... 5,656,270,901,615.43 speech, but once money is attached to ing oligarchy. Let me explain. 09/30/1998 ...... 5,526,193,008,897.62 the speech, you take it away from The very purpose of the first amend- 09/30/1997 ...... 5,413,146,011,397.34 those who do not have money. That is ment’s free speech clause is to ensure 09/30/1996 ...... 5,224,810,939,135.73 exactly what has occurred. that the people’s elected officials effec- 09/29/1995 ...... 4,973,982,900,709.39 Buckley v. Valeo has amended the 09/30/1994 ...... 4,692,749,910,013.32 tively and genuinely represent the pub- 09/30/1993 ...... 4,411,488,883,139.38 first amendment. They are all so ex- lic. For elections to be a real check on 09/30/1992 ...... 4,064,620,655,521.66 cited and alarmed about it and laugh government, free speech must be guar- 09/30/1991 ...... 3,665,303,351,697.03 as they go back into the Cloakroom be- anteed—both to educate the public 09/28/1990 ...... 3,233,313,451,777.25 cause they know exactly what we are about the issues, and to allow differing 09/29/1989 ...... 2,857,430,960,187.32 talking about on the floor. Nobody is view points to compete in what Oliver 09/30/1988 ...... 2,602,337,712,041.16 here. It is a Tuesday morning and no- Wendell Holmes called ‘‘the market 09/30/1987 ...... 2,350,276,890,953.00 body has to vote until 2:15. We will place of ideas.’’ Note.—Looking for more historic information? Visit the Public Debt Historical Information ar- have a caucus and we will go in and Simply put, without free speech, gov- chives. talk about how we have been doing on ernment cannot be predicated upon, Source: Bureau of the Public Debt. fundraising. Then when we get through what Thomas Jefferson termed, ‘‘the Mr. HOLLINGS. This is the con- talking about doing the fundraising, we consent of the governed.’’ Without free science of this crowd here. When you will go ahead and vote this down, ac- speech, there can be no government can’t get votes—it is amazing I get any cording to the Senator from Kentucky. based on consent because consent can kind of votes because the over- But there will come another day. I am never be informed. whelming majority calls this deficit a glad for the 6-year term. We have a lit- The Supreme Court of the United surplus. You can find out that on 9–30– tle time left. I have been at it some 20 States recognized this fundamental 99, the debt was $5.656 trillion. It has years now. We will continue. It takes a principle of democracy in the 1976 case now grown to $5.730 trillion. little time. But what Justice White of Buckley v. Valeo, 424 U.S. 1 (1976). I just got back from London. I had stated back in Buckley v. Valeo has The Court in Buckley recognized that lunch there with Parliament, and I come to pass. It has brought us to free speech is meaningless unless it is

VerDate 20-MAR-2000 01:45 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.026 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1783 effective. In the words of Justice Campaign finance reform should not I ask unanimous consent that I be re- White, ‘‘money talks.’’ Unless you can be at the expense of free speech. This stored to a full 30 minutes, without in get your ideas into the public domain, amendment—in trying to reduce the any way interfering with the time of all the homilies and hosannas to free- costs of political campaigns—could the Senator. dom of speech are just plain talk. Thus, cost us so much more: our heritage of The PRESIDING OFFICER. Was that the Supreme Court held that campaign political liberty. Without free speech starting time 30 minutes from this mo- contributions and expenditures are our Republic would become a tyranny. ment and then to reserve the 10 min- speech—or intrinsically related to Even the liberal American Civil Lib- utes for Senator SPECTER? speech—and that the regulating of such erties Union opposes Hollings-type ap- Mr. LEAHY. Yes, I will start now. funds must be restrained by the prohi- proaches to campaign reform and But the distinguished Senator from bitions of the first amendment. called such approaches a ‘‘recipe for re- South Carolina will not lose any of the The Buckley Court made a distinction pression.’’ time reserved for him. between campaign contributions and The simple truth is that there are The PRESIDING OFFICER. He will campaign expenditures. The Court just too many on the other side of the retain his 10 minutes, that is correct. found that free speech interests in aisle that believe that the first amend- Without objection, it is so ordered. campaign contributions are marginal ment is inconsistent with campaign fi- Mr. LEAHY. Mr. President, on April at best because they convey only a gen- nance reform. That is why they are 20, 1999, 14 young students and a teach- eralized expression of support. But pushing the Hollings proposal. To er lost their lives at Columbine High independent expenditures are another quote House Minority Leader RICHARD School in Littleton, CO. That was one matter. These are given higher first GEPHARDT, ‘‘[w]hat we have is two im- of a series of deadly incidents of school amendment protection because they portant values in direct conflict: free- violence over the last 2 years. The day are direct expressions of speech. The dom of speech and our desire for a that happened, the Senate Judiciary Court reaffirmed the principles it out- healthy campaign in a healthy democ- Committee was not engaged in working lined in Buckley just a few months ago racy. You can’t have both.’’ on crime proposals or public safety in Nixon v. Shrink Missouri Gov’t. I strongly disagree. You can have issues. That day, like today, we were Consequently, because contributions both. We have to have both. For with- devoting our attention to the sym- are tangential to free speech, Congress out both, the very idea of representa- bolism of this proposed amendment to has a sizeable latitude to regulate tive democracy is imperiled. That is the Constitution, which would weaken them in order to prevent fraud and cor- why I oppose the Hollings amendment. the first amendment for the first time ruption. But not so with independent I suggest the absence of a quorum. in history, so that we might make expenditures. In the words of the The PRESIDING OFFICER. The criminal the burning of the American Court: clerk will call the roll. flag. The legislative clerk proceeded to A restriction on the amount of money a Scores of our Nation’s children have person or group can spend necessarily re- call the roll. been killed and wounded over the last 2 duces the quantity of expression by restrict- Mr. LEAHY. Mr. President, I ask years. They haven’t been killed or ing the number of issues discussed, the depth unanimous consent that the order for wounded by burning flags. They have of their exploration, and the size of the audi- the quorum call be rescinded. been killed and wounded by firearm vi- ence reached. This is because virtually every The PRESIDING OFFICER. Without olence. Our loss has been from school means of communicating in today’s mass so- objection, it is so ordered. violence that has shaken communities ciety requires the expenditure of money. [424 Mr. LEAHY. Mr. President, what is U.S. at 19–20]. across this country. the parliamentary situation? Unfortunately, the Republican lead- The PRESIDING OFFICER. Senator The Hollings amendment’s allowance ership in the Senate and the House HOLLINGS controls the time until 11:45 of restrictions on expenditures by Con- have not found time to have the juve- a.m. gress and state legislatures would im- nile crime bill conference meet and re- pose direct and substantial restraints Mr. LEAHY. Mr. President, does the Senator from Vermont have 30 minutes solve the differences. So even though on the quantity of political speech. It we have passed a juvenile crime bill, would permit placing drastic limita- under a previous order? The PRESIDING OFFICER. The Sen- one that has modest gun control in it, tions on both individuals and groups the gun lobby said we can’t meet on from spending money to disseminate ator from Vermont has 22 and a half minutes. that. We cannot have meetings on it. their own ideas as to which candidate We cannot resolve those differences. should be supported and what cause is Mr. LEAHY. Mr. President, my un- derstanding was that the Senator from Instead, we step forward and say to the just. The Supreme Court noted that American people: We will protect your such restrictions on expenditures, even Vermont had 30 minutes in the order entered into last week. children, we will protect your schools, if ‘‘neutral as to the ideas expressed, we will make sure we have a constitu- limit political expression at the core of The PRESIDING OFFICER. The Sen- ator is correct, but the UC was amend- tional amendment banning the burning our electoral process and of the First of flags. Amendment freedoms.’’ [Buckley at 39]. ed by a subsequent UC that moved the time from the beginning time to 11:45. Like all Americans, all parents, I Indeed, even candidates under the abhor the burning of flags. But like Hollings proposal could be restricted in Mr. LEAHY. Mr. President, I ask unanimous consent that the Senator American parents, especially those engaging in protected first amendment with children in school, I know the expression. Justice Brandeis observed, from Vermont be restored to his full 30 minutes, following the time of the Sen- danger to those children of gun vio- in Whitney v. California, 274 U.S. 357, 375 lence and other criminal activity in (1927), that in our republic, ‘‘public dis- ator from South Carolina. Mr. HOLLINGS. If the Senator will this country is far more of a danger cussion is a political duty,’’ and that yield, I am trying to retain some time than the burning of a flag. duty will be circumscribed where a for my cosponsor, Senator SPECTER The Republican majority has not candidate is prevented from spending from Pennsylvania. I heard 10 minutes moved the emergency supplemental ap- his or her own money to spread the ago he was on his way to the floor. I propriations bill that is needed to pro- electoral message. That a candidate would be glad for the Senator to pro- vide Federal assistance to victims of has a first amendment right to engage ceed if we could reserve 10 minutes of Hurricane Floyd, or to help those who in public issues and advocate par- time when Senator SPECTER gets here need fuel assistance, or to fund our ticular positions was considered by the at 11:45. men and women engaged in inter- Buckley Court to be of: Mr. LEAHY. Mr. President, I tell the national peacekeeping efforts in . . . particular importance . . . candidates Senator that my only concern—and I Kosovo. Nor has the Republican major- [must] have the unfettered opportunity to am perfectly willing to make sure he is ity moved responsibly to help fill the 77 make their views known so that the elec- torate may intelligently evaluate the can- protected, however the time works. I judicial vacancies plaguing the Federal didates’ personal qualities and their posi- think by mistake somebody on the courts around the Nation. Nor has the tions on vital public issues before choosing other side of the aisle yielded some of majority yet moved a budget resolu- among them on election day. 424 U.S. at 53. my time without my permission. tion to meet the April 1 and April 15

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.008 pfrm01 PsN: S28PT1 S1784 CONGRESSIONAL RECORD — SENATE March 28, 2000 deadlines of the Budget Act. I recall speeches. Democrats from the House Ten national law enforcement organi- that 2 years ago no final budget resolu- and Senate tried to proceed, to offer zations representing thousands of law tion passed the Congress, and I hope motions about how to proceed, and to enforcement officers have endorsed the that experience of congressional inat- begin substantive discussion, but we Senate-passed gun safety amendment. tention will not be repeated. We need were ruled out of order by the Repub- They support loophole-free firearm to raise the minimum wage, pass a Pa- lican majority. laws. tients’ Bill of Rights, approve prescrip- Since that time I have returned to These are the ones who do: tion drug benefits, and authorize the the Senate a number of times to speak International Association of Chiefs of FDA to help stem the public health to these important issues and to urge Police; hazard of tobacco products. There is a the Republican to reconvene the juve- International Brotherhood of Police lot to be done, and very little is being nile crime conference. I have joined Officers; done. with fellow Democrats to request both Police Executive Research Forum; I came to the Senate again last week in writing and on the floor that the Police Foundation; Major Cities Chiefs; to urge action on the juvenile crime majority let us finish our work on the Federal Law Enforcement Officers conference. This Congress has kept the conference and send a good bill to the Association; country waiting too long for action on President. On October 20, 1999, all the National Sheriffs Association; juvenile crime legislation and sensible House and Senate Democratic con- National Association of School Re- gun safety laws. We are fast approach- ferees sent a letter to Senator HATCH source Officers; ing a first-year anniversary of the and Congressman HYDE calling for an National Organization of Black Law shooting at Columbine High School in open meeting of the juvenile crime Enforcement Executives; and Littleton, CO, without any response conference. On March 3, 2000, after yet Hispanic American Police Command from Congress except for a bill that another shocking school shooting in- Officers Association. passed the Senate 3-to-1, a bill that we volving 6-year-old classmates in Michi- Should we not at least listen to the all praised and took credit for, a bill gan, Representative CONYERS and I law enforcement people who are asked that, unfortunately, didn’t go any- wrote again to Senator HATCH and Con- every day to put their lives on the line where. It sat in a closed conference, be- gressman HYDE requesting an imme- to protect all of us, and should we not hind a door that says: Parents of Amer- diate meeting of the conference. The at least listen to them when they say, ica cannot be admitted. response has been resounding silence. Pass this modest bill? But no. We see If we did all our work, if we did some- I worry that after a major debate on the gun lobbies run all kinds of ads ba- thing about gun violence, if we did the floor, one in which we have both sically telling the Congress, Don’t do something about our children who are Republicans and Democrats bring up it; we will not allow you to do it. The dying in the streets of America, if we amendments and pass some and vote Congress meekly says, Yes, sir; yes, sir; did something about school safety and down others, we then let the subject of we will let the gun lobby run our something about juvenile justice, if we juvenile justice languish. We have seen schedule—not those of us who are passed our budget on time, as the law press releases, but the families of elected to do it. requires, if we did something on med- America have yet to see a bill. I was in law enforcement. I spent 8 ical privacy, if we did those things, Three weeks ago, I was honored to be years in law enforcement. I know law fine, set aside a couple of weeks for invited to a White House summit by enforcement officers in this country symbolic actions. But let’s do our work the President of the United States. He need help in keeping guns out of the first. Let’s do the things that should be had three other Members of Congress— hands of people who should not have done first. the distinguished chairman of the them. Next month, Americans have to have House Judiciary Committee, HENRY I am not talking about people who their tax returns in, by April 15, be- HYDE; the distinguished chairman of use guns for hunting or for sport, as my cause it is the law. It is also the law our Judiciary Committee, Senator neighbors and I do in Vermont, but that says we are supposed to get our HATCH; and the distinguished ranking about criminals and unsupervised chil- budget done. But we won’t. The Con- member of the House Judiciary Com- dren. The thousands of law enforce- gress of the United States has shown 2 mittee, Congressman CONYERS. We met ment officers represented by these or- years ago that we have not followed in the Oval Office in a rather extraor- ganizations are demanding the Con- the law. dinary meeting. I have been to many gress act now to pass a strong and ef- For some time I have been urging the over 25 years, and I do not remember fective juvenile justice conference. As Senate to rededicate itself to the work one where the President stayed so en- leader of the Democrats on this side, I of helping parents, teachers, police and gaged for such a long period of time in am willing to meet on a moment’s no- others to curb school violence. On May such a frank and open exchange. tice to do that. 11 last year, the Republican majority The President concurs with the re- Every parent, teacher and student in in the Senate allowed us to turn our convening of the conference and action this country is concerned about school attention to the important problems of by the Congress to send him a com- violence over the last two years and school violence and juvenile crime. prehensive bill before the 1-year anni- worried about when the next shooting Over the ensuing two weeks the Senate versary of the Columbine tragedy. But may occur. They pray it does not hap- worked its way through scores of all of his entreaties have been rebuffed pen at their school or involve their amendments. The Hatch-Leahy juve- as well. We have been in recess more children. nile justice legislation that passed the than we have been in session since that We all recognize that there is no sin- Senate last May 20, received a strong time. Take a couple of days and wrap gle cause and no single legislative solu- bipartisan majority of 73 votes. Under this up, and send it to the President. tion that will cure the epidemic of the plan put forward by the Republican Democrats have been ready for youth violence in our schools or in our leader, this juvenile justice legislation months to reconvene the juvenile streets. But we have an opportunity be- had become the vehicle for the anti-vi- crime conference and put together an fore us to do our part. We should seize olence amendments adopted by the effective juvenile justice conference re- this opportunity to act on balanced, ef- Senate last May. port that would include reasonable gun fective juvenile crime legislation, and I urged a prompt conference. When safety provisions. It bothers me that measures to keep guns out of the hands things bogged down, I took the unusual this Senate, under its majority leader- of children and away from criminals. It step of coming to the Senate to offer a ship, cannot find the time nor the will is well past the time for Congress to unanimous consent request to move to to pass balanced, comprehensive juve- act. conference on the legislation, which nile justice legislation. Instead, the Senate will be called eventually provided the blueprint for With respect to juvenile crime, I upon to devote several more days this finally agreeing to conference on July hope the majority will heed the call of week to debating this proposal to 28. our Nation’s law enforcement officers amend the Constitution to restrict the Unfortunately, the conference was to act now to pass a strong and effec- First Amendment’s fundamental pro- convened for a single afternoon of tive juvenile justice conference report. tection of political expression for the

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.029 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1785 first time in our nation’s history in The Senate was intended to be a friend, who served this nation with spe- order to criminalize flag burning as a place for thoughtful debate, for the of- cial distinction in war and in peace and form of political protest. We can de- fering of amendments and for votes on in the far reaches of space, come back bate that. But can’t we take at least as amendments. We should not short- to the Senate to testify before the Ju- much time to debate things that will change this debate. Let us do justice to diciary Committee. This is a veteran of actually involve the safety of our chil- the task of considering this constitu- both World War II and the Korean con- dren? tional amendment before we are called flict. I am prepared to debate the merits of upon to vote, again. He told us: the proposed constitutional amend- This afternoon we will first vote on It would be a hollow victory indeed if we ment to restrict political speech. I con- the Flag Protection Act amendment of- preserved the symbol of our freedoms by tributed to an extensive set of minor- fered by Senators MCCONNELL, BEN- chipping away at those fundamental free- doms themselves. Let the flag fully represent ity views in the Committee’s report NETT, DORGAN and CONRAD with the all the freedoms spelled out in the Bill of that lay out the flaws in the pro- support of Senators DODD, TORRICELLI, Rights, not a partial, watered-down version ponents’ arguments and the case for BINGAMAN, LIEBERMAN and BYRD. Hav- that has altered its protections. protecting the Constitution and our ing reviewed that proposal, I intend to The flag is the nation’s most powerful and Bill of Rights. We have debated this be- support it as well. It is a statutory al- emotional symbol. It is our most sacred sym- fore and must do so, again. ternative to the proposed constitu- bol. And it is our most revered symbol. But I treat proposals to amend the Con- tional amendment. it is a symbol. It symbolizes the freedoms stitution with utmost seriousness. Our Now, let us remember one thing. No that we have in this country, but it is not the freedoms themselves. . . . role in the process is a solemn respon- matter how Senators vote on the pro- Those who have made the ultimate sac- sibility. But when we have concluded posed amendment, either for or against rifice, who died following that banner, did this debate, as we will in the next few it, there is one thing that unites every not give up their lives for a red, white and days, I hope that the juvenile crime single Member of this body. We all blue piece of cloth. They died because they bill conference committee will com- agree that flag burning is a despicable went into harm’s way, representing this plete its work. I hope that we will and reprehensible act. It is usually country and because of their allegiance to move the emergency supplemental ap- the values, the rights and principles rep- done to show great disrespect to our resented by that flag and to the Republic for propriations needed to help our citizens country and our institutions and all it which it stands. hurt by Hurricane Floyd and by high stands for. It has to be especially offen- These are powerful words from our fuel prices. I hope that we will vote to sive to those who put their lives on the former colleague, John Glenn, a man increase the minimum wage without line for this country, whether in the we all agree is a true American hero. further delay; I hope that we will enact Armed Forces, law enforcement, or Last spring I wrote to General Colin a real patients’ bill of rights, and that elsewhere. L. Powell, our Chairman of the Joint we will approve a meaningful prescrip- But the ultimate question before us Chiefs of Staff during the Persian Gulf tion drug benefit, and that we will pass is not whether we agree that flag burn- War, about this proposed constitu- the statutory authority now needed by ing is a despicable and reprehensible tional amendment. I thank him for the FDA to regulate tobacco products. act. We all agree that it is. The issue is having answered the call and for add- I hope that we will vote on the scores whether we should amend the Constitu- ing his powerful voice to this debate. of judicial nominations sent to us by tion of the United States, with all the He wrote me the following: the President to fill the 77 vacancies risks that entails, and narrow the pre- We are rightfully outraged when anyone plaguing the federal courts and our cious freedoms ensured by the First attacks or desecrates our flag. Few Ameri- system of justice; and I hope that we Amendment for the first time in our cans do such things and when they do they will make progress on the many other history, so that the Federal Govern- are subject to the rightful condemnation of matters that have been sidetracked by ment can prosecute the tiny handful of their fellow citizens. They may be destroying the majority. Americans who show contempt for the a piece of cloth, but they do no damage to My friends on the Republican side of flag. Such a monumental step is un- our system of freedom which tolerates such desecration. the Senate control the schedule. They warranted and unwise. If they are destroying a flag that belongs set the priorities. But I hope they real- Proponents of the constitutional to someone else, that’s a prosecutable crime. ize that these are priorities of the amendment note the views of distin- If it is a flag they own, I really don’t want to American people and will allow us to guished American veterans and war he- amend the Constitution to prosecute some- vote on them. roes who have expressed their love of one for foolishly desecrating their own prop- Mr. President, on the proposed con- the flag and support for the amend- erty. We should condemn them and pity stitutional amendment we are debat- them instead. ment. Those who fought and sacrificed I understand how strongly so many of my ing, I note that the minority views in for our country deserve our respect and fellow veterans and citizens feel about the the committee report extend over 30 admiration. I remember very much the flag and I understand the powerful sentiment pages, yet we are asked to limit the de- letters that came back from my uncle in state legislatures for such an amendment. bate on the proposal to 2 hours. Nobody in World War II, and other friends and I feel the same sense of outrage. But I step wants to filibuster a proposal. But if neighbors in subsequent wars. back from amending the Constitution to re- we are going to amend the Constitu- They know the costs as well as the lieve that outrage. The First Amendment ex- tion, especially if we are going to joys of freedom and democracy. Their ists to insure that freedom of speech and ex- pression applies not just to that with which amend the first amendment, and espe- sacrifices are lessons for us all in what we agree or disagree, but also that which we cially if we are going to amend the Bill it means to love and honor our flag and find outrageous. of Rights for the first time in over 200 the country and the principles for I would not amend that great shield of de- years, I think the American people de- which our flag stands. On this question mocracy to hammer a few miscreants. The serve more than a couple of hours of of amending our Constitution, some flag will still be flying proudly long after chitchat and quorum calls to discuss would like to portray the views of vet- they have slunk away. what we are going to do. erans as being monolithic, when in fact Mr. President, I ask for unanimous I look forward to hearing from Sen- many outstanding veterans oppose the consent to have the full text of General ator FEINGOLD, the ranking member of amendment. Powell’s letter printed in the RECORD. the Constitution Subcommittee. I look Above all, these veterans believe that There being no objection, the letter forward to hearing from Senator BOB they fought for the freedoms and prin- was ordered to be printed in the KERREY, the only Congressional Medal ciples that make this country great, RECORD, as follows: of Honor recipient among us; or Sen- not just the symbols of those freedoms. GEN. COLIN L. POWELL, USA (RET), ator ROBB, of Virginia, who is a deco- To weaken the nation’s freedoms in Alexandria, VA, May 18, 1999. rated veteran and distinguished Sen- order to protect a particular symbol Hon. PATRICK LEAHY, ator; and, of course, the constitutional U.S. Senate, would trivialize and minimize their Washington, DC. sage of the Senate, the senior Senator service. DEAR SENATOR LEAHY: Thank you for your from West Virginia, Mr. ROBERT C. Last year, we were honored to have recent letter asking my views on the pro- BYRD. former Senator John Glenn, my dear posed flag protection amendment.

VerDate 20-MAR-2000 02:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.030 pfrm01 PsN: S28PT1 S1786 CONGRESSIONAL RECORD — SENATE March 28, 2000 I love our flag, our Constitution and our fore me would be for naught, if an amend- be not more, but less worthy of respect country with a love that has no bounds. I de- ment were added to the Constitution that and love. He said: ‘‘We cannot mandate fended all three for 35 years as a soldier and cut back on our First Amendment rights for respect and pride in the flag. In fact, in was willing to give my life in their defense. the first time in the history of our great na- my view taking steps to require citi- Americans revere their flag as a symbol of tion. the Nation. Indeed, it is because of that rev- I love this country, its people and what it zens to respect the flag, sullies its sig- erence that the amendment is under consid- stands for. The last thing I want to give the nificance and symbolism.’’ eration. Few countries in the world would future generations are fewer rights than I James Warner, a decorated Marine think of amending their Constitution for the was privileged to have. My family and I flyer who was a prisoner of war of the purpose of protecting such a symbol. served and fought for others to have such We are rightfully outraged when anyone freedoms and I am opposed to any actions North Vietnamese for six years, has attacks or desecrates our flag. Few Ameri- which would restrict my children and their made this point in graphic terms. He cans do such things and when they do they children from having the same freedoms I wrote: are subject to the rightful condemnation of enjoy. I remember one interrogation where I was their fellow citizens. They may be destroying Many thoughtful and patriotic vet- a piece of cloth, but they do no damage to shown a photograph of some Americans pro- our system of freedom which tolerates such erans object to this attempt to legis- testing the war by burning a flag. ‘‘There,’’ desecration. late patriotism. Those who testified be- the officer said. ‘‘People in your country pro- If they are destroying a flag that belongs fore the Committee did not have to test against your cause. That proves that to someone else, that’s a prosecutable crime. prove their patriotism. They are auto- you are wrong.’’ If it is a flag they own, I really don’t want to matically, by their service to this ‘‘No.’’ I said, ‘‘that proves that I am right. amend the Constitution to prosecute some- country, true patriots. They spoke in In my country we are not afraid of freedom, one for foolishly desecrating their own prop- eloquent terms about the importance even if it means that people disagree with erty. We should condemn them and pity of respect and love for country coming us.’’ The officer was on his feet in an instant, them instead. his face purple with rage. He smashed his fist I understand how strongly so many of my from the heart of a citizen or a soldier, onto the table and screamed at me to shut fellow veterans and citizens feel about the not being imposed from without by the up. While he was ranting I was astonished to flag and I understand the powerful sentiment government. see pain, compounded by fear, in his eyes. I in state legislatures for such an amendment. I have thought so many times when I have never forgotten that look, nor have I I feel the same sense of outrage. But I step have been in countries where dictators forgotten the satisfaction I felt at using his back from amending the Constitution to re- rule to be able to say to them, do you tool, the picture of the burning flag, against lieve that outrage. The First Amendment ex- have laws that require everybody to re- him . . . ists to insure that freedom of speech and ex- pression applies not just to that with which spect the symbols of your country, and We don’t need to amend the Constitution we agree or disagree, but also that which we they say, of course we have laws and in order to punish those who burn our flag. find outrageous. we will prosecute anybody who doesn’t They burn the flag because they hate Amer- I would not amend that great shield of de- obey the laws and respect the symbols ica and they are afraid of freedom. What bet- mocracy to hammer a few miscreants. The of our country. ter way to hurt them than with the subver- flag will still be flying proudly long after sive idea of freedom? . . . Don’t be afraid of I say, we are better in our country. freedom, it is the best weapon we have. they have slunk away. We don’t need the laws. We are a na- Finally, I shudder to think of the legal mo- rass we will create trying to implement the tion of a quarter of a billion people and Mr. President, I ask for unanimous body of law that will emerge from such an our people respect the symbols of this consent to have the James Warner edi- amendment. great nation and what it stands for, torial printed in the RECORD. If I were a Member of Congress, I would not without having to have the ‘‘flag po- There being no objection, the mate- vote for the proposed amendment and would lice’’ on the corner, without having to fully understand and respect the views of rial was ordered to be printed in the have laws passed by Congress. They do RECORD, as follows: those who would. For or against, we all love it because they honor those symbols. our flag with equal devotion. For the same reason, my family and WHEN THEY BURNED THE FLAG BACK HOME— Sincerely, THOUGHTS OF A FORMER POW COLIN L. POWELL. I fly the flag proudly at our home in Mr. LEAHY. Gary May lost both his Vermont. We know it is protected by (By James H. Warner) legs while serving this country in Viet- the people of Vermont. We also know that it would probably be a very foolish In March of 1973, when we were released nam. He spoke about how he felt and from a prisoner of war camp in North Viet- why he did not feel that we should thing for anybody to step foot on the nam, we were flown to Clark Air Force base amend the Constitution on this point: property to do any damage to that flag. in the Philippines. As I stepped out of the But we don’t have to worry about it. I am offended when I see the flag burned or aircraft I looked up and saw the flag. I treated disrespectfully. As offensive and People drive by, smile and wave. They caught my breath, then, as tears filled my painful as this is, I still believe that those know what a proud symbol it is and eyes, I saluted it. I never loved my country dissenting voices need to be heard. This how proudly we fly the flag. more than at that moment. Although I have country is unique and special because the I remember what Senator BOB received the Silver Star Medal and two Pur- ple Hearts, they were nothing compared with minority, the unpopular, the dissenters and KERREY, the only recipient of the Con- the downtrodden, also have a voice and are the gratitude I felt then for having been al- gressional Medal of Honor currently lowed to serve the cause of freedom. allowed to be heard in whatever way they serving in the United States Congress, choose to express themselves that does not said last year: ‘‘Real patriotism cannot Because the mere sight of the flag meant harm others. The freedom of expression, even so much to me when I saw it for the first be coerced. It must be a voluntary, un- when it hurts, is the truest test of our dedi- time after 51⁄2 years, it hurts me to see other cation to the belief that we have that right selfish, brave act to sacrifice for oth- Americans willfully desecrate it. But I have ... ers.’’ Senator KERREY reminded us that been in a Communist prison where I looked Freedom is what makes the United States in this country we believe that ‘‘it is into the pit of hell. I cannot compromise on of America strong and great, and freedom, the right to speak the unpopular and freedom. It hurts to see the flag burned, but including the right to dissent, is what has objectionable that needs the most pro- I part company with those who want to pun- kept our democracy going for more than 200 tecting by our government.’’ Speaking ish the flag burners. Let me explain myself. years. And it is freedom that will continue Early in the imprisonment the Com- to keep it strong for my children and the specifically of the act of flag burning, munists told us that we did not have to stay children of all the people like my father, late he added: ‘‘Patriotism calls upon us to there. If we would only admit we were father in law, grandfather, brother, me, and be brave enough to endure and with- wrong, if we would only apologize, we could others like us who served honorably and stand such an act—to tolerate the in- be released early. If we did not, we would be proudly for freedom. tolerable.’’ punished. A handful accepted, most did not. The pride and honor we feel is not in the The late John Chafee, a distinguished flag per se. It’s in the principles that it In our minds, early release under those con- member of this body and a highly deco- ditions would amount to a betrayal, of our stands for and the people who have defended rated veteran of World War II and them. My pride and admiration is in our comrades of our country and of our flag. country, its people and its fundamental prin- Korea, pointed out that just as forced Because we would not say the words they ciples. I am grateful for the many heroes of patriotism is far less significant than wanted us to say, they made our lives our country and especially those in my fam- voluntary patriotism, a symbol of that wretched. Most of us were tortured, and ily. All the sacrifices of those who went be- patriotism that is protected by law will some of my comrades died. I was tortured for

VerDate 20-MAR-2000 02:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.010 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1787 most of the summer of 1969. I developed beri- treating from the principles that the flag Senator HOLLINGS and I have been beri from malnutrition. I had long bouts of stands for. And that will do more damage to the principal cosponsors of this provi- dysentery. I was infested with intestinal the fabric of our nation than 1,000 torched sion since 1988. It is denominated as a flags could ever do. . . . History and future parasites. I spent 13 months in solitary con- constitutional amendment, but, in finement. Was our cause worth all of this? generations will judge us harshly, as they Yes, it was worth all this and more. should, if we permit those who would defile fact, it is not a constitutional amend- Rose Wilder Lane, in her magnificent book our flag to hoodwink us into also defiling our ment, but instead it is a provision ‘‘The Discovery of Freedom,’’ said there are Constitution. which would alter the opinion of the two fundamental truths that men must know We should not adopt a proposal that Supreme Court of the United States in in order to be free. They must know that all will whittle away at the first amend- Buckley v. Valeo which says that men are brothers, and they must know that ment for the first time in our history. money was equated with speech. I be- all men are born free. Once men accept these We act here as stewards of the Con- lieve that to be an incorrect constitu- two ideas, they will never accept bondage. tional interpretation, as do 209 profes- The power of these ideas explains why it was stitution, guardians and trustees of a illegal to teach slaves to read. precious legacy. The truly precious sors of law who have submitted a state- One can teach these ideas, even in a Com- part of that legacy does not lie in out- ment urging the overruling of Buckley munist prison camp. Marxists believe that ward things—in monuments or statues v. Valeo. ideas are merely the product of material or flags. All that those tangible things Since the Supreme Court of the conditions; change those material condi- can do is remind us of what is pre- United States is not about to do that, tions, and one will change the ideas they cious—our liberty. the only recourse is to follow the pro- produce. They tried to ‘‘re-educate’’ us. If we Our Constitution guards our free- cedure today on what is denominated a could show them that we would not abandon doms and the first amendment is the constitutional amendment, but it is our belief in fundamental principles, then we could prove the falseness of their doctrine. marble of our democracy; it is the bed- not a constitutional amendment be- We could subvert them by teaching them rock of our rights and constitutional cause there is nothing in the first about freedom through our example. We protections. It guarantees the freedom amendment which says speech is could show them the power of ideas. of religion—the freedom to practice a money. That is not in the first amend- I did not appreciate this power before I was religion or not to practice a religion, as ment. The first amendment guarantees a prisoner of war. I remember one interroga- you believe. It guarantees our freedom freedom of speech, and an opinion by a tion where I was shown a photograph of some of speech. By doing that, it guarantees majority of the Supreme Court of the Americans protesting the war by burning a diversity. If you guarantee diversity, United States in Buckley v. Valeo has flag. ‘‘There,’’ the officer said. ‘‘People in you guarantee democracy. Our bill of your country protest against your cause. made that interpretation. That proves that you are wrong.’’ rights has been doing that for over 200 Just as in the flag-burning case, ‘‘No,’’ I said. ‘‘That proves that I am right. years. We are the envy of the world be- there is nothing in the first amend- In my country we are not afraid of freedom, cause of the way we protect our free- ment which says freedom of speech in- even if it means that people disagree with doms. cludes the right to burn an American us.’’ The office was on his feet in an instant, Look at all the other countries, flag. But in a 5–4 decision, the Supreme his face purple with rage. He smashed his fist countries that have not achieved and Court handed down that interpreta- onto the table and screamed at me to shut will not achieve greatness because they tion. It is important to note, as a mat- up. While he was ranting I was astonished to stifle dissent, because they do not see pain, compounded by fear, in his eyes. I ter of constitutional law, what the Su- allow freedom of expression. preme Court says is denominated as have never forgotten that look, nor have I If, God forbid, some natural disaster forgotten the satisfaction I felt at using his the opinion of the Court. If any effort tool, the picture of the burning flag, against or terrorist act swept away all the were to be made to change the lan- him. monuments of this country, the Repub- guage of the first amendment, I would Aneurin Bevan, former official of the Brit- lic would survive just as strong as ever. strenuously oppose any such effort. ish Labor Party, was once asked by Nikita But if some failure of our souls were to But the provision to allow Congress Khrushchev how the British definition of de- sweep away the ideals of Washington, and State legislatures to control cam- mocracy differed from the Soviet view. Jefferson and Lincoln, then not all the paign contributions and expenditures Bevan responded, forcefully, that if Khru- stone, not all the marble, not all the shchev really wanted to know the difference, does not do that. flags in the world would restore our On a purely personal note, this deci- he should read the funeral oration of Peri- greatness. Instead, they would be cles. sion had special significance for me on In that speech, recorded in the Second mocking reminders of what we had January 30, 1976, the day it was handed Book of Thucydides’ ‘‘History of the lost. down, because at that time I was in the Peloponnesian War,’’ Pericles contrasted I trust this Senate will uphold the middle of a campaign for the Repub- Constitution and the first amendment. democratic Athens with totalitarian Sparta. lican nomination to the Senate for the Unlike the Sparatans, he said, the Athenians I trust this Senate will uphold the les- Commonwealth of Pennsylvania. When did not fear freedom. Rather, they viewed sons of history. I trust this Senate will the campaign started in the fall of 1975, freedom as the very source of their strength. tell the founders of this Nation, when the campaign finance law of 1974 gov- As it was for Athens, so it is for America— they wrote the bill of rights, they gave erned, which limited the contributions our freedom is not to be feared, for our free- us a precious gift that we would hold dom is our strength. of an individual for his own candidacy unchanged throughout our lives and We don’t need to amend the Constitution to $35,000, which was about the size of the lives of our children and the lives in order to punish those who burn our flag. my bank account. of our grandchildren, because that is What better way to hurt them than with the My opponent in the campaign was the way we honor our country. subversive idea of freedom? Spread freedom. Congressman John Heinz. On January The flag in Dallas was burned to protest the That is the way we honor the sac- nomination of Ronald Reagan, and he told us rifices of so many millions who pro- 30, the Supreme Court said that any in- how to spread the idea of freedom when he tected our freedoms throughout the dividual can spend whatever he chose, said that we should turn American into ‘‘a years. millions if he chose, and John did. That city shining on a hill, a light to all nations.’’ Mr. President, do I still have time? was the balance of the election. Don’t be afraid of freedom, it is the best The PRESIDING OFFICER. Twelve At the same time, the Supreme Court weapon we have. seconds. said that my brother, Morton Specter, Mr. LEAHY. Those of us who oppose The Chair recognizes the Senator who had the financial ability to finance the constitutional amendment con- from Pennsylvania. my campaign—not in the Heinz style, cerning flag protests understand that Mr. SPECTER. I thank the Chair. perhaps, but adequately—was limited the political pressure for this amend- Mr. President, I have sought recogni- to $1,000 which was provided for in the ment is strong, but our hope is that the tion to comment on the amendment, law. The question, I think not illogi- Senate will in the end heed the wisdom whose principal sponsor is the Senator cally, came to my mind: What was the of John Glenn, when he urged us to re- from South Carolina, Mr. HOLLINGS, difference between John Heinz’s money ject the amendment: which would authorize the Congress and Morton Specter’s money? But that There is only one way to weaken the fabric and State legislatures to limit cam- is what the Supreme Court said, and of our country, and it is not through a few paign contributions and campaign ex- they said it in a very curious way. misguided souls burning our flag. It is by re- penditures. They said:

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.011 pfrm01 PsN: S28PT1 S1788 CONGRESSIONAL RECORD — SENATE March 28, 2000 In order to preserve the provisions against all of my constituents who attended Prof. Francis A. Allen, Huber C. Hurst invalidation on vagueness grounds— the town meetings. But I think that is Eminent Scholar Emeritus, University of They cite the statute— a very practical answer to those who Florida, College´ of´ Law. ´ Prof. Jose Julian Alvarez Gonzalez, Pro- it must be construed to apply only to ex- complain about access. fessor of Law, University of Puerto Rico penditures for communications that express If Senators go to the county seat to School of Law. in terms that advocate the election or defeat be in the proximity of their constitu- Prof. Howard C. Anawalt, Professor of Law, of a clearly identified candidate for Federal ents and let their constituents know by Santa Clara University School of Law. office. a postcard that the Senator will be Prof. Claudia Angelos, Professor of Clinical They then drop to a footnote: present at a given time, a given place Law, New York University School of Law. Prof. Ellen P. April, Professor of Law, Loy- . . . which required language such as ‘‘vote to answer their questions, then I think ola University School of Law. for,’’ ‘‘elect,’’ ‘‘support,’’ ‘‘cast your ballot that kind of a guarantee of access Prof. Peter Arenella, Professor of Law, for,’’ ‘‘Smith for Congress,’’ ‘‘vote against,’’ would answer a great many skeptical UCLA School of Law. ‘‘defeat and reject.’’ comments about fundraisers and the Prof. Robert Aronson, Professor of Law, That has led to the very extraor- purchase of access. University of Washington School of Law. dinary so-called issue advertisements, That is why I am proposing legisla- Prof. Gerald G. Ashdown, Professor of Law, which are not controllable, where they tion which would permit a Senator to West Virginia University College of Law. are bought by soft money. Listen to a Prof. Gordon E. Baker, Professor Emeritus supplement his mailing budget for one of Political Science, University of California couple of illustrative issue advertise- postcard, once a year, to each con- ments in the 1996 campaign for Presi- at Santa Barbara. stituent in each county, providing the Prof. Thomas E. Baker, James Madison dent Clinton in the summer of 1996, Senator personally appears at that Chair in Constitutional Law and Director of which ultimately tipped the scales: event. the Constitutional Law Resource Center, ‘‘American values,’’ ‘‘do our duty to The reality is, many Senators do not Drake University Law School. our parents,’’ ‘‘President Clinton pro- undertake town meetings anymore be- Prof. Fletcher N. Baldwin, Jr., S.D. Dell tects Medicare,’’ ‘‘the Dole-Gingrich Research Scholar & Professor of Law, Uni- cause they are very rough, tough af- versity of Florida, College of Law. budget tried to cut Medicare $270 bil- fairs where people come in—may the lion,’’ ‘‘protect families,’’ ‘‘President Prof. William C. Banks, Professor of Law, RECORD show a smile on the face of the Syracuse University College of Law. Clinton cut taxes for millions of work- Presiding Officer, the distinguished Prof. Loftus E. Becker, Jr., Professor of ing families,’’ ‘‘the Dole-Gingrich Senator from Wyoming—they are Law, University of Connecticut School of budget tried to raise taxes on 8 million rough, tough affairs. Law. of them,’’ ‘‘opportunity,’’ ‘‘President I think the cost would probably be Prof. Patricia A. Behlar, Associate Pro- Clinton proposes tax breaks for tui- fessor of Social Science, Pittsburg State fairly low because I think relatively University. tion,’’ ‘‘the Dole-Gingrich budget tried few Senators would avail themselves of to slash college scholarships,’’ ‘‘only Prof. Robert W. Benson, Professor of Law, that opportunity. Loyola University School of Law. President Clinton’s plan meets our In conclusion, let me remind my col- Prof. Gary L. Blasi, Professor of Law, challenges, protects our values.’’ leagues that what Senator HOLLINGS UCLA School of Law. That is curiously, insanely cat- and I are proposing does not change the Prof. Vincent A. Blasi, David Lurton egorized not as an advocacy advertise- language of the first amendment, but Massee, Jr. Professor of Law, University of ment, but only an issue ad. But what Virginia School of Law. instead it substitutes our judgment for Prof. Henry J. Bourguignon, Professor of quality is there in the English lan- the judgment of the Court on what is guage which could more emphatically Law & Distinguished University Professor, an opinion of the interpretation of the University of Toledo College of Law. say: Elect President Clinton, defeat Constitution’s first amendment. Prof. Craig M. Bradley, James Louis Senator Dole? I ask unanimous consent that a list Calamaras Professor of Law, Indiana Univer- That is the consequence when mil- of the 209 scholars calling for the rever- sity School of Law, Bloomington. lions of dollars are poured into cam- sal of Buckley be printed in the Prof. Mark E. Brandon, Assistant Professor of Political Science, University of Michigan. paigns in soft money, unregulated RECORD and that the bill for postal under the decision of the Supreme Prof. Daan Braveman, Dean & Professor of mailings also be printed in the RECORD. Law, Syracuse University College of Law. Court in Buckley v. Valeo. There being no objection, the mate- Prof. Richard A. Brisbin, Jr., Associate I note one very important factor: rial was ordered to be printed in the Professor of Political Science, West Virginia That the consequence of this provision, RECORD, as follows: University. denominated as an amendment, is not Prof. Judith Olans Brown, Professor of STATEMENT IN SUPPORT OF OVERTURNING Law, Northeastern University School of to put into effect any specific reforms, BUCKLEY V. VALEO but only to give the Congress of the Law. (This statement was organized jointly by: Prof. G. Sidney Buchanan, Baker & Botts United States the authority constitu- Brennan Center for Justice at NYU School tionally to do so. This does not say Professor of Law, University of Houston Law of Law, National Voting Rights Institute, Center. what corporations can do, what unions U.S. Public Interest Research Group) Prof. Thomas D. Buckley, Professor of can do, what individuals can do. It says In its 1976 decision, Buckley v. Valeo, the Law, Cleveland State University, Cleveland- only that the constraint of Buckley v. Supreme Court of the United States held Marshall College of Law. Valeo, the opinion of Justices in a split that mandatory campaign spending limits Prof. Sarah E. Burns, Professor of Clinical Court, will not preclude Congress from are an unconstitutional denial of free speech. Law, New York University School of Law. acting on the very important item of We believe that the Buckely decision Prof. William G. Buss, O.K. Patton Pro- having democracy prevail in elections. should be overturned. The decision over- fessor of Law, University of Iowa College of Law. It is totally antithetical, in my opin- stated the extent to which reasonable limits on campaign expenditures impinge on free Prof. Richard M. Buxbaum, Jackson H. ion, to have money equated with power speech. The Court also underestimated the Ralston Professor & Dean, International & in a democracy. It subverts the prin- corrosive effect of unlimited campaign ex- Area Studies, University of California at ciple of one man-one woman equals to penditures on the integrity of our political Berkeley School of Law. one vote if power is equal to money and process. Prof. Bert C. Buzan, Professor of Political the rich can dominate the electoral We the undersigned call for the reconsider- Science, California State University, Ful- process. ation and overturning of the Buckley deci- lerton. sion. Prof. Paulette M. Caldwell, Professor of I do not believe that Members of the Law, New York University School of Law. House and Senate sell their votes, al- 209 SCHOLARS OPPOSING BUCKLEY V. VALEO Prof. Lief H. Carter, McHugh Family Dis- though there is a widespread percep- Prof. Lee A. Albert, Professor of Law, tinguished Professor, The Colorado College. tion of that kind of corruption. SUNY at Buffalo School of Law. Prof. Paul G. Chevigny, Professor of Law, There is a problem of access which I Prof. George J. Alexander, Elizabeth H. & New York University School of Law. try to deal with by holding town meet- John A. Sutro Professor & Director, Insti- Prof. Robert N. Clinton, Wiley B. Rutledge tute of International & Comparative Law, Professor, University of Iowa College of Law. ings in the 67 counties in Pennsylvania. Santa Clara University School of Law. Prof. Joshua Cohen, Arthur & Ruth Sloan On recent economies where the budgets Prof. Dean Alfange, Jr., Professor of Polit- Professor of Political Science & Professor of of Senators are limited as to mailing, ical Science, University of Massachusetts at Philosophy, Massachusetts Institute of Tech- it has not been possible for me to mail Amherst, Political Science Dept. nology.

VerDate 20-MAR-2000 00:51 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.035 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1789 Prof. William Cohen, C. Wendell & Edith Prof. James M. Glaser, Associate Professor Prof. Milton R. Konvitz, Professor Emer- M. Carlsmith, Professor of Law, Stanford of Political Science, Tufts University. itus of Law, Cornell Law School. Law School. Prof. Alvin L. Goldman, Dorothy Salmon Prof. J. Morgan Kousser, Professor of His- Prof. Charles D. Cole, Lucille Beeson Pro- Professor, University of Kentucky College of tory & Social Science, Caltech—Division of fessor, Cumberland School of Law of Law. the Humanities & Social Sciences. Samford University. Prof. Roger L. Goldman, Professor of Law, Prof. Paul M. Kurtz, J. Alton Hosch Pro- Prof. C. Michael Comiskey, Associate Pro- St. Louis University School of Law. fessor & Associate Dean, University of Geor- fessor of Political Science, Penn State, Fay- Prof. Sheldon Goldman, Professor of Polit- gia School of Law. ette Campus. ical Science, University of Massachusetts at Prof. James A. Kushner, Professor of Law, Prof. Robert A. Dahl, Sterling Professor Amherst, Political Science Dept. Southwestern University School of Law. Emeritus of Political Science, Yale Univer- Prof. Leslie F. Goldstein, Unidel Professor Prof. Robert W. Langran, Professor of Po- sity. of Political Science, University of Delaware. litical Science, Villanova University. Prof. David J. Danelski, Mary Lou & Prof. Howard A. Gordon, Professor Emer- Prof. Lewis Henry LaRue, Alumni Pro- George Boone Centennial, Professor Emer- itus, City College of Chicago. fessor of Law, Washington & Lee University itus, Stanford University. Prof. Howard L. Greenberger, Professor of School of Law. Prof. Perry Dane, Professor of Law, Rut- Law, New York University School of Law. Prof. Sylvia Ann Law, Elizabeth K. Dollard gers University School of Law, Camden. Prof. Benjamin Gregg, Assistant Professor Professor of Law, Medicine & Psychology & Prof. George Dargo, Professor of Law, New of Government, University of Texas at Aus- Co-Director, Arthur Garfield Hays Civil Lib- England School of Law. tin. erties Memorial Program, New York Univer- Prof. Derek H. Davis, Director, J.M. Daw- Prof. David L. Gregory, Professor of Law, sity School of Law. son Institute of Church-State Studies, St. John’s University School of Law. Prof. Timothy O. Lenz, Associate Professor Baylor University School of Law. Prof. Martin Guggenheim, Clinical Pro- of Political Science, Florida Atlantic Uni- Prof. Howard E. David, Professor of Polit- fessor & Director, Clinical & Advocacy Pro- versity. ical Science, Randolph-Macon College. grams, New York University School of Law. Prof. Frederick P. Lewis, Professor of Po- Prof. John A. Davis, Professor Emeritus of Prof. Lani Guinier, Professor of Law, Uni- litical Science, University of Massachusetts Political Science, City College of the City versity of Pennsylvania Law School. at Lowell. University of New York. Prof. Samuel O. Gyandoh, Jr., Professor of Prof. Peter Linzer, Law Foundation Pro- Prof. John Denvir, Professor of Law, Uni- Law, Temple University School of Law. fessor of Law, University of Houston Law versity of San Francisco School of Law. Prof. Michael G. Hagen, Associate Pro- Center. Prof. David F. Dickson, Professor of Law, fessor of Government, Harvard University. Prof. Robert Justin Lipkin, Professor of Florida State University College of Law. Prof. Richard L. Hasen, Associate Pro- Law, Widener University School of Law. Prof. Victoria J. Dodd, Professor of Law, fessor of Law, Loyola University School of Prof. Stephen Loffredo, Associate Pro- Suffolk University Law School. Law. fessor of Law, CUNY School of Law. Prof. Jameson W. Doig, Professor, Depart- Prof. Francis H. Heller, Roy A. Roberts Prof. Jim Macdonald, Professor of Law, ment of Politics & Woodrow Wilson School, Professor of Law & Political Science Emer- University of Idaho College of Law. Princeton University. itus, University of Kansas School of Law. Hugh C. Macgill, Dean, University of Con- Prof. Dennis D. Dorin, Professor of Polit- Prof. Helen Hershkoff, Assistant Professor necticut School of Law. ical Science, University of North Carolina at of Law, New York University School of Law. Prof. Holly Maguigan, Professor of Clinical Charlotte. Prof. Richard A. Hesse, Professor of Law, Law, New York University School of Law. Prof. Joan Mahoney, Professor of Law & Prof. Norman Dorsen, Stokes Professor of Franklin Pierce Law Center. Law, New York University School of Law. Prof. Philip B. Heymann, James Barr Ames Dean Emeritus, Western New England Col- Prof. Donald W. Dowd, Professor of Law, Professor of Law, Harvard Law School. lege School of Law. Prof. Karl M. Manheim, Professor of Law, Villanova University School of Law. Prof. Daniel N. Hoffman, Associate Pro- Prof. Rochelle C. Dreyfuss, Professor of Loyola University School of Law. fessor of Political Science, Johnson C. Smith Law & Director of the Engelberg Center on Prof. Clair W. Matz, Professor of Political University. Science, Marshall University. Innovation Law & Policy, New York Univer- Prof. Thomas P. Huff, Lecturer in Law & Prof. Christopher N. May, James P. Brad- sity School of Law. Professor of Philosophy, University of Mon- Prof. J.D. Droddy, Assistant Professor of ley Chair in Constitutional Law, Loyola Uni- tana School of Law. Government, Western Kentucky University. versity School of Law. Prof. Joseph Richard Hurt, Dean & Pro- Prof. Melvyn R. Durchslag, Professor of Prof. William Shepard McAninch, Solomon fessor of Law, Mississippi College School of Law, Case Western Reserve University Law Blatt Professor, University of South Caro- Law. School. lina School of Law. Prof. Stewart M. Jay, Professor of Law, Prof. Ronald M. Dworkin, Frank H. Prof. Wayne McCormack, Professor of Law, University of Washington School of Law. Sommer Professor of Law, New York Univer- University of Utah College of Law. Prof. John Paul Jones, Professor of Law, sity School of Law. Prof. W. Joseph McCoy, Associate Pro- University of Richmond, T. C. Williams, Prof. Peter D. Enrich, Professor of Law, fessor of Public Administration, Marshall School of Law. Northeastern University School of Law. University. Prof. Michael Esler, Assistant Professor of Prof. Ronald Kahn, Monroe Professor of Prof. Patrick C. McGinley, Professor of Political Science, Ohio Wesleyan University. Politics & Law, Oberlin College. Law, West Virginia University College of Prof. Daryl R. Fair, Professor of Political Prof. Stephen Kanter, Professor of Law Law. Science, The College of New Jersey. (Dean 1986–1994), Lewis & Clark North- Prof. Wayne V. McIntosh, Associate Pro- Prof. Antonio Fernos, Professor of Law, western School of Law. fessor of Political Science, Dept. of Govern- Inter American University Law School. Prof. Kenneth L. Karst, David G. Price & ment & Politics, University of Maryland. Prof. Nancy H. Fink, Professor of Law, Dallas P. Price, Professor of Law, UCLA Prof. Evan McKenzie, Assistant Professor Brooklyn Law School. School of Law. of Political Science, University of Illinois at Prof. Edwin B. Firmage, Samuel D. Thur- Prof. Thomas A. Kazee, Professor of Polit- Chicago, Political Science Dept. man Professor of Law, University of Utah ical Science, Davidson College. Prof. Edward A. Mearns, Jr., Professor of College of Law. Prof. Edward Kearny, Professor of Govern- Law, Case Western Reserve University Law Prof. James E. Fleming, Associate Pro- ment, Western Kentucky University. School. fessor of Law, Fordham University School of Prof. Gregory C. Keating, Professor of Prof. Frank I Michelman, Harvard Law Law. Law, University of Southern California Law School. Prof. Edward B. Foley, Associate Professor Center. Hon. Abner J. Mikva, Walter V. Schaefer of Law, The Ohio State University College of Prof. Alan Keenan, Lecturer on Social Fellow in Public Policy & Visiting Professor Law. Studies, Harvard University. of Law, University of Chicago Law School. Prof. W. Ray Forrester, Professor of Law, Prof. Christine Hunter Kellett, Professor of Prof. Mark C. Miller, Associate Professor University of California, Hastings, College of Law, Pennsylvania State University, Dickin- of American Government, Clark University. Law. son School of Law. Prof. Arval A. Morris, Professor of Law, Dean Arthur N. Frakt, Dean, Widener Uni- Prof. Robert B. Kent, Professor of Law University of Washington School of Law. versity School of Law. Emeritus, Cornell Law School. Prof. Kenneth M. Murchison, James E. & Prof. Beatrice S. Frank, Clinical Associate Prof. Mark Kessler, Chair & Professor of Betty M. Phillips Professor, Louisiana State Professor, New York University School of Political Science, Bates College. University Law Center. Law. Prof. Philip C. Kissam, Professor of Law, Prof. Carol Nackenoff, Chair, Department Prof. Paula Galowitz, Professor of Clinical University of Kansas School of Law. of Political Science, Swarthmore College. Law, New York University School of Law. Prof. Robert A. Kocis, Professor of Polit- Prof. James A. R. Nafziger, Thomas B. Prof. Daniel G. Gibbens, Regents’ Professor ical Science, University of Scranton. Stoel Professor of Law, Willamette Univer- of Law, University of Oklahoma College of Prof. Donald P. Kommers, Joseph & Eliza- sity College of Law. Law. beth Robbie Professor of Government & Prof. Thomas Nagel, Professor of Philos- Prof. Stephen Gillers, Professor of Law, International Studies & Professor of Law, ophy & Law, New York University School of New York University School of Law. Notre Dame Law School. Law.

