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

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

Vol. 144 WASHINGTON, TUESDAY, MARCH 3, 1998 No. 19 House of Representatives The House met at 12:30 p.m. and was right to vote for the President and the citizens through the democratic exer- called to order by the Speaker pro tem- right to voting representation in the cise of self-determination. pore (Mr. SNOWBARGER). House and in the Senate. The right to self-determination has f Since we began our work in Congress been earned by the U.S. citizens of in 1993, everyone here has been aware Puerto Rico as a result of their faithful DESIGNATION OF SPEAKER PRO of my struggle for political equality commitment to the Nation. Over TEMPORE and my frustrations as a nonvoting 340,000 Puerto Ricans have served in The SPEAKER pro tempore laid be- Member of the U.S. House of Rep- the Armed Forces, many giving their fore the House the following commu- resentatives in trying to achieve equal lives in defense of American democracy nication from the Speaker: rights for the 3.8 million U.S. citizens wherever they were needed in the WASHINGTON, DC, of the Territory of Puerto Rico. world. March 3, 1998. The Children’s Health Care Initiative If the Congress refuses to grant this I hereby designate the Honorable VINCE is a perfect example of this struggle. As right to their own disenfranchised citi- SNOWBARGER to act as Speaker pro tempore finally passed, the children in Puerto zens, our Nation’s image as the symbol on this day. Rico, all of whom are U.S. citizens, will of liberty and democracy in the world NEWT GINGRICH, receive one-seventh of what they would would be severely tarnished. Speaker of the House of Representatives. receive if they had been treated as chil- There are some people, however, in- f dren in a State. It is a matter of seri- terested in derailing this bill by refer- MORNING HOUR DEBATES ous concern that the health of the ring to it as a statehood bill and American children of Puerto Rico was spreading fear on what they believe are The SPEAKER pro tempore. Pursu- not considered of equal value within the negative consequences of state- ant to the order of the House of Janu- the Nation. Modifications are now hood. I want to set the record straight. ary 21, 1997, the Chair will now recog- being proposed, but we encounter simi- The bill provides the people of Puerto nize Members from lists submitted by lar struggles every day that confirm Rico the right to express their political the majority and minority leaders for that Puerto Ricans are disenfranchised choice by selecting between the three morning hour debates. The Chair will second-class U.S. citizens. status options. H.R. 856 is not an ena- alternate recognition between the par- Yet, Puerto Ricans have been model bling act that offers the territory in- ties, with each party limited to 30 min- U.S. citizens. Our men and women have stant admission as a State, as some are utes, and each Member, except the ma- valiantly and willingly served in every trying to portray. jority leader, the minority leader, or one of our Nation’s armed conflicts These messengers of ignorance con- the minority whip, limited to 5 min- since World War I to defend American tend that statehood will be the fatal utes. democratic values. for the Federal budget due to the addi- The Chair recognizes the gentleman It is now time for Congress to take tional funding that would be required, from Puerto Rico (Mr. ROMERO- action to bring to these 3.8 million citi- yet fail to mention the positive effect BARCELO´ ) for 5 minutes. zens political, economic, and social that taxes paid by individuals and com- f equality. The mechanism to achieve panies in Puerto Rico would have in this is within our reach. H.R. 856, also that same budget. SUPPORT H.R. 856, THE UNITED known as the United States-Puerto If we were a State now, we would pay STATES-PUERTO RICO POLITICAL Rico Political Status Act, represents $4.5 billion in taxes, and the additional STATUS ACT this mechanism to grant the people of benefits to Puerto Rico would be $3.1 Mr. ROMERO-BARCELO´ . Mr. Speak- Puerto Rico one of their basic rights, billion; in other words, a net revenue of er, yesterday, March 2, was a the right to self-determination. $1.4 billion to the U.S. Treasury. celebratory date for all Americans. The This bill provides for the celebration In a similarly intimidating fashion Jones Act, introduced by the gen- of the first-ever congressionally sanc- they try to raise havoc with the lin- tleman from Virginia, was enacted on tioned referendum in this century, al- guistic issue by arguing that there is that date in the year 1917, and Puerto lowing Puerto Ricans to choose be- no room for a Spanish-speaking State, Ricans were granted statutory citizen- tween two decolonizing formulas, sepa- failing to mention, once again, that the ship of the United States. For 81 years, rate sovereignty and statehood, or to official languages of the Government of the U.S. citizens of Puerto Rico have remain in the current territorial sta- Puerto Rico and the languages of in- been denied the most fundamental tus. It is an opportunity to end the co- struction in school are both Spanish rights of American citizenship, the lonial status of 3.8 million of our U.S. and English. You need to consider that

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.

H693 H694 CONGRESSIONAL RECORD — HOUSE March 3, 1998 these are merely excuses to prevent the and across the country extremely My colleagues have suggested that Congress from doing the right thing. proud. We owe all our Olympic athletes there has been no public involvement Congress is facing an unprecedented a hearty well done and congratula- in designing the census. Again, I would opportunity to end the inequality and tions. like to have the facts speak for them- disenfranchisement of the U.S. citizens f selves. In 1992 the Secretary of Com- of Puerto Rico by enabling them the merce established an Advisory Com- exercise of the most fundamental right 2000 CENSUS mittee on the 2000 Census made up of of all democracies, self-determination, The SPEAKER pro tempore. Under nearly 50 organizations. I would like to a right that the United States has de- the Speaker’s announced policy of Jan- put a list of those organizations into fended as a Nation throughout the uary 21, 1997, the gentlewoman from the RECORD. world. It would, indeed, be a national New York (Mrs. MALONEY) is recog- The list referred to follows: shame if this right were not extended nized during morning hour debates for The National Governors Association, the to its own citizens. 5 minutes. American Association of State Highway and We must reject the ignorant, fear-in- Mrs. MALONEY of New York. Mr. Transportation Officials, the American Sta- spired movement to stop the demo- Speaker, last week one of my col- tistical Association, the Association of State leagues came to the House floor and and Territorial Health Officials, the Business cratic process and deny self-determina- Roundtable, the Council of Chief State tion to Puerto Rico. As the world’s said that the planning for the 2000 cen- School Officers, the Federation for American leader, one of the main objectives of sus was done in secret. I am here today Immigration Reform, the National Associa- U.S. foreign policy has been to promote to put the facts on the table so that the tion of Counties, the National Association of and defend democracy and self-deter- American people can decide for them- Secretaries of State, the National Associa- mination around the world. It might be selves. Designing the 2000 census has tion of Towns and Townships, and the U.S. a good idea to begin applying our poli- been one of the most public processes Chamber of Commerce. Mr. Speaker, these organizations met cies to our own citizens seeking this in the history of the census. over 20 times since 1992 and each meet- right. Dr. Barbara Bryant, the director of the Census Bureau for President ing has been open to the public. I am asking for your support when The activities of public involvement George Bush, began the process in 1991 H.R. 856 reaches the House floor. The were not just here in Washington. The shortly after the conclusion of the 1990 U.S. citizens of Puerto Rico and every director of the Census Bureau and the census. She took over the Census Bu- American committed to freedom, de- Under Secretary for Economic Statis- reau less than 4 months before the 1990 mocracy, and justice will be grateful. tics at the Department of Commerce census began, and she knew that it It is the right thing to do. have gone to scores of cities and held could be improved. The results from f town meetings to get public involve- the 1990 census reinforced that deci- ment. At each of these town meetings CONGRATULATIONS TO TARA sion. they have solicited public input on the LIPINSKY, OLYMPIC GOLD In partnership with Congress, Dr. plans that they have put before the MEDAL WINNER Bryant began the process that resulted public for conducting a fair and accu- The SPEAKER pro tempore. Under in the census design we are debating rate census for 2000. the Speaker’s announced policy of Jan- today. To achieve a better census de- My colleagues have criticized the ad- uary 21, 1997, the gentleman from sign, Congress turned to the National ministration for developing a census Michigan (Mr. KNOLLENBERG) is recog- Academy of Sciences. designed by the experts. I wonder why nized during morning hour debates for The gentleman from Kentucky (Mr. they would want a census designed by 5 minutes. ROGERS) testified before the House amateurs. Mr. KNOLLENBERG. Mr. Speaker, I Subcommittee on the Census in 1991 The facts are that developing the de- rise today to congratulate Tara and said there is a need for ‘‘an inde- sign for the 2000 census has been one of Lipinsky on her outstanding accom- pendent review of the census that is the most public processes in the his- plishment on behalf of the United fundamental in nature, a back-to-ba- tory of the census. The process has in- States of America, winning as she did sics, zero-based study that begins with cluded major constituent groups, Con- the Olympic gold in women’s figure no preconceived notions about what we gress and the public. The design for the skating at Nagano. collect or how we collect it. For that census has been endorsed by experts Ms. Lipinsky, the youngest person to reason, I have pursued the idea of hav- and nonexperts alike. ever win a gold medal in an individual ing the National Academy of Sciences It is very simple. In 1990 the census event in winter Olympics history, has conduct such a review. The Academy is had an error rate of over 10 percent. made all America proud with her won- credible, experienced, and more impor- Those who oppose a more accurate cen- derful performances. The grace and ele- tantly, independent. Plus, I have been sus want to go back to the way it was gance that Tara Lipinsky brings to her satisfied they can pull together a panel done in 1990, even if it costs more, be- skating is invigorating, and the drive of fine minds, capable of blending fresh cause they believe that the errors in and determination that she has exer- policy viewpoints with an understand- the census work to their advantage. cised to develop her talent sets a shining of statistical methods.’’ The administration has put forward a ing example for all of us. In 1992 Congress passed H.R. 3280, ‘‘a plan to reduce the errors in the census Ms. Lipinsky, along with fellow bill to provide for a study to be con- and make it more fair and accurate. Olympians Todd Eldredge, Jerod Swal- ducted by the National Academy of The choice is simple. Do we move low, Elizabeth Punsalan, Jessica Jo- Sciences on how the government can into the 21st century with a census seph and Charles Butler, all Olympians, improve the decennial census of popu- that uses modern, scientific methods to all trained at the Detroit Skating Club lation, and on related matters.’’ That count absolutely everyone? Or do we do in Bloomfield Hills, Michigan. As the study laid out the blueprint for the 2000 it the old way and pay more to get a Member of Congress with the great census. census that has millions of errors in it? honor to represent Michigan’s 11th It has been alleged that there has I say we follow the plan of Dr. Bryant Congressional District, which by the been no congressional involvement in and the National Academy of Sciences. way includes Bloomfield Hills, it is planning the census. But how can that ORGANIZATIONS THAT SUPPORT SAMPLING also my home, I would like to take this be, when the design for the census is American Jewish Committee, National As- opportunity to also congratulate the based on a study mandated by Con- sociation of Counties, American Statistical coaches, the family members, and ev- gress? In addition, between 1991 and Association, U.S. Conference of Mayors, eryone else that was involved that 1994 there were 15 House and Senate Council of Professional Associations on Fed- make the Detroit Skating Club one of hearings on the 2000 census. eral Statistics, Children’s Defense Fund, the best training facilities for ice skat- If there has been any neglect, it has Arab American Anti-Discrimination League, been since 1995 when Congress abol- American Sociological Association, National ers in the world. League of Cities, and Cuban American Na- Mr. Speaker, Tara Lipinsky’s victory ished the Subcommittee on the Census. tional Council, Inc. has touched hearts around the world In 1995, 1996 and 1997 there were only 4 National Association of Business Econo- and made the citizens of my district hearings on the 2000 census. mists, Japanese American Citizens League, March 3, 1998 CONGRESSIONAL RECORD — HOUSE H695 Association of University Business and Eco- However, in spite of all the many percent or even more, want to become nomic Research, National Asian Pacific good things there are about Puerto citizens. We certainly do not need to American Legal Consortium, Association of Rico and its people, I do not believe add a State where almost half of the Public Data Users, Americans for Demo- Puerto Rico should become a State at people do not want it. cratic Action, National Community Action Foundation, Asian Pacific American Labor this time. First and foremost to me, Puerto Rico should vote first. They Alliance, Consortium of Social Science Asso- the American people do not support can hold a referendum without our per- ciations, and AFL–CIO. this expansion. In every poll or survey, mission. The Congress should not take Labor Council for Latin American Ad- the people of my district hold opinions a vote that as a practical matter we vancement, Leadership Conference on Civil almost identical to the national aver- cannot get out of unless, and until we Rights, League of United Latin American age. I have not received even one phone have a truly fair, accurate assessment Citizens, Mexican American Legal Defense call, comment, letter or postcard in of how many Puerto Ricans really and Education Fund, NAACP, National favor of this from my district. Every want this. Council of La Raza, National Urban League, Organization of Chinese Americans, Teach- local contact has been against this. For all of these reasons, Mr. Speaker, ers of English to Speakers of Other Lan- This is very important to me. I believe we should maintain our guages, California Rural League Assistance, Second, according to the Congres- present friendly, close relationship and American Association of State Highway sional Research Service, Tennessee with Puerto Rico as a U.S. Territory. and Transportation Officials. would potentially be one of six or seven f States to lose a House Member if Puer- f PEACE CORPS DAY 1998 to Rico becomes a State. This would b 1245 not have much effect on me because The SPEAKER pro tempore. Under the Speaker’s announced policy of Jan- STATEHOOD FOR PUERTO RICO most of the growth in our State has been in and around Knoxville and uary 21, 1997, the gentleman from Cali- The SPEAKER pro tempore (Mr. Nashville, so my district will be about fornia (Mr. FARR) is recognized during SNOWBARGER). Under the Speaker’s an- the same or even possibly shrink in morning hour debates for 5 minutes. nounced policy of January 21, 1997, the size for the foreseeable future. How- Mr. FARR of California. Mr. Speaker, gentleman from Tennessee (Mr. DUN- ever, it would definitely hurt our State it has been 35 years since I joined the CAN) is recognized during morning hour if we lose the equivalent of 11 percent American Peace Corps, and I rise today debates for 5 minutes. of our House delegation. to celebrate this month and this very Mr. DUNCAN. Mr. Speaker, I rise Third, the GAO and others have esti- day, the 37th anniversary of the Peace today to speak on the question of mated this could cost American tax- Corps. whether Puerto Rico will become our payers $3 to 5 billion a year in added It was started on March 1, 1961, when 51st State. Last year I was the only costs to the Federal Government. We President Kennedy signed legislation member of the Committee on Re- are not in nearly as strong a shape eco- passed by this Congress creating the sources who voted against this bill on nomically as some people think with Peace Corps. the final committee vote. I did not the stock market at record levels. Also Today there are more than 150,000 re- speak against this bill at the time or in about 8 to 10 years when the baby- turned volunteers in the United States, try to get anyone else to vote against boomers begin retiring, we are about to five of whom serve in the House of Rep- it, primarily due to my great respect face some of the greatest costs we have resentatives and two in the United for and friendship with Chairman ever seen in the history of this coun- States Senate. Young, the primary sponsor. Chairman try. With national debt of $5.5 trillion Today, because of the anniversary of Young and I agree on almost all issues, right now and a debt almost quadruple the Peace Corps, there are more than particularly on the need to open up a that when you figure in future pension 6,000 returned volunteers that are pres- very small portion of Alaska to further liabilities, we really cannot afford to ently, as I speak, working in schools oil production. do this until Puerto Rico strengthens throughout the United States to bring After I cast this lone dissenting vote, its economy significantly. a program called World Wise Schools. I was asked to visit Puerto Rico by its Fourth, when I went to Israel 3 or 4 They bring the cross-cultural aware- government and some of its leading years ago, our group met, among many ness of these countries that they citizens, and in an attempt to be as fair others, with the woman who headed served in to the school children of as possible, I went there for a weekend Israeli immigration. She told us they America. visit 8 or 9 months ago. While there, I gave all immigrants to Israel up to 2 I just participated in a program like met some of the nicest people I have years of intensive language training if that downtown at the Peace Corps met anyplace in this world. I was they needed it because Israel felt that headquarters, where we had life inter- greatly impressed with the beauty of it was very important to have a com- action with students from South Afri- the island and the great progress that mon, unifying national language. ca, that was being taught by an Amer- is being made toward freedom and a It is fine with me if everyone in this ican Peace Corps volunteer from Wash- strong economy and away from the country learns Spanish or some other ington, D.C. shackles of socialism. second language, but I think all U.S. Today there are 84 countries in the I was impressed with the close ties citizens need to be truly, honestly flu- world that have invited the Peace and favorable feelings most Puerto ent in English. We need a unifying na- Corps to be in them. There are 6,500 Ricans have with and for the United tional language. Look at the problems volunteers that are now serving over- States. I was told that Puerto Rico had Canada has now with many in French- seas. They are addressing the critical sent more soldiers and sailors to the speaking Quebec wanting to split Can- development needs on a person-to-per- U.S. military than any other State per ada in the middle. English is and son basis, helping spread and gain ac- capita, and I really appreciate this. should be our national language, even cess to clean water; to grow more food; I had never thought much about this if some do not like it. to help prevent the spread of AIDS; to before I went there, but Puerto Rico is I am told that a little over 20 percent teach English, math and science; to closer to Washington, D.C., and the of the people in Puerto Rico are fluent help entrepreneurs start new busi- Southeastern United States than are in English. I believe Puerto Rico nesses; and to work with nongovern- some of our Western States. I believe should greatly emphasize the English mental organizations to protect our en- that Puerto Rico is fast on its way to language training if they want to be- vironment. becoming an island paradise. Some of come a part of our Union. In fact, the demand for Peace Corps it already is. Fifth and finally, some say only a lit- far exceeds the supply. For my conserv- Puerto Rico has a great future, if it tle over half of Puerto Ricans want to ative friends on the other side of the continues moving even further toward become a State of the United States if aisle, I wanted you to recall that the a free market economy and lower they are given a truly free choice with President has asked for expansion of taxes. The island is in a strategic loca- fair definitions. I do not believe we the Peace Corps in his address to the tion and could be a valuable asset to us should add any State unless an ex- Congress here just last month. In his militarily. tremely high percentage, at least 75 1999 budget request, he wants to put H696 CONGRESSIONAL RECORD — HOUSE March 3, 1998 10,000 volunteers, up about 35,000 more Currier. However, before Martha and time, Garner spent a lot of his time volunteers, serving overseas by the Garner had a chance to begin raising a taking care of the direct needs and con- year 2000. The demand for their service family, World War II pulled Garner cerns of his constituents back in Kan- is there, the supply is not, and the only away from home for 3 years. He en- sas. As a senior member of the power- thing that stands between that is the listed in the Navy, but after only 10 ful House Appropriations Committee, United States Congress and its ability months he received a commission as Garner was in a unique position to pro- to appropriate the funds. I encourage Lieutenant, leaving the Navy after 3 tect the vital interests of both the 4th my colleagues to do so. years as an officer. During his tour in Congressional District and the State of The proposed expansion of the Peace the Navy, Garner commanded a boat Kansas. Corps comes at a time when the inter- group in the Pacific by the end of the When Garner left Congress in 1977, he est in serving as a volunteer is particu- war. was ranking member of the Appropria- larly high. Last year, more than 150,000 Not long after the war ended, Garner tions Foreign Operations Subcommit- Americans contacted the Peace Corps made his first attempt at elected of- tee and the third ranking Republican to request information on serving as fice. His wife Martha Jane recently re- on the full committee. In that impor- volunteers, an increase of more than 40 counted the story in the Wichita Eagle tant capacity, Garner was able to make percent since 1994. of how Garner first got into politics. sure Kansas was never overlooked dur- The value of the volunteers and their She noted that ‘‘he figured he didn’t ing the Federal budget process. experience is not restricted to overseas have anything to lose,’’ so in 1946, Gar- On a more personal level, I want to service. I can testify that the best serv- ner ran for the Kansas House of Rep- express my heartfelt thanks again to ice that is given to the Peace Corps is resentatives. She continued, ‘‘When we Garner for his advice and counsel upon the domestic dividend that we all bring went to bed that election night, we my appointment to the Appropriations when we come home. didn’t know anything about elections. Committee after my reelection last I urge all of those Members of Con- We woke up the next morning to find year. Before my appointment last year, gress that they ought to think some- out he had won by 222 votes.’’ 20 years had passed since a Kansan had day even when they retire, that Peace So began the long and distinguished served on the important committee in Corps has no limit to the age that one career of a great Kansas politician. either the House or Senate. Seeking to can enter. Remember President After serving only 2 terms in the Kan- understand the first thing about the Carter’s mother who entered the Peace sas House, Garner set his sights higher Appropriations Committee and how it Corps in her elderly years. I encourage and was elected to the Kansas State operated, I was fortunate to be able to on this 37th anniversary of the Peace Senate, where he served two terms. receive the sage counsel of Garner on Corps that we all be proud of what was During his 12 years of service in the the ins and outs of this committee. created here in the House of Represent- Kansas legislature, Garner championed After leaving Congress in 1977, Gar- atives and what has served its country many worthwhile causes, including ner returned home to Wichita, Kansas, well, the United States Peace Corps. education for handicapped and retarded where he resumed the practice of law and spent the rest of his life alongside f children, getting and keeping reckless his lovely and dedicated wife, Martha drivers off the highways, creating the A TRIBUTE TO CONGRESSMAN Jane. Today, it is only appropriate State Park Authority, important flood GARNER E. SHRIVER that we remember and celebrate the control legislation, and setting up the The SPEAKER pro tempore. Under life and accomplishments of Garner E. 4–H livestock show. the Speaker’s announced policy of Jan- Shriver. In 1960, Garner left State politics to uary 21, 1997, the gentleman from Kan- Garner Shriver will be missed, not run for Congress. Winning what was sas (Mr. TIAHRT) is recognized during only by his family, but by me and a lot characterized as a very spirited race, morning hour debates for 5 minutes. of other Kansans, Kansans who consid- Garner became the new representative Mr. TIAHRT. Mr. Speaker, today I ered him a friend, an American hero, of the 4th Congressional District. At come to the floor of the House both to who lived his life with courage, char- that time the district included Sedg- commemorate and honor the life of a acter and integrity. former Member of this distinguished wick and 14 other counties and was So long, Garner. May God bless your body, Garner E. Shriver. Garner died considered to be heavily democratic. soul and your family. this past Sunday, March 1, at age 85. Garner went on to win 8 consecutive Mr. Speaker, I include for the record Both my wife Vickie and I were deep- races before losing in a narrow defeat, a copy of a letter to Mrs. Martha Jane ly saddened when we learned of Gar- 3,200 votes, in 1976, to former Congress- Shriver signed by the entire Kansas ner’s death. Over the past couple years, man and now Secretary of Agriculture delegation. Garner had become a personal friend Dan Glickman. U.S. CONGRESS, and someone whom I admired greatly. I During his 16 years in Congress, Gar- Washington, DC, March 2, 1998. speak for the entire Kansas delegation ner became an influential voice on sig- Mrs. MARTHA JANE SHRIVER, in Congress when I say our thoughts nificant issues of the day, including Wichita, Kansas. health and education benefits for our DEAR MRS. SHRIVER: We were deeply sad- and prayers are with Garner’s wife, dened when we learned of Garner’s death yes- Martha Jane, and their three children, Nation’s veterans, and landmark civil rights legislation. Garner served on the terday morning. We want you and your three Kay, David and Linda. children, Kay, David and Linda to know that Born on July 6, 1912, in Towanda, committee that drafted the the Civil our thoughts and prayers are with you dur- Kansas, Garner’s family later moved to Rights Act of 1964. His family is very ing this difficult time. We wish we could be Wichita in 1925, where he attended pub- proud of the fact that they have one of with you this Wednesday for Garner’s fu- lic schools and graduated from East the pens LBJ used to sign the historic neral. However, Congress will be in session High School. legislation into law. that day. Representative Tiahrt has reserved Garner stayed in Wichita to receive Elected in the same class as fellow time on the floor of the House of Representa- his undergraduate degree from the Uni- Kansan Bob Dole, Garner quickly be- tives for this Tuesday, March 3, to allow us came a close friend and political con- the opportunity to commemorate the distin- versity of Wichita, now Wichita State guished life of Garner. University, in 1934. Today his Congres- fidant of Senator Dole. Upon learning During the nearly 30 years of elected public sional papers, amounting to over of Garner’s death, Senator Dole stated office the name of Garner Shriver became 180,000 items, are kept at the Wichita that ‘‘Garner was one of my closest po- synonymous with Wichita and south-central State Ablah Library. litical friends when we served together Kansas. Indeed, Monday’s headline in the In 1940, Garner graduated from in Congress. I, like many others, Wichita Eagle obituary for Garner summed Washburn Law School in Topeka, Kan- learned a lot from Garner, who was it up well: Garner Shriver was a political sas. Garner put himself through both known as a quiet and effective legisla- giant. While most of us were too young to remember back 50 years ago when Garner undergraduate and law school by work- tor, and someone who kept his word. began his political career, everyone can be ing odd jobs, including serving as a He was an exemplary husband and fa- proud of the many accomplishments he doorman. ther.’’ achieved during the 12 years he served in the In 1941 Garner married his wife of While Garner worked on various Kansas Legislature and the 16 years he now 56 years, the former Martha Jane issues of national concern during his served in the United States Congress. March 3, 1998 CONGRESSIONAL RECORD — HOUSE H697 Elected to Congress in 1960, Garner quickly The SPEAKER pro tempore. Is there The answer is pretty clear. Not only became a close friend and advisor to another objection to the request of the gen- is the marriage tax penalty unfair, but famous Kansan—fellow classmate Bob Dole. tleman from Kansas? it is wrong that our Tax Code punishes During his tenure in Congress, Garner became an influential voice on significant There was no objection. a married working couple with two in- issues of the day, including health and edu- f comes with higher taxes than an identical couple that chooses to live to- cation benefits for our nations veterans, and b the 1964 Civil Rights Act. Additionally, Gar- 1300 gether outside of marriage. Twenty-one ner effectively combined his political prow- CONGRESS HAS AN HISTORIC OP- million married working couples suffer ess and position on the powerful House Ap- PORTUNITY TO IMPROVE THE an average marriage tax penalty of propriations Committee to make sure Kan- QUALITY OF OUR NATION’S EDU- $1,400 more in higher taxes just because sas was never overlooked during the federal they are married. budget process. And while championing the CATION rights of the average taxpayer, Garner was (Under the Speaker’s announced pol- Some would say, why does that hap- often heard complaining that members spent icy of January 21, 1997, the gentleman pen? Under our current Tax Code, a married working couple with two in- ‘‘too much of taxpayers’ money on from California (Mr. MILLER) is recog- junketeering and increased staff.’’ comes usually files jointly. When they In addition to being a loyal husband, Gar- nized during morning hour debates for 1 minute.) do, their combined income pushes them ner was a caring and loving father, an hon- into a higher tax bracket. ored public servant and a personal friend to Mr. MILLER of California. Mr. thousands of Kansans who, like us, will miss Speaker, this year the Congress has an Let me give an example here of a his wit and personal charm. Finally, we wish historic opportunity to improve the south suburban couple. I represent the to recognize, as was noted in his obituary, quality of our Nation’s education. south side of Chicago, the south sub- that Garner viewed public service as a man- Teachers are the foundation of our en- urbs in Illinois, as well as a lot of bed- date for living a Christian life. We pray that tire educational system, but right now room communities and rural areas. Let the Lord gives us the same grace he provided we have a serious problem with the me give an example of a couple that Garner during his distinguished public ca- lives in Joliet. Say you have a machin- reer. way we prepare and deploy teachers. If there is anything we can do to help you One in four high school teachers does ist who is working at the Joliet Cat- during this difficult time, please do not hesi- not even have a college minor in the erpillar Manufacturing Plant, where tate to call. subject they teach. In high poverty they make heavy industrial equipment Sincerely, schools, the figure is one in two. like bulldozers and cranes and earth SAM BROWNBACK, Last week it was reported that U.S. movers. This machinist is making PAT ROBERTS, $30,500 a year in average income. If he U.S. Senate. students performed poorly in math and science compared to students in other is single, after standard deductions and TODD TIAHRT, exemptions, he is in the 15 percent tax JERRY MORAN, countries. It is no coincidence that JIM RYUN, many of these students’ teachers have bracket, being taxed at the 15 percent VINCE SNOWBARGER, no math or science background. The rate. Members of Congress. Committee on Education and the Say he meets a gal and she is a public Mr. MORAN of Kansas. Mr. Speaker, I join Workforce is about to mark up legisla- school teacher in the Joliet public my colleagues today in honoring the memory tion to upgrade teacher preparation schools. She has an identical income. of former Kansas Congressman Garner Shriv- and to attract talented individuals to This machinist who works the caterpil- er who was sadly taken from us this week. the profession of teaching. lar and this Joliet public school teach- Garner Shriver will always be remembered as I will offer my own legislation, H.R. er decide to get married. She has an in- one of Kansas' most effective and revered 2228, which would provide for the for- come of $30,500 as well. When you com- public servants. giveness of student loans to qualified bine their income when they file joint- Garner served his country as an enlisted entry-level teachers, increase profes- ly, it produces a $1,400 average mar- man and as an officer in the U.S. Navy during sional development of new teachers, riage tax penalty. Is that fair, just be- World War II. Upon his return, he served 12 strengthen the standards for federally- cause this machinist at Caterpillar and years in the Kansas Legislature and was later supported teacher programs, and re- this Joliet public school teacher decide elected to serve 8 consecutive terms in the quire schools to inform parents about to get married, that they should pay U.S. House of Representatives. the qualifications of their child’s higher taxes just because they are mar- Here in the House of Representatives he teacher. ried? quickly became known as a tireless advocate I support reducing classroom size by I think it is wrong that our Tax Code for our nation's veterans and as a thorough hiring more teachers, but when it punishes this machinist and this school legislator who made sure Kansas was never comes to teachers, more is not enough. teacher. I believe we should make it a overlooked in needed federal appropriations. I urge my colleagues to support H.R. priority to eliminate the marriage tax A quiet, thoughtful man, Garner viewed his 2228. penalty. If we think about it, in Joliet public service as a Christian duty. In the proc- f Illinois, in the district I am proud to ess, he achieved great legislative successes represent, for this machinist and public benefiting both our nation and his home state ELIMINATE THE MARRIAGE TAX schoolteacher, $1,400 is a lot of money. of Kansas. PENALTY NOW That is one year’s tuition at Joliet Garner Shriver was a skilled political leader Junior College, it is 3 months of day who helped shape the attitudes of an entire The SPEAKER pro tempore (Mr. care at a local day care center, it is generation of young Kansans. It is to his cred- SNOWBARGER). Under the Speaker’s an- several months’ worth of car payments it, that those of us who have gathered here nounced policy of January 21, 1997, the and a significant portion of a down today on the floor of the U.S. House of Rep- gentleman from Illinois (Mr. WELLER) payment on a new home. resentatives to pay tribute to him were among is recognized during morning hour de- The Marriage Tax Elimination Act, them. bates for 5 minutes. Our thoughts and prayers go out to his wife, Mr. WELLER. Mr. Speaker, today I which now has 235 cosponsors, would Martha Jane, and their three children, Kay, rise to explain why enactment of the eliminate the marriage tax penalty and David, and Linda. Garner Shriver has left a Marriage Tax Elimination Act is so im- eliminate it now, because we would void that will surely be hard to fill. portant with a series of questions: Do give married working couples with two f Americans feel that it is fair that our incomes the power of choice to choose Tax Code imposes a higher tax penalty to file as two singles or jointly, which- GENERAL LEAVE on marriage? Do Americans feel that it ever is to their financial advantage. Mr. TIAHRT. Mr. Speaker, I ask is fair that 21 million married working The bottom line is, each individual, unanimous consent that all Members couples suffer a tax penalty of $1,400 this machinist and this schoolteacher, may have 5 legislative days within more in taxes just because they are under the Marriage Tax Elimination which to revise and extend their re- married? Do Americans feel that it is Act, would be able to enjoy the lower marks on the tribute to the late Honor- right that our Tax Code actually pro- tax rate and would be at the 15 percent able Garner E. Shriver. vides an incentive to get divorced? rate, allowing them to keep that $1,400. H698 CONGRESSIONAL RECORD — HOUSE March 3, 1998 There are a number of ideas out there poses a higher tax penalty on marriage? Do ing other family priorities. After all, parents for tax relief this year. President Clin- Americans feel it's fair that the average mar- know better than Washington what their family ton talks about the need for child care. ried working couple pays almost $1,400 more needs. In fact, he talks about expanding the in taxes than a couple with the almost iden- We fondly remember the 1996 State of the current child care tax credit. Let us tical income living together outside of mar- Union address when the President declared compare what that means. Under the riage? Is it right that our tax code provides an emphatically that, quote ``the era of big gov- President’s child care tax credit, which incentive to get divorced? ernment is over.'' only families with children with in- In fact, today the only form one can file to We must stick to our guns, and stay the comes less than $50,000 would qualify avoid the marriage tax penalty is paperwork course. for, the President’s plan would provide for divorce. And that is just wrong. There never was an American appetite for $358 in extra take-home pay at the end Since 1969, our tax laws have punished big government. of the year for the average couple that married couples when both spouses work. For But there certainly is for reforming the exist- would qualify. no other reason than the decision to be joined ing way government does business. The Marriage Tax Elimination Act, in holy matrimony, more than 21 million cou- And what better way to show the American as an alternative to the President’s ples a year are penalized. They pay more in people that our government will continue along plan, would actually provide $1,400. If taxes than they would if they were single. Not the path to reform and prosperity than by we think about that, at a Joliet day only is the marriage penalty unfair, it's wrong eliminating the marriage tax penalty. care center for this machinist and that our tax code punishes society's most Ladies and Gentleman, we are on the verge schoolteacher living in Joliet, that is 3 basic institution. The marriage tax penalty of running a surplus. It's basic math. weeks worth of day care under the exacts a disproportionate toll on working It means Americans are already paying President’s proposal or 3 months’ women and lower income couples with chil- more than is needed for government to do the worth of day care under the Marriage dren. In many cases it is a working women's job we expect of it. Tax Elimination Act. The question is, issue. What better way to give back than to begin which is better, 3 weeks under the Let me give you an example of how the with mom and dad and the American familyÐ President’s plan, or 3 months under marriage tax penalty unfairly affects middle the backbone of our society. We ask that President Clinton join with Con- elimination of the Marriage Tax Pen- class married working couples. gress and make elimination of the marriage alty Act? For example, a machinist, at a Caterpillar tax penalty * * * bipartisan priority. The bottom line is we should be manufacturing plant in my home district of Jo- Of all the challenges married couples face working to eliminate the marriage tax liet, makes $30,500 a year in salary. His wife in providing home and hearth to America's penalty. It is wrong that our Tax Code is a tenured elementary school teacher, also children, the U.S. Tax Code should not be one punishes marriage with higher taxes. bringing home $30,500 a year in salary. If they We should make it the centerpiece of of them. would both file their taxes as singles, as indi- Lets eliminate The Marriage Tax Penalty our budget discussions. I am pretty viduals, they would pay 15%. and do it now. proud that this Congress, our new majority, which has been in place for 3 MARRIAGE PENALTY EXAMPLE IN THE SOUTH SUBURBS Which is better? years, has provided more tax relief for NOTE: The President’s Proposal to expand Machinist School teacher Couple the child care tax credit will pay for only 2 middle-class families than any Con- or 3 weeks of child care. The Weller- gress in recent history. Adjusted gross income $30,500.00 $30,500.00 $61,000.00 Less personal exemption McIntosh Marriage Tax Elimination Act, HR In 1996 we, of course, provided for the and standard deduc- 2456, will allow married couples to pay for 3 adoption tax credit to help families tion ...... 6,550.00 6,550.00 11,800.00 months of child care. Taxable income ...... 23,950.00 23,950.00 49,200.00 provide a loving home for children. In Tax liability ...... 3,592.50 3,592.50 8,563.00 Which Is Better, 3 Weeks or 3 Months? 1997 we provided a $500-per-child tax Marriage penalty ...... 1,378.00 credit, which for Illinois families, for 3 CHILD CARE OPTIONS UNDER THE MARRIAGE TAX million Illinois kids, would allow $1.5 But if they chose to live their lives in holy ELIMINATION ACT billion in higher take-home pay for Il- matrimony, and now file jointly, their combined income of $61,000 pushes them into a higher Average linois families. Average weekly Weeks This year let us stop punishing mar- tax bracket of 28 percent, producing a tax tax relief day care day care riage. Let us make elimination of the penalty of $1,400 in higher taxes. cost marriage tax penalty the number one On average, America's married working Marriage Tax Elimination Act ...... $1,400 $127 11.0 must-do. Let us make it the center- couples pay $1,400 more a year in taxes than President’s Child Care Tax Credit ...... 358 127 2.8 piece. Let us eliminate the marriage individuals with the same incomes. That's seri- f tax penalty, and do it now. ous money. Everyday we get closer to April URGING MEMBERS TO JOIN THE Mr. Speaker, I rise today to highlight what is 15th more married couples will be realizing CONGRESSIONAL DIALOGUE ON arguably the most unfair provision in the U.S. that they are suffering the marriage tax pen- VIETNAM Tax Code: the marriage tax penalty. I want to alty. thank you for your long term interest in bring- Particularly if you think of it in terms of: a The SPEAKER pro tempore. Under ing parity to the tax burden imposed on work- down payment on a house or a car, one years the Speaker’s announced policy of Jan- ing married couples compared to a couple liv- tuition at a local community college, or several uary 21, 1997, the gentlewoman from ing together outside of marriage. months worth of quality child care at a local California (Ms. SANCHEZ) is recognized In January, President Clinton gave his State day care center. during morning hour debates for 5 min- of the Union Address outlining many of the To that end, Congressman DAVID MCINTOSH utes. things he wants to do with the budget surplus. and I have authored the Marriage Tax Elimi- Ms. SANCHEZ. Mr. Speaker, this A surplus provided by the bipartisan budget nation Act. past June, United States Secretary of agreement which: cut waste, put America's fis- It would allow married couples a choice in State Madeleine Albright visited Viet- cal house in order, and held Washington's feet filing their income taxes, either jointly or as in- nam to formally open the United to the fire to balance the budget. dividualsÐwhich ever way lets them keep States Embassy there. The recent es- While President Clinton paraded a long list more of their own money. tablishment of diplomatic relations re- of new spending totaling at least $46±$48 bil- Our bill already has the bipartisan cospon- flects changes between the United lion in new programsÐwe believe that a top sorship of 232 Members of the House and a States and Vietnam since the end of priority should be returning the budget surplus similar bill in the Senate also enjoys wide- the Vietnam War in 1975 and the lifting to America's families as additional middle- spread support. of the trade embargo in 1994. class tax relief. It isn't enough for President Clinton to sug- Thus, several issues are emerging in This Congress has given more tax relief to gest tax breaks for child care. The President's the dialogue between the United States the middle class and working poor than any child care proposal would help a working cou- and Vietnam. It necessitates the cre- Congress of the last half century. ple afford, on average, three weeks of day ation of a forum for Members to ex- I think the issue of the marriage penalty can care. Elimination of the marriage tax penalty press their views and to work with the best be framed by asking these questions: Do would give the same couple the choice of pay- administration on forming foreign pol- Americans feel it's fair that our tax code im- ing for three months of child careÐor address- icy towards Vietnam. March 3, 1998 CONGRESSIONAL RECORD — HOUSE H699 I rise today to call on my colleagues level debate about replacing the cur- Let me tell the Members, what they to join the Congressional Dialogue on rent Tax Code in favor of one of these are attempting to defend is absolutely Vietnam. It is founded by myself and two plans, both of which, in my view, indefensible. Here are some of the arti- the gentlewoman from California (Ms. would be simpler and fairer than the cles that have appeared in publications ZOE LOFGREN). This group will facili- current system. Again, they have been recently regarding the collection tate the dialogue between Members of doing this around the country as part abuses and the culture at the IRS. Here Congress. It will also provide informa- of an effort to inform and engage the is one that says new audit at IRS finds tion to interested parties, and it will American people in this debate. some agents focused on quotas. ‘‘The engage in discussions between Con- Contrast their, again, very rational IRS Unveils New Taxpayer Protections gress, the administration, and the Vi- approach to discussing these issues to Limit Agents’ Ability to Seize As- etnamese-American community. with the President’s remarks yesterday sets.’’ Last September I co-chaired a human back here in Washington. I am quoting Why do they have to do this? Because rights caucus, a briefing on the human from the Washington edition of the Los the new commissioner is quoted in here rights situation in Vietnam. During Angeles Times. The headline is ‘‘Clin- as saying, ‘‘I am concerned about the this briefing we heard from representa- ton Rips Reckless Overhaul of Tax number of questionable procedural vio- tives from international, religious, and Code.’’ lations that may have occurred in the human rights organizations about the The article says, ‘‘Facing an unex- cases we have reviewed. I am especially status of human rights, religious perse- pected stampede in Congress to wipe troubled about the emphasis,’’ in the cution, and the social and political out the U.S. tax code and replace it IRS, ‘‘placed on improving collection state of Vietnam. with a radical new system,’’ and ‘‘radi- status without equal emphasis on cus- Through this hearing we learned that cal’’ is the word the L.A. Times writer tomer service and safeguarding tax- there are several voices wanting to be uses, ‘‘President Clinton on Monday de- payers’ rights.’’ heard on this issue, and it is our job to nounced the approach as ‘misguided, ‘‘Treasury Chief Files Action Against give these groups the forum to do so. I reckless, and irresponsible,’ and IRS Quotas.’’ strongly believe that with the normal- warned that it would imperil the econ- Another one, ‘‘Top Official Offers ization of relations between the two omy.’’ Gloom and doom. These are just Mea Culpa for IRS.’’ countries there comes a great respon- scare tactics, Mr. Speaker. Mr. Speaker, let us have an informed, The article goes on to say, ‘‘In an un- sibility. Now, more than ever, it is of rational, bipartisan debate. Let us usually pointed attack, Clinton and his critical importance that we pay careful transform the IRS into an agency that top advisers assailed popular legisla- attention to the progression of develop- treats all taxpayers with respect and tion,’’ legislation that is now pending ments in U.S. Vietnam policy. Again, I gives them the services they deserve, in this House, in this Congress, ‘‘that strongly urge my colleagues to join the while we move the country in the di- would end the current tax code on De- Congressional Dialogue on Vietnam, rection of a fairer, flatter, simpler Tax cember 31, 2001, to make way for a and I look forward to working with Code and tax system. wholly new version. each of them on this important issue. ‘‘No one concerned about fighting f f crime would even think about saying, SPEAKER’S TASK FORCE REPORT MOVING OUR COUNTRY TOWARDS ‘Well, three years from now we are ON HONG KONG TRANSITION A FAIRER, FLATTER, AND SIM- going to throw out the criminal code The SPEAKER pro tempore. Under PLER TAX CODE AND TAX SYS- and we will figure out what to put in the Speaker’s announced policy of Jan- its place,’ Clinton told the National TEM uary 21, 1997, the gentleman from Ne- Mortgage Bankers Association. No one The SPEAKER pro tempore. Under braska (Mr. BEREUTER) is recognized would do that. That is exactly what the Speaker’s announced policy of Jan- during morning hour debates for 5 min- this proposal is. That is exactly what uary 21, 1997, the gentleman from Cali- utes. some people in Congress are proposing fornia (Mr. RIGGS) is recognized during Mr. BEREUTER. Mr. Speaker, last to do.’’ morning hour debates for 5 minutes. Excuse me? I do not see the analogy. March, Speaker GINGRICH visited Asia. Mr. RIGGS. Mr. Speaker, I take to I do not see any comparison between In the course of his visit to Hong Kong, the floor during morning hour to just our efforts to move the country in the he determined it would be appropriate bring Members’ attention to very in- direction of a fairer, flatter, simpler to create a House task force to observe teresting developments yesterday that Tax Code with this analogy to throw- and report on the Hong Kong transition really signaled the first round in a na- ing out the criminal code. Frankly, I as it moved from colonial rule of the tional debate about reforming our Tax think most of us, the 143 of us that United Kingdom to become a separate Code and moving our country in the di- have sponsored legislation to scrap the but integral part of the People’s Re- rection of a fairer, flatter, simpler Tax Tax Code, resent any analogy or sug- public of China. He mandated that I Code and tax system. gestion that somehow it is comparable chair that task force. If Members will for a moment just to eliminating the criminal code. We created a bipartisan task force of compare the contrasting styles, the Nothing could be further from the equal numbers from the membership of tone of the debate by the proponents truth, and, as Jack Ferris, the Presi- the Subcommittee on Asia and the Pa- and advocates on both sides of this dent of the National Federation of cific of the House Committee on Inter- issue. Yesterday two of our Republican Independent Businesses, which is try- national Relations, eight members colleagues, the House majority leader, ing to garner 1 million signatures from total. The Speaker mandated that we the gentleman from Texas (Mr. DICK American citizens nationwide in sup- visit Hong Kong and Beijing a mini- ARMEY) and the gentleman from Lou- port of scrapping the Tax Code, as he mum of every 6 months and provide a isiana (Mr. BILLY TAUZIN), spoke to put it yesterday, what is irresponsible quarterly report to the Congress on the three different groups back here in is a 500 million-word code, a 9,000 page transition, to let the People’s Republic Washington. This was part of their Tax Code, that is antiwork, antisaving, of China know that we are watching Scrap the Code tour that they have and antifamily. That is exactly what that transition and to thereby try to taken on the road to cities around the we have in America today. We have a protect the freedoms that existed in country. Tax Code, a tax system that is riddled Hong Kong before the transition. Inter- Yesterday majority leader Armey, with perverse incentives that actually estingly, the Australian Parliament who was one of the leading congres- favor consumption and spending over has a similar effort underway. sional proponents of the flat tax, and savings and investment. In the first report of the Speaker’s the gentleman from Louisiana (Mr. We cannot go down this path. We Task Force on the Hong Kong Transi- TAUZIN), one of the leading Congres- should be able to have a rational, in- tion, dated October 1, 1997, we reported sional proponents of a national sales formed, bipartisan debate on this in that Hong Kong’s reversion to China tax, a national tax on consumption, this country without the defenders of was characterized as ‘‘so far, so good.’’ spoke to these three groups as part of the status quo having to, like the Six months after the official reversion, what I think is a very rational, a very President, resort to scare tactics. that characterization still applies. H700 CONGRESSIONAL RECORD — HOUSE March 3, 1998 Two other members of the Task fully exercising its autonomy as a sep- RECESS Force and I visited Hong Kong, Beijing, arate customs territory inside China. The SPEAKER pro tempore. Pursu- Shenzhen and Macau between Decem- Law enforcement cooperation between ant to clause 12 of rule I, the Chair de- ber 13 and December 20 of last year, Hong Kong police and Customs and clares the House in recess until 2 p.m. and our report is effective through De- U.S. Customs remains ‘‘much the Accordingly (at 1 o’clock and 22 min- cember 31 of 1997. same,’’ and, according to U.S. officials, utes p.m.), the House stood in recess However, nearly all observers agree there appears to be no change in the until 2 p.m. it is yet ‘‘too early to tell’’ whether working relationship. Nevertheless, it Hong Kong will be greatly affected by is ‘‘too early to judge’’ whether long- f the transition and/or whether the term U.S. trade, security, and law en- b 1400 United States’ significant interests in forcement interests in Hong Kong ulti- Hong Kong will be adversely affected. mately will be affected by the transi- AFTER RECESS From all the perspectives both within tion. The recess having expired, the House and outside of Hong Kong, the very In November, the U.S. Foreign Com- was called to order by the Speaker at 2 negative scenarios for Hong Kong mercial Service performed 30 p.m. postshipment verifications on export which many had predicted thus far f have not occurred. Undoubtedly, this is licenses and found only one or two in part due to a determined effort by questionable situations. Moreover, PRAYER officials from the People’s Republic of those questions were resolved with further inspection. The Chaplain, Reverend James David China to respect Hong Kong’s auton- Ford, D.D., offered the following pray- omy under the ‘‘one-country, two-sys- A U.S. interagency team on export controls traveled to Hong Kong on Jan- er: tems’’ formula. Despite the fact that We are grateful, O loving God, for all the underlying reasons for China’s uary 12, 1998, as part of a bilateral cooperation agreement between Sec- those people who give of their time and stance remain the same, there is no as- ability by volunteering to assist others surance that the outcome from those retary of Commerce William Daley and Hong Kong Trade and Industry Sec- and who through their good deeds objectives will still prevail. strengthen the bonds of respect one for To date, the Hong Kong people seem retary Denise Yue. Mr. Speaker, I urge my colleagues to another. On this day we praise the ef- to enjoy the same basic liberties and forts of those who volunteer their gifts rights they enjoyed prior to the rever- look at our entire report. We are going to more fully examine the customs and to others and whose devotion and com- sion. However, this is tempered by the mitment to the meaning of service has abolition of the Legislative Council export control issue, among others, when we present our third and fourth contributed to the vitality of our na- and its replacement by a provisional quarterly reports to the Congress of tional life and to our community and legislature which was ‘‘selected,’’ but the United States. Again, our col- family development. Our thoughts at not elected, by the people of Hong leagues will find our second quarterly this time and our prayers every day go Kong. with these good people. May we encour- Most observers agree that Hong Kong report fully presented in the Exten- age their good works and may we fol- and Beijing officials responsible for im- sions of Remarks for today. low the high quality of their service in plementing the ‘‘one-country, two-sys- f our own lives. In Your name we pray, tems’’ framework are on their best be- AMERICAN HELLENIC EDU- Amen. havior. Yet one overriding concern re- CATIONAL PROGRESSIVE ASSO- mains, and I put that in the form of a CIATION HONOREES f question: Are Hong Kong officials sub- The SPEAKER pro tempore. Under THE JOURNAL tly anticipating what Beijing desires the Speaker’s announced policy of Jan- The SPEAKER. The Chair has exam- and not in all instances vigorously pur- uary 21, 1997, the gentleman from New suing the autonomy that they now ined the Journal of the last day’s pro- Jersey (Mr. PAPPAS) is recognized dur- ceedings and announces to the House have out of a fear that they will upset ing morning hour debates for 2 min- Beijing? That is the question. his approval thereof. utes. Pursuant to clause 1, rule I, the Jour- At least with regard to routine mat- Mr. PAPPAS. Mr. Speaker, just a few nal stands approved. ters, Hong Kong governmental officials days ago an organization of which I am seem quick to assert their own auton- a member, called the American Hel- f omy. There is also some evidence that lenic Educational Progressive Associa- PLEDGE OF ALLEGIANCE Hong Kong officials may be seeking to tion, or AHEPA for short, had its 33rd influence policies on the mainland. But Biennial AHEPA Congressional Ban- The SPEAKER. Will the gentleman on more sensitive issues such as Presi- quet not too far from here. from Ohio (Mr. TRAFICANT) come for- dent Jiang’s interaction with protest- At that event one of our colleagues, ward and lead the House in the Pledge ers in Hong Kong not too long ago, the gentleman from Florida (Mr. BILI- of Allegiance. Hong Kong officials may be attempting RAKIS) was the recipient of the annual Mr. TRAFICANT led the Pledge of to put on a good face for Beijing. Pericles Award. The gentleman from Allegiance as follows: If such attempts to ‘‘outroyal the Florida, as all of us know here, is a I pledge allegiance to the Flag of the queen’’ are really occurring in Hong leader in many areas of public policy, United States of America, and to the Repub- Kong, a subtle and seemingly invisible health care being one of them, but also lic for which it stands, one Nation under erosion of Hong Kong’s economy could in areas of public policy dealing with God, indivisible, with liberty and justice for be happening without being fully dis- the Mediterranean, Eastern Mediterra- all. cernible. That is a summary of what we nean, Greece, and Cyprus. Mr. Speaker, f concluded. we are all very proud to congratulate SPEAKER’S GAVEL USED TODAY Mr. Speaker, I would like to focus the gentleman on that. briefly on one other aspect of the Hong The second award recipient was Andy MADE WITH CARE AND PA- Kong transition which is of particular Athens of the Chicago area. He re- TIENCE BY DICK DIETERLE OF importance to America and being ceived the 1998 Archbishop Iakovos Hu- MILLERSVILLE, PA watched by this House, and I will say manitarian Award. (Mr. GINGRICH asked and was given to my colleagues, the full report of this Both of these gentlemen are fine permission to address the House for 1 task force, our second quarterly report, Americans. I am very, very proud to minute.) will be found in the Extensions of Re- know them and to consider them Mr. GINGRICH. Mr. Speaker, I rise marks for today, but that area is Hong friends and to be a member of the today to pay tribute to Mr. Dick Kong’s customs autonomy. Greek-American community in the Dieterle. Mr. Dieterle is a retired Mr. Speaker, I would say it is a United States with them, and am very school teacher and amateur wood promising start but too early to judge. pleased to have been there with them worker from Millersville, Pennsylvania Indicators suggest that Hong Kong is and their families that evening. who can teach us all a thing or two March 3, 1998 CONGRESSIONAL RECORD — HOUSE H701 about patience. My colleagues may vada. Last Friday Chris was awarded mula that brings joy to the hearts of have noticed that I used a different the Boy Scout Gold Honor Medal, the big government liberals and Federal gavel this afternoon, a gavel hand-built highest life-saving award in scouting, bureaucrats and government planners by Mr. Dieterle especially for this oc- for unusual heroism in saving a life at of all sorts. But it does not do much for casion. The head of the gavel is built considerable risk to himself. families who are trying to get ahead. from white ash that was cured for a Twelve-year-old Chris came to the It is time to change that course. The year and air-dried for a decade. Mr. rescue of his younger sister Kathryn as tax burden on American families, espe- Dieterle rescued wood for the handle she was being viciously attacked by a cially middle-class families, is too from a razed Lutheran church in dog in their yard. Hearing the painful high. It has been going up for years, Millersville and made its terminal cries of his sister, Chris disregarded his and it is time to go the other direction. from African padauk. Perhaps most im- own safety, rushed into the yard and It is time for some tax relief for the pressively, Mr. Speaker, the striking was able to grab and pin a 120-pound middle class, the backbone of America, block was made from a piece of apple Rottweiler until further help arrived, that plays by the rules, works hard and wood that he has been curing for over allowing his sister to escape. Fortu- pays the taxes. 50 years. That is a very long time, Mr. nately Kathryn survived this attack, f Speaker. but that may not have been so without PUERTO RICAN STATEHOOD This gavel should remind each of us the truly courageous action of her as we gather to take up today’s agenda older brother. (Mr. GUTIERREZ asked and was that patience is a virtue and that it The actions taken by Chris Noad dur- given permission to address the House often takes 50 years to get something ing those frightful moments can serve for 1 minute and to revise and extend his remarks.) just right, whether that something is a as an example to all of us. Doing the Mr. GUTIERREZ. Mr. Speaker, today gavel or a book or a piece of legisla- right thing at the right time even when there will be a rule taken up on the it is at our own jeopardy is something tion. Dick Dieterle said that he is pret- Young bill, a bill that is supposed to we all need to remember. Large acts of ty sure the strongest man in the House deal with the self-determination of the bravery do not always occur by large will not break it. That is what happens people of Puerto Rico. It is really a when you take the time to perfect people. You are truly a hero to your statehood bill. It is a bill that will something. And looking at the gavel, family, to your community and to the guarantee statehood. Mr. Speaker, I am pretty sure that Mr. State of Nevada. In 1993, as many of my colleagues re- Dieterle’s time was not wasted. f member, the people of Puerto Rico had f MEXICAN DRUG CARTEL a plebescite, independence, Common- DEMOCRATS’ EDUCATION AGENDA RECRUITING STREET GANGS wealth and statehood. We all remember the headlines, the headlines read (Mr. ALLEN asked and was given (Mr. TRAFICANT asked and was blaring across our Nation, Puerto Rico permission to address the House for 1 given permission to address the House rejects statehood. Now we are going to minute and to revise and extend his refor 1 minute and to revise and extend come back 5 years later, and since they marks.) his remarks.) lost it that time, we are going to write Mr. ALLEN. Mr. Speaker, I rise Mr. TRAFICANT. Mr. Speaker, ac- a statehood bill to make sure that that today in support of the Democrats’ cording to reports, Mexico’s drug cartel is the option. It is wrong. I am going to education agenda which will be un- is recruiting American kids in street give everybody one example. veiled tomorrow. It calls for moderniz- gangs in the city of San Diego. That is My father did not see me until I was ing schools and reducing class size by right. California has become the new 1 year old. The reason was because he hiring new teachers. To prepare our breeding ground for Mexican drug traf- was serving in the Armed Forces of students for the future, we must not fickers. Unbelievable. this Nation. He was born on the island only increase the number of teachers, While the Pentagon last year spent $3 of Puerto Rico. He served in the Armed but also improve the quality of teach- billion in Bosnia and Iraq, the Penta- Forces of this Nation. Under the bill we ers. gon has announced they are going to are going to consider tomorrow, we are I intend to introduce a bill this week suspend their operations on our bor- going to state that my father’s citizen- which provides scholarships or stipends ders. Beam me up. Let us put the seed ship is statutory. Now, when my father for outstanding graduate students en- corn where the fertilizer can reach it, goes and votes, and he likes the Com- rolled in teacher training programs in Mr. Speaker. If Congress can spend bil- monwealth, he disagrees with his son math and science. These students lions of dollars to secure foreign bor- about a lot of things, and that is one would then be obligated to teach math ders for foreign citizens in foreign thing we disagree about, he is going to or science for 3 years in an urban or lands, then the Congress of the United want to vote for a Commonwealth. He rural public secondary school or repay States can secure the border in Amer- served in the Armed Forces of this Na- their stipends. ica for the American people. I just have tion, an American citizen. When he Among 25 nations, U.S. students one thing to say to the Pentagon. Sus- goes to vote, Mr. Speaker, the only ranked 12th and 9th respectively in pend this. Are we inhaling or what? thing that is going to guarantee him math and science skills. Almost 50 per- f his American citizenship is statehood. cent of these students were taught by TAXES You want an election that is going to teachers who did not prepare in those guarantee a false vote, that is going to fields. We can do better. I urge my col- (Mr. TIAHRT asked and was given be tomorrow. Let the people of Puerto leagues to recruit and reward future permission to address the House for 1 Rico decide. math and science teachers for Amer- minute and to revise and extend his re- f ican children. marks.) f Mr. TIAHRT. Mr. Speaker, yesterday HUMAN RIGHTS ABUSES IN on page 1 of USA Today, there was a INDONESIA THE HEROIC STORY OF CHRIS very interesting chart that is here to (Mr. PITTS asked and was given per- NOAD my left. It shows the rising tax load. mission to address the House for 1 (Mr. GIBBONS asked and was given While that is no surprise to anyone minute and to revise and extend his re- permission to address the House for 1 paying taxes over the past few decades, marks.) minute and to revise and extend his re- this chart caught my eye for several Mr. PITTS. Mr. Speaker, I stand here marks.) reasons. It shows that the tax burden today to draw attention to the human Mr. GIBBONS. Mr. Speaker, not has been rising steadily since 1965 for rights abuses taking place in Indo- often do we bring stories, heroic sto- families with one working parent and nesia. As many of my colleagues know, ries, before the House of Representa- for families with both working parents. Indonesia is experiencing tremendous tives, so it today brings me great pleas- Either way, married or single, Uncle economic and social upheaval. In the ure to tell you about a heroic young Sam takes more and more, and fami- ensuing panic, the people and govern- man named Chris Noad of Dayton, Ne- lies pay more and more. That is a for- ment have tagged the Christian and H702 CONGRESSIONAL RECORD — HOUSE March 3, 1998 ethnic Chinese minority as the scape- I urge my leadership to pull this HISTORIC CROSSROADS IN goats for these societal ills. measure and give the American people AMERICAN HISTORY b 1415 an opportunity to make an informed (Mr. THUNE asked and was given decision. permission to address the House for 1 As a result, massive human rights f violations have occurred. Mobs have minute and to revise and extend his re- shut down Christian church services CITIZENS PROTECTION ACT marks.) Mr. THUNE. Mr. Speaker, we are at a and burned down places of worship. Be- (Mr. HUTCHINSON asked and was historic crossroads in American his- tween February 14 and 17 alone, rioters given permission to address the House tory. For the first time since 1969 we destroyed the property of 29 churches. for 1 minute and to revise and extend have a budget surplus. Churches gathered to find their musi- his remarks.) As we stand at this crossroads, we see cal instruments, benches, bibles, Mr. HUTCHINSON. Mr. Speaker, in the path fork in front of us and divide church documents and entire buildings 1995 a bounty hunter was chasing a in two ways. We can follow Bill Clinton destroyed. bond jumper in Texas. In Houston, he to the left. Bill Clinton wants to lead Mr. Speaker, the extremists are not found a woman he thought to be the us down the run down and rutted road the only perpetrators of human rights bond jumper and beat her severely. The that takes us backwards to the era of abuses. Government authorities alleg- woman, who was pregnant, miscarried big government. edly participate in the violence and the next day. The key fact was the Or we can walk the road that leads to abuses by failing to protect the church- bounty hunter had the wrong woman. the right. This path leads us away from es and communities from attackers. By An innocent woman lost her child at big government spending and leads us doing nothing in response to these vio- the hands of a rogue bounty hunter. closer to familiar benchmarks, like lations, the government implicitly col- The majority of bounty hunters are personal responsibility and personal laborates with extremist groups and professionals who do excellent work. freedom. builds anti-Christian sentiment. This is Unfortunately, there are a few Dirty The road to the right gives the Amer- outrageous. Harry wannabes out there as well, and ican people the power to spend their Mr. Speaker, we should not look the the results can be tragic. other way while such blatant human I urge my colleagues to support the own money, however they see fit, rath- rights violations occur in Indonesia. I Citizens Protection Act, a bill which er than spending it on some far-off urge Mr. Mondale to raise these issues provides an incentive to weed out the Washington bureaucracy in the form of during his meetings with Mr. Suharto rogue bounty hunters and prevent this new government spending. and the Government of Indonesia to kind of reckless abuse that resulted in We face an enormous choice today, take steps immediately to protect the death of that mother’s child. Mr. Speaker. We can take the road to these minorities from abuse. The Citizens Protection Act holds the left and continue to make the Fed- eral Government bigger and more f two things: It says that bounty hunters and their employers, bail bondsmen, bloated, or we can go to the right and OPPOSITION TO H.R. 856, UNITED are accountable for their actions, mak- give the American people more pros- STATES-PUERTO RICO POLITICAL ing them liable for civil rights actions. perity and more freedom. STATUS ACT The second thing it does, it requires We have seen where the path leads to (Mr. WICKER asked and was given bounty hunters who cross State lines the left, Mr. Speaker. We do not want permission to address the House for 1 in pursuit of a bond jumper to report to travel down that road again. minute and to revise and extend his re- their intentions to State law enforce- f marks.) ment authorities. IS THE SECRETARY OF AGRI- Mr. WICKER. Mr. Speaker, I am glad A bounty hunter’s license, Mr. CULTURE WILLING TO LOOK to know there is bipartisan opposition Speaker, should not be a license to ter- INTO THE FACES OF AMERICAN to H.R. 856, the United States-Puerto rorize and abuse innocent citizens, and FARM FAMILIES? Rico Political Status Act, which we I urge my colleagues to support the will be asked to vote on tomorrow. Citizens Protection Act. (Mr. HILL asked and was given per- Over the past few weeks, I have re- f mission to address the House for 1 ceived a lot of conflicting information minute and to revise and extend his re- regarding Puerto Rican statehood. DON’T SPEND THE SURPLUS marks.) Some say statehood will cost the tax- (Mr. DELAY asked and was given per- Mr. HILL. Mr. Speaker, I have a payers $3.5 billion. Others say it will mission to address the House for 1 question today for the Department of result in a $2.5 billion benefit. Which is minute and to revise and extend his re- Agriculture. Are you willing to look true? I cannot be sure, and the Amer- marks.) into the faces of American farm fami- ican people do not know the truth yet Mr. DELAY. Mr. Speaker, today the lies? either. Congressional Budget Office announced Yesterday morning in Sweetgrass, When I was home this weekend, I that the Federal budget is in surplus Montana, on the border between Can- asked several folks what they thought for the first time in 30 years. This is re- ada and the United States, dozens of of Puerto Rico becoming the 51st markable, especially when we look at farmers and ranchers from both sides State. Most of my constituents did not where we were in 1994. of the border gathered in protest by even realize Congress was considering In 1994, President Clinton’s budget barricading the border to gain the at- such a vote. We should not vote on projected $200 billion in deficits for as tention of the administration. such an important bill when our voters far as the eye could see. Now, back It is not just a protest about grain are not fully informed. then, the pundits laughed at the Re- prices, even though those prices are During my time in Congress, I have publican leadership when we said we below the cost of production. And it generally been supportive of my leader- were going to balance the budget as we was not just a protest about unfair ship. But I say to the Republican lead- cut taxes. Well, who is laughing now? trade, even though Canada and the Ca- ership today that they are making a Now that we have a surplus, we need nadian Grain Board is dumping grain grave mistake. I believe they have mis- to return the money back to the Amer- into the United States. It was a protest judged the will and understanding of ican taxpayer. Unfortunately, the about administrations in Washington the American people. They do not President has different ideas. He has and a Federal Government in Ottawa know enough about this legislation, proposed over $100 billion in new Wash- that have turned their back on produc- they do not know it is coming. Ameri- ington spending. ers. cans are going to wake up Thursday Well, Mr. Speaker, my constituents My question to the Secretary of Agri- morning with Puerto Rico well on its do not want any more wasteful Wash- culture and to our trade representa- way to becoming the 51st star in the ington spending. Their message to the tive: Will you come to Shelby, Mon- flag and they are going to say, why President is very clear: Don’t spend our tana and will you look into the faces of were we not consulted? surplus. these farm families, and will you sit at March 3, 1998 CONGRESSIONAL RECORD — HOUSE H703 their kitchen tables and look at their have Mr. Bill Nye, the Science Guy; a SEC. 2. FINDINGS; PURPOSE. budgets with me? Will you listen to representative from Sesame Street; (a) FINDINGS.—The Congress finds that— them and their ideas and their solu- and others, talking in particular about (1) the United States faces a crisis of individuals and families who lack basic afford- tions so that these families can enjoy a the question of how we can maintain able housing and appropriate shelter; piece of America’s prosperity too? Mr. interest among our students in science (2) assistance from the Federal Govern- Secretary, will you do that? Will you and mathematics as they get older. I ment is an important factor in the success of not turn your back on them? encourage the Members of the House to efforts by State and local governments and f attend that hearing, and I am sure we the private sector to address the problem of will learn a great deal about what we homelessness in a comprehensive manner; PRESIDENT SHOULD SUPPORT CO- can do as a Nation to improve our stu- (3) there are a multitude of Federal Gov- ALITION SUPPORTING FAIRER, ernment programs to assist the homeless, in- dents’ performance in mathematics and SIMPLER TAX SYSTEM cluding programs for elderly persons, persons science in elementary and secondary with disabilities, Native Americans, and vet- (Mr. JONES asked and was given per- schools. erans; mission to address the House for 1 f (4) many of the Federal programs for the minute and to revise and extend his re- homeless have overlapping objectives, result- marks.) ANNOUNCEMENT BY THE SPEAKER ing in multiple sources of Federal funding Mr. JONES. Mr. Speaker, I rise today PRO TEMPORE for the same or similar purposes; to encourage the President to join the The SPEAKER pro tempore (Mr. (5) while the results of Federal programs to coalition supporting a fairer, simpler assist the homeless generally have been posi- SNOWBARGER). Pursuant to the provi- tive, it is clear that there is a need for con- tax system. The President seems to sions of clause 5 of rule I, the Chair an- think that the status quo is okay. He solidation and simplification of such pro- nounces that he will postpone further grams to better support local efforts; obviously has not been speaking to proceedings today on each motion to (6) increasing resources available to reduce people in eastern North Carolina be- suspend the rules on which a recorded homelessness are utilized in the development cause they remind me daily that the vote or the yeas and nays are ordered, of services rather than the creation of hous- status quo is out of control. or on which the vote is objected to ing; When the American taxpayer spends (7) housing programs must be evaluated on under clause 4 of rule XV. 5 billion hours and $225 billion annually the basis of their effectiveness in reducing Such rollcall votes, if postponed, will just to prepare their tax returns, some- homelessness, transitioning individuals to be taken after debate has concluded on thing is clearly wrong. Mr. Speaker, permanent housing and self-sufficiency, and all motions to suspend the rules, but creating an adequate plan to discharge the American people need relief, not homeless persons to and from mainstream only from their ever-increasing tax not before 5 p.m. today. f service systems; burden of 38 percent but from the (8) effective homelessness treatment lengthy and complicated tax code SUPPLEMENTAL REPORT ON H.R. should provide a comprehensive housing sys- itself. 217, HOMELESS HOUSING PRO- tem (including transitional and permanent I ask the President to join those of us GRAMS CONSOLIDATION AND housing) and, while not all homeless individ- who are fighting to provide the tax- FLEXIBILITY ACT uals and families attain self-sufficiency and payers with the relief they so rightly independence by utilizing transitional hous- deserve. Reject the status quo and sup- Mr. LAZIO of New York. Mr. Speak- ing and then permanent housing, in many er, I ask unanimous consent to file on cases such individuals and families are best port a fairer, simpler tax system for able to reenter society directly through per- the American people. behalf of the Committee on Banking and Financial Services a supplemental manent, supportive housing; f (9) supportive housing activities support report to accompany the bill (H.R. 217), homeless persons in an environment that can CONGRESS TO LOOK INTO MATH- to amend Title IV of the Stewart B. meet their short-term or long-term needs SCIENCE EDUCATION AND NA- McKinney Homeless Assistance Act to and prepare them to reenter society as ap- TION’S SCIENCE POLICY consolidate the Federal programs for propriate; (Mr. EHLERS asked and was given housing assistance for the homeless (10) homelessness should be treated as part permission to address the House for 1 into a block grant program that en- of a symptom of many neighborhood and minute and to revise and extend his re- sures that States and communities are community problems, whose remedies remarks.) provided sufficient flexibility to use as- quire a holistic approach integrating all available resources; Mr. EHLERS. Mr. Speaker, earlier a sistance amounts effectively. (11) there are many private sector entities, colleague from Maine registered con- The SPEAKER pro tempore. Is there particularly nonprofit organizations, that cern about the results of the third objection to the request of the gen- have successfully operated homeless pro- International Mathematics and tleman from New York? grams; Science Study, which indicated that in There was no objection. (12) government restrictions and regula- the area of mathematics we were at the f tions may discourage and impede innovative bottom of the list of Nations who took approaches to homelessness, such as coordi- the test, with the exception of Cyprus HOMELESS HOUSING PROGRAMS nation of the various types of assistance that and South Africa. And in science we CONSOLIDATION AND FLEXIBIL- are required by homeless persons; and ITY ACT (13) the Federal Government has a respon- are very little better. We only passed sibility to establish partnerships with State up Italy, Lithuania, Cyprus and one Mr. LAZIO of New York. Mr. Speak- and local governments and the private sector other country. er, I move to suspend the rules and to address comprehensively the problems of This is indeed a sad state of affairs. I pass the bill (H.R. 217) to amend title homelessness. appreciate my colleague’s interest, and IV of the Stewart B. McKinney Home- (b) PURPOSE.—It is the purpose of this I also want to mention that the Speak- less Assistance Act to consolidate the Act— er of the House, the gentleman from Federal programs for housing assist- (1) to consolidate the existing housing programs for homeless persons under title IV of Georgia (Mr. GINGRICH), and the chair- ance for the homeless into a block the Stewart B. McKinney Homeless Assist- man of the Committee on Science, the grant program that ensures that States ance Act into a single block grant program gentleman from Wisconsin (Mr. SEN- and communities are provided suffi- for housing assistance for the homeless; SENBRENNER), earlier during the pre- cient flexibility to use assistance (2) to allow flexibility and creativity in re- vious session decided that this was a amounts effectively, as amended. thinking solutions to homelessness, includ- serious problem that had to be ad- The Clerk read as follows: ing alternative housing strategies and an improved service sector; dressed by the Committee on Science. H.R. 217 (3) to provide Federal assistance to reduce Mr. SENSENBRENNER has commissioned Be it enacted by the Senate and House of Rep- me to head up the effort on the part of homelessness on a basis that requires recipi- resentatives of the United States of America in ents of such assistance to supplement the the Committee on Science to look into Congress assembled, federally provided amounts and thereby math-science education as well as our SECTION 1. SHORT TITLE. guarantee the provision of a certain level of Nation’s science policy. This Act may be cited as the ‘‘Homeless housing and complementary services nec- In particular, we will be having a Housing Programs Consolidation and Flexi- essary to meet the needs of the homeless hearing tomorrow in which we will bility Act’’. population; and H704 CONGRESSIONAL RECORD — HOUSE March 3, 1998 (4) to ensure that multiple Federal agen- ‘‘(3) The Federal Government shall use the ‘‘SEC. 404. USE OF PROJECT SPONSORS. cies are involved in the provision of housing, Interagency Council on the Homeless as a ve- ‘‘(a) TRANSFER OF GRANT AMOUNTS BY human services, employment, and education hicle to coordinate services, programs, and GRANTEES.—Eligible activities assisted with assistance both through the funding provided funds to promote the transition of homeless grant amounts provided under this title may for implementation of the Stewart B. McKin- people to self-sufficiency in permanent hous- be carried out directly by the grantee or by ney Homeless Assistance Act and maining. other entities serving as project sponsors stream funding and to encourage entre- ‘‘SEC. 402. GRANT AUTHORITY. which are provided such grant amounts by preneurial approaches in the provision of ‘‘(a) IN GENERAL.—The Secretary may the grantee or a subgrantee of the grantee. housing for homeless people. make grants as provided under this title to ‘‘(b) COMPETITIVE SELECTION CRITERIA.—To SEC. 3. GENERAL PROVISIONS. eligible grantees for States, metropolitan Title I of the Stewart B. McKinney Home- cities, urban counties, and insular areas for the extent that a grantee does not use grant less Assistance Act (42 U.S.C. 11301 et seq.) is carrying out eligible activities under sub- amounts for eligible activities carried out di- amended— titles B and C. rectly by the grantee, the grantee shall se- (1) by striking section 102; ‘‘(b) GRANT AMOUNTS.—Except as otherwise lect eligible activities for assistance and (2) in section 103— provided under this title, amounts for a fis- project sponsors to carry out such eligible (A) in subsection (a), by striking ‘‘the term cal year allocated under section 406 shall be activities pursuant to a competition based ‘homeless’ or ‘homeless individual or home- used as follows: on criteria established by the Secretary, less person’ includes’’ and inserting ‘‘the ‘‘(1) INSULAR AREAS.—Any amounts for the which shall include— terms ‘homeless’, ‘individual’, and ‘homeless fiscal year allocated under section 406(a) for ‘‘(1) whether the project sponsor that will person’ include’’; and an insular area shall be used for a grant to carry out the activity is financially respon- the eligible grantee for the insular area for (B) in subsection (c), by striking ‘‘the term sible; such fiscal year. ‘homeless’ or ‘homeless individual’ does not ‘‘(2) the ability of the project sponsor to ‘‘(2) PERMANENT HOUSING DEVELOPMENT.— include’’ and inserting ‘‘the terms ‘home- carry out the eligible activity and the Any amounts allocated under section 406(b) less’, ‘individual’, and ‘homeless person’ do project sponsor’s experience in successfully for use under subtitle B shall be used for not include’’; and transitioning homeless persons into stable, grants under section 406(b)(2) to States, met- (3) by redesignating sections 103, 104, and long-term housing; ropolitan cities, and urban counties for such 105 as sections 102, 103, and 104, respectively. ‘‘(3) the need for the type of eligible activ- fiscal year. ity in the area to be served; SEC. 4. FEDERAL EMERGENCY MANAGEMENT ‘‘(3) FLEXIBLE BLOCK GRANT HOMELESS AS- AGENCY FOOD AND SHELTER PRO- ‘‘(4) the extent to which the amount of as- GRAM. SISTANCE.—Any amounts allocated under sec- sistance to be provided with grant amounts Section 322 of the Stewart B. McKinney tion 406(c) for a State, metropolitan city, or will be supplemented with resources from Homeless Assistance Act (42 U.S.C. 11352) is urban county, shall be used for a grant under other public and private sources; amended to read as follows: section 406(c) to the eligible grantee for the ‘‘(5) the cost-effectiveness of the proposed State, metropolitan city, or urban county, ‘‘SEC. 322. AUTHORIZATION OF APPROPRIATIONS. eligible activity, considered in relation to for the fiscal year. ‘‘There are authorized to be appropriated the ultimate goal of moving people out of ‘‘(c) USE FOR ELIGIBLE ACTIVITIES.—Grant to carry out this title such sums as may be homelessness permanently, including consid- amounts provided under this title and any eration of high-cost area services, and other necessary for each of fiscal years 1998, 1999, supplemental funds provided under section 2000, 2001, and 2002.’’. necessary amenities; 407 may be used only as follows: ‘‘(6) the extent to which the project spon- SEC. 5. PERMANENT HOUSING DEVELOPMENT ‘‘(1) INSULAR AREA GRANTS.—In the case of AND FLEXIBLE BLOCK GRANT sor carrying out the eligible activity— a grant under subsection (b)(1) for an insular ‘‘(A) will coordinate with Federal, State, HOMELESS ASSISTANCE PROGRAM. area, for eligible activities under subtitle C (a) IN GENERAL.—Title IV of the Stewart B. local, and private entities serving homeless benefiting the insular area. McKinney Homeless Assistance Act (42 persons in the development of a comprehen- ‘‘(2) PERMANENT HOUSING DEVELOPMENT U.S.C. 11361 et seq.) is amended to read as sive housing system and in the planning and GRANTS.—In the case of a grant under sub- operation of the activity; and follows: section (b)(2) to a State, metropolitan city, ‘‘(B) will, pursuant to section 408(m)(3), ‘‘TITLE IV—PERMANENT HOUSING DEVEL- or urban county, for eligible activities under carry out the activity in coordination and OPMENT AND FLEXIBLE BLOCK GRANT subtitle B within the State, metropolitan conjunction with federally funded activities HOMELESS ASSISTANCE PROGRAM city, or urban county, respectively. for the homeless; ‘‘Subtitle A—General Provisions ‘‘(3) FLEXIBLE BLOCK GRANT HOMELESS AS- ‘‘(7) the extent to which the project spon- SISTANCE.—In the case of a grant under sub- ‘‘SEC. 401. PURPOSE; PERFORMANCE MEASURES. sor employs homeless persons or involves section (b)(3) for a State, metropolitan city, ‘‘(a) PURPOSE.—The purpose of the program homeless persons or formerly homeless per- or urban county, for eligible activities under under this title is to provide assistance for sons in the operation and design of its pro- subtitle C benefiting the State, metropolitan permanent housing development for home- grams; and city, or urban county, and carried out only less persons and promote the development of ‘‘(8) such other factors as the Secretary de- within non entitlement areas of the State, a comprehensive housing system that transi- termines to be appropriate to carry out this metropolitan city, or county, as applicable. tions homeless persons to live as independ- title in an effective and efficient manner. ently as possible, including assistance in the ‘‘SEC. 403. ELIGIBLE GRANTEES. form of permanent housing development, ‘‘For purposes of this title, the term ‘eligi- ‘‘SEC. 405. COMPREHENSIVE HOUSING AFFORD- supportive housing, emergency shelters, sup- ble grantee’ has the following meaning: ABILITY STRATEGY COMPLIANCE. portive services, and activities to prevent ‘‘(1) GRANTS FOR INSULAR AREAS.—In the ‘‘A grant under this title may be provided homelessness. case of a grant from amounts allocated to an eligible grantee only if— ‘‘(b) PERFORMANCE MEASURES.—Consistent under section 406(a) for an insular area, such ‘‘(1) the applicable jurisdiction for which with the purposes and requirements of the term means— the grant amounts are allocated under sec- Government Performance and Results Act of ‘‘(A) the insular area, or an agency, office, tion 406 has submitted to the Secretary a 1993, the programs under this title and the or other entity of the area; or comprehensive housing affordability strat- implementation of such programs by the De- ‘‘(B) to the extent that an entity that is a egy in accordance with section 105 of the partment of Housing and Urban Development private nonprofit organization is authorized Cranston-Gonzalez National Affordable shall comply with the following performance by the government of the insular area to act Housing Act and any other requirement es- goals: as the grantee for the area for purposes of tablished by the Secretary and which is in ‘‘(1) The Federal Government shall ensure this title, such private nonprofit entity. effect for the fiscal year for which such grant an effective grant allocation process and ‘‘(2) GRANTS FOR PERMANENT HOUSING DE- amounts are to be provided; and sound financial management of the process. VELOPMENT AND FLEXIBLE ASSISTANCE.—In ‘‘(2) the public official of such applicable Such grant allocation process shall be imple- the case of a grant from amounts allocated jurisdiction who is responsible for submit- mented to ensure that— under section 406(b) or section 406(c) for a ting the comprehensive housing affordability ‘‘(A) local governments shall work with State, metropolitan city, or urban county, strategy required by paragraph (1) certifies the appropriate Local Board to create inno- such term means— to the Secretary that the eligible activities vative plans sufficient to address the needs ‘‘(A) the State, metropolitan city, or urban to be assisted with such grant amounts are of homeless people in their community; and county, respectively, or an agency, office, or or will be consistent with such comprehen- ‘‘(B) all eligible communities receive funds other entity of the State, city, or county, re- sive housing affordability strategy, includ- to address the needs of homeless people in spectively; and ing the plans in such strategy for addressing such communities through local govern- ‘‘(B) to the extent that a private nonprofit housing needs for homeless families. ments or private nonprofit organizations. organization is authorized by the govern- ‘‘(2) The financial resources provided under ment of the State, metropolitan city, county ‘‘SEC. 406. ALLOCATION AND AVAILABILITY OF this title shall be used effectively to create to act as the grantee for the State, metro- AMOUNTS. more low-cost permanent housing and to politan city, or county, respectively, for pur- ‘‘(a) ALLOCATION FOR INSULAR AREAS.—Of transition homeless people to self-sufficiency poses of this title, such private nonprofit or- the amount made available for grants under and permanent housing. ganization. this title for a fiscal year, the Secretary March 3, 1998 CONGRESSIONAL RECORD — HOUSE H705 shall reserve for grants for each of the insu- ‘‘(B) subsection (d) shall not apply to subtitle C for a State is less than $2,000,000, lar areas amounts in accordance with an al- amounts for such fiscal year; and the allocation for that State shall be in- location formula established by the Sec- ‘‘(C) notwithstanding any other provision creased to $2,000,000 and the increase shall be retary. of this title, the Secretary shall make grants provided by deducting pro rata amounts ‘‘(b) ALLOCATION FOR PERMANENT HOUSING under this title from such amounts to from the allocations under such subtitle of DEVELOPMENT GRANTS UNDER SUBTITLE B.— States, units of general local government, States with allocations of more than ‘‘(1) ANNUAL PORTION OF APPROPRIATED and private nonprofit organizations, pursu- $2,000,000. AMOUNT AVAILABLE.—Of the amount made ant to a national competition based on the ‘‘(B) GRADUATED MINIMUM GRANT ALLOCA- available for grants under this title for a fis- criteria specified in section 404(b). TIONS.—Notwithstanding subparagraph (A) of cal year that remains after amounts are re- ‘‘(5) STUDY; SUBMISSION OF INFORMATION TO this paragraph and notwithstanding para- served under subsection (a), the Secretary CONGRESS RELATED TO ALTERNATIVE METHODS graph (3), a State, metropolitan city, or shall allocate for use under subtitle B, 30 OF ALLOCATION.—Not later than 1 year after urban county shall receive no less funding percent of such funds (except that for fiscal the date of the enactment of the Homeless under this subsection in the first full fiscal years 1998 and 1999, the Secretary shall allo- Housing Program Consolidation and Flexi- year after the date of the enactment of the cate 25 percent of such funds for use under bility Act, the Secretary shall— Homeless Housing Programs Consolidation such subtitle). ‘‘(A) submit to Congress— and Flexibility Act than 90 percent of the av- ‘‘(2) GRANTS.—Using the amounts allocated ‘‘(i) the best available methodology for de- erage of the amounts awarded annually to for use under subtitle B for a fiscal year, the termining a formula relative to the geo- that jurisdiction for homeless assistance pro- graphic allocation of funds under this sub- Secretary shall make grants to States, met- grams administered by the Secretary (not in- title among entitlement communities and ropolitan cities, and urban counties pursuant cluding allocations for shelter plus care and nonentitlement areas based on the incidence to a national competition based on the cri- single room occupancy programs as defined of homelessness and factors that lead to teria specified in section 404(b) and in ac- in, and in effect pursuant to, this Act prior homelessness; cordance with such other factors and proce- to the date of the enactment of the Homeless ‘‘(ii) proposed alternatives to the formula dures as the Secretary determines to be ap- Housing Programs Consolidation and Flexi- propriate to carry out this title in an effec- submitted pursuant to clause (i) for allocating funds under this section, including an bility Act) under this title during fiscal tive and efficient manner. evaluation and recommendation on a 75/25 years 1994 through 1997, no less than 85 per- ‘‘(3) LIMITATION.—In making grants using percent and other allocations of flexible cent in the second full fiscal year after the amounts allocated for use under subtitle B block grant homeless assistance between date of the enactment of the Homeless Hous- for any fiscal year, the Secretary shall en- metropolitan cities and urban counties and ing Programs Consolidation and Flexibility sure that not more than 35 percent of the States under paragraph (2); Act, no less than 80 percent in the third and total amount allocated for such use for such ‘‘(iii) an analysis of the deficiencies in the fourth full fiscal years after the date of the fiscal year is used for activities under sec- current allocation formula described in sec- enactment of the Homeless Housing Pro- tion 441 of this Act, as in effect on October tion 106(b) of the Housing and Community grams Consolidation and Flexibility Act, and 31, 1997. Development Act of 1974; no less than 75 percent in the fifth full fiscal ‘‘(c) ALLOCATION FOR FLEXIBLE BLOCK ‘‘(iv) an analysis of the adequacy of cur- year after the date of the enactment of the GRANT HOMELESS ASSISTANCE UNDER SUB- rent indices used as proxies for measuring Homeless Housing Programs Consolidation TITLE C.— homelessness; and and Flexibility Act, but only if the amount ‘‘(1) ANNUAL PORTION OF APPROPRIATED ‘‘(v) an analysis of the bases underlying appropriated pursuant to section 435 in each AMOUNT AVAILABLE FOR SUBTITLE C ACTIVI- each of the proposed allocation methods; such fiscal year exceeds $800,000,000. If that TIES.—Of the amount made available for ‘‘(B) perform the duties required by this amount does not exceed $800,000,000 in any grants under this title for a fiscal year that paragraph in ongoing consultation with— fiscal year referred to in the first sentence of remains after amounts are reserved under ‘‘(i) the Subcommittee on Housing Oppor- this paragraph, the jurisdiction may receive subsection (a), the Secretary shall allocate tunity and Community Development of the its proportionate share of the amount appro- for use under subtitle C 70 percent of such Committee on Banking, Housing, and Urban priated which may be less than the amount funds (except that for fiscal years 1998 and Affairs of the Senate; stated in such sentence for such fiscal year. 1999, the Secretary shall allocate 75 percent ‘‘(ii) the Subcommittee on Housing and ‘‘(7) REDUCTION.—Notwithstanding para- of such funds for use under such subtitle). Community Opportunity of the Committee graphs (1) through (6), in any fiscal year, the ‘‘(2) ALLOCATION OF AMOUNT AVAILABLE BE- on Banking and Financial Services of the Secretary may provide a grant under this TWEEN METROPOLITAN CITIES AND URBAN COUN- House of Representatives; subsection for a State, metropolitan city, or TIES AND STATES.—Of the amount allocated ‘‘(iii) organizations representing States, urban county, in an amount less than the pursuant to paragraph (1) for use under sub- metropolitan cities and urban counties; amount allocated under those paragraphs, if title C for a fiscal year, 70 percent shall be ‘‘(iv) organizations representing rural com- the Secretary determines that the jurisdic- allocated for metropolitan cities and urban munities; tion has failed to comply with requirements counties and 30 percent shall be allocated for ‘‘(v) organizations representing veterans; of this title, or that such action is otherwise States. ‘‘(vi) organizations representing persons appropriate. ‘‘(3) INTERIM DETERMINATION OF ALLOCATED with disabilities; AMOUNT.—Except as provided in paragraph ‘‘(vii) members of the academic commu- ‘‘(d) RECAPTURE OF ALLOCATED AMOUNTS.— (4), the Secretary shall allocate amounts nity; and The Secretary shall recapture the following available for use under subtitle C for a fiscal ‘‘(viii) national homelessness advocacy amounts: year so that— groups; and ‘‘(1) UNUSED AMOUNTS.—Not less than once ‘‘(A) for each metropolitan city and urban ‘‘(C) estimate the amount of funds that during each fiscal year, the Secretary shall county, the percentage of the total amount will be received annually by each entitle- recapture any amounts allocated under this allocated under this subsection for cities and ment community and nonentitlement area section that— counties that is allocated for such city or under each such alternative allocation sys- ‘‘(A) are allocated for a State, metropoli- county is equal to the percentage of the tem and compare such amounts to the tan city or urban county, or insular area, but total amount available for the preceding fis- amount of funds received by each entitle- not provided to an eligible grantee for the ju- cal year under section 106(b) of the Housing ment community and nonentitlement area in risdiction because of failure to apply for a and Community Development Act of 1974 for prior years under this section. grant under this title or failure to comply grants to metropolitan cities and urban ‘‘(6) MINIMUM ALLOCATIONS AMOUNTS.— with the requirements of this title; counties that was allocated for such city or ‘‘(A) IN GENERAL.— ‘‘(B) were provided to a grantee and (i) re- county; and ‘‘(i) METROPOLITAN CITIES AND URBAN COUN- captured under this title, or (ii) not utilized ‘‘(B) for each State, the percentage of the TIES.—Notwithstanding paragraph (3), if for by the grantee in accordance with the pur- total amount allocated under this subsection any fiscal year, the allocation under subtitle poses and objectives of the approved applica- for States that is allocated for such State is C for a metropolitan city or urban county is tion of the grantee within a reasonable time equal to the percentage of the total amount less than 0.05 percent of the amounts avail- period, which the Secretary shall establish; available for the preceding fiscal year under able for such use, such metropolitan city or or section 106(d) of the Housing and Community urban county shall not receive a grant and ‘‘(C) are returned to the Secretary by the Development Act of 1974 for grants to States its allocation shall be added to the alloca- time of such reallocation. that was allocated for such State. tion for the State in which such metropoli- ‘‘(2) AMOUNTS ALLOCATED TO GRANTEES ‘‘(4) MINIMUM APPROPRIATION REQUIRE- tan city or urban county is located, except THAT FAIL TO COMPLY WITH COMPREHENSIVE MENT.—If, by December 1 of any fiscal year, that any such metropolitan city or urban HOUSING AFFORDABILITY STRATEGY REQUIRE- the amount appropriated for grants under county that received a grant under this title MENTS.—Notwithstanding paragraph (1), if, this title for such fiscal year is less than in a previous fiscal year shall be allocated an for any fiscal year, a metropolitan city or $750,000,000— amount equal to 0.05 percent of the amounts urban county fails to comply with the re- ‘‘(A) the Secretary shall not allocate appropriated for such use. quirement under section 405(1) during the 90- amounts for such fiscal year under sub- ‘‘(ii) STATES.—Notwithstanding paragraph day period beginning on the date that section (b) and this subsection; (3), if in any fiscal year the allocation under amounts for grants under this title for such H706 CONGRESSIONAL RECORD — HOUSE March 3, 1998 fiscal year first become available for alloca- ‘‘(ii) supplemental amounts required under the application was submitted by any par- tion, the amounts that would have been allo- subsection (a)(2) in an amount exceeding 50 ticular type of eligible grantee. cated under subsection (c) of this section for percent of the grant amount provided to the ‘‘(2) CONTENTS.—The Secretary shall re- such city or county shall be reallocated for subgrantee or project sponsor. quire that applications contain at a mini- the State in which the unit is located, but ‘‘(B) SUPPORTIVE SERVICES.—A grantee may mum the following information: only if the State has complied with the re- require any subgrantee or project sponsor to ‘‘(A) GRANTS FOR PERMANENT HOUSING DE- quirement under section 405(1). Any amounts whom it provides grant amounts under this VELOPMENT ACTIVITIES.—In the case of an ap- that cannot be allocated for a State under title to provide supplemental amounts re- plication for a grant available for use for ac- the preceding sentence shall be reallocated quired under subsection (b) in an amount tivities under subtitle B or an application for for other metropolitan cities and urban equal to the amount used by subgrantee or a grant available for use under subtitle C for counties and States that comply with such project sponsor for supportive services in a permanent housing development assistance— requirement and demonstrate extraordinary fiscal year that exceeds 35 percent of the ‘‘(i) a description of the permanent housing need or large numbers of homeless persons, total amount allocated pursuant to this sub- development activities to be assisted; as determined by the Secretary. section for that fiscal year. ‘‘(ii) a description of the entities that will ‘‘(e) REALLOCATION OF AMOUNTS.—Any ‘‘(3) SUPPLEMENTAL FUNDS MAY BE CONSID- carry out such activities and the programs amounts allocated under subsection (b) that ERED AS MATCHING FUNDS.—Supplemental for carrying out such activities; and are recaptured pursuant to subsection (d)(1) amounts provided by a subgrantee or project ‘‘(iii) assurances satisfactory to the Sec- shall be reallocated only for use under sub- sponsor pursuant to this subsection may be retary that the facility will comply with the title B. Any amounts allocated under sub- considered supplemental amounts for pur- requirement under subsection (j). section (c) that are recaptured pursuant to poses of compliance by any grantee with the ‘‘(B) FLEXIBLE BLOCK GRANT HOMELESS AS- subsection (d)(1) shall be reallocated only for requirement under subsections (a) and (b). SISTANCE.—In the case of an application for a use under subtitle C. ‘‘(e) USE OF FUNDS.—Any supplemental grant available for use for activities under subtitle C— ‘‘SEC. 407. MATCHING FUNDS REQUIREMENT. funds made available in compliance with this ‘‘(i) a description of the eligible activities ‘‘(a) IN GENERAL.—Each State, metropoli- section shall be available only to carry out to be assisted, to the extent available at the tan city or urban county, and insular area eligible activities (1) under subtitle B, if the grant amounts are available only for such time; for which a grant under this title is made ‘‘(ii) in the case of a grant for a facility as- shall supplement the amount of the grant activities, or (2) under subtitle C, if the grant amounts are available only for such sisted under paragraph (1) or (2) of section provided under this title with an amount 421(a), assurances satisfactory to the Sec- that is not less than— activities. ‘‘(f) SUPPLEMENTAL FUNDS.—In determin- retary that the facility will comply with the ‘‘(1) 50 percent of the amount of such grant, requirement under subsection (j); if the State, metropolitan city or urban ing the amount of supplemental funds provided in accordance with this section, the ‘‘(iii) in the case of a grant for a supportive county, and insular area has indicated in its housing facility assisted under this title that application for such grant that it will not in- following amounts may be included: ‘‘(1) Cash. does not receive assistance under paragraph clude as a portion of its supplementation the (1) or (2) of section 421(a), annual assurances cost or value of donated services; or ‘‘(2) The value of any donated or purchased material or building. during the period specified in the application ‘‘(2) 100 percent of the grant amount, if the that the facility will be operated for the pur- ‘‘(3) The value of any lease on a building. State, metropolitan city, urban county, or pose specified in the application for such pe- ‘‘(4) The proceeds from bond financing val- insular area indicated in its application for riod; and idly issued by a State or unit of general local such grant that it will include as a portion of ‘‘(iv) in the case of a grant for a supportive government, agency, or instrumentality its supplementation the cost or value of do- housing facility, reasonable assurances that thereof, and repayable with revenues derived nated services. the project sponsor will own or have control from the activity assisted under this title. ‘‘(b) MATCHING REQUIREMENT FOR USE OF of a site not later than the expiration of the ‘‘(5) The amount of any salary paid to staff MORE THAN 35 PERCENT OF FUNDS FOR SUP- 12-month period beginning upon notification to carry out a program for eligible activities PORTIVE SERVICES.—In addition to the sup- of an award of grant assistance, unless the under subtitle B or C. plemental funds required pursuant to sub- application proposes providing supportive section (a), for the second full fiscal year ‘‘(6) The cost or value of any donated housing assisted under section 421(a)(3) or after the date of the enactment of the Home- goods. housing that will eventually be owned or less Housing Programs Consolidation and ‘‘(7) The value of taxes, fees, or other controlled by the families and individuals Flexibility Act and each fiscal year there- charges that are normally and customarily served; except that a project sponsor may ob- after, a State, metropolitan city, or urban imposed, but which are waived or foregone to tain ownership or control of a suitable site county shall supplement the grant funds for assist in providing housing or services for different from the site specified in the appli- the State, metropolitan city, or urban coun- the homeless. cation. ‘‘(8) The cost of on-site and off-site infra- ty in an amount equal to the amount used by ‘‘(C) ALL GRANTS.—In the case of an appli- that State, metropolitan city, or urban structure that is directly related to and nec- cation for any grant under this title— county for supportive services in a fiscal essary for providing housing or services for ‘‘(i) a description of the size and character- year that exceeds 35 percent of the total the homeless. istics of the population, including specific grant amount for the State, metropolitan ‘‘(9) The cost or value of any donated serv- references to populations with special needs, city, or urban county for that fiscal year. ices, but only if the State, metropolitan city, that will be served by the eligible activities ‘‘(c) TREATMENT OF INDEPENDENT STATE OR urban county, or insular area has stated in assisted with grant amounts; LOCAL GOVERNMENT FUNDS.—Any State or its application for a grant under this title ‘‘(ii) a description of the public and private local government funds used independently that it shall supplement the amount of such resources that are expected to be made avail- from the program under this title, or des- grant, in accordance with section 407(a)(2). able in connection with grant amounts pro- ignated for such use, to assist the homeless ‘‘(g) REDUCTION IN MATCHING REQUIRE- vided; by carrying out activities that would be eli- MENTS.—If a jurisdiction certifies to the Sec- ‘‘(iii) a description of the process to be gible for assistance under this subtitle may retary that it is in fiscal distress (as defined used in compliance with section 404(b) to se- be counted toward the amount required pur- in section 220(d)(2) of the Cranston-Gonzalez lect eligible activities to be assisted and suant to subsection (a). National Affordable Housing Act) for a fiscal project sponsors; ‘‘(d) AUTHORITY FOR GRANTEES TO REQUIRE year, the Secretary shall apply the matching ‘‘(iv) a certification that the applicant will SUPPLEMENTATION.— requirement under subsection (a) to such ju- comply with the requirements of the Fair ‘‘(1) IN GENERAL.—Each grantee under this risdiction for such fiscal year by reducing Housing Act, title VI of the Civil Rights Act title may require any subgrantee or project such percentage under subsection (a) to the of 1964, section 504 of the Rehabilitation Act sponsor to whom it provides such grant same extent, in the same manner, and ac- of 1973, and the Age Discrimination Act of amounts to provide supplemental amounts cording to the same criteria as matching re- 1975, and will affirmatively further fair hous- required under subsections (a) and (b) with quirements are reduced under section 220(d) ing; and an amount of funds from sources other than of the Cranston-Gonzalez National Afford- ‘‘(v) a statement of whether the applicant this title. able Housing Act. will or will not include, as a portion of its ‘‘(2) AMOUNT ALLOWED TO BE REQUIRED BY ‘‘SEC. 408. PROGRAM REQUIREMENTS. supplementation amount required under sec- GRANTEE.— ‘‘(a) APPLICATIONS.— tion 407(a), the cost or value of donated serv- ‘‘(A) GRANT AMOUNT.—Except as provided ‘‘(1) FORM AND PROCEDURE.—The Secretary ices. in paragraph (3), a grantee may not require shall make a grant under this title only pur- ‘‘(b) REQUIRED AGREEMENTS.—The Sec- any subgrantee or project sponsor to whom suant to an application for a grant submit- retary may not provide a grant under this it provides such grant amounts under this ted by an eligible grantee in the form re- title for any applicant unless the applicant title to provide— quired by this section and in accordance agrees— ‘‘(i) supplemental amounts required under with such other factors and procedures as ‘‘(1) to ensure that the eligible activities subsection (a)(1) in an amount exceeding 25 the Secretary determines to be appropriate. carried out with grant amounts will be car- percent of the grant amount provided to the The Secretary may not give preference or ried out in accordance with the provisions of subgrantee or project sponsor; or priority to any application on the basis that this title; March 3, 1998 CONGRESSIONAL RECORD — HOUSE H707 ‘‘(2) to conduct an ongoing assessment of sistance the grantee may have received unit, supportive housing facility, or emer- the supportive services required by homeless under this subtitle during the preceding 5 gency shelter shall be— persons assisted by the eligible activities years. ‘‘(A) in the case of permanent housing, a and the availability of such services to such ‘‘(2) ELECTRONIC ACCESS.—A grantee may unit, facility, or shelter located in a jurisdic- persons; comply with the requirement under subpara- tion which has in effect laws, regulations, ‘‘(3) in the case of grant amounts to be graphs (A), (B), and (D) of paragraph (1) by standards, or codes regarding habitability of used under subtitle C for a supportive hous- making the information available through such housing, units, facilities, or shelters ing facility or an emergency shelter, to en- interactive computer or telephone services that provide protection to residents of the sure the provision of such residential super- or other electronic information networks dwellings that is equal to or greater than the vision as the Secretary determines is nec- and systems appropriate for making such in- protection provided under the housing qual- essary to facilitate the adequate provision of formation widely available to the public. ity standards established under paragraph supportive services to the residents and ‘‘(3) NOTICE AND COMMENT.—Before submit- (3), such applicable laws, regulations, stand- users of the facility or shelter; ting any substantial amendment to an appli- ards, or codes; or ‘‘(4) to monitor and report under section cation under this Act, a grantee shall pro- ‘‘(B) in the case of permanent housing, a 431 to the Secretary on the progress of the vide citizens with reasonable notice of, and unit, facility, or shelter located in a jurisdic- eligible activities carried out with grant opportunity to comment on, the amendment. tion which does not have in effect laws, regu- amounts; ‘‘(4) CONSIDERATION OF COMMENTS.—A lations, standards, or codes described in sub- ‘‘(5) to develop and implement procedures grantee shall consider any comments or paragraph (A), the housing quality standards to ensure— views of citizens in preparing a final applica- established under paragraph (3). ‘‘(A) the confidentiality of records pertain- tion or amendment to an application for sub- ‘‘(3) FEDERAL HOUSING QUALITY STAND- ing to any individual provided family vio- mission. A summary of such comments or ARDS.—The Secretary shall establish housing lence prevention or treatment services views shall be attached when an application quality standards under this paragraph that through any activities assisted with grant or amendment to an application is submit- ensure that permanent housing, dwelling amounts; and ted. The submitted application or amend- units, supportive housing facilities, and ‘‘(B) that the address or location of any ment shall be made available to the public. emergency shelters assisted under this title family violence shelter facility assisted with ‘‘(5) AUTHORITY OF SECRETARY.—The Sec- are safe, clean, and healthy. Such standards grant amounts will not be made public, ex- retary shall establish procedures appropriate shall include requirements relating to habit- cept with written authorization of the per- and practicable for providing a fair hearing ability, including maintenance, health and son or persons responsible for the operation and timely resolution of citizen complaints sanitation factors, condition, and construc- of such facility; related to applications under this subtitle. tion of dwellings. The Secretary shall dif- ‘‘(6) to the maximum extent practicable, to ‘‘(6) HOMELESS INDIVIDUALS.—The Sec- ferentiate between major and minor viola- involve homeless persons and families, retary shall, by regulation, require each tions of such standards and may establish through employment, volunteer services, or grantee to ensure that each project sponsor separate standards for permanent housing, otherwise, in carrying out eligible activities assisted by the grantee provides for the par- dwelling units, supportive housing facilities, assisted with grant amounts; and ticipation of not less than 1 homeless person and emergency shelters. ‘‘(7) to comply with such other terms and or former homeless person on the board of di- ‘‘(i) TERMINATION OF ASSISTANCE.—If a per- conditions as the Secretary may establish to rectors or other equivalent policymaking en- son or family (not including residents of an carry out this title in an effective and effi- tity of the project sponsor, to the extent emergency shelter) who receives assistance cient manner. that such sponsor considers and makes poli- under this title violates program require- ‘‘(c) OCCUPANCY CHARGE.—Any homeless cies and decisions regarding any activity, fa- ments, the project sponsor may terminate person or family residing in a dwelling unit cility, supportive services, or assistance pro- assistance in accordance with a formal proc- assisted under this title may be required to vided with grant amounts under this title. ess established by such sponsor that recog- pay an occupancy charge in an amount de- The Secretary shall provide that a grantee nizes the rights of individuals receiving such termined by the grantee providing the assist- may grant waivers to project sponsors un- assistance to due process of law, which may ance, which may not exceed an amount equal able to meet the requirement under the pre- include a hearing. to 30 percent of the adjusted income (as such ceding sentence if the sponsor agrees to oth- ‘‘(j) USE RESTRICTIONS.— term is defined in section 3(b) of the United erwise consult with homeless or formerly ‘‘(1) ACQUISITION, REHABILITATION, AND NEW States Housing Act of 1937 or any other sub- homeless persons in considering and making CONSTRUCTION.— sequent provision of Federal law defining such policies and decisions. such term for purposes of eligibility for, or ‘‘(A) IN GENERAL.—Except as provided in ‘‘(f) LIMITATION ON USE OF FUNDS.—No rental charges in, public housing) of the per- subparagraph (B), each housing facility as- grant amounts received under this title (or son or family. Occupancy charges paid may sisted under subtitle B or subtitle C shall be any funds provided under section 407 or oth- be reserved, in whole or in part, to assist operated as housing for the purpose specified erwise to supplement such grants) may be residents in moving to permanent housing. in the application for assistance with used to replace other State or local funds ‘‘(d) FLOOD PROTECTION STANDARDS.—Flood amounts under this title for not less than 20 protection standards applicable to housing previously used, or designated for use, to as- years after such facility is initially placed in acquired, rehabilitated, constructed, or assist homeless persons. service pursuant to such assistance. sisted with grant amounts provided under ‘‘(g) LIMITATION ON ADMINISTRATIVE EX- ‘‘(B) EXCEPTIONS.— this title shall be no more restrictive than PENSES.—Notwithstanding any other provi- ‘‘(i) INABILITY TO OPERATE FACILITY.—If, the standards applicable under Executive sion of this title, of any grant amounts under within such 20-year period, the need for Order No. 11988 (42 U.S.C. 4321 note; relating this title used to carry out eligible activi- maintaining the facility as housing for the to floodplain management) to the other pro- ties, the grantee or the project sponsor may purpose specified in the application for as- grams in effect under this title immediately use for administrative purposes— sistance ceases to exist (as determined by before the enactment of the Homeless Hous- ‘‘(1) an amount not exceeding 5 percent of the Secretary pursuant to a recommendation ing Programs Consolidation and Flexibility such grant amount; or by the chief executive officer of the appro- Act. ‘‘(2) if the grantee implements use of a priate unit of general local government or ‘‘(e) PARTICIPATION OF CITIZENS AND OTH- standardized homeless database management project sponsor, taking into consideration ERS. system to record and assess data on the the comprehensive housing affordability ‘‘(1) IN GENERAL.—Each grantee shall— usage of homeless housing, services, and cli- strategy of the jurisdiction), or the project ‘‘(A) each fiscal year, make available to its ent needs, and on the number of and other sponsor is unable to operate the facility as citizens, public agencies, and other inter- information related to populations with spe- supportive housing, the facility may be used ested parties information concerning the cial needs, an amount not exceeding 7.5 per- as affordable housing (in accordance with amount of assistance the jurisdiction expects cent of such grant amount. section 215 of the Cranston-Gonzalez Na- to receive and the range of activities that ‘‘(h) HOUSING QUALITY.— tional Affordable Housing Act). may be undertaken with the assistance; ‘‘(1) REQUIREMENT.—Assistance may not be ‘‘(ii) APPLICABILITY OF OTHER PROGRAM RE- ‘‘(B) publish the proposed application in a provided with grant amounts made available STRICTION.—If the housing facility receives manner that, in the determination of the for use under this title for any permanent assistance under any other Federal program Secretary, affords affected citizens, public housing development, dwelling unit, support- (including assistance under section 42 of the agencies, and other interested parties a rea- ive housing facility, or emergency shelter Internal Revenue Code of 1986) for low-in- sonable opportunity to examine its content that fails to comply with the housing quality come families, homeless persons, or any and to submit comments on it; standards applicable under paragraph (2) in other use consistent with assistance under ‘‘(C) each fiscal year, hold one or more pub- the jurisdiction in which the housing is lo- this title, and the use restriction under such lic hearings to obtain the views of citizens, cated, unless the deficiency is promptly cor- program is less than 20 years, the restriction public agencies, and other interested parties rected and the project sponsor verifies the under such program shall apply. on the housing needs of the jurisdiction; and correction. ‘‘(2) OTHER ASSISTANCE.—Each housing fa- ‘‘(D) provide citizens, public agencies, and ‘‘(2) APPLICABLE STANDARDS.—The housing cility assisted under subtitle C shall be oper- other interested parties with reasonable ac- quality standards applicable under this sub- ated for the purposes specified in the appli- cess to records regarding any uses of any as- section to any permanent housing, dwelling cation for assistance with amounts under H708 CONGRESSIONAL RECORD — HOUSE March 3, 1998 this title for the duration of the period cov- varying needs of homeless persons, including ‘‘(C) food assistance for homeless persons ered by the grant. veterans, the mentally ill, families with chil- and families through the food programs ‘‘(3) CONVERSION.—Notwithstanding para- dren, young persons, battered spouses, vic- under the Food Stamp Act of 1977 and the graphs (1) and (2), if the Secretary deter- tims of substance abuse, and persons with Emergency Food Assistance Act of 1983; mines that a housing facility is no longer AIDS, shall be given preference when select- ‘‘(D) the job training, housing, and medical needed for use as housing for the purposes ing local board members. programs for homeless veterans of the De- specified in the application for assistance ‘‘(C) COMMUNITY SUPPORT CONSIDERED.—In partment of Veterans Affairs; and approves the use of the facility for the appointing members to the local board, the ‘‘(E) the job corps centers for homeless direct benefit of low-income persons pursu- chief executive of each grantee shall con- families program under section 433A of the ant to a request for such use by the project sider the extent of support for the nominee Job Training Partnership Act; sponsor, the Secretary may authorize the in the community which the board shall ‘‘(F) the program for preventive services sponsor to convert the facility to such use. serve. for children of homeless families or families ‘‘(k) REPAYMENT OF ASSISTANCE AND PRE- ‘‘(D) MAJORITY.—Not less than 51 percent at risk of homelessness under title III of the VENTION OF UNDUE BENEFITS.— of the members of a local board shall be com- Child Abuse Prevention and Treatment Act; ‘‘(1) REPAYMENT.—If a facility assisted posed of— ‘‘(G) the programs under the Runaway and under subtitle B or subtitle C violates the re- ‘‘(i) homeless or formerly homeless per- Homeless Youth Act; and quirement under subsection (j)(1)(A) or sons; ‘‘(H) assistance for homeless persons, in- (j)(1)(B)(ii) of this section during the 10-year ‘‘(ii) persons who act as advocates for cluding homeless veterans, and families period beginning upon placement of the fa- homeless persons; and under State programs funded under supple- cility in service pursuant to such assistance, ‘‘(iii) persons who provide assistance to mental security income programs under part the Secretary shall require the grantee to homeless persons, including representatives A of title IV or under title XVI of the Social repay to the Secretary 100 percent of any of local veterans organizations and veteran Security Act. grant amounts received for such facility service providers who assist homeless veter- ‘‘(5) COMPANION SERVICES BLOCK GRANTS IN under such paragraph. If such a facility vio- ans. CASES OF FAILURE TO COMPLY.— lates such requirement after such 10-year pe- ‘‘(E) OTHER LOCAL BOARD MEMBERS.—After riod, the Secretary shall require the grantee the requirements of subparagraph (D) are ‘‘(A) IN GENERAL.—If, for any fiscal year, to repay the percentage of any grant met, other members of a local board shall be the Chairperson of the Interagency Council amounts received for such facility that is chosen from— on the Homeless determines that adequate equal to 100 percent minus 10 percent for ‘‘(i) members of the business community of coordination has not taken place to ensure each year in excess of 10 that the facility is the jurisdiction receiving the grant; that assistance for federally funded activi- operated as supportive housing. ‘‘(ii) members of neighborhood advocates ties for the homeless is made available in ‘‘(2) PREVENTION OF UNDUE BENEFITS.—Ex- in the jurisdiction receiving the grant; and conjunction and coordination with assist- cept as provided in paragraph (3), upon any ‘‘(iii) government officials of the jurisdic- ance under this title (as required under para- sale or other disposition of a facility assisted tion receiving the grant. graph (2)), the Chairperson of the Inter- under subtitle B or C occurring before the ‘‘(3) WAIVER OF REQUIREMENTS FOR LOCAL agency Council on the Homeless and the Sec- expiration of the 20-year period beginning on BOARD.—The Secretary may waive the re- retary, in consultation with the Interagency the date that the facility is placed in service, quirements of this subsection if the jurisdic- Council on the Homeless, shall carry out a the project sponsor shall comply with such tion has an existing board that substantially program under subparagraph (B) to make terms and conditions as the Secretary may meets the requirements of this subsection. companion services block grants available prescribe to prevent the sponsor from unduly ‘‘(m) COORDINATION OF HOMELESS PRO- for such fiscal year. benefiting from such sale or disposition. GRAMS.— ‘‘(B) COMPANION SERVICE BLOCK GRANTS.— ‘‘(3) EXCEPTION.—Paragraphs (1) and (2) ‘‘(1) PURPOSE.—The purpose of the con- The block grant program under this subpara- shall not apply to any sale or disposition of sultation and coordination required under graph shall provide block grants, using a facility that results in the use of the facil- this subsection is to provide various services, amounts available pursuant to subparagraph ity for the direct benefit of very low-income activities, and assistance for homeless per- (C), to eligible grantees under this title to families if all of the proceeds are used to pro- sons and families in an efficient, effective, provide services of the type available under vide housing meeting the requirements of and targeted manner designed to meet the the programs referred to in paragraph (4) in subtitle B or C. comprehensive needs of the homeless. connection with housing assistance under ‘‘(4) FAILURE TO OBTAIN SITE.—If a grantee ‘‘(2) IN GENERAL.—The Chairperson of the this title. of assistance made available for use under Interagency Council on the Homeless shall ‘‘(C) FUNDING.— this title obligates assistance for a housing consult and coordinate with the Secretary of ‘‘(i) IN GENERAL.—Notwithstanding any facility other than a facility under section Housing and Urban Development, the Sec- other provision of law, in any fiscal year in 421(a)(3) or housing that will eventually be retary of Health and Human Services, the which block grants are to be provided in ac- owned or controlled by the families and indi- Secretary of Labor, the Secretary of Edu- cordance with subparagraph (A), there shall viduals served, and the project sponsor fails cation, the Secretary of Veterans Affairs, be available for such block grants, of the to obtain ownership or control of a suitable and the Secretary of Agriculture and shall amount made available for such fiscal year site for a proposed supportive housing facil- ensure that assistance for federally funded for each activity referred to in paragraph (4), ity during the 12-month period beginning activities for the homeless is made available, 10 percent of such amount, as determined by upon the notification of an award of grant to the greatest extent practicable, in con- the Secretary and the Interagency Council assistance, the grantee shall recapture the junction and coordination with assistance on the Homeless. assistance and make such assistance avail- for other federally funded activities for the ‘‘(ii) LIMITATION.—Notwithstanding clause able under this subtitle. homeless and with assistance under this (i), the aggregate amount available for com- ‘‘(l) LOCAL BOARDS.— title. panion services block grants under this para- ‘‘(1) ESTABLISHMENT AND FUNCTION.—The ‘‘(3) REQUIREMENTS FOR HOUSING ASSIST- graph for a fiscal year shall not exceed the head of the executive branch of government ANCE.—The Secretary shall establish such re- total amount made available pursuant to of each grantee shall establish and appoint quirements as the Secretary considers nec- section 435 for housing assistance under this members to a local board, which shall assist essary to ensure that grant amounts pro- title. If, for any fiscal year, the amount de- the jurisdiction in— vided under this title are used by grantees termined under clause (i) exceeds such ‘‘(A) determining whether the grant should and project sponsors, to the greatest extent amount, the Secretary shall reduce the per- be administered by the jurisdiction, a public practicable, in coordination and in conjunc- centage under clause (i) for such year so that agency, a private nonprofit organization, the tion with federally funded activities for the the aggregate amount made available for State, or the Secretary; homeless. companion services block grants under this ‘‘(B) developing the application under sec- ‘‘(4) DEFINITION.—For purposes of this subparagraph from the amounts for each activ- tion 408; section, the term ‘federally funded activities ity referred to in paragraph (4) is equal to ‘‘(C) overseeing the activities carried out for the homeless’ means activities to assist the total amount made available pursuant to with assistance under this title; and homeless persons, including homeless veter- section 435 for housing assistance under this ‘‘(D) preparing the performance report ans, or homeless families that are funded (in title. under section 431. whole or in part) with amounts provided by ‘‘(D) TRANSFER AUTHORITY.—Except to the ‘‘(2) COMPOSITION OF LOCAL BOARDS.— the Federal Government (other than extent that the authority of the Secretary ‘‘(A) NOMINATION.—Members of a local amounts provided under this title) and in- and the Chairperson of the Interagency board appointed to meet the requirements of cludes— Council on the Homeless is limited by appro- subparagraph (D) shall be nominated by per- ‘‘(A) the programs for health care under priations, and with the concurrence of the sons, other than governmental officials or sections 340 and part C of title V of the Pub- head of the affected agency and upon ad- entities, that represent the groups listed in lic Health Service Act; vance approval of the Committees on Appro- subparagraph (D). ‘‘(B) the programs for education, training priations and the authorizing committees of ‘‘(B) PRIORITY.—Persons who will improve and community services under title VII of the House of Representatives and the Senate, access to a broad range of services for home- the Stewart B. McKinney Homeless Assist- the Secretary and the Chairperson of the less persons and who are sensitive to the ance Act; Interagency Council on the Homeless shall March 3, 1998 CONGRESSIONAL RECORD — HOUSE H709 transfer funds made available under subpara- this title may be provided directly by the the project sponsor providing such assistance graph (C) to the companion services block grantee, by the project sponsor administer- for costs of administering such assistance. grant for federally funded activities, func- ing the permanent housing development as- ‘‘(d) TARGETING POPULATIONS WITH SPECIAL tions, or programs for the homeless. sistance or the facility or shelter, or by con- NEEDS.—To the maximum extent prac- ‘‘(E) REPORT.—Not later than the first tract with other public or private service ticable, a grantee shall provide for use of quarter of the first full fiscal year after the providers. Such services provided in connec- grant amounts made available under this date of the enactment of the Homeless Hous- tion with a supportive housing facility may subtitle in a manner that provides perma- ing Programs Consolidation and Flexibility be provided to homeless persons who do not nent housing for homeless persons with dis- Act and each quarter thereafter, the Sec- reside in the supportive housing, but only to abilities, homeless persons with acquired im- retary and the Chairperson of the Inter- the extent consistent with the comprehen- munodeficiency syndrome or related dis- agency Council on the Homeless shall report sive housing affordability strategy under eases, homeless persons who have chronic to Congress on— section 105 of the Cranston-Gonzalez Na- problems with alcohol or drugs (or both), ‘‘(i) the need for any reprogramming or tional Affordable Housing Act for the appli- homeless families with children, and veter- transfer of funds appropriated for federally cable jurisdiction. ans who are homeless. funded activities, functions, or programs for ‘‘SEC. 410. NONDISCRIMINATION IN PROGRAMS ‘‘SEC. 412. PERMANENT HOUSING DEVELOPMENT. the homeless; and AND ACTIVITIES. ‘‘(a) IN GENERAL.—Housing shall be consid- ‘‘(ii) any funds appropriated for federally ‘‘No person in the United States shall on ered permanent housing for purposes of this funded activities, functions, or programs for the basis of race, color, national origin, reli- title if the housing— the homeless that were reprogrammed or gion, or sex be excluded from participation ‘‘(1) provides long-term housing for home- transferred during the quarter covered by in, be denied the benefits of, or be subjected less persons; the report. to discrimination under any program or ac- ‘‘(2) complies with any applicable State ‘‘(n) CONSULTATION REGARDING USE OF NA- tivity funded in whole or in part with funds and local housing codes, licensing require- TIONAL GUARD FACILITIES AS HOMELESS SHEL- made available under this subtitle. Any pro- ments, or other requirement in the jurisdic- TERS.—The Secretary may not provide a hibition against discrimination on the basis grant for a fiscal year from amounts for such tion in which the housing is located, includ- of age under the Age Discrimination Act of ing any applicable State or local require- year allocated under section 406(c) for use 1975 or with respect to an otherwise qualified under subtitle C for a State unless the State ments regarding the number of occupants in handicapped individual, as provided in sec- such a facility; and has consulted with the Secretary regarding tion 504 of the Rehabilitation Act of 1973, the possibility of making any space at Na- ‘‘(3) complies with the requirement under shall also apply to any such program or ac- section 409(a) regarding providing supportive tional Guard facilities under the jurisdiction tivity. of the State available, during such fiscal services for homeless persons. ‘‘Subtitle B—Permanent Housing year, for use by homeless organizations to ‘‘(b) CLARIFICATION.—Permanent housing Development Activities provide shelter to homeless persons, but only may— at the times that such space is not actively ‘‘SEC. 411. USE OF AMOUNTS AND GENERAL RE- ‘‘(1) be restricted for occupancy by home- being used for National Guard purposes or QUIREMENTS. less persons with disabilities; other public purposes already undertaken. ‘‘(a) USE OF AMOUNTS FOR PERMANENT ‘‘(2) consist of or contain full dwelling HOUSING DEVELOPMENT.— ‘‘SEC. 409. SUPPORTIVE SERVICES. units or dwelling units that do not contain ‘‘(1) AUTHORIZED USE.—A State, metropoli- ‘‘(a) REQUIREMENT.—To the extent allowed bathrooms or kitchen facilities; and by this title, each project sponsor admin- tan city, or urban county that receives a ‘‘(3) be provided in the form of rental hous- istering permanent housing development as- grant under section 402(b)(2) from amounts ing, cooperative housing, shared living ar- sistance provided with amounts under this allocated for use under this subtitle may use rangements, single family housing, or other title or a supportive housing facility or grant amounts (and any supplemental types of housing arrangements. amounts provided under section 407) only to emergency shelter assisted with such ‘‘Subtitle C—Flexible Block Grant Homeless carry out permanent housing development amounts shall provide supportive services for Assistance residents of the dwelling units or facility or activities within such State, metropolitan ‘‘SEC. 421. ELIGIBLE ACTIVITIES. shelter assisted. The array of supportive city, or urban county. For purposes of this services provided may be designed by the subtitle, the term ‘permanent housing devel- ‘‘(a) IN GENERAL.—Grant amounts allo- grantee or the project sponsor administering opment activities’ means activities to con- cated for use under this subtitle may be used the assistance, facility, or shelter. A project struct, substantially rehabilitate, or acquire only for carrying out the following activi- sponsor administering a supportive housing structures to provide permanent housing, in- ties: facility shall provide supportive services for cluding the capitalization of a dedicated ‘‘(1) ACQUISITION AND REHABILITATION OF other homeless persons using the facility. project account from which long-term assist- SUPPORTIVE HOUSING.—For acquisition or re- ‘‘(b) TARGETING POPULATIONS WITH SPECIAL ance payments (which may include operating habilitation of an existing structure (includ- NEEDS.—Supportive services provided with costs or rental assistance) can be made in ing a small commercial property or office grant amounts under this title shall address order to facilitate such activities, and activi- space) to provide supportive housing other the special needs of homeless persons (such ties under section 441 of the this Act, as in than emergency shelter or to provide sup- as homeless persons with disabilities, home- effect on October 31, 1997 (subject to the limi- portive services; the repayment of any out- less persons with acquired immunodeficiency tation in section 406(b)(3) of this Act). standing debt owed on a loan made to pur- syndrome and related diseases, homeless per- ‘‘(2) USE FOR SUPPORTIVE SERVICES PROHIB- chase an existing structure for use as sup- sons who have chronic problems with alcohol ITED.—Amounts allocated for use under this portive housing shall be considered to be a or drugs (or both), veterans who are home- subtitle may not be used for supportive serv- cost of acquisition under this paragraph if less, and homeless families with children) in- ices activities. the structure was not used as supportive tended to be served. ‘‘(b) USE THROUGH NONPROFIT ORGANIZA- housing or to provide supportive services, be- ‘‘(c) SERVICES.—Supportive services may TIONS.— fore assistance is provided using grant include activities such as— ‘‘(1) IN GENERAL.—A grantee that receives amounts. ‘‘(1) establishing and operating a child care grant amounts for a fiscal year for use under ‘‘(2) NEW CONSTRUCTION OF SUPPORTIVE services program for homeless families; this subtitle may, pursuant to section 404, HOUSING.—For new construction of a struc- ‘‘(2) establishing and operating an employ- provide such amounts to units of general ture to be used as supportive housing. ment assistance program; local government and private nonprofit orga- ‘‘(3) LEASING OF SUPPORTIVE HOUSING.—For ‘‘(3) providing outpatient health services, nizations for use in accordance with this sub- leasing of an existing structure or struc- food, and case management; title, except that the grantee shall ensure tures, or portions thereof, to provide sup- ‘‘(4) providing assistance in obtaining per- that more than 50 percent of the amounts re- portive housing or supportive services during manent housing, employment counseling, ceived by the grantee for the fiscal year are the period covered by the application. and nutritional counseling; used through private nonprofit organiza- ‘‘(4) OPERATING COSTS FOR SUPPORTIVE ‘‘(5) providing security arrangements nec- tions. HOUSING.—For covering operating costs of essary for the protection of residents of sup- ‘‘(2) WAIVER OF USE OF NONPROFIT REQUIRE- supportive housing (which shall include cap- portive housing or emergency shelters and MENT.—The Secretary may waive the re- ital costs for utilizing any interactive com- for homeless persons using supportive hous- quirement under paragraph (1) that a grant- puter or telephone services and other elec- ing facilities; ee ensure that more than 50 percent of the tronic information networks and systems ap- ‘‘(6) providing assistance in obtaining amounts received by the grantee for the fis- propriate for assisting homeless families); other Federal, State, and local assistance cal year are used through private nonprofit except that grant amounts provided under available for such residents and persons (in- organizations if the Secretary determines this subtitle may not be used to cover more cluding mental health benefits, employment that there are not sufficient private non- than 75 percent of the annual operating costs counseling, and medical assistance, but not profit organizations available to the grantee of such housing. including major medical equipment); and to meet that requirement. ‘‘(5) HOMELESSNESS PREVENTION.— ‘‘(7) providing other appropriate services. ‘‘(c) ADMINISTRATIVE FEE.—To the extent ‘‘(A) IN GENERAL.—For activities designed ‘‘(d) PROVISION OF SERVICES.—Supportive provided in section 408(g), grant amounts to help persons (including veterans who are services provided with grant amounts under provided under this subtitle may be used by at risk of becoming homeless) and families H710 CONGRESSIONAL RECORD — HOUSE March 3, 1998 avoid becoming homeless, which shall in- ‘‘SEC. 423. SUPPORTIVE HOUSING. ‘‘(2) the project sponsor agrees that it clude assistance for making mortgage pay- ‘‘(a) IN GENERAL.—Housing shall be consid- will— ments, rental payments, and utility pay- ered supportive housing for purposes of this ‘‘(A) in the case of assistance involving ments and any activities other than those subtitle if— major rehabilitation or conversion of a found by the Secretary to be inconsistent ‘‘(1) the housing complies with the require- building, maintain the building as a shelter with the purposes of this Act. ment under section 409(a) regarding provid- for homeless persons and families for not less ‘‘(B) PERSONS ELIGIBLE FOR ASSISTANCE.— ing supportive services for homeless persons; than a 10-year period unless, within such 10- Assistance under this paragraph may be pro- ‘‘(2) the housing complies with any applica- year period, the need for maintaining the vided only to very low-income families who ble State and local housing codes and licens- building as a full-time shelter ceases to exist have received eviction (or mortgage delin- ing requirements in the jurisdiction in which and the building is used for the remainder of quency or foreclosure) notices or notices of the housing is located; and such period to carry out other eligible activi- termination of utility services and who— ‘‘(3) the housing— ties under this subtitle; ‘‘(i) are unable to make the required pay- ‘‘(A) is transitional housing; or ‘‘(B) in the case of assistance involving re- ments due to a sudden reduction in income; ‘‘(B) is permanent supportive housing as habilitation (other than major rehabilitation ‘‘(ii) need such assistance to avoid home- described in section 412. or conversion of a building), maintain the lessness due to the eviction or termination ‘‘(b) TRANSITIONAL HOUSING.—For purposes building as a shelter for homeless persons of services; and of this section, the term ‘transitional hous- and families for not less than a 3-year period; ‘‘(iii) have a reasonable prospect of being ing’ means housing, the purpose of which is ‘‘(C) in the case of assistance involving able to resume payments within a reasonable to facilitate the movement of homeless per- only activities described in subparagraphs period of time. sons and families to permanent housing (B) and (C) of section 421(a)(7), provide serv- ‘‘(C) LIMITATION.—Assistance under this within 24 months or such longer period as ices or shelter to homeless persons and fami- paragraph may be provided only if such as- the Secretary determines necessary. Assist- lies at the original site or structure or other sistance will not supplant funding for pre- ance may be denied for housing based on a sites or structures serving the same general existing homelessness prevention activities violation of this subsection only if a substan- population for the period during which such from other services. tial number of homeless persons or families assistance is provided; ‘‘(6) PERMANENT HOUSING DEVELOPMENT AC- have remained in the housing longer than ‘‘(D) comply with the standards of housing TIVITIES.—For providing permanent housing such period. quality applicable under section 408(h); and development activities as described in sub- ‘‘(c) SINGLE ROOM OCCUPANCY DWELLINGS.— ‘‘(E) assist homeless persons in obtaining— title B. For purposes of this section, a facility may ‘‘(i) appropriate supportive services, per- ‘‘(7) EMERGENCY SHELTER.—For— provide supportive housing or supportive manent housing, medical and mental health ‘‘(A) renovation, major rehabilitation, or services in dwelling units that do not con- treatment (including information and coun- conversion of a building or buildings to be tain bathrooms or kitchen facilities and are seling regarding the benefits and availability used as emergency shelters; appropriate for use as supportive housing or of child immunization), counseling, super- ‘‘(B) covering costs of supportive services in facilities containing some or all such vision, veterans benefits, and other services in connection with an emergency shelter, if dwelling units. essential for achieving independent living; such services do not supplant any services ‘‘(d) SAFE HAVEN HOUSING.—For purposes and provided by the local government during any of this section, supportive housing may be a ‘‘(ii) other Federal, State, local, and pri- part of the 12-month period ending on the structure or a clearly identifiable portion of vate assistance available for homeless per- date of the commencement of the operation a structure that— sons. of the emergency shelter; and ‘‘(1) provides housing and low-demand serv- ‘‘Subtitle D—Reporting, Definitions, and ‘‘(C) covering costs relating to mainte- ices and referrals for homeless persons with Funding nance, operation, insurance, utilities, and serious mental illness— ‘‘SEC. 431. PERFORMANCE REPORTS BY GRANT- furnishings for emergency shelters. ‘‘(A) who are currently residing primarily EES. ‘‘(8) SUPPORTIVE SERVICES.—To the extent in places not designed for, or ordinarily used ‘‘(a) REQUIREMENT.—For each fiscal year, provided in section 406, for covering costs of as, regular sleeping accommodations for each grantee under this title shall review supportive services provided to homeless per- human beings; and and report, in a form acceptable to the Sec- sons in connection with a permanent or sup- ‘‘(B) who have been unwilling or unable to retary, on the progress it has made during portive housing facility or otherwise. participate in mental health or substance such fiscal year in carrying out the activi- ‘‘(9) TECHNICAL ASSISTANCE.—For technical abuse treatment programs or to receive ties described in the application resulting in assistance in carrying out the purposes of other supportive services; except that a per- such grant and the relationship of such ac- this title, except that the Secretary may son whose sole impairment is substance tivities to the comprehensive housing afford- provide such technical assistance directly to abuse shall not be considered an eligible per- ability strategy under section 105 of the any grantee, including nonprofit sponsors son; Cranston-Gonzalez National Affordable who are proposing project applications for ‘‘(2) provides 24-hour residence for eligible Housing Act for the applicable jurisdiction. populations with special needs. individuals who may reside for an unspec- ‘‘(b) CONTENT.—Each report under this sec- ified duration; ‘‘(b) USE FOR HOUSING ACTIVITIES.—Of the tion for a fiscal year shall— aggregate of any grant amounts provided to ‘‘(3) provides private or semi-private ac- ‘‘(1) describe the use of grant amounts pro- commodations; a grantee for a fiscal year for use under this vided to the grantee for such fiscal year; ‘‘(4) may provide for the common use of subtitle and the supplemental amounts pro- ‘‘(2) to the extent practicable until the de- kitchen facilities, dining rooms, and bath- vided for such fiscal year by the grantee in velopment of a reasonable methodology by rooms; accordance with section 407, the grantee the Secretary and the Interagency Council ‘‘(5) may provide supportive services to eli- shall ensure that an amount that is not less on the Homeless, describe the number of gible persons who are not residents on a homeless persons and families, including than such grant amounts (less any amount drop-in basis; and used pursuant to section 408(g)) is used for populations with special needs provided shel- ‘‘(6) provides occupancy limited to no more ter, housing, or assistance using such grant eligible activities described in paragraphs (1) than 25 persons. through (6) of subsection (a). amounts; ‘‘SEC. 424. EMERGENCY SHELTER. ‘‘(3) assess the relationship of such use to ‘‘SEC. 422. USE OF AMOUNTS THROUGH PRIVATE ‘‘(a) IN GENERAL.—A facility shall be con- the goals identified pursuant to section NONPROFIT PROVIDERS. sidered emergency shelter for purposes of 105(b)(2) of the Cranston-Gonzalez National ‘‘(a) IN GENERAL.—In each fiscal year, each this subtitle if the facility is designed to pro- Affordable Housing Act in the comprehensive grantee of amounts for use under this sub- vide overnight sleeping accommodations for housing affordability strategy for the appli- title shall ensure that more than 50 percent homeless persons and complies with the re- cable jurisdiction; of the amounts received by the grantee for quirements under this section. An emer- ‘‘(4) indicate the grantee’s programmatic such fiscal year are used for carrying out eli- gency shelter may include appropriate eat- accomplishments; ing and cooking accommodations. gible activities under section 421 through ‘‘(5) describe how the grantee would change ‘‘(b) REQUIREMENTS.—Grant amounts under project sponsors that are private nonprofit its programs as a result of its experiences; this subtitle may be used for eligible activi- and organizations. ties under section 421(a)(7) relating to emer- ‘‘(6) describe any delays that occurred in ‘‘(b) WAIVER.—The Secretary may waive gency shelter only if— the start up of programs and the reason for the requirement under subsection (a) that a ‘‘(1) the Secretary determines that— each delay. grantee ensure that more than 50 percent of ‘‘(A) use of such amounts is necessary to ‘‘(c) SUBMISSION.—The Secretary shall es- the amounts received by the grantee for the meet the emergency shelter needs of the ju- tablish dates for submission of reports under fiscal year are used through private non- risdiction in which the facility is located; this section and review such reports and profit organizations if the Secretary deter- and make such recommendations as the Sec- mines that there are not sufficient private ‘‘(B) the use of such amounts for such ac- retary considers appropriate to carry out the nonprofit organizations available to the tivities will not violate the prohibition purposes of this title. The Secretary may grantee to meet that requirement. under section 408(f); and withhold or reallocate funds granted to a March 3, 1998 CONGRESSIONAL RECORD — HOUSE H711