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.036 pfrm01 PsN: S28PT1 S1790 CONGRESSIONAL RECORD — SENATE March 28, 2000 Prof. Sheldon Nahmod, Distinguished Pro- Prof. Jeffrey M. Shaman, Professor of Law, ‘‘(c) In addition to the funds provided for in fessor of Law, Chicago-Kent College of Law. De Paul University College of Law. subsection (b), the amount available to a Prof. John B. Neibel, Professor & John B. Prof. Peter M. Shane, Dean & Professor of Member under subsection (b)(3)(A)(iii) shall Neiber Chair, University of Houston Law Law, University of Pittsburgh School of include an additional amount sufficient to Center. Law. pay the expenses that would be incurred Prof. Burt Neuborne, John Norton Pom- Prof. Sidney A. Shapiro, John M. Rounds mailing 1 letter to each postal address in eroy Professor of Law & Legal Director, Professor, University of Kansas School of each county in the State of that Member Brennan Center for Justice, New York Uni- Law. where the Member holds and personally at- versity School of Law. Prof. Stephen Kent Shaw, Professor of Po- tends a town meeting (not to exceed 1 town Prof. Michael DeHaven Newsom, Associate litical Science, Northwest Nazarene College. meeting per county per year).’’. Dean for Academic Affairs, Howard Univer- Prof. Steven H. Shiffrin, Professor of Law, The PRESIDING OFFICER. The Sen- sity School of Law. Cornell Law School. Prof. Nell Jessup Newton, Professor of Prof. David M. Skover, Professor of Law, ator’s time has expired. Law, American University, Washington, Col- Seattle University School of Law. Mr. HOLLINGS. Mr. President, I lege of Law. Prof. W. David Slawson, Torrey H. Webb think we have 5 more minutes. I yield Prof. Gene R. Nichol, Dean Emeritus & Professor, University of Southern California the time to the distinguished Senator Professor of Law, University of Colorado Law Center. from Pennsylvania. School of Law. Prof. Rogers M. Smith, Professor of Polit- The PRESIDING OFFICER. The Sen- Prof. Harold Norris, Distinguished Pro- ical Science, Yale University. ator from Pennsylvania. fessor Emeritus, Detroit College of Law at Prof. Barbara R. Snyder, Professor of Law, Mr. SPECTER. I thank my distin- The Ohio State University College of Law. Michigan State University. guished colleague from South Carolina. Prof. John E. Nowak, David C. Baum Pro- Dean Aviam Soifer, Dean & Professor of fessor of Law, University of Illinois College Law, Boston College Law School. I think brevity is ideal, and I have said of Law. Prof. Rayman L. Solomon, Associate Dean, what I have to say. I would not oppose Prof. James M. O’Fallon, Frank Nash Pro- Northwestern University School of Law. a constitutional amendment to limit fessor of Law, University of Oregon School of Prof. Frank J. Sorauf, Regents’ Professor Senators’ speeches to 10 minutes gen- Law. Emeritus of Political Science, University of erally. But I thank my colleague from Prof. Marcia O’Kelly, Professor of Law, Minnesota. South Carolina. University of North Dakota School of Law. Prof. Troy M. Stewart, Chair & Professor of Political Science, Marshall University. I thank the Chair and yield the floor. Prof. Daniel R. Ortiz, Professor of Law, The PRESIDING OFFICER. The University of Virginia School of Law. Prof. Marc Stickgold, Professor of Law, Prof. Vernon Valentine Palmer, Thomas Golden Gate University School of Law. Chair recognizes the Senator from Pickles Professor of Law, Tulane University Prof. Peter L. Strauss, Betts Professor of Vermont. School of Law. Law, Columbia University School of Law. Mr. LEAHY. I wish to commend the Prof. Simon D. Perry, Professor of Polit- Prof. Kenneth W. Street, Professor of Po- Senator from Pennsylvania for his ical Science, Marshall University. litical Science, Austin College. comments about town meetings. But I Prof. Daniel H. Pollitt, Kenan Professor Prof. Frank R. Strong, Cary Boshamer Dis- tinguished Professor Emeritus of Law, Uni- hope there are Senators in this body Emeritus of Law, University of North Caro- who will do town meetings. I expect lina School of Law. versity of North Carolina School of Law. Prof. H. Jefferson Powell, Professor of Prof. Allen N. Sultan, Professor of Law, there probably are some. I think they Law, Duke University School of Law. University of Dayton School of Law. are the most advantageous thing we Prof. Albert T. Quick, Dean & Professor of Prof. Cass R. Sunstein, Karl N. Llewellyn could possibly do in rural States like Law, University of Toledo College of Law. Distinguished Professor of Law, University mine and, I think, like the distin- Prof. Jamin Ben Raskin, Professor of Law of Chicago Law School. guished Presiding Officer’s State. I do Prof. Mary Thornberry, Professor of Polit- & Pauline Ruyle, Moore Scholar, American not think either one of us would ever University, Washington College of Law. ical Science, Davidson College. Prof. John Rawls, Professor of Philosophy, Prof. Michael C. Tolley, Associate Pro- come back here if we were not willing Harvard University. fessor of Political Science, Northeastern to do them. I think that is the experi- Prof. Clifford Rechtschaffen, Associate University. ence of most Senators. Professor of Law, Golden Gate University Prof. James W. Torke, Professor of Law, I yield the floor. School of Law. Indiana University School of Law, Indianap- The PRESIDING OFFICER. The Prof. David A. J. Richards, Edwin D. Webb olis. Chair recognizes the Senator from Illi- Professor of Law, New York University Prof. Jon M. Van Dyke, Professor of Law, nois. School of Law. University of Hawaii, William S. Richardson Mr. DURBIN. Mr. President, I ask Prof. Daniel C. Richman, Associate Pro- School of Law. Prof. Kenneth Vinson, Professor of Law, unanimous consent to speak on the fessor of Law, Fordham University School of amendment related to flag burning. Law. Florida State University College of Law. Prof. Cary Rickabaugh, Associate Pro- Prof. Burton D. Wechsler, Alumni Distin- The PRESIDING OFFICER. We have fessor of Political Science, Rhode Island Col- guished Teacher & Professor, American Uni- a unanimous consent agreement that lege. versity, Washington College of Law. actually runs over on the time we are Prof. Joel E. Rogers, Professor of Law & Prof. Eldon D. Wedlock, Jr., David H. allocated. Is the Senator asking unani- Sociology, University of Wisconsin Law Means Professor of Law, University of South mous consent to extend the time? School. Carolina School of Law. Mr. DURBIN. I ask unanimous con- Prof. Rand E. Rosenblatt, Professor of Law Prof. Philip Weinberg, Professor of Law, St. John’s University School of Law. sent to speak for 10 minutes on the flag & Associate Dean, Academic Affairs, Rutgers burning amendment. University School of Law, Camden. Prof. Brian A. Weiner, Assistant Professor Prof. Victor G. Rosenblum, Nathaniel L. of Politics, University of San Francisco. Mr. HOLLINGS. Mr. President, I Nathanson Professor, Northwestern Univer- Prof. Harry H. Wellington, Dean & Pro- have time left. I would be glad to yield sity School of Law. fessor, New York Law School. it to the distinguished Senator from Il- Prof. Albert J. Rosenthal, Dean Emeritus Prof. William E. Westerbeke, Professor of linois. I have no objection to the 10- & Maurice T. Moore, Professor Emeritus of Law, University of Kansas School of Law. Prof. James G. Wilson, Professor of Law, minute request. Law, Columbia University School of Law. Cleveland State University, Cleveland-Mar- The PRESIDING OFFICER. The Sen- Prof. Gregory D. Russell, Director, Crimi- ator has 31⁄2 minutes left. There are nal Justice Program & Associate Professor, shall College of Law. Prof. Louis E. Wolcher, Professor of Law, meetings we have to get to. Washington State University. Mr. DURBIN. Mr. President, it is my Prof. Rosemary C. Salomone, Professor of University of Washington School of Law. Prof. Raymond L. Yasser, Professor of Law, St. John’s University School of Law. understanding we will now go to a Law, University of Tulsa College of Law. Prof. Thomas O. Sargentich, Professor of quorum call rather than to have me Prof. Steven Zeidman, Associate Professor Law, American University, Washington Col- speak for 10 minutes? of Law, New York University School of Law. lege of Law. The PRESIDING OFFICER. The Prof. Thomas M. Scanlon, Harvard Univer- S. — quorum call will be charged against al- sity Philosophy Department. located time. Prof. Douglas D. Scherer, Professor of Law, Be it enacted by the Senate and House of Representatives of the United States of America Mr. HATCH. Mr. President, I ask Touro College, Jacob D. Fuchsberg Law Cen- unanimous consent that we be per- ter. in Congress assembled, Prof. Lawrence Schlam, Professor of Law, SECTION 1. MAIL ALLOWANCES FOR SENATORS. mitted, on our time, to go up to as long Northern Illinois University College of Law. Section 506 of the Supplemental Appropria- as 12:45. Prof. Leo L. Schmolka, Professor of Law, tions Act, 1973 (2 U.S.C. 58) is amended by in- The PRESIDING OFFICER. Is there New York University School of Law. serting after subsection (b) the following: objection?

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.039 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1791 Without objection, it is so ordered. Those of us who want to stand in de- I asked Mr. Lasorda a question when Mr. HATCH. Mr. President, even fense of the Bill of Rights understand it came my turn. I said: As I under- though he is on the other side of this that sometimes our positions are un- stand it, most of the people who jump issue, I yield 10 minutes to the distin- popular and sometimes uncomfortable. out of the stands and run onto the field guished Senator from Illinois. I think back a year ago. Remember, it are not televised. A decision is made by The PRESIDING OFFICER. The Sen- was just a year ago the Columbine the television stations and the manage- ator from Illinois. High School massacre shocked Amer- ment not to put the television cameras Mr. DURBIN. I thank my friend and ica. It stunned us to believe this could on these people who race around the colleague from the State of Utah for happen in a school, that innocent chil- field whenever they do. He said: That is yielding. I am aware of the fact we dis- dren could be mowed down with guns. correct. I said: Why is that? He said: agree on this issue. We have been If the epicenter of this shock was at Because if you give them attention, it friends and are adversaries only on Columbine, it was certainly in the just encourages that kind of activity. I issues without any personal basis. State of Colorado, as well, as they re- said to Mr. Lasorda—and say today in Mr. President, this has become a pe- flected on this violence. debate—what more attention could we rennial issue before the Senate—the Do you recall a few days after the give to these dim-witted clods who question of whether we will amend the Columbine shootings, the National would burn the flag but to amend the Constitution of the United States to, in Rifle Association held its convention in Bill of Rights for the first time in his- fact, somehow ban the desecration of Denver, CO? Those in the surrounding tory? How seldom this occurs, how rep- the American flag. areas came out to peacefully protest rehensible it is, how awful it would be Make no mistake about it, flag burn- and demonstrate against the National for us to respond to this terrible con- ing is an insensitive and shameful act. Rifle Association and its agenda and duct by saying: You have our atten- But the issue before us is not whether its insensitivity to the Columbine High tion. We are going to amend the Bill of we support flag burning but whether we School shootings. Rights. We will show you. Then we will should amend the Constitution, wheth- As much as I might disagree with the see a flood of this kind of activity, I am er we should amend the Bill of Rights agenda of the National Rifle Associa- afraid. for the first time in the history of the tion, I will have to stand here and say Some of the people I respect from United States of America, whether we they had a right to meet. They had a both sides of the aisle have been quoted should narrow the precious freedoms right to meet in Denver, CO, and to ex- during the course of this debate. Gen. ensured by the first amendment for the press their points of view. As reprehen- Colin Powell, former Chairman of the very first time in our Nation’s history. sible and shameful as some might have Joint Chiefs of Staff, no one would When we trace back the origin of this found it, that is a right guaranteed by question his patriotism, whether they flag burning amendment, we find that the first amendment to the Constitu- belong to the American Legion or the it came about as a result of an act by tion. VFW, AMVETS, or any veterans group. an individual during the 1984 Presi- In 1998, in Idaho, white supremacists He opposes this amendment. He wrote dential election campaign in the State obtained a permit for a ‘‘100-man flag a letter to Senator LEAHY in 1999 and of Texas during the Republican Na- parade,’’ and they marched, carrying said: tional Convention. A person went down American flags alongside Nazi banners. there and ignited an American flag, We are rightfully outraged when anyone The owner of a local bookstore in attacks or desecrates our flag. Few Ameri- and ignited the passions of many peo- Coeur D’Alene made a point of keeping cans do such things and when they do they ple who feel very strongly about that his store opened. He observed: ‘‘Nazis are subject to the rightful condemnation of symbol of our Nation. It gave rise to an were burning books in the 1930s, and I their fellow citizens. They may be destroying effort on the floor of the Congress to don’t want them closing stores in the a piece of cloth, but they do no damage to pass a law which would ban this sort of 90s.’’ our system of freedom which tolerates such activity. Efforts were made, overturned To think of it—Old Glory side by side desecration. * * * I would not amend that by the Supreme Court, and then finally with the Nazi banner. great shield of democracy to hammer a few a constitutional amendment was of- I am not certain this amendment miscreants. The flag will still be flying fered. would even touch that activity. I find proudly long after they have slunk away. It is interesting, to me, to put this in that reprehensible; I find that dis- General Powell got it right, a man some context because we are talking gusting. Yet I understand it. That is who has served our country, has put his about first amendment rights—rights what America is all about. The real life on the line in combat like so many of expression, rights of speech—which, test of our belief in the Bill of Rights, other veterans who are quoted in the in fact, are envied around the world. the real test of our belief in freedom of minority views and who understand As nations came out from under the expression is we stand back and say, as they were fighting for something more yoke of communism and were finally much as we disagree and despise every than a piece of cloth. They were fight- given an opportunity to write their word you are saying, you have a right ing for a piece of history, a piece of his- own future, they looked to the United as an American to say it. That is a core tory that goes back over 200 years, States, not to our flag—they had their principle of this democracy. That is a when men—and they were all men— own flag—but to our values. They said: principle that is at issue with the offer- came forward to write this document, The United States is different. The ing of this amendment, this amend- the Constitution of the United States United States respects the rights of in- ment which says: We will separate out and said: We will make certain that no dividuals to express themselves, even one group of Americans who engage in matter what any State or Federal Gov- when it is unpopular. this despised conduct of burning flags, ernment should try to do, we will hold In many of these same countries, it and we will say, we will amend the Bill sacred the rights of an individual for had been against the law, punishable of Rights for the first time in our his- freedom of expression and freedom of by imprisonment, to even question the tory to stop that activity. speech no matter how unpopular it Government, let alone to burn the flag Senator HATCH, last year, before the may be. of the country. But they said: We are Senate Judiciary Committee, invited a I ask my colleagues in the Senate to going to walk away from that totali- man I respect very much, Tommy join us in condemning the action but tarian view of the world. We are going Lasorda, who was a former manager of not in desecrating our Bill of Rights. It to stand for freedom, just like the the Los Angeles Dodgers, who came is a document which has been a source United States of America. and talked about his strong feelings in of pride for many generations. It will One after another, the leaders of support of this amendment. He talked continue to be. these new democracies came here to about a day in the baseball park when Some people say even the word the U.S. Capitol to appear before a someone jumped out of the stands, ‘‘desecration’’ in this amendment is a joint session of Congress and really started to burn a flag, and one of the little hard to follow. What is a physical said, in so many words, their model, other players raced over to grab the desecration of the flag? Well, burning their ideal, their goal, was to follow flag and put out the fire, how proud he it is one illustration, but is it the only our 200-plus year history of the Bill of was that this player—Rick Monday— one? For example, I raised this in com- Rights. would put out the fire of this flag. mittee about 2 years ago. Would we

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.038 pfrm01 PsN: S28PT1 S1792 CONGRESSIONAL RECORD — SENATE March 28, 2000 consider it a desecration of the flag for back the power it had before, that it united bedrock of principle to a genera- someone to use an American flag as a had for 200 years. Where is the logic in tion that is increasingly floating adrift seat cover in their automobile? Some that? Many of these folks who are and alone. Think about it. If we pass might say that is a desecration, sitting going to vote against this amendment this amendment, we will create a de- on the flag. I would ask them to think voted for an anti-flag-desecration stat- bate on values in this country in all 50 twice. Take a trip down to the Lincoln ute back in 1989. If they believe it is States. That alone justifies this Memorial in Washington, DC. Get up free speech today to defecate on the amendment—although I could give close and see Abraham Lincoln, that flag, then why wasn’t it in 1989 when many additional justifications even son of Illinois of whom we are so proud. they voted for that useless statute that better than that. Look very closely at what he is sitting I stood up and said was unconstitu- The disillusioned young people in our on. He is sitting on an American flag. tional and voted against and which society today learn a very negative les- I don’t think that is a desecration. I later was declared to be what I said it son by watching our Government sit think we understand the context is try- would be, unconstitutional? Why didn’t powerlessly as exhibitionists and anar- ing to indicate the importance of this they vote against it if they are so en- chists deface the embodiment of our President. amored with this argument on free sovereignty and our common values. I urge my colleagues in the Senate to speech? What do you think they take away oppose this amendment and yield the But forget the free speech argument. from watching people who dishonor the floor. What about the power of three separate memory of those millions of men and The PRESIDING OFFICER. The Sen- branches of Government? Why should women who have given their lives for ator from Utah. we let the judiciary tell 49 States and the future of America? Allowing dese- Mr. HATCH. Mr. President, I am in- the Congress of the United States we cration of the flag lowers again the trigued by the comments of my col- don’t have any power to protect the na- standards of elemental decency that all league from Illinois. I would like to tional symbol of our sovereignty, of of us must and should live by. This pro- focus all the attention in the world on our patriotism, of our Nation? Any posed amendment affirms that without those who desecrate the American flag. self-respecting Senator would want to some aspirations to national unity, I think it would be a great thing. It stand up for the rights of the Congress, there might be no law, no Constitution, would help everybody in this country especially since this amendment to know how distasteful it is and how no freedoms such as those guaranteed doesn’t say what we have to do. It basi- denigrating to our country it is and by the Bill of Rights. The Bill of Rights cally says we have the right to change how denigrating it is for all those who was never intended to be a license to things. That is what you do with a con- have died for this country following engage in any kind or type of behavior stitutional amendment. the flag, how denigrating it is to every- that one can imagine. Don’t sell this Some opponents of the flag-protec- amendment, and what it stands for, body who served in the military, how tion amendment have argued that we denigrating it is to every schoolchild, short. should be passing more restrictions on If we pass this amendment by the how denigrating it is to people who be- gun ownership rather than debating lieve in values and things that are necessary two-thirds vote, the Senate our constitutional amendment to pro- right. I have no trouble focusing on will say that our symbol of sov- tect the American flag. Give me a somebody who runs on the field burn- ereignty, the embodiment of so many break. Everything is gun amendments ing a flag. I would like to focus on that of our hopes and dreams, can no longer around here. We have 20,000 laws, rules, creep as much as I could. I think if we be dragged through the mud, torn and regulations about guns in this soci- did a little bit more of that, we might asunder, or defecated on. We will say to ety that aren’t even being enforced by find a renewed resurgence of feelings the young people of America that there this administration. While I believe about our country out there. are ideals worth fighting for and pro- To be honest with you, if I interpret there is no shortage of important tecting. There is a reason we are united what the Senator said, he basically issues for the Senate to take up, I be- as Americans, and that our experiment said that people ought to be able to lieve the flag amendment is not only in democracy has proven to be the make their statement. I wonder if he vital to protect our shared values as most enlightened government in his- would be happy to have anybody who Americans, but also that this debate is tory. wants to make a statement in our gal- particularly timely today as we all Can anyone think of a better message lery make any statement they want to strive to recover what is good and de- to send to our young people than to every day that we meet. I think he cent about our country. begin to reclaim the values of liberty, would acknowledge that would disrupt We see evidence of moral decay and a equality, and personal responsibility the workings of the most important lack of standards all around us. Our that Americans have defended and de- legislative body in the world. families are breaking down, our com- bated? There are limitations on everything, munities are being divided, and there The flag amendment is not a distrac- including the first amendment. By the are leaders who are not providing the tion from matters of violence and edu- way, how do you call offensive conduct appropriate moral leadership for the cation and social decay; nor is it an ab- of defecating, urinating on the flag or American public. Our popular culture, dication of responsibility, as it has burning the flag with contempt, how do including movies, television, video been called by some who oppose it. If you call that free speech? The Supreme games, and music, bombards our chil- there has been an abdication of respon- Court apparently has done so, but then, dren with offensive messages of vio- sibility, it has been to defend the irre- again, what we are talking about here, lence and selfishness. The very dis- sponsible notion that the Bill of Rights just look at this amendment. It is a turbing incidents of gun violence—par- exists to allow people to engage in any very simple amendment. It is not tell- ticularly at our public schools—is a type of behavior or conduct that one ing us to do anything about the flag. particular result of a culture that is can imagine. We need more attention What it says is: The Congress shall afraid to teach that certain ideas are to public values and standards, not have the power to prohibit the physical right or wrong. As the saying goes, you less. desecration of the flag of the United have to stand for something, or you I am deeply offended by those who States. My gosh, it doesn’t tell us what will fall for anything. say the Senate has more important to do. It just says we are going to take Today, the Senate has a unique op- things to do than discuss a flag-protec- back this power that we had before this portunity to say that our country, and tion constitutional amendment. I urge other third of the three separate pow- our culture, does stand for something; those of my colleagues who think the ers, the judiciary, took it away from us that on the issue of protecting and Senate is too important for the Amer- and took it away from 49 States, all of safeguarding an incident of national ican flag to listen to the American peo- which have asked us to restore that sovereignty, we stand for something. ple on this issue. I just came from a right to the States and the Federal Today, we can reaffirm that all Ameri- press conference where seven Congres- Government. cans share certain beliefs and values sional Medal of Honor recipients were These people are arguing against an and a respect for this symbol of our na- there praying that the people of this amendment that gives the Congress tional sovereignty. We can give a country will get the Members of the

VerDate 20-MAR-2000 02:20 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.040 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1793 Senate to support this flag amend- is reserved for issues that some law flag. The issue before the Senate today ment. professors think are important, or is how we should deal with that prob- The vast majority of our citizens sup- issues that would crumble the founda- lem. port amending the Constitution to pro- tions of our great Republic. In the late 1980s, the Congress passed tect our Nation’s flag. Even then, this If ‘‘government by the people’’ means a statute designed to prohibit this vile amendment just says it gives the right anything, it means that the people can practice. It was struck down by the Su- to the Congress to do that. To these decide the fundamental questions con- preme Court on First Amendment citizens and elected officials, pro- cerning the checks and balances in our grounds. For the last several years we tecting the flag as the symbol of our Government. The people can choose have had proposals in the Senate to national unity and community and uti- whether it is Congress or the Supreme amend the Bill of Rights in order to lizing the constitutional amendment Court that decides whether flag dese- prohibit flag desecration despite the process to do so is no trivial matter. cration is against the law. First Amendment. However, I think we Sitting in our gallery today are peo- I urge colleagues to think hard about should be very reluctant about amend- ple who put their lives on the line to what they consider to be ‘‘important’’ ing the Bill of Rights. defend our flag and the principles for before they conclude that the Senate Therefore, I have offered the amend- which it stands. These are the fortu- should ignore the people and what they ment which we will be voting on short- nate ones who were not required to think is important and what should be ly. It takes a new a statutory approach make the ultimate sacrifice like my considered important before they con- that I am confident would be upheld by brother was in the Second World War, clude that the Senate should ignore the the Supreme Court. Simply put, my al- and like my brother-in-law was in Viet- people’s desire to make decisions about ternative approach protects the flag by nam. Every one of these people—like the Government which governs them. prohibiting three kinds of desecration. tens of thousands of American families The flag amendment is the very es- First, desecration of the flag that in- across our country—have traded the sence of ‘‘government by the people’’ cites violence or breach the peace. Sec- life of a loved one for a flag, folded at because it reflects the people’s decision ond, desecration of a flag belonging to a funeral. Let’s think about that to give Congress a power that the Su- the United States government. Third, trade—and about the people who made preme Court has taken away. This desecration of a flag stolen from some- it for us—before deciding whether the question is very important. I urge my one else and destroyed on government flag is important enough to be ad- colleagues not to think that this body land. Anyone who engages in any of dressed in the Senate. is above listening to the vast majority this kind of reprehensible behavior Given the great significance of the of citizens of this country who want to would be subject to fines of up to flag, it is not surprising that support give Congress the ability to determine $250,000 and/or imprisoned for up to 2 for the flag amendment is without po- whether and how to protect the Amer- years. I think this is a better approach litical boundaries. It is not, as some ican flag. than tinkering with the Bill of Rights suggest, a battle between conservatives People should not say that there are for the first time in 200 years. on one side and liberals on the other. more important issues than this one. The PRESIDING OFFICER. The Sen- Indeed, the flag amendment transcends This issue involves the very fabric of ator from Utah. all political, racial, religious, and so- our society, what we are all about, and Mr. HATCH. Mr. President, I gen- cioeconomic divisions. This is consist- what our children, we hope, will be all erally support the distinguished Sen- ently reflected in national polling, in about. This issue is very important. ator from Kentucky on all campaign fi- resolutions to Congress from 49 State Anybody who thinks otherwise is nance reform issues because I think he legislatures requesting Congress to trivializing this very important issue is one of the most learned people, if not send the flag amendment to the States and the 80 percent of the American peo- the most learned person in this area for ratification, and in the support of a ple who are strongly for it. The other and on many other occasions. On this bipartisan supermajority of the House 20 percent are not strongly against it; issue I cannot. of Representatives both last year and only a small percentage of those are. I predicted back in 1989 it was uncon- during the 104th Congress. The rest of them just don’t know or stitutional when they passed the stat- Is this overwhelming support for the don’t care. ute, which passed overwhelmingly by a flag amendment, as manifested You should have been with those lot of people who, today, when this through polling and through the ac- seven Congressional Medal of Honor re- amendment is finally voted upon, will tions of State and national legisla- cipients, Miss America, and a whole vote against it. In other words, they tures, frivolity? Are we trivializing the raft of other veterans outside as we passed the statute that would do what Constitution, when a vast majority of talked about why this amendment is this amendment would allow the Con- Americans speaking for themselves or important. gress, if it so chooses to do, to do. through elected representatives seek to Mr. President, I yield the remainder It seemed illogical to me they are un- utilize the article V amendment proc- of my time. willing to do what really has to be done ess, itself constructed by our Founding f because we have had two statutory at- Fathers to right the wrongs of con- tempts to resolve the problem of phys- stitutional misinterpretation? Are we RECESS ical desecration of our beloved Amer- irresponsible if we simply restore the The PRESIDING OFFICER. Under ican flag. Both times I predicted it was law as it existed for two centuries prior the previous order, the Senate stands unconstitutional under the Supreme to two Supreme Court decisions, which in recess until the hour of 2:16 p.m. Court’s decisions, and both times they were 5–4 decisions, hotly contested de- Thereupon, at 12:39 p.m., the Senate were held to be unconstitutional. So a cisions? Does the principle of ‘‘govern- recessed until 2:16 p.m.; whereupon, the statute is not going to do the job. ment by the people’’ end where the Senate reassembled when called to In spite of good intentions, the only self-professed ‘‘experts’’ convince order by the Presiding Officer (Mr. way we can resolve this problem and do themselves that the concerns of the INHOFE). it effectively without taking anybody’s overwhelming majority of ordinary f rights away is to do what we are citizens and their representatives are doing—not passing a constitutional not important? FLAG DESECRATION CONSTITU- amendment that prohibits physical Is the Constitution, which estab- TIONAL AMENDMENT—Resumed desecration of the flag. We are passing lishes processes for its own amend- AMENDMENT NO. 2889 a constitutional amendment that gives ment, wrong? I say it is the Constitu- The PRESIDING OFFICER. We now the Congress a coequal status with the tion which establishes processes for its have 4 minutes equally divided under judiciary, two coequal branches of Gov- own amendment, and it is right. It says the McConnell amendment No. 2889, ernment to have the right to determine that the Constitution will be amended S.J. Res. 14. what to do with regard to the flag. when two-thirds of the Congress and The Senator from Kentucky. That is what we intend to do. three-fourths of the States want to do Mr. MCCONNELL. Mr. President, we I hope our colleagues will vote so. It does not say that this procedure all despise those who desecrate the against this amendment because it

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.043 pfrm01 PsN: S28PT1 S1794 CONGRESSIONAL RECORD — SENATE March 28, 2000 would undermine, of course, the con- Mr. KYL. Mr. President, I rise in sup- The sponsors of the amendment and stitutional amendment. port of S.J. Res. 14, the flag protection the numerous veterans, patriotic, civic, Mrs. BOXER. Mr. President, I rise to constitutional amendment, and to ex- and religious groups have worked hard oppose amending the Constitution of plain, quite briefly, my opposition to to bring the constitutional amendment the United States to outlaw flag burn- Senator MCCONNELL’s statutory sub- to a vote. ing, and I will support the McConnell stitute. In closing, I would like to reaffirm statute to punish flag burners who The McConnell amendment (No. 2889) my support for S.J. Res. 14. I cannot want to incite violence. The flag stands would amend the U.S. Code to establish believe that our Founding Fathers in- for freedom, and so does our Bill of jail terms and fines for (1) damaging a tended ‘‘freedom of expression’’ to en- Rights. I believe that both must be pro- flag ‘‘with the primary purpose and in- compass the willful destruction of our tected. tent to incite or produce imminent vio- national symbol—the symbol of Amer- Colin Powell recently wrote, ‘‘I lence or a breach of the peace,’’ (2) ica that so many of our sons and would not amend that great shield of damaging a flag that belongs to the daughters have given their lives to de- Democracy to hammer a few mis- United States, or (3) damaging a flag fend. creants. The flag will still be flying that belongs to a third party if the Mr. HATCH. Mr. President, I ask for proudly long after they have slunk damage occurs within the ‘‘exclusive or the yeas and nays. away. Finally, I shudder to think of concurrent jurisdiction of the United The PRESIDING OFFICER. Is there a the legal morass we will create in try- States.’’ See Section 3, proposed 18 sufficient second? ing to implement the body of law that U.S.C. 700. There is a sufficient second. will emerge from such an amendment.’’ I oppose the McConnell amendment The question is on agreeing to As our good friend John Glenn, a for three reasons. First, the narrow amendment No. 2889. great Senator, a great astronaut, and a strictures of the amendment would The clerk will call the roll. great Marine, once declared, ‘‘[I]t provide little protection for the flag. The assistant legislative clerk called would be a hollow victory indeed if we For example, the McConnell amend- the roll. preserved the symbol of our freedoms ment would not apply to the very case The result was announced—yeas 36, by chipping away at those fundamental (Texas v. Johnson, 491 U.S. 397 (1989)) in nays 64, as follows: freedoms themselves. Let the flag fully which the Supreme Court struck down [Rollcall Vote No. 45 Leg.] represent all the freedoms spelled out flag protection statutes. In that case, YEAS—36 in the Bill of Rights, not a partial, wa- Gregory Johnson burned a flag that Akaka Durbin Levin tered-down version that alters its pro- had been stolen from a bank. He did Bennett Edwards Lieberman tections.’’ not burn the flag on Federal property; Biden Gorton McConnell We can solve this problem with an be burned it in front of city hall as a Bingaman Graham Mikulski amendment that is identical to a stat- Boxer Harkin Moynihan political protest. Thus, the second and Bryan Inouye Murray ute written by the Senator from Ken- third restrictions of the McConnell Byrd Jeffords Nickles tucky, the Flag Protection Act of 1999. amendment (a ban on destroying flags Chafee, L. Johnson Sarbanes This amendment would protect the Conrad Kerry Schumer stolen from the United States, and a flag of the United States from being de- Daschle Kohl Smith (OR) ban on destroying stolen flags on Fed- Dodd Lautenberg Torricelli stroyed or damaged in certain situa- eral property) would not have applied. Dorgan Leahy Wyden tions. Under this amendment, any per- son who destroys or damages the flag As for the first restriction (a ban on NAYS—64 of the United States with the primary burning a flag when such action could Abraham Fitzgerald Murkowski Allard Frist Reed purpose and intent to incite or produce cause imminent violence or a breach of the peace), it is important to note that Ashcroft Gramm Reid imminent violence or a breach of peace Baucus Grams Robb will receive a stiff fine, imprisonment, the Court in Texas v. Johnson found Bayh Grassley Roberts or both. that unless there was evidence that a Bond Gregg Rockefeller riot ensued or threatened to ensue one Breaux Hagel Roth This amendment also increases the Brownback Hatch Santorum fine and imprisonment penalties for could not protect the flag under the Bunning Helms Sessions damaging a flag belonging to the breach of the peace doctrine. Burns Hollings Shelby United States or damaging a flag on Second, it seems unlikely that the Campbell Hutchinson Smith (NH) amendment would survive scrutiny by Cleland Hutchison Snowe Federal land. Cochran Inhofe Specter I support this amendment because I the U.S. Supreme Court. In response to Collins Kennedy Stevens believe that our flag is the very symbol Texas v. Johnson, Congress quickly en- Coverdell Kerrey Thomas of our liberty, unity, and equality as a acted a facially content-neutral, flag- Craig Kyl Thompson protection statute that it hoped would Crapo Landrieu Thurmond nation—a proud reminder of the de- DeWine Lincoln Voinovich mocracy we hold so dear. But while we pass constitutional muster. See Public Domenici Lott Warner should protect the American flag, we Law 101–131. On June 11, 1990, in United Enzi Lugar Wellstone States v. Eichman (496 U.S. 310 (1990)), Feingold Mack also must remain vigilant in our pro- Feinstein McCain tection of the Constitution. the Supreme Court struck down that This amendment stands on solid con- law. The Court found the following: The amendment (No. 2889) was re- stitutional ground. Although the stat- ‘‘Although the Flag Protection Act jected. ute criminalizes the destruction or contains no explicit content-based lim- AMENDMENT NO. 2890 damaging of the American flag with itation on the scope of prohibited con- The PRESIDING OFFICER. The Sen- the intent to provoke imminent vio- duct, it is nevertheless clear that the ate will now consider amendment No. lence or breach of the peace, Supreme government’s asserted interest is ‘re- 2890 to S.J. Res. 14 offered by Senator Court precedent supports this ap- lated to the suppression of free expres- HOLLINGS. There are 4 minutes equally proach. In Chaplinsky v. New Hamp- sion,’ and concerned with the content divided. shire (1942), the Court upheld the con- of such expression. The Government’s Mr. HOLLINGS. Mr. President, my stitutionality of laws that prohibit ex- interest in protecting the ‘physical in- colleagues all acknowledge the need for pression calculated, and likely to tegrity’ of a privately owned flag rests more and more money each time we cause, a breach of the peace. upon a perceived need to preserve the come up for election or get into polit- So I support this amendment because flag’s status as a symbol of our Nation ical campaigns. it not only protects our American flag, and certain national ideas.’’ Id. at 315– There has been very little discussion but it also preserves the rights and 16. If precedent is an accurate guide, it of the actual chase for that money freedoms established in the United is likely that the Court would reach a which has corrupted the institution. I States Constitution. similar conclusion if it considered the hate to say that. When I got here 33 Today, we have an opportunity to McConnell amendment. years ago, we would come to work, and protect our flag. But just as important, Finally, as one of the 58 Senate spon- Senator Mansfield, the majority lead- we can preserve the constitutional sors of S.J. Res. 14, I want to see that er, would have a vote at 9 o’clock on ideals symbolized by the flag. resolution receive an up-or-down vote. Monday morning. Senator BYRD did the

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.045 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1795 same thing as majority leader. We stitutional. But he seeks to solve the interference. It is about the vision the would work throughout the week up problem with a constitutional amend- Framers of our Constitution enshrined until 5 o’clock on Friday. Now Mon- ment, which I think is best summa- in that most important of documents— days and Fridays are gone. We start on rized in the comment by the Senator a vision that ensures that we in Con- the half day on Tuesdays, and then from Washington, Mr. GORTON, who gress will never compromise our Amer- Wednesdays and Thursdays we all want said this does not amend the first ican birthright to say things and offer a window. amendment with respect to political opinions even when those opinions are There is no window in the Chamber, speech, it repeals it. unpopular or discomforting. But that but there are plenty of windows. You to I don’t want to vote in favor of some- simply is not at issue here, Mr. Presi- have get with the dialog, as they call it thing that could be considered by as dent—absolutely nothing in this up here, and that is for the money careful a scholar as the Senator from amendment will do anything to dimin- chase. We used to have the extended Washington as repealing free speech for ish or threaten any American’s right to Easter break and the Fourth of July, politicians. We have the same rights, I express his or her views about can- but now we have not only January think, that everyone else should have. didates running for office or about any gone, there are 10 days in February, For that reason, I ask my colleagues to problem or issue in American life. March, April, 10 days in May, June, the vote against this amendment. What would be threatened by this July break, August, the month off, and Mr. HATCH. Mr. President, I move to proposed Constitutional amendment, we are supposed to go home and get table and ask for the yeas and nays. Mr. President, is something entirely money. The PRESIDING OFFICER. Is there a different: the ever increasing and dis- If you go to the leader and ask, sufficient second? proportionate power those with money There appears to be a sufficient sec- please call up a bill, it may take 3 or 4 have over our political system. As ev- ond. days, he looks at you as if you are eryone in this chamber knows, the spi- Mr. LIEBERMAN. Mr. President, I loony. Talk about debating, delib- raling costs of running for office re- rise today to explain my vote on Sen- erating—this deliberative body has quire all of us to spend more and more ator HOLLINGS’ proposal to amend the been so corrupted, it can’t deliberate. time raising money and more and more Constitution to allow Congress and the Don’t give me this so-called eviscerate time with those who give it. We are all States to impose reasonable limits on the first amendment. Buckley v. Valeo far too familiar with events or meet- contributions and expenditures made did that. The intent there was that ings with elected officials attended to support or oppose candidates for every mother’s son, anybody of ordi- only by those who could afford to give elected office. In this case, I believe nary means, could offer for the Presi- $5,000 or $10,000 or even $100,000—sums that the high threshold I have estab- dency. What has really happened is of money that are beyond the capacity lished for supporting a constitutional that we have taken away the speech of of the overwhelming majority of Amer- amendment—that it address a signifi- those who are without money. And for icans to give. That, Mr. President, is cant threat to the Republic or some those who are millionaires, they can threatening a principle all of us hold egregious wrong—has been met. buy the office. In fact, it has stood the just as dearly as the principle of free intent on its head whereby, instead of This amendment addresses an unfor- tunate fact whose truth has become speech: the principle of democracy. forbidding the purchase of the office, That sacred principle guides our Re- we have to buy it. You have to get more and more apparent in the past several years: money and the never public—it promises that each person more money. has one vote, and that each and every I hope we will vote for this constitu- ending chase for it are threatening the integrity of our political system and one of us—rich or poor—has an equal tional amendment which is neutral. It right and an equal ability to influence is not pro or con McCain-Feingold or jeopardizing the essence of our democ- racy. Although money has always the workings of our government. As it public financing or whatever it is. It stands now, Mr. President, it is that sa- gives the people a chance to vote. All played a role in American politics, its impact became overwhelming during cred principle that is under attack and you have to do is look to the primaries that sacred principle that promises to we have just gotten through. The peo- the last few election cycles. Political fundraising and spending during the remain under attack unless we do ple are ready, willing, and able to vote something to save it. And that some- and stop this corruption. 1996 campaign was 73 percent greater than during the 1992 campaign, and thing, I submit, is campaign finance re- I thank the Chair. form. The PRESIDING OFFICER. The Sen- there is no reason to believe we won’t ator from Utah has 2 minutes. break that record in 2000. We are all in- I, for one, believe that most of the The Senator from Kentucky. timately familiar with the time and re- campaign finance reform we need can Mr. MCCONNELL. Mr. President, we sources we need to spend to raise that and must be done even without this had this constitutional amendment be- money, and with the numerous ques- Constitutional amendment. The Su- fore us in 1997. It only got 38 votes, and tionable events and actions that were preme Court, after all, has made quite it takes 67 votes to change the con- spurred by the money chase during the clear in its decisions that even under stitution. Frankly, I am surprised it last Presidential election. Most of its view of money as being equivalent even got 38 votes. This amendment those events and actions, I have sadly to speech, the Constitution still allows would essentially repeal a major part concluded, were legal under our cur- Congress to impose restrictions on the of the First Amendment. The Bill of rent campaign finance laws. But that amount that can be contributed to Rights has protected our free speech does not mean they were not wrong. I campaigns and parties. This, in my for over 200 years. We do not need to think they were. By ensuring that we view, means that we have no excuse begin eviscerating it now. will be able to put a limit on the not to act right now to stop the mas- The Washington Post opposes this amount of money spent in political sive soft money contributions that amendment. Common Cause opposes campaigns, this constitutional amend- pose the biggest threat to our system. this amendment. The distinguished ment would help restore a sense of in- It is important that we not use the Senator from Wisconsin, Mr. FEINGOLD, tegrity—and of sanity—to our cam- First Amendment as a shield against and others oppose this amendment. paign finance system and to our de- change because it is clearly constitu- This amendment is simply a very bad mocracy. tional to limit and regulate contribu- idea. Much of the debate over this pro- tions to political campaigns—including I yield the remainder of my time to posed amendment centers on what soft money. the Senator from Utah, Mr. BENNETT. some call its threat to the principle of What it appears we cannot do under Mr. BENNETT. Mr. President, I con- free speech. That, of course, is a prin- the Supreme Court’s rulings is limit gratulate the Senator from South ciple we all hold dear. But I say, Mr. the amount of money we and others Carolina on his honesty in that he rec- President, that free speech is not what spend in the course of campaigns un- ognizes the proposals with respect to is at issue here. Free speech is about less we adopt convoluted legislation campaign finance reform that have the inalienable right all of us have to geared toward complying with the Su- been on this floor are, in fact, uncon- express our views without government preme Court’s view that money is

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.047 pfrm01 PsN: S28PT1 S1796 CONGRESSIONAL RECORD — SENATE March 28, 2000 speech. I think that the need for re- ence with those who get elected. We all great assistance from Senator BENNETT form is so great that it is worth accept- know this is the way it works. And the of Utah. ing convoluted legislation, but I also American people know it, too. This is a red letter day for the first think that we should act now to vote I laud my colleague’s intentions in amendment. The Hollings amendment for this amendment and so ensure that offering this amendment. No one has had only 33 votes in favor of the in the future we will be able to prop- pushed harder on campaign finance re- amendment. As we all know, it takes 67 erly regulate campaign spending, form than the junior Senator from votes to approve an amendment to the thereby controlling the amount of South Carolina. But while I have sup- Constitution. There were 67 votes money spent in American political ported the Hollings amendment in the against this amendment to the Con- campaigns. past, I voted against it today. There is stitution. It is clear that the first Mr. President, nothing less than the now significant momentum at both the amendment is secure for another day, future of our democracy is at stake federal and state levels to enact cam- and I thank my colleagues who made here. Unless we act to reform our cam- paign finance reform—including public that possible. paign finance system, people with financing of elections, which I believe Mr. President, I yield the floor. money will continue to have dispropor- is critical—in a manner that will pass The PRESIDING OFFICER. The Sen- tionate influence in our system, people constitutional muster. These efforts, ator from Alabama. who are not even citizens of the United with hard work and determination, Mr. SHELBY. Mr. President, I ask States will try to use money to influ- have the best chance of resulting in unanimous consent that I may proceed ence our government’s decisions, the meaningful, lasting improvements in in morning business for 10 minutes. American people will continue to lose our election system, and therefore in Mr. LEAHY. Reserving the right to faith in our government’s institutions, our democracy. object, Mr. President. and the genius of our Republic—that it Amending the Constitution is a long The PRESIDING OFFICER. The Sen- is our citizenship, not our pocketbook, and arduous process. It is rarely suc- ator from Vermont. that gives each of us equal power to cessful. I simply do not believe that it Mr. LEAHY. And I shall not. What is play a role in our country’s govern- is now the best mechanism for achiev- the parliamentary situation right now? ance—that genius will be lost. ing reform. The PRESIDING OFFICER. The Sen- Mr. President, it is for that reason The PRESIDING OFFICER. The ate is currently considering S.J. Res. that I have concluded that this is one question is on the motion to table 14. of those rare constitutional amend- amendment No. 2890. The yeas and nays Mr. SHELBY. I ask it be set aside ments that is worth supporting. Our have been ordered. The clerk will call and that I may proceed in morning current campaign finance system poses the roll. business for 10 minutes. an egregious threat to our Democracy. The legislative clerk called the roll. Mr. LEAHY. Again reserving the Big money donations, endless spending The result was announced—yeas 67, right to object, and I will not object, and the proliferation of anonymously- nays 33, as follows: will there be any objection then to, at funded and often inaccurate attack ads [Rollcall Vote No. 46 Leg.] the conclusion of the Senator’s morn- all have had an extraordinarily corro- YEAS—67 ing business speech, we go to the dis- sive and distorting affect on our polit- Abraham Fitzgerald McConnell tinguished Senator from Wisconsin ical system and on the citizenry’s view Akaka Frist Moynihan who has been waiting to speak on the of its role in our Democracy’s deci- Allard Gorton Murkowski amendment which is the pending busi- Ashcroft Gramm Murray sions. I frankly can think of few Bennett Grams Nickles ness? threats to the Republic greater than Bond Grassley Roberts Mr. SHELBY. Absolutely. one that throws into doubt the integ- Brownback Gregg Santorum Mr. WELLSTONE. Mr. President, I rity and well-functioning of our demo- Bunning Hagel Schumer ask my colleague from Vermont, I am Burns Hatch Sessions cratic decision-making process. Campbell Helms Shelby waiting to go to another committee, Mr. WELLSTONE. Mr. President, I Chafee, L. Hutchinson Smith (NH) may I follow the Senator from Wis- rise today to explain my vote against Cochran Hutchison Smith (OR) consin? the Hollings amendment to S.J.Res. 14 Collins Inhofe Snowe Mr. HATCH. Reserving the right to Conrad Jeffords Stevens which would have amended the Con- Coverdell Kennedy Thomas object, is the Senator from Wisconsin stitution to authorize regulation of Craig Kerrey Thompson just going to speak or is he intending contributions to, and spending by, Fed- Crapo Kohl Thurmond to offer an amendment? DeWine Kyl Torricelli eral and State candidates. Domenici Lautenberg Voinovich Mr. FEINGOLD. My intent is simply I am a strong proponent of campaign Dorgan Leahy Warner to speak. finance reform. I would even go so far Edwards Lott Wellstone Mr. HATCH. I have no objection. as to say that I view the fight to bar Enzi Lugar The PRESIDING OFFICER. Without private, interested money from domi- Feingold Mack objection, it is so ordered. The order nating our elections as the core battle NAYS—33 will be the Senator from Alabama for that needs to be won if Congress is Baucus Durbin Lincoln 10 minutes, the Senator from Wis- going to turn its attention to enacting Bayh Feinstein McCain consin, followed by the Senator from Biden Graham Mikulski an agenda that put working families Bingaman Harkin Reed Minnesota. before wealthy, entrenched special in- Boxer Hollings Reid Mr. SHELBY. Mr. President, I thank terests. The campaign finance reform Breaux Inouye Robb the Senator from Vermont for his un- Bryan Johnson Rockefeller derstanding in helping us work this debate may be to the nineties what Byrd Kerry Roth civil rights was to the fifties and six- Cleland Landrieu Sarbanes out, and also the Senator from Utah, ties. In fact, let me go a step further Daschle Levin Specter Mr. HATCH, for his indulgence. and say the campaign finance reform Dodd Lieberman Wyden (The remarks of Mr. SHELBY per- may be the new civil rights watershed. The motion was agreed to. taining to the introduction of S. 2304 I do not believe that money equals The PRESIDING OFFICER (Mr. are located in today’s RECORD under speech, as some of my colleagues have CRAPO). The Senator from Kentucky. ‘‘Statements on Introduced Bills and argued during the debate on the Hol- Mr. MCCONNELL. Mr. President, I Joint Resolutions.’’) lings amendment and in previous de- want to take a moment to thank mem- The PRESIDING OFFICER. The Sen- bates. The vote is undermined by the bers of my staff for their hard work on ator from Wisconsin is recognized. dollar. The vote may be equally dis- the last two amendments: Tam Somer- Mr. FEINGOLD. Mr. President, we in tributed, but dollars are not. As long as ville, staff director of the Rules Com- the Senate speak today to honor the elections are privately financed, those mittee; Hunter Bates, general counsel, American flag, the symbol of our Na- who can afford to give more will al- who works with him; Andrew Siff, tion. Both those who favor and those ways have a leg up—in supporting can- Denise Grant, and Nathan Oman who who oppose the amendment to the Con- didates, in running for office them- have been deeply involved in the last stitution now pending do so. We all, of selves, and in gaining access and influ- two amendments. I appreciate the course, seek to honor the flag.

VerDate 20-MAR-2000 02:08 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.055 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1797 I dare say that there is not a Senator institutions, by not lashing out in Would this amendment permit Con- among us who does not feel goose anger at those who would defile our gress to criminalize making a rug with bumps when first looking up at the flag. a flag on it? Or could Congress crim- dome of the Capitol and seeing our The costs of this amendment would inalize stepping on such a rug? flag. I would wager that no U.S. Sen- exact a far too great a price to pay. More generally, would the amend- ator fails to get a lump in the throat This amendment, if adopted, would ment allow Congress to enact statutes when standing to the strains of the na- criminalize the very acts that the Su- that permit the prosecution of people tional anthem. And I am confident that preme Court has held to be protected based on the views they express when there is none among us whose eyes do by the first amendment. This amend- they defile the flag? Consider two not sometimes mist over when watch- ment would clearly and intentionally cases: In case one, a person smears ing those seven bars of red and six of erode the Bill of Rights. blood on a flag while screaming protest white ripple in the breeze and tug at This amendment would have an un- of U.S. involvement in a foreign war. In the heart. precedented, direct, and adverse effect case two, another person drips blood on But, my colleagues, honoring the flag on the freedoms embodies in the Bill of a flag after suffering an injury at a demands that we here fully and fairly Rights. For the first time in our his- summertime football game. After adop- debate this amendment. Amending the tory, this amendment would employ tion of this amendment, would it be Constitution is an undertaking of the the Constitution and the Bill of constitutional to prosecute the one greatest import. For the Congress to Rights—both premised on the idea of who spoke and not prosecute the other, propose an amendment to the Constitu- limiting the Government—to limit in- who did the same thing without speak- tion of the United States on the basis dividual rights, and, in particular, the ing? of anything less than a full—even an freedom of speech. Here’s another example. My col- exhaustive—debate would show less Our former colleague, Senator John leagues may remember the very excit- than the full respect due to the flag Glenn, said it very well last year. He ing victory of the U.S. Women’s Soccer and the Constitution that it rep- said: team in the Women’s World Cup last resents. Our revered symbol stands for freedom, but year. A thrilling moment for sure, and Honor demands that we view any ef- is not freedom itself. We must not let those tens of thousands of very patriotic fort to amend the Constitution with who revile our way of life trick us into di- Americans cheered the heroic deeds of trepidation. Since the adoption of the minishing our great gift or even take a the women who represented our coun- Bill of Rights in 1791, America has chance of diminishing our freedoms. try. amended its Constitution on only 17 oc- I am very proud to attempt to carry That evening, another soccer game casions. Our Constitution has served on John Glenn’s fight against this ill- was played here in Washington, DC, in- this Nation well and withstood the test advised amendment. The Bill of Rights volving this city’s major league soccer of time, in large part because Congress is too fundamental to our history, too team, D.C. United. Many of the same has resisted the urge to respond to important to our people, and too nec- fans who cheered the U.S. women that every adversity, real or imagined, with essary to our future, for us to do any- afternoon turned out to watch the D.C. a constitutional amendment. We thing else. United soccer team. Some of those should exercise restraint in amending Honoring the flag demands that we fans, seeking to play for the TV cam- this great charter. also question the vagueness of the lan- eras and their fellow fans brought a We honor the American flag because guage of the amendment. Our Constitu- prop, which they unfurled during the we love ‘‘the Republic for which it tion Subcommittee heard testimony game. Here is a picture of it. As you stands.’’ We honor the banner because that the term ‘‘flag of the United can see, it is an actual flag. It is not a we cherish ‘‘one Nation . . . with lib- States,’’ as used in this amendment, is representation or a picture. It is an ac- erty and justice for all.’’ We honor the ‘‘problematic’’ and so ‘‘riddled with tual flag of the United States with the flag because it represents a Constitu- ambiguity’’ as to ‘‘war with the due words ‘‘Thanks Girls!’’ written on it tion, that solemn commitment; and a process norm that the law should warn with some type of chalk or marker. Bill of Rights, that charter of liberty; before it strikes.’’ Even supporters of Obviously the people who defaced unrivaled in the history of humankind. the amendment, including former At- this flag intended no disrespect to the Honor demands that we seek to pro- torney General William Barr, have ac- United States or the flag. They were tect not just the flag, but the prin- knowledged that the term ‘‘flag’’ could excited soccer fans, and probably very ciples in that Constitution and that mean any of a number of different patriotic Americans. I wonder if the Bill of Rights—principles of freedom, things. No one can assure us as to what sponsors of this amendment can be opportunity, and liberty. I believe the term ‘‘flag’’ will mean other than sure of the answer to this question: these principles, as much as our Na- to suggest it will be up to the govern- Would the statute that Congress passes tion’s cherished symbols, frame our ments of particular jurisdictions. to prohibit flag desecration after this history and define our Nation. As dear- How would the amendment affect constitutional amendment is ratified ly as we hold the flag, we must hold flags on T-shirts? How would the allow for these people to be prosecuted? these principles at least as dearly. amendment affect flags on scarfs? In I think it is a fair question. Yes, there have been some handfuls the memorable example given by the I think most of us would hope not. of sociopaths who burn our flag to late and revered Senator John Chafee But how would the police or the pros- thrust a firebrand in our eye. The ques- last year, How would the amendment ecutors make that decision? If they tion before us today is: Will the mis- affect a handmade flag rug? look at the message and the beliefs of guided actions of these few misfits Now the amendment, of course, does the people who have written on the cause us to curtail our fundamental not make anything illegal by itself. It flag, isn’t that exactly the kind of con- principles of freedom? simply gives the Congress the power to tent discrimination that the first We would only grant them victory if prohibit the physical desecration of the amendment is designed to prohibit? Do we allow their despicable acts to goad flag. But the question is still a power- we really want the government exam- us into desecrating the greatest protec- ful one. We must still ask: What kind ining the motives of those who deface tion of individual rights in human his- of statute would this amendment insu- the flag to see if they are patriotic or tory—our Bill of Rights. As Senator late from constitutional attack? well meaning enough to avoid discrimi- BOB KERREY has said: Would this amendment permit Con- nation? Patriotism calls upon us to be brave gress to enact a statute that would I don’t think so. I think that is what enough to endure and withstand such an criminalize wearing a T-shirt with a the first amendment is all about: to act—to tolerate the intolerable. flag on it? Or could Congress crim- protect against Government inquiry Let us show our strength, by not ris- inalize tearing such a T-shirt? into a citizen’s political beliefs. On the ing to the bait. Let us show our brav- Would the amendment permit Con- other hand, if we have a completely ery, by not giving the flag burners gress to criminalize wearing a scarf content-neutral statute and enforce- what they want. Let us show our faith with a flag on it? Or could Congress ment that does not look at the motives in the strength of this country and its criminalize spitting on such a scarf? of those who deface the flag, we might

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.029 pfrm01 PsN: S28PT1 S1798 CONGRESSIONAL RECORD — SENATE March 28, 2000 end up prosecuting the excited and pa- erans, and by war heroes. Those who The PRESIDING OFFICER. The Sen- triotic soccer fans shown in this poster. fought and sacrificed for our country ator from Minnesota. Obviously, I don’t think we want that and its flag deserve our utmost respect Mr. WELLSTONE. Mr. President, I either. when it comes to this flag amendment. thank Senator FEINGOLD for his state- So this example really shows the dif- They know well the costs of freedom ment. I will be relatively brief. ficulties with outlawing desecration of and democracy, as well as the joys. I ask unanimous consent that if the flag. People in this country use the Some would portray the views of vet- other Senators aren’t here, Senator flag to express joy and patriotism as erans as monolithic, but, as our hear- KENNEDY be allowed to speak after my- well as opposition to the Government. ings showed quite plainly: They are self. And the traditions of our country, our not. The PRESIDING OFFICER. Without respect for free political expression, de- Those many veterans who oppose this objection, it is so ordered. mands that we not criminalize conduct amendment do so with conviction and Mr. WELLSTONE. Mr. President, I that we would otherwise accept if it power and strength. They know that no come to the floor not the first time to were motivated by patriotism instead one can question their patriotism or announce my opposition to this pro- of political dissent. love of country. Listen to the words of posed constitutional amendment, giv- Some people call these kinds of ex- Professor Gary May of the University ing power to the Congress and the amples ‘‘wacky hypotheticals.’’ But we of Southern Indiana, who lost both his States to prohibit physical desecration do not have reliable answers to these legs in the Vietnam war, and who testi- of the flag of the United States. questions. And when you are talking fied before the Judiciary Committee I wish to speak about this a little bit about amending the Constitution, you last year. Professor May said: more personally because I think all of have a duty to consider and address Freedom is what makes the United States us come to our point based upon real- hypotheticals. After all, it is not easy of America strong and great, and freedom, life experience. My father was a Jewish to correct a mistaken Constitution. We including the right to dissent, is what has immigrant born in the Ukraine and cannot just, by unanimous consent, kept our democracy going for more than 200 who fled persecution from Russia. My pass a technical corrections bill to fix years. And it is freedom that will continue mother’s family came from the to keep it strong for my children and the Ukraine as well. As a first generation an unintended consequence of a con- children of all the people like my father, late stitutional amendment. father in law, grandfather, brother, me, and American on my father’s side, I revere Let me share another case that I wit- others like us who served honorably and the flag and I am fiercely patriotic. I nessed not far from this Senate Cham- proudly for freedom. love to see the flag flying over the Cap- ber. I was eating dinner at the res- The pride and honor we feel is not in the itol. I love to recite the Pledge of Alle- taurant called ‘‘America’’ over in flag per se. It’s in the principles that it giance to the flag. I think it is a beau- Union Station. We noticed that the stands for and the people who have defended tiful, powerful symbol of American de- menu is colored like a giant American them. My pride and admiration is in our mocracy. country, its people and its fundamental prin- What I learned from my parents more flag. We talked about having to be ciples. I am grateful for the many heroes of careful not to spill anything on it and our country—and especially those in my than anything else, and from my own how damaging our menu might be a family. All the sacrifices of those who went family experience as the son of a Jew- crime under this amendment. Then we before me would be for naught, if an amend- ish immigrant who fled czarist Russia, forgot about it and returned to our ment were added to the Constitution that is that my father came to the United meal. But just a half hour later, there cut back on our first amendment rights for States because of the freedom—the was a big commotion in the corner of the first time in the history of our great Na- freedom we have as American citizens the restaurant, and we turned to see a tion. to express our views openly, without woman frantically trying to put out a The late Senator John Chafee, who as fear of punishment. fire that had started when her over- all will recall also served bravely at I am deeply impressed with the sin- sized American flag menu had gotten Guadalcanal and in the Korean war, cerity of those who, including Senator too close to the small candles on the last year said simply: ‘‘[W]e cannot HATCH, favor this constitutional table. mandate respect and pride in the flag. amendment. I am impressed with the Now I hope that that woman was not In fact, . . . taking steps to require sacrifice and patriotism of those vet- engaged in an angry argument over the citizens to respect the flag, sullies its erans who support this constitutional Government. But I suppose that is significance and symbolism.’’ Senator amendment. I think in the veterans something that the police might have Chafee’s words still bring a brisk, cool community there certainly are dif- to investigate if this amendment and a wind of caution. What kind of symbol ferences of opinion. I do not question statute that it authorized became law. of freedom and liberty will our flag be their sincerity or commitment at all. Don’t the police have more important if it has to be protected from protesters It is with a great deal of respect for things to investigate than whether the by a constitutional amendment? those with whom I disagree, including burning of a menu might violate the My friend and constituent Keith some members of the American Legion, Constitution? Kruel, a World War II veteran and past that I oppose this amendment. I oppose Some have been misled into believing National Commander of the American it because, to me, it is ultimately the that one can pull a flag off a building, Legion, addressed this point quite well freedom that matters the most. To me, burn it, and be protected by the Con- in testimony he submitted for the Ju- the soul of the flag, as opposed to the stitution. That is simply not true. diciary Committee last year. He said: physical part of the flag, is the freedom There are many laws in effect today Freely displayed, our flag can be protected that it stands for, the freedom that my that prohibit theft, the destruction of only by us, the people. Each citizen can gaze parents talked about with me, the free- federal property, or disturbing the upon it, and it can mean what our heartfelt dom that all of us have to speak up. I patriotic beliefs tell us individually. Govern- peace. These can and should be used to ment ‘‘protection’’ of a Nation’s banner only do not want to amend the Bill of address the majority of flag burning in- invites scorn upon it. A patriot cannot be Rights for the first time in its 209 years cidents. created by legislation. Patriotism must be of existence. I don’t want to amend the Honoring the flag demands that we nurtured in the family and educational proc- first amendment, the founding prin- listen, as many on both sides of this de- ess. It must come from the heartfelt emotion ciple of freedom of speech from which bate have, to the true American war of true beliefs, credos and tenets. all other freedoms follow. heroes who have testified to us on this Senator BOB KERREY, who is in the I want to very briefly read from some issue. It was particularly inspiring to Chamber at this time, the only Con- of what our Justices have had to say welcome John Glenn back to the Sen- gressional Medal of Honor winner to because I think they say it with more ate last year. The perspectives of the serve in the Senate in this century, eloquence than I could. In Texas v. witnesses before the Judiciary Com- spoke directly to the point when he Johnson, an opinion written by Justice mittee last year were of particular in- said: ‘‘Real patriotism cannot be co- Brennan, joined by Justices Marshall, terest to me because they represented erced. It must be a voluntary, unself- Blackmun, Scalia, and Kennedy—and I the diversity of views on this amend- ish, brave act to sacrifice for others.’’ I note this is a diverse group of judges ment by the American people, by vet- yield the floor. we are talking about—they said:

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.031 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1799 If there is a bedrock principle underlying the amend the Constitution to prohibit spect for our freedoms and our democ- First Amendment, it is that the government flag burning. Flag burning is a vile and racy. We do not honor the flag by dis- may not prohibit the expression of an idea contemptuous act, but it is also a form honoring the first amendment. simply because society finds the idea itself of expression protected by the first Gen. Colin Powell agrees with our op- offensive or disagreeable....The way to position to this proposed amendment. preserve the flag’s special role is not to pun- amendment. Surely we are not so inse- ish those who feel differently about these cure in our commitment to freedom of He has told us in reaching this decision matters. It is to persuade them that they are speech and the first amendment that he was inspired by the words of James wrong....We do not consecrate the flag by we are willing to start carving loop- Warner, a former marine aviator, who punishing its desecration, for in doing so we holes now in that majestic language. was a prisoner in North Vietnam be- dilute the freedom that this cherished em- I strongly oppose the constitutional tween 1967 and 1973. As James Warner blem represents. amendment we are debating today. The wrote in 1989: It hurts to see the flag If freedom of speech means anything, first amendment is one of the great pil- being burned, but I part company with I think it means protecting all speech, lars of our freedom and democracy. It those who want to punish the flag even that speech which outrages us. I has never been amended in over 200 burners. In one interrogation, I was have no use for those who desecrate the years of our history, and now is no shown a photograph of American pro- flag. Speech that enjoys widespread time to start. There is not even a plau- testers burning a flag. There, the offi- support doesn’t need any protection. sible factual basis for carving a hole in cer said: People in your country pro- As the great Justice Oliver Wendell the heart of the first amendment. test against your cause. That proves Holmes pointed out, freedom of speech There is no significant problem. you are wrong. No, I said, that proves is not needed for popular speech, but Flag burning is exceedingly rare. that I am right. In my country we are instead it is for the thought that we Published reports indicate that fewer not afraid of freedom, even if it means hate, the expression threatened with than 10 flag burning incidents have oc- that people disagree with us. censorship or punishment. curred a year since the Supreme The officer was on his feet in an in- I quote from General Powell’s letter. Court’s decision in Texas v. Johnson in stant, his face purple with rage. He He has been quoted several times, but 1989 on the first amendment. Over the smashed his fist onto the table and it is too eloquent to pass up: last 5 years, there was only one such screamed at me to shut up. While he We are rightfully outraged when anyone incident in Massachusetts. This is was ranting, I was astonished to see attacks or desecrates our flag. Few Ameri- hardly the kind of serious and wide- pain, compounded by fear, in his eyes. cans do such things and when they do they spread problem in American life that I have never forgotten that look, nor are subject to the rightful condemnation of warrants an assault on the first amend- have I forgotten the satisfaction I felt their fellow citizens. They may be destroying ment. Surely there is no clear and in using his tool, the picture of the a piece of cloth, but they do no damage to present danger that warrants such a burning flag, against him. our system of freedom which tolerates such That says it all. We respect the flag change. This proposal fails the reality desecration. . . . I would not amend that the most, we protect it the best, and great shield of democracy to hammer a few test. The Constitution is not a billboard the flag itself flies the highest when we miscreants. The flag will still be flying honor the freedom for which it stands. proudly long after they have slunk away. on which to plaster amendments as if I urge my colleagues to vote against they were bumper sticker slogans. In Our late and dear friend and col- this misguided constitutional amend- this Congress alone, over a dozen con- league, Senator Chafee, who was a ment. highly decorated soldier in two wars stitutional amendments have been in- I yield the floor. wrote: troduced. With every new proposed The PRESIDING OFFICER. The Sen- We cannot mandate respect and pride in amendment, we undermine and ator from Utah. the flag. In fact, in my view, taking steps to trivialize the Constitution and threat- Mr. HATCH. Mr. President, at least require citizens to respect the flag sullies its en to weaken its enduring strength. the Senator is consistent because he significance and its symbolism. I remember listening to a speech opposes both the McConnell amend- Finally, my colleague from Wis- given by Justice Douglas, one of the ment and the flag amendment. consin mentioned Senator Glenn, an- great Supreme Court Justices of this Having made that point, of the 36 other real American hero. Senator century. Students asked him: What Senators who voted for the McConnell Glenn said: was the most important export of the ‘‘statutory fix,’’ shall we call the pro- Without a doubt, the most important of United States? He said, without hesi- posal, 30 are opponents of the flag-pro- those values, rights and principles is indi- tation: The first amendment because it tection amendment. These 30 Senators vidual liberty: the liberty to worship, to is the defining amendment for the pres- apparently believe that some flag dese- think, to express ourselves freely, openly and ervation of free speech as the basic and cration should be prohibited. Voting completely, no matter how out of step these fundamental right in shaping our Na- for McConnell makes their first amend- views may be with the opinions of the major- tion. ment arguments a mockery. ity. Clearly, it would be a mistake of his- At least the distinguished Senator That is the first part of my presen- toric proportions for this Congress to from Massachusetts is consistent, be- tation—just to say that I love this flag. make the first alteration to the first cause the McConnell amendment says, I think when you have the family back- amendment in more than two cen- one, that flag desecration on Federal ground I have, you are fiercely patri- turies. The first amendment breathes land with a stolen flag should be pro- otic. I love this country. My mother light into the very concept of our de- hibited; two, damaging a flag belonging and father are no longer alive, but I mocracy. It protects the freedoms of to the United States will be prohibited; still think they know I am a Senator. all Americans, including the funda- or three, desecrating a flag intending They weren’t alive when I was elected. mental freedom of citizens to criticize to promote violence should be prohib- It would mean everything in the world their government and the country ited. to them. But, to me, the real soul of itself, including the flag. It reminds me of 1989 when a high the flag, going beyond the physical As the Supreme Court explained in percentage of Senators in this body, presence of the flag, is the freedom Texas v. Johnson, it is a bedrock prin- who claim to be against the constitu- that the flag stands for. I don’t think ciple underlying the first amendment tional amendment to prohibit desecra- we should give up on that freedom. I that the Government may not prohibit tion of our beloved flag, voted for the don’t think we should amend the first the expression of an idea simply be- statutory anti-flag-desecration amend- amendment to the Constitution. I cause the society finds the idea itself ment. think it would be a profound mistake. offensive and disagreeable. If first amendment rights hold with I say that out of respect for those who No one in the Senate condones the regard to this constitutional amend- disagree with me in the Senate. I say it act of flag burning. We all condemn it. ment, that it would violate first out of respect for those in the veterans The flag is a symbol that embodies all amendment rights, then why wouldn’t community who disagree with me. that is great and good about America. it have violated first amendment rights Mr. KENNEDY. Mr. President, once It symbolizes our patriotism, our with regard to any statute that would again we are debating whether to achievements, and, above all, our re- prohibit desecration?

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.059 pfrm01 PsN: S28PT1 S1800 CONGRESSIONAL RECORD — SENATE March 28, 2000 I think anyone can see the game that George Washington—to haul down its to amend the Bill of Rights. Yet the is going on; that is, that some of the flag and replace it with the flag from Bill of Rights has been amended in folks wouldn’t vote to protect the flag Algiers. As Secretary of State under some form on several occasions. For no matter what happens because they Thomas Jefferson, Madison pronounced example, the 13th amendment amended know the flag desecration amendment such a situation as a matter of inter- the 5th amendment as interpreted in or a statutory amendment is not going national law, a dire invasion of sov- Dred Scott v. Sanford, to provide that to protect our flag because it will be ereignty which ‘‘on a fit occasion’’ the former slaves were not property stricken down as unconstitutional. I might be ‘‘revised.’’ subject to the due process clause, but predicted it in both cases where the Su- Madison continued his defense of the were free men and women. preme Court has stricken it down. integrity of the flag when he pro- Further, the 14th amendment was in- If one agrees that flag desecration is nounced an active flag defacement in terpreted in Bolling versus Sharpe, to wrong, why limit it to these cir- the streets of an American city to be a have effectively amended the due proc- cumstances provided in the McConnell violation of law. On June 22, 1807, when ess clause of the 5th amendment to amendment? Why should it be legal to a British ship fired upon and ordered apply equal protection principles to the burn a flag in front of a crowd who the lowering of an American frigate’s Federal Government. loves flag desecration, or on television flag, Madison told the British Ambas- Moreover, in Engel versus Vitale, the where people are at a safe distance, yet sador ‘‘that the attack...was a de- Supreme Court circumscribed the 1st make it illegal to burn a flag in front tached, flagrant insult to the flag and amendment rights of American school of people who would be upset by that sovereignty of the United States.’’ children by holding that the establish- act? Why make it illegal to burn a Post Madison believed that ‘‘the indignity ment clause precluded prayer in the Office flag but not a flag belonging to offered to the sovereignty and flag of public schools. a hospital across the street? Why make the Nation demands. . .an honorable Each of these constitutional changes it illegal for a lone camper to burn a reparation.’’ Madison’s statements sug- substantially modified the rights and flag in a campfire at a Yellowstone gests his belief that protecting the correlative duties of affected parties from those originally envisioned by the park, when it is legal to burn a flag be- physical integrity of the flag ensured Framers of the Bill of Rights. The fore hundreds of children at a public the protections of the Nation’s sov- change effected by the Engel versus school under current law? ereignty. To anyone interested in protecting This is the author of the Constitu- Vitale decision did not expand rights, the flag, these distinctions make no tion. We have these people inconsist- but restricted them by taking away the sense. That is what is amazing to me. ently voting for statutes—twice in the right of children to pray at school. Further, there have always been nu- There is such inconsistency. I person- last 11 years—that are unconstitu- merous limits on free speech. We limit ally believe that it is the elitist posi- tional, that would, I suppose if you libelous and defamatory speech. We tion that calls the 80 percent of Ameri- take their arguments on the floor, limit speech that constitutes ‘‘fighting cans who believe we should sustain the denigrate the first amendment to the words.’’ We limit speech that consists dignity of our flag, of our national Constitution. If this constitutional of falsely shouting ‘‘fire’’ in a crowded symbol, that we are somehow amendment is denigrating it, why isn’t theater. We limit speech that is ob- Neanderthals, the 80 percent of the peo- the statute they voted for denigrating scene. We limit speech that jeopardizes ple in this country who want to protect it as well? national security. And each of these Madison did not conclude, as some our national symbol from acts of phys- limits balances an important govern- defenders of the right to deface the flag ical desecration. mental interest in protecting against The funny thing about it, this contend, that the first amendment pro- an individual’s right to engage in rad- amendment does not even do that. All tected the rights of Americans to tear ical or dangerous speech. this amendment does is restore the down a flag or that defacing the flag Thus, the Bill of Rights has been power to the Congress of the United was a form of expression protected by amended numerous times and has con- States to be able to pass a statute if the first amendment. On the contrary. sistently been interpreted to include the Congress so chooses, something It would appear that Madison had an limits on speech. The long legal tradi- that we have to do by constitutional intimate familiarity with the signifi- tion of accepting regulation of phys- amendment if we want to be coequal cance of protecting the physical integ- ically destructive conduct toward the with the judicial branch of Govern- rity of the flag, especially as such pro- flag is consistent with these limits ment. tection related to the first amendment, that balance society’s interest in pro- Opponents of the constitutional which he helped draft and move moting respect for the nation with an amendment argue that this would be through the First Congress. He knew individual’s interest in sending a par- an unprecedented infringement on the there had been no intent to withdraw ticular message by means of dese- freedom of speech, which does not sat- the traditional physical protection crating our beloved flag. The proposed isfy James Madison’s counsel that from the flag. amendment would effect a much small- amendments of the Constitution should Madison and Jefferson intended for er change than the other amendments be limited to ‘‘certain great and ex- the Government to be able to protect listed and a much narrower limit on traordinary circumstances.’’ Setting the flag consistent with the Bill of speech than the other limits men- aside the fact that flag desecration is Rights. This was based on their belief tioned. The amendment would simply conduct, not speech, and that our free- that obtaining sovereign treatment restore the traditional right of the peo- dom of speech is not absolute, these was distinct from an interest in pro- ple to protect the physical integrity of critics never fully address the fact that tecting against the suppression of ex- their flag, something that existed 200 our Founding Fathers, James Madison pression. Madison and Jefferson con- years before the Supreme Court struck in particular, saw protection of the flag sistently demonstrated that they it down. Protestors would still be free as falling outside the scope of the first sought commerce, citizenship, and neu- to speak their opinions about the flag amendment and was more a matter of trality rights through the protection of at a rally, write their opinions about protecting national sovereignty. The the flag. They did not seek to suppress the flag to their newspaper, and vote original intent of the Nation’s founders the expression of alternative ‘‘ideas,’’ their opinions at the ballot box. indicates the importance of protecting ‘‘messages,’’ ‘‘views,’’ or ‘‘meanings.’’ Most of the American people, men the flag as an symbol of American sov- Although it is commonly asserted and women, black, brown, and white, ereignty. Madison and Jefferson con- that Congress has never sent an support the flag protection amendment sistently emphasized the legal signifi- amendment to the States to amend the and 49 State legislatures have asked for cance of infractions on the physical in- Bill of Rights, this assertion is abso- the flag protection amendment. Ac- tegrity of the flag. lutely false. Even if you assume this cordingly, I believe we should send the For example, one of Madison’s ear- amendment would lead to a violation flag protection amendment to the liest pronouncements concerned an in- of first amendment rights, it is abso- States for ratification. cident in October 1800 when an Alge- lutely false to think the Congress has The argument that we have never rian ship forced a U.S. man of war—the never sent an amendment to the States amended the Bill of Rights or limited

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.062 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1801 speech is absurd; it is false, and, in any another bamboo needle getting little something great and extraordinary. It event, the flag protection amendment bits of cloth to make another Amer- is anything but an abdication of re- would change only the results of a few ican flag. sponsibility. Indeed, one could argue recent court decisions to restore the To be honest with you, that flag that, failure to vote for this amend- true meaning of the Bill of Rights as meant an awful lot to those people who ment is an abdication of our responsi- ratified by our forefathers. were under those very terrible cir- bility and that restoring the power of This proposed amendment recognizes cumstances. It means a lot to me. Congress the power to prohibit acts of and ratifies our Founding Fathers’ Opponents of this proposed constitu- desecration against our symbol of na- view—and the constitutional law that tional amendment argue this would be tional sovereignty would be a great and existed for nearly 200 years—that the an unprecedented infringement on the extraordinary occasion. American flag is an important and freedom of speech which does not sat- Mr. DORGAN. Ten years ago the U.S. unique incident or symbol of our na- isfy James Madison’s counsel that Supreme Court in a 5–4 decision struck tional sovereignty. As Americans, we amendments to the Constitution down a Texas flag protection statute display the flag in order to signify na- should be limited to ‘‘certain great and on the grounds that burning an Amer- tional ownership and protection. The extraordinary circumstances.’’ ican flag was ‘‘speech’’ and therefore Founding Fathers made clear that the Setting aside the fact that flag dese- protected under the First Amendment flag, and its physical requirements, re- cration is conduct not speech and that of the Constitution. I disagreed with lated to the existence and sovereignty our freedom of speech is not absolute, the Court’s decision then and I still do. of the United States and that desecra- what these critics never fully address I don’t believe that the act of dese- tion of the flag were matters of na- is the fact that our Founding Fathers, crating a flag is an act of speech. I be- tional concern that warranted govern- James Madison in particular, saw pro- lieve that our flag, as our national ment action. tection of the flag as falling outside symbol, can and should be protected by This same sovereignty interest does the scope of the first amendment and law. not exist for our national monuments was more a matter of protecting na- In the intervening years since the or our other symbols. While they are tional sovereignty. The original intent Supreme Court decision I have twice important to us all, the flag is unique. of the Nation’s founders indicates the supported federal legislation that It is flown over our ships and national importance of protecting the flag as an would make flag desecration illegal, buildings. We took the flag to, and incident of American sovereignty. and on two occasions I voted against planted it for eternity, on the Moon. Madison and others did that. amendments to the Constitution to do We carry it into battle. We salute it We took this flag, as I said, and the same. I voted that way because, and pledge allegiance to it. Men and planted it for eternity on the Moon. We while I believe that flag desecration is women have died for it and have been carry it into battle. We salute it and despicable conduct that should be pro- tortured for their fidelity to it. pledge allegiance to it. Men and women hibited by law, I also believe that Senator MCCAIN, in appearing before have died for it and have been tortured amending our Constitution is a step our committee, told of one of the expe- for their fidelity to it. As Americans that should be taken only rarely and riences he had when he was in the we recognize and believe that the flag then only as a last resort. Hanoi prison with others of our men. is our unique symbol of unity and sov- In the past year I have once again re- He said there was a young man who lit- ereignty. As Madison noted, the flag is viewed in detail nearly all of the legal erally could not afford shoes. He had no a unique incident which, when dese- opinions and written materials pub- shoes until he was 13 years of age. He crated, ‘‘demands an honorable repara- lished by Constitutional scholars and was raised in poverty. But when he tion.’’ courts on all sides of this issue. I joined the military, he stood out as a That was how we viewed it—as a peo- pledged to the supporters of the Con- really fine human being, and ulti- ple, as a nation—until 1989 when the stitutional amendment that I would re- mately he went to officer’s candidate Court handed down its 5–4 decision in evaluate whether a Constitutional school. the Johnson case. Are we really going amendment is necessary to resolve this Flying over Vietnam, he was shot to stand here on the floor of the Senate issue. down. When he arrived in the Hanoi and pretend that the law never was as From my review I have concluded prison, if I recall it correctly, he took it was? Does anyone here believe that that there remains a way to protect a bamboo needle and he knitted to- two narrow Supreme Court decisions our flag without having to alter the gether little bits of cloth to make an should settle whether we as a nation Constitution of the United States. I American flag, and he put it inside his should and can safeguard our symbol of joined Senators BENNETT, MCCONNELL shirt. Every night, he would bring out sovereignty? and CONRAD today to introduce legisla- that flag and put it on the wall, and There are opponents to S.J. Res. 14 tion that I believe accomplishes that they would all salute and pledge alle- who argue that our flag—this incident goal. giance to it. It was one of the things of sovereignty—is not important The bill we offered today protects the that kept them from going insane. enough to amend the Constitution; flag but does so without altering the One day his captors found him with that amending the Constitution re- Constitution and a number of respected that flag and took him outside and quires a ‘‘great and extraordinary occa- Constitutional scholars tell us they be- beat him within an inch of his life. Of sion.’’ Tell that to the young man in lieve this type of statute will be upheld course, they took his flag from him. Vietnam. For reasons I have stated, by the U.S. Supreme Court. This stat- Then they tossed his broken and bleed- the Supreme Court’s decisions in the ute protects the flag by criminalizing ing body inside the compound which Johnson and Eichman cases—decisions flag desecration when the purpose is, had a concrete slab in the middle. Sen- which overturned centuries of law and and the person doing it knows, it is ator MCCAIN may tell this story be- practice—more than meets Senator likely to lead to violence. cause he can tell it better than I can LEAHY’s test. Senator KERREY’s test, Supporters of a Constitutional having been there. I think it is worth- and others. It certainly meets it more amendment are disappointed I know by while to retell it. than the 27th amendment which dealt my decision to support a statutory Senator MCCAIN said they picked him with pay raises for members of Con- remedy to protect the flag rather than up and cleaned him up as best they gress or the 16th amendment which support an amendment to the U.S. Con- could in those very tragic cir- gave Congress the power to impose an stitution. I know they are impatient to cumstances. He was all black and blue income tax. I can understand why some correct a decision by the Supreme with his eyes shut from having been in Congress would view the 16th Court that they and I believe was beaten. They had incandescent light amendment as one of Congress’ finest wrong. I have wrestled with this issue bulbs on all day long, every day, and moments, not that I ever have. In fact, for so long and I wish I were not, with all night long, every night. As they all my State of Utah was one of only three my decision, disappointing those, in- went to sleep, suddenly Senator States to reject the 16th amendment. cluding many of my friends, who pas- MCCAIN looked up and here was this The flag amendment presents this sionately believe that we must amend young military man sitting there with Congress with an opportunity to do the Constitution to protect the flag.

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.034 pfrm01 PsN: S28PT1 S1802 CONGRESSIONAL RECORD — SENATE March 28, 2000 But in the end I know that our coun- know we need to tread carefully. The a monument, subject to similar protec- try will be better served reserving our Constitution is, after all, democracy’s tion.’’ Since that time, unfortunately, attempts to alter the Constitution only sacred text. But the Constitution is a narrow majority of the Supreme for those things that are ‘‘extraor- also a living text. As originally con- Court has now ruled twice that this dinary occasions’’ as outlined by Presi- ceived, it had no Bill of Rights. In all, great symbol of our national unity is dent James Madison, one of the au- it has been amended 27 times. not protected under the Constitution. thors of the Constitution, and only in If the Constitution is democracy’s sa- So that is why we are here today, to circumstances when it is the only rem- cred text, then the flag is our sacred begin the process of protecting the edy for something that must be done. symbol. In the words of Supreme Court flag, which is a symbol of all the pro- More than 11,000 Constitutional Justice John Paul Stevens, it is ‘‘a tections we are afforded as Americans amendments have been proposed since symbol of our freedom, of equal oppor- and all the liberties we enjoy. our Constitution was ratified. However, tunity, of religious tolerance, and of The flag flying over our Capitol since the ratification of the Bill of good will for other peoples who share Building today, the flag flying over my Rights in 1791 only 17 amendments our aspirations.’’ [dissenting opinion in home in San Francisco, each of these have been enacted. These 17 include Texas v. Johnson, 491 U.S. at 437 (1989)] flags, separated by distance but not in three reconstruction era amendments If the flag had no symbolic value, we symbolic value, is its own monument that abolished slavery, and gave Afri- would not get chills when we see it to everything America represents. It can-Americans the right to vote. The lowered to half-mast or draped on a should be protected as such. amendments included giving women coffin. We wouldn’t feel so much pride Our history books are replete with the right to vote, limiting Presidents when we see it flying in front of our stories of American soldiers who were to two terms, and establishing an order homes or at our embassies abroad. I charged with the responsibility of lead- of succession in case of a President’s wonder, is there any of us who can for- ing their units into battle by carrying death or departure from office. The last get that wonderful Joe Rosenthal pho- our Nation’s flag. To them, it was more time Congress considered and passed a tograph of the six Marines hoisting than a task, it was an honor worth new Constitutional amendment was that flag on the barren crag of Mount dying for, and many did. When one sol- when it changed the voting age to 18, Suribachi, after the carnage at Iwo dier would fall, another would take his more than a quarter of a century ago. Jima, where over 6,800 American sol- place, raise the flag, and press forward. All of these matters were of such scope diers were killed. There have been They would not fail. Their mission was they required a Constitutional amend- many photographs of soldiers. There too important, the honor too great, ment to be accomplished. has been no photograph I know of that flag and country too respected to give anything short of the last full measure However, protecting the American so endures in our mind’s eye, that has of their devotion, their lives, to suc- flag can be accomplished without carried so much symbolism, as that amending the Constitution, and that is ceed. one. I remember seeing it because the The American flag is a revered object a critically important point. San Francisco Chronicle ran it on the as well as a national symbol. Indeed, it Constitutional scholars, including front page during World War II. I was is our monument in cloth. I believe it those at the Congressional Research just a small child, but from that point should be viewed as such, and not sim- Service, the research arm of Congress, on, I knew the flag was something spe- ply as something that serves as one of and Duke University’s Professor Wil- cial. many vehicles for free speech. liam Alstyne, have concluded that this People speak metaphorically about Everything about the flag—its tan- statute passes Constitutional muster, the fabric of our society and how it has gible form, its very fabric—has signifi- because it recognizes that the same become frayed. I submit that in a very cance. The shape, the colors, the di- standard that already applies to other real sense, our flag is the physical fab- mensions, and the arrangement of the forms of speech applies to burning the ric of our society, knitting together pattern help make the flag what it is. flag as well. This is the same standard disparate peoples from distant lands, The colors were chosen at the Second which makes it illegal to falsely cry uniting us in a common bond, not just Continental Congress in 1777. We all ‘‘fire’’ in a crowded theater. Reckless of individual liberty but also of respon- know them well: Red for heartiness and speech that is likely to cause violence sibility to one another. As such, the courage; white for purity and inno- is not protected under the ‘‘fighting flag is more precious to us, perhaps, cence; blue for vigilance, perseverance, words’’ standard, long recognized by than we may even know. and justice. the Supreme Court of the United The flag flies over government build- Moreover, our flag is recognized as States. ings throughout the country. It flies unique not only in the hearts and I believe that future generations— over our embassies abroad, a silent but minds of Americans but in our laws and our founding fathers—would agree strong reminder that when in those and customs as well. No other emblem that it’s worth the effort for us to find buildings, one is on American soil and or symbol in our Nation carries with it a way to protect our flag without hav- afforded all the protections and lib- such a specific code of conduct and pro- ing to wonder about the unintended erties enjoyed back home. tocol in its display and handling. consequences of altering our Constitu- Constitutional scholars as diverse as For example, Federal law specifically tion. Chief Justices William Rehnquist and prescribes that the flag should never be Mr. President, I yield the floor. Earl Warren and Associate Justices displayed with its union down, except The PRESIDING OFFICER (Mr. Stevens and Hugo Black have vouched as a signal of dire distress or in in- SANTORUM). The Senator from Cali- for the unique status of the national stances of extreme danger to life or fornia. flag. In 1974, Byron White said: property. When a flag is flown upside Mrs. FEINSTEIN. Mr. President, I It is well within the powers of Congress to down, it is in fact a signal of distress. rise in strong support of S.J. Res. 14, a adopt and prescribe a national flag and to The U.S. flag should never touch any- proposed constitutional amendment to protect the unity of that flag. . . [T]he flag thing beneath it: neither ground, floor, protect our national flag from physical is an important symbol of nationhood and water, or merchandise. The U.S. flag desecration. unity, created by the Nation and endowed should never be dipped to any person or S.J. Res. 14 would give Congress, and with certain attributes.’’ [Smith v. Goguen, thing. And the flag should never be car- Congress alone, the authority to draft 415 U.S. at 585–87 (1974)] ried horizontally but should always be a statute to protect the flag. It would Justice White continued, ‘‘[T]here carried aloft and free. give Congress the opportunity to con- would seem to be little question about Why, then, should it be permissible struct, deliberately and carefully, pre- the power of Congress to forbid the mu- conduct to burn, to desecrate, to de- cise statutory language that clearly tilation of the Lincoln Memorial or to stroy this symbol, this emblem, this defines the contours of prohibitive con- prevent overlaying it with words or national monument? That is not my duct. other objects. The flag is itself a monu- definition of free speech. At the outset, let me say that ment, subject to similar protection.’’ For the first two centuries of this amending the Constitution is serious I could not agree more with the opin- Nation’s history, that was not the Su- business, indeed. I know that, and I ion of Justice White: ‘‘The flag is itself preme Court’s definition of free speech

VerDate 20-MAR-2000 02:20 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.058 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1803 either. In fact, until the Court’s 1989 speech, and can be regulated as such. The framers of the Constitution rec- decision in Texas v. Johnson, 48 of the But to my friends who would argue ognized two important elements in our 50 States had laws preventing burning otherwise, I remind them that even the constitutional tradition—liberty and or otherwise defacing our flag. right to free speech is not unrestricted. responsibility. Without responsibility, As I said at the outset, I don’t take For example, the Government can pro- without the rule of law, there could be amending the Constitution lightly. But hibit speech that threatens to cause no protection of life, limb, or prop- when the Supreme Court issued the imminent tangible harm, including erty—there could be no lasting liberty. Johnson decision and the subsequent face-to-face ‘‘fighting words’’, incite- I believe there is a danger in moving United States v. Eichman decision [496 ment to violate our laws, or shouting too far in either direction—toward too U.S. 310 (1990)], those of us who want to ‘‘fire’’ in a crowded theater. Obscenity restrictive order, or toward unfettered protect the flag were forced to find an and false advertising are not protected individual liberty. alternative path. under the first amendment, and inde- The key is the balance. In this in- In the Johnson case, the Supreme cency over the broadcast media can be stance, I believe we cannot tilt the Court, by a 5–4 vote, struck down a limited to certain times of day. scales entirely in favor of individual State law prohibiting the desecration Even Justice William Brennan’s deci- rights when there exists a vast commu- of American flags in a manner that sion in New York Times Co. v. Sullivan nity of people in this country who have would be offensive to others. The Court [376 U.S. 253 (1964)] accepted that some gone to war for our flag. held that the prohibition amounted to speech (in that case, known false state- There are mothers and fathers, wives, a content-based regulation. By design, ments criticizing official conduct of a husbands, and children who have re- at least according to the Court, the public official) may be sanctioned. ceived that knock on their front door lawfulness of Johnson’s conduct could There is much that is open to debate and have been told their son or daugh- only be determined by the content of about the proper parameters of free ter, husband or wife, father or mother his expression. As a result, the Texas speech. In the dissent to the 1990 has been killed in the line of duty. statute could not survive the strict Eichman case, Justice Stevens wrote They have been given a flag on this oc- scrutiny required by legal precedent, so that certain methods of expression casion, a flag which helps preserve the the Court struck it down. may be prohibited if three criteria can memory of their loved one and which After the Johnson case was decided, be met: speaks to his or her courage. That is Congress passed the Flag Protection First, the prohibition must be sup- the symbol, that is the emblem, that is Act of 1989. That Act prohibited all in- ported by a legitimate societal interest the national monument. tentional acts of desecrating the Amer- unrelated to the ideas the speaker de- Requiring certain individuals to stop ican flag and was, therefore, not a con- sires to express. I believe protecting defacing or burning the flag, I think, is tent-based prohibition on speech or ex- the flag meets the first test. It does not a very small price to pay on behalf of pression. Nevertheless—and this is the matter why an individual chooses to millions of Americans for whom the point why a statute won’t do—another desecrate a flag—all desecration is flag has deep personal significance. equally prohibited. Less than a decade ago, when 48 narrow majority of the Supreme Court Second, the speaker must be free to States had laws against flag burning, acted quickly to strike down the Fed- express his or her ideas through other there was no less free speech. And if eral statute as well, ruling that it suf- means. Again, a law protecting the flag this amendment is adopted, the First fered the same flaw as the Texas stat- does nothing to keep an individual Amendment will continue to thrive. I ute in the Johnson decision and was from expressing his or her views believe S.J. Res. 14 will protect the in- consequently inconsistent with the through speech or countless other ac- tegrity of the flag and keep our First First Amendment. That 5–4 decision tivities. Amendment jurisprudence intact. makes today’s discussion necessary. Third, societal interest must out- While expressing my support for S.J. I support S.J. Res. 14 because it of- weigh the ability of an individual to Res. 14, I briefly want to explain why I fers a way to return the Nation’s flag choose among every possible form of oppose the amendment my colleague to the protected status it deserves. The speech. In this case, I believe the sig- from Kentucky, Mr. MCCONNELL, of- authority for a nation to protect its nificance of the flag—its value as a fered. His amendment, derived from central symbol of unity was considered symbol of freedom and democracy the text of S. 982, would have had the constitutional for two centuries. It was throughout the world, its ability to effect of replacing the constitutional only a decade ago that a narrow major- bring us together as a nation, and the language with statutory language. ity of the Supreme Court told us other- effect its destruction has on many However well-intentioned and ear- wise. Americans—clearly outweighs the need nest the Senator was in offering the It is important to point out that S.J. to protect an individual’s ability to ex- amendment, I believe it was flawed. Res. 14 is not intended to protect press his or her views in every conceiv- The Supreme Court, following its rul- ephemeral images or representations of able way. ings in Texas v. Johnson and U.S. v. the flag but only the physical flag Is anyone here convinced that dese- Eichman, would certainly strike it itself. In other words, this amendment crating a flag might be the only way down as violative of the First Amend- is not intended to restrict the display for someone to express an opinion? ment. We have been down this road be- of images of the American flag on arti- I recognize that by supporting a con- fore. cles of clothing, patches, or similar stitutional amendment to protect the The Johnson and Eichman decisions items. This amendment would only flag, I am choosing a different course stipulate that neither Congress nor the protect the flag itself. from many of my fellow Democrats in States may provide any special protec- Because we are protecting our na- Congress and, quite frankly, from tion for the flag. In both decisions, the tional symbol, it makes sense to me many of my close friends for whom I Court made it clear that special legal that Members of Congress, rep- have the greatest respect. But my sup- protections for the American flag of- resenting the Nation as a whole, should port for this amendment reflects my fend the Court’s concept of free speech. craft the statute protecting our flag. broader belief that the time has come Because the Court views the flag itself I also believe the amendment is con- for the Nation to begin a major debate as an object of symbolic speech and not sistent with free speech. I disagree on its values. We need to ask ourselves as a monument, any conduct taken with those who say we are making a what we hold dear—is there anything with regard to the flag constitutes pro- choice between trampling on the flag upon which we will not cast our con- tected expression, as well. So we can- and trampling on the first amendment. tempt? not overrule such a notion with a stat- Protecting the flag, circumscribing How can we foster respect for tradi- ute. That is why, clearly and simply, certain conduct, will not prevent peo- tion as well as ideological diversity? we need a constitutional amendment. ple from expressing their ideas through How can we foster community as well And that is why I stand today to sup- other means in the strongest possible as individuality? These are all impor- port that amendment. terms. tant values, and we must learn to rec- I yield the floor. I support this amendment because I oncile them. We must not advance one The PRESIDING OFFICER. The Sen- believe flag burning is content, not value at the expense of another. ator from Vermont is recognized.

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.077 pfrm01 PsN: S28PT1 S1804 CONGRESSIONAL RECORD — SENATE March 28, 2000 Mr. LEAHY. Mr. President, am I cor- I have listened with an open mind to The flag says more about what it rect that the Senate is not operating their appeals that I support this means to be an American than a thou- under a time agreement? amendment. Regretfully and respect- sand words spoken by me. Current law The PRESIDING OFFICER. That is fully, I must say no. protects the flag. If anyone chooses to correct. I fear the unintended consequence of desecrate my flag—and survives my Mr. LEAHY. Mr. President, I note these 17 words and the laws that may vengeful wrath—they will face prosecu- that even without a time agreement, be enacted later will be far worse than tion by our Government. Such acts of we have had a good debate. Senators on the consequences of us witnessing the malicious vandalism are prohibited by both sides of the issue have spoken. We occasional and shocking and disgusting law. have had practically no quorum calls. desecration of this great symbol of lib- The law also protects me and allows We should have debate like this where erty and freedom. me to give a speech born of my anger Senators can speak. Mr. President, real patriotism cannot and anguish in which I send this flag I see two of the most distinguished be coerced. It must be a voluntary, un- aflame. Do we really want to pass a law veterans of the Vietnam war on the selfish, brave act to sacrifice for oth- making it a crime for a citizen de- floor, the distinguished Senator from ers. When Americans feel coercion, es- spondent over a war, or abortion, or Nebraska, Mr. KERREY, and the distin- pecially from their Government, they something else they see going on in guished Senator from Virginia, Mr. tend to rebel. So none of us should be their country to give a speech born of ROBB. Both are highly decorated vet- surprised if one unintended con- their anger? Do we really want a law erans of that war. sequence of the laws that prohibit un- that says the police will go out and ar- I ask unanimous consent that I be popular activity such as this is an ac- rest them and put them in jail? able to yield to the Senator from Ne- tual increase in the incidence of flag I hope not. Patriotism calls upon us braska, and then upon completion of desecration. to be brave enough to endure and with- his statement, that he be able to yield Another unintended consequence of stand such an act—to tolerate the in- to the Senator from Virginia. this amendment will be the diversion tolerable. I sincerely and respectfully Mr. HATCH. Mr. President, reserving of police resources from efforts to pro- thank all of those who hold views dif- the right to object. ferent from mine for their patriotism. I Mr. LEAHY. I withhold the request tect us from dangerous crime. Nobody should underestimate that this fact will pray this amendment does not so the Senator from Utah can speak. pass. But I thank God for the love of Mr. HATCH. Reserving the right to will happen. The efforts to protect us from those who desecrate the flag will country exhibited by those who do. object, as I understand it, the Senate Thank you, Mr. President. I yield the has to go out at about 5:30. require the training of police officers on when and where to respond to com- floor. Mr. LEAHY. I renew the request. The PRESIDING OFFICER. Under plaints. The PRESIDING OFFICER. Without the previous order, the Senator from Mr. President, we pass the laws, but objection, it is so ordered. Virginia is recognized. others must implement and enforce The Senator from Nebraska. Mr. ROBB. Mr. President, thank you. Mr. KERREY. Supporters of this them. They will receive complaints I thank my distinguished colleague and amendment are winning converts. Each about neighbors and friends or people fellow Vietnam veteran from Nebraska election cycle seems to bring them who desecrate the flag. The police will for his words. It is an important topic. closer to the 67 votes they need to send have to respond to every one of them. Mr. President, when I came home this 17-word amendment to the States These laws will give the power of the from Vietnam a little over thirty years for their ratification. And 49 legisla- Government to local law enforcement ago, I came home to a nation divided. tures have already indicated they agencies to decide when some indi- I was assigned by the U.S. Marine would ratify this amendment if Con- vidual is desecrating the flag. Corps to head up a major officer re- gress were to take this action. There are 45 words in the first cruiting program on college campuses Mr. President, these 17 words would amendment and this amendment pro- all across America. It was 1969 and make it constitutional for Congress to tects the rights of citizens to speak, to anti-war fever was consuming the na- pass a law giving the government the assemble, to practice their religious tion. As you can imagine, my Marine power to prohibit the physical desecra- beliefs, to publish their opinions and uniform on a college campus became a tion of the flag of the United States of petition their Government for redress lightning rod for protests and pro- America. of grievance. The 17 words that are in testers. In this assignment, Mr. Presi- Let me say at the beginning that I this proposed 28th amendment would dent, incoming bullets, rockets and ar- have deep respect for those who have limit what the majority of Americans tillery were replaced by insults, jeers views that are different from mine. The believe is distasteful and offensive and demonstrations. At times, it was Senator from California spoke very speech. tough. eloquently in favor of this amendment. Though this seems very reasonable I had just spent a tour of duty, which I have heard the distinguished Senator because most Americans do not ap- included commanding an infantry com- from Utah, indeed, submit a personal prove of flag desecration, it is only rea- pany in combat, and over 100 of my appeal for me to reconsider my views sonable if we forget that it is the right men received the Purple Heart, almost on this issue. I have a great deal of re- to speak the unpopular and objection- a quarter of them posthumously. Like spect for the purpose of this amend- able that needs the most protecting by all other warriors who served in uni- ment. I especially pay tribute to the our Government. form, it wasn’t their job to question U.S. American Legion. These patriots In this era of political correctness, the policy that sent them to Vietnam, have done more than any others to when the fear of 30 second ads has ho- but they answered the call and those help young Americans understand that mogenized and sterilized our language that died, did so with honor, for our freedom is not free. of any distasteful truths, this amend- Nation. I have had the honor, through 16 ment takes us in the opposite direction So while I did my best to reason with years of public service, to experience of that envisioned by our Founding Fa- the crowds that came out to greet me what the American Legion and other thers whose words and deeds bravely on college campuses, I didn’t appre- service organizations have done, but challenged the status quo. ciate the instinctive disrespect that especially the American Legion and Last year when I testified about this was shown to me and the uniform I the Girl’s State and Boy’s State orga- before the Judiciary Committee, I took wore. nizations, taking on the people who do the liberty of buying an American flag But Mr. President, I rise today to de- not understand the history and the and gave it to the committee. fend the rights of those individuals 30 story of the United States of America. I bought that flag because every time years ago to protest me and my uni- They teach them that story, that his- I look at it, it reminds me that patriot- form. tory, and they teach them to require ism and the cause of freedom produces Freedom of speech is the foundation the respect necessary to be a good cit- widows. Widows who hold the flag to of our democracy—and silencing that izen. It is the value they add to our their bosom as if it were the live body speech would have been against every- community that is immeasurable. of their loved-one. thing I had fought for in Vietnam. To

VerDate 20-MAR-2000 01:19 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.079 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1805 paraphrase an old saying: I didn’t agree that gets us so upset. And the reason truly free. And for it to be that proud with what they said. But I had been why the flag is burned (to convey a symbol, we must also protect the sa- willing to die to protect their right to message of dissent) is the reason why cred freedoms placed in the first say it. the Constitution protects it. amendment of the Constitution by our Mr. President, I am repulsed by any It is precisely because the act of flag forefathers. individual who would burn the flag of burning sends a message that elicits Mr. President, I am a proud veteran my country to convey a message of dis- such a visceral and powerful response of the U.S. Marine Corps. And I learned sent. It is an act I abhor and can barely that it is undeniably speech. Vulgar, many lessons serving in combat in comprehend. But in the democracy crude, infantile, repulsive, ungrateful Vietnam. I served with Marines who that our forefathers founded, and that speech, but undeniably speech. loved this country and were great pa- generations of Americans have fought Mr. President, since speech that en- triots. They were often young and and died to preserve, I simply do not joys the support of the majority is sometimes scared. But they risked have the right to decide how another never likely to be limited, the Bill of their lives in Southeast Asia. individual expresses his or her political Rights, by its very design, protects the Some of those brave warriors died for views. I can abhor those political rights of a minority in key areas that our nation. On two separate occasions, views, but I cannot imprison someone the founders held dear. And it is the I had men literally die in my arms. for expressing them. That’s a funda- freedom to dissent peacefully that sep- Those who made the ultimate sac- mental tenet of democracies and its arates the greatest democracy the rifice may have died keeping faith with what makes America the envy of the world has ever known from other re- their country. They may have died so world, as the home of the free and the gimes like those in China, Cuba, Iraq, that others might be free. They may brave. and others where political dissent has have died for an ideal or a principle or Mr. President, when we frame the ac- been met with imprisonment and some- a promise—sacred intangibles that ceptable context for conveying a polit- times death. transcend time. Some might say they ical message, we qualify freedom in We’ve applauded the awarding of the died for the flag. But I was there, Mr. America. We chip away at the extraor- Nobel Peace Prize to individuals in President, and they did not die for a dinary freedom that has distinguished other countries willing to risk their piece of cloth (however sacred), that us from our enemies for 200 years. lives to peacefully protest their gov- eventually becomes worn and tattered Last week, I received an e-mail from ernment. And we know that the first and eventually has to be replaced. No. a retired U.S. Marine Corps Colonel sign that freedom is in trouble any- They died fighting for all that our flag from Virginia. Like many Americans where around the world is when the represents. (and many American veterans), he had government starts locking up its dis- My fellow veterans who died in com- struggled with this issue and searched senters. bat sacrificed their lives for these in- his conscience for what’s right. In his If we reach past our natural anger tangibles that are the core values of message to me, he said: ‘‘I have seen and disgust for a few publicity-hungry our democracy. They died for liberty our flag torn in battle, captured by our flag-burners, we know in our hearts and tolerance, for justice and equality. enemies, and trampled on by pro- that a great nation like ours, a nation They died for that which can never testers. In all those events I never felt that defends liberty all over the world, burn. They died for ideals that can that the American way of life was in should not imprison individuals who only be desecrated by our failure to de- grave peril . . . for whenever our flag exercise their right to political dissent. fend them. fell or was destroyed there was always And we know in our hearts that a few In opposing this amendment, I truly another Marine to step forward and repulsive flag-burners pose no real dan- believe that I am again called upon to pull a replacement from his helmet or ger to a nation as great as ours. defend those intangible ideals—like ruck sack.’’ Mr. President, a great defender of freedom and tolerance—for which so He continued: ‘‘The Constitution is freedom in the world, General Colin many of us fought, and too many of us the bedrock of America, the nation . . . Powell, had this to say in letter last died. I am in a different uniform today, the people. It is not possible to pull an- year about this amendment: in a different place and time. But I feel other such document from our ‘na- I understand how strongly so many of my as if, in some way, I am again battling tional ruck sack.’ We have but one fellow veterans and citizens feel about the the odds to defend principles that, as a Constitution, and it should be the ob- flag and I understand the powerful sentiment younger man, I was willing to die for. ject of our protection.’’ in state legislatures for such an amendment. I’d still put my life on the line today to Mr. President, there is no question I feel the same sense of outrage. But I step defend those principles. that it is precisely because the flag back from amending the Constitution to re- I say that because the flag represents represents those sacred ideals that de- lieve that outrage. The first amendment ex- ists to insure that freedom of speech and ex- freedom to me. But the first amend- fine our democracy, that we are so pression applies not just to that which we ment guarantees that freedom. And angry to see one being trampled or agree or disagree, but also to that which we when we seek to punish those who ex- torn or torched. What angers us the find outrageous. I would not amend that press views we don’t share, then we— most is the message of disrespect that great shield of Democracy to hammer a few not the flag burners—we begin to erode desecration conveys. The ingratitude of miscreants. The flag will still be flying the very values, the very freedoms, the desecrater is tangible and we sim- proudly long after they have slunk away. that make America the greatest de- ply cannot help but be outraged. How Mr. President, our flag stirs very mocracy the world has ever known. I can anyone be so shallow and so un- deep emotions in me. It never fails to support our flag, and the republic for grateful that they would destroy the inspire me. I still get a chill down my which it stands. But I cannot, with the flag of a nation so great that it gives spine when it passes in a parade. And faith I have in that republic, support them the freedom to commit such a I’ve handed it, folded, to too many wid- this constitutional amendment. despicable act? ows not to revere it to the core of my I thank the Chair. And I thank my In fact, Mr. President, it is the moti- being. distinguished colleague from Nebraska vation of the flag burner, not the burn- I fully support the Citizens Flag Alli- who has received the highest honor our ing of the flag itself, that makes us so ance and especially my fellow members country can bestow on any who has de- angry that we want to punish that in- of the American Legion for all their fended America in battle; the Medal of dividual and throw away the keys. We hard work to instill in our people a Honor. I am proud to appear with him. know that when an American flag is greater respect for our flag. I under- I yield the floor. old and tattered, or damaged and no stand why so many of my fellow vet- The PRESIDING OFFICER. The Sen- longer fit to fly, we don’t bury it, or erans support this amendment. But I ator from Vermont. throw it in the trash. We burn it. That want the same thing they want. I want Mr. LEAHY. Mr. President, I com- is the proper, respectful method of dis- all of our citizens to respect our flag mend the distinguished Senator from posing of a flag. So it is not the burn- and all that it stands for. Virginia for his statement, as I do the ing of the flag that stirs us to anger. It Mr. President, I want that flag to be distinguished Senator from Nebraska. I is the reason why the flag was burned the proud symbol of a nation that is can assure my friend from Virginia, a

VerDate 20-MAR-2000 02:20 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.080 pfrm01 PsN: S28PT1 S1806 CONGRESSIONAL RECORD — SENATE March 28, 2000 young marine, my son, will receive a country in Vietnam. Professor May billion. I was particularly relieved that copy first thing in the morning at his said: Vermont veterans finally received home in California of the speech by the Veterans and their families need services some assistance, in the form of a $7 Senator from Virginia and a speech by and opportunities, not symbolism. Recruit- million Rural Health Care Initiative. the Senator from Nebraska. ment for military service is predicated in That funding will develop a number of Later this evening I am going to be part on a quid pro quo—if honorable service innovative programs to bring high having dinner with my oldest and dear- is rendered, then meaningful post-service benefits will follow. Our record of making quality care closer to home. I would re- est friend, a man I went to college good on this contract is not good. The favor- mind everyone that a majority of the with, a marine. He served the Republic able expressed sentiment for veterans by Senate defeated an amendment offered and faced the same kind of reaction supporters of the flag desecration amend- by my friend PAUL WELLSTONE that when he came back from combat from ment would be better placed in support of ex- would have raised VA medical care Vietnam. One day he was in a firefight tending and stabilizing services responsive to funding an additional $1.3 billion in in Vietnam, 2 days later he was walk- the day-to-day needs of ordinary veterans Fiscal Year 2000. I was proud to vote ing down the street in his uniform in and their families. for the increase, but disappointed that the United States, facing protesters’ Have we followed this good counsel more of colleagues did not go along shouts. here in the Senate? The unfortunate with this much-needed amendment. Having risked his life, as did both of answer is no. Our veterans and retirees We have a long way to go in ensuring you, he said what saved him through have received more high-sounding rhet- that our veterans receive the health that time was to know exactly for oric about patriotism than real efforts care that they so richly deserve. After what he fought. At least he has had the on our part to resolve the broken many years of fixed funding and in- satisfaction of seeing so much of that promises. creased costs, we need continued fund- come full circle: The Wall here, people During the debate on the Intermodal ing increases, and new programs to realizing that whatever the protesters Surface Transportation Efficiency Act provide higher quality care. had against the war, it should not be of 1998, the Senate voted to shift over We must also keep our promises to against the warriors, especially when $10 billion worth of critical veterans those who have completed a military they see the names of tens of thou- funding to help pay for extravagant career. I have strongly supported ef- sands who did not come back. highway spending programs. forts to improve TRICARE, the mili- Three times that year, the Senate I recall last year when the Senate tary health care system upon which raided veterans’ programs: in the budg- rose as one to commemorate the her- military retirees rely for their health et resolution, in the IRS Reform legis- oism and valor of the Senator from Ne- care. The system is generally sound, lation, and in the VA/HUD Appropria- braska. Both of you have been deco- but problems have arisen in developing tions Bill. All three times, too many rated for heroism, both of you have the provider networks and ensuring Senators voted against the veterans. If faced near death in battle. I think both quick reimbursements for payments. only a few more of those who now beat of you have come back here to serve Last November, I supported a their chests about symbolic actions your country in as strong a way as you TRICARE forum in Burlington, had voted for them, the necessary fund- did there, both as Senators but in Vermont, to allow retirees and other ing for veterans would have been as- bringing a calm, considered, integrity sured. participants to express their concerns constantly throughout your service in We have had numerous other missed directly to health care providers. Of the Senate. opportunities to increase the funds in course, we must also ensure that Medi- I am not a veteran. I did not serve in the Veteran Administrations medical care-eligible retirees continue to re- battle. But I think how proud I am to care account. Hospitals are seeing ceive high quality health care. have served in the Senate with both of more patients with less funding and What are we doing instead? In 1996, you. I thank you for your speech to- staff, and it can take months to get a we changed the immigration laws to night. I hope all Americans and all doctor’s appointment. It is not mere expedite deportation proceedings by Senators will listen. symbolism to fund those hospitals. cutting back on procedural safeguards Mr. President, I met again today It has been estimated that a third of and judicial review. The zealousness of with Vermont representatives to the all homeless people in this country are Congress and the White House to be American Legion convention, which is American veterans. Many of those peo- tough on aliens has successfully snared taking place in Washington this week. ple may be suffering from post-trau- permanent residents who have spilled These are people who deserve our re- matic stress disorder or other illnesses their blood for this country. As the INS spect, who served this nation in time of relating to their military service. prepares to deport American veterans war, and who sacrificed so that our We all know that with the end of the for even the most minuscule criminal freedoms and way of life would triumph cold war, military bases are closing. offenses, we have not even been kind over Nazi Germany. As they gather, I Military retirees who relied on the base enough to thank them for their service pledge to continue to work with them hospitals for space-available free med- with a hearing to listen to their cir- to address the unmet needs of Amer- ical care are losing access to care. cumstances. Last year I introduced the ican veterans. Abraham Lincoln re- Many service members retired near Fairness to Immigrant Veterans Act, minded us of our sacred obligation ‘‘to military bases specifically so that they S. 871, to remedy this situation, but it care for him who shall have borne the could enjoy the free medical care we has been bottled up in committee. battle, and for his widow, and his or- promised them, but now they have to If we truly wish to do something pa- phan.’’ find health care in the marketplace. triotic, what we should be talking Following the Judiciary Committee’s I saw this in Vermont recently, about is honoring our veterans. We hearings last year on the constitu- where we had to fight—yes, fight—to should honor our veterans by answer- tional amendment to restrict the first keep adequate funding for the only vet- ing Lincoln’s call ‘‘to care for him who amendment to protect the flag from eran’s hospital in the State. The in-pa- shall have borne the battle, and for his use in political protest, I asked Maj. tient surgical program at the White widow, and his orphan.’’ We should Gen. Patrick Brady, chairman of the River Junction VA hospital was nearly honor our veterans with substance Citizens Flag Alliance, what in his closed down. If the closure had gone rather than symbols. opinion were the most pressing issues through, many elderly Vermont and If we fail to meet the concrete needs facing our veterans. His response may New Hampshire veterans would have of American veterans and try to push surprise the proponents of the con- had to travel all the way to Boston for them aside with symbolic gestures, we stitutional amendment. His response to medical care, and many of them just will have failed in our duty not only to my inquiry regarding the most press- cannot. The VA has recommitted itself our veterans, but to our country, as ing issues facing veterans was ‘‘broken to the White River Junction program, well. I wonder where we would be if the promises, especially health care.’’ but this sort of thing is happening all effort and funds expended each year I asked the same question of Pro- across the country. lobbying for the constitutional amend- fessor Gary May, an American hero Last year, we finally raised the vet- ment had been directed toward the who lost both legs while serving his eran’s budget for medical care by $1.7 needs of our veterans and their families

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.083 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1807 and to making sure that we honor senior Senator from New York, but Vietnam vets, because they are strug- them by fulfilling our commitments to also my two colleagues, Senators ROBB gling with posttraumatic syndrome them. and KERREY, for their extraordinary and because they are struggling with I see one of the many veterans of statements on the Senate floor. I hope substance abuse and they don’t get the World War II serving still in the Sen- the American people have had the op- treatment? When are we going to be ate, and I will yield to my friend and portunity to hear, and I hope the op- talking about this overall budget for neighbor, the distinguished senior Sen- portunity to read what they have said veterans’ health care, which is not a ator from New York. is made to schoolkids and others who national-line budget? Mr. MOYNIHAN. Mr. President, I had have given a great deal of thought to There is an increase from the Presi- not intended to speak in this debate. our Constitution and the reason our dent this year—I am glad for that—but This is the fourth time this amend- Founding Fathers wrote as they did. it doesn’t really take into account all ment has come to the floor since I have Their eloquence and their power and of the gaps and all of the investment been present. But the speeches, state- their extraordinary persuasiveness we need to make. When are we going to ments, the addresses by the Senator ought to be tonic for us all late in the do that? from Nebraska and the Senator from day on an afternoon which has seen a I did not come to the floor to not Virginia compel me simply to bear wit- good debate. I am hopeful people have speak to this amendment. I have spo- ness to them. There are 10 Members in had the opportunity to hear this con- ken with as much as I can muster as to the Senate today, 10 remaining per- tribution, above and beyond all of why I oppose it. But I also want to sons, who were in uniform in World those made so far in this debate. say—I want this to be part of my for- War II. I yield the floor. mal remarks because I don’t think it is I was in the Navy—not heroically; f off the Record—colleagues, that I hope and I was called up again briefly in we will talk about the whole set of VETERANS BENEFITS Korea. I was part of that generation in other issues that are very important, which service to the Nation was so Mr. WELLSTONE. Mr. President, I not only to veterans but to the Amer- deeply honored, and lived with horror wish to make one other point, which is ican people. to see the disrespect shown those who not a constitutional argument, but it I can assure you that I have worked answered the country’s service in Viet- does have a lot to do with veterans. I with veterans to put together their nam, as they were asked to do. They say that we have spent some time on independent budget. That is a whole were commanded to do so and they had this, and we should; it is not an unim- coalition of veterans organizations. It taken an oath to obey. portant matter. But I also hope we will is really shocking how many veterans What a thrilling thing it is to see, spend time on the floor of the Senate fall between the cracks. We have a lot two such exemplars, men of heroism, talking about a range of other very im- of work to do. We are talking about achievement and spotless honor, come portant issues that affect veterans. I people’s lives. It is no way to say to this floor and speak as they have am amazed that every time I meet with thanks to veterans when we don’t come done. We take one oath which binds us veterans in Minnesota, or in other through with the health care we prom- ised them. today. Those who have been in the parts of the country, I hear about the I want to make it clear that I hope military have taken earlier oaths. Our ways in which veterans fall between we will soon focus on these issues as oath is to uphold and defend the Con- the cracks. We have a budget this year that is better than a flatline budget, well. I hope the veterans community stitution of the United States against will—I know the veterans community but Senator KENNEDY is out here—a all enemies, foreign and domestic—not will—focus on these issues as well. I health care Senator—and he knows ‘‘foreign or,’’ not just ‘‘foreign.’’ This spend an awful lot of time with vet- that better than anybody in the Sen- was added over the course of the 19th erans. I have a lot of meetings with century. ate. The fact is, we have an aging veteran veterans and with county veteran serv- Surely, there would be no one, how- ice officers. These issues come up over population like we have an aging popu- ever unintentionally—and I say this as and over again. a member of the American Legion— lation in general, and that is all for the f who would propose that to debase the good because people are living longer. First Amendment to the Constitution We don’t have any real way right now THE FREEDOM TO FARM ACT meets the criteria of upholding and de- of helping those veterans the way we Mr. WELLSTONE. Mr. President, as fending it. should. We passed the millennium bill, much as I hate to recognize this, this is Those two men have defended their but the question is, Will the appropria- the fourth anniversary of the passage nation in battle—one in the Navy, one tions be there? We ought to be talking by the House and the Senate of the in the Marines. I speak as one who was about the health care needs of veterans ‘‘freedom to fail’’ bill. involved. I was in 20 years, altogether, as well. We ought to be talking about On this date in 1996, both houses of before being discharged. I have to how we are going to make sure those Congress approved a new farm bill, de- grant, I was not aware that I was dis- veterans can stay at home and live at scribed then as ‘‘the most sweeping charged, but it turned up later in the home with dignity, with home-based change in agriculture since the Depres- file somewhere. health care. sion. It would get rid of government Our oath is solemn, and it is binding, I was at a medical center in Min- subsidies to farmers over the next and they—Senators ROBB and KERREY— neapolis, which is a real flagship hos- seven years.’’ stand there as witness to what it re- pital. It is not uncommon, when you go The bill has made sweeping changes quires of us. If we cannot do this on visit with veterans, you will see in agriculture—it has produced one of this floor, what can we expect Ameri- spouses who are there with their hus- the worst economic crises that rural cans to do on battlefields, in the skies, bands, or maybe out in the waiting American has ever experienced. Thanks under the seas, and on the land in the room or the lobby relaxing. You can to the Freedom to Farm, or as I call it years ahead? talk to them for 3 minutes and realize the Freedom to Fail Act, tens of thou- Please, I say to all Senators, heed they are scared to death about their sands of farm families are in jeopardy them and walk away from this husband going home. Maybe they had a of losing their livelihoods and life sav- trivializing of our most sacred trust. knee or a hip operation, or maybe they ings. Defeat this amendment. have cancer. The spouses are mainly The Freedom to Farm bill is not sav- I thank the Chair. women. They don’t know how they are ing tax payers money, in fact we have Mr. DASCHLE. Will the majority going to take care of their husbands. spent $19 billion more in the first 4 leader allow me to make one brief com- There isn’t even any support for res- years of the 1996 farm bill than was ment before he propounds his unani- pite care. When are we going to talk supposed to be spent through the 7 year mous-consent request? about that issue? When are we going to life of the law. Mr. LOTT. Yes. talk about the number of veterans who However, what has resulted is the Mr. DASCHLE. Mr. President, I came are homeless? When are we going to precipitous loss of family farmers be- to the floor to thank the distinguished talk about the number of them who are cause this legislation has not provided