grantee if the Secretary finds that the grant- ‘‘(i)(I) is comprised of units of general local ‘‘(13) SECRETARY.—The term ‘Secretary’ ee has complied with applicable program re- government which are geographically con- means the Secretary of Housing and Urban quirements, but not substantially complied tiguous (which may include all units of gen- Development. with the application that the grantee sub- eral local government within a State); ‘‘(14) STATE.—The term ‘State’ means each mitted to obtain such funds. ‘‘(II) has sufficient authority and adminis- of the several States and the Commonwealth ‘‘(d) PUBLIC AVAILABILITY.— trative capability to carry out the purposes of Puerto Rico. ‘‘(1) IN GENERAL.—A grantee preparing a re- of this title on behalf of its member jurisdic- ‘‘(15) SUPPORTIVE HOUSING.—The term ‘support under this section shall make the report tions; and portive housing’ means a facility that meets publicly available to the citizens in the ju- ‘‘(III) will, according to a written certifi- the requirements of section 423. risdiction of the grantee in sufficient time to cation by the State (or States, if the consor- ‘‘(16) SUPPORTIVE SERVICES.—The term permit such citizens to comment on such re- tium includes jurisdictions in more than one ‘supportive services’ means services under port prior to its submission to the Secretary, State) in which its member jurisdictions are section 409. and in such manner and at such times as the located, direct its activities to alleviation of ‘‘(17) URBAN COUNTY, UNIT OF GENERAL grantee may determine. The report shall in- homelessness problems within the State (or LOCAL GOVERNMENT.—The terms ‘urban coun- clude a summary of any such comments re- States); or ty’ and ‘unit of general local government’ ceived by the grantee regarding its program. ‘‘(ii) received a formula grant for fiscal have the meanings given the terms in sec- ‘‘(2) ELECTRONIC ACCESS.—A grantee may year 1996 or 1997 under subtitle B of this tion 102 of the Housing and Community De- comply with the requirement under para- title, as then in effect. velopment Act of 1974. graph (1) by making the report available ‘‘(7) NONENTITLEMENT AREA.—The term ‘‘(18) VERY LOW-INCOME FAMILIES.—The through interactive computer or telephone ‘nonentitlement area’ means an area that is term ‘very low-income families’ has the services or other electronic information net- not a metropolitan city or part of an urban same meaning given the term under section works and systems appropriate for making county and does not include Indian tribes or 3(b) of the United States Housing Act of 1937 such information widely publicly available. insular areas. (or any other subsequent provision of Fed- The Secretary shall make each final report ‘‘(8) OPERATING COSTS.—The term ‘operat- eral law defining such term for purposes of submitted under this section publicly avail- ing costs’ means expenses incurred by a eligibility for, or rental charges in, public able through such a computer, telephone, or grantee operating supportive housing as- housing). information service, network, or system. sisted with grant amounts under this title, ‘‘SEC. 434. REGULATIONS. ‘‘(e) AUTHORITY OF SECRETARY.—The Sec- with respect to— ‘‘(a) ISSUANCE.—Not later than the expira- retary shall establish procedures appropriate ‘‘(A) the administration, maintenance, re- tion of the 30-day period beginning upon the and practicable for providing a fair hearing pair, and security of such housing; date of the enactment of the Homeless Hous- and timely resolution of citizen complaints ‘‘(B) utilities, fuel, furnishings, and equip- ing Programs Consolidation and Flexibility related to performance reports under this ment for such housing; and Act, the Secretary shall issue interim regu- section. ‘‘(C) the conducting of the assessment lations to carry out this title. The Secretary ‘‘SEC. 432. ANNUAL REPORT BY SECRETARY. under section 408(b)(2). shall issue final regulations to carry out this ‘‘The Secretary shall include in the annual ‘‘(9) OUTPATIENT HEALTH SERVICES.—The title after notice and opportunity for public report, under section 8 of the Department of term ‘outpatient health services’ means out- comment regarding the interim regulations Housing and Urban Development Act, infor- patient health care, outpatient mental in accordance with the procedure under sec- mation summarizing the activities carried health services, outpatient substance abuse tion 553 of title 5, United States Code, appli- out under this title and setting forth the services, and case management. cable to substantive rules (notwithstanding findings, conclusions, and recommendations ‘‘(10) PERSON WITH DISABILITIES.—The term subsections (a)(2), (b)(B), and (d)(3) of such of the Secretary as a result of the activities. ‘person with disabilities’ means a person section), but not later than the expiration of Such information shall be made publicly who— the 90-day period beginning upon the date of available through interactive computer or ‘‘(A) has a disability as defined in section the enactment of the Homeless Housing Pro- telephone services or other electronic infor- 223 of the Social Security Act; grams Consolidation and Flexibility Act. mation networks and systems appropriate ‘‘(B) is determined to have, pursuant to ‘‘(b) RULE OF CONSTRUCTION.—Any failure for making such information widely avail- regulations issued by the Secretary, a phys- by the Secretary to issue any regulations able to the public. ical, mental, or emotional impairment which under this section shall not affect the effectiveness of any provision of this title pursu- ‘‘SEC. 433. DEFINITIONS. (i) is expected to be of long-continued and in- ant to section 4(b) of the Homeless Housing ‘‘For purposes of this title, the following definite duration, (ii) substantially impedes Programs Consolidation and Flexibility Act. definitions shall apply: an individual’s ability to live independently, ‘‘SEC. 435. AUTHORIZATION OF APPROPRIATIONS. ‘‘(1) APPLICANT.—The term ‘applicant’ and (iii) is of such a nature that such ability ‘‘(a) IN GENERAL.—There are authorized to means an eligible grantee that submits an could be improved by more suitable housing be appropriated for grants under this title application under section 408(a) for a grant conditions; or $1,000,000,000 for each of fiscal years 1998, under this title. ‘‘(C) has a developmental disability as defined in section 102 of the Developmental 1999, 2000, 2001, and 2002. ‘‘(2) ELIGIBLE GRANTEE.—The term ‘eligible ‘‘(b) PROHIBITION ON SET ASIDES.—Notwith- grantee’ is defined in section 403. Disabilities Assistance and Bill of Rights Act. standing any other provision of law, any at- ‘‘(3) FACILITY.—The term ‘facility’ means a tempt to put any restriction on the use of structure or structures (or a portion of such Such term shall not exclude persons who funds appropriated for this title (such as for structure or structures) that are assisted have the disease of acquired immuno- use in special projects) shall be considered through eligible activities under subtitle C deficiency syndrome or any conditions aris- an appropriation without authorization and with grant amounts under this title (or for ing from the etiologic agent for acquired im- shall be without force or effect.’’. which the Secretary provides technical as- munodeficiency syndrome. (b) APPLICABILITY.—The provisions of the sistance under section 421(a)(9)). ‘‘(11) PRIVATE NONPROFIT ORGANIZATION.— amendment made by subsection (a) shall ‘‘(4) GRANTEE.—The term ‘grantee’ means The term ‘private nonprofit organization’ apply with respect to fiscal year 1998 and an applicant that receives a grant under this means any private organization that— each fiscal year thereafter. title. ‘‘(A) is organized under State or local laws; SEC. 6. INTERAGENCY COUNCIL ON THE HOME- ‘‘(5) INSULAR AREA.—The term ‘insular ‘‘(B) has no part of its net earnings inuring LESS. area’ means each of the Virgin Islands, to the benefit of any member, founder, con- (a) CHAIRPERSON AND VICE CHAIRPERSON.— Guam, American Samoa, the Northern Mari- tributor, or individual; Section 202(b) of the Stewart B. McKinney ana Islands, and any other territory or pos- ‘‘(C) complies with standards of financial Homeless Assistance Act (42 U.S.C. 11312(b) is session of the United States. accountability acceptable to the Secretary; amended to read as follows: ‘‘(6) METROPOLITAN CITY, CONSORTIUM.—The and ‘‘(b) CHAIRPERSON AND VICE CHAIRPERSON.— term ‘metropolitan city’ has the meaning ‘‘(D) has among its purposes significant ac- ‘‘(1) CHAIRPERSON.—The Council shall elect given that term in section 102 of the Housing tivities related to the provision of— a Chairperson from among its members, who and Community Development Act of 1974. A ‘‘(i) decent housing that is affordable to shall have a term of 2 years. A member of consortium of units of general local govern- low-income and moderate-income families; the Council by reason of any of paragraphs ments shall be considered to be a metropoli- or (1) through (16) of subsection (a) who serves tan city— ‘‘(ii) shelter, housing, or services for home- as Chairperson for a term may not be elected ‘‘(A) for amounts allocated in accordance less persons or families or for persons or to serve as Chairperson for the succeeding with section 406(c)(3), only if the consortium families at risk of becoming homeless. term. The preceding sentence shall not apply received a formula grant for fiscal year 1996 ‘‘(12) PROJECT SPONSOR.—The term ‘project to any member serving as Chairperson on the or 1997 under subtitle B of this title, as then sponsor’ means an entity that uses grant date of the enactment of the Homeless Hous- in effect; and amounts under this title to carry out a per- ing Programs Consolidation and Flexibility ‘‘(B) for amounts allocated in accordance manent housing development program under Act. with any formula developed pursuant to sec- subtitle B or eligible activities under sub- ‘‘(2) VICE CHAIRPERSON.—The Vice Chair- tion 406(c)(5), only if the Secretary deter- title C. The term includes a grantee carrying person of the Council shall have a term of 2 mines that the consortium— out such a program or activities. years and shall be— H712 CONGRESSIONAL RECORD — HOUSE March 3, 1998

‘‘(A) the Secretary of Housing and Urban (1) INNOVATIVE HOMELESS INITIATIVES DEM- ‘‘Sec. 402. Grant authority. Development, if such Secretary is not elect- ONSTRATION.—Section 2 of the HUD Dem- ‘‘Sec. 403. Eligible grantees. ed as the Chairperson of the Council; or onstration Act of 1993 (42 U.S.C. 11301 note). ‘‘Sec. 404. Use of project sponsors. ‘‘(B) elected by the Council from among its (2) FHA SINGLE FAMILY PROPERTY DISPOSI- ‘‘Sec. 405. Comprehensive housing afford- members, if the Secretary of Housing and TION FOR HOMELESS USE.—Section 1407 of the ability strategy compliance. Urban Development is elected as the Chair- Housing and Community Development Act of ‘‘Sec. 406. Allocation and availability of person of the Council. 1992 (Public Law 102–550; 106 Stat. 4034). amounts. ‘‘(3) Notwithstanding paragraphs (1) and (3) HOUSING FOR RURAL HOMELESS AND MI- ‘‘Sec. 407. Matching funds requirement. ‘‘Sec. 408. Program requirements. (2), the first Chairperson elected after the GRANT FARMWORKERS.—Subsection (k) of sec- ‘‘Sec. 409. Supportive services. date of the enactment of the Homeless Hous- tion 516 of the Housing Act of 1949 (42 U.S.C. ‘‘Sec. 410. Nondiscrimination in programs ing Programs Consolidation and Flexibility 1486(k)). and activities. Act may not be the Secretary of Housing and (b) TERMINATION OF SRO ASSISTANCE PRO- Urban Development.’’. GRAM.—Section 8(e)(2) of the United States ‘‘Subtitle B—Permanent Housing (b) AUTHORIZATION OF APPROPRIATIONS.— Housing Act of 1937 shall not be in effect on Development Activities Section 208 of the Stewart B. McKinney or after the date of the enactment of this ‘‘Sec. 411. Use of amounts and general re- Homeless Assistance Act (42 U.S.C. 11318) is Act as provided in subsections (a)(4) and quirements. amended to read as follows: (b)(2) of section 289 of the Cranston-Gonzalez ‘‘Sec. 412. Permanent housing development. ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. National Affordable Housing Act (42 U.S.C. ‘‘Subtitle C—Flexible Block Grant Homeless ‘‘Of any amounts made available in any fis- 12839). Assistance cal year to carry out this Act, 0.0012 of such (c) CONFORMING AMENDMENTS TO ‘‘Sec. 421. Eligible activities. amounts shall be available to carry out this YOUTHBUILD PROGRAM.—Title IV of the Cran- ‘‘Sec. 422. Use of amounts through private title.’’. ston-Gonzalez National Affordable Housing nonprofit providers. (c) TERMINATION.—Section 209 of the Stew- Act is amended— ‘‘Sec. 423. Supportive housing. art B. McKinney Homeless Assistance Act (42 (1) in section 455(b) (42 U.S.C. 12899d(b)) by ‘‘Sec. 424. Emergency shelter. U.S.C. 11319) is amended by striking ‘‘Octo- inserting ‘‘subtitle C of’’ before ‘‘title IV’’; ‘‘Subtitle D—Reporting, Definitions, and ber 1, 1994’’ and inserting ‘‘October 1, 2002’’. and Funding (2) in section 457(4) (42 U.S.C. 12899f(4)), by (d) REPEAL.—Section 210 of the Stewart B. ‘‘Sec. 431. Performance reports by grantees. striking ‘‘section 103’’ and inserting ‘‘section McKinney Homeless Assistance Act (42 ‘‘Sec. 432. Annual report by Secretary. U.S.C. 11320) is hereby repealed. 102’’. ‘‘Sec. 433. Definitions. (d) CLERICAL AMENDMENT.—The table of ‘‘Sec. 434. Regulations. SEC. 7. INVENTORY OF FEDERAL FACILITIES contents in section 101(b) of the Stewart B. SUITABLE FOR OVERNIGHT SHEL- ‘‘Sec. 435. Authorization of appropriations.’’. McKinney Homeless Assistance Act is TER FOR HOMELESS PERSONS. SEC. 9. SAVINGS PROVISION. amended by striking the items relating to ti- (a) IDENTIFICATION.—Not later than 30 days Nothing in this Act may be construed to tles I, II, III, and IV (including the items re- after the date of the enactment of this Act, affect the validity of any right, duty, or obli- lating to the subtitles, parts, and sections of the Secretary of Housing and Urban Develop- gation of the United States or other person such titles) and inserting the following new ment shall request, from the head of each ex- arising under or pursuant to any commit- items: ecutive agency, information that identifies ment or agreement entered into before the each covered facility (or any parts thereof) ‘‘TITLE I—GENERAL PROVISIONS date of the enactment of this Act under any under the control of the executive agency ‘‘Sec. 101. Short title and table of contents. provision of law repealed or amended by this that is suitable for use as temporary over- ‘‘Sec. 102. General definition of homeless in- Act. night shelter for homeless persons. dividual. SEC. 10. TREATMENT OF PREVIOUSLY OBLI- (b) CONSULTATION.—At the request of the ‘‘Sec. 103. Funding availability and limita- GATED AMOUNTS. head of any executive agency, the Secretary tions. Notwithstanding the amendment or repeal shall consult with such agency head regard- ‘‘Sec. 104. Annual program summary by of any provision of law by this Act, any ing whether facilities of the agency, or a par- Comptroller General. amounts appropriated to carry out the provi- ticular facility or facilities, are covered fa- ‘‘TITLE II—INTERAGENCY COUNCIL ON sions so amended or repealed that are obli- cilities or are suitable for use as temporary THE HOMELESS gated before the date of the enactment of overnight shelter for homeless persons. ‘‘Sec. 201. Establishment. this Act shall be used in the manner pro- (c) COMPILATION AND PUBLICATION.—Not ‘‘Sec. 202. Membership. vided, and subject to any requirements and later than 60 days after the date of the enact- ‘‘Sec. 203. Functions. agreements entered into, under such provi- ment of this Act, the Secretary shall compile ‘‘Sec. 204. Director and staff. sions as such provisions were in effect imme- the information submitted pursuant to sub- ‘‘Sec. 205. Powers. diately before such date of enactment. section (a) and cause the compiled informa- ‘‘Sec. 206. Transfer of functions. tion to be published in the Federal Register ‘‘Sec. 207. Definitions. The SPEAKER pro tempore. Pursu- a list of all covered facilities identified as ‘‘Sec. 208. Authorization of appropriations. ant to the rule, the gentleman from suitable for use as temporary overnight shel- ‘‘Sec. 209. Termination. New York (Mr. LAZIO) and the gen- ter for homeless persons. ‘‘TITLE III—FEDERAL EMERGENCY MAN- tleman from Massachusetts (Mr. KEN- (d) DEFINITIONS.—For purposes of this sec- AGEMENT FOOD AND SHELTER PRO- NEDY) each will control 20 minutes. tion, the following definitions shall apply: GRAM The Chair recognizes the gentleman (1) COVERED FACILITY.—The term ‘‘covered ‘‘Subtitle A—Administrative Provisions from New York (Mr. LAZIO). facility’’ means any building, structure, ‘‘Sec. 301. Emergency Food and Shelter Pro- Mr. LAZIO of New York. Mr. Speak- land, or other real property that, in the de- gram National Board. er, I yield myself such time as I may termination of the head of the Federal agen- ‘‘Sec. 302. Local boards. cy having control of the property, using consume, and I would begin by thank- ‘‘Sec. 303. Role of Federal Emergency Man- ing the gentleman from Massachusetts standards that shall be established by the agement Agency. Secretary, reasonably could be made avail- ‘‘Sec. 304. Records and audit of National (Mr. KENNEDY), the ranking member on able for the use described in subsection (a) Board and grantees of assist- the committee, for his cooperation without substantial conflict with any other ance. throughout the process. I will have existing, expected, or potential use of the ‘‘Sec. 305. Annual report. more to say about him later, because I property to carry out the mission of the ‘‘Subtitle B—Emergency Food and Shelter think this product is largely an effort agency. Grants of cooperation between the two sides, (2) EXECUTIVE AGENCY.—The term ‘‘execu- ‘‘Sec. 311. Grants by the Director. and I am proud of that. tive agency’’ has the meaning given such ‘‘Sec. 312. Retention of interest earned. term in section 105 of title 5, United States Mr. Speaker, I yield such time as he ‘‘Sec. 313. Purposes of grants. may consume to the gentleman from Code. ‘‘Sec. 314. Limitation on certain costs. (3) HOMELESS PERSON.—The term ‘‘home- ‘‘Sec. 315. Disbursement of funds. Iowa (Mr. LEACH), the great chairman less person’’ has the meaning given such ‘‘Sec. 316. Program guidelines. of the Committee on Banking and Fi- term in section 102 of the Stewart B. McKin- ‘‘Subtitle C—General Provisions nancial Services. ney Homeless Assistance Act (42 U.S.C. Mr. LEACH. Mr. Speaker, I thank the 11302). ‘‘Sec. 321. Definitions. ‘‘Sec. 322. Authorization of appropriations. gentleman for yielding me this time, (4) SECRETARY.—The term ‘‘Secretary’’ and let me just say that this particular means the Secretary of Housing and Urban ‘‘TITLE IV—PERMANENT HOUSING DE- Development. VELOPMENT AND FLEXIBLE BLOCK bill, which is a homeless housing con- GRANT HOMELESS ASSISTANCE PRO- solidation act, was introduced by our SEC. 8. REPEALS AND CONFORMING AMEND- MENTS. GRAM distinguished chairman of the Sub- (a) REPEALS.—The following provisions of ‘‘Subtitle A—General Provisions committee on Housing of the Commit- law are hereby repealed: ‘‘Sec. 401. Purpose; performance measures. tee on Banking and Financial Services, March 3, 1998 CONGRESSIONAL RECORD — HOUSE H713 the gentleman from New York (Mr. reform bills ready for conference in an Mr. LAZIO of New York. Mr. Speak- LAZIO). It has received a great deal of equally collegial fashion. er, I want to once again thank the gen- partisan input, led by the gentleman The bill before us, however, is not tleman from Iowa (Mr. LEACH), the from Massachusetts (Mr. KENNEDY), only the product of compromise across chairman of the committee, for his and a number of refinements from the the aisle. Advocates for homeless pro- leadership and his commitment to the administration and Mr. Cuomo, Sec- viders, homeless persons and State and needs of low-income families and indi- retary of HUD. local governments have also com- viduals. Without his help, this bill I personally think it is a common promised in an effort to move this bill. would not be before us today. sense, thoughtful, constructive way to It is a good compromise, one that in- Mr. Speaker, today we embark upon proceed with homeless housing. It rep- cludes a number of long-needed re- a journey with a worthy destination, resents a commitment of Congress to forms. an America where no one has to live or this arena of public concern, which is For one, the bill redirects a recent die on the streets. Tragically, walking one of the most extraordinary in this trend away from developing permanent through the streets of many of our cit- country at this time. For a country the housing to funding supportive service ies today, one would see a much dif- size of ours to have the depth of our programs. Certainly we recognize that ferent picture than our ideal portrait problems is clearly a national embar- the service needs of formerly homeless of an American community. On any rassment that takes a great deal of na- persons and families run deep. But if one evening in America, say last night, tional commitment to overcome. permanent affordable housing is un- for example, over a half million people, I would just like to suggest to my available, providing services is mean- real people with real lives, are home- colleagues that this is one of these ingless. H.R. 217 addresses this problem less. Why? The frustration is that we kinds of bills that has had the input of by preserving 30 percent of the annual know what works. We have seen it. It lots of parties and certainly the gen- appropriation for permanent housing is being done. Take Julius, for example, who lives tleman from Massachusetts, in his sup- development, and discourages States at Jeremiah House, a successful hous- port, symbolizes that; but the gen- and localities from using more than 35 ing facility for homeless adults in the tleman from New York, again, this dis- percent of their grant for services. shadow of this Capitol. Earlier today tinguishes him as one of the pre- Equally important is the bill’s au- the gentleman from Texas (Mr. SES- eminent subcommittee chairmen of the thorization level of $1 billion, $177 mil- SIONS) and I visited Jeremiah House House, and I am very appreciative of lion more than the current appropria- and spoke to Julius. Julius lived on the his leadership on this issue. tion of $823 million. I am hopeful this streets and in abandoned cars for more Mr. KENNEDY of Massachusetts. Mr. level will send a strong message to the than 10 years as a result of drug and al- Speaker, I yield myself such time as I appropriators that the homeless fund- cohol addiction. Today Julius lives at may consume to say, first and fore- ing level of the last 4 years has been the Jeremiah House, and with the help most, that I would like to again com- and is insufficient. Reductions in SSI and food stamps of his family, he is involved in a sub- mend the chairman of the Subcommit- stance abuse program, regularly at- tee on Housing and let him know what have already put an additional strain on our already overburdened emer- tends church, is enrolled in engineering a great job I think he has done on this courses at the University of the Dis- bill and look forward to a strong vote gency shelters. With time limits on welfare assistance looming before us, trict of Columbia, and hopes to receive on this bill in a few minutes. his Bachelor’s degree next year. This, Mr. Speaker, I yield such time as he there is increased pressure to invest in homeless prevention and emergency Mr. Speaker, is success. may consume to the gentleman from Although the Federal Government housing programs as well as affordable New York (Mr. LAFALCE), the new has more than doubled spending on housing development. Despite the fact ranking member. I think this is his programs designed to address home- first time on the House floor as the that our housing delivery system is be- lessness in the 1990s, hunger and home- ranking member of our Committee on coming increasingly more efficient and lessness continue to increase. Families Banking and Financial Services, and effective, it cannot sustain all these with children comprise more than one- we all appreciate the dedication and new and looming pressures without ad- third of today’s homeless population. support he has shown not only to hous- ditional resources. So I appeal to the More than 75 percent of homeless ing but in looking out for working fam- appropriators to recognize the in- adults struggle with mental illness, ilies across the board. creased needs in our communities, as substance abuse or chronic illness. And the authorizing committee has done, b 1430 at least 25 percent of homeless men are and give some relief to an already over- veterans of our armed forces. How can Mr. LAFALCE. Mr. Speaker, I am so burdened system. we tolerate their plight? What can be pleased my first occasion speaking as Again, I urge all Members to support more heart-wrenching than stories of the ranking Democrat is on behalf of the gentleman from New York (Mr. those who fought for our freedom only H.R. 217, the Homeless Housing Pro- LAZIO) and the gentleman from Massa- to find themselves faced with living on grams Consolidation and Flexibility chusetts (Mr. KENNEDY) in supporting the streets when they get back home? Act, because I cannot think of any H.R. 217. Mr. Speaker, we must ask ourselves issue that is more important to our Mr. LAZIO of New York. Mr. Speak- one simple question: Do we accept the committee and to the House, and I can- er, I yield myself such time as I may status quo as inevitable, or must we not think of any bill that I am more consume, and I yield to the gentleman work harder to find better ways to get supportive of. from Iowa (Mr. LEACH), the chairman better results? Unless we are willing to Taking on the housing problems of of the Committee on Banking and Fi- follow the lead of too many Third the homeless can often be a thankless nancial Services. World countries where the homeless die task. That is why I would like to start Mr. LEACH. Mr. Speaker, I thank the alone on streets every day, clearly we by giving special recognition to the ef- gentleman for yielding. On behalf of must do a better job. forts of the gentleman from New York the majority, I would like to speak out Today we begin to move away from (Mr. LAZIO) and the gentleman from of order for a few seconds simply to the temporary Band-Aid type solutions Massachusetts (Mr. KENNEDY), the congratulate the minority in their of the past. Today we refocus our ef- chairman and ranking member of the thoughtfulness in designating the gen- forts on preventative strategies and Subcommittee on Housing and Commu- tleman from New York (Mr. LAFALCE) permanent solutions to homelessness. nity Opportunity. Both of the gentle- as the new ranking member. Speaking Today we recognize the successes of men have a shared commitment to im- personally, he is not only a wonderful neighborhood partnerships that link proving the housing condition of all friend but his background in all the permanent shelter with a strategy of Americans, and the two have crafted a issues before the Committee on Bank- continuing services designed to give bipartisan bill to address an issue that ing and Financial Services is unparal- the homeless the best chance at self- could have been polarized, could have leled and unmatched. We are very hon- sufficiency. been politicized. It gives me hope that ored to work with him and we look for- This bill, H.R. 217, the Homeless we might move other essential housing ward to that prospect. Housing Programs Consolidation and H714 CONGRESSIONAL RECORD — HOUSE March 3, 1998