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.086 pfrm01 PsN: S28PT1 S1808 CONGRESSIONAL RECORD — SENATE March 28, 2000 small and moderate sized farmers with this one too. But the crisis we now face People cannot—they will not—be a safety net. Instead payment loop- is much graver than in the 80’s, and I able to survive right now unless there holes have been inserted in legislation fear that family farmers and rural is some income stabilization, unless that has allowed the largest America will not survive. there is some safety net, unless there is argibusiness corporations to receive The tough farm economy may resem- some way they can have some leverage the lions share of government support. ble the agricultural crisis of the 1980’s, to get a decent price in the market- This is unacceptable. but there is a notable difference, and place. That is the missing piece of In my State of Minnesota, family that difference is namely the passage Freedom to Farm or Freedom to Fail. farm income has decreased 43 percent of the Freedom to Farm Act. The Act Flexibility is good. But that has not since 1996 and more than 25 percent of ignored the fact that family farming is worked, and I see it every day in every the remaining farms may not cover ex- a business both uniquely important community that I am in. penses for 2000. Every month more and and uniquely affected by nonmarket I’m not talking about AMTA pay- more family farmers are being forced forces. ments, which is severance pay for our to give up their life’s work, their The Freedom to Farm has become Nation’s farmer heritage. Our Nation’s homes, and their communities. Freedom to Fail. family farmers want—they desperately The primary problem is price. The The 1996 Freedom to Farm bill was need some leverage in the marketplace average price paid to producers for suppose to wean rural America from to get a fair price. their crops has plummeted. Farmers subsidies by introducing a market-driv- We need to lift the loan rate. The suffer from a negative cash flow. In en agriculture. The bill gave farmers Freedom to Fail Act capped marketing Minnesota it costs $2.50 to grow a bush- flexibility to plant what they wanted, loans at artificial levels so low that el of corn. Today the price of a bushel and it was to make farmers able to they fail to offer meaningful income of corn in Minnesota sells at around adapt to a slump in a particular com- support. The loan rates have left farm- $1.75 at the local elevator. modity by switching to a more profit- ers vulnerable to the severe economic The forecast for prices is gloom. able crop. But the switch in crops and weather related events of the past USDA projections for commodity doesn’t make a difference if they are 3 years, resulting in devastating in- prices are expected to remain low. all drastically low. come losses. USDA estimates that farm income We are now witnessing many farmers Family farmers deserve a targeted, will decline 17 percent this year if Con- planting soybeans. Why is that so countercyclical loan rate that provides gress does not act. many farmers are planting soybeans? a meaningful level of income support Wheat prices have dropped $3 in the It isn’t because the market demands when the market price falls below the past 2 years. In May, 1996, wheat was soybeans. It is because the Freedom to loan rate, and a loan rate with a CUP selling $5.75 per bushel. Today, wheat is Fail bill capped the loan rate on soy- rather than a CAP so it doesn’t merely at $2.78 per bushel. This is well below beans higher than other commodities, track prices when they fall. Lifting the the cost of production. Farmers need at and so farmers are planting soybeans loan rate would provide relief to farm- least $4 a bushel to break even. to get a better rate than from corn or ers who need it and increase stability Soybean prices will probably average wheat. This is not market driven agri- over the long term. under $5 a bushel. Livestock and dairy culture. We also need to institute farmer prices are also being impacted. Hog The Freedom to Farm bill is not sav- owned reserve systems to give farmers farmers still face market prices below ing tax payers money, as I’ve said we the leverage they need in the market- their costs of production for the third have spent $19 billion in the first 4 place. And conservation incentives to straight year. years of the bill than was supposed to reward farmers who carry out con- Family farmers have struggled to be spent through the 6-year life of the servation measures on their land. survive as the devastating results of law. However, what has resulted is the And finally, unless we address the the 1996 Farm bill, exacerbated by the precipitous loss of family farmers be- current trend of consolidation and lack of a reliable farm safety net. cause this legislation has not provided vertical integration in corporate agri- In addition, merger after merger in small and moderate sized farmers with culture, nothing else we do to maintain the agriculture sector leaves producers an adequate safety net. the family size farms will succeed. wondering if they will be able to sur- Instead payment loopholes have been vive amidst the new giants of agri- inserted in legislation that has allowed The farm share of profit in the food business. the largest agribusiness corporations system has been declining for over 20 As a direct result, rural bankers, im- to receive the majority of government years. From 1994 to 1998, consumer plement dealers, and other small busi- support. This unacceptable. prices have increased 3 percent while nesses that rely on farm families as In order to ensure that family farm- the prices paid to farmers for their their customers have been squeezed as ers remain a part of this country’s products has plunged 36 percent. Like- cash flows have dropped. Rural families landscape, need a new farm bill now. wise, the impact of price disparity is with shrunken incomes have less We simply cannot wait until reauthor- reinforced by reports of record profits money to pay for quality health care ization in 2002 for Congress to act. among agribusinesses at the same time coverage and adequate child care for Congress must act now to address the producers are suffering an economic their children. There is an affordable impact of plummeting farm incomes depression. housing crunch as urgent as in our and the ripple effect it is having In the past decade and a half, an ex- urban areas. And finally, in our rural throughout rural communities and plosion of mergers, acquisitions, and communities there is a lack of good their economic base. Farmers are not anti-competitive practices has raised jobs at decent wages. going to survive if the only help they concentration in American agriculture The crisis is real. You can see it in get from Washington are inadequate, to record levels. the numbers. You can see it in the eyes unreliable, long delayed emergency aid The top four pork packers have in- of the scores of farmers who are forced bills that are distributed unfairly. creased their market share from 36 per- to sell off the substance of their his- We need policies that equip family cent to 57 percent. In fact, the world’s tory and their livelihood. farmers to withstand the low prices largest pork producer and processor is Many compare the current farm cri- and weather disasters that are fueling getting bigger. Smithfield Foods is sis to the 1980’s. We all know there was the current farm crisis, so their liveli- buying the Farmland Industries plant a massive shake out of family farmers hood is not dependent on the whims of in Dubuque, Iowa. This deal should be at that time. It changed the face of Congress. complete by mid-May. rural America. Many communities This crisis is a crisis of price. Farm- The top four beef packers have ex- were devastated and have not recov- ers want and deserve a fair price. panded their market share from 32 per- ered. I assume many use the compari- Farmers do not want a handout. Yet, cent to 80 percent. son to remind us that the distressed the 1996 Freedom to Farm bill stripped The top four flour millers have in- farm economy in the ’80’s somehow farmers of their marketing tools, and creased their market share from 40 per- survived, and so farmers will survive they have been left empty handed. cent to 62 percent.

VerDate 20-MAR-2000 02:37 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.052 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1809 The market share of the top four soy- was pouring rain, but they were down VETERANS BENEFITS bean crushers has jumped from 54 per- on The Mall. We had 500 farmers from Mr. KENNEDY. Mr. President, I cent to 80 percent. Minnesota. Most all of them came by thank my friend, the good Senator The top four turkey processors now bus. They don’t have money to come by from Minnesota, for an excellent pres- control 42 percent of production. jet. Many of them are older. They came entation and for reminding us about Forty-nine percent of all chicken with their children and grandchildren. the needs of our veterans, particularly broilers are now slaughtered by the They did not come here for the fun of those who are having some service-con- four largest firms. The top four firms it. They came here because the reality nected disability. The problems he has control 67 percent of ethanol produc- is, this will be their last bus trip. They talked about that have affected his re- tion. are not going to be able to come to gion are duplicated in my region of the The top four sheep, poultry, wet Washington to talk about agriculture. country as well. corn, and dry corn processors now con- They are not going to be farming any I received a call just 2 days ago from trol 73 percent, 55 percent, 74 percent, longer. These family farmers are not a very good friend, a person who and 57 percent of the market, respec- going to be farming any longer unless worked here in the Senate, about his tively. we deal with the price crisis. uncle who is 86 years old and who was The four largest grain buyers control Right now, the price of what they get at Pearl Harbor. He was one of those nearly 40 percent of elevator facilities. is way below the cost of production. wounded at Pearl Harbor, survived, and By conventional measures, none of Only if you have huge amounts of cap- went on. He was wounded in the Second these markets are really competitive. ital can you go on. People eating at the World War and is now destitute and According to the economic literature, dinner table are doing fine. The IVVs, trying to get into a service home just markets are no longer competitive if and the Con-Agras and big grain com- outside of Boston. The waiting line the top four firms control over 40 per- panies are doing fine. But our dairy there is 21⁄2 years. cent. In all the markets I just listed, and crop farmers and livestock pro- I remember very well speaking to the market share of the top four firms ducers are going under. those who came back from the war. At is 40 percent or more. So there really is This is, unfortunately, again the an- that time, they all believed they were no effective competition in these proc- niversary, and we have to write a new fortunate to make it back, and they essing markets. farm bill. weren’t asking very much of this coun- But now, with this explosion of merg- That is my cry as a Senator from try. We responded in a way in which all ers, acquisitions, joint ventures, mar- Minnesota from the heartland of Amer- of us have been enormously appre- keting agreements, and anticompeti- ica. ciative with the GI bill. Many of these tive behavior by the largest firms, f men and women took 4 or 5 years out of these and other commodity markets their lives to serve their country and are becoming more and more con- COMMITMENT TO THE CAPITOL risked life and death. We provided the centrated by the day. HILL POLICE Last week, the Senate passed a reso- Mr. WELLSTONE. Mr. President, I GI bill to them so they could get an lution 99–1, expressing our feelings on had a chance before the last break to education. They got an education and the 1996 Farm bill. It read, talk about a commitment we made to went on to contribute to their country. Capitol Hill police. As the Senator knows, for every $1 in- Congress is committed to giving this crisis vested in that education program, $8 in agriculture . . . its full attention by re- We lost two fine officers. They were forming rural policies to alleviate the farm slain. We went to their service. We was returned to the Treasury. price crisis, [and] ensuring competitive mar- made it clear that we thanked them for But there was not a member of the kets . . . the ways in which they protect the Armed Forces in any of the services We are committed to having the de- public, for the ways in which they pro- who didn’t believe in committing this bate about what kind of changes we tect us. We said we never want this to Nation to taking care of those who could make that would provide some happen again. served this country, who suffered and real help for family farmers, that We have posts where there is 1 officer were wounded in the line of battle. would enable family farmers to get a with 20 and 30 and 40 people streaming They believed they should live in decent price, that would provide some in. We made the commitment that we peace, respect, and dignity during their income for families, what kind of steps were going to have at least two officers golden years. They are not, and it is a we could take that will put some free at every post. national disgrace. enterprise back into the food industry I know there are Senators, such as We tried to join with others in this and deal with all the concentration of Senator BENNETT, who are in key posi- body. And I tell my good friend I will power. tions and who care deeply about this. work with him closely, not on those Other Senators may have different Senator REID was a Capitol Hill police- relevant committees, but I think we ideas. I just want us to address this cri- man. There are others as well. have been here long enough to know we sis. I don’t want us to turn our gaze We have to get this appropriations can make some difference in this area. away from our family farmers. And I bill right. We need to hire more offi- I look forward to working with him. say to my colleagues, on this anniver- cers. We need to make sure the money This is a problem that faces us in New sary of the Freedom of Fail Bill, we is there for overtime so we don’t have England. need a new farm bill—and I will come one officer at each post. I see my colleague from Rhode Island to the floor, every opportunity I have This can’t go on and on because if we chairing the Senate this afternoon. I to speak about the economic convul- don’t do this, there will come a day am sure he and his colleague, Senator sion this legislation has caused in our when, unfortunately, someone will REID, have these kinds of cases as well. rural communities. show up—someone who may be insane, It is a matter of priority. We will join I say to all of my colleagues who someone who will take a life, or lives. with him at a later time. talked about how we were going to get One officer at a post and not two offi- Mr. WELLSTONE. Mr. President, I the Government off the farm, we were cers at a post is an untenable security thank my colleague. going to lower the loan rate, and do situation. f this through deregulation and exports, My plea to colleagues is, we need to that we have an honest to goodness de- get this right for the public and for the NATIONAL RIGHT TO WORK ACT, pression in agriculture. We have the Capitol Hill police. We made this com- S. 764 best people in the world working 20 mitment. I think Democrats and Re- Mr. SESSIONS. Mr. President, I re- hours a day who are being spit out of publicans alike care about this. cently reviewed a video tape of some of the economy. We have record low in- I thank my colleagues. the violence that occurred during the come, record low prices, broken dreams I yield the floor. labor dispute between Overnite Truck- and lives, and broken families. The PRESIDING OFFICER (Mr. L. ing and the Teamsters. I am shocked We had close to 3,000 farmers who CHAFEE). The Senator from Massachu- and disturbed by the violent attacks came here last week. It was riveting. It setts. that have been carried out against

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.056 pfrm01 PsN: S28PT1 S1810 CONGRESSIONAL RECORD — SENATE March 28, 2000 Overnite drivers simply because they Fifteen years ago, March 27, 1985, the ees cannot afford to litigate their have decided to work and provide for Federal debt stood at $1,709,535,000,000 claim in court. Arbitration provides a their families. (One trillion, seven hundred nine bil- much more cost-effective means of dis- Under a legal loophole created in fed- lion, five hundred thirty-five million). pute resolution for employees. Indeed, eral law, union officials, who organize Twenty-five years ago, March 27, several studies have shown that in non- and coordinate campaigns of violence 1975, the Federal debt stood at union employment arbitration employ- to ‘‘obtain so called legitimate union $507,841,000,000 (Five hundred seven bil- ees prevail between 63 percent and 74 objectives,’’ are exempt from federal lion, eight hundred forty-one million) percent of their claims in arbitration, prosecution under the Hobbs Act. An which reflects a debt increase of more compared to 15 percent to 17 percent in update of a 1983 union violence study, than $5 trillion—$5,223,954,924,886.02 court. Further, an American Bar Asso- released by the University of Pennsyl- (Five trillion, two hundred twenty- ciation study showed that consumers vania Wharton School Industrial Re- three billion, nine hundred fifty-four in general prevail in 80 percent of their search Unit entitled: ‘‘Union Violence: million, nine hundred twenty-four claims in arbitration compared to 71 The Record and the Response of the thousand, eight hundred eighty-six dol- percent in court. Of course, if both em- Courts, Legislatures, and the NLRB,’’ lars and two cents) during the past 25 ployees and employers could avoid ar- revealed some disturbing news. While years. bitration under S. 121. This would give the overall number of strikes has been f employers the financial incentive to on the decline, union violence has in- use the $20,000 to $50,000 cost of a trial ARBITRATION BILLS S. 1020 AND S. creased. The study also showed the vio- as a barrier to employees suits. This 121 lence is now more likely to be targeted does not appear to be good policy. toward individuals. Mr. SESSIONS. Mr. President, I I note that the Chamber of Com- Mr. President, violence is violence would like to make a brief statement merce, the Alliance of Automobile and extortion is extortion regardless of on two arbitration bills that are cur- Manufacturers, and the National Arbi- whether or not you are a card carrying rently pending in the Subcommittee on tration Forum support arbitration and member of a union. I am proud to be a Administrative Oversight and the have raised concerns concerning the cosponsor of S. 764, the Freedom from Courts of the Committee on the Judici- bills pending before the subcommittee. Union Violence Act. This legislation ary. These bills are S. 1020 and S. 121, Their concerns must be explored more would plug the loopholes in the Hobbs both of which would create exceptions fully. Act and make all individuals account- to the Federal Arbitration Act. In sum, I believe that the arbitration able for their actions. I believe that In general, arbitration is fair, effi- process must be fair. When it is fairly people should be reprimanded for using cient, and cost-effective means of al- applied, it can be an efficient, timely, violence to obstruct the law. We should ternative dispute resolution compared and cost-effective means of dispute res- not give special treatment to union vi- to long and costly court proceedings. olution. S. 1020 and S. 121 would create olence cases or union bosses. Senator The two bills before the subcommittee exceptions to arbitration that could ex- THURMOND has set out to clarify that today raise concerns about the fairness pose businesses to large jury verdicts union-related violence can be pros- of allowing some parties to opt out of and effectively bar employees with ecuted. I commend Senator THURMOND arbitration and the wisdom of exposing small claims from any dispute resolu- for introducing this much-needed legis- certain parties to the cost and uncer- tion. We must examine these bills and lation. tainty of trial proceedings. the policies behind them more thor- During the 105th Congress, the Judi- S. 1020, the Motor Vehicle Franchise oughly before acting upon any legisla- ciary Committee conducted a hearing Contract Arbitration Fairness Act tion. on the Freedom from Union Violence would allow automobile dealers and f Act. After listening to and reviewing manufacturers to opt out of binding ar- the wrenching testimony of victims of bitration clauses contained in their DEPOSIT INSURANCE FAIRNESS union violence at this hearing, I am franchise contracts and pursue rem- AND ECONOMIC OPPORTUNITY ACT now more certain of the need to elimi- edies in court. This is troubling be- Mr. EDWARDS. Mr. President, I rise nate these loopholes. For these reasons cause both parties are generally finan- today in support of legislation Senator I respectfully urge my colleague Sen- cially sophisticated and represented by Santorum and I are introducing, the ator HATCH, chairman of the Senate attorneys when they enter into a fran- ‘‘Deposit Insurance Fairness and Eco- Judiciary Committee, to schedule chise contract. S. 1020’s enactment nomic Opportunity Act.’’ This legisla- hearings and a markup of S. 764, the would allow these wealthy parties to tion would increase the amount of Freedom from Union Violence Act, as opt out of arbitration, but would not money that is available for banks and soon as possible. I also urge my col- allow customers of the dealers to opt thrifts to lend in their communities. leagues to join me in supporting this out of arbitration. This position is dif- Our financial services industry is in- important legislation. It is time to end ficult to justify. Indeed, in jurisdic- credibly strong, and the public benefits federally endorsed violence. Con- tions such as Alabama the allure of from this strength. Last year, this Sen- ducting hearings on this issue would be large jury verdicts serves as a powerful ate passed comprehensive banking re- a step in the right direction. incentive for trial lawyers to use S. form legislation that will increase con- f 1020 to argue against all arbitration. sumer choice and make our financial Jere Beasley, one of the Nation’s most institutions more competitive. THE VERY BAD DEBT BOXSCORE well-known trial lawyers, is making Throughout the consideration of that Mr. HELMS. Mr. President, at the this exact argument in his firm’s news- measure, I steadfastly supported ef- close of business yesterday, Monday, letter. While abandoning arbitration forts to improve and increase credit March 27, 2000, the Federal debt stood for dealers and manufacturers might availability to local communities. at $5,731,795,924,886.02 (Five trillion, increase attorneys fees, I have serious Though I believe we achieved this goal, seven hundred thirty-one billion, seven concerns as to whether such a selective I also said that we could and should do hundred ninety-five million, nine hun- abandonment for sophisticated dealers more. The legislation I introduce today dred twenty-four thousand, eight hun- and manufacturers would increase the with my colleague Senator SANTORUM dred eighty-six dollars and two cents). fairness of dispute resolution between does just that. Five years ago, March 27, 1995, the these parties or would be fair to cus- This measure would use the extra Federal debt stood at $4,847,680,000,000 tomers and employees of the dealers. money that is in the Bank Insurance (Four trillion, eight hundred forty- S. 121, the Civil Rights Procedures Fund (BIF) and the Savings Associa- seven billion, six hundred eighty mil- Protection Act, would prevent the en- tion Insurance Fund (SAIF), money lion). forcement of binding arbitration agree- that banks and thrifts have paid, to Ten years ago, March 27, 1990, the ments in employment discrimination pay the interest on Financing Corpora- Federal debt stood at $3,022,612,000,000 suits. However, when employment dis- tion (FICO) bonds. As a result, banks (Three trillion, twenty-two billion, six crimination law suits cost between and thrifts will be able to use the hundred twelve million). $20,000 and $50,000 to file, many employ- money they would otherwise pay to

VerDate 20-MAR-2000 02:37 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.058 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1811 FICO to increase lending in their com- ADDITIONAL STATEMENTS The column follows: munities. Right now, a financial insti- [From the Boston Globe, Mar. 19, 2000] tution of approximately $200 million in NEW OPTIMISM OUT OF ULSTER RECOGNITION OF WEYERHAEUSER domestic deposits could expect to pay (By Thomas Oliphant) COMPANY ON 100TH ANNIVERSARY roughly $42,000 this year for its FICO The brain connected to the freshest pair of obligation. If that $42,000 obligation ∑ Mr. GORTON. Mr. President, my eyes to look into Northern Ireland in some can be paid out of our excess money in number one priority as I represent the time was somewhat surprised by two things. the insurance funds, without compro- people of Washington state in the U.S. The first observation by Senator Barbara mising the safety and soundness of the Senate is protecting the Northwest Mikulski was that the six counties’ political leaders are themselves surprised at their in- funds, it will mean that institution has way of life. An intricate part of that Washington way of life is preserving ability to get out of the stalemate-ditches $42,000 more to lend. they keep driving into. our healthy and productive forests and Right now, the BIF and the SAIF are The second was that during an intensive streams. With that goal in mind, I am beyond fully capitalized. They both visit framed around what’s really exciting in delighted to recognize the Centennial the North these days—cross-community, contain millions of dollars more than Anniversary of the Weyerhaeuser Com- practical efforts by Protestants and Catho- required by federal law. That excess pany—an organization whose dedica- lics to get basic things done together—it was money is sitting here in Washington. tion to sustainable forestry has en- not until she got to the seat of government The funds keep growing, and the riched Washington state with both a at Stormont that she heard the word ‘‘de- money keeps sitting here. Now, the commissioning,’’ the absurd euphemism that vibrant timber industry and a tradition refers to the turning in of weapons by para- trouble with pots of money sitting in of preservation to keep our forests Washington is that quite often, the military organizations. healthy for generations to come. What this shows is merely how the pull of money just stays here in Washington In 1900, Frederick Weyerhaeuser and the violent, unjust sectarian past blocks a and doesn’t help our communities. This fifteen partners began the company settlement that the people want. It has been legislation would change that. By re- that would revolutionize the timber in- going on for the two years since the U.S.- lieving some of the financial burden on dustry. They purchased 900,000 acres of brokered Good Friday Agreement put all the our banks and thrifts through this Washington forest land from the building blocks for reconciliation except local political will into place. common-sense legislation, we will be Northern Pacific Railway and began opening up opportunities for these in- ‘‘But,’’ says the Maryland senator, ‘‘even the Weyerhaeuser Company. It quickly though the peace process appears to be on stitutions to put that money to good grew to become one of the most vibrant hold, there is another informal but abso- use. and remarkable companies, not only in lutely crucial peace process going on at the The $42,000 saved in my example Washington state, but around the community and neighborhood level.’’ could translate into hundreds of thou- world. Mikulski was referring to the over- whelming majority’s intense desire to put sands of dollars more in available cred- The Weyerhaeuser Company had a vi- sion for sustainable and environ- the Troubles in their past. That desire is cre- it. This means money available to help ating a ‘‘social glue’’ that has enormous po- folks in eastern North Carolina rebuild mentally responsible forest manage- tential for Northern Ireland’s long-range their homes and lives after Hurricane ment before ‘‘green’’ became fashion- evolution. Floyd. This means money to help revi- able. In 1904, General Manager George By far the most important example exists talize inner-city neighborhoods. This Long sponsored a study to look at the under the umbrella of the Northern Ireland means more money to help farmers impacts of growing timber as a crop— Voluntary Trust. Beneath this umbrella ex- ists all manner of activities that involve who have suffered crop damage. And it replenishing the resource with every harvest. Under Long’s leadership, Catholics and Protestants informally in spe- means money to help more Americans cific tasks. There are groups that include know the joys of home ownership. Weyerhaeuser pioneered many of the former prisoners as well as families of the conservation, fire protection and refor- I would like to say a few words about victims of violence and their survivors; orga- estation techniques used in forest man- nizations working on environmental issues safety and solvency of the insurance agement today. as well as community centers and play- funds. These funds, the BIF and SAIF, I am proud of and thankful for the grounds; unions and microeconomic develop- are administered by the FDIC and are great legacy that Weyerhaeuser has ment activists; work on mental health issues used to pay insured depositors in the given to Washington—the Evergreen as well as children’s health problems. As Mi- event of a bank or thrift failure. I am State. I hope that with balanced poli- kulski notes, it is all specific and local—and pleased to say that in these booming cies and responsible stewardship, loaded with implications. economic times, both funds are well The best symbol, in the North Belfast Weyerhaeuser will continue to prosper Community Development Council, is the cel- above their statutorily required level. in the next century.∑ lular phones in use during the Protestant Current law requires each fund to have f marching season. Rumors are chased down, 1.25 percent of all insured deposits. Catholics hear that a particular march will Right now, the BIF and SAIF are both SENATOR MIKULSKI’S TRIP TO halt at a predesignated spot without any well above this level, and the funds are NORTHERN IRELAND triumphalist chanting and should thus be of growing. ∑ Mr. KENNEDY. Mr. President, Sen- no major concern, and armed with that as- ator MIKULSKI recently returned from a surance, keep their own hotheads in check. In this legislation, we take great care A year ago, when some 50 of the trust’s to recognize the importance of pro- visit to Northern Ireland, where she most active female activists met with U.S. tecting the insurance funds. In fact, we held productive discussions with both supporters, they were so fresh to their cause actually build in an additional cushion Catholics and Protestants who are and nervous about the impact that the to help insure the solvency of the working together for community and names of the participants were kept private. economic development. As columnist Mikulski arranged a meeting for them with funds. Only if the funds are above 1.4 Thomas Oliphant wrote in a perceptive women in the U.S. Senate, most of whom percent will excess money above that column on March 19 in the Boston came to politics via similar routes of local level be used to pay the FICO obliga- activism. Globe, Senator MIKULSKI’S trip, and tion. Moreover, we maintain the au- Mikulski’s involvement at this delicate her work for grassroots development thority and ability of the FDIC to stage is important both because of what she and cooperation in these communities, make necessary adjustments to the has done and who she is. She got into her are important both symbolically and funds to protect their solvency, should business because of her fight against a high- practically. way. Years later she remains a grass-roots the need arise. As all of us who share the dream of a political leader, able to understand the byz- Right now, the money is sitting in an permanent and lasting peace are aware, antine nature of Northern Ireland’s street- account here in Washington. I think it much remains to be done to carry out level culture. And she is a powerful Demo- can be put to better use in local com- the peace process. I commend Senator cratic senator on the Appropriations Com- munities. This legislation represents a mittee who is comfortable working across MIKULSKI for her initiative and leader- party lines. method to help do just that, without ship on this issue, and I ask that Mr. Mikulski notes that the Fund for Ireland, sacrificing the safety and soundness Oliphant’s column about her trip may the basic aid network to which the U.S. gov- protections that are currently in place. be printed in the RECORD. ernment commits $20 million, is an excellent

VerDate 20-MAR-2000 02:24 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.066 pfrm01 PsN: S28PT1 S1812 CONGRESSIONAL RECORD — SENATE March 28, 2000 operation that has been especially useful in Alzheimer’s Association, membership would, for the first time, share power economic development and other brick and on the Cleveland Leadership Prayer in a new assembly and executive. mortar activities. But she also suggests that Breakfast Steering Committee, and On May 22, 1998, the people of Ireland, the time has come to ‘‘take a fresh look at chairman of Cleveland’s Promise, the in the North and in the South, voted the U.S. role to think about supporting this cross-communal activity.’’ local branch of America’s Promise overwhelmingly in favor of the Ac- She is also blunt about looking at the which strives to create an environment cords. Their message was clear: it was trust’s activities and potential, official U.S. for a better future. time for a new era of peace based on support without blinders. ‘‘Their idea, what Bruce’s belief in volunteerism was re- reconciliation, compassion, and re- makes them so worthwhile,’’ she said, ‘‘is cently celebrated in ‘‘Cleveland Live,’’ spect. their very careful focus on specific needs and a news and information ‘‘on-line’’ pub- Thanks in no small part to the tire- projects. This is not some gooshy-poo, Irish lication serving the Cleveland commu- less work of our former colleague, Sen- sensitivity training where everybody gets in nity, where he shared his philosophy on ator George Mitchell, the power shar- a hot tub and bonds. It’s serious work. The fund has done a very good job, but I think volunteering. Bruce stated, ‘‘volun- ing executive finally came into exist- we’re now at a different place.’’ teering is a four-way win: a win for the ence on December 1, 1999 and the for- What she says about U.S. policy also organization benefitting from the vol- mal devolution of power from London should spark new thinking about private unteers’ services; a win for the volun- to the people of Northern Ireland took American support for Ireland. Given the teers who gain new perspectives and place. It appeared that the Irish would roaring condition of the Irish Republic’s feel self-fulfilled; a win for the em- finally be able to celebrate the true economy, traditional charity and philan- ployer because the employee-volunteer spirit of Saint Patrick’s Day. thropy appears to be less important than the is a better-rounded employee; and a The quest for peace, however, took a cutting-edge activism across sectarian lines of the trust’s participants. win for the community whose quality step backwards when—on February 11, They cannot be a substitute for the appall- of life is improved, thanks to effective, 2000—the British government sus- ing failure of politicians in the North to dedicated volunteers.’’ I could not pended the power sharing institutions transcend the past. But they do demonstrate agree more with Bruce’s assessment. and resumed direct rule of Northern how much of a difference individuals can In 1975, Bruce’s outreach to others Ireland from London. The Good Friday make when they band together. earned him the Big Brother of the Year Peace Accords is now hanging by a There now exist networks of community Award from Big Brothers/Big Sisters of thread. organizations that personify the broader re- Greater Cleveland. In 1993, he received As I stated earlier, the people of Ire- fusal to regress, and they need all the sup- port they can get. But they can’t fill the vac- the Volunteer of the Year Award from land, Protestants and Catholics, in the uum without their so-called leaders. ‘‘It’s Leadership Cleveland for his dedication North and in the South, have made like when you put your VCR on pause,’’ said to making Cleveland a better place. their feelings clear. They support the Mikulski. ‘‘It holds for a while, but eventu- Bruce has supported the Salvation Good Friday Peace Accords. They sup- ally the old tape starts playing again.’’∑ Army in a variety of initiatives port the power sharing institutions. f throughout the years, and for donating They support peace and cooperation. They believe that the people of North- RETIREMENT OF MR. BRUCE his time and energy, in 1997, he re- ern Ireland should have the ability to AKERS ceived the General William Booth Award, the Salvation Army’s highest govern their own affairs. ∑ Mr. VOINOVICH. Mr. President, I award to a civilian. Representatives of all parties in rise today to extend my congratula- Bruce’s career is an inspiration to Northern Ireland met last week here in tions to Mr. Bruce Akers on the occa- those who look to form a better future Washington with British and Irish sion of his retirement as senior vice through active participation in the leaders in an effort to break this im- president for Civic Affairs at KeyBank community. While I know Bruce Akers passe and return home rule to North- in Cleveland, OH. Bruce’s accomplish- will enjoy his retirement with his wife ern Ireland. I am hopeful that their ef- ments are not limited to his 40 years of Barbara, I also know that he will not forts will prove to be successful. service in the banking industry, but ex- cease giving of himself in service to his I strongly support the Accords. They tend to the difference he has made in fellow man. represent the best hope for a lasting the lives of countless citizens. His dec- On behalf of the citizens of Cleveland peace in Northern Ireland. I urge all ades of leadership and generosity have and of Ohio, I would like to congratu- parties to stick to the agreement and helped make Cleveland the great city late Bruce Akers and thank him for all make it work. They have a responsi- it is today. he has done for his community and his bility to keep their word to the Irish Bruce has served the public at many State.∑ people and stop Northern Ireland from levels—in government, the private sec- f slipping back to the ways of the ‘‘Hard tor, and in civic organizations. From Men’’: intimidation, violence, and THE GOOD FRIDAY PEACE 1975 to 1977, he served as executive sec- death. retary to Cleveland Mayor Ralph Perk. ACCORDS On this day, let us reflect on the tur- Today Bruce continues to show his ∑ Mrs. FEINSTEIN. Mr. President, on moil the Irish have endured for so dedication to civic responsibility and March 17, 2000, the Irish and the Irish- many years and commend them for action in local government through his at-heart around the world celebrated their tremendous hope, persistence, service as mayor of Pepper Pike, OH. Saint Patrick’s Day, a day to remem- and hard work. Let us remember the Bruce is also committed to a number ber the spirit of comradery, friendship, true spirit of Saint Patrick’s Day and of Cleveland’s cultural, educational, and peace the patron saint of Ireland renew our support for the Irish people charitable and civic institutions in- brought to the Emerald Isle. I rise in the North and the South who des- cluding service as chairman of the today to pay tribute to the Irish people perately want, and deserve, a future of KeyFoundation, a trustee of the Cleve- and the forty million Irish Americans peace and prosperity.∑ land Council on World Affairs and in this country—who are also cele- f president of the Cleveland Opera. I brating Irish-American Heritage don’t believe I will ever forget Bruce’s Month—and offer my thoughts on an RETIREMENT OF JOHN CASTILLO ‘‘cameo’’ appearance in the Cleveland issue close to their hearts and mine: ∑ Mr. SANTORUM. Mr. President, I Opera’s rendition of Aida in 1984. He peace in Northern Ireland. rise today to recognize John Castillo as gave a tremendous performance that is The signing of the Good Friday Peace he retires from the Department of De- still talked about to this day. Accords on April 10, 1998 was an his- fense after 47 years of service. Bruce’s community commitment also toric achievement in the quest for John Castillo and his wife, Connie, extends to service as a trustee of the peace. After 32 years of conflict and live in Camp Hill, Pennsylvania. They Citizens League Research institute, bloodshed, the leaders of the principal have three children: Mike, who lives in membership on the Executive, Central, Unionist and Nationalist parties in New Cumberland, Pennsylvania; Lisa and Policy Committee’s of the Cuya- Northern Ireland agreed to a new gov- Marie, who lives in Reston, Virginia; hoga County Republican Party, mem- erning structure for the province, one and Tony, who lives in Warren, Michi- bership on the Advisory Council of the in which Catholics and Protestants gan.

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.067 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1813 Mr. Castillo, originally hired in 1953, of Women’s Presidents for the Jewish EC–8199. A communication from the Chief, was recruited as an Inventory Manage- Federation, Jewish Family Service, Regulations Unit, Internal Revenue Service, ment Specialist Intern for the United and the Jewish Federation of Greater Department of the Treasury transmitting, States Air Force in 1959, where his as- Seattle. pursuant to law, the report of a rule entitled ‘‘April 2000 Applicable Federal Rates’’ (Rev. signments included Inventory Manager I believe that one of the most impor- Rul. 2000–19), received March 22, 2000; to the and Weapon System Logistics Officer tant aspects of Shainie’s work is her Committee on Finance. (WSLO), supporting the Atlas ICBM dedication to today’s youth. Under her EC–8200. A communication from the Assist- Missile Squadrons assigned to the Stra- leadership as the Seattle area’s Direc- ant to the Board of Governors of the Federal tegic Air Command. His subsequent as- tor of Admissions for the Alexander Reserve Board, transmitting, pursuant to signments were with the United States Muss High School in Israel, hundreds of law, the report of a rule entitled ‘‘Regulation Army, where he worked for the U.S. local students have been given the op- Z, Truth in Lending’’ (R–1050), received March 24, 2000; to the Committee on Bank- Army Security Assistance Command portunity to attend the Alexander ing, Housing, and Urban Affairs. (USASAC) in New Cumberland, Penn- Muss High School in Israel and has be- EC–8201. A communication from the Fed- sylvania for 24 years. In 1997, he re- come one of the most successful youth eral Register Liaison Officer, Office of Thrift ceived a promotion to Division Chief of programs in Seattle. I applaud her tire- Supervision, Department of the Treasury, the Asia, Pacific and Americas Case less efforts and believe that her work transmitting, pursuant to law, the report of Management Division. has directly impacted the lives of thou- a rule entitled ‘‘Transfer and Repurchase of Mr. Castillo has consistently received sands of people throughout our state. Government Securities’’ (RIN1550–AB38), re- Sustained Superior Performance Michael has been equally dedicated ceived March 24, 2000; to the Committee on Banking, Housing, and Urban Affairs. awards or promotions throughout his to both his career as a leading doctor EC–8202. A communication from the Acting career, and has established a reputa- of Gastroenterology and as a volunteer Deputy Associate Administrator, Office of tion of outstanding service among his in his community. Michael is a world Acquisition Policy, General Services Admin- superiors and colleagues. authority on the pathology and clinical istration transmitting, pursuant to law, the Mr. Castillo will be honored at a re- manifestations of neurological dis- report of a rule entitled ‘‘Federal Acquisi- tirement luncheon on Thursday, March orders of the intestinal tract and has tion Circular 97–16’’ (FAC 97–16), received 30, 2000. It is with great pleasure that I been recognized by his colleagues for March 24, 2000; to the Committee on Govern- mental Affairs. congratulate John Castillo for his 47 his many accomplishments. EC–8203. A communication from the Dep- years of dedicated service to the De- Michael’s work does not end, how- uty Director, Office of Government Ethics partment of Defense, and I wish him ever, when he leaves the hospital. Like transmitting, pursuant to law, the report of continued success in all of his future his wife, he has dedicated countless a rule entitled ‘‘Exemption Under 18 U.S.C. endeavors.∑ hours to Hadassah by serving as a vis- 208(b)(2)’’ (RIN3209–AA09), received March 14, f iting professor of Gastroenterology and 2000; to the Committee on Governmental Af- as an Hadassah associate. He has also fairs. RECOGNITION OF DR. MICHAEL EC–8204. A communication from the Direc- AND SHAINIE SCHUFFLER worked to encourage leadership quali- tor, Office of Regulatory Management and ties in our children through the Jewish ∑ Mr. GORTON. Mr. President, I take Information, Office of Policy, Planning and Federation’s Young Leadership Pro- Evaluation, Environmental Protection Agen- the floor today to recognize the con- gram, serving as its co-chair for three cy, transmitting, pursuant to law, the report tributions of two remarkable residents years. of a rule entitled ‘‘Glufosinate Ammonium, of my state, Dr. Michael and Shainie One of his greatest loves in life is Pesticide Tolerance’’ (FRL #6498–1), received Schuffler, who have dedicated their pro-Israel activism and has dedicated March 24, 2000; to the Committee on Agri- lives to strengthening their commu- culture, Nutrition, and Forestry. his time to furthering this cause EC–8205. A communication from the Direc- nity, fostering leadership qualities in through American Israel Public Affairs our young people and working tire- tor, Office of Regulatory Management and Committee otherwise known as AIPAC. Information, Office of Policy, Planning and lessly to improve the health of count- He served as the Chairman of AIPAC Evaluation, Environmental Protection Agen- less people. from 1986 to 1994, strengthening the cy, transmitting, a report entitled ‘‘Deterio- Michael and Shainie met during their support of AIPAC across Washington ration Factors for Nonroad Engines’’; to the college years in Chicago where they state and furthering its reputation as Committee on Environment and Public both shared a keen interest in medi- the leading organization on United Works. cine. In 1970, the couple moved to Se- EC–8206. A communication from the Direc- States-Israel relations. tor, Office of Regulatory Management and attle and have since continued to make Throughout their different commit- the Seattle area a better place. After Information, Office of Policy, Planning and ments Michael and Shainie have al- Evaluation, Environmental Protection Agen- their move to Seattle, Shainie became ways supported one another and recog- cy, transmitting, a report entitled ‘‘Choosing actively involved in the Hadassah Hos- nized the importance of each other’s a Percentile of Acute Dietary Exposure as a pital. Hadassah is a volunteer women’s work. Theirs is a true partnership and Threshold of Regulatory Concern’’; to the organization that works to strengthen one that has positively impacted the Committee on Environment and Public a partnership with Israel, ensure Jew- Works. people of our state. I ask my colleagues EC–8207. A communication from the Direc- ish continuity, and realize their poten- to join me as I applaud the outstanding tial as a dynamic force in American so- tor, Office of Congressional Affairs, Nuclear and inspiring work of Dr. Michael and Regulatory Commission, transmitting, pur- ciety. In Seattle and around the United Shainie Schuffler.∑ suant to law, the report of a rule entitled States, Hadassah enhances the quality f ‘‘List of Approved Spent Fuel Storage Casks: of American and Jewish life through Revision, NUHOMS 24–P and NUHOMS 52– its education and Zionist youth pro- MEASURE PLACED ON THE B’’, received March 24, 2000; to the Com- grams, promotes health awareness, and CALENDAR mittee on Environment and Public Works. provides personal enrichment and EC–8208. A communication from the Direc- The following bill was read the sec- tor, Office of Regulatory Management and growth for its members. ond time and placed on the calendar: After joining Hadassah, Shainie Information, Office of Policy, Planning and H.R. 2366. An act to provide small business Evaluation, Environmental Protection Agen- found herself inspired by its founder, certain protections from litigation excesses cy, transmitting, pursuant to law, the report Henrietta Szold, and has worked tire- and to limit the product liability of of a rule entitled ‘‘Approval and Promulga- lessly for the past fifteen years on spe- nonmanufactuer product sellers. tion of Implementation Plans; Texas, Con- cific projects at both the chapter and f trol of Air Pollution from Volatile Organic regional levels including the Women’s Compounds Vent Gas Control and Offset Symposium and last year’s Bigger EXECUTIVE AND OTHER Lithographic Printing Rules’’ (FRL # 6567–5), Gifts dinner and has served as the COMMUNICATIONS received March 24, 2000; to the Committee on The following communications were Environment and Public Works. President of Hadassah’s Seattle Chap- EC–8209. A communication from the Sec- ter. laid before the Senate, together with retary of the Interior, and the Secretary of Shainie’s dedication to the Seattle accompanying papers, reports, and doc- Commerce, transmitting, pursuant to law, a community is also evident in her many uments, which were referred as indi- report entitled ‘‘Atlantic Striped Bass Stud- other involvements such as the Council cated: ies—1999 Biennial Report to Congress’’; to

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.049 pfrm01 PsN: S28PT1 S1814 CONGRESSIONAL RECORD — SENATE March 28, 2000 the Committee on Commerce, Science, and dren with disabilities in the United States Missouri and other states participating in Transportation. have available to them a free and appro- these critical programs will not be required EC–8210. A communication from the Assist- priate public education that emphasizes spe- to take funding from other vital state and ant Secretary for Fish and Wildlife and cial education and related services designed local programs in order to fund this under- Parks, Fish and Wildlife Service, Depart- to meet their unique needs, to assure that funded federal mandate; and be it further ment of the Interior, transmitting, pursuant the rights of children with disabilities and Resolved that the Secretary of the Senate to law, the report of a rule entitled ‘‘Marine their parents or guardians are protected, to be instructed to prepare properly inscribed Mammals; Incidental Take During Specified assist states and localities to provide for the copies of this resolution for the President Activities’’ (RIN1018–AF54), received March education of all children with disabilities, and Vice President of the United States, to 27, 2000; to the Committee on Commerce, and to assess and assure the effectiveness of the Speaker of the House of Representatives, Science, and Transportation. efforts to educate children with disabilities; to the Majority Leader of the Senate, to the EC–8211. A communication from the Attor- and Chair of the Senate Committee on Budget, to ney-Adviser, Department of Transportation Whereas, since 1975, federal law has author- the Chair of the House Committee on the transmitting, pursuant to law, the report of ized appropriation levels for grants to states Budget, to the Chair of the Senate Com- a rule entitled ‘‘Third Extension of Com- under the IDEA at forty percent of the aver- mittee on Appropriations, to the Chair of the puter Reservations Systems (CRS) Regula- age per-pupil expenditure in public elemen- House Committee on Appropriations, to each tions’’ (RIN2105–AC75), received March 27, tary and secondary schools in the United member of the Missouri Congressional dele- 2000; to the Committee on Commerce, States; and gation, and to the United States Secretary of Science, and Transportation. Whereas, Congress continued the forty-per- Education. EC–8212. A communication from the Legal cent funding authority in Public Law 105–17, Advisor, Cable Services Bureau, Federal the Individuals with Disabilities Education POM–448. A resolution adopted by the Communications Commission transmitting, Act Amendments of 1997; and Council of the City of Cincinnati, Ohio rel- pursuant to law, the report of a rule entitled Whereas, Congress has never appropriated ative to the Physical Education for Progress ‘‘Satellite Home Viewer Improvement Act of funds equivalent to the authorized level, has Act; to the Committee on Health, Education, 1999; Retransmission Consent Issues; Good never exceeded the fifteen-percent level, and Labor, and Pensions. Faith Negotiation and Exclusivity’’ (CS has usually only appropriated funding at POM–449. A resolution adopted by the Sen- Docket No. 99–363, FCC 00–99), received about the eight-percent level; and ate of the General Assembly of the State of March 22, 2000; to the Committee on Com- Whereas, the Missouri State Plan for Spe- Illinois relative to taxation mandated by merce, Science, and Transportation. cial Education was approved for statewide U.S. Courts; to the Committee on the Judici- EC–8213. A communication from the Spe- implementation on the basis of the antici- ary. pated federal commitment to fund special cial Assistant to the Chief, Mass Media Bu- SENATE RESOLUTION NO. 216 reau, Federal Communications Commission education programs at the federally author- Whereas, Unfunded mandates by the transmitting, pursuant to law, the report of ized level; and United States Congress and the executive a rule entitled ‘‘Amendment of Section Whereas, Missouri appropriated approxi- branch of the federal government increas- 73.202(b), Table of Allotments, FM Broadcast mately $240 million for the 2000 fiscal year in ingly strain already tight state government Stations; Lufkin and Corrigan, TX’’ (MM support for the state share of funding for budgets if the states are to comply; and Docket No. 98–135; RM–9300, 9383), received special education programs; and Whereas, To further compound this assault March 22, 2000; to the Committee on Com- Whereas, the State of Missouri received ap- on state revenues, federal district courts, merce, Science, and Transportation. proximately $105 million in federal special with the blessing of the United States Su- EC–8214. A communication from the Spe- education funds under IDEA for the 1999–2000 preme Court, continue to order states to levy cial Assistant to the Chief, Mass Media Bu- school year, even though the federally au- or increase taxes to supplement their budg- reau, Federal Communications Commission thorized level of funding would provide over ets to comply with federal mandates; and transmitting, pursuant to law, the report of $313 million annually to Missouri; and Whereas, The court’s actions are an intru- a rule entitled ‘‘Amendment of Section Whereas, local educational agencies in Mis- sion into a legitimate legislative debate over 73.202(b), Table of Allotments, FM Broadcast souri are required to pay for the underfunded state spending priorities and not a response Stations; Refugio and Taft, TX’’ (MM Docket federal mandates for special education pro- to a constitutional directive; and No. 98–256), received March 22, 2000; to the grams, at a statewide total cost approaching Whereas, The Constitution of the United Committee on Commerce, Science, and $208 million annually, from regular edu- States of America does not allow, nor do the Transportation. cation program money, thereby reducing the states need, judicial intervention requiring EC–8215. A communication from the Chief, funding that is available for other education tax levies or increases as solutions to poten- Legal Branch, Accounting Safeguards Divi- programs; and tially serious problems; and sion, Common Carrier Bureau, Federal Com- Whereas, the decision of the Supreme Court Whereas, This usurpation of legislative au- munications Commission transmitting, pur- of the United States in the case of Cedar thority begins a process that over time could suant to law, the report of a rule entitled Rapids Community School District v. Garret threaten the fundamental concept of separa- ‘‘Comprehensive Review of the Accounting F. ((1999) 143 L.Ed 2d 154), has had the effect tion of powers that is precious to the preser- Requirements and ARMIS Reporting Re- of creating an additional mandate for pro- vation of the form of our government em- quirements for Incumbent Local Exchange viding specialized health care, and will sig- bodied by the Constitution of the United Carriers: Phase 1’’ (FCC 00–78; CC Doc. 99– nificantly increase the costs associated with providing special education services; and States of America; and 253), received March 22, 2000; to the Com- Whereas, Fifteen states, including Ala- mittee on Commerce, Science, and Transpor- Whereas, whether or not Missouri partici- pates in the IDEA grant program, the state bama, Alaska, Arizona, Colorado, Delaware, tation. Louisiana, Massachusetts, Michigan, Mis- EC–8216. A communication from the Sec- has to meet the requirements of Section 504 souri, Nevada, New York, Oklahoma, South retary, Federal Trade Commission, transmit- of the federal Rehabilitation Act of 1973 (29 Dakota, Tennessee and Utah, have petitioned ting, pursuant to law, the report of a rule en- U.S.C. Sec. 701) and its implementing regula- the United States Congress to propose an titled ‘‘Appliance Labeling Rule, 16 CFR tions (34 C.F.R. 104), which prohibit recipi- amendment to the Constitution of the Part 305’’ (RIN3084–AA74), received March 24, ents of federal financial assistance, including United States of America that reads as fol- 2000; to the Committee on Commerce, educational institutions, from discrimi- lows: Science, and Transportation. nating on the basis of disability, yet no fed- eral funds are available under that act for ‘‘Neither the Supreme Court nor any infe- f state grants; and rior court of the United States shall have the PETITIONS AND MEMORIALS Whereas, Missouri is committed to pro- power to instruct or order a state or political viding a free and appropriate public edu- subdivision thereof, or an official of such The following petitions and memo- cation to children and youth with disabil- state or political subdivision, to levy or in- rials were laid before the Senate and ities, in order to meet their unique needs; crease taxes.’’; therefore, be it were referred or ordered to lie on the and Resolved, by the Senate of the Ninety-First table as indicated: Whereas, the Missouri General Assembly is General Assembly of the State of Illinois, That extremely concerned that, since 1978, Con- this legislative body respectfully requests POM–447. A resolution adopted by the Sen- gress has not provided states with the full and petitions the Congress of the United ate of the General Assembly of the State of amount of financial assistance necessary to States to propose submission to the states Missouri relative to the Individuals with Dis- achieve its goal of ensuring children and for their ratification an amendment to the abilities Education Act; to the Committee on youth with disabilities equal protection of Constitution of the United States of America Appropriations. the laws: Now, therefore, be it to restrict the ability of the United States SENATE RESOLUTION NO. 1034 Resolved by the Missouri Senate, Second Reg- Supreme Court or any inferior court of the Whereas, the Congress of the United States ular Session, Ninetieth General Assembly, That United States to mandate any state or polit- enacted the Education for All Handicapped the President and Congress of the United ical subdivision of the state to levy or in- Children Act of 1975 (P.L. 94–142), now known States are respectfully requested to provide crease taxes; and be it further as the Individuals with Disabilities Edu- the full forty-percent federal share of fund- Resolved, That copies of this resolution be cation Act (IDEA), to ensure that all chil- ing for special education program so that transmitted to the President of the United

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.062 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1815 States, the Speaker of the United States S. 2308. A bill to amend title XIX of the So- 145,000 federal acres under lease to 20 House of Representatives, the President Pro cial Security Act to assure preservation of companies. Tempore of the United States Senate, the safety net hospitals through maintenance of Secretary of the United States Senate, the the Medicaid disproportionate share hospital The current federal coal lease limita- Clerk of the United States House of Rep- program; to the Committee on Finance. tion under the Mineral Leasing Act of resentatives, and the members of the Illinois By Mr. DASCHLE: 1920 is 46,080 acres per state. An amend- Congressional delegation. S. 2309. A bill to establish a commission to ment of the Mineral Leasing Act in Adopted by the Senate, November 18, 1999. assess the performance of the performance of 1976 maintained the per-state limit and f the civil works function of the Secretary of added a 100,000-acre nationwide limit the Army; to the Committee on Environ- for any one company. The state coal REPORTS OF COMMITTEES ment and Public Works. lease limit has not been changed for 36 By Mr. COVERDELL (for himself, Mr. The following reports of committees years. Coal, sodium, phosphate and oil were submitted: LEAHY, Mr. HELMS, and Mr. DEWINE): S.J. Res. 43. A joint resolution expressing and gas were all assigned identical or By Mr. MURKOWSKI, from the Committee the sense of Congress that the President of similar per state lease acreage limita- on Energy and Natural Resources, without the United States should encourage free and tions in the 1926 amendments to the amendment: fair elections and respect for democracy in MLA (2,560 acres per state for sodium, H.R. 1487. A bill to provide for public par- Peru; read the first time. ticipation in the declaration of national coal and phosphate, 2,560 acres per geo- monuments under the Act popularly known f logic structure and 7,680 acres per state as the Antiquities Act of 1906 (Rept. No. 106– SUBMISSION OF CONCURRENT AND for oil and gas). The acreage limitation 250). SENATE RESOLUTIONS for each of these minerals was in- f creased in the 1946 and 1948 MLA The following concurrent resolutions amendments (coal, sodium and phos- INTRODUCTION OF BILLS AND and Senate resolutions were read, and phate to 5,120 per state in 1948; oil and JOINT RESOLUTION referred (or acted upon), as indicated: gas to 15,360 acres per state in 1946). The following bills and joint resolu- By Mr. KERREY: The per state acreage limitation for oil tion were introduced, read the first and S. Res. 278. A resolution commending Er- and gas leases was increased twice nest Burgess, M.D. for his service to the Na- second times by unanimous consent, more (to 46,080 acres in 1957 and 246,080 and referred as indicated: tion and international community; to the Committee on the Judiciary. acres in 1960) and the per state acreage By Mr. THOMAS: By Mr. LOTT: ceiling for coal (and phosphate) leases S. 2300. A bill to amend the Mineral Leas- S. Con. Res. 99. A concurrent resolution was increased once more to 46,080 acres ing Act to increase the maximum acreage of congratulating the people of Taiwan for the (and 20,480 acres for phosphate) in 1964. Federal leases for coal that may be held by successful conclusion of presidential elec- In my view, it is time to address the an entity in any 1 State; to the Committee tions on March 18, 2000, and reaffirming on Energy and Natural Resources. coal acreage limitations both on a United States policy toward Taiwan and the state and national level. By Mr. GORTON (for himself and Mrs. People’s Republic of China; considered and MURRAY): agreed to. The cap on coal needs to be raised to S. 2301. A bill to amend the Reclamation f allow producers to remain competitive Wastewater and Groundwater Study and Fa- in the world-wide market. In Wyoming, cilities Act to authorize the Secretary of the STATEMENT ON INTRODUCED the coal mine sizes will need to in- Interior to participate in the design, plan- BILLS AND JOINT RESOLUTIONS ning, and construction of the Lakehaven crease in order to maintain economic water reclamation project for the reclama- By Mr. THOMAS: competitiveness. Our coal industry has tion and reuse of water; to the Committee on S. 2300. A bill to amend the Mineral grown and prospered because its eco- Energy and Natural Resources. Leasing Act to increase the maximum nomic competitiveness allowed Wyo- By Mr. CLELAND: acreage of Federal leases for coal that ming to be the location of choice for S. 2302. A bill to amend the Internal Rev- may be held by an entity in any one new low-sulfur coal capacity to serve enue Code of 1986 to expand the enhanced de- State; to the Committee on Energy and much of the world. The scale of mining duction for corporate donations of computer operations is much larger now. technology to public libraries and commu- Natural Resources. nity centers; to the Committee on Finance. COAL MARKET COMPETITION ACT OF 2000 In order for this competitiveness to By Mr. GRAHAM: Mr. THOMAS. Mr. President, I rise continue, we must raise the acreage S. 2303. A bill to designate the facility of today to introduce the Coal Market cap to alleviate concern from several the United States Postal Service located at Competition Act of 2000. The legisla- companies in both Wyoming and Utah 14900 Southwest 30th Street in Miramar City, tion would amend the Mineral Leasing about the effect of the limitation on Florida, as the ‘‘Vicki Coceano Post Office their planning and production abilities. Building’’; to the Committee on Govern- Act to increase the acreage of coal mental Affairs. leases. Companies need this assurance Larger lease acreage areas are required By Mr. SHELBY: as they plan and finance their oper- to justify the significant capital in- S. 2304. A bill to amend the Internal Rev- ations into the future. Now, more than vestment necessary for mine expan- enue Code of 1986 to phase out the taxation ever, we need to diversify our Nation’s sion. Under current leasing operations, of social security benefits; to the Committee resources. The current oil prices are a the penalty for violation of the acreage on Finance. daily reminder of what occurs when we limitation is lease cancellation. It is By Mr. BAYH: essential during a time like now—when S. 2305. A bill to amend the Internal Rev- allow this country to be too dependent enue Code of 1986 to reduce the marriage pen- on foreign resources. It is time to focus oil prices are soaring—that we diver- alty by providing a nonrefundable marriage on domestic energy production and this sify and develop our Nation’s energy credit and adjustment to the earned income legislation will facilitate development sources rather than be dependent on credit; to the Committee on Finance. of one of our Nation’s abundant nat- foreign sources. Expanding lease acre- By Mr. THOMPSON (for himself, Mr. ural resources, coal. age will allow coal to be competitive LIEBERMAN, Mr. VOINOVICH, Mr. Most of the coal produced in our Na- and it is essential we have choices for BROWNBACK, and Mr. ROTH): tion comes from mines west of the Mis- energy here at home. S. 2306. A bill to increase the efficiency and effectiveness of the Federal Government, and sissippi River and the vast majority of for other purposes; to the Committee on that coal is mined in western states By Mr. GORTON (for himself and Governmental Affairs. with significant federal ownership of Mrs. MURRAY): By Mr. DORGAN (for himself, Mr. both the surface and mineral estates. S. 2301. A bill to amend the Reclama- DASCHLE, Mr. BAUCUS, Mr. JOHNSON, In fact, my state of Wyoming is home tion Wastewater and Groundwater and Mr. HARKIN): to 11 of the top 12 coal mines based on Study and Facilities Act to authorize S. 2307. A bill to amend the Communica- tonnage. We produced approximately the Secretary of the Interior to partici- tions Act of 1934 to encourage broadband de- one third of the total U.S. coal in 1999, pate in the design, planning, and con- ployment to rural America, and for other purposes; to the Committee on Commerce, with production exceeding 330 million struction of the Lakehaven water rec- Science, and Transportation. tons last year. Not surprisingly Wyo- lamation project for the reclamation By Mr. MOYNIHAN (for himself, Mr. ming is also the leader in federal coal and reuse of water; to the Committee GRAHAM, and Mrs. FEINSTEIN): lease acreage with approximately on Energy and Natural Resources.

VerDate 20-MAR-2000 02:37 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.065 pfrm01 PsN: S28PT1 S1816 CONGRESSIONAL RECORD — SENATE March 28, 2000 LAKEHAVEN UTILITY DISTRICT WATERomy becoming a major driving force of as Microsoft, Intel and AmericaOnline, RECLAMATION PROJECT our nation’s economic well-being, we that have donated computer equipment Mr. GORTON. Mr. President, today I must ensure that all Americans have and web access to schools and univer- join Senator MURRAY from Washington the information tools and skills that sities across America. My bill would State in introducing legislation that are critical to full participation in the make it easier for companies and indi- will authorize the Bureau of Reclama- new economy. Access to such tools is viduals to invest in their community tion to develop a water reuse project an essential step to ensure that our and jump start efforts to help bridge with Lakehaven Utility District in economy grows strongly and that in the ‘‘digital divide’’ in rural and low Federal Way, WA. the future no one is left behind. income areas everywhere. The Lakehaven Utility District is While we know that Americans are Ensuring access to the fundamental one of Washington State’s largest more connected to digital tools than tools of the digital economy is one of water and sewer utilities, providing ever before, the ‘‘digital divide’’ be- the most significant investments our 10.5 million gallons of water a day to tween certain demographic groups and nation can make. Our country’s most over 100,000 residents in South King regions of our country continues to important resource is its people. Our County. The utility depends on a persist and in many cases is widening companies are only as good as their groundwater supply system that is re- significantly. As a member of the Com- workers. Highly-skilled, well educated plenished by local precipitation. As de- merce Committee, Subcommittee on workers make for stellar businesses velopment in this Seattle suburb has Communications, I am alarmed by and create superior products. In a soci- increased, aquifer recharge has dimin- these developments. Just consider: ety that increasingly relies on com- ished. The utility district recognizes it A third of America’s economic puters and the Internet to deliver in- must protect its precious resources and growth in recent years has come from formation and enhance communica- has undertaken several projects to en- information technologies, producing 19 tion, we need to make sure that all sure it will have an adequate water million new jobs. Yet, while thirty per- Americans have access. Our domestic supply for future generations. cent of white Americans are connected and global economies will demand it. One of these projects involves exten- to the Internet only 11 or 12 percent of Ready access to telecommunications sive treatment of the utilities effluent African Americans or Hispanic Ameri- tools will help produce the kind of for reuse. Some of the treated water cans are on-line. Households with in- technology-literate work force that will be used to irrigate golf courses and comes of at least $75,000 are more than will enable the United States to con- other facilities, while the rest of the 20 times as likely to have access to the tinue to be a leader in the global econ- water will be returned to the aquifer Internet as those at the lowest income omy well into the 21st Century and be- through injection wells. The tech- levels, and more than 9 times as likely yond. niques for water reuse are innovative, to have a computer at home. Addition- Mr. President, I ask unanimous con- yet proven, and have been implemented ally, citizens in rural areas, including sent that the text of my bill be printed throughout Nevada and California. large parts of my state of Georgia, are in the RECORD. Currently, the Lakehaven Utility Dis- less likely to be connected to the Inter- There being no objection, the bill was trict discharges 6 million gallons of net than urban users. Regardless of in- ordered to be printed in the RECORD, as treated water into Puget Sound every come level, those living in rural areas follows: day. This new program will allow the are lagging behind in computer owner- S. 2302 district to reuse these crucial resources ship and Internet access. Be it enacted by the Senate and House of Rep- A viable alternative for many of resentatives of the United States of America in while replenishing its precious ground- Congress assembled, these under served individuals is Inter- water supply. SECTION 1. SHORT TITLE. This legislation amends title XVI of net access outside the home and statis- This Act may be cited as the ‘‘Community the Reclamation Projects Authoriza- tics show that computer use at public Technology Assistance Act’’. tion and Adjustment Act of 1992 to au- libraries and community centers is on SEC. 2. FINDINGS. thorize the Bureau of Reclamation to the rise. First of all, among all Ameri- Congress finds the following: provide the Lakehaven Utility District cans, 17 percent use the Internet at (1) A third of America’s economic growth the technical and financial assistance some site outside the home. Secondly, in recent years has come from information necessary to implement its reuse minorities are even more likely to use technologies, including 19,000,000 new jobs. the Internet and pursue online courses (2) Thirty percent of white Americans are project. connected to the Internet while only 11 or 12 I am pleased to support this project, and school research at even higher percent of African Americans or Hispanic which I believe is crucial to maintain- rates. Third, those earning less than Americans are online. Households with in- ing wetlands and rivers in Washington $20,000 who use the Internet outside the comes of at least $75,000 are more than 20 State. The Northwest is faced with a home are twice as likely to get their times as likely to have access to the Internet salmon crisis that demands every access through a public library or com- than those at the lowest income levels, and available drop of water remain in our munity center. Finally, Americans who more than 9 times as likely to have a com- streams and riparian areas. The are not in the labor force, such as retir- puter at home. Lakehaven Utility District water rec- ees or homemakers, are twice as likely (3) Citizens in rural areas are less likely to be connected to the Internet than urban lamation project will ensure that the to use public libraries for access. users. Regardless of income level, those liv- South King County community con- Given the ‘‘digital divide’’ among ing in rural areas are lagging behind in com- tinues to rely on groundwater re- these demographic groups, and the de- puter ownership and Internet access. sources rather than turning to other pendence of many Americans on the (4) Unemployed persons who access the sources that must be preserved for fish use of technology outside the home, es- Internet outside their homes are nearly 3 recovery. pecially at libraries and community times more likely to use the Internet for job centers, I am introducing today the searching than the national average. Those By Mr. CLELAND: Community Technology Assistance Americans who are ‘‘not in the labor force’’, S. 2302. A bill to amend the Internal Act. Currently, the special enhanced such as retirees or homemakers, are twice as Revenue Code of 1986 to expand the en- likely to use the public libraries for access. tax deduction exists in the case of com- (5) Those earning less than $20,000 who use hanced deduction for corporate dona- puter equipment donated to elemen- the Internet outside the home are twice as tions of computer technology to public tary and secondary schools. My bill likely to get their access through a public li- libraries and community centers; to would extend for five years the special brary or community center than those earn- the Committee on Finance. enhanced tax deduction, currently ing more than $20,000. COMMUNITY TECHNOLOGY ASSISTANCE ACT scheduled to expire at the end of this (6) Minorities are more likely users of the Mr. CLELAND. Mr. President, there year, and would expand it to include Internet and pursue online courses and has been a lot of talk recently about computer donations to libraries and school research at even higher rates outside the home (50.3 percent for Hispanics, 47.0 per- the ‘‘digital divide’’ and the differences community centers as well as to ele- cent for American Indians/Eskimos/Aleuts, in the availability of information be- mentary and secondary schools. Con- and 46.3 percent for African Americans). tween the technological haves and have sider the many high profile technology (7) Among all Americans, 17.0 percent use nots. With the emerging digital econ- and Internet related companies, such the Internet at some site outside the home.

VerDate 20-MAR-2000 02:50 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.071 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1817 Many Americans who obtain Internet access turning to senior citizens to fill the workforce. You know and I know this outside the home rely on such places as pub- void. However, many seniors are find- is not true. lic libraries (8.2 percent) and community ing that while they may want to work Senior citizens are our most valuable centers (0.6 percent). to better their standard of living or resource. They can provide knowledge, SEC. 3. ENHANCED DEDUCTION FOR CORPORATE DONATIONS OF COMPUTER TECH- have to work to make ends meet, they insight, and experience to our booming NOLOGY TO PUBLIC LIBRARIES AND are being hit by an additional tax bur- economy. And they do. We should treat COMMUNITY CENTERS. den, one that taxes their Social Secu- them fairly and allow them to continue (a) EXPANSION OF COMPUTER TECHNOLOGY rity benefits—their retirement secu- to earn and to save without imposing a DONATIONS TO PUBLIC LIBRARIES AND COMMU- rity, in other words—such that work- discriminatory ‘‘old age tax’’ simply NITY CENTERS.— ing, in many cases, is not financially because they want to continue to con- (1) IN GENERAL.—Paragraph (6) of section 170(e) of the Internal Revenue Code of 1986 beneficial to them. tribute to society. (relating to special rule for contributions of When the Social Security program Responsible seniors—who plan for computer technology and equipment for ele- was first established by Congress, Con- their retirement, who save and invest mentary or secondary school purposes) is gress did not intend for benefits to be for the future, and who strive to leave amended by striking ‘‘qualified elementary taxed at all. In fact, Social Security something to future generations—are or secondary educational contribution’’ each benefits were exempt from Federal finding that it is just not worth it. At place it occurs in the headings and text and taxes for half a century. But because of a time when we are trying to encour- inserting ‘‘qualified computer contribution’’. a financial crisis within the program in age savings and investment, it does not (2) EXPANSION OF ELIGIBLE DONEES.—Sub- the eighties and President Clinton’s de- clause (II) of section 170(e)(6)(B)(i) of such make sense to continue to tax Social Code (relating to qualified elementary or sire to fund new programs in 1993, sen- Security benefits. secondary educational contribution) is iors who earn a modest wage now find I am today encouraging my col- amended by striking ‘‘or’’ at the end of sub- that anywhere between 50 and 85 per- leagues to join me in supporting the clause (I) and by inserting after subclause cent of their Social Security benefits Older Americans Tax Fairness Act to (II) the following new subclauses: are taxed in America. This tax on So- bring additional fairness and freedom ‘‘(III) a public library (within the meaning cial Security benefits is misguided, I to the lives of millions of our most re- of section 213(2)(A) of the Library Services believe, and only acts to penalize hard- spected Americans. and Technology Act (20 U.S.C. 9122(2)(A)), as working and productive senior mem- in effect on the date of the enactment of the Let’s repeal the tax on Social Secu- Community Technology Assistance Act, es- bers of society. As workers, these sen- rity benefits. Let’s make it like it used tablished and maintained by an entity de- ior citizens are taxed when they earn to be. It is the right thing for the sen- scribed in subsection (c)(1), or their money, as we all know, they are iors in America. ‘‘(IV) a nonprofit or governmental commu- taxed when the Government returns it nity center, including any center within in the form of Social Security benefits, By Mr. THOMPSON (for himself, which an after-school or employment train- and if they are smart enough or lucky Mr. LIEBERMAN, Mr. VOINOVICH, ing program is operated,’’. enough to save it to give it to their Mr. BROWNBACK, and Mr. ROTH): (b) CONFORMING AMENDMENTS.— children or grandchildren, they will (1) Section 170(e)(6)((B)(iv) of the Internal S. 2306. A bill to increase the effi- Revenue Code of 1986 is amended by striking have to pay estate taxes, or a death ciency and effectiveness of the Federal ‘‘in any grades K-12’’. tax, before anyone sees a penny, in a Government, and for other purposes; to (2) The heading of paragraph (6) of section lot of cases. the Committee on Governmental Af- 170(e) of such Code is amended by striking Not only is this essentially double fairs. ‘‘ELEMENTARY OR SECONDARY SCHOOL PUR- taxation to some of our most vulner- GOVERNMENT FOR THE 21ST CENTURY ACT POSES’’ and inserting ‘‘EDUCATIONAL PUR- able citizens, our seniors, it is harmful POSES’’. to many seniors. Many seniors need to Mr. THOMPSON. Mr. President, I am (c) EXTENSION OF DEDUCTION.—Section work in order to pay for costly health pleased to introduce the Government 170(e)(6)(F) of the Internal Revenue Code of insurance premiums, prescription for the 21st Century Act, a bill to es- 1986 (relating to termination) is amended by tablish a commission to bring the striking ‘‘December 31, 2000’’ and inserting drugs, and other expenses which they incur as they grow older. For these structure and functions of our Govern- ‘‘December 31, 2005’’. ment in line with the needs of our Na- (d) EFFECTIVE DATE.—The amendments seniors, working is not a choice, it is a made by this section shall apply to contribu- necessity. tion in the new century. This bipar- tions made after December 31, 2000. If we eliminate the tax on Social Se- tisan legislation was the result of work curity benefits in America, most sen- done by the Governmental Affairs By Mr. SHELBY: iors would have more disposable in- Committee last Congress and is vir- S. 2304. A bill to amend the Internal come to pay for many of these neces- tually identical to S. 2623, 105th Con- Revenue Code of 1986 to phase out the sities of life. But rather than helping gress. The bill has been carefully craft- taxation of Social Security benefits; to them, I believe we hurt them—that is, ed to address not just what our Govern- the Committee on Finance. the seniors—by taxing their Social Se- ment should look like, but the more OLDER AMERICANS TAX FAIRNESS ACT curity benefits, lowering their standard fundamental question of what it should Mr. SHELBY. Mr. President, I rise of living, and decreasing the amount of do. today to introduce the Older Ameri- disposable income they have available Clearly, the time has come to take a cans Tax Fairness Act. This legislation to them. comprehensive and fresh look at what would eliminate—yes, eliminate—the What many fail to recognize is, work- the Federal Government does and how unfair tax on Social Security benefits ing seniors continue to contribute to it goes about doing it. Despite these in this country. the economy not only in terms of good economic times, polls repeatedly Last week, this body, the Senate, knowledge and added productivity but show that Americans have little trust took a historic step toward giving sen- by paying taxes on their earnings and or confidence in the Federal Govern- ior citizens more financial freedom and paying into the Social Security trust ment. They want the Federal Govern- retirement security by passing legisla- fund without ever recognizing an addi- ment to work, but they don’t think tion to repeal the earnings limit on So- tional benefit. that it does. cial Security benefits. We seized an op- Clearly, the benefits seniors provide Unfortunately, our citizens have portunity to allow seniors to continue to our economy in terms of invest- ample reason for concern. The Federal to work and contribute their skills and ment, knowledge, and skills far out- Government of today is a cacophony of knowledge to the most vibrant econ- weigh the minimal costs to the Treas- agencies and programs, many of which omy in recent memory. ury of repealing this unjust tax on So- are directed at the same problems. While the U.S. economy is currently cial Security. Much of what Washington does is inef- reporting the lowest unemployment This tax on Social Security benefits ficient and wasteful. Few would dispute number in years, employers are finding implies the Federal Government thinks that the government in Washington that labor is difficult to come by and senior citizens have nothing to con- cannot do effectively all it is now they are searching for ways to address tribute in the way of effectiveness, effi- charged with doing. When it comes to this challenge. Increasingly, they are ciency, experience, or knowledge to the specifics, however, changing things is

VerDate 20-MAR-2000 02:50 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.069 pfrm01 PsN: S28PT1 S1818 CONGRESSIONAL RECORD — SENATE March 28, 2000 extremely difficult. Virtually every a major step in that direction. It will (A) utilizes a smaller and more effective Federal agency and program has an en- take a hard look at Federal depart- workforce; trenched constituency to shield it from ments, agencies and programs and ask (B) motivates its workforce by providing a scrutiny and fend off challenges to the such questions as: better organizational environment; and (C) ensures greater access and account- status quo. Hence, the familiar axiom How can we restructure agencies and ability to the public in policy formulation that the closest thing to immortality programs to improve the implementa- and service delivery. is a Washington spending program. tion of their statutory missions, elimi- (2) SPECIFIC GOALS.—This Act is intended Federal agencies and programs have nate activities not essential to their to achieve the following goals for improve- mushroomed over time, evolving in a statutory missions, and reduce duplica- ments in the performance of the Federal largely random manner to respond to tion of activities? Government by October 1, 2004: the real or perceived needs of the mo- How can we improve management to (A) A restructuring of the cabinet and sub- ment. Consequently, duplication and maximize productivity, effectiveness cabinet level agencies. (B) A substantial reduction in the costs of fragmentation abound. There is an ob- and accountability of performance re- vious need to bring some order out of administering Government programs. sults? (C) A dramatic and noticeable improve- this chaos. As former Comptroller Gen- What criteria should we use in deter- ment in the timely and courteous delivery of eral Charles Bowsher stated in testi- mining whether a Federal activity services to the public. mony before the Senate Governmental should be privatized? (D) Responsiveness and customer-service Affairs Committee in 1995: Which departments or agencies levels comparable to those achieved in the The case for reorganizing the Federal gov- should be eliminated because their private sector. ernment is an easy one to make. Many de- functions are obsolete, redundant, or SEC. 2. DEFINITIONS. partments and agencies were created in a dif- could be better performed by state and For purposes of this Act, the term— ferent time and in response to problems very local governments or the private sec- (1) ‘‘agency’’ includes all Federal depart- different from today’s. Many have accumu- tor? ments, independent agencies, Government- lated responsibilities beyond their original sponsored enterprises, and Government cor- purposes. As new challenges arose or new Obviously, these questions involve subjective policy decisions. However, porations; and needs were identified, new programs and re- (2) ‘‘private sector’’ means any business, sponsibilities were added to departments and policy decisions should be the product partnership, association, corporation, edu- agencies with insufficient regard to their ef- of honest and open debate that stems cational institution, nonprofit organization, fects on the overall delivery of services to from objective and fact-based analysis. or individuals. the public. I am convinced that this analysis can SEC. 3. THE COMMISSION. The situation has not improved since best be provided by an independent, then. Just last month, the current (a) ESTABLISHMENT.—There is established nonpartisan commission that is re- an independent commission to be known as Comptroller General, David Walker, re- moved from the normal pressures of the Commission on Government Restruc- cited an all too familiar litany of du- Washington. turing and Reform (hereafter in this Act re- plication, waste, mismanagement, and The commission will have many in- ferred to as the ‘‘Commission’’). other Federal performance problems in formation sources available to it. The (b) DUTIES.—The Commission shall exam- testimony before the Senate and House first cycle of implementation of the ine and make recommendations to reform Budget Committees. The GAO ‘‘high- Government Performance and Results and restructure the organization and oper- risk list’’ of those Federal activities Act of 1993 will be complete by the end ations of the executive branch of the Federal Government to improve economy, efficiency, most vulnerable to fraud, waste, and of this month when agencies submit abuse has grown from 14 problem areas effectiveness, consistency, and account- their first performance reports. The ability in Government programs and serv- in 1990 to 26 problem areas today. Only plans and reports that agencies have ices, and shall include and be limited to pro- one high-risk problem has been re- submitted under the Results Act, while posals to— moved since 1995. Ten of the 14 original far from perfect, should provide a more (1) consolidate or reorganize programs, de- high-risk problems are still on the list comprehensive framework for review- partments, and agencies in order to— today—a full decade later. Likewise, ing Federal missions and performance (A) improve the effective implementation inspectors general identify much the than we have had before. of their statutory missions; same critical performance problems in I am pleased that Senators (B) eliminate activities not essential to their agencies year after year. Collec- the effective implementation of statutory LIEBERMAN and VOINOVICH are joining missions; tively, these core performance prob- me in introducing the bill today, and I (C) reduce the duplication of activities lems cost Federal taxpayers countless thank them for the time and staff they among agencies; or billions of dollars each year in outright have devoted to the effort. I look for- (D) reduce layers of organizational hier- waste. They also exact an incalculable ward to working with them on this im- archy and personnel where appropriate to toll on the ability of agencies to carry portant legislation. improve the effective implementation of out their missions and serve the needs I ask unanimous consent that the statutory missions and increase account- of our citizens. Government for the 21st Century Act, ability for performance; (2) improve and strengthen management Of course, meaningful reform of the along with a brief summary and sec- Federal Government will not come capacity in departments and agencies (in- tion-by-section analysis, be printed in cluding central management agencies) to from simply reshuffling current organi- the RECORD. maximize productivity, effectiveness, and ac- zational boxes and redistributing cur- There being no objection, the mate- countability; rent programs. We need to conduct a rial was ordered to be printed in the (3) propose criteria for use by the President fundamental review of what Wash- RECORD, as follows: and Congress in evaluating proposals to es- tablish, or to assign a function to, an execu- ington does and why. Our Founding Fa- S. 2306 thers envisioned a government of de- tive entity, including a Government corpora- Be it enacted by the Senate and House of Rep- tion or Government-sponsored enterprise; fined and limited powers. Imagine their resentatives of the United States of America in dismay if they knew the size and scope (4) define the missions, roles, and respon- Congress assembled, sibilities of any new, reorganized, or consoli- of the Federal government today. We SECTION 1. SHORT TITLE AND PURPOSE. dated department or agency proposed by the need to return to the limited but effec- (a) SHORT TITLE.—This Act may be cited as Commission; tive government that the Founders in- the ‘‘Government for the 21st Century Act’’. (5) eliminate the departments or agencies tended. This means divesting the Fed- (b) PURPOSE.— whose missions and functions have been de- eral Government of functions it is not (1) IN GENERAL.—The purpose of this Act is termined to be— well suited to perform. However, it also to reduce the cost and increase the effective- (A) obsolete, redundant, or complete; or means ensuring that the Federal Gov- ness of the Federal Government by reorga- (B) more effectively performed by other ernment does a better job of per- nizing departments and agencies, consoli- units of government (including other Federal dating redundant activities, streamlining op- departments and agencies and State and forming those core constitutional func- erations, and decentralizing service delivery local governments) or by the private sector; tions for which our citizens must rely in a manner that promotes economy, effi- and on it. ciency, and accountability in Government (6) establish criteria for use by the Presi- The commission established in the programs. This Act is intended to result in a dent and Congress in evaluating proposals to legislation we are introducing today is Federal Government that— privatize, or to contract with the private

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.080 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1819 sector for the performance of, functions cur- traveltime) during which the chairman is en- fiscal year 2000, and $5,000,000 for each of fis- rently administered by the Federal Govern- gaged in the performance of duties vested in cal years 2001 through 2003 to enable the ment. the Commission. Commission to carry out its duties under (c) LIMITATIONS ON COMMISSION REC- (B) MEMBERS.—Except for the chairman this Act. OMMENDATIONS.—The Commission’s rec- who shall be paid as provided under subpara- (o) TERMINATION.—The Commission shall ommendations or proposals under this Act graph (A), each member of the Commission terminate no later than September 30, 2003. may not provide for or have the effect of— who is not a Federal officer or employee SEC. 4. PROCEDURES FOR MAKING REC- (1) continuing an agency beyond the period shall be paid at a rate equal to the daily OMMENDATIONS. authorized by law for its existence; equivalent of the minimum annual rate of (a) PRESIDENTIAL RECOMMENDATIONS.—No (2) continuing a function beyond the period basic pay payable for level IV of the Execu- later than July 1, 2001, the President may authorized by law for its existence; tive Schedule under section 5315 of title 5, submit to the Commission a report making (3) authorizing an agency to exercise a United States Code, for each day (including recommendations consistent with the cri- function which is not already being per- traveltime) during which the member is en- teria under section 3 (b) and (c). Such a re- formed by any agency; gaged in the performance of duties vested in port shall contain a single legislative pro- (4) eliminating the enforcement functions the Commission. posal (including legislation proposed to be of an agency, except such functions may be (2) TRAVEL.—Members of the Commission enacted) to implement those recommenda- transferred to another executive department shall receive travel expenses, including per tions for which legislation is necessary or or independent agency; or diem in lieu of subsistence, in accordance appropriate. (5) adding, deleting, or changing any rule with sections 5702 and 5703 of title 5, United (b) IN GENERAL.—No later than December of either House of Congress. States Code. 1, 2002, the Commission shall prepare and (d) APPOINTMENT.— (i) DIRECTOR.— submit a single preliminary report to the (1) MEMBERS.—The Commissioners shall be (1) APPOINTMENT.—The Chairman of the President and Congress, which shall appointed for the life of the Commission and Commission shall appoint a Director of the include— shall be composed of nine members of Commission without regard to section 5311(b) (1) a description of the Commission’s find- whom— of title 5, United States Code. ings and recommendations, taking into ac- (A) three shall be appointed by the Presi- (2) PAY.—The Director shall be paid at the count any recommendations submitted by dent of the United States; rate of basic pay payable for level IV of the the President to the Commission under sub- (B) two shall be appointed by the Speaker Executive Schedule under section 5315 of section (a); and of the House of Representatives; title 5, United States Code. (2) reasons for such recommendations. (C) one shall be appointed by the minority (j) STAFF.— (c) COMMISSION VOTES.—No legislative pro- Leader of the House of Representatives; (1) APPOINTMENT.—The Director may, with posal or preliminary or final report (includ- (D) two shall be appointed by the majority the approval of the Commission, appoint and ing a final report after disapproval) may be Leader of the Senate; and fix the pay of employees of the Commission submitted by the Commission to the Presi- (E) one shall be appointed by the minority without regard to the provisions of title 5, dent and Congress without the affirmative Leader of the Senate. United States Code, governing appointment vote of at least 6 members. (2) CONSULTATION REQUIRED.—The Presi- in the competitive service, and any Commis- (d) DEPARTMENT AND AGENCY COOPERA- dent, the Speaker of the House of Represent- sion employee may be paid without regard to TION.—All Federal departments, agencies, atives, the minority leader of the House of the provisions of chapter 51 and subchapter and divisions and employees of all depart- Representatives, the majority leader of the III of chapter 53 of that title relating to clas- ments, agencies, and divisions shall cooper- Senate, and the minority leader of the Sen- sification and General Schedule pay rates, ate fully with all requests for information ate shall consult among themselves prior to except that a Commission employee may not from the Commission and shall respond to the appointment of the members of the Com- receive pay in excess of the annual rate of any such requests for information expedi- mission in order to achieve, to the maximum basic pay payable for level V of the Execu- tiously, or no later than 15 calendar days or extent possible, fair and equitable represen- tive Schedule under section 5316 of title 5, such other time agreed upon by the request- tation of various points of view with respect United States Code. ing and requested parties. to the matters to be studied by the Commis- (2) DETAIL.— sion under subsection (b). SEC. 5. PROCEDURE FOR IMPLEMENTATION OF (A) DETAILS FROM AGENCIES.—Upon request REPORTS. (3) CHAIRMAN.—At the time the President of the Director, the head of any Federal de- (a) PRELIMINARY REPORT AND REVIEW PRO- nominates individuals for appointment to partment or agency may detail any of the CEDURE.—Any preliminary report submitted the Commission the President shall des- personnel of the department or agency to the to the President and Congress under section ignate one such individual who shall serve as Commission to assist the Commission in car- 4(b) shall be made immediately available to Chairman of the Commission. rying out its duties under this Act. the public. During the 60-day period begin- (4) MEMBERSHIP.—A member of the Com- (B) DETAILS FROM CONGRESS.—Upon request ning on the date on which the preliminary mission may be any citizen of the United of the Director, a Member of Congress or an report is submitted, the Commission shall States who is not an elected or appointed officer who is the head of an office of the announce and hold public hearings for the Federal public official, a Federal career civil Senate or House of Representatives may de- purpose of receiving comments on the re- servant, or a congressional employee. tail an employee of the office or committee ports. (5) CONFLICT OF INTERESTS.—For purposes of which such Member or officer is the head (b) FINAL REPORT.—No later than 6 months of the provisions of chapter 11 of part I of to the Commission to assist the Commission after the conclusion of the period for public title 18, United States Code, a member of the in carrying out its duties under this Act. hearing under subsection (a), the Commis- Commission (to whom such provisions would (C) REIMBURSEMENT.—Any Federal Govern- sion shall prepare and submit a final report not otherwise apply except for this para- ment employee may be detailed to the Com- to the President. Such report shall be made graph) shall be a special Government em- mission with or without reimbursement, and available to the public on the date of submis- ployee. such detail shall be without interruption or sion to the President. Such report shall (6) DATE OF APPOINTMENTS.—All members loss of civil service status or privilege. include— of the Commission shall be appointed within (k) SUPPORT.— (1) a description of the Commission’s find- 90 days after the date of enactment of this (1) SUPPORT SERVICES.—The Office of Man- ings and recommendations, including a de- Act. agement and Budget shall provide support scription of changes made to the report as a (e) TERMS.—Each member shall serve until services to the Commission. result of public comment on the preliminary the termination of the Commission. (2) ASSISTANCE.—The Comptroller General report; (f) VACANCIES.—A vacancy on the Commis- of the United States may provide assistance, (2) reasons for such recommendations; and sion shall be filled in the same manner as including the detailing of employees, to the (3) a single legislative proposal (including was the original appointment. Commission in accordance with an agree- legislation proposed to be enacted) to imple- (g) MEETINGS.—The Commission shall meet ment entered into with the Commission. as necessary to carry out its responsibilities. (l) OTHER AUTHORITY.—The Commission ment those recommendations for which leg- The Commission may conduct meetings out- may procure by contract, to the extent funds islation is necessary or appropriate. side the District of Columbia when nec- are available, the temporary or intermittent (c) EXTENSION OF FINAL REPORT.—By af- essary. services of experts or consultants pursuant firmative vote pursuant to section 4(c), the (h) PAY AND TRAVEL EXPENSES.— to section 3109 of title 5, United States Code. Commission may extend the deadline under (1) PAY.— The Commission shall give public notice of subsection (b) by a period not to exceed 90 (A) CHAIRMAN.—Except for an individual any such contract before entering into such days. who is chairman of the Commission and is contract. (d) REVIEW BY THE PRESIDENT.— otherwise a Federal officer or employee, the (m) APPLICATION OF FEDERAL ADVISORY (1) IN GENERAL.— chairman shall be paid at a rate equal to the COMMITTEE ACT.—The Commission shall be (A) PRESIDENTIAL ACTION.—No later than 30 daily equivalent of the minimum annual rate subject to the provisions of the Federal Advi- calendar days after receipt of a final report of basic pay payable for level III of the Exec- sory Committee Act (5 U.S.C. App.). under subsection (b), the President shall ap- utive Schedule under section 5314 of title 5, (n) FUNDING.—There are authorized to be prove or disapprove the report. United States Code, for each day (including appropriated to the Commission $2,500,000 for (B) PRESIDENTIAL INACTION.—

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(i) IN GENERAL.—If the President does not (1) IN GENERAL.—On or after the fifth cal- (f) RULES OF THE SENATE AND HOUSE.—This approve or disapprove the final report within endar day after the date on which an imple- section is enacted by Congress— 30 calendar days in accordance with subpara- mentation bill is placed on the Senate cal- (1) as an exercise of the rulemaking power graph (A), Congress shall consider the report endar under subsection (b)(3), it is in order of the Senate and House of Representatives, in accordance with clause (ii). (even if a previous motion to the same effect respectively, and as such it is deemed a part (ii) SUBMISSION.—Subject to clause (i), the has been disagreed to) for any Senator to of the rules of each House, respectively, but Commission shall submit the final report, make a motion to proceed to the consider- applicable only with respect to the procedure without further modification, to Congress on ation of the implementation bill. The motion to be followed in that House in the case of an the date occurring 31 calendar days after the is not debatable. All points of order against implementation bill described in subsection date on which the Commission submitted the the implementation bill (and against consid- (a), and it supersedes other rules only to the final report to the President under sub- eration of the implementation bill) other extent that it is inconsistent with such section (b). than points of order under Senate Rule 15, 16, rules; and (2) APPROVAL.—If the report is approved, or for failure to comply with requirements of (2) with full recognition of the constitu- the President shall submit the report to Con- this section are waived. The motion is not tional right of either House to change the gress for legislative action under section 6. subject to a motion to postpone. A motion to rules (so far as relating to the procedure of (3) DISAPPROVAL.—If the President dis- reconsider the vote by which the motion to that House) at any time, in the same man- approves a final report, the President shall proceed is agreed to or disagreed to shall not ner, and to the same extent as in the case of report specific issues and objections, includ- be in order. If a motion to proceed to the any other rule of that House. ing the reasons for any changes rec- consideration of the implementation bill is SEC. 7. IMPLEMENTATION. ommended in the report, to the Commission agreed to, the Senate shall immediately pro- (a) RESPONSIBILITY FOR IMPLEMENTATION.— and Congress. ceed to consideration of the implementation The Director of the Office of Management (4) FINAL REPORT AFTER DISAPPROVAL.—The bill. and Budget shall have primary responsibility Commission shall consider any issues or ob- (2) DEBATE.—In the Senate, no amendment for implementation of the Commission’s re- jections raised by the President and may which is not relevant to the bill shall be in port and the Act enacted under section 6 (un- modify the report based on such issues and order. A motion to postpone is not in order. less such Act provides otherwise). The Direc- objections. No later than 30 calendar days A motion to recommit the implementation tor of the Office of Management and Budget after receipt of the President’s disapproval bill is not in order. A motion to reconsider shall notify and provide direction to heads of under paragraph (3), the Commission shall the vote by which the implementation bill is affected departments, agencies, and pro- submit the final report (as modified if modi- agreed to or disagreed to is not in order. grams. The head of an affected department, fied) to the President and to Congress. (3) APPEALS FROM CHAIR.—Appeals from the agency, or program shall be responsible for SEC. 6. CONGRESSIONAL CONSIDERATION OF RE- decisions of the Chair relating to the appli- implementation and shall proceed with the FORM PROPOSALS. cation of the rules of the Senate to the pro- recommendations contained in the report as (a) DEFINITIONS.—For purposes of this cedure relating to an implementation bill section— provided under subsection (b). shall be decided without debate. (1) the term ‘‘implementation bill’’ means (b) DEPARTMENTS AND AGENCIES.—After the only a bill which is introduced as provided (d) CONSIDERATION IN THE HOUSE OF REP- enactment of an Act under section 6, each af- under subsection (b), and contains the pro- RESENTATIVES.— fected Federal department and agency as a posed legislation included in the final report (1) IN GENERAL.—At any time on or after part of its annual budget request shall trans- submitted to the Congress under section 5(d) the fifth calendar day after the date on mit to the appropriate committees of Con- (1)(B), (2), or (4), without modification; and which each committee of the House of Rep- gress its schedule for implementation of the (2) the term ‘‘calendar day’’ means a cal- resentatives to which an implementation bill provisions of the Act for each fiscal year. In endar day other than one on which either is referred has reported that bill, or has been addition, the report shall contain an esti- House is not in session because of an ad- discharged under subsection (b)(3) from fur- mate of the total expenditures required and journment of more than three days to a date ther consideration of that bill, the Speaker the cost savings to be achieved by each ac- certain. may, pursuant to clause 1(b) of rule XXIII, tion, along with the Secretary’s assessment (b) INTRODUCTION, REFERRAL, AND REPORT declare the House resolved into the Com- of the effect of the action. The report shall OR DISCHARGE.— mittee of the Whole House on the State of also include a report of any activities that (1) INTRODUCTION.—On the first calendar the Union for the consideration of that bill. have been eliminated, consolidated, or trans- day on which both Houses are in session, on All points of order against the bill, the con- ferred to other departments or agencies. or immediately following the date on which sideration of the bill, and provisions of the (c) GAO OVERSIGHT.—The Comptroller Gen- a final report is submitted to the Congress bill shall be waived, and the first reading of eral shall periodically report to Congress and under section 5(d) (1)(B), (2), or (4), a single the bill shall be dispensed with. After gen- the President regarding the accomplishment, implementation bill shall be introduced (by eral debate, which shall be confined to the the costs, the timetable, and the effective- request)— bill and which shall not exceed 10 hours, to ness of the implementation of any Act en- (A) in the Senate by the Majority Leader be equally divided and controlled by the Ma- acted under section 6. of the Senate, for himself and the Minority jority Leader and the Minority Leader, the SEC. 8. DISTRIBUTION OF ASSETS. Leader of the Senate, or by Members of the bill shall be considered for amendment by Any proceeds from the sale of assets of any Senate designated by the Majority Leader title under the five-minute rule and each department or agency resulting from the en- and Minority Leader of the Senate; and title shall be considered as having been read. actment of an Act under section 6 shall be— (B) in the House of Representatives by the (2) AMENDMENTS.—Each amendment shall (1) applied to reduce the Federal deficit; Majority Leader of the House of Representa- be considered as having been read, shall not and tives, for himself and the Minority Leader of be subject to a demand for a division of the (2) deposited in the Treasury and treated the House of Representatives, or by Members question in the House or in the Committee of as general receipts. of the House of Representatives designated the Whole, and shall be debatable for not to by the Majority Leader and Minority Leader exceed 30 minutes, equally divided and con- GOVERNMENT FOR THE 21ST CENTURY ACT— of the House of Representatives. trolled by the proponent and a Member op- BRIEF SUMMARY (2) REFERRAL.—The implementation bills posed thereto, except that the time for con- This legislation will reduce the cost and introduced under paragraph (1) shall be re- sideration, including debate and disposition, increase the effectiveness of the Federal gov- ferred to the appropriate committee of juris- of all amendments to the bill shall not ex- ernment. It achieves this by establishing a diction in the Senate and the appropriate ceed 20 hours. commission to submit to Congress and the committee of jurisdiction in the House of (3) FINAL PASSAGE.—At the conclusion of President a plan to bring the structure and Representatives. A committee to which an the consideration of the bill, the Committee operations of the Federal government in line implementation bill is referred under this shall rise and report the bill to the House with the needs of Americans in the new cen- paragraph may report such bill to the respec- with such amendments as may have been tury. tive House with amendments proposed to be agreed to, and the previous question shall be Duties of the Commission: The Commis- adopted. No such amendment may be pro- considered as ordered on the bill and amend- sion is authorized under this legislation to posed unless such proposed amendment is ments thereto to final passage without inter- propose the reorganization of Federal depart- relevant to such bill. vening motion except one motion to recom- ments and agencies, the elimination of ac- (3) REPORT OR DISCHARGE.—If a committee mit. tivities not essential to fulfilling agency to which an implementation bill is referred (e) CONFERENCE.— missions, the streamlining of government has not reported such bill by the end of the (1) APPOINTMENT OF CONFEREES.—In the operations, and the consolidation of redun- 30th calendar day after the date of the intro- Senate, a motion to elect or to authorize the dant activities. duction of such bill, such committee shall be appointment of conferees by the presiding of- The Commission would not be authorized immediately discharged from further consid- ficer shall not be debatable. to continue any agency or function beyond eration of such bill, and upon being reported (2) CONFERENCE REPORT.—No later than 20 its current life, authorize functions not per- or discharged from the committee, such bill calendar days after the appointment of con- formed already by the Federal government, shall be placed on the appropriate calendar. ferees, the conferees shall report to their re- eliminate enforcement functions, or change (c) SENATE CONSIDERATION.— spective Houses. the rules of Congress.

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.073 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1821 Composition of the Commission: The Com- clude detailees. The Office of Management immediately discharged from further consid- mission would consist of 9 members ap- and Budget shall provide support services eration and the bill is placed on the appro- pointed by the President and the Congres- and the Comptroller General may provide as- priate calendar. sional leadership of both parties. sistance to the Commission. Section 6(c) outlines procedures for Senate How the Commission works: The process This section authorizes $2.5 million to be floor consideration of legislation imple- established in this legislation is bipartisan, appropriated in fiscal year 2000 and $5 mil- menting the Commission’s recommenda- allows input by the President, and is fully lion each for fiscal years 2001 through 2003 tions. On or after the fifth calendar day after open and public. for the Commission to carry out its duties. It the date on which the implementation bill is The Commission report: By July 1, 2001, also provides that the Commission shall ter- placed on the Senate calendar, any Senator the President may submit his recommenda- minate no later than September 30, 2003. may make a privileged motion to consider tions to the Commission. By December 1, SECTION 4. PROCEDURES FOR MAKING the implementation bill. Only relevant 2002, the Commission shall submit to the RECOMMENDATIONS amendments shall be in order, and motions President and Congress a preliminary report to postpone, recommit, or reconsider the By July 1, 2001, the President may submit containing recommendations on restruc- vote by which the bill is agreed to are not in his recommendations on government reorga- turing the Federal Government. After a pub- order. nization to the Commission. The President’s lic comment period, the Commission shall Section 6(d) outlines procedures for House recommendations must be consistent with prepare a final report and submit it to the floor consideration of legislation imple- the duties and limitations given to the Com- President for review and comment. menting the Commission’s recommenda- mission in formulating its recommendations Presidential review and comment: The tions. General debate on the implementation and must be transmitted to the Commission President has 30 days to approve or dis- bill is limited to 10 hours equally divided, as a single legislative proposal. approve the Commission’s report. The Com- and controlled by the Majority and Minority By December 1, 2002, the commission shall mission decides whether or not to modify its Leaders. Amendments shall be considered by prepare and submit a single preliminary re- report based on the President’s comments, title under the five minute rule, and shall be port to the President and Congress. That re- and shall issue a final report to Congress. debatable for 30 minutes equally divided. De- port must include a description of the Com- Congressional consideration: The final re- bate on all amendments shall not exceed 20 mission’s findings and recommendations and port shall be introduced in both Houses by hours. the reasons for such recommendations. The request and referred to the appropriate com- This section further states that within 20 proposal must be approved by at lest 6 mem- mittee(s). After 30 days, the bills may be calendar days, conferees shall report to their bers of the Commission. considered by the full House and Senate and respective House. This section also provides that all Federal are subject to amendment. SECTION 7. IMPLEMENTATION departments and agencies must cooperate Implementation: Once legislation effecting fully with requests for information from the The Office of Management and Budget the Commission’s recommendations is en- Commission. shall have primary responsibility for imple- acted, the Office of Management and Budget menting the Commission’s report and any SECTION 5. PROCEDURES FOR IMPLEMENTATION shall be responsible for implementing it. The legislation that is enacted, unless otherwise General Accounting Office shall report to OF REPORTS specified in the implementation bill. Congress on the progress of implementation. This section provides that any preliminary Federal departments and agencies are re- report submitted to the President and the quired to include a schedule for implementa- GOVERNMENT FOR THE 21ST CENTURY ACT— Congress under section 4 be made available tion of the provisions of the implementation SECTION-BY-SECTION ANALYSIS immediately to the public. During the 60-day legislation as a part of their annual budget SECITON 1. SHORT TITLE AND PURPOSE period after the submission of the prelimi- request. nary report, the Commission shall hold pub- This act may be cited as the ‘‘Government GAO is given oversight responsibility and lic hearings to receive comments on the re- for the 21st Century Act.’’ Its purpose is to is required to report to the Congress and the port. reduce the cost and increase the effective- President regarding the accomplishments, Six months after the conclusion of the pe- ness of the Executive Branch. It achieves costs, timetable, and effectiveness of the im- riod for public comments, the Commission this by creating a commission to propose to plementation process. shall submit a final report to the President. Congress and the President a plan to reorga- SECTION 8. DISTRIBUTION OF ASSETS this report shall be made a available to the nize departments and agencies, consolidate Any proceeds from the sale of assets of any public and shall include a description of the redundant activities, streamline operations, department or agency resulting from the im- Commission’s findings and recommenda- and decentralize service delivery in a man- plementation legislation shall be deposited tions, the reasons for such recommendations, ner that promotes economy, efficiency, and in the treasury and treated as general re- and a single legislative proposal to imple- accountability in government programs. ceipts. ment the recommendations. SECTION 2. DEFINITIONS The President shall then approve or dis- Mr. LIEBERMAN. Mr. President, I This section defines ‘‘agency’’ to include approve the report within 30 days. If he fails am pleased to join with Senators all Federal departments, independent agen- to act after 30 days, the report is imme- THOMPSON, VOINOVICH, BROWNBACK and cies, government-sponsored enterprises and diately submitted to Congress. If the Presi- ROTH today to introduce the Govern- government corporations, and defines ‘‘pri- dent approves the report, he then shall sub- ment for the 21st Century Act. This bill vate sector’’ as any business, partnership, as- mit the report to Congress for legislative ac- provides an opportunity to address the sociation, corporation, educational institu- tion under section 6. challenges our government will face in tion, nonprofit organization, or individual. If he disapproves the final report, the the new millennium. Our country is SECTION 3. THE COMMISSION President shall report specific issues and ob- jections, including the reasons for any undergoing rapid changes—changes This section establishes a commission, changes recommended in the report, to the brought about by technological ad- known as the Commission on Government Commission and Congress. For 30 days after vancements, by our expanding and in- Restructuring and Reform, to make rec- the President disapproves a report, the Com- ommendations to reform and restructure the creasingly global economy, and by the mission may consider any issues and objec- Executive Branch. The Commission shall new and more diverse threats to our tions raised by the President and may mod- make proposals to consolidate, reorganize or nation and our world. It is essential for ify the report with respect to these issues eliminate Executive Branch agencies and our government to be prepared to re- and objections. After 30 days, the Commis- programs in order to improve effectiveness, sion must submit its final report (as modi- spond effectively to these challenges. efficiency, consistency and accountability in fied if modified) to the President and Con- We should take the opportunity now government. The Commission shall also rec- gress. to rethink the structure of our govern- ommend criteria by which to determine ment to be sure it can meet the needs which functions of government should be SECTION 6. CONGRESSIONAL CONSIDERATION OF privatized. The Commission may not propose REFORM PROPOSALS of our citizens in the years to come. to continue agencies or functions beyond After a final report is submitted to the The Commission that will be estab- their current legal authorization, nor may Congress, single implementation bill shall be lished under this bill will have a crit- the Commission propose to eliminate en- introduced by request in the House and Sen- ical task—to study the current shape forcement functions entirely or change the ate by the Majority and Minority Leaders in of our government and to make rec- rules of either House of Congress. each chamber or their designees. ommendations about how we can im- The Commission shall be composed of 9 This section stipulates that the implemen- prove its efficiency and effectiveness, members appointed as follows: Three by the tation bill be referred to the appropriate streamline its operations, and elimi- President, two by the Majority Leader of the committee of jurisdiction in the House and Senate, two by the Speaker of the House of Senate. Each committee must report the bill nate unnecessary duplication. Representatives, and one each by the Minor- to its respective House chamber within 30 I view the bill we are introducing ity Leaders of the Senate and House. days, with relevant amendments proposed to today as a discussion draft. Our goal is The Commission shall be managed by a Di- be adopted. If a committee fails to report to hear from a wide range of experts on rector and shall have a staff, which may in- such a bill within 30 days, that committee is government and management. I look

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.074 pfrm01 PsN: S28PT1 S1822 CONGRESSIONAL RECORD — SENATE March 28, 2000 forward to reviewing new ideas that If we fail to act, rural America will prior reductions but would protect will enhance the value of the Commis- be left behind once again. As the econ- safety net hospitals from further DSH sion’s work. For example, I intend to omy moves further and further towards cuts. As a result, hospitals would have recommend that the Commission fo- online transactions and communica- access to the financing they need for cuses on the enormous potential ben- tions, rural America must be able to achieving their social mission. efit of ‘‘E-government.’’ The Commis- participate. Historically, our economy Mr. President, Congress should act sion should consider how government has been defined by geography, and we now to preserve the financial ability of can be restructured to promote the in- in Congress were powerless to do any- our safety net hospitals to provide novative use of information tech- thing about it. Where there were ports, health care to the poor and uninsured/ nology. American citizens increasingly towns and businesses got their start. I ask unanimous consent that the expect services and information to be Where there were railroad tracks, text of the bill be printed in the provided electronically through Inter- towns and businesses grew up around RECORD. net-based technology. While the federal them. The highway system brought the There being no objection, the bill was government is working to take advan- same evolution. ordered to be printed in the RECORD, as tage of the opportunities technology But the Internet is changing all of follows: presents to do its job better, more that. No longer must economic growth S. 2308 needs to be done to fully integrate be defined by geographic fiat. Tele- Be it enacted by the Senate and House of Rep- these capabilities and to offer services communications industries and policy- resentatives of the United States of America in and information to Americans in a makers are proclaiming, ‘‘Distance is Congress assembled, more accessible and cost-effective way. dead!’’ But, that’s not quite right: Dis- SECTION 1. SHORT TITLE. I look forward to working with Sen- This Act may be cited as the ‘‘Medicaid tance will be dead, as long as Congress Safety Net Hospital Act of 2000’’. ators THOMPSON, BROWNBACK, ROTH and ensures that broadband services are VOINOVICH on this important SEC. 2. FREEZING MEDICAID DSH ALLOTMENTS available to all parts of America, urban FOR FISCAL YEAR 2001 AT LEVELS legislation. and rural. FOR FISCAL YEAR 2000. Section 1923(f) of the Social Security Act By Mr. DORGAN (for himself, Mr. I look forward to working with Sen- ator DASCHLE, Senator BAUCUS, Sen- (42 U.S.C. 1396r–4(f)) is amended— DASCHLE, Mr. BAUCUS, Mr. (1) in paragraph (2)— ator JOHNSON and my other colleagues JOHNSON, and Mr. HARKIN): (A) in the heading, by striking ‘‘2002’’ and S. 2307. A bill to amend the Commu- in the Senate to pass this legislation inserting ‘‘2001’’; nications Act of 1934 to encourage and give rural America a fair chance to (B) in the matter preceding the table, by broadband deployment to rural Amer- survive. striking ‘‘2002’’ and inserting ‘‘2001 (and the ica, and for other purposes; to the Com- DSH allotment for a State for fiscal year By Mr. MOYNIHAN (for himself, mittee on Commerce, Science, and 2001 is the same as the DSH allotment for the Mr. GRAHAM, and Mrs. FEIN- State for fiscal year 2000, as determined Transportation. STEIN): under the following table)’’; and RURAL BROADBAND ENHANCEMENT ACT S. 2308. A bill to amend title XIX of (C) by striking the columns in the table re- Mr. DORGAN. Mr. President, today I the Social Security Act to assure pres- lating to FY 01 and FY 02 (fiscal years 2001 am, along with Senator DASCHLE, Sen- ervation of safety net hospitals and 2002); and ator BAUCUS and Senator JOHNSON, in- (2) in paragraph (3)— through maintenance of the Medicaid troducing the Rural Broadband En- (A) in the heading, by striking ‘‘2003’’ and disproportionate share hospital pro- hancement Act to deploy broadband inserting ‘‘2002’’; and gram; to the Committee on Finance. technology to rural America. As the (B) in subparagraph (A), by striking ‘‘2003’’ demand for high speed Internet access THE MEDICAID SAFETY NET HOSPITAL ACT OF and inserting ‘‘2002’’. 2000 grows, numerous companies are re- Mrs. FEINSTEIN. Mr. President, I Mr. MOYNIHAN. Mr. President, sponding in areas of dense population. rise today in support of the Medicaid While urban America is quickly gain- today, I join with my colleagues, Sen- Safety Net Hospital Act of 2000, a bill ing high speed access, rural America ators GRAHAM and FEINSTEIN, in intro- that would freeze Medicaid Dispropor- is—once again—being left behind. En- ducing legislation to ensure that our tionate Share Hospital (DSH) pay- suring that all Americans have the safety net hospitals continue to be able ments to hospitals at their 2000 level technological capability is essential in to care for the poor and the uninsured. for Fiscal Year 2001 and 2002. I hope the this digital age. It is not only an issue The Medicaid Disproportionate Share Senate can act promptly on this bill. of fairness, but it is also an issue of Hospital (DSH) program provides vital The number of people in our nation economic survival. funding to safety net hospitals that who have no medical insurance has hit To remedy the gap between urban primarily serve Medicaid and unin- some 44 million. This is tragic. More and rural America, this legislation sured patients. The Balanced Budget than 100,000 people join the ranks of gives new authority to the Rural Utili- Act of 1997 placed declining state-speci- the uninsured monthly. We cannot con- ties Service to make low interest loans fied ceilings on federal Medicaid DSH tinue to reduce payments to hospitals to companies that are deploying spending from 1998–2002. In 2003, the that provide care for the uninsured. We broadband technology to rural Amer- limits will begin to be adjusted up- cannot balance the budget on the backs ica. Loans are made on a company neu- wards for inflation. The Medicaid Safe- of poor people who show up at emer- tral and a technology neutral basis so ty Net Hospital Act of 2000 would freeze gency rooms with no insurance or on that companies that want to serve the state-specific caps at this year’s the backs of the hospitals that tend to these areas can do so by employing limits (thereby preventing further de- them. technology that is best suited to a par- clines in the limits) and adjust them California bears a disproportionate ticular area. Without this program, for inflation beginning in 2002. burden of uncompensated care. Twen- market forces will pass by much of It is essential to provide much-need- ty-four percent of our population is un- America, and that is unacceptable. ed support to our safety net hospitals. insured. Nationwide, the rate is 17 per- This issue is not a new one. When we The number of uninsured in the United cent. Currently, over 7 million Califor- were faced with electrifying all of the States increases every year, in part be- nians are uninsured. During the past country, we enacted the Rural Elec- cause of declining Medicaid enrollment few months, I have met with many trification Act. When telephone service as a result of welfare reform. There are California health care leaders. They was only being provided to well-popu- now 44 million Americans without fear that the Medicaid cuts contained lated communities, we expanded the health insurance who have no choice in the Balanced Budget Act of 1997 Rural Electrification Act and created but to turn to the emergency rooms of have undermined the financial sta- the Rural Utilities Service to oversee safety net hospitals for care. Yet, even bility of California’s health care sys- rural telephone deployment. The equi- as demands on safety net hospitals in- tem, which many believe to be on the table deployment of broadband services crease, DSH spending per State is being verge of collapse. is only the next step in keeping Amer- further reduced. The Medicaid Safety As a result of Medicaid reductions in ica connected, and our legislation Net Hospital Act of 2000 would main- the Balanced Budget Act of 1997, Cali- would ensure that. tain significant savings achieved by fornia’s Medicaid Disproportionate

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.067 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1823 Share Hospital program could lose icaid patients, sixty-nine percent of More than 40 years ago, the Corps more than $280 million by 2002. Federal California’s rural hospitals lost money built dams up and down the Missouri Medicaid DSH payments to California in 1998, according to the California River in order to harness hydroelectric have declined by more than $116 mil- Healthcare Association. power. In return, it promised to man- lion in the past two years and are slat- Hospitals have laid off staff, limited age the river wisely and efficiently. ed to be cut by an additional $164 mil- hours of operation, and discontinued That promise has not been kept. lion—17 percent—over the next two services. Silt has built up, choking the river in years. California physician groups are fail- several spots. Without this bill, for example, by ing at the rate of one a week, with 115 In recent years, studies have been Fiscal Year 2002 Los Angeles County- bankruptcies or closures since 1996. done to determine how to restore the University of Southern California Med- In short, restoring Medicaid cuts is river to health. An overwhelming ical Center will lose $13.5 million. San crucial to stabilizing California’s amount of scientific and technical data Francisco General will lose $5.2 mil- health delivery system. all point to the same conclusion. lion. Fresno Community Hospital will Circumstances have changed since The flow of the river should more lose $10.5 million. Over 132 California 1997 when we passed the Balanced closely mimic nature. Flows should be hospitals, representing rural and urban Budget Act. We have eliminated the higher in the spring, and lower in the communities, depend on Medicaid DSH federal deficit. Because we have a ro- summer—just as they are in nature. payments. Under this bill, millions of bust economy, lower inflation, higher Yet the Corps proposes to continue dollars will be restored to California GDP growth and lower unemployment, doing largely what it has been doing all public hospitals. we also have lowered Medicaid spend- these years—knowing the con- Public hospitals carry a dispropor- ing growth more than anticipated. This sequences, knowing exactly what the tionate share of caring for the poor and climate provides us an opportunity to practices have produced now for the uninsured. Forty percent of all Cali- revisit the reductions contained in the last 50-plus years. fornia uninsured hospital patients were Balanced Budget Act of 1997 and to The agency’s refusal to change will treated at public hospitals in 1998, up strengthen the stability of health care further jeopardize endangered species. from 32 percent in 1993. The uninsured services, a system that in my State is And, it will continue to erode the rec- as a share of all discharges from public on the verge of unraveling. reational value of the river, which is 12 We need to pass this bill. Without it, hospitals grew from 22 percent in 1993 times more important to the economy we could have a more severe health to 29 percent in 1998. While overall pub- than its navigational value. care crisis on our hands, especially in lic hospital discharges declined from Why does the Corps insist—despite California. I urge my colleagues to join 1993 to 1999 by 15 percent, discharges all the evidence—on this course? me in passing this bill. for uninsured patients increased by 11 It does it to protect the barge indus- percent. Large numbers of uninsured By Mr. DASCHLE: try—a $7 million-a-year industry that add huge uncompensated costs to our S. 2309. A bill to establish a commis- American taxpayers already spend $8 public hospitals. sion to assess the performance of the million a year to support. $8 million. The uninsured often choose public civil works function of the Secretary of That’s how much American taxpayers hospitals and frequently wait until the Army; to the Committee on Envi- pay each year for channel mainte- their illnesses or injuries require emer- ronment and Public Works. nance, to accommodate the barge in- gency treatment. This makes their CORPS OF ENGINEERS CIVIL WORKS dustry. care even more costly. California’s INDEPENDENT INVESTIGATION AND REVIEW ACT The Washington Post suggests that emergency rooms are strained to the Mr. DASCHLE. Mr. President, over the Corps handling of the Missouri breaking point. Last week at a Cali- the last couple of months the Wash- River Master Manual is not an isolated fornia State Senate hearing, Dr. Dan ington Post has published a number of case. Abbott, an emergency room physician very troubling articles about the oper- The Post articles contain allegations at St. Jude Hospital in Fullerton, Cali- ations of the U.S. Army Corps of Engi- by a Corps whistleblower who says that fornia said: ‘‘We feel that emergency neers. a study of proposed upper-Mississippi care in California is overwhelmed, it’s These stories expose the existence of lock expansions was rigged to provide underfunded and at times, frankly, it is independent agendas within the Corps. an economic justification for that bil- out-and-out dangerous.’’ Statewide, 19 They suggest cost-benefit analyses lion-dollar project. emergency rooms have closed since 1997 rigged to justify billion dollar projects; In response to these allegations, the despite an increase in the number of disregard for environmental laws, and Corps’ own Office of Special Counsel uninsured requiring care. The burden a pattern of catering to special inter- concluded that the agency—quote— to provide care is put on those hos- ests. ‘‘probably broke laws and engaged in a pitals who have managed to remain The actions described in the Post ar- gross waste of funds.’’ open, and many of those hospitals are ticles raise serious questions about the In my own dealings with the Corps of currently facing financial problems of accountability of the Corps. And they Engineers, I too have experienced the their own. present a compelling case for a thor- institutional problems recorded so California’s health care system, in ough review of the agency’s operations starkly in the Post series. the words of a November 15th Wall and management. In South Dakota, where the Corps op- Street Journal article, is a ‘‘chaotic And it is not only the Post articles erates four hydroelectric dams, we and discombobulated environment.’’ It that cause me to believe this. have fought for more than 40 years to is stretched to the limit: The Corps’ current effort to update force the agency to meet its respon- Thirty-seven California hospitals the Missouri River Master Control sibilities under the 1958 Fish and Wild- have closed since 1996, and up to 15 per- Manual—the policy document that gov- life Coordination Act and mitigate the cent more may close by 2005. erns the Corps’ management of the loss of wildlife habitat resulting from Earlier this month, Scripps Memorial river from Montana to Missouri—illus- the construction of those dams. Hospital East County closed its doors trates not only that the Corps can be For 40 years, the Corps has failed to due in part to reimbursement prob- indifferent to the environment. Too meet those responsibilities. lems. often, it actually erects institutional That is why I have worked closely Eighty-six California hospitals oper- barriers that make achieving certain with the Governor of my state, Bill ated in the red in 1999. critical ecological goals difficult or im- Janklow, and with many other South Academic medical centers, which possible. Dakotans, to come up with a plan to incur added costs unique to their mis- This ought to be a concern to all transfer of Corps lands back to the sion, are facing margins reduced to Americans. It is a deep concern to state of South Dakota and two Indian zero and below. South Dakotans. The Missouri runs tribes. Sixty-two percent of California hos- down the center of our state and is a Unfortunately, instead of attempting pitals are now losing money. Due to major source of income, recreation and to work with us, the Corps is fighting the large number of Medicare and Med- pride for us. us.