Flexibility Act, will provide the 21st Speaker, I include for the RECORD let- of Representatives to pass this bill, and we century framework to restore hope to ters of support from these organiza- further urge the Senate to enact H.R. 217. hundreds of thousands of unsheltered tions, as follows: Thank you for your and the subcommittee’s work on behalf of homeless veterans. Americans. It will give those on the SUPPORTERS OF H.R. 217 Sincerely, streets a real chance at reconnecting Vietnam Veterans of America, Inc. GEORGE C. DUGGINS, with society, their friends and their U.S. Conference of Mayors National President. family. The National Alliance to End Homelessness, Our legislation consolidates the 7 ex- Inc. MARCH 2, 1998. isting homeless housing programs National Association of Counties Hon. RICK LAZIO, under HUD into a single, flexible fund- National Community Development Associa- Chairman, House Subcommittee on Housing and ing stream for States and commu- tion Community Renewal, Rayburn House Office Association of Local Housing Finance Agen- Building, Washington, DC. nities. Decision-making is given to cies communities and States, and moves DEAR MR. CHAIRMAN: We write to endorse Local Initiatives Support Corporation (LISC) your efforts to move H.R. 217, the ‘‘Homeless away from centralized planning and Corporation for Supportive Housing Housing Programs Consolidation and Flexi- the Washington-knows-best mentality. National Law Center on Homelessness and bility Act’’ through the House of Representa- Homelessness, Mr. Speaker, should Poverty tives. Consolidation of the McKinney Act’s not be hopelessness. In our bill, some homeless housing programs is an idea whose funding is reserved for a permanent VIETNAM VETERANS OF AMERICA, INC., time has come. In a time when the Depart- housing competitive grant process to Washington, DC, February 23, 1998. ment of Housing and Urban Development is Hon. RICK LAZIO, undergoing a drastic downsizing the last transition toward long-term solutions House of Representatives, Rayburn House Office to homelessness. Last year HUD spent thing it needs is to run a series of competi- Building, Washington, DC. tions for homeless housing funds. Instead, only 10 percent of homeless assistance DEAR CHAIRMAN LAZIO: On behalf of the communities should receive homeless hous- membership of Vietnam Veterans of America funds to build permanent housing. Let ing funds via a block grant, as generally H.R. (VVA), I write to strongly support passage of me be clear: Only 10 percent of Federal 217 would do, so that they can use the funds H.R. 217, the Homeless Housing Programs homeless assistance last year was to meet locally identified homeless housing Consolidation and Flexibility Act. We feel spent for exactly what the homeless and service needs. A number of members that the veterans provisions within this bill have advised us that the current competitive desperately need, homes. will greatly assist veterans who are home- method of awarding McKinney Act funds We cannot afford to let bureaucratic less. By increasing access of veterans com- often has the effect of denying funding to barriers stand in the way of proven so- munity-based homeless assistance providers their top priority projects. lutions and the hope that they bring. to the HUD homeless funding process, this Creation of a homeless housing block grant Our bill requires all Federal depart- legislation can facilitate an effective federal and its continuum of care will give commu- response to the national tragedy of dis- ments and agencies to coordinate nities the certainty of funding they need to proportionate numbers of veterans among homeless assistance. In this way, we undertake comprehensive, long-term strate- eliminate the wasteful duplication of the homeless population. Homelessness in America is a terrible trag- gies to address homelessness. resources, close the gap in services and edy. The prevalence of veterans among the Although we don’t support all of the provi- confront homeless issues holistically. homeless population is an even more poign- sions in H.R. 217, we believe it essential that Finally, our legislation encourages ant statement about this tremendous loss of the legislative process move forward. Pas- partnerships among nonprofit devel- human potential and productivity. As we sage of this bill will provide the momentum opers, faith-based groups and service have discussed with you and your staff, even to encourage the Senate to act on a homeless agencies to link permanent housing though widely accepted statistics and analy- block grant. Once the legislation moves to a House-Senate Conference Committee we will with a continuum of services. By ad- sis show that some 30 percent of the homeless population are veterans. HUD has not seek modification to several of the provi- dressing the core issues of homeless- sions in H.R. 217. ness through a concerted community been successful in ensuring that it’s nearly $1 billion in annual homeless assistance Mr. Chairman, we applaud your leadership effort, we give the homeless a real spending appropriately targets these unique on this important issue. chance to reclaim their stake in soci- needs. Sincerely, ety and improve their quality of life. In prior administration’s and occasionally ASSOCIATION OF LOCAL Mr. Speaker, today this House has even among the current cadre of federal offi- HOUSING FINANCE the unique opportunity to advance not cials, HUD has pointed the finger at VA, es- AGENCIES. only common-sense public policy, but sentially saying. ‘‘Veterans are their respon- NATIONAL ASSOCIATION OF sibility.’’ But such a policy perspective fails COUNTIES. also policy with compassion for those NATIONAL COMMUNITY without the most basic of human ne- to realize that VA—as a hospital and benefits system—was never designed to treat the DEVELOPMENT cessities, adequate shelter. Govern- complexities of homelessness. While the VA, ASSOCIATION. ment should be about funding pro- in recent years, has made tremendous efforts U.S. CONFERENCE OF grams that work, that are locally con- to help veterans who are homeless, the fact MAYORS. trolled, and that empower our most remains that VA is not in the housing busi- vulnerable citizens. Too often the ness. HUD is the federal agency that deals THE NATIONAL ALLIANCE homeless are trapped in a revolving with homeless assistance and housing pro- TO END HOMELESSNESS, INC., Washington, DC, February 23, 1998. door from shelters, to the streets, grams. VVA has worked on the homeless veterans Hon. RICK A. LAZIO, emergency rooms, treatment centers issue for many years. And while we are Chairman, Subcommittee on Housing and Com- and back again. Our work here today heartened to see more attention devoted to munity Opportunity, House of Representa- will help break that cycle and begin the issue, it is disconcerting that current ef- tives; Washington, DC. the process of ending homelessness in forts to address homelessness do not met the DEAR MR. CHAIRMAN: Over the past several America. specific needs of veterans. The plight of years, we at the Alliance have deeply appre- Mr. Speaker, I would also mention homeless veterans is often misunderstood ciated your commitment to improving the the committee’s efforts to consolidate and overlooked. If general homeless assist- way in which federal homeless assistance is the homeless assistance programs are ance programs—which HUD supports—were delivered through the HUD Homeless Assist- ance Grants. This critical HUD program strongly supported by a variety of or- effectively rehabilitating veterans, we would not expect to see the disproportionate num- must address the complex set of challenges ganizations, including the Vietnam bers of veterans within the homeless popu- that face an extremely diverse homeless pop- Veterans of America; the U.S. Con- lation. This is why it is so critical that pro- ulation, and it must also respond to the ference of Mayors; the Association of grams which target these veterans’ unique equally complex set of needs of a diverse de- Local Housing Finance Agencies; the needs and maximize their rehabilitation po- livery mechanism. H.R. 217 addresses both National Association of Counties; the tential are nurtured and supported with fed- sets of needs and challenges and provides a National Community Development As- eral funding. Veterans are a ‘‘federal’’ re- valuable blueprint for re-tolling homeless association; LISC, the Local Initiatives sponsibility—and not just a VA responsibil- sistance to achieve the maximum benefit for ity. homeless people. Support Corporation; the National Al- VVA feels very strongly that the veterans The National Alliance to end Homelessness liance to End Homelessness; the Na- provisions of H.R. 217 will help to combat the believes that any federal homeless assistance tional Law Center on Homelessness and specific and unique causes of homelessness program should adhere to the following prin- Poverty; and many, many others. Mr. among veterans. We strongly urge the House ciples: March 3, 1998 CONGRESSIONAL RECORD — HOUSE H715 End homelessness for as many people as housing will ensure that CDCs can continue broader phenomenon. For example, HUD’s possible through the provision of permanent to be part of the solution of homelessness in 1994 report to Congress stated that every housing; their communities. McKinney Shelter Plus Care dollar leveraged Ensure decent ‘‘shelter’’ for those experi- LISC also commends the increased $1 bil- $2 in local and/or private services funding encing emergencies and for whom permanent lion authorization level of H.R. 217 which ac- and every McKinney Section 8 Mod/Rehab housing is not provided; knowledges the need for additional resources dollar leveraged $1.50 in non-federal develop- Provide flexible funding so that local to combat homelessness. Federal homeless ment dollars.) H.R. 217 also provides for a issues can be addressed, but ensure nonprofit funds shaped by a vision of creating perma- range of long term rental assistance options, involvement and provide rigorous federal nent housing solutions are a significant step thereby supplying the critical linchpin for monitoring and oversight to overcome the towards helping our homeless neighbors re- creating permanent and sustaining solutions problems that arise from politicization at claim a stake in community life. to homelessness. Such targeting of limited the local level; Sincerely, federal funds to an identified need, where the Increase the motivation and capacity to PAUL S. GROGAN, federal investment truly partners with that deal with the problem at the state and local President. of other public and private entities, em- levels; bodies the best in federal policymaking. Ensure that any assistance delivered has a CORPORATION FOR Second, I strongly endorse your call in direct and measurable benefit to homeless SUPPORTIVE HOUSING, H.R. 217 for authorization of federal home- people, and that the primary thrust of this New York, NY, February 28, 1998. less programs at $1 billion. This authoriza- benefit is their achievement of stability in Representative RICK LAZIO, tion level recognizes that homeless care pro- permanent housing. Chairman, Subcommittee on Housing and Com- viders, including those who operate perma- H.R. 217 specifically addresses these prin- munity Opportunity, Rayburn House Office nent supportive housing, require sufficient ciples. It reverses the recent trend toward Building, Washington, DC. resources to address the needs of the home- more funding of services and temporary solu- DEAR CHAIRMAN LAZIO: I write on behalf of less if this nation is to end homelessness, tions by setting aside funding for permanent the Corporation for Supportive Housing which began over a decade ago as a ‘‘crisis’’ housing. It establishes a critical priority for (CSH) to support H.R. 217, The Homeless but sadly remains an enormous and costly housing for people with chronic disabilities. Housing Programs Consolidation and Flexi- problem. It targets more resources to the problem by bility Act of 1997. While CSH has objections Third, I must reiterate CSH’s primary ob- including an authorization level of one bil- to certain provisions of the bill, which I have jection to H.R. 217, namely, the block grant- lion dollars. It includes local boards to deter- articulated to you and repeat below, it re- ing of 70% of funds under the consolidated mine how funds will be spent and to monitor mains clear that H.R. 217 would both assure McKinney programs. We believe that: (1) block granting will spread funds too thinly their effectiveness. It targets assistance to expansion of permanent solutions to home- among grantees; and (2) with the addition of nonprofit organizations. It addresses the dif- lessness, and enlist state and local govern- a permanent housing set aside and better ficult problems of funding services and pro- ments as real partners of the federal govern- local match requirements. HUD’s current viding a predictable source of funding to ment in the battle to end homelessness na- Continuum of Care selection process would local areas for emergency and transitional tionwide. CSH is a national nonprofit intermediary satisfactorily distribute homeless assistance assistance. In short, H.R. 217 moves us closer funds and do so in the locally-driven fashion to a system that addresses the primary goal dedicated to expanding the quantity and quality of supportive housing available to that block granting strives to achieve. De- of ending homelessness both for individual spite this reservation, CSH recognizes that people who are homeless or at risk of becom- homeless people and families, and for the na- H.R. 217 constitutes a major step forward in ing so. The supportive housing model com- tion. supporting innovative, cost-efficient strate- bines permanent, low income housing with We at the Alliance have deeply appreciated gies to end homelessness through federal on-site mental health, substance abuse, em- your willingness to work with us, and to lis- homeless assistance programs. Accordingly, ten to our concerns and those of our mem- ployment and other support services which we support its enactment into law. bers, as you have developed the concepts help the most vulnerable homeless individ- Thank you for your consideration of this contained in H.R. 217. We know personally of uals to regain control of their own lives and letter. your commitment to provide real assistance a stake in the life of their communities. Over Sincerely, to homeless people. We look forward to con- the past decade, community based nonprofits JULIE SANDORF, tinuing to work with you as we collectively have demonstrated that supportive housing President. improve the homeless assistance system. is an effective and cost-efficient solution to Sincerely, homelessness. It both provides residential NATIONAL LAW CENTER NAN ROMAN. stability for even the most disabled homeless ON HOMELESSNESS & POVERTY, individuals (federal and state government Washington, DC, February 27, 1998. LOCAL INITIATIVES SUPPORT CORP., commissioned studies have confirmed tenant Hon. RICK LAZIO, New York, NY, February 23, 1998. retention rates exceeding 75%) and enables Chairman, Housing Subcommittee, House Com- Hon. RICK LAZIO, those individuals to reduce the frequency mittee on Banking and Financial Services, Chairman, Subcommittee on Housing and Com- and magnitude of their encounters with such Rayburn House Office Building, Washing- munity Opportunity, Rayburn House Office costly, emergency driven public systems as ton, DC. Building, Washington, DC. psychiatric hospitals, emergency rooms, DEAR MR. CHAIRMAN: I write to thank you DEAR MR. LAZIO: I am writing on behalf of detox facilities, and jails. Indeed, for the for your efforts to reauthorize the Stewart the Local Initiatives Support Corporation most vulnerable of homeless individuals with B. McKinney Homeless Assistance Act pro- (LISC) to applaud your recognition within special needs such as mental illness, chronic grams that are administered by the U.S. De- H.R. 217, the Homeless Housing Programs health conditions, or other disabilities, sup- partment of Housing and Urban Develop- Consolidation and Flexibility Act, of the im- portive housing is the only demonstrated ment. These programs have provided vitally portance of permanent housing to end home- permanent solution to chronic homelessness. needed assistance, including emergency shel- lessness by giving our communities’ most Several aspects of H.R. 217 merit special ter and transitional housing, to thousands of frail citizens the foundation they need to mention. First, H.R. 217 recognizes perma- homeless Americans. live healthy, productive lives. As you know, nent supportive housing as an effective, sus- We appreciate your effort to authorize a LISC has been working with community de- taining and cost-efficient solution to home- level of funding for the program above the velopment corporations (CDCs) since 1979 lessness by proposing to target a percentage level of last year’s appropriation. While $1 providing the necessary tools for them to de- of authorized funding (25% growing to 30%) billion unfortunately is still not adequate to velop affordable housing and offer the range for development of permanent housing. This meet the need, it would certainly be a step of social services that revitalizes and rein- permanent housing set aside ensures both forward. vigorates communities. that sufficient funds can be concentrated at It is critically important that the McKin- Among a range of activities, LISC provides the local level to develop new permanent ney programs be reauthorized. Thank you financing and technical assistance for the de- housing, and that a steady stream of federal again for your efforts and commitment. velopment of affordable housing for homeless funds will remain available for supportive Sincerely, and disabled persons requiring supportive housing providers. Critically, by specifically MARIA FOSCARINIS, services. Through the syndication of Low In- including long-term rental assistance among Executive Director. come Housing Tax Credits in partnership the eligible activities for permanent housing Mr. LAZIO of New York. Mr. Speak- with the National Equity Fund (NEF), we funds, H.R. 217 guarantees maximal er, before I reserve the balance of my are able to leverage substantial private sec- leveraging of federal homeless assistance time, I would like to express once tor investments for these projects. But this funds by state and local governments, phi- again my appreciation to the sub- private investment is possible only if long lanthropy, and private investors. (For exam- term project subsidies are available to fill ple, private investors in the Low Income committee’s ranking member, the gen- the gap between the operating costs and Housing Tax Credit can typically provide tleman from Massachusetts (Mr. KEN- what homeless people can afford to pay in about one-half of the amount needed for de- NEDY), for his help in moving this legis- rent. H.R. 217’s dedication of national re- velopment where long term federal subsidies lation forward. My good friend and col- sources for the development of permanent are in place. HUD research confirms the league has spent much of his public and H716 CONGRESSIONAL RECORD — HOUSE March 3, 1998 private life helping the less fortunate, lars for fighting homelessness in this b 1445 particularly the homeless, realize a country, is really, in my opinion, a If we want to get these folks that better way of life. tragedy. It is a tragedy that has large- need homeless funding out of homeless- I should also recognize the efforts of ly come about as a result of govern- ness, we have to provide them with the gentleman from Washington (Mr. ment policies. housing and jobs. METCALF) on behalf of homeless veter- There was a time when we did not I would just say that in terms of this ans, and extend my gratitude to the find a lot of homeless Americans. You particular legislation, I do want to rec- gentleman from Minnesota (Mr. VENTO) could travel the streets of every major ognize that while the funding has infor his unwavering support for reform city in America and not see thousands creased, and I know the gentleman throughout this process and for his and thousands and thousands of home- from Iowa (Mr. LEACH) has agreed to work for many years on this important less people. sign a letter to the Committee on Ap- issue. The way we got to so many homeless propriations asking for the full $1 bil- Mr. Speaker, I reserve the balance of people in America is two ways. First lion worth of funding, that we have set my time. and foremost, we, as a policy, decided aside 30 percent of the funding for per- Mr. KENNEDY of Massachusetts. Mr. that we did not want to house our men- manent housing, that we have insti- Speaker, I yield myself 5 minutes and tally ill in these concentrated facilities tuted much greater local control and 40 seconds. where so many horrific things were local flexibility as a result of the chair- First and foremost, let me just say being done to them. So we said we were man’s intent, and we have also pro- very briefly how much I appreciate the going to close down those facilities. vided some needed veterans’ provisions kind words that the chairman of the Then we were going to build housing in this legislation. Subcommittee on Housing and Commu- in neighborhoods to house the men- Mr. Speaker, I would, in closing, nity Opportunity, the gentleman from tally ill, the mentally disturbed, those again like to just say that we need to New York (Mr. LAZIO), has expressed. with drug and alcohol abuse. The fact continue to provide additional funding I think that he, in fact, does deserve is, what we did as a Nation is, we for the homeless. We can provide all a great deal of credit for bringing a bill closed down the facilities but we never the programs, but if we do not get the that had overwhelming support. I built the housing in the neighborhoods. money out to the people that need it, it think it passed our committee by a The second piece of this was that we will all be a lot of words and no hous- vote of 35 to 5. It is a very rare occur- built in 1980 over 300,000 units for the ing. rence in the subcommittee or the full poor, as a Federal Government, 300,000 Mr. Speaker, I want to thank the Committee on Banking and Financial housing units. We spent over $30 billion chairman of the housing committee, Services. on the housing budget in 1980 dollars. the gentleman from New York (Mr. I think it is largely due to the sen- Today we have dramatically cut the LAZIO), for his leadership, and look for- sitivity he showed and the leadership amount of money that we are spending ward to working with him as the legis- he showed in making compromises on on affordable housing. lation moves through the process. I want to appreciate the fact that in this legislation and making certain Mr. Speaker, I reserve the balance of this particular legislation the gen- that all parts of the country are treat- my time. tleman from New York (Mr. LAZIO) and ed equitably, and with the recognition Mr. LAZIO of New York. Mr. Speak- the gentleman from Iowa (Mr. LEACH) of the fact that while we want to get er, I yield 2 minutes to the gentleman have brought up our funding in this bill government bureaucracy out of the from Washington (Mr. METCALF.) from $803 million to over a billion dol- Mr. METCALF. Mr. Speaker, I rise in way, we also want to preserve and lars. That is a step in the right direc- support of H.R. 217 and its goal of giv- make certain that programs that do ef- tion. ing local communities greater flexibil- fectively move people out of homeless- But I would point out that the truth ity in reducing homelessness. I was ness and into permanent housing and of the matter is that the first thing concerned about homeless veterans be- permanent jobs in fact get the atten- that happened 4 years ago when the Re- fore I arrived in Congress. I am pleased tion and the credit that they deserve. publicans took over the House of Rep- now to be able to do something for So I want to just say how much this resentatives is that we saw the home- them. demonstrates that when we choose to less budgets in this country cut by 25 Over the past 3 years, I have intro- work together, I think a lot can be ac- percent. We saw the overall housing duced legislation to help veteran advo- complished by this Congress. budgets in America cut by 25 percent. cacy groups compete for Stewart I also want to just express my appre- That was only after the compromises McKinney funds. In 1996, HUD funded ciation as well to the gentleman from had been reached. 1,100 projects for a total of $713 million. Minnesota (Mr. VENTO), who spent If we do not build housing for the Of the projects funded, only 48 projects years in the Congress leading this poor, and the country has more and equaling $25 million were designed pri- fight. When I first got to the House of more people, the value of the existing marily for homeless veterans. That is Representatives, going on almost 12 housing rises, the poor do not get any only $25 million for homeless veterans years ago, the gentleman from Min- richer, so they cannot afford it. What out of $713 million. Yet the number of nesota (Mr. VENTO) was a leader on the happens is we end up dumping people homeless veterans is estimated to be 20 homelessness bill at the time. out on our streets. to 30 percent of the homeless popu- We were passing, at that time, the This is an important piece of legisla- lation. McKinney Act, which was an appro- tion. I do very much commend the gen- We need more help for homeless vet- priate piece of legislation for a problem tleman from New York (Mr. LAZIO) for erans. H.R. 217 includes an amendment that needed to be addressed as a result his work on trying to get this legisla- that I offered with the gentleman from of the efforts of Mitch Snyder and a tion passed and write it in such a fash- Massachusetts (Mr. KENNEDY) to give number of other people. ion that he has gotten such broad sup- veteran advocacy groups an oppor- The fact is that this bill I think port for it. We do appreciate the gen- tunity to participate in local advisory shows a new kind of recognition of tleman’s leadership on this. boards. These boards will create and some of the programs that work and But we need to work together to coordinate the community’s housing some of the needless bureaucracy that make sure that this country recognizes plan. In addition, homeless veterans has evolved around the original McKin- that if we are going to provide billions will be considered a special needs popu- ney Act. And I think the gentleman of dollars to the Pentagon, if we are lation, which makes them one of the from Minnesota (Mr. VENTO) should get going to provide billions of dollars in targeted populations for services in enormous credit. terms of the aid programs that we are housing. Lastly, this amendment re- It is not just about credit. And I currently involved with, that there is a quires better reporting from HUD and know the gentleman from New York Third World right here in America that its grantees concerning veterans. (Mr. LAZIO) would be the first to admit also needs to be provided with the nec- I want to thank the gentleman from that this is an issue of how we got to a essary resources in order to provide Massachusetts (Mr. KENNEDY) and the point where we are appropriating hun- them with basic and affordable housing subcommittee chairman, the gen- dreds of millions, if not a billion dol- and health care and education. tleman from New York (Mr. LAZIO), as March 3, 1998 CONGRESSIONAL RECORD — HOUSE H717 well as the gentleman from Iowa spend, the $1 billion that is authorized to push the other social service agen- (Chairman LEACH) for their willingness in this measure. Local governments, cies and others that have resources to to work with me to include veterans’ nonprofits, the people we represent, the channel their dollars into the needs of provisions in this bill, provisions that volunteer groups, are spending tens of the homeless, because we cannot do it will help get homeless veterans off the billions of dollars to meet this housing alone, HUD and these McKinney pro- street. These are not just empty prom- problem each year across this nation. gram are just not sufficient in funding ises, but meaningful changes in helping The homeless, as I said, they are or capacity. local communities serve their homeless working, and they are entitled to a lot The local governments and the non- veterans. of the benefits. But, unfortunately, profits, are working on overload, they Mr. KENNEDY of Massachusetts. Mr. many benefits are attached to shelter are working on overload, they have too Speaker, I yield 5 minutes to the gen- to an address. If a child is homeless, much being placed on them these days, tleman from Minnesota (Mr. VENTO.) they deserve an education, they de- and need the type of support we have Mr. VENTO. Mr. Speaker, I thank serve the funding from the city and proposed here. But we have to do it in the gentleman for yielding me time. State. If they have a health problem, a partnership, which we are trying to Mr. Speaker, I want to commend the they deserve the benefits that are asso- do in this bill, and which I know can ranking member, the gentleman from ciated with Medicare if they are eligi- and does work. The Interagency Coun- Massachusetts (Mr. KENNEDY), and the ble or Medicaid if they are eligible. cil on Homelessness is reestablished in subcommittee chairman, the gen- They deserve the opportunity for job this bill, trying to get our Federal tleman from New York (Mr. LAZIO), for training and other programs. agencies to work collaboratively and their support of this and their leader- We are trying to provide such pro- cooperatively together. ship in bringing us together to support grams and must this together with this Mr. Speaker, it should be clearly un- H.R. 217, which is a very good bill, McKinney Act, which, incidentally, has derstood that this program the McKin- which obviously authorizes more dol- always been a bipartisan effort. Myself ney funding has helped and lars, changes some of the policies and and Chalmers Wylie from Ohio initi- transitioned many literally 100,000 of redirects and streamlines the law to ated this bill in small way representa- homeless back into the mainstream of meet the needs of the homeless across tive; Ed Boland, had a different piece in our society, the problem is that those this Nation. the appropriation process, the FEMA falling between the cracks of our social Who are the homeless? The homeless dollars that are in here represent his nets and onto the streets continues and are a group of individuals today that 20 initial efforts, and that is reauthorized the McKinney law and act is more years ago, when we look back into our in this bill and that is a great program. needed today that ever. communities and byways and rural The fact is that, of course, we named This is a good bill. I hope my col- areas, urban, were not the same popu- it when we brought it altogether under leagues all vote for it and it passes this lation. We always have had, sadly, I one umbrella after our dear colleague, House with a resounding yes vote. think some that are chemically ad- our deceased colleague, Stewart Mr. Speaker, as I rise today in support of dicted homeless, and that is a problem McKinney from Connecticut, a good the Homeless Housing Programs Consolida- a smaller number of the homeless. But Republican and a good friend and a tion and Flexibility Act, I want to recognize the today we have, as my subcommittee good advocate for people that have Democratic and Republican staffs for their chairman has mentioned, the gen- problems and need housing in this Na- work in building a compromise bill for us that tion. tleman from New York (Mr. LAZIO), we has been helpful and permits us to be here I hope that with this bill, we can re- have nearly half a million people that today that will authorize a billion dollars annu- ignite some of that spirit of working are homeless. ally for HUD homeless assistance through together in terms of housing that has The roots the source of such home- FY2002. I testified in front of the Subcommit- alluded us, because we have serious lessness has many sources. In fact, the tee on Housing last June in favor of some housing problems in this nation. As has homeless are very often people that changes to the Chairman's bill, H.R. 217Ð been indicated, part of this is because have jobs. They very often are women. changes that would incorporate some of the we have not followed through when we Very often they are children that are deinstitutionalized, a good thing to do, policies embodied in my McKinney reauthor- homeless today. to take apart those institutions. ization legislation, H.R. 1144. I am pleased to So it recognizes, sadly, that in 1998, My State of Minnesota especially has note for the Members here this afternoon that with the highest home ownership in had problems because we were the first many modifications and improvements have history of our Nation, nearly 66 percent in the Nation to institutionalize and been made to address my concerns, the con- of the people own their own homes, but deal with many of the problems, but we cerns of Mr. KENNEDY, HUD and others. no one of us live on the average; that did not follow through with the com- Members may be aware that as an original today in our society there is a great munity resources that are necessary to author of the McKinney Act in 1987 and spon- vulnerability in terms of our being able meet the needs of people being sor of the legislation to assist the homeless to fall down and lose out in terms of mainstreamed back into our commu- since 1982, I have an intense interest in how becoming an economic or social cas- nities; neither housing nor the social we restructure the HUD McKinney programs. I ualty; that today in our society we are services. look forward to continuing to work with the very isolated, and the network of sup- So we have a great opportunity here Chairman to move this legislation forward and port in terms of family and friends and with this McKinney program to build a would point out that this measure has always others that historically had been such new framework, to draw on the others been a bipartisan effort: First, Congressman a great source of help to many that that have responsibilities, not just in Chalmers Wylie of Ohio and myself in 1981; would fail is most often not present, terms of the housing programs that second, honoring Congressman Stewart too many americans today are vulner- emanate in Washington or locally, but McKinney in 1987; and third, restructuring the able. to draw on the social service, health programs in 1994 with Congresswoman ROU- So we come back with these fed. nutrition education and jobs programs KEMA. Today, we continue in that vein with this homeless programs, and the nature of that are supposed to be there to sup- bill, H.R. 217, which authorizes a significant this, McKinney program, which I have port the homeless. increase over this year's budgetÐan increase worked so hard on with many of my There are some good changes in this in outlays of $121 million in FY1999, $195 mil- colleagues over these years, is one in bill. Frankly, the type of categorical lion in FY2000, $364 million in FY2001, $667 which we are trying to build on the programs which provided many of the million in FY2002, and $784 million in FY2003. local governments and the nonprofits ideas, we wanted to see whether these Hopefully, we will follow through with the ap- and private sector effort, to establish programs worked and many of them propriations that would provide these specific and maintain a partnership. did work. Now we will have a homeless increases that will total a billion dollars a year This is not a 100 percent funding from plan prepared by the communities that to assist people who are homeless. Washington. In fact, it is very little will give us some direction, broad input For the record, let me briefly recite some of funding from Washington to deal with and a good policy path with flexibility. the history behind the consolidation of McKin- this problem compared to other efforts. Frankly, I think we need the perma- ney programs. Almost since their inception, We are proposing, and I hope we do nent housing in this measure. We need there were calls for simplification of the HUD H718 CONGRESSIONAL RECORD — HOUSE March 3, 1998 McKinney programs and for a change from the entitlement jurisdictions would never receive I again commend the Chairman for working competitive nature of the programs to a for- sufficient funding to engage in permanent with us on this bill. While the bill may not be mula allocation block grant. Attempts to alter housing projects with or without supportive the bill I would construct if left to my druthers, the nature of the funding allocation, however, services because the intense up-front funding overall it is more than acceptable to me and were not successful in Congress until 1994, in needs for permanent housing would com- I encourage Members to support H.R. 217 on part, because of the opposition of many Mem- pletely deplete the formula allocation of a juris- passage. bers, including myself, on the Banking Com- diction in one funding year. A national com- Mr. LAZIO of New York. Mr. Speak- mittee who felt strongly that block granting petition that still assures projects are tied to er, I yield 31⁄4 minutes to my friend, the would spread the limited McKinney dollars a local needs and plans will facilitate a more ef- gentleman from Delaware (Mr. CAS- mile wide and an inch deep and the fact that fective allocation of housing resources. TLE), the distinguished former Gov- the programs and innovative ideas ought to Second, the bill envisions that to meet the ernor of the State of Delaware and a have an opportunity to demonstrate their ef- matching requirements for the federal funds member of the Committee on Banking fectiveness. Moving to a block grant earlier es- that a community can choose between a 1:1 and Financial Services. sentially would have defunded these pro- match that allows volunteer services to be Mr. CASTLE. Mr. Speaker, I thank grams. counted, or a 1:2 match that does not permit the gentleman for yielding me this In 1994, however, we began to work on a volunteer services. Thus this measure incor- time. bipartisan basis with the special efforts of the porates a 1:1 match that I strongly support. It Mr. Speaker, I very much appreciate Administration to restructure the HUD McKin- will continue to allow non-profits to use impor- the opportunity of speaking to this. I ney programs into a block grant with some im- tant volunteer services as match. We should, think what the gentleman from New portant features. We were successful in pass- in my judgement, encourage volunteer partici- York (Chairman LAZIO) and the gen- ing that rewrite in the omnibus housing bill that pation and recognize its value. tleman from Massachusetts (Mr. KEN- was approved by the House, but never final- Thirdly, the bill includes a reauthorization of NEDY) have done on this, as well as the ized into law. Key among those were two fea- the FEMA Emergency Food and Shelter pro- gentleman from Massachusetts (Mr. tures: One a trigger point for reverting to com- gram that is authorized in Title III of the KENNEDY) and the gentleman from New petition so that if appropriations were to be too McKinney Act. This is a proven and popular York (Mr. LAFALCE), I think the work low, the funds would not be piece-mealed be- program in the Banking Committee's jurisdic- on this has been tremendous. It is yond the point of usefulness to entitlement tion that needs to be reauthorized, but doesn't strong leadership indeed for a compas- communities. Two, the legislation maintained require programmatic changes. This is a tre- sionate, imaginative and common permanent housing through the Section 8 mendous program that continues to provide sense style reform legislation. SRO program as a separate and distinct pro- great help nationwide for shelter and emer- Under the current system, about gram. Such a separate permanent housing gency meals. I would hope we could in the fu- three-quarters of Federal homeless component creating SRO or other housing, is ture work together to increase the level of funds are spent on emergency homeless necessary for production that is less likely to funding for this key program that works so well shelters in supportive services. The bill take place in a formula allocation because of with the national and local charities. in front of us, H.R. 217, encourages the higher capital needs and recurring costs Fourth, the bill re-empowers the Interagency communities to focus HUD homeless on an annual basis. Council on the Homeless, the chief inter- funds on affordable housing, which will In this measure before us, H.R. 217, a cou- agency body for federal assistance for per- give homeless persons a chance to be- ple of important compromises and changes sons who are homeless. It calls for rotating come productive members of our soci- were made through the legislative process chairs of the Council and sets aside money ety. from my standpoint. First, H.R. 217 maintains from the overall McKinney Title IV appropria- To a homeless person, permanent a national competition for the permanent hous- tion in order to fund the Council. This is imper- housing means safety and security that ing activities which include activities to con- ative in order to facilitate deliberations, coordi- cannot be found in homeless shelters. struct, rehabilitate, or acquire permanent hous- nation and needed improvements to our Safety and security are important ing structures. These activities can also in- homeless assistance programs. foundations on which a homeless per- clude the capitalization of a dedicated project Mr. Speaker, we began to work on a biparti- son can rebuild his or her life. account from which long-term assistance pay- san basis with the special efforts of the Clinton For too long, HUD has been the 911 ments, such as operating costs or rental as- Administration to restructure the HUD McKin- all-purpose agency for homeless issues. sistance, can be made in order to facilitate ney programs into a block grant in 1994. In the course of trying to provide serv- permanent housing for the homeless. In addi- Today we pick up on that effort and will hope- ices HUD should not be providing, HUD tion, the Committee agreed to allow up to 35% fully move the idea forward toward the objec- has overcommitted its McKinney Act of the funds available for the competition to be tive. H.R. 217 consolidates most of the pro- homeless funds. This unbalanced dis- used as if under section 441 of the McKinney grams, affords citizen and community involve- tribution of funds has left longstanding Act as in effect on October 31, 1997. That is, ment in the planning process, and maintains a successful homeless programs without Section 8 Moderate Rehabilitation for SRO competition for the permanent housing compo- the funds to operate. It has happened housing can still be produced under the na- nent. in every State to one degree or an- tional competition for the McKinney permanent I recognize the new concerns of the Depart- other, but let me share with Members housing program with a cap of no more than ment of Housing and Urban Development, and Delaware’s experience. 35% of the funds. This was included through hope that the discussions around our policy Under the current system, the a successful amendment that I offered in the differences will continue to strengthen the pro- McKinney homeless funds are distrib- Committee and I am appreciative of the sup- grams as we work toward enactment of a uted through a national competition. port of the Chairman for such amendment. McKinney reauthorization. I want to comment As was the case for Delaware in fiscal Every study and statistic I've seen on the topic the Secretary and his staff for their vision and year 1998, if an applicant fails to meet of homelessness is related to the lack of af- hard work toward improving the administration the cutoff point, the State and all its fordable housing and the need to establish of the McKinney programs as they exist today homeless programs must scrape to find permanent housing for homeless people. so that communities and persons who are funds to operate that year. As before, the Committee specifically chose homeless are better served. These McKinney The Ministry of Caring is a Delaware not to consolidate permanent housing activi- programs work by being pro-active. Unfortu- nonprofit homeless provider that raises ties into the flexible block grant. First and fore- nately, the number of homeless persons: men, half of its support from private sources most, in providing a separate competitive women and children, continues to mount. and relies on State and Federal funds funding mechanism for these programmatic Hopefully the root causes of homelessness, to provide the remainder. In Delaware activities, the Committee is assured that hous- both economic and social, will be addressed the name ‘‘Ministry of Caring’’ is syn- ing dollars are producing housing. Secondly, to correct this crisis. But until that occurs to a onymous with quality, compassionate the ebb and flow of funding needs for perma- greater extent, we must assist and reinforce housing and services for the homeless. nent housing development is such that com- the local governments and non-profit sector The Mary Mother of Hope House and munities may need large funding amounts in that attempts to cope and meet the needs of Samaritan Outreach Program are two one year and little or nothing in other years. people who are homeless in our nation. This homeless programs the Ministry of Conversely, if funds were to be allocated for reauthorization of the McKinney Act will do Caring may have to close this year, be- permanent housing under a block grant, many that. cause its application fell two points March 3, 1998 CONGRESSIONAL RECORD — HOUSE H719 shy of HUD’s cutoff in last year’s grant veterans of our country, and they I would like to work with the gen- competition due to a drafting error would get a notice and the accompany- tleman on trying to make sure we put over which the Ministry of Caring had ing protections that are afforded in some money into that bill as well. no control. other type loans. Mr. STEARNS. I commend the gen- While some may think a national b 1500 tleman from Massachusetts for his competition for grant money distrib- comments. I would be very happy to utes homeless funds to the most de- Mr. LAZIO of New York. Mr. Speak- work with him. The gentleman has serving programs, the fact is that it er, will the gentleman yield? been very active in this area, and I produces tremendous inefficiencies. Mr. TRAFICANT. I yield to the gen- think he is one of the leaders here in Each year, a homeless program faces tleman from New York. Congress on behalf of the homeless vet- the dilemma of whether it will receive Mr. LAZIO of New York. Mr. Speak- erans. a lot of Federal funds or none at all. er, I want to thank the gentleman for Mr. Speaker, the measure that I am This prevents these programs from en- being a tireless advocate on behalf of thinking about called for substantially gaging in efficient, long-term planning, veterans and to let him know that he increasing the funding for organiza- and encourages them to overstate their has my personal commitment that we tions that provide assistance primarily need. will look for a vehicle in which to ad- to homeless veterans, so that their Furthermore, as was the case with dress the gentleman’s concern, because share more closely approximates the the Ministry of Caring, if HUD spent his concern is my concern. proportion of veterans in the homeless funds in the past to help build houses Mr. TRAFICANT. It is in H.R. 2. I population. This is a goal I think we for the homeless, its investment and want to keep it there. need to keep in our sights and work your tax dollars go to waste when there Mr. LAZIO of New York. Mr. Speak- hard to achieve. are no funds to operate the program. er, I yield 3 minutes to the distin- As a member of the Committee on With H.R. 217, each State is assured a guished gentleman from Florida (Mr. Veterans’ Affairs and chairman of the minimal level of funding each year the STEARNS). Subcommittee on Health, I have seen programs can take into account when Mr. STEARNS. Mr. Speaker, I thank firsthand the kinds of problems that planning for the long run. At the same the gentleman for yielding time to me. lead to homelessness among those who time, H.R. 217 reserves 25 percent of the Mr. Speaker, studies indicate that have sacrificed for this country. I sup- McKinney funds for a national com- anywhere from 500,000 to 3 million port H.R. 217 but urge this body to do petition, so those programs which are American men and women are home- more to assist those organizations most deserving can still compete for less in any given day. That is a very which have targeted their efforts pri- additional funds. troubling problem, and I commend the marily at veterans. This is just another example of how work being done by the gentleman In passing, and in part of reference, I the Homeless Housing Programs Con- from New York (Mr. LAZIO) and all the wish to add my feelings on this on a solidation and Flexibility Act takes Members of the House subcommittee personal matter. Many of these home- the best features from existing pro- for what they are doing to correct this. less populations are down on their grams, and eliminates wasteful incen- I applaud their efforts in bringing H.R. luck. I know that is true. They have tives and duplicity in the current sys- 217 to the floor, the Homeless Housing had problems with their health. There tem. I encourage my colleagues to sup- Programs Consolidation and Flexibil- is something else that is occurring port this legislation. ity Act we have today. here, however. Many of the homeless Mr. KENNEDY of Massachusetts. Mr. I would like, however, to urge that have learning disabilities that make it Speaker, I yield 11⁄2 minutes to the gen- we also focus much more attention on very difficult for these persons to re- tleman from Ohio (Mr. TRAFICANT). the largest group of these homeless in- tain and keep a job, a job that is above Mr. TRAFICANT. Mr. Speaker, I sup- dividuals. This sort of ties in with the minimum wage. port the bill and I agree there are comment of the gentleman from Ohio So in the future, I hope Congress will working poor, women and many people (Mr. TRAFICANT). It is shocking to real- look at the impact of learning disabil- who are now homeless. I want to re- ize that veterans of services in our ities on homeless veterans and see mind the Congress of the United States Armed Forces represent approximately what we can do to help them in the that there are veterans who are home- one-third of all homeless men. Provi- early stages, so they do not end up as less as well. sions of H.R. 217 do acknowledge the part of the homeless population. I passed an amendment to H.R. 2 that plight of veterans among the ranks of Mr. KENNEDY of Massachusetts. Mr. requires that a housing counseling 45 the homeless, but while this bill is a Speaker, I yield 11⁄2 minutes to my day notice be given by the banks when good start, we really must do more for good friend, the gentlewoman from a delinquency rate is met, and I wanted our veterans. Florida (Mrs. MEEK). to have that put in this bill. But I have Mr. Speaker, during the 103rd Con- (Mrs. MEEK of Florida asked and was the assurances of the chairman that gress, the House Committee on Veter- given permission to revise and extend H.R. 2 and my language that would re- ans’ Affairs initiated and the Congress her remarks.) quire that VA loans and veterans would adopted a sense of the Congress regard- Mrs. MEEK of Florida. Mr. Speaker, I also get that 45 day notice, be kept in ing funding to support homeless veter- thank the gentleman for yielding time that bill. ans. to me. Mr. Speaker, I want to remind Mem- Mr. KENNEDY of Massachusetts. Mr. Mr. Speaker, to the good chairman, bers that money itself will not solve Speaker, will the gentleman yield? the gentleman from New York (Mr. the homeless problem. We must lever- Mr. STEARNS. I yield to the gen- LAZIO), and the ranking member, the age private sector money and we must tleman from Massachusetts. gentleman from Massachusetts (Mr. move towards competitive employment Mr. KENNEDY of Massachusetts. Mr. KENNEDY), I think I will be the only opportunities for underemployed peo- Speaker, I just wanted to commend the one here in the House today to speak ple. gentleman from Florida (Mr. STEARNS) against or in opposition to the bill. It It is not just destitute sick people on for his concern about the homeless vet- is a very hard thing to do, because of our streets. Many of them are under- erans. As we both serve on the Com- my respect for these two gentlemen employed and do not have an oppor- mittee on Veterans’ Affairs, it is also and the work that they have done here tunity for gain. appropriate for us to take those con- in the House on housing. So, Mr. Speaker, I commend the gen- cerns, I think, on to this new budget Mr. Speaker, we want all the home- tleman from New York (Chairman that we are going to be discussing in less to be helped, but imposing the LAZIO) for a great bill. I think it is a the Committee on Veterans’ Affairs same Federal mandates for the entire dynamic young subcommittee. The over the course of the next few days country may not be the best way to do gentleman is doing a great job. I want and to bring this up, because that is that, and I am hoping the committee to keep my language, and I want that one of the accounts in the Committee can look at this a little bit further as passed on so my housing counseling on Veterans’ Affairs budget that has this bill goes through and goes to the program would also be available to the been terribly underfunded this year. So Senate. H720 CONGRESSIONAL RECORD — HOUSE March 3, 1998 I include for the Record a letter from ance between local government’s submission posed. We are equally concerned as it would the HUD Secretary, Andrew Cuomo, a and homeless provider inclusion. un-do the significant local efforts that have letter from the mayor, Alex Penelas, Finally, our proposal is not designed to be helped so many. a block grant but rather a performance and a letter from the head of my hous- We support the current U.S. HUD funding grant. A synthesis which provides for the process and would urge you to consider the ing foundation, Alvah Chapman, in the formula-based distribution of a block grant significant adverse impact that H.R. 217 RECORD opposing the bill in its current and the performance mandate of a competi- would have in allowing us to serve the need- form. tion. We believe strongly that such an ap- iest of our community. The letters referred to are as follows: proach ensures an equitable distribution of Sincerely, U.S. DEPARTMENT OF HOUSING funds while protecting taxpayer’s invest- ALEX PENELAS, AND URBAN DEVELOPMENT, ment in efforts to address homelessness. Mayor. Washington, DC, February 25, 1998. In sum, we believe the current community- Hon. RICK LAZIO, driven process is preferable to an approach ONE HERALD PLAZA, Chairman, Subcommittee on Housing and Com- which would limit local decision-making and Miami, FL, March 2, 1998. munity Opportunity, Committee on Banking priority-setting by reestablishing Federal Hon. CARRIE P. MEEK, and Financial Services, mandates. U.S. House of Representatives, Washington, DC. We would still support a legislative solu- Washington, DC. DEAR MR. CHAIRMAN: Thank you for your tion if it removed the 30 percent permanent DEAR CONGRESSWOMAN MEEK: On Tuesday, letter of January 26, 1998, concerning the De- housing mandate, 35 percent supportive serv- March 3, 1998, the House of Representatives partment of Housing and Urban Develop- ices cap and monetary penalties, and more will consider legislation that will greatly ment’s position on current homelessness as- clearly protected not-for-profits and home- impact homeless assistance funding and the sistance legislation being considered by the lessness providers involvement in the Con- innovative programs that have made Miami- House of Representatives. The Department is solidated Planning and Continuum of Care Dade’s homeless strategy a national model. proud of the progress we have made through process. The proposed H.R. 217, under the sponsorship our homeless initiatives in recent years. Our Thank you for your continued efforts to of Representative Rick Lazio, seeks to con- results are clear: Because of better coordina- address the pressing needs of our nation’s solidate most homeless funding into a block- tion with local governments and comprehen- poor and homeless citizens. I look forward to grant formula. sive local planning, significantly more home- working with you in the coming months to I oppose this approach!! less persons are being helped, the capacity of strengthen our mutual efforts to address Communities such as Miami-Dade have non-profit providers has been enhanced, and these issues. been able to design successful programs substantially more non-HUD funding has Sincerely, using the current competitive funding for- been leveraged to address the problem of ANDREW CUOMO. mula which has given our community the homelessness. flexibility to direct funds to meet locally Policies implemented by HUD in recent METROPOLITAN DADE COUNTY, identified needs! years have eliminated the Federal top-down STEPHEN P. CLARK CENTER, Under the current approach, our commu- approach which resulted in a fragmented Miami, FL, February 27, 1998. nity has competitively received over $70 mil- array of housing and services. In place of Hon. Congresswoman CARRIE P. MEEK, lion in federal funds to implement innova- this failed approach, HUD has instituted the Washington, DC. tive programs. Complemented by a public/ Continuum of Care which awards homeless- DEAR CONGRESSWOMAN MEEK: On Tuesday, private partnership that has raised an addi- ness assistance funds based on comprehen- March 3, 1998, the House of Representatives tional $24 million, more than 4,000 new beds sive locally-developed plans and priorities will consider legislation that will greatly have or will be created for homeless families crafted by a broad cross-section of commu- impact homeless assistance funding and the and individuals. nity stakeholders, including housing and innovative programs that have made Miami- I am told that the U.S. HUD Secretary has service providers, government officials, the Dade’s homeless strategy a national model. expressed concern with Lazio’s approach to business community, the faith community, The proposed H.R. 217, under the sponsorship this matter and does not support H.R. 217. and homeless and formerly-homeless people. of Representative Rick Lazio, seeks to con- I support the current U.S. HUD funding The Department’s position is that H.R. 217 solidate most homeless funding into a block process and would urge you to consider the would compromise this success in several grant formula. This legislation was intro- significant adverse impact that H.R. 217 ways. First, whereas the current system al- duced in an effort to reduce the Federal would have in allowing us to serve the need- lows local control and community design, ‘‘top-down’’ approach which in past years re- iest of our community. H.R. 217 would impose top-down Federal sulted in an uncoordinated homeless housing By now, you have received a February 27 mandates. The mandatory set-aside for per- and service delivery system. Most recently, letter from Mayor Alex Penelas stating his manent housing would limit a local commu- however, U.S. HUD has required local composition in opposition to the Lazio approach nity’s flexibility to meet the needs it identi- munities to coordinate their efforts to fill (H.R. 217). I completely support the Mayor’s fies as priorities. The permanent housing their needs and gaps. Communities such as view on this. set-aside establishes an additional process Miami-Dade have been able to design suc- We have worked very hard to build a sys- and stream of funding. HUD has worked dili- cessful programs using the competitive fund- tem of care for the homeless in Dade County gently to provide communities with a single ing formula, which has given our community and H.R. 217 would do much to undo our ac- process with a single stream of funding. This the flexibility to direct funds to meet locally complishments. process currently allows communities to identified needs. Sincerely, fund essential permanent housing and does In addition to compromising this most re- ALVAH H. CHAPMAN, JR., not limit the percent of dollars spent on percent successful approach, the proposed legis- Chairman, Community Partnership for manent housing. lation has other elements that concern our Homeless, Inc. A second Federal mandate in the proposed local community, and would impact the ef- Mr. Speaker, I am hoping this will be legislation is the 35 percent services cap. fective and efficient delivery of services to a strong enough mandate so we can This mandate would once again limit a com- our homeless citizens. In particular, H.R. 217 munity’s flexibility to design its own pro- is intended to provide local control of fund- look at this a little further. This bill grams and approaches to addressing home- ing through a block-granting approach. In ef- consolidates the seven existing homelessness. If a community exceeds this cap, fect, however, this legislation includes Fed- less programs into one new program, H.R. 217 would impose a monetary penalty eral ‘‘top-down’’ mandates, such as manda- with 75 percent of the Federal funds by increasing the local match requirement. tory set-asides for permanent housing and a going to a new block grant program We do not believe local flexibility should be cap on funding for supportive services. These and 25 percent going to competitive constrained, or a locality penalized for meet- mandates would limit our community’s abil- permanent housing grants. The bill ing its priority needs. ity to develop strategies specific to address also imposes new mandates on the use Our third concern is that homelessness as- our community’s needs. Under the current sistance providers input and involvement in approach, our community has competitively of these funds, and takes away the designing the locality’s system is not suffi- received over $70 million in federal funds to flexibility from counties like Dade and ciently engaged in H.R. 217. HUD’s legisla- implement innovative programs. Com- some of the other counties that are tive proposal uses the Consolidated Planning plimented by a public/private partnership using innovative approaches to really process to ensure and protect not-for-profit that has raised an additional $24 million, develop their housing programs. and provider involvement in local homeless- more than 4,000 new beds have or will be cre- They have done a very good job with ness assistance planning efforts. We do not ated for homeless families and individuals. this. I hope the Senate and the com- believe the provisions of H.R. 217 ensure a As we understand, U.S. HUD has indicated balanced community process. The Depart- it will no longer propose a block-grant driv- mittee will look at this, and I hope ment believes critical elements of local Con- en funding plan and has eliminated this con- they will be able to add more flexibil- tinuum of Care planning must be explicitly cept from their appropriations request. The ity to this good bill. included in any homelessness assistance leg- U.S. HUD Secretary has expressed concern Mr. KENNEDY of Massachusetts. Mr. islation in order to establish a necessary bal- with the legislation as it is currently pro- Speaker, I ask unanimous consent to March 3, 1998 CONGRESSIONAL RECORD — HOUSE H721 extend the debate time by 2 minutes on Democrat and our chairman are both the gentleman from Massachusetts each side, because I would like to make in agreement. I know communities all (Mr. KENNEDY), who has been so much sure that the gentlewoman from Flor- over the country are going to be in in the forefront of this issue, if they ida (Mrs. MEEK) has the full debate agreement with what we are doing would allow me to have continued time. She asked for 2 minutes and I here, and most importantly, we are input on how this may impact some of only had 11⁄2 minutes. going to be freeing up resources that our local communities I would appre- Mr. LAZIO of New York. Mr. Speak- are currently spent on administrative ciate it. I think we are going in the er, I would join in that. costs to be spent on improving the right direction. Anytime we can help The SPEAKER pro tempore (Mr. lives of homeless people so they can cure the disease of homelessness, I SNOWBARGER). Is there objection to the live lives of greater dignity. think we are going in the right direc- request of the gentleman from Massa- It is a good bill. I am glad it is going tion. chusetts? to get unanimous support in this body. Mr. KENNEDY of Massachusetts. Mr. There was no objection. I thank the gentleman from New York Speaker, I yield myself such time as I The SPEAKER pro tempore. The gen- (Mr. LAZIO) and the gentleman from may consume. tlewoman from Florida (Mrs. MEEK) is Massachusetts (Mr. KENNEDY). In closing, Mr. Speaker, let me again recognized for an additional 30 seconds. Mr. KENNEDY of Massachusetts. Mr. congratulate the gentleman from New Mrs. MEEK of Florida. Mr. Speaker, Speaker, I yield 2 minutes to the gen- York (Mr. LAZIO) on an excellent piece if we were to keep these restrictions, it tlewoman from Texas (Ms. SHEILA of legislation. I want to thank the staff would have a very bad impact on the JACKSON-LEE). on the Republican side for their efforts, county. We have developed a very Ms. JACKSON-LEE of Texas. Mr. and I would also like to thank both strong public-private partnership under Speaker, I thank the gentleman from Angie and Rick on the Democratic side the people there in the county, like the Massachusetts for yielding time to me, for the efforts they made, and particu- mayor, and certainly $70 million in and I thank the gentlemen from Massa- larly to Scott Olson, who has worked Federal funds in Dade County have chusetts and from New York for the very hard on this piece of legislation. been joined with $24 million in local creativity and thinking on legislation In my final comment, Mr. Speaker, I funds, and we were able to create 4,000 that is very near and dear to my heart. just would hope that the gentleman new beds for the homeless families and In the many times we come to the from New York and I could agree to individuals. floor of the House, sometimes it is not take the next stage of this fight to the My point is we need more flexibility our place to give personal stories and Committee on Appropriations with, I so we can apply a stronger public-pri- anecdotes, but let me say in the city of hope, the gentleman from Iowa (Mr. vate match within our local commu- Houston I have spent time under the LEACH) and the gentleman from New nities. This bill would help the delivery bridges with homeless persons. I have York (Mr. LAFALCE), to make certain of services, particularly supportive spent time in the homeless shelters, I that the Committee on Appropriations services, to these homeless citizens. have seen the shanties that are built now follows through on the $1 billion Mr. LAZIO of New York. Mr. Speak- right here in the United States of request that has been unanimously er, I yield 11⁄2 minutes to the distin- America, confronting our homeless asked for by the Committee on Bank- guished gentleman from Connecticut citizens, dealing with the crisis of ing and Financial Services, and I hope (Mr. SHAYS). homelessness. by the body as a whole. Mr. SHAYS. Mr. Speaker, I thank the What I would say, Mr. Speaker, is Again, I want to congratulate the gentleman yielding time to me. that this is a step in the right direc- gentleman from New York (Mr. LAZIO), Mr. Speaker, I want to say with tre- tion. It is particularly a step in the wish him the best, and hope we have mendous gratitude that my prede- right direction because of the fact that more opportunity to work together in cessor, Stewart B. McKinney, cared it coordinates the needs of our home- the future. deeply about housing issues and the less veterans. I spend many a day in Mr. LAZIO of New York. Mr. Speak- provision of housing for people in need, the veterans’ hospitals talking to those er, I yield myself such time as I may particularly the homeless. I appre- who are now hospitalized, and as well, consume. ciated Congress’ desire to name the dealing with homeless veterans on the Mr. Speaker, I want to begin by em- McKinney Act after him, and am very streets. phasizing to the gentleman from Ohio supportive of what the gentleman from In fact, I participate in what we call (Mr. TRAFICANT), to let him know pub- New York (Mr. LAZIO) and the gen- ‘‘Standdown’’ in Houston, where we go licly that I am committed to his coun- tleman from Massachusetts (Mr. KEN- out and bring services to our homeless seling notification provisions in H.R. 2, NEDY) have done in consolidating seven veterans. If there was ever a greater and that I will work hard to make sure programs into a single block grant, sacrifice than those who have served it is part of the final product that is with emphasis on permanent housing our country in the military, it is com- moved through conference and hope- and coordination among other agencies ing home to be a homeless veteran. So fully to enactment. to leverage necessary supportive serv- I thank the committee for the leader- I am confident that H.R. 2 will come ices and greater local flexibility. ship in coordinating with the Veterans to fruition this year, and if need be, we I strongly support the bill’s focus on Administration in dealing with those will look for other vehicles in order to permanent housing and supportive persons who are veterans and homeless, address the gentleman’s concern. I services to help homeless families find as well as the opportunities for housing want the gentleman to know that. I re- and keep a permanent home. I appre- for our women and children and other spect him for his unwavering interest ciate the recognition on the part of homeless persons. in this particular issue. this Congress that the McKinney Act is Let me say, however, that I would Let me also thank once again so a very important part of our homeless like to add my concern and hopefully many people, Mr. Speaker, who helped effort, and that this act remains intact expression of interest in working with make this possible: The gentleman under his name. the committee, although I am not on from Florida (Mr. CANADY), who was Mr. KENNEDY of Massachusetts. Mr. the committee, on issues reinforcing truly a friend to the process, who Speaker, I yield 30 seconds to the gen- the continuum of care, looking again worked with us and the staff, and on tleman from Virginia (Mr. MORAN). at the caps and requirements and the the Democratic side, the gentleman Mr. MORAN of Virginia. Mr. Speak- suggestions on where the local commu- from New York (Mr. LAFALCE) and the er, I thank the gentleman for yielding nities use their funds. gentleman from Texas (Mr. GONZALEZ), me the time. We are all different, and years ago and our side of the aisle, the gentleman Mr. Speaker, I have no problems with Houston had one of the highest home- from Iowa (Mr. LEACH), and many of this bill. I have everything positive to less rates. We still have 10,000 persons the speakers who have been here and say about it. It is a terrific bill. It is on the streets. I know there are many spoken on behalf of this bill. exactly what we need to do. ways we confront those questions. Let me particularly thank, Mr. One of the even more compelling I would simply say to both the chair- Speaker, the many thousands of Amer- parts of it is the fact that our ranking man and certainly to my good friend, icans that every day get up to serve H722 CONGRESSIONAL RECORD — HOUSE March 3, 1998 the homeless. It is I think a very for- In a circumstance where Cobb county gressman KENNEDY, as well as a bi-partisan eign thought for many of us who we should have received upwards of six hundred coalition of concerned Members, who have have been blessed to grow up in more thousand dollars to benefit the homeless. In- worked hard to move homeless assistance affluent areas and with families that stead only one project worth eighty one thou- policy into the next century. have been intact and nurturing, to sand dollars were approved. Mr. LAZIO of New York. Mr. Speak- imagine that so many of our neighbors In a recent letter to Speaker GINGRICH, the er, I yield back the balance of my time. could live out on the streets in some of Cobb County Community Development Block The SPEAKER pro tempore (Mr. the coldest days of the year, not just Grant Program wrote the following: SNOWBARGER). The question is on the adults but people who are elderly, We do not understand why HUD chose to motion offered by the gentleman from young children, suffering on the streets ignore the needs of the sizable homeless pop- New York (Mr. LAZIO) that the House and outside. It is not part of an Amer- ulation in Cobb County, particularly when suspend the rules and pass the bill, ica that I envision for my children or local organizations have done such a good H.R. 217, as amended. job of carrying out local planning and co- for their neighbors or for Americans in ordination in compliance with HUD’s stated The question was taken. the next generation. objectives for the Continuum of Care proc- Mr. LAZIO of New York. Mr. Speak- b 1515 ess. Nor do we feel that HUD has been candid er, on that I demand the yeas and nays. in explaining why the project was not fund- The yeas and nays were ordered. I think we have before us the mak- ed. The SPEAKER pro tempore. Pursu- ings of a solution to the problems. One Mr. Speaker, H.R. 217 consolidates the ant to clause 5 of rule I and the Chair’s of the frustrations that we have in the seven existing homeless programs under HUD prior announcement, further proceed- Federal level, I think, is that we so and requires all Federal departments and ings on this motion will be postponed. often see the solutions, we know what agencies to coordinate homeless assistance. f they look like. In this case we know Wasteful duplication is eliminated and re- that community-based solutions work. sources are directed to those that need them GENERAL LEAVE We know that flexibility and creativity the most. Mr. LAZIO of New York. Mr. Speak- needs to be rewarded. We know that H.R. 217 also provides incentives for com- er, I ask unanimous consent that all reciprocity works. We know that the munities to confront homeless issues com- Members may have 5 legislative days services that help those people who prehensively. It emphasizes the importance of within which to revise and extend their were disabled because of mental illness partnerships among the variety of non-profit remarks and to include extraneous ma- or physical disability or because of developers and service agencies in dealing terial on H.R. 217. drug addiction or alcoholism, that with the special needs of homeless persons. The SPEAKER pro tempore. Is there those do not go away without some Mr. Speaker, by consolidating these pro- objection to the request of the gen- support and some help. And we know grams into block grants we can help give state tleman from New York? with help and with support that people and local governments the ability to fight the There was no objection. can make it to independence and self- problem of homelessness in a much more effi- f sufficiency. cient manner. In the end, H.R. 217 will ensure That is the name of the game, Mr. a better use of tax payer dollars and better SAM NUNN FEDERAL CENTER Speaker. It is not just to maintain peo- care for the homeless. Mr. KIM. Mr. Speaker, I move to sus- ple, but to help them transform to self- Mr. CAMPBELL. Mr. Speaker, I am pleased pend the rules and pass the bill (H.R. sufficiency; helping them to achieve a to rise in support of H.R. 217, the Homeless 613) to designate the Federal building quality of life that we would want if Housing Programs Consolidation and Flexibil- located at 100 Alabama Street NW, in somebody on the street were a member ity Act. The homeless crisis continues to be a Atlanta, Georgia, as the ‘‘Sam Nunn of our families; that we care enough to serious and growing problem, and this legisla- Federal Center,’’ as amended. make the effort to support the people, tion addresses it with common sense and The Clerk read as follows: the advocates, the people that manage compassion. homeless programs throughout Amer- Through passage of H.R. 217, Congress is H.R. 613 ica. recognizing the simple but unassailable prin- Be it enacted by the Senate and House of Rep- Mr. Speaker, we also know that we ciple that no one should live and die on the resentatives of the United States of America in Congress assembled, can do this in a more cost-effective streets. This legislation takes a number of SECTION 1. DESIGNATION. way. We know that throwing money at steps that Congress can and should take to The Federal building located at 61 Forsyth the problem alone will not solve it. We attack this problem. For starters, we provide Street SW., in Atlanta, Georgia, shall be known know that we need to be value-ori- for more effective delivery of McKinney Act and designated as the ‘‘Sam Nunn Atlanta Fed- ented, that we need to have a sense of Homeless Assistance programsÐprograms eral Center’’. success. We need to define success and which give direct assistance just to the home- SEC. 2. REFERENCES. we need to hold ourselves to that less. This bill consolidates the seven existing Any reference in a law, map, regulation, doc- standard. This is important work. This homeless programs under HUD and requires ument, paper, or other record of the United is about saving families and seniors better federal coordination of all homeless as- States to the Federal building referred to in sec- and adults, people that can be saved if sistance. It also provides incentives for com- tion 1 shall be deemed to be a reference to the we make the effort. munities to confront the homeless problem at ‘‘Sam Nunn Atlanta Federal Center’’. So, Mr. Speaker, I ask my colleagues the local level, where the decisions are the The SPEAKER pro tempore. Pursu- to support this important legislation, a best-informed. Non-profit developers and servant to the rule, the gentleman from product born of input from many, ice agencies will be given the tools to work to- California (Mr. KIM) and the gentleman many people, people that will not nec- gether in dealing with the special needs of from Ohio (Mr. TRAFICANT) each will essarily make the evening news or the homeless persons. control 20 minutes. front page of the newspapers but none- The bill provides for the better value in fed- The Chair recognizes the gentleman theless contribute to their neighbor- eral homeless spending while making our from California (Mr. KIM). hood in a very important way. Mr. most vulnerable population more self-suffi- Mr. KIM. Mr. Speaker, I yield myself Speaker, I ask my colleagues to sup- cient. Instead of the more expensive and less such time as I may consume. port this important bill to help the be- effective approaches of the past, we are able Mr. Speaker, House Resolution 613, ginning of the end for the homeless. to focus more attention on a coordinated, as amended, designates the Federal Mr. BARR of Georgia. Mr. Speaker, in my long-term vision for the homeless with con- building located in Atlanta, Georgia, as home county of Cobb Georgia we have seen crete results. There is simply no reason to fail the ‘‘Sam Nunn Atlanta Federal Cen- first hand the problems associated with the in providing shelter, whether permanent or ter.’’ Federal Government controlling the purse temporary, to people who have nowhere else Sam Nunn was born September 8, 1938 strings. to turn. Our homeless population, often in Houston County, Georgia. He re- In one case, due to a misunderstanding be- trapped in a cycle of hopelessness beyond its ceived his undergraduate degree from tween the national HUD office and the Re- control, deserves an innovative response from Emory University in 1960 and also his gional office Cobb County has been made to Congress. I applaud Chairman LEACH, Chair- law degree in 1962. During this time, he suffer. man LAZIO, Congressman VENTO, and Con- served in active duty in the United March 3, 1998 CONGRESSIONAL RECORD — HOUSE H723 States Coast Guard from 1959 to 1960 building now shall be named, Senator Sam Nunn, my constituent, my col- and then remained in the Coast Guard Nunn. I am proud to rise and support league for 2 years, and most impor- Reserve until 1968. the gentleman from California (Mr. tantly, my friend. Sam Nunn served in the Georgia KIM). Mr. TRAFICANT. Mr. Speaker, I House of Representatives from 1968 Mr. Speaker, I reserve the balance of yield such time as he may consume to until 1972. He was then elected to fill my time. the gentleman from Georgia (Mr. the vacant Senate seat of Richard B. Mr. KIM. Mr. Speaker, I yield 5 min- LEWIS), sponsor of the bill and an out- Russell and was reelected to the seat utes to the gentleman from Georgia standing leader on our side of the aisle. for four consecutive terms. (Mr. CHAMBLISS). Mr. LEWIS of Georgia. Mr. Speaker, In the Senate, Sam Nunn earned the Mr. CHAMBLISS. Mr. Speaker, I I thank the gentleman from Ohio, my respect of his colleagues for his exten- thank the gentleman from Ohio (Mr. friend, for yielding me this time, and I sive work and knowledge of defense TRAFICANT) for his kind comments thank the gentleman from California matters and his expertise on NATO, about my good friend and constituent, (Mr. KIM) as well as the gentleman nuclear weapons, and other military the Honorable Sam Nunn. from Ohio for their work to help us manpower. From 1987 to 1995, he served Senator Nunn distinguished himself honor Senator Sam Nunn, a fellow as Chairman of the Armed Services not only in this body that we serve in Georgian. Committee of the Senate. Through his now, the United States Congress, but Mr. Speaker, I believe we all recog- position on the Armed Services Com- from his early days as an All State bas- nize the tremendous accomplishments mittee, Senator Nunn was a vocal ad- ketball player at Perry High School in of Sam Nunn and his service in the vocate of a strong national defense and Perry, Georgia; through his days of law United States Senate. Sam Nunn was unwavering in his support for our men practice in Perry, Georgia; and through one of the true statesmen of that body and women in uniform. his days of service to the State of Geor- and is a source of pride to all Georgia. The designation of the Federal build- gia in the House of Representatives and Since winning election to Congress in ing in Atlanta in honor of Senator of course his days in the United States 1986, I have had many opportunities to Nunn is a fitting tribute to a distin- Senate. He is now distinguishing him- work with Senator Sam Nunn on sev- guished public servant. I support this self as a very fine lawyer in Atlanta, eral issues, and often benefited from legislation and urge my colleagues to Georgia. his experience, his counsel, and his sup- support the bill. Mr. Speaker, it was about 25 years port as we worked together. Mr. Speaker, I reserve the balance of ago along about this time of the year Since his election to the Senate in my time. that a fellow walked into my coffee 1972, Senator Nunn has served the Mr. TRAFICANT. Mr. Speaker, I club in Bull’s Restaurant in Moultrie, State of Georgia with honor and dis- yield myself such time as I may con- Georgia and introduced himself as Sam tinction. Senator Nunn worked to be- sume. Nunn and said he was running for the come the Senate’s foremost expert on Mr. Speaker, I too rise with great en- Senate. Nobody knew who Sam Nunn national security and international af- thusiasm to support this bill intro- was in our part of the world at that fairs. Senator Nunn served 8 years as duced by the gentleman from Georgia time. In fact, I myself was supporting the chairman of the Senate Armed (Mr. LEWIS), my friend, who recognized another Democratic candidate in the Services Committee and retired as the the outstanding contributions of Democratic primary. But it was not ranking Democrat on both the Armed former Senator Sam Nunn. long until everybody in the State rec- Services Committee and the Perma- He was elected in 1972, as stated ear- ognized the qualities of the young man nent Subcommittee on Investigations. lier by the gentleman from California, from Perry, Georgia. He went on to get Mr. Speaker, the naming of this and he quickly became one of the lead- the nomination and of course to win in building located in the heart of down- ing figures in all of American Govern- the general election in November, and town Atlanta will be a fitting tribute ment and is still recognized as an he served 24 years with honor in the to a great American and to a citizen of international expert on economic pol- United States Senate. the world, Senator Sam Nunn. For icy, national security affairs, and cer- Sam Nunn succeeded another honor- these reasons, I hope that the Federal tainly defense issues as they relate to able man, the Honorable Richard B. Center will soon bear the name of our America and the world. Russell, and Sam always admired and former Senator and colleague, Senator Senator Nunn was one of the most re- was inspired by the service of Senator Sam Nunn. spected Senators we have ever had. He Russell and looked up to him in a way Mr. BISHOP. Mr. Speaker, I rise today as a was known for his bipartisan efforts, a that a lot of us now look up to the cosponsor and supporter of this measure strong work ethic and working style service that Sam provided to our State. which would designate a building in downtown that made things happen, and such an Sam was well-known, as the gen- Atlanta as the Sam Nunn Federal Center. This immense grasp of very complex foreign tleman from Ohio said, on a number of is a fitting tribute to a friend who happens to issues that he many times helped to issues, primarily in the area of na- be one of the great Georgians and great mitigate problems that were developed tional security and defense. But his Americans of our time. therein. ideas and his thoughtfulness on every I am proud to have had the opportunity to He was also respectful of his office single issue that came before the serve with Senator Sam Nunn as a member of and he never tried to waste the tax- United States Senate was well thought the Georgia Congressional delegation for four payers’ dollars. out and well respected by his col- years. The benefit of his counsel and his Mr. Speaker, I want to make a state- leagues. In fact, Senator Nunn was way friendship, is one of the great privileges that I ment here. When I was chairman of the out front on the balanced budget issue have had in public life. Subcommittee on Public Buildings and before it was fashionable on the Hill to Senator Nunn has played a major role in Economic Development, this commit- talk in terms of balancing the budget shaping our times. He is, in fact, an historic tee, I opposed this building that is now of this country. figure. Our country is stronger and the world being named for Senator Nunn. We op- Today he continues that fight. He is freer and more secure because of his 12 posed it because it was going to be serves as cochairman of the Concord years of leadership as Chairman and Ranking leased for 30 years at a cost of $3 billion Coalition, and one of the main points Minority Leader on the Senate Armed Serv- without any owner equity for the that he advocates is continuing to hold ices Committee. In fact, no one played a big- American taxpayers at the end of that our feet to the fire to ensure that we do ger role in building our modern military infra- term. The gentleman from Tennessee continue along the lines of balancing structure than Senator NunnÐand that was (Mr. DUNCAN), my good friend, and I the budget of this country to make this one of the essential factors leading to the de- would not allow that. country a better place for our children mise of communism and the global spread of This project was constructed, I be- and our grandchildren. democracy. lieve, on a time schedule with a savings Mr. Speaker, it is a great pleasure for This native Georgian, an offspring of a of almost half a billion dollars to the me to rise today in support of this bill Houston County farm family, followed in the American taxpayer. That is fitting for naming the Federal building in At- footsteps of his uncle, Representative Carl the legacy of the man for whom this lanta, Georgia, after the Honorable Vinson, and legendary Senator Richard B. H724 CONGRESSIONAL RECORD — HOUSE March 3, 1998 Russell, both longtime chairmen of their re- a reference to the ‘‘Sam Nunn Federal Cen- (Mr. METCALF addressed the House. spective armed services committees who also ter’’. His remarks will appear hereafter in made historic contributions to national secu- MOTION OFFERED BY MR. KIM the Extensions of Remarks.) rity. He certainly did them proud. In carrying Mr. KIM. Mr. Speaker, I offer a mo- f on their tradition, he won the admiration of his tion. The SPEAKER pro tempore. Under a colleagues on both sides of the aisle and The Clerk read as follows: previous order of the House, the gen- achieved international recognition for helping Mr. KIM moves to strike all after the en- tleman from Georgia (Mr. KINGSTON) is secure peace and freedom throughout much acting clause of the Senate bill, S. 347, and recognized for 5 minutes. of the world. And he did it his wayÐnot with insert in lieu thereof the text of H.R. 613, as passed the House. (Mr. KINGSTON addressed the House. conflict and confrontation, but through the ex- His remarks will appear hereafter in ercise of quiet strength, deep knowledge, and Motion was agreed to. the Extensions of Remarks.) thoughtful statesmanship. The Senate bill was ordered to be While he will be most prominently remem- read a third time, was read the third f bered for his work on defense and national se- time, and passed. The SPEAKER pro tempore. Under a curity, Senator Nunn did much more. He The title of the Senate bill was previous order of the House, the gen- helped restore fiscal responsibility and effi- amended so as to read: ‘‘A bill to des- tleman from Texas (Mr. EDWARDS) is ciency in federal government, fought for land ignate the Federal building located at recognized for 5 minutes. conservation and the environment, attacked 61 Forsyth Street SW., in Atlanta, (Mr. EDWARDS addressed the House. drug abuse, and promoted a spirit of citizen- Georgia, as the ‘Sam Nunn Atlanta His remarks will appear hereafter in ship and patriotism in our state and across the Federal Center’.’’ the Extensions of Remarks.) country. A motion to reconsider was laid on f Again, I rise in strong support of this meas- the table. The SPEAKER pro tempore. Under a ure and I urge all of my colleagues to do the A similar House bill (H.R. 613) was previous order of the House, the gentle- same. laid on the table. woman from Florida (Ms. BROWN) is Mr. KIM. Mr. Speaker, I yield back f recognized for 5 minutes. the balance of my time. (Ms. BROWN of Florida addressed the Mr. TRAFICANT. Mr. Speaker, I rise GENERAL LEAVE House. Her remarks will appear here- in strong support of this bill, asking Mr. KIM. Mr. Speaker, I ask unani- after in the Extensions of Remarks.) for an ‘‘aye’’ vote, and I yield back the mous consent that all Members may balance of my time. have 5 legislative days within which to f The SPEAKER pro tempore. The revise and extend their remarks and to THE FEDERAL BUDGET question is on the motion offered by include extraneous materials on H.R. the gentleman from California (Mr. 613 and S. 347, the bills just passed. The SPEAKER pro tempore. Under KIM) that the House suspend the rules The SPEAKER pro tempore. Is there the Speaker’s announced policy of Jan- and pass the bill, H.R. 613, as amended. objection to the request of the gen- uary 7, 1997, the gentleman from Wis- The question was taken; and (two- tleman from California? consin (Mr. NEUMANN) is recognized for thirds having voted in favor thereof) There was no objection. 60 minutes as the designee of the majority leader. the rules were suspended and the bill, f as amended, was passed. Mr. NEUMANN. Mr. Speaker, today The title of the bill was amended so b 1530 CBO or the Congressional Budget Of- as to read: ‘‘A bill to designate the SPECIAL ORDERS fice, the agency that is responsible for Federal building located at 61 Forsyth tracking revenues and expenditures of The SPEAKER pro tempore (Mr. Street SW., in Atlanta, Georgia, as the the United States Government on be- SNOWBARGER). Under the Speaker’s an- ‘Sam Nunn Atlanta Federal Center’.’’ half of the House of Representatives A motion to reconsider was laid on nounced policy of January 7, 1997, and and the Senate, released a new set of the table. under a previous order of the House, estimates. And it does verify that for Mr. KIM. Mr. Speaker, I ask unani- the following Members will be recog- the first time since 1969, we are going mous consent that the Committee on nized for 5 minutes each. to have a surplus in fiscal year 1998. Transportation and Infrastructure be f This is great news for America. The discharged from further consideration The SPEAKER pro tempore. Under a first time since 1969, I was a sophomore of the Senate bill (S. 347) to designate previous order of the House, the gentle- in high school, the United States Gov- the Federal building located at 100 Ala- woman from Washington, D.C. (Ms. ernment spent less money than what bama Street NW, in Atlanta, Georgia, NORTON) is recognized for 5 minutes. they had in their checkbook. as the ‘‘Sam Nunn Federal Center’’ and (Ms. NORTON addressed the House. To me when I came here 3 years ago, ask for its immediate consideration in Her remarks will appear hereafter in this was deemed an impossible dream. the House. the Extensions of Remarks.) When we said we were going to balance The Clerk read the title of the Senate f the budget by the year 2002, people bill. The SPEAKER pro tempore. Under a looked at us, yawned and basically The SPEAKER pro tempore. Is there previous order of the House, the gentle- said, we do not believe you, because they had made so many broken prom- objection to the request of the gen- woman from Hawaii (Mrs. MINK) is rec- tleman from California? ognized for 5 minutes. ises in the past. Today we stand here There was no objection. (Mrs. MINK of Hawaii addressed the with final documentation and verifica- The Clerk read the Senate bill, as fol- House. Her remarks will appear here- tion that in fact the budget is not only lows: after in the Extensions of Remarks.) balanced, but we are running a surplus. CBO, the scoring agency or the agen- S. 347 f Be it enacted by the Senate and House of Rep- cy responsible for making predictions resentatives of the United States of America in The SPEAKER pro tempore. Under a here in Washington, is suggesting that Congress assembled, previous order of the House, the gen- we have about a 5, maybe a $10 billion SECTION 1. DESIGNATION OF SAM NUNN FED- tleman from California (Mr. FILNER) is surplus. I would like to go a step fur- ERAL CENTER. recognized for 5 minutes. ther than that. I believe the surplus is The Federal building located at 100 Ala- (Mr. FILNER addressed the House. much more significant than that. I be- bama Street NW, in Atlanta, Georgia, shall His remarks will appear hereafter in lieve that we will run a surplus in fis- be known and designated as the ‘‘Sam Nunn the Extensions of Remarks.) Federal Center’’. cal year 1998 in excess of $25 billion. f I think it is worth talking about SEC. 2. REFERENCES. Any reference in a law, map, regulation, The SPEAKER pro tempore. Under a where we are from a budgetary point of document, paper, or other record of the previous order of the House, the gen- view, where we are going to and espe- United States to the Federal building re- tleman from Washington (Mr. cially how Social Security fits into ferred to in section 1 shall be deemed to be METCALF) is recognized for 5 minutes. this overall picture because I have just March 3, 1998 CONGRESSIONAL RECORD — HOUSE H725 spent days in Wisconsin where we were lutely nothing but pay interest on the 1994, the people looked at this picture in about eight or nine different cities, Federal debt. and they said, we are really fed up with and everyplace I went, the Social Secu- When we think about a family earn- these broken promises. We need a rity issue came up. ing $40,000 to $50,000 a year from Wis- change in Washington, D.C. 1993 was So I would like to begin with where consin or anywhere else in the great the year we had the biggest tax in- we are today and how we got here. country that we live, when we think crease in American history. It was the Then I would like to look at what we about that family being required to year they looked at this picture and can do in the near future, and then I send in 580 bucks a month, an average said, the only way we can solve this big would like to look at the bigger picture family of five, to do absolutely nothing deficit that remains out there, in 1993– of where we are going to. but pay interest on the Federal debt, it 1994, it was still $350 billion of deficit, I would like to start today by just is a pretty staggering number. The that is, the government was spending taking a look at how fast and how rap- amazing thing is people do not even re- $350 billion more than it took in, they idly the Federal debt facing our Nation alize they are paying all this money in. looked at this picture and said, we has grown. What I have in this chart is One dollar out of every six that the know how to solve that. Let us go to I have a picture of the growing debt United States Government does abso- the American worker. Let us take facing the United States of America. It lutely nothing but pay interest on this more money out of their pocket. That can be seen that before 1980, the growth Federal debt. One dollar out of every way we can maintain Washington in this debt was pretty minimal. As a six the United States Government spending, and while we maintain Wash- matter of fact, it is not quite a flat spends does nothing but pay interest on ington spending, of course we will just line, but it did not grow very much be- this debt. collect more tax dollars from the tween 1960 and 1980. But from 1980 for- When a family does something as American people. That was the 1993 so- ward, the growth of the Federal debt is simple as buy a pair of shoes for the lution. So it was the broken promises very, very substantial. kids and the family, they go into that that led to 1993. That was the 1993 solu- As a matter of fact, when I left the store and they buy the pair of shoes. tion of raising taxes to solve this prob- private sector, I had never been in of- The store owner makes a profit on the lem. fice before, when I left the private sec- sale of that pair of shoes to the kids, What we found out in 1993, what I tor, we were about here on this chart. and when the store owner makes a knew all along because I was in the pri- I realized that if this growth pattern of profit on the sale of that pair of shoes, vate sector working our tail end off, Federal debt was not stopped, that our part of that profit gets sent to Wash- when we were in the private sector we children did not have a very bright fu- ington, and of course what it does is did not want government to take more ture in this great country we live in. nothing but pay interest on the Fed- money from the people to balance the So that is really the primary reason for eral debt. budget. That is not what we wanted. leaving the private sector and coming I emphasize that one dollar out of What we wanted was government to in, was to change this picture. every six that the United States Gov- control their own appetite for spend- Here today, if we had said a while ago ernment spends today goes to pay in- ing, to reduce the size of Washington that this was going to flatten out and terest on the Federal debt. Let me put and lead us to a balanced budget, not it was going to steady out here and ac- that a different way so it makes a lit- by higher taxes, but by less Washing- tually start coming back down because tle more sense. One dollar out of every ton spending. we are running a surplus, people would six that the United States Government So in 1993, the people saw this pic- not have believed us. As recently as 3 collects in tax revenue from our work- ture. They survived the tax increase, years ago, when we looked at 1980, at ing families all across America, one 4.3 cents a gallon for gasoline. It was the point at which the debt started dollar out of every six does absolutely not even spent to build roads. It was growing dramatically in this country, nothing but pay interest on that Fed- put into social welfare programs, So- all the Democrats blamed Ronald eral debt. cial Security tax increase, marginal Reagan and all the Republicans blamed I think the question begs asking, how tax bracket increases. The taxes went the Democrats for not being able to in the world did we get to this kind of up on virtually every American citizen control spending. a situation, where we are $5.5 trillion in that 1993 tax increase. Again, I would like to point out that in debt, $20,400 for every man, woman So what did the American people do? the fact of matter is that we are here and child and to a point where a family This is America and a great country. on this chart. It is not a Republican of five in America pays $580 a month to The people in this country had the op- problem. It is not a Democrat problem. do nothing but pay interest on the Fed- portunity to change that, and they did It is an American problem. The only eral debt? in the 1994 elections. In the 1994 elec- way we can solve this problem is if we When we look back at this picture tions they saw their way clear to put as Americans step forward and put how we got here, I have a picture here Republicans in charge of the House of forth solutions to the problems. That is of the Gramm-Rudman-Hollings Act, Representatives and the Senate for the what our last 3 years here in Washing- and most folks remember either the first time in a long, long time, 40 years ton have been all about. Gramm-Rudman-Hollings of 1985 or to be exact. Now we are 3 years into For Members that have not seen how maybe the one of 1987, or maybe they this changed group of people in charge large this debt is, I would like to point remember the 1990 budget deal. When of Washington or our government. out the number. We are $5.5 trillion in we look back in the past and how we I think the American people ought to debt today. Translation: If we divide got into this mess, time after time the be asking the question, is there really the debt by the number of people in the people that were in Washington prom- any difference, or are these people the United States of America, the United ised they were going to get to a bal- same, and are they breaking their States Government has literally bor- anced budget. This blue line on the promises like before? I would like to rowed $20,400 on behalf of every man, chart shows the Gramm-Rudman-Hol- answer that question. When we got woman and child in the United States lings promise of 1987, but the one for here in 1995, we laid out a plan again to of America, or for a family of five like 1985 is the same thing. They had a blue balance the budget. We said we were mine the United States Government line that said they were going to bal- going to get there by the year 2002. I has borrowed $102,000. ance the budget. 1987 is the one I have have to be honest with my colleagues, The real kicker in this picture is shown. The 1990 budget deal. They are what the people said, they yawned and down here on the bottom line. This is all the same. This red line shows you they said, yes, sure. We will believe it real debt. Just like any other debt in what actually happened to the deficit. when we see it. The time has come to the United States of America, interest The American people got very cyni- believe it. We not only got the job done is being paid on this debt. In fact, for a cal looking at this picture time and by 2002 as promised, we have actually family of five like mine, I have got time and time and time again. They hit our first balanced budget since 1969, three kids and a wife at home, for a had been promised a balanced budget, 4 years ahead of schedule. We not only family of five like mine, we are paying and it was not delivered by Washing- got the job done, I think it is very im- $580 a month every month to do abso- ton, D.C. and by our government. So in portant in the picture form to see that H726 CONGRESSIONAL RECORD — HOUSE March 3, 1998 the red line is now below the blue line; b 1545 a freshman in college, and they have that is, we are outperforming what we It is this distance from here to here two kids under the age of 17 still at said we would do as opposed to what that has put us in this wonderful posi- home. For that family, under the tax happened before we got here. tion where the budget is, in fact, bal- cut package, and they are a middle-in- It is a very, very different picture in anced for the first time in 30 years and come family; they did not tell me ex- Washington, D.C. Let me emphasize a tax cut has been provided for the first actly, but between 40,000 and 60,000 a this once more. For the first time since time in 16 years. year. That family with three kids at 1969, for the last 12 months running, And I would just mention that a lot home, one in college, a freshman, and the United States Government spent of folks say, well, we should not want two kids under the age of 17 still at less money than they had in their to be cutting taxes until we get the home, when they get a $400 credit on checkbook. This is a monumental ac- debt paid off. We should not be cutting the bottom line for each of the kids complishment, and it has been done in taxes, but then they put in a ‘‘be- still at home, that is $800 for the two 3 short years, well ahead of schedule, of cause.’’ I want to point out that the kids. what was initially promised in 1995 tax cut came about because instead of And they get a $1,500 assist for the when we got here. this blue column being way up here, college tuition. Because in a middle-in- An interesting thing happens, when I the spending growth rate being the am out in Wisconsin at a town hall come family in America today, sending same as it was before we got here, by meeting talking to our constituents a child off to college is very, very ex- bringing that growth rate down to about this. What happens is they go, pensive. So the tax cut package con- here, it provided money available to retained a provision that if a family has hey, MARK, the economy is so strong, duce taxes on working families all you politicians are taking credit and a child that is a freshman or sopho- across America. more in college, they can subtract you couldn’t have messed it up if you And does a tax cut matter? Some- tried. The facts are the economy is $1,500 off of what they would have sent times I get out there and people start to Washington and keep it in their own very strong. Lots of extra revenue is complaining that the tax code is so coming into the United States Govern- home to help pay that college tuition. complicated they do not even under- ment because hard-working American So for this family of five that we are stand the tax cut. Let me just walk families are busting their tail ends and talking about, two kids at home under through a couple of things that are being successful out there in the pri- the age of 17, and a freshman in col- very real to the folks in my district vate sector, and of course the more in- lege, this family of five is going to and to the folks all across America. keep $2,300 more in their home this come that they earn for their family, Let me start with the $400 per child. they send extra tax revenue to Wash- year rather than send it to Washing- And, remember, when we talk about ton. And again, when we ask a family ington. That is true, there is no ques- this $400 per child, it is less Washing- tion about it. like this do they really think Washing- ton, as seen in this picture. This dis- But that is not the end of the story, ton could have spent that money better tance from where this red column was, because between 1969 and today, there than they can; do they think Washing- have been other time periods in this down to here, is less Washington, so ton could make better decisions on how government where the economy was these families can keep more of their to spend that money or do they think strong and extra revenue came in. And own money in their own home. they can make those decisions them- A family with three kids, three kids every time in the past when Washing- selves, we have not found anybody in under the age of 17 from Wisconsin, ton got their hands on more revenue, Wisconsin that is willing to stand up earning $50,000 a year in that family. they figured out exactly what to do. and say send the money to Washington; Sounds like a lot of money? Well, They spent it. And that is the dif- we do not think we pay enough taxes, $50,000 a year and three kids is not a lot ference. and Washington knows best how to of money. It goes very fast. That fam- I brought a picture here to help see spend it better than we do. That just ily, under the tax cut package that was that a little easier and clearer. In the does not make sense in Wisconsin, and passed last year, will keep $1,200 more past, every time the economy got I do not believe it does anywhere in in their own home instead of sending it strong and extra revenues started com- this country. ing in, in the past every time that hap- out to Washington. Twelve hundred dollars is $400 per child more in the So I am happy to be here to talk pened, Washington just spent more about the things we have accom- money so that we still did not balance home instead of being sent to Washing- ton. plished. When we look to the past and the budget. That is why the budget has see the broken promises of Gramm– not been balanced since 1969. I always ask the question out there, too, and I show this kind of chart and Rudman-Hollings, promises repeatedly This government was different. The of a balanced budget that did not people that came here and were put in I say, look, we could have done more here in Washington. We could have occur, and then we look to the past charge in 1995 were different. NEWT where they raised taxes to try to solve GINGRICH, JOHN KASICH, some of the spent more money and kept this blue this problem, like in 1993, and then we others that were here deserve a lot of column up here even with the red col- compare that to the present, where for credit for this picture; BOB LIVINGSTON, umn so the spending growing was the the first time in 30 years we are actu- to mention another name. Before we same as it was before we got here. We ally spending less money than we have got here, growth in spending and this could have done more in Washington. in our checkbook, this is really great red column shows you how fast spend- We chose instead to let families keep news. The first time in 16 years taxes ing was going up before we got here in more of their own money. Then I ask if are coming down. 1995. In the face of this very strong we had spent more in Washington, in- economy with extra revenue coming in, stead of doing the tax cut package for Capital gains we did not mention be- the spending growth rate was reduced the families, 550,000 in Wisconsin alone fore, but for those people investing in to 3.2 percent in our first 3 years. So get to keep more of their own money, stocks and bonds and mutual funds all you see in the face of this strong econ- if we spent more in Washington, would over America, and by the way I hope omy sending extra revenue to Washing- we do a better job in Washington of they make a profit, because that is ton, instead of increasing the growth spending those families’ money than what investment is all about. It is not rate of spending, this government saw the families would themselves? There evil and rotten to invest in a stock or fit to decrease the growth rate of is not a single person anywhere we a bond or a mutual fund and make a spending. have seen so far that would be willing profit. That is not bad, that is good. It is a combination of the strong to stand up and say the United States And when they make the profit, the economy coupled with the reduced Government in Washington can do a capital gains tax rate has been reduced growth rate of Washington spending better job spending those families’ from 28 down to 20. And if they are in that has put us in the position where money than the families can. the lower income bracket, the rate has we have actually balanced the budget I will give another example of a fam- been reduced from 15 down to 10. for the first time in 30 years. And we ily from Wisconsin we had at a town So this idea of looking into the past have done its 4 years ahead of schedule. hall meeting. They have one in college, and seeing the broken promises and the March 3, 1998 CONGRESSIONAL RECORD — HOUSE H727 higher taxes and understanding some- home and we are sitting down to do our general fund, there is no money left to thing different is going on in Washing- bills, and we had $480 in our checkbook put down here in the Social Security ton today, I think that is a very impor- and we wrote out a check for $382, we trust fund. So what they do is put an tant idea as we look at the changes would in fact have $98 left in our IOU in the Social Security trust fund that have occurred out here since 1995. checkbook. That is Social Security instead. So we have what is called a balanced today. It is collecting $480 billion, pay- Now, it is important to understand budget. We have taxes coming down. I ing $382 out, and there is $98 billion that when Washington says they are think we have to ask ourselves what left. balancing the budget, what they mean next. And I think to answer that ques- Now, just as many people out there is that this circle right here is bal- tion we need to describe, and this is in America might be saving this $98 or anced. They mean that after the $98 not going to be quite as positive from $98 billion, in the case of the Social Se- billion has been put into the checkbook here on out, I think we need to keep it curity trust fund, for when they reach and then all the checks have been writ- in perspective. This is very positive retirement, so that when they do not ten out, that the remaining balance is thus far, and actually balancing the have enough money coming in they can zero. That is a balanced budget in budget 4 years ahead of schedule by go to that account that they have been Washington. The problem with that is Washington definition, that is good. building and saving over a period of there is still no money being put into And the definition they are using here time and get money out in order to the Social Security trust fund. in Washington is the same as it was all still pay their bills, that is how Amer- Now, in my business, in the home the way back to 1969. But we still have ican families do this all across our building business, if this would have some problems, and as we look to the country. Social Security is supposed to been the pension fund, we absolutely future we will have to address those work the same way. could not have gotten away with this. problems. We know in the not too distant fu- It would have been illegal and we To explain this, I want to start by de- ture that, when the baby boom genera- would have been arrested for doing fining exactly what is meant by a bal- tion gets to retirement, this number of this. But in Washington that is the way anced budget in Washington, D.C. Let dollars coming in as compared to the this program is set up. me preface this by saying I am a home number of dollars going out is going to I want to be specific on this, and builder and we had a home building turn around and the dollars coming in please do not shoot the messenger. We company. And we had employees work- is not going to be enough to pay the are trying to solve this problem. In ing with us in that company. And my dollars going out. That is when the some groups I am with in Wisconsin, I definition of a balanced budget in my problem hits in Social Security. almost feel like I am going to get shot home building company would be very Now, in Washington and in many when I tell them about what is going different than Washington’s definition government agencies, they have misled on. It is important to understand that of a balanced budget. our seniors into believing this does not what is going on down here is an IOU. But having said that, let me define happen until the year 2029. That is ab- It is a nonnegotiable, nonmarketable what Washington calls a balanced solutely not true. The amount of dol- Treasury bond. budget. Washington says their budget lars coming in versus the number of The significance of nonnegotiable- is balanced when the dollars collected dollars going out turns around in the nonmarketable is that when those two in taxes equal the dollars sent out in year 2012 and perhaps sooner. So what numbers that we just had up here turn checks. So if we look at all the dollars we are really saying here is that the around and there is not enough money coming into Washington, the dollars in shortfall occurs in Social Security in coming in for Social Security, we can- equals the dollars out. That is Wash- the year 2012. not take what is in this account and ington, or the government’s, definition Now, the reason they talk about 2029 sell it and get the money we need, or of a balanced budget. as opposed to 2012 is they assume be- we cannot go to our savings account Now, on the surface that makes a tween 2012 and 2029 that they can get and get the money out. pretty good amount of sense, but I their hands on this money that is sup- Now, in this town it is great. People want to get beneath the surface and posed to be in the savings account. run around and they say those IOUs are look at what is actually going on when Just like in our families when we run backed by the full faith and credit of we talk about this balanced budget. short, we go to the savings account, the United States Government, so why And let this not take any credit away get the money and put it into our should I question the value of those from reaching this point after 3 short checkbook and make good on our IOUs in the Social Security trust fund. years, but let us recognize we still have checks. I always ask the next question. They a very serious problem facing our coun- So once more through this. Today are backed by the full faith and credit try. there is 480 coming in, there is 382 of the United States Government, so The reason it is important to undergoing out, there is 98 supposed to go when we need the money in 2012 or stand that is because Social Security into a savings account. Between now sooner, where is the United States Gov- plays into this picture dramatically. In and 2012 these two numbers turn ernment going to get that money from the Social Security system, which is around and there is not enough money to make good on those IOUs? part of those dollars in and it is part of coming in, too much going out, and we That is when the lights begin to dawn those dollars out, what is going on in have to be able to get our hands on and they see how serious the problem Social Security today is the Social Se- that money in the savings account. is, because when we need that money curity system is collecting $480 billion Now, I find when I am out in my dis- in 2012 and perhaps sooner, and the out of the paychecks of workers all trict and I ask the next question, with United States Government has to make across America. $98 billion extra coming into Social Se- good on those IOUs, there is only a So when we look at our pay stubs and curity, what do you suppose the United very limited number of things that can see there has been money taken out for States Government does with that $98 happen. One is they could raise taxes Social Security, if we add up all the billion? I find that the people in my on our children and our grandchildren. money coming in for Social Security, district generally say they spend it. I do not find that very inviting. I think it is $480 billion. If we look at the And the people in my district are abso- the tax rate is too high as it stands. money being paid back out to senior lutely correct. The second thing they could do is put citizens in benefits, so we have 480 The $98 billion that has been taken in off the date when those IOUs come due. coming in, the amount going back out for Social Security goes into, think of And of course that could be done by to senior citizens in benefits is $382 bil- this as the big government checkbook changing benefits to our senior citi- lion. or the general fund. They then spend zens. I do not find that very desirable. The difference, the surplus, is $98 bil- all the money out of the general fund So if we do not raise taxes and we do lion if we are looking at just the Social and, at the end of the year, we have ac- not put off the date the IOUs come due, Security system. And again this is very tually been running deficits since 1969. what is the other option? The other op- important. It is pretty easy to under- So after that $98 billion comes in and tion really is to go into the private sec- stand. If this was our checkbook at they write all the checks out of the tor and start borrowing money out. H728 CONGRESSIONAL RECORD — HOUSE March 3, 1998 And when we start talking about that fun with this in Wisconsin. I ask the is fine. But what is wrong with that picture, we are right back to this chart question repeatedly, ‘‘Is there anyone picture is that when they start doing it I started with. in the room who thinks taxes are too simply so they can pay the extra tax I do not know of any American citi- low?’’ To their credit, no one has raised burden so the government can get big- zen that is going to suggest that the their hand and said, ‘‘Yes, I think taxes ger and bigger and bigger, that is what right solution to the Social Security are too low. Raise taxes, please.’’ is wrong with the picture. problem is to recreate this climbing So I think when we look at the prob- As we look ahead to the future, the debt chart that has been given to us lems that are still facing us as a Na- concept of reducing the tax burden, as over the last 15 to 20 years. I do not tion, taxes are too high, the Social Se- I know Speaker GINGRICH has called know of any American citizen that curity Trust Fund needs to be restored, for, from the 37 percent back to a 25 would contend that this is the right and we still have that $5.5 trillion debt percent, I would like to again lay this thing to do as we look to the future of hanging out there over our heads. To out as part of our vision for the future this great Nation. solve these problems we have intro- as we look forward in this country. So the question should be asked: duced a second piece of legislation. It Would it not be great if we could get to What are we doing about it? In our of- is called the National Debt Repayment a point where the tax burden on fami- fice we have introduced a piece of legis- Act. lies was again reduced to 25 percent or lation, it is called the Social Security As it relates to Social Security, let maybe even lower? Would it not be Preservation Act. It is bill number us remember that even if we start put- great if we could have a one-third re- H.R. 857. And this may seem pretty ob- ting away the cash from this year, we duction in the tax burden? vious to most people in America. I no- still have this $700 billion that is sup- What we are really saying here is that in the future the government tice when I am in Wisconsin, it seems posed to be in this, counted already, might do less and we might leave more to be an obvious solution. We simply that is IOUs. So when we start talking money in the pockets of people, and take that $98 billion that is coming in about this $5.5 trillion debt, part of it then if the people still want some of extra for Social Security and we put it is that money that has been taken out those extra services, they can make immediately into the Social Security of Social Security over the last 15 to 20 the decision that with the extra money trust fund. We do that by buying Treas- years. in their pocket, they go out and buy it. ury bonds, the same kind of thing that In the National Debt Repayment Act, But the concept is that government is any senior citizen could buy at any what we do is look at any surpluses less involved in the lives of the Amer- bank in the United States of America. coming into the United States Govern- ican people and the people get to keep The advantage of doing it this way: ment. We allocate two-thirds of those more of the money that they have Number one, we start reporting hon- surpluses to debt repayment, specifically restoring the Social Security earned. estly what is going on in the budget I might add that that is just one of Trust Fund. So two-thirds of it goes to process, because the money now does the problems that we face here in debt repayment, including Social Secu- not get into the big government check- Washington. It seems to me sometimes rity and prioritizing Social Security. book, or the general fund. And number we forget that the money we are talk- The other one-third is dedicated to re- two, when those numbers turn around ing about out here, it is not our money ducing taxes on working families all and there is not enough money coming here in Washington. That money be- across America. in and we have to make good on those longs to the hardworking Americans We are here in the present now, we IOUs, we will now have an asset in this who have earned that money, and it have our first balanced budget in near- trust fund, much like a savings ac- ought to be treated in that way and ly 30 years. As we look down the road count, that could simply be sold to with that respect. generate the money we need to make and think about these problems that I would like to just address a little good on the Social Security payments are still staring us in the face, a $5.5 bit more on the tax cut package that to seniors. trillion debt, the Social Security Trust has already been passed. I know I am So, again, the solution to this prob- Fund, taxes are too high, it seems to kind of jumping out of this vision for lem, and I am happy to say there are me to make sense that what we do is the future and back into the present, Democrats and Republicans both sup- dedicate two-thirds of our surpluses to but I would like to do this because I porting this bill, it is H.R. 857, it is debt repayment, prioritizing Social Se- find in Wisconsin that when I talk with called the Social Security Preservation curity, so we pay off the Social Secu- folks, a lot of them do not understand Act. I would encourage my colleagues rity notes, that is $700 billion that be- that a tax bill has been passed. I would that have not joined with us yet to join longs there, and we dedicate the other just like to run through just a few of us on this bill as soon as possible so one-third to the tax rate. the provisions that are in this tax cut that we get the support necessary to Let me just say on the tax rate, be- package because folks generally do not bring this bill to the floor of the House. cause I think this is very important, understand that this bill is already If this bill is passed, Social Security today we have a 37 percent tax burden passed. becomes solvent for our senior citizens on our working families. If you take all What happens, I find when I am all the way to the year 2029. Now, I the taxes paid in in this country, take there, is they kind of look at me al- might say after 2029 there is still a the State taxes, the property taxes, the most as a politician, and that scares problem, but at least between now and local taxes, the sales taxes and the gov- me because I am a home builder and a 2029, Social Security would once again ernment taxes, Washington govern- math teacher and not a politician. be solvent for our senior citizens. ment taxes, the tax burden on our fam- They start looking like, ‘‘You are mak- ilies today is 37 percent. Back in 1955 it ing us these promises, but are you real- b 1600 was about 25 percent. ly going to do any of this?’’ As we look at this picture, then, I The outcome of that is seen all The fact is the tax cut package is think it is reasonable to ask, we have through our society. Because the tax passed into law, it is done, it is on the got this balanced budget, at least on rates are so much higher than they books and it should be reflected in your balance by the definition that has been used to be, we find that our families current taxable income. Let me just used by the government over the last that would like to make decisions to start with the $400 per child tax credit. 30 years, where are we at and where are allow one parent to stay at home or I described this briefly before. Starting we going as a Nation in the future? one of the spouses to stay at home and this year, for every child under the age I think the first thing we need to rec- raise the children are forced into the of 17 with certain income limits, for ognize and do to solve the Social Secu- workplace because the tax rate is so moderate-income Americans, for every rity problem is our bill, H.R. 857, the high, and they wind up actually work- child under the age of 17, when you fig- Social Security Preservation Act. But ing just to pay more taxes. I under- ure out your taxes next year and you there are other problems still facing stand that in a lot of families both get down to the bottom line, how much our country. spouses want to work for whatever rea- you would have sent to the United One of the problems as I see it is son. They may want to work because States Government, you subtract $400 taxes are too high. I have been having they want a better life-style, and that off the bottom line. March 3, 1998 CONGRESSIONAL RECORD — HOUSE H729 If you have got a college student, a healthier life. Of course that elimi- Medicare, that somehow if the doctor freshman or a sophomore, again you nates the high cost burden on the provides that coverage and charges the figure out how much you would have Medicare system. patient, that the doctor is kicked out sent to Washington, but if that fresh- So instead of just throwing more of the Medicare program for 2 years. man or sophomore has spent more than money at Medicare and leaving the sys- Let me just say definitively that that $2,000 on room, board, books and tui- tem the way it was, we looked at what is absolutely not true. There are a lot tion, you subtract $1,500 off the bottom was going on and looked for better of different groups putting this infor- line. For juniors, seniors, grad stu- ways to spend the same money that mation out. It is absolutely not true. dents, et cetera, you subtract $1,000 or was being spent. In the diabetes situa- Let me give this in a specific exam- up to $1,000 off the bottom line. tion alone they are saying as much as ple. Let us just say someone had a For homeowners in America, and this $14 billion a year will be saved, and mammogram, and for whatever reason is a very dramatic change in the Tax again, let us not transform this into 3 months later they decided they would Code, if you have lived in your house Medicare cuts. By providing our sen- like a second one. Medicare says I am for 2 years or more and you sell it, iors with the opportunity to live a not going to cover the second mammo- there are no Federal taxes due. When healthier life by this advanced screen- gram. And the patient says, well, I we think about our senior citizens and ing for diabetes alone, we are talking want it done anyway and I will pay the the benefit to our senior citizens of about a $14 billion a year change in the doctor for doing it, and the doctor this Tax Code change, it is very, very cost of Medicare to the United States says, okay, I will do it. That is per- dramatic. Government. fectly legal. It is permitted. There are Many seniors took the old one-time That is not all, though. There are no repercussions back against the doc- 55 exclusion, sold the bigger home that also things like screening for breast tor. The doctor makes that decision to they raised their children in, bought a cancer, colon cancer, a wide variety of do it if the patient decides they would smaller home and are now ready for other preventive care was very similar like to pay for it outside of Medicare. whatever reason to go to some sort of to what I just described with diabetes. So specifically on things that are not different home, either a nursing home That was changed in Medicare. Rather covered under the Medicare program, if or some sort of skilled care facility. than just looking at Medicare and say- a doctor provides those services, there They are now selling this home, and ing, okay, we are going to raise taxes are absolutely no ramifications back they took that one-time exclusion back on the people and throw more money against the doctor. I just mention that when they were 55 and there would be at Medicare, we looked at how the as it relates to Medicare because we a gain, at least I hope there is a gain same dollars could be spent in a better have heard so many different stories on the house they have owned in the manner. That is very, very different when I have been out there in public. interim period. There are no longer any than the people that were here in con- So I am going back now to the Tax Federal taxes due on the sale of that trol in the past. It is a very different Code change and just a few other de- home. model for solving solutions as we go tails in it. One other one that is very Medicare, another dramatic change forward. important to me, I had mentioned cap- under the Tax Code and the revisions The other dramatic change in Medi- ital gains before but I did not mention that were written last year for senior care is, in the past the United States the adoption tax credit. I think this citizens. When I took office in 1995, Government in their wisdom said we really says something about where we Medicare was headed to bankruptcy. here in Washington know what is best are going as a Nation. The fix for Medicare in the past was al- for all our senior citizens, so we are I have got a lot of charts and graphs ways to go out to the American people going to develop this plan called Medi- here, and they talk about numbers, and and raise taxes. Our government in care and our seniors get the plan, like they are showing lines and different their wisdom was treating senior citi- it or not. What has happened in Medi- things that happened, but that is not zens in exactly the wrong way in solv- care is that now if our seniors do not really what this government is about. ing the problem of Medicare by simply like the government-run plan, they This government is about people. It is throwing more money at it. What we have the opportunity to take the same about values. It is about where we are needed to do is what has been done in money the government was spending going as a Nation, what kind of a coun- the last 3 years: sit down, look at the on their behalf in the government plan try we are going to have. It is about situation and see if there was not and use it to purchase private insur- how much government is going to be maybe a better way to do the same ance of their choosing. We not only re- involved. I think when we look at that, thing. vise the plan to make it much more ef- we need to understand that the govern- Let me give one example of how this fective providing preventive care to ment does, in fact, have a heart, and improvement took place. Diabetes is a seniors, we also put what type of insur- that we understand that there are major problem for seniors. What the ance and what type of medical cov- tough situations out there in a lot of government did in their wisdom is, erage they would like back in their places in this country. they waited until some sort of a com- hands where it belongs. We also should understand that when plication developed in diabetes. They I think what it says is really a state- we changed this Tax Code, we looked at would not pay for screening. What they ment of respect that we have for the the possibility of adoptions in this did is waited until something dramatic senior citizens in the United States. country. What we found is that to have happened to a senior, whether it was a Many of these senior citizens are the an adoption in America it costs rough- heart problem or an amputation or eye same people that fought in World War ly $10,000. So if we have got a middle- problems or any of the other negative II, that preserved this country and got income family, say they are earning outcomes from diabetes. Many of these it to where it is today, and those peo- $40,000 or $50,000 a year, and for what- things were treatable if they were ple deserve to be treated with that re- ever reason that family finds out they caught earlier. spect. cannot have their own children, $10,000 What the government was doing in While I am on Medicare, and it does might have been insurmountable in Medicare was saying, we are not going not directly relate to the changes of terms of adopting a child. to pay for screening diabetes that is de- last year, there are a lot of nasty ru- So what we did in the Tax Code is we stroying your life, but if you get good mors going on out there about what changed the Tax Code. There is now a and sick and you need a good and ex- has happened in Medicare: that if a cit- $5,000 tax credit to assist that middle- pensive procedure, then we will help izen, for example, would like a second income family with the process of you pay for it through Medicare. It is mammogram in a year, and Medicare adoption and paying the bills that are not only the right thing to do for the says you only can have one that is cov- involved in the adoption. health and the well-being of our senior ered but a citizen would like a second So this Tax Code change, it is not all citizens, to do the advanced screening, one, there is a lot of rumors going about numbers, and it is not all about it is also much more cost effective to around out there that if a citizen wants these charts I have here. There is a find the problem early and treat it to buy additional coverage for some large degree of feeling involved in early so the senior citizen can live a procedure that is not covered under these. And we recognize that things H730 CONGRESSIONAL RECORD — HOUSE March 3, 1998 like the $400 per child, leaving that from the organization that watches like to do, if they in their own wisdom money in the family’s home as opposed budgeting out here: We are, in fact, think that is better for their children. to having it out here in Washington, it running a surplus for fiscal year 1998. But the bottom line is to leave that is not just about numbers. It is about The first time since 1969, we are going money in the hands of the people that people. It is about the impact that this to have a budget surplus. earned it in the first place. money in the family will have on these b 1615 Would that not be a great vision for families. America? Paid off debts, so our chil- Another example on the $400 per Great news. Three years into this dren get a debt-free nation; a restored child, I was in with a group of people thing, we have done it by controlling Social Security trust fund for our sen- who had many of their children en- the growth of Washington spending. We ior citizens; and lower taxes, a one- rolled in parochial schools. I talked to have been effective enough at slowing third reduction in the overall tax rate them about the potential of govern- the growth rate of Washington spend- all across America? ment providing them some sort of tax ing, that we have not only gotten to a Lest anybody think we cannot do it, assistance for parochial schools. And balanced budget 4 years ahead of sched- I just remind the American people of right away, they reacted no, no, no, no, ule, we have been able to provide the what was said in 1995 when we were we do not want any government sup- American people with a tax cut. first elected. They said you cannot bal- port for our school. Because they are When I say ‘‘we provide,’’ shoot, it is ance the budget and lower tax. Here we afraid with government support come the American people that earn that are, three years into it, four years government rules and regulations that money. All we are doing out here in ahead of schedule, with the budget bal- may not match up with what our paro- Washington is saying keep more of anced, taxes coming down and Medi- chial schools are teaching, my own your own money. It is yours to start care restored. It can be done, if it is the kids included that go to a parochial with, just do not send it out here to will of the people, and if the people get school. Washington. The present, the present actively involved in making sure that So I explained to them how the $400- has a balanced budget for the first time this government does what they want per-child tax credit allowed them to since 1969; The present, the present is this government to do. lower taxes for the first time in 16 make the decision on what they were f going to use their own $400 for. If they years; the present, the present is a re- choose to use that $400 to help pay tui- stored Medicare, and done the right RECESS way, with feeling and understanding tion at a parochial school, well, so be The SPEAKER pro tempore. Pursu- it. That is money that would have been for our senior citizens. The future. As we look forward to ant to clause 12 of rule I, the Chair de- sent to Washington that is now in their clares the House in recess until ap- home, and they can then choose to this, we have 3 major problems remaining. The first is we still have a $5.5 tril- proximately 5 p.m. make the decision to send their kids to Accordingly (at 4 o’clock and 17 min- a parochial school if they so desire. But lion debt staring us in the face; the second is the Social Security money that utes p.m.), the House stood in recess it is not Washington telling them what until approximately 5 p.m. to do with the money, and it is not needs to be put aside for Social Secu- Washington telling their parochial rity; and the third is taxes are still too f high. school what to teach in their school, b 1700 but, rather, it is now the parents in So as we look down the road to the their own home making the decision as future in this great nation, the Na- AFTER RECESS to how to spend their own money. tional Debt Repayment Act which we The recess having expired, the House I would like to wrap up my time here have introduced in our office, bill num- was called to order by the Speaker pro ber H.R. 2191, takes two-thirds of any on the floor today with kind of just a tempore (Mr. LATHAM) at 5 p.m. brief summary of some of the things we surpluses that develop and it uses it to f have talked about. We have looked at pay off the debt. Prioritizing, repay- the past, and we have looked at how in ment to the Social Security Trust SUNDRY MESSAGES FROM THE the past we had a series of broken Fund for our senior citizens. PRESIDENT promises to balance the budget. The good news under this bill is that Sundry messages in writing from the Before 1994, we had Gramm-Rudman- by the year 2026, and maybe sooner, we President of the United States were Hollings, the budget deal of 1990. We will have repaid the entire Federal communicated to the House by Mr. looked at how, in 1993, they reached debt that will restore the Social Secu- Sherman Williams, one of his secretar- the conclusion on how to solve this rity trust fund for our senior citizens ies. problem. Rather than control Washing- and it will allow us as a generation to ton spending, the conclusion was to pass this country on to our children f debt-free. reach into the pockets of American HOMELESS HOUSING PROGRAMS I can think of no higher goal that we citizens. I know for all the people out CONSOLIDATION AND FLEXIBIL- might have in this government today there, it was not the first time. I know ITY ACT it was part of the 1990 deal. I know it than to work to a point where we repay was part of the 1993 deal. But I also the Federal debt so our children can in- The SPEAKER pro tempore. The know that every time they reached in herit a Nation that is absolutely debt- pending business is the question of sus- the pockets and took more money out free. In doing so, we also restore the pending the rules and passing the bill, here to Washington, all it did was Social Security trust fund for our sen- H.R. 217, as amended. allow them to spend more out here in iors. The Clerk read the title of the bill. Washington, and that is not what the The other one-third of the surpluses The SPEAKER pro tempore. The people wanted. that are developing, let us use those to question is on the motion offered by That path of broken promises of the lower taxes, and let us set our vision the gentleman from New York (Mr. balanced budget and the path of higher for the future that we get the tax rate LAZIO) that the House suspend the taxes, that is over. It ended in 1994 from 37 back to 25 percent. Would it rules and pass the bill, H.R. 217, as when the American people stepped up not be great if one-third of all taxes amended, on which the yeas and nays to the plate and said enough is enough, paid by all Americans at every level of are ordered. it is going to stop. They put a new government was reduced, and those The vote was taken by electronic de- group in charge out here in Washing- American citizens could keep it in vice, and there were— yeas 386, nays 23, ton. their own pocket to decide what they not voting 21, as follows: We are now 3 years into that new would like to do with it, whether it be [Roll No. 26] group. The new group has brought us a to help their children, whether it be to YEAS—386 balanced budget, not in 2002 as prom- put their kids through college, whether Abercrombie Allen Armey ised, but 4 years ahead of schedule. The it be to provide their kids with a pri- Ackerman Andrews Bachus announcement today, great news, CBO, vate school, if that is what they would Aderholt Archer Baesler March 3, 1998 CONGRESSIONAL RECORD — HOUSE H731 Baker Fawell Levin Roybal-Allard Snyder Traficant DEPARTMENT OF HOUSING AND Baldacci Fazio Lewis (CA) Sabo Solomon Turner Ballenger Filner Lewis (GA) Sanchez Souder Upton URBAN DEVELOPMENT 1996 AN- Barcia Foley Lewis (KY) Sanders Spence Velazquez NUAL REPORT—MESSAGE FROM Barr Forbes Linder Sandlin Spratt Vento THE PRESIDENT OF THE UNITED Barrett (NE) Ford Lipinski Sanford Stabenow Visclosky STATES Barrett (WI) Fossella Livingston Saxton Stark Walsh Bartlett Fowler LoBiondo Schaefer, Dan Stearns Waters The SPEAKER pro tempore laid be- Barton Fox Lofgren Schaffer, Bob Stenholm Watkins fore the House the following message Bass Frank (MA) Lowey Schumer Stokes Watt (NC) from the President of the United Bateman Franks (NJ) Lucas Scott Strickland Watts (OK) Becerra Frelinghuysen Maloney (NY) Serrano Stump Waxman States; which was read and, together Bentsen Frost Manton Sessions Stupak Weldon (FL) with the accompanying papers, without Bereuter Furse Markey Shaw Sununu Weldon (PA) objection, referred to the Committee Berman Gallegly Martinez Shays Talent Weller Berry Ganske Mascara Sherman Tanner Wexler on Banking and Financial Services: Bilbray Gejdenson Matsui Shuster Tauscher Weygand To the Congress of the United States: Bilirakis Gekas McCarthy (MO) Sisisky Tauzin Whitfield Bishop Gephardt McCarthy (NY) Skaggs Taylor (MS) Wicker Pursuant to the requirements of 42 Blagojevich Gibbons McCollum Skeen Taylor (NC) Wise U.S.C. 3536, I transmit herewith the Bliley Gilchrest McCrery Skelton Thomas Wolf 32nd Annual Report of the Department Slaughter Thompson Woolsey Blunt Gillmor McDade of Housing and Urban Development, Boehlert Gilman McDermott Smith (MI) Thornberry Wynn Boehner Goode McGovern Smith (NJ) Thune Yates which covers calendar year 1996. Bonilla Goodlatte McHale Smith (OR) Thurman Young (AK) WILLIAM J. CLINTON. Smith (TX) Tiahrt Young (FL) Bonior Goodling McHugh HE HITE OUSE Smith, Adam Tierney T W H , March 3, 1998. Borski Gordon McIntyre f Boswell Goss McKeon Snowbarger Towns Boucher Graham McKinney NAYS—23 INTERAGENCY ARCTIC RESEARCH Boyd Granger McNulty Brady Green Meehan Blumenauer Diaz-Balart Rivers POLICY COMMITTEE BIENNIAL Brown (CA) Greenwood Meek (FL) Cannon Duncan Royce REPORT—MESSAGE FROM THE Brown (FL) Gutierrez Meeks (NY) Chenoweth Hostettler Ryun PRESIDENT OF THE UNITED Coble Jones Sawyer Brown (OH) Hall (OH) Menendez STATES Bryant Hall (TX) Metcalf Cox Manzullo Sensenbrenner Bunning Hamilton Mica Crane McIntosh Shadegg The SPEAKER pro tempore laid be- Burr Hansen Millender- DeFazio Miller (FL) Wamp DeLay Paul fore the House the following message Burton Hastert McDonald from the President of the United Buyer Hastings (FL) Miller (CA) NOT VOTING—21 Callahan Hastings (WA) Minge States; which was read and, together Calvert Hayworth Mink Christensen Maloney (CT) Salmon with the accompanying papers, without Doolittle McInnis Scarborough Camp Hefley Moakley objection, referred to the Committee Campbell Herger Mollohan Gonzalez Neal Schiff Canady Hill Moran (KS) Gutknecht Poshard Shimkus on Science: Cardin Hilleary Moran (VA) Harman Ros-Lehtinen Smith, Linda To the Congress of the United States: Carson Hilliard Morella Hefner Roukema Torres Luther Rush White As required by section 108(b) of Pub- Castle Hinchey Murtha lic Law 98–373 (15 U.S.C. 4107(b)), I Chabot Hinojosa Myrick transmit herewith the Seventh Bien- Chambliss Hobson Nadler b 1725 Clay Hoekstra Nethercutt nial Report of the Interagency Arctic Clayton Holden Neumann Mr. WAMP and Mr. MILLER of Flor- Research Policy Committee (February Clement Hooley Ney ida changed their vote from ‘‘yea’’ to Clyburn Horn Northup 1, 1996 to January 31, 1998). Coburn Houghton Norwood ‘‘nay.’’ WILLIAM J. CLINTON. Collins Hoyer Nussle Mr. WYNN changed his vote from THE WHITE HOUSE, March 3, 1998. Combest Hulshof Oberstar ‘‘nay’’ to ‘‘yea.’’ f Condit Hunter Obey So (two-thirds having voted in favor Conyers Hutchinson Olver 1998 NATIONAL DRUG CONTROL thereof) the rules were suspended and Cook Hyde Ortiz STRATEGY—MESSAGE FROM THE Cooksey Inglis Owens the bill, as amended, was passed. PRESIDENT OF THE UNITED Costello Istook Oxley The result of the vote was announced Coyne Jackson (IL) Packard STATES Cramer Jackson-Lee Pallone as above recorded. Crapo (TX) Pappas A motion to reconsider was laid on The SPEAKER pro tempore laid be- Cubin Jefferson Parker the table. fore the House the following message Cummings Jenkins Pascrell from the President of the United Cunningham John Pastor Danner Johnson (CT) Paxon f States; which was read and, together Davis (FL) Johnson (WI) Payne with the accompanying papers, without Davis (IL) Johnson, E. B. Pease objection, referred to the Committee Davis (VA) Johnson, Sam Pelosi PERSONAL EXPLANATION Deal Kanjorski Peterson (MN) on the Judiciary, Committee on Agri- DeGette Kaptur Peterson (PA) Mr. GUTKNECHT. Mr. Speaker, due to ill- culture, Committee on Banking and Fi- Delahunt Kasich Petri ness, I was in Minnesota today and unable to nancial Services, Committee on Com- DeLauro Kelly Pickering vote on H.R. 217, the ``Homeless Housing merce, Committee on Education and Deutsch Kennedy (MA) Pickett Programs Consolidation and Flexibility Act.'' Dickey Kennedy (RI) Pitts the Workforce, Committee on Govern- Dicks Kennelly Pombo Had I been present, I would have voted in ment Reform and Oversight, Commit- Dingell Kildee Pomeroy support of H.R. 217. tee on International Relations, Com- Dixon Kilpatrick Porter mittee on National Security, Commit- Doggett Kim Portman f Dooley Kind (WI) Price (NC) tee on Resources, Committee on Trans- Doyle King (NY) Pryce (OH) portation and Infrastructure, Commit- Dreier Kingston Quinn REMOVAL OF NAME OF MEMBER tee on Veterans’ Affairs, and Commit- Dunn Kleczka Radanovich Edwards Klink Rahall AS COSPONSOR OF H.R. 2495 tee on Ways and Means: Ehlers Klug Ramstad Mr. WATT of North Carolina. Mr. Ehrlich Knollenberg Rangel To the Congress of the United States: Emerson Kolbe Redmond Speaker, I ask unanimous consent that On behalf of the American people, I Engel Kucinich Regula my name be removed as a cosponsor of am pleased to transmit the 1998 Na- English LaFalce Reyes H.R. 2495, the Higher Education for the tional Drug Control Strategy to the Con- Ensign LaHood Riggs Eshoo Lampson Riley 21st Century Act. gress. The 1998 Strategy reaffirms our Etheridge Lantos Rodriguez The SPEAKER pro tempore (Mr. bipartisan, enduring commitment to Evans Largent Roemer LATHAM). Is there objection to the re- reduce drug use and its destructive Everett Latham Rogan quest of the gentleman from North consequences. Ewing LaTourette Rogers Farr Lazio Rohrabacher Carolina? This year’s Strategy builds upon the Fattah Leach Rothman There was no objection. 1997 Strategy and is designed to reduce H732 CONGRESSIONAL RECORD — HOUSE March 3, 1998 drug use and availability in America in drug use is beginning to stabilize, and property owners to pay wetlands ex- half over the next 10 years—a historic in some respects in even declining. And perts to mitigate the impact their de- new low. This plan has been developed indications are that the methamphet- velopment will have on wetlands. under the leadership of General Barry amine and crack cocaine epidemics, Those experts, working with regu- McCaffrey, Director of National Drug which in recent years were sweeping lators, do the mitigation in banks of Control Policy, in close consultation the Nation, have begun to recede. land which are set aside, restored to with the Congress, the more than 50 However, we must not confuse wetland status and, most importantly, Federal agencies and departments in- progress with ultimate success. Al- enhanced. volved in the fight against drugs, the though youth drug use has started to This concept has been embraced by dedicated men and women of law en- decline, it remains unacceptably high. regulators, developers and the con- forcement, and with stakeholders— More than ever, we must recommit servation community. It is an improve- mayors, doctors, clergy, civic leaders, ourselves to give parents the tools and ment upon traditional mitigation, parents, and young people—drawn from support they need to teach children which simply is not working because it all segments of our society. that drugs are dangerous and wrong. is too expensive, time consuming and I am also proud to report that we That is why we must improve the Safe ineffective. Approximately 90 percent have made real and substantial and Drug-Free Schools program, and of on-site mitigation is unsuccessful. progress in carrying out the goals of other after school initiatives that help Mitigation banking, on the other hand, the 1997 Strategy. Working with the keep our kids in school, off drugs, and creates complete ecosystems. Congress, we have begun the National out of trouble. We must hire 1,000 new Anti-Drug Youth Media Campaign. border patrol agents and close the door Regulators usually require that more Now when our children turn on the tel- on drugs at our borders. We must re- wetlands be restored in a bank than are evision, surf the ‘‘net,’’ or listen to the double our efforts with other nations destroyed in a development project. radio, they can learn the plain truth to take the profits out of drug dealing For example, in some parts of the about drugs: they are wrong, they put and trafficking and break the sources South that ratio is 4 to 1, meaning that your future at risk, and they can kill of supply. And we must enact com- 4 acres of land must be restored for you. I thank you for your vital support prehensive bipartisan tobacco legisla- each acre that was destroyed. So in- in bringing this important message to tion that reduces youth smoking. stead of only trying to protect the re- America’s young people. These and other efforts are central ele- maining wetlands with mitigation Together, we enacted into law the ments of the 1998 National Drug Control banking, we are actually increasing Drug-Free Communities Act of 1997, Strategy. wetlands acreage. What is more, be- which will help build and strengthen With the help of the American public, cause mitigation banks give economic 14,000 community anti-drug coalitions and the ongoing support of the Con- value to wetlands, potentially billions and brought together civic groups— gress, we can achieve these goals. In of private sector dollars could flow into ranging from the Elks to the Girl submitting this plan to you, I ask for restoring wetlands in sensitive water- Scouts and representing over 55 million your continued partnership in defeat- sheds. Americans—to form a Civic Alliance, ing drugs in America. Our children and Mitigation banking is already being targeting youth drug use. By mobiliz- this Nation deserve no less. implemented in several areas through- ing people and empowering commu- WILLIAM J. CLINTON. out our Nation. The problem is there is nities, we are defeating drugs through THE WHITE HOUSE, March 3, 1998. no statutory authority to guide miti- a child-by-child, street-by-street, and f gation bankers. Let me repeat that, neighborhood-by-neighborhood ap- b 1730 Mr. Speaker: The problem is there is no proach. statutory authority to guide mitiga- We have also helped make our streets SPECIAL ORDERS tion bankers. Thus investors are hesi- and communities safer by strengthen- tant to supply the money needed with- ing law enforcement. Through my Ad- out legal certainty. ministration’s Community Oriented WETLANDS RESTORATION AND Police (COPs) program, we are helping IMPROVEMENT ACT For this reason, I have introduced put 100,000 more police officers in The SPEAKER pro tempore (Mr. the Wetlands Restoration and Improve- ment Act, H.R. 1290. The legislation, towns and cities across the Nation. We LATHAM). Under a previous order of the are taking deadly assault weapons out House, the gentleman from North Caro- one, requires the bank to meet rigorous financial and legal standards to ensure of the hands of drug dealers and gangs, lina (Mr. JONES) is recognized for 5 making our streets safer for our fami- minutes. that wetlands are restored and preserved over the long term; secondly, lies. We have taken steps to rid our Mr. JONES. Mr. Speaker, I rise to- provides for ample opportunity for prisons of drugs, as well as to break the night to talk about our Nation’s wet- meaningful public participation; and, vicious cycle of drugs and crime. These lands and a bill I have introduced to third, ensures that the bank itself has efforts are making a difference: violent protect and expand these national a credible, long-term operation and crime in America has dropped dramati- treasures. I represent a district in east- maintenance plan. cally for 5 years in a row. ern North Carolina which includes a Over the last year, the United States majority of the State’s coast and 4 This legislation is the common-sense, and Mexico reached agreement on a major river basins. According to the balanced approach America needs to mutual Threat Assessment that defines Federal Government, 65 percent of the protect both our valuable wetlands and the scope of the common threat we area can be classified as wetlands. the rights of property owners. I hope face; and, an Alliance that commits our Clearly wetlands are very important to my colleagues, Mr. Speaker, in the great nations to defeating that threat. me and to the citizens of my district. House will look seriously at cosponsor- Soon, we will sign a bilateral Strategy Eastern North Carolina appreciates ing this legislation. that commits both nations to specific the beauty and value of wetlands as actions and performance benchmarks. much if not more than anybody else. f Our work to enhance cooperation with- They understand the importance of in the hemisphere and worldwide is al- wetlands to the environment, to water TOWARD A FAIRER, FLATTER AND ready showing results. For example, quality and to the life they support. SIMPLER TAX SYSTEM Peruvian coca production has declined Eastern North Carolinians also want to by roughly 40 percent over the last 2 respect the rights of property owners, The SPEAKER pro tempore (Mr. years. In 1997, Mexican drug eradi- and therefore have reached for a bal- TIAHRT). Under a previous order of the cation rates reached record levels, and anced approach to protecting our wet- House, the gentleman from California seizures increased nearly 50 percent lands while allowing landowners to (Mr. RIGGS) is recognized for 5 minutes. over 1996. have reasonable use of their properties. Mr. RIGGS. Mr. Speaker, the Presi- We are making a difference. Drug use Mr. Speaker, I strongly believe that dent is defending the indefensible. in America has declined by 50 percent the common sense solution we have President Clinton yesterday described over the last decade. For the first time sought is wetlands mitigation banking. congressional Republican efforts to in 6 years, studies show that youth Mitigation banking allows private overhaul the Tax Code and to change March 3, 1998 CONGRESSIONAL RECORD — HOUSE H733 our tax system into one that is more fensible, standing up for the current number of times as chairman of the Al- pro-family, one that encourages invest- system, and using scare tactics to banian Interest Caucus of this House. ment and savings, and one that moves frighten the American people about The people there are truly a people liv- the country in the direction of a fairer, what would happen if we move the ing under oppression. They have no po- flatter, simpler Tax Code, a fairer, flat- country in the direction of a fairer, litical rights. They have no human ter, simpler alternative to the system flatter, and simpler tax system. rights. They have no economic rights. we have today, he described those plans Now we are attempting to initiate a Unemployment is unbelievable. Day now pending in Congress as reckless in national discussion about either re- after day after day turns into months; remarks that the President made yes- placing the current income tax with a and year after year, there is no im- terday here in Washington to the Na- national sales tax, a tax on consump- provement on the ground. tional Mortgage Bankers Association. tion, or a flat tax. We believe that is The United States cannot, Mr. In fact, the President went on to say the way to go. Both of these plans Speaker, stand idly by and allow Ser- that our approach of phasing out the would be simpler and fairer than the bian President Milosevic and his current income tax system and replac- current code, the system that the henchmen to brutally kill people for no ing the current 9,000 page, 5.5 million President is defending. reason. This oppression must stop, and word Tax Code with a fairer, flatter, I will tell you, I personally object the United States is the only country simpler alternative, he described that when the President uses language like that has the power to stop it. approach yesterday as ‘‘misguided, reckless, misguided, and irrelevant. I I have been calling for a number of reckless and irresponsible.’’ will tell you, I will tell the President, years for the appointment of a special I read this entire article, and I have I will tell my colleagues who support envoy from the United States to the re- searched his remarks trying to find out the President’s position on this what gion of Kosova. Only if the United what the President would propose. If he Jack Farris said, the President of the States gets involved with the appoint- does not like our alternative, then National Federation of Independent ment of a special envoy do I believe what would the President counter Business, an organization of small that progress will be made on the with? What would he propose as a bet- businesses around the country trying ground in Kosova. This would be very ter alternative to our plans? Or is the to garner one million signatures on a similar to what we have attempted to President, as it would appear from his pledge to replace the current tax sys- do in Ireland with Senator Mitchell. remarks, defending the current Tax tem and scrap the Tax Code, which And we ought to forthwith appoint a Code and the current tax system? would end the IRS as we know it. It is special envoy. It would appear that the President a death sentence for the current Tax My resolution, H.Con.Res. 205, calls does favor the status quo, that he is, as Code by the year 2001. Mr. Farris said, for the appointment of a special envoy I said in my opening comments, defend- in response to the President, what is ir- and calls for sanctions, strong sanc- ing the indefensible. He cannot pos- relevant is a 500-million-word Tax Code tions to be continued on Serbia until sibly think that a system that has cre- that is antiwork, antisaving, and there is improvement in the economic ated, and this has now been well docu- antifamily. and political and human freedoms in mented in hearings that we have had One of our former colleagues, now Kosova. back here in Washington, a culture of Senator TIM HUTCHINSON from Arkan- Just last week, Mr. Speaker, our gov- abuse that has led to many collection sas, was quoted as saying yesterday, ernment loosened some of the sanc- abuses around the country, he cannot with less than 6 weeks left before tions imposed on Serbia. It sent the possibly be defending that system, Americans must file their tax returns, wrong message at the wrong time, and could he? It is a system that has re- President Clinton has shown himself to I am sure unwittingly contributed to sulted in one newspaper headline after be out of touch with the plight of the Mr. Milosevic and his henchmen think- another. American people. ing that they can brutally crack down I cited these earlier this morning on Mr. Speaker, we definitely need to on the Albanians in Kosova. the floor under morning business, but move the country in a direction of a It is time now to reimpose those since more of our colleagues are Tax Code and tax system that would sanctions that we removed just last present now, I want to share these change the current disincentive in the week. It is time to have new sanctions. headlines again. Here is one: The IRS system that favors spending and con- It is time to make sure that the outer Unveils New Taxpayer Protections to sumption over savings and investment. wall of sanctions is in place, continues Limit Agents’ Ability to Seize Assets. This comment, this approach of the to be in place and continues to be ex- It actually quotes in this article the President of disparaging the free enter- panded, because Serbia cannot practice new Commissioner of the IRS as say- prise system is not going to work. We this kind of oppression and think they ing, quote, I am especially troubled need to revive our Tax Code in order to can get away with it. about the emphasis placed on collec- move the country in a direction of a Now in 3 weeks the Albanians in tion statistics, otherwise known as fairer, simpler system and to maintain Kosova are scheduled to hold elections. quotas, without an equal emphasis on our national prosperity. And, again, Mr. Speaker, there is no customer service and safeguarding tax- f coincidence that these crackdowns payer rights. came 3 weeks before the Albanian elec- ENGEL SLAMS BELGRADE’S Look at some of these other news- tions are to be held. This is clearly a BLOODY CRACKDOWN IN paper headlines: New Audit at IRS blatant attempt to intimidate the Al- KOSOVA; CALLS FOR UNITED Finds Some Agents Focused on Quotas. banians, to try to prevent them from STATES TO STOP IGNORING THE We are talking about many, many exercising the political freedoms that SITUATION agents in IRS offices around the coun- all of us say that we hold dear. try. Treasury Chief Vows Action The SPEAKER pro tempore. Under a b against IRS Quotas. Top Official Offers previous order of the House, the gen- 1745 a Mea Culpa. That is an apology, I tleman from New York (Mr. ENGEL) is I have often said that the people of guess, for the IRS, for the collection recognized for 5 minutes. Kosova, 90 percent of whom are ethnic abuses and for a system again that tar- Mr. ENGEL. Mr. Speaker, just yes- Albanians, have the same right to self- gets individual American taxpayers terday there was a brutal crackdown in determination that all peoples of the and sets out quotas, if one can imagine, a region called Kosova, which is home world have; no more, but certainly no for IRS collection agents. to more than 2,000 ethnic Albanians less. And they have a right to deter- We are trying desperately to reform who live under the oppression of Serb mine their political future, they have a the IRS, as I said earlier today, into an tyranny. The Serbian police came in right to determine their economic fu- agency that treats taxpayers with the and summarily started beating and ture, they have a right to determine all respect and provides them with the killing ethnic Albanians, more than 20 of their future, and they do not have service that they deserve. But, instead, of whom were murdered in cold blood. the right to be people under occupa- the President is throwing up road- The region of Kosova, which is 90 per- tion, oppressively, brutally occupied blocks in our way, defending the indecent Albanian, I have been there a and beaten by the Serb authorities. H734 CONGRESSIONAL RECORD — HOUSE March 3, 1998 This is not simply an internal prob- to small businesses. Look at where we welfare reform a few years back, and lem in Serbia; this is a human rights are today in terms of the volumes of when it came to a balanced budget problem. The autonomous region of information, the volumes of instruc- agreement. Kosova, in my opinion and the opinion tions, the volumes of actual forms of People said all of these things could of anybody who likes freedom, has to tax law that are out there, the laws not be done. And what had to be done understand that this region, the people and regulations, some 6,000 pages, 34.5 in order for Congress to get to that living in the region, should be the sole pounds. We spend in this country over goal is to establish a deadline, to cre- determining factor in terms of their 5 billion man-hours a year complying ate a deadline out there, to say this is political future. They should decide with the Tax Code. There are 480 dif- what we are going to do on this date. their own political future. ferent forms. The only way we can do that, with Now, both President Bush and Presi- As I went through my tax return this the Tax Code is to create a similar dent Clinton had issued a Christmas year, I did it a couple of weeks ago, the deadline, and that is to say to the peo- warning saying that the United States thing that occurred to me is that the ple of this country that we are going to would draw the line and would not people of this country, even though we do away with the existing code and stand idly by with a brutal crackdown lowered taxes last summer in the bal- that we are going to start over, with a in Kosova. My big fear is that this is anced budget agreement, the people of new Tax Code that makes sense to the the start of a crackdown, and we know this country have an even more dif- people who have to pay the taxes in what Serb nationalism can do. We saw ficult job this year of complying with this country. what it did in Bosnia. the Tax Code than they did last year, So as we pursue this legislation, Bosnia could seem like a tea party because every time Congress touches sunsetting the Internal Revenue Code compared to what could happen in the Tax Code, we make it more com- in the year 2001, I think that it ought Kosova if the world community and the plicated. to be something that everybody in this United States and the European na- I went through those forms. In the body can support, because certainly tions do not get involved right now. back of one particular form there is the people in this country are willing With 2 million ethnic Albanians, some this elaborate computation and elabo- to support that. We cannot continue to people would like nothing better to do rate calculation in which it asks you if go on defending the status quo and al- than to drive a million of them over this is smaller than this or lesser than lowing all the resistance to change the border into Albania, and perhaps this but larger than this, multiply it that is in this Washington-based com- massacre another million. We cannot by 15 percent and subtract it from here munity to keep us from doing the right stand idly by and allow this to happen. and keep going, and on and on and on. thing for the people of this country. Only the United States, again, has We have a responsibility to the tax- As I said earlier, as we move towards the power and clout to say to Milosevic paying people of this country to make that goal, to the extent this year we and his henchmen, we will not allow the revenue system, the collection sys- are able to accomplish anything mean- you to brutally oppress the people of tem, in this country fair, and to make ingful in terms of tax relief for the Kosova, the ethnic Albanians in it simple. So when we talk about elimi- American public, that we ought to do Kosova. They are entitled to all kinds nating the Tax Code and coming up it in a way, one, that is broad case of rights and freedoms that we treasure with a new Tax Code for a new century, based, and one that will further sim- here in the United States. that ought to be a goal that all of us in plify and not complicate the Tax Code. What kind of life is it for people that this chamber share, and I would hope We have introduced legislation, the have no hope of getting employed? that the White House shares it as well. first piece of which would drop more What hope is it of people, what kind of When the President made his state- people out of the higher 28 percent life can they expect, if there are no po- ment yesterday critical of this particu- bracket into the lower 15 percent litical freedoms, if they cannot get a lar piece of legislation, it indicated he bracket. That is to say to the people of job, if they cannot teach in the Alba- is willing to defend the status quo and this country that we want to encourage nian language, if the schools are op- willing to go along with what has been you to work harder to improve your lot pressed? the program here for too many years in in life, to earn more. In saying that, we There have been peaceful demonstra- Washington, D.C. are not going to, as a matter of policy, tions going on and going on, and these I think that if we are going in fact to take from you 28 cents of each addi- people have been clubbed and beaten reform the Tax Code in this country, tional dollar that you earn. brutally. We cannot allow this to hap- that it really starts with a couple of In fact, our legislation which raises pen. We cannot send a message and say principles, and I think the first one has the income threshold at which the 28 that because things are a little better to do with the fact that if we are going percent rate would apply actually in Bosnia, now is the time to forget to this year go about the process of drops 10 million filers in this country about Kosova. writing a tax bill, that the first thing out of the higher 28 percent bracket Mr. Speaker, we must reimpose the we ought to have is a principle that it and into the lower 15 percent bracket. sanctions, we must have a special ought to be broad-based. In all, 29 million filers in America envoy, and we must unequivocally call So we have introduced legislation, I would benefit from this tax relief to for freedom for the Albanian people in along with the gentlewoman from the tune of about $1,200 per filer. That Kosova. Washington (Ms. DUNN), that in fact is real relief for the people, the hard f would deliver tax relief to the extent working taxpayers in this country. we are able to do that this year in a Whether the issue is health care, TAX CODE REFORM way that is broad-based, in which all child care, retirement or education, The SPEAKER pro tempore. Under a people benefit from a growing econ- this enables the people of this country previous order of the House, the gen- omy. to make the decision in the fundamen- tleman from South Dakota (Mr. Thune) We have also introduced legislation tal way about what is the best way to is recognized for 5 minutes. that would further simplify, rather meet those needs. They can take those Mr. THUNE. Mr. Speaker, yesterday than complicate, the Tax Code. That is dollars that they would save in the the President came out and criticized a something, as I said, that is des- form of lower taxes and apply that to- piece of legislation of which I am a co- perately needed. We need to move in ward child care needs, towards edu- sponsor of that would call for that direction in the next century, so cation needs, toward health care needs. sunsetting the Tax Code in the year we can have a new Tax Code for a new That is a matter of philosophy, some- 2001. Frankly, I think when he came century. thing we very much agree with, and out and did that, he really did defend So having said that, and having that is that the people of this country the indefensible. noted that there is a lot of internal re- ought to be trusted to make that deci- We have a Tax Code in this country sistance in this particular city to sion on their own, rather than having which has become an abomination for changing the Tax Code, I take some the bureaucracy in Washington direct the people who have to comply with consolation in the fact that the same targeted tax relief and say you are a that law, from individuals, to families resistance was there when it came to winner or loser based upon whether or March 3, 1998 CONGRESSIONAL RECORD — HOUSE H735 not you behave in a certain way. That guilty, even though you got the wrong Mr. Speaker, I will finish by saying is the philosophy embodied in this tax answer from the Internal Revenue that we need to encourage all Members relief bill. Service. of the House and the Senate to cospon- The second bill is similar in that it The current code drains $200 billion a sor the tax code Termination Act and raises the personal exemption for each year from the U.S. economy. That is see the death to this tax code. It is not filer in this country. To the extent you how much it costs to file all individual too soon and hopefully it is not too have additional dependents, it raises and business tax returns in the United late. that exemption from $2,700 to $3,400, States, over $200 billion. f thereby reducing the taxable income to 5.3 billion hours it takes from Amer- families in this country. ican businesses and individual tax- PAYING HONOR TO THE PEACE Again, it does it in an across-the- payers to file their tax return, 5.3 bil- CORPS AND ITS VOLUNTEERS ON board way and moves us closer to the lion hours consumed by trying to meet ITS 37TH ANNIVERSARY goal of simplification, so the ultimate the Tax Code. The SPEAKER pro tempore. Under a goal of a new Tax Code for a new cen- Let me just say I believe it is un- previous order of the House, the gen- American and even immoral to have a tury can be met. I believe that, again, tleman from Connecticut (Mr. SHAYS) is ultimately where we ought to be Tax Code that punishes taxpayers, pun- is recognized for 5 minutes. heading. ishes businesses, and basically shouts Mr. SHAYS. Mr. Speaker, this is one So to the extent we do anything in at them, guilty, guilty, guilty. Not in- of the first 5 minutes I have done in a the next couple of years as we have nocent. That is what our current Tax very long time. I do so because I want this debate about tax reform, to lower Code does. to pay honor to the Peace Corps and to Let me just throw up a couple of the tax burden on American people in the volunteers who have served. charts for illustration purposes to this country, it ought to be with an eye Today is the 37th anniversary of the toward the actual ultimate goal of a highlight the problem. This first chart shows the number of words first in the founding of the Peace Corps by Presi- new Tax Code for a new century. I sup- Declaration of Independence, 1,300 dent Kennedy in 1961, as well as the port the legislation of the gentleman words in the Declaration of Independ- first annual Peace Corps Day. from Oklahoma (Mr. LARGENT), who is ence, the words that define the moral In my judgment, the Peace Corps is on the floor, to sunset the existing tax vision of our national government, not a Democrat program, not a Repub- code, and I look forward to working 1,300 words in the Declaration of Inde- lican program, it is a program that is with him to see that that becomes the pendence. bipartisan. It is a program that has law of the land, irrespective of the served not only our country with dis- footdragging that is happening on the b 1800 tinction, but also the many countries other end of Pennsylvania Avenue. In the Bible, the holy Bible, the word that we serve. And speaking as a f of God, 773,000 words in the Bible. But former Peace Corps volunteer, I know take the IRS tax code and all of the TAX CODE TERMINATION ACT we also get so much out of this enrich- case law that supports the tax code, 2.8 ing, cross-cultural experience. The SPEAKER pro tempore. Under a million words in the IRS tax code, and Mr. Speaker, the bottom line is, the previous order of the House, the gen- the case law to support the IRS tax Peace Corps has done an extraordinary tleman from Oklahoma (Mr. LARGENT) code. That is wrong. We can do better. job, through its volunteers, in is recognized for 5 minutes. The next chart, I think, highlights bettering the lives of people through- Mr. LARGENT. Mr. Speaker, I would why we need to sunset the current tax out this world, from providing safe like to take a few minutes to address code. Right here, what you see is two drinking water to helping new busi- some of the comments and concerns lines rising precipitously since 1964. nesses start up, from dealing with that the President made yesterday at a The orange line you see is the words in health care issues to establishing agri- speech when he was talking about the the U.S. tax code. The actual code cultural programs and fishery pro- Tax Code Termination Act. itself contains 800,000 words. From 1964 grams. I also want to commend the tre- This is a bill that myself and the gen- it quadrupled to 1993 from 200,000 to mendous number of volunteers who tleman from New York (Mr. PAXON) 800,000. were teachers and taught in schools have introduced in the House, H.R. Members will notice that the number throughout the world. 3097, that simply does this: It sunsets of lobbyists in Washington, D.C. also I would like to, as well, pay my re- the current Tax Code in the year 2001, went from just over 10,000 to 70,000 in spects to the Peace Corps volunteers December 31. It establishes a date cer- that same period of time. The beauty who happened to serve in Fiji, where I tain that we sunset the entire Tax of the tax code Termination Act is served from 1968 to 1970, who now have Code with the exception of the payroll this: that we have a national election completed their task. We have been in deduction taxes on Social Security and for the next President in the year 2000. Fiji for 30 years, and this past August Medicare. The tax code will be sunset 1 year after we bid farewell to our years of service The President in his comment said that election. So what we will end up in that beautiful country. The Peace that it would be irresponsible to sunset having is, if the tax code Termination Corps has finished its responsibilities the Tax Code, that it would create an Act is passed, essentially a national in Fiji. environment that would be uncertain referendum on replacing the tax code. On August 22, the Deputy Prime Min- and not predictable, and that it would You have three candidates, A, B, C, ister and Minister for Education and have grave consequences on our econ- from parties A, B, and C. You are a tax- Technology, Taufa Vakatale, addressed omy. payer and you go to hear them speak, the Peace Corps volunteers who were Let me just say, Mr. Speaker, that or they are debating. The first question there and thanked them for their serv- what is irresponsible is to continue to you are going to ask if this bill is ice. Mark Gearan, the director of the leave intact the Tax Code as we know passed, the tax code Termination Ac- Peace Corps, was there as well. I would it today, a Tax Code that literally is tion, is, ‘‘Sir, if I vote for you for Presi- like to just read a portion of her com- punitive, confusing, con founding. Even dent, what will the tax code look like ments to the volunteers in the closing the experts do not understand; even the once you become President, 1 year ceremonies in Fiji. people that are paid to administer the after you take office?’’ She said: current Tax Code do not understand it. So we will have a national referen- Recent statistics show that the IRS, dum on flat tax, national sales tax, the The Peace Corps volunteers gave the local people in a new insight into the English lan- you call and ask a question about your gentleman from Missouri (Mr. GEP- guage, with the variety of accents, pro- individual tax return, 47 percent of the HARDT’s) modified flat tax, and every nunciation and spelling; they gave a new per- time the Internal Revenue Service other variety therein. We will engage ception of what the white people or Euro- gives you the wrong answer. The prob- 265 million Americans in a debate at a peans are really like. We learned they are lem is when you go to court, they take national level on how we should re- down-to-earth ordinary people—not a class you to Tax Court because you have place the tax code, not the 70,000 lobby- above locals. submitted the wrong answer, you are ists in Washington, D.C. She goes on to say: H736 CONGRESSIONAL RECORD — HOUSE March 3, 1998 The presence of the American Peace Corps guage, with the variety of accents, pro- for in your caring and hope for a more hu- volunteers in Fiji has made us in Fiji more nunciations and spelling; they gave a new mane world you have been great ambas- aware of the importance of giving something perception of what the white people or Euro- sadors of your great nation. Your contribu- back to society rather than expecting some- peans are really like. We learned that they tion to our nation is substantial and is grate- thing from society. The fact that the volun- are down-to-earth ordinary people—not a fully acknowledged. In appreciation of your teers have come from afar to give of them- class above locals. 30 years of dedication and devotion toward selves to a society they owe nothing to have Many Peace Corps volunteers, over the the progress of our nation let me say, made us realize that we are all a part of a years, have taken part in ceremonial Mekes, ‘‘Vinaka Vakalevu.’’ global village. Thank you, Peace Corps, for one performed with the people of Cakaudrove The words of Dr. Albert Schweitzer come that valuable lesson in the giving of oneself for Queen Elizabeth II’s visit in the early to mind as I try to find words to thank the for the advancement of peace in this global 70’s. One notable Peace Corps volunteer was American Peace Corps volunteers: ‘‘I do not community. renowned for making wine from local fruit, know what your destinies will be. But I know We, the people of Fiji, cannot be disheart- another helped to establish a museum collec- that those amongst you who will be the ened by this departure, for were it simply a tion of local artifacts, etc. in a school. An- happiest are those who will have sought and matter of choice, we the people and the gov- other volunteer who was a teacher in an out- found how to serve.’’ ernment of Fiji, would always prefer to lying island helped the islanders to develop a I know you have come to Fiji to be of serv- maintain our personal and close relationship cheap and effective Copra drier. Yet another, ice and you have found how to give that with the Peace Corps. We also sincerely be- Alipate of Koro, turned to music and sang service effectively to Fiji. It is thus my hope lieve that if it weren’t for existing cir- many Fijian songs which have been taped and the hope of the people and government cumstances, this longing would be recip- and sold locally. I could go on and on, but of Fiji that you have been happy. rocated by the government and people of the suffice it say that they have endeared them- f United States of America. selves to the people of Fiji. Then she concludes: While Peace Corps volunteers have given REPORT ON RESOLUTION PROVID- To all those Peace Corps volunteers pres- their services in all areas of government, let ING FOR CONSIDERATION OF ently serving or who have graced our tropi- me just highlight the Corps’ contribution to H.R. 856, UNITED STATES-PUERTO cal islands in the past, words simply cannot education. In the early days the volunteers RICO POLITICAL STATUS ACT express the gratitude our people and govern- were posted to rural schools to help in the ment would like to extend to you all, espe- teaching of English and Math. We soon Mr. SOLOMON (during the special cially your having given up a specific time in found, however, that we were wasting valu- order of Mr. SHAYS), from the Commit- your lives to spend with us. In retrospect, I able resources and that this was not how we tee on Rules, submitted a privileged re- can only try and fathom the sense of your could use them efficiently. Hence they were port (Rept. No. 105–426) on the resolu- leaving behind your land of skyscrapers, posted to secondary schools to upgrade and tion (H. Res. 376) providing for consid- freeways and mega-entertainment to come assist in the teaching of math and science and at one stage, in the teaching of econom- eration of the bill (H.R. 856) to provide down to a country such as ours with its basic a process leading to full self-govern- facilities, unfamiliarity, food and inclement ics and accounting. We have not yet pro- weather. duced enough local teachers to replace the ment for Puerto Rico, which was re- Nevertheless, I can only be grateful for volunteers who were especially good in phys- ferred to the House Calendar and or- your courage and service towards humanity, ics, chemistry and math, and my Ministry dered to be printed. for in your caring and hope for a more hu- will certainly feel the gap left by the volun- f mane world, you have been great ambas- teers when they leave. sadors of your great nation. The presence of the American Peace Corps APPOINTMENT AS PARTICIPANTS Mr. Speaker, I include for the volunteers in Fiji has made us in Fiji more TO THE NATIONAL SUMMIT ON aware of the importance of giving something RETIREMENT SAVINGS RECORD the entire statement of the back to society rather than expecting some- Deputy Prime Minister, and once again thing from society. The fact that the volun- The SPEAKER pro tempore. Without congratulate the Peace Corps, con- teers have come from afar to give of them- objection, and pursuant to the provi- gratulate the volunteers who served, selves to a society they owe nothing to have sions of section 517(e)(3) of the Em- and congratulate our country for hav- made us realize that we are all a part of a ployee Retirement Income Security ing the foresight, and a former Presi- global village. Thank you Peace Corps for Act of 1974 (29 U.S.C. 1131), the Chair dent, President Kennedy, for establish- that valuable lesson in the giving of oneself announces the Speaker’s appointment ing the Peace Corps. for the advancement of peace in this global community. of the following participants on the The remarks of the Honorable Taufa The departure of the Peace Corps exempli- part of the House to the National Sum- Vakatale are as follows: fies one of the significant developments now mit on Retirement Savings. Honorable Christopher Shays, Peace Corps taking place in our global community and Without objection, the names of par- Director Mark Gearan, Excellencies, Ladies which we developing countries will have to ticipants will appear in the RECORD. and Gentlemen: It is with great pleasure address immediately and effectively. That of There was no objection. that I welcome you all here tonight on be- diminishing assistance from developed coun- Ms. Meredith Bagby, NY half of the government and people of Fiji to tries in the North due to a general shift in farewell from our shores of the United States foreign policy following the end of the Cold Mr. James E. Bayne, TX Peace Corps. Pleasure, of course, not in the War and as their respective citizens demand Mr. Carroll A. Campbell, Jr., SC Corps’ departure, but in your attendance improved public services neglected or over- Ms. Joyce Campbell, Washington, here tonight to share in this rather small looked prior to 1991. D.C. gesture of appreciation towards the endur- We, the people of Fiji, cannot be disheart- Ms. Hilda Cannon, GA ance, grace, self-sacrifice, and unwavering ened by this departure, for were it simply a Mr. Christopher W. Clement, AZ determination the young women and men of matter of choice we the people and govern- Mr. Benjamin Tanner Domenech, VA the Peace Corps volunteers, brought with ment of Fiji, would always prefer to main- them to our islands, and have shared with us tain our personal and close relationship with Mr. Clinton A. Demetriou, GA over the last 30 years. the Peace Corps. We also sincerely believe Mr. Pete du Pont, DE The contribution of the Peace Corps to- that if it weren’t for existing circumstances Mr. Adam Dubitsky, Washington, wards the socio-economic development of the this longing would be reciprocated by the D.C. country, among others in the immediate re- government and people of the United States Ms. Lynn D. Dudley, Washington, gion, does not need any elaboration other of America. D.C. than the fact that the cross-cultural ex- To all those Peace Corps Volunteers pres- Mr. Ric Edelman, VA changes since have further enriched our al- ently serving or who have graced our tropi- Mr. John N. Erlenborn, MD ready diverse society. When the Peace Corps cal islands in the past, words simply cannot volunteers first came to Fiji, they were used express the gratitude our people and govern- Ms. Shannon Evans, NV mainly in teaching in the rural areas. The ment would like to extend to you all, espe- Mr. Harris W. Fawell, IL majority went out to remote rural primacy cially your having given up a specific time in Mr. Peter J. Ferrara, VA schools where they lived in thatched bures your lives to spend here with us. In retro- Mr. Ray Gaydos, Washington, D.C. with no electricity, piped water and other spect, I can only try and fathom the sense of Mr. Craig Gholston, TX basic facilities. They mingled with the vil- your leaving behind your land of skyscraper, Mr. Arthur Glatfelter, PA lagers and spoke the language, are the local freeway and mega-entertainment to come Mr. Dylan Glenn, GA food and generally participated in all the down to a country such as ours with its basic Mr. James T. Gordon, GA communal activities such as fish-drives, facilities, unfamiliarities, food and inclem- Mekes, church services, etc. ent weather. Mr. Brian H. Graff, VA The Peace Corps volunteers gave the local Nevertheless, I can only be grateful for Mr. Matthew Greenwald, Washing- people a new insight into the English lan- your courage and service towards humanity, ton, D.C. March 3, 1998 CONGRESSIONAL RECORD — HOUSE H737 Mr. Brent R. Harris, CA homes along the way. We talked and Farther down the road, we visited Mr. Donald K. Hill, GA we argued late into the night, and with farmers who worked at a tomato Ms. Amy M. Holmes, Washington, passed the time with folk songs and packing co-op in Quincy, Florida. The D.C. laughter. We had some very unforget- once bustling facility now stands vir- Ms. Karen A. Jordan, AK table experiences. tually empty. Since NAFTA was passed Mr. John Kimpel, MA How many of us have had the chance in 1993 more than half the tomato Mrs. Beth Kobliner, NY to drive through rural Georgia, listen- farmers in Florida have gone out of Mr. Gerald Letendre, NH ing to the gentleman from Georgia (Mr. business. Many of these farms have Mr. Ronald Lyons, OH JOHN LEWIS) tell stories of the Freedom been owned by the same families for Mrs. Patricia De L. Marvil, VA Rides which rolled through the same generations. These people are very, Mr. Philip Matthews, CT countryside in 1961, or tasted fried alli- very proud of their work, and they Mr. Thomas J. McInerney, CT gator tail served by the gentlewoman know they have nothing to fear from Mr. Kevin M. McRaith, MN from Florida (Mrs. KAREN THURMAN) at old-fashioned competition, but one Ms. Rita D. Metras, NY a cattle ranch in someplace called after another, they told us of their Ms. Lena Moore, Washington, D.C. Wacahoota, Florida, or followed the story and their frustration. Ms. Dana Muir, MI gentleman from Florida (Mr. ALAN Here they are, dealing with a situa- Ms. Heather Nauert, Washington, BOYD) to the top of the Florida State tion in Mexico where tomatoes are D.C. Capitol building for a birds-eye view of grown with chemicals and pesticides Mr. Jeffrey M. Pollock, NH Tallahassee? that are illegal here in the United Ms. Pati Robinson, WA But the most important thing that States. They are grown in unsanitary Ms. Andrea Batista Schlesinger, NY we did on our journey was to listen, lis- conditions and picked by workers, in- Mr. Eugene Schweikert, SC ten to people, listen to how these poli- cluding children, children who are 11, Mr. Charles Schwab, CA cies had affected their lives. We saw 10 years of age, who toil for indecent Ms. Victoria L. Swaja, AZ some inspiring success stories, like the wages. That is what they are up Mr. Richard Thau, NY Ford Motor Plant in Hatfield, Georgia, against. These Florida farmers won- Ms. Sandra R. Turner, FL which is just outside of Atlanta, where dered aloud how much longer they can Mrs. Sunny Warren, GA managers and workers have turned a stay in business under these condi- Mr. Albert Zapanta, VA unique partnership into one of the tions. Mr. Roger Zion, IN most successful auto plants in the So what does a tomato farmer in f world. They won the J.D. Power Award Quincy have in common with a gar- THE EFFECT OF NAFTA ON AMER- for Excellence. ment worker in Columbus, Georgia? ICAN LIVES AND BUSINESSES We had a very good discussion that What connects a cattle rancher outside lasted over an hour with workers and of Gainesville with these people here, a The SPEAKER pro tempore. Under managers all working together to high-tech telephone worker in Atlanta? the Speaker’s announced policy of Jan- make a good product, to make a qual- There is a thread that connects all of uary 7, 1997, the gentleman from Michi- ity product that pays good wages. We these people and their diverse lives. gan (Mr. BONIOR) is recognized for 60 heard sad stories, too. We met with They have learned something impor- minutes as the designee of the minor- workers who lost their jobs at Lucent tant, something that people in Wash- ity leader. Technologies, a plant that closed 2 ington and Wall Street still do not un- Mr. BONIOR. Mr. Speaker, 3 months years ago and moved to Mexico. derstand. These people know from hard ago, Congress and the White House This is a picture of our bus, with the firsthand experience that something is were locked in a heated battle over fast gentleman from Massachusetts (Mr. wrong with our trade policy. Those of track, a very contentious issue, debate BILL DELAHUNT), the gentleman from us who work in Washington have a lot which we think for now has been set Georgia (Mr. JOHN LEWIS), and some of to learn from these folks. aside and put off until another day. the workers. The gentleman from We know, of course, that a single bus In the meantime, we have a real op- Michigan (Mr. BART STUPAK) is right trip cannot solve such a complex prob- portunity, in the calm after the storm, here. Some of the workers who had lost lem. where we can begin a very thoughtful their jobs are here. b discussion with the American people I remember talking to one woman 1815 about our engagement in the global who was standing in front of this plant. But these issues cannot be addressed economy. She had worked there 25 years. She without listening to the people who are I am pleased this evening to be joined quietly told what happened when her affected and understanding what has by two distinguished colleagues who, livelihood disappeared. Like many peo- happened to their lives. together with me and the gentleman ple today who lose their jobs because of We began such a dialogue with our from Georgia (Mr. JOHN LEWIS), the trade, she got another one, but it only 500-mile journey. This is a long-term gentlewoman from Ohio (Ms. MARCY paid $7.25 an hour, I believe, working at debate. It is going to take many years, KAPTUR), the gentleman from Florida the Target store. She had been making and we expect to be back on the road (Mr. ALAN BOYD) and the gentlewoman $15 an hour. again soon to continue this discussion. from Florida (Mrs. KAREN THURMAN), The telephone that she once assem- I hope that others will join us from my took a trip through Georgia and Flor- bled for Lucent is now made in party and the Republican Party as we ida to talk to people who were affected Reynosa, Mexico. Do you know what work together to steer this Nation into by our trade policies. I am joined this they pay folks down there to do that? the future. We can do this if we only evening by the gentleman from Michi- Less than $1 an hour. But the price of find common ground, and we can find gan (Mr. BART STUPAK) and the gen- the telephone, she told us, keeps going common ground if we engage in a dia- tleman from Massachusetts (Mr. BILL up. How did she know? She worked in logue, not only with each other but DELAHUNT). the Target store now that sells those with the people in the country who are Several of us, as I said, during the telephones. affected by these policies. President’s Day recess, got on a bus We got on the bus from there and we I believe, in conclusion, before I yield and went 500 miles. We stopped in some went down to Columbus, Georgia, to the gentleman from Michigan (Mr. of the great cities of the South. We where we met with textile and apparel DELAHUNT) and the gentleman from stopped in Atlanta and Tallahassee. We workers from throughout the region. Massachusetts (Mr. STUPAK), that what passed through small towns and count- They told us what happened when we are advocating is a policy for the fu- less miles of rural countryside. We vis- plants closed in small, rural commu- ture, a trade policy that deals with the ited farms and factories and cattle nities where few opportunities are issues that our parents and our grand- ranches and auto plants. We drove available for those who lose their jobs. parents and their grandparents strug- down bumpy roads. We took a few More than 150,000 textile and apparel gled with a hundred years ago. Those wrong turns, like we took one very workers have lost their jobs in the past same issues are being struggled with in long wrong turn. We stayed in people’s 2 years alone, 2 years alone. countries that we do trade with today, H738 CONGRESSIONAL RECORD — HOUSE March 3, 1998 that are trying to develop into a devel- to talk and to engage in dialogue so serious and sincere and it was neat to oped nation. that he could come back here and ex- listen to these guys. In this country 100 years ago we did press to our other colleagues what he Mr. Speaker, I yield to the gentleman not have the 8-hour day, we did not had heard on this trip. from Massachusetts. have the 40-hour work week, unemploy- Mr. Speaker, with that I yield to the Mr. DELAHUNT. Mr. Speaker, I ment comp, worker’s comp. We did not gentleman from Michigan. thank the gentleman for yielding. I have the weekend. We did not have Mr. STUPAK. Mr. Speaker, I thank think a fact that I shall never forget health and safety laws. All of those the gentleman from Michigan (Mr. upon visiting that Ford factory was things happened because people were BONIOR) for yielding, and thank him for that the cost of the car that they pro- willing to sacrifice, they were willing organizing this special order and actu- duced, which was the Sable, a fine car, to march, they were willing to dem- ally being the leader on the fair trade in the United States cost approxi- onstrate, they were willing to be beat campaign. mately $20,000. When that car was ex- up and go to jail. They were willing in This bus trip that the gentleman ported to Japan, the consumer in some instances to die. talked about, where we went around Japan had to pay approximately $45,000 It was a Triangle Shirtwaist fire in Georgia and Florida and listened to for that vehicle. the City of New York, at New York people, was put on by the Citizens’ Mr. BONIOR. And it was not just the University today, a sweatshop where Trade Campaign. That is a group of re- expensive boat ride over. over 100 women were killed because of ligious leaders, labor leaders, consumer Mr. DELAHUNT. It was not the ex- unsafe working conditions, that groups, consumer advocacy groups, and pensive boat ride. But I think really prompted the movement to a safe they invited us to go out and get out of what that particular statistic does working condition in this country. our safe districts, we are comfortable really talks to what we are about, It was 9,000 coal miners living in there, and go talk to folks like we have which was fair trade. We ought to have tents, demanding an 8-hour day, and in our photograph there, I didn’t know probably a picture of the car that was then having the companies mount ma- any of them there other than the Mem- produced here, produced in Atlanta, chine guns on top of armored cars and bers of Congress, and to listen to their Georgia, just to remind the American threaten these miners, burning their stories. people that that car was $20,000 here in tent site, killing 21 of them, including Mr. Speaker, I found throughout this the United States and $45,000 in Japan. 11 children, that started the movement whole trip, no matter what aspect it Mr. Speaker, I yield back. to get the 8-hour day. was, whether it was manufacturing or Mr. STUPAK. Mr. Speaker, reclaim- It was Upton Sinclair’s novel, ‘‘The farming, Americans are eager to coming my time, the gentleman makes a Jungle,’’ that exposed rotten food and pete. They want to compete. They very good point. We asked why does it beef in this country that was poisoning want trade agreements. But at the cost so much? From $20,000 to $45,000 to and killing too many innocent people. same time they know that this country $50,000? And they said: See, when we That led the movement to consumer- has some standards that we must ad- bring an American car and put it over ism and led the movement to safe food. here to, whether environmental stand- in Japan, then we must follow their All of this did not just happen. It ards, labor standards, agricultural rules. We must now follow the Japa- happened because people did something standards, and especially food safety nese standard. Every car must go about it. And there are people like standards. through a processing center where they those that I have just mentioned in They are saying, we are happy to go through with a very fine-tooth Mexico and in Indonesia and in China compete. We can compete with anyone comb, and they reject and continue to who are struggling for these same basic at any level. Just let us all play by the reject it until that is the perfect car. rights: a decent wage, a right to orga- same rules. Let us have a fair trade And every time there is a rejection and nize, a right to assemble, a right to col- agreement. further inspection, the manufacturer lective bargaining, and the right to lift Mr. Speaker, it was interesting at here, in this case Ford, would then themselves up to our level. the Ford plant that the gentleman have to pay to bring it up to their And it is not only right for us to spoke of where they made the Tauruses standards. stand with them because it is the right and the Sables, the number one effi- So if I might, I would like to talk a thing it to do; it is also the right thing cient auto plant in the world according little bit about standards tonight and to do for our people because when their to J.D. Power and Associates, year food safety, because when we went to standards go up, multinational cor- after year. They are the number one Florida and we had heard from the gen- porations cannot say ‘‘Well, if you do plant. They have a great working rela- tleman from Florida (Mr. BOYD), the not take a cut in pay, a cut in wages, tionship between labor and manage- gentlewoman from Florida (Mrs. THUR- a cut in benefits, we are moving to ment. MAN), the gentlewoman from Florida Mexico or Indonesia or China.’’ They We asked the question: How many (Ms. BROWN) and the gentleman from cannot say that because the standards cars do you sell to Japan? Obviously, Florida (Mr. WEXLER) and others, as we there begin to rise and so the compara- they must sell a lot of this number one were doing the debate about fast track tive advantage is gone. popular car. They said, ‘‘This year we last year, they said we are happy to In conclusion, Mr. Speaker, I want to are doing pretty well. We are going to compete with Mexico on food stand- say that I thank my friends who went get 670 units.’’ We asked how many ards, especially our winter fruits and on this tour, especially the two gentle- units do they make in an hour, and vegetables and the citrus, but just have men who are with us today, the gen- they can make 67 units in an hour. So the same standards. But since the im- tleman from Michigan (Mr. STUPAK), what Japan orders from us as far as plementation of NAFTA in 1993, they who knows the food safety issue. He this very popular car is one 10-hour said look what happened in our State knows all of these issues, but he knows shift worth of cars, is all they are because we do not have the same stand- the food safety issue as well as anyone going to have, and they think that is a ards. Florida has lost 50,000 agri- in this Congress, and he has played an breakthrough for this year. culture-related jobs. instrumental role in raising that issue The point they stressed is that while Mr. BONIOR. How many jobs? to the forefront as we debate these they are the most efficient plant in the Mr. STUPAK. 50,000 agriculture-re- issues. And the gentleman from Massa- world according to J.D. Power, yet lated jobs since the implementation of chusetts (Mr. DELAHUNT) a new Mem- they can only sell 670 cars. What is NAFTA. The tomato industry has lost ber who immediately understood this going on here? And they do put the $750 million since 1993. They said our issue and sensed the anger and the steering wheel on the right-hand side. job, our health, our Nation’s food frustration in this country, sensed the And Japanese consumers love Amer- standards have gone downhill. But we inequities, and understands the plight ican cars, especially the cars that come said, look, can we compete with Mexico of small business people in this, which off this line in Georgia. to produce food at a competitive price never gets talked about but is very key All they ask is, let us compete. If while maintaining the world’s highest as well, and who took of his time to they are going to bring a car in, let us food safety standards? They unequivo- come with us and listen and to see and bring a car into Japan. And they were cally said yes, we can, as long as the March 3, 1998 CONGRESSIONAL RECORD — HOUSE H739 food coming into our country meets Mr. DELAHUNT. Mr. Speaker, if the ments, and we are for trade, and if we the same standards. gentleman would yield for a question, are going to have equal standards, you Mr. Speaker, we are not talking what kind of inspection occurs when have to do a couple things, Mr. Presi- about a surcharge or anything to make these food imports enter into the dent. And we hope we can join and it meet our standards. We are talking United States? work with you because we want to have about some very, very basic health Mr. STUPAK. Well, jumping a little trade agreements, but we need to in- standards that this Nation has set bit ahead here, but let me explain a lit- clude three things. forth, has fought for over the years to tle bit of what has happened, what we Number one, we need to include develop the world’s greatest and safest have found. I mentioned the General strong food safety and health safety food supply. Accounting Office and they have done a standards in these trade agreements, But look what has happened. Take couple of reports. One was in May of whether it is NAFTA or an extension of our own State of Michigan. We had the this year, and here is what they told the fast track agreement. Have our school hot lunch program in which us. standards, please, Mr. President. Let us strawberries had come in from Mexico Mr. HUNTER. The General Account- increase the funding for border inspec- and they were tainted with hepatitis A. ing Office is an official agency of the tions of Mexican trucks carrying food And Michigan is as far as one can get United States Government, non- produce, meats, frozen foods into our from the Mexico southern border. But partisan in nature? country, and last but not least let us we have to understand that our fruit Mr. STUPAK. Nonpartisan. FDA in- begin an aggressive food labeling pro- and our food supply, especially our spections, talking about domestic and gram so all food products that come winter vegetables, 50 percent or more imported foods, in 1981 we had 21,000 in- into this Nation, when you go to the comes in from Mexico during these spections in this country. 21,000. In 1996 store and you reach for that tomato, it winter months. we have, domestic and imported, 5,000 should be labeled in that bin, whether So we had these strawberries that got inspections. In 1981 we had 21,000 in- that is grown in Mexico, California or in the school lunch program and they spections of our food supply; 1996 we Florida. And let the American con- came from Mexico. At the initial out- had 5,000. sumer decide whether they want toma- break we had 179 Michigan students Mr. BONIOR. It drops down. toes grown in Florida or Mexico. Mr. BONIOR. Are there any States contracted hepatitis A after eating Mr. DELAHUNT. That is less than 25 tainted Mexican strawberries. that do this now? percent this past year of what occurred Mr. STUPAK. Right now there are Mr. DELAHUNT. Mr. Speaker, could 6 or 7 years ago. two States. Florida is actually one of the gentleman repeat that, please. Mr. STUPAK. Mr. Speaker, remem- them. So is the State of Maine. In this Mr. STUPAK. It started out 179 ber what I said earlier. More than 50 bus trip we asked agricultural people, Michigan schoolchildren contracted percent of the lettuce, tomatoes, the what does it cost if we would say you hepatitis A by eating tainted straw- fresh fruits and vegetables we consume have to label your fresh fruits and veg- berries. It is now up to 324, and this is in this country are not grown in this etable products from the country of or- in Calhoun County, the public health country because it is the wintertime. igin so the consumer would know? officials have told us 324 have con- Our growing seasons are down, and es- They said, it costs, according to State tracted hepatitis A from school lunch. pecially now with the weather prob- officials, $4 for every store you own a Mr. DELAHUNT. So from the time it lems we have seen with El Nino as Cali- year, $4 for every store. There were was first diagnosed that this epidemic fornia has been hit. some consumer groups and we asked broke out, it has almost doubled in So now we go back to what happened them. I will take it back, it was $4 a terms of the number of young children to the tomato industry that we saw in month. So we asked the consumer ad- that have been conclusively diagnosed Florida. Why did they lose 50,000 agri- vocacy groups what did they think. and contracted hepatitis as the result culture-related jobs? Why did they lose Florida said it was $4 per month per of the importation of unsafe food from $750 million in lost profits? Because store. What do you think it is? They Mexico? they cannot compete with the Mexican said, at most it is $8 to $10 per month Mr. STUPAK. Mr. Speaker, the gen- tomato industry which has really per store. That is the added cost, very tleman is correct. I am talking about taken over the U.S. market. limited, very, very limited. 10-year-old students here. Most of these b 1830 So there is not a big financial incen- children were second, third and fourth tive why not to do it, but again, should grade 10-year-old students. Down in Florida we tell them, you not the American consumer have the If we stop and think about what we have to play by the rules. You cannot final say on where they want their are doing in this country, we have food use illegal pesticides. You must use fruit, vegetables, especially during standards in this country that are the very clean irrigation water, and you wintertime, where it is grown, you envy of the world. We have the safest must have proper handling of your choose where you want to take it from, food. But if we look at what has hap- product. But they do not play by the that that Nation does not live up to pened recently, every second of every same rules in Mexico, and when they our standards like on irrigation water day someone is stricken with food poi- come across the border, there is no one and illegal use of pesticides, then you soning. If we take a look at it, that is to inspect. should have the right to say, I reject 33 million Americans a year. In fact For instance, take a look at it, there that fruit or vegetable from Mexico. I they attribute 9,000 deaths to tainted are 9,000 trucks per day that come in would rather have U.S.-grown because I food here in the United States. from our southern border carrying know the standards it lives by. Mr. BONIOR. Mr. Speaker, that is a fruits and vegetables. Actually it is That is all we are trying to do is, startling number. I do not think many 12,000, but 9,000 are carrying food prod- what are the safety standards. We talk of our constituents realize how wide- ucts. Of those 12,000, 9,000, which are about safety standards all the time. spread it is. I know my son just got food products, how many are in- Whether you are in Michigan, Florida, food poisoning last week. We do not spected? One percent. Just 1 percent Georgia, when it comes to trade and know exactly what it was from, but are ever inspected. food safety standards, you are cer- that was the diagnosis. It happens and The infrastructure to do the inspec- tainly concerned about your health, it happens often. As my colleague says, tions that are necessary was never in your family’s health, and you want to 9,000 Americans die per year. place when NAFTA, the North Amer- make sure you these high standards Mr. STUPAK. From food poisoning. ican Free Trade Agreement, was are met. And we do not always recognize it as passed. And look what has happened. Mr. DELAHUNT. If the gentleman food poisoning. But these numbers are The inspections have actually gone would yield, I do not think that there from reports and studies of the General down. is any Member of this body that would Accounting Office. U.S. News and So we wrote the President and the disagree with the fact that it is uncon- World Report did a big article on it a administration a letter, 84 Members of scionable to allow food that is con- couple of months ago. That is where this Congress signed it, and said, look, taminated to be imported into this some of these statistics derive from. if we are going to do these trade agree- country. H740 CONGRESSIONAL RECORD — HOUSE March 3, 1998 I want to get back to the statistics why I was astounded. I guess I never it. About 6 months ago or maybe even that you talked about in terms of your really thought about it that much. a little longer, we were ready to go to home State of Michigan and Mr. That is a huge number. a trade war with China over things like BONIOR’s State where there were in ex- The second point I would make, it is CDs, intellectual property rights, copy- cess of 300 children under the ages of 10 not only the children of Michigan who rights, banking laws. That is all fine. who contracted hepatitis. But putting have suffered dramatically as a result We have these standards for cassette aside the human anguish, putting aside of these trade policies that do not take discs. We have it for copyright in- the fact that this is just unacceptable into account lower standards, health fringement. We have it for so-called in- to the American people, what I would standards, but it is the children of tellectual property, and we have it for dare say is that the cost of treating the Mexico as well. If you look along the copyrights. Why not for food safety, victims of that epidemic in terms of border between the United States and something where we all eat and con- our health care dollars has to be sub- Mexico from Texas to California, an sume? And yet we have more than 50 stantial. area called the maquiladora, there has percent of our fruits and vegetables. At Somebody is paying the bill. And it been virtually no cleanup. They have least give the American consumer the would appear to be the people of Michi- had this huge surge of industrial devel- right to determine whether they want gan in that particular case, but people opment and these plants pouring their that tomato grown in Mexico or in all over this Nation in terms of allow- waste and their sewage into canals Florida, and you know what standards ing into this country the import or im- where children bathe and play, and as a they are grown under. portation of food products that very result we have had this terrible out- I learned a lot from these folks on well might be endangering the health break of health problems for these chil- our bus trip. I look forward to future of Americans, there is a dollars and dren. trips for the Citizens for Fair Trade cents cost to that. The American Medical Association, a campaign. I think we are all for trade, Mr. STUPAK. No doubt. There is a conservative and I might even say but when you hear these stories of dollar and cents cost, but let us con- stodgy organization, but one that is these people or whose children have tinue with this Michigan example. held in pretty high esteem in this been stricken because of improperly There are 300 and some children now country, called this area, called this imported food, you certainly, your who have hepatitis A. We know how to area, the border area, the maquiladora heart goes out to them. But this is an treat that. You are very ill. There is an area, a cesspool of infectious disease. issue that is being repeated too often. antibiotic, you will get better. But Their words, not mine. As I said, each second of every day what has happened in Michigan? Give So to get this to trade again, what we someone suffers from food poisoning, 33 you some idea of what kind of food we are all about is raising those standards million Americans a year suffer from are importing here, these children so that not only those Mexican chil- it. There are 9,000 deaths per year. right now today are still suffering from dren but our children do not have to A CD has never killed anybody, but loss of hair, skin loss, respiratory in- suffer the consequences that the gen- we certainly maintain its standards. fections, asthma-related illnesses, tleman from Michigan and my friend Why can we not have that same stand- shingles, sores in their mouth. Those from Massachusetts, who so ably out- ard for our food safety in this Nation? are not symptoms of hepatitis A. The lined for us. I thank Mr. BONIOR for organizing suspicion is that there were other Mr. STUPAK. Mr. Speaker, the issue this special order and also being a lead- things in these strawberries. The un- here in the United States, we want to er on this issue and opening our eyes to clean water that they used to irrigate, maintain our food supply as safe as we some of these very, very serious issues could there have been lead, arsenic? can. So while we want to raise the that must be addressed, and it is the Was there an illegal pesticide as Mex- standards for the children south and proper position of the U.S. Congress to ico uses, DDT? We have not used that even north of our border, we also must ask these questions as we continue in this country for a long time, and 30 maintain what we already have. These trade agreements around this Nation other chemicals in this country they standards, again, the workers we saw, and around this world. still use in Mexico. they can compete with anyone pro- Mr. BONIOR. I thank my colleague So the secondary symptoms, which vided we are playing by the same for his insights and leadership, particu- are quite horrendous to say the least, standards. larly on this aspect of the trade issue. we have asked the FDA to do a further We have had problems with beef com- I yield to the gentleman from Massa- follow-up. You have these strawberries. ing from Canada, that has been taint- chusetts. They were impounded. What else was ed. We have had trouble with Guate- Mr. DELAHUNT. Mr. Speaker, I, too, there? Was it lead? What else is caus- malan raspberries. We have had milk want to echo the sentiments expressed ing these other symptoms for these problems up in the Northeast from an by Mr. STUPAK that it was an ex- poor children in Michigan? We wrote airborne pathogen that came over tremely informative and educational that back last fall. We still have yet to probably from Europe. trip for myself as well as for every receive an answer. So that is why it was so important Member of Congress. I did learn some- So while there is a monetary cost, as when we had the fast track discussion thing about food. As you know, I come the gentleman pointed out from Massa- last fall and we asked the President to from Massachusetts, which is not nec- chusetts, of treating hepatitis A, we sort of do three things for us, to main- essarily considered an agricultural have added costs of things we do not tain our standards, the United States economy. However, I should point out know. We have the agricultural loss of standards. Number one, renegotiate the that Massachusetts is the second lead- jobs. You have the industry loss, but provisions of NAFTA that relate to ing producer, it might be the first, but how do you tell a 10-year-old whose border inspections and food safety to I will concede to Wisconsin, the second hair is falling out that, well, it is okay, ensure that any fast track authority leading producer of cranberries, and we have got a good trade policy in this would include strong food safety provi- most of those cranberries happen to be country, and we just do not have sions. Secondly, we asked to increase cultivated and grown in my district, enough inspections on the border, and, the funding for border inspections or, which includes the south shore of Bos- well, I mean, you cannot. Financially alternatively, limit the increasing rate ton as well as Cape Cod and the islands. or emotionally, you cannot put a value of food imports to ensure that there is But I did learn this that I had never on that. a safe supply of food here in this coun- known before. When we talk about Mr. BONIOR. It is not just the chil- try. Last but not least, to begin the globalization, when we talk about dren in Michigan. Two facts briefly, if program to label all foodstuffs includ- trade, you mentioned, for example, I could, that relate to your comments. ing fresh and frozen fruits, vegetables that 70 percent of the food that is con- Number one, I was astounded to learn and meats with their country of origin. sumed in the State of Michigan during on our trip that approximately 70 per- Unfortunately, that was not put forth the course of the winter is imported. cent of the food sold at this time of the by the administration. When we talk about globalization, we year in Michigan in the Detroit area is I guess those were simple standards are really talking to, I would suggest, imported, 70 percent. I do not know we asked for, but stop and think about the beginning of the end of a way of March 3, 1998 CONGRESSIONAL RECORD — HOUSE H741 life, but because what I learned on this dle class in America? It is really about same so that we continue to have a trip as it related to agriculture is that the middle class, because if we do not healthy middle class that really sets us it is the small farmer in America that have a viable middle class, the poor apart as a healthy democracy? is losing, not the large agribusiness, and the disadvantaged have nowhere to Mr. BONIOR. That is right. not the large multinational conglom- go but even further down. Mr. DELAHUNT. Because without a erate, if you will. But again and again So what we are talking about is a healthy middle class, democracy starts we heard that the small farmer just global commerce, an international to erode. cannot make it. trade where the American people, Mr. BONIOR. That is right. b 1845 through its Congress and through its Mr. DELAHUNT. And we become a President, write the new rules, the new society of have and have-nots. And They cannot survive. And my mem- rules that will encourage trade, but that is part of the problem. ory, and maybe it is a romantic view of where every single American and peo- Mr. STUPAK. If the gentlemen will American history, was a small farmer ple all over the world will benefit, not yield on that point. In talking about in America that really produced not just a few. the middle and upper class, and I guess just food, but in many respects our na- Mr. BONIOR. And the gentleman is we could say the lower class, those on tional prosperity. so correct when he talks about just the the lower economic scale, there was an Mr. BONIOR. Our way of life, our cul- few. There has been an enormous interesting article recently put out by ture, so many pieces of the fabric and wealth created in this country, par- ‘‘Inside Michigan Politics,’’ a publica- texture of our country was established, ticularly over the last 15 to 20 years, tion from our home State, just 2 weeks as the gentleman correctly stated, by and accrued to the top 20 or 25 percent, ago. that type of an entity. It was not just as the gentleman stated, of our popu- Mr. BONIOR. That the gentleman an economic entity, it was a social en- shared with me on the bus. tity that carried tremendous values lation. They have had tremendous in- Mr. STUPAK. Right. Basically, they that today we revere in this country. creases in their standard of living and have been doing this study and they Mr. DELAHUNT. As the gentleman in their worth. says, it is almost as if there is a loss of And that is not an insignificant num- had broken down the American work- a sense of community; that these peo- ber of people. Twenty-five percent of ers into five different categories, the ple who really made America great, the America is what, maybe 60 million, top percentile, the middle, and the small farmer, is at such an incredible something like that? Sixty-five million lower percentile; and again breaking disadvantage because of unfair trade. people. That is a lot of people who have them, the whole working population, Unfair trade. generated an enormous amount of into 5 percentiles. The highest percent- And those are the people we ought to wealth. They tend to be the same peo- ile, from 1990 to 1996 nationwide, they be concerned about. Who is standing up ple who control the organs of commu- went up 13 percent greater than any for the small farmer here in America nication: the media, the networks, the other class. today? It is certainly not the multi- newspapers, the periodicals, the way Mr. BONIOR. The top 20 percent. national conglomerate. we communicate electronically today. Mr. STUPAK. The top 20 percent I was pleased to hear my friend, the They are the folks that control that, went up 13 percent. In Michigan it was gentleman from Michigan (Mr. STU- and oftentimes they do not move be- 12.7, rounded off 13 percent. The middle PAK), talk about that we are not op- yond their own circles. They do not see class, the third percentile, the third posed to trade. Because the reality is what we see. level, the middle one here, during that every single Member that participated The gentleman is absolutely right, same 6-year period, from ’90 to ’96, they in that trip wants to encourage trade. the top did very well. But those below lost 2 percent. So they went down 2 We are pro-trade. We are pro-fair trade. the 75 or 80 percent level, below that percent. And the bottom 20 percent, or But what we want to be able to do is to top 20 or 25 percent, their salaries have the lowest economic class that they write the rules of international com- basically been frozen or gone down. If surveyed, actually lost about 20 per- merce so that every single American we go to the bottom 25 percent of cent over the same period of time. benefits from the prosperity that is working people in this country, they So we can see the rich will get richer, generated by global trade and by the have had a serious, serious drop in real the poor will get poorer, and the poor global economy. That is what we are wages over this same period of time, to middle class here that we all relate to about. And that was really the first the point now where we have in this and speak of, actually lost 2 percent in very small step along that road. The country the largest income gap be- our home State of Michigan. very first step. tween the top working people and the Mr. BONIOR. And the gentleman is But what we have discovered in real people at the bottom. It has grown right. What happens, of course, is when terms is that not everybody is playing enormously. people’s salaries get bumped from, as I by the same rules. We have to have a Why is that? Well, there are many described earlier this woman at Lucent set of rules where there is a minimum reasons. Trade is a piece of it. I want to Industries, is making $15 an hour and wage; where there are child labor be careful and use the right word, but she lost her job. She found another one standards; where there is a 40-hour I would say we have betrayed our an- at Target, the department store, for workweek; where there is paid vaca- cestors and we have betrayed our herit- $7.50, half her salary. What happens tions; where there is a weekend. It is age on the issues that both of us have with those people, of course, is that not about exploiting other nations, it talked about that took so long to build they work two jobs. is about raising their standard of living up in this country. These struggles for Mr. STUPAK. What is their biggest and not suppressing our own standard a decent wage, for safe working condi- concern right now? of living to benefit the few. tions, for compensation, for time off, Mr. BONIOR. And their spouse often If we can pause and reflect, we think they just did not happen. We struggled works two jobs. of in the past 10 years how well the for that. Mr. DELAHUNT. And what does that stock market has done. Broken all Mr. DELAHUNT. If the gentleman mean? records. Every day there is a new will continue to yield for a moment. If Mr. BONIOR. That means they are record. I daresay that the stock mar- those that went before us had not pre- not home. ket has probably increased, since 1980, vailed, would there be a middle class in Mr. DELAHUNT. That is correct. 700 or 800 or 900 percent, and my gut America today? Mr. BONIOR. And when they are not tells me that I am underestimating Mr. BONIOR. Of course not. Of course home, the whole fabric that keeps our that. But what is happening to the me- not. society together, the values of the fam- dian income of the American people in Mr. DELAHUNT. Is it not absolutely ily being there when their kids come this country? The top 20 percent have critical that whatever we talk about in home from school, working with them done well. terms of our own responsibility, it is to on their homework, going to their ball Mr. BONIOR. Extremely well. ensure that those standards that were games or their dance recitals, it is not Mr. DELAHUNT. But what about the created, as the gentleman said, there. And they do not participate in other 80 percent? What about the mid- through struggle and toil, stay the their community. They do not vote. H742 CONGRESSIONAL RECORD — HOUSE March 3, 1998 It is no wonder the percentage of peo- making $65,000 or $75,000 or $85,000 a one, paper machine number one still ple participating democratically in year, we should speak about him, too, made money, it was not as efficient as this country is starting to slide, be- because he has or she has not had an they wanted it. So without any respon- cause they do not know what is hap- opportunity to secure a job, similar sibility to the community, machine pening in their communities. They are kind of employment, that exceeds in number one is gone, that is 220 work- busy trying to make a living and try- many cases more than 60 percent of ers, and all the support in that factory ing to stay even. what his or her income was. needs it. Mr. DELAHUNT. It is like running The gentleman spoke earlier about Kimberly-Clark takes over, Scott on a treadmill. That is exactly what it the small business person. Does any- paper, Scott tissue, we all know that. is like. body in America recognize what is hap- Kimberly-Clark came in, bought the Mr. BONIOR. Do my colleagues re- pening in the community? The gen- product line, bought the customer member the woman who came on the tleman talked about the drugstore. I base, basically shut the place down. bus, and where was it, it was just out- have this vivid memory of every day, Badger was a very small little paper side of Gainesville, with the gentle- on my way home from school, stopping mill in Peshtigo, Wisconsin. Again, im- woman from Florida (Mrs. KAREN at the independent drugstore: The indi- ports made it cheaper to buy the pulp THURMAN), and sang us that song? vidual who sponsored the Little League elsewhere, and Badger is really strug- Mr. DELAHUNT. Anytown USA. team, who knew my name, who traded gling to make ends meet. As we Mr. BONIOR. Anytown USA; about with my parents, who was an integral globalize, not only is there economic how these towns have just changed so part of the community. and social justice you have to argue, dramatically. We now have CVS Phar- That does not happen today. That but there is also a corporate respon- macies coming in, and the small phar- store is gone. The hardware store, that sibility to these communities and to maceutical companies, the store owner was part of the song that that folk these individuals. Where do these peo- is gone. We have the Kmarts and we singer sang to us. Rather than going ple, whether in Georgia, Florida or have the Wal-Marts that have come in, down and getting your nails and ham- Michigan, who have 30 years in, go for with the huge percentage of products mer at the hardware store in our local a job? made abroad, by the way, and that just town, where again we knew that indi- Mr. BONIOR. There is a backlash kind of ruins the whole downtown area vidual and we connected with the that is going on all around not only the in these communities. owner, with the proprietor, he or she is country, around the world today, to The multinational large corporations also gone. Today we walk into Home globalization. We know it is happening, have had an enormous impact on Depot. we know it is a reality, we know it is changing the values and the face of Maybe an argument can be made, and here. It is here to stay, that our bor- what America looks like today. I have not heard it yet, that we are bet- ders are broken down, we are going to Mr. STUPAK. These workers we ter off as a result of the efficiencies be trading with each other, and that is spoke to, especially ones outside this that are occurring there. But there is good. plant, and even the textile workers something missing in terms of the The backlash comes when it is not down in Columbus, Georgia, if we look quality of life with these people going fair. What we are all about is trying to at that photograph, and I know it is on. write the rules so that the average man hard to see for the folks, but those b and woman gets a break and it does not workers there are not young people 1900 all go to the top. It is not much more just out of high school. They had 25 to Remember community banks? Is complicated than that, although we 30 years. This was the last plant they there anybody in America that has not have talked about all the difficult and had of making these telephones. So witnessed the incredible acceleration intricate pieces here. they moved, some of them, five and six of the demise of community banks? I What we have got to do is start hold- times trying to keep their jobs. know in New England we really have ing accountable those multinational And the gentleman is right, they two banks left. If you are a middle- corporations and those governments were making about $13 or $15 an hour class person, and you need a loan real that are in cahoots with these corpora- and, now, working at Target, for like $7 quickly, go in and knock on that tions to make sure that the average an hour. But look at these workers. friendly door. working man and woman get a break, They were mid- to late 50s. They have Mr. STUPAK. Whether it is banking because we are all in this together. 25 to 30 years in with this company. or whatever, and I hope the folks lis- What happens to the worker in Mexico And they said we have been gone now tening do not just think it is Georgia or Indonesia or in China affects the for over a year and we are struggling to or Florida we are talking about but it worker here. People are starting to fig- find work. is everywhere, whether it is Massachu- ure that out. And their big concern, what was setts or Michigan. I thank the gentlemen for spending their big concern? While they were re- My home area, northern Michigan, I the time this evening. I look forward to tirees and had vested benefits, they represent the northern half of the getting back on the bus with them and were now taking their health benefits State but even my little community of going to other parts of this country to away. Menominee, which is 10,000 people, and hear stories, to understand and listen Mr. BONIOR. That is right. These Marinette, Wisconsin right across the to people and coming back here and folks, 25 to 30 years, moved their jobs border, 12,000 people, we had 4 paper sharing their concerns with our col- away, now working somewhere else, mills in the area. Recently we have leagues and with the country. but at least they had these benefits. been devastated by layoffs. 896 workers With that, Mr. Speaker, I have the Now they are going after their health have been laid off since September of great pleasure and honor of yielding and pension benefits. 1996. now to the distinguished gentleman Mr. STUPAK. Now they are going for Our paper industry up there in north- from Waco, Texas (Mr. EDWARDS), the their health and pension benefits. ern Michigan, each of our mills found Chief Deputy Democratic Whip. Mr. DELAHUNT. It is important to their own little niche in the market. RELIGIOUS FREEDOM remember, too, we are not just talking What happened? The big corporate Mr. EDWARDS. Mr. Speaker, I want blue collar workers here. There were multinational company from Aus- to thank the distinguished minority people that were concerned and fright- tralia, Visi, comes in. They like this whip for recognizing me to speak for a ened about their jobs as middle man- nice little plant in Menomonee, so they few minutes on an issue that is very agers. buy it. They buy it for two reasons, the near and dear to my heart. Mr. Speak- I can remember reading 2 or 3 years niche or the product line we produce er, I am here today to discuss an issue ago a series in The New York Times and our customer base. So they buy that I believe is of critical importance about corporate downsizing and re- this plant, they buy our product line, to our Nation and to every American structuring. The victims of corporate they buy our customer base. family. The issue is religious freedom. restructuring and downsizing are out Then suddenly, even though that mill Specifically, I want to comment on there, too. The individual that was makes money and machine number Federal legislation that I believe will March 3, 1998 CONGRESSIONAL RECORD — HOUSE H743 do great damage to our Bill of Rights tance of religion in our lives. It is that ernment established a human rights and to the cause of religious liberty. same sense of reverence that should commission whose primary purpose is The gentleman from Oklahoma (Mr. move us in this Congress to protect the to investigate claims of human rights ISTOOK) has introduced a constitutional First Amendment of our Constitution, abuses committed by government offi- amendment that, if passed into law, not dismantle it. cials, Indian security forces, and mem- would for the first time in our Nation’s Some have suggested that the Istook bers of the Punjab state police. This history amend our cherished Bill of amendment is necessary because they commission is headed by a former Rights, that Bill of Rights which has allege God has been taken out of public Chief Justice of the Indian High Court. for over 200 years protected American’s places. I would suggest those people The former Chief Justice is accom- religious, political and individual must not share my belief that no panied by retired judges and private rights. On Wednesday the Committee human has the power to remove an all- citizens from the State of Punjab. The on the Judiciary is expected to vote on powerful, ever-present God from any commission was purposely filled with this ill-conceived legislation. place on this earth. individuals who are of different and The gentleman from Oklahoma (Mr. The fact is there is no law in America unique backgrounds to ensure that all ISTOOK) has mislabeled his work the that prohibits prayers in school. interests are represented. Religious Freedom Amendment. More Teachers have said as long as there are The Indian government several years appropriately, it should be called the math tests, there will be prayers in ago, I should point out, also estab- Religious Freedom Destruction Amend- school. I agree. Under present law, lished the National Indian Human ment, because that is what it will do. school children may pray silently in Rights Commission to investigate In my opinion, the Istook amend- school or even out loud, so long as they claims of human rights abuses. That ment is the worst and most dangerous do not disturb the class work of others commission has found members of the piece of legislation I have seen in my 15 and try to impose their religious views Indian security force, border patrol, years in public office. It is dangerous upon their fellow students. Today in and military to have used excessive because it threatens our core religious our schools children can say grace over force, especially in Punjab. This com- rights and would literally tear down school lunches and, if they wish, pray mission has swiftly disciplined these the 200-year-old wall that our Founding around the flagpole before and after individuals for the crimes they had Fathers built to protect religion from school. committed. the intrusion of government. That is Under the Bill of Rights, government I am surprised that there was no why I will be working with a bipartisan resources, though, cannot be used to mention in this letter that representa- coalition of House Members and reli- force religion upon our school children tives of the International Commission gious leaders from across the Nation to against the wishes of their parents or of the Red Cross and Amnesty Inter- defeat this measure. the children themselves. What the Bill national have visited India. Many dis- The Istook amendment would allow of Rights does prohibit is government- tinguished leaders from the U.S., in- satanic prayers and animal sacrifices sponsored prayer, as it should. cluding Members of this body, have in the name of prayers to be performed Our Founding Fathers were wise to traveled to India to meet with govern- in our public school rooms. It would separate church and State in the very ment officials, separatist leaders, and step on the rights of religious minori- First Amendment of the Bill of Rights. the general population. ties and allow government facilities, Religious freedom flourishes in Amer- Last year, Mr. Speaker, the predomi- including county courthouses and ele- ica today. Why? Precisely because of nantly Sikh Akali Dal party won the mentary public schools, to become bill- our Constitution’s wall of separation majority of seats in the legislature, boards for religious cults. between church and State. Islamic fun- and the party’s leader, Prakash Singh Mr. Speaker, America already has a damentalism seen in the Middle East Badal, was named Chief Minister. To religious freedom amendment. It is today is a clear example of how reli- show that they are committed to the called the First Amendment to the gious rights are trampled upon when peace and prosperity of Punjab, the U.S. Constitution. It is the first pillar government gets involved in religion. Akali Dal party ran in coalition with of our Bill of Rights. It is the sacred In the months ahead, I urge Ameri- the predominantly Hindu BJP party. foundation of all of our rights. cans to look beyond the sound bite What concerns me, Mr. Speaker, is The First Amendment begins with rhetoric of the Istook amendment and that these claims and accusations these cherished words: ‘‘Congress shall ask themselves this question: Should about the situation in Punjab really make no law respecting an establish- prayer be an individual right or a gov- are almost 10 years old now. The devel- ment of religion or prohibiting the free ernment program? opments over the last 2 years, three exercise thereof.’’ For over two cen- f elections with over 60 percent voter turies that simple but profound state- turnout and the establishment of the ment has been the guardian of religious U.S. SHOULD SUPPORT INDIAN state human rights commission, are in liberty, which is perhaps the greatest GOVERNMENT AND GOVERN- sharp contrast to the claims that are single contribution of the American ex- MENT OF PUNJAB being made in this letter that was sent periment in democracy. To tamper The SPEAKER pro tempore. Under a to the Punjab government. The people with the First Amendment of our Bill previous order of the House, the gen- of Punjab have demonstrated their of Rights has profound implications. tleman from New Jersey (Mr. PALLONE) preference and commitment to peace In the name of furthering religion, is recognized for 5 minutes. and the democratic process. the Istook amendment would harm re- Mr. PALLONE. Mr. Speaker, few I think it is time that Members of ligion. In the name of protecting reli- weeks ago, several Members of this this body look past the problems that gious freedom, it would damage reli- body had sent a letter to the Honorable formerly plagued Punjab. It is time for gious freedom. With no disrespect in- Prakash Singh Badal, Chief Minister of us to focus on different issues, such as tended to my colleague, if I must the Indian State of Punjab. The letter the major economic reforms initiated choose between Madison, Jefferson and alleges that India’s security forces and by the Punjab government. our Founding Fathers versus the gen- the Punjab state police have been in- Punjab is currently trying to attract tleman from Oklahoma (Mr. ISTOOK) on volved in a number of acts of murder, numerous American companies to in- the issue of protecting religious lib- rape, and torture of the Sikh commu- vest in the state’s infrastructure, infor- erty, I shall stand with Madison, Jef- nity. The letter also called for the es- mation technology, and agriculture ferson and our Founding Fathers. tablishment of a state human rights projects. We should support those If history has taught us nothing else, commission to investigate these al- American companies, such as Pepsi, it has taught us that the best way to leged crimes. Heinz, and Kellogg, who have already ruin religion is to politicize it. Our Mr. Speaker, there is no need to res- made tremendous investments and Founding Fathers deleted the mention- urrect these allegations or propose a have helped bring stability back to the ing of God in our Constitution, not out new way to deal with them. state of Punjab. of disrespect but out of total reverence Last year, under the direction of Mr. Speaker, I am simply asking that for their faith in God and the impor- Chief Minister Badal, the Punjab gov- we show our support and work with the H744 CONGRESSIONAL RECORD — HOUSE March 3, 1998 Indian government, as well as the Pun- rity Trust Fund is part of the national increase; 64 million seniors in this jab government, in keeping peace with- debt. In fact, it is part of the debt sub- country, a 73 percent increase between in Punjab. We should encourage Amer- ject to the debt limit that is set by now and the year 2025, where the work- ican companies to take advantage of Congress. But creatively, on the other ing population is only going to be in- the opportunities that exist in Punjab. hand, we say, well, this is a unified creasing 14 percent between now and Over the last 2 years, the citizens of budget. Therefore, we are going to call that time. So you have an increasing Punjab have demonstrated their com- what we borrow from the Social Secu- number of seniors and a decreasing mitment to peace and democracy. I rity Trust Fund revenues, and, there- number of taxpayers that are paying think it is time we put these problems fore, the budget is balanced. into Social Security. in the past that existed in Punjab be- I would suggest that the true test of Let me just rego into history a little hind us. They are being addressed by a balanced budget is when the national bit on how Social Security was started. the human rights commissions that are debt stops going up. Social Security was started in 1935. It in place. Look at this next chart. Here is the was started as a pay-as-you-go program It is much more valuable for us to problem that we are having now in So- where existing workers pay in their talk about what we can do as Ameri- cial Security. The little blue area on taxes to cover the benefits of existing cans to bring Punjab and India closer the top that goes from 1997 until the retirees. So no savings, no investment. together with the United States, as I year 2011 is the surplus that is coming It worked very well in those early know so many of the people in this into the Social Security Trust Fund. years, because in those early years, the body, including our Members of the That blue is the positive side that average life span of an individual was India Caucus, have strived to do. means that there is more Social Secu- 61 years. So most people never even f rity taxes coming in than is required at lived long enough to collect any Social the moment to pay out benefits, be- Security. So a system, a Ponzi game, a b 1915 cause Social Security is a pay-as-you- pay-as-you-go chain-letter-type struc- SAVING SOCIAL SECURITY go program. That temporary surplus is ture like this, worked very well if peo- The SPEAKER pro tempore. Under what we are using to currently balance ple did not collect that Social Secu- the Speaker’s announced policy of Jan- the budget. rity. uary 7, 1997, the gentleman from Michi- But that goes away in 2011. It goes But today, let me tell you what the gan (Mr. SMITH) is recognized for 60 away because the cash revenues com- average life span is today. Today the minutes. ing in to fund Social Security benefits average life span, at birth, for a male, Mr. SMITH of Michigan. Mr. Speak- are going to be run out, and the bene- is 74 years old; for a female is 76 years er, our Congressional Budget Office fits are going to be greater than the old. But if you live long enough to today made an announcement that dollars coming in from the Social Se- start collecting Social Security, if you they now predict that we will have a $8 curity taxes. live to be 65, then on the average, you billion surplus this fiscal year ending So you see what happens in the other are going to live another 20 years. That October 1. It gives me a great deal of year, and this really gets to the heart is part of the problem. That is why the concern that we are hoodwinking the of the serious problem of Social Secu- increase in seniors is going up so dra- American people on what a surplus rity. If you go way to the bottom right- matically, and the increase in the peo- really is. hand side of the chart, you see we are ple working and paying their taxes is If one looks at this chart, it shows going to have to borrow $400 billion or going up modestly. what has happened between 1960 and come up with $400 billion additional After World War II we had a high 2000. You notice even in spite of the dollars every year to satisfy what we birth rate, those individuals called the Washington claims that there will be a have now made promises to the retirees baby-boomers, who are going to be re- surplus, the national debt keeps going that are going to be getting Social Se- tiring just about starting in about 2010, up and up and up. That is because the curity benefits. 2011, 2012. So these high-income people way Washington defines a surplus is all A huge problem on Social Security. I go out of the pay-in category and start money in, and all money out. The think we have to face up to it. The collecting from Social Security and Trust Fund surpluses are spent in So- number one thing that the American Medicare and other benefits. So they cial Security. In fact all our Trust people have got to start looking at, stop paying their taxes in. That is part Fund surpluses are spent on other though, is the fact that Social Security of the reason that we really fall off in items, and they are used, in effect, to has serious problems. Part of the rea- the year 2011, not having enough tax pretend that we have a balanced budg- son, part of the reason they are having revenues as the senior population et, when we really do not. the problems for the future is that we starts increasing. So while we are professing great ac- are borrowing the surpluses today to By 1942, there were 40 people work- complishments, that we are having a spend for other programs, and we are ing, paying in their Social Security surplus of $8 billion this year, this is borrowing those surpluses to pretend tax, for every single one retiree. Now, how much we are borrowing from So- that we have a balanced budget, in fact this chart shows that by 1950, that got cial Security. a potential surplus this year and next down to 17 people working, paying in The Social Security Trust Fund in year. The surplus projected by CBO their taxes, for every retiree. Today it 1998, total revenues in, $480 billion; next year is $9 billion. Next year we are is three people working, paying in their total expenses, $382 billion. We are bor- going to be borrowing $100 billion from taxes. The estimate is by 2027, there is rowing from the Social Security Trust the Social Security Trust Fund. The just going to be two people working, Fund, the bottom line, $98 billion. So following year, in the year 2000, I think paying in their taxes for each retiree. when they say we have a surplus of $8 the estimate is that the surplus is That is why it is so important, so criti- billion, it says maybe we are only bor- going down to $1 billion. cal, that we start facing up to this rowing $90 billion from the Social Se- The fact is we need to acknowledge problem today, that we do not bury our curity Trust Fund. the fact that we are borrowing from heads in the stand, but we start ac- This is the historical tables that the the Social Security Trust Fund to bal- knowledging Social Security. President sent over last month with ance the budget, to so-called balance I compliment the President for at his 5-year budget. If you would turn to the budget. least saying, look, Social Security is a page 111 on these historical tables, you This next chart I think is interest- problem. We need to give it a priority. would see that the President’s budget, ing, because it starts looking at what Let us make Social Security first. I every year for the next 5 years, the na- the problems of Social Security are in say, yes, let us do it. Let us move tional debt increases between $130 bil- this country. This chart shows the ahead. lion and $175 billion. That is because numbers. It is the demographics of I talked to Ned Gramlich, who is we are borrowing from the Social Secu- what is going to be happening to us from the University of Michigan. I am rity Trust Fund. over the next several years. The num- from Michigan. He headed the Presi- So on the one hand, we say that the ber of seniors, the number of retirees is dent’s Task Force on Social Security. money borrowed from the Social Secu- increasing dramatically, a 73 percent He spent 2 years. They could not agree March 3, 1998 CONGRESSIONAL RECORD — HOUSE H745 on any single solution. They came up start the Medicare program in this cent, just for Social Security. Then with three different solutions. How- country. Every time we were short of you add Medicare on top of that. Then ever, what is interesting, every solu- money, guess what we did? We in- you add your other income taxes and tion said that individual opportunity creased taxes. your excise taxes on top of that. to invest some of that money as their This chart shows how we have in- I think we need to start deciding just own money is part of the solution. So creased taxes. What I would like to how much government we want in the you start changing it from a fixed ben- point out is since 1971, Social Security United States, how much government efit program to partially being a fixed taxes have gone up 36 times. I am going are we willing to pay for, when 40 per- contribution program. to say that again. Since 1971, we have cent of the time you work, you work And here is why every one of the increased Social Security taxes, the just to pay your taxes? Let us think of three propositions that were put before rate or the base, 36 times. More often the possibility of getting all taxes us from that group included private in- than once a year we are increasing the down to 25 percent, at least, of what vestment as part of the solution. It is taxes on working families in this coun- you make. Let us start looking at a because over the last 90 years, the av- try. more frugal Federal Government. erage return on index stocks has been 9 It is not a good way to go. We have percent, 9 percent return. What do you got to make some changes, and I think Of course, the Federal Government is think the average return for everybody the sooner we do it, the better. the government that takes most of the that is under 55 years old is going to be Since we have increased taxes so tax money out of your pocket. This today in Social Security? The Tax much, if you look at the working popu- last chart that I have, that I think is Foundation estimates that anybody lation in this country, today 78 per- optimistic in terms of what you can that retires after the year 2000 is going cent, this chart shows that 78 percent make if you are going to have an in- to have between a negative 0.5 percent of working families now pay more in vestment in the stock market, it is op- return and a negative 1.5 percent re- the FICA tax than they do in the in- timistic as far as the Social Security turn. So Social Security as an invest- come tax. So we are faced with a situa- return. The Social Security Adminis- ment is a very, very bad investment. tion where taxes have been increased tration, on the bottom right-hand side, So if part of that money could go and so often that 78 percent of all workers estimates that you can have had about be invested, you are still going to have pay more in the FICA tax than they do a 1.7 percent return if you are lucky to pay it, it is still going to go into the in the income tax. enough to be a white female that is Social Security Administration, but going to have a longer period of years, b 1930 like a 401K or like a Thrift Savings so you are going to live over the 26 Plan, it will be an investment that is How are we are going to change it? years after retirement, and you are going to be the property of the individ- What are we going to do? This, I think, going to make a return on the invest- ual worker. is hopefully a heads-up, an awakening, ment of approximately 1.7 percent. Would it not be great for a change, to the young people in this country However, if that same investment we heard earlier this evening about the that should start demanding that this were put in the indexed stock market, dilemma of people moving up and see- Congress and this White House do you would be earning a return of ap- ing and experiencing the creation of something to save Social Security for proximately 8.5 percent. The middle wealth. Part of the reason is this gov- them. We are making them pay these blue line is the average real bond re- ernment and other governments are huge amounts of taxes out of their turn, so even if you are investing in taking so much away from individuals pockets, and if we do not do something, bonds, I am proposing in my bill, and I in taxes. On the average now, 40 cents they are never going to see any return have introduced the only bill in the out of every dollar you earn goes in from those taxes. That is the danger we House that has been scored by the So- taxes. If you could reduce that a little are facing. cial Security Administration that will bit, if we could allow workers the op- If we look at what happens in terms have been scored to keep Social Secu- portunity to invest some of that money of the number of years that you are rity solvent. going to have to live after retirement into investments that are going to cre- In my proposal I am suggesting that to simply break even on what you and ate wealth, where they could see the we do not increase taxes, that we do your employer put into Social Secu- magic of compound interest, where not effect any reduction in benefits for rity, this chart shows, because it is a their money is doubling every so many those that are retired or those that are Ponzi game, shows that if you retire years, and, believe me, about the close to retirement, but we start tak- early, you can get all of your money eighth doubling, the quadratic really ing some of that surplus money, and back that you and your employer put increases, and you end up with really instead of spending it for other pro- into it in the first 2 years or 4 years; 16 saying, gosh, this is a good idea, saving grams we take some of that surplus years if you retired in 1995, and it goes and investing. money that is now coming into Social up to 23 years that you are going to That is why part of the solution has Security and we start solving the prob- have to live after retirement if you re- to be, in Social Security, an individual lem by letting workers invest 2.5 per- tire in 2005. If you retire in 2015 you are having that opportunity to take part of cent of their taxable income. What going to have to live 26 years after you that Social Security tax and saving it would everybody do if they had the op- retire. and investing it and having the oppor- portunity to invest 2.5 percent of their Another way of saying this is the sta- tunity to see the creation of wealth. taxable income in safe investments? tistics from the Tax Foundation that The next chart represents what I They would see the creation of wealth. think is what we have been trying to say you are going to get a negative 1⁄2 1 I think by taking this so-called sur- say in terms of what is happening to to a negative 1 ⁄2 percent return on the the number of seniors that will be in- amount of money you and your em- plus and investing it back into Social creasing at 79 percent, and on the age ployer put in Social Security. Let us be Security, by allowing workers to own 20 to 64, they only increase 20.6 percent, perfectly clear whose money that is some of that money so if they hap- and then under age 20 goes up 4.7 per- when the employer puts in half of that pened to die before they reached retire- cent. It is another way of describing 12.4 percent. It is coming out of the em- ment age, it would be part of their es- the serious demographics that is really ployee’s pocket. tate; unlike Social Security, it would putting a challenge before the United I mean, if the employer was not will- be what they own. States Congress and the President in ing to acknowledge that he was willing I am suggesting that with the oppor- terms of both Social Security and to pay this much to the employee and tunity to invest part of the money, and Medicare. this much in taxes, that is what the every year I increase the amount of Since we created Social Security in employee is worth. So far as I am con- money that would be allowed for per- 1935, every time we had a little extra cerned, it is coming out of the pocket sonal investment, because as the trust money, we expanded the program and of the employee, that 6.2 percent that fund expands, then what we are dealing expanded benefits. In 1965, for example, the employer pays in, for a total out of with is more money available to in- we amended the Social Security Act to that employee’s pocket now of 12.4 per- crease the percentage of your Social H746 CONGRESSIONAL RECORD — HOUSE March 3, 1998 Security tax that you can privately in- of the rough version. You take your 35 Senate. Other individuals say let us ap- vest, so it takes 50 years under my pro- best years of income or wages that you point a commission. posal, but you finally get to 10.4 per- are making, and out of those 35 years Personally, I question appointing a cent out of the 12.4 percent that you you get an average monthly earning. commission if we are going to simply could invest as your own investment. Then you take the average monthly have a commission that is going to I am suggesting that you can retire earning and you take the first roughly spend a couple of years, like the Presi- as early as you want to to have that $450 and you say you are going to get 90 dent’s Commission did, coming up with kind of fixed contribution returns on percent of that lower amount and then alternative solutions. I think it is Con- your investment. You can take it out 15 percent of a higher amount. So what gress’ responsibility, it is the Presi- at 591⁄2 years old, or whenever you have it does is add some degree of, if you dent’s responsibility. enough money to buy an annuity, just will, progressivity to the way we cal- Let us look at the best possible solu- to guarantee that you are not going to culate Social Security benefits. tions with the goals of not interfering be spending it all and depend on other So we go from 90 percent to 30 per- or reducing the benefits of existing re- taxpayers to help you out later. You cent to 15 percent of your wages, and 15 tirees or those that have already can retire as early as you want to. percent of the high wage. That means planned their retirement based on the I am suggesting that as you have per- that the high-wage person that is con- promises kept, with the goals of mak- sonal investments, a good way to di- tributing up to the maximum is going ing sure that Social Security is going vide that personal investment between to get a lower percentage back in to be a good investment for working man and wife, between spouses, is to terms of benefit than the lower wage- families in this country, and with the add what each spouse is allowed to in- earner. goal of making sure that Social Secu- vest, and you add both spouses’ invest- What I do in my proposal is I slow rity is going to be available for our ment opportunity together and you di- down the increase in benefits for that grandchildren. vide by 2. So both the man and the high-wage earner. I increase the retire- f wife, whether the wife is working or ment age by an additional 2 years. But DEVELOPMENTS DURING AND staying at home, would have the exact to offset that 2-year increase in retire- AFTER BLACK HISTORY MONTH same amount that they are investing ment age, I say that an individual can The SPEAKER pro tempore (Mr. in their own personal retirement sav- retire and use their returns for their BLUNT). Under the Speaker’s an- ings account. investments as early as age 591⁄2. So nounced policy of January 7, 1997, the Some people have asked me, what do within 30 years, it could very well be gentleman from New York (Mr. OWENS) you mean by ‘‘safe investments’’? What that what they are getting from their is recognized for 60 minutes. I have done in my legislation is limit- personal investments would be greater Mr. OWENS. Mr. Speaker, there have ing it to either indexed stocks or in- than what they get from their fixed been a lot of developments over the dexed bonds or indexed global funds or benefits under the traditional Social past 2 weeks, and I had meant to speak indexed cap funds and other safe in- Security. last week and was unable to because of vestments, as determined by the Sec- Yet one only needs to look at several the sudden adjournment that took retary. It is the direction that we have examples of what States are doing to place last Tuesday, but I think what I to go. The quicker we move ahead on see the advantages of investment, real wanted to talk about is still pertinent. these kinds of solutions, the better off investment, and the returns that that I wanted to talk about the closeout, our future is going to be, not only for can create as far as pension benefits the ending of Black History Month. existing retirees, but for future retir- compared to the Social Security fixed February was proclaimed as Black His- ees. benefit program, where, in effect, we tory Month or African-American His- I have been asked the question in my spend all of the money immediately tory Month for 1998. But since that town hall meetings, why do you not when it comes in in taxes. time there have been a number of de- just take the $65,000 cap off what indi- If we were to look at, for example, velopments which I think are relevant viduals are now required to pay that some counties in Texas that had the to what I had to say at that time, so I 12.4 percent of? When we started this option of not signing into Social Secu- am going to try to blend in some of program we started at 11⁄2 percent of rity but invested that money in the these additional developments that the I think first $3,500. Now, over the kind of investments in stocks and have taken place with the statement years, we are now up to 12.4 percent of bonds and mutual funds, whatever, that I originally wanted to make in the first $65,000 that you earn. those people recently now are getting connection with Black History Month. But if you were to take the the cap up to 8 times more than they would Some relevant developments include off, because Social Security benefits have if they had been in the traditional the conclusion of a peace mission to are calculated based on what you put Social Security system. Iraq, which I think is relevant to what in, if you took the cap off, the more Mr. Speaker, private investment has I have to say. Another development is you put in, the more your benefits to be one of the considerations of how the issuance of a report last week by would be. So I think that brings us to we solve Social Security. I say, and the Milton S. Eisenhower Foundation a decision: Do we want Social Security this is what I said when I spoke to the and the Corporation for What Works. It to turn into a welfare program that has National Association of State Treasur- is called ‘‘The Millennium Breach,’’ in no relationship to the contributions ers this afternoon, going over this commemoration of the 30th anniver- that go in? problem, is let us look at all the op- sary of the National Advisory Commis- I suggest that we do not want to turn tions. sion on Civil Disorders. The National Social Security into a program that Let us say here are all of the ways Advisory Commission on Civil Dis- says, well, if you saved and invested that we can help stabilize and keep So- orders was better known as the Kerner and did it on your own and were lucky, cial Security solvent. Let us start talk- Commission Report. then you do not get anything back; but ing about those options, pick out the The Kerner Commission Report was a if you did not save and you did not in- best options, and let us, by the year report commissioned by President Lyn- vest and you did not take two jobs 1999, next year, let us come up with a don Johnson to study the riots that along the way, then we are going to Social Security bill and start moving took place in the sixties and to develop have a Social Security program. I it forward as far as solving this prob- a set of recommendations for the Fed- think there is some danger in turning lem, because the longer we wait, the eral Government. I like to call it the Social Security into a welfare pro- more drastic the changes are going to Kerner-Lindsey Commission Report, gram. However, I do think that we need have to be. because Mayor John Lindsey, who was to slow down the increase in benefits So let us face up to it, let us talk at that time Mayor of New York, was for the higher wage-earners. That is about it, and the gentleman from also appointed as Governor Otto what I do in my proposal. Texas (Mr. CHARLIE STENHOLM) and the Kerner of Illinois’ vice-chairman, sort I wonder, Mr. Speaker, if everybody gentleman from Arizona (Mr. JIM of. I know that Mayor John Lindsey understands how we calculate Social KOLBE) have a bill that says let us have did a tremendous amount of work on Security today. Let me just give sort a joint committee of the House and the that Kerner Commission report. March 3, 1998 CONGRESSIONAL RECORD — HOUSE H747 b 1945 place in relation to Black History In other words, all low-income peo- So the Kerner-Lindsey Commission Month. More and more corporations ple, all poor people, black, white, any report stands as a report which I think have advertisements which indicate other ethnic group or race, would be el- is as great in the refusal to recognize their recognition of Black History igible on the basis of the fact that they as it is in its value. It has a great Month. More and more programs are on need the opportunity. Extra help value, but if we had a way to measure public television, and even on commer- should be given them because they are the volume of the abandonment or at- cial television they include more and poor. Extra help should be given them tempt to ignore it, then it would be far more programs on black history as because the circumstances under which greater than its value. time goes by. they were born placed them at a great From the very beginning, the Kerner- So I am pleased with the observance disadvantage. So there are people who Lindsey Commission report was of all of these micro items, these micro are rabidly against affirmative action, snubbed by the President himself. activities of black history taking place who will tell us that they are all for President Lyndon Johnson, when they more and more. That is a step forward. opportunity programs. gave him the report, he refused to com- I applaud that progress. I would like to talk about how the ment on it publicly. He accepted it, Black History Month was supposed to knowledge of some basic facts and nodded his head, and that was the end be a month in which we bear witness to basic phenomena related to black his- of it as far as he was concerned. the progress, the richness and the di- tory and the 232 years of slavery that By that time, President Lyndon versity of African-American achieve- were experienced by our ancestors, Johnson was greatly burdened by the ment. Carter G. Woodson created and black ancestors, how that throws a problems of the Vietnam war and do- promoted Negro History Week. This light on that argument too. Because mestic issues. He had had enough in week was selected because it included what we find is that many of the people terms of their disturbing his focus on the birthdays of Frederick Douglass who say, ‘‘I am against affirmative ac- that war. Issues related to civil rights, and Abraham Lincoln. In 1976 the week tion but I am all in favor of oppor- et cetera, he had given some time and became a month. tunity,’’ when we confront them with a attention to, and he was upset by the It is time for Americans to reflect on set of recommendations for oppor- fact that there was not more gratitude the history and teachings of African- tunity programs they are quick to re- and that all of these riots had broken Americans whose contributions are treat. It becomes ‘‘big spending.’’ Op- out in the summers that led up to the still too little known, and that is basi- portunity programs equal big spending. need to commission the Kerner Com- cally what has been taking place. In fact, we took out something called mission report. Finally, when it was There are those kinds of items in the ‘‘Opportunities to Learn.’’ We took it given to him and the recommendations mass media and schools and churches, out of the law in 1996 in the appropria- were made, he did not care to deal with and Carter G. Woodson is to be ap- tions process. In 1996 we had a thing in it. plauded for having launched this, be- the education law, the Elementary and The basic recommendation was that cause it was launched at a time when Secondary Assistance Act, which said we were evolving toward two societies, there was a determined effort to ignore that the Federal Government would en- one black and one white; that the con- any positive achievements of American courage standards for opportunity to ditions that existed in the black com- blacks, former slaves. learn in our schools. munities were very different from the My problem with what is happening We have standards for tests, we experience that was taking place in the is that it does not go far enough. I am should have standards for opportunity white communities; and that we needed pleased with the micro items, as I am to learn. We had standards for curricu- a series of programs to address the fact sure Mr. Woodson would be pleased. lum. The one standard that they took that we were evolving into two sides. The recognition of various people, of out was the standards for opportunity There were two different sets of oppor- positive achievements of various indi- to learn which, translated into com- tunity, and those two different sets of viduals and personalities, various mon-sense English, it was only a state- opportunities were spawning different movements, all of that I am quite ment that the Federal Government reactions and creating a situation in pleased with. would use its influence. Nobody was the black community which led to I would like to go further and say mandated to provide opportunities to those explosions. By that time, nobody that in future Black History Months learn. It would use its influence to en- wanted to deal in a rational way with we focus more on macro experiences courage States to have certain stand- what was happening and the Kerner and relate those macro experiences to ards with respect to opportunities to Commission report was tossed aside. what is happening now. In other words, learn. So I want to congratulate the Eisen- I think it is important to look at Mr. Speaker, that meant in addition hower Foundation. It established a macro phenomena related to black his- to setting standards for curriculum and continuation committee at that time, tory, certain macro phenomena, and giving tests to see if the young people and every 10 years they have updated see how they have an impact on what lived up to those standards, we would and commented on what has happened is happening now. also make certain that the young peo- since the Kerner Commission report, What is the impact of knowing more ple who are taking those tests had an and this is the 30th year anniversary. about black history on our current ar- adequate supply of books, that they Mr. Speaker, I think that their rec- gument related to affirmative action? had teachers who knew their subject ommendations here are worth taking What does a greater knowledge of matter, that they had buildings which note of, especially in connection with black history have to do with that were adequate in terms of being condu- the closing out of Black History present situation where there are clear cive to learning and certainly safe and Month. forces lined up on both sides, some without health hazards. That was a Black History Month this past year against affirmative action, and we have frightful thing, and many governors probably saw a greater number of ob- a movement underway to get referen- throughout the Nation were the ones servances and recognitions of the basic dums and to reject and repeal all laws, who put a great deal of pressure on attempt to highlight achievements of regulations related to affirmative ac- both Democrats and Republicans to get blacks and the fact that blacks exist as tion? What light can knowledge of rid of that language because although a major part of the American experi- black history throw on this debate? it was not mandatory, just to have it ence than ever before. Carter G. Wood- Then of course there are other people around, the governors found uncom- son founded Black History Month who say that affirmative action needs fortable. The people who make deci- many years ago, and he would have to go but they are ready to provide sions found it uncomfortable because it been proud of the depth and the more ‘‘opportunity programs.’’ An op- meant they would be on the spot in breadth of the recognition and the ac- portunity program is defined as being terms of providing resources, which tivities that took place during the past different from an affirmative action means money. We have to have the month. program because an opportunity pro- money to provide the resources to And every year that has been the gram would create opportunities on the guarantee that before we give a child a case, more and more activities take basis of disadvantaged status. test to see if he has lived up to certain H748 CONGRESSIONAL RECORD — HOUSE March 3, 1998 standards of curriculum that we have sure that the wealth is utilized to guar- because they owned nothing. They set, that we have also provided him op- antee that the elderly people do not were owned themselves, and whatever portunities to learn. have to worry and be ashamed of living they had was under the jurisdiction of So they backed away from it because long. That is at the heart of the mat- their masters. it looked like it would cost a lot of ter. No capital is the primary problem in, money. It will. We have to have decent If we cannot agree that the wealth of and the lack of capital is the primary physical facilities. The President’s con- the Nation should be dedicated to mak- problem of impoverished African Amer- struction initiative would cost a great ing life comfortable for the elderly, ican communities. The struggle of the deal of money, and that is necessary to then we can see how difficult it is to newly freed slaves to own homes and provide the opportunity. If we provide agree that some of the wealth of the land received no assistance. The newly telecommunications facilities for Nation should be dedicated to creating freed slaves were told at one point by schools and we provide computers and maximum opportunity for all those General Armstrong of the Union Army, we wire schools for the Internet, that who need opportunity. who had his own ideas about reforming costs additional amounts of monies. We Why should African-Americans and about justice, he briefly had an ex- are providing those opportunities for among the disadvantaged be treated periment with every slave was to get 40 the poor who would normally not have with any special favors, is the way acres and a mule. That is where that those opportunities. most people put it. Why are they poor phrase comes from. They gave a few We have the schools already in the in the first place? Why have they not slaves 40 acres and a mule. And Con- suburbs, the schools of the future. made it? The people argue that expend- gress stepped in and told General Arm- They have the state-of-the-art commu- itures for opportunity should not be strong to cut it out. He had to stop nication, the computers, the Internet made because they all had a chance to that before it really had any impact hookups. We have the best schools in make it, all Americans have a chance whatsoever. So the 40 acres and a mule the world in certain parts of the coun- to make it, and if they are poor it is promise was not realized. try. But in other areas we have young- because there is something wrong with Slaves, even after the 13th amend- sters who would benefit from certain them. Why did they not make it? As a ment set them free, and the 14th opportunity standards, but we have community, why are the African-Amer- amendment gave them equal rights, backed away from it and they are get- icans so far behind the other people and the 15th amendment gave the right ting less and less instead of more and who came over here or were brought to vote, they could not participate in more. over here? the land grant program, the program So it becomes critical to confront Immigrant groups that came later which provided free land to Americans those who advocate opportunity versus than the slaves have fared much better and they could stake out land and from affirmative action, to put their money economically and they are not so de- the government begin a homestead and where their mouth is. Live up to it. Let pendent. The percentage of people who start a new life. Ownership came from us have real opportunity programs. are poor among other ethnic groups is God, I guess, from God through the In this report done by the Eisen- not as great as the percentage of American Government to white people, hower Foundation to update us on the groups of people who are poor among but slaves were not allowed. There Kerner Commission report and where African-Americans, we hear. There is were no reparations, no 40 acres and a we are in relation to that report, they something wrong with African-Ameri- mule. And when the land was given have a set of recommendations and cans. out, whether it was the land rush or some budget figures to go with those Well, let us take a look at a piece of whatever form they utilized to give recommendations. So we are back to history, a phenomenon of history, not away land, blacks were not allowed to square one in terms of here is what is a single achievement or micro achieve- participate. needed to provide opportunity, focus- ment of one group or one individual. As a group the deficit created for 232 ing on opportunities for minorities in Let us look at the phenomenon of 232 years has still not been overcome. You big cities mostly, but the same thing is years of slavery. cannot overcome 232 years of passing true of disadvantaged people in any down absolutely nothing, no wealth b 2000 part of the country, poor people. from one generation to another. So when we confront people who say I have talked about this before. I And if you want to go check your we do not want to spend that much think it cannot be emphasized too own family, find out exactly where did money to take care of the needs of the much. For 232 years slavery denied the your wealth come from, your assets. disadvantaged or the poor, it will break opportunity to accumulate wealth to Some people are not wealthy, but you the government, we will go broke and our ancestors. African American ances- do have some assets. You own a home. big spending programs have brought us tors, blacks, slaves who, by the way, Often couples who own a home were to the point of disaster in our econ- were not immigrants, they were hos- given part of the down payment by omy, we still confront people like that tages. They were kidnapped and their parents. How were your parents despite the fact that we are enjoying brought here and forced to provide free able to give you part of the down pay- an unheralded, unprecedented era of labor. ment? Because they had accumulated prosperity. By the way, also, labor for those 232 some assets before. Where did they get The index of the most favored stock years had a greater value than labor their assets from? They probably had index is above 8,000. I listened to the has now. It was a labor-intensive some help from their parents also. Of gentleman from Michigan talk about world, a labor-intensive economy. You course, when you have big multiples of Social Security. Part of what he is say- did not have machines to do the hard this and people take the small amounts ing is what a pity it is that people live work. It took labor. that they inherit, they invest it, they so long. How awful that it is we are So the human capital supplied by the use their ingenuity, and they use cap- confronted with a dilemma because we slaves was supplied free because they ital in ways that increases their are living longer and that places a bur- were forced to give it, and they got wealth, you have large numbers of peo- den on Social Security. People did not nothing back for it for 232 years. That ple become very wealthy and rich. But use to live so long when Social Secu- is more than six generations. No if you have no capital to begin with, it rity was first conceived. They had a wealth was accumulated. But in the is almost a miracle. much shorter life span. world, all over the world, wealth is ac- There are some blacks who got rich. Well, Mr. Speaker, when Social Secu- cumulated by inheritance. It is passed Madam C.J. Walker was one of the first rity was first conceived we did not down from one generation to another. millionaires in the black community. have a stock market index up at 8,000. If a generation, if a group of people are She did not start out with anything. Unprecedented wealth is being accumu- not able to pass down any wealth, then She had a lot of ingenuity, and she lated in America. Why should we worry they have a deficit. African Americans knew how to take advantage of the fact about people living so long because came out of slavery in 1865 with a defi- that all black women wanted to be that is going to place a burden on the cit of 232 years of not being able to pass beautiful. Cosmetics and the various Social Security system. Let us make on anything, not even a pair of pants, things connected with hair and beauty March 3, 1998 CONGRESSIONAL RECORD — HOUSE H749 enhancements was her business. But little general store, somebody being finally work the situation out so that and there are many others who took al- able to patronize it and accumulate we were set free. most nothing and made something out wealth by running a general store? The abolitionists who were often ridi- of it. Whatever they had, you know, accumu- culed and not given the proper role in But in general, miracles are not lated very meager profits because you history, people who were motivated made. Ordinary people in any group were in a community. It was seg- mostly by religion and a belief that cannot make miracles. They come regated. For years after slaves were set God would not accept a condition through a process of slow accumulation free, the dual economy produced very where just because one’s skin was of wealth, handed down from one gen- little wealth, the segregated economy. white you had a reason to reign over eration to another, opportunities if you That is one of the basic phenomenon another group that was black, they re- own a home, you can get, you have col- of black history that needs to be refused to accept that, and they not only lateral so you can get a loan for a busi- viewed more often by blacks and by refused to accept it, they took action ness. If you have a business and the whites. Understand that there is a 232- and they agitated to get rid of slavery. business is going, you can get another year economic deficit that slave labor They were mostly white. Some of the loan or you can make some invest- was demanded, commanded for 232 first statements against slavery in ments. We know how capital is accu- years for nothing. They got nothing in writing were made by the Quakers in- mulated and handled in this society. If return. There were no reparations. sisting that they would not tolerate you start 232 years behind, then you We talk about reparations. People slavery within their midst. They were have a major deficit. get very angry. Why should blacks de- white. Finally, in the woods and on the It is important for every black teen- mand reparations? Reparations obvi- field and wherever the bloody Civil War ager to understand that. Some of the ously has some validity because they took place, it was mostly white sol- hate that we experience is due to the do require reparations in certain ac- diers who fought on behalf of the end- fact that they have no knowledge of tivities. Our civilization now under- ing of slavery. They fought on both history. They do not really understand stands that justice sometimes requires sides, but there were white soldiers why their parents were poorer than reparations, but when blacks talk who gave their lives and hundreds and others, why their grandparents did not about reparations, immediately you thousands for the cause of the Union pass anything down. They do not un- get hostility. People turn off or they and under the banner of Abraham Lin- derstand it, so they absorb some of the turn away or they turn towards you coln. We would not be free if that had trash that is thrown at them about violently. not been the case. being inferior, different from other im- So that is one phenomenon, the eco- So there is no need to get caught up migrants, and they begin to hate them- nomic price that was paid, the dis- in ethnicity and simple-minded solidar- selves, and they begin to act out in advantage. Those who argue against ity to the point where you cannot re- ways which are very counterproductive opportunity programs, opportunity late to the other race because they and antisocial because they have no programs that might focus money on were a part of that terrible crime of sense of the fact that there is a dis- education programs for disadvantaged slavery, that criminal institution. advantage there all right, but it has African American youth in inner cities That closes the door and does not rec- nothing to do with them as individuals. where the poverty is piled up and still ognize the fact that African Americans Just the opposite is true. continues, those who argue against have two sets of ancestors. We have Af- They should understand that the that should take a look at the fact that rican ancestors, and we have American very fact that their ancestors were able there is a reason why the need is there, ancestors. Thomas Jefferson is my an- to endure the Atlantic crossing, where and part of that reason relates to cestor; George Washington is my an- slaves were not brought in immigrant America as a Nation, America as a Na- cestor. ships, as bad as some of the ships tion tolerated slavery. America as a I do not think it was wise, I am not might be. The movie Titanic showed Nation provided the legal structure to proud of the fact, that a school in Lou- you how the poor people were in the maintain slavery for much too long. isiana decided to change the name of hold of the ship, and when the ship There are heroes, of course, who tried the school from George Washington to wrecked, they were at a great dis- to get rid of it early, and finally Thom- some other name. I think it was advantage. The kind of accommoda- as Jefferson got a prohibition on the Charles Drew who deserved to have tions that they had were palaces com- importation of slavery long before Lin- schools named after him, but to have pared with the way slaves came over. coln was able to issue the Emanci- children reject their ancestor, their Slaves came over lying flat, to make pation Proclamation. The Congress was past, because George Washington the maximum amount of room. They able to pass the 13th amendment. It owned slaves. Yes, he did own slaves, had to lay flat for the whole trip, and was a heroic struggle, and I think I but if he had not had a mindset dif- also to control them, they had to lie want to note that some African Amer- ferent from his own ancestors, he came flat, piled one on top of the other in ican youth who are very angry about it out of a monarchy, they came from a the holds of the ships. And the very accuse white people of being respon- monarchy, they came from a society fact that our ancestors endured the sible for it and find it difficult to relate which looked at all men as being infe- crossing was a great achievement. to white people because they think rior classwise. You had a certain elite The fact that they endured 232 years they are the victims of a long-term class, the royalty that looked down on of slavery from one group to another, plot and all whites are equally guilty. everybody and reserved the right to they survived with some humanity in- We cannot make alliances, we cannot command everybody and to more or tact, that is a great achievement. I tell integrate, we cannot become part of less enslave everybody. If George Wash- people, I am a descendant of an aristoc- some caring majority activity because, ington had continued that tradition, if racy of survivors, and every black per- after all, those people cannot be trust- he had not had whatever it was that he son ought to understand, you are a de- ed. Those people did that to us, and had when he denied the crown, if he scendant of an aristocracy of survivors. anybody that has ancestors who par- had accepted a crown when it was of- A great achievement just to stay alive. ticipated in a thing as heinous as slav- fered to him, we would have had a mon- But in the process of just staying ery cannot be trusted. archy. And probably that monarchy alive, we could not accumulate wealth. My answer to that kind of reasoning, would still be nurturing slavery be- The system would not allow us to do by young people or anybody else, old or cause you would have had a long strug- that. You have to have something. young, is that the white people set us gle just to set the ordinary common Property owners and consumers make free. The white people were part of the white men, Indians, everybody else who the economy percolate. The turnover of process. We are indebted to our ances- came over here, to set them free before wealth at the local level sets off a tors, blacks, for surviving and for en- you got to the slaves. chain reaction that accumulates sig- during. We would not be here if they At least you had a group of men, no- nificant amounts of capital. Local had not endured all of things that were body quite knows how the miracle of slave communities, what did they have done to them. But white people had the 1776 took place, how you had a group of to turn over? How could they have a power, and only they had the power, to men who were so rational and at least H750 CONGRESSIONAL RECORD — HOUSE March 3, 1998 committed enough to doing the right the majority of people of African- longed to a man because they believed thing and moving beyond just them- American descent in this country, are to ‘‘jump over the broom’’ in their own selves to the point where they started poor. They are disadvantaged in terms ceremony indicated marriage. Well, a process by which the Constitution of economics. We must look at it for they may jump over the broom one was able to be put in place and then en- another reason, in addition to the de- night and consider themselves married, larged, include everybody, everybody nial of the opportunity to accumulate and the next night the husband is sold was white, and then finally set up a sit- wealth for 232 years. Let us look at the away from the wife or the wife sold uation where slavery was obviously in fact that for 232 years, the institution away from the husband. So no family contradiction to the principles that of slavery pursued the objective of ob- unit was recognized. they had established. literation. Obliteration. Children were put in what we might We had experienced a Holocaust. We call group settings. We cannot call b 2015 experienced an obliteration. The Holo- them orphanages because they were If the principles had not been estab- caust tried and succeeded in many often fed like animals. We know from lished, if there had been no George cases in destroying the body. The ovens recent studies of children from Roma- Washington and Thomas Jefferson, for of Hitler destroyed massive numbers of nian orphanages what can be done to a whatever their shortcomings may be bodies. Six billion Jews were destroyed child if we deny then nurturing within with respect to slavery, we would not physically. And it may be there is the first few months of their life, cer- have had a basis for later on moving to nothing worse in the world than to be tainly within the first year. If we feed the steps Abraham Lincoln took when destroyed physically, because without them the way we would hogs, if we put he said the Union must be preserved life there is no hope. The slaves were their meals in a trough and place them and the Union can only be preserved if not destroyed physically, because the in a room, a holding, a compound with we come to grips with this terrible slaves were considered to be resources one nanny and 50 children, and nobody problem of slavery. and assets. They wanted to keep the gets any individual attention, we can So the phenomenon of denial of body alive but destroy the soul. So change the brain of a child. That is what the studies found of the wealth for 232 years is one phenomenon there was, for 232 years, an active ef- Romanian children who were adopted, that needs to be looked at more. Presi- fort, an aggressive effort to destroy the and American parents had difficulties dent Clinton’s commission on race, I soul of the slaves of America who pro- with them. Various studies conducted have said before, needs to set some vided free labor. records straight, do some thorough They started in the middle passage, showed that the children had been treated in a way where they had been study. There should be an academic when they brought them across the At- kept alive physically, but they had no component of his Commission on Race lantic Ocean. They always mixed the emotional nurturing and they had been Relations. slaves according to tribe. They made treated in a way where their brains had Of course, his Commission on Race certain that slaves of the same tribe changed. And instead of being receptive Relations goes beyond just relations were not grouped together on the and responsive to warmth and between blacks and whites, as it should boats. They mixed them up delib- cuddling, they rebelled against it and be. He has a great deal of vision. I ap- erately because they did not want they were hostile toward people who plaud the President’s vision in terms of them to communicate. They wanted to tried to be warm and responsive to understanding that at a time like this, confuse them and prevent any efforts them. when we do not have riots in the street, at solidarity. They wanted to stifle any we do not have a crisis that is obvious This is a very real phenomenon. The efforts to maintain continuity. whole argument about heredity versus between races, there is no race rela- Slaves came from civilizations. Afri- tions critical situation that has to be environment is almost settled. We can can slaves were people who were taken change the brain of a child who might addressed on a national level, that that out of a civilization that had rules and have come with one set of genes, but if is a time when we should discuss race regulations and customs, religions, so- we treat them a certain way, their ac- relations. cieties. They had tribal ceremonies. tual physical structure changes and we We should quietly deal with the fact But an immediate attempt was made have a different individual as a result that under the surface there is a prob- to get rid of all that, not let them prac- of the environment we put them into. lem. We do have two societies growing tice them, by mixing up people from Well, slaves were put into a hostile apart, according to experts who have different places and guaranteeing that environment. The children were treat- made studies, and we need to address they had no common set of beliefs. ed in ways in which many of them cer- that. So I applaud the fact that he has They prohibited any religious or tainly suffered and experienced that. taken this step. He has it on a broad other customs or ceremonies or rituals. They even promoted breeding, as if base, so relations with Asians or rela- Slaves could not practice their own re- they had a factory. Breeding farms. tions with immigrants in general, a ligion. And even later on, when the Breeding farms were like factories of whole lot of things, go beyond the Afri- blunder was made by many production to guarantee more slaves. can-American history. But that compo- slaveholders of allowing slaves to con- They denied human nurturing and nent ought to be there, and a thorough vert to Christianity, they limited the did any other thing they could do to study of slavery and African-American amount of time they could have wor- wipe out any sense of a soul of a human history would throw a great deal of ship service by themselves, even after being. That was the other phenomenon light on current discussions with re- they had adopted the religion of the that we have to take a look at. spect to public policy. The basic public master. Wealth accumulation, out of the policy discussion surrounding oppor- They refused to recognize family question. But in addition to not allow- tunity would be very much assisted if units. And this is devastating. If we ing them to accumulate wealth, there we knew more about what the denial of want to know the origin of some of the was an active process that, if they opportunity has caused. tremendous sociological problems we wanted to make their slaves efficient, The second factor that ought to be have within the African-American then they had to make them more like looked at in African-American history, community, we should stop and think animals. If they wanted an efficient the factor which has a great deal of about the fact that there was an at- working animal, they had to deny bearing on public policy decision-mak- tempt made in the course of the 232 them any opportunity to grieve, any ing now, especially the question of op- years, not an attempt but a successful opportunity to establish contacts portunity, should we provide extraor- venture was launched to guarantee among themselves, because they did dinary resources to guarantee oppor- that there were very few family units. not want a brooding slave after their tunity to the poor, to the disadvan- Slaves were sold, children away from son or their daughter had been sold. taged, as a way to create a more just parents, and the unit of marriage was They did not want a rebellious slave society? not recognized. Slaves had their own because they had treated him in some If we are not willing to deal with it unit of marriage, called ‘‘jumping over human way for a while and then sud- on the basis of skin color, then just the broom.’’ They considered a man be- denly found it necessary to treat him look at the fact that large numbers, longed to a woman or a woman be- like an animal. March 3, 1998 CONGRESSIONAL RECORD — HOUSE H751 So it was in the system. Slavery is Daily News on asthma, the horror of to certify that it really was not a often called a peculiar institution. asthma in the city. We have one of the health hazard. It is very expensive to That is the polite way to talk about it. highest accumulations of asthma in get the asbestos firms that do the cer- It was a criminal institution designed New York City than anywhere else in tification. Just to get off the ground to dehumanize and to obliterate the the country. and be able to get permission to bore humanity of the people who were in it. It really shocked me that the Daily holes to bring volunteers in to wire the When we are considering the massive News could write a series of articles in schools, we had to spend money on as- social disorganization that currently three stages, three different days, and bestos certification. In many schools, afflicts African-American commu- discussing asthma and the high rate of of course, it is so great until you can- nities, we have to consider the result of asthma and how it accumulates in cer- not get off first base and start the this combination of 232 years of eco- tain communities, and discussing asth- process unless they make considerable nomic denial and the torture of obliter- ma and how attacks often take place in repairs and removal of asbestos. ation. The combination of the torture schools and teachers do not know what Now there is a move on to test the of obliteration and the denial of an op- to do. They never bothered to mention pipes of the schools, because large portunity to accumulate wealth has that there are 300 coal-burning fur- numbers of old schools of course have created a condition which still cries naces in the city and they are contrib- lead pipes. They only had lead pipes in out for some special treatment. uting greatly to the asthma problem. public buildings at the time these Oh, why does it take so long to get It just is mind-boggling to believe schools were built, so those lead pipes over these problems, one might ask. that a set of reporters, journalists who are deteriorating, of course, and lead in That question is often raised. Well, if are trained, could develop an article. I the water becomes a problem, a very we had some kind of continuum where cannot believe that it is by accident. I serious problem, for children. We are there is some assistance, some oppor- cannot believe they overlooked the just getting around to really making a tunity, then we get positive results. fact that there are 300 coal-burning survey of the old schools and testing to During World War II, when everybody schools and they spew coal dust into make certain that the levels of lead are had a job, there were massive opportu- the air. Even the best coal-burning fur- not dangerous. nities available for everybody, white nace with the best filters are going to So the President’s initiative on con- and black, and blacks had an oppor- have coal dust in the place where they struction and his initiative to improve tunity to earn an income steadily, over are located. And coal dust accumulates education, if you have children, even if a long period of time. We had tremen- slowly in the lungs of young children, they have the advantage of smaller dous leaps forward in terms of the so- who are very susceptible to the impact class size, if they ingest enough lead, cial organization of black communities and the effect of coal dust. But that their brains are affected. One of the and families. was not mentioned in any one of the things lead does to your brain is cer- In that brief period, there was an ac- Daily News articles. tainly greatly decrease your capacity, cumulation of wealth, enough for large I have asked a few questions. I was your intellectual capacity. That has numbers to buy homes. And it began told someone on the Daily News staff been clearly established in studies. the dispersal of blacks who had moved has gone to work for the Mayor and The President has some other initia- out of the South into the industrial they did not want to do anything to tives beyond the wiring of the schools North, into different communities upset the city government. I do not for computers and the ratio of classes. within cities and also into the suburbs. know. Child care at an early age, more Head If we just applied a set of favorable Start. All of those same initiatives, by b 2030 conditions economically to the black the way, appear, and I do not think community over a reasonable period of I hope that this is not a corrupt over- they are parroting or plagiarizing the time, probably we could get rid of all of sight. I hope it is an incompetent over- President. I think this report has been the social problems that seem intracta- sight. Either way, it is hard to imagine under way for some time. They come to ble. writing an article about the accumula- the same conclusions, that you need to Economics is at the heart of it. There tion of asthma cases, the rate of asth- maximize opportunity in ways that are are a number of books that have been ma cases in the city, and not bothering very concrete and very practical. written, and they keep repeating over to see that the 300 coal-burning schools Let us take a look at what some of and over again that the jobs that all have something to do with it. this Eisenhower Foundation, which is left the cities and the places where In the making of public policy and itself an update and review of the blacks were accumulated, to fill up the responding to the President’s initia- Kerner Commission report, the Kerner- vacuum of the jobs that left the drugs tive, school construction, smaller class Lindsey Commission report, let us take came in, and the crime that the drugs sizes, you cannot have smaller class a look at some of the recommendations bred, of course, exacerbated the prob- sizes in most inner-city communities they are making. First you might be lem. like Chicago, New York, Philadelphia, interested in a few items from the ex- I am saying all this because I wanted unless you build more schools or you ecutive summary. For those people to stop Black History Month or African greatly expand those that exist or ren- who are so much older than I am or American History Month from being ovate them. So you have got to build younger than I am and do not remem- trivialized, from being celebrated with schools. The construction initiative of ber the Kerner-Lindsey Commission re- an overkill of microachievements, the President is directly related to any port which talked about two societies, without getting to the heart of what initiative you take on smaller class let us just review in their executive we need to do and look at and study in sizes. summary some of the things they say. order to have a better approach to pub- You cannot have an increase in the My point here is that public policy lic policy. amount of computers and wiring for should be guided by a knowledge of his- What are we going to do about the the Internet in the inner-city schools tory. I went all the way back to 232 President’s proposals for school con- unless you repair or build new schools, years of slavery. That history is very struction? Are we going to have on this because those old schools are not wired pertinent as we make public policy de- floor all those arguments about we do properly to receive the wiring or you cisions, the fact that slaves were de- not want big government, we do not cannot even bore holes because of as- nied an opportunity to accumulate want big spending, while out there in bestos in walls. They still have a seri- wealth, the fact that slaves were treat- the inner cities they have hundred ous problem of asbestos. ed like animals and an attempt was year-old schools? In New York City In New York City I have been in- made to obliterate their souls. The soul they have numerous school buildings volved in a project to wire 11 schools as is the intellect and the heart. A whole that are 70 to 80 and 100 years old. a pilot project. First we had to have a lot of things go into a soul. Laws were In New York City we have almost 300 certification by an asbestos firm that made, by the way, to punish anybody schools, 300 schools, which are still asbestos, if it existed in the schools, who taught slaves to read. using furnaces that burn coal. Recently was a problem with the holes that we Let us come forward to 30 years ago there was a series of articles in the bored, it was not too great. They had when riots broke out in Detroit, in H752 CONGRESSIONAL RECORD — HOUSE March 3, 1998 Newark, Los Angeles and Philadelphia. taken away. The activities, in many communities where you have the poor- New York under Lindsey’s administra- cases economic activities, entrepre- est people. tion managed to avoid any major riots neurship activities that the leadership ‘‘In the words of conservative analyst until finally in the spring of 1968 when class of blacks provided in the inner Kevin Phillips, this meant that the Martin Luther King was assassinated, city also was taken away. In more rich got richer and the poor got poorer. you could not hold back the anger and plain, ordinary terms, that is what Dr. The working class also got poorer. The we did have riots break out in New William Julius Wilson was saying. middle class stayed about the same in York City following the assassination To continue from the executive sum- absolute terms, so it, too, lost ground.’’ of Dr. Martin Luther King. The Kerner mary of this report: This is middle class white and black, Commission came out with the follow- ‘‘Today, while pundits and leaders but in the black community with a ing report that angered Lyndon John- talk of full employment, for the first great concentration of poverty. And it son a great deal: time in the 20th century most adults in is not stretching the truth to say 60 ‘‘Our Nation is moving toward two many inner-city neighborhoods are not percent of African-Americans can be societies, one black, one white, sepa- working in a typical week.’’ classified as the poor, economically rate and unequal. Let me repeat that. Most adults in poor. ‘‘What has happened in the 30 years inner-city neighborhoods are unem- ‘‘During the 1980s, child poverty in- since and where do we stand now? The ployed. They are not working. It is not creased by over 20 percent.’’ Kerner Commission proposed remedies that they are not looking for jobs, be- During the 1980s, following the Great to racial, spatial and economic dispar- cause whenever you have a job oppor- Society of Lyndon Johnson and the ity. The civil rights movement of the tunity, you have lines of hundreds of progress made in the 1960s and the 1960s and early 1970s brought about im- people who are looking to get those 1970s. ‘‘During the 1980s, child poverty in- provements that helped expand an Afri- jobs. I think one of the most publicized creased by over 20 percent, with racial can-American middle class. It is impor- incidents was the case in Chicago when minorities suffering disproportion- tant to recognize the achievements they opened a new hotel and 4,000 peo- made possible by the civil rights move- ately.’’ ple lined up for those jobs in long lines ‘‘Today, the top 1 percent of Ameri- ment and by individual struggles of in the winter all around the block and cans has more wealth than the bottom millions of African-Americans. The Af- throughout that area, lined up to get a 90 percent.’’ rican-American middle class has ex- few hundred jobs. ‘‘Since the Kerner Commission, the panded, as has African-American entre- ‘‘Former Labor Secretary Ray Mar- U.S. has had the most rapid growth in preneurship. The proportion of African- shall estimates the real unemployment wage inequality in the Western world, Americans with white collar jobs has rate at about 15 percent, far higher with racial minorities suffering dis- risen. There has been an enormous rise than the official rate.’’ proportionately. in the number of African-American Certainly within my 11th Congres- America’s neighborhoods and schools mayors, other elected officials and po- sional District in Brooklyn, the 15 per- are resegregating. Two-thirds of Afri- lice chiefs. The high school graduation cent figure has been the rate for a long can-American students and three- rate among African-Americans is ris- time. fourths of Hispanic students now ating. ‘‘The Center for Community Change tend predominantly minority schools, ‘‘Yet in the 1970s, when technological in Washington, D.C. estimates the jobs one-third of each group in intensely change in the economy increased de- gap to be over 4,400,000 persons needing segregated schools. mand for high skilled and educated work. A high proportion are in the ‘‘In urban public schools in poor workers, jobs for the less skilled and inner city. The consequences of high neighborhoods, more than two-thirds of educated became obsolete. The unem- neighborhood joblessness are more dev- children fail to reach even the basic ployed stayed behind, but more mobile astating than those of high neighbor- level of national tests.’’ middle-class African-Americans left hood poverty. When people are poor but Recently we had a report about core inner-city neighborhoods. Espe- employed they can better prevent fam- American students scoring lower than cially during the 1980s, labor market ily breakup, crime, drugs and other European students and Asian students policies to provide training and jobs for problems than when people are poor on tests. Well, they did not even have the less skilled never materialized. In and jobless.’’ a large number of African-American the words of Professor William Julius I come from a poor family, but my fa- students take those tests. They do not Wilson and his colleagues at the Ken- ther always was employed. Sometimes begin to reach the level where they can nedy School of Government at Harvard he was laid off for short periods, some- even go and compete. University, ‘The exodus of working- times he had no work for short periods, In our inner city schools, in the jun- and middle-class blacks from core but basically my father could find ior high schools in New York, they inner-city neighborhoods enhanced the work. He never earned more than the found in a study that none of the concentration effects of joblessness and minimum wage, by the way. No matter teachers teaching math and science in poverty and removed important eco- what conditions were, even during the junior high school in the areas where nomic and social buffers that had soft- war, he never earned more than the the blacks and Hispanics live majored ened the impact of macroeconomic minimum wage. But a family with a fain math and science. They teach math changes in these vulnerable commu- ther who was employed, there was a and science, but they did not major in nities. During the decades of the 1970s great deal of stability in the fact that it. and 1980s, conditions in inner-city he was employed, no matter how me- So here you have reaffirmed and re- ghettos went from bad to worse.’ ’’ nial the work was or how low the pay. peated again in this report, and I am I am quoting from the executive sum- ‘‘Since the Kerner Commission there reading from a report entitled ‘‘The mary of the report that was issued by have been other important trends.’’ Millennium Breach, Rich or Poor, the Eisenhower Commission, a 30-year I want you to take note of the things Poorer and Racially Apart’’. This is in update and review of the Kerner Com- that are said here. You hear them all commemoration of the 30th anniver- mission report. That last statement the time. sary of a National Advisory Commis- which was made by a Ph.D. college pro- ‘‘From 1977 to 1988, the incomes of sion on Civil Disorders, the Kerner- fessor might have been a little difficult the richest 1 percent in America in- Lindsey Report. to understand. In essence what he was creased by 120 percent and the incomes They do offer a bit of recent history, saying, middle-class blacks, those who of the poorest fifth in America de- which, when you couple it with history had the education and a little eco- creased by 10 percent during the time which goes back before the Emanci- nomic advantage, they moved away of supply-side tax breaks for the rich pation Proclamation, should throw from the big cities. So you were left and against the poor.’’ some light on the decisions we have to with a core of people in the inner city Now, you might say, well, that hap- make with respect to opportunity, the who were poor only. The least educated pened to all people. But the 10 percent provision of opportunity. and the poorest were left to fend for decrease took place among the poorest We say we want to provide oppor- themselves. The leadership class was people and in the African-American tunity, get rid of affirmative action March 3, 1998 CONGRESSIONAL RECORD — HOUSE H753 and provide opportunity. I do not want Mr. KUCINICH. preciate it if you would have this enclosed to get rid of affirmative action, but let Mr. SERRANO. extension published in the CONGRESSIONAL us forget it for a while. I challenge all Mr. SCHUMER. RECORD. Sincerely yours, of those who want to provide oppor- Mrs. MCCARTHY of New York. RICKY SILBERMAN, tunity to put their money and their re- Mr. WAXMAN. Executive Director. sources where their mouth is and pro- Mr. UNDERWOOD. Enclosure. vide real opportunity. (The following Members (at the re- OFFICE OF COMPLIANCE f quest of Mr. KIM) and to include extra- The Congressional Accountability Act of neous matter:) 1995: Amendments to Procedural Rules LEAVE OF ABSENCE Mr. OXLEY. SUPPLEMENTARY NOTICE OF PROPOSED By unanimous consent, leave of ab- Mr. RADANOVICH. RULEMAKING—EXTENSION OF COMMENT PERIOD sence was granted to: Mr. QUINN. Summary: On October 1, 1997, the Executive Mr. GUTKNECHT of Minnesota (at the Mr. BEREUTER. Director of the Office of Compliance (‘‘Of- request of Mr. ARMEY of Texas) for Mr. DIAZ-BALART. fice’’) published a Notice of Proposed Rule- today on account of illness. Mr. PAXON. making (‘‘NPRM’’) to amend the Procedural Rules of the Office of Compliance to cover Mr. SHIMKUS of Illinois (at the re- Mr. SOLOMON. the General Accounting Office and the Li- Mr. RAMSTAD. quest of Mr. ARMEY of Texas) for today brary of Congress and their employees, 143 Mr. ROHRABACHER. and the balance of the week on account CONG. REC. S10291 (daily ed. Oct. 1, 1997), and of a death in the family. (The following Members (at the re- on January 28, 1998, the Executive Director f quest of Mr. OWENS) and to include ex- published a Supplementary Notice of Pro- traneous matter:) posed Rulemaking requesting further com- SPECIAL ORDERS GRANTED Mr. SKEEN. ment on issues raised in comments submitted by the Library of Congress, 144 CONG. By unanimous consent, permission to Mr. GINGRICH. Mr. HAMILTON. REC. S86 (daily ed. Jan. 28, 1998). address the House, following the legis- At the request of a commenter, the com- Mr. LAZIO of New York. lative program and any special orders ment period stated in the Supplementary heretofore entered, was granted to: Mr. KING in two instances. Notice of Proposed Rulemaking has been ex- (The following Members (at the re- Mr. FROST. tended for two weeks, until March 13, 1998. quest of Mr. TRAFICANT) to revise and Mr. PAXON. Dates: Comments are due no later than extend their remarks and include ex- Mr. UNDERWOOD. March 13, 1998. Addresses: Submit comments in writing (an traneous material:) Mr. WAXMAN. Mr. ROHRABACHER. original and 10 copies) to the Executive Di- Ms. NORTON, for 5 minutes today. rector, Office of Compliance, Room LA 200, Mr. PORTMAN. Mr. PALLONE, for 5 minutes today. John Adams Building, 110 Second Street, Mrs. MINK of Hawaii, for 5 minutes Mr. GUTKNECHT. S.E., Washington, D.C. 20540–1999. Those today. Mr. LINDER. wishing to receive notification of receipt of Mr. FILNER, for 5 minutes today. Mr. SMITH of Michigan. comments are requested to include a self-ad- Mr. ENGEL, for 5 minutes today. Mr. KIND. dressed, stamped post card. Comments may also be transmitted by facsimile (‘‘FAX’’) Mr. EDWARDS, for 5 minutes today. Ms. ROS-LEHTINEN. machine to (202) 426–1913. This is not a toll- Ms. BROWN of Florida, for 5 minutes Mr. WEYGAND. Mr. ACKERMAN. free call. today. Availability of comments for public review: (The following Members (at the re- Mr. BERRY. Copies of comments received by the Office quest of Mr. KIM) to revise and extend Ms. EDDIE BERNICE JOHNSON of Texas. will be available for public review at the Law their remarks and include extraneous Mr. PACKARD. Library Reading Room, Room LM–201, Law material:) Mr. NEAL. Library of Congress, James Madison Memo- rial Building, Washington, D.C., Monday Mr. JONES, for 5 minutes today. Mrs. MCCARTHY of New York. through Friday, between the hours of 9:30 Mr. MILLER of Florida, for 5 minutes Ms. DUNN. Ms. BROWN of Florida. a.m. and 4:00 p.m. March 5. For further information contact: Executive Mr. FRANKS of New Jersey. Mr. RIGGS, for 5 minutes today and 5 Director, Office of Compliance, at (202) 724– minutes March 4 and 5. f 9250 (voice), (202) 426–1912 (TTY). This Notice Mr. METCALF, for 5 minutes today. will also be made available in large print or ADJOURNMENT Mr. KINGSTON, for 5 minutes today braille or on computer disk upon request to and 5 minutes March 4. Mr. OWENS. Mr. Speaker, I move the Office of Compliance. Signed at Washington, D.C., on this 27th (The following Member (at his own that the House do now adjourn. The motion was agreed to; accord- day of February, 1998. request) to revise and extend his re- RICKY SILBERMAN, marks and include extraneous mate- ingly (at 8 o’clock and 45 minutes Executive Director, rial:) p.m.), the House adjourned until to- Office of Compliance. Mr. THUNE, for 5 minutes today. morrow, Wednesday, March 4, 1998, at f (The following Member (at his own 10 a.m. EXECUTIVE COMMUNICATIONS, request) to revise and extend their re- f marks and include extraneous mate- ETC. rial:) SUPPLEMENTARY NOTICE OF PRO- Under clause 2 of rule XXIV, execu- Mr. LARGENT, for 5 minutes today. POSED RULEMAKING—EXTEN- tive communications were taken from (The following Member (at his own SION OF COMMENT PERIOD the Speaker’s table and referred as fol- request) to revise and extend his re- U.S. CONGRESS, lows: marks and include extraneous mate- OFFICE OF COMPLIANCE, 7669. A letter from the Assistant Adminis- rial:) Washington, DC, February 27, 1998. trator for Pesticides and Toxic Substances, Mr. SHAYS, for 5 minutes today. Hon. NEWT GINGRICH, Environmental Protection Agency, transmit- Speaker of the House, U.S. House of Represent- ting a final rule under the Federal Insecti- f atives, Washington, DC. cide, Fungicide, and Rodenticide Act DEAR MR. SPEAKER: Pursuant to Section EXTENSION OF REMARKS (FIFRA), pursuant to 7 U.S.C. 136w(a)(4); to 303 of the Congressional Accountability Act the Committee on Agriculture. By unanimous consent, permission to of 1995 (‘‘CAA’’), 2 U.S.C. § 1383, I am issuing 7670. A letter from the Director, Defense revise and extend remarks was granted the enclosed Supplementary Notice of Pro- Security Assistance Agency, transmitting to: posed Rulemaking—Extension of Comment the Department of the Air Force’s proposed (The following Members (at the re- Period. lease of defense articles to the Republic of I am extending the comment period pro- Korea (Transmittal No. 07–98); to the Com- quest of Mr. TRAFICANT) and to include vided in a Supplementary Notice of Proposed mittee on International Relations. extraneous matter:) Rulemaking that was published pursuant to 7671. A letter from the Chairman, Council Mrs. MINK of Hawaii. section 303 of the CAA in the CONGRESSIONAL of the District of Columbia, transmitting a Ms. WOOLSEY. RECORD on January 28, 1998, and I would ap- copy of D.C. Act 12–254, ‘‘Dave Clarke School H754 CONGRESSIONAL RECORD — HOUSE March 3, 1998 of Law Designation Act of 1998’’ received report in compliance with the Government bilize East Asian countries; to the Commit- February 27, 1998, pursuant to D.C. Code sec- in the Sunshine Act for 1997, pursuant to 5 tee on Banking and Financial Services. tion 1—233(c)(1); to the Committee on Gov- U.S.C. 552b(j); to the Committee on Govern- By Mr. ENGLISH of Pennsylvania: ernment Reform and Oversight. ment Reform and Oversight. H.R. 3306. A bill to amend the Higher Edu- 7672. A letter from the Chairman, Council 7684. A letter from the President and Chief cation Act of 1965 to increase the maximum of the District of Columbia, transmitting a Executive Officer, Overseas Private Invest- Pell grant from $3,000 to $5,000; to the Com- copy of D.C. Act 12–261, ‘‘Drug House Abate- ment Corporation, transmitting the FY 1999 mittee on Education and the Workforce. ment Amendment Act of 1998’’ received Feb- Annual Performance Plan for the Overseas By Mr. ENGLISH of Pennsylvania (for ruary 27, 1998, pursuant to D.C. Code section Private Investment Corporation (OPIC), pur- himself, Mr. WELDON of Pennsyl- 1—233(c)(1); to the Committee on Govern- suant to Public Law 103—62; to the Commit- vania, and Mr. PAUL): ment Reform and Oversight. tee on Government Reform and Oversight. H.R. 3307. A bill to amend the Internal Rev- 7673. A letter from the Chairman, Council 7685. A letter from the Executive Director, enue Code of 1986 to allow individuals a de- of the District of Columbia, transmitting a Office of Compliance, transmitting supple- duction for contributions to education indi- copy of D.C. Act 12–260, ‘‘Department of Cor- mentary notice of proposed rulemaking (ex- vidual retirement accounts, to increase the rections Criminal Background Investigation tension of comment period) for publication amount which may be contributed to such Authorization Act of 1998’’ received February in the Congressional RECORD, pursuant to accounts, to permit such accounts to be used 27, 1998, pursuant to D.C. Code section 1— Public Law 104—1, section 303(b) (109 Stat. to pay elementary and secondary education 233(c)(1); to the Committee on Government 28); jointly to the Committees on Education expenses and training expenses of older indi- Reform and Oversight. and the Workforce and House Oversight. viduals, and for other purposes; to the Com- 7674. A letter from the Chairman, Council f mittee on Ways and Means. of the District of Columbia, transmitting a By Mr. ENGLISH of Pennsylvania: copy of D.C. Act 12–259, ‘‘Check Identifica- REPORTS OF COMMITTEES ON H.R. 3308. A bill to amend the Internal Rev- tion Fraud Prevention Amendment Act of PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to allow a credit against 1998’’ received February 27, 1998, pursuant to Under clause 2 of rule XIII, reports of income tax for taxpayers with certain per- D.C. Code section 1—233(c)(1); to the Commit- sons requiring custodial care in their house- tee on Government Reform and Oversight. committees were delivered to the Clerk holds; to the Committee on Ways and Means. 7675. A letter from the Chairman, Council for printing and reference to the proper By Mr. ENGLISH of Pennsylvania (for of the District of Columbia, transmitting a calendar, as follows: himself, Mr. WELDON of Pennsyl- copy of D.C. Act 12–256, ‘‘Omnibus Regu- Mr. LEACH: Committee on Banking and vania, and Mr. PAUL): latory Reform Amendment Act of 1998’’ re- Financial Services. Supplemental report on H.R. 3309. A bill to amend the Internal Rev- ceived February 27, 1998, pursuant to D.C. H.R. 217. A bill to amend title IV of the enue Code of 1986 to permit private edu- Code section 1—233(c)(1); to the Committee Stewart B. McKinney Homeless Assistance cational institutions to maintain qualified on Government Reform and Oversight. Act to consolidate the Federal programs for tuition programs which are comparable to 7676. A letter from the Chairman, Council housing assistance for the homeless into a qualified State tuition programs, and for of the District of Columbia, transmitting a block grant program that ensures that other purposes; to the Committee on Ways copy of D.C. Act 12–257, ‘‘Collateral Reform States and communities are provided suffi- and Means. Amendment Act of 1998’’ received February cient flexibility to use assistance amounts By Mr. MCINTOSH (for himself, Mr. 27, 1998, pursuant to D.C. Code section 1— effectively (Rept. 105–407 Pt. 2). KUCINICH, Mr. FROST, Ms. WOOLSEY, 233(c)(1); to the Committee on Government Mr. SMITH of Texas: Committee on the Ju- Mr. GORDON, Mr. HAMILTON, Mr. Reform and Oversight. diciary. H.R. 992. A bill to end the Tucker HASTERT, Mr. SCARBOROUGH, Mr. 7677. A letter from the Chairman, Council Act shuffle; with amendments (Rept. 105– SUNUNU, Mr. SESSIONS, Mr. SHAYS, of the District of Columbia, transmitting a 424). Referred to the Committee of the Whole Mr. MCHUGH, Mr. DAVIS of Virginia, copy of D.C. Act 12–263, ‘‘Illegal Dumping En- House on the State of the Union. Mr. MILLER of Florida, Mr. LIVING- forcement Amendment Act of 1998’’ received Mr. BLILEY: Committee on Commerce. STON, Mr. DELAY, Mr. ARMEY, Mr. February 27, 1998, pursuant to D.C. Code sec- H.R. 2369. A bill to amend the Communica- BOEHNER, Mr. THORNBERRY, Mr. BARR tion 1—233(c)(1); to the Committee on Gov- tions Act of 1934 to strengthen and clarify of Georgia, Ms. DUNN of Washington, ernment Reform and Oversight. 7678. A letter from the Chairman, Council prohibitions on electronic eavesdropping, and Mr. SNOWBARGER): of the District of Columbia, transmitting a and for other purposes; with an amendment H.R. 3310. A bill to amend chapter 35 of copy of D.C. Act 12–262, ‘‘Life Insurance Spe- (Rept. 105–425). Referred to the Committee of title 44, United States Code, for the purpose cial Contingency Reserve Amendment Act of the Whole House on the State of the Union. of facilitating compliance by small busi- 1998’’ received February 27, 1998, pursuant to Mr. SOLOMON: Committee on Rules. nesses with certain Federal paperwork re- D.C. Code section 1—233(c)(1); to the Commit- House Resolution 376. Resolution providing quirements, and to establish a task force to tee on Government Reform and Oversight. for consideration of the bill (H.R. 856) to pro- examine the feasibility of streamlining pa- 7679. A letter from the Chairman, Council vide a process leading to full self-govern- perwork requirements applicable to small of the District of Columbia, transmitting a ment for Puerto Rico (Rept. 105–426). Re- businesses; to the Committee on Government copy of D.C. Act 12–264, ‘‘Advisory Neighbor- ferred to the House Calendar. Reform and Oversight, and in addition to the hood Commissions Quorum Definition f Committee on Small Business, for a period Amendment Act of 1998’’ received February to be subsequently determined by the Speak- 27, 1998, pursuant to D.C. Code section 1— PUBLIC BILLS AND RESOLUTIONS er, in each case for consideration of such pro- 233(c)(1); to the Committee on Government Under clause 5 of Rule X and clause 4 visions as fall within the jurisdiction of the Reform and Oversight. committee concerned. of Rule XXII, public bills and resolu- By Mr. PAYNE (for himself, Mr. 7680. A letter from the Chairman, Council tions were introduced and severally re- of the District of Columbia, transmitting a OWENS, Mr. FATTAH, Mr. MARTINEZ, copy of D.C. Act 12–265, ‘‘Defined Contribu- ferred, as follows: Mr. UNDERWOOD, Mr. FORD, Ms. tion Transition Vesting Clarification By Mr. HYDE (for himself and Mr. CON- SANCHEZ, Mr. LEWIS of Georgia, and Amendment Act of 1998’’ received February YERS): Mr. KUCINICH): 27, 1998, pursuant to D.C. Code section 1— H.R. 3303. A bill to authorize appropria- H.R. 3311. A bill to amend the Higher Edu- 233(c)(1); to the Committee on Government tions for the Department of Justice for fiscal cation Act of 1965 to improve international Reform and Oversight. years 1999, 2000, and 2001; to authorize appro- education at postsecondary institutions; to 7681. A letter from the Chairman, Council priations for fiscal years 1999 and 2000 to the Committee on Education and the Work- of the District of Columbia, transmitting a carry out certain programs administered by force. copy of D.C. Act 12–267, ‘‘Uniform Interstate the Department of Justice; to amend title 28 By Mr. QUINN (for himself, Mr. Family Support Temporary Amendment Act of the United States Code with respect to the LATHAM, Mr. LAFALCE, Mr. RAHALL, of 1998’’ received February 27, 1998, pursuant use of funds available to the Department of Mr. WALSH, and Mr. MCHUGH): to D.C. Code section 1—233(c)(1); to the Com- Justice, and for other purposes; to the Com- H.R. 3312. A bill to establish the Federal mittee on Government Reform and Over- mittee on the Judiciary. Aviation Research and Evaluation Board; to sight. By Mr. COLLINS: the Committee on Transportation and Infra- 7682. A letter from the Chairman, Council H.R. 3304. A bill to amend the Internal Rev- structure, and in addition to the Committee of the District of Columbia, transmitting a enue Code of 1986 to establish a 2-year recov- on the Judiciary, for a period to be subse- copy of D.C. Act 12–266, ‘‘New Washington ery period for depreciation of computers and quently determined by the Speaker, in each Convention Center Neighborhood Stability peripheral equipment used in manufacturing; case for consideration of such provisions as Act 1998’’ received February 27, 1998, pursu- to the Committee on Ways and Means. fall within the jurisdiction of the committee ant to D.C. Code section 1—233(c)(1); to the By Mr. COOK: concerned. Committee on Government Reform and H.R. 3305. A bill to require the Secretary of By Mr. ROHRABACHER: Oversight. the Treasury to report quarterly to the Con- H.R. 3313. A bill to amend the Federal Elec- 7683. A letter from the Chairman, Nuclear gress on the programs led by the Inter- tion Campaign Act of 1971 to provide for par- Regulatory Commission, transmitting the national Monetary Fund to financially sta- tial removal of limitations on contributions March 3, 1998 CONGRESSIONAL RECORD — HOUSE H755