VerDate 20-MAR-2000 02:03 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.069 pfrm01 PsN: S28PT1 S1824 CONGRESSIONAL RECORD — SENATE March 28, 2000 The litany of excuses, scare tactics not one that ignores environmental (1) IN GENERAL.—The Commission shall be and misinformation the Corps em- laws as it chooses. composed of not to exceed 18 members, and ployed to try to defeat our proposal is History does not offer much room for shall include— outrageous. It appears Corps officials confidence that the Army Corps of En- (A) individuals appointed by the President to represent— are not nearly as concerned with pre- gineers can meet these standards under (i) the Department of the Army; serving the river as they are with pre- its current management structure. (ii) the Department of the Interior; serving their own bureaucracy. Therefore, I am introducing legislation (iii) the Department of Justice; After the legislation was enacted, the today to establish an independent (iv) environmental interests; Chief of the Engineers, General Joseph Corps of Engineers Investigation and (v) hydropower interests; Ballard continued to resist its imple- Review Commission. (vi) flood control interests; mentation. In fact, my own experiences The commission will take a hard and (vii) recreational interests; with the Corps, and the experiences of systemic look at the agency and make (viii) navigation interests; (ix) the Council on Environmental Quality; other members, repeatedly dem- recommendations to Congress on need- and onstrates General Ballard’s unwilling- ed reforms. (x) such other affected interests as are de- ness to follow civilian direction and en- It will examine a number of issues, termined by the President to be appropriate; sure the faithful implementation of the including: and law. The effectiveness of civilian control (B) 6 governors from States representing When considered in the context of in the Corps, particularly the effective- different regions of the United States, as de- the litany of problems that have come ness of the relationship between uni- termined by the President. to light in the Post series, Congress formed officers and the Assistant Sec- (2) DATE OF APPOINTMENTS.—The appoint- has no choice but to consider seriously retary for civil works with regard to ment of a member of the Commission shall be made not later than 180 days after the moving the responsibilities of the responsiveness, lines of authority, and date of enactment of this Act. Corps from the Army and placing them coordination; (c) TERM; VACANCIES.— within the Department of the Interior. The Corps’ compliance with environ- (1) TERM.—A member shall be appointed Too much power now is concentrated mental laws—including the Fish and for the life of the Commission. in the hands of the Chief of the Engi- Wildlife Coordination Act, the Endan- (2) VACANCIES.—A vacancy on the neers, and that power too often has gered Species Act and NEPA—in the Commission— been abused. design and operation of projects; (A) shall not affect the powers of the Com- mission; and General Ballard’s lack of responsive- The quality and objectivity of the (B) shall be filled in the same manner as ness to the law, to meeting environ- agency’s scientific and economic anal- the original appointment was made. mental objectives and to civilian direc- ysis; (d) INITIAL MEETING.—Not later than 30 tion, has serious consequences for indi- The extent to which the Corps co- days after the date on which all members of vidual projects. ordinates and cooperates with other the Commission have been appointed, the Beyond that, it raises very troubling state and federal agencies in designing Commission shall hold the initial meeting of questions about the lack of meaningful and implementing projects; the Commission. (e) MEETINGS.—The Commission shall meet civilian control over this federal agen- The appropriateness of the agency’s at the call of the Chairperson. cy. size, budget and personnel; and (f) QUORUM.—A majority of the members of In a democracy, institutions of gov- Whether the civil works program should be the Commission shall constitute a quorum, ernment must be held accountable. transferred from the Corps to a civilian but a lesser number of members may hold That is the job of Congress—to hold agency, and whether certain responsibilities hearings. them responsible. should be privatized. (g) CHAIRPERSON AND VICE CHAIRPERSON.— (1) IN GENERAL.—The President shall select The existence of separate agendas Mr. President, I urge my colleagues to review this legislation. a Chairperson and Vice Chairperson from within the Corps bureaucracy cannot among the members of the Commission. be tolerated if our democracy is to suc- It is my hope that all those who care about the integrity of the Army Corps (2) NO CORPS REPRESENTATIVE.—The Chair- ceed in representing the will of the person and the Vice Chairperson shall not be people. Its elected representatives and of Engineers and its mission will sup- representatives of the Department of the the civil servants appointed by them port this effort to identify and imple- Army (including the Corps of Engineers). must maintain control of the appa- ment whatever reforms are necessary SEC. 4. INVESTIGATION OF CORPS OF ENGI- to rebuild public support for its work. NEERS. ratus of government. Not later than 2 years after the date of en- Moreover, contempt for environ- I ask unanimous consent that the full text of the legislation be printed in actment of this Act, the Commission shall mental laws and self-serving economic complete an investigation and submit to the CONGRESSIONAL RECORD. analyses simply cannot be tolerated if Congress a report on the Corps of Engineers, Congress is to make well-informed de- There being no objection, the bill was with emphasis on— cisions regarding the authorization of ordered to be printed in the RECORD, as (1) the effectiveness of civilian control over expensive projects, and if the American follows: the civil works functions of the Corps of En- taxpayer is to be assured that federal S. 2309 gineers, particularly the effectiveness of the Be it enacted by the Senate and House of Rep- relationship between uniformed officers and monies are being spent wisely. the office of the Assistant Secretary of the The Corps of Engineers provides a resentatives of the United States of America in Congress assembled, Army for Civil Works with respect to— valuable national service. It constructs (A) responsiveness; SECTION 1. SHORT TITLE. and manages needed projects through- (B) lines of authority; and This Act may be cited as the ‘‘Corps of En- out the country. (C) coordination; gineers Civil Works Independent Investiga- (2) compliance through the civil works The size and scope of the biannual tion and Review Act’’. Water Resources Development Act is functions of the Corps of Engineers with en- SEC. 2. DEFINITIONS. vironmental laws in the design and operation clear evidence of the importance of the In this Act: Corps’ civil works mission. of projects, including— (1) COMMISSION.—The term ‘‘Commission’’ (A) the Fish and Wildlife Coordination Act Because the Corps’ work is so crit- means the Corps of Engineers Civil Works (16 U.S.C. 661 et seq.); ical, it is essential that steps be taken Independent Investigation and Review Com- (B) the Endangered Species Act of 1973 (16 immediately to determine the extent mission established under section 3(a). U.S.C. 1531 et seq.); and of the problems within the agency—and (2) SESSION DAY.—The term ‘‘session day’’ (C) the National Environmental Policy Act to design meaningful and lasting re- means a day on which both Houses of Con- of 1969 (42 U.S.C. 4321 et seq.); forms to correct them. gress are in session. (3) the quality and objectivity of scientific, Our nation needs a civil works pro- SEC. 3. ESTABLISHMENT OF COMMISSION. environmental, and economic analyses by gram we can depend on. We need a (a) IN GENERAL.—As soon as practicable the Corps of Engineers, including the use of Corps of Engineers that conducts cred- after the date of enactment of this Act, the independent reviewers of analyses performed President shall establish a commission to be by the Corps; ible analysis. known as the ‘‘Corps of Engineers Civil (4) the extent of coordination and coopera- We need a Corps that balances eco- Works Independent Investigation and Review tion by the Corps of Engineers with other nomic development and environmental Commission’’. Federal and State agencies in designing and protection as required by its mandate— (b) MEMBERSHIP.— implementing projects;

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.073 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1825 (5) whether the size of the Corps of Engi- (2) CONFIRMATION OF EXECUTIVE DIRECTOR.— complete exercise of the right to ex- neers is appropriate, including the size of the The employment of an executive director press political ideas that oppose or budget and personnel of the Corps; shall be subject to confirmation by the Com- criticize the government.’’ (6) whether the management structure of mission. the Corps of Engineers should be changed, (3) COMPENSATION.— These reports, and others, detail the and, if so, how the management structure (A) IN GENERAL.—Except as provided in Peruvian Government’s control of key should be changed; subparagraph (B), the Chairperson of the official electoral agencies, systematic (7) whether any of the civil works func- Commission may fix the compensation of the restrictions on freedom of the press, tions of the Corps of Engineers should be executive director and other personnel with- manipulation of the judicial process to transferred from the Department of the out regard to the provisions of chapter 51 and Army to a civilian agency or should be subchapter III of chapter 53 of title 5, United stifle independent news outlets, and privatized; States Code, relating to classification of po- harassment or intimidation of opposi- (8) whether any segments of the inland sitions and General Schedule pay rates. tion politicians—all with the aim of water system should be closed; (B) MAXIMUM RATE OF PAY.—The rate of limiting the ability of opposition can- (9) whether any planning regulations of the pay for the executive director and other per- didates to campaign freely. Such re- Corps of Engineers should be revised to give sonnel may not exceed the rate payable for ports raise serious concerns about the equal consideration to economic and envi- level V of the Executive Schedule under sec- openness in which the electoral cam- ronmental goals of a project; tion 5316 of title 5, United States Code. paign is being conducted and whether (10) whether any currently-authorized (d) DETAIL OF FEDERAL GOVERNMENT EM- projects should be deauthorized; PLOYEES.— free and fair elections will actually (11) whether all studies conducted by the (1) IN GENERAL.—An employee of the Fed- occur. Corps of Engineers should be subject to inde- eral Government may be detailed to the Mr. President, this is a disturbing, Commission without reimbursement. pendent review; and though not necessarily surprising, (12) the extent to which the benefits of pro- (2) CIVIL SERVICE STATUS.—The detail of posed projects— the employee shall be without interruption trend for a government that already (A) exceed the costs of the projects; or or loss of civil service status or privilege. has an inconsistent record on democ- (B) accrue to private interests. (e) PROCUREMENT OF TEMPORARY AND racy and the rule of law. Despite his SEC. 5. POWERS. INTERMITTENT SERVICES.—The Chairperson of many accomplishments, President (a) HEARINGS.—The Commission may hold the Commission may procure temporary and Fujimori has often demonstrated little such hearings, sit and act at such times and intermittent services in accordance with sec- respect for democratic principles—his places, take such testimony, and receive tion 3109(b) of title 5, United States Code, at infamous ‘‘auto-coup’’, or dissolution rates for individuals that do not exceed the such evidence as the Commission considers of Congress, and his current bid for a advisable to carry out this Act. daily equivalent of the annual rate of basic (b) INFORMATION FROM FEDERAL AGEN- pay prescribed for level V of the Executive third Presidential term being the best CIES.— Schedule under section 5316 of that title. examples. In addition, the current (1) IN GENERAL.—The Commission may se- SEC. 7. AUTHORIZATION OF APPROPRIATIONS. crackdown on independent media high- cure directly from a Federal department or There is authorized to be appropriated to lights Peru’s dismal record on press agency such information as the Commission carry out this Act $10,000,000 for each of fis- freedom under Fujimori. Freedom considers necessary to carry out this Act. cal years 2001 through 2003, to remain avail- House rates only two countries in the (2) PROVISION OF INFORMATION.—On request able until expended. Hemisphere, Peru and Cuba, as having of the Chairperson of the Commission, the SEC. 8. TERMINATION OF COMMISSION. head of the department or agency shall pro- The Commission shall terminate on the a press that is ‘‘not free.’’ According to vide the information to the Commission. date on which the Commission submits the Freedom House, since 1992 media out- (c) POSTAL SERVICES.—The Commission report to Congress under section 4(a). lets have been pressured into self-cen- may use the United States mails in the same sorship or exile by a government cam- manner and under the same conditions as By Mr. COVERDELL (for himself, paign of intimidation, abductions, other departments and agencies of the Fed- Mr. LEAHY, Mr. HELMS, and Mr. death threats, arbitrary detention, and eral Government. DEWINE): (d) GIFTS.—The Commission may accept, physical mistreatment. The case of Ba- use, and dispose of gifts or donations of serv- S.J. Res. 43. A joint resolution ex- ruch Ivcher is a good example. In Sep- ices or personal property. pressing the sense of Congress that the tember 1997, a government-controlled SEC. 6. COMMISSION PERSONNEL MATTERS. President of the United States should court stripped Ivcher of his media busi- (a) COMPENSATION OF MEMBERS.— encourage free and fair elections and ness and his Peruvian citizenship after (1) NON-FEDERAL EMPLOYEES.—A member of respect for democracy in Peru; read the the station ran reports linking the the Commission who is not an officer or em- first time. military to torture and corruption. In ployee of the Federal Government shall be SUPPORT FOR ELECTIONS AND DEMOCRACY IN 1998, Ivcher was sentenced in absentia compensated at a rate equal to the daily PERU to 12 years imprisonment. equivalent of the annual rate of basic pay Mr. COVERDELL. Mr. President, I prescribed for level IV of the Executive The continued intimidation of jour- Schedule under section 5315 of title 5, United rise today to introduce a joint resolu- tion urging free and fair elections and nalists, and the lack of truly inde- States Code, for each day (including travel pendent judicial and legislative time) during which the member is engaged in respect for democratic principles in branches threaten democracy and the the performance of the duties of the Com- Peru. I join with my colleagues, Sen- rule of law in Peru. Indeed, Peru, could mission. ator LEAHY, Senator HELMS, and Sen- be said to be undergoing a ‘‘slow-mo- (2) FEDERAL EMPLOYEES.—A member of the ator DEWINE to express concern about Commission who is an officer or employee of the transparency and fairness of the tion coup.’’ Though not under attack in the Federal Government shall serve without current electoral campaign in Peru. a violent or conspicuous manner, de- compensation in addition to the compensa- Several independent election mon- mocracy and the rule of law in Peru tion received for the services of the member are increasingly in question. as an officer or employee of the Federal Gov- itors have issued distressing reports on ernment. the conditions surrounding the upcom- Mr. President, if one considers the in- (b) TRAVEL EXPENSES.—A member of the ing April 9 elections in Peru. A Carter credible spread of democracy around Commission shall be allowed travel expenses, Center/National Democratic Institute the world over the last century, and in including per diem in lieu of subsistence, at delegation has concluded that condi- particular over the last twenty years, rates authorized for an employee of an agen- tions for a free election campaign have such a development is indeed dis- cy under subchapter I of chapter 57 of title 5, United States Code, while away from the not been established. Their report turbing. Consider the following: ac- home or regular place of business of the states that ‘‘the electoral environment cording to Freedom House, of the 192 member in the performance of the duties of in Peru is characterized by polariza- sovereign states in existence today, 119 the Commission. tion, anxiety and uncertainties . . . Ir- of them are considered true democ- (c) STAFF.— reparable damage to the integrity of racies. In 1950, just 22 countries were (1) IN GENERAL.—The Chairperson of the the electoral process has already been democracies, meaning that nearly 100 Commission may, without regard to the civil done.’’ The Organization of American nations have made the transition over service laws (including regulations), appoint and terminate an executive director and States (OAS) has come to similar con- this half century. Nowhere was there a such other additional personnel as are nec- clusions. An OAS special rapporteur re- more dramatic change than in our own essary to enable the Commission to perform cently concluded that ‘‘Peru lacks that back yard. In 1981, 18 of the 33 nations the duties of the Commission. necessary conditions to guarantee the in the hemisphere were under some

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.083 pfrm01 PsN: S28PT1 S1826 CONGRESSIONAL RECORD — SENATE March 28, 2000 form of authoritarian rule. By the be- These elections have generated a The Peruvian Government recently ginning of the 1990’s, all but one—Cas- great deal of attention and anticipa- brought to the United States a former tro’s Cuba—had freely elected heads of tion, and they have also focused a spot- Peruvian Army intelligence officer who state. light on President Fujimori, who is was responsible for torturing a woman Despite these gains, freedom in the running for an unprecedented third who was left permanently paralyzed as hemisphere remains fragile and uncer- term. He is doing so after firing three a result. He was convicted in Peru, but tain—Peru being just one example. of the country’s Supreme Court judges, released after a military tribunal re- After 7 years of neglect by the current who had determined that a third term versed his conviction. For reasons that administration, some of the hard- was barred by Peru’s Constitution. I have yet to get a suitable answer to, fought victories for freedom in Latin President Fujimori has often been the U.S. Embassy granted him a visa to America are weakened and in jeopardy. praised for what he has accomplished come to the United States to testify at There is no doubt that if the elections since he first took office in 1990. He a hearing before the Inter-American are not deemed to be free and fair, it success in defeating the brutal Sendero Human Rights Commission. That was will represent a major setback for the Luminoso insurgency, combating co- bad enough. But the fact that the Peru- people of Peru and for democracy in caine trafficking, and curbing soaring vian Government saw fit to include the hemisphere. inflation has brought stability and such a person in its official delegation Mr. President, we must recommit greater economic opportunities. to appear as a witness in a human ourselves to nurturing and protecting These are important achievements. rights forum says a great deal about the gains of freedom around the world, Unfortunately, they have often been that government, and it should be con- but with great attention on our own accomplished through the strong arm demned. hemisphere. A message must be sent to tactics of a president who has shown a Finally, I want to express my per- President Fujimori that if democratic disturbing willingness to run rough- sonal concern about Lori Berenson, processes are not respected, their eco- shod over democratic principles and in- who was convicted by a Peruvian mili- nomic and diplomatic relations will stitutions. tary court and sentenced to life in pris- suffer. This message should be unani- In the run up to the April 9th elec- on. The United States Government, mous from every nation in the region, tion, President Fujimori’s and his sup- other governments, Amnesty Inter- and not just from the United States. A porter’s disrespect for democratic pro- national and other independent human breach of democracy, especially in this cedures and the conditions necessary rights groups, have all concluded that hemisphere, must not be allowed to for free and fair elections has rarely she was denied due process. I and oth- stand. been so blatant. ers have called for her release or trial I ask unanimous consent that a copy Journalists and independent election by a civilian court in accordance with of the joint resolution be printed in the observer groups cite the Peruvian Gov- international standards. Innocent or RECORD. ernment’s control of key official elec- There being no objection, the joint guilty, every person deserves a fair toral agencies, systematic restrictions resolution was ordered to be printed in trial, and I would hope that a country on freedom of the press, manipulation the RECORD, as follows: that professes to respect human rights of the judicial process, alleged fal- would recognize the obvious—that Ms. S.J. RES. 43 sification of electoral petitions and Berenson’s conviction was a mis- Whereas presidential and congressional harassment and intimidation of opposi- carriage of justice. elections are scheduled to occur in Peru on tion politicians as just a few of the April 9, 2000; f problems plaguing this process. Whereas independent election monitors ADDITIONAL COSPONSORS have expressed grave doubts about the fair- In February, the National Demo- ness of the electoral process due to the Peru- cratic Institute and the Carter Center S. 514 vian Government’s control of key official concluded that ‘‘extraordinary, imme- At the request of Mr. COCHRAN, the electoral agencies, systematic restrictions diate and comprehensive measures’’ name of the Senator from California on freedom of the press, manipulation of the were necessary if the Peruvian elec- (Mrs. FEINSTEIN) was added as a co- judicial processes to stifle independent re- tions are to meet international stand- sponsor of S. 514, a bill to improve the porting on radio, television, and newspaper ards. Those measures have not been outlets, and harassment and intimidation of National Writing Project. opposition politicians, which have greatly taken, and NDI and the Carter Center S. 577 limited the ability of opposing candidates to recently reported that ‘‘irreparable At the request of Mr. GRAMS, his campaign freely; and damage to the integrity of the election name was added as a cosponsor of S. Whereas the absence of free and fair elec- process has already been done.’’ The 577, a bill to provide for injunctive re- tions in Peru would constitute a major set- Clinton administration, to its credit, lief in Federal district court to enforce back for the Peruvian people and for democ- has expressed grave concerns about the racy in the hemisphere, could result in insta- State laws relating to the interstate transparent attempts by President transportation of intoxicating liquor. bility in Peru, and could jeopardize United Fujimori and his supporters to manipu- States antinarcotics objectives in Peru and S. 656 late the election process. the region: Now, therefore, be it At the request of Mr. REED, the name Mr. President, the results of the Pe- Resolved by the Senate and the House of Rep- of the Senator from Massachusetts resentatives of the United States of America in ruvian elections will not be known (Mr. KENNEDY) was added as a cospon- Congress Assembled, That it is the sense of until the final ballot is counted. But sor of S. 656, a bill to provide for the Congress that the President of the United one thing is already clear. If the elec- adjustment of status of certain nation- States should promptly convey to the Presi- tions are not deemed to have been free als of Liberia to that of lawful perma- dent of Peru that if the April 9, 2000 elections and fair, it will be a major setback for are not deemed by the international commu- nent residence. the Peruvian people and for democracy nity to have been free and fair, the United S. 764 States will modify its political and economic in the hemisphere. And if that happens, At the request of Mr. THURMOND, the relations with Peru, including its support for the United States must react strongly. international financial institution loans to We will have no choice but to modify name of the Senator from Minnesota Peru, and will work with other democracies our economic and political relations (Mr. GRAMS) was added as a cosponsor in this hemisphere and elsewhere toward a with Peru, and work to restore democ- of S. 764, a bill to amend section 1951 of restoration of democracy in Peru. racy to that country. title 18, United States Code (commonly Mr. LEAHY. Mr. President, today I That is the message of this resolu- known as the Hobbs Act), and for other am joining Senators COVERDELL, tion, and I urge other Senators to sup- purposes. DEWINE and HELMS in introducing a port it so we can send as strong a mes- S. 1020 Joint Resolution regarding the presi- sage as possible to President Fujimori At the request of Mr. GRASSLEY, the dential and congressional elections in and the Peruvian people. name of the Senator from Nevada (Mr. Peru, which are scheduled for April 9. I Mr. President, I also want to take BRYAN) was added as a cosponsor of S. want to thank the other sponsors for this opportunity to mention another 1020, a bill to amend chapter 1 of title their leadership and concern for these matter that has caused me and other 9, United States Code, to provide for issues. Members of Congress great concern. greater fairness in the arbitration

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.085 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1827 process relating to motor vehicle fran- Fellowship Program, to extend the pro- SENATE CONCURRENT RESOLU- chise contracts. grams under that Act, and for other TION 99—CONGRATULATING THE S. 1133 purposes. PEOPLE OF TAIWAN FOR THE At the request of Mr. GRAMS, the S. 2018 SUCCESSFUL CONCLUSION OF PRESIDENTIAL ELECTIONS ON names of the Senator from Mississippi At the request of Mrs. HUTCHISON, the MARCH 18, 2000, AND REAFFIRM- (Mr. LOTT) and the Senator from Mis- name of the Senator from California ING UNITED STATES POLICY TO- souri (Mr. ASHCROFT) were added as co- (Mrs. FEINSTEIN) was added as a co- WARD TAIWAN AND THE PEO- sponsors of S. 1133, a bill to amend the sponsor of S. 2018, a bill to amend title PLE’S REPUBLIC OF CHINA Poultry Products Inspection Act to XVIII of the Social Security Act to re- cover birds of the order Ratitae that vise the update factor used in making Mr. LOTT submitted the following are raised for use as human food. payments to PPS hospitals under the concurrent resolution; which was con- S. 1159 medicare program. sidered and agreed to: TEVENS S. CON. RES. 99 At the request of Mr. S , the S. 2058 name of the Senator from Alaska (Mr. Whereas section 2(c) of the Taiwan Rela- At the request of Mr. GRAHAM, the MURKOWSKI) was added as a cosponsor tions Act (Public Law 96–8) states ‘‘[t]he of S. 1159, a bill to provide grants and name of the Senator from North Caro- preservation and enhancement of the human contracts to local educational agencies lina (Mr. HELMS) was added as a co- rights of all the people on Taiwan’’ to be an to initiate, expand, and improve phys- sponsor of S. 2058, a bill to extend filing objective of the United States; deadlines for applications for adjust- Whereas Taiwan has become a multiparty ical education programs for all kinder- democracy in which all citizens have the garten through 12th grade students. ment of status of certain Cuban, Nica- raguan, and Haitian nationals. right to participate freely in the political S. 1237 process; S. 2068 At the request of Mr. HUTCHINSON, Whereas the people of Taiwan have, by the name of the Senator from Georgia At the request of Mr. GREGG, the their vigorous participation in electoral campaigns and public debate, strengthened (Mr. COVERDELL) was added as a co- names of the Senator from Wyoming the foundations of a free and democratic way (Mr. THOMAS) and the Senator from Ar- sponsor of S. 1237, a bill to amend title of life; 10, United States Code, to permit re- izona (Mr. KYL) were added as cospon- Whereas Taiwan successfully conducted a tired members of the Armed Forces sors of S. 2068, a bill to prohibit the presidential election on March 18, 2000; who have a service-connected dis- Federal Communications Commission Whereas President Lee Teng-hui of Taiwan ability to receive military retired pay from establishing rules authorizing the has actively supported the consolidation of concurrently with veterans’ disability operation of new, low power FM radio democratic institutions and processes in Tai- compensation. stations. wan since 1988 when he became President; Whereas this election represents the first S. 1805 S. 2070 such transition of national office from one At the request of Mr. KENNEDY, the At the request of Mr. FITZGERALD, elected leader to another in the history of names of the Senator from Illinois (Mr. the name of the Senator from Con- Chinese societies; DURBIN), the Senator from South Caro- necticut (Mr. LIEBERMAN) was added as Whereas the continued democratic devel- lina (Mr. HOLLINGS), and the Senator a cosponsor of S. 2070, a bill to improve opment of Taiwan is a matter of funda- mental importance to the advancement of from New Mexico (Mr. BINGAMAN) were safety standards for child restraints in added as cosponsors of S. 1805, a bill to United States interests in East Asia and is motor vehicles. supported by the United States Congress and restore food stamp benefits for aliens, S. 2225 the American people; to provide States with flexibility in ad- Whereas a stable and peaceful security en- At the request of Mr. GRASSLEY, the ministering the food stamp vehicle al- vironment in East Asia is essential to the lowance, to index the excess shelter ex- name of the Senator from Nebraska furtherance of democratic developments in pense deduction to inflation, to author- (Mr. HAGEL) was added as a cosponsor Taiwan and other countries, as well as to the ize additional appropriations to pur- of S. 2225, a bill to amend the Internal protection of human rights throughout the chase and make available additional Revenue Code of 1986 to allow individ- region; commodities under the emergency food uals a deduction for qualified long- Whereas since 1972 United States policy to- term care insurance premiums, use of ward the People’s Republic of China has been assistance program , and for other pur- predicated upon, as stated in section 2(b)(3) poses. such insurance under cafeteria plans and flexible spending arrangements, of the Taiwan Relations Act, ‘‘the expecta- S. 1855 tion that the future of Taiwan will be deter- and a credit for individuals with long- mined by peaceful means’’; At the request of Mr. MURKOWSKI, the term care needs. name of the Senator from Nevada (Mr. Whereas section 2(b)(6) of the Taiwan Rela- tions Act further pledges ‘‘to maintain the REID) was added as a cosponsor of S. S. CON. RES. 69 capacity of the United States to resist any 1855, a bill to establish age limitations At the request of Ms. SNOWE, the resort to force or other forms of coercion for airmen. name of the Senator from Virginia (Mr. that would jeopardize the security, or the so- S. 1874 ROBB) was added as a cosponsor of S. cial or economic system, of the people of At the request of Mr. GRAHAM, the Con. Res. 69, a concurrent resolution Taiwan’’; names of the Senator from New Jersey requesting that the United States Whereas on June 9, 1998, the House of Rep- resentatives voted unanimously to adopt (Mr. TORRICELLI) and the Senator from Postal Service issue a commemorative House Concurrent Resolution 270 that called Maryland (Ms. MIKULSKI) were added as postal stamp honoring the 200th anni- versary of the naval shipyard system. upon the President of the United States to cosponsors of S. 1874, a bill to improve seek ‘‘a public renunciation by the People’s academic and social outcomes for S. CON. RES. 84 Republic of China of any use of force, or youth and reduce both juvenile crime At the request of Mr. WARNER, the threat to use force, against democratic Tai- and the risk that youth will become names of the Senator from Virginia wan’’; Whereas the People’s Republic of China has victims of crime by providing produc- (Mr. ROBB), the Senator from Massa- consistently refused to renounce the use of tive activities conducted by law en- chusetts (Mr. KERRY), the Senator from forcement personnel during non-school force against Taiwan; Arkansas (Mr. HUTCHINSON), the Sen- Whereas the State Council, an official hours. ator from Arkansas (Mrs. LINCOLN), the organ at the highest level of the Government S. 1946 Senator from Delaware (Mr. ROTH), and of the People’s Republic of China, issued a At the request of Mr. INHOFE, the the Senator from Connecticut (Mr. ‘‘white paper’’ on February 21, 2000, which name of the Senator from Virginia (Mr. LIEBERMAN) were added as cosponsors threatened ‘‘to adopt all drastic measures ROBB) was added as a cosponsor of S. of S. Con. Res. 84, a concurrent resolu- possible, including the use of force’’, if Tai- 1946, a bill to amend the National Envi- tion expressing the sense of Congress wan indefinitely delays entering into nego- tiations with the People’s Republic of China ronmental Education Act to redesig- regarding the naming of aircraft car- on the issue of reunification; and nate that Act as the ‘‘John H. Chafee rier CVN–77, the last vessel of the his- Whereas the February 21, 2000, statement Environmental Education Act,’’ to es- toric ‘‘Nimitz’’ class of aircraft carriers, by the State Council significantly escalates tablish the John H. Chafee Memorial as the U.S.S. Lexington. tensions across the Taiwan Straits and sets

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.084 pfrm01 PsN: S28PT1 S1828 CONGRESSIONAL RECORD — SENATE March 28, 2000 forth a new condition that has not here- Whereas Dr. Burgess’ exceptional service Throughout his career, Dr. Burgess tofore been stated regarding the conditions and his unfailing dedication to improving has continued to be at the forefront of that would prompt the People’s Republic of the lives of thousands of individuals merit improving prosthetic techniques. A China to use force against Taiwan: Now, high esteem and admiration: Now, therefore, teacher and author of surgical and re- therefore, be it be it Resolved by the Senate (the House of Rep- Resolved, That the United States Senate habilitation texts, he tirelessly empha- resentatives concurring), That— commends Ernest Burgess, M.D. for a life de- sizes constructive surgery for ampu- (1) the people of Taiwan are to be con- voted to providing care and service to his fel- tees. As he often states, ‘‘the way the gratulated for the successful conclusion of low man. surgery is performed will affect the presidential elections on March 18, 2000, and Mr. KERREY. Mr. President, I rise rest of his life.’’ Dr. Burgess takes this for their continuing efforts in developing and today to honor Dr. Ernest M. Burgess, philosophy to heart and I admire his sustaining a free, democratic society which a man who has dedicated his life to continued pursuit of improving med- respects human rights and embraces free cleansing sickness from the lives of ical care. markets; countless people. The effects of war are inflicted main- (2) President Lee Teng-hui of Taiwan is to When my grandchildren study the be congratulated for his significant contribu- ly on the innocent and young. After tions to freedom and democracy on Taiwan; events that shaped the development of American participation in Vietnam (3) President-elect Chen Shui-bian and the twentieth century, the American ended we slowly realized the breadth of Vice President-elect Annette Hsiu-lien Lu of Century as some call it, they will be the war’s destruction on so many Viet- Taiwan are to be congratulated for their vic- learning of the life of Dr. Burgess. I namese. The existence of thousands of tory, and they have the strong support and often speak of the admirable sacrifices injured civilians highlighted the larger best wishes of the Congress and the Amer- and tremendous foresight of this gen- world problem of poor medical treat- ican people for a successful administration; eration of Americans: a generation ment in many parts of the world—parts (4) it is the sense of Congress that the Peo- who, more than any before it, left an ple’s Republic of China should refrain from that are also the most war-torn. In indelible imprint on the course of 1988, at the prompting of United States making provocative threats against Taiwan human history. Dr. Burgess, like thou- and should instead undertake steps that Vietnam Veterans who had visited would lead to a substantive dialogue, includ- sands of his contemporaries, was an or- Vietnam, Dr. Burgess and others ing a renunciation of the use of force against dinary citizen who lived an extraor- worked to establish the Prosthetics Taiwan and progress toward democracy, the dinary life of service and accomplish- Outreach Center (POC). This clinic has ment. rule of law, and protection of human and re- provided thousands of Vietnamese with ligious rights in the People’s Republic of Born eleven years into the new cen- free limbs and allowed them to redis- China; and tury, Ernie was raised in the character (5) the provisions of the Taiwan Relations of the rural American West. Influenced cover the completeness of their lives. Mr. President, as the men and women Act (Public Law 96–8) are hereby affirmed as by a remarkable aunt who practiced the statutory standard by which United medicine at a time when most women of America’s greatest generation, enter States policy toward Taiwan shall be deter- couldn’t vote, he became attracted to a new century, I remain in awe of their mined. serving and caring for the sick. Upon continuing achievements. The remark- f completion of his medical degree and able career of Dr. Burgess epitomizes residency at Columbia and Cornell Uni- the commitment to improving peoples SENATE RESOLUTION 278—COM- versities, Dr. Burgess served his coun- lives through dedicated effort. I am MENDING ERNEST BURGESS, try in the U.S. Army from 1943 to 1946. proud to be able to submit this Resolu- M.D. FOR HIS SERVICE TO THE Mr. President, one of the bitterest ef- tion recognizing a great man and pay- NATION AND INTERNATIONAL fects of war visits those who suffer de- ing tribute to his attainments and his COMMUNITY bilitating wounds and then live a life goals. Thank you, Dr. Burgess, and I Mr. KERREY submitted the fol- forever altered. As an orthopedic sur- know my colleagues join me in rec- lowing resolution; which was referred geon involved in ground breaking ad- ognition of your accomplishments. to the Committee on the Judiciary: vancements in prosthetic surgery, Dr. f S. RES. 278 Burgess has allowed thousands of am- NOTICES OF HEARINGS putees the opportunity to return to ac- Whereas Dr. Ernest Burgess has practiced COMMITTEE ON ENERGY AND NATURAL medicine for over 50 years; tivities unimaginable at the time of the injury. He is a pioneer in the field RESOURCES Whereas Dr. Burgess has been a pioneer in Mr. CRAIG. Mr. President, I would the field of prosthetic medicine, spear- of prosthetic research and responsible heading ground breaking advances in hip re- for the establishment of Prosthetics like to announce for the public that a placement surgery and new techniques in Research Study (PRS), which is one of hearing has been scheduled before the amputation surgery; the leading centers in the world for Subcommittee on Forests and Public Whereas in 1964, recognizing his work in post-operative care. Through a career Land Management of the Senate Com- prosthetic medicine, the United States Vet- that spans six decades, Dr. Burgess has mittee on Energy and Natural Re- erans’ Administration chose Dr. Burgess to sources. establish Prosthetic Research Study, a lead- used his medical gifts to improve the health of his fellow humans. The hearing will take place Wednes- ing center for post operative amputee treat- day, April 5, 2000, at 9:30 a.m., in room ment; As a veteran and amputee, I live with Whereas Dr. Burgess was the recipient of the daily reminder of the costs of war. SD–366 of the Dirksen Senate Office the 1985 United States Veterans’ Administra- Because of the work of Dr. Burgess, I Building in Washington, DC. tion Olin E. League Award and honored as and thousands of veterans have a more The purpose of this oversight hearing the United States Veterans’ Administration powerful reminder of our service: one is to receive testimony on the proposed Distinguished Physician; where our lives are complete and re- 5-year strategic plan of the U.S. Forest Whereas Dr. Burgess’ work on behalf of dis- warding. Service in compliance with Govern- abled veterans has allowed thousands of vet- Through his work with the Pros- ment Results and Performance Act. erans to lead full and healthy lives; thetic Research Study, Dr. Burgess pio- Those who wish to submit written Whereas Dr. Burgess is internationally rec- statements should write to the Com- ognized for his humanitarian work; neered new surgical techniques that Whereas Dr. Burgess established the Pros- allow amputees to move with more mittee on Energy and Natural Re- thetics Outreach Foundation, which since comfort and mobility. The develop- sources, U.S. Senate, Washington, DC 1988, has enabled over 10,000 children and ment of lightweight and responsive ma- 20510. For further information, please adults in the developing world to receive terials have permitted thousands of call Mark Rey at (202) 224–6170. quality prostheses; amputees the freedom to participate in SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC Whereas Dr. Burgess’ life long commit- physical activities from skiing to bas- PRESERVATION, AND RECREATION ment to humanitarian causes led him to es- ketball. On a personal note, my passion Mr. THOMAS. Mr. President, I would tablish a demonstration clinic in Vietnam to like to announce for the information of provide free limbs to thousands of amputees; for running and my ability to ski and Whereas Dr. Burgess has received numer- play golf and walk these halls could the Senate and the public that the ous professional and educational distinctions not be a reality without the advances hearing originally scheduled for Thurs- recognizing his efforts on behalf of those in spearheaded by the PRS and Dr. Bur- day, April 6, 2000, at 2:30 p.m., before need of care; and gess. the Subcommittee on National Parks,

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.091 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1829 Historic Preservation, and Recreation ing entitled ‘‘Oversight of HCFA’s Set- The assistant legislative clerk read of the Committee on Energy and Nat- tlement Policies: Did HCFA Give Fa- as follows: ural Resources, a hearing to receive vored Providers Sweetheart Deals?’’ A concurrent resolution (S. Con. Res. 99) testimony on the incinerator compo- The PRESIDING OFFICER. Without congratulating the people of Taiwan for the nent at the proposed Advanced Waste objection, it is so ordered. successful conclusion of Presidential elec- Treatment Facility at the Idaho Na- SUBCOMMITTEE ON CLEAN AIR, WETLANDS, AND tions on March 18, 2000, and reaffirming United States policy toward Taiwan and the tional Engineering and Environmental NUCLEAR SAFETY Laboratory and its potential impact on Mr. HATCH. Mr. President. I ask People’s Republic of China. the adjacent Yellowstone and Grand unanimous consent that the Sub- There being no objection, the Senate Teton National Parks, has been can- committee on Clean Air, Wetlands, and proceeded to consider the concurrent celled. Nuclear Safety be authorized to meet resolution. For further information, please con- during the session of the Senate on Mr. BIDEN. Mr. President, on March tact Jim O’Toole or Kevin Cark of the Tuesday, March 28, 9:30 a.m., to con- 18 the people of Taiwan went to the committee staff at (202) 224–6969. duct a hearing to receive testimony re- polls and chose their next president f garding the Administration’s budget through a free and fair multiparty elec- for the EPA Clean Air programs and tion. The winner of a close three-way AUTHORITY FOR COMMITTEES TO the Army Corps of Engineers Wetlands race, Chen Shui-bian of the Democratic MEET budget. Progressive Party, will be inaugurated COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without in May. RESOURCES objection, it is so ordered. I had the pleasure of meeting with Mr. Chen in Washington in 1997 when Mr. HATCH. Mr. President, I ask SUBCOMMITTEE ON COMMUNICATIONS unanimous consent that the Com- Mr. HATCH. Mr. President, I ask he was the mayor of Taipei. I was im- mittee on Energy and Natural Re- unanimous consent that the Commu- pressed by his political smarts and his sources be authorized to meet during nications Subcommittee of the Senate commitment to building a more demo- the session of the Senate on Tuesday, Committee on Commerce, Science, and cratic and prosperous Taiwan. I also found him to be genuinely com- March 28, for purposes of conducting a Transportation, be authorized to meet mitted to improving relations with the joint committee hearing with the Com- during the session of the Senate on mainland. mittee on Foreign Relations, which is Tuesday, March 28, 2000, at 9:30 a.m., on I believe that Taiwan’s election pro- scheduled to begin at 3:00 p.m. The broadband deployment in rural areas. vides a fresh opportunity for the people title of this oversight hearing is The PRESIDING OFFICER. Without of Taiwan and the people of China to ‘‘America at Risk: U.S. Dependency on objection, it is so ordered. Foreign Oil.’’ reach out and resolve their differences SUBCOMMITTEE ON TECHNOLOGY, TERRORISM peacefully through dialog on the basis The PRESIDING OFFICER. Without AND GOVERNMENT INFORMATION of mutual respect. objection, it is so ordered. Mr. HATCH. Mr. President, I ask I hope that leaders on both sides of COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Sub- the Strait will seize this opportunity Mr. HATCH. Mr. President, I ask committee on Technology, Terrorism and begin to lay the foundation of unanimous consent that the Com- and Government Information be au- trust, goodwill, and understanding mittee on Foreign Relations be author- thorized to meet to conduct a hearing which must precede true reconcili- ized to meet during the session of the on Tuesday, March 28, 2000, at 10 a.m., ation. Senate on Tuesday, March 28, 2000, at in SD–226. The inauguration of Chen will end 2:30 p.m., to hold a hearing. The PRESIDING OFFICER. Without the virtual monopoly of power the Na- The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. tionalist Party has exercised for most f of the past 50 years. This peaceful tran- COMMITTEE ON HEALTH, EDUCATION, LABOR, sition of power at the top of Taiwan’s AND PENSIONS MEASURE READ FOR THE FIRST TIME—S.J. RES. 43 political system will mark the matura- Mr. HATCH. Mr. President, I ask tion of their democracy, and it is an unanimous consent that the Com- Mr. LOTT. Mr. President, there is a event worthy of our profound respect mittee on Health, Education, Labor, joint resolution at the desk which was and hearty congratulations. and Pensions, Subcommittee on Chil- introduced earlier by Senator COVER- It was only 13 years ago that Taiwan dren and Families, be authorized to DELL and others, and I ask for its first lifted martial law and ushered in a new meet for a hearing on ‘‘Keeping Chil- reading. period of open political discourse and dren Safe from Internet Predators’’ The PRESIDING OFFICER. The expanded civil liberty. Prior to that, during the session of the Senate on clerk will report the joint resolution Taiwan’s leaders did not tolerate dis- Tuesday, March 28, 2000, at 9:30 a.m. by title. sent and moved swiftly and sometimes The PRESIDING OFFICER. Without The senior assistant bill clerk read as ruthlessly to silence their critics. objection, it is so ordered. follows: Taiwan’s president-elect knows this A joint resolution (S.J. Res. 43) expressing COMMITTEE ON SMALL BUSINESS well, because he got his start in poli- Mr. HATCH. Mr. President, I ask the sense of the Congress that the President of the United States should encourage free tics as a young crusading lawyer work- unanimous consent that the Com- and fair elections and respect for democracy ing to promote transparency, freedom mittee on Small Business be authorized in Peru. of speech, and freedom of assembly. to meet during the session of the Sen- Mr. LOTT. I now ask for its second Taiwan’s emergence as a genuine ate on Tuesday, March 28, 2000, begin- reading and object to my own request. multiparty democracy is a significant ning at 9:30 a.m., in room 562 of the The PRESIDING OFFICER. Objec- development in the long history of Dirksen Senate Office Building to hold tion is heard. China. It is all the more remarkable a hearing entitled ‘‘Swindling Small f given the fact that China’s leaders in Businesses: Toner-Phoner Schemes and Beijing have done their level best to in- Other Office Supply Scams.’’ CONGRATULATING THE PEOPLE timidate Taiwan’s voters and prevent The PRESIDING OFFICER. Without OF TAIWAN AND REAFFIRMING them from exercising this fundamental objection, it is so ordered. U.S. POLICY right. PERMANENT SUBCOMMITTEE ON INVESTIGATIONS Mr. LOTT. Mr. President, I ask unan- I cannot help but wonder how aver- Mr. HATCH. Mr. President, I ask imous consent that the Senate proceed age Chinese on the mainland must view unanimous consent that the Perma- to the immediate consideration of S. Taiwan’s remarkable transformation. nent Subcommittee on Investigations Con. Res. 99, submitted earlier today On the one hand, the people of China of the Governmental Affairs Com- by me. have a deep devotion to national unity mittee be authorized to meet during The PRESIDING OFFICER. The and apparently are prepared to use the session of the Senate on Tuesday, clerk will report the concurrent resolu- force against Taiwan if it were to de- March 28, 2000, at 9:30 a.m., for a hear- tion by title. clare its independence.

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A28MR6.088 pfrm01 PsN: S28PT1 S1830 CONGRESSIONAL RECORD — SENATE March 28, 2000 As Zhang Yunling of the Chinese Strait must be settled peacefully, and of the Taiwan Relations Act, ‘‘the expecta- Academy of Social Sciences in Beijing that the future relationship between tion that the future of Taiwan will be deter- explained to New York Times cor- the People’s Republic of China and Tai- mined by peaceful means’’; respondent Elisabeth Rosenthal on wan must be determined in accordance Whereas section 2(b)(6) of the Taiwan Rela- tions Act further pledges ‘‘to maintain the March 20, ‘‘China was divided when it with the wishes of the people of China capacity of the United States to resist any was weak, and now that it is getting and the people of Taiwan. resort to force or other forms of coercion strong again, people’s nationalist feel- Maintaining a peaceful, stable envi- that would jeopardize the security, or the so- ing rises and they feel strongly it is ronment in the Taiwan Strait has fos- cial or economic system, of the people of time to reunite the country.’’ tered economic growth throughout Taiwan’’; On the other hand, the people of East Asia. It has also aided the emer- Whereas on June 9, 1998, the House of Rep- China are beginning to form their own gence of democratic societies in the resentatives voted unanimously to adopt impressions of Taiwan, no longer con- Philippines, Thailand, South Korea, In- House Concurrent Resolution 270 that called upon the President of the United States to tent only to listen to the government’s donesia, and Taiwan. seek ‘‘a public renunciation by the People’s official propaganda demonizing the is- In the past decade, more people have Republic of China of any use of force, or land. Some even admit publicly to a come under democratic rule in East threat to use force, against democratic Tai- certain grudging admiration for Tai- Asia than were liberated in Europe by wan’’; wan’s accomplishments and hope their the end of the cold war and the collapse Whereas the People’s Republic of China has own government will do nothing to pre- of the Soviet Union. This remarkable consistently refused to renounce the use of cipitate a crisis. accomplishment would not have been force against Taiwan; As one 22-year-old Beijing University possible without United States leader- Whereas the State Council, an official physics major told Rosenthal, ‘‘I think ship. organ at the highest level of the Government of the People’s Republic of China, issued a both sides will have to make adjust- Given all that Taiwan has accom- ‘‘white paper’’ on February 21, 2000, which ments to their policies. After all Tai- plished in such a short span, I look for- threatened ‘‘to adopt all drastic measures wan is democratic now, and the people ward to the future with renewed hope possible, including the use of force’’, if Tai- have exercised their right to choose a that someday all people of China will wan indefinitely delays entering into nego- president.’’ enjoy the rights and standard of living tiations with the People’s Republic of China Let me read the words of that univer- enjoyed by those fortunate few who on the issue of reunification; and sity student again, ‘‘. . . the people live on Taiwan. Whereas the February 21, 2000, statement have exercised their right to choose a Mr. LOTT. Mr. President, I ask unan- by the State Council significantly escalates imous consent that the concurrent res- tensions across the Taiwan Straits and sets president.’’ forth a new condition that has not here- In America, we take democratic tran- olution be agreed to, the preamble be tofore been stated regarding the conditions sitions of power for granted. But in agreed to, the motion to reconsider be that would prompt the People’s Republic of China, and until recently on Taiwan, it laid upon the table, and any state- China to use force against Taiwan: Now, was a revolutionary concept. And yet ments relating to the resolution be therefore, be it that is precisely what the people of printed in the RECORD. Resolved by the Senate (the House of Rep- Taiwan did on March 18. They changed The PRESIDING OFFICER. Without resentatives concurring), That— their leadership through a peaceful, or- objection, it is so ordered. (1) the people of Taiwan are to be con- The concurrent resolution (S. Con. gratulated for the successful conclusion of derly, democratic process. They did so, presidential elections on March 18, 2000, and by all accounts, because they were Res. 99) was agreed to. for their continuing efforts in developing and frustrated with corruption, cronyism, The preamble was agreed to. sustaining a free, democratic society which campaign finance abuses, and bureau- The concurrent resolution, with its respects human rights and embraces free cratic inefficiency. preamble, reads as follows: markets; These are all faults that China’s com- S. CON. RES. 99 (2) President Lee Teng-hui of Taiwan is to munist government has in spades. And Whereas section 2(c) of the Taiwan Rela- be congratulated for his significant contribu- with Internet use exploding in China, tions Act (Public Law 96–8) states ‘‘[t]he tions to freedom and democracy on Taiwan; (3) President-elect Chen Shui-bian and and with cross-straits commercial ties preservation and enhancement of the human rights of all the people on Taiwan’’ to be an Vice President-elect Annette Hsiu-lien Lu of now in the tens of billions of dollars, Taiwan are to be congratulated for their vic- there is no way that the people of objective of the United States; Whereas Taiwan has become a multiparty tory, and they have the strong support and China will not discover what is hap- democracy in which all citizens have the best wishes of the Congress and the Amer- pening on Taiwan. right to participate freely in the political ican people for a successful administration; And they may become inspired not process; (4) it is the sense of Congress that the Peo- only by the island’s prosperity, but Whereas the people of Taiwan have, by ple’s Republic of China should refrain from also by its peaceful democratic revolu- their vigorous participation in electoral making provocative threats against Taiwan tion. I predict they will begin to ask campaigns and public debate, strengthened and should instead undertake steps that would lead to a substantive dialogue, includ- themselves, ‘‘How come we don’t enjoy the foundations of a free and democratic way of life; ing a renunciation of the use of force against the same standard of living and the Taiwan and progress toward democracy, the same political rights here on the main- Whereas Taiwan successfully conducted a presidential election on March 18, 2000; rule of law, and protection of human and re- land?’’ Whereas President Lee Teng-hui of Taiwan ligious rights in the People’s Republic of Taiwan’s people are responsible for has actively supported the consolidation of China; and the island’s miraculous transformation democratic institutions and processes in Tai- (5) the provisions of the Taiwan Relations from authoritarian rule and poverty to wan since 1988 when he became President; Act (Public Law 96–8) are hereby affirmed as democracy and prosperity. They de- Whereas this election represents the first the statutory standard by which United States policy toward Taiwan shall be deter- serve all of the credit. But the people such transition of national office from one elected leader to another in the history of mined. of the United States have reason to feel f a little bit of pride as well. Chinese societies; Whereas the continued democratic devel- UNANIMOUS-CONSENT REQUEST— If Taiwan wins the Oscar for Best opment of Taiwan is a matter of funda- Actor, then we at least get a nomina- mental importance to the advancement of S. 2285 tion for Best Supporting Actor. The United States interests in East Asia and is Mr. LOTT. Mr. President, I have a United States commitment to Taiwan’s supported by the United States Congress and unanimous-consent request which I security under the terms of the Taiwan the American people; have communicated to Senator Relations Act helped create the stable Whereas a stable and peaceful security en- DASCHLE. He is here to respond. Before environment in which Taiwan has vironment in East Asia is essential to the I propound it, I will say this does have thrived. furtherance of democratic developments in to do with the issue of gasoline taxes, The other critical component of Taiwan and other countries, as well as to the protection of human rights throughout the and it is an effort to get a process cross-Strait stability has been our ad- region; started so we can have a discussion and herence to a ‘‘One-China’’ policy, in Whereas since 1972 United States policy to- debate about votes on this issue. which we maintain that disputes be- ward the People’s Republic of China has been I ask unanimous consent that the tween the two sides of the Taiwan predicated upon, as stated in section 2(b)(3) Senate now turn to Calendar No. 473, S.