to candidates whose opponents exceed per- of Missouri, Mr. WELDON of Florida, Mr. H.R. 2871: Mr. HAYWORTH. sonal contribution limitations in an elec- HALL of Ohio, and Mr. FORBES. H.R. 2873: Mr. HAYWORTH. tion; to the Committee on House Oversight. H.R. 1231: Mr. MASCARA, Mr. SPRATT, Mr. H.R. 2875: Mr. HAYWORTH. By Mr. SHAW (for himself, Mr. CAMP, FORBES, Mr. CALVERT, Mr. COOK, Mr. CLAY, H.R. 2877: Mr. HAYWORTH. Mr. ENGLISH of Pennsylvania, Mr. Mr. UNDERWOOD, Mr. HASTINGS of Florida, H.R. 2879: Mr. HAYWORTH. HAYWORTH, and Mr. WATKINS): and Mrs. KELLY. H.R. 2881: Mr. HAYWORTH. H.R. 3314. A bill to provide grants to States H.R. 1241: Mr. DOOLEY of California, Mr. H.R. 2912: Mr. PASCRELL. H.R. 2914: Mr. EDWARDS, Mr. KENNEDY of to encourage fathers to become better par- CALVERT, and Ms. HARMAN. Massachusetts, and Mr. BARCIA of Michigan. ents; to the Committee on Ways and Means. H.R. 1378: Mr. BATEMAN. H.R. 2923: Mr. SAXTON, Mrs. MORELLA, and By Mr. SNOWBARGER: H.R. 1415: Mr. COYNE. Mr. QUINN. H.R. 3315. A bill to amend the Federal Elec- H.R. 1515: Mr. INGLIS of South Carolina. H.R. 2955: Mr. OBERSTAR and Mr. DAVIS of tion Campaign Act of 1971 to remove the lim- H.R. 1605: Mr. MILLER of California. Florida. itations on amounts that may be contributed H.R. 1635: Mr. KENNEDY of Massachusetts, H.R. 2992: Mr. BOEHNER, Mr. GIBBONS, and to a Federal election campaign, to require Mr. SOUDER, Mr. WALSH, Mr. BROWN of Cali- Mr. DOOLITTLE. political parties to disclose transfers of cer- fornia, Mr. MANZULLO, and Mr. PITTS. H.R. 3008: Mr. GEJDENSON, Mrs. MYRICK, tain non-Federal funds, to promote the expe- H.R. 1715: Mr. TALENT. Mr. WEXLER, Mr. RAHALL, Mr. SISISKY, Mr. dited availability of reports submitted to the H.R. 1737: Mr. CAMP and Mr. PASCRELL. CLEMENT, and Mr. MARTINEZ. H.R. 1766: Mr. GOODLATTE, Mr. HEFNER, Mr. Federal Election Commission, to prohibit in- H.R. 3048: Mr. KLUG, Mr. COYNE, Mr. NEAL FAZIO of California, Mrs. TAUSCHER, Mr. dividuals not qualified to register to vote in of Massachusetts, and Mr. MALONEY of Con- GALLEGLY, Mr. DEAL of Georgia, Mr. MAN- elections for Federal office from making necticut. ZULLO, Mr. WYNN, and Mr. ROTHMAN. campaign contributions, and for other pur- H.R. 3049: Mr. MENENDEZ. H.R. 1823: Mr. MARTINEZ. poses; to the Committee on House Oversight. H.R. 3050: Mr. STUPAK, Mr. PETERSON of H.R. 1872: Mr. PASTOR. By Mr. WISE: Minnesota, Ms. WOOLSEY, Mr. EHLERS, Mr. H.R. 1891: Mr. SAM JOHNSON and Mr. H.R. 3316. A bill to suspend temporarily the PORTER, Mr. OLVER, Mr. GUTIERREZ, Mr. SPRATT. duty on IN-W4280; to the Committee on Ways NEAL of Massachusetts, Mr. GREEN, Mr. SAW- H.R. 1968: Mr. FORD and Ms. STABENOW. and Means. YER, Mr. WEXLER, Mr. DAVIS of Virginia, and H.R. 1972: Mr. BARCIA of Michigan. By Mr. HILLIARD: Mr. BROWN of Ohio. H.R. 2052: Ms. ROYBAL-ALLARD. H. Con. Res. 231. Concurrent resolution rec- H.R. 3090: Mr. TRAFICANT. ognizing the National Black Law Students H.R. 2088: Mr. PICKERING and Mr. WALSH. H.R. 3094: Mr. PEASE. Association for its role in the professional H.R. 2094: Mr. DEFAZIO. H.R. 3126: Ms. BROWN of Florida. development of law students, and for other H.R. 2173: Mr. BARCIA of Michigan. H.R. 3127: Mr. FOLEY, Ms. HOOLEY of Or- purposes; to the Committee on the Judici- H.R. 2185: Mr. QUINN. egon, Ms. WOOLSEY, Mr. LATHAM, Mr. ary. H.R. 2228: Mr. RAHALL and Ms. LOFGREN. CRAMER, Mr. CLYBURN, Mr. FILNER, Mr. By Mr. MALONEY of Connecticut (for H.R. 2273: Ms. PELOSI, Mrs. JOHNSON of Con- WAMP, Mr. HEFLEY, Mr. NEY, Mr. TURNER, himself, Mr. MANTON, Mr. NEAL of necticut, Mr. JACKSON, Mr. TAUZIN, Mr. MAR- Mr. PETERSON of Minnesota, Mr. RAHALL, Mr. Massachusetts, Mr. KING of New KEY, Mr. VENTO, Mr. SKELTON, Mr. SKEEN, ETHERIDGE, Mr. BOUCHER, Mr. BENTSEN, Mr. York, Mr. GILMAN, Mr. ENGEL, Mr. Mr. FORBES, Mr. HALL of Texas, Mr. HAYWORTH, and Mrs. MINK of Hawaii. MENENDEZ, Mr. ACKERMAN, Mr. LAMPSON, Ms. EDDIE BERNICE JOHNSON of H.R. 3131: Ms. WOOLSEY and Mr. ENGLISH of BONIOR, Mr. CONYERS, Mr. DOYLE, Mr. Texas, Mr. MORAN of Virginia, Ms. NORTON, Pennsylvania. FOLEY, Mr. GEJDENSON, Mr. HOLDEN, Mr. STOKES, Mr. WISE, Mr. SANFORD, Mr. H.R. 3134: Ms. BROWN of Florida, Mr. RA- Mr. JEFFERSON, Ms. KAPTUR, Mrs. CRAMER, Ms. DEGETTE, Mr. JOHN, Mr. MILLER HALL and Mr. WISE. KELLY, Mr. LANTOS, Mr. LIPINSKI, Mr. of California, Mr. YATES, Mr. HOYER, Mr. H.R. 3143. MS. WOOLSEY, Mr. MCGOVERN, MCDERMOTT, Mrs. MALONEY of New TIERNEY, Mr. ADAM SMITH of Washington, and Mr. CALVERT. York, Mr. MARKEY, Mr. MEEHAN, Mr. Ms. STABENOW, Mr. MCDERMOTT, Mr. BISHOP, H.R. 3149: Mr. DOOLITTLE and Mr. PAPPAS. OLVER, Mr. PALLONE, Mr. PASCRELL, Mr. DICKS, Mr. KENNEDY of Massachusetts, H.R. 3151: Mr. DOOLITTLE and Mr. PAPPAS. Mr. PAYNE, Mr. TOWNS, and Mrs. KEN- Ms. HARMAN, and Mr. ROTHMAN. H.R. 3152: Mr. BACHUS and Mrs. MYRICK. H.R. 3154: Mr. DAVIS of Florida and Mr. NELLY of Connecticut): H.R. 2284: Mr. SOLOMON and Mr. ROHR- H. Con. Res. 232. Concurrent resolution ex- ABACHER. WEXLER. H.R. 3158: Mr. HUNTER, Mr. SMITH of New pressing the sense of the Congress that a H.R. 2290: Mr. KUCINICH. Jersey, Mr. CALVERT, Mr. SOLOMON, and Mr. postage stamp should be issued to honor the H.R. 2305: Mr. REGULA. BURTON of Indiana. 150th anniversary of the emigration of over H.R. 2374: Mr. MALONEY of Connecticut and H.R. 3175: Mr. DOOLITTLE. 1,000,000 people from Ireland to the United Mr. DEFAZIO. H.R. 3176: Mr. BACHUS. States to escape the Irish Potato Famine, H.R. 2377: Mr. BUNNING of Kentucky and Mr. CALVERT. H.R. 3181: Mr. WAXMAN. and to honor the contributions these immi- H.R. 3208: Mr. CONYERS and Mrs. H.R. 2408: Mr. OLVER. grants and their descendants made to the CHENOWETH. H.R. 2456: Mr. PALLONE, Mr. PEASE, and United States; to the Committee on Govern- H.R. 3216: Mr. CONYERS, Mr. FILNER, Mr. Mrs. MALONEY of New York. ment Reform and Oversight. FROST, and Mr. EVANS. H.R. 2457: Mr. BILBRAY and Mr. STUPAK. f H.R. 3217: Mr. HERGER. H.R. 2488: Mr. CALVERT. H.R. 3218: Mr. COBURN. H.R. 2495: Mr. MATSUI. ADDITIONAL SPONSORS H.R. 3234: Mr. CALVERT, Mr. HASTINGS of H.R. 2515: Mr. STUPAK and Mr. THUNE. Washington, Mr. BURR of North Carolina, Under clause 4 of rule XXII, sponsors H.R. 2524: Ms. WOOLSEY. Mr. CANNON, and Mr. SHIMKUS. were added to public bills and resolu- H.R. 2547: Mr. DEFAZIO, Mr. MCGOVERN, H.R. 3246: Mr. CUNNINGHAM and Mr. tions as follows: and Mr. DEUTSCH. KNOLLENBERG. H.R. 27: Mr. NETHERCUTT. H.R. 2627: Mr. SUNUNU. H.R. 3248: Mr. TIAHRT, Mr. HOSTETTLER, H.R. 59: Mr. ARMEY, Mr. CANADY of Florida, H.R. 2639: Mr. BOEHLERT and Mr. BACHUS. Mr. HUTCHINSON, Mr. GIBBONS, and Mr. DOO- APPAS and Mr. BARR of Georgia. H.R. 2667: Mr. P . LITTLE. H.R. 158: Mr. SHADEGG and Mr. KIM. H.R. 2695: Mr. WEXLER and Mr. WAXMAN. H.R. 3249: Ms. NORTON and Mr. SMITH of H.R. 169: Mr. BARCIA of Michigan. H.R. 2714: Mr. PAXON, Mr. COYNE, and Mr. Texas. H.R. 464: Mr. COOK and Mr. SKAGGS. OLVER. H.R. 3262: Ms. WATERS, Mr. STOKES, Mr. H.R. 465: Mr. LAMPSON. H.R. 2736: Mr. HASTINGS of Florida. FRANK of Massachusetts, and Mr. CUMMINGS. H.R. 758: Mr. THORNBERRY. H.R. 2748: Mr. HINCHEY. H.R. 3265: Mr. HAYWORTH, Mr. SHAYS, Mrs. H.R. 859: Mr. BLUNT. H.R. 2775: Mr. PETERSON of Pennsylvania CUBIN, Mr. WICKER, Mr. HOSTETTLER, Mr. H.R. 880: Mr. BARTLETT of Maryland, Mr. and Mr. ENGLISH of Pennsylvania. BASS, Mr. EHRLICH, and Mr. BALDACCI. MICA, and Mr. EVERETT. H.R. 2819: Mr. FAZIO of California, Ms. RIV- H.R. 3269: Mr. NEAL of Massachusetts, Mr. H.R. 939: Mr. COYNE, Ms. DUNN of Washing- ERS, Mr. BERMAN, and Mr. DREIER. HILLIARD, Mr. FRANK of Massachusetts, Mr. ton, Mr. KLECZKA, Mr. NEAL of Massachu- H.R. 2821: Mr. MOLLOHAN, Mr. SANDLIN, Mr. SANDERS, and Mr. BOUCHER. setts, Mr. BARRETT of Wisconsin, of Mr. SOLOMON, Mr. EVANS, Mr. HULSHOF, Mr. H.R. 3287: Ms. DELAURO. SHAYS. HEFLEY, Mr. BARCIA of Michigan, and Mr. H.R. 3290: Mr. LAZIO of New York and Mr. H.R. 979: Mr. EVANS, Mr. BROWN of Ohio, EHLERS. ENGLISH of Pennsylvania. Mr. HERGER, Mr. RAMSTAD, Mr. CAMPBELL, H.R. 2829: Mr. ANDREWS, Ms. BROWN of H.R. 3291: Mr. DAVIS of Virginia and Mr. and Ms. EDDIE BERNICE JOHNSON of Texas. Florida, Mr. COOKSEY, Mr. JOHN, Mr. KIND of SNOWBARGER. H.R. 981: Mr. SCHIFF, Mr. HEFNER, Mr. Wisconsin, Mr. MALONEY of Connecticut, Mr. H.R. 3297: Mr. POMBO, Mr. LEWIS of Califor- LAMPSON, and Ms. KILPATRICK. MCGOVERN, Mr. METCALF, Mr. PICKERING, Mr. nia, and Mr. HAYWORTH. H.R. 1009: Mr. REDMOND. SANDERS, and Mr. SHAYS. H. Con. Res. 141: Mr. CALVERT. H.R. 1121: Mr. WELDON of Florida. H.R. 2864: Mr. HAYWORTH. H. Con. Res. 188: Mr. FRANKS of New Jer- H.R. 1151: Mr. KNOLLENBERG, Mr. TRAFI- H.R. 2869: Mr. HAYWORTH. sey, Ms. KAPTUR, Mr. PAYNE, Mr. CANT, Mr. PETRI, Mr. CRAMER, Ms. MCCARTHY H.R. 2870: Ms. WOOLSEY and Mr. GUTIERREZ. BLAGOJEVICH, and Mr. CALVERT. H756 CONGRESSIONAL RECORD — HOUSE March 3, 1998

H. Con. Res. 203: Mr. BILIRAKIS, Mr. Strike subsection (b) of section 3 and in- (1) strike ‘‘remains an unincorporated ter- ENGLISH of Pennsylvania, Mr. DOYLE, Mrs. sert the following new subsection: ritory and’’; and THURMAN, and Mr. KANJORSKI. (b) OFFICIAL LANGUAGE.—The official lan- (2) insert before the period the following: ‘‘, H. Con. Res. 210: Mr. DAVIS of Florida. guage of the Federal Government is English. instead the Commonwealth has a unique re- H. Con. Res. 211: Mr. BOSWELL, Mr. The legislature of Puerto Rico has estab- lationship based on a bilateral compact’’. REDMOND, Mr. MCCOLLUM, Mr. SESSIONS, Mr. lished a bilingual policy by making both H.R. 856 Spanish and English official languages of SNOWBARGER, and Mr. PORTER. OFFERED BY: MR. GUTIERREZ H. Res. 16: Ms. SANCHEZ. Puerto Rico, but has continued to operate its AMENDMENT NO. 9: In the second sentence H. Res. 212: Mr. BACHUS, Mr. BARRETT of government solely in Spanish, as the major- of section 2(5), strike ‘‘the territory’’ and in- Wisconsin, Mr. BEREUTER, Mr. BRYANT, Mr. ity of the people in Puerto Rico are not pro- sert ‘‘Puerto Rico’’. CLYBURN, Mr. ENSIGN, Mr. FROST, Mrs. ficient in English. In the event that the KELLY, Ms. KILPATRICK, Ms. HARMAN, Ms. referenda held under this Act results in ap- H.R. 856 LOFGREN, Mr. MCDERMOTT, Mr. NETHERCUTT, proval of a request to Congress that Puerto OFFERED BY: MR. GUTIERREZ Ms. ROS-LEHTINEN, Mr. RUSH, and Mr. TAY- Rico be admitted to the Union as a State and AMENDMENT NO. 10: In the first sentence of LOR of North Carolina. the Congress approves such statehood, section 2(7)— H. Res. 304: Mr. YOUNG of Alaska. English will be the sole official language of (1) insert ‘‘per curiam’’ and ‘‘The’’; H. Res. 361: Mr. ROHRABACHER. all Federal Government activities in Puerto (2) strike ‘‘651) confirmed’’ and insert ‘‘651) f Rico and, unless otherwise provided by gen- expressed’’; and erally applicable Federal law, all commu- (3) strike ‘‘Constitution; and’’ and insert DELETIONS OF SPONSORS FROM nications with the Federal Government by ‘‘Constitution on matters of Federal pro- PUBLIC BILLS AND RESOLUTIONS the Government or people of Puerto Rico grams; nevertheless’’. will be in English. This Act, the procedures H.R. 856 Under clause 4 of rule XXII, sponsors authorized by this Act, and the possible ac- OFFERED BY: MR. GUTIERREZ were deleted from public bills and reso- cession of Puerto Rico to statehood do not lutions as follows: create or alter any rights of a person to gov- AMENDMENT NO. 11: In the last sentence of section 2(7), strike ‘‘status which is’’ and all H.R. 2495: Mr. WATT of North Carolina. ernment services in languages other than that follows through the period and insert f English. In section 4(a), strike paragraph (7) of sub- the following: ‘‘status. However, the United DISCHARGE PETITIONS— paragraph C of the referendum language and States Supreme Court has never directly addressed the nature of the political status of ADDITIONS OR DELETIONS insert the following new paragraph: ‘‘(7) English is the official language of all Puerto Rico.’’. On February 25, 1998, the following business and communication of the Federal H.R. 856 Member added his name to the follow- Government of the United States and all OFFERED BY: MR. GUTIERREZ ing discharge petition: communications with the Federal Govern- AMENDMENT NO. 12: In section 2(10), strike Petition 1 by Mr. YATES on H. Res. 141: ment will be in English unless generally ap- the second sentence. plicable Federal law provides otherwise. GEORGE E. BROWN, JR. H.R. 856 Puerto Rico, as a State, promotes English as f the official language of the State govern- OFFERED BY: MR. GUTIERREZ AMENDMENTS ment, courts, and agencies. English is the AMENDMENT NO. 13: In section 2(14), strike language of instruction in public schools.’’. ‘‘United States citizens live in the islands of Under clause 6 of rule XXIII, pro- Strike subparagraph (C) of section 4(b)(1) Puerto Rico, which’’ and insert ‘‘Puerto posed amendments were submitted as and insert the following new subparagraph: Ricans who are United States citizens’’. follows: (C) Additionally, in the event of a vote in H.R. 856 favor of United States sovereignty leading to H.R. 856 OFFERED BY: MR. GUTIERREZ statehood, the President shall include in the OFFERED BY: MR. SERRANO transition plan provided for in this Act that AMENDMENT NO. 14: In section 2(15), strike AMENDMENT NO. 2: In section 5(a), add at the Federal and State governments imple- ‘‘status’’ and all that follows through the pe- the end the following paragraph: ment programs and incentives to promote riod and insert ‘‘status essentially consistent (3) UNITED STATES CITIZENS BORN IN PUERTO the acquisition and usage of English by the with United Nations Resolution 1541(XV).’’. RICO ELIGIBLE TO VOTE.—Notwithstanding citizens of Puerto Rico, including but not H.R. 856 paragraphs (1) and (2), an individual residing limited to, teaching in English in public OFFERED BY: MR. GUTIERREZ outside of Puerto Rico shall be eligible to schools, the availability of fellowships and AMENDMENT NO. 15: In section 3(a), strike vote in the referenda held under this Act if scholarships to increase the opportunities of ‘‘the people of the territory’’ and insert that individual— the people of Puerto Rico to learn to speak, ‘‘Puerto Ricans.’’. (A) is a United States citizen because of read, write, and understand English, and the H.R. 856 that individual’s birth in Puerto Rico; and provision of educational instruction in (B) would be eligible to vote in such English to persons not in schools. OFFERED BY: MR. GUTIERREZ referenda but for that individual’s residency H.R. 856 AMENDMENT NO. 16: In section 3, redesig- outside of Puerto Rico. nate subsection (b) as subsection (c) and in- OFFERED BY: MR. GUTIERREZ H.R. 856 sert after subsection (a) the following: AMENDMENT NO. 4: Strike section 2 and re- (b) NONRESIDENT PUERTO RICANS.—(1) A OFFERED BY: MR. SOLOMON designate the succeeding sections accord- substantial number of the Puerto Rican peo- AMENDMENT NO. 3: At the end of section 2, ingly. ple reside outside of Puerto Rico, mostly in add the following paragraph: In section 1(b), in the table of contents, the several States. (16) In 1996, the United States House of strike the item relating to section 2 and re- (2) During any year, a large number of Representatives overwhelmingly declared designate the succeeding items accordingly. Puerto Ricans live in one of the several that ‘‘the official language of the Federal H.R. 856 States for part of the year and in Puerto Government is English’’. According to the OFFERED BY: MR. GUTIERREZ Rico for part of the year. 1990 United States Census, less than 24 per- AMENDMENT NO. 5: In section 2, in para- (3) Since the referenda held under this Act cent of the citizens of Puerto Rico speak graph (2), strike ‘‘Consistent with establish- may lead to a final disposition of the politi- English fluently. The enhancement of ment of United States nationality for inhab- cal status of Puerto Rico, it is of the utmost English as the official language of Puerto itants of Puerto Rico under the Treaty of importance that Puerto Ricans who are Rico is consistent not only with this state- Paris,’’. United States citizens residing outside of ment of policy, but also with the preserva- H.R. 856 Puerto Rico be permitted to vote in such tion of our Nation’s unity in diversity and referenda. the prevention of divisions along linguistic OFFERED BY: MR. GUTIERREZ (4) Congress recognizes the right of Puerto lines. Proficiency in the English language is AMENDMENT NO. 6: In section 2(3), strike Ricans residing outside of Puerto Rico to necessary for all citizens to enjoy the full ‘‘including’’ and insert ‘‘and’’. vote in any referenda held under this Act rights and benefits of their citizenship as H.R. 856 and requests that the Electoral Commission guaranteed by the Constitution and to con- OFFERED BY: MR. GUTIERREZ of Puerto Rico to devise methods and proce- tribute most effectively to the Nation in all dures for such Puerto Ricans (including AMENDMENT NO. 7: In the first sentence of aspects. Conducting the business of Federal section 2(4), insert ‘‘to be approved by the those who were born in Puerto Rico or who and State governments in English is the best people of Puerto Rico,’’ after ‘‘constitution’’. have at least one parent who was born in way to promote efficiency and fairness to Puerto Rico) to register for and vote in every citizen. Only proficiency in English H.R. 856 absentia in any referenda held under this can provide all Americans the enjoyment of OFFERED BY: MR. GUTIERREZ Act. the rights and benefits of full participation AMENDMENT NO. 8: In the last sentence of (5) Congress authorizes and encourages all in the American economy and union. section 2(4)— State governments and Federal agencies to March 3, 1998 CONGRESSIONAL RECORD — HOUSE H757 cooperate with and assist the Electoral Com- Strike section 4(b)(1)(C). SEC. 8. NONINCORPORATION. mission of Puerto Rico in achieving the H.R. 856 Nothing in this Act shall be interpreted to make Puerto Rico an incorporated territory goals described in paragraphs (3) and (4). OFFERED BY: MR. GUTIERREZ H.R. 856 of the United States. AMENDMENT NO. 24: In section 4(a), after Amend the table of contents by adding at OFFERED BY: MR. GUTIERREZ paragraph (6) of the referendum language for the end the following new item: statehood, insert the following new para- AMENDMENT NO. 17: In section 4(a), amend Sec. 8. Nonincorporation. paragraph (7) of the referendum language for graphs (and redesignate the succeeding para- H.R. 856 statehood to read as follows: graphs accordingly): ‘‘(7) Spanish is an official language of ‘‘(7) Section 30A of the Internal Revenue OFFERED BY: MR. GUTIERREZ Puerto Rico and its only vernacular lan- Code of 1986 will continue in effect for 20 AMENDMENT NO. 31: In section 4(a) strike guage and as such is the official language of years after Puerto Rico becomes a State or ‘‘A. COMMONWEALTH’’ and all that follows business and communication— until the State of Puerto Rico achieves the through ‘‘(b) TRANSITION STAGE’’ and insert ‘‘(A) in the State government, courts, same per capita income as the State with the the following: schools, and agencies; and next lowest per capita income. ‘‘(A) COMMONWEALTH.—If you agree, mark ‘‘(B) in Federal courts and agencies when (8) The internal revenue laws of the United here lll. such courts and agencies are acting in or States will not apply to residents of the ‘‘(B) INDEPENDENCE.—If you agree, mark with regard to Puerto Rico.’’. State of Puerto Rico until such time as the here lll. ‘‘(C) STATEHOOD.—If you agree, mark here H.R. 856 State of Puerto Rico achieves the same per capita income as the State with the next lll. OFFERED BY: MR. GUTIERREZ lowest per capita income. (b) TRANSITION STAGE AMENDMENT NO. 18: In the second sentence H.R. 856 H.R. 856 of section 3(b)— OFFERED BY: MR. GUTIERREZ (1) strike ‘‘rather than English is currently OFFERED BY: MR. GUTIERREZ AMENDMENT NO. 32: Strike the last sen- the predominant language’’ and insert ‘‘is AMENDMENT NO. 25: In section 7(c), add at the end the following: tence of section 2(7), and insert the follow- the vernacular language’’; ing: (2) strike ‘‘the majority of’’; and No agency or instrumentality of the Govern- (3) strike ‘‘Puerto Rico; and that Con- ment of the Commonwealth of Puerto Rico, The courts have also recognized the exist- gress’’ and all that follows through the pe- except the Commonwealth Elections Com- ence of a unique political relationship cre- riod and insert ‘‘Puerto Rico.’’. mission, may directly or indirectly use funds ated by the peoples of Puerto Rico and the United States. The United States Supreme H.R. 856 made available by this Act. Amounts made Court has never addressed directly the na- OFFERED BY: MR. GUTIERREZ available by this Act and by the Puerto Rico legislature for purposes of this Act which are ture of the political status of Puerto Rico. AMENDMENT NO. 19: At the end of the bill, used in media shall be distributed equitably H.R. 856 add the following new section: among all major newspapers, radio stations, OFFERED BY: MR. GUTIERREZ SEC. 8. LANGUAGE USED IN FEDERAL COURT IN and television stations in Puerto Rico.’’. PUERTO RICO. AMENDMENT NO. 33: In the last sentence of English and Spanish shall be the official H.R. 856 section 2(5), strike ‘‘the territory’’ and insert languages of business and communication in OFFERED BY: MR. GUTIERREZ ‘‘Puerto Rico’’. the Federal courts in Puerto Rico. AMENDMENT NO. 26: In section 4, redesig- H.R. 856 In section 1(b), in the table of contents, nate subsection (a) as subsection (b) and in- OFFERED BY: MR. GUTIERREZ add the following item at the end: sert before subsection (b), as so designated, AMENDMENT NO. 34: Strike the last sen- Sec. 8. Language used in Federal court in the following new subsection (and redesig- tence in section 2(4). Puerto Rico. nate the succeeding subsections accord- H.R. 856 ingly): H.R. 856 OFFERED BY: MR. GUTIERREZ (a) APPROVAL OF ACT.—Notwithstanding OFFERED BY: MR. GUTIERREZ any other provision of this Act, prior to AMENDMENT NO. 35: In the first sentence of AMENDMENT NO. 20: At the end of the bill, holding any referenda under this Act, this section 2(4), strike ‘‘instituting’’ and all that add the following new section: Act must be approved by a majority of the follows through the period and insert ‘‘Puer- SEC. 8. LANGUAGE USED IN FEDERAL COURT IN qualified voters of Puerto Rico through an to Rico to adopt its own constitution.’’ PUERTO RICO. islandwide referendum to be held in accord- H.R. 856 English and Spanish shall be the official ance with the laws of Puerto Rico. OFFERED BY: MR. GUTIERREZ languages of business and communication in H.R. 856 AMENDMENT NO. 36: At the end of section 2, the Federal courts in Puerto Rico in any pro- OFFERED BY: MR. GUTIERREZ add the following paragraph: (16) By provid- ceeding in which a party speaks fluent Span- AMENDMENT NO. 27: At the end of section 2, ing for the people of Puerto Rico to express ish and does not speak fluent English. their preference as to its permanent political In section 1(b), in the table of contents, add the following new paragraph: (16) According to the 1990 decennial census status, Congress is aware that Puerto Rico is add the following item at the end. of population, Puerto Rico’s population, sociologically and culturally a Caribbean Sec. 8. Language used in Federal court in 3,522,037, is greater than the population of 26 and Latin-American nation, formed by a Puerto Rico. of the several States. blend of European, African, and native H.R. 856 H.R. 856 ethnics with distinctive culture which, unlike the several States, has Spanish as a OFFERED BY: MR. GUTIERREZ OFFERED BY: MR. GUTIERREZ common language. According to the 1990 de- AMENDMENT NO. 21: In section 4(a), insert AMENDMENT NO. 28: At the end of section 2, cennial census of population, only 21,000 per- after paragraph (6) of the referendum lan- add the following new paragraph: sons born in the several States live in Puerto guage for Statehood the following new para- (16) In the 50 States of the Union, there are Rico. graph (and redesignate the succeeding para- currently approximately 3,300,000 Puerto H.R. 856 graphs accordingly): Ricans who maintain a very close relation- ‘‘(7) Notwithstanding the Amateur Sports ship with their relatives in Puerto Rico and OFFERED BY: MR. GUTIERREZ Act of 1978, Puerto Rico retains its separate who consider themselves to be part of the AMENDMENT NO. 37: In section 4(a)— Olympic Committee and ability to compete Puerto Rican nation. (1) strike ‘‘ ‘B. SEPARATE SOVEREIGNTY’ ’’ AND INSERT ‘‘ ‘B. INDEPENDENCE AND ASSOCI- under its own flag and national anthem in H.R. 856 international athletic competitions, even ATED REPUBLIC’ ’’; OFFERED BY: MR. GUTIERREZ against the United States.’’. (2) in the matter before paragraph (1) of AMENDMENT NO. 29: At the end of section 2, H.R. 856 the referendum language for independence add the following new paragraph: and associated republic (as amended by para- OFFERED BY: MR. GUTIERREZ (16) On November 18, 1997, the Supreme graph (1)), strike ‘‘separate sovereignty in AMENDMENT NO. 22: In section 4(a), insert Court of Puerto Rico decided in Ramirez de the form of independence or free associa- after paragraph (6) of the referendum lan- Ferrer v. Mari Bras, CT–96–14, that there ex- tion’’ and insert ‘‘independence or associated guage for Statehood the following new para- ists a Puerto Rican citizenship which is republic’’; and graph (and redesignate the succeeding para- ‘‘separate and distinct’’ from the United (3) in paragraph (7) of the referendum lan- graphs accordingly): States citizenship and that persons born in guage for independence and associated re- ‘‘(7) Puerto Rico may continue to have its Puerto Rico who are Puerto Rican citizens public (as amended by paragraph (1)), strike own representative in international beauty may not be denied the right to vote in Puer- ‘‘a free association’’ and insert ‘‘an associ- pageants in competition with a representa- to Rico even if they are not United States ated republic’’. tive of the United States.’’. citizens. H.R. 856 H.R. 856 H.R. 856 OFFERED BY: MR. GUTIERREZ OFFERED BY: MR. GUTIERREZ OFFERED BY: MR. GUTIERREZ AMENDMENT NO. 38: In the heading of sec- AMENDMENT NO. 23: In section 4(a)(1)(A), AMENDMENT NO. 30: At the end of the bill, tion 5, strike ‘‘, INCLUDING INCONCLU- strike ‘‘10 years’’ and insert ‘‘180 days’’. add the following new section: SIVE REFERENDUM’’. H758 CONGRESSIONAL RECORD — HOUSE March 3, 1998 Strike section 5(c). to Rico is ended; thereupon, birth in Puerto In section 4(a), in paragraph (4) of the ref- H.R. 856 Rico shall cease to be a basis for United erendum language for statehood, strike the States nationality or citizenship, but per- semicolon at the end and insert the follow- OFFERED BY: MR. GUTIERREZ sons who had such United States nationality ing: ‘‘: Provided, That the Constitution of AMENDMENT NO. 39: Strike section 7 (and or citizenship, no matter how attained, have Puerto Rico, including its Bill of Rights, pro- amend the table of contents accordingly). the right to retain United States nationality vides additional protections with respect to H.R. 856 and citizenship, and to the same extent as all non-Federal matters;’’. OFFERED BY: MR. GUTIERREZ other United States citizens, to become dual H.R. 856 nationals of the United States and any other AMENDMENT NO. 40: Strike all after 1(a) and OFFERED BY: MR. SCHUMER insert the following: sovereign nation, including the Republic of Puerto Rico; and relationship to persons AMENDMENT NO. 46: In section 5(a), add at UBMISSION OF PETITION.—The 3 main (b) S the end the following paragraph: political parties in Puerto Rico may submit with United States citizenship, no matter (3) PUERTO RICAN RESIDENCY NOT RE- a unanimous petition to Congress requesting how attained, will continue to be a basis for QUIRED.—Notwithstanding paragraphs (1) and that Congress provide for a referendum to be United States citizenship to the same extent, (2), an individual residing outside of Puerto held by the people of Puerto Rico to choose and subject to the same requirements, in- Rico shall be eligible to vote in the referenda among options fully described in such peti- cluding requirements as to residency in the held under this Act if that individual— tion. United States, that such relationships form the basis for the citizenship of other persons, (A)(I) is a resident of the United States, in- H.R. 856 including persons born to United States citi- cluding any territory, possession, or military OFFERED BY: MR. GUTIERREZ zen parents in other sovereign nations; installation of the United States, at the time AMENDMENT NO. 41: At the end of the bill In section 4(a), strike paragraph (2) of the that the referenda is held; and insert the following (and amend the table of referendum language for Commonwealth, (II) would be eligible to vote in such contents accordingly): and insert the following: referenda but for that individual’s residency ‘‘(2) Puerto Rico is an unincorporated ter- SEC. 8. SUNSET PROVISION. outside of Puerto Rico; and ritory of the United States, and the Con- This Act shall cease to have effect 10 years (B)(I) was born in Puerto Rico; or stitution of the United States as determined after the date of enactment. (II) has at least one parent who was born in by the courts, and the laws of the United Puerto Rico. H.R. 856 States as determined by Congress and inter- H.R. 856 OFFERED BY: MR. GUTIERREZ preted by the courts, protect the fundamen- SUBSTITUTE AMENDMENT NO. 42: In section 2(14), strike tal rights of the people of Puerto Rico, in- ‘‘at the southeastern-most boundary of our cluding (but not limited to) the rights to due OFFERED BY: MR. SCHUMER Nation,’’. process and to equal protection of the laws, (Substitute to the Amendment Offered by Mr. freedom of speech and of the press, the right H.R. 856 Serrano) to travel, and the right to be free from un- AMENDMENT NO. 47: In section 5(a), add at OFFERED BY: MR. GUTIERREZ reasonable searches: Provided, That the Con- the end the following paragraph: AMENDMENT NO. 43: In the second sentence stitution of Puerto Rico, including its Bill of (3) PUERTO RICAN RESIDENCY NOT RE- of section 3(b), strike ‘‘; and that Congress Rights, provides additional protections with QUIRED.—Notwithstanding paragraphs (1) and has the authority to expand existing English respect to non-Federal matters; (2), an individual residing outside of Puerto language requirements in the Common- In section 4(a), strike paragraph (3) of the Rico shall be eligible to vote in the referenda wealth of Puerto Rico’’. referendum language for Commonwealth, held under this Act if that individual— H.R. 856 and insert the following: ‘‘(3) persons born in Puerto Rico have stat- (A)(I) is a resident of the United States, in- ´ OFFERED BY: MR. ROMERO-BARCELO utory United States nationality and citizen- cluding any territory, possession, or military AMENDMENT NO. 44: Page 1, after line 9, add ship as prescribed by Congress; and addition- installation of the United States, at the time the following: ally, relationship to persons with legal that the referenda is held; and The provisions of this paragraph shall be United States citizenship, no matter how at- (II) would be eligible to vote in such subject to the non-resident voting qualifica- tained, will continue to be a basis for United referenda but for that individual’s residency tions, eligibility requirements, and proce- States citizenship to the same extent, and outside of Puerto Rico; and dures established by the Commonwealth Leg- subject to the same requirements, including (B)(I) was born in Puerto Rico; or islature pursuant to the electoral laws of requirements as to residency in the United (II) has at least one parent who was born in Puerto Rico, and votes cast in any referen- States, that such relationships form the Puerto Rico. dum held under this Act by persons eligible basis for the citizenship of other persons, in- H.R. 856 to vote pursuant to this paragraph shall be cluding persons born to United States citizen OFFERED BY: MR. STEARNS counted independently from other votes cast parents in other sovereign nations; AMENDMENT NO. 48: In paragraph (2) of sec- and shall not be considered in determining In section 4(a), strike paragraph (7) of the tion 5(c), strike ‘‘there is authorized to be which status option has received a majority referendum language for Commonwealth, further referenda’’ and all that follows of votes in such referendum. and insert the following: ‘‘(7) the extension, continuation, modifica- through the period and insert the following: H.R. 856 tion, and termination of Federal law and pol- not later than 90 days after such referenda, OFFERED BY: MR. SCHUMER icy applicable to Puerto Rico and its resi- there shall be a second referendum held in AMENDMENT NO. 45: In section 4(a), strike dents is unchanged by this referendum and is accordance with this Act which shall be on paragraph (4) of the referendum language for within the discretion of Congress; and it is the approval of 1 of the 2 options which re- separate sovereignty, and insert the follow- the policy of the Congress to take all nec- ceived the most votes in the first referen- ing: essary steps to ensure that the provisions of dum. Such 2 options shall be presented on ‘‘(4) the Constitution and laws of the the Bill of Rights to the United States Con- the ballot using the same language and in United States no longer apply in Puerto stitution fully protect the people of Puerto the same manner as they were presented in Rico, and United States sovereignty in Puer- Rico; and the first referendum. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, TUESDAY, MARCH 3, 1998 No. 19 Senate The Senate met at 10 a.m. and was resume consideration of S. 1173, the Mr. WELLSTONE. I ask unanimous called to order by the President pro ISTEA legislation. By previous agree- consent that I be able to speak for 10 tempore [Mr. THURMOND]. ment, from 12:30 p.m. to 2:15 p.m. the minutes in morning business. Senate will recess for the weekly pol- The PRESIDING OFFICER. The Sen- PRAYER icy luncheons to meet. ator has that right under the previous The Chaplain, Dr. Lloyd John It is hoped that at 2:30 p.m. the com- order. Ogilvie, offered the following prayer: merce amendment will be offered. Mr. WELLSTONE. I am sorry? Therefore, Members can anticipate de- Dear God, righteous, holy Judge of us The PRESIDING OFFICER. The Sen- bate on that amendment this after- all, we are accountable to You. Every ator has that right under the previous noon. In addition, the Senate may con- word we speak and action we take is order. sider any executive or legislative busi- heard and seen by You. Remind us that Mr. WELLSTONE. I didn’t know You bless those who humble them- ness cleared for action. As always, Members will be notified when rollcall whether other people were in order to selves and put their trust in You com- speak and I was bumping someone out. pletely. There’s no limit to what You votes are scheduled. The PRESIDING OFFICER. The Sen- will do for a country and its leaders if I thank my colleagues for their at- ator from Minnesota has been recog- You are glorified as Sovereign. tention. nized to speak for up to 10 minutes. May the knowledge of Your blessings f to our Nation bring a deeper commit- MORNING BUSINESS ment to You. We want our motto, ‘‘In f The PRESIDING OFFICER (Mr. God we trust’’ to be more than an egre- BROWNBACK). There will now be a pe- gious exaggeration. Begin a spiritual HUMAN RIGHTS IN CHINA riod for the transaction of morning awakening in us that will spread business. Mr. WELLSTONE. Mr. President, I throughout our Nation. You have told The Senator from Georgia is recog- will be on the floor at 11 o’clock with us, ‘‘Where there is no vision the peo- nized. an amendment to the ISTEA legisla- ple perish . . . ’’—Proverbs 29:18. And we Mr. COVERDELL. Mr. President, I tion, but let me pick up on comments remember Thomas Jefferson’s warning, thank the Chair. I made yesterday on the floor of the ‘‘God who gave us life, gave us liberty. (The remarks of Senator COVERDELL Senate about a resolution that Senator Can the liberties of a nation be secure and Senator FEINSTEIN pertaining to MACK from Florida and I have sub- when we have removed a conviction the submitted S.J. Res. 42 and S.J. Res. mitted dealing with the whole question that these liberties are the gifts of 43 are located in today’s RECORD under of human rights in China. God?’’ With these words ringing in our ‘‘Submission of Concurrent and Joint There is an editorial today in the souls, grant the Senators and all of us Resolutions.’’) Washington Post—and I think it is a who work with them the courage to re- Mr. FEINGOLD addressed the Chair. very important editorial—called ‘‘A affirm You as Lord to whom we are re- The PRESIDING OFFICER. The Sen- Choice on China.’’ I ask unanimous sponsible for the moral, spiritual, and ator from Wisconsin. Under a previous consent to have that printed in the cultural life of America. In the name of order, the Senator from Wisconsin is RECORD. our Savior. Amen. recognized for up to 15 minutes. There being no objection, the edi- f Mr. FEINGOLD. I thank the Chair. torial was ordered to be printed in the (The remarks of Mr. FEINGOLD per- RECOGNITION OF THE ACTING RECORD as follows: taining to the submission of legislation MAJORITY LEADER are located in today’s RECORD under A CHOICE ON CHINA The PRESIDENT pro tempore. The ‘‘Submission of Concurrent and Senate The Clinton administration long ago aban- able acting majority leader is recog- Resolutions.’’) doned human rights as a primary consider- nized. Mr. WELLSTONE addressed the ation in dealing with China, but it claimed an intention at least to continue speaking f Chair. The PRESIDING OFFICER. The Sen- out on the issue. The substance of U.S.-China SCHEDULE relations—in other words, trade, military ator from Minnesota. Mr. COVERDELL. Mr. President, on contacts, high-level summits—would go for- Mr. WELLSTONE. Mr. President, are ward no matter what abuses China’s leaders behalf of the majority leader, I an- we in morning business for 10 more committed against their own people, but the nounce that this morning the Senate minutes? United States would, in Secretary of State will be in a period of morning business The PRESIDING OFFICER. We are in Madeleine Albright’s famous phrase, ‘‘tell it until 11 a.m. At 11 a.m., the Senate will morning business until 11 o’clock. like it is’’ nonetheless. Now, however, it

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

S1215

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1216 CONGRESSIONAL RECORD — SENATE March 3, 1998 seems the administration may sacrifice even I had a chance to meet with Wei resolution in the Senate Foreign Rela- truth-telling so as not to offend China’s Jingsheng who wrote a wonderful book tions Committee today, but one Sen- Communist regime. called ‘‘The Courage to Stand Alone.’’ ator on the committee has basically The immediate issue is whether to sponsor a resolution at the United Nations Commis- He spent many years in prison in blocked that and has exercised his pre- sion on Human Rights when it convenes in China, I think 16 years, for his courage rogative so we won’t be able to mark it Geneva next month. You wouldn’t think this to speak out. He has made it very up in committee. would be a tough call. Such a resolution clear, and I quote the Post editorial, I want to make it clear to colleagues would moderately criticize China’s record that the resolution is ‘‘ ‘a matter of life that I have every intention—and I hope and call for improvements; it would impose and death’ for reform in China. Presi- I will be joined by other Senators—of no penalty beyond well-deserved embarrass- dent Clinton explicitly promised, back bringing this resolution to the floor as ment. Democracy advocate Wei Jingsheng an amendment on a bill, probably the nevertheless calls the resolution ‘‘a matter when he delinked trade and human of life and death’’ for reform in China. Presi- rights in 1994, that the administration ISTEA bill. I will wait and see and dent Clinton explicitly promised, back when ‘would step up its efforts’ to get such a work, of course, very closely with my he delinked trade and human rights in 1994, resolution approved.’’ colleague Senator MACK. that the administration ‘‘would step up its Mr. President, China remains as op- It is extremely important that the efforts’’ to get such a resolution approved. pressive today as it was a few short U.S. Senate go on record supporting a China’s regime remains as oppressive today years ago. I want colleagues to know resolution passed by this U.N. Commis- as it was then. sion on Human Rights at its meeting in That much is clear, in fact, from the State that this is a separate question from Department’s own human rights report, whether or not you were in favor of Geneva. Sometimes I get the feeling which—despite a touch of whitewash this most-favored-nation status for China. that when I speak on the floor of the year—does mostly tell it like it is, painting Some people believe trade policy is too Senate—in a few minutes we will have a dismal picture of China’s ‘‘widespread and blunt an instrument to be focused on a debate, there will be more people well-documented human rights abuses.’’ human rights. Others do not. I do not here—but when I am on the floor of the These include torture, extrajudicial killings, share that sentiment. Regardless, let Senate and speaking about something arbitrary arrest and detention, forced abor- like this, I sometimes get the feeling it tion and sterilization, crackdowns on inde- me repeat for colleagues what we pendent Catholic and Protestant bishops and know. is unimportant. It is not unimportant. believers, brutal oppression of ethnic minori- The State Department’s own human When Wei Jingsheng who spent all ties and religion in Tibet and Xinjiang and, rights report, which has been some- those years in prison, when Harry Wu, of course, absolute intolerance of free polit- what controversial because some think and others, who have given up years of ical speech or free press. Just this month, it is a bit of a whitewash this year, their life because of their courage to the FBI arrested two Chinese citizens for al- still nevertheless paints a dismal pic- speak up for just basic human rights, legedly marketing human organs harvested ture of China’s ‘‘widespread and well- call on us in the U.S. Senate, ‘‘Won’t from some of the 6,000 prisoners China executes each year. If prisoners are being killed documented human rights abuses’’: you please at least adopt a resolu- in order to provide organs, it ‘‘would be These include torture, extrajudicial tion’’—I guess it is going to have to be among the grossest violations of human killings, arbitrary arrest and detention, an amendment now—‘‘which really rights imaginable,’’ Stanley O. Roth, assist- forced abortion and sterilization, crack- calls on the President and your coun- ant secretary of state for East Asian affairs, downs on independent Catholic and Protes- try to take leadership at this U.N. said last summer. tant bishops and believers, brutal oppression Commission on Human Rights and Yet from Mr. Clinton, still no word on of ethnic minorities and religions in [coun- have some criticism of what has been plans for Geneva. Last year the administra- tries like] Tibet . . . going on in China, the torture of peo- tion similarly dithered and delayed, eventu- And the list goes on. ally hiding behind tiny Denmark, which ple, the execution of people, the im- sponsored a resolution. China responded, Just this month, the FBI arrested two Chi- prisonment of people just for speaking with grace matching America’s courage, by nese citizens for allegedly marketing human up, the persecution of religious groups, organs harvested from some of the 6,000 pris- warning that the human rights resolution won’t you at least do that,’’ I am tell- would ‘‘become a rock that smashes on the oners China executes each year. If prisoners are being killed in order to provide organs, it ing you, when I get a request from Danish government’s head.’’ This year, while someone like Wei Jingsheng, who I the administration again has been unable to ‘‘would be among the grossest violations of make up its mind, the entire European human rights imaginable,’’ Stanley O. Roth, think is a giant, then I am certainly Union opted out, cravenly vowing not to co- Assistant Secretary of State for East Asian going to follow through on it. sponsor any resolution. The EU then cited a Affairs, said last summer. I believe that in the U.S. Senate series of inadequate ‘‘benchmarks’’ to meas- We haven’t yet heard from the White there will be overwhelming support for ure future Chinese progress in the human House as to whether or not they are this resolution, which I think now will rights field, such as that the visit of the U.N. going to be sponsoring a resolution be an amendment since we have been human rights commissioner to China which would raise all of these ques- blocked from being able to mark it up ‘‘should be taken seriously by the Chinese in the Senate Foreign Relations Com- leadership.’’ tions. I think this is a commitment we It may be too late now for the United have made as a country. mittee. States to rally a coalition of countries that Let me conclude by reading the last I guess I will say to colleagues, if you would guarantee a fair hearing for a resolu- paragraph of this Post editorial: don’t agree that our country at the tion on China, but it is not too late for Mr. It may be too late now for the United very least ought to be speaking up on Clinton to support such a measure nonethe- States to rally a coalition of countries that these human rights questions and sup- less. He can still send a message that Amer- would guarantee a fair hearing for a resolu- porting people like Wei Jingsheng, that ica supports, or at least sympathizes with, tion on China, but it is not too late for Mr. that is at least the minimum we can do the fighters for freedom inside China; alter- Clinton to support such a measure neverthe- at this very important U.N. Commis- natively, he can send a message that his less. He can still send a message that Amer- friendship with their oppressors is too impor- sion on Human Rights, then you can ica supports, or at least sympathizes with, come to the floor of the Senate and you tant to put at risk with any impolite words. the fighters for freedom inside China; alter- For someone who hopes to become this year natively, he can send a message that his can debate it. the first president to visit China since the friendship with their oppressors is too impor- From my own point of view, one Sen- massacre at Tiananmen Square, this should tant to put at risk with any impolite words. ator, who happens to be my colleague be an easy choice. For someone who hopes to become this year from Minnesota who doesn’t agree and Mr. WELLSTONE. Mr. President, the the first president to visit China since the is not going to let this go forward on immediate issue, as the Post editorial massacre at Tiananmen Square, this should the Senate Foreign Relations Com- points out, is whether or not the be an easy choice. mittee, I would be pleased to debate United States is going to sponsor a res- The resolution that Senator MACK him and other Senators as well. But olution at the U.N. Commission on and I submitted yesterday calls on the my hope is that we will have over- Human Rights gathering in Geneva, President to move forward with this whelming support for this. which is going to be coming up, I resolution at the U.N. Commission on Again, this doesn’t say you are for or think, this month, or maybe at the be- Human Rights, which is going to be against most-favored-nation status. ginning of next month, but within a meeting in Geneva. My understanding This doesn’t say you are for or against very short period of time. was that we were going to mark up this assistance for IMF or not. This is not

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1217 about GATT. This is not about NAFTA. noit Samuelson, gold medalist in the A bill (S. 1173) to authorize funds for con- This is about something else which we first women’s Olympic marathon in struction of highways, for highway safety ought to have a consensus on, which is, 1984; and Joe Paterno, longtime head programs, and for mass transit programs, at this upcoming meeting in Geneva— football coach at Penn State Univer- and for other purposes. I think our Government has given peo- sity. This year, the Institute will honor The Senate resumed consideration of ple in China every reason to believe over 15 individuals including Mills the bill with a modified committee that we would—and I guess I will quote Lane, district court judge of Reno, Ne- amendment in the nature of a sub- Secretary of State Madeleine vada and internationally known profes- stitute (Amendment No. 1676). Albright’s famous phrase, ‘‘Tell it like sional boxing referee; Bud Greenspan, Mr. CHAFEE. It is my understanding it is.’’ We ought to tell it like it is. We renowned Olympic cinematographer; the distinguished Senator from Min- ought to tell it like it is. The Post edi- Billy Packer, CBS sports commentator; nesota has an amendment which he torial is right on the mark, we ought to and Ken Dryden, president and general wishes to present. What we would like do it at this very important meeting of manager, Toronto Maple Leafs. to do, if it is agreeable with him, is he the U.N. Commission on Human Another key component of National could present his amendment and dis- Rights. That is the time for the United Sportsmanship Day is the Student- cuss it but we not proceed to a vote States to speak out. Athlete Outreach Program. This pro- until we have had an opportunity to Silence is betrayal, and our country gram encourages high schools and col- check with the Labor Committee, and must not be silent in the face of these leges to send talented student-athletes check some other factors. So he and I kinds of abuses of elementary human to local elementary and middle schools could work together on when would be rights of citizens in China and, for that to promote good sportsmanship and a good time to call it up for a vote. matter, in other countries as well. serve as positive role models. These Mr. WELLSTONE addressed the I hope that I will be doing this on the students help young people build self- Chair. floor with Senator MACK. I certainly esteem, respect for physical fitness, The PRESIDING OFFICER. The Sen- am going to be bringing an amendment and an appreciation for the value of ator from Minnesota is recognized. to the floor. We have to have a vote on teamwork. Mr. WELLSTONE. Mr. President, I this. I can’t let one Senator block a If all those activities were not have talked to the distinguished Sen- committee from marking up this bill enough, the Institute has found an- ator from Rhode Island. I will send an and then have it delayed a month, other avenue to promote understanding amendment to the desk, but I will not which will be too late for this U.N. and good character for youngsters. A be asking for a vote until after we Commission on Human Rights. We will new program called Renaissance Edu- work together on this. I certainly hope take action on it before the Senate. I cation was instituted in 1996 to expose there will be support for it. I thank the hope we get 98, 99 Senators voting in students to the foundations of ‘‘total Senator from Rhode Island for his gra- favor of it. It is the least we can do. education.’’ The Renaissance Edu- ciousness. I yield the floor and suggest the ab- cation concept gives students the op- AMENDMENT NO. 1679 TO AMENDMENT NO. 1676 sence of a quorum. portunity to contribute to a team ef- (Purpose: To require the Secretary of Health The PRESIDING OFFICER. The fort and profit from the benefits of and Human Services to report on the num- clerk will call the roll. team participation. To kick-off this ber of former recipients of public assist- The assistant legislative clerk pro- program, the Institute will host its ance under the State temporary assistance ceeded to call the roll. to needy families programs that are eco- first-ever Renaissance Games in April nomically self-sufficient) Mr. CHAFEE. Mr. President, I ask where students will participate in Mr. WELLSTONE. Mr. President, I unanimous consent that the order for sports, leisure, cultural, and academic the quorum call be rescinded. send an amendment to the desk and activities such as: basketball, ask for its immediate consideration. The PRESIDING OFFICER (Mr. ROB- volleyball, photography, public speak- The PRESIDING OFFICER. The ERTS). Without objection, it is so oring, creative writing, chess, board dered. clerk will report. games, spelling bees, and library re- The bill clerk read as follows: f search. The Senator from Minnesota [Mr. I remain very proud that National NATIONAL SPORTSMANSHIP DAY WELLSTONE] proposes an amendment num- Sportsmanship Day was initiated in bered 1679. Mr. CHAFEE. Mr. President, today is Rhode Island, and I applaud the stu- Mr. WELLSTONE. Mr. President, I the eighth annual National Sportsman- dents and teachers who are partici- ask unanimous consent that reading of ship Day—a day designated to promote pating in the events of this inspiring the amendment be dispensed with. ethics, integrity, and character in ath- day. Likewise, I congratulate all of The PRESIDING OFFICER. Without letics. I am pleased to say that Na- those at the University of Rhode Is- objection, it is so ordered. tional Sportsmanship Day was a cre- land’s Institute for International ation of Mr. Daniel E. Doyle, Jr., Exec- The amendment is as follows: Sport, whose hard work and dedication On page 309, between lines 3 and 4, insert utive Director of the Institute for over the last eight years have made International Sport at the University the following: this program so successful. SEC. 18ll. REPORT ON THE STATUS OF FORMER of Rhode Island. Participation this Mr. President, it is my understanding TANF RECIPIENTS. year will include over 10,000 schools in that S. 1173 will be the matter before Section 413 of the Social Security Act (42 all 50 states and more than 100 coun- the Senate? U.S.C. 613) is amended by adding at the end tries. The PRESIDING OFFICER. The Sen- the following: Today, the Institute is holding a day- ator is correct. ‘‘(k) REPORT ON THE STATUS OF FORMER long town meeting in which athletes, TANF RECIPIENTS.— f coaches, journalists, students, and edu- ‘‘(1) DEVELOPMENT OF PLAN.—The Secretary cators are engaged in an in-depth dis- CONCLUSION OF MORNING shall develop a plan to assess, to the extent cussion of racial issues in sports. I be- BUSINESS possible based on all available information, the number and percentage of former recipi- lieve that the Institute’s work in ad- The PRESIDING OFFICER. Morning ents of assistance under the State programs dressing the issues of character and business is closed. funded under this part that are, as of the sportsmanship, and its ability to foster f date that the assessment is performed, eco- good dialogue among our young people nomically self-sufficient. In determining is significant. INTERMODAL SURFACE TRANS- economic self-sufficiency, the Secretary As part of the Day’s celebration, the PORTATION EFFICIENCY ACT OF shall consider— Institute selects Sports Ethics Fellows 1997 ‘‘(A) the number and percentage of such re- who have demonstrated ‘‘highly ethical The PRESIDING OFFICER. Under cipients that are, as of the date of the assessment, employed; behavior in athletics and society.’’ the previous order, the Senate will now ‘‘(B) the number and percentage of such re- Past recipients have included: Kirby resume consideration of S. 1173, which cipients earning incomes at or above 150 per- Puckett, former Minnesota Twins out- the clerk will report. cent of the poverty line (as defined in section fielder and 10-time All Star; Joan Be- The bill clerk read as follows: 673(2) of the Community Services Block

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1218 CONGRESSIONAL RECORD — SENATE March 3, 1998 Grant Act (42 U.S.C. 9902(2)), including any hope it will not be the case—that, as and almost 40 hours a week, they ought revision required by such section for a fam- opposed to families being moved from not be poor in America. ily of the size involved); and welfare to work with more economic I think some of that is skills develop- ‘‘(C) the number and percentage of such re- self-sufficiency, which is what our goal ment for people who are looking for cipients that have access to housing, transportation, and child care. is, we are seeing families that are actu- work. Some of that is access to capital, ‘‘(2) REPORTS TO CONGRESS.—Beginning 4 ally becoming more impoverished, chil- especially for small businesses, wheth- months after the date of enactment of this dren becoming more impoverished, er it be in Kansas or Minnesota, so we subsection, the Secretary shall submit bian- then what we need to do is take correc- can have more entrepreneurs and have nual reports to the appropriate committees tive action. Let’s at least monitor more economic opportunities. And of Congress on the assessment conducted what is happening. That amendment some of that is affordable child care under this subsection. The reports shall ana- was defeated. and affordable health care. If you can lyze the ability of former recipients of as- What I am saying to colleagues today put that package together, that is sistance under the State programs funded is that by passing that piece of legisla- under this part to achieve economic self-suf- probably the best single thing you can ficiency. The Secretary shall include in the tion, we have a certain responsibility do for families in America, especially reports all available information about the to make sure that we know what is families, if you will, in the bottom 50 economic self-sufficiency of such recipients, going on throughout the country. percent of the population. including data from quarterly State reports Gunnar Myrdal, a Swedish sociologist, I hope that is the direction we will submitted to the Department of Health and once said that ignorance is never ran- go. But as I travel the country—from Human Services (in this paragraph referred dom. I think we have to be very careful Delta, MS, to East LA, Watts, to the to as the ‘Department’), data from State ap- that we at least make an effort, as re- Pilsin neighborhood in South Side Chi- plications submitted to the Department for sponsible policymakers, to understand cago, to public housing projects, the bonuses, and to the extent the Secretary determines they are relevant to the assess- what is happening. Ida Wells housing project, to the Rob- ment— What I mean by ‘‘economic self-suffi- ert Taylor Holmes housing project, to ‘‘(A) reports prepared by the Comptroller ciency’’ is we just need to know wheth- inner city Baltimore, to inner city General of the United States; er or not, as the rolls drop—and we Minneapolis, to rural Aitkin County, ‘‘(B) samples prepared by the Bureau of the have heard reports about how the wel- to Letcher County, Appalachia, eastern Census; fare rolls have dropped by 4 million— Kentucky—what I find is a bit of a dis- ‘‘(C) surveys funded by the Department; whether this reduction in the rolls or turbing picture. And I have been trying ‘‘(D) studies conducted by the Department; reduction in welfare caseload is a re- to check with people in other States. ‘‘(E) studies conducted by States; I am finding another thing. First of ‘‘(F) surveys conducted by non-govern- duction of poverty. It can’t be viewed mental entities; as reform unless we are talking about a all, what I do when I travel around the ‘‘(G) administrative data from other Fed- reduction of poverty. We just need to country is say, OK, now you have seen eral agencies; and know whether or not these parents, a drop in caseload and you have fewer ‘‘(H) information and materials available mainly women, are now working at people on welfare. That is being ap- from any other appropriate source.’’. jobs that provide them a decent wage. plauded. But can you tell me where PRIVILEGE OF THE FLOOR The operational indicator that I have they are? Where are the people? What Mr. WELLSTONE. Mr. President, I in this amendment is we need to know kinds of jobs do they have? At what ask unanimous consent that privilege whether or not these families are at 150 wages? How about the children? Is of the floor be given to Mikki Holmes, percent of poverty. Are they now out of there decent child care for the chil- who is an intern with me, during con- poverty? We need to know whether or dren? sideration of this amendment. not there is child care available for the Generally speaking, the answer—and The PRESIDING OFFICER. Without children. We need to know what the it will not just be what I am going to objection, it is so ordered. housing situation is. We need to know tell you on the basis of my own travel, Mr. WELLSTONE. Both she and whether or not there is transportation but I also want to quote from some re- Kelly Ross have helped me a great deal available for people so they can get to ports—is people do not know. People do on the amendment, so I would love for jobs. We just do not know that. not know. State by State they do not her to be able to be out on the floor, What I am saying in this amendment really know. There ought to be some and I thank the Chair. is, at the very minimum—and I hope way to assemble that data and at least The PRESIDING OFFICER. The Sen- there will be support for it—we ask the get a report on what has happened. ator is recognized. Secretary of Health and Human Serv- I can tell you, I talked a little bit Mr. WELLSTONE. Mr. President, let ices, based upon the data that she has— about this on the floor of the Senate me give my colleagues a bit of back- some reports from States, some Census before. This is why I bring this amend- ground on this amendment—some con- Bureau survey statistics, some agency ment to the floor. It is why I am text. I am, if you will, changing the data—to pull together all the available changing the conversation on the floor conversation. We are going to be get- data—someone has to do that—and proof the Senate at least at the beginning ting into ISTEA amendments soon, and vide to the Senate, to the Congress, a of this bill. It is why I think this is a I will have some other amendments on report 4 months from enactment of this matter of urgent importance. ISTEA. But this is a vehicle out here amendment, and then every 6 months, What I find is that I will go to a com- on the floor and this is a time for me as to what is going on in the country— munity, like in Delta, MS, or, for that to raise another question, which I whether or not these families are matter—let us start with rural Aitkin think is a very important one. This reaching economic self-sufficiency. County, MN, or, for that matter, amendment would require the Sec- Let me talk a little bit about some of maybe even more importantly, in retary of Health and Human Services my own travel, and why I bring this Whitesburg, KY, and people will say in to report on the number of former wel- amendment to the floor, and also just rural communities two things. No. 1— fare recipients, recipients of public as- let me draw from some documentation, and in a lot of inner cities; I hope every sistance under the State Temporary empirical data, that I think will help colleague at some point in time can Assistance to Needy Families pro- colleagues as they make up their read William Julius Wilson’s book, grams, who are economically self-suffi- minds. This is very reasonable. This is ‘‘The Disappearance of Work,’’ just an cient. In other words, what we want to very reasonable, Democrats and Repub- eminent sociologist, African American do is have some clear understanding licans. The only thing I am saying is, sociologist, who has done superb work; about what is going on in the country please let us know. rave reviews for his very careful re- right now. Now, when I travel around the coun- search. When we debated the welfare bill, I try—and I have spent some time in There are a lot of communities in our had an amendment which said some- low-income communities—I am not country where work still does not thing like: Let’s please get Health and just focused on welfare. Personally, I exist, even with a record low official Human Services to take a look at what think the most important policy goal unemployment rate. We have commu- is going on in the country. And if it for us is to make work pay. I think if nities in our country where there are should be the case—and I certainly people work almost 52 weeks a year no jobs.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1219 So there are two issues here. If you own cars. And a lot of people rely on with reports as to what is going on. are going to tell people they are going the public transportation.’’ That is all. How many families are to be off assistance, we have to make So what I am saying, colleagues, is, reaching economic self-sufficiency? Are sure the job opportunities are there. let us find out—find out—whether or people who are now off welfare, have Now, a lot of people in rural America not people are moving to economic they found jobs? At what wage level? are saying, ‘‘Look, in our communities self-sufficiency. Let us find out what Are the children OK? Is there decent we don’t have the jobs. And just as im- this reduction in caseload means. Be- child care? That is all that says. We all portantly, we don’t have the transpor- cause I think otherwise we could be ought to want to know that. There tation to be able to get to some of doing something here in Washington, should not be one vote against this. We those jobs that are 50 or 60 miles DC, that could be unbelievably harsh should want to know. We should want away.’’ So I think we need to know and unbelievably cruel and just really to know. what is happening. I mean, in unconscionable, which is eventually Now, to provide some evidence or Whitesburg, KY, in Letcher County, supporting the idea that all families marshal some evidence for this amend- KY, boy, I will tell you what—I say are cut off all assistance even when ment, let me just read from this very this to the Senator from Kansas—you people have tried to find a job and have fine piece by Burt Solomon. In quoting want to talk about a group of people not been able to find a job, even when one Federal official: that are independent, you want to talk the child care isn’t available. ‘‘I don’t think we will be following enough about a group of people that are self-re- Now, as I travel the country—I want- people thoroughly enough’’—or long liant and self-sufficient—I am a little ed to also mention this to colleagues— enough—‘‘to get a [strong] understanding of I have met with entirely too many what’s going on,’’ a federal official steeped in biased. That is where my wife’s family welfare policy said. Queried about whether is from. This is the community. families who tell me that either their there are plans to better organize moni- People say, ‘‘We want to be able to 3- or 4-year-olds, part of the time, are toring, the official replied: ‘‘I think the an- work. And if you give us the tools home alone because it is a single par- swer is, not really.’’ whereby we can have some access to ent working because the child care Mr. President, I think that is sort of capital, we can chart our own economic isn’t available, or their children, small an apt summary. We just do not right future.’’ And there are jobs for people. children, age 2, age 3, one week are now have any coordination. We do not We are all for this. But right now, in a with a cousin, another week with an- have anybody who is responsible for couple of years from now, everybody other relative, another week with a collecting the data to be able to tell us please remember in that bill that we friend somewhere, because there is no what is happening to these families. passed, there is a drop dead date cer- affordable child care. Secretary Shalala gave a speech at tain where, depending upon the State, 2 Or I talk to parents—and I would like the American Enterprise Institute on years from now or 4 years from now or for every Senator to put himself or her- Friday, February 6. I will start out at a year and a half from now everybody self in the place of some of these par- the beginning of her speech. She said: is going to be off assistance. All these ents—who tell me that before this leg- But we also have a moral obligation to parents—women; almost all women— islation passed, they would go to keep making improvements in welfare re- and children will be cut off all assist- school, and they would pick up their form, and in our social policies. ance. first grader—this happened to me in She is talking about how, now that Before that finally happens, Mr. East LA—and this mother, who was we have had this law for a while, it is President, we need to know whether or just weeping, she was saying, ‘‘I work.’’ time to ask the questions and figure not these families are now reaching She wanted me to know she was work- out where we need to go from here. economic self-sufficiency. We need to ing. She wanted me to know that she ‘‘Today, fewer than 4 percent of Americans know what is going on. We cannot just wants to work. I was asking her, how are on welfare. What we don’t know is pre- cut all people off assistance without was it going? And it was at that point cisely what is happening to all of these knowing whether or not there are jobs that she broke down crying, when she former welfare recipients.’’ We know that available, whether or not any will be said, ‘‘It’s fine until about 3 o’clock some have married or moved in with family or friends. Others have left the rolls and are available, or, worse—and I am visiting every day,’’ because that is when she holding on to jobs that they were already a lot of communities around the coun- would pick up her first grader—now a going to—what is sometimes called the try, and I think Senators are probably second grader—at school, and walk her smoke out effect. But what’s important is hearing this now as we implement this home, sometimes passing gangs in a that many are looking for work—and finding legislation—they are telling me there pretty violent neighborhood. Too much it. are no jobs. violence still. And she would walk her Many are looking for work and find- Same thing in a lot of inner cities I child home, and then she would be with ing it. But the real issue is that we visit where people tell me in Balti- her child. Now she tells her second still do not know what is happening to more. And you know what? I am in grader, ‘‘You know, when you get home these 4 million people who are no complete agreement on this. I want my at the housing project, you’re to lock longer on the rolls. conservative colleagues to know that I the door, and you’re to take no phone I go on to quote from her speech: am now changing my ideology. I am be- calls.’’ States are working hard to enforce the coming a conservative Democrat. I Colleagues, I want you to know that mandatory work requirements in TANF. cannot go quite as far as being a Re- even when there is good weather, there Sanctions were actually rising even before publican. But I am in complete agree- are too many children in America who TANF. Still, most of the 33 states that were authorized by waivers to impose full-family ment with the proposition that you can are not outside playing because there sanctions rarely did so. Now, when sanctions have all of the social services imag- is no supervision for them. Now, we are imposed, it’s usually because recipients inable, you can have the WIC program, ought to know what is happening fail to show up for their initial appoint- and you can have the Head Start Pro- around the country to these children. ments—not because they refuse to comply gram, and you can have outreach pro- Just because these children are low-in- with work requirements. grams, but it does not work unless peo- come children, just because their Mr. President, I just want to make ple have an employment opportunity. mothers are low-income mothers does the point that one of the things that is That is dignity for people. not make them any less important happening—it is happening in my State But you know, when I visit some just than anybody else. They are all God’s of Minnesota—is a lot of people are ba- great people in Baltimore—they are children. sically getting cut off welfare because doing great work—what they tell me Mr. President, let me just read from they are sanctioned. They do not show is, ‘‘Look, all the social services in the a very important article that came out up for some of their initial appoint- world don’t cut it unless there are job last week in the National Journal by ments. But the question is whether opportunities here. And the jobs are Burt Solomon called ‘‘Monitoring Wel- they do not show up for their initial not available in our ghettos and bor- fare Reform—Sort Of.’’ This is why I appointments because they do not oughs. They are available in some of want to see us at least call on the Sec- want to work, or is it because they do the suburbs, but people cannot get out retary of Health and Human Services not have transportation? Or is it be- to them. A lot of poor people do not to assemble some data, to provide us cause there is not adequate outreach?

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1220 CONGRESSIONAL RECORD — SENATE March 3, 1998 Or it is because we are imposing a kind stand whether or not these families nomic security the most, seven (FL, NC, LA, of stability in the lives of people who have reached economic self-sufficiency. MS, AL, GA and DC) are in the South, four sometimes have to deal with crisis Mr. President, I quote from an article (OH, IA, MO and KS) are in the Midwest, two (WY and ID) in the West, and one (NJ) in the after crisis? Or is it because, with a in the Philadelphia Inquirer on a re- Northeast. lack of child care arrangements, they cent study by Tufts University: Two states represent the extremes in cannot be there? Despite numerous reports of welfare re- measuring progress and failure to date: I mean, we want to make sure that form’s early success, most states have en- Vermont, with a score of +12, is the state people are not just being eliminated acted measures that hurt the families whose new welfare policies are most likely from the rolls and then, not having any they’re supposed to help, a national study at to improve the economic security of recipi- Tufts University pointed out that only 14 ent families. employment opportunities or having ¥ states have welfare policies that are likely Idaho, with a score of 15.5, is the state jobs that barely pay minimum wage, whose new welfare policies are most likely are worse off a year from now, and they to improve the economic conditions of poor families. to worsen the economic conditions of poor no longer have any health care. I read families. from an editorial from the Minnesota Let me read a hard-hitting statement The cornerstone of the newly decentralized Star Tribune entitled ‘‘Life After Wel- by J. Larry Brown, who is director of national welfare system is the TANF Block fare—States Must Ask the Right Ques- the poverty center at Tufts University, Grant. Under TANF, states are given unprec- which I concede has been controversial edented flexibility to create and implement tions.’’ I just quote one relevant sec- customized state welfare programs to help tion. because they have issued reports over families become economically self-sufficient. The federal law requires states to submit the years. They have been at this for Yet the Scale results show that the vast ma- lots of data on the number of clients who re- decades, and they focus a lot on mal- jority of states have adopted policies under ceive benefits and who find jobs, but it is al- nutrition, hunger and poverty, espe- their TANF Block Grants that are likely to most silent on the issue of family well-being cially among children in America. worsen the economic security of poor fami- after clients leave welfare. As federal bu- Sometimes we don’t like what they say lies instead. reaucrats draft new reporting requirements, Forty-two states have adopted policies because it is just unpleasant news. But under their TANF Block Grants that are there’s a danger that Washington and the I think their research is terribly im- governors will define ‘‘success’’ as merely likely to worsen the economic security of cutting caseloads. portant, and I will read from J. Larry poor families. Brown: Eight states (VT, OR, NH, MA, WA, RI, And this is the conclusion of the edi- ME, and CT) have implemented policies torial: The evidence shows that as of now welfare reform is failing, and it is failing badly. The under their TANF Block Grants that are It’s worth remembering that Congress vast majority of states are not developing likely to improve poor families’ economic se- didn’t tackle welfare reform because case- programs to improve the economic cir- curity in comparison to the old welfare sys- loads were rising—they were already falling tem. cumstances of the poor. by 1996. It wasn’t because assistance costs Vermont received the highest score on the were climbing—cash welfare to families has Mr. President, I ask unanimous con- TANF section of the Scale (+7), indicating been stable at less than 2 percent of the fed- sent that an executive summary of the that it has implemented policies under its eral budget since Richard Nixon was in of- Tufts University study be printed in TANF Block Grant that are more likely than fice. It was because welfare was seen as a the RECORD. all other states to improve family economic failed program that fostered other social security. Idaho received the lowest Scale There being no objection, the mate- score for TANF (¥15.5), indicating that its pathologies: idleness, drug use, broken mar- rial was ordered to be printed in the riages and neglected children. Having TANF policies are more likely than those of blamed welfare for these problems, it seems RECORD, as follows: any other state to worsen family economic only fair to find out whether welfare reform [From the Tufts University Center on security. is solving them. Hunger and Poverty, Feb. 1998] The Child Care and Development Fund was created under PRWORA to assist families in ARE STATES IMPROVING THE LIVES OF POOR Again, what I am saying to my col- obtaining child care so that adults could en- leagues is that I think it is terribly im- FAMILIES?—A SCALE MEASURE OF STATE gage in activities eventually leading to self- portant that at least we understand— WELFARE POLICIES supporting employment. According to the and to ask the Secretary of Health and EXECUTIVE SUMMARY Scale, all states except one have adopted Human Services to provide some re- The Tufts Scale measures whether each child care policies which are likely to importing of data as to—what is hap- state is making progress toward increasing prove family economic security compared to their policies under prior law. pening around the country so that we the economic security of poor families under the newly ‘‘devolved’’ welfare system created All states except Wyoming have imple- have some understanding how many of by Congress in 1996. It also compares wheth- mented child care policies in their new state these families have found work, how er each state’s progress toward this goal is welfare programs that are likely to improve many of these families are reaching better or worse than that of other states. Re- family economic security. Six states (CA, MS, NE, PA, RI and VT) re- self-sufficiency. Or are matters worse sults of the study show that: ceived the highest score on the child care The majority of states have created wel- off? What has happened to those par- part of the Scale. ents? And what is happening to these fare programs that ultimately will worsen The Tufts Scale was designed to provide children? the economic circumstances of the poor. early feedback to help evaluate the likely If it is, colleagues, the best-case sce- More than two-thirds of all states (35) have impact of state welfare program inputs on nario, I am all for it. If we pass this implemented state welfare policies that will family economic well-being while the nation make the economic situations of families waits for longer-term measures of their out- amendment and the Secretary provides worse than under the old welfare system. us with some data, assuming she has comes. Each state’s score provides a measure Less than a third of all states (14) have im- of whether that state is using its newly the data—if she can’t pull together plemented state welfare policies that are available flexibility to invest in the eco- data, then we have to figure out what likely to improve poor families’ economic nomic circumstances of poor families. we need to do in order to understand conditions. Concerns have been raised by some critics what is happening in the country—if Overall, more states in the Northeast and of the 1996 welfare reform law that ulti- she provides data that shows us that, Western region received positive scores on mately it will further impede the economic as we look at this reduction of case- the Scale, indicating they have created state viability of poor families. The data reported welfare programs that are more likely to here suggest that these concerns may be well loads by 4 million, that many of these help families achieve economic self-suffi- founded. While a few states have made mothers and many of these children ciency, while more states in the South and choices which can improve the lives of poor are better off, great. Midwest received negative scores, indicating families in their states, most are But if, in fact, we find that people that their new welfare policies are likely to disinvesting in the poor. have been cut off but haven’t found a make self-sufficiency harder to achieve. COMPARING STATES’ OVERALL TUFTS SCALE job, or they find a job that barely pays Of the fourteen states whose new welfare SCORES minimum wage and there is not ade- policies are likely to improve family eco- Table 2 shows overall state scores ranked quate child care and some of their chil- nomic well-being, seven (VT, RI, PA, NH, in descending order (highest to lowest). Re- dren are in harm’s way as a result of ME, CT and MA) are in the Northeast, four calling from Table 1 that the range of pos- (OR, CA, WA, and UT) are in the West, two sible overall scores is ¥38 to +22, it is clear this legislation, then we need to know (IL and MN) in the Midwest, and one (TN) in that no state did as little, or as much, as that as well. Certainly we can’t just the South. could have been done to change the impact follow through on eliminating all as- Of the fourteen states whose new welfare of its welfare programs on the economic se- sistance for all families until we under- policies are likely to worsen family eco- curity of poor families with children. The

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1221 highest overall score of +12 points, received in the economic security of poor families, data as to what the current situation by VT, fell 10 points short of the maximum while two states maintained the status quo is. The whole goal of this bill was to score. The lowest score of ¥15.5 points, re- under prior law. Thirty-five states (including move families from ‘‘welfare’’ to ceived by ID, was also 22.5 points higher than DC) designed welfare programs which are ‘‘workfare,’’ to move families to eco- the minimum. likely to worsen the economic security of poor families. nomic self-sufficiency. That is what we said it was about. TABLE 2.—OVERALL TUFTS SCALE SCORES WITH STATE Mr. WELLSTONE. Mr. President, let RANKINGS I have said to colleagues today on the me cite two other pieces of evidence to floor of the Senate that from articles State Rank Score support this amendment and to explain that are now coming out, looking at to my colleagues why I have been out VT ...... 1 12.0 what is happening around the country, OR ...... 2 7.5 here from the word ‘‘go’’ trying to get we see some evidence that a lot of peo- RI ...... 3 6.5 us to go on record on this question. ple who have been moved off welfare PA ...... 4 4.5 This is a piece from the Milwaukee NH ...... 4 4.6 have not been able to obtain jobs that ME ...... 4 4.5 Journal Sentinel. The title is ‘‘Few CA ...... 4 4.5 pay a decent wage, have not been able WA ...... 8 4.0 Leave Welfare Earning Above Poverty to obtain employment that gets a fam- CT ...... 8 4.0 Level.’’ This is about a study of welfare UT ...... 10 2.5 ily anywhere close to 150 percent of IL ...... 10 2.5 recipients in Wisconsin. poverty—out of poverty. I am saying to MN ...... 12 2.0 Only about 1 in 6 families that left welfare MA ...... 12 2.0 colleagues that Secretary Shalala, who in Milwaukee County in 1996 earned more TN ...... 14 1.5 has been very direct and honest herself, NY ...... 15 0.0 than poverty-level wages. This is in Wis- NE ...... 15 0.0 consin, which has really put an all-out effort has said we need to know more about VA ...... 17 ¥0.5 TX ...... 17 ¥0.5 to invest in this reform. what is happening with these reform MT ...... 19 ¥1.0 Let me read again: efforts. DE ...... 20 ¥1.5 I’m saying to colleagues today that NV ...... 21 ¥2.0 Only about 1 in 6 families that left welfare HI ...... 21 ¥2.0 there have been some pretty hard-hit- CO ...... 21 ¥2.0 in Milwaukee County in 1996 earned more AR ...... 21 ¥2.0 than poverty-level wages in a three-month ting studies that have come out, the AK ...... 25 ¥2.5 period, according to the most conclusive ex- Tufts University study being one, NM ...... 26 ¥3.0 ND ...... 26 ¥3.0 amination yet of what is happening to local which have said that actually it is MI ...... 28 ¥3.5 families under Wisconsin’s sweeping welfare pretty harsh what is happening around MD ...... 28 ¥3.5 initiatives. WV ...... 30 ¥4.0 the country. I’m saying that as I travel WI ...... 30 ¥4.0 It goes on to point out that ‘‘the around the country I have tried to SC ...... 30 ¥4.0 AZ ...... 30 ¥4.0 turnover rate among those workers spend time in low-income commu- SD ...... 34 ¥5.0 was extremely high—in part because nities. I have tried to be with people. I 0K ...... 34 ¥5.0 KY ...... 34 ¥5.0 the jobs were concentrated in indus- have tried to understand what is hap- IN ...... 34 ¥5.0 tries that typically have plenty of pening. I don’t have all the empirical OH ...... 38 ¥6.0 FL ...... 38 ¥6.0 part-time spots and a more transient data, but I am just saying to colleagues NC ...... 40 ¥6.5 work force.’’ what I have observed, and I think I LA ...... 40 ¥6.5 IA ...... 40 ¥6.5 By the first quarter of 1997, welfare recipi- have been honest in my observation. I NJ ...... 43 ¥7.0 ents had left most of the jobs for which they have been in too many communities MO ...... 44 ¥8.0 were hired the previous year. MS ...... 45 ¥9.0 with long waiting lists for affordable AL ...... 45 ¥9.0 So again, let’s just understand that child care for working poor, moderate GA ...... 47 ¥9.5 DC ...... 48 ¥10.0 this is a study that comes out based on income families, and now welfare. KS ...... 49 ¥11.0 what is happening in Milwaukee Coun- Therefore, a lot of these mothers go to WY ...... 50 ¥12.0 ID ...... 51 ¥15.5 ty in Wisconsin, saying one out of six work but there is not adequate child families that left welfare earned more care for their children. Generally, states in the Southern region than poverty level wages—only one out I don’t want to see, nor should any of scored lower than states in the Northeast. of six. Moreover, a lot of the jobs are my colleagues want to see, more chil- Among the fourteen states receiving overall part-time jobs, jobs that people can’t dren put in harm’s way because of ac- scores above zero, seven are in the Northeast count on, and a lot of people had to tion that we have taken. I am saying region (VT, RI, PA, NH, ME, CT and MA), to colleagues that in too many inner- and four are in the Western region (OR, CA, switch from one job to another. WA and UT). Two states in the top fourteen Finally, Mr. President, an article city communities and too many rural are in the Midwestern region (IL and MN), that appeared in the Star Tribune in areas, people have said to me that the and one (TN) is in the South. Of the fourteen my State, ‘‘Parents Face Cuts In Wel- jobs aren’t there, nor is the transpor- states with lowest overall scores, seven are fare Checks.’’ tation available to enable them to get in the Southern region (FL, NC, LA, MS, AL, Hundreds of Minnesotan parents are in to some of the jobs, that they would GA, and DC), four are in the Midwest (OH, danger of having their welfare checks re- work, for themselves and their fami- IA, MO and KS), two in the West (WY and duced starting March 1, the first wave of lies. ID), and one in the Northeast (NJ). penalties meted out under the state’s new I am saying to colleagues that you During the 1996 policy debate over ‘‘devolv- welfare law. ing’’ welfare to the states, leaders in six cannot argue that because there has states were particularly active in efforts to Interestingly, in Hennepin County been a reduction of 4 million recipi- obtain greater state prerogatives. In the about 50 percent of the parents con- ents, that that represents reform if it states of CA, MD, MI, NJ, OH, and WI, gov- verting to the new welfare system are hasn’t led to reduction in poverty. You ernors made welfare reform a major compo- showing up for orientation meetings at can’t say something is working well if nent of their policy agendas 18. All of these work; about 70 percent are showing up what is happening is that many of states except one are doing worse than their in Ramsey County. these families are economically worse peers in terms of promoting the economic se- A lot of these families are in crisis. off and many of these children are not curity of recipient families. With one exception, all these states received scores at or Some don’t plan well—the bus can be better by what we have done. below the median value of ¥3 points, while late, they can’t work out arrangements I am saying to colleagues that I have two (OH and NJ) scored among the worse in for kids. The question is going to be heard enough speeches on the floor of the nation. CA scored among the top four- whether or not we are going to basi- the Senate about children. I have heard teen states with an overall score of +4.5 cally be sanctioning people and cutting enough speeches about the very early points (though several of its newer policies people off, even people who want to years being very important for nur- were not implemented until after October work. turing of a child, very important to fire 1997). Now, summarizing what this amend- up a child’s imagination. I am saying Overall, fourteen states created welfare programs demonstrating greater investment ment says, we call on the Secretary of to colleagues that in a whole lot of Health and Human Services to take a cases these single parents—almost all look at those families who have now women, even with children younger 18 Norris, D.F., and L. Thompson, The Politics of Welfare Reform, SAGE Publications, Thousand been moved off welfare around the than 1—are being told they have to Oaks, CA, 1995. country and to provide us with some leave the home and take a job. We

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1222 CONGRESSIONAL RECORD — SENATE March 3, 1998 don’t know what is happening to those Missouri waiting. It would be fine with Now, I believe that the transfer of 1-year-olds, those 2-year-olds, the 3- me, I say to the Senator from Rhode Is- the 4.3 cents back to the highway trust year-olds and their 4-year-olds. It is land. I await eagerly his response. I fund instead of deficit reduction has our obligation to know what is hap- hope we can reach some agreement on not only made a significantly increased pening to those children. this. amount of money available for trans- I am making a plea to my colleagues. I do have more to say about this portation needs, but it has, I think, put This is, I say to Senator CHAFEE and amendment, but I don’t want to incon- the ‘‘trust’’ back into the highway Senator BAUCUS, a moderate PAUL venience my colleague from Missouri. I trust funds. That is what we ought to WELLSTONE amendment. This is a mod- am pleased to relinquish the floor. be about; that is what we ought to be erate version. All this does is say, The PRESIDING OFFICER. The Sen- telling the people who are paying those please, let’s ask the Secretary of ator has relinquished the floor. taxes. We are recommitting ourselves Health and Human Services to pull to- The Senator from Missouri. to the basic principle and promise that gether some data and make reports to Mr. BOND. Mr. President, I thank the we made, which is that when we pro- us every half a year as to how many of Chair. vide the revenues to the Government these families are reaching economic I say in response to my colleague under the dedicated gas tax money, we self-sufficiency so we have some under- from Minnesota, be careful about rely- are going to use it for roads, bridges, standing of what is going on in the ing on the Tufts study. The officials in highways and transportation when it’s country. charge of public assistance in my State collected. Before I yield the floor—and I am not and other States have pointed out In Missouri, these funds are des- prepared to yield the floor—might I some rather serious flaws in that perately needed. I daresay that I have ask the Senator from Missouri, because study. We all share concerns about as- heard stories from other States where I don’t want to keep him waiting long, suring there is adequate transpor- they understand the importance of but before yielding the floor, might I tation, adequate day care, child care, highway dollars. I came to the floor ask my colleague whether he is here to for people moving from welfare to last week and explained that the de- debate the amendment or intends to in- work, and I am not here to debate that bate over transportation funding and troduce another amendment. amendment. At the appropriate time, policy was not just an academic debate Mr. BOND. Mr. President, I am inter- we will review that amendment. for Missourians. It is about, obviously, ested in knowing when I might have What I wanted to call to the atten- convenience and ease of transpor- the floor. I have a brief statement on tion of my colleagues is the fact that tation. It is about economic growth be- the measure. yesterday my good friend, the distin- cause, in our State, you can see where I will have something to say about guished chairman of the Environment jobs occur. They occur where there are this, but I ask my colleague how long and Public Works Committee, Senator good highways. But most important, he intends to go on. CHAFEE, along with Senator BAUCUS, good highways and bridges are matters Mr. WELLSTONE. Mr. President, if I Senator GRAMM, Senator BYRD and the of life and death in Missouri. Highway understand my colleague from Mis- very distinguished chairman of the fatalities in the State of Missouri in- souri, if he has a statement on the Budget Committee, Senator DOMENICI, creased 13 percent from 1992 to 1995, overall legislation or something else announced agreement on funding levels and many of us in Missouri know some- aside from the amendment, then I want for the highway authorization for the body or several people who have lost to inquire of the Senator from Rhode next 6 years. It will be $171 billion for their lives on highways. And 77 percent Island as to whether or not this amend- highways. of the fatal crashes during this time- ment will be accepted. If it will be ac- Let me explain what that means for frame occurred on two-lane roads. cepted, then we can dispose of it and my State of Missouri. Under the for- Mr. President, it is a simple matter. move on. mula that was passed out of the com- When you have heavy traffic on two- If the Senator from Missouri means mittee as a committee amendment lane roads, you have traffic delays, he has another point of view and wants today, Missouri would receive $3.6 bil- somebody gets anxious and pulls out to to speak on this amendment, I am glad lion—that is billion dollars—compared pass, and if there is a hill, if there is a to yield the floor and then come back to $2.4 billion that Missouri received curve, or if there is an unseen hidden and respond to some of his arguments. over the last 6 years of the 1991 trans- spot in the road, a head-on crash oc- I am not quite sure what he has in portation bill. Missouri’s average allo- curs. That has happened too many mind. cation per year would be around $600 times, and it happens because the two- Mr. CHAFEE. Mr. President, it is my million, as opposed to the $400 million lane roads that we are driving on are understanding the Senator from Mis- the State was receiving under the old. carrying traffic that everybody agrees souri is going to speak on the under- That is tremendous progress. I am should be carried on four-lane roads. lying bill. Is that correct? deeply indebted to the leadership of our This is why I say it is a matter of life Mr. BOND. Mr. President, I am pre- committee and particularly to the and death. pared to address the finance amend- budget chairman for making these dol- In Missouri, 62 percent of the roads ment that we reported out today and lars available. This is vitally impor- on the National Highway System, when that will be brought up for debate, we tant. Everybody in this Chamber you exclude the Interstate System, are hope, perhaps later today or tomorrow knows how important funding for two-lane roads—two-lane roads that under the unanimous consent agree- transportation is. are supposed to be part of our National ment. I wanted to speak briefly about I was not a cosponsor of the Byrd- Highway System. We are in the top 10, that. Gramm amendment, but I have always in terms of highway count, in the num- Mr. WELLSTONE. Might I ask the made clear and reiterated my support ber of cars traveling those roads. Many leader as to whether or not he has any that highway money and transpor- of those National Highway System additional information as to how he tation money should go for highways. roads don’t even have shoulders on wants to proceed? In Missouri and across the country, them. So if somebody comes across the Mr. CHAFEE. What I suggest, Mr. when people go to the gas pump, buy line and you are passing a large truck, President, is that the Senator from gas and pay a tax, they think it is if you move too far to the right, you Missouri is not going to be very long. going to the highway trust fund. They are off on the shoulder, and that can be We will be in 45 minutes anyway, or think it is going for transportation deadly. more, before we recess. So I suggest if purposes. And that is a reasonable as- In addition, my State of Missouri has we could just let the Senator from Mis- sumption, except that in this body we the oldest—I repeat, the oldest— souri go ahead, and then I have some have divorced the revenue from the bridges in the country. There are a comments I will direct to the Senator spending stream and in the past we number of things that we like to be No. from Minnesota. That is my sugges- have had that money siphoned off to 1 in, but having the oldest bridges and tion. cover overspending elsewhere. In the some of the worst conditions in the Mr. WELLSTONE. Mr. President, I 1993 major tax increase, a 4.3-cent tax country is not one of them. This is a don’t want to keep my colleague from was levied for deficit reduction. dubious distinction. We are sixth from

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1223 the bottom in the condition of our our States, that I have for my State of GOLDEN GAVEL AWARDED TO bridges. These are the reasons that the Missouri, but, most important, that we SENATOR PAT ROBERTS highway funding formula and the all must have for our national trans- Mr. LOTT. Mr. President, since the transportation bill is so vitally impor- portation policy. 1960s, the Senate has recognized those tant in my State. The potential fund- Again, my thanks to the leadership dedicated Members who preside over ing that this bill provides is a huge and my congratulations for the great the Senate for 100 hours with the Gold- step in the right direction to save lives staff work. We look forward to working en Gavel Award. Today, we add to the on Missouri’s highways, roads, and on it. It will be an interesting debate. list of Golden Gavel recipients the cur- bridges. Last week, I told the story of I thank the Chair. rent Presiding Officer, Senator PAT driving across some of the bridges in ROBERTS of the great State of Kansas, Mr. CHAFEE. Mr. President, I want our State where you can look down and whose presiding hours now total over to thank the distinguished Senator see the water. That is not reassuring. 100 hours, effective as of today. from Missouri for those kind com- They don’t design them as ‘‘see- I want to say this, too: I have found ments. We have worked closely to- through’’ bridges. Years and years of that, as Presiding Officer, Senator gether, and he has been a valuable decay have opened up gaping holes, ROBERTS is reliable and enthusiastic. member of the committee, not only on which is a frightening prospect when He maintains order, sometimes run- highway matters, but in other matters you are crossing the Missouri River or ning the majority leader from the floor likewise. We look forward to his vig- the Mississippi River. of the Senate Chamber if he insists on orous support as we move forward with I urge my colleagues to work through talking when not properly recognized. this legislation. the budget and the appropriations He maintains order with a firm hand, process to determine that we will make Now, the Senator from Minnesota, I but, most importantly, he is consist- the real funding commitment and that believe, has matters to discuss. ently willing to come to the Chamber we will meet that funding commitment The PRESIDING OFFICER. The Sen- and preside over the activities here in that we put forward in this bill. ator from Minnesota is recognized. this Chamber. He is able to handle When I began this process, when I problems that arise in an appropriate started work on it, I had two primary Mr. WELLSTONE. Mr. President, let me also associate myself with the re- way and without hesitation. So it is goals. One was for the transportation with sincere appreciation that I an- bill to increase the overall size of the marks of the Senator from Missouri. I think all of us owe a debt of gratitude nounce the newest recipient of the pie for highways, and getting that 4.3 Golden Gavel Award, Senator PAT ROB- cents in is vitally important. Secondly, to our colleagues, Senator CHAFEE and Senator BAUCUS, for their determina- ERTS of Kansas. Missouri, as one of the donor States, I have already determined that when needed to get its share up. I believe tion and doggedness in getting this bill on the floor. This is a very important we have moments of really important these two conditions are met. legislation, and when rulings of the You may recall last fall when filibus- piece of legislation, I think, for all of our States. Chair are going to be necessary and ters held up the bill I crafted a bipar- need to be made rather quickly so we Mr. President, I think the Senator tisan interim solution that enabled can complete the business of the day, from Rhode Island, in a moment or highway funding to continue through we have a new suspect that can assume two, has some questions he wants to May 1 of this year, which means, as the the position as Presiding Officer, Sen- put to me. While I am waiting for that, distinguished occupant of the chair ator ROBERTS of Kansas. Thank you let me just, for my colleagues’ infor- knows, we will be the bedeviled by very much for the job you have done in mation, give the official poverty level those orange and white barrels this helping us to preside and keep the income for a family of one woman and year. They will be springing up on our Chamber in order. highways like the summer road flowers two children. It is $12,516. And 150 per- [Applause.] along the highways. They are going to cent is $18,774. The PRESIDING OFFICER. The Pre- be blossoming. I am pleased to be caus- This amendment, everybody should siding Officer observes that under the ing those headaches. But we need to understand, doesn’t dictate anything. Senate rules the Presiding Officer can- continue the orange and white barrels; It doesn’t say that every family of not participate in debate or comment we need to continue that construction. three ought to be able to make that in- from the dais. Should that rule not be I know the funding debates are far come of $18,000. It doesn’t mandate in effect, the Presiding Officer would from over. As I mentioned last Friday, anything; it doesn’t dictate anything. publicly state his thanks to the major- there are reasonable people who have It simply says—look, I think people ity leader for the kind comments. But passionate differences, and there is trust me, and I have traveled the coun- that is not permitted under the rules. nothing like a highway funding fight to try, and I am telling you that some of The Presiding Officer is unclear about bring out those differences. We hope what is going on—I am not pointing the majority leader’s intent. Does the that it is merely a matter of verbal de- the finger at any particular point, al- majority leader intend to introduce bate. But when it comes to highway though it is uneven. It is harsher in that in the form of a resolution, or funding, these differences have been some States than in others, but we do does he intend that it be simply made visible and audible. I want to express need to understand exactly what is part of the RECORD? again my sincerest thanks to Senator going on, whether or not these families Mr. LOTT. I think it would be appro- CHAFEE, Senator BAUCUS, and Senator are able to find jobs and whether or not priate just to be made part of the WARNER, for their leadership in work- these are jobs with decent wages, and RECORD. I appreciate the ruling of the ing with committee members to avoid what is going on with their children. Chair on this matter, which I did not the ‘‘guerrilla warfare’’ that has been We need for the Secretary to kind of ask a question about. Thank you. known to erupt on the highway bill in bring together some data and present I yield the floor. the past. I told the committee that I reports to us so we have knowledge Mr. WELLSTONE addressed the thought the leadership had achieved a about this. Chair. rough system of justice that would The PRESIDING OFFICER. The Sen- I see the majority leader on the floor. make it possible for us to move this ator from Minnesota. I would be happy to yield to the major- bill forward. Mr. WELLSTONE. Mr. President, I ity leader. Then if my colleague has Nobody is going to get everything will add a half minute to what the ma- questions he wants to put to me, I that they want, but I believe that rea- jority leader said. I think one of the would be pleased to respond. sonable compromises have been made, most important things that the Sen- and there may still be more made. We The PRESIDING OFFICER. The ma- ator from Kansas does—and I mean need to get this bill moving. I look for- jority leader is recognized. this—is that, regardless of whether or ward to working with the members of Mr. LOTT. Mr. President, I thank the not he is in agreement with you, he is the committee and my other col- Senator from Minnesota for yielding looking at you. A lot of the times that leagues throughout this process to me this moment of time. It won’t be doesn’t happen. It means a lot when achieve the goals that we all have for long. you have somebody presiding who has

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1224 CONGRESSIONAL RECORD — SENATE March 3, 1998 the graciousness to be looking at you unacceptable level of hardship on poor Mr. BINGAMAN. Mr. President, I ask with respect and to be listening to the Americans, particularly children. Cur- unanimous consent that the order for debate. He always does that. I can rent law contains data collection re- the quorum call be rescinded. never tell whether he is in agreement quirements with respect to the impact The PRESIDING OFFICER (Mr. SES- or disagreement. That means a lot to of the changes in welfare law, and as SIONS). Without objection, it is so or- me. I suspect that he is usually in Chairman of the Appropriations Sub- dered. agreement with me, but I am not so committee which funds the Depart- Mr. BINGAMAN. Mr. President, I ask sure. ment of Health and Human Services, I unanimous consent that I be allowed to f was pleased to provide $26 million for speak for up to 10 minutes. Fiscal Year 1998 for the Department to The PRESIDING OFFICER. Without INTERMODAL SURFACE TRANS- undertake the kinds of research and objection, it is so ordered. PORTATION EFFICIENCY ACT OF analysis we need to determine the true Mr. BINGAMAN. Mr. President, I 1997 impact of the 1996 law. Further, as want to discuss a very important mat- The Senate continued with the con- Chairman, I will continue to monitor ter relating to the safety of our Na- sideration of the bill. closely the Department’s performance tion’s highways and streets, and that is AMENDMENT NO. 1679 in administering the new welfare re- DWI-related injuries and fatalities. To Mr. WELLSTONE. Mr. President, I gime. If Senator WELLSTONE offers this use more common parlance, drunk might ask the Senator from Rhode Is- amendment on an appropriate bill, I driving. This is a problem that, in spite land if he has any questions. He said he will likely support it. of many prevention efforts, remains a wanted to ask some questions of me. The PRESIDING OFFICER. Is there very serious concern in our country. I yield the floor. further debate on the amendment? The statistics are compelling. For ex- Mr. CHAFEE. Mr. President, I would Mr. CHAFEE. Mr. President, I note ample, on Thanksgiving, Christmas, like to direct, if I might, a couple of that this is a piece of legislation that New Year’s Eve and New Year’s Day questions to the Senator from Min- would direct the Secretary to develop a 1996, those 4 days combined, there were nesota. plan. In other words, as I read page 2 576 DWI-related fatalities on our Na- I have looked over this amendment, here, it says the Secretary shall de- tion’s highways. In that same year, and it’s an amendment, obviously, that velop a plan, to the extent possible 1996, nearly 1.1 million people were in- is in the jurisdiction of the Finance based on all available information, and jured in alcohol-related crashes. Committee, as the Senator from Min- so forth. Motor vehicle crashes are the leading nesota has indicated. And the amend- What I would like to do, Mr. Presi- cause of death for 15- to 20-year-olds. I ment has just been introduced, so, ob- dent, is hear from our people on the Fi- think that statistic alone should get viously, there have been no hearings nance Committee, which should be the attention of the U.S. Senate and before the Finance Committee, and it’s very shortly, and I will then see that the Congress of this country. Motor ve- not a matter that has previously been the Senator from Minnesota has every hicle crashes are the leading cause of considered by the Finance Committee, opportunity to bring this to a vote, death for 15- to 20-year-olds throughout if I understand this correctly. I ask the should he wish to, this afternoon. We this country. About 3 in 10 Americans Senator from Minnesota if that is accu- will work it out. He is not going to be will be involved in an alcohol-related rate. blocked in any fashion. But I would crash at some time in their lives. Alco- Mr. WELLSTONE. Mr. President, like to hear, and it may well be that we hol-related crashes cost society $45 bil- that is accurate. Since we are not in can accept the amendment, and that lion annually, and to make matters court, and the Senator from Rhode Is- would save us all some time. worse, the loss of quality of life and land is always gracious, let me go be- We are now just trying to check with pain and suffering costs are estimated yond the ‘‘yes or no’’ answer. It is not the Finance Committee. It may be well to total over $134 billion annually. at all clear that there will be nec- that something from the Labor Com- My home State of New Mexico is not essarily a welfare bill from the Finance mittee is involved likewise, although it exempt from these problems. In fact, Committee or a bill that I can raise seems to me that this is pretty much a the National Traffic Safety Adminis- this question on. We now have a vehi- Finance Committee matter. When we tration reports that my State of New cle out here on the floor. My feeling get back, after our luncheon recess has Mexico leads the country in DWI-re- was that, since this amendment calls concluded, I will speak to the Senator lated deaths per capita. The rate in for nothing more than just to ask the from Minnesota, and we will then be New Mexico is 11.79 deaths per 100,000 Secretary of Health and Human Serv- able to go from there. people. This rate is 19 percent higher ices to provide data and analysis to us, Mr. WELLSTONE addressed the than the No. 2 State, which is Mis- based upon what data she has as to Chair. sissippi, and it is more than twice the what is going on with welfare reform, The PRESIDING OFFICER. The Sen- national rate, which is merely 5.05 it doesn’t seem to me that this really ator from Minnesota. deaths per 100,000 people. needs a hearing. It is pretty clear and Mr. WELLSTONE. Mr. President, I Indeed, these statistics paint a very straightforward and, I think, pretty thank the Senator from Rhode Island. I grim picture. What makes the picture noncontroversial. say to him that I will bring the amend- even more tragic, Mr. President, is Mr. SPECTER. Mr. President, I am ment to the floor in good faith with that DWI-related injuries and fatalities voting against Senator WELLSTONE’s some sense of urgency, because I think are preventable. It clearly is within our amendment because I think it is inap- it is important that we know what is national interest to do what we can to propriate to place it on the pending happening in this matter. I take the reverse this statistic. One obvious way bill, the Intermodal Surface Transpor- Senator at his word. I am pleased that to prevent further deaths is to ensure tation Efficiency Act. we will proceed this way. I say to my the sobriety of drivers. That is why I I do believe it is a good idea to have colleague that I hope there will be sup- am proud to cosponsor the bill that the Secretary of Health and Human port for it. That is, of course, the whole Senators LAUTENBERG and DEWINE Services obtain information from the purpose of my effort. If there should be have introduced to establish a national States as to the impact of the welfare some disagreement, then I would want, blood-alcohol content standard of .08. reform law on current and former re- of course, the opportunity to respond Additionally, I am cosponsoring Sen- cipients of federal aid, but this critical to whatever other positions are taken ator DORGAN’s bill to prohibit open transportation bill should be moved as on this amendment. containers of alcohol in automobiles. I expeditiously as possible to get high- I thank the Chair. I yield the floor. urge my colleagues to help pass these way, transit, and safety funding mov- Mr. CHAFEE. Mr. President, I sug- bills this year. ing to the States and our communities gest the absence of a quorum. Another contributing factor to the as rapidly as possible. The PRESIDING OFFICER. The problem that I believe would make a When the 1996 welfare reform law was clerk will call the roll. significant difference in eliminating considered, I noted that only time will The bill clerk proceeded to call the the problem is the practice of selling tell if that legislation resulted in an roll. alcoholic beverages through drive-up

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1225 sales windows. This practice only the characteristics and the arrest cir- The PRESIDING OFFICER. The Sen- makes it more easy for a drunk driver cumstances of DWI offenders who ator is correct. to purchase alcohol and contributes bought alcohol at drive-up liquor win- Mr. CHAFEE. I ask unanimous con- heavily to the DWI fatality rate in my dows compared to those who obtained sent to set aside the Wellstone amend- home State and throughout the coun- it elsewhere. Nearly 70 percent of the ment for the consideration of a McCain try. Eliminating these drive-up liquor offenders studied reported having pur- amendment. windows is essential to reducing these chased the alcohol that they drank The PRESIDING OFFICER. Without injuries and fatalities. prior to arrest. Of those offenders, 42 objection, it is so ordered. Tomorrow I will introduce legislation percent bought packaged liquor, and AMENDMENT NO. 1680 TO AMENDMENT NO. 1676 entitled the ‘‘Drunk Driving Casualty the drive-up window was the preferred (Purpose: To deal with matters under the ju- Prevention Act of 1998’’ to prohibit the place of purchase. risdiction of the Committee on Commerce, sale of alcohol through drive-up sales The study showed that drive-up win- Science, and Transportation) windows. I hope to have some cospon- dow users were 68 percent more likely Mr. MCCAIN. Mr. President, I send an sors for that provision at that time. to have a serious alcohol problem than amendment to the desk and ask for its Mr. President, this ban will make a other offenders. Drive-up window users immediate consideration. difference. According to one study, also are 67 percent more likely to be The PRESIDING OFFICER. The there are 26 States that do not permit drinking in their vehicle prior to arrest clerk will report. drive-up windows. In 1996, these States than other offenders are. The legislative clerk read as follows: Mr. President, we have had one sort had, as a combined effort, a 15-percent The Senator from Arizona [Mr. MCCAIN], of test case in New Mexico, and that is lower average drunk driving fatality for himself and Mr. HOLLINGS, proposes an in McKinley County. It was one county rate than the 24 States that permit amendment numbered 1680. in our State that had a terrible prob- sales through drive-up windows. Mr. MCCAIN. Mr. President, I ask lem with DWI and petitioned our legis- In the States with the ban, the aver- unanimous consent that reading of the lature for permission to close the win- age rate was 4.6 for 100,000 people as op- amendment be dispensed with. dows in that county, the drive-up win- posed to 5.46 in all other States. On a The PRESIDING OFFICER. Without dows. They did close those windows. percentage basis, States with a ban had objection, it is so ordered. Businesses in that community did not a 14.5 percent lower drunk driving fa- (The text of the amendment is print- see their profits cut in two—the liquor tality rate than States that permit ed in today’s RECORD under ‘‘Amend- businesses. In fact, they saw their prof- ments Submitted.’’) sales through windows. its jump. The DWI prevention strategy In 1996, comparing 19 Western States Mr. MCCAIN. Mr. President, first of that was employed in McKinley County in particular, the nine States that have all, I thank Senator CHAFEE for all of reduced the fatality rate from 272 per his efforts on this ISTEA issue. He has a ban in place had a 31 percent lower 100,000 in 1989 to 183 per 100,000 in 1997. done a remarkable job. He is a remark- average drunk driving fatality rate Mr. President, I believe we have a able man. I had the privilege of work- than the States that permit sales. great opportunity here to reduce DWI In 1995, there were 231 drunk driving injuries and fatalities. I plan to offer ing for him when he was Secretary of fatalities in my home State of New this amendment to the ISTEA legisla- the Navy, and he sometimes felt he Mexico. Based on the 14 percent lower tion tomorrow or later this week. I didn’t provide me with enough leader- drunk driving fatality rate, it is esti- urge my colleagues to join me in co- ship at that time. But I am grateful for mated that closing drive-up liquor win- sponsoring that legislation. everything that he has done, and I’m dows could have saved between 32 and Mr. President, I yield the floor and especially grateful for his leadership on 35 lives in that year in my State. No- suggest the absence of a quorum. this very, very important issue to our where is it more true that if we can The PRESIDING OFFICER. Will the Governors, our mayors, our county su- save one life by closing these windows, Senator withhold suggesting the ab- pervisors, and our city councils. we need to do that. sence of a quorum? I say to my friend from Rhode Island, The difference can be explained be- Mr. BINGAMAN. I do withhold. about 50 county supervisors from my cause there are three main benefits f State were in yesterday, and this issue that accrue when you close drive-up dominated their conversation. I am liquor windows. RECESS grateful that he has been able to work First, once the windows are closed, it The PRESIDING OFFICER. Under through this. So the small amount that is easier and more accurate to check the previous order, the hour of 12:30 we are responsible for in the Commerce the identification when the customers having arrived, the Senate now stands Committee, I hope, adds to this bill and have to purchase their liquor over the in recess. helps us to move forward as rapidly as counter. Minors have testified that it Thereupon, at 12:34 p.m., the Senate possible. is very easy to illegally purchase alco- recessed until 2:15; whereupon, the Sen- This amendment contains the pro- hol at a drive-up window where it is ate reassembled when called to order posal of the Committee on Commerce, difficult to determine their age. by the Presiding Officer (Mr. COATS). Science, and Transportation to reau- A second benefit is that it is easier to The PRESIDING OFFICER. In my thorize ISTEA programs through fiscal visually observe a customer for clues capacity as a Senator from the State of year 2003. that that customer is impaired by alco- Indiana, I suggest the absence of a The amendment seeks to reauthorize hol or other substances if they have to quorum. the National Highway Traffic Safety walk into a well-lighted establishment The PRESIDING OFFICER. The Administration [NHTSA] State safety clerk will call the roll. to make their purchase. grant programs, the Motor Carrier The legislative clerk proceeded to In one municipal court in New Mex- State Assistance program, and the Haz- call the roll. ico, 33 percent of the DWI offenders re- Mr. CHAFEE. Mr. President, I ask ardous Materials Transportation Safe- ported having purchased their liquor at unanimous consent that the order for ty Enforcement programs. drive-up windows. Some members of the quorum call be rescinded. The amendment also authorizes new Alcoholics Anonymous say they now The PRESIDING OFFICER. Without and innovative safety initiatives at the realize they could have known each objection, it is so ordered. Department of Transportation, includ- other years earlier if they only looked ing programs focusing on performance- f in their rearview mirror while waiting based safety standards and advanced in line at the drive-up window to buy INTERMODAL SURFACE TRANS- information data analysis. their liquor. PORTATION EFFICIENCY ACT OF The amendment is designed to im- And third, it sends a clear message to 1997 prove travel safety on our Nation’s the population that drinking and driv- The Senate continued with the con- roads and waterways, promote the safe ing will not be allowed to mix. sideration of the bill. shipment of hazardous materials, pro- The Behavior Health Research Center Mr. CHAFEE. Mr. President, the tect underground pipelines and tele- of the Southwest conducted a study, pending business, as I understand it, is communications cables from exca- the purpose of which was to determine the Wellstone amendment. vation damage, and ensure that our

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1226 CONGRESSIONAL RECORD — SENATE March 3, 1998 Nation’s commercial motor vehicle amendments incorporate exemptions I want to say, Mr. President, that fleet is well maintained and safely op- for three industries. Senator KEMPTHORNE saw that this erated. When these three amendments were issue entailed enormous tragedies. I Mr. President, this is a bipartisan debated in the Commerce Committee, I don’t know how one could see an infant product. It incorporates many of the pledged that I would work with the being decapitated without being deeply proposals requested in the administra- sponsor to craft a safe alternative to moved. Unfortunately, it wasn’t a sin- tion’s ISTEA reauthorization submis- the exemptions. These efforts have not gle incident. There have been numer- sion. The committee product also in- succeeded yet, and I want to inform my ous fatalities of children. I think Sen- cludes a number of new transportation colleagues that there will be some pro- ator KEMPTHORNE’s amendment which safety proposals. posals in the next hours or days to he will be proposing will be shortly Senator HOLLINGS and I have worked alter those exemptions. forthcoming. to accommodate as many Members’ re- Finally, I want to thank Senator Mr. President, pending the appear- quests and concerns as possible, but HOLLINGS and the other members of the ance of Senator KEMPTHORNE, I yield there are some outstanding questions. Commerce Committee who worked so the floor. One of the more difficult areas we long and hard to get to the Senate Mr. HOLLINGS. Mr. President, I am faced concerned the many requests we Floor today with this amendment. pleased to offer along with Commerce received to provide statutory exemp- I urge my colleagues to adopt this Committee Chairman, Senator MCCAIN, tions for one industry or another from critical and comprehensive amend- the Commerce Committee amendment certain motor carrier safety rules. Ex- ment. to S. 1173, the International Surface emptions were sought from hours-of- Mr. President, before yielding the Transportation Efficiency Act service regulations and commercial floor I want to comment briefly on the (ISTEA). driver’s license requirements. These re- issue of airbags. Last year a com- Mr. President, the Commerce Com- quests are not new. We face them every promise was reached on language to be mittee has worked together, in a true time Congress considers legislation af- inserted in the ISTEA legislation. showing of bipartisanship, to craft this fecting Federal motor carrier safety I want to thank Senator KEMPTHORNE amendment. In this amendment the regulations. for his leadership on this issue. He has Committee has developed proposals to Senator HOLLINGS and I worked dili- done the nation a great service by lead- improve travel safety on our nation’s gently to avoid any statutory exemp- ing the effort to ensure that airbags roads and waterways, promote the safe tions or regulation carve outs for sin- will not pose a risk to infants. shipment of hazardous material, ad- gle industries but to ensure there is a We are all aware of the tragic acci- vance pipeline transportation safety, fair process by which all requests can dent in Idaho last year where an infant and ensure that our nation’s commer- be considered appropriately. was decapitated by an airbag and of the cial motor vehicle fleet is well main- Let me be clear. I agree that under other infants and children whose lives tained and operated. This is not to say certain circumstances, exemptions have been taken. Senator KEMPTHORNE that we have left all of our policy dis- from regulations may make sense. For feels this issue personally and deeply agreements behind us with this amend- example, I believe it’s appropriate to and this amendment will help us ad- ment. There are several that remain to acknowledge the special transportation dress this very serious problem. be resolved and we are still attempting time constraints of farmers during the I would also like to thank Senator to resolve those issues. But on balance planting and harvesting seasons, and HOLLINGS, and Senators BRYAN, GOR- we have an amendment with which we that we should recognize the need to TON, ABRAHAM, ASHCROFT, and others all may be proud. I will take a few min- permit infrastructure maintenance and without whose involvement and help utes to outline the amendment’s more repair to operate during weather emer- this compromise would not be possible. important provisions. gencies. I also thank the Secretary of Trans- The amendment reauthorizes various But blanket exemptions and whole- portation and the head of the National grant programs administered by the sale legislative carve outs for selected Highway Transportation Safety Ad- National Highway Traffic Safety Ad- businesses and enterprises can weaken ministration. ministration (NHTSA), designed to im- safety. The answer is a fair and cred- I will submit a more detailed state- prove road safety. The amendment re- ible administrative process. ment on this issue later, but I would authorizes grants to develop counter- The Secretary of Transportation cur- like to quickly summarize what’s hap- measures to alcohol-impaired driving. rently has the authority to grant ex- pening. This amendment deletes the Two new grant programs are also cre- emptions. However, the authority is airbag provision in the pending meas- ated. One encourages States to provide relatively meaningless because prior to ure and replaces it with an alternative for the primary enforcement of seat granting a waiver or exemption, it that codifies the current rule sus- belt laws. The second encourages states must first be proven the exemption pending the unbelted crash barrier test to improve the quality of their high- would not diminish safety. That’s an and requires the Secretary to begin way safety data. appropriate consideration, but how can rulemaking on advanced airbags that The amendment reauthorizes funding DOT assess an exemption’s safety risk are more protective of infants, children and strengthens the programs to en- if it can’t first test the concept on a and other occupants no later than June sure the safe transportation of haz- limited pilot basis? 1, 1998. ardous materials. It expands hazardous In an attempt to address this prob- The Secretary would complete the materials training access by allowing lem and recognize the Secretary should rulemaking next year and the rule will states to use a portion of these grants be permitted to examine innovative ap- include a phase-in of advanced airbags to assist in training small businesses in proaches or alternatives to certain beginning with model year 2001 and complying with regulations. We also rules, Senator HOLLINGS and I have completed by no later than model year strengthen enforcement by giving the worked to define a process whereby the 2005. Secretary of Transportation the au- Secretary may more appropriately The pace of the phase-in shall be de- thority to issue emergency orders when grant waivers and exemptions. This termined by the Secretary and shall be it is determined that an unsafe condi- legislation would also authorize the as rapid as practicable, but does permit tion poses an imminent hazard. Secretary to carry out pilot programs the Secretary to postpone benchmark The amendment also reauthorizes the to test the affects of limited regulatory dates by one year with cause. Any fur- Motor Carrier Safety Assistance Pro- exemptions. I believe this pilot ap- ther delays would require an Act of gram (MCSAP) which provides funding proach is reasonable and could be car- Congress. to the states for commercial driver and ried out in a structured manner that Again, I thank all Members who were vehicle safety inspections, traffic en- does not impose a risk on public safety. a part of this effort. I believe it will forcement, compliance reviews, and The committee’s amendment in- contribute significantly to traffic safe- safety data collection. Moreover, the cludes three amendments adopted by ty and I will submit a more detailed amendment removes many of the pro- voice vote when the Committee consid- statement for the RECORD at a later gram’s prescriptive requirements in ered the safety amendment. The three time. favor of a performance based approach.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1227 The Secretary will have the authority There are generic provisions that terms of contract authority into this to order unsafe carriers to cease oper- provide for pilot projects which I think legislation that we are processing. This ations. We also authorize additional is appropriate. And, as the Senator has is no inconsiderable accomplishment. I funds to ensure the timely and accu- pointed out, a commitment was made recognize that leadership effort lasted rate exchange of important carrier and during the markup to try to work out for a number of months. It involved driver safety records. some of the concerns that have been Senators PHIL GRAMM, Senator BYRD, Perhaps most importantly, we pro- voiced by some of our colleagues who and others. But this is a very impor- vide the Secretary with the authority want these wider exceptions in airbags. tant thing. It is bipartisan. I am to establish pilot programs and grant Unfortunately, as the Senator from Ar- pleased to support that effort. waivers of regulations to motor car- izona has pointed out, we have not yet There are many Federal programs riers. If carriers can show that an al- reached an agreement on those areas. that provide important services to the ternative approach to regulation will But I want to work with him, and I States. But, as a former Governor, I aid safety and be less burdensome, the pledge my support in trying to fashion can tell you that there is no Federal Secretary can authorize such an alter- a compromise that does not emasculate program that is more important than native. Regulation can be tailored to the safety provisions and give blanket the highway program. specific circumstances rather than exceptions and waivers under the pro- In addition, the funding mechanism ‘‘one-size-fits-all’’ regulation. visions of the amendment which is cur- for Federal transportation funding— In the area of rail and mass transpor- rently part of the amendment which the gas tax—creates an even great and tation safety as requested by the Ad- has been proffered. moral and ethical obligation for us to ministration we provide for criminal Let me also acknowledge and com- do our work, and to provide a long- sanctions in cases of violent attacks pliment the chairman on his leadership term reauthorization of ISTEA. against railroads, their employees, and in bringing those of us together who The mechanism that my colleague passengers. The amendment also ex- have worked for many years on the air- has chosen in putting this compromise tends the basic Wallop-Breaux Aquatic bag legislation. That legislation has its together; namely, using the highway Resources Trust Fund for boating safe- genesis in the 1991 ISTEA markup, at component of the additional 4.3 cent ty and reauthorizes the Clean Vessel which time the senior Senator from gas tax to provide this additional con- Act, allocating $10 million annually for Washington and I worked to incor- tract authority, I think is particularly state marine sanitation device projects porate those airbag provisions into the appropriate and very sound and a sen- and $10 million annually for state boat- legislation. We recognize, as do all sible means to provide that enhanced ing infrastructure projects. Members, that the unexpected infant contract authority. As I noted earlier, not all of our pol- fatality count as a result of by and Although Nevada is still small by the icy disagreements have been solved. I large the inappropriate placement of national standard, in the last decade continue to be concerned about three infant seats has caused the problem we have experienced the most rapid provisions which seem to undermine that we want to respond to. I believe, growth rate of any State in the Nation. our efforts to achieve safer highways. under Senator MCCAIN’s leadership, he Although there are still plenty of These provisions would allow exemp- brought a group of us together, and sparsely populated, wide-open spaces, tions from federal regulations for util- through several sessions we have we have also become the most heavily ity drivers and those engaged in agri- worked out a compromise that is part urbanized State. While in many re- business. Specifically, the federal of this legislation. I am pleased to en- spects this tremendous growth has hours of service act which governs how dorse it. been a positive development, the long a driver may drive in any one day, So I look forward to working with growth has brought with it a host of in- the hazardous materials transportation the distinguished Senator from Arizona frastructure demands that we are cur- requirement that ensures that emer- as we process this part of the highway rently struggling to meet. gency response teams have the nec- legislation. Perhaps the greatest current need in essary information to combat a hazard I yield the floor. Nevada is highway improvements. Our material incident, and the Commercial Mr. MCCAIN addressed the Chair. Driver’s License (CDL) requirements The PRESIDING OFFICER. The Sen- limited interstate system and other are waived under these provisions. ator from Arizona. Federal highways were largely designed in the 1950s and early 1960s when I think these exemption provisions Mr. MCCAIN. Mr. President, I ask ‘‘go the wrong way’’ on safety. Indeed, unanimous consent the amendment be Nevada was a far different place than it the provisions are also unnecessary considered as original text for the pur- is today. Despite a tremendous effort given the other provision that allows poses of amendment. by State and local governments over DOT to develop safe pilot programs and The PRESIDING OFFICER. Is there the past decade, nearly every one of waivers for individuals, companies, and objection? Without objection, it is so the major arteries is currently oper- industries. I would like these provi- ordered. ating far beyond its capacity, and there sions modified and I remain hopeful Mr. BRYAN addressed the Chair. is no end in sight to the increased de- that we can work out these issues. The PRESIDING OFFICER. The Sen- mand. With that caveat I believe that the ator from Nevada is recognized. We need more capacity on our high- Commerce Committee has under the Mr. BRYAN. Mr. President, I thank ways, and the Federal Highway Pro- leadership of Senator MCCAIN, given us the Chair. gram is a major partner in that effort. an ISTEA amendment that we all can Mr. President, I ask unanimous con- The highway needs of Nevada are even support and I commend it to the Sen- sent to speak as if in morning business more acute when viewed in the context ate. for approximately 7 minutes. It is rel- of our State’s heavy dependency upon Mr. BRYAN addressed the Chair. evant to the bill but not to the amend- our largest industry, which is tourism. The PRESIDING OFFICER. The Sen- ment. Despite our increased reliance on air ator from Nevada. The PRESIDING OFFICER. Without travel, highways, particularly roads Mr. BRYAN. I thank the Chair. objection, it is so ordered. The Senator that connect us to our major markets Mr. President, let me just express my is recognized to speak as if in morning in California, are the key to Nevada’s appreciation to the distinguished business for up to 10 minutes. commerce. Some of these major arte- chairman of the committee for the Mr. BRYAN. I thank the Chair. ries, particularly I–15, Las Vegas’ leadership which he has provided us Mr. President, I want to preface my major connection to southern Cali- and for the bipartisan approach he has remarks by thanking the leadership on fornia, operate so far beyond capacity taken in crafting the amendment both sides of the political aisle, the that they threaten to become an im- which is before us. I would like to asso- able and distinguished chairman, Sen- pediment to Nevada’s incredible eco- ciate myself with his comments and ator CHAFEE, as well as the able and nomic success story. observations with respect to the so- distinguished ranking member, Sen- In fact, one of the most important called ‘‘industry exceptions’’ in airbag ator BAUCUS, for an agreement which demonstration projects the Nevada del- provisions. has put an additional $26 billion in egation is pressing for in the pending

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1228 CONGRESSIONAL RECORD — SENATE March 3, 1998 legislation is a project outside our bor- State and local governments that local Johnson Act of 1950, the Wallop-Breaux ders, and that is the widening of Inter- governments must do their fair share. Amendments of 1984, the Wetlands Res- state 15 in California from Barstow to In Nevada, State and local govern- toration Act of 1990, and the Clean Ves- Victorville. The passage of this ISTEA ments have done their fair share. They sel Act of 1992. These laws, and the pro- legislation is imperative, and sooner have imposed some of the highest high- visions of subtitle F in the amendment better than later. way taxes in the Nation upon our resi- that I am offering today, are admit- As we will recall, in the 1991 reau- dents to provide for those additional tedly under the jurisdiction not only of thorization we were successful in in- improvements which I have alluded to. the Commerce Committee, but also the cluding funding for the ‘‘Spaghetti What we are currently lacking is a Committee on Environment and Public Bowl,’’ the most congested part of the solid, long-term commitment from the Works. However, for the sake of expedi- downtown access in Las Vegas. Nearly Federal Government as part of the Fed- ency in reauthorizing ISTEA, the pro- 6 years later, the ground breaking for eral Government’s requirement to live visions relating to the Dingell-John- that project occurred late this last fall. up to its partnership responsibilities. son/Wallop-Breaux program in the That is an indicator of the time lag In fact, the Federal highway and tran- ISTEA bill are being considered that it takes for us to get projects au- sit programs are just that, they are through this amendment. thorized and funded to contract and to bargains, commitments made with the Mr. CHAFEE. I applaud my col- construction. This time around, Ne- American people. leagues on the Commerce Committee, vada’s highway needs are even greater Unfortunately, in what has been a particularly the distinguished Chair- than in 1991, and the projects we need long source of frustration to me, first man Senator MCCAIN, the ranking to fund in the coming years dwarf the as a Governor and now as a U.S. Sen- member Senator HOLLINGS, and Sen- ‘‘Spaghetti Bowl’’ project which pre- ator, the Federal Government has not ators SNOWE and BREAUX for their hard viously had been the largest highway lived up to its side of the bargain. work on these provisions. Although the project in our State’s history. Every time any one of us buys a gallon subtitle regarding the Dingell-Johnson/ Throughout the State, in both north- of gasoline, we pay 18.4 cents to the Wallop-Breaux program is included in ern and southern Nevada, many large Federal Government, money that is the amendment offered on behalf of the and vital highway projects will need to supposed to be set aside and dedicated Commerce Committee, I would like to be financed, and financed soon, and the and spent for highway and transit im- express my gratitude to my colleagues Federal Government through the provements. As we all know, this is on that Committee for the opportunity ISTEA formula is going to be an essen- often not the case. Somehow, a good to remain involved in the negotiations tial partner. part of this funding never makes it leading to the language in the subtitle, In southern Nevada, the State plans back to the States for highway im- and for the recognition that jurisdic- to expand the major artery to the rap- provements. tion for that subtitle remains within idly growing northwest sector of Clark The trust fund balance now stands at both Committees. Indeed, the Federal County by greatly expanding the ca- more than $20 billion. By the year 2003, Aid in Sport Fish Restoration program, pacity of US–95. In northern Nevada, the balance of the trust fund could ex- taken in its entirety, is primarily we need to complete the long-awaited ceed $70 billion, all of which has essen- under the jurisdiction of the Environ- connection between Reno and the State tially been taken from the American ment and Public Works Committee. capital in Carson City along US–395, people under false pretenses; that is, Mr. MCCAIN. Our Committees have and Carson City itself needs a freeway the money is collected for highway im- worked together on legislation relating bypass around the capital and commer- provements but not fully allocated for to this program in the past, and on this cial areas. We need money to build a that purpose. I am hopeful with the particular amendment that we are of- new, safer bridge over the Colorado compromise that has been effected that fering today. Both the Committee on River, taking existing hazardous traffic we will work to address what I believe Environment and Public Works and the off the Boulder Dam. is a failure of Federal responsibility. Committee on Commerce each main- Highways and roads are not the only The time is right for us to increase tain jurisdiction over different compo- transportation solutions in the works transportation funding to levels that nents of this program. Both the U.S. in Nevada. To an extent which would more accurately reflect the payments Fish and Wildlife Service and the U.S. have been unthinkable only a few short taxpayers have been making to the Coast Guard implement different com- years ago, we are becoming increas- trust fund and to get to work on some ponents of the program. The Aquatic ingly dependent on mass transit. Both of the very transportation and infra- Resources Trust Fund, which is the of our major metropolitan areas, Las structure problems facing our State funding source for the Program, is di- Vegas and Reno, have significant pub- and our Nation. Nothing can happen, of vided into the Sport Fish Restoration lic bus and paratransit systems which course, unless we complete ISTEA Account and the Boat Safety Account, make a major contribution to both mo- soon, and that is why I believe that it which are closely intertwined with bility and air quality in their respec- is one of the most important priorities each other. For example, funds for boat tive communities. for us to deal with in this session of the safety programs come not only from The Citizen Area Transit system, or Congress. the Boat Safety Account but also from CAT, in southern Nevada, in par- Again, Mr. President, I thank my col- the Sport Fish Restoration Account. In ticular, has been an incredible success leagues who have worked out the com- addition, unexpended funds in the Boat story in only a few short years of oper- promise that has increased the con- Safety Account roll over into the Sport ation, and it is currently planning on tract authority by some $26 billion. Fish Restoration Account. This com- more than doubling its bus fleet in the That is something that every State plicated flow of funds makes the pro- next several years to more than 500 ve- will benefit from, and a State such as grams almost inseparable. It is my hicles. CAT is also well along in the my own with a backlog of infrastruc- opinion that while each Committee planning process for a major fixed ture needs will need this additional maintains jurisdiction over different guideway system serving the heavily funding in order to complete these components of the program, both Com- traveled resort corridor. projects. mittees should work closely and col- Both the bus fleet expansions and the WALLOP-BREAUX TRUST FUND laboratively on legislation relating to fixed guideway system are counting on Mr. MCCAIN. Mr. President, the this program. their fair share of Federal transpor- amendment to S. 1173 offered by me Mr. CHAFEE. I wholeheartedly agree tation dollars, something that will and Senator HOLLINGS, on behalf of the with the distinguished Chairman of the simply not be there any time soon if we Commerce Committee, includes a sub- Committee on Commerce. do not finish our work on ISTEA as title relating to the Sport Fish Res- Mr. MCCAIN. In engaging in this col- quickly as possible. toration and Recreational Boat Safety loquy, Senator CHAFEE and I recognize The State of Nevada and the assorted programs authorized and funded by that each committee maintains juris- local governments have all stepped up several laws comprising the Federal diction over different components of to the plate. We heard frequently in Aid in Sport Fish Restoration Pro- this program and different provisions this partnership with the Federal and gram. These laws include the Dingell- relating to the program contained in

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1229 subtitle F, and further reaffirm our cations to this particular state law. I the rule required by paragraph (2) may in- joint commitment, responsibility, and am confident that this cooperative ef- clude such tests, including tests with dum- jurisdiction regarding the Dingell- fort will reassure the Department mies of different sizes, as the Secretary de- Johnson/Wallop-Breaux program. I while at the same time allowing Maine termines to be reasonable, practicable, and thank the distinguished Senator from appropriate to meet the purposes of para- to improve safety on our roadways. graph (1). Rhode Island for his cooperation on Thank you. (4) EFFECTIVE DATE.—The final rule issued this matter. Mr. President, I suggest the absence under this subsection shall become effective Ms. SNOWE. Mr. President, I rise in of a quorum. in phases as rapidly as practicable, beginning support of the Commerce Committee The PRESIDING OFFICER. The not earlier than September 1, 2001, and not Safety amendment, and wish to com- clerk will call the roll. later than September 1, 2002, and shall be- mend the Senator from Arizona, Mr. The bill clerk proceeded to call the come effective not later than September 1, MCCAIN, for his efforts to bring this roll. 2005, for all motor vehicles in which air bags amendment to the floor. In particular, Mr. KEMPTHORNE. Mr. President, I are required to be installed. If the Secretary I commend him and the Committee for ask unanimous consent that the order determines that the September 1, 2005, effec- its incentive approach to the serious tive date is not practicable to meet the pur- for the quorum call be rescinded. poses of paragraph (1), the Secretary may ex- problem of drunk driving. The Com- The PRESIDING OFFICER (Mr. tend the effective date for not more than one mittee amendment provides four MCCONNELL). Without objection, it is year. The Congress may, by joint resolution, grants that provide additional funding so ordered. grant a further extension of the effective to states that take the zero tolerance AMENDMENT NO. 1681 TO AMENDMENT NO. 1676 date. approach to drunk driving. States that (Purpose: To improve airbag safety) (c) REPORT ON AIR BAG IMPROVEMENTS.— have already enacted tough laws, like Mr. KEMPTHORNE. Mr. President, I Not later than 6 months after the enactment of this section, the Secretary of Transpor- my own State of Maine, are eligible for send to the desk an amendment and additional funding, while these grant tation shall report to Congress on the devel- ask for its immediate consideration. opment of technology to improve the protec- programs will serve as an incentive for The PRESIDING OFFICER. Without tion given by air bags and reduce the risks other states to pass the tough laws nec- objection, the pending amendment will from air bags. To the extent possible, the re- essary to keep drunk drivers off the be laid aside. The clerk will report. port shall describe the performance charac- roads. The bill clerk read as follows: teristics of advanced air bag devices, their I would also like to briefing explain The Senator from Idaho [Mr. KEMPTHORNE] estimated cost, their estimated benefits, and my provision in this amendment that proposes an amendment numbered 1681 to the time within which they could be in- requires Maine and the Department of Amendment No. 1676. stalled in production vehicles. On page 167, after the matter appearing Transportation to create a perform- Mr. KEMPTHORNE. Mr. President, I ance based system to evaluate a state after line 18, insert the following: ask unanimous consent that the read- Strike section 1407 of the bill. trucking law to determine if it is a ing of the amendment be dispensed In the table of sections for the bill, strike safety concern. with. the item relating to section 1407. Maine has lost half of its Motor Car- The PRESIDING OFFICER. Without Amend the table of sections for the bill by rier Safety Assistance Programs objection, it is so ordered. inserting the following item at the appro- (MCSAP) for the last two years— The amendment is as follows: priate place: $145,000 per year—because of a state On page 40, after line 10, insert the fol- Sec. 3406. Improving air bag safety. law providing an exemption from lowing: Mr. KEMPTHORNE. Mr. President, motor carrier safety regulations for SEC. 3106. IMPROVING AIR BAG SAFETY. this amendment deals with the airbag trucks traveling within 100 air mile ra- (a) SUSPENSION OF UNBELTED BARRIER issue. Before I describe this amend- dius of their home base. This loss of TESTING.—The provision in Federal Motor ment, I want to commend and thank funding means that the State cannot Vehicle Safety Standard No. 208, Occupant Senator MCCAIN, the chairman of the hire more state troopers for the Motor crash protection, 49 CFR 571.208, that requires air bag-equipped vehicles to be Commerce Committee, for all of his Vehicle Enforcement Unit and in fact tremendous help and leadership and as- may have to lay off another trooper if crashed into a barrier using unbelted 50th sistance on this issue of airbag safety, this issue is not resolved soon. percentile adult male dummies is suspended as well as Senator BRYAN of Nevada The Maine law in question is used until either the rule issued under subsection (b) goes into effect or, prior to the effective primarily by construction companies, who has had a keen interest in this for date of the rule, the Secretary of Transpor- a number of years also. I appreciate the farmers, loggers, sand and gravel, land- tation, after reporting to the Commerce scaping and local delivery vehicles. In comments Senator MCCAIN made a few Committee of the House of Representatives, moments ago about my involvement in another words, small businesses who do and the Committee on Commerce, Science, this issue of airbag safety. intrastate delivery work or must travel and Transportation of the Senate, deter- some distance to a work site. Maine did mines by rule that restoring the test is nec- This amendment does a variety of a study for Federal Highway to show essary to accomplish the purposes of sub- things, but one of the things that is that the exemption was not a safety section (b). very important is that it affirms that problem, but Federal Highway would (b) RULEMAKING TO IMPROVE AIR BAGS.— airbags are to be supplemental re- (1) NOTICE OF PROPOSED RULEMAKING.—Not straint systems, which is stamped on not give the state a waiver. The State’s later than June 1, 1998, the Secretary of study, done by the Maine State Police all the cars, ‘‘SRS,’’ supplemental re- Transportation shall issue a notice of pro- straint systems. They are not the pri- found no safety problems. And in 1995, posed rulemaking to improve the occupant the Governor’s Task Force on Motor protection for all occupants provided by Fed- mary restraint system, which is your Vehicle Safety, which reviewed Maine’s eral Motor Vehicle Safety Standard No. 208, seatbelt. I think whatever source you truck laws, recommended that this ex- while minimizing the risk to infants, chil- may look to, you will find that the emption be kept because it did not dren, and other occupants from injuries and seatbelt is the safest device that you have an impact on safety. deaths caused by air bags, by means that in- can use in your car. My language seeks to end this im- clude advanced air bags. With the airbags that have been (2) FINAL RULE.—The Secretary shall com- placed in cars, we now see on the new passe in order to improve safety by plete the rulemaking required by this sub- first giving the state its full funding so section by issuing, not later than June 1, cars it points out that this airbag may it can hire more troopers and second to 1999, a final rule consistent with paragraph kill children. The tragedy is that, in evaluate whether or not the exemption (1). If the Secretary determines that the fact, it has killed children. The num- is a safety problem. The language re- final rule cannot be completed by that date bers that just came out have indicated quires the State and the Department to to meet the purposes of paragraph (1), and that 54 kids now have been killed by work together to establish a review advises the Congress of the reasons for this airbags, 36 drivers have been killed by system for the State to carry out to de- determination, the Secretary may extend airbags and four adult passengers, for a the date for issuing the final rule by not total of 94 individuals who have been termine, based on empirical evidence, more than one year. The Congress may, by whether or not this exemption has a joint resolution, grant a further extension of killed by these airbags. negative impact on safety. the date for issuing a final rule. I am one who believes that airbags The burden will be on Maine to show (3) METHODS TO ENSURE PROTECTION.—Not- certainly can be a good safety device whether or not there are safety impli- withstanding subsection (a) of this section, when they are designed to standards

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1230 CONGRESSIONAL RECORD — SENATE March 3, 1998 that place them in their intended role cupants from infants to adults? The codification, most provisions of the Act were as supplemental safety devices. This amendment only allows the Secretary restated, with some omitted as unnecessary allows us now, and I will not go into of Transportation to reimpose the cur- or amended for clarity, although none of the omissions or amendments was intended to the details because Senator MCCAIN rent safety standard after giving full introduce substantive change. has laid that out very well, but this advance notice to Congress, after giv- The air bag mandate in the ISTEA found now allows us to go through with the ing the public time and opportunity to itself codified at 49 U.S.C. § 30127, ‘‘Auto- Secretary of Transportation the rule- comment and then only if he or she matic Occupant Crash Protection and Seat making and the testing. It allows us to concludes that doing so would protect Belt Use.’’ The codified language reads as have a testing of these airbags for all infants and children, as well as other follows: sizes of adults. It is going to allow us occupants, from death and injury. This ‘‘(b) Inflatable restraint requirements.— to now have safer bags that will save amendment does not change the policy (1)... The amendment shall require that the automatic occupant crash protection lives so that we will not see these cost- that airbags are still a supplemental, system for both of the front outboard seating ly tragic numbers that I have just re- not a primary restraint system. positions for [passenger cars and light cited, and it will protect occupants of Mr. MCCAIN. Airbags are certainly trucks] be an inflatable restraint (with lap all sizes. not a substitute for safety belts. I want and shoulder belts) complying with the occu- I do believe that the National High- to emphasize again that all vehicle oc- pant protection requirements under section way Traffic Safety Administration, cupants should always wear a safety 4.1.2.1 of Standard 208.’’ NHTSA, has had the authority to go belt. The codification also retains most of the forward with this. Their repeated con- Mr. KEMPTHORNE. Thank you. I statement of intent that originally appeared clusion is that they did not. ask unanimous consent to have printed as part of the air bag mandate. The original statement of intent asserted that ‘‘[t]his sec- Mr. President, recognizing that Sen- in the RECORD two legal opinions that tion supplements and revises, but does not ator MCCAIN is the chairman of the make clear NHTSA had and retains the replace, Federal Motor Vehicle Safety Senate Commerce Committee with ju- legal authority to repeal or modify the Standard 208 . . .’’. In the codification, how- risdiction over issues related to traffic unbelted seat belt standard. ever, the new placement of this provision is safety, is he aware that the National There being no objection, the mate- in § 30127(f), now stating that ‘‘[t]his section Highway Traffic Safety Administration rial was ordered to be printed in the revises, but does not replace, Standard 208 as says current law does not allow airbags RECORD, as follows: in effect on December 18, 1991, . . .’’. The ref- to be regulated as supplemental re- erence to ‘‘supplement[ing]’’ FMVSS 208 was MAYER, BROWN & PLATT, omitted in the codification, apparently due straint systems, and specifically that Washington, DC, January 22, 1997. to a view that it was unnecessary. NHTSA does not have the legal author- MEMORANDUM In addition, the codification did not sub- ity to repeal the so called unbelted test To: Phillip D. Brady. stantively change the ISTEA provisions that standard? From: Erika Z. Jones. instructed NHTSA to amend FMVSS 208 to As the Senator knows, the American Re NHTSA’s authority to repeal or suspend require that each owners’ manual explain Law Division of the Library of Con- the unbelted test in FMVSS 208. that ‘‘the ‘air bag’ is a supplemental re- gress has reviewed this issue and has You asked for a legal analysis of the ques- straint and is not a substitute for lap and concluded that NHTSA has ample legal tion of whether NHTSA could lawfully repeal shoulder belts’’ and that ‘‘occupants should always wear their lap and shoulder belts, if authority to repeal the unbelted test. or suspend the current requirement in Fed- eral Motor Vehicle Safety Standard 208 re- available, or other safety belts, whether or The view of the Library of Congress is quiring manufacturers to certify compliance not there is an inflatable restraint.’’ supported by a number of other legal in both the belted and unbelted conditions. § 30127(c)(2) and (4). experts as well. We conclude that there are no legal con- The evidence suggests that the require- Mr. MCCAIN. I agree that NHTSA straints on NHTSA’s authority to do so. ment for FMVSS 208 certification in the currently has the statutory authority BACKGROUND unbelted condition is dictating air bag inflation output that is greater than would be to modify the testing methodology for FMVSS 208 (49 C.F.R. Section 571.208) necessary if the unbelted certification test airbags to advance their safety or effi- specifies performance standards for occupant were eliminated or suspended. NHTSA has ciency. protection in crashes. Among its require- recently acknowledged that the substantial ments, FMVSS 208 currently requires manu- Mr. KEMPTHORNE. Is it the Sen- inflation output of current air bags designs facturers to certify compliance with the per- ator’s view that this amendment is can pose risks to some front seat occupants, formance standards in two conditions: first, consistent with the statutory interpre- particularly children and small statured with the crash test dummy belted with the tation that airbags are supplemental adults. For example, NHTSA’s recent rule- manual three-point safety belt, and second, making notices extending the air bag cutoff restraint systems, not primary re- with the dummy unbelted. See S10(b)(1) of switch option in certain vehicles, proposing straint systems, and should be regu- FMVSS 208. to permit depowering of air bags and pro- lated in such a fashion and do you In 1991, Congress enacted the Intermodal posing to authorize disconnection of air bags agree that airbags do not substitute for Surface Transportation Efficiency Act by dealers all contain substantial discussions (ISTEA) (Pub. L. 102–240). Part B of the lap and shoulder belts and that all oc- of the ‘‘adverse effects of current air bag de- ISTEA, cited as the National Highway Traf- cupants should always wear safety signs.’’ See 62 Fed. Reg. 798–844 (January 6, fic Safety Administration Authorization Act belts regardless of whether there is an 1997). of 1991, included Section 2508 which man- inflatable restraint in the vehicle? In its original incarnation, FMVSS 208 was dated that the Secretary of Transportation Mr. MCCAIN. The Senator raises an intended primarily to protect unbelted adult shall amend FMVSS 208 to provide that ‘‘the occupants, because safety belt use was very important point. Airbags are an impor- automatic occupant crash protection sys- low. In 1984, when FMVSS 208 was reinstated, tant safety device, but they are de- tem’’ of each new passenger car and light NHTSA observed that driver safety belt use signed to supplement the protection of- truck ‘‘shall be an inflatable restraint com- in the front seat was approximately 14% na- fered by safety belts. Safety belts are plying with the occupant protection require- tionwide. Today, however, adult safety belt ments under section 4.1.2.1’’ of FMVSS 208. the primary safety device and should use in the front seat is estimated to be close The section continued that it ‘‘supplements be worn by all vehicle occupants. to 70%, due in large measure to the success and revises, but does not replace, Federal Mr. KEMPTHORNE. Does the Sen- of state safety belt usage laws, all of which Motor Vehicle Safety Standard 208, including ator agree that the pending amend- were enacted within the last thirteen years. the amendment to such Standard 208 of Today, all states but one require safety belt ment affirms the responsibility of the March 26, 1991 [citation omitted] extending usage by vehicle occupants, and these re- Secretary of Transportation to im- the requirements for automatic crash quirements, coupled with seat belt usage prove the occupant safety of all occu- protection...to trucks, buses and multi- education efforts, have been successful in pants provided by Federal Motor Vehi- purpose passenger vehicles.’’ raising safety belt usage to levels far in ex- In 1994, Congress enacted Public Law 103– cle Standard No. 208 while minimizing cess of those contemplated in 1984. 272 on July 5, 1994. Section 1 of that Act ex- the risk to infants, children, and other Of at least equal significance, there is no plained that general and permanent ‘‘laws occupants from injuries and death sign that Congress considered any evidence related to transportation...are revised, caused by airbags and, in order to ac- of the risks to children and small adult front codified, and eanacted...without sub- seat occupants from air bags designed to complish the rule making required by stantive change.’’ Thus, the codification Act meet the requirements of FMVSS 208 when this amendment, the Secretary shall transferred the provisions of the former Na- the ISTEA was enacted in 1991. include tests with dummies of different tional Traffic and Motor Vehicle Safety Act sizes representing the full range of oc- from Title 15 to Title 49. In the process of the * * * * *

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1231 NHTSA has now concluded that the ISTEA ferred to in this paragraph shall have the ample authority to revise FMVSS 208 to re- air bag mandate, as codified in Title 49, re- same meaning as the corresponding term. 42 flect supplemental occupant protection, and quires the agency to retain the unbelted U.S.C. § 7550(7). to decide to evaluate compliance in accord- compliance test because its repeal would Since no such explicit restriction ‘‘freez- ance with this Congressional preference, i.e., eviscerate the requirement for ‘‘automatic ing’’ the 1991 edition of FMVSS 208 in gen- with air bags in combination with manual occupant crash protection system[s].’’ In a eral, or S4.1.2.1 in particular, was incor- three-point seat belts. The literal language letter dated January 13, 1997 to Senator Dirk porated into the ISTEA amendments, of the codified Vehicle Safety Act strongly Kempthorne, NHTSA Administrator Mar- NHTSA is not precluded by statute from supports this interpretation, noting that the tinez explained the agency’s reasoning as fol- amending FMVSS 208, or interpreting it in automatic protection shall ‘‘be in inflatable lows: such a way as to repeal or suspend the restraint (with lap and shoulder belts)’’ (Em- ‘‘If the unbelted test were eliminated from unbelted compliance test. phasis supplied). FMVSS No. 208, such that vehicles only had Althouth some may argue that the lan- Third, even if NHTSA were not persuaded to satisfy the performance requirements of guage is the codified Vehicle Safety Act re- that it should interpret the ISTEA mandate the standard with the manual belts attached, ferring to a revision to FMVSS 208 ‘‘as in ef- to authorize (indeed, prefer) testing the air there would be no way to ensure that the air fect on December 18, 1991’’ is tantamount to bag as a supplemental restraint in combina- bags would in fact provide ‘‘automatic’’ pro- a ‘‘freezing’’ of the requirements of FMVSS tion with lap/shoulder belts pursuant to the tection to front seat occupants.’’ 208 as stated on that date, such an argument currently prescribed belted test, NHTSA has NHTSA thus advised Senator Kempthorne cannot survive. First, the quoted language substantially overstated the concern (as ex- that it ‘‘lack[s] legal authority to eliminate did not appear in the ISTEA itself. Since the pressed in the letter to Senator Kempthorne) the unbelted test’’. codification expressly stated that it was not that elimination of the unbelted test would For reasons discussed in more detail below, intended to introduce any substantive mean that there would be ‘‘no way to ensure we do not concur that NHTSA is so con- change, the inclusion of the December 18, that the air bags would in fact provide ‘auto- strained in its authority to interpret the 1991 effective date in the codification (but matic’ protection to front seat occupants. If statute and the standard. In particular, not the original enactment of ISTEA) cannot NHTSA wished to assure that the air bag was NHTSA retains authority to interpret the have any substantive meaning, and surely providing some additional ‘‘protection’’ over statute and the standard in a manner that cannot convey an intent by Congress in 1991 and above the lap/shoulder belt, then the achieves the safety objectives of FMVSS 208 or 1994 to ‘‘freeze’’ FMVSS 208 in the context agency could modify the standard to evalu- and the ISTEA mandate for an automatic of the December 18, 1991 provisions. Second, ate in the belted test the incremental protec- crash protection system—which is an air bag the quoted language does not appear in the tion provided ‘‘automatically’’ (i.e., sepa- as a supplemental restraint. substantive requirements for air bag instal- rately) by air bags. There is no legal reason ANALYSIS lation, which appear in subsection (b) of Sec- why such a separate evaluation has to be an General principles of administrative law tion 30127. Rather, the quoted reference to unbelted test measuring the same four in- recognize that regulatory agencies ‘‘must be the December 18, 1991 version of FMVSS 208 jury criteria currently in force. For example, given ample latitude to adapt their rules and appears in subsection (f) of that section, NHTSA could add to the belted test some in- policies to the demands of changing cir- which states that the air bag mandate ‘‘re- jury criterion which likely could not be met cumstances,’’ as long as the changed policy vises, but does not replace, Standard 208 as in a vehicle without an air bag. NHTSA has is accompanied by a ‘‘reasoned analysis for in effect on December 18, 1991.’’ In that con- not taken, and could not take, the position the change.’’ Motor Vehicle Manufacturers’ text, the citation to the December 18, 1991 that it is without authority to change the in- Ass’n. v. State Farm, 463 U.S. 29, 42 (1983) (inversion of Standard 208 is nothing more than jury criteria by which air bag performance is ternal quotations and citations omitted). a reference point, rather than a legislative measured. Indeed, NHTSA is proposing else- Therefore, unless there is an explicit or im- desire to ‘‘freeze’’ the requirements. Finally, where to do exactly that—revise the injury plicit restriction in the Vehicle Safety Act, NHTSA has already compromised any theory criteria for thorax acceleration—although as amended by ISTEA, precluding NHTSA that the December 1991 provisions of FMVSS that is being proposed for other reasons. from responding to the newly acknowledged 208 are legally ‘‘frozen’’; for example, NHTSA While it is true that NHTSA could not, information about safety risks posed by cur- has already amended FMVSS 208 to allow air consistent with the ISTEA mandate, amend rent air bag designs, NHTSA retains ‘‘ample bag cutoff switches which clearly amended FMVSS 208 in such a way as to eviscerate latitude’’ to amend FMVSS 208 to remove FMVSS 208 to allow air bag cutoff switches the air bag mandate entirely, an amendment the unbelted test. which clearly affect the ‘‘automatic’’ nature of FMVSS 208 to eliminate the unbelted test 1. The Vehicle Safety Act Does Not Explicitly of the protection afforded by the air bag. would not be such a radical change to the Preclude NHTSA From Repealing or Sus- The ISTEA, as codified in Title 49, thus standard. Indeed, there is nothing in ISTEA pending the Unbelted Test does not explicitly limit NHTSA’s plenary to suggest that Congress subscribed to the authority to amend FMVSS 208 to respond to original FMVSS 208 notion that the occu- Nothing in 49 U.S.C. § 30127 or in § 2508 of the concerns about air bag inflator output in pant protection afforded by air bags should ISTEA explicitly precludes NHTSA from re- general, or to repeal the unbelted test in par- necessarily be evaluated without manual pealing or suspending the unbelted certifi- ticular. safety belts. The Congressional mandate cation test in FMVSS 208. that lap/shoulder belts (interpreted by First, nothing in ISTEA § 2508 amends, re- 2. The Vehicle Safety Act Does Not Implicitly NHTSA to mean manual three-point safety stricts or otherwise affects NHTSA’s plenary Preclude NHTSA From Repealing or Sus- belts) be provided along with air bags—a sub- authority to amend safety standards, au- pending the Unbelted Test stantial enlargement of the original require- thority which is incorporated in the general For several reasons, there is no implicit ments of FMVSS 208, which would have pro- rulemaking authority to ‘‘prescribe’’ motor constraint on NHTSA’s authority to amend tected unbelted occupants—along with the vehicle safety standards in 49 U.S.C. Section FMVSS 208, including S4.1.2.1 if necessary, to mandate for owner’s manual revisions re- 30111(a). In fact, the ISTEA language care- eliminate the requirement for certification garding air bags as supplemental restraints, fully states that the amendment ‘‘supple- with an unbelted test dummy. all suggest instead that Congress understood ments and revises, but does not replace’’ First, as noted above, there was no express the modern view that air bags are supple- FMVSS 208. And, as discussed above, admin- constraints included in ISTEA or the codi- mental, not primary, occupant protection istrative law principles recognize the author- fied Vehicle Safety Act on NHTSA’s author- and must be used along with manual safety ity agencies have to amend their rules to re- ity to amend FMVSS 208 in any respect. As belts for optimal protection. Given that Con- flect changed circumstances. Absent an ex- long as the proposed amendment otherwise gress directed this substantial revision to plicit Congressional direction limiting that satisfies the Vehicle Safety Act’s criteria for FMVSS 208 as part of the ISTEA amend- plenary authority in the case of FMVSS 208, rulemaking (objectively, practicability, safe- ment, it would be entirely reasonable for NHTSA retains its general authority to ty necessity), nothing precludes NHTSA NHTSA to conclude that compliance with amend its safety standards. from promulgating such an amendment, par- the new FMVSS 208 requirements should be Second, when Congress wishes to ‘‘freeze’’ ticularly in light of Congress intent to con- evaluated with a belted, not an unbelted, a regulation in place, it knows how to do so. sider air bags as supplemental restraints, as test dummy. For example, Section 216(7) of the Clean Air well as the more recent acknowledgement by Act (42 U.S.C. § 7550(7)) ‘‘froze’’ the then-ex- the agency that current air bag designs may 3. NHTSA’s Own Recent Rulemaking Actions isting EPA definitions for certain terms for pose safety risks for some small front seat Show That The Agency Retains Substantial purposes of the emission standards estab- occupants. Discretion to Amend FMVSS 208, Including lished by that Act, in the following way: Second, nothing precludes NHTSA from With Respect to the Air Bag Mandate The terms ‘‘vehicle curb weight,’’ ‘‘gross electing to test compliance with FMVSS 208 NHTSA has recently adopted an amend- vehicle weight rating’’ (GVWR), ‘‘light-duty with a belted (as opposed to an unbelted) test ment to FMVSS 208 extending the previously truck’’ (LDT), ‘‘light-duty vehicle,’’ and dummy. In enacting ISTEA, Congress ex- authorized cutoff switch to vehicles manu- ‘‘loaded vehicle weight’’ (LVW) have the pressed a preference—indeed, a mandate—for factured after the affective date of the meaning provided in regulations promul- an occupant protection system that included ISTEA mandate for ‘‘automatic’’ protection. gated by the Administrator and in effect as both an air bag and a ‘‘lap/shoulder belt’’, This amendment belies any proffered limita- of November 15, 1990. The abbreviations in which NHTSA has interpreted to mean a tion on NHTSA’s authority to change the na- parentheses corresponding to any term re- manual, three-point seat belt. NHTSA has ture of the ‘‘automatic’’ protection provided