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.095 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — SENATE S1831 2285, regarding gas taxes, and that fol- under rule XXII, the Chair directs the for up to 30 minutes equally divided be- lowing the reporting of the bill, there clerk to read the motion. tween the chairman and the ranking be 4 hours equally divided for debate The assistant legislative clerk read member. under control of the two leaders or as follows: The PRESIDING OFFICER. Without their designees. I further ask unani- CLOTURE MOTION objection, it is so ordered. mous consent that no amendments or We the undersigned Senators, in accord- f motions be in order and, following the ance with the provisions of rule XXII of the PROGRAM use or yielding back of time, the bill be Standing Rules of the Senate, do hereby advanced to third reading and passage move to bring to a close debate on the mo- Mr. LOTT. So then at 9:30, we will re- occur, all without intervening action tion to proceed to the Gas Tax Repeal Act, S. sume consideration of the resolution. or debate. 2285: We will have 30 minutes of debate, and The PRESIDING OFFICER. Is there Trent Lott, Frank H. Murkowski, Paul the cloture vote will occur on the reso- Coverdell, Conrad Burns, Larry E. objection? lution. Senators can expect the first Craig, Mike Crapo, Judd Gregg, Orrin vote at 10 a.m. on Wednesday. Fol- Mr. DASCHLE. Mr. President, reserv- Hatch, Rod Grams, Susan Collins, Rob- ing the right to object, first, this bill lowing that vote, notwithstanding rule ert F. Bennett, Chuck Grassley, Mike XXII, I ask unanimous consent that has never been in committee. It has Inhofe, Don Nickles, Sam Brownback, the Senate begin a period of morning not had the opportunity afforded most and Richard G. Lugar. business until 12:30 p.m. with Senators legislation to be considered, have hear- Mr. LOTT. Mr. President, this clo- speaking for up to 5 minutes each with ings, have people come forth and talk ture vote will occur then on Thursday. the following exceptions: Senator about the implications of eliminating I will work with the Democratic leader BROWNBACK, or his designee, the first 30 to set this vote, hopefully following the the gas tax. Normally bills go through minutes; to be followed by Senator committee, and then they come to the passage of the satellite loan guarantee COVERDELL, or his designee, for 30 min- bill, which I know the Senate is anx- floor. That is No. 1. utes; and Senator DURBIN, or his des- No. 2, what kind of a debate would ious to get completed. It was part of an ignee, for 60 minutes. one have when no amendments are agreement last year that we entered The PRESIDING OFFICER. Without made available? I cannot imagine that into with regard to the satellite bill objection, it is so ordered. on an issue of this import we would that there was a need for a loan pro- Mr. LOTT. If the cloture motion is want to accelerate the debate, accel- gram to make sure that it actually agreed to, a final passage vote on the erate the consideration, and prevent worked, and so this bill will be on the resolution is expected to occur during Senators from offering amendments floor. I am sure there are going to be the day tomorrow, probably in the and other ideas. some amendments that will be offered afternoon session, obviously. As a re- For those reasons, I object. on that, but we would like to complete minder, cloture was filed on the gas tax The PRESIDING OFFICER. Objec- that and then go to this subsequent legislation, and pursuant to rule XXII, tion is heard. vote on Thursday. We will work that vote will occur on Thursday at a Mr. LOTT. Mr. President, I regret the through the timing of it. In the mean- time to be announced later after con- objection from the minority leader, but time, I ask unanimous consent that the sultation between the two leaders. I understand. This agreement would mandatory quorum under rule XXII be The Senate will also begin consider- allow the Senate to pass and send a waived. ation of the loan guarantees legislation message to all Americans that we are The PRESIDING OFFICER. Without as per the unanimous consent agree- trying to do what we can in the short objection, it is so ordered. ment. term to alleviate the rising gas prices Mr. LOTT. I now withdraw the mo- f all Americans are paying at the pumps. tion. ORDER FOR ADJOURNMENT I would not suggest for a moment The PRESIDING OFFICER. The mo- that this is the long-term solution, and tion is withdrawn. Mr. LOTT. If there is no further busi- I should emphasize, this legislation f ness to come before the Senate, I now would allow for the suspension of the ask unanimous consent the Senate 4.3-cents-a-gallon gas tax for the re- LEADER’S LECTURE SERIES—BOB stand in adjournment under the pre- mainder of the year, with a trigger de- DOLE vious order following the remarks of vice that says that if the average price Mr. LOTT. Mr. President, I note that the Democratic leader, Senator nationwide reaches $2, then there will at 6 o’clock tonight, we will be hearing DASCHLE. The PRESIDING OFFICER. Without be a gas tax holiday for the remainder the sixth presentation in the Leader’s objection, it is so ordered. of the year for the full 18.4 cents a gal- Lecture Series. Our presenter tonight f lon. is our beloved former minority and ma- It is pretty simple and straight- jority leader, Bob Dole. I encourage all LEGISLATIVE MATTERS forward. There would be time for de- Senators to attend. I know there will Mr. DASCHLE. Mr. President, I come bate, but I understand. be family and friends and guests of to the floor to talk briefly about a We will get the process started, and Senator Dole. Hopefully, we will be matter that we have been especially we will see how it develops in terms of available on C–SPAN so the American concerned about in recent months, and the debate and what votes will occur in people will be interested in hearing that has to do with the Corps of Engi- order for us to start this process, which from this patriot and one of America’s neers. looks like we will have to go through a favorite sons. Prior to that, I rise to express my motion to proceed to invoke cloture on f disappointment that we were not able the bill and then there will be subse- ORDERS FOR WEDNESDAY, MARCH to get to the electronic signature bill quent votes. conference report today. I thought we 29, 2000 In order for this to be considered in a had worked out all of the problems. timely fashion, which could take as Mr. LOTT. Mr. President, I ask unan- Now, as I understand it, there are some long as a week or two, I thought we imous consent that when the Senate problems on the Republican side. I needed to get it started. completes its business today, it ad- hope it won’t be held up too much f journ until the hour of 9:30 a.m. on longer. We need to get on with that Wednesday, March 29. I further ask legislation, and we have been trying to MOTION TO PROCEED—S. 2285 unanimous consent that on Wednesday, move this bill to conference now for CLOTURE MOTION immediately following the prayer, the some time. We had worked out our con- Mr. LOTT. Mr. President, I now move Journal of proceedings be approved to cerns with regard to representation, to proceed to Calendar No. 473 and send date, the morning hour be deemed ex- and I was certain we would be able to a cloture motion to the desk on the pired, the time for the two leaders be finish that work today. But given the motion. reserved for their use later in the day, problems there now appear to be on the The PRESIDING OFFICER. The clo- and the Senate then resume debate on Republican side, I am hopeful we can ture motion having been presented S.J. Res. 14, the flag desecration bill resolve those no later than tomorrow.

VerDate 20-MAR-2000 02:49 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.098 pfrm01 PsN: S28PT1 S1832 CONGRESSIONAL RECORD — SENATE March 28, 2000 I am reminded, again, as we file clo- So we are very concerned about why ‘‘Statements on Introduced Bills and ture, that the motion to invoke cloture it is we need to move rapidly to this Joint Resolutions.’’) is a motion to end debate. I am always legislation if it is this important, if it amused by that phrase, ‘‘end debate.’’ is this much a part of finding ways in f How do you end debate that you which to provide relief. You would ADJOURNMENT UNTIL 9:30 A.M. haven’t even started? That is what we think that, consistent with past prac- TOMORROW are being asked to do on Thursday, end tice and consistent with the recogni- debate on a tax bill that didn’t go to tion of the importance of the issue, it The PRESIDING OFFICER. Under the committee, on a tax bill that at least would have been given a hear- the previous order, the Senate stands hasn’t had one hearing. ing or some consideration in com- in adjournment until 9:30 a.m. tomor- How is it that we would limit Sen- mittee. That has not happened. row. ators’ rights to offer amendments when (The remarks of Mr. DASCHLE per- Thereupon, the Senate, at 5:46 p.m., those considerations are paramount as taining to the introduction of S. 2309 adjourned until Wednesday, March 29, we consider a tax bill—a gas tax bill? are located in today’s RECORD under 2000, at 9:30 a.m.

VerDate 20-MAR-2000 02:27 Mar 29, 2000 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G28MR6.102 pfrm01 PsN: S28PT1 March 28, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E425 EXTENSIONS OF REMARKS

INTERNS FROM DOWN UNDER As I'm sure my colleagues who participated ‘‘I really admire the staff,’’ said Louise GIVE CONGRESS A THUMBS UP in the Flinders program will attest, it was a Kings, who worked for Schumer. ‘‘They are pleasure to work with interns who are teachers loyal and they work really hard.’’ HON. LORETTA SANCHEZ as much as they are students. I know their Student Kerrie Daniel recalled that the most memorable moment during her intern- OF CALIFORNIA families, friends, and communities are very proud of their daring to be such pioneers. On ship came when she got to meet President IN THE HOUSE OF REPRESENTATIVES Clinton earlier this month during a press Tuesday, March 28, 2000 February 21st, the Roll Call newspaper pub- event. She remembers jumping across the lished a wonderful account of the experiences Ms. SANCHEZ. Mr. Speaker, it gives me chairs—and getting a small bruise in the of these women. process—to shake the the President’s hand. great pleasure to rise today to honor five out- I submit the article to be included in the ‘‘It was amazing to see an important figure standing women who recently completed in- CONGRESSIONAL RECORDÐand in so doing ternships on Capitol Hill. The students came in person rather than on TV,’’ said Daniel, wish Estee, Louise, Narelle, Sunshine and who worked for Rep. Louise Slaughter (D– to Washington, D.C. at their own expense Kerrie every continued success. N.Y.). ‘‘The President is a fantastic speak- through a first-of-its-kind program offered by er.’’ Flinders University in Adelaide, South Aus- [From Roll Call Around the Hill, Feb. 21, 2000] After spending six weeks on the Hill, Hards tralia. said the person she most admires is Rep. INTERNS FROM DOWN UNDER As our colleagues will surely agree, the best James Oberstar (D–Minn.), ranking member congressional internship programs and interns (By Edith Chan) of the Transportation Committee. offer a unique window into the future. Every Congress isn’t very down and dirty—at Hards said she was impressed by her boss’s year, Congress offers thousands of students a least in the eyes of a group of interns from knowledge and recalled one instance when he brief time to look through this windowÐthe Down Under. suddenly went from Speaking English to chance to explore and examine this legislative Five students from Australia who just French in the same sentence. world of ours, now 212 years old. Fortunately wrapped up internships on Capitol Hill say Congress is actually much less partisan than Their internships also helped to break the for those of us who serve in this Chamber, their own country’s parliament. cultural barriers and stereotypes between they're not the only beneficiaries. We learn a ‘‘In Australia, it can get a lot worse,’’ said Australians and their American colleagues. thing or two ourselves. This was most defi- Sunshine Elmore, one of the students who ‘‘The idea Australians get is that Ameri- nitely the case with the Flinders program. came to Washington through a first-of-its cans are very USA-centered,’’ said Daniel. Australia and the United States are close kind program offered by Flinders University ‘‘But I think that they are very interested in cousins in many, many ways. But despite all in Adelaide, Australia. knowing about other places, about other that our respective histories and the Eric Federing, a former Democratic Hill things in the world.’’ connectivity of Internet Age have to offer, we aide who helped found the program, noted And as Daniel found out, there is one thing remain separated by a great physical distance that crossing party lines in Australia often that is constantly on Americans’ minds. proves to be politically damaging. that cannot change. It's a mere 8,000 miles ‘‘Americans are eager to find out about ‘‘The rigor of party politics is much Australians. Everyone wants to know more from my district to AdelaideÐand it most defi- stronger in Australia than in the United about the Olympics,’’ she said. nitely was a great privilege for Congress to States,’’ said Federing, who is now director host five young ambassadors and bridge this of business public policy at accounting giant Besides admiring the doggedness of many distance for however brief a time. This is what KPMG. Hill staffers, the interns from Australia are Louise King did in the office of Senator ‘‘If a Member crossed party lines [on a also encouraged by the large number of women working in the federal government. CHARLES SCHUMER, Sunshine Elmore contrib- vote], it is strongly, strongly frowned upon.’’ uted to my California colleague JUANITA Federing, who most recently worked as Estee Fiebiger noted the scarcity of women press secretary for Sen. Joe Lieberman (D– working in the Australian government, and MILLENDER-MCDONALD, Kerrie Daniel brought Conn.), decided to start the internship pro- said the dominating presence of female lead- to LOUISE SLAUGHTER, and Narelle Hards gram after traveling extensively through ers in Congress has inspired her to brave the added to the Democratic staff of the House Australia. grounds of foreign affairs—a traditionally Transportation and Infrastructure Committee. ‘‘The experience is fantastic—it is beyond male-dominated field. Of course, the greatest pleasure I have is my own expectations,’’ he said of the pro- ‘‘Here, no one puts a damper on us because singling out Estee Fiebiger for her contribu- gram’s first year. ‘‘My only regret is that we we are women and we are from Australia,’’ tions to me and my office. Estee had a great could not bring more students over.’’ said Fiebiger, who interned for Sanchez. ‘‘In- enthusiasm and propensity for politics, espe- The interns left town last week after stead, everyone was curious and was very cially foreign policy. She played an essential spending six weeks in the offices of various willing to help us. Instead of putting a damp- Democratic Members, including Sen. Charles er on us, it made us more enthusiastic.’’ role in drafting analytical reports and helping Schumer (D–N.Y.) and Rep. Loretta Sanchez me initiate a detailed analysis of the Human (D–Calif.). In addition to the legislative workload, the Rights situation in Vietnam. ‘‘The staff has been really encouraging, students managed to squeeze in a lot of Estee's eagerness to learn and to experi- and they have been really inspiring in help- sightseeing around D.C. Their most inter- ence all aspects of American politics highlights ing us participate in a lot of things,’’ said esting day, as Elmore recounted, was build- her achievements and her potential for contin- Elmore, who interned in the office of Rep. ing a snowman ‘‘in the middle of the bliz- zard.’’ ued success. Along with her excellent re- Juanita Millender-McDonald (D–Calif.). search, linguistic, and writing abilities, Estee's The students came to Washington in early Their favorite activities outside of work included museum-hopping. pleasant personality was accompanied with January. In interviews before leaving town, the students said their perception of Amer- great skill and intelligence. Very simply, she ‘‘We thought the Smithsonian was one mu- ica—and Americans—has dramatically seum,’’ Elmore said, adding that six weeks was a delight to have in the office. The dura- changed. was not long enough to see and do every- tion of the programÐ6 weeksÐwas not nearly ‘‘There were a lot of ideas about America, thing they wanted in Washington. and lots of surprises too,’’ said Narelle enough. The students are heading back to Australia Hards, who worked for the House Transpor- Mr. Speaker, I sincerely hope this modest, to complete their final year at Flinders, tation and Infrastructure Committee. unbureaucratic program will inspire other Aus- where they are all majoring in American The students were especially excited about tralian and American institutions to establish studies, and said they can’t wait to plan being able to watch the Super Bowl live, in- similar exchanges, for both students and pro- their next visit to the United States. fessionals. To improve understanding of our stead of at 3 a.m. However, they had to watch the Australia Open tennis tour- The only flaw the students saw in their processes, our politics and of our multicultural nament, normally on during prime time in program was that their stay was too short. peoples to the finest degrees, we need to con- their home country, at 3 a.m. instead. ‘‘I wish that the internship was longer,’’ nect people with people in person. This will They were also impressed with the way Daniel said. ‘‘We’re leaving just as things never change. Congressional aides comported themselves. were starting to get going.’’

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E426 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2000 CONCURRENT RESOLUTION ON TRIBUTE TO JACK ROBERTS improve the lot of others less fortunate than THE BUDGET, FISCAL YEAR 2001 himself. And he did all this with the quietest dignity, at a time when dignity came at a pre- SPEECH OF HON. SCOTT McINNIS OF COLORADO mium for black men. HON. SHEILA JACKSON-LEE IN THE HOUSE OF REPRESENTATIVES He suffered through segregation and dis- OF TEXAS crimination, and managed to out maneuver Tuesday, March 28, 2000 IN THE HOUSE OF REPRESENTATIVES both. His personal sacrifices in the face of Thursday, March 23, 2000 Mr. MCINNIS. Mr. Speaker, Jack Roberts such trying times are untold and countless. was a renowned artist, a knowledgeable histo- His professional accomplishments were nu- The House in Committee of the Whole rian, but more than all of this, he was a friend merous. His pioneering days began when he House on the State of the Union had under to many. Jack not only lived in the West, but became one of the first African American men consideration the concurrent resolution he spent his career depicting the West on to work at the Orange Court Hotel in down- (House Concurrent Resolution 290) estab- town Orlando, rising from one position to an- lishing the congressional budget for the canvas for all generations to come. His art is United States Government for fiscal year coveted for its unique colorful flare of those other in an effort to pay his way through col- 2001, revising the congressional budget for ``ole cowboys'' all based on authentic Western lege, which he did. Pappy's college training in the United States Government for fiscal year men and women of the time. Psychology paid off, for everyone who knew 2000, and setting forth appropriate budgetary It is known that as a young cowboy Jack him in his later years could extoll his wonder- levels for each of fiscal years 2002 through rode the ditch for months without seeing peo- ful counseling abilities. He was never too busy 2005: ple. These times allowed him the solitude to to listen to the slightest concern that one of Ms. JACKSON-LEE of Texas. Mr. Chair- accurately reflect, through art, on the life of his constituents or neighbors or friends might man, I rise today in strong support of the the West. His paintings were significant and bring to him. And no problem was too great amendment offered by my colleague JOHN have a place in the history of the West. for Pappy to tackle. One such instance in- SPRATT, the Democratic alternative to the FY Jack spent over 50 years as an artist of the volved the time he began organizing the 2001 Budget Resolution. This Democratic al- West. His paintings hang in many residences, former Orlando Negro Chamber of Commerce. ternative is a budget plan that strengthens So- businesses, museums and private collections. His pioneering spirit and persevering manner cial Security, provides a voluntary prescription Jack studied at the University of Oklahoma, deflected the considerable reluctance on the drug benefit for all seniors, and provides more The Chicago Art Institute, The American Acad- part of some local business owners. I will debt reduction than the Republican budget. emy of Art in Chicago, and he spent two years never forget his many inspirational, and sage, The choice is between fiscal responsibility with the great Harvey Dunn at the Grand Cen- messages to me over the years, especially as sustaining economic prosperity and large risky tral School of Art in New York. Throughout his I aspired to political office. tax cuts for the wealthy. years Jack continued his study of the arts al- Though not a professional educator, Our national budget is a statement of our though he was already recognized as a schol- Pappy's passion clearly lay in helping to en- national values, and it is hard to say that the ar in the field. hance opportunities for minority schools and Republican budget reflects the values of many A point of note, from Jack's personal recov- the students they served, and his efforts as hard working families. The Republican budget ery he took many of the hands of alcoholics to President of the Jones High School PTA and requires that we cut 310,000 low-income help them through their path to recovery. His the Orange County PTA Council left an indel- women, infants, and children off WIC assist- compassion, like his art, left strong impres- ible mark upon the City of Orlando. A spirited ance; cut 1,000 FBI agents and 800 Drug En- sions and a lasting thought in the mind. entrepreneur, Pappy was elected to the Flor- forcement Administration agents; provide Jack leaves behind his son Gary, Gary's ida League of Cities Board of Directors and 316,000 fewer Pell Grants to low-income stu- wife Monica and their son Wade. Additionally was a Trust Officer of the Washington Shores dents; and eliminate more than 40,000 chil- Jack had many friends and students of his art. Federal Savings and Loan Association, a dren from the Head Start program. All this for I considered it a privilege to have known black-owned and operated local financial insti- the politics of special interests and vast tax Jack as a friend and to have been fortunate tution. cuts. enough to enjoy his art. Pappy Kennedy was first and foremost a On the other hand, the Spratt Democratic We mourn the passing of this fine man from family man, devoted to his late wife Marian, alternative supports the values of America's the West, but we keep in mind that he has just and his two children Arthur Jr. and Shirley. families. It is fiscally responsible by providing saddled up his horse, ridden ahead on the Like so many other politicians, I was blessed investment in families first; proposing targeted trailÐto set up the camp and put on the cof- to know Pappy: as a counselor in politics, as tax cuts, and allocating more funds to pay fee. Jack, we will miss you, ``ole cowboy.'' a guide in life, and as a friend in all that down our national debt. Specifically, the f mattered. He will be missed by scores of Flo- Democratic alternative extends the solvency of ridians, but his legacy of service and sacrifice Social Security by 15 years and Medicare by TRIBUTE TO ARTHUR ‘‘PAPPY’’ will endure in the extraordinary opportunities as much as 10 years; protects the Social Se- KENNEDY that resulted from all that he gave and all that curity surplus and devotes $365 billion of the he was. In Florida, we are proud of Pappy non-Social Security surplus over 10 years to HON. ALCEE L. HASTINGS Kennedy and better off because of him. reduce additional debt; allows military retirees OF FLORIDA f to use Medicare benefits at military treatment IN THE HOUSE OF REPRESENTATIVES facilities; provides Medicare prescription drug A TRIBUTE TO THE ROTARY CLUB Tuesday, March 28, 2000 coverage for all and protects low-income sen- OF HASTINGS, DOBBS FERRY, iors from any cost-sharing requirements; and Mr. HASTINGS of Florida. Mr. Speaker, I ARDSLEY AND IRVINGTON allocates additional funding for paying down rise today to pay tribute to one of Florida's the national debt. true heroes and pioneers, Arthur ``Pappy'' HON. BENJAMIN A. GILMAN Federal Reserve Chairman Alan Greenspan Kennedy. Pappy Kennedy passed away today OF NEW YORK has warned that Congress should not legislate after devoting a life time of service to the Flor- IN THE HOUSE OF REPRESENTATIVES large tax cuts before security measures to pay ida political, civic, cultural and educational down the national debt and sustain economic community. His honors are numerous, and his Tuesday, March 28, 2000 expansion. The Republican budget grants heroism unparalleled. As the first African Mr. GILMAN. Mr. Speaker, I take this oppor- large tax cuts on money that simply is not American to be elected to the Orlando City tunity to recognize the 75th anniversary of the there to pay for it. The Spratt alternative se- Commission since Reconstruction, Pappy Rotary Club of Hastings, Dobbs Ferry, Ardsley cures on-budget surpluses for the next 10 served with distinction and was re-elected by and Irvington, in Westchester County in the years, unlike the Republican budget. Under the largest percentage between contestants in State of New York, and urge Americans to the Spratt alternative the entire national debt the City's 101-year history up to that time. take a moment to pay tribute to the efforts of would be eliminated by 2013. This was no great surprise to those who knew Rotary International. I support the values of America's working Pappy, who knew that his very existence de- Rotary clubs were created in 1905 to pro- families, fiscal responsibility, and the preserva- pended upon his service to others. Nor was mote international understanding and peace tion of economic expansion. In short, I encour- his service limited to the constituents who through cultural, humanitarian and educational age us all to vote in favor of the Spratt Demo- elected him. Having raised himself from pov- exchange programs. Rotary clubs are com- cratic alternative. erty in rural Florida, Pappy was determined to posed of a group of community leaders, each CONGRESSIONAL RECORD — Extensions of Remarks E427 of whom is in a different profession or busi- reclaim their full rights as American citizens, it Rights and to the Conference on Security and ness. These members provide humanitarian is appropriate today to remember Josephine Cooperation in Europe. He was also Vice- services, promote high ethical standards, and ``Jo'' Butler, who died a year ago this week. Chairman of the U.S. Commission on Human strive for peace in the world. Rotary clubs fund Jo Butler was not a public official or even a Rights. Under President Bush, Abram was ap- scholarships that enable students to study public person. She did not count herself pointed U.S. Ambassador to the United Na- abroad as well as sponsor exchanges be- among the self-important in the city. Instead, tions in Geneva. Following his ambassadorial tween countries of young business and profes- she worked tirelessly for the District's most im- service, he founded United Nations Watch. sional people. portant causes. Chief among these was state- Denis C. Braham of Houston, Chairman of The members of Rotary clubs have assisted hood for the District of Columbia. the NCSJ, paid an appropriate tribute to Mor- in health care programs worldwide, including Jo Butler and I became fast friends in the ris Abram: ``The experiences that he brought the immunization efforts in developing coun- fight for statehood. She was there in 1993, to NCSJ from his leadership of Brandeis Uni- tries to protect children against infectious dis- when this body granted my bill, the New Co- versity and national Jewish groups made him eases. lumbia Admission Act, a two-day debate and uniquely qualified to head the organization at The Rotary Club of Hastings, Dobbs Ferry, vote. Many of the city's elected officials and a time when the plight of Soviet Jewry was at Ardsley and Irvington was founded in 1925. citizens were on hand. What makes Jo so the top of the Jewish global agenda. Morris The name rotary was given to the club, result- memorable to me, however, is that she was was not just an American Jewish leader but a ing from the tradition of members rotating the always here. Jo was here when there were world Jewish leader.'' place of meeting between their businesses. few residents to speak up or stand up for f Mr. Speaker, I invite my colleagues to join statehood or even the more ordinary elements in congratulating the Rotary Club of Hastings, of the city's control over its own affairs. PERSONAL EXPLANATION Dobbs Ferry, Ardsley and Irvington on their Nor did Jo ever give up on any of her 75th anniversary, and thanking them for their issues, from peace to the environment. HON. DOUG BEREUTER continued service of helping others and our Whether for great causes like statehood for OF NEBRASKA communities. this capital city, or her precious Friends of Me- IN THE HOUSE OF REPRESENTATIVES f ridian Hill, Jo believed that struggle brings vic- Tuesday, March 28, 2000 tory. She was a radical activist with a rare gift TRIBUTE TO JACK SHARP for bringing people together. Mr. BEREUTER. Mr. Speaker, on March 22, The people I represent abhor undemocratic 2000, official business off of Capitol Hill HON. JOHN J. DUNCAN, JR. intervention by the Congress. Yet perhaps, as caused me to unavoidably miss rollcall vote 65 OF TENNESSEE in most great long-standing struggles, few (final passage on H.R. 3822, the Oil Price Re- IN THE HOUSE OF REPRESENTATIVES have had the steadfast devotion of Jo Butler. duction Act). Had I been present I would have Jo Butler's spirit lives on today in a reinvigo- voted ``aye.'' Tuesday, March 28, 2000 rated movement for self-government pressed, Opponents of the legislation were circulating Mr. DUNCAN. Mr. Speaker, Jack Sharp has in part, by two court cases for equality and de- comments that I made as Vice-Chairman of now completed 25 years of service as a mem- mocracy for our citizens, now on their way to the International Relations Committee during ber of the Knoxville, Tennessee City Council. the U.S. Supreme Court. May Jo's lifelong de- consideration of H.R. 3822. My statement, ac- Jack is a close friend of mine and is one of votion to her causes infect and influence many curately reported by a prominent news serv- the finest men I know. more to reach for the level of dedicated strug- ice, was that by the Committee passage of He has represented the entire City fairly and gle Jo Butler achieved. this legislation, ``we're making ourselves feel honorably, but he has been especially effec- f good, but that's all it is.'' What the article did tive for his home area. not include is the fact that my remarks also in- He holds one of three at-large seats on the TRIBUTE TO AMBASSADOR cluded the statement that the President al- Council and is very popular throughout the MORRIS ABRAM ready has all the authority to implement all the City. recommendations of this legislation, including He has served as Vice-Mayor and has fre- HON. TOM LANTOS the authority to exact sanctions on the Organi- quently filled in for the Mayor at public func- OF CALIFORNIA zation of Petroleum Exporting Countries tions of all types. IN THE HOUSE OF REPRESENTATIVES (OPEC), if he chooses to do so. My statement Jack has been a very forceful advocate for was prefaced by my remarks that the Adminis- Tuesday, March 28, 2000 the fire fighters, police, and other City employ- tration has been too slow in protesting and ees. Mr. LANTOS. Mr. Speaker, I invite my col- working to reverse or counter OPEC's produc- With his wife Doris almost always at his leagues to join me in mourning the loss of my tion cutbacks which began last spring and side, they have been outstanding goodwill am- dear friend, Ambassador Morris B. Abram. He which have let the prices spiral get out of bassadors for Knoxville and a great team in passed away a few days ago in Geneva, Swit- hand. As I said, the Administration should thousands of ways for the City and its resi- zerland. have been pressuring OPEC countries five or dents. Ambassador Abram was a dynamic leader six months ago to reduce prices. I concluded This Country would be a much better place in the Jewish community and commanded the my remarks in Committee by stating that the if we had more men like City Councilman Jack respect and affection of all who knew him. American people are now stuck with higher Sharp. I congratulate him on his 25 years of Born in Fitzgerald, Georgia, in 1918, Abram prices for gasoline, diesel fuel and heating oil community service and am thankful that term was the former President of Brandeis Univer- for at least the next half year because ``the limits did not deprive us of his knowledge and sity in Waltham, Massachusetts. He also Administration was asleep at the switch'' and experience many years ago. served previously as the president of the didn't take energetic and prudent actions. If I want to say thank you to Councilman American Jewish Committee and Chairman of there is any blame to be distributed at the Sharp and bring to the attention of my col- the board of Benjamin Cardoza Law School in Federal level, the American people should leagues and other readers of the RECORD the New York City. As a respected attorney, he know it falls on the Administration. service of a great Tennessean and great argued landmark civil rights cases in the f American, my friend, Jack Sharp. 1950s and 1960s, including the Supreme f Court's 1963 ``One Man, One Vote'' decision. NUCLEAR WASTE POLICY In 1982, Mr. Abram published his autobiog- AMENDMENTS ACT OF 2000 TRIBUTE TO JOSEPHINE ‘‘JO’’ raphy, The Day Is Short (Harcourt, Brace, Jo- BUTLER vanovich), detailing his legendary career and SPEECH OF his battle with leukemia. But eighteen years HON. SHEILA JACKSON-LEE HON. ELEANOR HOLMES NORTON ago, his career was far from over. Since that OF TEXAS OF THE DISTRICT OF COLUMBIA time, he served as Chairman of the NCSJ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES from 1983 to 1988, and Chairman of the Con- ference of Presidents of Major Jewish Organi- Wednesday, March 22, 2000 Tuesday, March 28, 2000 zations for three years. In the area of public Ms. JACKSON-LEE of Texas. Madam Ms. NORTON. Mr. Speaker, as District of service, he was head of U.S. delegations to Speaker, today I rise in opposition to the Nu- Columbia residents struggle in two lawsuits to the United Nations Commission on Human clear Waste Amendments Act of 2000. This E428 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2000 bill will establish the largest nuclear waste Ava, a leading figure in the Los Angeles March 2000. Lawrence Middle School principal shipping program in U.S. history. It also en- business community, led the way for women is Dr. Mark Kavarsky, and Superintendent of dangers the health of our citizens and the en- for over 50 years, opening doors of oppor- Schools is Dr. Paul Kelleher. vironmental integrity of our lands. I cannot in tunity in fields from drafting and design to all I chose Lawrence Middle as the March good conscience support a bill that under- disciplines of engineering support services and School of the Month because the school pro- mines the welfare of our people to provide the transportation. Ava was always available to vides educational activities before school, dur- expeditious disposal of nuclear waste. assist young, working women. She helped es- ing school and after school. I'm working on an This bill continues to support interim storage tablish organizations to encourage the growth amendment to this year's education bill to bol- of nuclear waste and does not provide the util- and development of aspiring women entre- ster after school programs, and Lawrence is a ities the choice of interim storage in Nevada preneurs and found time to support them dur- perfect model of how to help kids learn all so that they can begin to remove waste from ing her entire career. day. reactors and Department of Defense sites She was an active member of the business The mission of the Lawrence Public Schools around the country by the year 2003. Pursuant community and her efforts did not go unno- is to ensure all learners reach their highest in- to this measure, nuclear waste would be ticed. Some of the commendations she re- dividual potential, through an academically rig- shipped to Yucca Mountain before the perma- ceived during her distinguished career in- orous educational system that inspires lifelong learning; focuses on creative, student-centered nent construction of a repository. We should cluded the 1999 Small Business Administra- teaching and learning; and enables all to pos- not place the lives of innocent people in jeop- tion Woman Business Advocate of the Year, sess the confidence and abilities to meet life's ardy prior to the completion of a permanent the City of Los Angeles Lifetime Achievement challenges. repository. The safety of human life should be Award, and the Los Angeles Woman Business Lawrence Middle teaches 900 children in our number one priority not the premature re- Owner of the Year. She was also the first re- grades 6, 7 and 8. Two years ago I was the moval of extremely dangerous nuclear waste. cipient of the first Women's Referral Service guest of honorÐand first elected officalÐat Furthermore, this bill if passed will initiate ``Ava Doner Pioneer Award,'' named for her in Lawrence's Long Island Middle School Forum, the shipment of nuclear waste shipments with recognition of her contributions and leadership where representatives from the middle schools extraordinary amounts of radioactivity by rail as a woman pioneer in business. in the 4th congressional district debated and and truck. This activity will potentially expose Ava Doner touched the lives of many discussed legislative issues. 50 million people to high levels of radiation for women in the working world, leaving a lasting When I visited Lawrence, I was impressed over 30 years. Our Nation's localities are not impression upon the business community. Ava with how knowledgeable our kids are about trained nor equipped to deal with a serious ra- will be dearly missed, but her legacy will live the legislative process It's vital we encourage dioactive contamination event. Response on. government participation at such a young age. teams in our nation's hospitals, police forces, f In addition to their top academic activities, firemen, and schools would be placed in an the youth at Lawrence Middle are civic-mind- unfortunate position resulting in human suf- WILLIAM CRAWFORD WAS TRULY ed, participating in the Service Learning Club fering. We should not support a bill that does A HERO where the youth collect toiletries, clothes and not provide for the training, equipment, and other items to give to the homeless. An inno- study needed to give the public reasonable HON. SCOTT McINNIS vative way Lawrence teaches the kids about assurances that their children will be safe from OF COLORADO wastefulness is ``Wrap It Up''Ðwhen students any possibility of radiation exposure due to a IN THE HOUSE OF REPRESENTATIVES collect and wrap all leftover food from the caf- nuclear waste accident. eteria and other school events. This food is Tuesday, March 28, 2000 This bill also seeks to undermine the EPA's then forwarded to local food kitchens to pro- ability to set strong radiation standards. The Mr. MCINNIS. Mr. Speaker, I wanted to ask vide for the needy in the Long Island commu- measure delays the proposed standard of 15 that we all pause a moment to remember a nity. milirems for a year until the next President true American hero, Mr. William Crawford. The School of the Month program highlights takes office. The EPA can only issue a stand- Though he is gone, he will live on in the schools with outstanding students, teachers ard before the year's end if the Nuclear Regu- hearts of all who knew him and be remem- and administrators. Each month, McCarthy will latory Commission [NRC] agrees; however, bered for long years by many who didn't. recognize a different school that demonstrates the NRC proposes standards that do not pro- During World War II, William fought for our a unique contribution to Long Island edu- vide adequate drinking water protections. country while he served in the Army. Mr. cation. Finally, the selection of the Yucca Mountain Crawford's bravery as an Army private in f World War II led to him becoming the first of site as the nuclear repository was a poor TRIBUTE TO REV. DR. HERBERT D. Pueblo's four Medal of Honor recipients. Rac- choice. Yucca Mountain happens to be lo- VALENTINE cated in an active earthquake zone. An earth- ing through heavy gunfire and detonating hand quake registering 5.6 on the Richter scale in grenades on enemy gun sites, Mr. Crawford Yucca Mountain caused $1 million worth of exemplified bravery. In 1945, he was captured HON. BENJAMIN L. CARDIN damage to an Energy Department field office by German troops and was presumed dead. OF MARYLAND near the repository site. Imagine what would As a result, his father received the Medal of IN THE HOUSE OF REPRESENTATIVES happen if nuclear waste was stored in the Honor on his behalf. However, later that year, Tuesday, March 28, 2000 mountain. It is even possible for radiation to Mr. Crawford was rescued from the German Mr. CARDIN. Mr. Speaker, I rise today to contaminate drinking water for the region for troops. In 1947, he re-enlisted in the Army and praise the work and life of the Rev. Dr. Her- years to come. served until 1967. bert D. Valentine, who next month will be retir- For these important reasons, I cannot sup- As you can see, Mr. Speaker, Mr. Crawford ing as the Executive Presbyter of the Pres- port the Nuclear Waste Amendments Act of was a model American, embodying patriotism, bytery of Baltimore. 2000. The people of this country deserve bet- strength, gentleness and service throughout Dr. Valentine has held the position of Exec- ter. his lifetime. William will be missed by all of us. utive Presbyter for 23 years, serving his faith f Hopefully, we can learn from the example that and his convictions. Dr. Valentine has been in- William Crawford has set. strumental in working for better human rights HONORING AVA DONER f policy, for better treatment of children and families and policies that speak to the better HON. STEVEN T. KUYKENDALL MARCH SCHOOL OF THE MONTH side of our nature. His work in Baltimore has OF CALIFORNIA spoken to the needs and aspirations of all IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN McCARTHY peoples, near and far. Dr. Valentine's commitment to strengthening Tuesday, March 28, 2000 OF NEW YORK IN THE HOUSE OF REPRESENTATIVES ecumenical and interfaith relationships was Mr. KUYKENDALL. Mr. Speaker, I rise recognized by the Central Maryland Ecumeni- today to remember and honor Ava Doner, a Tuesday, March 28, 2000 cal Council in 1995 with their Bryce Shoe- pioneer in business from my district. Ava re- Mrs. MCCARTHY of New York. Mr. Speak- maker Ecumenical Leadership Award. Prior to cently passed away after a long and illustrious er, I rise today to name Lawrence Middle that, Dr. Valentine was honored by the Pres- career as president and founder of Engineer- School in Lawrence as the School of the bytery when he was elected to serve as mod- ing Associates. Month in the fourth congressional district for erator of their 203rd General Assembly in CONGRESSIONAL RECORD — Extensions of Remarks E429 1991±1992. In this capacity, Dr. Valentine creased annuity benefit if the federal govern- I would have voted for passage of H.R. traveled around the world representing Pres- ment agrees to pay for the portion of the pro- 3822 (Roll Call number 65). byterians and sharing his faith. gram that would have been incurred prior to March 23, 2000: Throughout his lifetime, Dr. Valentine has the 1997 Revitalization Act and therefore as- I would have voted in favor of approving the demonstrated deep concern for all victims of sumed by the federal government as is the Journal (Roll Call number 66). oppression and injustice, not only in Baltimore case with firefighters. I would have voted against the previous but throughout the global community, espe- This bill amends the 1997 Revitalization Act question on H. Res. 446 (Roll Call number cially in Central America. A visit from Dr. Val- by authorizing the federal government to pay 67). entine and other members of the Baltimore for the additional pension liability accrued prior I would have voted against the amended H. Presbytery, always meant that I would get to 1997 for police officers. The city will pay for Res. 446 (Roll Call number 68). educated as to the needs of people in distress the increased benefits accrued since the 1997 I would have voted against the motion to or despair. We agreed more often than not as Revitalization Act. All officers retiring before rise on H. Con. Res. 290 (Roll Call number to the action our country had to take to assist enactment of the Police Retirement Act will re- 69). these efforts to elevate the condition of all ceive the retirement benefits at the current I would have voted in favor of the Owens peoples. level. Only officers retiring after this legislation substitute to H. Con. Res. 290 (Roll Call num- Dr. Valentine's strong faith and advocacy is passed would be eligible for the increased ber 70). will be missed, but I am sure he would not be annuity. I would have voted in favor of the DeFazio leaving without a well trained and compas- There was no intention to leave police offi- substitute to H. Con. Res. 290 (Roll Call num- sionate replacementÐI know his coworkers cers worse off than firefighters in this city. Po- ber 71). are well prepared to continue his work. I ask lice officers should not have lower retirement I would have voted in favor of the my colleagues to join me in thanking Dr. Val- pay because their collective bargaining agree- Stenhomm substitute to H. Con. Res. 290 entine for his service to his faith and his com- ment was negotiated at a low point in the (Roll Call number 72). munity and to wish him fair winds and a fol- city's financial picture, while the firefighters got I would have voted against Sununu amend- lowing sea as he enjoys his retirement. in just under the wire. At a time when Chief ment to H. Con. Res. 290 (Roll Call number f Charles Ramsey is upgrading the quality of 73). THE DISTRICT OF COLUMBIA PO- police officers, and even bringing in experi- I would have voted in favor of the Spratt LICE RETIREMENT EQUALITY enced officers on a lateral basis, we need true substitute to H. Con. Res. 290 (Roll Call num- ACT OF 2000 equity if we want a first-class police depart- ber 74). ment. The retirement pay differential may be March 24, 2000: HON. ELEANOR HOLMES NORTON an anomaly, but its resulting unfairness hurts I would have voted against H. Con. Res. not only individual officers but public safety in 290 (Roll Call number 75). OF THE DISTRICT OF COLUMBIA the city. The city is willing to pay its share to f IN THE HOUSE OF REPRESENTATIVES correct this inequity. The Congress must do Tuesday, March 28, 2000 the same. TRIBUTE TO SALLY MORRISEY Ms. NORTON. Mr. Speaker, today I intro- I would like to thank Representative TOM duce the District of Columbia Police Retire- DAVIS, Chairman of the District of Columbia HON. SCOTT McINNIS ment Equality Act of 2000, a bill to provide eq- Subcommittee, Representatives STENY HOYER, OF COLORADO uity in retirement benefits for Metropolitan Po- CONNIE MORELLA, and AL WYNN for being IN THE HOUSE OF REPRESENTATIVES lice Department (MPD) officers. This bill would original cosponsors of this bill to restore basic Tuesday, March 28, 2000 correct an inequity by granting MPD officers parity to the retirements of District police offi- and increase in retirement benefits based on cers and firefighters, and urge swift passage. Mr. MCINNIS. Mr. Speaker, I would like to the value of longevity bonus pay comparable f take a moment to recognize a living legend, to those received by D.C. firefighters. Sally Morrisey. On March 24, 2000, Mrs. Longevity pay, adopted by the District in PERSONAL EXPLANATION Morrisey reached a milestone in her life, when 1972, is a bonus granted to both police offi- she celebrated her 80th birthday. On this day cers and firefighters, in addition to base sal- HON. JIM McDERMOTT people from all over the nation came to cele- ary, as a retention incentive after officers OF WASHINGTON brate this event with her. reach milestones in service of fifteen, twenty, IN THE HOUSE OF REPRESENTATIVES Mrs. Morrisey is Durango Herald's longest twenty-five, and thirty years. A D.C. firefighter, Tuesday, March 28, 2000 running writer. She wrote a column dubbed whose retirement benefits are identical in ``Sally Says'' for 36 years. Locals swear by her every other aspect to those of a MPD officer, Mr. MCDERMOTT. Mr. Speaker, I was ab- columns, learning about travels, hospital stays, receives a retirement annuity based on the sent and unable to vote from March 21, 2000 visiting relatives and the ongoing beat of new combined value of base salary and longevity to March 24, 2000 because I accompanied the grandchildren. From an early age, she has bonus pay. An MPD officer's retirement annu- President of the United States on his historic demonstrated curiosity and an outgoing tem- ity is based only on base salary, not the lon- visit to India and Pakistan. perament, a combination that has served her On March 21, 2000: well as a journalist. From 1982 to 1985, Sally gevity bonus, and is therefore lower than that I would have voted in favor of H. Con. Res. joined the Peace Corps where she lived in of a D.C. firefighter. This benefit was nego- 288 (Roll Call number 56). tiated by D.C. firefighters as part of a 1993 I would have voted in favor of H. Res. 182 Costa Rica and Guatemala. collective bargaining agreement. By 1995, (Roll Call number 57). Sally and her late husband, John Morrisey, MPD officials were not able to negotiate the On March 22, 2000: Jr., raised a beautiful family of four children, same benefit because the District had entered I would have voted in favor of approving the 12 grandchildren and 4 great grandchildren. into financial crisis and was essentially insol- journal (Roll Call number 58). Some of her other achievements involve: the vent. The District has recovered and has had I would have voted against on ordering the Peace Beyond War Award from the U.S. Gov- balanced budgets and surpluses for three Previous Question H. Res. 444 (Roll Call num- ernment, the Eye Mission Award, the Animas years. MPD officers attempted to gain equal ber 59). Grange Citizen of the Year, AAUW's Out- retirement benefits with D.C. firefighters I would have voted against on agreeing to standing Woman of the Year, the through the 1997 Revitalization Act, in which the Resolution H. Res. 444 (Roll Call number Barbershoppers' Harmony Award. In addition, the federal government assumed full responsi- 60). Sally is active in the Reading Club, Tuesday bility for the District's unfunded pension liability I would have voted against considering S. Literary Club, La Plata County Historical Soci- for teacher's, firefighters and police officers. At 1287 (Roll Call number 61). ety, Durango Arts Center, Friends of the Arts, that time, Representative CONNIE MORELLA, I would have voted in favor of recommitting the Sewing Club, and an honorary member of who is an original cosponsor of this bill and S. 1287 with Instructions (Roll Call number Beta Sigma Phi. has constituents affected by this inequity, in- 62). On the wall of her apartment, Mrs. Morrisey troduced legislation similar to the bill I intro- I would have voted against S. 1287 (Roll has a quote by Helen Keller: ``So much has duced today. That bill was not adopted at that Call number 63). been given to me, I have no time to ponder time. I would have voted against ordering the Pre- over that which has been denied.'' Mrs. Since then, the Council, the Mayor, and the vious Question on H. Res. 445 (Roll Call num- Morrisey lives her life according to this quote. control board have agreed to pay for this in- ber 64). Mr. Speaker, I ask that we all wish a happy E430 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2000 birthday to this outstanding American, wife, RETIREMENT TRIBUTE TO DR. H.G. Robert Rosegarten is an avid sculptor and mother, journalist and friend. Hopefully we can BRYANT painter, whose art works have gained wide at- all learn from the wonderful example that Mrs. tention by appearing in many local galleries on Morrisey has set and follow the life of dignity HON. RON LEWIS Long Island. Mayor Rosegarten is a loving fa- and integrity that she has led. OF KENTUCKY ther of three sons and a proud grandfather to IN THE HOUSE OF REPRESENTATIVES six grandchildren. f Mr. Speaker, I ask my colleagues in the Tuesday, March 28, 2000 House of Representatives to join me today in OIL PRICE REDUCTION ACT OF 2000 Mr. LEWIS of Kentucky. Mr. Speaker, today honoring Robert Rosegarten as he completes I pay tribute to Dr. H.G. Bryant, Jr., of my dis- another milestone in his career and in wishing SPEECH OF trict on the occasion of his retirement from him many more years of active service to his Swedish Match North American, Inc., an em- family and his community. HON. SHEILA JACKSON-LEE ployer of many in Owensboro, KY. f OF TEXAS Dr. Bryant has been with Swedish Match for WOMEN’S HISTORY MONTH IN THE HOUSE OF REPRESENTATIVES more than 30 years in a number of positions. He began his career in 1968 as a senior sci- Wednesday, March 22, 2000 entist with Liggett Group and ends his career HON. NANCY PELOSI as vice president for research and develop- OF CALIFORNIA The House in Committee of the Whole ment, quality control and leaf procurement of IN THE HOUSE OF REPRESENTATIVES House on the State of the Union had under Tuesday, March 28, 2000 consideration the bill (H.R. 3822) to reduce, Pinkerton Tobacco Co., which is now Swedish suspend, or terminate any assistance under Match. Ms. PELOSI. Mr. Speaker, thanks to the ef- the Foreign Assistance Act of 1961 and the During his time at Swedish Match, Dr. Bry- forts of enterprising women in Sonoma Coun- Arms Export Control Act to each country de- ant has made a number of valuable contribu- ty, CA, March is Women's History Month. As termined by the President to be engaged in tions to the Owensboro area. He has served we celebrate women's history, we must focus oil price fixing to the detriment of the on the Kentucky Wesleyan College board of on the future of women. The right to choose United States economy, and for other pur- trustees, the Owensboro Community College and make family planning decisions is central poses. Foundation and the Kentucky Council on Eco- to women's liberty and freedom in that future. Ms. JACKSON-LEE of Texas. Mr. Chair- nomic Education. His civic contributions to the Family planning represents an opportunity for man, today I rise in opposition to the Oil Price community also include support of the United women and empowers families to make deci- Reduction Act. This bill does not give the Way and local food banks. sions that impact their quality of life and their President any more authority or require more Dr. Bryant has been a good friend to many future. action than he currently possesses. Further- in the community of Owensboro, as an em- United States support for international family more, the Republican leadership refused to ployer and a civic leader. Today I acknowl- planning is an integral part of a progressive allow any waivers for Democratic amendments edge his commitments and achievements, agenda for women and a foreign policy agen- that would have significantly improved this along with his family, and wish him a happy da that saves the lives of women and children measure. and healthy retirement. and improves life circumstances. Unfortu- This bill authorizes the President to reduce, f nately, many impoverished women are held hostage to the conservative politics of the right suspend, or terminate assistance, such as TRIBUTE TO ROBERT military assistance or foreign aid, to countries wing of the Republican party and damaging ROSEGARTEN, MAYOR OF GREAT restrictions on international family planning as- that fix oil prices to the disadvantage of the NECK PLAZA American economy. Oil price fixing under this sistance that conservatives forced into law. Last year, conservatives forced President measure is defined as participation in any Clinton to accept the undemocratic ``global agreement, arrangement or understanding HON. GARY L. ACKERMAN gag rule'' restrictions that force foreign non- with other countries that are oil exporters that OF NEW YORK governmental organizations (NGOs) to give up increase the price of oil or natural gas by IN THE HOUSE OF REPRESENTATIVES their right to participate in their own demo- means of limiting oil or gas production or es- Tuesday, March 28, 2000 cratic process to become eligible for U.S. tablishing minimum prices for oil or gas. Fur- Mr. ACKERMAN. Mr. Speaker, today I pay funds. These restrictions contradict the main thermore, this bill would require the President tribute to Robert Rosegarten upon his retire- objective of U.S. foreign policy, fostering de- to report to Congress as to whether major oil ment as Mayor of The Village of Great Neck mocracy and stability throughout the world. exporters are engaged in the defined oil price Plaza, NY, on Friday, March 24th. They represent a strong setback for women fixing to the detriment of the U.S. economy. Mayor Rosegarten's work in Great Neck and democracy. If the U.S. Government tried It requires the President to ``undertake a Plaza has been recognized on both the na- to impose similar restrictions on U.S.-based concerted diplomatic effort to convince'' coun- tional and state level. His work to revitalize the organizations, they would, without a doubt, be tries accused of oil price fixing that their pro- downtown Great Neck shopping area is a unconstitutional. They are undemocratic and duction levels are inadequate and have signifi- model for local municipalities nationwide. deny women a fundamental right. cant negative impacts on world economies. Under the mayor's dynamic supervision, the Restrictions on family planning assistance Recently, the Organization of Petroleum Ex- village of Great Neck Plaza has not only expe- will restrict access for poor women, which will porting Countries [OPEC] acted in concert to rienced financial success, but is also highly re- result in more unintended pregnancies, more decrease oil production and hold approxi- garded for its aesthetic beauty. Mayor births, more maternal deaths and injuries and mately 4 million barrels of oil a day. Since this Rosegarten's service to the community will more abortions. The World Health Organiza- decision to curtail production of 6 percent of undoubtably be used as a measuring stick for tion estimates that 600,000 women die each the global supply of oil, prices have steadily future Great Neck public officials. year from pregnancy-related causes and more increased from $11 a barrel in December Prior to his distinguished service as mayor than 150 million married women who want 1998 to $30 a barrel just last month. The of Great Neck Plaza for the past 8 years, Mr. contraceptives have no access to them. United States has not seen prices this high Rosegarten held the position of deputy mayor Soon, I will introduce legislation, along with since the 1991 Persian Gulf war. for 8 years and was also a village trustee for Representative NITA LOWEY and Representa- Our Nation's truckers, airlines, railroads, 2 years. Mayor Rosegarten has further distin- tive CHRIS SHAYS, to ensure that the current buses, and automobiles have been adversely guished himself in the Great Neck community restrictions are never again included in law. impacted by these drastic oil production cuts. as president of the Great Neck Village Offi- This forthcoming legislation, the Global De- Our Nation needs relief; however, we must be cials Association, commissioner of the Great mocracy Promotion Act, will stop foreign careful not to rush legislation that may not fully Neck Central Police Auxiliary and member of NGOs from being forced to relinquish their address our energy needs. I support the the executive board of Great Neck's United right to free speech in order to participate in Democratic leadership's effort to include the Community Fund. U.S.-supported family planning programs. If enforcement provisions of this bill that will en- In addition to his work in the village of Great we can't impose these restrictions on U.S. or- able the President to effectively address situa- Neck Plaza, Mayor Rosegarten has been a ganizations, we shouldn't be imposing them tions where oil price fixing threatens the U.S. successful executive in the advertising indus- on foreign organizations. If passed, our legis- economy. try for over a quarter of a century. lation will stop foreign NGOs from being CONGRESSIONAL RECORD — Extensions of Remarks E431 excluded from these programs based solely They have five sons, 17 grandchildren and Betrayals were bad, from Jefferson worse, upon legal health services that they provide one great grandchild. impossible when they were betrothed. with their own, non-U.S. funds. If the services f A premature move back home was his fate, no destiny to be a two-term. are legal here, and they are legal where the HONORING THOMAS R. CAFFREY Oft’ ringing his hands and imploring his NGO is operating, it would be misguided to mate, his worth would she please affirm? deny an NGO the opportunity to carry out its He passed many by on the farm at important work. HON. JIM SAXTON Peacefield, to dust they went, compost This new bill will assist women around the OF NEW JERSEY for life. world by protecting their fundamental rights IN THE HOUSE OF REPRESENTATIVES As his time drew near, posterity sealed, he and enabling women to access important fam- Tuesday, March 28, 2000 relented, and thus joined his wife. Today we think mainly of First and of Third, ily planning services from NGO's. As we cele- Mr. SAXTON. Mr. Speaker, today I rise to brate Women's History Month, we must con- on Rushmore and our currency. congratulate Mr. Thomas R. Caffrey of Remember Our Friend, a man of his word, tinue fighting for fundamental rights for women Tuckerton, New Jersey. Mr. Caffrey was a first whose heartsleeve was for you and me. at home and around the globe. prize winner in C±SPAN's American Presi- f dents: Life Portraits Viewers' Contest. Mr. f Caffrey's poem on President John Adams is TRIBUTE TO DEWEY FAUGHT worthy of high praise. TRIBUTE TO THE LATE CAPTAIN President Adams served as our second ANTHONY R. STARNER HON. MARION BERRY president from 1797 to 1801. President OF ARKANSAS Adams, as one of our nation's Founding Fa- IN THE HOUSE OF REPRESENTATIVES thers helped shape a newly formed nation with HON. JAMES V. HANSEN OF UTAH Tuesday, March 28, 2000 his intellect and vigor. His personal cor- respondence with Thomas Jefferson have de- IN THE HOUSE OF REPRESENTATIVES Mr. BERRY. Mr. Speaker, I rise today to lighted scholars for years as they provide a Tuesday, March 28, 2000 pay tribute to a man who is a dear friend of personal glimpse of these two very important mine, Dewey Faught. Presidents. Mr. Caffrey's poem encapsulates Mr. HANSEN. Mr. Speaker, yesterday Dewey Faught has served the state of Ar- the life and times of President Adams. marked the second year that United States kansas and his country all of his life. He grad- I would like to enter into the RECORD Mr. Marine Corps Captain Anthony R. Starner, his uated in 1953 from Eudora High School in Caffrey's poem, ``Our Dearest Friend''. wife Ann, and their son Michael were tragically Eudora, Arkansas and went on to attend Flor- OUR DEAREST FRIEND killed in an automobile accident on their way ida State University, Arkansas State University (A POEM OF JOHN ADAMS) to Michael's baptism. Captain Starner served and the University of Central Arkansas where (By Thomas R. Caffrey) his country admirably in many places around he studied Business Administration. He also From Puritan seed a seminal birth to An- the world including: Guantanamo Bay, Cuba; received degrees in Liberal Arts and Agri- cient, he was for the ages. Puerto Rico; the Balkans; Estonia; and the culture. A blend of the heavens and merciless Earth United States of America. He was a selfless, Dewey is a veteran of the U.S. Air Force To a man needing many assuages well-respected, and caring officer, husband, having served during the Korean, Vietnam and The genesis of this patriot as Founder will and father. He and his family are missed by Cold War. He retired as a Senior Master Ser- yet be revealed. many friends, family members, and loved geant in July of 1974 after 20 years of honor- Portending rejection of British flat his fate ones. A flag flew over the Capitol Building about to be sealed. able service. His Squadron was the First Com- yesterday in their honor. bat Evaluation Group responsible for the ad- So stubborn affixing himself to the law in de- fense of the British who fired. ministration of the RBS radar sites. His ac- Yes justice was blind and everyone saw that f commodations include the Meritorious Service murder had not transpired. Award and National Defense Medal. He re- While sufferings mixed with physical his CONCURRENT RESOLUTION ON cently received an accommodation from the angst was most profound. THE BUDGET, FISCAL YEAR 2001 Secretary of Defense for his service through- So loving his country, he’s practical; can out the Cold War. America make it uncrowned? SPEECH OF Dewey also served as Executive Director, A man in the midst of Freedom’s vortex HON. FORTNEY PETE STARK Secretary and Treasurer for the Cabot Cham- The lover of laws because they protect and make ‘That Chair’ a rising sun. ber of Commerce for 20 years. He also served OF CALIFORNIA Declaring their freedom with principles in- IN THE HOUSE OF REPRESENTATIVES as the Secretary and Treasurer for the Cabot spiring Jefferson’s pen. Lions Club for 19 years, where he presently The Wordsmith’s text would soon convulse Thursday, March 23, 2000 holds the position of President. He has a per- all parties, including them. fect attendance record for his 20 years of Though stunned by the Lion’s thundering The House in the Committee of the Whole service to the Cabot Lions Club and is respon- roar, some cowed by fear of this mother. House on the State of the Union had under Undaunted courage he’d force to the show, a consideration the concurrent resolution sible for the recruitment of 40 members. He is (House Concurrent Resolution 290) estab- a lifetime member of the VFW Post #4548 as rally for most of the others. Prevailing at Yorktown made him celebrate, lishing the congressional budget for the well as the Disabled American Veterans. He is Conquest! On his date of birth! United States Government for fiscal year also a member of the AARP. In 1990 Dewey Yet sober he was knowing full well his sta- 2001, revising the congressional budget for received recognition from his church, Cabot tion, the Treaty would reflect his worth. the United States Government for fiscal year United Methodist, for his years of service as In Europe he felt the growing unease of ab- 2000, and setting forth appropriate budgetary Sunday school superintendent. In 1983 Dewey sence from ‘Portia’—his ‘Friend’. levels for each of fiscal years 2002 through was chosen Cabot Citizen of the Year. He He often would stir for his quick release, 2005: was also chosen for the Cabot Community when will this humility end? Mr. STARK. Mr. Chairman, the Full Employ- Leadership Award in 1999. His most recent The tenuous peace was forged with his met- ment and Balanced Growth Act of 1978 pro- tle, in Paris the year ’83. vides for the members of the Joint Economic project has him organizing the Cabot Veterans The subsequent years would provoke much Monument and Memorial, Inc. He is spear- nettle. In Britain he yearned to be free. Committee to come before the House and heading the construction of this memorial that Soon after he mixed into dear Quincy’s soil, present their views on the current state of the will honor Veterans in the North Lonoke Coun- a call came for services, more. U.S. economy, to serve as input in the debate ty communities of Cabot, Austin, and Ward, For eight years his self-doubt would burden we are about to have on the budget resolution Arkansas. the toil. ‘It’s hopeless’, he’d like to im- before us. I rise today to report that while Dewey Faught is a great American and plore. there are many economic achievements to great Arkansan. He is the kind of citizen that Before him the Giant of Mount Vernon, the celebrate, there is also a lot more to do in deified A Priori. order for everyone to share in the current made this nation the great place it is today. In whose shadow he often fell striving for his He has made Cabot a great place to work, live own glory. prosperity. and raise a family. I am proud to call him my Leading was harder than Founding, it For the first time since the Full Employment friend. Dewey has been married for 43 years seemed. Not service but politics he and Balanced Growth Act was passed in to Jane Powell formerly of Gillett, Arkansas. loathed. 1978, the U.S. economy has met the goals E432 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2000 which Senator Hubert Humphrey and Con- contrast to his predecessors, President Clinton from? I'll tell you. The Republicans want to gressman Gus Hawkins set out in the original and the Democrats in Congress implemented drop 310,000 low-income women off of WIC, bill: 1. The unemployment rate for individuals policies which eliminated the budget deficit. just next year. The Republicans want to deny over 20 is just 1¤2 percentage point above the And contrary to what the critics predicted, we child care to over 12,000 children of working goal of 3 percent. 2. The unemployment rate balanced the budget while experiencing the parents in 2001. The Republicans want to for individuals over 16 has met the stated goal longest period of prosperity in U.S. history. eliminate Head Start services for more than of 4 percent. 3. Inflation has remained below The Republican budget would put all of this 40,000 children and their families by 2005. the goal of 3 percent since the beginning of in jeopardy. The Republican budget calls for The Republicans want to cut off energy assist- the Clinton Administration, 7 years ago. 4. And large tax cuts, increases in defense spending, ance to 164,000 low-income families next all of this has been achieved while balancing and drastic reductions to non-defense discre- year, precisely at the same time oil prices are the federal budget, for the first time in over 40 tionary spending. Where have we heard this rising. And the list goes on and on. years. before? This precise mix of policies brought us It is a shame Senator Humphrey and Con- the record budget deficits of the 1980s, which The Republicans call their budget ``senior- gressman Hawkins could not witness these contributed to a decline in living standards for friendly.'' Well, with friends like them, who achievements. the vast majority of Americans. needs enemies? The great irony is that Senator Humphrey My colleagues claim that their budget fixes The Republicans set aside $40 billion for re- and Congressman Hawkins saw these goals Social Security and Medicare, creates a pre- forming Medicare and establishing a prescrip- as part of the path toward achieving full em- scription drug insurance program, and does all ployment and balanced economic growth. tion drug program, yet they fail to provide us this while keeping the budget in surplus. Well, with the details of how they plan to do so. Today, 20 years later, Alan Greenspan views this sounds like de ja vu all over again. To them as dangerous signs of an overheating There are reports that the Republican's pre- paraphrase this month's testimony of Nobel scription drug program would only cover low- economy! I agree with Humphrey and Haw- Laureate Robert Solow before the Joint Eco- income Medicare recipients. Do they actually kinsÐlow employment and inflation, and rising nomic CommitteeÐif you believe that their think that only the poor take prescription wages are always good for an economy. budget will do all that, I must be Alice and this Currently, unemployment and inflation are drugs? In fact, over half of Medicare bene- must be wonderland. low, average wages are rising, and produc- ficiaries who lack prescription drug coverage The Reagan supply-side policies were a tivity is growing. There is cause to celebrate complete failure. While a few got rich, the vast have incomes above 150 percent of poverty. these achievements, which are due, in large majority of American workers and their fami- The cost of prescription drugs is the fastest part, to the economic policies of the last 7 lies suffered as the country was saddled with growing part of health care, and it affects all years. But the Humphrey-Hawkins bill also an enormous debt, which those working fami- Americans. We must establish a comprehen- called for establishing a national goal to fulfill lies are still paying off. sive prescription drug plan which covers all the RIGHT of all adult Americans who are The nation made the mistake of buying that seniors, regardless of income, as they are the able, willing and seeking work to find employ- snake oil once, why should we do it again? I ones suffering the most from rising drug costs. ment at fair compensation. We may have met am not about to put the incomes of American the numerical targets set out in the bill, we still The Republicans claim to put aside funds to families at risk once again, especially as they have a lot to do in order to meet their over- shore-up Social Security. But in fact, if they do are just beginning to recover from the last Re- arching goal. everything they promise, the Republican budg- Despite the historic economic prosperity we publican attempt to ``save'' the economy. et will actually spend the Social Security sur- are currently experiencing, the average after- The Republican budget includes a ``Bush- plus. We need to protect Social Security, not tax income of the wealthiest families continues lite'' tax cut. I must at least give my colleagues put it under any more risk. It seems like every- to grow faster than that for all other Ameri- some credit for rejecting the full Bush tax cut one has learned the clear lessons of the last cans, causing the income gap to continue wid- proposal completely. Their tax cut would only 7 years except my colleagues on the other ening. Some of my colleagues like to argue go half as farÐwhich is still way too much. side of the aisle. The Republican's current tax cut proposals that the tax code should not be used to redis- Over the last 20 years we have put off ad- tribute income to the poor. Well, I say we cost more than the bloated tax cut proposal from last year, which the American people dressing some of the major economic prob- should stop using the tax code to redistribute lems affecting American workers and their income to the rich, like we have been doing! clearly rejected. families. Now, during this time of unprece- Consider the following: Just the richest one There are two fundamental things wrong dented prosperity, it is time to begin dealing percent of AmericansÐ2.7 million peopleÐ with their tax proposals. First, they benefit the with these issues. If we can't do it now, then took home as much after-tax income as the rich and don't help the vast majority of Ameri- lowest 38 percentÐor 100 million peopleÐ cans. Second, these tax cuts, together with when can we? combined. In 1998, the average income of the the rest of the budget package, are certain to Instead of debating tax cuts which favor the wealthiest 20 percent of families was 14 times get us back into the mess we were in during rich and will put us back in the fiscal straight- higher than that of the poorest 20 percent. the 1980s, which caused real economic hard- jacket of massive debt, we should be dis- After adjusting for taxes, the top 20 percent of ship on workers and their families. cussing how to provide quality health care for U.S. households experienced a 43 percent in- The Republican budget calls for increasing all Americans, while controlling costs. crease in average income from 1977 to 1999, defense spending by $171¤2 billion above the while the average income of the lowest 20 caps, which is even more than the Administra- We should be discussing ways to protect percent experienced a 9 percent decline. In tion's request. According to the Children's De- the most vulnerable AmericansÐthe sick and 1999, almost 13 percent of total national after- fense Fund, just this additional spending alone the elderly. We should pass a strong patient's tax income was concentrated in the top one would be enough to: Provide Head Start to 1.7 bill of rights, which includes a patient's right to percent of Americans. million additional children; and Provide child sue for damages, that is not cynically loaded The foundations for this disparity were laid care to more than 8 million additional children; with poison billsÐlike Medical Savings Ac- during the 1980s, when average after-tax in- and Provide 21st Century After-School pro- counts, which are nothing more than tax cuts come for the wealthiest fifth of households in- grams for close to 35 million additional chil- for the rich. creased by 33 percent. dren. We should raise the minimum wage without The Republican budget does nothing to nar- Just think what we could do for our children having to buy-off the wealthy by providing row the growing gap between the rich and the if we were willing to forgo just one new major them close to $80 billion in estate tax cuts. weapon system. In addition to being a budget- poor, and in fact would actually make it worse. Working full-time at the current minimum wage buster, excessive defense spending forces us Tax breaks for multi-millionaires do not help is not even enough to keep a family of 3 or to shift our priorities away from feeding, cloth- the millions of average Americans or narrow 4 out of poverty. Raising the minimum wage is the gap between the rich and the poor. ing and educating our children and caring for long overdue and should be done with no con- In addition, the Republican budget would the sick, the elderly and ditions attached. jeopardize the economic prosperity we are The Republican budget has a solution to currently enjoying. this problemÐcut non-defense discretionary For these reasons and others, I urge my In 1992, President Clinton inherited budget spending by 6 percent or $114 billion over 5 colleagues to reject the Republican budget deficits for ``as far as the eye could see.'' In years. Where is this money going to come resolution. CONGRESSIONAL RECORD — Extensions of Remarks E433 CONCURRENT RESOLUTION ON these studies, the Budget Resolution still inad- he is a member of the Inland Empire Board of THE BUDGET, FISCAL YEAR 2001 equately funds programs that would provide Directors for the Employer's Group, the for programs targeting children in their young- civically minded Monday Morning Group and SPEECH OF er years. the Raincross Club. Additionally, in the past, HON. SHEILA JACKSON-LEE In addition, we need to open the door of he has selflessly served as Vice Chair of the educational opportunity to all American chil- Parkview Community Hospital Board, Vice OF TEXAS dren. It is well known that increases in income Chair of the March Field Museum Foundation IN THE HOUSE OF REPRESENTATIVES are related to educational attainment. The Board of Managers and member of the Board Thursday, March 23, 2000 Democratic budget alternative rejects the Re- of Directors for the Volunteer Center of River- publican freeze on education funding and allo- The House in Committee of the Whole side. House on the State of the Union had under cates $4.8 billion more for education for FY Richard Roth is a Managing Partner of the consideration the concurrent resolution 2001, than the Republican budget. Over five Riverside County law firm of Reid & Hellyer. (House Concurrent Resolution 290) estab- years, the Democratic Party demonstrates its He is also involved in the community as an lishing the congressional budget for the commitment to education by proposing $21 adjunct instructor in Labor and Employment United States Government for fiscal year billion more than the Republican Budget Reso- Law at the University of California at River- 2001, revising the congressional budget for lution. side, Graduate School of Management and in the United States Government for fiscal year The Congressional Black Caucus (``CBC'') the University Extension Division. 2000, and setting forth appropriate budgetary will offer an amendment in the nature of a In addition to his private practice of law, levels for each of fiscal years 2002 through 2005: substitute that promises to invest for the future Richard Roth is a Brigadier General in the of our nation. The CBC substitute is a budget United States Air Force Reserve. In this posi- Ms. JACKSON-LEE of Texas. Mr. Chair- that maximizes investment and opportunity for tion, he presently serves as the Mobilization man, today I rise in strong opposition to the the poor, African Americans, and other minori- Assistant to the Staff Judge Advocate, Head- Budget Resolution for FY 2001 (H. Con. Res. ties. This Budget for Maximum Investment and quarters Air Mobility Command and Reserve 290). For the third consecutive year Repub- Opportunity supports a moderate plan to pay Advisor to the Chief Counsel, United States licans have chosen to provide large tax breaks down the national debt; protects Social Secu- Transportation Command. In 1987, Richard for the wealthy. This Budget Resolution pro- rity; and makes significant investments in edu- Roth received the Reginald C. Harmon Trophy vides at least $200 billion in tax breaks over cation and training. as the Air Force Outstanding Reserve Attor- the next five years for the financial elite of The CBC budget requests $88.8 billion in ney and in 1992 he was named California Air America. Furthermore, this resolution is a FY 2001 for education, training, and develop- Force Association Reserved Man of the Year. major down payment for George W. Bush's ment. This is $32 billion more than the Repub- Richard's outstanding accomplishments proposed trillion-dollar tax scheme. I will not lican budget provides. The CBC substitute will make me proud to call him my friend, commu- standby while our children's future is bank- propose a $10 billion increase over the Presi- nity member, and fellow American. I thank him rupted to fund this irresponsible Budget Reso- dent's Budget for school construction. Other for his contribution to the betterment of the lution. projected increases include additional funding community and I look forward to continuing to This budget contains deep cuts in domestic for Head Start, Summer Youth Employment work with him for the good of Riverside Coun- spending by $114 billion over the next five TRIO programs, Historically Black Colleges ty. years; fails to provide anything to strengthen and Universities, and Community Technology f Social Security or Medicare; cuts nondefense Centers. In an age of unprecedented wealth discretionary spending by $19.7 billion in 2001 the CBC has the vision to invest in the Amer- RECOGNIZING MARC COTTA and $138 billion over the next five years below ican family and not squander opportunities af- the level needed to maintain purchasing power forded by a budget surplus. HON. GEORGE RADANOVICH after adjusting for inflation; and pretends to re- I will not support the failed policies of the OF CALIFORNIA serve $40 billion for a Medicare prescription past. Senator MCCAIN has best characterized IN THE HOUSE OF REPRESENTATIVES drug benefit contingent upon essentially turn- this Budget Resolution as one that is ``fiscally Tuesday, March 28, 2000 ing Medicare into a voucher program. Repub- irresponsible.'' I support a budget that invest licans have used slight of hand to hide the strengthening Social Security; provides an af- Mr. RADANOVICH. Mr. Speaker, I rise facts of their irresponsible budget by showing fordable prescription drug benefit for all sen- today to recognize Marc Cotta for his many the effects of proposed tax cuts for only the iors; helps communities improve public edu- years of service in the news industry. Cotta, first five years and not the full ten year projec- cation with quality teachers, smaller classes, who is currently the News Director for KJEO± tions commonly used during the last four greater accountability and modern schools; TV 47 in Fresno, is retiring this week after 26 years. and pay down the national debt. These are years of service in the broadcast business. I am disappointed in the Budget Resolution the policies that invest in our children and in Starting out in 1973 with KSLY (of San Luis because I do not believe that it provides ade- the future of our nation in the 21st century. Obispo) and KTIP/K100 (of Porterville), Cotta quate investment in our nation's future. Amer- f got his early career start working on radio ica's future depends on that of her young peo- sales, news reporting, and announcing/produc- pleÐin providing them adequate resources TRIBUTE TO RICHARD ROTH tion. He then spent 3 years as Assistant Pro- and opportunities to become our future lead- gram Director for KSLY, before moving into ers including providing them education and ac- HON. KEN CALVERT television. From 1978±1980, Cotta worked as cess to adequate health care. OF CALIFORNIA a reporter and news sports anchor for KSBY The Budget resolution provides inadequate IN THE HOUSE OF REPRESENTATIVES (of San Luis Obispo). In 1980, Cotta moved to resources for the education of our young peo- Fresno's KJEO, channel 47 and a CBS affil- ple. I firmly believe that we must focus our at- Tuesday, March 28, 2000 iate, where he worked as a television reporter. tention and our energy on one of the most im- Mr. CALVERT. Mr. Speaker, I honor an indi- By 1981 he had already moved up to be the portant challenges facing our country todayÐ vidual whose dedication to the community and Sports Director for KJEO, where he served revitalizing our education system. Strength- the overall well-being of the 43rd Congres- until 1992. From 1992 to 1993, Cotta served ening education must be a top priority to raise sional District is notable. On April 1st, Mr. as Executive Managing Editor for KJEO. Be- the standard of living among American fami- Richard Roth, will step down as the Chair of cause of his strong work ethic, attention to de- lies and to prolong this era of American eco- the Greater Riverside Chamber of Com- tail and ability to know a good news story, it nomic expansion. Education will prepare our merceÐa day that also marks Chamber's 100 wasn't long before the station promoted Cotta nation for the challenges of the 21st century, year anniversary of service to the community. once again, this time to Assistant News Direc- and I will fight to ensure that the necessary My district has been fortunate to have dy- tor, where he served until 1995. From 1995 to programs are adequately funded to ensure our namic and dedicated community leaders who present, Cotta has served as News Director children's success. willingly give their time and talents to promote for KJEO in Fresno. We must provide our children access to su- the businesses, schools and community orga- Cotta is a great news director. He's always perior education at all ages from kindergarten nizations. Mr. Roth has proved himself one of on the hunt for the next story. He keeps a to graduate school. Recent studies emphasize these individuals again and again. Rolodex a mile long with contacts throughout the importance of quality education early in a Richard Roth has a long and commendable the Central Valley and indeed throughout Cali- child's future development. And yet despite history of serving Riverside County. Currently, fornia. E434 CONGRESSIONAL RECORD — Extensions of Remarks March 28, 2000 Among his accomplishments Cotta won the ‘‘MR. BASEBALL’’, A TRIBUTE TO reducing the national debt, protecting Social Edward R. Murrow Award in 1998 for the SENATOR HARRY WIGGINS OF Security and getting the most out of the dol- western region. He has had three Emmy-nom- MISSOURI lars we invest, one would hope the budget inated newscasts: for 1996, 1997, and 1998. resolution could be accomplished in a con- In addition, he had Emmy-nominated reports HON. PAT DANNER structive fashion. At this time, we should es- in 1997. Cotta started the Fresno market's OF MISSOURI tablish a blueprint for government spending only weekly half-hour sports show. He has that guides our spending decisions through IN THE HOUSE OF REPRESENTATIVES also developed the first live aerial news gath- the coming years and gives a signal to the ering capabilities in the market, the first digital Tuesday, March 28, 2000 American public about our priorities. satellite news gathering in the market, and the Ms. DANNER. Mr. Speaker, as famed base- Unfortunately, again this year that has not first two and half AM show newscasts in the ball legend George Herman ``Babe'' Ruth once been the case with the budget resolution. The market. said, ``Baseball was, is and always will be to resolution adopted by the Republican majority Cotta has produced a variety of T.V. spe- me the best game in the world.'' Well Mr. continues a pattern of budget gimmicks, ambi- cials and programs, as well as spearheading Speaker, for more than 30 years, America's guity, and deception. The Republican appro- coverage of several major sporting and news favorite pastime has, indeed, been the best priators have no intention of following this events. Cotta has covered Super Bowls, the game in the world to my former colleague and blueprint and there is virtually no one in the World Series, Major League All-Star games, longtime friend, Missouri State Senator HARRY Republican caucus who's going to have a vot- the NIT Championship of 1983, the College WIGGINS. Today I honor him for being named ing record at the end of this year that would World Series, and the 1989 San Francisco ``Mr. Baseball'' by the Kansas City Royals. conform to what the budget resolution de- earthquake. As most fans of the Kansas City Royals are mands. This budget is rife with double count- While Cotta leaves channel 47, KJEO he re- aware, Senator Wiggins has been a lifelong ing, under counting for important priorities mains an outstanding source of news and in- sports enthusiast who has never hesitated in such as a Medicare prescription drug benefit, formation and leaves behind a 26 year legacy and slashes other priorities for massive tax of dedication to his profession and his commu- proclaiming the Royals as ``The greatest orga- nization in baseball.'' Since becoming a state cuts that are not supported by the American nity. public and will not find their way into law. Mr. Speaker, I want to recognize Marc Cotta senator in 1974, Harry has used his position I voted for four alternatives to this budget, for his tremendous contributions to his com- as a dedicated public servant to rally behind all of which are superior to the Republican munity and to the news and broadcast busi- the needs of the franchise while advancing the version which was passed. There are details ness. I urge my colleagues to join me in wish- Royals' image as a team which thrives on the of each that I don't necessarily agree with, but ing Mr. Cotta many more years of continued spirit and dedication of its fans. they are each more honest and would be bet- success. As a young boy growing up in Kansas City, ter for America than the Republican version. f Harry dreamed of playing third base for the Kansas City Blues, a Triple A Farm Team I hope I will see the day when we have a IN HONOR OF LTC STEVE H. whose glory days have long since ended. Al- budget resolution that actually resembles the INADA though Harry would never join the ranks of final budget at the end of the year. baseball greats such as Joe Dimaggio, Mickey f HON. SAM FARR Mantle and Johnnie Mize on the baseball dia- IN RECOGNITION OF GREEK OF CALIFORNIA mond, his love of the game and passion for INDEPENDENCE DAY IN THE HOUSE OF REPRESENTATIVES baseball in Kansas City has never diminished. Tuesday, March 28, 2000 Decades later, and now as a seasoned states- man and respected politician, Harry is still the HON. SAM GEJDENSON Mr. FARR of California. Mr. Speaker, today first fan to arrive at Kauffman Stadium and the OF CONNECTICUT I honor a man who has dedicated his life to last to leaveÐhis busy Senate schedule per- IN THE HOUSE OF REPRESENTATIVES serving in the U.S. Army and has pursued all mitting, of course. Tuesday, March 28, 2000 of his military endeavors with the highest de- Mr. Speaker, I thank the House of Rep- Mr. GEJDENSON. Mr. Speaker, I rise today gree of bravery and courageousness. Lieuten- resentatives for allowing me to congratulate to recognize March 25th as Greek Independ- ant Colonel Steve Inada will be retiring from Senator Harry Wiggins for his many years of ence Day. This past Saturday, as Greeks active duty on June 1, 2000, after over twenty support for the Kansas City Royals. His love celebrated the 179th anniversary of their free- years of service to his country. of the game of baseball, commitment to the Born in Marina, California, Steve enlisted in dom from Ottoman rule, many of my own con- team and unwavering advocacy on behalf of the Army through the University of California stituents commemorated this occasion with a all Royals' fans continue to show that he is at Berkeley ROTC program in April 1978. special ceremony in Middletown, Connecticut. truly deserving of the title, ``Mr. Baseball''. Throughout his military career, LTC Inada's The blue-and-white Greek flag flew high over valiant service has resulted in, among other f Middletown, as city and state officials gathered things, his receipt of various personal awards CONCURRENT RESOLUTION ON with residents for the unveiling of a new street including: an Army Service Ribbon; a National THE BUDGET FISCAL YEAR 2001 sign called Eleftheria WayÐthe Greek work Defense Ribbon; an Armed Forces Reserve for freedom. Ribbon; an Army Achievement Medal; a Joint SPEECH OF The pursuit of freedom is just one of the Service Achievement Medal; an Army Com- many ideals which have historically bound to- mendation Medal; a Joint Commendation HON. EARL BLUMENAUER gether our peoples. In many ways, Greece Medal; three Meritorious Service Medals; a OF OREGON was the birthplace of American democracy. In Joint Meritorious Service Medal; and he will IN THE HOUSE OF REPRESENTATIVES 370 B.C., Plato wrote in The Republic: ``De- soon receive a Retirement Medal. A life of Thursday, March 23, 2000 mocracy is a charming form of government, dedication to his country has also earned full of variety and disorder, and dispensing a Steve a Joint Meritorious Unit Award, an Air- The House in Committee of the Whole kind of equality to equals and unequals alike.'' borne Badge, a Joint Staff Badge and an Of- House on the State of the Union had under In an address made over 2400 years ago, fice of Secretary of Defense Badge. We consideration the concurrent resolution Pericles explained: ``Our Constitution is called (House Concurrent Resolution 290) estab- should all aspire to lead a life of public service lishing the congressional budget for the a democracy because power is in the hands similar to that of LTC Inada who has time and United States Government for fiscal year not of a minority but of the whole people. time again placed his country before himself. 2001, revising the congressional budget for When it is a question of settling private dis- Mr. Speaker, I ask that you join me and our the United States Government for fiscal year putes, everyone is equal before the law; when colleagues in recognizing the many contribu- 2000, and setting forth appropriate budgetary it is a question of putting one person before tions which LTC Inada has made as a mem- levels for each of fiscal years 2002 through another in positions of public responsibility, ber of the U.S. Army. At each assignment, he 2005: what counts is not a membership of a par- has functioned as an invaluable asset to his Mr. BLUMENAUER. Mr. Chairman, passing ticular class, but the actual ability which the division. Although well deserved, LTC India's a budget resolution should be the first step in mass possesses.'' retirement is a loss for the U.S. Army. I wish a process of guiding our country towards fiscal As Americans, we are indebted to the con- Steve many years of happiness as he enjoys stability. In a time when the economy is strong tributions of the Ancient Greeks in so many his golden years. and when there is a consensus on things like areas, including science, medicine and the CONGRESSIONAL RECORD — Extensions of Remarks E435 arts. Greek civilization has inspired our pas- River Storage Project Act of 1956, which au- be inscribed with the major achievements of sion for truth and justice. And for more than a thorized Glen Canyon, Flaming Gorge, Navajo the man known affectionately even today in century, Americans of Greek descent have and Curecanti projects, plus several smaller Colorado as ``Mr. Chairman.'' Members of the continued to lend their wisdom, energy and projects authorized for construction and others Aspinall Memorial Commission envision the talent to our nation while weaving their own designated for study. Aspinall's legislation was Congressman Wayne N. Aspinall Memorial as unique history into the social fabric of Amer- signed into law by President Eisenhower on an educational one, designed as much to ica. April 11, 1956. teach students and others of the importance of Greek Independence Day marks an impor- In 1959, Congressman Aspinall became sound water conservation, good government, tant milestone for lovers of freedom and de- Chairman of the U.S. House Interior and Insu- and the history of water in the West as to mocracy worldwide. I congratulate Greece for lar Affairs Committee, as I mentioned. The en- record Mr. Chairman's stellar accomplish- 179 years of independent rule and for a leg- suing 14-years of his leadership were probably ments. acy that will extend for an eternity. the most productive in history in terms of The $165,000 Memorial will sit in the south- f water projects and national parks authorized east quadrant of what is now known as Pali- and built or developed, wilderness areas des- sade Park, on a bluff above the Colorado TRIBUTE TO WAYNE ASPINALL ignated, redwoods protected, the states of River about 50 yards from the home to which Alaska and Hawaii were admitted to the he had retired. HON. SCOTT McINNIS Union, public land law review, and so much Mr. Speaker, I commend the people of Pali- OF COLORADO more. sade and of the entire State of Colorado for IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, this remarkable Congress- their effort to honor a man who served the man's accomplishments continued. In 1964, Tuesday, March 28, 2000 great American West with such distinction. he paved the way to the Wilderness Act, Mr. McINNIS. Mr. Speaker, I rise today to And I urge all of who can do so to support this which became law September 3 and des- project financially. pay homage to a man who sat in this august ignated 9.1 million acres of wilderness and set body for 24 years, from 1948 to 1972. Mr. aside more for study. At the same time, the ASPINALL MEMORIAL COMMISSION MEMBERS Speaker, he served with six Presidents during Land and Water Conservation Fund was es- Tilman N. Bishop, Retired State Senator that time, and was Chairman of the House In- tablished primarily for parks acquisition. and Educator. terior and Insular Affairs Committee. It was Then, in 1968, he created the Colorado Greg Walcher, Executive Director Dept. of during his tenure in the House that the focus River Basin Development Act, signed into law Natural Resources. cleared on land and water issues in this great by President Johnson on September 30, which Atty. Charles J. Traylor, former Aspinall country. Mr. Speaker, I am referring to the balanced development in the basin. On Octo- Washington aide. late-Congressman Wayne N. Aspinall from the ber 2 of the same year, his bill was signed Dean Smith, Mayor of Palisade. small peach and winery town of Palisade, Col- protecting 58,000 acres of California redwoods Rich Helm, Executive Director, Museum of orado. and the Land and Water Conservation Fund Western Colorado. Not only did Wayne Aspinall serve with dis- was further beefed-up. Robert Helmer, Fruit Grower, President of tinction here, but his career in public service Finally, Mr. Speaker, he returned to his Palisade Chamber of Commerce. spanned over 48 years, including six years on hometown of Palisade, Colorado in 1973 to Robert C. Dougherty, Associate Publisher, his Town's Board of Trustees and 16 years in live in a new home overlooking the Colorado Palisade Tribune. the Colorado Legislature. His six years in the River which his life's work had done so much George Distefano, Fruit Grower, rep- Colorado House of Representatives included to preserve as a valuable resource for the en- resenting American Legion. service as House Speaker for two years. As a tire western United States. He died October 9, state Senator for ten years, he served as both 1983. Harry Talbott, President, Talbott Farms. Majority and Minority leader. He was also a Now, the citizens in his hometown plan to Elvis Guin, Retired Engineer, representing sergeant in the Air Service of the Army Signal honor his memory with a one and a half time Palisades Lions Club. Corps during World War I. life-size bronze sculpture by renowned North Don Taylor, former Aspinall student, Retired But let me talk further about Wayne Carolina artist Thomas Jay Warren. The stat- Military. Aspinall's time in the U.S. Congress. In 1956, ue will be the central feature of a Memorial Mike McEvoy, President, Palisades National as Chairman of the Subcommittee on Irrigation which will include the representation of a dam Bank. and Reclamation, he crafted the Colorado and river. Several adjacent Memory Walls will Mary White, sister of Mr. Aspinall. Tuesday, March 28, 2000 Daily Digest