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1232 CONGRESSIONAL RECORD — SENATE March 3, 1998 under FMVSS 208. Indeed, if NHTSA could standards’’ in order to protect the public ‘‘the owner manuals for passenger cars and not lawfully eliminate the unbelted compli- against ‘‘unreasonable risk of accidents oc- trucks, buses, and multipurpose vehicles ance test, because it would leave curring as a result of the design, construc- equipped with an inflatable restraint include unevaluated the Congressional mandate that tion or performance of motor vehicles [or a statement in an easily understandable for- ‘‘automatic’’ protection be provided by the] unreasonable risk of death or injury to mat that means of ‘‘inflatable restraints,’’ then how persons in the event accidents do occur.’’ ‘‘(1) either or both of the front outboard could NHTSA permit cutoff switches, which The same Act required the Secretary of seating positions . . . are equipped with an permit the ‘‘automatic’’ protection to be Transportation ‘‘to establish by order appro- inflatable restraint referred to as an ‘airbag’ eliminated altogether when the switch is ac- priate Federal motor vehicle safety stand- and a lap and shoulder belt; tivated? ards.’’ and further authorized the Secretary ‘‘(2) the airbag is a supplemental restraint; In fact, NHTSA is not constrained by ‘‘by order [to] amend or revoke any Federal ‘‘(3) lap and shoulder belt also must be ISTEA or the codified Vehicle Safety Act motor vehicle safety standard established used correctly . . . to provide restraint or from adopting an amendment that elimi- under this section . . . [taking into consider- protection. . . .’’ The only statutory reference to ‘‘auto- nates the unbelted compliance test, if the ation] relevant available motor vehicle safe- matic’’ that our research has uncovered ap- rulemaking record justifies doing so. ty data, including the results of research, de- pears in the Conference Report that accom- NHTSA’s amendment of FMVSS 208 to per- velopment, testing and evaluation activities panied ISTEA: ‘‘the Senate notes that the mit cutoff switches is an implicit acknowl- conducted pursuant to this Act.’’ current regulations of the Department of edgement of the agency’s authority to revise In response, the Secretary, through the Ad- Transportation . . . require that passenger ministrator of NHTSA, promulgated Part 571 FMVSS 208 to reflect contemporary develop- cars be equipped with ‘passive restraints,’ of 49 C.F.R., ‘‘Federal Motor Vehicle Safety ments in motor vehicle safety. which include either airbags or automatic NHTSA’s recent proposals to amend the Standards,’’ which include FMVSS 208, Occu- seatbelts that do not require actions by the test conditions of FMVSS 208 in other re- pant crash protection. The stated purpose for occupant in order to be engaged’’ (House spects, such as by raising the thorax injury promulgating the Standard was ‘‘to reduce Conf. Rep. No. 102–404 at 400). In other words, criterion to 80 G’s, from the current level of the number of deaths of vehicle occupants, it appears that the statute which requires 60 G’s, further reflect the agency’s acknowl- and the severity of injuries . . .’’ the installation of airbags as automatic, or In the ‘‘National Highway Traffic Safety edgement of its plenary authority to revise passive, restraints neither envisions nor re- Administration Authorization Act of 1991,’’ FMVSS 208 to reflect modern understandings quires (because airbags are considered as Congress directed the Secretary of Transpor- of motor vehicle safety needs. ‘‘supplemental’’ restraints to be used in con- tation ‘‘to promulgate, in accordance with * * * * * junction with seatbelts) that they must be the National Traffic and Motor Vehicle Safe- Nothing in the ISTEA or the codified Vehi- tested in unbelted conditions. ty Act of 1966 . . . an amendment to cle Safety Act explicitly or implicitly con- Finally, we note the improbability, given [FMVSS] 208 to provide that the automatic strains NHTSA’s authority to repeal the the languages set out above to emphasize crash protection system for the front out- unbelted compliance test for certification that airbags are to be considered only as a board designated positions of [certain de- with FMVSS 208. ‘‘supplemental’’ restraint, that FMVSS 208 T scribed vehicles] . . . shall be an inflatable Although the statute indisputably requires S10(b)(1) requires that crash tests to evalu- restraint [i.e., an airbag]. . . .’’ ‘‘automatic’’ protection by means of ‘‘inflat- ate airbag deployment pressure be conducted The same section states that it ‘‘revises, able restraints,’’ NHTSA retains full author- on completely unbelted test dummies in but does not replace [FMVSS] 208,’’ merely ity to define what the protection criteria order to determine the pressure at which extending the ‘‘automatic crash protection’’ will be, and how the protection will be evalu- protection from frontal impact crashes requirement to ‘‘trucks, buses, and multipur- ated. Congress did not evidence any inten- would be available. pose vehicles.’’ JANICE E. RUBIN, tion of constraining NHTSA’s authority and T FMVSS 208 S10(b)(1), which sets forth the Legislative Attorney responsibility to do so. way in which ‘‘automatic restraints’’ are to be tested, states that ‘‘In a vehicle equipped Mr. KEMPTHORNE. Mr. President, CONGRESSIONAL RESEARCH SERVICE, with an automatic restraint at each front without going back and reciting all of THE LIBRARY OF CONGRESS, outbound seating position . . . each test the past history, this is an amendment Washington, DC, January 31, 1997. dummy is not restrained during one frontal that, through a collaborative process, To: Honorable Dirk Kempthorne; Attention: test . . . by an means that require occupant Gary Smith. will now bring us to the point of safer action. If the vehicle has a manual seat belt air bags. From: American Law Division. provided by the manufacturer . . . then a Subject: Whether the Administrator of the A little girl who was killed in Boise, second front test is conducted . . . and each ID, was the reason for my involvement National Highway Transportation Safety test dummy is restrained both by the auto- Board Has the Authority to Amend, matic restraint system and the manual seat in this whole issue. So I hope that the Alter, Change or Otherwise Supplement belt . . .’’ family will find some consolation, the Test Procedures for Automatic Re- DISCUSSION some peace, in knowing that the loss of straints Set Out in Paragraph S10(b)(1) of As the Mayer, Brown memorandum cor- that precious little child will now lead Federal Motor Vehicle Safety Standard us to a new era of safer air bags so that 208 (49 C.F.R. § 571.208, T S10(b)(1)). rectly states, ‘‘[g]eneral principal of administrative law recognize that administrative other families will not have to experi- You are concerned that the current testing agencies ‘must be given ample latitude to ence the tragedy that they have. of vehicle airbags has led to a standard for adapt their rules and policies to the demands The PRESIDING OFFICER. The airbag deployment which may in some situa- of changing circumstances,’ as long as the tions actually imperil vehicle occupants, and question is on agreeing to the amend- changed policy is accompanied by a ‘rea- would, therefore, like for the Administrator ment. soned analysis for the change.’ ’’ 11 Only in of the National Highway Transportation The amendment (No. 1681) was agreed the case of a mandate in which Congress has Safety Administration (NHTSA) to order to. specified some or all of the specifies to be in- tests to determine whether and to what ex- Mr. CHAFEE addressed the Chair. cluded in any Agency’s promulgations would tent airbag deployment pressure might be re- The PRESIDING OFFICER. The Sen- an Agency be precluded from altering or duced. The Administrator has informed you ator from Rhode Island. amending those specifics; the statute which that it is his belief that he is prohibited from first required that motor vehicle safety Mr. CHAFEE. Mr. President, I per- doing so. Accordingly, you have asked that standards be enacted contained only the di- sonally am in support of the amend- we review a memorandum prepared by the rective to the Secretary of Transportation ment of the Senator from Idaho. I law firm, Mayer, Brown & Platt, which con- that he promulgate ‘‘appropriate Federal think it is a good amendment. And he cludes that the Administrator does have the motor vehicle safety standards,’’ and further authority to amend the vehicle safety stand- has moved his amendment, hasn’t he? gave the Secretary the authority to ‘‘by ard which sets forth the test dummy posi- The PRESIDING OFFICER. The order amend or revoke any Federal motor tioning procedures for crash-testing motor amendment has been agreed to. vehicle safety standard established under vehicles (Federal Motor Vehicle Safety Mr. CHAFEE. Well, put me down as this section.’’ Accordingly, it would appear Standard (FMVSS) 208 T S10(b)(1), Occupant in favor of it. that the Administrator of NHTSA not only crash protection, 49 C.F.R. § 571.208 T I move to reconsider the vote. has the authority to amend his own agency’s S10(b)(1)). For the reasons discussed below, Mr. BAUCUS. I move to lay that mo- safety standards, but may be expected to do we conclude that there is ample evidence to tion on the table. so when he is in possession of ‘‘relevant support that conclusion; and further, that available motor vehicle safety data.’’ The motion to lay on the table was there may not be any need to amend the lan- That the provision which requires airbags agreed to. guage of the referenced paragraph. does not envision that ‘‘automatic crash pro- Mr. CHAFEE. Mr. President, I sug- BACKGROUND tection’’ is to be construed as ‘‘protection af- gest the absence of a quorum. In 1966, Congress determined that it was forded in the absence of a seat belt’’ is illus- The PRESIDING OFFICER. The necessary to ‘‘establish motor vehicle safety trated by the future requirement that clerk will call the roll.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1233 The bill clerk proceeded to call the from point A to point B. A strong infra- Works Committee, not only in connec- roll. structure is one of the basic ingredi- tion with this legislation, but with a Mr. WYDEN. Mr. President, I ask ents to any recipe for economic whole series of environmental legisla- unanimous consent that the order for growth. It is one of the key things that tion. So having praise from him is dou- the quorum call be rescinded and that our businesses look at as they consider bly satisfying. I may speak for up to 10 minutes. where to locate and one of the prin- Mr. President, I suggest the absence The PRESIDING OFFICER (Mr. cipal contributors to our quality of of a quorum. KEMPTHORNE). Without objection, it is life. The PRESIDING OFFICER. The so ordered. I support the Environment Commit- clerk will call the roll. Mr. WYDEN. Thank you very much, tee’s amendment, and I urge my col- The bill clerk proceeded to call the Mr. President. leagues to support the additional fund- roll. Mr. President, the amendment that ing needed to build the transportation Mr. CHAFEE. Mr. President, I ask was agreed to by the Environment system our Nation will need to com- unanimous consent that the order for Committee with respect to funding for pete in the 21st century. the quorum call be rescinded. these critical transportation programs Let me conclude, Mr. President, by The PRESIDING OFFICER. Without objection, it is so ordered. for our country really ought to be saying that I intend, in the days ahead, Mr. CHAFEE. Now, Mr. President, we called the ‘‘Truth In Transportation to take to this floor to discuss other have the so-called Lautenberg amend- Funding Act’’ because it ensures that parts of this important legislation. Our ment that we would like to take up. gasoline taxes collected for transpor- State has been a leader nationally in This is the amendment that deals with tation purposes will actually be spent developing an innovative approach to the alcohol content in blood. The on those critical transportation managed growth in our country. This amendment would lower the alcohol projects. legislation allocates $20 million per content, which is a test, for drunken For too long in America, the Con- year to reward those States and com- driving, from .1 to .08. gress has played a budgetary shell munities that have been willing to Mr. President, we would like to enter game—pretending to put funds away in take fresh, creative approaches to han- into a time agreement on this. The various transportation programs but dling growth. time agreement would be something in actually slipping those funds into other I am also working, and there was dis- the neighborhood of an hour and a half spending accounts. cussion in the Environment Committee apiece. And now is the time for those Mr. President and colleagues, this today, with Senator GRAHAM, Senator Senators to come to the Chamber if, con game has been closed down. Now BOB SMITH, and others, on a way to one, they object to this time agree- Congress is on the way to making the streamline the process and ensure that ment, and, two, the plan, further, highway trust fund sacrosanct again. the dollars that are allocated for trans- would be that we would vote this Transportation taxes will, indeed, pay portation projects are spent in the evening. In other words, that would for transportation services. This means most effective way. In the past, there take us up to about 6:30, if all the time that the dollars will be used on the has really been a disconnect between were used. ground where they are needed, not the way transportation dollars are al- So I want to send the word out, we squirreled away in some account that located and the environmental permits are about to enter into this agreement. never seems to be spent. that are associated with actually get- I trust offices are listening to what we Today, the Congress will be in a posi- ting those projects built and on line. are saying here and will come on over tion to bring much-needed relief to We have been working on a bipartisan or call the cloakroom with their views citizens who face transportation grid- basis to bring together environmental because we want to move on. lock across our country. The Congress leaders, builders, and those who were We have legislation we have to make is adding an additional $26 billion of involved in planning our roads, and we progress on. We have been on this floor transportation spending to what is now believe that we are on our way to com- for some time but now we are ready for in the Senate ISTEA II bill. This trans- ing up with a streamlined system that this particular amendment, the drink- lates for our State into an additional is going to make it possible for us to ing amendment, which most people are $40 million per year. save dollars and ensure that the trans- familiar with. In our State, transportation dollars portation projects are built expedi- Mr. BAUCUS addressed the Chair. are now stretched so thin that the tiously while we still comply with the The PRESIDING OFFICER. The Sen- State department of transportation is critically needed environmental laws ator from Montana. not developing new projects. We have for our country. I intend, in the days Mr. BAUCUS. If I might ask my good focused our efforts on merely main- ahead, to talk about those commend- friend, the chairman of the committee, taining existing roads because we did able features of this legislation as well. Senator CHAFEE, wouldn’t it also be a not have funding available to pay for I want to conclude by congratulating good idea for Senators who are inter- improvements. Until now, there was my friend, Senator BAUCUS, from Mon- ested in an amendment that might be little hope on the horizon that more tana, and Senator CHAFEE for an ex- offered by Senator MCCONNELL, with funding would be forthcoming. traordinary bit of work. This bill is respect to the disadvantaged business The Environment Committee’s heavy lifting. There are Senators with enterprise, to also have their staffs amendment is like emergency surgery very strong views. There are regional come over to the floor so we can poten- for Oregon’s clogged transportation ar- differences of opinion. But I think we tially begin to work on it, an agree- teries. If Congress now passes this bill, have been able to forge a piece of legis- ment on that amendment? That is an- it will be possible to think in terms of lation that is going to make a dif- other amendment that is going to take improving the health of our transpor- ference in the 21st century. some time. It is contentious. The more tation system instead of how to avoid I conclude my remarks by especially we start working on the provisions of further deterioration. We will be in a praising our chairman, who has entered the debate, the more quickly we can position to plan improvements to re- the Chamber, JOHN CHAFEE, and Sen- reach a time agreement. I guess that duce congestion in an already over- ator BAUCUS, the ranking minority would be another subject we should ad- taxed system. We can start to think member, because it is their work that dress as well. about the future and how to handle our has made it possible for us to come to Mr. CHAFEE. Well, I certainly agree State’s growing population, and many the floor today. with the distinguished ranking mem- other parts of our country will be able Mr. President, I yield the floor. ber. Senator MCCONNELL has been very to do the same. Mr. CHAFEE addressed the Chair. thoughtful. He has been on the floor. Mr. President and colleagues, I have The PRESIDING OFFICER. The Sen- He is ready to go. We want to find out always believed that you cannot have ator from Rhode Island. how many people want to speak on big league quality of life with little Mr. CHAFEE. Mr. President, I thank Senator MCCONNELL’s amendment so league transportation systems. In the the senior Senator from Oregon for his we can get some concept of the time modern world, a transportation bill is kind comments. He has done yeoman’s that should be set aside. But that is an- about so much more than how you get work on the Environment and Public other amendment.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1234 CONGRESSIONAL RECORD — SENATE March 3, 1998 My thinking now is, if we can work stress to him that what we want to do most and the least successful work pro- out proceeding with the Lautenberg today is consider bills that deal with grams. The new $1 billion high-per- amendment, tomorrow morning we the subject before us; namely, high- formance bonus program will reward would take up the financing amend- ways, their funding, how to build them, States which are successful in increas- ment that was agreed to in the com- and different ideas connected there- ing earnings for welfare families. mittee today as a result of the agree- with. Beginning in 1999, just a year from ment that was reached yesterday. If the Finance Committee were de- now, the Secretary is required to con- There may be some debate on that. I do bating a welfare bill, the amendment duct an annual report on a broader set not know. But we are free to take that would be germane. But we would also of indicators, including whether or not up tomorrow. oppose it even under those conditions children and families have health in- My hope is we would do that tomor- because it is costly and unnecessary. surance, the average income of these row morning. And then tomorrow Now, when Congress passed the Per- families, and educational attainment afternoon we would go to the McCon- sonal Responsibility and Work Oppor- of these families. Thanks to the efforts nell amendment. But the Senator from tunity Reconciliation Act of 1996—that of Senator MOYNIHAN, Congress now re- Kentucky legitimately wants to know was only 18 months ago—one of the im- ceives an annual report. It is called In- how many people want to speak on his portant features of that legislation was dicators of Welfare Dependence. It has amendment. We want a time agree- a commitment to find out whether the a wealth of information. Mr. President, ment. He wants a time agreement. I am sweeping changes were effective in here is a copy of the report. This is no for a time agreement, enthusiastically helping the families get off welfare de- light-weight work. It is filled with for a time agreement. pendency. What we had before us was a graphs and percentages of children, age So, therefore, would individuals who welfare bill. In it we had some provi- 0 to 5 in 1982, living in poverty by num- want to speak on the McConnell sions to ascertain, to do research on ber of years in poverty; percentage of amendment call up the cloakroom, let how the bill was working out. Congress individuals living in poverty by num- us know how long they think they appropriated about $44 million a year bers of years in poverty. On and on it need, and which side they will be on so to conduct research on the benefits, goes. It has average monthly AFDC we can figure that out. The same goes the effects, the costs of the State pro- benefits by family and recipients in with the Lautenberg amendment. grams that were funded under this new current and constant dollars. It is a Time is of the essence. We will reach law. This new law was a radical depar- very, very thorough report. an agreement pretty quickly on the ture from the way business had been Now, my concern is that States have Lautenberg amendment. Now is the done in the past. Furthermore, we were been developing and implementing time for people to call with their provided money to study the costs of data collection systems for more than thoughts. the State programs funded under the a year now. For Congress to suddenly I suggest the absence of a quorum. new law and to evaluate innovative impose, as the Senator’s amendment The PRESIDING OFFICER. The programs they might have. does, new requirements for more infor- clerk will call the roll. Now, is the impact of welfare reform mation to track all former welfare re- The assistant legislative clerk pro- being studied? One of the points the cipients is a major undertaking and ceeded to call the roll. Senator from Minnesota makes is that something we should not enter into Mr. CHAFEE. Mr. President, I ask this is a subject worthy of study. Our lightly. The impact on States is likely unanimous consent that the order for point, Mr. President, is that it is being to be costly and burdensome. the quorum call be rescinded. studied. HHS, Health and Human Serv- The Senator’s amendment is good The PRESIDING OFFICER. Without ices, has awarded grants to conduct news for computer and data processing objection, it is so ordered. rigorous evaluations of State programs vendors, but it is unlikely to mean AMENDMENT NO. 1679 including a 5-year comparative study anything, I suspect, for families and Mr. CHAFEE. Now, Mr. President, of the Minnesota Work First Program. our efforts to combat welfare depend- before the Senate we have the In the Senator’s own State a study is ency. The amendment also calls for a Wellstone amendment? taking place. There are also studies on report which may give an inaccurate The PRESIDING OFFICER. The Sen- child care and child welfare being con- picture about the lives of individuals ator is correct. ducted by organizations such as the who enter and leave the welfare sys- Mr. CHAFEE. Mr. President, I will Urban Institute of Columbia University tem. talk a little bit about that. We have no and Harvard. time agreement, but I will be rel- Now, under the Welfare Act, the Sec- Now, the accent of the Senator’s atively brief, maybe 10 minutes. The retary of the Department of Health and amendment is on employment. Em- Senator from Minnesota will be rough- Human Services is required to make an ployment is an important reason that ly how long? annual report to Congress on whether families find economic self-suffi- Mr. WELLSTONE. Mr. President, I the States are increasing employment ciently, no question, but it is not the think I can probably try to keep my re- and earnings of needy families, and are only reason. Families leave welfare be- marks about 20 minutes or so. they increasing child support? I think cause child support is being collected Mr. CHAFEE. Then we would like to the child support was one of the points for the first time. They will leave be- go to a vote. At that time I will move that the Senator mentioned. The re- cause their children will have health to table. We will have a rollcall vote at port that is required from the Sec- insurance and no longer need take a that time, Mr. President. retary of HHS, the annual report, has risk of having their children without Now, Mr. President, the amendment to include progress on decreasing out- health insurance if their earnings are offered by the Senator from Minnesota of-wedlock pregnancies, how are we increased. would be timely if the Finance Com- doing on child poverty, reducing that. Mr. President, these are the reasons mittee were now considering a welfare It is to include demographic and finan- that I find the amendment well mean- bill. The matter before the Senate, the cial characteristics of families applying but unnecessary, particularly in basic underlying bill, is a highway bill, ing for assistance, the families receiv- view of the massive amount of reports financing for highways. ing assistance, and families that be- that are already being required, one of The amendment of the Senator from come ineligible for assistance. I know which I briefly indicated. Minnesota deals with welfare and ac- the Senator is particularly concerned The PRESIDING OFFICER. The Sen- counting for those welfare recipients about the effectiveness of employment ator from Minnesota is recognized. who have gone off the rolls, how have programs. He mentioned that in his Mr. WELLSTONE. First of all, let me they succeeded and what has become of amendment. thank my colleague from Rhode Island them. That is all well and good. But The Welfare Act requires a specific for his graciousness. For those who that has nothing to do with highways. study on moving families out of wel- might be watching this proceeding, my Therefore, Mr. President, I have fare through employment. That is al- colleague could have just simply tabled urged the Senator to attach it to a dif- ready required. It requires an annual this amendment. He didn’t do that. He ferent bill or withdraw it. I tried to ranking of the States in terms of the will eventually, but he has given me an

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1235 opportunity to respond to his argu- So I say to my colleagues that, in a half of it may be true—is a great Sen- ments. I want him to know that I ap- way, I think those that oppose this ator. I wanted to get his support. I am preciate it. amendment are trying to have it both disappointed because I don’t under- Mr. President, I won’t spend a lot of ways. On the one hand, they are argu- stand what the harm is in this amend- time on the question of this amending that we have already collected all ment. ment on the ISTEA bill—which is es- of this data. I think not, but if so, it’s With all due respect, you can get into sentially the highway bill for highways hardly an onerous requirement to say all this language that sounds kind of and, hopefully, more mass transit—be- to the Secretary: Please assemble this impersonal and kind of cold like, ‘‘We cause, as my colleagues know, Demo- data and give us a report every 6 already have studies, we don’t need it,’’ crats and Republicans alike, we look months as to what is really happening or ‘‘It is going to require us to obtain for vehicles whereby we can come out out there in the country. additional information, which might and introduce amendments that really If the opposition to my amendment— cost more money,’’ and ‘‘Somebody is speak to what we think are some real which I have heard from some people going to have to make the invest- concerns in the country. All of us do on the other side—is, ‘‘Wait a minute, ment.’’ that all of the time. I am doing it now. you are going to be asking the Sec- Well, Mr. President, imagine just for I am not so sure there will be, I say to retary for too much,’’ I say eventually a moment, just ponder this question: my colleague, a welfare bill that will we are going to get to the point where What if I’m right? be before the U.S. Senate any time there is going to have to be more of an Maybe other Senators have traveled soon. I introduce this amendment with investment. Because if the Secretary the country. I think I have done as some sense of urgency. I don’t think isn’t going to be able to provide us much travel as any other Senator in there is any evidence whatever that we with the data we need, with the report this Chamber, at least in poor commu- will have a welfare bill before the U.S. we need, based upon the data out there, nities, low-income communities. I Senate. So if I am going to have an op- then I say to you we will need more. think I have tried to stay as close to portunity to make an appeal to my col- That is all the more reason to go for- this as any other Senator. I am telling leagues, now is the time to do so. ward with this. you that in a whole lot of communities Second, I want to just make it clear So I am puzzled by the opposition. it is crystal clear that people live in what this amendment does and what it ‘‘We already have these studies that communities where the jobs aren’t does not do. I am puzzled by the opposi- are providing us with the information there. And in a whole lot of situation, with all due respect to my col- we need,’’ they say. So what is the tions—and you will have a lot of people league from Rhode Island. This amend- harm in having the Secretary present from your States who will tell you the ment just simply says to the Secretary reports to us every 6 months so we can same thing—these women are obtain- of Health and Human Services, please have some reassurance that these ing jobs, but they hardly pay a living give us a report based upon—not your mothers, these single parents, have wage. And one year from now, or what- going out and collecting all sorts of now been able to obtain employment ever, when they no longer receive med- other data—but based upon the data that they can support their family on, ical assistance, their families are going that is available to you. and the children aren’t home alone, to be worse off. My colleague just said that there will and first graders don’t go home alone I am hearing from a lot of States, in- be some good data available. Most peo- after school, and more children aren’t cluding my own State of Minnesota, ple that I know—I have a social science impoverished? Why in the world, if we which has a very low unemployment background—that have looked at this already have the studies out there, level and which is doing well economi- are saying you have a number of dif- would we not want to ask the Sec- cally. I am not here to bash States, but ferent people studying a number of dif- retary of Health and Human Services there are studies that raise a whole lot ferent things and it is fragmented and to provide us with this report? of questions, and there have been some does not focus on the main question I If, on the other hand, the basis of the articles that have raised a whole lot of am asking. Exactly how many of the opposition is what I think it is—be- questions about situations where some families are reaching economic self- cause I think this is the case—is that women haven’t shown up for orienta- sufficiency? This amendment just says this is already being done, as a matter tion sessions, and sometimes for good to the Secretary of Health and Human of fact what’s being done is pretty frag- reason, and it’s said that they don’t Services, please pull together the data mented. There is good work being done. necessarily want to work. There are that is available, reports prepared by Senator MOYNIHAN would be the first to communities that have incredibly long the Comptroller General, samples of say that we can do better, and that is waiting lists. The city of Los Angeles the Bureau of Census, surveys funded what this amendment says. Let’s ask had a waiting list of 30,000 for afford- by your own department, studies con- the Secretary of Health and Human able child care before the welfare bill. ducted by States, studies conducted by Services to take the additional studies Now, look, if I am right about this, if nongovernment organizations, and ad- that are out there—and my colleague I am right that what has happened—be- ministrative data from other Federal talked about some of them—and pro- cause all too often we know what we agencies. Please bring that data to- vide us with the report. If she cannot want to know and we don’t know what gether, coordinate that data and pro- really provide us with the information we don’t want to know—all too often, vide reports to us every 6 months as to we need, then we will cross that bridge what is going on here is, we say there exactly how many families are reach- when we come to it. I am not man- are 4 million fewer recipients, a 4 mil- ing economic self-sufficiency. The goal dating that she has to provide addi- lion reduction in the welfare rolls. The of that being to answer the question, tional information. I am saying what reform is a huge success, but that Are these families now at 150 percent of would be helpful to us, asking her to doesn’t mean we have seen a reduction poverty? Are they over poverty? What please bring together the data that is of poverty. I am just saying, should we kind of jobs do they have? What kind of out there, based on these reports, and not know what the situation is in the wages? Where are the children? Is child give us a report on the current situa- country? Should we not know what care available? How are people doing tion. That is what this amendment is kind of jobs, what wages, the child care on transportation? Are they able to get all about. situation, and should we not know to work? Have we had situations where Now, after having said that, I would whether these families are better off or people couldn’t take jobs in rural areas make an appeal to my colleagues. I worse off? Should we not know all of because they couldn’t get to the jobs? think on our side, I know Senator BAU- that, especially since built into that Have we had situations where people CUS is going to support the amend- legislation is a date certain whereby, don’t take jobs in the suburbs and ment. On our side I think there is pret- depending on the State, families will metro areas because they couldn’t get ty strong support for this. I hope there be eliminated from all assistance, the from ghettos to suburbs because of will be support for this on the other assumption being that all these people lack of transportation? That is all this side as well. I think the Senator from are now working and can support amendment calls for. That is all this Rhode Island—we all have these great themselves and their children. Is that amendment calls for. things to say about other people and assumption valid?

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1236 CONGRESSIONAL RECORD — SENATE March 3, 1998 Now, why in the world, I say to my I yield the floor. Mr. CHAFEE. Mr. President, I move colleagues, would you oppose this Mr. CHAFEE. Mr. President, as I to reconsider the vote by which the amendment? Why would you oppose mentioned before, we are dealing with motion was agreed to. this amendment? a highway bill here. This isn’t the ap- The PRESIDING OFFICER. Without One final time. This amendment just propriate place for that. When we did objection, the motion to lay on the asks the Secretary of Health and the welfare bill, I was the one who in- table the motion to reconsider is Human Services to please provide to us cluded in the welfare bill data collec- agreed to. a report based on the existing studies tion provisions. Should those data col- Mr. CHAFEE. Mr. President, what we with data that is out there, on what lection provisions be inadequate and would like to do now is move to a Lau- the situation is around the country, on need to be expanded along the lines the tenberg amendment dealing with alco- how many of these families are reach- Senator has suggested, I would be glad hol-blood content. The proposal is that ing economic self-sufficiency. Are they to work with him and see if we could there be 3 hours of debate equally di- out of poverty now? Are their children not include those by working with the vided. better off? That’s what we want. Or are Secretary of HHS. This, plainly, isn’t UNANIMOUS CONSENT AGREEMENT more families impoverished? Are the the right place for this amendment. Mr. CHAFEE. Mr. President, I ask jobs just minimum wage? Is there a If the Senator has nothing further, I unanimous consent that Senator LAU- lack of child care? Is the transpor- move to table the amendment of the TENBERG be recognized to offer an tation available or not? Why would we Senator from Minnesota and ask for amendment on blood-alcohol content not want to know that? the yeas and nays. and that there be 3 hours for debate, You know, I didn’t mention this ear- The PRESIDING OFFICER. Is there a equally divided, under the control of lier, Mr. President, but there is an- sufficient second? Senator LAUTENBERG and Senator other amendment I will bring out here There is a sufficient second. CHAFEE. I further ask unanimous con- on the higher ed bill. I wonder if my The yeas and nays were ordered. sent that there be 1 hour remaining, colleagues know this. In all too many The PRESIDING OFFICER. The equally divided, for debate. In other States, single parents who are in question is on agreeing to the motion words, do 2 hours tonight and 1 hour school and community colleges are now to table the amendment of the Senator tomorrow. The leader has indicated being told they have to leave college to from Minnesota. The yeas and nays that we are to come in at 9 a.m. and take a job. Now, here are the parents have been ordered. that the vote will be at 10 a.m.; at 10 that are on the path to economic self- The clerk will call the roll. a.m., the Senate proceed to vote on or sufficiency. They are in school. They The assistant legislative clerk called in relation to the Lautenberg amend- are trying to complete their college the roll. ment. I further ask unanimous consent education so they can get a good job Mr. NICKLES. I announce that the that no additional amendments be in and support their families. They are Senator from Colorado (Mr. ALLARD) is order prior to the vote in relation to being told that, because of the welfare necessarily absent. the Lautenberg amendment. reform bill, they can’t complete their Mr. FORD. I announce that the Sen- Mr. BAUCUS. Reserving the right to object. education. Talk about something that ator from Ohio (Mr. GLENN), the Sen- The PRESIDING OFFICER. The Sen- is shortsighted and harsh, something ator from Hawaii (Mr. INOUYE), are nec- that is myopic. Well, that is another ator from Montana. essarily absent. Mr. BAUCUS. Might I ask the chair- story and another amendment later on. The PRESIDING OFFICER (Mr. GOR- man of the committee—and we are But for now, please support this TON). Are there any other Senators in amendment. Please ask the Secretary checking on this—if that 10 o’clock can the Chamber desiring to vote? be delayed until 10:30? There is a prob- of Health and Human Services to pro- The result was announced—yeas 54, vide us with the data. Please, col- lem on our side with a vote at 10 nays 43, as follows: o’clock. leagues, at least let’s have a focus on [Rollcall Vote No. 19 Leg.] Mr. CHAFEE. I suggest the absence this, let’s have the information before YEAS—54 of a quorum. us, let’s know what is going on, let’s The PRESIDING OFFICER. The make sure that these women and chil- Abraham Gorton McCain Ashcroft Gramm McConnell clerk will call the roll. dren are doing better. That would Bennett Grams Murkowski The legislative clerk proceeded to make us more responsible policy- Bond Grassley Nickles call the roll. makers. Brownback Gregg Roberts Burns Hagel Roth Mr. CHAFEE. Mr. President, I ask Finally, I say to my colleague, if it Campbell Hatch Santorum unanimous consent that the order for doesn’t pass—and I hope it will—this is Chafee Helms Sessions the quorum call be rescinded. an amendment on ISTEA, but I will Cochran Hutchinson Shelby The PRESIDING OFFICER. Without come back with these amendments Collins Hutchison Smith (NH) Coverdell Inhofe Smith (OR) objection, it is so ordered. over and over again. Because it is my Craig Jeffords Snowe Mr. CHAFEE. Now, Mr. President, I firm belief as a U.S. Senator that we D’Amato Kempthorne Specter modify the unanimous consent request, can’t turn our gaze away from this. DeWine Kohl Stevens and as a matter of fact, I will just read Domenici Kyl Thomas These are citizens who are not the Enzi Lott Thompson it over again so everybody will under- heavy hitters, these are citizens that Faircloth Lugar Thurmond stand it. I ask unanimous consent that are not the givers, these are citizens Frist Mack Warner Senator LAUTENBERG be recognized to that do not have the lobbyists. These NAYS—43 offer an amendment regarding drinking are, in the main, poor people—mainly Akaka Durbin Lieberman levels, and there be 3 hours for debate, women and children. I think it is im- Baucus Feingold Mikulski equally divided, and the time be under portant that we understand what is Biden Feinstein Moseley-Braun the control of Senator LAUTENBERG and happening to them, and it is important Bingaman Ford Moynihan Senator CHAFEE. I further ask unani- Boxer Graham that we have the right information, Murray mous consent that there be 1 hour, Breaux Harkin Reed and it is important that we do our very Bryan Hollings Reid equally divided, for debate tomorrow best to be responsible policymakers Bumpers Johnson Robb morning—in other words, do 2 hours to- Byrd Kennedy Rockefeller and make sure that these families Cleland Kerrey night and 1 hour tomorrow morning— Sarbanes aren’t worse off and that these children Coats Kerry that we come in at 9:30 a.m., and go Torricelli are not in harm’s way. How in the Conrad Landrieu straight to the remaining hour on the Wellstone world, colleagues, can you vote against Daschle Lautenberg amendment, and at the hour of 10:30 Dodd Leahy Wyden the proposition that we ought to have Dorgan Levin a.m. the Senate proceed to vote on or as much information as possible before in relation to the Lautenberg amend- us so that we make sure these children NOT VOTING—3 ment. I further ask unanimous consent are not endangered, so that we can Allard Glenn Inouye that no additional amendments be in make sure these families are better The motion to lay on the table the order prior to the vote in relation to off? amendment (No. 1679) was agreed to. the Lautenberg amendment.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1237 The PRESIDING OFFICER. Is there ating a motor vehicle in the State is guilty will not be speaking against it. So I objection? of the offense of driving while intoxicated (or wish Senators who are opposed to this Mr. BAUCUS. Mr. President, I thank an equivalent offense that carries the great- amendment would come to the floor. the chairman for making that adjust- est penalty under the law of the State for op- Thank you. I want to thank the Sen- erating a motor vehicle after having con- ment. I appreciate it very much. sumed alcohol). ator from New Jersey. The PRESIDING OFFICER. Without ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF Mr. LAUTENBERG addressed the objection, the unanimous consent re- COMPLIANCE AND NONCOMPLIANCE.— Chair. quest is agreed to. ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD The PRESIDING OFFICER. The Sen- Mr. CHAFEE. Has that been agreed FUNDS.— ator from New Jersey. to, Mr. President? ‘‘(A) FUNDS WITHHELD ON OR BEFORE SEP- Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. It has. TEMBER 30, 2003.—Any funds withheld under offer this amendment with my col- Mr. CHAFEE. Mr. President, the ma- subsection (a) from apportionment to any league from Ohio, Senator MIKE State on or before September 30, 2003, shall jority leader has informed me that DEWINE, and I include, as cosponsors, remain available until the end of the third Senator LIEBERMAN, Senator FAIR- there will be no further votes this fiscal year following the fiscal year for evening. And so we will now start the which the funds are authorized to be appro- CLOTH, Senator BOXER, Senator HELMS, debate on the Lautenberg amendment, priated. Senator GLENN, Senator DURBIN, Sen- with 2 hours. ‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER 30, ator FEINSTEIN, Senator BINGAMAN, The PRESIDING OFFICER. Under 2003.—No funds withheld under this section Senator MOYNIHAN, Senator HATCH, the previous order, the Senator from from apportionment to any State after Sep- Senator WELLSTONE, Senator AKAKA, New Jersey is recognized. tember 30, 2003, shall be available for appor- Senator DODD, Senator KERRY from tionment to the State. AMENDMENT NO. 1682 TO AMENDMENT NO. 1676 Massachusetts, Senator INOUYE, Sen- ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS ator MOSELEY-BRAUN, Senator BUMP- (Purpose: To provide for a national standard AFTER COMPLIANCE.—If, before the last day of to prohibit the operation of motor vehicles the period for which funds withheld under ERS, Senator REED, Senator SMITH of by intoxicated individuals) subsection (a) from apportionment are to re- Oregon and Senator ROCKEFELLER join Mr. LAUTENBERG. Mr. President, I main available for apportionment to a State me as cosponsors in the amendment; send an amendment to the desk and under paragraph (1)(A), the State meets the and Senator CHAFEE, the chairman of ask for its immediate consideration. requirements of subsection (a)(3), the Sec- the committee. And all together, we The PRESIDING OFFICER. The retary shall, on the first day on which the have 23 bipartisan cosponsors. That is clerk will report. State meets the requirements, apportion to the way it ought to be because this is The legislative clerk read as follows: the State the funds withheld under sub- on behalf of the victims of drunk driv- section (a) that remain available for appor- The Senator from New Jersey [Mr. Lauten- tionment to the State. ing crashes—over 17,000 deaths and berg], for himself, Mr. DeWine, Mr. Lieber- ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE- about one million injuries each year. man, Mr. Faircloth, Mrs. Boxer, Mr. Helms, QUENTLY APPORTIONED FUNDS.— This amendment, the Safe and Sober Mr. Glenn, Mr. Durbin, Mrs. Feinstein, Mr. ‘‘(A) IN GENERAL.—Any funds apportioned Streets Act, establishes the legal limit Bingaman, Mr. Moynihan, Mr. Hatch, Mr. under paragraph (2) shall remain available for drunken driving at .08 blood alcohol Wellstone, Mr. Akaka, Mr. Dodd, Mr. Kerry, for expenditure until the end of the third fis- content in all 50 States. Establishing Mr. Inouye, Ms. Moseley-Braun, Mr. Bump- cal year following the fiscal year in which ers, Mr. Reed, Mr. Smith of Oregon, Mr. .08 as the legal definition of drunk driv- the funds are so apportioned. ing is responsible, effective, and it is Rockefeller and Mr. Chafee proposes an ‘‘(B) TREATMENT OF CERTAIN FUNDS.—Sums amendment numbered 1682 to amendment not obligated at the end of the period re- the right thing to do. This amendment, No. 1676. ferred to in subparagraph (A) shall— if enacted into law, will save lives. And Mr. LAUTENBERG. Mr. President, I ‘‘(i) lapse; or it is our moral imperative, as legisla- ask unanimous consent that further ‘‘(ii) in the case of funds apportioned under tors, to pass legislation that will make reading of the amendment be dispensed section 104(b)(1)(A), lapse and be made avail- our communities, our roads and, of with. able by the Secretary for projects in accord- course, our families safe. The PRESIDING OFFICER. Without ance with section 118. This is the logical next step in the ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the objection, it is so ordered. fight against drunk driving. It will end of the period for which funds withheld build on what we started in 1984, when The amendment is as follows: under subsection (a) from apportionment are At the end of subtitle D of title I, add the available for apportionment to a State under Democrats, Republicans, and President following: paragraph (1)(A), the State does not meet the Reagan joined together to set a na- SEC. 14ll. NATIONAL STANDARD TO PROHIBIT requirements of subsection (a)(3), the funds tional minimum drinking age to 21. OPERATION OF MOTOR VEHICLES shall— And since that time, we have saved BY INTOXICATED INDIVIDUALS. ‘‘(A) lapse; or over 10,000 lives. And contrary to the (a) IN GENERAL.—Chapter 1 of title 23, ‘‘(B) in the case of funds withheld from ap- concern of the restaurant and the liq- United States Code, is amended by inserting portionment under section 104(b)(1)(A), lapse after section 153 the following: uor business, those businesses have not and be made available by the Secretary for gone under, like many warned us about projects in accordance with section 118.’’. ‘‘§ 154. National standard to prohibit operat the time. ation of motor vehicles by intoxicated indi- (b) CONFORMING AMENDMENT.—The analysis viduals for chapter 1 of title 23, United States Code, Mr. President, the question before us is, should a 170-pound man be allowed ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR is amended by inserting after the item relat- NONCOMPLIANCE.— ing to section 153 the following: to have more than four beers in 1 hour, ‘‘(1) FISCAL YEAR 2002.—The Secretary shall ‘‘154. National standard to prohibit oper- on an empty stomach, and get behind withhold 5 percent of the amount required to ation of motor vehicles by in- the wheel of a car? And our answer is, be apportioned to any State under each of toxicated individuals.’’. absolutely not. This amendment goes paragraphs (1)(A), (1)(C), and (3) of section Mr. CHAFEE. I wonder if the Senator after drunk drivers, not social drink- 104(b) on October 1, 2001, if the State does not will yield me 1 minute? ers. meet the requirements of paragraph (3) on Mr. LAUTENBERG. I am happy to. And while we are pushing for enact- that date. Mr. CHAFEE. Mr. President, I urge ment of this legislation, I have had the ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec- retary shall withhold 10 percent (including Senators who are opposed to the honor of getting to know some families any amounts withheld under paragraph (1)) amendment to come to the floor. I am who have experienced the ultimate of the amount required to be apportioned to designated as in control of the time in tragedy—the Frazier family from any State under each of paragraphs (1)(A), opposition, but I will confess I am for Maryland. Randy and Brenda’s daugh- (1)(C), and (3) of section 104(b) on October 1, the amendment so I will not be speak- ter Ashley, 9 years old, was tragically 2002, and on October 1 of each fiscal year ing against it. And for those Senators killed by a .08 drunk driver 2 years ago. thereafter, if the State does not meet the re- who wish time, now is the time to This person’s blood alcohol content quirements of paragraph (3) on that date. come over. level was .08. What we are trying to do ‘‘(3) REQUIREMENTS.—A State meets the requirements of this paragraph if the State has There are 2 hours. We have an hour in is to establish the fact that .08 is a dan- enacted and is enforcing a law providing that opposition to the amendment. Obvi- gerous level for people on our roads and an individual who has an alcohol concentra- ously, I am prepared to turn over the highways. The Fraziers have lent tion of 0.08 percent or greater while oper- time to anybody in opposition. But I themselves courageously to this fight,

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1238 CONGRESSIONAL RECORD — SENATE March 3, 1998 to enact this .08 BAC level across the goes on—Advocates for Highway and Nearly all highway safety organizations land. Auto Safety. and physicians groups consider a blood alco- Last March, Randy Frazier issued a And we have had newspaper edi- hol content reading of .08 as sufficient evi- call to Congress, a call that I believe torials, such as the New York Times dence of a drunk driver. That is the standard in Virginia and 14 other states, and it is captures what this issue is all about. and the Washington Post and the Balti- hardly an unreasonable limit: A 170-pound He said, ‘‘It is time for leadership and more Sun. I ask, Mr. President, unani- man could consume four drinks in one hour action here in the Congress to draw a mous consent to have printed in the on an empty stomach and still come in below safer, saner, and more sensible line RECORD letters and editorials in sup- .08; a 135-pound woman could down three against impaired driving at .08. If we port of this amendment. drinks and do the same. But Maryland, the truly believe in family values, then .08 There being no objection, the mate- District and 34 other states have a looser ought to become the law of the land. rial was ordered to be printed in the standard—of .10. Why not agree on .08? There ought to be a national standard, and Four beers-plus in an hour—now, RECORD, as follows: such a proposition is now before Congress, that is on an empty stomach, Mr. [From the New York Times, Feb. 26, 1998] with support from across the political spec- President. That is not casual. That is ONE NATION, DRUNK OR SOBER trum. Legislation cosponsored in the Senate not a casual level. An empty stomach, The danger posed by an intoxicated driver by Sens. Frank Lautenberg and Mike four beers in an hour—a 170-pound per- does not change when the driver crosses DeWine and in the House of Reps. Nita son is already impaired in their reac- state lines. Neither should the legal test for Lowey, Connie Morella and more than 40 tion to situations. They should not be sobriety. That is the practical thinking be- other members would withhold federal trans- allowed to get behind the wheel of a hind pending legislation in Congress to cre- portation funds from states without a .08 ate one uniform Federal standard for drunk- standard. The logic is simple enough: Driv- car and create a situation that is the ing is an interstate activity. antithesis of what we call the protec- en driving. Some critics say the measure would infringe on states’ rights. But this is a One sorry explanation for the failure of tion of the family. problem that transcends state boundaries, states to adopt a .08 limit is that lobbyists As we debate this issue, I want each requiring a tough, consistent national ap- for liquor interests have worked to kill the of my colleagues to consider two proach. idea in state legislatures. In Congress they things: First, ask yourself, have we The measure, sponsored by Senators Frank have trotted out states’ rights objections. done enough to combat drunk driving Lautenberg of New Jersey and Mike DeWine But states that are softest on drunk driving in this country? The answer to that of Ohio, and Representatives Nita Lowey and could keep their looser standards—it’s just Benjamin Gilman of New York, would set a that federal taxpayers would not underwrite question, in my view, is absolutely not. transportation projects for these states. Why Second, is a person whose blood alcohol national blood alcohol limit of .08 percent. States would have three years to enact this should they, when looser laws mean more content is .08 percent a threat to them- limit before losing a percentage of their tragedies that cost the public that much selves and others on the road? And the highway construction funds. This same ap- more in health bills—and in lives lost? answer to that one, of course, is a re- proach was used to encourage compliance Federal incentives to adopt safety meas- sounding yes. with the lifesaving 1984 law that established ures do work. There are now 44 states that Adopting this amendment will sim- the 21-year-old drinking age. have a zero-tolerance policy for minors who ply bring the United States of America Currently, only 15 states set their drunk- drink and drive, and results show that the en-driving threshold at .08. Elsewhere it number of traffic deaths involving teenagers into the ranks of most other industri- and alcohol has fallen nearly 60 percent be- alized nations in this world in setting takes a higher level, .10, to put a driver over the legal limit. Thus most of the country tween 1982 (before the federal law) and last reasonable drunk driving limits. would have to adopt the stricter .08 standard year. All of this long ago should at least Canada, Great Britain, Ireland, Italy, or lose Federal funding. This has lobbyists have propelled Maryland, the District and Austria, Switzerland, all have a .08 for liquor interests trying to depict the bill state legislators to move on their own. But BAC limit. France, Belgium, Finland as a heavy-handed assault on harmless social now Congress can bring still better sense to and the Netherlands have a limit of .05 drinking. But a blood alcohol level of .08 is highways by approving a uniform, nationally BAC—half of what we commonly have sufficient to cause unacceptable damage to a understood definition of a dangerous driver. driver’s reflexes, judgment and control. in our country. Sweden is practically [From the Baltimore Sun, Oct. 25, 1997] Moreover, the .08 level still allows for consid- down to zero—.02 BAC. LOWER THRESHOLD FOR DRUNKEN DRIVING We heard today from President Clin- erable consumption. An average 170-pound man, experts say, could imbibe more than You’re driving on the beltway. The motor- ton. He is very aggressively supporting four shots of hard liquor in an hour—and on ist in the next lane consumed four beers dur- this amendment. Other supporters in- an empty stomach—before reaching a blood ing the past hour. To paraphrase Clint clude Transportation Secretary Rod- alcohol concentration of .08. Eastwood, do you feel lucky? ney Slater. They include organizations Far from a moralistic assault on moderate Amazingly, that tipsy driver may be with- like the National Safety Council; the social drinking, the bill is a reasonable effort in his legal rights in Maryland and 34 other National Transportation Safety Board; to save lives. Over 40 percent of all traffic fa- states where a blood-alcohol concentration talities are alcohol-related, and close to one- of 10 is the minimum to be considered drunk. the National Center for Injury Preven- In recent years, Virginia and 14 other states tion and Control of the Center for Dis- fourth of those crashes involve drivers with an alcohol level under the generous .10 have stiffened their definition of intoxicated ease Control; the American Automobile standard. As many as 600 lives would be driving to .08. That’s still more than four Manufacturers Association; Kemper In- spared each year, and countless other serious drinks for a 170-pound man on an empty surance; State Farm and Nationwide accidents avoided, if .08 were imposed na- stomach, more than three for a 135-pound insurance companies; MADD, Mothers tionwide. woman. Against Drunk Driving, of course; the With support from President Clinton and Yet the state-by-state movement to .08 has stalled, often because lobbyists for liquor in- American College of Emergency Physi- lawmakers from both parties, the measure stands a good chance of winning approval terests have successfully smothered it in the cians. various legislatures. The liquor industry is I had a talk with a physician today when the Senate tackles the contentious issue of highway funding beginning next foolish, because automobile deaths rooted in at the White House when we presented week—provided, of course, that generous po- alcohol will only heap scorn on the business, this BAC .08 bill. And a physician, the litical giving by liquor interests does not but it is reflexively battling .08 laws none- head of an emergency room in the overshadow the needs of public safety. theless. State of Wisconsin, told me that emer- President Clinton and several lawmakers gency rooms are sometimes so filled [From the Washington Post, Nov. 8, 1997] believe it is time to confront drunken driving with a national thrust, as the govern- with drunk drivers who had been in ac- DRUNK IN ONE STATE, NOT THE OTHER? ment is doing now to battle another killer, cidents, that they cannot adequately Drunk drivers are deadly threats no mat- tobacco. calibrate the blood alcohol testing mater where they speed or weave in this coun- Under Senate Bill 412, authored by Sens. chine. The room is sometimes so filled try. Yet a driver who is certifiably drunk in Frnak R. Lautenberg, a New Jersey Demo- from the victim’s liquor-stained breath Virginia can roll to a ‘‘sobriety’’ of sorts crat, and Michael DeWine, an Ohio Repub- that they had to leave the room to set merely by crossing into Maryland. That is a lican, transportation funds would be with- life-threatening inconsistency that exists held from states without a .08 standard. the calibration on the blood alcohol around the country because there is no uni- Washington took a similar stand on teen testing machine. form standard of drunkenness on the roads. drinking and driving in 1984—with dramatic Other supporters include the Con- There could and should be a clear and effec- effect. Traffic deaths involving teen-agers sumer Federation of America, National tive standard—and Congress has legislation and alcohol dropped nearly 60 percent be- Fire Protection Association—the list before it to bring this about. tween 1982, prior to the federal law, and 1996.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1239 That was twice the drop in alcohol-related organizations in trauma and burn care. The defining drunk driving at .08 BAC by encour- traffic fatalities for the population at large. Coalition for American Trauma Care seeks aging all states to adopt this limit. There was also a 25 percent drop in surveys to improve trauma and burn care through The facts cannot be disputed. Too many of teens who described themselves as heavy improved care delivery systems, prevention lives have been lost and many more are put drinkers, suggesting that the force of law efforts, research, and by protecting reim- at risk every day by drunk drivers. As emer- nudges people to drink more responsibly. bursement for appropriately delivered serv- gency physicians, we believe that our success That’s a critical and little recognized benefit ices. is measured not only by the lives we save in of a 08 law. In fact, states that switched to The Coalition appreciates your efforts to the emergency department, but also by the .08 recorded an 18 percent decline in fatal save lives by enacting tougher drunk driving lives we save through prevention. Thus, we crashes involving drivers with blood-alcohol laws and stands ready to support you. urge you to support and help pass this im- rates of .15. Sincerely, portant highway safety measure. Medical researchers estimate 600 lives HOWARD R. CHAMPION, MD, Sincerely, would be saved a year with a .08 law. That President. LARRY A. BEDARD, MD, FACEP has been the experience in other nations President. with stricter standards than ours, including NATIONAL SAFETY COUNCIL, wine-rich France and Japan, which has fewer Itasca, IL, December 8, 1997. AMERICAN AUTOMOBILE, drunken driving deaths than Maryland alone The Hon. FRANK LAUTENBERG, MANUFACTURERS ASSOCIATION, 475 vs. 671). Even in the U.S. though, the pub- The Hon. MIKE DEWINE, lic isn’t as willing to wink at tipsy drivers as U.S. Senate, Washington, DC, March 2, 1998. it was years ago, after hearing of or being Washington, DC. The Hon. FRANK R. LAUTENBERG, hurt by the deaths of individuals, of families, DEAR SENATORS LAUTENBERG AND DEWINE: U.S. Senate, Hart Senate Office Bldg., Wash- even a princess. The National Safety Council is writing to ington, DC. Four drinks in one state make you no less offer our strong support for The Safe and DEAR SENATOR LAUTENBERG: This letter is drunk than four drinks in another. The abun- Sober Streets Act of 1977, S. 412, and for your to urge your support for legislation that dant evidence justifies a national response. plan to include the bill in legislation to re- would provide states with an incentive to authorize the Intermodal Surface Transpor- adopt and enforce an anti-drunk driving KEMPER, tation Efficiency Act. standard of 0.08 Blood Alcohol Concentration Washington, DC, October 20, 1997. Drunk driving remains a national shame. (BAC). Such a proposal is contained in S. 412, Hon. MIKE DEWINE, Despite progress over the years, 41% of all the Safe and Sober Streets Act, co-sponsored Russell Senate Office Building, motor vehicle fatalities—more than 17,000 by Senators Lautenberg, DeWine and twen- Washington, DC. lives lost—involve alcohol. Yet the current ty-one others. This proposal is expected to be Hon. FRANK R. LAUTENBERG, legal blood alcohol concentration (BAC) in offered as an amendment to S. 1173, the Hart Senate Office Building, most states is .10, the highest in the indus- ISTEA reauthorization bill. Washington, DC. trialized world. According to the U.S. Department of DEAR SENATORS DEWINE AND LAUTENBERG: The National Safety Council long has sup- Transportation’s most recent report, alco- You are both to be complimented for step- ported setting the BAC limit for adult driv- hol-related crashes account for 40 percent of ping forward to offer S. 412, ‘‘The Safe and ers at .08, a point at which driving skills are all traffic fatalities. While good progress has Sober Streets Act of 1997,’’ to the pending re- proven to be compromised. If every state been made over the past decade, the number authorization of the Intermodal Surface adopted .08, an estimated 500–600 lives a year of alcohol-related deaths is still over 17,000 Transportation Efficiency Act. could be saved. Although 15 states now have each year. In addition, some 1.4 million driv- While we as a nation have made progress in BAC limits of .08, incentive grants and public ers were arrested in 1995 alone for driving the effort to make drinking and driving un- policy arguments alone have not succeeded under the influence of alcohol. acceptable in our society, alcohol related in ensuring wider adoption of .08 laws. Moreover, safety belt use, now required by traffic crashes continue to be a sizable prob- Strong federal leadership is needed to 49 states, is markedly lower among drivers lem. Drunk driving fatalities actually in- achieve a uniform national BAC limit of .08. creased in 1995 for the first time in a decade. That is why we believe enactment of S. 412, and occupants involved in alcohol-related Your legislation would require the states which links adoption of .08 laws to federal crashes. to enact a blood alcohol concentration highway funding, is a necessary and impor- Clearly, more needs to be done. Currently, threshold of .08% for impaired driving or suf- tant step. Laws which set the legal BAC in most states the standard for ‘‘legal’’ in- fer a loss in federal highway construction limit at .08 are a needed part of the combina- toxication is 0.10 BAC, while states that have funding. This provision should reverse the tion of programs and policies which must be enacted .08 BAC legislation have witnessed drunk driving fatality trend and save several in place if we are to win the fight against significant reductions in alcohol-related hundred lives each year. The .08 threshold is drunk driving. traffice fatalities, according to statistics currently in place in Canada, many western The National Safety Council commends compiled by Mothers Against Drunk Driving. European countries and in fifteen states in and thanks you for your leadership on this AAMA and its member companies, Chrys- the U.S. All of the medical evidence indi- critical issue. ler, Ford and General Motors strongly urge cates that .08 is a sensible threshold to meas- Sincerely, your support of this legislation. ure driver impairment. GERARD F. SCANNELL, Sincerely, You may feel confident of our companies’ President. ANDREW H. CARD, Jr. wholehearted support of your joint initia- President. tive. AMERICAN COLLEGE OF Sincerely, EMERGENCY PHYSICIANS; Mr. LAUTENBERG. But more impor- MICHAEL F. DINEEN, Dallas, TX, September 24, 1997. tant than the scores of businesses, Vice President, Legislative Affairs. The Hon. FRANK R. LAUTENBERG, health and science organizations, gov- Hart Senate Office Building, ernmental agencies, public opinion THE COALITION FOR Washington, DC. leaders, is the support from the fami- AMERICAN TRAUMA CARE, DEAR SENATOR LAUTENBERG: The American lies and friends of victims of drunk Reston, VA, September 3, 1997. College of Emergency Physicians (ACEP), driving—like, as I mentioned before, Hon. FRANK LAUTENBERG, representing 19,000 emergency physicians and U.S. Senate, the patients they serve, urges you to cospon- the Fraziers. They come from West- Washington, DC. sor S. 412, the ‘‘Safe and Sober Streets Act of minster, MD. They lost their 9-year-old DEAR SENATOR LAUTENBERG: The Coalition 1997,’’ introduced by Senators Frank Lauten- daughter Ashley. for American Trauma Care is very pleased to berg (D–NJ) and Mike DeWine (R–OH). I have also gotten to know very well endorse ‘‘The Safe and Sober Streets Act of Emergency physicians witness first-hand some people from New Jersey, Louise 1997,’’ that would set a national standard for the serious injuries and fatalities that result defining drunk driving a .08 Blood Alcohol from drunk driving. Last year, drunk driving and Ronald Hammell of Tuckerton, NJ. Content (‘‘BAC’’). The Coalition commends caused more than 17,000 deaths on our na- They lost their son Matthew who was your leadership in introducing this legislation’s highways. Epidemiologic data has well growing up in the full bloom of life— tion that will help save the more than 17,000 established that all drivers are impaired at a very positive, doing things for the com- lives that are lost each year on our nation’s blood alcohol concentration (BAC) of .08. munity and others. He ultimately highways due to drunk driving. Nothing Furthermore, at this level, the risk of being sought to be a minister, the wonderful could be more important during this week in a crash increases significantly. young man. He was rollerblading on when the world mourns the tragic death of For many years, the College has supported the other side of the highway from the Princess Diana, a victim of drunk driving. the National Highway Traffic Safety Admin- The Coalition for American Trauma Care istration’s (NHTSA) recommendation that car that became involved in his death, is a not-for-profit organization representing states adopt .08 BAC as the legal standard for and that driver crossed over the yellow leading trauma and burn surgeons, leading intoxication. The ‘‘Safe and Sober Streets line dividing the two lanes of traffic, trauma center institutions, and 16 national Act’’ would establish a national standard for and came all the way to the shoulder

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1240 CONGRESSIONAL RECORD — SENATE March 3, 1998 and killed this young man, and so early motor vehicle deaths and injuries. The Mr. President, there are 10 facts that in his life that he had not really yet first step in combating this epidemic is demonstrate the need for this amend- begun to develop. to inject the sense of sanity in our Na- ment: Who opposes this amendment? That tion’s drunk driving laws and by enact- Fact No. 1: Drunk driving continues is the question we have to ask our- ing the Safe and Sober Streets Act. to be a shameful epidemic that de- selves. The American Beverage Insti- The amendment we have in front of us stroys our families and communities: tute, the National Restaurant Associa- will go a long way toward reducing the 17,000 deaths each year to drunk driv- tion, the Beer Wholesalers, what is it deadly combination of drinking and ing. Isn’t 17,000 too many? Each year in that they have in mind when they op- driving. this country more people are killed in pose this? They say that ‘‘Oh, we’re Mr. President, my amendment, which alcohol-related crashes than are mur- going to lose business,’’ that you ought would have the effect of lowering this dered by firearms. Families and friends to be targeting the chronic heavy Nation’s tolerance for drinking and of drunk driving victims experience drinker. driving by 20 percent, is what ought to tremendous grief which changes their Well, we are after the heavy drinker. be considered now. This amendment re- lives forever. Moreover, deaths and in- That is why we have those roadblocks. quires all States to define the point at juries from alcohol-related crashes And it is sometimes very hard to stop which a driver would be considered to have an enormous economic impact as those who are so addicted to a sub- be drunk as .08 blood alcohol content. well. Alcohol-related crashes cost soci- stance that they cannot control them- Fifteen States already have .08 BAC ety over $45 billion every year. selves and wind up harming others. But and would be unaffected by my amend- One alcohol-related fatality is esti- does that mean that we ought not to ment. My State of New Jersey does not mated to cost society about $950,000, bother because some get away with it? have a .08 BAC, nor does the State of and an injury averages about $20,000 in We know that we have to have traffic my chief colleague in this, Senator emergency and acute health care costs, rules, we have to have red lights. Some MIKE DEWINE, from Ohio, who is well long-term care and rehabilitation, po- people do not obey them. But the fact aware of that deficiency in the State lice and court costs, insurance, lost of the matter is, the majority is well- law. productivity, and social services. served by having rules that protect the Mr. President, .08 is a reasonable and The problem exists, and we must do responsible level at which to draw the public. more to reduce drunk driving. The Organizations, Mr. President, which line in fighting drunk driving. Despite American people agree. Reducing support this amendment have one what we are all hearing from special drunk driving is the No. 1 highway thing in mind—the public’s interest, interests and their lobbyists, at .08 a safety issue for the American people. the health and safety of our commu- person is drunk and should not be driv- Mr. President, here is a chart reflecting. Their reaction is impaired. They nities and of our roads and of our fami- ing a Lou Harris poll conducted 1 year can’t stop quick enough; they accel- lies. Organizations who oppose this ago that found that 91 percent of the erate too fast; they turn too errati- amendment have one interest in respondents believe that the Federal cally. role in assuring highway safety is crit- mind—they only care about protecting In fact, Congress, in its wisdom, set ical. What do Americans consider to be their narrow special interest. the limit for commercial motor vehicle We have to make that judgment here. the No. 1 highway safety problem? drivers at .04 BAC in the 1980s. So, Con- Drunk driving continues to be a na- Fifty-two point nine percent look at gress clearly understands the connec- drunk driving as the No. 1 highway tional scourge that imposes tremen- tion between the consumption of alco- safety problem; 18.6 percent look at dous suffering on the victims of drunk hol and the critical ability needed to drivers who exceed the posted speed driving crashes and their loved ones. drive a vehicle safely on our highways. In 1996, 17,126 people were killed in al- Mr. President, .08 BAC is just com- limit by more than 15 miles per hour; cohol-related crashes. About one mil- mon sense. Think of it this way: You 13.7 percent, young or unexperienced lion people were injured in alcohol-re- are in your car, driving on a two-lane drivers; 6.2 percent, elderly drivers; 5.7 lated crashes. And I point out, Mr. road at night. Your child is traveling percent, highways in poor condition. President, that in the worst year of the with you. You see a car’s headlights The poll showed the two principal Vietnam war—an event that scarred approaching. The driver in this case is causes of problems on our highways are the hearts and the minds of people a 170-pound man who just drank five drunk driving and those who are speed- across our country—in 1 year, the bottles of beer in an hour on an empty ing, with drunk driving overwhelm- worst year in Vietnam, we lost just stomach in a bar. If he were driving in ingly the most feared matter for high- over 17,000 people. So here, every year, Maryland, he would not be considered way safety. we lose 17,000-plus people in drunk driv- drunk. But if he were driving in Vir- Fact No. 2: It takes a lot of alcohol ing crashes. And it compares to the ginia, he would be. Does it make sense? for a person to reach .08, contrary to worst year of a war that left our Na- We should not have a patchwork quilt what most people think and contrary tion in mourning for many years. of laws when we are dealing with drunk to information being given out by the Every one of these deaths and inju- driving. alcohol lobby. I want to clear this up. ries could have been prevented had the We had the privilege of hearing the According to the National Highway driver decided to call for a ride, hand chief of police of Arlington County, Traffic Safety Administration and the the keys to a friend, or do anything VA, today at the White House. He National Safety Council, a 170-pound other than taking that wheel. When talked about what has happened since man would have to drink four and one- that person takes that wheel, it is as if Virginia reduced its BAC level to .08. half drinks in 1 hour on an empty they are carrying a gun. The only ques- They saw a marked improvement in stomach to reach .08 BAC; a female tion—when is that thing going to go the reduction of deaths on their high- weighing 137 pounds would have to off? It is no different. Murder is mur- ways. Here was someone who had the have three drinks in 1 hour, no food, der, and the victim is just as dead practical responsibility, the practical and she is still below .08. The male, at whether it comes from a drunk driving knowledge of seeing these victims, of 170 pounds, drinks four drinks and is accident or whether it comes from the tending to the injured people. He said still below .08. We are not talking pulling of a trigger. it works. Let’s do it. about the kind of drinking that is a Deaths and injuries that are due to Regarding this amendment, .08 uti- casual single glass of wine with dinner, drunk driving are not ‘‘accidents.’’ lizes what sound science and research contrary to what the lobbyists would They are predictable and preventable. proves, and interjects some reality in have you think. Every 30 minutes someone in Amer- our definition of drunk driving and ap- Mr. President, people with .08 BAC ica—a mother, a husband, a child, plies it to all 50 States so someone are drunk. Or as others say, they are grandchild, brother, sister—dies in an can’t drink more and drive in New blitzed, wasted, trashed, bombed. The alcohol-related crash. York than in New Jersey, or in this last thing they should do is get behind In the United States, 41 percent of all case, someone drinking in Maryland the wheel. We used to use an expression fatal crashes are alcohol-related. Alco- and driving to Virginia when their around the country, and I remember hol is the single greatest factor in blood alcohol level is beyond .08. hearing it often, ‘‘Let’s have one more

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Mr. Presi- and the proven solution at hand, we Safety Administration. They say at .08, dent, .08 laws are not the problem. have no misgivings . . .’’ President concentrated attention, speed control, They are the solution. Reagan, who was strictly a person who braking, steering, gear changing, lane Fact No. 7: Most other Western coun- liked to limit Federal power, said that. tracking and judgment are impaired. tries already have drunk driving laws ‘‘. . . we have no misgivings about this When you get down to even lower lev- that are .08 or less. Here are some of judicious use of Federal power.’’ els, half of what the current level is in the countries: Canada and Great Brit- Sanctions, which is what we are pro- 35 States in the country, .05, you are ain are .08; Australia varies between .05 posing, work and soft incentives do not talking about problems with tracking, and .08; Austria, .08; Switzerland, .08; work. Since .08 BAC laws were part of divided attention, coordination, com- France, The Netherlands, Norway, Po- the incentive grant program in 1993, prehension, and eye movement. land, Finland, .05; Sweden, .02. Are we only a handful of States have adopted We are not looking to abolish social owned by the liquor-producing estab- .08. Incentive grant problems are the drinking. We are not looking to create lishment? Are our families to be gov- alcohol industry’s best friend because a new temperance in society. What we erned by rules established by the liquor they rarely have positive effects. Most are saying is that .08 is dangerous if lobby? I think not. This amendment telling, no single State lost highway you are driving. would bring us into the civilized world funds as a result of the 21 drinking age Fact No. 4: The risk of being involved when it comes to drunk driving laws. law, and we expect no State to lose Most other countries have adopted in a crash increases substantially by highway funds from the zero tolerance these laws because they work. For ex- the time a driver reaches .08 BAC. The law. Some initiatives are important risk rises gradually with each BAC ample, over the past few years France has systematically reduced its legal enough to employ that tool. level, but then rises rapidly after a Fact No. 10: Based on past history, limit for drunk driving and has seen driver reaches or exceeds .08 BAC com- adopting .08 will not hurt the economy. measurable results. In France, the pared to drivers with no alcohol in There is no evidence that per capita country that is first in per capita wine their system. In single vehicle crashes, consumption of alcohol was affected in consumption, a motorist can have his drivers with BAC’s between .05 and .09 any of the five .08 BAC States exam- or her license revoked at .05 BAC and are 11 times more likely to be involved ined by NHTSA. A different, four-State can be jailed if caught driving at .08 in a fatal crash than drivers with a analysis conducted by several alcohol BAC. It is estimated that 33 percent of BAC of zero. all traffic fatalities in France are alco- industry organizations showed vir- Fact No. 5: .08 BAC laws have proven hol-related. tually no effect on overall consump- to reduce crashes and fatalities. One Fact No. 8: The American people tion. study of States with .08 BAC laws overwhelmingly support .08. When the In the alcohol industry analysis, found that the .08 BAC laws reduced question is asked, Would you be in Maine, which adopted .08 in 1988, saw a the overall incidence of alcohol fatali- favor of lowering the legal blood alco- slight dip in alcohol consumption in ties by 16 percent. In other words, the hol limit for drivers to .08, 66 percent of 1988, but restaurant sales actually in- involvement in fatal crashes is perva- the males said yes, 71 percent of the fe- creased 11 percent. Restaurants and the sive when alcohol is taken before the males said yes; the female, the mother, alcohol industry should support this driver gets behind the wheel. the one who inevitably feels most pain bill because they care about their pa- This study also found that .08 laws in a family when there is a loss, 71 per- trons. They don’t want to hear about reduced fatalities at higher BAC levels, cent said, Please, America, stop this; someone who just left their establish- meaning they had an effect on ex- get the blood alcohol limit down to a ment and wound up killed on a road a tremely impaired drivers. Separate sensible point. And as we saw even at few miles away. I don’t care how much crash statistics have confirmed that .05 people’s actions are impaired. So somebody drinks. They can drink until finding. When the National Highway what we are doing is the right thing they fall off the bar stool; but just Traffic Highway Safety Administration here. We hope we can get the liquor don’t get behind the wheel of a car. studied the effect of .08 in five States— people and some of the restaurant peo- This is a reasonable amendment. California, Maine, Oregon, Utah, and ple and beer wholesalers to come on We are not talking about prohibition. Vermont—it found significant reduc- over, join us, and be the kind of cor- Remember, when you are in a bar and tions in alcohol-related crashes in four porate citizens that we know you look at a table full of people, .08 ap- out of the five States, ranging from 4 would like to be. plies to only one of those people—the percent to 40 percent when compared to So NHTSA surveys all show that driver. the rest of the States with .10 BAC most people would not drive after hav- As my colleagues read the materials laws. You may hear that there is no ing two or three drinks in 1 hour and disseminated by the opponents of this ‘‘objective evidence’’ showing that .08 believe that the limit should be no measure, you have to think to yourself, works. We have heard statements like higher than that which would get them is .08 the right or the wrong thing to that before from the tobacco industry, there. do? You can only have one conclusion always declaring it is not proven, it is Fact No. 9: We need a national drunk if you care about your constituents. not sure, and it is not certain, but the driving limit. The best approach is the Don’t get tangled up in whether this is person who is dead is dead and the fam- one we employ because it works. This too broad a reach for the Federal Gov- ily that is broken-hearted stays bro- amendment is written the same way as ernment. Is it too broad a reach when ken-hearted for life. the 21-year-old drinking age law. If the the Federal Government saves lives, or Fact No. 6: Lowering the BAC limit medical and scientific evidence show when the Federal Government enacts to .08 makes it possible to convict seri- that a person is impaired at .08 BAC environmental legislation that takes ously impaired drivers whose levels are and should not be driving, why should lead out of public buildings? Is it too now considered marginal because they someone be deemed to be drunk in one much of a reach when the Federal Gov- are at or just over the .10 BAC, and the State but not the other? If they cross ernment posts warnings about air qual- judge says, in many cases, ‘‘OK, you the State boundary and kill somebody, ity? Not at all. So don’t get fooled by are at 0.11; listen, watch yourself and that person is just as dead, and that the alcohol lobby’s machinations out don’t do it again.’’ Drinking and driv- family is just as wounded. This bill will there, saying, ‘‘You can’t prove it. It’s ing is a serious offense which should be save lives, and it is a much more com- not so. You should work on the chronic handled by the appropriate authorities. pelling argument than any other. alcoholic.’’ Yes, we want to work on Because .08 BAC laws are a general As President Reagan said when he the chronic alcoholic, but we want the deterrent and have proven to deter signed the 21 minimum drinking age casual drinker, someone who doesn’t

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realize that when they get to .08, they New Jersey has 221⁄2 minutes remain- According to the National Highway are in dangerous territory when they ing. The Senator from Rhode Island Traffic Safety Administration, alcohol- get behind the wheel. So I hope my col- has 59 minutes 30 seconds. related traffic fatalities dropped from leagues will all join in and support this Mr. CHAFEE. All right. If the Chair 24,050 in 1986 down to 17,274 in 1995. amendment. could announce when the proponents of That was a 28 percent decrease in Consider what the Wall Street Jour- the amendment have reached their 60 drunk driving tragedies over a decade. nal said: minutes, that would be helpful, and We as a nation, Mr. President, can take Safe alcohol levels should be set by health then we can figure out how to go from pride in the progress that we made. experts, not the lobby for Hooter’s and there. I am confident there will be time However, unfortunately, from 1994 to Harrah’s. The Lautenberg amendment isn’t a that we can yield from the side I con- 1995, alcohol-related traffic fatalities drive toward prohibition, but an uphill push trol. But if the Chair could let us know rose 4 percent—the first increase in toward a health consensus. when 60 minutes of the proponents’ over a decade. In 1995, alcohol-related Mr. President, the Senate has heard time is up, I would appreciate it. traffic fatalities increased for the first my policy arguments. The facts are on The PRESIDING OFFICER. Who time in a whole decade. That year, our side. I want all Senators to weigh yields time? there were 17,274 fatalities from alco- those facts carefully. But I also want Mr. LAUTENBERG. I yield such time hol-related crashes. them to think about one other issue— as I have available to my colleague Mr. President, this amendment is an not a fact, but a person. I want them to from Ohio, Senator DEWINE. attempt to gain back some of the think about the Ashley Fraziers in The PRESIDING OFFICER. The Sen- ground that we have lost in the battle their State. The child in this photo- ator from Ohio is recognized. against highway fatalities. It would set graph was 9 years old. We heard her Mr. LAUTENBERG. Would the Chair a national blood alcohol standard—a mother and father talk about her mind repeating the time available? standard above which the driver is le- The PRESIDING OFFICER. The Sen- today. This accident took place about 2 gally under the influence and should ator from New Jersey has 22 minutes. years ago. They still mourn every day. not be driving an automobile. All wide- Mr. LAUTENBERG. I understood the ly accepted studies indicate that the When her mother Brenda talked about manager on the other side to say he Ashley, she said they still set a table blood alcohol standard should be set at would be willing to accommodate by .08 BAC, the blood alcohol content. for four, even though they know there yielding time from his available time are only going to be three people sit- Mr. President, at .08 blood content, to other proponents. I ask the Senator no one should be driving a car. I don’t ting at that table, because they don’t from Ohio how much time he thinks he want to forget Ashley. Ashley was know any expert, I don’t know any po- needs? lice officer, I don’t know any scientist killed by a woman, underage, driving Mr. DEWINE. I state to my colleague, with a .08 blood alcohol content. Mr. who has seriously looked at this issue I wonder if I can have 20 minutes, and in the whole country who does not President, I hope that Senators and the if the Chair can notify me after 20 min- American people can see this child, be- agree with that—who does not agree utes, we will see who is on the floor that at .08 you are under the influence cause there isn’t any one of us who is and wants to speak at that point. a parent or a grandparent who doesn’t of alcohol, and your judgment, your re- Mr. CHAFEE. I am confident that we flexes, your control of the car, every- so treasure the life of a child like this will have time for the Senator from Il- that we would give our own lives to thing is appreciably impaired. There is linois. no doubt about it. protect her. We are not being asked to The PRESIDING OFFICER. The Sen- Mr. President, the facts are that the give our lives; we are being asked to ator from Ohio is recognized. risk of being in a crash rises gradually Mr. DEWINE. Mr. President, let me give our judgment, we are being asked with each increase in the blood level first thank and congratulate my friend to give our support. content. We know that. NHTSA reports Two years ago, Ashley’s parents and colleague from New Jersey, not that in single-vehicle crashes the rel- heard a noise and saw a sight that they just for his very eloquent statement ative fatality risk for drivers with will never forget. She said this morn- and leadership today, but for his work blood alcohol content between .05 and ing at the White House, in the presence over the years. His work has made a .09 is over 11 times greater than for of the President, that they want to tremendous difference in saving a num- drivers with a blood alcohol content of make sure that this never happens to ber of lives. zero—11 times. When a driver reaches Mr. President, at 10:30 tomorrow other people. They were unselfishly or exceeds the .08 alcohol level, the morning, Members are going to have baring their souls, anguish, and grief to risk goes up even more. In fact, it dra- prevent the possibility of someone they the opportunity to do something that matically shoots up even above that don’t even know from losing a child we don’t always have the chance to do. high standard. like this beautiful young girl. This was Many times, we vote on issues and we Mr. President, at .08, one’s vision, a tragedy. Stop and think about the think we are right, but we don’t know one’s balance, one’s own reaction time, senseless death of this 9-year-old. It what the ultimate effect is going to be. one’s hearing, judgment, self-control, pulls our heartstrings, all of us. I ask This is one of those times where when all are seriously impaired. Moreover, all Senators to think of this when they we cast our vote, we know what the ef- at .08, the critical driving task, con- vote on this amendment. Think of a fect is. Members who come to the floor centration, attention, speed control, family’s pain when they lose a child, a tomorrow morning at 10:30 to cast braking, steering, gear change, lane loved one, and help us to try to prevent their vote on this amendment and vote tracking are all negatively impacted this from happening again. ‘‘yes’’ will clearly be saving lives. and affected. I urge my colleagues to support the There is absolutely no doubt about it. We have all heard the arguments. Lautenberg-DeWine amendment to That is one thing we know. We know it The alcohol industry, in arguing keep drunk drivers off the roads and based on statistics and based on his- against this standard, claims that—get keep them away from our kids. tory. We know it based on common this now—only 7 percent of the fatal I yield the floor. sense. That is, I think, a great oppor- crashes involve drivers with blood alco- Mr. CHAFEE. Mr. President, could tunity that we will have tomorrow. hol content between .08 and .09—only 7 you give the time situation? The agree- This amendment, make no mistake percent. But what does that mean? ment is that each side will have 1 hour. about it, will save lives. What that translates into, if you use I see Senators here who will speak for As we consider legislation to author- 1995 figures, it translates into 1,200 peo- the amendment. I think we can yield ize funds for most of our Nation’s high- ple in that year alone dying—1,200 peo- time to the proponents of the amend- ways, we cannot avoid the issue of the ple who are at precisely that level. ment. I am not worried about that. But safety of those highways. Tragically, in Some of the opponents of this bill I want to protect the rights of any Sen- the last couple of years we seem to would argue, ‘‘Oh, it is only 7 percent.’’ ators who might come over and would have been losing ground in highway Tell that to the parents who lost a be against the amendment. safety. After well over a decade of child. Tell that to the brothers who The PRESIDING OFFICER (Mr. progress, we are starting slowly to lost a sister, or children who lost sib- SMITH of Oregon). The Senator from move backward. lings or who lost parents. Changing the

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1243 blood alcohol level content to .08 could Mr. President, the .08 legislation sets Ms. MOSELEY-BRAUN. Thank you, have saved many of these lives. an intelligent national minimal stand- very much. Where the .08 laws have been tried, ard, the same kind of commonsense Mr. President, I thank my colleagues they have been proven to reduce crash- standard that President Reagan point- for yielding time. I will be very brief es and fatalities. A study done at Bos- ed to in 1984 when he signed legislation because I know time is short. In addi- ton University found that .08 laws re- raising the national minimum drinking tion, I would like to make some com- duced the overall incidence of alcohol- age to 21. The results are in. The re- ments regarding the underlying bill, related fatalities by 16 percent. More- sults of that action by this Congress the ISTEA bill. over, that same study found that .08 and that President are in. In every But, in the first instance, with regard laws also reduced fatalities at higher year for which the national minimum to this amendment, I am very, very blood alcohol levels by 18 percent. drinking age was changed, roughly pleased to be a cosponsor of the amend- So it doesn’t just have an impact on 1,000 lives were saved. ment and proud to stand in support of the .08 and .09 level; it serves as a de- No one believes in States rights more it today. We were over at the White terrent, which affects the entire scale. than Ronald Reagan. No one talked House this afternoon for an announce- Lowering the blood alcohol limit to about it more eloquently. And there ment regarding this important amend- .08 makes it possible to convict seri- were those when Ronald Reagan took ment, the .08 amendment. I was just so ously impaired drivers whose blood al- that position in 1984 who said that is struck by the families who were there cohol contents are now considered mar- inconsistent, that is wrong. We under- who had lost young ones, who had lost ginal, because they are just at or just stand that argument. I think Ronald family members to drunk drivers; over .10. Further, the .08 blood alcohol Reagan had it right, as he did a lot of struck, also, by the fact that what is level is a supremely reasonable stand- times. His answer was very eloquent. being called for in this legislation is ul- ard. This is what he said about really the timately very, very reasonable. Let’s look at the chart again that my same type issue. I quote from President This legislation is not prohibition. It colleague from New Jersey, Senator Reagan: does not require someone not to drink LAUTENBERG, showed a moment ago. I This problem is much more than just a at all. What it says essentially is you think it is important to look at this State problem. It’s a national tragedy. There not get plastered when you get behind because there always is in debates such are some special cases in which over- the wheel, and not get so impaired in whelming need can be dealt with by prudent as this some misinformation that is and limited Federal influence. And, in a case your physical capacity that you put going around. I think you have to get like this, I have no misgivings about a judi- other pedestrians and other drivers at back to the scientific data and to look cious use of Federal inducements to save pre- risk. at this. cious lives. Listening to the mother this morning In order for a 170-pound male to President Ronald Reagan, 1984, on a talk about how she was taking her reach a blood alcohol content of .08, very similar issue. daughter to the schoolbus when a that male would have to consume four Mr. President, our purpose here drunk driver just came out of nowhere drinks, four beers, four shots, four today is really exactly the same as and took the little girl’s life was glasses of wine, four in 1 hour on an President Reagan’s was back in 1984. enough to send chills through the heart empty stomach. Is there anyone in this We are working together in a very bi- of any mother, any parent, and cer- Chamber, is there anyone in the Sen- partisan way to guarantee a funda- tainly ought to commit our attention ate, who believes that they could sit mental right, because this really is to the gravity of this matter and the down, drink four shots in an hour, and about rights. It is about freedom—the importance of it. then get behind the wheel and drive? right of freedom to know that when There is no question but that the .08 You might be able to do it. But would you put your family in a car on a high- blood alcohol level saves lives. Studies you be able to do it very well? I think way and you put your child in a car, have shown that States which have the answer is clearly no. there will be an absolute minimum na- adopted .08 laws have had significant Maybe a better question we all tional standard for how sober some drops in alcohol-related traffic deaths should ask ourselves is how many of other person has to be to drive on that and that a national .08 law could pre- us, knowing a friend of ours, or ac- same highway. So, if there is some vent up to 600 deaths a year. That does quaintance, or neighbor who had four minimum standard when I am in Cin- not even take into account the inju- drinks in an hour on an empty stom- cinnati and leave Ohio and go into Ken- ries, the loss of capacity, the trauma to ach, would say to that person, ‘‘Why tucky, and maybe a few minutes later people that could be avoided as well— don’t you take my daughter, Anna, up- go into Indiana, cross State lines, that just in fatalities alone, 500 to 600 fatali- town to McDonald’s, put her in your there is some national floor, a min- ties a year. car, and drive her?’’ It is ludicrous. imum standard of responsibility. That My home State of Illinois has a .08 There isn’t a person who would do that. is about my freedom as a driver. That limit. We know that. Yet, that is what it is about my family’s freedom. That is I want to report to everybody who is would take to reach the .08 standard. about, I think, responsibility. looking at this issue that the results A 135-pound female typically would That is the rationale behind the .08 were immediate and dramatic upon the have to consume three drinks in the standard embodied in this amendment. adoption of this statute by the Illinois same period of time. Simply put, a person at the .08 blood legislature. In the first holiday week- In other words, Mr. President, the .08 alcohol level is under the influence. No end in Illinois, under the .08 statute, standard is targeted towards those who one disputes that. No one. And that which was the 4th of July, 1997, alco- engage, frankly, in binge drinking— person simply should not be driving a hol-related fatalities were 68 percent not, let me repeat, social drinking. car. Our amendment would make this lower than the same period in 1996—68 This bill will not impact social drink- principle the law of the land, and it percent fewer deaths on a weekend. ers. would save many, many lives. That is a dramatic result from a simple The opponents of this legislation ap- Mr. President, I see that my time is step that is a reasonable step and that parently want the public to believe about up. I at this point reserve the re- ought to be taken for this entire coun- that our legislation would target for mainder of the time. I do not know if try. prosecution individuals who have had a anyone—Senator CHAFEE is on the The question has been raised whether beer or two, or had a beer and a pizza. floor—who wants to speak against the or not this is something the States That is the opposite of the truth. bill at this point wants me to yield themselves can do. I would point out I think we should ask ourselves the time. I see my colleague from Illinois that, again, my State of Illinois has a simple question: Should the average is on the floor. I will reserve the re- .08 level. Other States have higher lev- person who has consumed four shots of mainder of our time at this point. els. It should not be an accident of ge- distilled spirits in an hour, four beers, Ms. MOSELEY-BRAUN addressed the ography for Americans to be secure in four glasses of wine on an empty stom- Chair. the knowledge that drunk drivers will ach, be behind the wheel of a car? We The PRESIDING OFFICER. The Sen- not confront them on the highways. In- all know what the answer to that is. ator from Illinois. dividuals should be able to have the

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1244 CONGRESSIONAL RECORD — SENATE March 3, 1998 confidence that if they cross over the repair, and almost one-fourth of our toward turning those plans into actual border from Illinois to Indiana, or Illi- bridges are in substandard condition. road improvements. nois to Wisconsin, or Illinois to Mis- Every year, Illinois motorists pay an I want to thank Senator CHAFEE, souri, that they will enjoy the same estimated $1 billion in vehicle wear and Senator BAUCUS and Senator LAUTEN- safety that they do in our State. tear and other expenses associated BERG for their hard work in putting I think that this is a commonsense with poor road conditions. this arrangement together. law, a commonsense amendment, it is a In Chicago the traffic flow on some of Now, this, today’s announcement, I life-saving amendment, and certainly the major highways has increased sev- am so pleased about this part of it, but an amendment whose time has come. I enfold since those highways were built I think I would be remiss in not men- urge my colleagues to support the Lau- in the 1950s and in the 1960s. According tioning my sadness that we have not tenberg-DeWine .08 amendment to to a recent study, Chicago is the fifth been able to do better by mass transit. ISTEA. most congested city in America. We have increased, in this agreement, Mr. President, I would like to ask Today’s agreement provides relief to transportation spending by $26 billion, unanimous consent—I ask the manager Illinois and to our Nation’s transpor- but not one additional dime will be de- of the bill—to be allowed to speak on tation system, above and beyond the voted to mass transit improvements. the underlying bill and that it not be original ISTEA proposal. Today’s Historically, there has been a split be- charged to this amendment. agreement creates a new program, tar- tween spending increases for surface Mr. CHAFEE. What I suggest, Mr. geted toward high-density States like transportation and mass transit in an President, is that I am perfectly pre- Illinois. The plan allocates $1.8 billion 80/20 ratio. Preserving this ratio is, I pared to give 10 minutes from the oppo- over the next 5 years for this program, think, essential to ensuring the viabil- nents’ side of the amendment to the of which Illinois will receive at least ity of transit systems around the coun- Senator from Illinois, if that is ade- $36 million, and up to $54 million, a try. quate time. year. All told, Illinois will receive ap- Mass transportation not only moves Ms. MOSELEY-BRAUN. I think it proximately $900 million more for high- people from one place to another; it will be. Yes. way improvements over the next 6 helps the environment. Without public Mr. CHAFEE. All right. years under the agreement approved transportation, without public transit, Ms. MOSELEY-BRAUN. I appreciate this morning by the Environment and there would be 5 million more cars on that. Public Works Committee. the road and 27,000 more lane miles of The PRESIDING OFFICER. The time This is very good news for Chicago road, again increasing the pollution of will be so allocated. area residents who are counting on our environment. Transit is also a Ms. MOSELEY-BRAUN. Mr. Presi- Federal funds to fix the Stevenson Ex- great economic investment. The net dent, the good news about ISTEA today pressway, and not just Chicago area economic return on public expenditures is that an agreement has been ratified residents but everybody who comes for public transportation is 4 or 5 to 1. by the committee that will provide $26 through the State using the Stevenson. When mass transit improvements are billion in additional funding to im- This highway was built in 1964 and has made, land values go up, commercial prove our Nation’s highways. The bet- become one of the most important ar- development increases, jobs are created ter news for States like mine and for teries in the area, making connections and people can get where the jobs are. the Nation’s intermodal transportation to the Tri-State Tollway and the Dan They can get to work. Without transit, system is that this additional money Ryan Expressway. The road, the Ste- congestion alone would cost our na- will be distributed in more effective venson, is literally falling apart. The tional economy some $15 billion annu- and fairer ways than the rest of the State has asked for $175 million over ally. In the Chicago area, in my State, money authorized under ISTEA. This the next 2 years to aid in this project, congestion and bottlenecks already sap addition to the underlying ISTEA for- and today’s agreement provides enough economic productivity, it is estimated, mula will make this landmark legisla- additional funds to Illinois, an addi- by about $2.8 billion every year. With- tion better serve the interests of our tional $200 million every year for the out the additional investments in the entire country. I congratulate the next 6 years, and with that money the area’s transit system, that number budget negotiators and the members of State will be able to repair the Steven- could increase. the committee for their sensitivity to son on the schedule that is most desir- Again, it is regrettable that we have the needs of States like Illinois and to able to facilitate traffic. not been able to do more for mass tran- the role of transportation as an activ- There is more good news. Wacker sit. We have great needs. The Regional ity that touches all of our country and Drive, a major two-level road in the Transportation Authority of North- brings us together as a people. heart of downtown Chicago, is col- eastern Illinois, the Chicago Transit My home State of Illinois serves as lapsing. If anyone has ever driven Authority, Metra, and all of the transit the transportation hub for our Nation’s Wacker Drive in Chicago—it is green, authorities in the State, are in dire commerce. It is home to the world’s and we used to call it Emerald City need of additional support. I hope be- busiest airport and two of the world’s down there, but it’s a double-decker fore this legislation is finalized, we will busiest rivers. It is where the Nation’s road. According to a recent report, understand the importance of mass freight railroads come together to water leaks through joints of the dou- transit to the Intermodal Surface move goods from one side of the coun- ble-decker road when it rains, loos- Transportation Efficiency Act, to the try to another. It is the center of the ening already fractured concrete and efficiency of our surface transportation Nation’s truck traffic. If you add up threatening to pour chunks of debris effort in this country. the value of all truck shipments in the onto vehicles on the lower level. If no But in the meantime, I did want to country, Illinois has by far the largest repairs are made, Wacker Drive will take this opportunity—I thank Senator share of any State. If you count the have to be closed in 5 years. This agree- CHAFEE for indulging me this time— ton-miles of truck shipments that pass ment allows not only for full funding of but also to say thank you to him and through States on their way to their the Stevenson repair, but additional the other budget negotiators for the final destinations, Illinois has by far funding for Wacker Drive. additions and for the improvements, in the largest share of any State. There is more good news, even great- my opinion, to the underlying formula. This map shows very clearly how we er good news for natives of western Illi- I think this goes a long way, again, to are the hub. We are the hub not only nois who are counting on Federal as- achieving the goals of the ISTEA, for the Midwest but, really, we are the sistance for a variety of projects along achieving the goals of intermodal sur- crossroads of the country. U.S. 67, which runs from just outside of face transportation efficiency. Illinois’s roads, therefore, must lit- St. Louis, in the southwest corner of Il- We ought to talk about transpor- erally bear the weight of the largest linois, to the Quad Cities in the north- tation as a people issue, which it really share of the Nation’s commercial ac- west corner. So, over in this area. is. It’s not just about roads and bridges tivity and our roads are suffering as a There are literally hundreds of road and cars and trucks; it is about the result. According to some estimates, repair projects planned in my State, people of this country being connected nearly 43 percent of Illinois roads need and today’s agreement goes a long way one to the other and being able to

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1245 carry out the commerce and the activ- PRESIDENT CLINTON’S STATE- education programs before a new law is ity that keep this country strong. I MENT CONCERNING THE TAX drafted? Of course not. In fact, right thank these negotiators for their work. CODE TERMINATION ACT now this Congress is in the midst of de- I yield the floor. Mr. HUTCHINSON. Mr. President, bating a new transportation spending Mr. CHAFEE. Mr. President, I thank yesterday, while millions of American program and a new higher education the distinguished Senator from Illinois households across the country were program for one simple reason. When these major spending bills were passed for those very kind comments. I am struggling to understand which of the and signed into law, they contained glad we are able to be of help. 480 separate IRS tax forms applied to them, while they were trudging along, sunset provisions which terminated I will say she is a tenacious battler these programs 5 years after they were for Illinois, so I was particularly glad trying to read through the accompanying 280 supplemental explanatory implemented. In fact, every major we were able to be of some help in the spending program currently on the particular situation Illinois faced. IRS pamphlets, while their tax accountants and tax attorneys worked books contains similar sunset lan- Mr. President, the Senator from Ar- hard to keep them abreast of the more guage. kansas has some comments. How much The truth of the matter is that Presi- than 800,000 words which make up this time do I have? Is the proponents’ dent Clinton doesn’t mind sunsetting country’s Tax Code, and while families time—perhaps you could give us an ac- provisions when the law allows the nervously anticipated the impending count of the time. Government to spend billions of dollars IRS deadline of April 15, which is now The PRESIDING OFFICER. The time in taxpayers’ money. The President less than 6 weeks away, President Clin- does not mind sunsetting Head Start, of the proponents has expired. The Sen- ton had the audacity to call my efforts ator from Rhode Island has 53 minutes. doesn’t mind sunsetting Pell grants or to sunset this country’s incomprehen- school lunches. Sunsetting only be- Mr. CHAFEE. I yield such time as sible maze that we call a Tax Code in comes irresponsible to this President the Senator from Arkansas needs. the year 2001—irresponsible. when the law being sunset deals with Following his speech, President Clin- Mr. HUTCHINSON. I appreciate this provisions which take money from the indulgence. I ask consent to speak in ton’s chief economic adviser Gene pockets of hard-working Americans. morning business. I am going to speak Sperling equated my bill, the Tax Code The Tax Code Termination Act is on a different subject. If the chairman Termination Act, with ‘‘reckless river anything but ‘‘irresponsible.’’ This act would like that not to count against boat gambling.’’ Worse yet, President simply sets a date certain, well into his time—— Clinton’s Deputy Treasury Secretary the future, when the Tax Code will Mr. CHAFEE. That is fine. How long stated, ‘‘We have a Tax Code today need to be reauthorized, which will will my colleague be, roughly? that works better for Americans as simply place taxes and spending on they do what is crucial to them in equal footing. This bill will force Con- Mr. HUTCHINSON. Up to 15 minutes. their lives.’’ He said that the Tax Code Mr. CHAFEE. Fine. gress to completely rethink how we works for Americans. collect hard-earned taxpayer money Mrs. HUTCHISON. I ask consent to No; Americans may feel they work and, as with major spending programs, speak 15 minutes as in morning busi- for the Tax Code. They surely do not it will allow a healthy debate to ensue ness. believe that the Tax Code works for on the merits, effectiveness and effi- The PRESIDING OFFICER. Without them. In short, the President and his ciency of the law as it is currently objection, it is so ordered. advisers were telling the American written. Mr. CHAFEE. Mr. President, may I people in the midst of their ‘‘tax season Why is the President afraid to treat just say one other thing? I would like migraines,’’ that this Tax Code works taxes and spending equally? Why to say to all Senators who are listening just fine. Are the American people to should sunset provisions only apply to that now is your chance to come over believe that President Clinton and his one but not the other? Maybe it is be- and speak against the amendment if economic advisers do not see anything cause the President knows that this you so choose. Time is running out wrong with Americans spending a com- tax system cannot withstand close here and, frankly, at the conclusion of bined total of 5.4 billion hours—the scrutiny—that it can’t even stand cur- the comments of the Senator from Ar- equivalent of 2 full work weeks—com- sory scrutiny. Maybe the President is kansas and then a couple of minutes plying with tax provisions? Are Ameri- afraid that Americans will feel empow- that the Senator from Ohio wants, un- cans to believe that their President ered to force this Congress to rethink less there are people present wanting does not see anything wrong with the the amount and methods used to take to speak, it is my intention to yield Tax Code that costs this country more their hard-earned money. Maybe the back the remainder of our time and than $157 billion per year? Is it possible President is afraid that he will lose the have the Senate go out. that the President and his key advisers power to hide tax provisions that ben- So, anybody who wants to speak see nothing wrong with spending $13.7 efit favored special-interest groups about this amendment—they will have billion per year enforcing the Tax deep within this large and complex Tax a half-hour tomorrow, that is true. But Code, yet the IRS fails to provide cor- Code? Finally, the President stated now is the time to come over. We have rect answers to taxpayers seeking as- yesterday that the Tax Code Termi- some 50 minutes. The Senator will be sistance almost one-quarter of the nation Act would create uncertainty— taking 15, so there will be 35 or 40 min- time? skillfully noting that ‘‘uncertainty is I think the American people will be utes left. Now is the time to speak the enemy of economic growth.’’ Mr. able to decide who is being irrespon- against the measure if anybody wishes President, is there any certainty in sible and will be able to easily separate to. this system? Can one be sure that de- the ‘‘river boat gamblers’’ from the sin- spite trying diligently to comply with If the Senator will proceed? cere legislators working to better their this complex and incomprehensible tax Mr. HUTCHINSON. Mr. President, I everyday lives. system, one still won’t be dragged into take a moment to commend the Sen- President Clinton’s criticism of the court and fined for failure to accu- ator from Rhode Island and com- Tax Code Termination Act centers rately comply with every jot and every pliment him for the outstanding lead- around the notion that one should not tittle of the Tax Code? Can one be cer- ership he provided the Environment set a date to sunset a law until a new tain that they haven’t overpaid or un- and Public Works Committee on the law is written and ready to replace it. derpaid, that they haven’t missed a de- ISTEA II bill. Doing so, in President Clinton’s eyes, duction that is owed them or claimed a It has been suggested he should be would be irresponsible. Well, is it irre- deduction for which they don’t qualify? nominated, if you have not been, for a sponsible to sunset this country’s No; the only thing certain about this Nobel Peace Prize for bringing all the transportation programs, which spend system is that it guarantees one’s various factions together in what is, I over $23 billion per year, before a new rights can be trampled by an over- think, a very worthwhile bill that will transportation program is written and empowered IRS and that one’s eco- be to the benefit of all Americans. I ready to be put into law? Is it irrespon- nomic freedom can be jeopardized by commend the Senator. sible to sunset this country’s higher overzealous tax collectors.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1246 CONGRESSIONAL RECORD — SENATE March 3, 1998 While the President claims that his Before I do, I want to talk about In this country, we license people to opposition to the Tax Code Termi- three quick items. One is the amend- drive. No one in this country should be nation Act is to protect business by en- ment that has just been adopted, the empowered to drive and drink at the suring them a long-term landscape on McCain amendment. I would then like same time. It can turn an automobile which to make major business invest- to talk about the Lautenberg amend- into an instrument of murder and does ment decisions, most business-led tax ment and then, finally, an amendment every 30 minutes, causing someone else organizations actually support our ef- I am going to offer following the dis- to die on America’s roads and streets forts to terminate this Tax Code. The position of the Lautenberg amendment. because someone decided to drink alco- National Federation of Independent The McCain amendment which has hol and drive. Business, Citizens for a Sound Econ- been adopted now contains a provision We have had incentive programs pre- omy, and others know firsthand how I want to call attention to dealing with viously dealing with drunk driving. many billions of dollars per year they high-speed police pursuit. It is an issue Some have worked, some have worked waste trying to understand this Tax I have been involved with for some long a bit, some have worked well, and some Code, much less comply with the Tax while. I care a great deal about it, and have not worked at all. The Senator’s Code. They see their profits eaten up I have introduced legislation for a amendment is very simple. The propo- by tax lawyers and tax accountants. number of years, part of which has now sition of this amendment is to say that They know full well that the real un- been included in the McCain amend- our road programs in this country are certainty is in the current code, not in ment dealing with safety. national programs. We know they are any distant sunset of the current code, There are in this country many in- national because we come here and and they know that the Tax Code Ter- stances in which high-speed police pur- talk about roads being a national pri- suits are not only necessary but vir- mination Act will create a clean slate ority. Even the smallest, the most re- tually mandatory, and I understand on which a fairer, simpler Tax Code can mote, and the least populated areas of that. There are other circumstances in be built. our country have roads because those this country, where high-speed police I am certain that when and if Presi- roads allow people to get from one pursuits are inappropriate and result in dent Clinton attempts to take this de- place to another. the death of innocent people. Nearly bate outside the beltway, he will quick- Yes, my State is a smaller State, and 400 people a year are killed and many ly learn who is being irresponsible; he less populated, but as they move frozen others are injured in high-speed police will quickly see where the American shrimp and fresh fish from coast to pursuits. coast, guess what? They truck that people stand on this important issue. One ought to be able to expect all through North Dakota, and we need Finally, the Tax Code Termination across this country, no matter where Act, sponsored by myself and Senator one is driving, that law enforcement roads in all parts of our country to BROWNBACK of Kansas, is currently sup- jurisdictions are given good training have a first-class economy. A country ported by the entire Senate Republican and have good policies dealing with with a first-class economy needs good leadership and is being cosponsored by high-speed police pursuits. That is my infrastructure, and that means good 26 fellow Senators. I urge the President intention with the legislation. roads. to rethink his position, and I urge my I also feel that I would like to do Because roads represent a national fellow Members to get behind this ef- more. I would like to make sure that in priority and are a national program, it fort and take the first step in simpli- the future, with respect to high-speed seems to me perfectly logical to under- fying our Tax Code by setting a date police pursuits, that we have a provi- stand that anyone driving in this coun- certain that this code will expire. sion that anyone who believes they try ought to have some assurance that It is one thing, Mr. President, to be should be able to flee from law enforce- they are not going to run into someone cautious. It is one thing to be prudent. ment when law enforcement attempts coming down the other lane who is It is quite another to be controlled by to apprehend them will lose their vehi- driving in a jurisdiction or a State timidity and frozen into inaction. As cle and will have certain jail time. We where they are told it’s OK to have .10 my colleagues have said, the Tax Code ought to send the message to all people or .12. No one in this country should has had its place in history, now we in this country that you are the villain expect to meet someone at the next need to make it a part of history. I ask in high-speed police pursuits. If you intersection, in the next State, or the my colleagues to join me in that effort. don’t stop when a law enforcement offi- next county where the driver is drink- Thank you, Mr. President. I yield the cer attempts to stop you, there are ing. So I am going to support this floor. going to be consequences, and signifi- amendment that calls for a national f cant consequences. We can save lives standard of .08. by that. And the McCain amendment Let me tell you about the other INTERMODAL SURFACE TRANS- amendment I am going to offer fol- PORTATION EFFICIENCY ACT OF just adopted includes my provision dealing with high-speed police pursuits lowing this amendment, which I hope 1997 and incentives for more training and my colleagues will support as well. The Senate continued with the con- uniform policies. I think that is a step Mr. President, did you know there sideration of the bill. forward. are five States in this country where Mr. CHAFEE. The Senator from Second, the Lautenberg amendment, you can put a fist around a bottle of North Dakota wants to speak in favor which I am pleased to support, and I whiskey and the other around the of the amendment. hope will have the support of a major- steering wheel, and you are perfectly Mr. DORGAN. That is correct. ity of Members in the U.S. Senate. I legal? There is not one jurisdiction in Mr. CHAFEE. How much time does understand that some can quibble here America where that ought to be legal— the Senator want? or there about .08 or .10 or .12—this, not one city, one county, one township Mr. DORGAN. If the Senator will that, or the other thing. I do not think where it ought to be legal for anyone yield 10 minutes, I will try not to use anyone will quibble with the statement to get behind the wheel of a car and all 10. made earlier today by one of my col- drink. Five States now allow that. Mr. CHAFEE. That is fine, 10 min- leagues in which he asked the question: Over 20 States allow, if not the driver utes, from the time of the opponents. Would you like to put your son or to drink, the rest of the people in the The PRESIDING OFFICER. The Sen- daughter in a car with someone who car to have a party. They can get plen- ator from North Dakota. had four drinks in the last hour and ty of whiskey and plenty of beer, and Mr. DORGAN. I thank the Presiding has a .08 blood alcohol content? they can go down the road and have a Officer. Under current law, that person is not great old party. Over 20 States say that Mr. President, I rise today to support drunk. But is that the car you would is fine, as long as the driver doesn’t the Lautenberg amendment. I intend to like your son or daughter in? I think drink, and in five of them the driver vote for it, and I am pleased to support not. Mr. President, .08, I am told, re- can drink as well. There is not one ju- a piece of legislation I think will be lates to the blood alcohol content of a risdiction that ought to allow that. important in saving lives in our coun- man roughly 170 pounds who has had My amendment has the same sanc- try. four drinks in an hour. tion as the amendment proposed by the

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1247 Senator from New Jersey. It simply sanctions are tough. If you get picked story in the RECORD. The news story says that every State in this country, up for drunk driving, you are in trou- was on a great success story in Amer- because we have a national roads pro- ble.’’ ican society, the reduction in auto- gram, that as drivers, we can expect That is what this country ought to mobile deaths. While it deals with the some uniformity in treatment across say as well. Have a designated driver, State of Washington, I am certain that this country when we are driving up to take a taxi, do any range of things, but it is of relatively universal application, the next intersection. We should expect understand as a country that we take to a greater or lesser extent, all across that no one we will meet in this coun- this seriously and we intend to do some the United States. try is going to be legally empowered to things on the floor of this Senate in An early paragraph in the article drive the vehicle and drink in the same this piece of legislation to say to the reads: set of actions. American people: We care about this The numbers are clear: The state’s roads I will offer that on the floor. I offered issue, and we can save lives in a are not just a little safer in the 1990s than in it previously several years ago, about 3 thoughtful manner without abridging decades past, they’re much safer. You’re a years ago, and I missed having that anyone else’s right. lot less likely to be in an accident than in amendment adopted by three votes— I do not know who said it today—per- earlier times. And if you are in one, you’re less likely to be seriously injured or killed. only three. I don’t know how many haps it was the Senator from Ohio— Last year, there were 1.3 deaths for every people have died because we didn’t do that you have a right to get drunk, I 100 million miles driven on Washington’s that, but some. I don’t know their guess, in this country, but you do not roads and highways. In 1953, as far back as names. But some families have gotten have a right to get drunk and drive. comparable statistics are available, the fig- the call, families like the wonderful That ought to be a message from the ure was four times higher—at 5.1 deaths per family of the Senator from Ohio and .08 amendment, and I hope from my 100 million miles. others in this Chamber, the BUMPERS amendment that follows, that this Incidentally, Mr. President, 1953 was family—Senator BUMPERS, who several country says that to everyone living the year in which I moved to the State years ago gave one of the most elo- here and everyone intending to drive in of Washington straight out of school. quent speeches on the floor of the Sen- the future. Mr. President, I yield the So our roads are now four times safer ate about the tragedy in his family. floor. than they were in 1953. Families have gotten that call be- Mr. CHAFEE addressed the Chair. The article goes on to speak about cause we didn’t do what we should do. The PRESIDING OFFICER. The Sen- causes for this remarkable social suc- We should, as a country, decide that ator from Rhode Island. cess, and says: there are certain and significant sanc- Mr. CHAFEE. Mr. President, I have Dr. Fred Rivara, director of Harborview tions for those who drink and drive and said several times tonight that the op- Medical Center’s Injury Prevention and Re- that we can expect on a national basis portunity for those who wish to speak search Center, says the long-term improve- that everywhere you go in America, ev- against this amendment is now. No one ment is ‘‘clearly due to a combination of a lot of factors’’—safer cars, high seat-belt use, erywhere you drive a car, you will not showed up to speak against the amend- air bags, a gradual reduction in drunken only have a .08 standard, but you will ment. Therefore, I have been yielding driving, construction of interstate highways have some assurance that you are not time to the proponents of the amend- and improved trauma care for the seriously going to meet at the next intersection ment. We have the Senator from Wash- injured. or on the next county, State, or even ington who wishes to speak in support Moffat, of the Traffic Safety Commission, township road someone who is drinking of the amendment for about 10 min- identifies freeway construction as ‘‘the sin- and driving. utes, and then after the conclusion of gle most significant safety factor’’ because Someone said earlier today that you interstates are roughly three times as safe as that, I will yield an additional 3 or 4 other roads and city streets.... have a right to drive in this country, minutes to the Senator from Ohio. They go on to say—and it is relevant but you ought not to have a right to Then it is my intention to close up directly to the amendment of the Sen- drive and drink. I attended a ceremony shop here and put the Senate out. today that the Senator from New Jer- So, I do not know how much time we ator from New Jersey— sey and the Senator from Ohio at- have left. With the freeways built, the traffic-safety tended and heard the statement by a How much time do I have left? focus shifted to drunken driving and the simple defensive measure of encouraging drivers young woman who had just lost her 9- The PRESIDING OFFICER. The Sen- to use their seatbelts. year-old daughter in the not-too-dis- ator has 31 minutes 30 seconds. ‘‘Organizations such as Mothers Against tant past. She spoke again of the trag- Mr. CHAFEE. So, anybody who wants Drunk Driving deserve a lot of credit for edy that her family experienced be- to speak against the amendment, now bringing that about,’’ says Rivara. ‘‘They cause someone else decided they were is the time, or they will be relegated to succeeded in changing public attitudes about going to drink and drive. tomorrow where there will be half an drunk driving.’’ To close this discussion, I want to hour to speak against it. So I yield the One result has been a renewed effort in Olympia to pass tougher drunken-driving say this. It is one thing for us to come Senator from Washington such time as laws. One bill would lower the blood-alcohol to the floor of the Senate and talk he needs, maybe 10 minutes. concentration for driving under the influence about devoting resources, energy, and Mr. GORTON. Yes. to 0.08 percent from 0.10 percent.... effort to try to do something about Mr. CHAFEE. Ten minutes. Precisely what the Senator from New something we are not certain how to The PRESIDING OFFICER. The Sen- Jersey proposes. cure. This is not some mysterious ill- ator from Washington is recognized. The state’s death rate essentially has re- ness for which we do not know the Mr. GORTON. Mr. President, last mained at its record-low level for the past cure. We understand what causes these week, when I was first informed of the six years. Further improvement will require deaths, and we understand how to stop proposal by the Senator from New Jer- a renewed focus on drunken drivers and seat- them. sey, I was torn. I agreed totally with belt use, Moffat says, because at this stage Mothers Against Drunk Driving, God his philosophy, but I also have a great ‘‘belts and booze are the secrets of success.’’ bless that organization and the people deal of respect for the States and for Figures from the National Highway Trans- who every day in every way fight to their legislatures that, of course, have portation Safety Administration clearly indicate part of the problem. Nationwide, alco- make things better on this subject. full jurisdiction over this problem. hol played a role in about 41 percent of traf- And we have made some progress. We Many States have acted, and other fic deaths in 1996.... In California, the fig- have made some improvement. But we States are in the process of acting. ure was 40 percent and in Oregon, 42 percent. can do much, much better. We are not Over the weekend, however, I ceased But in Washington, alcohol was involved in near the standard that many of our Eu- to be pulled in two separate directions fully half of all traffic fatalities. Further- ropean allies and our European neigh- on this subject by a remarkable article more, NHTSA figures show that the influ- bors have adopted on these issues, say- directly on point in the Sunday Seattle ence of alcohol in traffic deaths hasn’t dropped nearly as much in Washington as it ing to people: ‘‘Understand this about Times. has nationally or in California and Oregon. drinking and driving. If you are going I would like to share with my col- Moffat, a Seattle policeman for 25 years to be out and you have a vehicle, you leagues some of that article. Then at before moving to the Traffic Safety Commis- better not be drinking, because the the end, I will place the entire news sion in 1995, is convinced that tougher

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1248 CONGRESSIONAL RECORD — SENATE March 3, 1998 drunken-driving laws are the key to safer state, the actual number of people who die Figures from the National Highway Trans- roads. Oregon and California both have annually in traffic accidents has declined portation Safety Administration (NHTSA) them, and they work, he says. Moffat esti- over the past 20 years. clearly indicate part of the problem. Nation- mates that similar legislation here would The last time more than 1,000 people died wide, alcohol played a rule in about 41 per- cut fatalities by at least 10 percent. on Washington roads was in 1979. Last year, cent of traffic deaths in 1996 (1997 figures are ‘‘What that means in real terms is 70 fewer there were 663 traffic deaths, even though 73 not yet available). In California, the figure deaths’’ each year, he says. percent more miles were traveled on state was 40 percent and in Oregon, 42 percent. Now, Mr. President, that, in one roads than in 1979. But in Washington, alcohol was involved in One of the most striking aspects of the State, is what we are discussing here in fully half of all traffic fatalities. Further traffic record is that the major measures of more, NHTSA figures show that the influ- this amendment. In the State of Wash- safety—death rate, serious-injury rate and ence of alcohol in traffic deaths hasn’t ington, with roughly 2 percent of the collision rate—have all either declined or dropped nearly as much in Washington as it population of the United States of held steady despite worsening congestion has nationally or in California and Oregon. America, approximately 70 fewer traf- and the consequent driver frustration that Moffat, a Seattle policeman for 25 years fic deaths per year. leads to occasional violence. before moving to the Traffic Safety Commis- Now, that figure may be smaller in In the past decade, while the central Puget sion in 1995, is convinced that tougher Sound region was establishing its reputation drunken-driving laws are the key to safer some States that already have the .08 as one of the most-congested driving areas in standard. I suspect it may be larger in roads. Oregon and California both have the country, both the state’s traffic-death them, and they work, he says. Moffat esti- those whose drunken-driving laws are rate and serious-injury rate have declined by mates that similar legislation here would less significantly enforced. about 50 percent. cut fatalities by at least 10 percent. But, Mr. President, this brings it Dr. Fred Rivara, director of Haborview ‘‘What that means in real terms is 70 fewer down to the basic level of individual Medical Center’s Injury Prevention and Re- deaths’’ each year, he says. deaths in individual parts of our coun- search Center, says the long-term improvement is ‘‘clearly due to a combination of a MORE OF US USE SEAT BELTS try. I found that article to be over- lot of factors’’—safer cars, high seat-belt use, Despite more drunks on the road, Washing- whelmingly persuasive. I trust that the air bags, a gradual reduction in drunken ton’s highway-death rate is substantially legislature of my State will in fact pass driving, construction of interstate highways below the national average, which was 1.7 a law which is now halfway through and improved trauma care for the seriously per 100 million miles in 1996. That’s because the legislative process. But to encour- injured. more drivers here use their seat belts—about age strongly, to encourage every State Moffat, of the Traffic Safety Commission, 85 percent, Moffat says, compared with an average of about 60 percent nationally, a fig- to do exactly the same thing is the key identifies freeway construction as ‘‘the single most significant safety factor’’ because ure that varies widely from state to state. to fewer traffic deaths. interstates are roughly three times as safe as In Washington, of those who die in auto ac- We are not dealing with unknowns other roads and city streets. The first major cidents, only 35 or 40 percent have their seat here. We are not dealing with pre- decline in the state’s traffic-death rate coin- belts on. dictions. We are dealing with now a cided with the replacement of Highway 99 by ‘‘Some accidents are going to kill any- history, a history of more than 40 years Interstate 5 as the state’s north-south arte- way,’’ Moffat says. But in a potentially fatal of keeping track of traffic deaths in my rial in the 1960s. crash—defined as two vehicles colliding State, a four-times reduction in traffic More recently, the new Interstate 90 Float- head-on at 35 mph or an auto hitting a solid ing Bridge also has helped cut the death toll, object at 60 mph—seat belts raise the deaths. And now we have an oppor- Moffat says. The original bridge across Lake chances of survival to 50 percent. tunity to reduce them by another 10 Washington, which sank in 1990, had an awk- Moffat concludes that of the 60 percent or percent, perhaps more than 10 percent ward bulge in the middle where it opened oc- so who die unbelted each year, half could through this action. casionally for shipping. It also had reversible save themselves with this simple, two-second It is, Mr. President, action that we lanes during rush hours. maneuver. That would be perhaps another ought to take and ought to take These features produced six or seven 150 lives saved. promptly. deaths a year, Moffat says, while traffic But as Rivara notes, those most at risk for Mr. President, I ask unanimous con- deaths on I–90’s two new bridges are rare. He fatal accidents—the intoxicated and young, male drivers—are the least likely to use seat sent to have the entire news article estimates the new bridges, alone, have saved about 70 lives in the past decade. belts. printed in the RECORD. With the freeways built, the traffic-safety As for road rage, it’s no laughing matter— There being no objection, the mate- focus shifted to drunken driving and the sim- particularly for those who have been shot at rial was ordered to be printed in the ple defensive measure of encouraging drivers or otherwise threatened. But statistically, it RECORD, as follows: to use their seat belts. is a minuscule contributor to highway-safety [From the Seattle Times, March 1, 1998] The first major legislative shots in the problems, and Moffat suggests that residents state’s war on drunken driving were fired in keep their focus on more fundamental con- STATE’S ROADS ARE THE SAFEST EVER 1979, when traffic deaths peaked at 1,034. cerns. (By Tom Brown) Since then, the death rate has plummeted by ‘‘When I look at 330 drunken-driving Forget road rage, rampaging sport-utility nearly two-thirds, from 3.6 to 1.3 per 100 mil- deaths, that is a tremendous problem,’’ he vehicles and tailgating semis. lion miles. says. ‘‘Road rage doesn’t even raise the nee- Despite those and two more-serious road ‘‘Organizations such as Mothers Against dle.’’ hazards—drunken drivers and failure to Drunk Driving deserve a lot of credit for Mr. CHAFEE addressed the Chair. buckle up—driving in Washington is safer bringing that about,’’ says Rivara. ‘‘They The PRESIDING OFFICER. The Sen- than it has ever been. succeeded in changing public attitudes about ator from Rhode Island. The numbers are clear: The state’s roads drunk driving.’’ are not just a little safer in the 1990s than in Celebrated cases also have galvanized peo- Mr. CHAFEE. Mr. President, does the decades past, they’re much safer. You’re a ple to act. One such case was the death last Senator from Ohio wish a few minutes. lot less likely to be in an accident than in year of Mary Johnsen of Issaquah, who was I say to the Senator from Ohio, how earlier times. And if you are in one, you’re struck and killed by a van driven by a repeat much time would you like? less likely to be seriously injured or killed. drunken driver while walking along a resi- Mr. DEWINE. Ten minutes. ‘‘When we’re frustrated by some civic prob- dential street with her husband. Mr. CHAFEE. All right, fine. lems, this is one where we’re actually mak- ‘‘I don’t know that Mary Johnsen’s death The PRESIDING OFFICER. The Sen- ing progress,’’ says John Moffat, director of was inherently any more tragic than any of ator from the great State of Ohio is the Washington Traffic Safety Commission. the 300 other drunk-driving deaths last year, This progress gets overlooked amid reports but it touched a lot of people,’’ says Moffat. recognized for 10 minutes. of pistol-waving road-ragers and horrific ac- One result has been a renewed effort in Mr. DEWINE. I thank my colleague cidents such as one last month in Bothell in Olympia to pass tougher drunken-driving and thank the Chair. which three people died when a van was laws. One bill would lower the blood-alcohol This amendment has received a great crushed between two trucks and exploded in concentration for driving under the influence deal of attention from the editorial flames. to 0.08 percent from 0.10 percent. Another boards across this country. I would like Last year, there were 1.3 deaths for every would allow authorities to impound and for- just to read excerpts from several of 100 million miles driven on Washington’s feit the vehicles of drunken drivers. them because I think their reasoning is roads and highways. In 1953, as far back as The state’s death rate essentially has re- comparable statistics are available, the fig- mained at its record-low level for the past quite good. ure was four times higher—at 5.1 deaths per six years. Further improvement will require Let me cite first the Austin Amer- 100 million miles. a renewed focus on drunken drivers and seat- ican Statesman, October 30: Despite a big increase in population and a belt use, Moffat says, because at this state Let’s say it one more time: DWI laws don’t jump in the number of miles driven in the ‘‘belts and booze are the secrets to success.’’ have a thing to do with prohibition,