HIGHLIGHTS The House agreed to the Senate amendment to H.R. 5, Senior Citizens’ Freedom to Work Act—clearing the measure for the President. The House agreed to H. Con. 269, commending the Library of Congress and its staff for 200 years of outstanding service and encouraging par- ticipation in its bicentennial activities. Senate A unanimous-consent agreement was reached pro- Chamber Action viding for further consideration of the resolution at Routine Proceedings, pages S1765–S1832 9:30 a.m., on Wednesday, March 29, 2000, with a Measures Introduced: Ten bills and three resolu- vote on the motion to close further debate to occur tions were introduced, as follows: S. 2300–2309, S.J. at 10 a.m. Page S1831 Res. 43, S. Res. 278, and S. Con. Res. 99. Gasoline Taxes—Cloture Motion Filed: A motion Page S1815 was entered to close further debate on the motion to Measures Reported: Reports were made as follows: proceed to the consideration of S. 2285, instituting H.R. 1487, to provide for public participation in a Federal fuels tax holiday and, in accordance with the declaration of national monuments under the Act the provisions of Rule XXII of the Standing Rules popularly known as the Antiquities Act of 1906. (S. of the Senate, a vote on the cloture motion will Rept. No. 106–250) Page S1815 occur on Thursday, March 30, 2000. Page S1831 Measures Passed: Subsequently, the motion to proceed was with- drawn. Page S1831 Taiwan Elections: Senate agreed to S. Con. Res. 99, congratulating the people of Taiwan for the suc- Measures Placed on Calendar: Page S1813 cessful conclusion of Presidential elections on March Measures Read First Time: Page S1829 18, 2000, and reaffirming U.S. policy toward Tai- Communications: Pages S1813±14 wan and China. Pages S1829±30 Petitions: Pages S1814±15 Flag Protection: Senate continued consideration of S.J. Res. 14, proposing an amendment to the Con- Statements on Introduced Bills: Pages S1815±26 stitution of the United States authorizing Congress Additional Cosponsors: Pages S1826±27 to prohibit the physical desecration of the flag of the Notices of Hearings: Pages S1828±29 United States, taking action on the following amendments proposed thereto: Pages S1765±S1807 Authority for Committees: Page S1829 Rejected: Additional Statements: Pages S1811±13 By 36 yeas to 64 nays (Vote No. 45), McConnell Record Votes: Two record votes were taken today. Amendment No. 2889, in the nature of a substitute. (Total—46) Pages S1794, S1796 Pages S1793±94 Hollings Amendment No. 2890, to propose an Adjournment: Senate convened at 9:30 a.m., and amendment to the Constitution of the United States adjourned at 5:46 p.m., until 9:30 a.m., on Wednes- relating to contributions and expenditures intended day, March 29, 2000. (For Senate’s program, see the to affect elections. (By 67 yeas to 33 nays (Vote No. remarks of the Majority Leader in today’s Record on 46), Senate tabled the amendment.) Pages S1768±95 page S1831.)

D271 D272 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 2000

trafficking on the security of Columbia and neigh- Committee Meetings boring countries of the Andean Ridge from officials (Committees not listed did not meet) of the Central Intelligence Agency and the Defense Intelligence Agency. APPROPRIATIONS—DEFENSE Committee recessed subject to call. Committee on Appropriations: Subcommittee on Energy BUSINESS MEETING and Water Development concluded hearings on pro- Committee on the Budget: posed budget estimates for fiscal year 2001 for the Committee began markup of Department of Energy, focusing on defense pro- an original concurrent resolution setting forth the grams, after receiving testimony from Rose E. fiscal year 2001 budget for the Federal Government, Gottemoeller, Acting Deputy Administrator for De- but did not complete action thereon, and will meet fense Nuclear Nonproliferation, Department of En- again tomorrow. ergy; Gen. Eugene E. Habiger, USAF, Retired Di- RURAL BROADBAND ACCESS rector, Office of Security and Emergency Operations; Committee on Commerce, Science, and Transportation: Sub- Brig. Gen. Thomas F. Gioconda, USAF, Acting committee on Communications concluded hearings Deputy Administrator for Defense Programs and to examine the current state of deployment of hi- Principal Deputy Assistant Secretary for Military speed Internet technologies, focusing on broadband Application, National Nuclear Security Administra- communication service access in rural America, after tion; and Adm. Frank L. Bowman, USN, Director, receiving testimony from Representative Tauzin; Naval Nuclear Propulsion Program. Montana Public Service Commissioner Bob Rowe, on ALTERNATIVE MEDICINE behalf of the National Association of Regulatory Committee on Appropriations: Subcommittee on Labor, Utilities Commissioners, and John S. Fitzpatrick, Health and Human Services, and Education con- Touch America, Inc., both of Helena, Montana; Roy cluded hearings to examine issues dealing with com- Neel, United States Telecom Association, and Tim- plementary and alternative medicine therapies, which othy J. Regan, Corning Incorporated, both of Wash- are designed to complement traditional healthcare ington, D.C.; Stephen C. Gray, McLeodUSA, Inc., approaches, such as surgery and drug therapy, after Cedar Rapids, Iowa; and David M. Woodrow, Cox receiving testimony from Stephen Straus, Director, Communications, Inc., Atlanta, Georgia. National Center for Complementary and Alternative U.S. DEPENDENCY ON FOREIGN OIL Medicine, National Institutes of Health, Department Committee on Energy and Natural Resources: Committee of Health and Human Services; Andrew Weil, Uni- concluded joint hearings with the Committee on versity of Arizona College of Medicine Program in Integrative Medicine, Tucson; Mary Jo Kreitzer, Foreign Relations to examine United States depend- University of Minnesota Center for Spirituality and ency on foreign oil, focusing on oil import needs, di- Healing, Minneapolis; Herbert Benson, Harvard plomacy, strategic petroleum reserve, and domestic University Medical School/Mind/Body Medical Insti- oil production, after receiving testimony from Rich- tute, Boston, Massachusetts; Dean Ornish, University ard Perle, former Assistant Secretary of Defense for of California School of Medicine/Preventive Medicine International Security, American Enterprise Institute, Research Institute, San Francisco; James M. Cassidy, Washington, D.C.; Denise A. Bode, Oklahoma Cor- Andover, Massachusetts; Kristen Magnacca, Welles- poration Commission, Oklahoma City; and Virginia ley, Massachusetts; and Walter Czapliewicz, Pitts- Lazenby, Bretagne G.P., Nashville, Tennessee, on be- burgh, Pennsylvania. half of the Independent Petroleum Association of America. APPROPRIATIONS—TRANSPORTATION BUDGET—EPA/ARMY CORPS OF Committee on Appropriations: Subcommittee on Trans- ENGINEERS portation concluded oversight hearings on proposed budget estimates for fiscal year 2001 for the Depart- Committee on Environment and Public Works: Sub- ment of Transportation, after receiving testimony committee on Clean Air, Wetlands, Private Prop- from Kenneth M. Mead, Inspector General, and erty, and Nuclear Safety concluded hearings on the Peter J. Basso, Assistant Secretary for Budget and President’s proposed budget request for fiscal year Programs and Chief Financial Officer, both of the 2001 for the Environmental Protection Agency’s Department of Transportation. clean air programs and the Army Corps of Engineers wetlands programs, after receiving testimony from DRUG TRAFFICKING Robert Perciasepe, Assistant Administrator, Office of Committee on Armed Services: Committee met in closed Air and Radiation, Environmental Protection Agen- session to receive a briefing on the impact of drug cy; and Michael L. Davis, Deputy Assistant Secretary March 28, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D273 of the Army for Civil Works, United States Army Technology Association of America, Arlington, Vir- Corps of Engineers, Department of Defense. ginia; and Richard D. Pethia, CERT Centers Car- IRAN AND IRAQ PROLIFERATION negie Mellon University, Pittsburgh, Pennsylvania. Committee on Foreign Relations: Committee resumed INTERNET PREDATOR PROTECTION hearings to examine issues dealing with Iran and Committee on Health, Education, Labor, and Pensions: Iraq, focusing on the future of nonproliferation pol- Subcommittee on Children and Families concluded icy, receiving testimony from Anthony H. hearings on child safety on the Internet, focusing on Cordesman, Center for Strategic and International online protection from predators, after receiving tes- Studies, Washington, D.C.; and Rolf Ekeus, Ambas- timony from Kenneth Neu, Assistant Section Chief, sador of Sweden, Washington, D.C., and Richard Violent Crimes Major Offenders Section, and Wil- Butler, Diplomat in Residence, Council on Foreign liam Hagmaier, Unit Chief, Child Abduction Serial Relations, both of the United Nations Special Com- Murder Investigative Resources Center, both of the mission on Iraq (UNSCOM). Federal Bureau of Investigation, Department of Jus- Hearings continue on Thursday, March 30. tice; Donna Rice Hughes, Phoenix Financial and Ad- HCFA SETTLEMENT POLICIES visory Services, Vienna, Virginia, on behalf of the Committee on Governmental Affairs: Permanent Sub- Child Online Protection Commission; Mary Anne committee on Investigations concluded oversight Layden, University of Pennsylvania, Philadelphia; Er- hearings to examine Health Care Financing Admin- nest E. Allen, National Center for Missing and Ex- istration’s (HCFA) settlement policies, focusing on ploited Children, Washington, D.C.; John Ryan, whether certain Medicare providers settlements con- America Online, Inc., Ashburn, Virginia; Tim form to HCFA regulations, after receiving testimony Remsburg, Nashua, New Hampshire; and Teresa from Robert H. Hast, Acting Assistant Comptroller Strickland, Opelika, Alabama. General for Special Investigations, Office of Special OFFICE SUPPLY FRAUD Investigations, General Accounting Office; and Charles R. Booth, Director, Financial Services Committee on Small Business: Committee held hearings Group, Office of Financial Management, Jean Ohl, to examine the effects of certain office supply scams, Technical Health Insurance Specialist, Tony Seubert, including toner-phoner schemes on small business, Payment Specialist, and Bruce C. Vladeck, former receiving testimony from Jodie Bernstein, Director, Administrator, all of the Health Care Financing Ad- Bureau of Consumer Protection, Federal Trade Com- ministration, Department of Health and Human mission; Joan Bailey, Brownstone Real Estate Com- Services. pany, Hershey, Pennsylvania; Linda Easton-Saunders, Prospect Associates, Silver Spring, Maryland; George CYBER CRIMES Everding, Feed My People, St. Louis, Missouri; Peter Committee on the Judiciary: Subcommittee on Tech- Grosfeld, American Flyers, Miami, Florida; William nology, Terrorism, and Government Information R. Duffy, Imaging Supplies Coalition for Inter- concluded hearings to examine the incidence of cyber national Intellectual Property Protection, Inc., Lex- attacks on the nation’s information systems, focusing ington, Kentucky; and Tricia Burke, Office Equip- on removing roadblocks to investigation and infor- ment Company, Inc., Louisville, Kentucky, on behalf mation sharing, after receiving testimony from Louis of the Independent Office Products and Furniture J. Freeh, Director, Federal Bureau of Investigation, Dealers Association. Department of Justice; Harris N. Miller, Information Hearings recessed subject to call. h House of Representatives H.R. 3519, to provide for negotiations for the cre- Chamber Action ation of a trust fund to be administered by the Bills Introduced: 15 public bills, H.R. International Bank for Reconstruction and Develop- H4094–4108, and 1 resolution, H. Con. Res. 294, ment of the International Development Association were introduced. Page H1476 to combat the AIDS epidemic, amended (H. Rept. Reports Filed: Reports were filed today as follows: 106–548); and D274 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 2000

H. Res. 450, providing for consideration of H.R. States post office located at 223 Sharkey Street in 3908, making emergency supplemental appropria- Clarksdale, Mississippi, as the ‘‘Aaron E. Henry Fed- tions for the fiscal year ending September 30, 2000 eral Building and United States Post Office.’’ Agreed (H. Rept. 106–549). Pages H1475±76 to amend the title; Pages H1428±30 Speaker Pro Tempore: Read a letter from the Congratulating President-elect Chen Shui-bian Speaker wherein he designated Representative Pease and Vice President-elect Annette Lu of Taiwan; to act as Speaker pro tempore for today. Page H1415 H. Con. Res. 292, congratulating the people of Tai- Recess: The House recessed at 1:04 p.m. and recon- wan for the successful conclusion of presidential elec- vened at 2:00 p.m. Page H1419 tions on March 18, 2000, and reaffirming United States policy toward Taiwan and the People’s Repub- Committee on Transportation and Infrastruc- ture: Read a letter from Chairman Shuster wherein lic of China (passed by a yea and nay vote of 418 he transmitted copies of resolutions adopted by the yeas to 1 nay, Roll No. 77); Pages H1430±35, H1448±49 Committee on March 16 and transmitted to the De- American Institute in Taiwan Facilities En- partment of the Army—referred to the Committee hancement Act; H.R. 3707, to authorize funds for on Appropriations. Page H1421 the site selection and construction of a facility in Presidential Messages: Read the following mes- Taipei Taiwan suitable for the mission of the Amer- sages from the President: ican Institute in Taiwan. Agreed to amend the title; and Pages H1435±37 National Emergency Re UNITA: Message where- in he transmitted his six month periodic report on Commending the Library of Congress, Its Staff the national emergency with respect to the National and Bicentennial: H. Con. Res. 269, commending Union for the Total Independence of Angola the Library of Congress and its staff for 200 years (UNITA)—referred to the Committee on Inter- of outstanding service to the Congress and the Na- national Relations; and Page H1421 tion and encouraging the American public to partici- pate in bicentennial activities (passed by a yea and Payments Made to Cuba: Message wherein he nay vote of 416 yeas with none voting ‘‘nay’’, Roll transmitted his semiannual report detailing pay- No. 78 ). Pages H1437±41, H1449±50 ments made to Cuba as a result of telecommuni- cations services pursuant to Department of the Recess: The House recessed at 4:14 p.m. and recon- Treasury specific licenses—referred to the Committee vened at 5:02 p.m. Page H1441 on International Relations. Page H1422 Senior Citizens’ Freedom to Work Act. The Suspensions: The House agreed to suspend the rules House agreed to the Senate amendment to H.R. 5, and pass the following measures: to amend title II of the Social Security Act to elimi- nate the earnings test for individuals who have at- San Gabriel Basin Water Quality Initiative: tained retirement age by a yea and nay vote of 419 H.R. 910, amended, to authorize the Secretary of the yeas with none voting ‘‘nay’’, Roll No. 79—clearing Army, acting through the Chief of Engineers and in the measure for the President. Pages H1441±47, H1450 coordination with other Federal agency heads, to par- ticipate in the funding and implementation of a bal- Recess: The House recessed at10:45 p.m. and recon- anced, long-term solution to the problems of vened at 1:08 a.m. on Wednesday, March 29. groundwater contamination, water supply, and reli- Page H1474 ability affecting the San Gabriel groundwater basin Senate Messages: Message received from the Senate in California. Pages H1422±26 today appears on page H1415. E. Ross Adair Federal Building and United Referrals: S. 1731 was referred to the Committee on States Courthouse in Fort Wayne, Indiana: H.R. Commerce. Page H1475 2412, to designate the Federal building and United States courthouse located at 1300 South Harrison Amendments: Amendments ordered printed pursu- Street in Fort Wayne, Indiana, as the ‘‘E. Ross Adair ant to the rule appear on pages H1478–79. Federal Building and United States Courthouse’’ Quorum Calls—Votes: Four yea and nay votes de- (passed by a yea and nay vote of 417 yeas with none veloped during the proceedings of the House today voting ‘‘nay’’, Roll No. 76 ); Pages H1426±28, H1448 and appear on pages H1448, H1448–49, H1449, Aaron E. Henry Federal Building and United and H1450. There were no quorum calls. States Post Office in Clarksdale, Mississippi: H.R. Adjournment: The House met at 12:30 p.m. and 1279, to designate the Federal building and United adjourned at 1:08 a.m. on Wednesday, March 29. March 28, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D275 VA, HUD AND INDEPENDENT AGENCIES Committee Meetings APPROPRIATIONS ENERGY AND WATER DEVELOPMENT Committee on Appropriations: Subcommittee on VA, APPROPRIATIONS HUD, and Independent Agencies held a hearing on Committee on Appropriations: Subcommittee on Energy Selective Service System, on Office of Science and and Water Development held a hearing on U.S. Technology Policy, and on National Credit Union Army Corps of Engineers. Testimony was heard from Association. Testimony was heard from Gil Coro- the following officials of the Department of the nado, Director, Selective Service System; Neal Lane, Army, Department of Defense: Lt. Gen. Joe N. Director, Office of Science and Technology Policy; Ballard, USA, Commanding General; and Maj. Gen. and Norman E. D’Amours, Chairman, National Hans A. Van Winkle, USA, both with the Corps of Credit Union Association. Engineers; and Joseph Westphal, Assistant Secretary. MONEY PRODUCTION AND PROTECTION INTERIOR APPROPRIATIONS Committee on Banking and Finance: Subcommittee on Committee on Appropriations: Subcommittee on Interior Domestic and International Monetary Policy held a held an oversight hearing on Forest Service Research. hearing on the Production and Protection of Money. Testimony was heard from Robert L. Lewis, Deputy Testimony was heard from the following officials of Chief, Forest Service, USDA; and public witnesses. the Department of the Treasury: Thomas A. Fer- guson, Director, Bureau of Engraving and Printing; LABOR-HHS-EDUCATION Bruce Townsend, Counterfeiting Head, U.S. Secret APPROPRIATIONS Service; and John Mitchell, Deputy Director, U.S. Committee on Appropriations: Subcommittee on Labor, Mint; Louise Roseman, Director, Operations and Health and Human Services, and Education, held a Payments Systems, Federal Reserve Banks, Federal hearing on Departmental Management Panel and In- Reserve System; and Philip Diehl, former Director, spectors General Panel and on the Corporation for U.S. Mint, Department of the Treasury. Public Broadcasting and the National Labor Rela- tions Board. Testimony was heard from the fol- TEAMSTERS—ONE YEAR AFTER ELECTING lowing officials of the Department of Energy: Frank JAMES P. HOFFA S. Holleman, Deputy Secretary; and Lorraine Lewis, Committee on Education and the Workforce: Sub- Inspector General; the following officials of the De- committee on Oversight and Investigations held a partment of Labor: Patricia W. Lattimore, Assistant hearing on ‘‘The International Brotherhood of Team- Secretary, Administration and Management; and Pa- sters One Year After the Election of James P. tricia A. Dalton, Acting Inspector General; the fol- Hoffa’’. Testimony was heard from the following of- lowing officials of the Department of Health and ficials of the International Brotherhood of Teamsters: Human Services: John J. Callahan, Assistant Sec- James P. Hoffa, President; Patrick Szymanski, Gen- retary, Management and Budget; and June Gibbs eral Counsel; and Edward Steir, Consultant. Brown, Inspector General; the following officials of the SSA: William A. Halter, Deputy Commissioner; MUNITIONS LIST EXPORT LICENSING and James G. Huse, Jr., Inspector General; the fol- lowing officials of the Railroad Retirement Board: Committee on International Relations: Held a hearing on Kenneth P. Boehne, Chief Financial Officer; and Munitions List Export Licensing Issues. Testimony Martin J. Dickman, Inspector General; Robert T. was heard from John D. Holum, Senior Advisor, Coonrod, President and CEO, Corporation for Public Arms Control and International Security, Depart- Broadcasting; and John C. Truesdale, Chairman, ment of State. NLRB. ABANDONED MINE RESTORATION ACT TREASURY, POSTAL SERVICE, AND Committee on Resources: Subcommittee on Energy and GENERAL GOVERNMENT APPROPRIATIONS Mineral Resources held a hearing on H.R. 2753, Committee on Appropriations: Subcommittee on Treas- Abandoned Mine Restoration Act of 1999. Testi- ury, Postal Service, and General Government held a mony was heard from Charles R. Smith, Assistant, hearing on Office of Management and Budget, and Environment and Regulatory Affairs, Office of the on National Archives. Testimony was heard from Assistant Secretary, Civil Works, Department of the Jacob J. Lew, Director, OMB; and John W. Carlin, Army, Department of Defense; Alan Coyner, Admin- Archivist, National Archives and Records Adminis- istrator, Division of Minerals, State of Nevada; and tration. public witnesses. D276 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 2000

NOAA/NMFS BUDGET REQUEST be subject to amendment, and shall not be subject OVERSIGHT to a demand for a division of the question in the Committee on Resources: Subcommittee on Fisheries House or in the Committee of the Whole. The rule Conservation, Wildlife and Oceans, held an oversight waives all points of order against the amendments hearing on the Administration’s Budget Request for printed in the Rules Committee report. Testimony NOAA/NMFS for Fiscal Year 2001. Testimony was was heard from Chairman Young of Florida, Lewis heard from D. James Baker, Under Secretary, Oceans of California, Goodling, Bereuter, Kasich, Shays, and Atmosphere, NOAA, Department of Commerce. Weldon of Pennsylvania, Ramstad, Campbell, Camp, Bachus, Smith of Michigan, Hoekstra, Largent, San- OVERSIGHT—CONVENTION ON ford, Hutchinson, Schaffer, Isakson, Obey, Murtha, INTERNATIONAL TRADE IN ENDANGERED Hoyer, Kaptur, Pelosi, DeLauro, Hinchey, Farr, SPECIES CONFERENCE Frank of Massachusetts, Sawyer, Taylor of Mis- Committee on Resources: Subcommittee on Fisheries sissippi, Waters, Stupak, Wynn, Delahunt, and Wu. Conservation, Wildlife and Oceans held an oversight BRIDGING THE TECHNOLOGICAL GAP: hearing on the Eleventh Meeting of the Conference COMBATING DIGITAL DIVIDE of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Committee on Small Business: Subcommittee on Em- Flora. Testimony was heard from Don Barry, Assist- powerment held a hearing on Bridging the Techno- ant Secretary, Fish and Wildlife and Parks, Depart- logical Gap: Initiatives to Combat the Digital Di- ment of the Interior. vide. Testimony was heard from public witnesses. DILLONWOOD GIANT SEQUOIA GROVE 2000 RETURN FILING SEASON AND IRS FY EXPANSION ACT 2001 BUDGET Committee on Resources: Subcommittee on Forests and Committee on Ways and Means: Subcommittee on Forest Health held a hearing on H.R. 4021, Oversight held a hearing on the 2000 Tax Return Dillonwood Giant Sequoia Grove Park Expansion Filing Season and the IRS Budget for Fiscal Year Act. Testimony was heard from Representatives 2001. Testimony was heard from Charles O. Radanovich, Thomas and Dooley of California; and Rossotti, Commissioner, IRS, Department of the Randle G. Phillips, Deputy Chief, Programs and Treasury; James R. White. Director, Tax Policy and Legislation, Forest Service, USDA. Administration Issues, General Government Divi- SUPPLEMENTAL APPROPRIATIONS sion, GAO; and public witnesses. Committee on Rules: Granted, by voice vote, an open NATIONAL RECONNAISSANCE PROGRAM rule on H.R. 3908, making supplemental appropria- BUDGET tions for the fiscal year ending September 30, 2000, Permanent Select Committee on Intelligence: Met in execu- providing one hour of general debate equally divided tive session to hold a hearing on National Recon- between the Chairman and ranking minority mem- naissance Program Budget (NRO, etc.) Testimony ber of the Committee on Appropriations. The rule was heard from departmental witnesses. waives all points of order against consideration of the f bill. The rule waives points of order against provi- sions in the bill for failure to comply with clause 2 COMMITTEE MEETINGS FOR of rule XXI (prohibiting unauthorized appropriations WEDNESDAY, MARCH 29, 2000 or legislative provisions in a general appropriations (Committee meetings are open unless otherwise indicated) bill) except as specified in the rule. The rule pro- vides, prior to the consideration of any other amend- Senate ment, for consideration of the amendments printed Committee on Appropriations: Subcommittee on Defense, in Part A of the Rules Committee report which may to hold closed hearings on proposed budget estimates for be offered only in the order printed in the report. fiscal year 2001 for the Department of Defense, focusing The rule provides for consideration of the amend- on Air Force programs (to be followed by an open session ments printed in Part B of the Report which may in SD–192), 9:30 a.m., SH–219. Committee on the Budget: business meeting to continue be offered only at the appropriate point in the read- markup a proposed concurrent resolution setting forth the ing of the bill. The rule provides that amendments fiscal year 2001 budget for the Federal Government, 10 printed in the Rules Committee report may be of- a.m., SD–608. fered only by a Member designated in the report, Committee on Commerce, Science, and Transportation: to shall be considered as read, shall be debatable for the hold hearings on S. 2267, to direct the National Institute time specified in the report equally divided and con- of Standards and Technology to establish a program to trolled by the proponent and an opponent, shall not support research and training in methods of detecting the March 28, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D277 use of performance-enhancing substances by athletes tute of Museum and Library Services, 10 a.m., and on (pending on Senate calendar), 9:30 a.m., SR–253. National Education Goals Panel, and Armed Forces Re- Committee on Energy and Natural Resources: Subcommittee tirement Home, 2 p.m., 2358 Rayburn. on Forests and Public Land Management, to hold hear- Subcommittee on Treasury, Postal Service, and General ings on S. 1778, to provide for equal exchanges of land Government, on GSA and the Administrative Office of around the Cascade Reservoir, S. 1894, to provide for the the Courts, 10 a.m., 2362–A Rayburn. conveyance of certain land to Park County, Wyoming, Subcommittee on VA, HUD and Independent Agen- and S. 1969, to provide for improved management of, cies, on the EPA, 9:30 a.m., and 1:30 p.m., 2359 Ray- and increases accountability for, outfitted activities by burn. which the public gains access to and occupancy and use Committee on Banking and Finance, to mark up the fol- of Federal land, 2:30 p.m., SD–366. lowing bills: H.R. 2764, Americas’s Private Investment Committee on Finance: to resume hearings to examine the inclusion of a prescription drug benefit in the Medicare Companies Act; H.R. 2848, New Markets Initiative Act program, to be followed by a hearing on the nomination of 1999; and H.R. 4067, Business Checking Moderniza- of Michelle Andrews Smith, of Texas, to be an Assistant tion Act, 10 a.m., 2128 Rayburn. Secretary of the Treasury, 10 a.m., SD–215. Committee on Commerce, to mark up the following bills: Committee on Governmental Affairs: to hold hearings on H.R. 3615, Rural Local Broadcast Signal Act; and H.R. how to structure government to meet the challenges of 3439, Radio Broadcasting Preservation Act of 1999, 2:30 the millennium, 10:30 a.m., SD–342. p.m., 2123 Rayburn. Committee on Indian Affairs: to hold hearings on S. Subcommittee on Finance and Hazardous Materials, 1967, to make technical corrections to the status of cer- hearing on Competition in the New Electronic Market: tain land held in trust for the Mississippi Band of Choc- Part 1, 10 a.m., 2123 Rayburn. taw Indians, to take certain land into trust for that Band; Subcommittee on Health and Environment, to mark S. 1507, to authorize the integration and consolidation of up H.R. 3301, to amend the Public Health Service Act alcohol and substance programs and services provided by with respect to children’s health, 1 p.m., 2322 Rayburn. Indian tribal governments; and S. 1509, to amend the In- Committee on Government Reform, Subcommittee on Civil dian Employment, Training, and Related Services Dem- Service, hearing on EEO Data and Complaint Processing onstration Act of 1992, to emphasize the need for job Problems, 10 a.m., 2247 Rayburn. creation on Indian reservations, 2:30 p.m., SR–485. Subcommittee on Government Management, Informa- Select Committee on Intelligence: to hold closed hearings on tion, and Technology, hearing on Enhancing Computer pending intelligence matters, 2 p.m., SH–219. Security: What Tools Work Best?’’ 10 a.m., 2154 Ray- Committee on the Judiciary: Subcommittee on Adminis- burn. trative Oversight and the Courts, to hold oversight hear- Committee on House Administration, to hold a hearing on ings on the handling of the investigation of Peter Lee, the Federal Election Commission authorization, 3 p.m., 9:30 a.m., SD–226. 1310 Longworth. Committee on Rules and Administration: to hold hearings to examine Presidential primaries and campaign finance, Committee on the Judiciary, oversight hearing on Solu- 9:30 a.m., SR–301. tions to Competitive Problems in the Oil Industry, 10 a.m., 2141 Rayburn. House Committee on Rules, to consider H.R. 7, Education Sav- Committee on Agriculture, to mark up H.R. 852, Free- ings and School Excellence Act of 1999, 2 p.m., H–313 dom to E-File Act; and to hold a hearing to review fed- Capitol. eral farm policy, 10 a.m., 1300 Longworth. Committee on Science, Subcommittee on Energy and Envi- Committee on Appropriations, Subcommittee on Com- ronment, hearing on Fiscal Year 2001 Budget Authoriza- merce, Justice, State, and the Judiciary, on the FCC, 9:30 tion Request: NOAA, 2 p.m., 2318 Rayburn, a.m., H–309 Capitol. Committee on Transportation and Infrastructure, Sub- Subcommittee on Defense, on Congressional and Public committee on Coast Guard and Maritime Transportation, Witnesses, 9:30 a.m. and 1:30 p.m., H–140 Capitol. oversight hearing on the Coast Guard icebreaking mis- Subcommittee on Interior, on National Park Service, sion, 10 a.m., 2167 Rayburn. 10 a.m., B–308 Rayburn. Permanent Select Committee on Intelligence, executive, hear- Subcommittee on Labor, Health and Human Services, ing on Fiscal Year 2001 Tasking, Processing Exploitation, and Education, on Railroad Retirement Board, and Insti- and Dissemination, (TPED, etc.), 1 p.m., H–405 Capitol. D278 CONGRESSIONAL RECORD — DAILY DIGEST March 28, 2000

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 29 10 a.m., Wednesday, March 29

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. 3908, ation of S.J. Res. 14, Flag Desecration Prohibition, with 2000 Emergency Supplemental Appropriations Act (open a vote on the motion to close further debate to occur at rule, one hour of debate) 10 a.m.; following which, Senate will begin a period of morning business (not to extend beyond 12:30 p.m.), during which three Senators will be recognized to speak. Also, Senate may begin consideration of S. 2097, Loan Guarantees.

Extensions of Remarks, as inserted in this issue

HOUSE Farr, Sam, Calif., E434 McDermott, Jim, Wash., E429 Gejdenson, Sam, Conn., E434 McInnis, Scott, Colo., E426, E428, E429, E435 Ackerman, Gary L., N.Y., E430 Gilman, Benjamin A., N.Y., E426 Norton, Eleanor Holmes, D.C., E427, E429 Bereuter, Doug, Nebr., E427 Hansen, James V., Utah, E431 Pelosi, Nancy, Calif., E430 Berry, Marion, Ark., E431 Hastings, Alcee L., Fla., E426 Radanovich, George, Calif., E433 Blumenauer, Earl, Ore., E434 Jackson-Lee, Sheila, Tex., E426, E427, E430, E433 Sanchez, Loretta, Calif., E425 Calvert, Ken, Calif., E433 Kuykendall, Steven T., Calif., E428 Saxton, Jim, N.J., E431 Cardin, Benjamin L., Md., E428 Lantos, Tom, Calif., E427 Stark, Fortney Pete, Calif., E431 Danner, Pat, Mo., E434 Lewis, Ron, Ky., E430 Duncan, John J., Jr., Tenn., E427 McCarthy, Carolyn, N.Y., E428

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