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1249 partying, or Puritanism. They aren’t in- I will repeat something I said a mo- the scientific data, all the tests, all the tended to interfere with anyone’s right to ment ago—and I am going to continue anecdotal information tells us that is drink alcohol socially or antisocially, re- to state it because I think it is so im- simply not true. sponsibly or irresponsibly, in vast or mod- portant —and that is: No one, no expert Let me again go back and repeat erate quantities. The law just asks drinkers not to operate heavy machinery on the who has looked at this believes that what the scientific data shows. It States’ roads and highways while under the someone who tests .08 has not had their shows that when a male weighing 160 influence of alcohol. driving ability appreciably impaired. pounds has four drinks in an hour—it The Baltimore Sun: No one who has looked at this thinks takes four drinks on an empty stomach You’re driving on the beltway. The motor- that someone who tests .08 should be in an hour for that adult male at 160 ist in the next lane consumed four beers dur- behind the wheel of a car. If any of my pounds to reach the .08 level. I don’t ing the past hour. To paraphrase Clint colleagues who might be listening think anyone believes that person Eastwood, ‘‘Do you feel lucky?’’ Amazingly, doubt that, tonight or early tomorrow should be behind the wheel, and I don’t that tipsy driver may be within his legal morning—we all know police officers; think there is anyone in this Chamber rights. we all know people who have been in who will turn their child over to that And they end up: emergency rooms; we all know people person. Four drinks in one State makes you no who have seen DUIs and who know who Mr. President, again we will have the less drunk than four drinks in another State. they tested—pick up the phone and call opportunity tomorrow to save lives. I The abundant evidence justifies a national one of your police officers. urge my colleagues to cast a ‘‘yes’’ response. Pick up the phone and call a member vote on the Lautenberg-DeWine amend- The Omaha World-Herald: of the highway patrol who may have ment. It will, in fact, save lives. Yes to a national drunk driving law. Con- picked up someone, who has picked up I yield the floor. gress uses the threat of withheld funds too probably dozens of people who have Mr. CHAFEE. Now, Mr. President, we often, in our opinion, to force its will upon been drinking and driving, and ask have made valiant efforts to get the op- the States. In this case, however, the States them if, in their professional opinion, ponents of this measure here. We have would merely be required to set an intoxica- they think someone who tests .08 or given them every chance in the world. tion standard that reflects research on how alcohol affects driving. above has any business being behind They have not shown up. Any oppo- the wheel of a car. I will guarantee nents who want to speak will have half That is the Omaha World-Herald, Oc- you, the answer will be unanimous. an hour tomorrow to speak. tober 29. The fact is, the more someone knows I therefore propose that we close The Wall Street Journal said this: about the subject, the more adamant shop here. Safe alcohol levels should be set by health they will be about that. I became in- experts, not the lobby for Hooters and f volved in this issue a number of years Harrah’s. The Lautenberg-DeWine amend- MORNING BUSINESS ment isn’t a drive toward prohibition, but an ago when I was an assistant county uphill push toward health consensus. prosecuting attorney. One of my jobs Mr. CHAFEE. Mr. President, I ask The Toledo Blade: was to prosecute DUI—DWI cases we unanimous consent there now be a period of morning business with Senators Complaints from the beverage industry used to call them in those days. that the new limits would target social I can tell you from my own experi- permitted to speak for up to 5 minutes drinkers and not alcoholics are ridiculous ence, someone who tests .08—and I each. and dangerous. All that matters is whether have seen the videotape, as they say. I The PRESIDING OFFICER. Without the person behind the wheel has had too have seen the replays. I have seen the objection, it is so ordered. much to drink. Whether he or she is a social tapes that are taken right before the f drinker is irrelevant. person takes the test. And I have com- THE GOVERNMENT SECRECY ACT Finally, New York Newsday: pared those videotapes where you can It should be obvious that cracking down on see the person staggering, you can see Mr. LOTT. Mr. President, I am drunk driving is an urgent matter of health the person’s speech slurred, you can see pleased to join with the distinguished and safety. The attack is not against drink- their coordination impaired. I com- Minority Leader, the distinguished ing; it’s against drinking and driving. pared that with the tests. I will tell Chairman of the Foreign Relations Mr. President, my colleagues have you from my own experience in observ- Committee and with the distinguished said it very, very well. My colleague ing, a person at .08 absolutely, no doubt Senator from New York, Mr. MOY- from North Dakota a few moments ago about it, should not be behind the NIHAN. Both Senator MOYNIHAN and said it well. He says it is not com- wheel. Senator HELMS served with distinction plicated. It is not complicated how you Look what other countries have on the Commission on Protecting and reduce auto fatalities. This is an easy done. Senator LAUTENBERG showed the Reducing Government Secrecy. They way to save lives. And this is a way chart. Canada, Great Britain, Aus- are to be congratulated for their ef- that will save lives. tralia, Austria, all at .08 or below. This forts. Senator MOYNIHAN and I have At 10:30 tomorrow morning we are is a rational and reasonable thing to spoken repeatedly about his commit- going to have a chance to do something do. It is reasonable, as Ronald Reagan ment to declassifying information very simple. We are going to have the said, to have some minimum national while protecting legitimate secrets. chance to come to this floor and cast a standards that assure highway safety. S. 712, the Government Secrecy Act yes vote on this amendment. It is one We live in a country where we get in of 1997, is a complex piece of legisla- time when we will know the con- a car and we think nothing of crossing tion. Chairman THOMPSON has already sequences of our act. And the con- one, two, three, four, five State lines, held a hearing in the Governmental Af- sequence of that act, if we pass this, if and we do it literally all the time. fairs Committee. Other committees it becomes law, will be simply this: There ought to be some national stand- have legitimate and appropriate con- Fewer families will have their families ard, some floor, some assurance when cerns about elements of this legisla- shattered, fewer families will have you put your child in a car, when you tion, including Foreign Relations, Ju- their lives changed forever. That is get in the car with your wife and your diciary, Armed Services and the Select what the loss of a child or loss of a loved ones, some assurance that what- Committee on Intelligence on which I mother or father to drunk driving ever State you are in, wherever you are serve as an ex officio member. Their does—it changes your life forever. driving, that level is .08. That is a ra- concerns should be addressed as we We will save some families from that tional floor. It is a rational basis. move through the legislative process. tragedy. We will never know who they Again, despite all the scientific evi- I also have a number of concerns that are. They will never know. But we can dence, despite all the arguments, still I hope are addressed as the committees be guaranteed that we will have done there are some who would say this bill consider this legislation. I am con- that and done that much tomorrow is an attack against social drinkers; cerned about allowing judicial review morning. This is a very rational and this amendment will mean if I have of executive branch classification deci- reasonable proposal. I say that because two beers and a pizza I will not be able sions. I do not think it is wise or nec- it sets the standard at .08. to drive. That is simply not true. All essary to allow judges to second-guess

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1250 CONGRESSIONAL RECORD — SENATE March 3, 1998 classification decisions. I am concerned Act. I look forward to working with develop which could assert and dem- about cost—the cost of classification him, the other co-sponsors of the bill, onstrate greater efficiency. and the cost of declassification. I hope and the relevant committees to move Mr. HELMS. The Commission by law we can arrive at a legislative outcome this legislation early in this session. had two goals: to study how to protect that reduces the cost of both. I am con- Although some modifications to this the important government secrets cerned about creating a new layer of legislation may be necessary, I think while simultaneously reducing the bureaucracy in an already overly bu- we can all agree that a democratic gov- enormous amount of classified docu- reaucratic process. It is the agencies ernment depends on an informed pub- ments and materials. We began our de- themselves that should retain the au- lic. This legislation will greatly im- liberations with the premise that gov- thority to declassify documents. I am prove access to government informa- ernment secrecy is a form of regula- most concerned that we give priority tion. By reducing the number of se- tion, and like all regulations, should be to protecting intelligence sources and crets, this legislation will enhance the used sparingly. But I feel obliged to re- methods rather than to a vague and public’s access while at the same time iterate and emphasize the obvious. The subjective ‘‘public interest’’ test. We enabling the government to better pro- protection of true national security in- need to ensure that originating agen- tect information which is truly sen- formation remains vital to the well- cies are expressly involved in any de- sitive. being and security of the United classification process to avoid the mis- As the Majority Leader mentioned, States. takes that have recently been made. I for the past five decades, the secrecy Mr. MOYNIHAN. I agree with the also hope there is adequate authority system has been governed by a series of Senator. One of the important rec- for agencies to meet their legitimate six Executive Orders, none of which has ommendations of the Commission was budgetary and source-protection con- created a stable system that protects a proposal for a statute establishing a cerns. only that information deemed vital to general classification regime and cre- I am confident that the deliberative the national security of the United ating a national declassification cen- process of committee consideration States. ter. The four Congressional members of will address my concerns and the le- Mr. MOYNIHAN. I thank the two the Commission, Representatives COM- gitimate concerns expressed by the De- leaders for their support and welcome BEST and HAMILTON, Senator HELMS, fense Department, the intelligence them to an effort that began in the and I, proposed just such a statute last community, and others. I know that 103rd Congress with the adoption of May, the Government Secrecy Act, the Director of Central Intelligence P.L. 103–236, establishing the Commis- S.712. testified last month that he wants to sion on Protecting and Reducing Gov- Mr. DASCHLE. In deciding that we sit down with Senator MOYNIHAN and ernment Secrecy. This bi-partisan needed to design a better, more ration- address those concerns in such a way commission, which I had the privilege al classification system, I was moved that we protect sources and methods of chairing, and on which Senator by the fact that under the current sys- while opening more old intelligence HELMS played an important role, issued tem we are classifying an enormous files to the serious researcher and the its unanimous report last March. The amount of information each and every general public. I hope that this process Commission found that the current year. For example, in 1996 alone, the of committee consideration can be system neither protects nor releases Federal Government created 386,562 completed this spring and that we can national security information particu- Top Secret, 3,467,856 Secret, and expeditiously schedule floor time for larly well. 1,830,044 Confidential items: a total of Mr. HELMS. Mr. President, I thank legislation addressing this important 5,789,625 classification actions. issue. the distinguished leaders, but I am also I want to close with a special tribute deeply grateful to the able senior Sen- Mr. MOYNIHAN. Last year the number of officials with the authority to to Senator MOYNIHAN’s diligence in ator from New York. For too long the this effort. He is not just motivated by government has classified information classify documents originally de- the fact that too much information is which has no business being classified. creased by 959 to 4,420. Presumably, classified and is kept secret too long. When I came to the Senate, I was a this should reduce the number of clas- He is also motivated by a scholar’s de- member of the Armed Services Com- sifications, but the number of classi- sire to know the truth, and by the his- mittee and I remember that I went to fications increased by nearly two- torian’s desire to fully explain past many classified briefings, only to be in- thirds, over 5.7 million. There cannot events. I salute his efforts and share formed, in great detail, of everything be 5.7 million secrets a year which, if his concerns. Openness is important in that was in the New York Times and revealed, would cause ‘‘damage’’ to the our democracy. In the words of the Se- Washington Post that morning. The national security. To paraphrase Jus- crecy Commission, chaired by Senator most frustrating thing was that we tice Potter Stewart’s decision regarding the Pentagon Papers, when every- MOYNIHAN, ‘‘Secrecy is a form of gov- could not talk about the information ernment regulation . . . some secrecy from those meetings because it was thing is secret, nothing is secret. is vital to save lives, bring miscreants classified. Mr. DASCHLE. In addition to costing to justice, protect national security, Mr. MOYNIHAN. The central fact is the taxpayer billions annually, this ex- and engage in effective diplomacy . . . that we live today in an information cessive government secrecy leads to a National Security will continue to be age. Open sources give us the vast ma- host of other problems. Secrecy ham- the first of our national concerns, but jority of what we need to know in order pers the exchange of information with- we also need to develop methods for to make intelligent decisions. Anal- in the government, leads to public mis- the treatment of government informa- ysis, far more than secrecy, is the key trust, and makes leaking classified in- tion that better serve, not undermine, to security. Decisions made by people formation the norm. this objective.’’ In the words of Chair- at ease with disagreement and ambi- I think it would be useful at this man MOYNIHAN himself: ‘‘It is time also guity and tentativeness. Decisions point to note that this legislation will to assert certain American fundamen- made by those who understand how to not require the disclosure of a single tals, foremost of which is the right to exploit the wealth and diversity of pub- document or fact deemed vital to our know what government is doing, and licly available information, who no national security. Instead, this legisla- the corresponding ability to judge its longer simply assume that clandestine tion will prevent the government from performance.’’ I could not agree more. collection, i.e. ‘‘stealing secrets’’, stamping ‘‘Classified’’ on information I look forward to continuing to work equates with greater intelligence. that is not sensitive. with Senator MOYNIHAN and others in We are not going to put an end to se- The Clinton administration has made enacting legislation on government secrecy. It is at times legitimate and significant reforms to open govern- crecy this year. necessary. But a culture of secrecy ment information. For example, last Mr. DASCHLE. I thank the Majority need not remain the norm in American month, Secretary of Energy Federico Leader for raising this important issue government as regards national secu- Pena announced that he would seek to and am pleased to join him as a co- rity. It is possible to conceive that a end the practice that considered all sponsor of the Government Secrecy competing culture of openness might atomic weapons information as ‘‘born

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1251 classified’’ and instead would only clas- only applies to atomic secrets, there requires continued protection. Infor- sify ‘‘where there is a compelling na- are few statutes dealing with these mation not declassified within 10 years tional security interest’’. The Depart- issues. If secrecy is a form of regula- may not remain classified for more ment of Energy is to be commended for tion, then this legislation will serve a than 30 years without another certifi- its efforts in recent years to make similar purpose to the Administrative cation. It requires that a balancing available information concerning nu- Procedure Act for the secrecy system. test be established in making classi- clear tests conducted in this country And there has been little Congres- fication and declassification decisions and their effects on human health and sional oversight. I believe the Commis- so that officials must weigh the benefit the environment. This is a useful step. sion on Protecting and Reducing Gov- from public disclosure of information However, as the statistics I cited above ernment Secrecy, which Senator MOY- against the need for initial or contin- for 1996 make clear, there is still much NIHAN chaired, is only the second statu- ued protection of the information more to be done. tory examination of the secrecy sys- under the classification system. Mr. MOYNIHAN. Such efforts are tem. The bill also establishes a national welcome and should be encouraged. Mr. MOYNIHAN. That is correct— declassification center to coordinate However, to ensure that they are car- there has been only one other statu- and oversee the declassification poli- ried out across the government and in tory inquiry into this subject. This was cies and practices of the Federal Gov- a sustained manner, our Commission the Commission on Government Secu- ernment to ensure that declassification proposed that legislation be adopted. rity, established in 1955 by the 84th is efficient, cost-effective, and con- Mr. DASCHLE. Greater Congres- Congress, known as the Wright Com- sistent. sional oversight of classification policy mission for its Chairman, Lloyd I thank the Majority Leader for rais- is long overdue. For too long, classi- Wright, past President of the American ing his concerns. It is my sincere inten- fication and declassification policy Bar Association. This was a distin- tion to work with the Majority Leader have been both developed and imple- guished bipartisan body, which in- and other interested Senators to per- mented by bureaucrats, often anony- cluded in its membership Senators fect this legislation, so that we might mously. Consideration of the Govern- John C. Stennis of Mississippi and Nor- pass it in the coming months. ment Secrecy Act, S.712, will promote ris Cotton of New Hampshire, along Mr. SHELBY. Mr. President, I rise an open discussion of the advantages with Representatives William M. because I have some grave concerns and disadvantages of secrecy, a discus- McCulloch of Ohio and Francis E. Wal- with the current form of the Govern- sion which is not limited to the views ter of Pennsylvania. ment Secrecy Act of 1997 (S. 712) and I of those who are charged with imple- The Commission report, issued 40 am pleased that the distinguished Ma- menting classification policy. years ago, is a document of careful bal- jority Leader and my distinguished col- Mr. MOYNIHAN. If the Report of the ance and great detail. The Commission leagues are open to a discussion of this Commission on Protecting and Reduc- was concerned with classification as a legislation with the goal of estab- ing Government Secrecy is to serve cost. Free inquiry, like free markets, is lishing the basic principles on which any large purpose, it is to introduce the most efficient way to get good re- Federal classification and declassifica- the public to the thought that secrecy sults. The Commission set forth a great tion programs are to be based. More is a mode of regulation. In truth, it is many proposals ranging from Atomic stability, reliability, and consistency the ultimate mode, for the citizen does Energy to Passport Security, but its are needed in the government’s ap- not even know that he or she is being legislative proposals were concise: the proach to both the protection—and I regulated. Normal regulation concerns proposal to outlaw by statute ‘‘disclo- emphasize protection—as well as the how citizens must behave, and so regu- sures of classified information. . . by release of classified information to the lations are widely promulgated. Se- persons outside as well as within the public. The recent compromise of sen- crecy, by contrast, concerns what citi- Government’’ was quickly perceived as sitive information through rushed de- zens may know. The citizen is not told prior restraint: press censorship. The classification highlights the need for what may not be known. response was swift and predictable. The more oversight and accountability of With the arrival of the New Deal recommendation was criticized strong- the declassification process. I have se- agencies in the 1930s, it became clear ly in articles and editorials in a variety rious concerns that S. 712 does not ade- that public regulation needed to be of newspapers, notably by James Res- quately protect sensitive intelligence made more accessible to the public. In ton. And the Commission’s rec- sources and methods and will unneces- 1935, for example, the Federal Register ommendations were dropped. sarily cost the taxpayers many hun- began publication. Thereafter all pub- Mr. DASCHLE. The Government Se- dreds of millions of dollars. lic regulations were published and ac- crecy Commission has learned from I support the Commission on Govern- cessible. In 1946, the Administrative history and issued much more prudent ment Secrecy’s finding that the public Procedure Act established procedures proposals. Some individuals have has a right of access to the large ma- by which the citizen can question and raised constitutional concerns regard- jority of government-held information even litigate regulation. In 1966, the ing this legislation, but the Govern- and that, in general, too much infor- Freedom of Information Act, tech- ment Secrecy Act (S. 712) respects the mation is classified and kept secret too nically an amendment to the original President’s constitutional prerogatives long. However, secrecy is essential to 1946 Act, provided citizens yet more ac- by maintaining the authority of the intelligence, and U.S. security has de- cess to government files. President to establish categories of pended and still depends on secrecy to The Administrative Procedure Act classified information and procedures succeed. We must proceed with caution brought some order and accountability for classifying information. The prece- in our commitment to make more clas- to the flood of government regulations dent for Congressional action has al- sified information available to the pub- that at time bids fare to overwhelm us. ready been established by the Atomic lic. In this regard, I am concerned that Even so, ‘‘over-regulation’’ is a con- Energy Act, the Espionage Act, and the some provisions of S. 712 erode the Di- tinuing theme in American life, as in National Security Act. rector of Central Intelligence’s statu- most modern administrative states. Se- Mr. MOYNIHAN. The Government tory authority and ability to protect crecy would be such an issue, save that Secrecy Act will provide a framework intelligence sources and methods. secrecy is secret. Make no mistake, for our secrecy system which can limit Further, the bill will cost untold mil- however. It is a parallel regulatory re- the number of documents initially lions to declassify and release the tre- gime with a far greater potential for classified and significantly reduce the mendous amount of currently classified damage if it malfunctions. backlog of already classified docu- material in a way that still protects Mr. DASCHLE. One of the most ments. It sets standards for declas- the most sensitive sources and meth- striking aspects of the Commission re- sification whereby information may ods. For example, DOD reports to have port is the lack of Congressional in- not remain classified for longer than 10 over 1.2 billion pages of 25 year and volvement in the secrecy system. years unless the head of the agency older material of historical value that Apart from the Espionage Act of 1917 which created the information certifies requires review for declassification. and the Atomic Energy Act, which to the President that the information The current estimated average cost of

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1252 CONGRESSIONAL RECORD — SENATE March 3, 1998 review is $1 a page. This means that own lives, in their own businesses, and, our nation’s classification policy. The the cost of declassification of this most important, in making decisions Commission on Protecting and Reduc- group of documents alone will be over as citizens in a democracy—is provided ing Government Secrecy was not able $1.2 billion—that’s billion with a ‘‘B’’, to them when we can make it available to find a single example of a congres- Mr. President. without compromising our safety. sional hearing on the issue of executive I am also concerned that the so- We make the unusual decision to branch secrecy policy. At the very called Declassification Center created keep things secret for a reason: Be- least, Congress needs to improve its in S. 712 will not correct the problems cause those secrets help to keep Ameri- oversight of this issue. As part of this facing the current declassification sys- cans safe. Our government classifies in- effort, the Senate Select Committee on tem. It will end up being another cost- formation to help protect our citizens Intelligence is scheduled to hold a ly and unnecessary government bu- and preserve the security of our nation. hearing on this issue later this year. reaucracy. Instead, to promote greater When the Director of Central Intel- Senators MOYNIHAN and HELMS have accountability, I propose that we cre- ligence goes to the President or to Con- shown great leadership in addressing ate a more effective and enhanced Ex- gress to tell us of the threats our na- the issue of governmental secrecy. ecutive branch oversight function for tion faces, he can do so because there Their work on the Secrecy Commission classification and declassification pro- are men and women around the globe has helped provide the Senate with the grams. In addition, I believe sanctions risking their lives to provide our na- necessary context and analysis of gov- for unauthorized disclosures should be tion’s leaders with the information ernment secrecy we need to address added to the bill. We need to consider they need to protect our country. this issue. Their legislation S. 712, the new and unique categories of secrecy Whether the intelligence deals with Government Secrecy Act of 1997, goes a for our most sensitive intelligence op- foreign leaders, terrorists, narcotics long way towards outlining a balanced erations—perhaps to include very seri- traffickers, or military troop move- government policy which protects the ous penalties for public discussion of ments, our government needs to keep most sensitive information while al- certain information secret or our na- these activities. lowing the public access to as much in- tion’s security will suffer. Finally, I am troubled that the bill formation as possible. Yet much of the information on for- leaves open the possibility of judicial In my discussions with Director of eign countries collected by our Intel- review of Executive branch classifica- Central Intelligence George Tenet, I ligence Community can and should be tion decisions. This will undoubtedly have learned that the Intelligence shared with the American people. With lead to costly legal challenges that Community does have concerns with the growth of open source information could result in judicial second-guessing the current version of S. 712. The CIA’s and widespread availability of informa- concerns include their desire that the of the Commander-in-Chief on national tion technology, the American public originator of classified information be security matters. is also increasingly a consumer of in- I look forward to addressing these in charge of its declassification, and telligence. We live in a very complex and other concerns in our Committee. that the classification and declassifica- world, with intertwining relationships Our collective goal should be to craft between nations shaped by history and tion process not be subject to judicial legislation that establishes a sensible culture. It is difficult for policy- review. I look forward to working with framework for a classification and de- makers—those of us who study foreign Senators HELMS and MOYNIHAN, with classification system that continues to policy, who have access to classified in- Director Tenet, and the Administra- protect sources and methods while im- formation and analysis, and who re- tion to develop legislative language proving oversight and accountability ceive detailed government briefings— which meets the twin goals of keeping at an affordable cost. to get the information we need for an America safe and ensuring our govern- Thank you, Mr. President. informed view on foreign policy issues. ment responds to the needs of its citi- Mr. KERREY. Mr. President, for Our citizens have an even more limited zens for information. Americans government secrecy is a amount of information available to Because the Department of Defense paradox. In a democracy, it’s an un- help them understand what occurs out- and the Central Intelligence Agency usual action for us to decide to keep side our nation’s border. Which is why are responsible for the vast majority of something secret from the public, be- I believe the more information the information that requires classifica- cause it’s their government. What we American public has with which to un- tion, I believe the committees respon- do is for the people. It’s carried out in derstand foreign policy the better. sible for oversight of these entities— their name. So it’s unusual to do the Mr. President, we need to continue to the Senate Armed Services Committee public’s business in secret. protect ‘‘sources and methods’’, a term and the Senate Select Committee on There is only one legitimate reason of art which refers to the people work- Intelligence—should have the oppor- for our government to keep something ing to collect intelligence and the tunity to review S. 712. I hope that secret from its citizens: To keep Amer- means by which they do so. Yet, when such a sequential referral can be ar- ica safe. As Vice Chairman of the Sen- we acquire information whose release ranged. ate Select Committee on Intelligence, I will not threaten sources and methods, Mr. President, we seek legislation have been exposed to many things that, or have information so dated that the that is in balance. We seek secrecy leg- if made public, would threaten the se- people and means used to collect it are islation which protects the safety of curity of our citizens and our nation. no longer in jeopardy, the government our citizens and the security of our na- But I have also seen valuable informa- should release this information to the tion, but also ensures that our govern- tion unnecessarily kept from the public public. ment’s policies, actions, and informa- view. Which is why I support this effort We must act this year to reverse a tion will be as open as possible to its to change the way our government fifty year trend and reduce government citizens. We must help keep America classifies and declassifies its informa- secrecy, including intelligence secrecy. safe, while also assuring that our action. The classification system has been reg- tions truly reflect those of a govern- Secrecy is the exception, not the ulated by executive order for five dec- ment of, by and for the people. I look rule, in these matters for a number of ades, with new executive orders contra- forward to the challenge. I yield the reasons. The first and foremost is that dicting previous ones and producing floor. this is government of, by and for the new costs for all agencies involved. Mr. THOMPSON. Mr. President, I ap- people. The second stems from that old What is or is not a secret should not be preciate the attention being given to adage ‘‘sunshine is the best disinfect- subject to a change in political leader- the Government Secrecy Act, S. 712, by ant’’. We do a better job in the open, ship. Congress should place in statute Senator LOTT and Senator DASCHLE. I where our ideas and actions are subject the concept of what is or is not classi- also wish to commend Senators MOY- to the test of scrutiny, criticism and fied information, and provide general NIHAN and HELMS for the hard work feedback, than we do in secret. And standards for classifying and declas- they have put into this issue as Senate third, because information we gather sifying information. members of the Commission on Protec- belongs to the people, we should make Mr. President, Congress bears some tion and Reducing Government Se- sure information they can use—in their of the responsibility for the status of crecy.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1253 To review the entire secrecy system, Committee on Governmental Affairs, WELCOMING DR. KAMIL IDRIS, DI- Congress established the Secrecy Com- the bill raises important issues of in- RECTOR GENERAL OF THE mission in 1994. Last year, the Commis- terest to the Select Committee on In- WORLD INTELLECTUAL PROP- sion issued its final report. The Gov- telligence, the Armed Services Com- ERTY ORGANIZATION ernmental Affairs Committee held a mittee, and the Committee on Foreign Mr. HATCH. Mr. President, I rise hearing on the Commission’s rec- Relations. I am fully committed to today to welcome to the United States ommendations when they were first working with each of these committees Dr. Kamil Idris, the Director General issued. Among the recommendations of as the bill moves forward. of the World Intellectual Property Or- the Commission was establishing a f ganization (WIPO). As many of my col- statutory basis for our secrecy system. leagues know, Dr. Idris was elected Di- Apart from nuclear secrets, there has SUPPLEMENTARY NOTICE OF PROPOSED RULEMAKING rector General in November 1997, suc- never been a coordinated statutory ceeding Dr. Arpad Bogsch, who served basis for establishing and maintaining Mr. THURMOND. Mr. President, pur- in that capacity for 25 years. As Direc- government secrets. Consequently, suant to Section 303 of the Congres- tor General, Dr. Idris is responsible for there is little coordination among sional Accountability Act of 1995 (2 overseeing WIPO’s strong efforts in agencies on how information is deter- U.S.C. sec. 1383, a Supplementary No- promoting intellectual property pro- mined to be secret, little account- tice of Proposed Rulemaking was sub- tection across the globe. ability among classifying officials, and mitted by the Office of Compliance, Dr. Idris has had a long and distin- little Congressional oversight of the U.S. Congress. The Supplementary No- guished diplomatic career on behalf of government’s secrecy activities. tice extends the comment period of a his native Sudan. He is particularly The Commission also described how prior notice. well-known in international intellec- the secrecy system functions as a form Section 304(b) requires this Notice to tual property circles through his 16 of government regulation, imposing be printed in the CONGRESSIONAL years of effective service to WIPO, significant costs on the government RECORD, therefore I ask unanimous most recently as Deputy Director Gen- and the private sector. It is time to consent that the notice be printed in eral. I was pleased to visit with Dr. begin reviewing these costs and iden- the RECORD. Idris informally shortly after his elec- tify which secrets really need to be There being no objection, the notice tion as Director General and once kept and which do not. Like other was ordered to be printed in the again wish him success in his new posi- areas of government regulation, we RECORD, as follows: tion. need to inject a cost/benefit analysis OFFICE OF COMPLIANCE—THE CONGRESSIONAL I would note that Dr. Idris is taking into the process to be sure that those ACCOUNTABILITY ACT OF 1995: AMENDMENTS the helm of WIPO at a critical juncture secrets we do keep are worth the cost. TO PROCEDURAL RULES in the evolution of international intel- The Government Secrecy Act is an SUPPLEMENTARY NOTICE OF PROPOSED lectual property protection. Nations issue of good government reform that RULEMAKING—EXTENSION OF COMMENT PERIOD throughout the world will look to his needs consideration by Congress. I in- Summary: On October 1, 1997, the Execu- leadership in promoting a global fabric tend to work with Senator GLENN, the tive Director of the Office of Compliance of intellectual property protection in Ranking Member of the Governmental (‘‘Office’’) published a Notice of Proposed the ever-explosive digital age. The Affairs Committee, to report an Rulemaking (‘‘NPRM’’) to amend the Proce- WIPO Copyright Treaty and the WIPO amended S. 712 very soon. The United dural Rules of the Office of Compliance to Performances and Phonograms Treaty, cover the General Accounting Office and the both signed in Geneva in December States needs a secrecy system that Library of Congress and their employees, 143 1996, are important components of that does a better job of identifying those CONG. REC. S10291 (daily ed. Oct. 1, 1997), and secrets which truly must be kept, and on January 28, 1998, the Executive Director fabric. The United States has an oppor- which then can truly keep them secret. published a Supplementary Notice of Pro- tunity to set standards for the world to Mr. GLENN. Mr. President, I concur posed Rulemaking requesting further com- follow by ratifying and implementing that this is an important issue that our ment on issues raised in comments sub- these treaties in a timely fashion. I Committee takes very seriously. We mitted by the Library of Congress, 144 CONG. have joined with my colleagues Sen- held a hearing on the Commission’s re- REC. S86 (daily ed. Jan. 28, 1998). ator LEAHY, Senator THOMPSON, and At the request of a commenter, the com- port last year, and I know that the Senator KOHL to introduce legislation ment period stated in the Supplementary Chairman has wanted to return to this Notice of Proposed Rulemaking has been ex- to do just that. I look forward to Dr. matter this year. tended for two weeks, until March 13, 1998. Idris’ support of similar efforts to im- The question of establishing a statu- Dates: Comments are due no later than plement these treaties in an effective tory framework for classification and March 13, 1998. manner in the remainder of the WIPO declassification has long been a matter Addresses: Submit comments in writing member countries. of debate. Our own committee held ex- (an original and 10 copies) to the Executive Dr. Idris’ visit today marks his first tensive hearings on this subject in 1973 Director, Office of Compliance, Room LA 200, official visit to the United States. He and 1974. John Adams Building, 110 Second Street, will be accompanied by the Commis- The current system is governed by S.E., Washington, D.C. 20540–1999. Those sioner of Patents and Trademarks, wishing to receive notification of receipt of Presidential executive order, and, as comments are requested to include a self-ad- Bruce Lehman, who will join Dr. Idris the Majority Leader noted, this has led dressed, stamped post card. Comments may in meetings with the Secretary of Com- over time to inconsistencies in policies also be transmitted by facsimile (‘‘FAX’’) merce and other agency officials who and procedures. Some have questioned, machine to (202) 426–1913. This is not a toll- play important roles in safeguarding however, whether legislation is needed. free call. and promoting American ingenuity. I believe that it is proper for Congress Availability of comments for public re- Dr. Idris will also have the opportunity to legislate on this subject, while of view: Copies of comments received by the Of- to meet with many of the leaders of course still respecting the authority of fice will be available for public review at the our creative sectors, among them the Law Library Reading Room, Room LM–201, the President in this area. This prin- Law Library of Congress, James Madison pharmaceutical, motion picture, soft- ciple of shared authority was recog- Memorial Building, Washington, D.C., Mon- ware, information technology, broad- nized in the passage of the Atomic En- day through Friday, between the hours of casting, publishing, and recording in- ergy Act, the Espionage Act, and the 9:30 a.m. and 4:00 p.m. dustries. Each of these industries de- National Security Act. If Congress acts For further information contact: Executive pend on the work of WIPO to assist now to establish a statutory classifica- Director, Office of Compliance, at (202) 724– them in securing effective protection tion and declassification system, we 9250 (voice), (202) 426–1912 (TTY). This Notice for their intellectual property in the should take a similarly balanced ap- will also be made available in large print or international marketplace. braille or on computer disk upon request to I am pleased that Dr. Idris has made proach. the Office of Compliance. Balance is also needed in our ap- Signed at Washington, D.C., on this 27th this important visit. I am sure I am proach to considering the legislation in day of February, 1998. joined by my colleagues in welcoming the Senate. While S. 712 has been prop- RICKY SILBERMAN, him today and in wishing him the best erly referred to our committee, the Executive Director, Office of Compliance. in his activities here. I look forward to

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1254 CONGRESSIONAL RECORD — SENATE March 3, 1998 continuing to work with him in a close REPORT OF THE DEPARTMENT OF Americans—to form a Civic Alliance, and cooperative relationship. HOUSING AND URBAN DEVELOP- targeting youth drug use. By mobi- MENT FOR CALENDAR YEAR lizing people and empowering commu- f 1996—MESSAGE FROM THE PRESI- nities, we are defeating drugs through THE VERY BAD DEBT BOXSCORE DENT—PM 103 a child-by-child, street-by-street, and The PRESIDING OFFICER laid be- neighborhood-by-neighborhood ap- MR. HELMS. Mr. President, at the proach. close of business yesterday, Monday, fore the Senate the following message from the President of the United We have also helped make our streets March 2, 1998, the federal debt stood at and communities safer by strength- $5,514,791,303,162.77 (Five trillion, five States, together with an accompanying report; which was referred to the Com- ening law enforcement. Through my hundred fourteen billion, seven hun- Administration’s Community Oriented dred ninety-one million, three hundred mittee on Banking, Housing, and Urban Affairs. Police (COPs) program, we are helping three thousand, one hundred sixty-two put 100,000 more police officers in dollars and seventy-seven cents). To the Congress of the United States: towns and cities across the Nation. We Five years ago, March 2, 1993, the fed- Pursuant to the requirements of 42 are taking deadly assault weapons out eral debt stood at $4,205,665,000,000 U.S.C. 3536, I transmit herewith the 32d of the hands of drug dealers and gangs, (Four trillion, two hundred five billion, Annual Report of the Department of making our streets safer for our fami- six hundred sixty-five million). Housing and Urban Development, lies. We have taken steps to rid our Ten years ago, March 2, 1988, the fed- which covers calendar year 1996. prisons of drugs, as well as to break the eral debt stood at $2,489,404,000,000 (Two WILLIAM J. CLINTON. vicious cycle of drugs and crime. These trillion, four hundred eighty-nine bil- THE WHITE HOUSE, March 3, 1998. efforts are making a difference: violent lion, four hundred four million). f crime in America has dropped dramati- Fifteen years ago, March 2, 1983, the REPORT ENTITLED ‘‘1998 NA- cally for 5 years in a row. federal debt stood at $1,220,347,000,000 TIONAL DRUG CONTROL STRAT- Over the last year, the United States (One trillion, two hundred twenty bil- EGY’’—MESSAGE FROM THE and Mexico reached agreement on a lion, three hundred forty-seven mil- PRESIDENT—PM 104 mutual Threat Assessment that defines lion). the scope of the common threat we The PRESIDING OFFICER laid be- Twenty-five years ago, March 2, 1973, face; and, an Alliance that commits our fore the Senate the following message the federal debt stood at $455,045,000,000 great nations to defeating that threat. from the President of the United (Four hundred fifty-five billion, forty- Soon, we will sign a bilateral Strategy States, together with an accompanying five million) which reflects a debt in- that commits both nations to specific report; which was referred to the Com- crease of more than $5 trillion actions and performance benchmarks. mittee on the Judiciary. —$5,059,746,303,162.77 (Five trillion, Our work to enhance cooperation with- fifty-nine billion, seven hundred forty- To the Congress of the United States: in the hemisphere and worldwide is al- six million, three hundred three thou- On behalf of the American people, I ready showing results. For example, sand, one hundred sixty-two dollars am pleased to transmit the 1998 Na- Peruvian coca production has declined and seventy-seven cents) during the tional Drug Control Strategy to the Con- by roughly 40 percent over the last 2 past 25 years. gress. The 1998 Strategy reaffirms our years. In 1997, Mexican drug eradi- bipartisan, enduring commitment to f cation rates reached record levels, and reduce drug use and its destructive seizures increased nearly 50 percent MESSAGES FROM THE PRESIDENT consequences. over 1996. This year’s Strategy builds upon the We are making a difference. Drug use Messages from the President of the 1997 Strategy and is designed to reduce in America has declined by 50 percent United States were communicated to drug use and availability in America in over the last decade. For the first time the Senate by Mr. Williams, one of his half over the next 10 years—a historic in 6 years, studies show that youth secretaries. new low. This plan has been developed drug use is beginning to stabilize, and EXECUTIVE MESSAGES REFERRED under the leadership of General Barry in some respects is even declining. And As in executive session the Presiding McCaffrey, Director of National Drug indications are that the methamphet- Officer laid before the Senate messages Control Policy, in close consultation amine and crack cocaine epidemics, from the President of the United with the Congress, the more than 50 which in recent years were sweeping States submitting sundry nominations Federal agencies and departments in- the Nation, have begun to recede. which were referred to the appropriate volved in the fight against drugs, the However, we must not confuse committees. dedicated men and women of law en- progress with ultimate success. Al- (The nominations received today are forcement, and with stakeholders— though youth drug use has started to printed at the end of the Senate pro- mayors, doctors, clergy, civic leaders, decline, it remains unacceptably high. ceedings.) parents, and young people—drawn from More than ever, we must recommit ourselves to give parents the tools and f all segments of our society. I am also proud to report that we support they need to teach children REPORT OF THE INTERAGENCY have made real and substantial that drugs are dangerous and wrong. ARCTIC RESEARCH POLICY COM- progress in carrying out the goals of That is why we must improve the Safe MITTEE—MESSAGE FROM THE the 1997 Strategy. Working with the and Drug-Free Schools program, and PRESIDENT—PM 102 Congress, we have begun the National other after school initiatives that help Anti-Drug Youth Media Campaign. keep our kids in school, off drugs, and The PRESIDING OFFICER laid be- Now when our children turn on the tel- out of trouble. We must hire 1,000 new fore the Senate the following message evision, surf the ‘‘net,’’ or listen to the border patrol agents and close the door from the President of the United radio, they can learn the plain truth on drugs at our borders. We must re- States, together with an accompanying about drugs: they are wrong, they put double our efforts with other nations report; which was referred to the Com- your future at risk, and they can kill to take the profits out of drug dealing mittee on Governmental Affairs. you. I thank you for your vital support and trafficking and break the sources To the Congress of the United States: in bringing this important message to of supply. And we must enact com- As required by section 108(b) of Pub- America’s young people. prehensive bipartisan tobacco legisla- lic Law 98–373 (15 U.S.C. 4107(b)), I Together, we enacted into law the tion that reduces youth smoking. transmit herewith the Seventh Bien- Drug-Free Communities Act of 1997, These and other efforts are central ele- nial Report of the Interagency Arctic which will help build and strengthen ments of the 1998 National Drug Control Research Policy Committee (February 14,000 community anti-drug coalitions Strategy. 1, 1996 to January 31, 1998). and brought together civic groups— With the help of the American public, WILLIAM J. CLINTON. ranging from the Elks to the Girl and the ongoing support of the Con- THE WHITE HOUSE, March 3, 1998. Scouts and representing over 55 million gress, we can achieve these goals. In

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1255 submitting this plan to you, I ask for Wasylko, which nominations were received ROBB, Mr. SANTORUM, Mr. KYL, Mr. your continued partnership in defeat- by the Senate and appeared in the Congres- AKAKA, Mr. LIEBERMAN, Mr. ALLARD, ing drugs in America. Our children and sional Record of February 2, 1998 Mr. COCHRAN, Mr. GRAHAM, Mr. this Nation deserve no less. In the Foreign Service nomination of Lyle GRASSLEY, Mr. WYDEN, Mr. FAIR- J. Sebranek, which was received by the Sen- CLOTH, Mrs. MURRAY, Mr. KOHL, Mr. ILLIAM LINTON W J. C . ate and appeared in the Congressional MACK, Ms. MIKULSKI, Mr. CRAIG, Mr. THE WHITE HOUSE, March 3, 1998. Record of February 2, 1998 BURNS, Mr. BROWNBACK, Mr. DODD, f f Mr. DORGAN, Mr. ROCKEFELLER, Mr. SMITH of Oregon, Mr. HATCH, Mr. REPORTS OF COMMITTEES INTRODUCTION OF BILLS AND LAUTENBERG, Mr. REID, Mr. COVER- The following reports of committees JOINT RESOLUTIONS DELL, Mr. ENZI, Mr. GRAMM, Mr. KEMPTHORNE, Mr. HELMS, Mr. BAU- were submitted: The following bills and joint resolu- By Mr. HELMS, from the Committee on CUS, Ms. COLLINS, Mr. COATS, Mr. tions were introduced, read the first GRAMS, Mrs. FEINSTEIN, Mr. SAR- Foreign Relations, without amendment: and second time by unanimous con- H.R. 1116. A bill to provide for the convey- BANES, Mr. DEWINE, and Mr. SMITH of ance of the reversionary interest of the sent, and referred as indicated: New Hampshire): United States in certain lands to the Clint By Mr. COVERDELL: S. Res. 188. A resolution expressing the Independent School District and the Fabens S. 1698. A bill to amend the Immigration sense of the Senate regarding Israeli mem- Independent School District. and Nationality Act to create a new non- bership in a United Nations regional group; By Mr. HELMS, from the Committee on immigrant category for temporary agricul- to the Committee on Foreign Relations. Foreign Relations, without amendment and tural workers admitted pursuant to a labor By Mr. TORRICELLI (for himself, Ms. with a preamble: condition attestation; to the Committee on LANDRIEU, Mrs. BOXER, Ms. SNOWE, S. Res. 174. A resolution to state the sense the Judiciary. Mrs. MURRAY, and Mr. DASCHLE): of the Senate that Thailand is a key partner By Mr. ALLARD: S. Res. 189. A resolution honoring the 150th and friend of the United States, has com- S. 1699. A bill to authorize the Secretary of anniversary of the United States Women’s mitted itself to executing its responsibilites Transportation to issue a certificate of docu- Rights Movement that was initiated by the under its arrangements with the Inter- mentation with appropriate endorsement for 1848 Women’s Rights Convention held in Sen- national Monetary Fund, and that the employment in the coastwise trade for the eca Falls, New York, and calling for a na- United States should be prepared to take ap- vessel BILLIE–B–II; to the Committee on tional celebration of women’s rights in 1998; propriate steps to ensure continued close bi- Commerce, Science, and Transportation. to the Committee on the Judiciary. lateral relations. By Mr. MOYNIHAN (for himself, Mr. By Mr. FEINGOLD (for himself and S. Con. Res. 60. A concurrent resolution ex- KERRY, and Ms. MOSELEY-BRAUN): Mrs. FEINSTEIN): S. Res. 190. A resolution to express the pressing the sense of Congress in support of S. 1700. A bill to designate the head- sense of the Senate regarding reductions in efforts to foster friendship and cooperation quarters building of the Department of Hous- class size; to the Committee on Labor and between the United States and Mongolia, ing and Urban Development in Washington, Human Resources. and for other purposes. District of Columbia, as the ‘‘Robert C. Wea- S. Con. Res. 78. A concurrent resolution rever Federal Building’’; to the Committee on f lating to the indictment and prosecution of Environment and Public Works. STATEMENTS ON INTRODUCED Saddam Hussein for war crimes and other By Ms. COLLINS (for herself, Mr. JEF- BILLS AND JOINT RESOLUTIONS crimes against humanity. FORDS, and Mr. REED): f S. 1701. A bill to amend the Higher Edu- By Mr. MOYNIHAN (for himself, cation Act of 1965 in order to increase the de- Mr. KERRY, and Ms. MOSELEY- EXECUTIVE REPORTS OF pendent care allowance used to calculate BRAUN): COMMITTEES Pell Grant Awards; to the Committee on S. 1700. A bill to designate the head- The following executive reports of Labor and Human Resources. quarters building of the Department of By Mr. ROCKEFELLER: committees were submitted: S. 1702. A bill to amend the Harmonized Housing and Urban Development in By Mr. HELMS, from the Committee on Tariff Schedule of the United States to Washington, District of Columbia, as Foreign Relations: change the special rate of duty on purified the ‘‘Rovert C. Weaver Federal Build- Robert T. Grey, Jr., of Virginia, for the terephtalic acid imported from Mexico; to ing’’; to the Committee on Environ- rank of Ambassador during his tenure of the Committee on Finance. ment and Public Works. service as United States Representative to By Mrs. BOXER (for herself and Mrs. the Conference on Disarmament. THE ROBERT C. WEAVER FEDERAL BUILDING FEINSTEIN): DESIGNATION ACT OF 1997 (The above nomination was reported S. 1703. A bill to provide for the convey- Mr. MOYNIHAN. Mr. President, I rise with the recommendation that he be ance of certain property from the United States to Stanislaus County, California; to to introduce legislation to name the confirmed, subject to the nominee’s Housing and Urban Development (HUD) commitment to respond to requests to the Committee on Commerce, Science, and Transportation. headquarters here in Washington after appear and testify before any duly con- By Mr. COVERDELL (for himself, Mrs. Dr. Robert C. Weaver, adviser to three stituted committee of the Senate.) FEINSTEIN, Mr. HELMS, and Mr. Presidents, director of the NAACP, and Mr. HELMS. Mr. President, for the HUTCHINSON): the first African-American Cabinet Committee on Foreign Relations, I also S.J. Res. 42. A joint resolution to dis- Secretary. I am pleased that Senators report favorably three nomination lists approve the certification of the President KERRY and MOSELEY-BRAUN are co- under section 490(b) of the Foreign Assist- in the Foreign Service which were sponsors of my bill. I would point out printed in full in the CONGRESSIONAL ance Act of 1961 regarding foreign assistance for Mexico during fiscal year 1998; to the that Senator KERRY was poised to in- RECORDS of October 31, 1997 and Feb- Committee on Foreign Relations. troduce similar legislation; in fact, he ruary 2, 1998, and ask unanimous con- S.J. Res. 43. A joint resolution to dis- sent out a Dear Colleague on the sub- sent, to save the expense of reprinting approve the certification of the President ject last November. But he graciously on the Executive Calendar, that these under section 490(b) of the Foreign Assist- deferred to me, and I am most appre- nominations lie at the Secretary’s desk ance Act of 1961 regarding assistance for ciative. Bob Weaver was my friend, for the information of Senators. Mexico during fiscal year 1997, and to provide dating back more than 40 years to our The PRESIDING OFFICER. Without for the termination of the withholding of and opposition to assistance that results from service together in the Harriman ad- objection, it is so ordered. ministration. He passed away last July (The nominations ordered to lie on the disapproval; to the Committee on For- at his home in New York City after the Secretary’s desk were printed in eign Relations. spending his entire life broadening op- the RECORDS of October 31, 1997 and f portunities for minorities in America. I February 2, 1998, at the end of the Sen- SUBMISSION OF CONCURRENT AND think it is a fitting tribute to name the ate proceedings.) SENATE RESOLUTIONS HUD building after this great man. In the Foreign Service nominations begin- The following concurrent resolutions Dr. Weaver began his career in gov- ning Kenneth A. Thomas, and ending Charles ernment service as part of President Grandin Wise, which nominations were re- and Senate resolutions were read, and ceived by the Senate and appeared in the referred (or acted upon), as indicated: Franklin D. Roosevelt’s ‘‘Black Cabi- Congressional Record of October 31, 1997 By Mr. MOYNIHAN (for himself, Mr. net,’’ an informal advisory group pro- In the Foreign Service nominations begin- LUGAR, Mr. D’AMATO, Mr. KENNEDY, moting educational and job opportuni- ning Dolores F. Harrod, and ending Stephan Mr. TORRICELLI, Mr. HOLLINGS, Mr. ties for blacks. The Washington Post

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1256 CONGRESSIONAL RECORD — SENATE March 3, 1998 called this work his greatest legacy, SECTION 1. DESIGNATION OF ROBERT C. WEAVER [From the New York Times, July 19, the dismantling of a deeply entrenched FEDERAL BUILDING. 1997] In honor of the first Secretary of Housing system of racial segregation in Amer- ROBERT C. WEAVER, 89, FIRST BLACK CABINET ica. Indeed it was. and Urban Development, the headquarters MEMBER, DIES building of the Department of Housing and Dr. Weaver was appointed Deputy (By James Barron) Commissioner of Housing for New York Urban Development located at 451 Seventh Street, SW., in Washington, District of Co- Dr. Robert C. Weaver, the first Secretary State in 1955, and later became State lumbia, shall be known and designated as the Rent Administrator with Cabinet rank. of Housing and Urban Development and the ‘‘Robert C. Weaver Federal Building’’. first black person appointed to the Cabinet, It was during these years working for died on Thursday at his home in Manhattan. SEC. 2. REFERENCES. New York Governor Averell Harriman He was 89. that I first met Bob; I was Assistant to Any reference in a law, map, regulation, Dr. Weaver was also one of the original di- the Secretary to the Governor and document, paper, or other record of the rectors of the Municipal Assistance Corpora- later, Acting Secretary. United States to the building referred to in tion, which was formed to rescue New York City from financial crisis in the 1970’s. Our friendship and collaboration con- section 1 shall be deemed to be a reference to the ‘‘Robert C. Weaver Federal Building’’. ‘‘He was a catalyst with the Kennedys and tinued under the Kennedy and Johnson then with Johnson, forging new initiatives in administrations. In 1960, he became the housing and education,’’ said Walter E. president of the NAACP, and shortly Washington, the first elected Mayor of the thereafter would become a key adviser [From the Washington Post, July 21, nation’s capital. to President Kennedy on civil rights. 1997] A portly, pedagogical man who wrote four books on urban affairs, Dr. Weaver had made In 1961, Kennedy appointed Dr. Weaver a name for himself in the 1930’s and 1940’s as ROBERT C. WEAVER to head the Housing and Home Finance an expert behind-the-scenes strategist in the Agency, an entity that later became Native Washingtonian Robert C. Weaver, civil rights movement. ‘‘Fight hard and le- the Department of Housing and Urban who died on Thursday in New York City at gally,’’ he said, ‘‘and don’t blow your top.’’ Development. In 1966, when President age 89, had a life of many firsts. Dr. Weaver As a part of the ‘‘Black Cabinet’’ in the ad- Johnson elevated the agency to Cabi- served as a college president, Cabinet sec- ministration of President Franklin D. Roo- sevelt, Dr. Weaver was one of a group of net rank, Dr. Weaver was, in Johnson’s retary, presidential adviser, chairman of the National Association for the Advancement of blacks who specialized in housing, education phrase, ‘‘the man for the job.’’ He thus and employment. After being hired as race Colored People and as a director of the Mu- became its first Secretary, and the relations advisers in various Federal agen- nicipal Assistance Corp., which helped save first African-American to head a Cabi- cies, they pressured and persuaded the White New York City from financial catastrophe. House to provide more jobs, better edu- net agency. Later, he and I served to- But his greatest legacy may be the work he gether on the Pennsylvania Avenue cational opportunities and equal rights. did, largely out of public view, to dismantle Dr. Weaver began in 1933 as an aide to Inte- Commission. a deeply entrenched system of racial seg- rior Secretary Harold L. Ickes. He later Following his government service, regation in America. served as a special assistant in the housing Dr. Weaver was, among various other Before the landmark decade of civil rights division of the Works Progress Administra- academic pursuits, a professor at Hun- advances in the 1960s, Dr. Weaver was one of tion, the National Defense Advisory Commis- ter College, a member of the School of a small group of African American officials sion, the War Production Board and the War in the New Deal era who, as part of the Manpower Commission. Urban and Public Affairs at Carnegie- Shortly before the 1940 election, he devised ‘‘Black Cabinet’’ pressured President Frank- Mellon, a visiting professor at Colum- a strategy that defused anger among blacks bia Teacher’s College and New York lin D. Roosevelt to strike down racial bar- about Stephen T. Early, President Roo- University’s School of Education, and riers in government employment, housing sevelt’s press secretary. Arriving at Pennsyl- the president of Baruch College in and education. It was a long way to come for vania Station in New York, Early lost his the Dunbar High School graduate who ran temper when a line of police officers blocked Manhattan. When I became director of into racial discrimination in the 1920s when the Joint Center for Urban Studies at his way. Early knocked one of the officers, he tried to join a union fresh out of high who happened to be black, to the ground. As MIT and Harvard, he generously agreed school. Embittered by that experience, Bob word of the incident spread, a White House to be a member of the Board of Direc- Weaver went on to Harvard (in the footsteps adviser put through a telephone call to Dr. tors. of his grandfather, the first African Amer- Weaver in Washington. Dr. Weaver had earned his under- ican Harvard graduate in dentistry) to earn The aide, worried that the incident would graduate, master’s, and doctoral de- his bachelor’s, master’s and doctorate in eco- cost Roosevelt the black vote, told Dr. Wea- grees in economics from Harvard; he nomics. At another time in America, his univer to find the other black advisers and prepare a speech that would appeal to blacks for wrote four books on urban affairs; and versity degrees might have led to another career path. For Bob Weaver in 1932, however, the President to deliver the following week. he was one of the original directors of those credentials—and his earlier job as a Dr. Weaver said he doubted that he could the Municipal Assistance Corporation, college professor—made him an ‘‘associate find anyone in the middle of the night, even which designed the plan to rescue New advisor on Negro affairs’’ in the U.S. Depart- though most of the others in the ‘‘Black Cab- York City during its tumultuous finan- ment of the Interior. inet’’ had been playing poker in his base- cial crisis in the 1970s. ment when the phone rang. ‘‘And anyway,’’ Subsequent work as an educator, econo- he said, ‘‘I don’t think a mere speech will do Last July, America—and Washington mist and national housing expert—and be- it. What we need right now is something so in particular (for he was a native Wash- hind-the-scenes recruitment of scores of Af- dramatic that it will make the Negro voters ingtonian)—lost one of its innovators, rican Americans for public service—led to forget all about Steve Early and the Negro one of its creators, one of its true lead- his appointment as New York State rent ad- cop too.’’ ers. For Dr. Robert Weaver led not only ministrator, making him the first African Within 48 hours, Benjamin O. Davis Sr. was with his words but with his deeds. I was American with state cabinet rank. President the first black general in the Army; William privileged to know him as a friend. He John F. Kennedy appointed him to the high- H. Hastie was the first black civilian aide to est federal post ever occupied by an African the Secretary of War, and Campbell C. John- will be missed but properly memorial- American—the Housing and Home Finance son was the first high-ranking black aide to ized, I think, if we can pass this legisla- Agency. Despite the president’s support, the head of the Selective Service. tion. however, the HHFA never made it to Cabinet Robert Clifton Weaver was born on Dec. 29, Mr. President, I ask unanimous con- status, because Dr. Weaver was its adminis- 1907, in Washington. His father was a postal sent that my bill, and a July 21, 1997 trator and southern legislators rebelled at worker and his mother—who he said influ- editorial in the Washington Post, and a the thought of a black secretary. Years later enced his intellectual development—was the daughter of the first black person to grad- July 19, 1997 obituary from the New President Lyndon Johnson pushed through the Department of Housing and Urban Devel- uate from Harvard with a degree in den- York Times be printed in the RECORD. opment and named Robert Weaver to the tistry. When Dr. Weaver joined the Kennedy There being no objection, the mate- presidential Cabinet. Administration, whose Harvard connections rial was ordered to be printed in the extended to the occupant of the Oval Office, For the nation, and Robert Weaver, the ap- RECORD, as follows: he held more Harvard degrees—three, includ- pointment was another important first. For ing a doctorate in economics—than anyone S. 1700 many other African Americans who found else in the administration’s upper ranks. Be it enacted by the Senate and House of Rep- lower barriers and increased opportunity in In 1960, after serving as the New York resentatives of the United States of America in the last third of the 20th century, Robert State Rent Commissioner, Dr. Weaver be- Congress assembled, Weaver’s legacy is lasting. came the national chairman of the National

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1257 Association for the Advancement of Colored Deputy Commissioner of Housing for We’re faced with an ironic situation People, and President Kennedy sought Dr. the State of New York. Later that where a single American supplier is the Weaver’s advice on civil rights. The fol- year, he became the state rent admin- source of substantial harm to the lowing year, the President appointed him administrator of the Housing and Home Fi- istrator. In 1960, Dr. Weaver was se- American polyester production indus- nance Agency, a loose combination of agen- lected to be the vice-chairman of the try and American workers. This is a cies that included the bureaucratic compo- New York City Housing Redevelopment highly unusual situation in which the nents of what would eventually become Board, a three-member body respon- American supplier has been able to re- H.U.D., including the Federal Housing Ad- sible for administering the city’s urban main a monopolistic producer of PTA, ministration to spur construction, the Urban renewal and moderate-income housing thus controlling the supply of the prod- Renewal Administration to oversee slum programs. uct and the price U.S. consumers must clearance and the Federal National Mort- Dr. Weaver’s reputation as a skilled pay. By eliminating the tariff on PTA gage Association to line up money for new housing. housing policy and program practi- from Mexico, this legislation will place President Kennedy tried to have the agen- tioner soon extended well beyond New the U.S. PTA market on a level playing cy raised to Cabinet rank, but Congress York. President John K. Kennedy field with adequate supply and market balked. Southerners led an attack against named Dr. Weaver as Administrator of dictated prices. the appointment of a black to the Cabinet, the Federal Housing and Home Finance PTA is the principal feedstock in pro- and there were charges that Dr. Weaver was Agency, and President Lyndon Johnson ducing polyethylene terephthalate an extremist. Kennedy abandoned the idea of (PET), a polyester resin produced in creating an urban affairs department. nominated him to be the first Sec- Five years later, when President Johnson retary of Housing and Urban Develop- West Virginia by Shell Chemical. This revived the idea and pushed it through Con- ment when the Department of Housing feedstock, PTA, comprises nearly two gress, Senators who had voted against Dr. and Urban Development was formed in thirds the cost of polyester production. Weaver the first time around voted for him. 1966. PTA is produced for the U.S. merchant Past Federal housing programs had largely Dr. Weaver’s leadership and vision market by one sole supplier, who can dealt with bricks-and-mortar policies. Dr. set the course for the future of the control both the price and supply of Weaver said Washington needed to take a more philosophical approach. ‘‘Creative fed- housing and urban redevelopment in- PTA in the U.S. market. Because the eralism stresses local initiative, local solu- dustries. Past Federal housing pro- NAFTA tariff makes PTA imports tions to local problems,’’ he said. grams had focused largely on ‘‘bricks- unaffordable, U.S. PET producers, like But, he added, ‘‘where the obvious needs and-mortar’’ policies, but Dr. Weaver Shell, are limited domestically to only for action to meet an urban problem are not believed that ‘‘you cannot have phys- one source to meet their PTA needs. being fulfilled, the Federal Government has ical renewal without human renewal.’’ This domestic source is not providing a responsibility at least to generate a thor- His principal concern was to raise the PET buyers with sufficient quantities ough awareness of the problem.’’ Dr. Weaver, who said that ‘‘you cannot standard of urban housing and to move of PTA, nor at a competitive price. have physical renewal without human re- away from the bleak high rise projects Subsequently, the combination of the newal,’’ pushed for better-looking public that scarred the urban landscape and NAFTA tariff on PTA and a single do- housing by offering awards for design. He were the origins of many inner city so- mestic merchant producer of PTA, the also increased the amount of money for cial problems that were just beginning U.S. price for PTA is kept the highest small businesses displaced by urban renewal to be recognized. He used all of his var- in the world. As a result, U.S. polyester and revived the long-dormant idea of Federal ious positions and considerable experi- producers, like the one in West Vir- rent subsidies for the elderly. Later in his life, he was a professor of ence to advocate effective public pro- ginia, operate in a closed, non-competi- urban affairs at Hunter College, was a mem- grams to house all Americans and to tive environment. ber of the Visiting Committee at the School revitalize communities. Consequently, a tariff inversion is of Urban and Public Affairs at Carnegie-Mel- He was a true visionary who fought created which significantly harms U.S. lon University and held visiting professor- to expand the possibilities of all Amer- PET production because PET imports ships at Columbia Teachers’ College and the icans. I can think of no better person made with cheaper, foreign PTA are New York University School of Education. to name the first building to house the subject to relatively low tariffs or none He also served as a consultant to the Ford at all in the case of GSP countries. Foundation and was the president of Baruch Department of Housing and Urban De- College in Manhattan in 1969. velopment than Dr. Robert Clifton This tariff inversion exposes West Vir- His wife, Ella, died in 1991. Their son, Rob- Weaver, the first African-American ginia’s PET production and all U.S. ert Jr., died in 1962. Cabinet member in New York State, polyester production to unfair com- Mr. KERRY. Mr. President, I join the first African-American member of petition from foreign competitors. Fur- Senator MOYNIHAN in supporting his a President’s cabinet, and the federal ther, it prohibits any possibility for ex- legislation to designate the head- government’s first Secretary of Hous- pansion and new job creation. quarters building of the Department of ing and Urban Development. This trib- I understand that the Office of the Housing and Urban Development in ute is even more fitting because Robert United States Trade Representative is Washington, D.C. as the ‘‘Robert C. Weaver, along with then Vice-Presi- currently negotiating with their Mexi- Weaver Federal Building.’’ dent Hubert H. Humphrey and others, can counterparts various tariff elimi- Robert Weaver was a stalwart leader laid the cornerstone of this building nations under the Second Round of Ac- in the fight to build a society free from during his tenure as Secretary. celerated Tariff Elimination under the racial prejudice and discrimination. He North American Free Trade Agree- spent his life in a pursuit of equality By Mr. ROCKEFELLER: ment. The PTA tariff is under consider- and a campaign to end all forms of dis- ation. The elimination of the duty for crimination based on race. S. 1702. A bill to amend the Har- PTA is supported by the majority of Dr. Weaver was a member of ‘‘the monized Tariff Schedule for the United the U.S. PTA industry and Mexico. black cabinet’’ which sought to ensure States to change the special rate of Shell’s future economic viability in that the new government projects of duty on purified terephtalic acid im- West Virginia is linked to the elimi- the New Deal applied to and benefitted ported from Mexico; to the Committee nation of this tariff. If the tariff is not minority groups during the Roosevelt on Finance. eliminated, the cutback in Shell poly- Administration. His personal crusade HARMONIZED TARIFF SCHEDULE LEGISLATION ester production could cost as many as led for civil rights led to the selection Mr. ROCKEFELLER. Mr. President, I 250 full-time jobs that pay on average, of the first African-American to be a rise today to introduce this bill to $70,000 a year, including direct wages, general in the Army, the naming of the amend Chapter 29 of the Harmonized benefits and retirement. Already 160 first African-American to be a civilian Tariff Schedule of the United States to jobs have been lost since 1995 as a di- aide to the Secretary of War, and the effect the immediate elimination of the rect result of the economic disadvan- appointment of the first African-Amer- special duty rate on Purified Tereph- tage caused by this inequity. I would ican to be a high-ranking aide to the thalic Acid (PTA) imports from Mexico add that these jobs provide some of the head of the Selective Service. in order that the United States poly- highest paying salaries in my State. In 1955, Dr. Weaver began a long ca- ester industry can remain competitive This lack of competitive domestic reer in housing when he was appointed in the U.S. domestic market. PTA pricing does not just cause harm

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1258 CONGRESSIONAL RECORD — SENATE March 3, 1998 to my State of West Virginia—also at There being no objection, the bill was dent under section 490(b) of the Foreign risk are nearly 3,500 workers employed ordered to be printed in the RECORD, as Assistance Act of 1961 regarding for- by several U.S. polyester producers follows: eign assistance for Mexico during fiscal buying PTA across the country. S. 1703 year 1998; to the Committee on Foreign I urge the Senate to act on this PTA Be it enacted by the Senate and House of Rep- Relations. tariff elimination bill so that West Vir- resentatives of the United States of America in S.J. Res. 43. A joint resolution to dis- ginians and other domestic workers Congress assembled, approve the certification of the Presi- and producers can fairly compete in SECTION 1. DEFINITIONS. dent under section 490(b) of the Foreign this highly competitive global market- In this Act: Assistance Act of 1961 regarding assist- (1) ADMINISTRATOR.—The term ‘‘Adminis- place and to have the opportunity to trator’’ means the Administrator of the Na- ance for Mexico during fiscal year 1997, expand U.S. operations when market tional Aeronautics and Space Administra- and to provide for the termination of conditions permit. tion. the withholding of and opposition to Mr. President, I ask unanimous con- (2) FEDERAL AGENCY.—The term ‘‘Federal assistance that results from the dis- sent that the full text of the bill be agency’’ has the meaning given the term approval; to the Committee on Foreign printed in the RECORD. ‘‘agency’’ in section 555(1) of title 5, United Relations. States Code. There being no objection, the bill was MEXICO CERTIFICATION DISAPPROVAL (3) NASA.—The term ‘‘NASA’’ means the ordered to be printed in the RECORD, as LEGISLATION follows: National Aeronautics and Space Administra- tion. Mr. COVERDELL. Mr. President, for S. 1702 SEC. 2. CONVEYANCE OF PROPERTY. the next few minutes I will make lim- Be it enacted by the Senate and House of Rep- As soon as practicable after the date of en- ited remarks prior to the introduction resentatives of the United States of America in actment of this Act, the Administrator shall of two separate joint resolutions that Congress assembled, convey to Stanislaus County, California, all deal with the administration’s recent SECTION 1. TEREPHTHALIC ACID. right, title, and interest of the United States certification of Mexico dealing with (a) IN GENERAL.—Subheading 2917.36.00 of in and to the property described in section 3. the harmonized Tariff Schedule of the United the losing drug war, and that deal, in SEC. 3. PROPERTY DESCRIBED. my judgment, was a more appropriate States in amended by striking ‘‘1.8¢/kg + The property to be conveyed pursuant to 8.9% (MX)’’ in the special rates of duty subsection 2 is— approach to this situation. column and inserting ‘‘, MX’’ in the par- (1) the approximately 1,528 acres of land in Mr. President, I consider myself as a enthetical after ‘‘J’’. Stanislaus County, California, known as the person somewhat surprised by the New (b) EFFECTIVE DATE.—The amendment ‘‘NASA Ames Research Center, Crows Land- York Times editorial of Saturday, Feb- made by this section applies to goods entered ing Facility (formerly known as the Naval ruary 28, 1998; the headline of the edi- on or after the date that is 15 days after the Auxiliary Landing Field, Crows Landing)’’; torial, ‘‘Certifiably Wrong On Mexico.’’ date of enactment of this Act. (2) all improvements on the land described The Clinton administration does no in paragraph (1); and favor to Mexico or its own credibility By Mrs. BOXER (for herself and (3) any other Federal property that is— Mrs. FEINSTEIN): (A) under the jurisdiction of NASA; by certifying that Mexico is ‘‘fully co- S. 1703. A bill to provide for the con- (B) located on the land described in para- operating’’ in the fight against drug veyance of certain property from the graph (1); and trafficking. Compounding the damage, United States to Stanislaus County, (C) designated by NASA to be transferred the White House Drug Policy Director, California; to the Committee on Com- to Stanislaus County, California. Barry McCaffrey, fatuously claims that merce, Science, and Transportation. SEC. 4. TERMS. Mexican cooperation is ‘‘absolutely su- (a) CONSIDERATION.—The conveyance re- THE STANISLAUS COUNTY FEDERAL LAND perlative.’’ quired by section 2 shall be without consider- According to this editorial, CONVEYANCE ACT OF 1998 ation other than that required by this sec- Mrs. BOXER. Mr. President, I rise tion. A more truthful assessment can be found today to introduce legislation pro- (b) ENVIRONMENTAL REMEDIATION.— in the Drug Enforcement Administration’s viding for the conveyance of federal (1) IN GENERAL.—Notwithstanding any confidential evaluation, described by Tim land to Stanislaus County, California. other provision of law, the conveyance re- Golden in yesterday’s Times. The DEA concludes that ‘‘the Government of Mexico has This bill is nearly identical to legisla- quired by section 2 shall not relieve any Fed- eral agency of any responsibility under ap- not accomplished its counter-narcotic goals tion passed by the House of Represent- plicable law for any environmental remedi- or succeeded in cooperation with the U.S. atives last November. ation of soil, groundwater, or surface water. Government.’’ Mexican trafficking has in- The land in question is known as the (2) OTHER REMEDIATION.—Any remediation creased, the DEA notes, and the corruption NASA Ames Research Center, Crows of contamination, other than that described of its enforcement agencies ‘‘continues Landing Naval Air Facility. During in paragraph (1), within or related to struc- unabated.’’ World War II, Crows Landing was a tures or fixtures on the property described in Though Washington finds it diplomatically flight training center encompassing section 3 shall be subject to negotiation to inconvenient to acknowledge, Mexico has a chronic problem with drug traffickers who 1,500 acres and containing two air- the extent permitted by law. (c) RETAINED RIGHT OF USE; TERMS AND always seem to be able to secure the polit- strips. Following the war, jurisdiction CONDITIONS OF TRANSFER.— ical influence they need to avoid arrest and was transferred to NASA, which now (1) IN GENERAL.—Subject to paragraph (2), prosecution. This drug corruption greases no longer has any use for this facility. the National Aeronautics and Space Admin- the flow of narcotics into the United States. Right now, these airstrips are going to istration shall retain the right to use for Mexico’s drug networks span the border, sup- waste. aviation activities, without consideration plying cocaine, heroin, and marijuana to Giving this land back to the county and on other terms and conditions mutually American users. will promote economic growth and be acceptable to NASA and Stanislaus County, Mr. President, in a hearing last week, California, the property described in section an important asset to local develop- I indicated, along with Senator FEIN- 3. STEIN of California, that we would be ment. While passage of this bill would (2) LEGISLATIVE JURISDICTION.—The terms greatly serve Stanislaus County, it and conditions referred to in paragraphs (1) introducing resolutions, the purpose of would also permit NASA to retain the and (3) may not include any provision re- which would be to change this course right to use the facility for aviation stricting the legislative jurisdiction of the between the United States and Mexico purposes. It creates a win-win situation State of California over the property con- on this matter. It would be our goal for all involved. veyed pursuant to section 2. that the process would decertify Mex- Crows Landing has greatly served (3) ADDITIONAL TERMS.—Subject to para- ico on this matter with a Presidential this nation—first in the interest of na- graph (2), the Administrator may negotiate waiver in the national interest in tional defense and then to the benefit additional terms of the conveyance required which I believe we both concur. This by section 2 to protect the interests of the of the space program. But now, it lies United States. would be an honest appraisal of our cir- abandoned. We should follow the House cumstances. and give this land back to the people of By Mr. COVERDELL (for himself, The problem with certifying is that Stanislaus County. Mrs. FEINSTEIN, Mr. HELMS, and it sends a message to the vast popu- Mr. President, I ask unanimous con- Mr. HUTCHINSON): lations of the United States and of sent that the text of the bill be printed S.J. Res. 42. A joint resolution to dis- Mexico that this war is being won, that in the RECORD. approve the certification of the Presi- we have turned a corner, that things

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1259 are working out. That simply is not The PRESIDING OFFICER. The joint torture-murder of the entire surgical the case. I think it does a disservice to resolution will be received and appro- team. His organization, however, con- the entire population of both countries priately referred. tinues to operate, and a reign of vio- for us to send a message of victory Mr. COVERDELL. Mr. President, in lence has been unleashed as his would- when, indeed, the message is one of concluding and yielding to the Senator be successors battle for control of his gravity and loss. from California, I just want to make it organization. This situation has grave con- clear that the purpose of these two But last year, Senator COVERDELL sequences for the people of the United joint resolutions is to alter the course and I laid out a number of key areas States. I have to say that the United of our engagement in the drug war, that we would use to judge whether or States shares enormous responsibility principally as it relates to Mexico. In- not Mexico has reached the standard of in this struggle. My remarks are not stead of certifying and saying, ‘‘Here is full cooperation. Sadly, our top law en- intended to castigate or single out a message of victory to the two peoples forcement agencies indicate that none Mexico; quite to the contrary; I view of the two Nations,’’ it decertifies with of these changes has produced signifi- them as a great ally. They are a great a national security waiver and calls it cant results. There has been no demon- trading partner. We share this hemi- like it is and refocuses our Govern- strable action on any—and I repeat sphere. We have mutual goals—demo- ments and our people in a combined ef- ‘‘any’’—of the benchmarks outlined by cratic goals. But neither country seems fort to win this battle and not lose it— Congress last year as key measure- to want to face the fact that it is los- to win it for the millions of children ments of cooperation by Mexico: dis- ing a precious struggle. that are suffering, because we are los- mantlement of drug cartels, the arrest In 1991, the drug interdiction budget ing it. and prosecution of cartel leaders, the for the United States was $2.03 billion; Mrs. FEINSTEIN. Mr. President, I extradition of Mexican nationals on today it is $1.44 billion. That is a dra- thank the distinguished Senator from drug charges to the United States for matic reduction in our commitment. In Georgia, and I rise to join him in sub- prosecution, effective prosecution of 1992, the United States stopped, seized mitting these resolutions for dis- corrupt officials, law enforcement co- 440 kilograms of cocaine and marijuana approval of the President’s decision to operation, effective money laundering a day; in 1995, it had been cut in half; certify Mexico as fully cooperating laws implemented, security of U.S. we only stopped 205 kilograms of co- with the United States in the fight drug agents working in bilateral efforts caine and marijuana per day. against drug trafficking. in Mexico. What does this all mean? In short- Mr. President, as we all know, when Let me touch on each of these. The hand, it means that about 3 million the President made the same decision cartels in Mexico today are either as teenagers aged 12–16 are using drugs last year, it sparked an intense debate strong or stronger than they were a today that weren’t in 1991. To give an between the administration and what year ago. And despite much talk of co- example, in 1991, 400,000 eighth-graders was in all probability a majority of operation, there has been no substan- had used an illicit drug in the last Congress who did not believe that Mex- tial progress by the Government of year. In 1996 and 1997, that number rose ico had earned certification. I have Mexico in developing prosecutable to 920,000. In 10th grade, 600,000 had looked long and hard at the evidence cases against the leaders of the major used a drug in 1991; in 1996 and 1997, it that is available. I have received exten- drug trafficking groups, even when had doubled to 1.2 million children. In sive briefings from law enforcement these individuals have been identified 12th grade, 600,000 in 1991; 1.1 million, and intelligence officials. Anyone, I be- by U.S. investigations and are made almost doubled again, in 1996 and 1997. lieve, who has received these same So by not confronting this directly the subject of U.S. indictments. briefings would come to the conclusion The scope of Mexican drug traf- and honesty, we are all contributing to I have reached, that once again the de- ficking has increased significantly, the accelerated rate of children using drugs and we are going to pay a price cision to certify Mexico is incorrect along with the attendant violence, for this the likes of which we have and not grounded in the facts. even against United States and Mexi- While Mexico has made some limited never seen. can law enforcement officials and in- I will yield to the Senator from Cali- progress, there remain gaping holes in formants. During 1997, DEA recorded in fornia in just a moment, but first I its counternarcotics effort. Whether excess of 50 incidents of threats along quote a story of a top administrative due to inability or lack of political the Southwest border. According to the official on this. It ran in the Phoenix will, these failures badly undermine information I have received, the Mexi- papers. the urgent effort to keep the scourge of can Government has arrested and pros- ‘‘Our current interdiction efforts almost drugs off our streets. Regardless of ecuted few individuals in connection completely fail to achieve our purpose of re- America’s demand problem, when the with these acts. None of the major car- ducing the flow of cocaine, heroin, and supply of drugs reaches the point where tels has been dismantled nor have their methamphetamines across the (Southwest) it comes in at literally tons each day, leaders been arrested. [the Mexican] border,’’ said Francis X. any demand program is extraordinarily Take the Amado Carrillo-Fuentes or- Kinney, director of strategic planning for the difficult to sustain. ganization. After the death of Amado Office of National Drug Control Policy.... Has Mexico cooperated in some Carrillo-Fuentes, there were numerous Kinney said the United States will con- areas? Of course. There are one or two tinue to be overrun by drug traffic at the enforcement actions taken against his U.S.-Mexican border unless it emphasizes new police units which seem to have organization, but the intelligence was improved intelligence and high-tech screen- trusting relationships with the DEA. unproductive, leading to insignificant ing equipment. . . New vetting procedures are beginning asset seizures and new arrests. The last thing he said addresses the to be implemented in the hiring of new On July 30, 1997, Mexican authorities Senator from California: police officers. Mexico and the United detained a close associate of Carrillo- ‘‘They [the Congress] want us to call it States have agreed on a bilateral drug Fuentes, Manuel Bitar-Tafich, leading like it is, not to be an apologist,’’ alluding to strategy, although it is a vaguely to seizure of $50 million in the United the U.S. Congress. worded document that will take years States. However, because the Mexicans I think this gentleman is absolutely to evaluate whether it has been suc- have not provided the needed docu- correct. cessful and whether actions on the ments to support the seizure in the Mr. President, I send a joint resolu- streets will follow this roundtable doc- United States, much of the money had tion to the desk and ask for its appro- ument. to be returned. Bitar himself remains priate referral. It can also be argued that pressure in custody, but there has been no The PRESIDING OFFICER. The joint brought to bear on drug lord Amado movement on his case. While the Mexi- resolution will be received and appro- Carrillo-Fuentes was responsible for cans have reported seizing $52 million priately referred. driving him to seek refuge in another in Mexico, no documentation sup- Mr. COVERDELL. Mr. President, I country—Chile—and very likely for his porting this seizure has been provided send another joint resolution to the attempt to conceal his identity to the U.S. Government. desk and ask for its appropriate refer- through plastic surgery. The surgery, The Mexican Government arrested ral. of course, resulted in his death and the Noe Brito, a member of Carrillo-

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1260 CONGRESSIONAL RECORD — SENATE March 3, 1998 Fuentes’ security apparatus. He was re- tigations of the Amezcuas, with little protocol to the United States-Mexican leased, however, before the DEA was or no results. None of the investiga- Extradition Treaty that authorized even allowed to interview him. tions resulted in arrests or produced temporary surrender of a convicted The Arellano-Felix operation—the information that could be used in U.S. party to the other country to face drug notorious cartel located just south of courts. charges. This is certainly a positive California in the Tijuana area—con- Though Jesus and Luis Amezcua are signal, but it has yet to be tested in tinues to operate with impunity. There currently under Federal indictment in practice. have been several enforcement actions the United States on a variety of The bottom line is that, to date, in 1997, but few resulted in significant charges, there are no provisional arrest there has not been a single extradition results against the cartel’s trafficking warrants for them and they remain at of a Mexican national to the United operations. large in Mexico. States on drug charges—not one. On November 8, 1997, the Mexican At- Extradition was a key benchmark Corruption. Drug-related corruption torney General’s Office arrested Arturo and a test of cooperation. There have is probably the single greatest obstacle Everardo Paez-Martinez, a known car- been no extraditions from Mexico to that the United States faces in its tel assassin. Paez is incarcerated in the United States of any Mexican na- global battle against international Mexico on the basis of a provisional tionals on drug charges—none. drug trafficking. Unfortunately, drug U.S. arrest warrant but has not been The identities of the leaders of the corruption in Mexico is so deeply root- extradited. major criminal groups based in Mexico ed that it persists despite attempts to On September 20, Mexico’s counter- who control the flow of heroin, cocaine, eradicate it. narcotics unit reporting to the Attor- and methamphetamine to the United The level of drug corruption in Mex- ney General arrested two men on weap- States have been known for several ico continues unabated. According to ons charges, who are known members years. In fact, U.S. law enforcement the briefings I have received, virtually of the ‘‘Juniors,’’ a group of young as- agencies have built cases on and in- every investigation our law enforce- sassins recruited by the Arellano-Felix dicted in the United States virtually ment agencies conduct against major cartel. The Government of Mexico of- all of these cartel leaders. The Depart- traffickers in Mexico uncovers signifi- fered to extradite one of the men, but ment of Justice has filed provisional cant corruption of law enforcement of- the United States had to turn down the arrest warrants for the most signifi- ficials. offer due to lack of outstanding cant drug traffickers in Mexico. While Our own law enforcement agencies charges and evidence against him. This several have been arrested, many oth- indicate that endemic corruption is an example of what results from a ers remain at large and none has been among Mexican law enforcement offi- lack of cooperative law enforcement ef- extradited to the United States. cials continually frustrates our effort forts. In the war against drugs, extradition to build cases against and to apprehend The Sonora Cartel. Miguel Angel of cartel leaders for trial and imprison- the most significant drug traffickers in Caro-Quintero heads his family’s orga- ment in the United States is a key and Mexico, and it is the primary reason nization operating out of Sonora, Mex- indisputable beachhead in the war there has been no meaningful progress ico. There are four outstanding war- against drug trafficking. It is also a in drug law enforcement in Mexico. rants for him on smuggling, RICO stat- major benchmark of cooperation. In the wake of the devastating disclo- ute, and conspiracy charges. He has In my view—and I know the view sure that Mexico’s own ‘‘drug czar’’ been operating freely in Mexico since held by law enforcement in the United was on the payroll of Amado Carrillo- 1992. There are also provisional arrest States—the drug lords operating in Fuentes, the Mexican Government dis- warrants issued for both Miguel and Mexico only fear extradition to the mantled the INCD, the Mexican coun- Rafael Caro-Quintero. United States, where they know they terpart to the DEA, and fired the ma- The Amezcua-Contreras brothers. will stand trial and face punishment jority of its employees. The Amezcua-Contreras brothers’ orga- commensurate with their crimes. The Unfortunately, many of those fired nization is believed to be the world’s Mexican law enforcement institutions were ordered reinstated by Mexican largest clandestine producer of meth- and legal system present no deterrent courts. amphetamine. The organization pro- to their operations. Additionally, of the 40 military offi- cures huge quantities of the ephedrine That is why this Senate, many of my cers arrested as part of the Gutierrez- in Thailand and India, which is sup- colleagues, and law enforcement offi- Rebollo investigation, none has been plied to laboratories in Mexico and cials have repeatedly said that the brought to trial or convicted to date. California. The Amezcuas’ meth- most meaningful measurement of real The following cases indicate how amphetamine is distributed in large progress in drug cooperation with Mex- deeply drug corruption has penetrated cities across the United States. A U.S. ico is if the major traffickers are ap- into Mexican institutions: law enforcement investigation, Oper- prehended and extradited to the United Colonel Jose Luis Rubalcava, who ation META, concluded in December of States. had been Director of the Federal Judi- 1997 with the arrest of 101 defendants, Provisional arrest warrants have cial Anti-Drug Police under the INCD, seizure of 133 pounds of methamphet- been filed by the Department of Justice was arrested on or about April 14, 1997 amine, and the precursors to manufac- for the following major traffickers: on charges in connection with 2.5 tons ture up to 540 pounds more, along with Agustin Vasquez-Mendoza, Ramon of cocaine seized in Sombrete, Mexico 1,100 kilos of cocaine and over $2.25 mil- Arellano-Felix, Rafael Caro-Quintero, in 1995. This is the director for the Ju- lion in assets. Miguel Caro-Quintero, Vicente dicial Anti-Drug Police—21⁄2 tons of co- Mexican efforts against this organi- Carrillo-Fuentes, Eduardo Gonzalez- caine. zation have not met with great success: Quirarte, Oscar Malherbe, Arturo Paez- U.S. law enforcement officials specu- On November 10, 1997, the Mexican Martinez, Jaime Ladino-Avila, Jose late that bribery and corruption may military’s special vetted unit arrested Gerardo-Castro/Gonzalez-Gutierez, Wil- have been behind the withdrawal of Adan Amezcua at his ranch in Colima liam Brian Martin, Miguel Angel Mar- Baja state police protection from a Ti- on gun charges, not on drug charges. tinez-Martinez, Antonio Hernandez- juana news editor prior to his Novem- He is the only Amezcua not under in- Acosta, and Miguel Felix Gallardo. ber 27, 1997 attempted assassination. dictment in either the United States or These are all key lieutenants in ei- The editor had been putting public Mexico. He remains in custody pending ther the Amezcua, Carrillo-Fuentes, pressure on the issue of drug corrup- further investigations. The Govern- Caro-Quintero, or Arellano-Felix orga- tion. ment of Mexico has failed to indict or nizations. The Justice Department re- According to a December 1997 state- arrest any of the principal members of quested extradition of four of the above ment by Mexican Attorney General the Amezcua organization in Mexico. within the past year. The first two re- Madrazo, out of some 870 Federal The DEA International Chemical quests have been stalled or completely agents dismissed on corruption charges Control Unit has supported elements of thwarted by Mexican courts. in 1996, 700 have been rehired in either the Government of Mexico financially Last November, the United States the PGR—the Mexican Attorney Gen- and logistically for numerous inves- and Mexico Attorneys General signed a eral’s office—or at the state and local

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1261 level. The rehiring was done at the di- The bottom line is that the task Government of Mexico has advised that rection of the courts. forces cannot function properly with- the lack of judicial support and known If you cannot fire corrupt law en- out DEA and other federal law enforce- judicial corruption have frustrated im- forcement officials, how can you fight ment agents working side by side with plementation of the wire intercept as- drugs? their Mexican counterparts, as is the pects of the law. The issue of prosecuting corrupt offi- case with similar units in Colombia But let us be honest with ourselves. cials is important, because without and Peru. This critical joint working The statute asks the President to cer- fear of prosecution, there is little de- relationship is made impossible by tify that a country has ‘‘cooperated terrence. Too often in Mexico, officials Mexican policies that do not allow for fully’’ with the United States. If Mex- are fired, but never prosecuted. adequate immunities or physical secu- ico has cooperated in three or four In 1997, there were only 3 corruption rity for U.S. Special Agents while areas, and not cooperated in ten or cases being prosecuted, including Gen- working in Mexico. twelve others, can we really call that eral Gutierrez. Another case involves A related problem for the Task full cooperation. Of course not. At best, the theft of 476 kilograms of cocaine by Forces is the low quality of intel- we should say that Mexico has cooper- 17 PGR officials, including an Army ligence provided by Mexico. To my ated partially with the United States General in Sonora. The third involved knowledge there have been no mean- in counternarcotics efforts. But full co- a Judicial Police Comandante. The ingful intelligence leads from Mexican operation? It’s not even close. Mexican government has reportedly agents to their American counterparts We must make an honest assessment. begun additional prosecutions, but leading to a single significant seizure To those who dislike the certification many more cases need to be brought to of drugs coming into this country. statute, I quote again from the New trial in order to have any deterrent ef- Intelligence sharing simply does not York Times editorial ‘‘* * * as long as fect. flow north. certification remains on the books, the U.S. law enforcement officials indi- LAW ENFORCEMENT COOPERATION Administration has a duty to report This is where the rubber hits the road cate that Mexico’s drug intelligence fa- truthfully to Congress and the Amer- in counternarcotics cooperation, not in cilities located near the Task Forces ican people. It has failed to do so in the agreements reached at the political are manned by non-vetted, non-law en- case of Mexico.’’ level. Unfortunately, law enforcement forcement civilians and military staff So in the wake of the President’s de- and have only produced leads from cooperation from Mexico has been se- cision to certify Mexico, I believe we in telephone intercepts on low-level traf- verely lacking. Congress have no choice but to try to It is encouraging to hear from DEA fickers. To date, none of the electronic pass a resolution of disapproval. If pos- that there are now some Mexican offi- intercepts conducted by the Task sible, we will pass one with a waiver of cials with whom they believe they can Forces have produced a prosecutable sanctions. But if not, we will have to drug case in Mexican courts against build a trusting relationship. vote on the straight resolution of dis- A key aspect of this institution- any major Mexican criminal organiza- approval. We have until March 28 to de- building process is vetting, leading to tion. cide. To its credit, the Organized Crime the development and professionali- Mr. President, we must make an hon- Unit does have several major on-going zation of the new drug enforcement est assessment of full cooperation, and investigations underway. But only 140 unit, the Special Prosecutor’s Office there is only one way to assess full co- of the planned 280 prosecutors, inves- for Crimes Against Health. operation, and it is on the streets. It is tigators and support personnel have This vetting process could go a long with extradition. It is with arrest of been hired, and only 25 have been way toward providing U.S. law enforce- cartel leaders. It is with letting our ‘‘super-vented.’’ Again, this unit is ment officials with the level of trust in DEA agents who work the Mexican side promising, but it is still too early to their counterparts necessary for an ef- of the border have their security— tell whether it will maintain the integ- fective bi-lateral effort, but it is still meaning beyond. You cannot send rity, or have the staffing, training and them across the border without a in its infancy, and even some officials resources to be effective partners in mechanism to protect them. None of who have been ‘‘vetted’’ have subse- the war against drugs. quently been arrested in connection this is happening today. ENFORCEMENT with traffickers. So while this effort is The big, highly touted drug agree- Mexico’s seizures of cocaine have in- critically important, it is not evidence ment, which I read, talks about the creased from 23.6 metric tons in 1996 to of full cooperation by a long shot. size and shape of the table. There are 34.9 metric tons in 1997—although that More telling however, is the state of no specifics. is still far below the average of 45 met- affairs with the much-vaunted Bilat- In view of this, I urge decertification ric tons in 1991–1993. Marijuana seizures eral Border Task Forces located in Ti- with a waiver. did reach an all-time high. juana, Ciudad Juarez and Matamoros. Unfortunately, seizures of heroin, f Each Task Forces was supposed to in- methamphetamine, and ephedrine are ADDITIONAL COSPONSORS clude Mexican agents, and two agents all down sharply. Heroin seizures fell S. 61 each from DEA, FBI, and the U.S. Cus- from 363 kilograms to 115 kilograms. toms Service. But, regretfully, the At the request of Mr. LOTT, the name Methamphetamine seizures fell from of the Senator from South Dakota (Mr. Task Forces are not operational be- 172 kilograms to only 39 kilograms. cause some Mexican agents, and even DASCHLE) was added as a cosponsor of Ephedrine seizures fell dramatically S. 61, a bill to amend title 46, United comandantes, have been under sus- from 6,697 kilograms to only 608 kilo- picion of, or arrested for, ties to crimi- States Code, to extend eligibility for grams. veterans’ burial benefits, funeral bene- nal organizations. Drug related arrests declined from an fits, and related benefits for veterans of The old Task Forces were dismantled already low 11,283 to 10,622, barely a certain service in the United States after the arrest of General Gutierrez- third of the number arrested in 1992. merchant marine during World War II. Rebollo and have been rebuilt since Less than half as many weapons were then. But the Mexican government for seized in 1997 (1,892) as in 1996 (4,335). S. 89 a long time did not provide the prom- In another crucial enforcement area, At the request of Ms. SNOWE, the ised funding, leaving DEA to carry the Mexico’s new money-laundering stat- name of the Senator from Nevada (Mr. full cost, which they did until Sep- utes have yet to be fully enforced, and REID) was added as a cosponsor of S. 89, tember of last year. have not resulted in any successful a bill to prohibit discrimination Additionally, the issue of personal se- prosecutions yet. Mexico has decided to against individuals and their family curity for U.S. agents working with the make violations of new banking regu- members on the basis of genetic infor- Bilateral Task Forces in Mexico has lations non-criminal violations, which mation, or a request for genetic serv- not been resolved and, as a result, the severely undercuts the deterrent fac- ices. task forces are not operational and will tor. S. 320 not be until the security issue is re- Mexico’s Organized Crime Statute At the request of Ms. MOSELEY- solved. has yet to be fully implemented. The BRAUN, the name of the Senator from

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1262 CONGRESSIONAL RECORD — SENATE March 3, 1998 Massachusetts (Mr. KERRY) was added S. 1682 Mr. TORRICELLI, Mr. HOLLINGS, Mr. as a cosponsor of S. 320, a bill to amend At the request of Mr. D’AMATO, the ROBB, Mr. SANTORUM, Mr. KYL, Mr. the Internal Revenue Code of 1986 to name of the Senator from Illinois (Ms. AKAKA, Mr. LIEBERMAN, Mr. ALLARD, MOSELEY-BRAUN) was added as a co- provide comprehensive pension protec- Mr. COCHRAN, Mr. GRAHAM, Mr. GRASS- sponsor of S. 1682, a bill to amend the tion for women. LEY, Mr. WYDEN, Mr. FAIRCLOTH, Mrs. S. 412 Internal Revenue Code of 1986 to repeal joint and several liability of spouses on MURRAY, Mr. KOHL, Mr. MACK, Ms. MI- At the request of Mr. SMITH, his KULSKI, Mr. CRAIG, Mr. BURNS, Mr. name was withdrawn as a cosponsor of joint returns of Federal income tax, BROWNBACK, Mr. DODD, Mr. DORGAN, S. 412, a bill to provide for a national and for other purposes. Mr. ROCKEFELLER, Mr. SMITH of Or- standard to prohibit the operation of SENATE CONCURRENT RESOLUTION 77 motor vehicles by intoxicated individ- At the request of Mr. SESSIONS, the egon, Mr. HATCH, Mr. LAUTENBERG, Mr. uals. names of the Senator from Mississippi REID, Mr. COVERDELL, Mr. ENZI, Mr. (Mr. LOTT) and the Senator from Ala- GRAMM, Mr. KEMPTHORNE, Mr. HELMS, S. 712 bama (Mr. SHELBY) were added as co- Mr. BAUCUS, Ms. COLLINS, Mr. COATS, At the request of Mr. MOYNIHAN, the sponsors of Senate Concurrent Resolu- Mr. GRAMS, Mrs. FEINSTEIN, Mr. SAR- names of the Senator from Mississippi tion 77, a concurrent resolution ex- BANES, Mr. DEWINE, and Mr. SMITH of (Mr. LOTT) and the Senator from South pressing the sense of the Congress that New Hampshire) submitted the fol- Dakota (Mr. DASCHLE) were added as the Federal government should ac- cosponsors of S. 712, a bill to provide knowledge the importance of at-home lowing resolution; which was referred for a system to classify information in parents and should not discriminate to the Committee on Foreign Rela- the interests of national security and a against families who forego a second tions: system to declassify such information. income in order for a mother or father S. RES. 188 S. 1305 to be at home with their children. Whereas, of the 185 member states of the At the request of Mr. GRAMM, the SENATE RESOLUTION 155 United Nations, only the State of Israel is names of the Senator from California At the request of Mr. LOTT, the ineligible to sit on the Security Council, the (Mrs. FEINSTEIN) and the Senator from names of the Senator from Florida (Mr. Economic and Social Council, or any other North Carolina (Mr. FAIRCLOTH) were MACK), the Senator from Nevada (Mr. United Nations committee; added as cosponsors of S. 1305, a bill to REID), and the Senator from Colorado Whereas the State of Israel was created in invest in the future of the United (Mr. ALLARD) were added as cosponsors response to a 1947 General Assembly resolu- States by doubling the amount author- of Senate Resolution 155, a resolution tion and joined the United Nations in 1949; ized for basic scientific, medical, and designating April 6 of each year as Whereas the members of the United Na- pre-competitive engineering research. ‘‘National Tartan Day’’ to recognize tions have organized themselves according S. 1335 the outstanding achievements and con- to regional groups since 1946; Whereas eligibility for election to the ro- At the request of Ms. SNOWE, the tributions made by Scottish Americans name of the Senator from Texas (Mrs. to the United States. tating seats of the Security Council, or other United Nations councils, commissions, or SENATE RESOLUTION 170 HUTCHISON) was added as a cosponsor of committees, is only available to countries At the request of Mr. SPECTER, the S. 1335, a bill to amend title 5, United belonging to a regional group; name of the Senator from California States Code, to ensure that coverage of Whereas Israel has remained a member of bone mass measurements is provided (Mrs. BOXER) was added as a cosponsor the United Nations despite being subjected under the health benefits program for of Senate Resolution 170, a resolution to deliberate attacks which aimed to place Federal employees. expressing the sense of the Senate that the legitimacy of the State of Israel in ques- S. 1365 the Federal investment in biomedical tion; research should be increased by At the request of Ms. MIKULSKI, the Whereas this anachronistic Cold War isola- name of the Senator from New York $2,000,000,000 in fiscal year 1999. tion of Israel at the United Nations con- SENATE RESOLUTION 175 tinues; (Mr. D’AMATO) was added as a cospon- Whereas barring a member of the United sor of S. 1365, a bill to amend title II of At the request of Mr. ROBB, the names of the Senator from Georgia Nations from entering a regional group is in- the Social Security Act to provide that imical to the principles under which the the reductions in social security bene- (Mr. CLELAND), the Senator from Maine (Ms. COLLINS), the Senator from Ohio United Nations was founded, namely, ‘‘to de- fits which are required in the case of velop friendly relations among nations based (Mr. DEWINE), the Senator from Illinois spouses and surviving spouses who are on respect for the principle of equal (Mr. DURBIN), the Senator from Wis- also receiving certain Government pen- rights . . .’’; and consin (Mr. FEINGOLD), the Senator sions shall be equal to the amount by Whereas Israel is a vibrant democracy, which two-thirds of the total amount from California (Mrs. FEINSTEIN), the which shares the values, goals, and interests of the combined monthly benefit (be- Senator from Texas (Mrs. HUTCHISON), of the ‘‘Western European and Others fore reduction) and monthly pension the Senator from Indiana (Mr. LUGAR), Group’’, a regional group which includes exceeds $1,200, adjusted for inflation. the Senator from New York (Mr. MOY- Australia, Canada, New Zealand, and the NIHAN), and the Senator from Alaska United States: Now, therefore, be it S. 1580 (Mr. MURKOWSKI) were added as cospon- Resolved, That it is the sense of the Senate At the request of Mr. SHELBY, the sors of Senate Resolution 175, a bill to name of the Senator from Texas (Mrs. that— designate the week of May 3, 1998 as (1) it should be the policy of the United HUTCHISON) was added as a cosponsor of ‘‘National Correctional Officers and S. 1580, a bill to amend the Balanced States to support the State of Israel’s efforts Employees Week.’’ to enter an appropriate United Nations re- Budget Act of 1997 to place an 18-month SENATE RESOLUTION 187 gional group; moratorium on the prohibition of pay- At the request of Mr. MACK, the name (2) the President should instruct the Per- ment under the medicare program for of the Senator from Arkansas (Mr. manent Representative of the United States home health services consisting of HUTCHINSON) was added as a cosponsor to the United Nations to carry out this pol- venipuncture solely for the purpose of of Senate Resolution 187, a resolution icy; obtaining a blood sample, and to re- expressing the sense of the Senate re- (3) the United States should— quire the Secretary of Health and garding the human rights situation in (A) insist that any effort to expand the United Nations Security Council also re- Human Services to study potential the People’s Republic of China. fraud and abuse under such program solves this anomaly; and with respect to such services. f (B) ensure that the principle of sovereign equality be upheld without exception; and S. 1596 SENATE RESOLUTION 188—CON- (4) the Secretary of State should submit a At the request of Mr. COVERDELL, the CERNING ISRAELI MEMBERSHIP IN A UNITED NATIONS REGIONAL report to Congress on the steps taken by the name of the Senator from Washington United States, the Secretary General of the (Mr. GORTON) was added as a cosponsor GROUP United Nations, and others to help secure of S. 1596, a bill to provide for reading Mr. MOYNIHAN (for himself, Mr. Israel’s membership in an appropriate United excellence. LUGAR, Mr. D’AMATO, Mr. KENNEDY, Nations regional group.

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A December LANDRIEU, Mrs. BOXER, Ms. SNOWE, thinking in trying to address this classroom 1997 study found that first-graders par- Mrs. MURRAY, and Mr. DASCHLE) sub- size problem: Now, therefore, be it ticipating in SAGE scored higher on mitted the following resolution; which Resolved, That it is the sense of the Senate standardized tests than other students was referred to the Committee on the that— in comparison schools. The SAGE pro- (1) experiments in reducing class size have Judiciary: gram has demonstrated again what we had an effect on academic achievement in know instinctively: students in smaller S. RES. 189 the earliest grades; and Whereas 1998 will mark the 150th anniver- (2) the Senate should seek to assist States classes benefit from more attention sary of the Women’s Rights Movement in the in the efforts of States to reduce class size from teachers, and teachers with fewer United States, a valiant civil rights move- and access the benefits of such a reduction. pupils will have more time and energy ment that began in 1848 when the Women’s Mr. FEINGOLD. Mr. President, I rise to devote to their jobs. Class size has Rights Convention was held in Seneca Falls, today to submit a Senate resolution re- been proven to be one of the crucial New York; garding smaller classes in our public factors in the quality of a child’s edu- Whereas the Declaration of Sentiments, schools. cation, along with teacher quality and the document issued by the Women’s Rights parental involvement. Convention, is a strong reflection of this This resolution expresses the Sen- country’s commitment to liberty and per- ate’s strong sense that experiments in The SAGE program and this resolu- sonal freedom; reducing class size in the earliest tion will reinforce what should be good, Whereas the Women’s Rights Movement grades demonstrate a proven edu- common sense. If you have smaller has had an irreversible effect on the opportu- cational benefit. Accordingly, the Sen- classes, children get more attention nities open to women in all areas of life, in- ate should assist States in their efforts from teachers, and it stands to reason cluding business, education, religion, the to reduce class size and assess the ben- that more attention will translate into arts, science, and athletics; efits of such reductions. more learning. Whereas the history surrounding the fight Mr. President, yesterday I visited the for women’s equality over the past century Parkview Elementary School in Mr. President, I think the Wisconsin and a half is still greatly unknown and un- Cudahy, a community near Milwaukee, experience with this kind of common- recognized by many of our Nation’s citizens sense educational reform is instructive. and demands more acknowledgment in our where I had the chance to read Dr. children’s curriculum; Seuss’ classic children’s story, ‘‘Green That is why, last fall, I included an Whereas there is an ever-increasing need Eggs and Ham,’’ to a group of 15 first- amendment to the Labor and Health for both women and men to share in the fun- grade students. It was exciting to and Human Services Departments’ 1998 damental responsibilities of our national life watch their faces come alive with curi- appropriation bill requiring the De- with a full and equal participation in soci- osity as they listened. partment of Education to study the ety; and Parkview Elementary is a special costs and benefits of reducing class size Whereas March 1998, is National Women’s school because it is one of 30 Wisconsin in the earliest grades. My amendment History Month, celebrated with the theme of ‘‘Living the Legacy of Women’s Rights’’: schools in 21 school districts that are also required the Department to pre- Now, therefore, be it participating in the Student Achieve- pare cost estimates of growing enroll- Resolved, That the Senate— ment Guarantee in Education program, ments and to follow-up with policy rec- (1) recognizes and celebrates 1998 as the or the SAGE program. It is a very pop- ommendations. In addition, I wrote 150th anniversary of the Women’s Rights ular pilot program and, according to an earlier this year to President Clinton Movement and March 1998 as National Wom- independent evaluation being con- in January requesting that he make re- en’s History Month under the theme ‘‘Living ducted by the University of Wisconsin- ducing class size a priority in his FY 99 the Legacy of Women’s Rights’’; and Milwaukee’s, Center for Urban Initia- (2) calls on educators, government offi- education budget. I was pleased that cials, and businesses to celebrate the legacy tives and Research, it’s been very effec- the President’s FY 99 budget includes of the Women’s Rights Movement and re- tive at reducing the size of elementary an initiative to help schools provide member the struggle that began 150 years school classes. SAGE is a very appro- small classes with qualified teachers in ago. priate acronym, for a sage is a teacher the early grades. Mr. President, in an f who imparts knowledge and wisdom effort to spread the message of the suc- through direct interaction with his or cessful SAGE pilot program, I recently SENATE RESOLUTION 190—RE- her students, and the SAGE program in invited Education Secretary Richard GARDING REDUCTIONS IN CLASS Wisconsin is trying to give students Riley to come to Wisconsin for a tour SIZE and teachers more opportunities to of several SAGE schools. Mr. FEINGOLD (for himself and Mrs. interact directly, which improves And, finally, most recently, I have FEINSTEIN) submitted the following res- learning. written to the chairman and ranking olution; which was referred to the SAGE is a pilot program created by member of the Labor and Human Re- Committee on Labor and Human Re- the Wisconsin legislature in 1995. The sources Committee requesting that the sources: specific objective of the program is to committee hold a hearing to examine S. RES. 190 improve student achievement through the options available to schools as they Whereas long-range projections by the Bu- four reform strategies: (1) reducing stu- plan for smaller class size with higher reau of the Census indicate a rising number dent/teacher ratios to a maximum of of births, rising to 4,200,000 in 2010 and anticipated student enrollment loom- 15-to-1, which was the size of the first- ing. 4,600,000 in 2020; grade class I visited yesterday; (2) in- Whereas in the coming years the popu- creasing cooperation between schools A recent Department of Education lation of school-aged children is expected to report states that this year’s elemen- increase to a record 52,200,000; and their surrounding communities; (3) implementing a rigorous academic cur- tary and secondary student enrollment Whereas academic achievement for all stu- will soon be at record levels. School dents is one of our Nation’s highest prior- riculum stressing achievement; and, fi- ities; nally, (4) improving staff development districts are going to need to adapt to Whereas increased enrollments have re- and evaluation. A modest amount of these increases while many of them sulted in a further increase of the average state aid is available to schools who rightly will be investing as much as class size; adopt the SAGE program, which cur- they can in the creation of smaller Whereas research has shown that children rently covers kindergarten through the classes for early elementary students. in small classes in the earliest grades Addressing the problem of increasing achieve better academically than the peers second grade, and which is scheduled to of such children in larger classes; be expanded to cover third grade in the enrollment and the desire to reduce Whereas research has shown substantial near future. class size presents a great challenge to lasting benefits for children who were in SAGE has proven to be very popular our communities, our States and our small classes during the earliest grades; with parents, teachers, school adminis- Nation. As I say that, I want to be very

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1264 CONGRESSIONAL RECORD — SENATE March 3, 1998 clear that I believe that the American date that the assessment is performed, eco- Sec. 3208. Special permits and exclusions. public school system is rooted in the nomically self-sufficient. In determining Sec. 3209. Administration. economic self-sufficiency, the Secretary Sec. 3210. Cooperative agreements. vision of Thomas Jefferson. He saw a Sec. 3211. Enforcement. future where every child in the Nation shall consider— ‘‘(A) the number and percentage of such re- Sec. 3212. Penalties. could look forward to a thorough pub- Sec. 3213. Preemption. cipients that are, as of the date of the assess- Sec. 3214. Judicial review. lic education, comparable in quality ment, employed; but under local control. I want it to be Sec. 3215. Hazardous material transportation ‘‘(B) the number and percentage of such re- reauthorization. clear that when I speak about small cipients earning incomes at or above 150 per- Sec. 3216. Authorization of appropriations. class size as a national goal, it is in the cent of the poverty line (as defined in section Subtitle C—Comprehensive One-Call context of local control. So I do not 673(2) of the Community Services Block Notification support a national mandate for smaller Grant Act (42 U.S.C. 9902(2)), including any revision required by such section for a fam- Sec. 3301. Findings. class size. Sec. 3302. Establishment of one-call notifica- ily of the size involved); and tion programs. I believe that any distribution for- ‘‘(C) the number and percentage of such re- mula for the funds should give credit to cipients that have access to housing, trans- Subtitle D—Motor Carrier Safety and not penalize those States, such as portation, and child care. Sec. 3401. Statement of purposes. Wisconsin, which have gotten ahead of ‘‘(2) REPORTS TO CONGRESS.—Beginning 4 Sec. 3402. Grants to States. months after the date of enactment of this Sec. 3403. Federal share. this and have invested some resources. Sec. 3404. Authorization of appropriations. subsection, the Secretary shall submit bian- I also believe very firmly that any Sec. 3405. Information systems and strategic nual reports to the appropriate committees national funding in this area has to be safety initiatives. paid for. It cannot be done on the basis of Congress on the assessment conducted Sec. 3406. Improved flow of driver history under this subsection. The reports shall ana- pilot program. of deficit spending or, in effect, bor- lyze the ability of former recipients of as- rowing from Social Security. Sec. 3407. Motor carrier and driver safety resistance under the State programs funded search. But with those qualifications, I reit- under this part to achieve economic self-suf- Sec. 3408. Authorization of appropriations. erate that there is a great national ficiency. The Secretary shall include in the Sec. 3409. Conforming amendments. purpose in trying to reduce class sizes reports all available information about the Sec. 3410. Automobile transporter defined. for children. Therefore, the Federal economic self-sufficiency of such recipients, Sec. 3411. Repeal of review panel; review pro- Government has a limited but impor- including data from quarterly State reports cedure. Sec. 3412. Commercial motor vehicle opera- tant role in ensuring that the Nation submitted to the Department of Health and Human Services (in this paragraph referred tors. makes the proper investments in stu- to as the ‘Department’), data from State ap- Sec. 3413. Penalties. dents today so that it can meet the plications submitted to the Department for Sec. 3414. International registration plan challenges of the 21st century. bonuses, and to the extent the Secretary de- and international fuel tax Mr. President, we should take the termines they are relevant to the assess- agreement. necessary steps now to help school dis- ment— Sec. 3415. Study of adequacy of parking fa- ‘‘(A) reports prepared by the Comptroller cilities. tricts reduce class size as part of an Sec. 3416. Application of regulations. overall effort to improve education and General of the United States; Sec. 3417. Authority over charter bus trans- ensure that our children have the best ‘‘(B) samples prepared by the Bureau of the portation. Census; Sec. 3418. Federal motor carrier safety inves- chance to excel and reach their full po- ‘‘(C) surveys funded by the Department; tential. tigations. ‘‘(D) studies conducted by the Department; Sec. 3419. Foreign motor carrier safety fit- Mr. WELLSTONE. Mr. President, I ‘‘(E) studies conducted by States; ness. thank my colleague, Senator FEIN- ‘‘(F) surveys conducted by non-govern- Sec. 3420. Commercial motor vehicle safety GOLD, for his remarks about smaller mental entities; advisory committee. class size and the importance of edu- ‘‘(G) administrative data from other Fed- Sec. 3421. Waivers; exemptions; pilot pro- cation. His remarks are very impor- eral agencies; and grams. tant, and I associate myself with and ‘‘(H) information and materials available Sec. 3422. Commercial motor vehicle safety from any other appropriate source.’’. studies. support his resolution. Sec. 3423. Increased MCSAP participation f impact study. McCAIN (AND HOLLINGS) Sec. 3424. Exemption from certain regula- AMENDMENTS SUBMITTED AMENDMENT NO. 1680 tions for utility service com- Mr. MCCAIN (for himself and Mr. mercial motor vehicle drivers. Sec. 3425. Waivers for certain farm vehicles. HOLLINGS) proposed an amendment to Sec. 3426. Farm service vehicles. THE INTERMODAL SURFACE amendment No. 1676 proposed by Mr. Subtitle E—Rail and Mass Transportation TRANSPORTATION EFFICIENCY CHAFEE to the bill, S. 1173, supra; as ACT OF 1998 Anti-Terrorism; Safety follows: Sec. 3501. Purpose. On page 4, before line 1, insert the fol- Sec. 3502. Amendments to the ‘‘wrecking lowing: trains’’ statute. WELLSTONE AMENDMENT NO. 1679 TITLE III—INTERMODAL TRANSPOR- Sec. 3503. Terrorist attacks against mass Mr. WELLSTONE proposed an TATION SAFETY AND RELATED MAT- transportation. amendment to amendment No. 1676 TERS Sec. 3504. Investigative jurisdiction. Sec. 3505. Safety considerations in grants or proposed by Mr. CHAFEE to the bill (S. Sec. 3001. Short title. loans to commuter railroads. 1173) to authorize funds for construc- Sec. 3002. Amendment of title 49, United Sec. 3506. Railroad accident and incident re- tion of highways, for highway safety States Code. porting. programs, and for mass transit pro- Subtitle A—Highway Safety Sec. 3507. Mass transportation buses. grams, and for other purposes; as fol- Sec. 3101. Highway safety programs. Subtitle F—Sportfishing and Boating Safety lows: Sec. 3102. National driver register. Sec. 3601. Amendment of 1950 Act. Sec. 3602. Outreach and communications pro- On page 309, between lines 3 and 4, insert Sec. 3103. Authorizations of appropriations. grams. the following: Sec. 3104. Motor vehicle pursuit program. Sec. 3105. Enforcement of window glazing Sec. 3603. Clean Vessel Act funding. SEC. 18ll. REPORT ON THE STATUS OF FORMER standards for light trans- Sec. 3604. Boating infrastructure. TANF RECIPIENTS. mission. Sec. 3605. Boat safety funds. Section 413 of the Social Security Act (42 Subtitle G—Miscellaneous U.S.C. 613) is amended by adding at the end Subtitle B—Hazardous Materials Sec. 3701. Light density rail line pilot the following: Transportation Reauthorization projects. ‘‘(k) REPORT ON THE STATUS OF FORMER Sec. 3201. Findings and purposes; definitions. TANF RECIPIENTS.— Sec. 3202. Handling criteria repeal. At the end of the bill, add the following: ‘‘(1) DEVELOPMENT OF PLAN.—The Secretary Sec. 3203. Hazmat employee training require- TITLE III—INTERMODAL TRANSPOR- shall develop a plan to assess, to the extent ments. TATION SAFETY AND RELATED MAT- possible based on all available information, Sec. 3204. Registration. TERS the number and percentage of former recipi- Sec. 3205. Shipping paper retention. SEC. 3001. SHORT TITLE. ents of assistance under the State programs Sec. 3206. Public sector training curriculum. This title may be cited as the ‘‘Intermodal funded under this part that are, as of the Sec. 3207. Planning and training grants. Transportation Safety Act of 1997’’.

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SEC. 3002. AMENDMENT OF TITLE 49, UNITED (f) SAFETY INCENTIVE GRANTS.—Section 402 ‘‘(II) shall suspend the driver’s license of STATES CODE. of title 23, United States Code, is amended by such person for a period of not less than 1 Except as otherwise expressly provided, striking subsection (k) and inserting the fol- year, or revoke such license, if such person is whenever in this title an amendment or re- lowing: a repeat offender in such 5-year period; and peal is expressed in terms of an amendment ‘‘(k) SAFETY INCENTIVE GRANTS.— ‘‘(ii) the suspension and revocation re- to, or a repeal of, a section or other provi- ‘‘(1) SAFETY INCENTIVE GRANTS: GENERAL ferred to under subparagraph (A)(i) shall sion, the reference shall be considered to be AUTHORITY.—The Secretary shall make a take effect not later than 30 days after the made to a section or other provision of title grant to a State that takes specific actions date on which the person refused to submit 49, United States Code. to advance highway safety under subsection to a chemical test or received notice of hav- Subtitle A—Highway Safety (l) or (m) or section 410. A State may qualify ing been determined to be driving under the SEC. 3101. HIGHWAY SAFETY PROGRAMS. for more than 1 grant and shall receive a sep- influence of alcohol, in accordance with the arate grant for each subsection for which it (a) UNIFORM GUIDELINES.—Section 402(a) of State’s procedures. title 23, United States Code, is amended by qualifies. Such grants may only be used by ‘‘(C) UNDERAGE DRINKING PROGRAM.—An ef- striking ‘‘section 4007’’ and inserting ‘‘sec- recipient States to implement and enforce, fective system, as determined by the Sec- tion 4004’’. as appropriate, the programs for which the retary, for preventing operators of motor ve- (b) ADMINISTRATIVE REQUIREMENTS.—Sec- grants are awarded. hicles under age 21 from obtaining alcoholic tion 402(b) of such title is amended— ‘‘(2) MAINTENANCE OF EFFORT. No grant beverages. Such system shall include the (1) by striking the period at the end of sub- may be made to a State under subsection (l) issuance of drivers’ licenses to individuals paragraph (A) and subparagraph (B) of para- or (m) in any fiscal year unless such State under age 21 that are easily distinguishable graph (1) and inserting a semicolon; enters into such agreements with the Sec- in appearance from drivers’ licenses issued (2) in paragraph (1)(C), by inserting ‘‘, in- retary as the Secretary may require to en- to individuals age 21 years of age or older. cluding Indian tribes,’’ after ‘‘subdivisions of sure that such State will maintain its aggre- ‘‘(D) STOPPING MOTOR VEHICLES.—Either— such State’’; gate expenditures from all other sources for ‘‘(i) a statewide program for stopping (3) in paragraph (1)(C), by striking the pe- the specific actions for which a grant is pro- motor vehicles on a nondiscriminatory, law- riod at the end and inserting a semicolon and vided at or above the average level of such ful basis for the purpose of determining ‘‘and’’; and expenditures in its 2 fiscal years preceding whether the operators of such motor vehicles (4) by striking paragraphs (3) and (4) and the date of the enactment of this subsection. are driving while under the influence of alco- redesignating paragraph (5) as paragraph (3). ‘‘(3) MAXIMUM PERIOD OF ELIGIBILITY; FED- hol; or (c) APPORTIONMENT OF FUNDS.—Section ERAL SHARE FOR GRANTS.—Each grant under ‘‘(ii) a statewide Special Traffic Enforce- 402(c) of such title is amended— subsection (l) or (m) shall be available for ment Program for impaired driving that em- (1) by inserting ‘‘the apportionment to the not more than 6 fiscal years beginning in the phasizes publicity for the program. Secretary of the Interior shall not be less fiscal year after September 30, 1997, in which ‘‘(E) REPEAT OFFENDERS.—Effective sanc- than 3⁄4 of 1 percent of the total apportion- the State becomes eligible for the grant. The tions for repeat offenders convicted of driv- ment and’’ after ‘‘except that’’ in the sixth Federal share payable for any grant under ing under the influence of alcohol. Such sentence; and subsection (l) or (m) shall not exceed— sanctions, as determined by the Secretary, (2) by striking the seventh sentence. ‘‘(A) in the first and second fiscal years in may include electronic monitoring; alcohol (d) APPLICATION IN INDIAN COUNTRY.—Sec- which the State receives the grant, 75 per- interlocks; intensive supervision of proba- tion 402(i) of title 23, United States Code, is cent of the cost of implementing and enforc- tion; vehicle impoundment, confiscation, or amended to read as follows: ing, as appropriate, in such fiscal year a pro- forfeiture; and dedicated detention facilities. ‘‘(i) APPLICATON IN INDIAN COUNTRY.— gram adopted by the State; ‘‘(F) GRADUATED LICENSING SYSTEM.—A 3- ‘‘(1) IN GENERAL.—For the purpose of appli- ‘‘(B) in the third and fourth fiscal years in stage graduated licensing system for young cation of this section in Indian country, the which the State receives the grant, 50 per- drivers that includes nighttime driving re- terms ‘State’ and ‘Governor of a State’ in- cent of the cost of implementing and enforc- strictions during the first 2 stages, requires clude the Secretary of the Interior and the ing, as appropriate, in such fiscal year such all vehicle occupants to be properly re- term ‘political subdivision of a State’ in- program; and strained, and makes it unlawful for a person cludes an Indian tribe. Notwithstanding the ‘‘(C) in the fifth and sixth fiscal years in under age 21 to operate a motor vehicle with provisions of subsection (b)(1)(C), 95 percent which the State receives the grant, 25 per- a blood alcohol concentration of .02 percent of the funds apportioned to the Secretary of cent of the cost of implementing and enforc- or greater. the Interior under this section shall be ex- ing, as appropriate, in such fiscal year such ‘‘(G) DRIVERS WITH HIGH BAC’S.—Programs pended by Indian tribes to carry out highway program. to target individuals with high blood alcohol safety programs within their jurisdictions. ‘‘(l) ALCOHOL-IMPAIRED DRIVING COUNTER- concentrations who operate a motor vehicle. The provisions of subparagraph (b)(1)(D) MEASURES: BASIC GRANT ELIGIBILITY.—The Such programs may include implementation shall be applicable to Indian tribes, except to Secretary shall make grants to those States of a system of graduated penalties and as- those tribes with respect to which the Sec- that adopt and implement effective pro- sessment of individuals convicted of driving retary determines that application of such grams to reduce traffic safety problems re- under the influence of alcohol. provisions would not be practicable. sulting from persons driving under the influ- ‘‘(H) YOUNG ADULT DRINKING PROGRAMS.— ‘‘(2) INDIAN COUNTRY DEFINED.—For the pur- ence of alcohol. A State shall become eligi- Programs to reduce driving while under the poses of this subsection, the term ‘Indian ble for 1 or more of 3 basic grants under this influence of alcohol by individuals age 21 country’ means— subsection by adopting or demonstrating the through 34. Such programs may include ‘‘(A) all land within the limits of any In- following to the satisfaction of the Sec- awareness campaigns; traffic safety partner- dian reservation under the jurisdiction of the retary: ships with employers, colleges, and the hos- United States, notwithstanding the issuance ‘‘(1) BASIC GRANT A.—At least 7 of the fol- pitality industry; assessment of first time of- of any patent, and including rights-of-way lowing: fenders; and incorporation of treatment into running through the reservation; ‘‘(A) .08 BAC PER SE LAW.—A law that pro- judicial sentencing. ‘‘(B) all dependent Indian communities vides that any individual with a blood alco- ‘‘(I) TESTING FOR BAC.—An effective system within the borders of the United States hol concentration of 0.08 percent or greater for increasing the rate of testing for blood whether within the original or subsequently while operating a motor vehicle shall be alcohol concentration of motor vehicle driv- acquired territory thereof and whether with- deemed to be driving while intoxicated. ers at fault in fatal accidents. in or without the limits of a State; and ‘‘(B) ADMINISTRATIVE LICENSE REVOCA- ‘‘(2) BASIC GRANT B.—Either of the fol- ‘‘(C) all Indian allotments, the Indian ti- TION.—An administrative driver’s license lowing: tles to which have not been extinguished, in- suspension or revocation system for persons ‘‘(A) ADMINISTRATIVE LICENSE REVOCA- cluding rights-of-way running through such who operate motor vehicles while under the TION.—An administrative driver’s license allotments.’’. influence of alcohol that requires that— suspension or revocation system for persons (e) RULEMAKING PROCESS.—Section 402(j) of ‘‘(i) in the case of a person who, in any 5- who operate motor vehicles while under the title 23, United States Code, is amended to year period beginning after the date of en- influence of alcohol which requires that— read as follows: actment of this subsection, is determined on ‘‘(i) in the case of a person who, in any 5- ‘‘(j) RULEMAKING PROCESS.—The Secretary the basis of a chemical test to have been op- year period beginning after the date of en- may from time to time conduct a rule- erating a motor vehicle under the influence actment of this subsection, is determined on making process to identify highway safety of alcohol or is determined to have refused to the basis of a chemical test to have been op- programs that are highly effective in reduc- submit to such a test as proposed by a law erating a motor vehicle under the influence ing motor vehicle crashes, injuries, and enforcement officer, the State agency re- of alcohol or is determined to have refused to deaths. Any such rulemaking shall take into sponsible for administering drivers’ licenses, submit to such a test as requested by a law account the major role of the States in im- upon receiving the report of the law enforce- enforcement officer, the State agency re- plementing such programs. When a rule pro- ment officer— sponsible for administering drivers’ licenses, mulgated in accordance with this section ‘‘(I) shall suspend the driver’s license of upon receiving the report of the law enforce- takes effect, States shall consider these such person for a period of not less than 90 ment officer— highly effective programs when developing days if such person is a first offender in such ‘‘(I) shall suspend the driver’s license of their highway safety programs.’’. 5-year period; and such person for a period of not less than 90

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1266 CONGRESSIONAL RECORD — SENATE March 3, 1998 days if such person is a first offender in such under age 21 with a blood alcohol concentra- the State, such as systems that contain med- 5-year period; and tion of 0.02 percent or greater when driving a ical and economic data: ‘‘(II) shall suspend the driver’s license of motor vehicle shall be deemed to be driving ‘‘(1) FIRST-YEAR GRANT ELIGIBILITY.—A such person for a period of not less than 1 while intoxicated, and further provides for a State is eligible for a first-year grant under year, or revoke such license, if such person is minimum suspension of the person’s driver’s this subsection in a fiscal year if such State a repeat offender in such 5-year period; and license for not less than 30 days. either: ‘‘(ii) the suspension and revocation re- ‘‘(E) SELF-SUSTAINING DRUNK DRIVING PRE- ‘‘(A) Demonstrates, to the satisfaction of ferred to under subparagraph (A)(i) shall VENTION PROGRAM.—The State provides for a the Secretary, that it has— take effect not later than 30 days after the self-sustaining drunk driving prevention pro- ‘‘(i) established a Highway Safety Data and day on which the person refused to submit to gram under which a significant portion of Traffic Records Coordinating Committee a chemical test or receives notice of having the fines or surcharges collected from indi- with a multidisciplinary membership including the administrators, collectors, and users been determined to be driving under the in- viduals apprehended and fined for operating of such data (including the public health, influence of alcohol, in accordance with the a motor vehicle while under the influence of jury control, and motor carrier commu- State’s procedures; or alcohol are returned to those communities nities) of highway safety and traffic records ‘‘(B) .08 BAC PER SE LAW.—A law that pro- which have comprehensive programs for the vides that any person with a blood alcohol databases; prevention of such operations of motor vehi- ‘‘(ii) completed within the preceding 5 concentration of 0.08 percent or greater cles. years a highway safety data and traffic while operating a motor vehicle shall be ‘‘(F) REDUCING DRIVING WITH A SUSPENDED records assessment or audit of its highway deemed to be driving while intoxicated. LICENSE.—The State enacts and enforces a safety data and traffic records system; and ‘‘(3) BASIC GRANT C.—Both of the following: law to reduce driving with a suspended li- ‘‘(iii) initiated the development of a ‘‘(A) FATAL IMPAIRED DRIVER PERCENTAGE cense. Such law, as determined by the Sec- multiyear highway safety data and traffic REDUCTION.—The percentage of fatally in- retary, may require a ‘zebra’ stripe that is records strategic plan to be approved by the jured drivers with 0.10 percent or greater clearly visible on the license plate of any Highway Safety Data and Traffic Records blood alcohol concentration in the State has motor vehicle owned and operated by a driv- Coordinating Committee that identifies and decreased in each of the 3 most recent cal- er with a suspended license. prioritizes its highway safety data and traf- endar years for which statistics for deter- ‘‘(G) EFFECTIVE DWI TRACKING SYSTEM.— fic records needs and goals, and that identi- mining such percentages are available; and The State demonstrates an effective driving fies performance-based measures by which ‘‘(B) FATAL IMPAIRED DRIVER PERCENTAGE while intoxicated (DWI) tracking system. progress toward those goals will be deter- COMPARISON.—The percentage of fatally in- Such a system, as determined by the Sec- mined; or jured drivers with 0.10 percent or greater retary, may include data covering arrests, ‘‘(B) provides, to the satisfaction of the blood alcohol concentration in the State has case prosecutions, court dispositions and Secretary— been lower than the average percentage for sanctions, and provide for the linkage of ‘‘(i) certification that it has met the provi- all States in each of such calendar years. such data and traffic records systems to ap- sions outlined in clauses (i) and (ii) of sub- ‘‘(4) BASIC GRANT AMOUNT.—The amount of propriate jurisdictions and offices within the paragraph (A); each basic grant under this subsection for State. ‘‘(ii) a multiyear plan that identifies and any fiscal year shall be up to 15 percent of ‘‘(H) ASSESSMENT OF PERSONS CONVICTED OF prioritizes the State’s highway safety data the amount appropriated to the State for fis- ABUSE OF CONTROLLED SUBSTANCES; ASSIGN- and traffic records needs and goals, that cal year 1997 under section 402 of this title. MENT OF TREATMENT FOR ALL DWI/DUI OFFEND- specifies how its incentive funds for the fiscal year will be used to address those needs ‘‘(5) ALCOHOL-IMPAIRED DRIVING COUNTER- ERS.—The State provides for assessment of MEASURES: SUPPLEMENTAL GRANTS.—During individuals convicted of driving while intoxi- and the goals of the plan, and that identifies the period in which a State is eligible for a cated or driving under the influence of alco- performance-based measures by which progress toward those goals will be deter- basic grant under this subsection, the State hol or controlled substances, and for the as- shall be eligible to receive a supplemental mined; and signment of appropriate treatment. ‘‘(iii) certification that the Highway Safe- grant in no more than 2 fiscal years of up to ‘‘(I) USE OF PASSIVE ALCOHOL SENSORS.— ty Data and Traffic Records Coordinating 5 percent of the amount apportioned to the The State provides for a program to acquire State in fiscal year 1997 under section 402. Committee continues to operate and sup- passive alcohol sensors to be used by police ports the multiyear plan described in clause The State may receive a separate supple- officers in detecting persons who operate mental grant for meeting each of the fol- (ii). motor vehicles while under the influence of ‘‘(2) FIRST-YEAR GRANT AMOUNT.—The lowing criteria: alcohol, and to train police officers in the amount of a first-year grant made for State ‘‘(A) OPEN CONTAINER LAWS.—The State use of that equipment. highway safety data and traffic records im- makes unlawful the possession of any open ‘‘(J) EFFECTIVE PENALTIES FOR PROVISION provements for any fiscal year to any State alcoholic beverage container, or the con- OR SALE OF ALCOHOL TO PERSONS UNDER 21.— eligible for such a grant under paragraph sumption of any alcoholic beverage, in the The State enacts and enforces a law that (1)(A) shall equal $1,000,000, subject to the passenger area of any motor vehicle located provides for effective penalties or other con- availability of appropriations, and for any on a public highway or the right-of-way of a sequences for the sale or provision of alco- State eligible for such a grant under para- public highway, except— holic beverages to any individual under 21 graph (1)(B) of this subsection shall equal a ‘‘(i) as allowed in the passenger area, by a year of age. The Secretary shall determine proportional amount of the amount appor- person (other than the driver), of any motor what penalties are effective. tioned to the State for fiscal year 1997 under vehicle designed to transport more than 10 ‘‘(6) DEFINITIONS.—For the purposes of this section 402, except that no State shall re- passengers (including the driver) while being subsection, the following definitions apply: ceive less than $250,000, subject to the avail- used to provide charter transportation of ‘‘(A) ‘Alcoholic beverage’ has the meaning ability of appropriations. The Secretary may passengers; or such term has under section 158(c). award a grant of up to $25,000 for 1 year to ‘‘(ii) as otherwise specifically allowed by ‘‘(B) ‘Controlled substances’ has the mean- any State that does not meet the criteria es- such State, with the approval of the Sec- ing such term has under section 102(6) of the tablished in paragraph (1). The grant may retary, but in no event may the driver of Controlled Substances Act (21 U.S.C. 802(6)). only be used to conduct activities needed to such motor vehicle be allowed to possess or ‘‘(C) ‘Motor vehicle’ means a vehicle driven enable that State to qualify for first-year consume an alcoholic beverage in the pas- or drawn by mechanical power and manufac- funding to begin in the next fiscal year. senger area. tured primarily for use on public streets, ‘‘(3) STATE HIGHWAY SAFETY DATA AND ‘‘(B) MANDATORY BLOOD ALCOHOL CON- roads, and highways, but does not include a TRAFFIC RECORDS IMPROVEMENTS; SUCCEEDING- CENTRATION TESTING PROGRAMS.—The State vehicle operated only on a rail line. YEAR GRANTS.—A State shall be eligible for a provides for mandatory blood alcohol con- ‘‘(D) ‘Open alcoholic beverage container’ grant in any fiscal year succeeding the first centration testing whenever a law enforce- means any bottle, can, or other receptacle— fiscal year in which the State receives a ment officer has probable cause under State ‘‘(i) that contains any amount of an alco- State highway safety data and traffic law to believe that a driver of a motor vehi- holic beverage; and records grant if the State, to the satisfaction cle involved in a crash resulting in the loss ‘‘(ii)(I) that is open or has a broken seal, or of the Secretary: of human life or, as determined by the Sec- ‘‘(II) the contents of which are partially re- ‘‘(A) Submits or updates a multiyear plan retary, serious bodily injury, has committed moved. that identifies and prioritizes the State’s an alcohol-related traffic offense. ‘‘(m) STATE HIGHWAY SAFETY DATA IM- highway safety data and traffic records ‘‘(C) VIDEO EQUIPMENT FOR DETECTION OF PROVEMENTS.—The Secretary shall make a needs and goals, that specifies how its incen- DRUNK DRIVERS.—The State provides for a grant to a State that takes effective actions tive funds for the fiscal year will be used to program to acquire video equipment to be to improve the timeliness, accuracy, com- address those needs and the goals of the used in detecting persons who operate motor pleteness, uniformity, and accessibility of plan, and that identifies performance-based vehicles while under the influence of alcohol the State’s data needed to identify priorities measures by which progress toward those and in prosecuting those persons, and to within State and local highway and traffic goals will be determined. train personnel in the use of that equipment. safety programs, to evaluate the effective- ‘‘(B) Certifies that its Highway Safety ‘‘(D) BLOOD ALCOHOL CONCENTRATION FOR ness of such efforts, and to link these State Data and Traffic Records Coordinating Com- PERSONS UNDER AGE 21.—The State enacts and data systems, including traffic records, to- mittee continues to support the multiyear enforces a law providing that any person gether and with other data systems within plan.

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‘‘(C) Reports annually on its progress in form to guidelines issued by the Secretary ‘‘(e) TRANSFER OF SELECTED FUNCTIONS TO implementing the multi-year plan. ensuring that such measurements are accu- NON-FEDERAL MANAGEMENT.— ‘‘(4) SUCCEEDING-YEAR GRANT AMOUNTS.— rate and representative. ‘‘(1) The Secretary may enter into an The amount of a succeeding-year grant made ‘‘(3) BASIC GRANT AMOUNT.—The amount of agreement with an organization that rep- for State highway safety data and traffic each basic grant for which a State qualifies resents the interests of the States to man- records improvements for any fiscal year to under this subsection for any fiscal year age, administer, and operate the National any State that is eligible for such a grant shall equal up to 20 percent of the amount Driver Register’s computer timeshare and shall equal a proportional amount of the apportioned to the State for fiscal year 1997 user assistance functions. If the Secretary amount apportioned to the State for fiscal under section 402. decides to enter into such an agreement, the year 1997 under section 402, except that no ‘‘(4) OCCUPANT PROTECTION PROGRAM: SUP- Secretary shall ensure that the management State shall receive less than $225,000, subject PLEMENTAL GRANTS.—During the period in of these functions is compatible with this to the availability of appropriations.’’. which a State is eligible for a basic grant chapter and the regulations issued to imple- (g) OCCUPANT PROTECTION PROGRAM.— under this subsection, the State shall be eli- ment this chapter. ‘‘(2) Any transfer of the National Driver (1) IN GENERAL.—Section 410 of title 23, gible to receive a supplement grant in a fis- Register’s computer timeshare and user as- United States Code, is amended to read as cal year of up to 5 percent of the amount ap- sistance functions to an organization that follows: portioned to the State in fiscal year 1997 represents the interests of the States shall under section 402. The State may receive a ‘‘§ 410. Safety belts and occupant protection begin only after a determination is made by separate supplemental grant for meeting program the Secretary that all States are partici- each of the following criteria: ‘‘The Secretary shall make basic grants to pating in the National Driver Register’s ‘‘(A) PENALTY POINTS AGAINST A DRIVER’S those States that adopt and implement effec- ‘Problem Driver Pointer System’ (the sys- LICENSE FOR VIOLATIONS OF CHILD PASSENGER tive programs to reduce highway deaths and tem used by the Register to effect the ex- PROTECTION REQUIREMENTS.—The State has in injuries resulting from persons riding unre- change of motor vehicle driving records), and effect a law that requires the imposition of strained or improperly restrained in motor that the system is functioning properly. penalty points against a driver’s license for vehicles. A State may establish its eligi- ‘‘(3) The agreement entered into under this violations of child passenger protection re- bility for 1 or both of the grants by adopting subsection shall include a provision for a quirements. or demonstrating the following to the satis- transition period sufficient to allow the ‘‘(B) ELIMINATION OF NONMEDICAL EXEMP- faction of the Secretary: States to make the budgetary and legislative TIONS TO SAFETY BELT AND CHILD PASSENGER ‘‘(1) BASIC GRANT A.—At least 4 of the fol- changes they may need to pay fees charged PROTECTION LAWS.—The State has in effect lowing: by the organization representing their inter- safety belt and child passenger protection ‘‘(A) SAFETY BELT USE LAW FOR ALL FRONT ests for their use of the National Driver Reg- laws that contain no nonmedical exemp- ister’s computer timeshare and user assist- SEAT OCCUPANTS.—The State has in effect a tions. safety belt use law that makes unlawful ance functions. During this transition pe- ‘‘(C) SAFET BELT USE IN REAR SEATS.—The throughout the State the operation of a pas- riod, the Secretary (through the National State has in effect a law that requires safety Highway Traffic Safety Administration) senger motor vehicle whenever a person in belt use by all rear-seat passengers in all shall continue to fund these transferred the front seat of the vehicle (other than a passenger motor vehicles with a rear seat. functions. child who is secured in a child restraint sys- ‘‘(5) DEFINITIONS.—As used in this sub- ‘‘(4) The total of the fees charged by the or- tem) does not have a safety belt properly se- section, the term— ganization representing the interests of the cured about the person’s body. ‘‘(A) ‘child safety seat’ means any device States in any fiscal year for the use of the ‘‘(B) PRIMARY SAFETY BELT USE LAW.—The except safety belts, designed for use in a National Driver Register’s computer State provides for primary enforcement of motor vehicle to restrain, seat, or position timeshare and user assistance functions its safety belt use law. children who weigh 50 pounds or less; shall not exceed the total cost to the organi- ‘‘(C) CHILD PASSENGER PROTECTION LAW; ‘‘(B) ‘motor vehicle’ means a vehicle driven zation for performing these functions in such PUBLIC AWARENESS PROGRAM.—The State has or drawn by mechanical power and manufac- fiscal year. in effect— tured primarily for use on public streets, ‘‘(5) Nothing in this subsection shall be ‘‘(i) a law that requires minors who are roads, and highways, but does not include a construed to diminish, limit, or otherwise af- riding in a passenger motor vehicle to be vehicle operated only on a rail line; fect the authority of the Secretary to carry properly secured in a child safety seat or ‘‘(C) ‘multipurpose passenger vehicle’ out this chapter.’’. other appropriate restraint system; and (b) ACCESS TO REGISTER INFORMATION.— means a motor vehicle with motive power ‘‘(ii) an effective public awareness program Section 30305(b) is amended by— (except a trailer), designed to carry not more that advocates placing passengers under the (1) by striking ‘‘request.’’ in paragraph (2) than 10 individuals, that is constructed ei- age of 13 in the back seat of a motor vehicle and inserting the following: ‘‘request, unless ther on a truck chassis or with special fea- equipped with a passenger-side air bag when- the information is about a revocation or sus- tures for occasional off-road operation; pension still in effect on the date of the re- ever possible. ‘‘(D) ‘passenger car’ means a motor vehicle ‘‘(D) CHILD OCCUPANT PROTECTION EDU- quest’’; with motive power (except a multipurpose CATION PROGRAM.—The State demonstrates (2) by inserting after paragraph (6) the fol- passenger vehicle, motorcycle, or trailer) de- implementation of a statewide comprehen- lowing: signed to carry not more than 10 individuals. sive child occupant protection education ‘‘(7) The head of a Federal department or ‘‘(E) ‘safety belt’ means— agency that issues motor vehicle operator’s program that includes education about prop- ‘‘(i) with respect to open-body passenger er seating positions for children in air bag licenses may request the chief driver licens- vehicles, including convertibles, an occupant ing official of a State to obtain information equipped motor vehicles and instruction on restraint system consisting of a lap belt or a under subsection (a) about an individual ap- how to reduce the improper use of child re- lap belt and a detachable shoulder belt; and plicant for a motor vehicle operator’s license straints systems. The States are to submit ‘‘(ii) with respect to other passenger vehi- from such department or agency. The depart- to the Secretary an evaluation or report on cles, an occupant restraint system consisting ment or agency may receive the informa- the effectiveness of the programs at least 3 of integrated lap and shoulder belts.’’. tion, provided it transmits to the Secretary years after receipt of the grant. (2) CONFORMING AMENDMENT.—The chapter a report regarding any individual who is de- ‘‘(E) MINIMUM FINES.—The State requires a analysis for chapter 4 of that title is amend- nied a motor vehicle operator’s license by minimum fine of at least $25 for violations of ed by striking the item relating to section that department or agency for cause; whose its safety belt use law and a minimum fine of 410 and inserting the following: motor vehicle operator’s license is revoked, at least $25 for violations of its child pas- suspended, or canceled by that department senger protection law. ‘‘410. Safety belts and occupant protection program.’’. or agency for cause; or about whom the de- ‘‘(F) SPECIAL TRAFFIC ENFORCEMENT PRO- partment or agency has been notified of a (h) DRUGGED DRIVER RESEARCH AND DEM- GRAM.—The State demonstrates implementa- conviction of any of the motor vehicle-re- tion of a statewide Special Traffic Enforce- ONSTRATION PROGRAM.—Section 403(b) of title 23, United States Code, is amended— lated offenses or comparable offenses listed ment Program for occupant protection that in section 30304(a)(3) and over whom the de- emphasizes publicity for the program. (1) by inserting ‘‘(1)’’ before ‘‘In addition’’; (2) by striking ‘‘is authorized to’’ and in- partment or agency has licensing authority. ‘‘(2) BASIC GRANT B.—Both of the following: The report shall contain the information ‘‘(A) STATE SAFETY BELT USE RATE.—The serting ‘‘shall’’; (3) by redesignating paragraphs (1) and (2) specified in section 30304(b). State demonstrates a statewide safety belt ‘‘(8) The head of a Federal department or as subparagraphs (A) and (B); and use rate in both front outboard seating posi- agency authorized to receive information re- (4) by inserting after subparagraph (B), as tions in all passenger motor vehicles of 80 garding an individual from the Register redesignated, the following: percent or higher in each of the first 3 years under this section may request and receive ‘‘(C) Measures that may deter drugged a grant under this paragraph is received, and such information from the Secretary.’’; of 85 percent or higher in each of the fourth, driving.’’. (3) by redesignating paragraphs (7) and (8) fifth, and sixth years a grant under this SEC. 3102. NATIONAL DRIVER REGISTER. as paragraphs (9) and (10), respectively; and paragraph is received. (a) TRANSFER OF SELECTED FUNCTIONS TO (4) by striking ‘‘paragraph (2)’’ in para- ‘‘(B) SURVEY METHOD.—The State follows NON-FEDERAL MANAGEMENT.—Section 30302 is graph (10), as redesignated, and inserting safety belt use survey methods which con- amended by adding at the end the following: ‘‘subsection (a)’’.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1268 CONGRESSIONAL RECORD — SENATE March 3, 1998 SEC. 3103. AUTHORIZATIONS OF APPROPRIA- Traffic Safety Administration, for highway ‘‘(2) accidents involving the release of haz- TIONS. safety under section 403 of title 23, United ardous materials are a serious threat to pub- The following sums are authorized to be States Code, there are authorized to be ap- lic health and safety; appropriated out of the Highway Trust Fund propriated $60,100,000 for each of fiscal years ‘‘(3) many States and localities have en- (other than the Mass Transit Account): 1998, 1999, 2000, 2001, and 2002, and $61,700,000 acted laws and regulations that vary from (1) CONSOLIDATED STATE HIGHWAY SAFETY for fiscal year 2003. Federal laws and regulations pertaining to PROGRAMS.— (3) PUBLIC EDUCATION EFFORT.—Out of funds the transportation of hazardous materials, (A) For carrying out the State and Com- made available for carrying out programs thereby creating the potential for unreason- munity Highway Safety Program under sec- under section 403 of title 23, United States able hazards in other jurisdictions and con- tion 402 of title 23, United States Code, by Code, for each of fiscal years 1998, 1999, 2000, founding shippers and carriers that attempt the National Highway Traffic Safety Admin- 2001, 2002, and 2003, the Secretary of Trans- to comply with multiple and conflicting registration, except for the incentive programs portation shall obligate at least $500,000 to istration, permitting, routings, notification, under subsections (l) and (m) of that sec- educate the motoring public on how to share loading, unloading, incidental storage, and tion— the road safely with commercial motor vehi- other regulatory requirements; (i) $117,858,000 for fiscal year 1998; cles. ‘‘(4) because of the potential risks to life, (ii) $123,492,000 for fiscal year 1999; (4) NATIONAL DRIVER REGISTER.—For car- property and the environment posed by unin- (iii) $126,877,000 for fiscal year 2000; rying out chapter 303 (National Driver Reg- tentional releases of hazardous materials, (iv) $130,355,000 for fiscal year 2001; ister) of title 49, United States Code, by the consistency in laws and regulations gov- (v) $133,759,000 for fiscal year 2002; and National Highway Traffic Safety Adminis- erning the transportation of hazardous mate- (vi) $141,803,000 for fiscal year 2003. tration— rials, including loading, unloading, and inci- (B) To carry out the alcohol-impaired driv- (A) $1,605,000 for fiscal year 1998; dental storage, is necessary and desirable; ing countermeasures incentive grant provi- (B) $1,680,000 for fiscal year 1999; ‘‘(5) in order to achieve greater uniformity sions of section 403(l) of title 23, United (C) $1,726,000 for fiscal year 2000; and to promote the public health, welfare, States Code, by the National Highway Traf- (D) $1,772,000 for fiscal year 2001; and safety at all levels, Federal standards for fic Safety Administration— (E) $1,817,000 for fiscal year 2002; and regulating the transportation of hazardous (i) $30,570,000 for fiscal year 1998; (F) $1,872,000 for fiscal year 2003. materials in intrastate, interstate, and for- (ii) $28,500,000 for fiscal year 1999; eign commerce are necessary and desirable; SEC. 3104. MOTOR VEHICLE PURSUIT PROGRAM. (iii) $29,273,000 for fiscal year 2000; ‘‘(6) in order to provide reasonable, ade- (iv) $30,065,000 for fiscal year 2001; (a) MOTOR VEHICLE PURSUIT PROGRAM.— quate, and cost-effective protection from the (v) $38,743,000 for fiscal year 2002; and (1) TRAINING.—Section 403(b)(1) of title 23, risks posed by the transportation of haz- (vi) $39,815,000 for fiscal year 2003. United States Code, as amended by section ardous materials, a network of adequately 3101(h), is amended by adding at the end Amounts made available to carry out section trained State and local emergency response thereof the following: personnel is required; 402(l) of title 23, United States Code, are au- ‘‘(D) Programs to train law enforcement thorized to remain available until expended, ‘‘(7) the movement of hazardous materials officers on motor vehicle pursuits conducted in commerce is necessary and desirable to provided that, in each fiscal year the Sec- by law enforcement officers.’’. retary may reallocate any amounts remain- maintain economic vitality and meet con- (2) FUNDING.—Out of amounts appropriated ing available under section 402(l) of section sumer demands, and shall be conducted in a to carry out section 403 of title 23, United safe and efficient manner; 402 of title 23, United States Code, as nec- States Code, the Secretary of Transportation essary to ensure, to the maximum extent ‘‘(8) primary authority for the regulation may use such amounts as may be necessary of such transportation should be consoli- possible, that States may receive the max- to carry out the motor vehicle pursuit train- imum incentive funding for which they are dated in the Department of Transportation ing program of section 403(b)(1)(D) of title 23, to ensure the safe and efficient movement of eligible under these programs. United States Code, but not in excess of (C) To carry out the occupant protection hazardous materials in commerce; and $1,000,000 for each of fiscal years 1999, 2000, ‘‘(9) emergency response personnel have a program incentive grant provisions of sec- 2001, 2002, and 2003. tion 410 of title 23, United States Code, by continuing need for training on responses to (b) REPORT OF FEDERAL POLICIES AND PRO- the National Highway Traffic Safety Admin- releases of hazardous materials in transpor- CEDURES.—Not later than 180 days after the istration— tation and small businesses have a con- date of enactment of this Act, the Attorney tinuing need for training on compliance with (i) $13,950,000 for fiscal year 1998; General of the United States, the Secretary (ii) $14,618,000 for fiscal year 1999; hazardous materials regulations. of Agriculture, the Secretary of the Interior, ‘‘(b) PURPOSES.—The purposes of this chap- (iii) $15,012,000 for fiscal year 2000; the Secretary of the Treasury, the Chief of (iv) $15,418,000 for fiscal year 2001; ter are— Capitol Police, and the Administrator of (v) $17,640,000 for fiscal year 2002; and ‘‘(1) to ensure the safe and efficient trans- General Services shall each transmit to Con- (vi) $17,706,000 for fiscal year 2003. portation of hazardous materials in intra- gress a report containing— state, interstate, and foreign commerce, in- Amounts made available to carry out section (1) the policy of the department or agency cluding the loading, unloading, and inci- 410 of title 23, United States Code, are au- headed by that individual concerning motor dental storage of hazardous material; thorized to remain available until expended, vehicle pursuits by law enforcement officers ‘‘(2) to provide the Secretary with preemp- provided that, in each fiscal year the Sec- of that department or agency; and tion authority to achieve uniform regulation retary may reallocate any amounts remain- (2) a description of the procedures that the of hazardous material transportation, to ing available under section 410 of title 23, department or agency uses to train law en- eliminate inconsistent rules that apply dif- United States Code, to subsections (l) and forcement officers in the implementation of ferently from Federal rules, to ensure effi- (m) of section 402 of title 23, United States the policy referred to in paragraph (1). cient movement of hazardous materials in Code, as necessary to ensure, to the max- SEC. 3105. ENFORCEMENT OF WINDOW GLAZING commerce, and to promote the national imum extent possible, that States may re- STANDARDS FOR LIGHT TRANS- health, welfare, and safety; and ceive the maximum incentive funding for MISSION. ‘‘(3) to provide adequate training for public which they are eligible under these pro- Section 402(a) of title 23, United States sector emergency response teams to ensure grams. Code, is amended by striking ‘‘post-accident safe responses to hazardous material trans- (D) To carry out the State highway safety procedures.’’ and inserting ‘‘post-accident portation accidents and incidents.’’. data improvements incentive grant provi- procedures, including the enforcement of (b) DEFINITIONS.—Section 5102 is amended sions of section 402(m) of title 23, United light transmission standards of glazing for by— States Code, by the National Highway Traf- passenger motor vehicles and light trucks as (1) by striking paragraph (1) and inserting fic Safety Administration— necessary to improve highway safety.’’. the following: (i) $8,370,000 for fiscal year 1998; Subtitle B—Hazardous Materials ‘‘(1) ‘commerce’ means trade or transpor- (ii) $8,770,000 for fiscal year 1999; Transportation Reauthorization tation in the jurisdiction of the United (iii) $9,007,000 for fiscal year 2000; and States— (iv) $9,250,000 for fiscal year 2001. SEC. 3201. FINDINGS AND PURPOSES; DEFINI- ‘‘(A) between a place in a State and a place TIONS. Amounts made available to carry out section outside of the State; (a) FINDINGS AND PURPOSES.—Section 5101 402(m) of title 23, United States Code, are au- ‘‘(B) that affects trade or transportation is amended to read as follows: thorized to remain available until expended. between a place in a State and a place out- (E) To carry out the drugged driving re- ‘‘§ 5101. Findings and purposes side of the State; or search and demonstration programs of sec- ‘‘(a) FINDINGS.—Congress finds with respect ‘‘(C) on a United States-registered air- tion 403(b)(1) of title 23, United States Code, to hazardous materials transportation that— craft.’’; by the National Highway Traffic Safety Ad- ‘‘(1) approximately 4,000,000,000 tons of reg- (2) by striking paragraphs (3) and (4) and ministration, $2,000,000 for each of fiscal ulated hazardous materials are transported inserting the following: years 1999, 2000, 2001, 2002, and 2003. each year and that approximately 1,000,000 ‘‘(3) ‘hazmat employee’ means an indi- (2) SECTION 403 HIGHWAY SAFETY AND RE- movements of hazardous materials occur vidual who— SEARCH.—For carrying out the functions of each day, according to Department of Trans- ‘‘(A) is— the Secretary, by the National Highway portation estimates; ‘‘(i) employed by a hazmat employer,

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1269 ‘‘(ii) self-employed, or (2) by striking subsection (c) and inserting ‘‘§ 5117. Special permits and exclusions’’; ‘‘(iii) an owner-operator of a motor vehicle; the following: (2) by striking ‘‘exemption’’ each place it and ‘‘(c) FILING SCHEDULE.—Each person re- appears and inserting ‘‘special permit’’; ‘‘(B) during the course of employment— quired to file a registration statement under (3) by inserting ‘‘authorizing variances’’ ‘‘(i) loads, unloads, or handles hazardous subsection (a) of this section shall file that after ‘‘special permit’’ the first place it ap- material; statement annually in accordance with regu- pears; and ‘‘(ii) manufactures, reconditions, or tests lations issued by the Secretary.’’; (4) in subsection (a)(2), by striking ‘‘2’’ and containers, drums, or other packagings rep- (3) by striking ‘‘552(f)’’ in subsection (f) and inserting ‘‘4’’. resented as qualified for use in transporting inserting ‘‘552(b)’’; (b) Section 5119(c) is amended by adding at hazardous material; (4) by striking ‘‘may’’ in subsection (g)(1) the end the following: ‘‘(iii) performs any function pertaining to and inserting ‘‘shall’’; and ‘‘(4) Pending promulgation of regulations the offering of hazardous material for trans- (5) by inserting ‘‘or an Indian tribe,’’ in under this subsection, States may partici- portation; subsection (i)(2)(B) after ‘‘State,’’. pate in a program of uniform forms and pro- ‘‘(iv) is responsible for the safety of trans- SEC. 3205. SHIPPING PAPER RETENTION. cedures recommended by the working group porting hazardous material; or Section 5110(e) is amended by striking the under subsection (b).’’. ‘‘(v) operates a vehicle used to transport first sentence and inserting ‘‘After expira- (c) The chapter analysis for chapter 51 is hazardous material. tion of the requirement in subsection (c), the amended by striking the item related to sec- ‘‘(4) ‘hazmat employer’ means a person tion 5117 and inserting the following: who— person who provided the shipping paper and ‘‘5117. Special permits and exclusions.’’. ‘‘(A) either— the carrier required to maintain it under ‘‘(i) is self-employed, subsection (a) shall retain the paper or an SEC. 3209. ADMINISTRATION. ‘‘(ii) is an owner-operator of a motor vehi- electronic image thereof, for a period of 1 (a) Section 5121 is amended by striking cle, or year after the shipping paper was provided to subsections (a), (b), and (c) and redesignating ‘‘(iii) has at least 1 employee; and the carrier, to be accessible through their re- subsections (d) and (e) as subsections (a) and ‘‘(B) performs a function, or uses at least 1 spective principal places of business.’’. (b), respectively. employee, in connection with— SEC. 3206. PUBLIC SECTOR TRAINING CUR- (b) Section 5122 is amended by redesig- ‘‘(i) transporting hazardous material in RICULUM. nating subsections (a), (b), and (c) as sub- commerce; Section 5115 is amended— sections (d), (e), and (f), and by inserting be- ‘‘(ii) causing hazardous material to be (1) in subsection (a), by striking ‘‘DEVELOP- fore subsection (d), as redesignated, the fol- transported in commerce, or MENT AND UPDATING.—Not later than Novem- lowing: ‘‘(iii) manufacturing, reconditioning, or ber 16, 1992, in’’ and inserting ‘‘UPDATING.— ‘‘(a) GENERAL AUTHORITY.—To carry out testing containers, drums, or other pack- In’’; this chapter, the Secretary of Transpor- agings represented as qualified for use in (2) in the first sentence of subsection (a), tation may investigate, make reports, issue transporting hazardous material.’’; by striking ‘‘develop and’’; subpoenas, conduct hearings, require the (3) by striking ‘‘title.’’ in paragraph (7) and (3) in subsection (a), by striking the second production of records and property, take inserting ‘‘title, except that a freight for- sentence; depositions, and conduct research, develop- warder is included only if performing a func- (4) in the first sentence of subsection (b), ment, demonstration, and training activi- tion related to highway transportation.’’; by striking ‘‘developed’’; ties. After notice and an opportunity for a (4) by redesignating paragraphs (9) through (5) in subparagraphs (A) and (B) of sub- hearing, the Secretary may issue an order (13) as paragraphs (12) through (16), respec- section (b)(1), by inserting ‘‘or involving an requiring compliance with this chapter or a tively; alternative fuel vehicle’’ after ‘‘material’’; regulation prescribed under this chapter. (5) by inserting after paragraph (8) the fol- and ‘‘(b) RECORDS, REPORTS, AND INFORMA- lowing: (6) by striking subsection (d) and inserting TION.—A person subject to this chapter ‘‘(9) ‘out-of-service order’ means a mandate the following: shall— ‘‘(1) maintain records, make reports, and that an aircraft, vessel, motor vehicle, train, ‘‘(d) DISTRIBUTION AND PUBLICATION.—With provide information the Secretary by regula- other vehicle, or a part of any of these, not the national response team, the Secretary of tion or order requires; and be moved until specified conditions have Transportation may publish a list of pro- ‘‘(2) make the records, reports, and infor- been met. grams that use a course developed under this mation available when the Secretary re- ‘‘(10) ‘package’ or ‘outside package’ means section for training public sector employees quests. a packaging plus its contents. to respond to an accident or incident involv- ‘‘(c) INSPECTION.— ‘‘(11) ‘packaging’ means a receptacle and ing the transportation of hazardous mate- ‘‘(1) The Secretary may authorize an offi- any other components or materials nec- rial.’’. essary for the receptacle to perform its con- cer, employee, or agent to inspect, at a rea- SEC. 3207. PLANNING AND TRAINING GRANTS. tainment function in conformance with the sonable time and in a reasonable way, Section 5116 is amended by— minimum packaging requirements estab- records and property related to— (1) by striking ‘‘of’’ in the second sentence lished by the Secretary of Transportation.’’; ‘‘(A) manufacturing, fabricating, marking, of subsection (e) and inserting ‘‘received by’’; and maintaining, reconditioning, repairing, test- (2) by striking subsection (f) and inserting (6) by striking ‘‘or transporting hazardous ing, or distributing a packaging or a con- the following: material to further a commercial enter- tainer for use by a person in transporting ‘‘(f) MONITORING AND TECHNICAL ASSIST- prise;’’ in paragraph (12)(A), as redesignated hazardous material in commerce; or ANCE.—The Secretary of Transportation by paragraph (4) of this subsection, and in- ‘‘(B) the transportation of hazardous mate- shall monitor public sector emergency re- serting ‘‘, and transporting hazardous material in commerce. sponse planning and training for an accident rial to further a commercial enterprise, or ‘‘(2) An officer, employee, or agent under or incident involving hazardous material. manufacturing, reconditioning, or testing this subsection shall display proper creden- Considering the results of the monitoring, containers, drums, or other packagings rep- tials when requested.’’. the Secretary shall provide technical assist- resented as qualified for use in transporting SEC. 3210. COOPERATIVE AGREEMENTS. ance to a State, political subdivision of a hazardous material’’. Section 5121, as amended by section 3209(a), (c) CLERICAL AMENDMENT.—The chapter State, or Indian tribe for carrying out emer- is further amended by adding at the end analysis of chapter 51 is amended by striking gency response training and planning for an thereof the following: the item relating to section 5101 and insert- accident or incident involving hazardous ma- ‘‘(f) AUTHORITY FOR COOPERATIVE AGREE- ing the following: terial and shall coordinate the assistance MENTS.—To carry out this chapter, the Sec- ‘‘5101. Findings and purposes.’’. using the existing coordinating mechanisms retary may enter into grants, cooperative of the national response team for oil and SEC. 3202. HANDLING CRITERIA REPEAL. agreements, and other transactions with a hazardous substances and, for radioactive Section 5106 is repealed and the chapter person, agency or instrumentality of the material, the Federal Radiological Prepared- analysis of chapter 51 is amended by striking United States, a unit of State or local gov- the item relating to that section. ness Coordinating Committee.’’; and ernment, an Indian tribe, a foreign govern- (3) by adding at the end thereof the fol- SEC. 3203. HAZMAT EMPLOYEE TRAINING RE- ment (in coordination with the State Depart- QUIREMENTS. lowing: ment), an educational institution, or other Section 5107(f)(2) is amended by striking ‘‘(l) SMALL BUSINESSES.—The Secretary entity to further the objectives of this chap- ‘‘and section 5106, and subsections (a) may authorize a State or Indian tribe receiv- ter. The objectives of this chapter include through (g)(1) and (h) of section 5108(a), and ing a grant under this section to use up to 25 the conduct of research, development, dem- 5109 of this title’’. percent of the amount of the grant to assist onstration, risk assessment, emergency re- SEC. 3204. REGISTRATION. small businesses in complying with regula- sponse planning and training activities.’’. Section 5108 is amended by— tions issued under this chapter.’’. SEC. 3211. ENFORCEMENT. (1) by striking subsection (b)(1)(C) and in- SEC. 3208. SPECIAL PERMITS AND EXCLUSIONS. Section 5122, as amended by section 3209(b), serting the following: (a) Section 5117 is amended— is further amended— ‘‘(C) each State in which the person carries (1) by striking the section heading and in- (1) in the first sentence of subsection (a), out any of the activities.’’; serting the following: by inserting ‘‘inspect,’’ after ‘‘may’’;

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(2) by striking the last sentence of sub- issued under this chapter is liable to the ‘‘(c) AUTHORITY OF COURT.—When the peti- section (a) and inserting: ‘‘Except as pro- United States Government for a civil penalty tion is sent to the Secretary or the modal vided in subsection (e) of this section, the of at least $250 but not more than $27,500 for Administrator, the court has exclusive juris- Secretary shall provide notice and an oppor- each violation.’’. diction to affirm, amend, modify, or set tunity for a hearing prior to issuing an order (b) DEGREE OF CULPABILITY.—Section aside any part of the order and may order requiring compliance with this chapter or a 5123(c)(2) is amended to read as follows: the Secretary or the modal Administrator to regulation, order, special permit, or approval ‘‘(2) with respect to the violator, the de- conduct further proceedings. After reason- issued under this chapter.’’; and gree of culpability, any good-faith efforts to able notice to the Secretary or the modal (3) by redesignating subsections (d), (e) and comply with the applicable requirements, Administrator, the court may grant interim (f) as subsections (f), (g) and (h), and insert- any history of prior violations, any economic relief by staying the order or taking other ing after subsection (c) the following: benefit resulting from the violation, the appropriate action when good cause for its ‘‘(d) OTHER AUTHORITY.— ability to pay, and any effect on the ability action exists. Findings of fact by the Sec- ‘‘(1) INSPECTION.—During inspections and to continue to do business; and’’. retary or the modal Administrator, if sup- investigations, officers, employees, or agents (c) CRIMINAL PENALTY.—Section 5124 is ported by substantial evidence, are conclu- of the Secretary may— amended to read as follows: sive. ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.— ‘‘(A) open and examine the contents of a ‘‘§ 5124. Criminal penalty In reviewing a final order under this section, package offered for, or in, transportation ‘‘(a) IN GENERAL.—A person knowingly vio- the court may consider an objection to a when— lating section 5104(b) of this title or willfully final order of the Secretary or the modal Ad- ‘‘(i) the package is marked, labeled, cer- violating this chapter or a regulation, order, ministrator only if the objection was made tified, placarded, or otherwise represented as special permit, or approval issued under this in the course of a proceeding or review con- containing a hazardous material, or chapter, shall be fined under title 18, impris- ducted by the Secretary, the modal Adminis- ‘‘(ii) there is an objectively reasonable and oned for not more than 5 years, or both. trator, or an administrative law judge, or if articulable belief that the package may con- ‘‘(b) AGGRAVATED VIOLATIONS.—A person there was a reasonable ground for not mak- tain a hazardous material; knowingly violating section 5104(b) of this ing the objection in the proceeding. ‘‘(B) take a sample, sufficient for analysis, title or willfully violating this chapter or a ‘‘(e) SUPREME COURT REVIEW.—A decision of material marked or represented as a haz- regulation, order, special permit, or approval by a court under this section may be re- ardous material or for which there is an ob- issued under this chapter, and thereby caus- viewed only by the Supreme Court under sec- jectively reasonable and articulable belief ing the release of a hazardous material, shall tion 1254 of title 28, United States Code.’’. that the material may be a hazardous mate- be fined under title 18, imprisoned for not (b) CLERICAL AMENDMENT.—The chapter rial, and analyze that material; more than 20 years, or both.’’. analysis for chapter 51 is amended by strik- ‘‘(C) when there is an objectively reason- SEC. 3213. PREEMPTION. ing the item related to section 5127 and inable and articulable belief that an imminent (a) REQUIREMENTS CONTRARY TO PURPOSES serting the following: hazard may exist, prevent the further trans- OF CHAPTER.—Section 5125(a)(2) is amended ‘‘5127. Judicial review. portation of the material until the hazardous by inserting ‘‘, the purposes of this chapter,’’ ‘‘5128. Authorization of appropriations.’’. qualities of that material have been deter- after ‘‘this chapter’’ the first place it ap- SEC. 3215. HAZARDOUS MATERIAL TRANSPOR- mined; and pears. TATION REAUTHORIZATION. ‘‘(D) when safety might otherwise be com- (b) DEADWOOD.—Section 5125(b)(2) is (a) IN GENERAL.—Chapter 51, as amended promised, authorize properly qualified per- amended by striking ‘‘prescribes after No- by section 3214 of this Act, is amended by re- sonnel to conduct the examination, sam- vember 16, 1990.’’ and inserting ‘‘prescribes.’’. designating section 5128 as section 5129 and pling, or analysis of a material. (c) INDEPENDENT APPLICATION OF PREEMP- by inserting after section 5127 the following: ‘‘(2) NOTIFICATION.—No package opened TION STANDARDS.—Section 5125 is amended ‘‘§ 5128. High risk hazardous material; motor pursuant to this subsection shall continue by adding at the end thereof the following: carrier safety study its transportation until the officer, em- ‘‘(h) INDEPENDENT APPLICATION OF EACH ‘‘(a) STUDY.—The Secretary of Transpor- ployee, or agent of the Secretary— STANDARD.—Each preemption standard in tation shall conduct a study— ‘‘(A) affixes a label to the package indi- subsections (a), (b)(1), (c), and (g) of this sec- ‘‘(1) to determine the safety benefits and cating that the package was inspected pursu- tion and section 5119(c)(2) is independent in administrative efficiency of implementing a ant to this subsection; and its application to a requirement of any Federal permit program for high risk haz- ‘‘(B) notifies the shipper that the package State, political subdivision of a State, or In- ardous material carriers; was opened for examination. dian tribe.’’. ‘‘(2) to identify and evaluate alternative ‘‘(e) EMERGENCY ORDERS.— SEC. 3214. JUDICIAL REVIEW. regulatory methods and procedures that may ‘‘(1) If, through testing, inspection, inves- (a) IN GENERAL.—Chapter 51 is amended by improve the safety of high risk hazardous tigation, or research carried out under this redesignating section 5127 as section 5128, material carriers and shippers; chapter, the Secretary decides that an un- and by inserting after section 5126 the fol- ‘‘(3) to examine the safety benefits of in- safe condition or practice, or a combination lowing new section: creased monitoring of high risk hazardous of them, causes an emergency situation in- ‘‘§ 5127. Judicial review material carriers, and the costs, benefits, volving a hazard of death, personal injury, or ‘‘(a) FILING AND VENUE.—Except as pro- and procedures of existing State permit pro- significant harm to the environment, the vided in section 20114(c), a person disclosing grams; Secretary may immediately issue or impose a substantial interest in a final order issued, ‘‘(4) to make such recommendations as restrictions, prohibitions, recalls, or out-of- under the authority of section 5122 or 5123, may be appropriate for the improvement of service orders, without notice or the oppor- by the Secretary of Transportation, the Ad- uniformity among existing State permit pro- tunity for a hearing, that may be necessary ministrators of the Research and Special grams; and to abate the situation. Programs Administration, the Federal Avia- ‘‘(5) to assess the potential of advanced ‘‘(2) The Secretary’s action under this sub- tion Administration, or the Federal Highway technologies for improving the assessment of section must be in a written order describing Administration, or the Commandant of the high risk hazardous material carriers’ com- the condition or practice, or combination of United States Coast Guard (‘modal Adminis- pliance with motor carrier safety regula- them, that causes the emergency situation; trator’), with respect to the duties and pow- tions. stating the restrictions, prohibitions, reers designated to be carried out by the Sec- ‘‘(b) TIMEFRAME.—The Secretary shall calls, or out-of-service orders being issued or retary under this chapter, may apply for re- begin the study required by subsection (a) imposed; and prescribing standards and pro- view in the United States Court of Appeals within 6 months after the date of enactment cedures for obtaining relief from the order. for the District of Columbia or in the court of the Intermodal Transportation Safety Act ‘‘(3) After taking action under this sub- of appeals for the United States for the cir- of 1997 and complete it within 30 months after the date of enactment of that Act. section, the Secretary shall provide an op- cuit in which the person resides or has its ‘‘(c) REPORT.—The Secretary shall report portunity for review of that action under principal place of business. The petition section 554 of title 5. the findings of the study required by sub- must be filed not more than 60 days after the section (a), together with such recommenda- ‘‘(4) If a petition for review is filed and the order is issued. The court may allow the pe- review is not completed by the end of the 30- tions as may be appropriate, within 36 tition to be filed after the 60th day only if months after the date of enactment of that day period beginning on the date the petition there are reasonable grounds for not filing was filed, the action will cease to be effec- Act.’’. by the 60th day. (b) SECTION 5109 REGULATIONS TO REFLECT tive at the end of that period unless the Sec- ‘‘(b) JUDICIAL PROCEDURES.—When a peti- STUDY FINDINGS.—Section 5109(h) is amended retary determines in writing that the emer- tion is filed under subsection (a) of this sec- by striking ‘‘not later than November 16, gency situation still exists.’’. tion, the clerk of the court immediately 1991.’’ and inserting ‘‘based upon the findings SEC. 3212. PENALTIES. shall send a copy of the petition to the Sec- of the study required by section 5128(a).’’. (a) IN GENERAL.—Section 5123(a)(1) is retary or the modal Administrator, as appro- (c) CONFORMING AMENDMENT.—The chapter amended by striking the first sentence and priate. The Secretary or the modal Adminis- analysis for chapter 51, as amended by sec- inserting the following: ‘‘A person that trator shall file with the court a record of tion 315, is amended by striking the item re- knowingly violates this chapter or a regula- any proceeding in which the order was lating to section 5128 and inserting the fol- tion, order, special permit, or approval issued, as provided in section 2112 of title 28. lowing:

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1271 ‘‘5128. High risk hazardous material; motor ‘‘6106. Grants to States. ‘‘(1) administrative or civil penalties com- carrier safety study. ‘‘6107. Authorization of appropriations. mensurate with the seriousness of a viola- ‘‘5129. Authorization of appropriations.’’. ‘‘§ 6101. Purposes tion by an excavator or facility owner of a SEC. 3216. AUTHORIZATION OF APPROPRIATIONS. ‘‘The purposes of this chapter are— State one-call notification program; Section 5129, as redesignated, is amended— ‘‘(1) to enhance public safety; ‘‘(2) increased penalties for parties that re- (1) by striking subsection (a) and inserting ‘‘(2) to protect the environment; peatedly damage underground facilities be- the following: ‘‘(3) to minimize risks to excavators; and cause they fail to use one-call notification ‘‘(a) GENERAL.—There are authorized to be ‘‘(4) to prevent disruption of vital public systems or for parties that repeatedly fail to appropriated to the Secretary of Transpor- services, provide timely and accurate marking after the required call has been made to a one-call tation to carry out this chapter (except sec- by reducing the incidence of damage to un- notification system; tions 5107(e), 5108(g)(2), 5113, 5115, and 5116) derground facilities during excavation not more than— through the adoption and efficient imple- ‘‘(3) reduced or waived penalties for a vio- ‘‘(1) $15,492,000 for fiscal year 1998; mentation by all States of State one-call no- lation of a requirement of a State one-call ‘‘(2) $16,000,000 for fiscal year 1999; tification programs that meet the minimum notification program that results in, or ‘‘(3) $16,500,000 for fiscal year 2000; standards set forth under section 6103. could result in, damage that is promptly re- ‘‘(4) $17,000,000 for fiscal year 2001; ported by the violator; ‘‘§ 6102. Definitions ‘‘(5) $17,500,000 for fiscal year 2002; and ‘‘(4) equitable relief; and ‘‘(6) $18,000,000 for fiscal year 2003.’’; and ‘‘For purposes of this chapter: ‘‘(5) citation of violations. ‘‘(1) ONE-CALL NOTIFICATION SYSTEM.—The (2) by striking subsections (c) and (d) and ‘‘§ 6104. Compliance with minimum standards term ‘‘one-call notification system’’ means a inserting the following: EQUIREMENT.—In order to qualify for system operated by an organization that has ‘‘(a) R ‘‘(c) TRAINING CURRICULUM.—Not more a grant under section 6106, each State shall, as 1 of its purposes to receive notification than $200,000 is available to the Secretary of within 2 years after the date of the enact- from excavators of intended excavation in a Transportation from the account established ment of the Intermodal Transportation Safe- specified area in order to disseminate such under section 5116(i) for each of the fiscal ty Act of 1997, submit to the Secretary a years ending September 30, 1999–2003, to notification to underground facility opera- grant application under subsection (b). carry out section 5115. tors that are members of the system so that ‘‘(b) APPLICATION.— ‘‘(d) PLANNING AND TRAINING.— such operators can locate and mark their fa- ‘‘(1) Upon application by a State, the Sec- ‘‘(1) Not more than $2,444,000 is available to cilities in order to prevent damage to under- retary shall review that State’s one-call no- the Secretary of Transportation from the ac- ground facilities in the course of such exca- tification program, including the provisions count established under section 5116(i) for vation. for the implementation of the program and the fiscal year ending September 30, 1998, and ‘‘(2) STATE ONE-CALL NOTIFICATION PRO- the record of compliance and enforcement such sums as may be necessary for fiscal GRAM.—The term ‘‘State one-call notifica- under the program. years 1999–2003, to carry out section 5116(a). tion program’’ means the State statutes, ‘‘(2) Based on the review under paragraph ‘‘(2) Not more than $3,666,000 is available to regulations, orders, judicial decisions, and (1), the Secretary shall determine whether the Secretary of Transportation from the ac- other elements of law and policy in effect in the State’s one-call notification program count established under section 5116(i) for a State that establish the requirements for meets the minimum standards for such a the fiscal year ending September 30, 1998, and the operation of one-call notification sys- program set forth in section 6103 in order to such sums as may be necessary for fiscal tems in such State. qualify for a grant under section 6106. years 1999–2003, to carry out section 5116(b). ‘‘(3) STATE.—The term ‘State’ means a ‘‘(3) In order to expedite compliance under ‘‘(3) Not more than $600,000 is available to State, the District of Columbia, and Puerto this section, the Secretary may consult with the Secretary of Transportation from the ac- Rico. the State as to whether an existing State count established under section 5116(i) for ‘‘(4) SECRETARY.—The term ‘Secretary’ one-call notification program, a specific the fiscal year ending September 30, 1998, and means the Secretary of Transportation. modification thereof, or a proposed State such sums as may be necessary for fiscal ‘‘§ 6103. Minimum standards for State one-call program would result in a positive deter- years 1999–2003, to carry out section 5116(f).’’. notification programs mination under paragraph (2). Subtitle C—Comprehensive One-Call ‘‘(a) MINIMUM STANDARDS.—A State one- ‘‘(4) The Secretary shall prescribe the form Notification call notification program shall, at a min- of, and manner of filing, an application imum, provide for— under this section that shall provide suffi- SEC. 3301. FINDINGS. cient information about a State’s one-call Congress finds that— ‘‘(1) appropriate participation by all under- notification program for the Secretary to (1) unintentional damage to underground ground facility operators; evaluate its overall effectiveness. Such infor- facilities during excavation is a significant ‘‘(2) appropriate participation by all exca- mation may include the nature and reasons cause of disruptions in telecommunications, vators; and for exceptions from required participation, water supply, electric power, and other vital ‘‘(3) flexible and effective enforcement the types of enforcement available, and such public services, such as hospital and air traf- under State law with respect to participa- other information as the Secretary deems fic control operations, and is a leading cause tion in, and use of, one-call notification sys- necessary. of natural gas and hazardous liquid pipeline tems. ‘‘(b) APPROPRIATE PARTICIPATION.—In de- ‘‘(5) The application of a State under para- accidents; termining the appropriate extent of partici- graph (1) and the record of actions of the (2) excavation that is performed without pation required for types of underground fa- Secretary under this section shall be avail- prior notification to an underground facility cilities or excavators under subsection (a), a able to the public. operator or with inaccurate marking of such State shall assess, rank, and take into con- ‘‘(c) ALTERNATIVE PROGRAM.—A State may a facility prior to excavation can cause dam- sideration the risks to the public safety, the maintain an alternative one-call notification age that results in fatalities, serious inju- environment, excavators, and vital public program if that program provides protection ries, harm to the environment and disrup- services associated with— for public safety, the environment, or exca- tion of vital services to the public; and ‘‘(1) damage to types of underground facili- vators that is equivalent to, or greater than, (3) protection of the public and the envi- ties; and protection under a program that meets the ronment from the consequences of under- ‘‘(2) activities of types of excavators. minimum standards set forth in section 6103. ground facility damage caused by exca- ‘‘(c) IMPLEMENTATION.—A State one-call ‘‘(d) REPORT.—Within 3 years after the date vations will be enhanced by a coordinated notification program also shall, at a min- of the enactment of the Intermodal Trans- national effort to improve one-call notifica- imum, provide for— portation Safety Act of 1997, the Secretary tion programs in each State and the effec- ‘‘(1) consideration of the ranking of risks shall begin to include the following informa- tiveness and efficiency of one-call notifica- under subsection (b) in the enforcement of tion in reports submitted under section 60124 tion systems that operate under such pro- its provisions; of this title— grams. ‘‘(2) a reasonable relationship between the ‘‘(1) a description of the extent to which SEC. 3302. ESTABLISHMENT OF ONE-CALL NOTI- benefits of one-call notification and the cost each State has adopted and implemented the FICATION PROGRAMS. of implementing and complying with the re- minimum Federal standards under section (a) IN GENERAL.—Subtitle III is amended quirements of the State one-call notification 6103 or maintains an alternative program by adding at the end thereof the following: program; and under subsection (c); ‘‘CHAPTER 61—ONE-CALL NOTIFICATION ‘‘(3) voluntary participation where the ‘‘(2) an analysis by the Secretary of the PROGRAMS State determines that a type of underground overall effectiveness of the State’s one-call ‘‘Sec. facility or an activity of a type of excavator notification program and the one-call notifi- ‘‘6101. Purposes. poses a de minimis risk to public safety or cation systems operating under such pro- ‘‘6102. Definitions. the environment. gram in achieving the purposes of this chap- ‘‘6103. Minimum standards for State one-call ‘‘(d) PENALTIES.—To the extent the State ter; notification programs. determines appropriate and necessary to ‘‘(3) the impact of the State’s decisions on ‘‘6104. Compliance with minimum standards. achieve the purposes of this chapter, a State the extent of required participation in one- ‘‘6105. Review of one-call system best prac- one-call notification program shall, at a call notification systems on prevention of tices. minimum, provide for— damage to underground facilities; and

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‘‘(4) areas where improvements are needed ‘‘(d) SECRETARIAL DISCRETION.—Prior to (1) by inserting before section 31101 the fol- in one-call notification systems in operation undertaking the study described in sub- lowing: section (a), the Secretary shall determine in the State. ‘‘§ 31100. Purpose The report shall also include any rec- whether timely information described in ‘‘The purposes of this subchapter are— ommendations the Secretary determines ap- subsection (b) is readily available. If the Sec- propriate. If the Secretary determines that retary determines that such information is ‘‘(1) to improve commercial motor vehicle the purposes of this chapter have been sub- readily available, the Secretary is not re- and driver safety; stantially achieved, no further report under quired to carry out the study. ‘‘(2) to facilitate efforts by the Secretary, this section shall be required. ‘‘§ 6106. Grants to States States, and other political jurisdictions, working in partnership, to focus their re- ‘‘§ 6105. Review of one-call system best prac- ‘‘(a) IN GENERAL.—The Secretary may make a grant of financial assistance to a sources on strategic safety investments; tices ‘‘(3) to increase administrative flexibility; ‘‘(a) STUDY OF EXISTING ONE-CALL SYS- State that qualifies under section 6104(b) to assist in improving— ‘‘(4) to improve enforcement activities; TEMS.—Except as provided in subsection (d), ‘‘(5) to invest in activities related to areas the Secretary, in consultation with other ap- ‘‘(1) the overall quality and effectiveness of one-call notification systems in the State; of the greatest crash reduction; propriate Federal agencies, State agencies, ‘‘(6) to identify high risk carriers and driv- one-call notification system operators, un- ‘‘(2) communications systems linking one- call notification systems; ers; and derground facility operators, excavators, and ‘‘(7) to improve information and analysis other interested parties, shall undertake a ‘‘(3) location capabilities, including training personnel and developing and using loca- systems.’’; and study of damage prevention practices associ- (2) by inserting before the item relating to ated with existing one-call notification sys- tion technology; ‘‘(4) record retention and recording capa- section 31101 in the chapter analysis for tems. chapter 311 the following: ‘‘(b) PURPOSE OF STUDY OF DAMAGE PRE- bilities for one-call notification systems; VENTION PRACTICES.—The purpose of the ‘‘(5) public information and education; ‘‘31100. Purposes.’’. study is to assemble information in order to ‘‘(6) participation in one-call notification SEC. 3402. GRANTS TO STATES. systems; or determine which existing one-call notifica- (a) PERFORMANCE-BASED GRANTS.—Section ‘‘(7) compliance and enforcement under the tion systems practices appear to be the most 31102 is amended— State one-call notification program. effective in preventing damage to under- (1) in subsection (a), by inserting ‘‘improv- ‘‘(b) STATE ACTION TAKEN INTO ACCOUNT.— ground facilities and in protecting the pub- ing motor carrier safety and’’ after ‘‘pro- lic, the environment, excavators, and public In making grants under this section the Sec- retary shall take into consideration the com- grams for’’; and service disruption. As part of the study, the (2) in the first sentence of subsection (b)(1), Secretary shall at a minimum consider— mitment of each State to improving its State one-call notification program, includ- by striking ‘‘adopt and assume responsibility ‘‘(1) the methods used by one-call notifica- for enforcing’’ and inserting ‘‘assume respon- tion systems and others to encourage par- ing legislative and regulatory actions taken by the State after the date of enactment of sibility for improving motor carrier safety ticipation by excavators and owners of un- and to adopt and enforce’’. derground facilities; the Intermodal Transportation Safety Act of (b) HAZARDOUS MATERIALS.—Section 31102 ‘‘(2) the methods by which one-call notifi- 1997. ‘‘(c) FUNDING FOR ONE-CALL NOTIFICATION is amended— cation systems promote awareness of their SYSTEMS.—A State may provide funds re- (1) in subsection (a), by inserting a comma programs, including use of public service an- ceived under this section directly to any one- and ‘‘hazardous materials transportation nouncements and educational materials and call notification system in such State that safety,’’ after ‘‘commercial motor vehicle programs; substantially adopts the best practices iden- safety’’; and ‘‘(3) the methods by which one-call notifi- tified under section 6105. (2) in the first sentence of subsection (b), cation systems receive and distribute infor- ‘‘§ 6107. Authorization of appropriations by inserting ‘‘, hazardous materials trans- mation from excavators and underground fa- portation safety,’’ after ‘‘commercial motor ‘‘(a) FOR GRANTS TO STATES.—There are cility owners; vehicle safety’’. ‘‘(4) the use of any performance and service authorized to be appropriated to the Sec- (c) CONTENTS OF STATE PLANS.—Section standards to verify the effectiveness of a retary in fiscal year 1999 no more than 31102(b)(1) is amended— one-call notification system; $1,000,000 and in fiscal year 2000 no more than (1) by redesignating subparagraphs (A) ‘‘(5) the effectiveness and accuracy of map- $5,000,000, to be available until expended, to through (Q) as subparagraphs (B) through ping used by one-call notification systems; provide grants to States under section 6106. (R), respectively; ‘‘(6) the relationship between one-call noti- ‘‘(b) FOR ADMINISTRATION.—There are au- (2) by inserting before subparagraph (B), as fication systems and preventing intentional thorized to be appropriated to the Secretary redesignated, the following: damage to underground facilities; such sums as may be necessary during fiscal ‘‘(A) implements performance-based activi- ‘‘(7) how one-call notification systems ad- years 1998, 1999, and 2000 to carry out sec- ties by fiscal year 2000;’’ dress the need for rapid response to situations 6103, 6104, and 6105. ‘‘(c) GENERAL REVENUE FUNDING.—Any (3) by inserting ‘‘(1)’’ in subparagraph (K), tions where the need to excavate is urgent; sums appropriated under this section shall as redesignated, after ‘‘(c)’’; ‘‘(8) the extent to which accidents occur be derived from general revenues and may (4) by striking subparagraphs (L), (M), and due to errors in marking of underground fa- not be derived from amounts collected under (N) as redesignated, and inserting the fol- cilities, untimely marking or errors in the section 60301 of this title.’’. lowing: excavation process after a one-call notifica- (b) CONFORMING AMENDMENTS.— ‘‘(L) ensures consistent, effective, and rea- tion system has been notified of an exca- (1) The table of chapters for subtitle III is sonable sanctions; vation; amended by adding at the end thereof the ‘‘(M) ensures that the State agency will co- ‘‘(9) the extent to which personnel engaged following: ordinate the plan, data collection, and infor- in marking underground facilities may be ‘‘61. One-Call Notification Program .... 6101’’. mation systems with the State highway safe- endangered; ty programs under title 23; ‘‘(10) the characteristics of damage preven- (2) Chapter 601 is amended— ‘‘(N) ensures participation in SAFETYNET tion programs the Secretary believes could (A) by striking ‘‘sections 60114 and’’ in sec- by all jurisdictions receiving funding;’’; be relevant to the effectiveness of State one- tion 60105(a) of that chapter and inserting (5) in subparagraph (P), as redesignated, by call notification programs; and ‘‘section’’; striking ‘‘activities—’’ and inserting ‘‘activi- ‘‘(11) the effectiveness of penalties and en- (B) by striking section 60114 and the item ties in support of national priorities and per- forcement activities under State one-call no- relating to that section in the table of sec- formance goals including—’’; tification programs in obtaining compliance tions for that chapter; (6) in clause (i) of subparagraph (P), as re- with program requirements. (C) by striking ‘‘60114(c), 60118(a),’’ in sec- designated, by striking ‘‘to remove’’ and in- ‘‘(c) REPORT.—Within 1 year after the date tion 60122(a)(1) of that chapter and inserting of the enactment of the Intermodal Trans- ‘‘60118(a),’’; serting ‘‘activities aimed at removing’’; and portation Safety Act of 1997, the Secretary (D) by striking ‘‘60114(c) or’’ in section (7) in clause (ii) of subparagraph (P), as re- shall publish a report identifying those prac- 60123(a) of that chapter; designated, by striking ‘‘to provide’’ and in- tices of one-call notification systems that (E) by striking ‘‘sections 60107 and serting ‘‘activities aimed at providing’’. are the most and least successful in— 60114(b)’’ in subsections (a) and (b) of section SEC. 3403. FEDERAL SHARE. ‘‘(1) preventing damage to underground fa- 60125 and inserting ‘‘section 60107’’ in each Section 31103 is amended— cilities; and such subsection; and (1) by inserting before ‘‘The Secretary of ‘‘(2) providing effective and efficient serv- (F) by striking subsection (d) of section Transportation’’ the following: ice to excavators and underground facility 60125, and redesignating subsections (e) and ‘‘(a) COMMERCIAL MOTOR VEHICLE SAFETY operators. (f) of that section as subsections (d) and (e), PROGRAMS AND ENFORCEMENT.—’’; The Secretary shall encourage States and respectively. (2) by inserting ‘‘improve commercial operators of one-call notification programs Subtitle D—Motor Carrier Safety motor vehicle safety and’’ in the first sen- to adopt and implement the most successful SEC. 3401. STATEMENT OF PURPOSES. tence before ‘‘enforce’’; and practices identified in the report. Chapter 311 is amended— (3) by adding at the end the following:

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‘‘(b) OTHER ACTIVITIES.—The Secretary and programs to provide the means to de- ance and Registration Information Systems may reimburse State agencies, local govern- velop strategies to address safety problems Management system. ments, or other persons up to 100 percent for and to use data analysis to measure the ef- ‘‘(b) COMMERCIAL MOTOR VEHICLE DRIVER those activities identified in 31104(f)(2).’’. fectiveness of these strategies and related SAFETY PROGRAM.—The Secretary is author- SEC. 3404. AUTHORIZATION OF APPROPRIATIONS. programs; to determine the cost effective- ized to establish a program focusing on im- (a) IN GENERAL.—Section 31104(a) is amend- ness of Federal and State safety compliance, proving commercial motor vehicle driver ed to read as follows: enforcement programs, and other counter- safety. The objectives of the program shall ‘‘(a) IN GENERAL.—Subject to section measures; to evaluate the safety fitness of include— 9503(c)(1) of the Internal Revenue Code of motor carriers and drivers; to identify and ‘‘(1) enhancing the exchange of driver li- 1986, there are available from the Highway collect necessary data; and to adapt, im- censing information among employers, the Trust Fund (except the Mass Transit Ac- prove, and incorporate other information States, the Federal Government, and foreign count) for the Secretary of Transportation and information systems as deemed appro- countries; to incur obligations to carry out section priate by the Secretary. ‘‘(2) providing information to the judicial 31102 of this title, not more than— ‘‘(2) PERFORMANCE AND REGISTRATION IN- system on the commercial motor vehicle ‘‘(1) $80,000,000 for the fiscal year ending FORMATION SYSTEMS MANAGEMENT.— driver licensing program; and September 30, 1998; ‘‘(A) The Secretary shall include, as part of ‘‘(3) evaluating any aspect of driver per- ‘‘(2) $100,000,000 for the fiscal year ending the motor carrier safety information net- formance and safety that the Secretary September 30, 1999; work system of the Department of Transpor- deems appropriate. ‘‘(3) $97,000,000 for the fiscal year ending tation, an information system, to be called ‘‘(c) COOPERATIVE AGREEMENTS, GRANTS, September 30, 2000; the Performance and Registration Informa- AND CONTRACTS.—The Secretary may carry ‘‘(4) $94,000,000 for the fiscal year ending tion Systems Management, to serve as a out this section either independently or in September 30, 2001; clearinghouse and repository of information cooperation with other Federal departments, ‘‘(5) $90,500,000 for the fiscal year ending related to State registration and licensing of agencies, and instrumentalities, or by mak- September 30, 2002; and commercial motor vehicles and the safety ing grants to and entering into contracts and ‘‘(6) $90,500,000 for the fiscal year ending system of the commercial motor vehicle reg- cooperative agreements with States, local- September 30, 2003.’’. istrants or the motor carriers operating the ities, associations, institutions, corporations (b) AVAILABILITY AND REALLOCATION.—Sec- vehicles. The Secretary may include in the (profit or nonprofit) or other persons.’’. tion 31104(b)(2) is amended to read as follows: system information on the safety fitness of SEC. 3406. IMPROVED FLOW OF DRIVER HISTORY ‘‘(2) Amounts made available under section each of the motor carriers and registrants PILOT PROGRAM. 4002(e)(1) and (2) of the Intermodal Surface and other information the Secretary con- The Secretary of Transportation shall Transportation Efficiency Act of 1991 before siders appropriate, including information on carry out a pilot program in cooperation October 1, 1996, that are not obligated on Oc- vehicle, driver, and motor carrier safety per- with 1 or more States to improve upon the tober 1, 1997, are available for obligation formance. timely exchange of pertinent driver perform- under paragraph (1).’’. ‘‘(B) The Secretary shall prescribe tech- ance and safety records data to motor car- (c) ALLOCATION CRITERIA.—Section 31104(f) nical and operational standards to ensure— riers. The program shall— is amended to read as follows: ‘‘(i) uniform, timely and accurate informa- (1) determine to what extent driver per- ‘‘(f) ALLOCATION CRITERIA AND ELIGI- tion collection and reporting by the States formance records data, including relevant BILITY.— necessary to carry out this system; fines, penalties, and failures to appear for a ‘‘(1) On October 1 of each fiscal year or as ‘‘(ii) uniform Federal and State procedures hearing or trial, should be included as part of soon after that date as practicable, the Sec- and policies necessary to operate the Com- any information systems under the Depart- retary, after making the deduction described mercial Vehicle Information System; and ment of Transportation’s oversight; in subsection (e) of this section, shall allo- ‘‘(iii) the availability and reliability of the (2) assess the feasibility, costs, safety im- cate, under criteria the Secretary prescribes information to the States and the Secretary pact, pricing impact, and benefits of record through regulation, the amounts available from the information system. exchanges; and for that fiscal year among the States with ‘‘(C) The system shall link the Federal (3) assess methods for the efficient ex- plans approved under section 31102 of this motor carrier safety systems with State change of driver safety data available from title. driver and commercial vehicle registration existing State information systems and ‘‘(2) The Secretary may designate— and licensing systems, and shall be de- sources. ‘‘(A) not less than 5 percent of such signed— ‘‘(i) to enable a State, when issuing license SEC. 3407. MOTOR CARRIER AND DRIVER SAFETY amounts for activities and projects of na- RESEARCH. tional priority for the improvement of com- plates or throughout the registration period Of the funds made available to carry out mercial motor vehicle safety; and for a commercial motor vehicle, to deter- programs established by the amendments mine, through the use of the information ‘‘(B) not less than 5 percent of such made by title II of the Intermodal Surface system, the safety fitness of the registrant amounts to reimburse States for border com- Transportation Efficiency Act of 1997, no less or motor carrier; mercial motor vehicle safety programs and than $10,000,000 shall be made available for ‘‘(ii) to allow a State to decide, in coopera- enforcement activities and projects. each of fiscal years 1998, 1999, 2000, 2001, 2002, tion with the Secretary, the types of sanc- and 2003 for activities designed to advance The amounts referred to in subparagraph (B) tions that may be imposed on the registrant commercial motor vehicle and driver safety. shall be allocated by the Secretary to State or motor carrier, or the types of conditions Any obligation, contract, cooperative agree- agencies and local governments that use or limitations that may be imposed on the ment, or support granted under this section trained and qualified officers and employees operations of the registrant or motor carrier in excess of $250,000 shall be awarded on a in coordination with State motor vehicle that will ensure the safety fitness of the reg- competitive basis. The Secretary shall sub- safety agencies.’’. istrant or motor carrier; mit annually a report to the Committee on (d) OTHER AMENDMENTS.— ‘‘(iii) to monitor the safety fitness of the Commerce, Science, and Transportation of (1) Section 31104 is amended by striking registrant or motor carrier during the reg- the Senate and the Committee on Transpor- subsection (g) and redesignating subsection istration period; and tation and Infrastructure of the House of (h) as subsection (g). ‘‘(iv) to require the State, as a condition of Representatives on the research activities (2) Section 31104 is amended by striking participation in the system, to implement carried out under this section, including the subsection (i) and redesignating subsection uniform policies, procedures, and standards, amount, purpose, recipient and nature of (j) as subsection (h). and to possess or seek authority to impose each contract, cooperative agreement or SEC. 3405. INFORMATION SYSTEMS AND STRA- commercial motor vehicle registration sanc- award and results of such research activities TEGIC SAFETY INITIATIVES. tions on the basis of a Federal safety fitness carried out under this section, including ben- Section 31106 is amended to read as follows: determination. efits to motor carrier safety.’’. ‘‘§ 31106. Information systems and strategic ‘‘(D) Of the amounts available for expendi- safety initiatives ture under this section, up to 50 percent in SEC. 3408. AUTHORIZATION OF APPROPRIATIONS. ‘‘(a) INFORMATION SYSTEMS.— each of fiscal years 1998, 1999, 2000, 2001, 2002, Section 31107 is amended to read as follows: ‘‘(1) IN GENERAL.—The Secretary is author- and 2003 may be made available to carry out ‘‘§ 31107. Authorization of appropriations for ized to establish motor carrier information this paragraph. The Secretary may authorize information systems and strategic safety systems and data analysis programs to sup- the operation of the information system by initiatives port motor carrier regulatory and enforce- contract, through an agreement with 1 or ‘‘(a) IN GENERAL.—There shall be available ment activities required under this title. In more States, or by designating, after con- from the Highway Trust Fund (other than cooperation with the States, the information sultation with the States, a third party that the Mass Transit Account) for the Secretary systems shall be coordinated into a network represents the interests of the States. Of the to incur obligations to carry out section providing accurate identification of motor amounts made available to carry out this 31106— carriers and drivers, registration and licens- paragraph, the Secretary is encouraged to di- ‘‘(1) $10,000,000 for fiscal year 1998; ing tracking, and motor carrier and driver rect no less than 80 percent to States that ‘‘(2) $12,000,000 for fiscal year 1999; safety performance. The Secretary shall de- have not previously received financial assist- ‘‘(3) $12,000,000 for fiscal year 2000; velop and maintain data analysis capacity ance to develop or implement the Perform- ‘‘(4) $12,000,000 for fiscal year 2001;

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1274 CONGRESSIONAL RECORD — SENATE March 3, 1998 ‘‘(5) $10,000,000 for fiscal year 2002; and (D) by striking subsections (d) and (e), as motor carrier meets the safety fitness re- ‘‘(6) $10,000,000 for fiscal year 2003. redesignated, and inserting the following: quirements. The Secretary may, for good ‘‘(b) AVAILABILITY.—The amounts made ‘‘(d) WRITTEN NOTICE OF DECISIONS.—The cause shown, provide a carrier with up to an available under this subsection shall remain Secretary shall give written notice of the de- additional 60 days to meet the safety fitness available until expended.’’. cision under subsection (b) of this section to requirements. SEC. 3409. CONFORMING AMENDMENTS. the State concerned.’’; and ‘‘(c) RATING REVIEW.—The Secretary shall The chapter analysis for chapter 311 is (E) by redesignating subsections (f) and (g), review the factors that resulted in a motor carrier failing to meet the safety fitness re- amended— as redesignated, as subsections (e) and (f), requirements not later than 45 days after the (1) by striking the heading for subchapter spectively. motor carrier requests a review. I and inserting the following: (2) CONFORMING CHANGES.— (A) The heading of section 31141 of such ‘‘(d) GOVERNMENT USE PROHIBITED.—A de- ‘‘SUBCHAPTER I—STATE GRANTS AND title is amended to read as follows: partment, agency, or instrumentality of the OTHER COMMERCIAL MOTOR VEHICLE United States Government may not use a PROGRAMS’’; ‘‘§ 31141. Preemption of State laws and regu- motor carrier that does not meet the safety lations’’. and fitness requirements. (2) by striking the items relating to sec- (B) The chapter analysis of chapter 311 of ‘‘(e) PUBLIC AVAILABILITY; UPDATING OF tions 31106 and 31107 and inserting the fol- such title is amended by striking the item FITNESS DETERMINATIONS.—The Secretary lowing: relating to section 31141 and inserting the shall amend the motor carrier safety regula- following: tions in subchapter B of chapter III of title ‘‘31106. Information systems and strategic 49, Code of Federal Regulations, to establish safety initiatives. ‘‘31141. Preemption of State laws and regulations.’’. a system to make readily available to the ‘‘31107. Authorization of appropriations for public, and to update periodically, the final information systems and stra- (c) INSPECTION OF VEHICLES.— safety fitness determinations of motor car- tegic safety initiatives.’’. (1) Section 31142 is amended— riers made by the Secretary. SEC. 3410. AUTOMOBILE TRANSPORTER DEFINED. (A) in subsection (a), by striking ‘‘part 393 ‘‘(f) PENALTIES.—The Secretary shall pre- Section 31111(a) is amended— of title 49, Code of Federal Regulations’’ and scribe regulations setting penalties for viola- (1) by redesignating paragraphs (1) and (2) inserting ‘‘regulations issued pursuant to tions of this section consistent with section as paragraphs (2) and (3), respectively; and section 31135 of this title’’; and 521 of this title.’’. (2) by inserting before paragraph (2), as re- (B) by striking subsection (c)(1)(C) and in- (e) SAFETY FITNESS OF PASSENGER AND designated, the following: serting the following: HAZARDOUS MATERIAL CARRIERS.— ‘‘(1) ‘automobile transporter’ means any ‘‘(C) prevent a State from participating in (1) IN GENERAL.—Section 5113 is amended— vehicle combination designed and used spe- the activities of a voluntary group of States (A) by striking subsection (a) and inserting cifically for the transport of assembled high- enforcing a program for inspection of com- the following: way vehicles, including truck camper mercial motor vehicles; or’’. ‘‘(a) PROHIBITED TRANSPORTATION.— units.’’. (2) Subchapter IV of chapter 311 is amend- ‘‘(1) A motor carrier that fails to meet the ed— safety fitness requirements established SEC. 3411. REPEAL OF REVIEW PANEL; REVIEW under subsection 31144(a) of this title may PROCEDURE. (A) by striking sections 31161 and 31162; and (B) by striking the items relating to sec- not operate a commercial motor vehicle (as (a) REPEAL.—Subchapter III of chapter 311 defined in section 31132 of this title)— is amended— tions 31161 and 31162 in the chapter analysis for that chapter. ‘‘(A) to transport hazardous material for (1) by striking sections 31134 and 31140; and which placarding of a motor vehicle is re- (2) by striking the items relating to sec- (3) Section 31102(b)(1), as amended by section 3402(c)(1), is amended— quired under regulations prescribed under tions 31134 and 31140 in the chapter analysis this chapter; or for that chapter. (A) by striking ‘‘and’’ at the end of subparagraph (Q); ‘‘(B) to transport more than 15 individuals. (b) REVIEW PROCEDURE.— (B) by striking ‘‘thereunder.’’ in subpara- ‘‘(2) The prohibition in paragraph (1) of (1) IN GENERAL.—Section 31141 is amended— this subsection applies beginning on the 46th (A) by striking subsection (b) and redesig- graph (R) and inserting ‘‘thereunder; and’’; and day after the date on which the Secretary nating subsections (c), (d), (e), (f), (g), and (h) determines that a motor carrier fails to meet as subsections (b), (c), (d), (e), (f), and (g), re- (C) by adding at the end thereof the following: the safety fitness requirements and applies spectively; until the motor carrier meets the safety fit- (B) by striking so much of subsection (b), ‘‘(S) provides that the State will establish a program (i) to ensure the proper and time- ness requirements.’’; as redesignated, as precedes paragraph (2) (B) by striking ‘‘RATING’’ in the heading of and inserting the following: ly correction of commercial motor vehicle safety violations noted during an inspection subsection (b) and inserting ‘‘FITNESS’’; ‘‘(b) REVIEW AND DECISIONS BY THE SEC- carried out with funds authorized under sec- (C) by striking ‘‘receiving an unsatisfac- RETARY.— tory rating’’ in subsection (b) and inserting ‘‘(1) The Secretary shall review the laws tion 31104 of this title; and (ii) to ensure that information is exchanged among the States ‘‘failing to meet the safety fitness require- and regulations on commercial motor vehi- ments’’; cle safety in effect in each State, and de- in a timely manner.’’. (d) SAFETY FITNESS OF OWNERS AND OPERA- (D) by striking ‘‘has an unsatisfactory rat- cide— ing from the Secretary’’ in subsection (c) and ‘‘(A) whether the State law or regulation— TORS.—Section 31144 is amended to read as follows: inserting ‘‘failed to meet the safety fitness ‘‘(i) has the same effect as a regulation pre- requirements’’; and ‘‘§ 31144. Safety fitness of owners and opera- scribed by the Secretary under section 31136 (E) by striking ‘‘RATINGS’’ in the heading tors of this title; of subsection (d) and inserting ‘‘FITNESS DE- ‘‘(ii) is less stringent than that regulation; ‘‘(a) PROCEDURE.—The Secretary of Trans- TERMINATIONS’’; or portation shall maintain in regulation a pro- (F) by striking ‘‘, in consultation with the ‘‘(iii) is additional to or more stringent cedure for determining the safety fitness of Interstate Commerce Commission,’’ in sub- than that regulation; and owners and operators of commercial motor section (d); and ‘‘(B) for each State law or regulation which vehicles, including persons seeking new or (G) by striking ‘‘ratings of motor carriers is additional to or more stringent than the additional operating authority as motor car- that have unsatisfactory ratings from’’ in regulation prescribed by the Secretary, riers under section 13902 of this title. The subsection (d) and inserting ‘‘fitness deter- whether— procedure shall include— minations of motor carriers made by’’. ‘‘(i) the State law or regulation has no ‘‘(1) specific initial and continuing require- (2) CONFORMING AMENDMENTS.— safety benefit; ments to be met by the owners, operators, (A) The heading of section 5113 of such ‘‘(ii) the State law or regulation is incom- and other persons to demonstrate safety fit- chapter is amended to read as follows: patible with the regulation prescribed by the ness; ‘‘§ 5113. Safety fitness of passenger and haz- Secretary under section 31136 of this title; or ‘‘(2) a means of deciding whether the own- ardous material carriers’’. ‘‘(iii) enforcement of the State law or regu- ers, operators, or other persons meet the lation would cause an unreasonable burden safety requirements under paragraph (1); and (B) The chapter analysis for chapter 51 is on interstate commerce.’’; ‘‘(3) specific time deadlines for action by amended by striking the item relating to (C) by striking paragraph (5) of subsection the Secretary in making fitness decisions. section 5113 and inserting the following: (b)(5), as redesignated, and inserting the fol- ‘‘(b) PROHIBITED TRANSPORTATION.—Except ‘‘5113. Safety fitness of passenger and haz- lowing: as provided in sections 521(b)(5)(A) and 5113, ardous material carriers.’’. ‘‘(5) In deciding under paragraph (4) of this a motor carrier that fails to meet the safety (f) DEFINITIONS.— subsection whether a State law or regulation fitness requirements established under sub- (1) Section 31101(1) is amended— will cause an unreasonable burden on intersection (a) may not operate in interstate (A) in subparagraph (A)— state commerce, the Secretary may consider commerce beginning on the 61st day after (i) by inserting ‘‘or gross vehicle weight, the effect on interstate commerce of imple- the date of the determination by the Sec- whichever is greater,’’ after ‘‘rating’’; and mentation of all similar laws and regulations retary that the motor carrier fails to meet (ii) by striking ‘‘10,000’’ and inserting of other States.’’; the safety fitness requirements and until the ‘‘10,001’’;

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1275 (B) in subparagraph (B), by striking ‘‘driv- (2) by striking subsections (b) and (c) and their insurers, not directly involved in for- er; or’’ and inserting ‘‘driver, or a smaller redesignating subsections (d), (e), and (f) as warding the records or deciding whether to number of passengers including the driver as subsections (b), (c), and (d), respectively; hire that individual; and determined under regulations implementing (3) by striking ‘‘Not later than December ‘‘(C) the motor carrier requesting the safe- sections 31132(1)(B) or 31301(4)(B)’’; 31, 1990, the’’ in paragraph (2) of subsection ty performance records has used those (C) in subparagraph (C), by inserting ‘‘and (b), as redesignated, and inserting ‘‘The’’; records only to assess the safety perform- transported in a quantity requiring and ance of the individual who is the subject of placarding under regulations prescribed by (4) in subsection (c), as redesignated— those records in deciding whether to hire the Secretary under section 5103’’ after (A) by inserting after the heading the fol- that individual. ‘‘title’’. lowing: ‘‘Information about a driver in the ‘‘(2) Subsection (a) does not apply to per- (2) Section 31132 is amended— information system may be made available sons who knowingly furnish false informa- (A) in paragraph (1)(A), by inserting ‘‘or under the following circumstances:’’; and tion. gross vehicle weight, whichever is greater,’’ (B) by starting a new paragraph with ‘‘(1) ‘‘(c) PREEMPTION OF STATE AND LOCAL after ‘‘rating’’; and On request’’ and indenting the paragraph 2 LAW.—No State or political subdivision (B) by adding at the end of paragraph (3) ems from the lefthand margin. thereof may enact, prescribe, issue, continue the following: (d) REQUIREMENTS FOR STATE PARTICIPA- in effect, or enforce any law (including any ‘‘For purposes of this paragraph, the term TION.—Section 31311(a) is amended— regulation, standard, or other provision hav- ‘business affecting interstate commerce’ (1) by striking ‘‘31310(b)-(e)’’ in paragraph ing the force and effect of law) that pro- means a business predominantly engaged in (15) and inserting ‘‘31310 (b)-(e), and (g)(1)(A) hibits, penalizes, or imposes liability for fur- employing commercial motor vehicles in and (2)’’; nishing or using safety performance records interstate commerce and includes all oper- (2) by striking paragraph (17); and in accordance with regulations issued by the ations of the business in intrastate com- (3) by redesignating paragraph (18) as para- Secretary. Notwithstanding any provision of merce which use vehicles otherwise defined graph (17). law, written authorization shall not be re- as commercial motor vehicles under para- (e) WITHHOLDING AMOUNTS FOR STATE NON- quired to obtain information on the motor graph (1) of this section.’’. COMPLIANCE.—Section 31314 is amended— vehicle driving record of an individual under (g) EMPLOYEE PROTECTIONS.—Not later (1) in subsection (a), by striking ‘‘, (2), (5), consideration for employment with a motor than 2 years after the date of enactment of and (6)’’ and inserting ‘‘(3), and (5)’’; carrier.’’. this Act, the Secretary of Transportation, in (2) in subsections (a) and (b), by striking (2) CONFORMING AMENDMENT.—The chapter conjunction with the Secretary of Labor, ‘‘1992’’ each place it appears and inserting analysis for chapter 5 is amended by insert- shall report to the Committee on Commerce, ‘‘1995’’; ing after the item relating to section 507 the Science, and Transportation of the Senate (3) in subsection (c), by striking paragraph following: and the Committee on Transportation and (1); ‘‘508. Safety performance history of new driv- Infrastructure of the House of Representa- (4) in subsection (c)(2), by striking ‘‘(2)’’; ers; limitation on liability.’’. tives on the effectiveness of existing statu- (5) by striking subsection (d); and SEC. 3413. PENALTIES. (6) by redesignating subsection (e) as sub- tory employee protections provided for under (a) NOTIFICATION OF VIOLATIONS AND EN- section (d). section 31105 of title 49, United States Code. FORCEMENT PROCEDURES.—Section 521(b)(1) is The report shall include recommendations to (f) COMMERCIAL MOTOR VEHICLE DEFINED.— amended— address any statutory changes as may be Section 31301 is amended— (1) by inserting: ‘‘with the exception of re- necessary to strengthen the enforcement of (1) in paragraph (4)(A), by inserting ‘‘or porting and recordkeeping violations,’’ in such employee protection provisions. gross vehicle weight, whichever is greater,’’ the first sentence of subparagraph (A) after (h) INSPECTIONS AND REPORTS.— after ‘‘rating’’ each place it appears; and ‘‘under any of those provisions,’’; (1) GENERAL POWERS OF THE SECRETARY.— (2) in paragraph (4)(C)(ii), by inserting ‘‘is’’ (2) by striking ‘‘fix a reasonable time for Section 31133(a)(1) is amended by inserting before ‘‘transporting’’ each place it appears abatement of the violation,’’ in the third ‘‘and make contracts for’’ after ‘‘conduct’’. and before ‘‘not otherwise’’. sentence of subparagraph (A); (g) SAFETY PERFORMANCE HISTORY OF NEW (2) REPORTS AND RECORDS.—Section 504(c) (3) by striking ‘‘(A)’’ in subparagraph (A); DRIVERS; LIMITATION ON LIABILITY.— is amended by inserting ‘‘(and, in the case of and (1) IN GENERAL.—Chapter 5 is amended by a motor carrier, a contractor)’’ before the (4) by striking subparagraph (B). second comma. adding at the end the following: (b) CIVIL PENALTIES.—Section 521(b)(2) is SEC. 3412. COMMERCIAL MOTOR VEHICLE OPER- ‘‘§ 508. Safety performance history of new amended— ATORS. drivers; limitation on liability (1) by striking subparagraph (A) and in- (a) REPEAL OF OBSOLETE GRANT PRO- ‘‘(a) LIMITATION ON LIABILITY.—No action serting the following: GRAMS.—Chapter 313 is amended— or proceeding for defamation, invasion of ‘‘(A) IN GENERAL.—Except as otherwise pro- (1) by striking sections 31312 and 31313; and privacy, or interference with a contract that vided in this subsection, any person who is (2) by striking the items relating to sec- is based on the furnishing or use of safety determined by the Secretary, after notice tions 31312 and 31313 in the chapter analysis performance records in accordance with reg- and opportunity for a hearing, to have com- for that chapter. ulations issued by the Secretary may be mitted an act that is a violation of regula- (b) COMMERCIAL DRIVER’S LICENSE REQUIRE- brought against— tions issued by the Secretary under sub- MENT.— ‘‘(1) a motor carrier requesting the safety chapter III of chapter 311 (except sections (1) IN GENERAL.—Section 31302 is amended to read as follows: performance records of an individual under 31137 and 31138) or section 31502 of this title consideration for employment as a commer- shall be liable to the United States for a civil ‘‘§ 31302. Commercial driver’s license require- cial motor vehicle driver as required by and penalty in an amount not to exceed $10,000 ment in accordance with regulations issued by the for each offense. Notwithstanding any other ‘‘No individual shall operate a commercial Secretary; provision of this section (except subpara- motor vehicle without a commercial driver’s ‘‘(2) a person who has complied with such a graph (C)), no civil penalty shall be assessed license issued according to section 31308 of request; or under this section against an employee for a this title.’’. ‘‘(3) the agents or insurers of a person de- violation in an amount exceeding $2,500.’’; (2) CONFORMING AMENDMENTS.— scribed in paragraph (1) or (2). (2) by redesignating subparagraphs (B) and (A) The chapter analysis for that chapter ‘‘(b) RESTRICTIONS.— (C) as subparagraphs (C) and (D), respec- is amended by striking the item relating to ‘‘(1) Subsection (a) does not apply unless— tively; and section 31302 and inserting the following: ‘‘(A) the motor carrier requesting the safe- (3) by inserting after subparagraph (A) the ‘‘31302. Commercial driver’s license require- ty performance records at issue, the person following: ment.’’. complying with such a request, and their ‘‘(B) RECORDKEEPING AND REPORTING VIOLA- (B) Section 31305(a) is amended by redesig- agents have taken all precautions reasonably TIONS.— nating paragraphs (2) through (8) as para- necessary to ensure the accuracy of the ‘‘(i) A person required to make a report to graphs (3) through (9), respectively, and by records and have fully complied with the reg- the Secretary, answer a question, or make, inserting after paragraph (1) the following: ulations issued by the Secretary in using and prepare, or preserve a record under section ‘‘(2) may establish performance-based test- furnishing the records, including the require- 504 of this title or under any regulation ing and licensing standards that more accu- ment that the individual who is the subject issued by the Secretary pursuant to sub- rately measure and reflect an individual’s of the records be afforded a reasonable oppor- chapter III of chapter 311 (except sections knowledge and skills as an operator;’’. tunity to review and comment on the 31137 and 31138) or section 31502 of this title (c) COMMERCIAL DRIVER’S LICENSE INFOR- records; about transportation by motor carrier, MATION SYSTEM.—Section 31309 is amended— ‘‘(B) the motor carrier requesting the safe- motor carrier of migrant workers, or motor (1) in subsection (a), by striking ‘‘make an ty performance records, the person com- private carrier, or an officer, agent, or em- agreement under subsection (b) of this sec- plying with such a request, their agents, and ployee of that person, who— tion for the operation of, or establish under their insurers, have taken all precautions ‘‘(I) does not make that report; subsection (c) of this section,’’ and inserting reasonably necessary to protect the records ‘‘(II) does not specifically, completely, and ‘‘maintain’’; from disclosure to any person, except for truthfully answer that question in 30 days

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1276 CONGRESSIONAL RECORD — SENATE March 3, 1998 from the date the Secretary requires the ‘‘(ii) more than 15 passengers, including SEC. 3420. COMMERCIAL MOTOR VEHICLE SAFE- question to be answered; or the driver, and not used to transport pas- TY ADVISORY COMMITTEE. ‘‘(III) does not make, prepare, or preserve sengers for compensation; or’’. (a) ESTABLISHMENT.—The Secretary of that record in the form and manner pre- (c) APPLICATION OF REGULATIONS TO CER- Transportation may establish a Commercial scribed by the Secretary, TAIN OPERATORS.— Motor Vehicle Safety Advisory Committee to provide advice and recommendations on a shall be liable to the United States for a civil (1) Chapter 313 is amended by adding at the end the following: range of regulatory issues. The members of penalty in an amount not to exceed $500 for the advisory committee shall be appointed each offense, and each day of the violation ‘‘§ 31318. Application of regulations to certain operators by the Secretary from among individuals af- shall constitute a separate offense, except fected by rulemakings under consideration ‘‘Effective 12 months after the date of en- that the total of all civil penalties assessed by the Department of Transportation. actment of the Intermodal Transportation against any violator for all offenses related (b) FUNCTION.—The Advisory Committee to any single violation shall not exceed Safety Act of 1997, regulations prescribed established under subsection (a) shall pro- $5,000. under this chapter shall apply to operators vide advice to the Secretary on commercial ‘‘(ii) Any such person, or an officer, agent, of commercial motor vehicles described in motor vehicle safety regulations and safety section 31301(4)(B) to the extent that those or employee of that person, who— review procedures and findings, and may as- regulations did not apply to those operators ‘‘(I) knowingly falsifies, destroys, muti- sist the Secretary in timely completion of before the day that is 1 year after such date lates, or changes a required report or record; ongoing rulemakings by utilizing negotiated of enactment, except to the extent that the ‘‘(II) knowingly files a false report with the rulemaking procedures. Secretary; Secretary determines, after notice and opportunity for public comment, that it is ap- SEC. 3421. WAIVERS; EXEMPTIONS; PILOT PRO- ‘‘(III) knowingly makes or causes or per- GRAMS. propriate to exempt such operators of commits to be made a false or incomplete entry (a) WAIVERS, EXEMPTIONS, AND PILOT PRO- mercial motor vehicles from the application in that record about an operation or business GRAMS FOR CHAPTERS 311 AND 315.—Section of those regulations.’’. fact or transaction; or 31136(e) is amended— (2) The analysis for chapter 313 is amended ‘‘(IV) knowingly makes, prepares, or pre- (1) by redesignating paragraphs (2) and (3) by adding at the end the following: serves a record in violation of a regulation or as paragraphs (5) and (6), respectively; and order of the Secretary, ‘‘31318. Application of regulations to certain (2) by striking the subsection heading and operators.’’. shall be liable to the United States for a civil paragraph (1) and inserting the following: penalty in an amount not to exceed $5,000 for (d) DEADLINE FOR CERTAIN DEFINITIONAL ‘‘(e) WAIVERS, EXEMPTIONS, AND PILOT PRO- each violation, provided that any such ac- REGULATIONS.—The Secretary shall issue GRAMS.— tion can be shown to have misrepresented a regulations implementing the definition of ‘‘(1) IN GENERAL.—The Secretary shall, by fact that constitutes a violation other than commercial motor vehicles under section regulation promulgated after notice and an 31132(1)(B) and section 31301(4)(B) of title 49, a reporting or recordkeeping violation.’’. opportunity for public comment and within United States Code, as amended by this Act 180 days after the date of enactment of the SEC. 3414. INTERNATIONAL REGISTRATION PLAN within 12 months after the date of enactment AND INTERNATIONAL FUEL TAX Intermodal Transportation Safety Act of AGREEMENT. of this Act. 1997, establish procedures by which waivers, Chapter 317 is amended— SEC. 3417. AUTHORITY OVER CHARTER BUS exemptions, and pilot programs under this (1) by striking sections 31702, 31703, and TRANSPORTATION. section may be initiated. The regulation 31708; and Section 14501(a) is amended— shall provide— (2) by striking the items relating to sec- (1) by striking ‘‘route or relating’’ and in- ‘‘(A) a process for the issuance of waivers tions 31702, 31703, and 31708 in the chapter serting ‘‘route;’’; and or exemptions from any part of a regulation analysis for that chapter. (2) by striking ‘‘required.’’ and inserting prescribed under this subchapter or chapter ‘‘required; or to the authority to provide SEC. 3415. STUDY OF ADEQUACY OF PARKING FA- 315; and CILITIES. intrastate or interstate charter bus trans- ‘‘(B) procedures for the conduct of pilot The Secretary shall conduct studies to deportation.’’. projects or demonstration programs to sup- termine the location and quantity of parking SEC. 3418. FEDERAL MOTOR CARRIER SAFETY IN- port the appropriateness of regulations, en- facilities at commercial truck stops and VESTIGATIONS. forcement policies, waivers, or exemptions travel plazas and public rest areas that could The Department of Transportation shall under this section. maintain the level of Federal motor carrier be used by motor carriers to comply with ‘‘(2) WAIVERS.—The Secretary may grant a safety investigators for international border Federal hours-of-service rules. Each study waiver that relieves a person from compli- commercial vehicle inspections as in effect shall include an inventory of current facili- ance in whole or in part with a regulation on September 30, 1997, or provide for alter- ties serving corridors of the National High- issued under this subchapter or chapter 315 if native resources and mechanisms to ensure way System, analyze where specific short- the Secretary determines that it is in the an equivalent level of commercial motor ve- ages exist or are projected to exist, and pro- public interest to grant the waiver and that hicle safety inspections. Such funds as are pose a specific plan to reduce the shortages. the waiver is likely to achieve a level of safe- The studies may be carried out in coopera- necessary to carry out this section shall be made available within the limitation on gen- ty that is equivalent to, or greater than, the tion with research entities representing the level of safety that would be obtained in the motor carrier and travel plaza industry. The eral operating expenses of the Department of Transportation. absence of the waiver— studies shall be completed not later than 36 ‘‘(A) for a period not in excess of 3 months; SEC. 3419. FOREIGN MOTOR CARRIER SAFETY months after the date of enactment of this ‘‘(B) limited in scope and circumstances; Act. FITNESS. (a) IN GENERAL.—No later than 90 days ‘‘(C) for nonemergency and unique events; SEC. 3416. APPLICATION OF REGULATIONS. and (a) APPLICATION OF REGULATIONS TO CER- after enactment of this Act, the Secretary of Transportation shall make a determination ‘‘(D) subject to such conditions as the Sec- TAIN COMMERCIAL MOTOR VEHICLES.—Section retary may impose. 31135 as redesignated, is amended by adding regarding the willingness and ability of any ‘‘(3) EXEMPTIONS.—The Secretary may at the end the following: foreign motor carrier, the application for grant an exemption in whole or in part from ‘‘(g) APPLICATION TO CERTAIN VEHICLES.— which has not been processed due to the mor- Effective 12 months after the date of enact- atorium on the granting of authority to for- a regulation issued under this subchapter or ment of the Intermodal Transportation Safe- eign carriers to operate in the United States, chapter 315 to a class of persons, vehicles, or ty Act of 1997, regulations prescribed under to meet the safety fitness and other regu- circumstances if the Secretary determines, this section shall apply to operators of com- latory requirements under this title. after notice and opportunity for public commercial motor vehicles described in section (b) REPORT.—Not later than 120 days after ment, that it is in the public interest to 31132(1)(B) to the extent that those regula- the date of enactment this Act, the Sec- grant the exemption and that the exemption tions did not apply to those operators before retary of Transportation shall submit a reis likely to achieve a level of safety that is the day that is 12 months after such date of port to the Committee on Commerce, equivalent to, or greater than, the level of enactment, except to the extent that the Science, and Transportation of the Senate safety that would be obtained in the absence Secretary determines, through a rulemaking and the Committee on Transportation and of the exemption. An exemption granted proceeding, that it is appropriate to exempt Infrastructure of the House of Representa- under this paragraph shall be in effect for a such operations of commercial motor vehi- tives on the application of section 13902(c)(9) period of not more than 2 years, but may be cles from the application of those regula- of title 49, United States Code. The report renewed by the Secretary after notice and tions.’’. shall include— opportunity for public comment if the Sec- (b) DEFINITION.—Section 31301(4)(B) is (1) any findings made by the Secretary retary determines, based on the safety im- amended to read as follows: under subsection (a); pact and results of the first 2 years of an ex- ‘‘(B) is designed or used to transport— (2) information on which carriers have ap- emption, that the extension is in the public ‘‘(i) passengers for compensation, but does plied to the Department of Transportation interest and that the extension of the exemp- not include a vehicle providing taxicab serv- under that section; and tion is likely to achieve a level of safety that ice and having a capacity of not more than (3) a description of the process utilized to is equivalent to, or greater than, the level of 6 passengers and not operated on a regular respond to such applications and to certify safety that would be obtained in the absence route or between specified places; or the safety fitness of those carriers. of the extension.

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‘‘(4) PILOT PROGRAMS.— shall be in effect for a period of not more during fiscal years 1996 and 1997 agrees to ‘‘(A) IN GENERAL.—In carrying out this sec- than 2 years, but may be renewed by the Sec- enter into a cooperative agreement with the tion, the Secretary is authorized to carry retary after notice and opportunity for pub- Secretary to evaluate the safety impact, out pilot programs to examine innovative lic comment if the Secretary determines, costs, and benefits of allowing such State to approaches or alternatives to regulations based on the safety impact and results of the continue to participate fully in the Motor issued under this chapter or chapter 315. first 2 years of an exemption, that the exten- Carrier Safety Assistance Program, then the ‘‘(B) REQUIREMENT FOR APPROVAL.—In car- sion is in the public interest and that the ex- Secretary of Transportation shall allocate to rying out a pilot project under this para- tension of the exemption is likely to achieve that State the full amount of funds to which graph, the Secretary shall require, as a con- a level of safety that is equivalent to, or it would otherwise be entitled for fiscal dition of approval of the project, that the greater than, the level of safety that would years 1998, 1999, 2000, 2001, 2002, and 2003. The safety measures in the project are designed be obtained in the absence of the extension. Secretary may not add conditions to the co- to achieve a level of safety that is equivalent ‘‘(4) PILOT PROGRAMS.— operative agreement other than those di- to, or greater than, the level of safety that ‘‘(A) IN GENERAL.—In carrying out this sec- rectly relating to the accurate and timely would otherwise be achieved through compli- tion, the Secretary is authorized to carry collection of inspection and crash data suffi- ance with the standards prescribed under out pilot programs to examine innovative cient to ascertain the safety and effective- this subchapter or chapter 315. approaches or alternatives to regulations ness of such State’s program. ‘‘(C) EXEMPTIONS.—A pilot project under issued under this chapter. (b) REQUIREMENTS.— this paragraph— ‘‘(B) REQUIREMENT FOR APPROVAL.—In car- (1) REPORT.—The State shall submit to the ‘‘(i) may exempt a motor carrier under the rying out a pilot project under this para- Secretary each year the results of such safe- project from any requirement (or portion graph, the Secretary shall require, as a con- ty evaluations. thereof) imposed under this subchapter or dition of approval of the project, that the (2) TERMINATION BY SECRETARY.—If the Sec- chapter 315; and safety measures in the project are designed retary finds such an agreement not in the ‘‘(ii) shall preempt any State or local regu- to achieve a level of safety that is equivalent public interest based on the results of such lation that conflicts with the pilot project to, or greater than, the level of safety that evaluations after 2 years of full participa- during the time the pilot project is in effect. would otherwise be achieved through compli- tion, the Secretary may terminate the agree- ‘‘(D) REVOCATION OF EXEMPTION.—The Sec- ance with the standards prescribed under ment entered into under this section. retary shall revoke an exemption granted this chapter. (c) PROHIBITION OF ADOPTION OF LESSER under subparagraph (C) if— ‘‘(C) EXEMPTIONS.—A pilot project under STANDARDS.—No State may enact or imple- ‘‘(i) the motor carrier to which it applies this paragraph— ment motor carrier safety regulations that fails to comply with the terms and condi- ‘‘(i) may exempt a motor carrier under the are determined by the Secretary to be less tions of the exemption; or project from any requirement (or portion strict than those in effect as of September ‘‘(ii) the Secretary determines that the ex- thereof) imposed under this chapter; and 30, 1997. emption has resulted in a lower level of safe- ‘‘(ii) shall preempt any State or local regu- ty than was maintained before the exemp- SEC. 3424. EXEMPTION FROM CERTAIN REGULA- lation that conflicts with the pilot project TIONS FOR UTILITY SERVICE COM- tion was granted.’’. during the time the pilot project is in effect. MERCIAL MOTOR VEHICLE DRIVERS. (b) WAIVERS, EXEMPTIONS, AND PILOT PRO- ‘‘(D) REVOCATION OF EXEMPTION.—The Sec- (a) IN GENERAL.—Section 31502 is amended GRAMS FOR CHAPTER 313.—Section 31315 is amended— retary shall revoke an exemption granted by adding at the end the following new sub- under subparagraph (C) if— section: (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘After notice’’; and ‘‘(i) the motor carrier to which it applies ‘‘(e) EXCEPTION.— (2) by adding at the end the following: fails to comply with the terms and condi- ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(b) WAIVERS, EXEMPTIONS, AND PILOT PRO- tions of the exemption; or other provision of law, regulations promul- GRAMS.— ‘‘(ii) the Secretary determines that the ex- gated under this section or section 31136 re- ‘‘(1) IN GENERAL.—The Secretary shall, by emption has resulted in a lower level of safe- garding— regulation promulgated after notice and an ty than was maintained before the exemp- ‘‘(A) maximum driving and on-duty times opportunity for public comment and within tion was granted.’’. applicable to operators of commercial motor 180 days after the date of enactment of the SEC. 3422. COMMERCIAL MOTOR VEHICLE SAFE- vehicles; Intermodal Transportation Safety Act of TY STUDIES. ‘‘(B) physical testing, reporting, or record- 1997, establish procedures by which waivers, (a) IN GENERAL.—The Secretary shall con- keeping; and exemptions, and pilot programs under this duct a study of the impact on safety and in- ‘‘(C) the installation of automatic record- section may be initiated. The regulation frastructure of tandem axle commercial ing devices associated with establishing the shall provide— motor vehicle operations in States that per- maximum driving and on-duty times referred ‘‘(A) a process for the issuance of waivers mit the operation of such vehicles in excess to in subparagraph (A), or exemptions from any part of a regulation of the weight limits established by section shall not apply to any driver of a utility prescribed under this chapter; and 127 of title 23, United States Code. service vehicle. ‘‘(B) procedures for the conduct of pilot (b) COOPERATIVE AGREEMENTS WITH ‘‘(2) DEFINITIONS.—For purposes of this sub- projects or demonstration programs to sup- STATES.—The Secretary shall enter into co- section— port the appropriateness of regulations, en- operative agreements with States described ‘‘(A) DRIVER OF A UTILITY SERVICE VEHI- forcement policies, or exemptions under this in subsection (a) under which the States par- CLE.—The term ‘driver of a utility service ve- section. ticipate in the collection of weight-in-mo- hicle’ means any driver who is considered to ‘‘(2) WAIVERS.—The Secretary may grant a tion data necessary to achieve the purpose of be a driver of a utility service vehicle for waiver that relieves a person from compli- the study. If the Secretary determines that purposes of section 345(a)(4) of the National ance in whole or in part with a regulation additional weight-in-motion sites, on or off Highway System Designation Act of 1995 (49 issued under this chapter if the Secretary de- the Dwight D. Eisenhower System of Inter- U.S.C. 31136 note). termines that it is in the public interest to state and Defense Highways, are necessary ‘‘(B) UTILITY SERVICE VEHICLE.—The term grant the waiver and that the waiver is like- to carry out the study, and requests assist- ‘utility service vehicle’ has the meaning ly to achieve a level of safety that is equiva- ance from the States in choosing appropriate given that term in section 345(e)(6) of the Na- lent to, or greater than, the level of safety locations, the States shall identify the in- tional Highway System Designation Act of that would be obtained in the absence of the dustries or transportation companies oper- 1995 (49 U.S.C. 31136 note).’’. waiver— ating within their borders that regularly uti- (b) CONTINUED APPLICATION OF SAFETY AND ‘‘(A) for a period not in excess of 3 months; lize the 35,000-pound tandem axle. MAINTENANCE REQUIREMENTS.— ‘‘(B) limited in scope and circumstances; (c) REPORT.—Not later than 2 years after (1) IN GENERAL.—The amendment made by ‘‘(C) for nonemergency and unique events; the date of enactment of this Act, the Sec- subsection (a) may not be construed— and retary shall transmit to Congress a report on (A) to exempt any utility service vehicle ‘‘(D) subject to such conditions as the Sec- the results of the study, together with any from compliance with any applicable provi- retary may impose. related legislative or administrative rec- sion of law relating to vehicle mechanical ‘‘(3) EXEMPTIONS.—The Secretary may ommendations. Until the Secretary trans- safety, maintenance requirements, or inspec- grant an exemption in whole or in part from mits the report to Congress, the Secretary tions; or a regulation issued under this chapter to a may not withhold funds under section 104 of (B) to exempt any driver of a utility serv- class of persons, vehicles, or circumstances if title 23, United States Code, from any State ice vehicle from any applicable provision of the Secretary determines, after notice and for violation of the grandfathered tandem law (including any regulation) established opportunity for public comment, that it is in axle weight limits under section 127 of that for the issuance, maintenance, or periodic the public interest to grant the exemption title. renewal of a commercial driver’s license for and that the exemption is likely to achieve SEC. 3423. INCREASED MCSAP PARTICIPATION that driver. a level of safety that is equivalent to, or IMPACT STUDY. (2) DEFINITIONS.—For purposes of this sub- greater than, the level of safety that would (a) IN GENERAL.—If a State that did not re- section— be obtained in the absence of the exemption. ceive its full allocation of funding under the (A) COMMERCIAL DRIVER’S LICENSE.—The An exemption granted under this paragraph Motor Carrier Safety Assistance Program term ‘‘commercial driver’s license’’ has the

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meaning given that term in section 31301(3) ‘‘(f) AGRICULTURAL PRODUCTION MATERIAL tempt being made or to be made, to do any of title 49, United States Code. DEFINED.—In this section, the term ‘agricul- act that would be a crime prohibited by this (B) DRIVER OF A UTILITY SERVICE VEHICLE.— tural production material’ means— subsection; or The term ‘‘driver of a utility service vehi- ‘‘(1) ammonium nitrate fertilizer in a quan- ‘‘(9) attempts, threatens, or conspires to do cle’’ has the meaning given that term in sec- tity that does not exceed 16,094 pounds; any of the aforesaid acts, tion 31502(e)(2)(A) of title 49, United States ‘‘(2) a pesticide in a quantity that does not shall be fined under this title or imprisoned Code, as added by subsection (a). exceed 502 gallons for liquids and 5,070 not more than 20 years, or both, if such act (C) REGULATION.—The term ‘‘regulation’’ pounds for solids; and is committed, or in the case of a threat or has the meaning given that term in section ‘‘(3) a solution of water and nitrogen fer- conspiracy such act would be committed, 31132(6) of title 49, United States Code. tilizer in a quantity that does not exceed within the United States on, against, or af- (D) UTILITY SERVICE VEHICLE.—The term 3,500 gallons.’’. fecting a railroad carrier engaged in or af- ‘‘utility service vehicle’’ has the meaning Subtitle E—Rail and Mass Transportation fecting interstate or foreign commerce, or if given that term in section 345(e)(6) of the Na- Anti-Terrorism; Safety in the course of committing such acts, that tional Highway System Designation Act of person travels or communicates across a 1995 (49 U.S.C. 31136 note). SEC. 3501. PURPOSE. The purpose of this subtitle is to protect State line in order to commit such acts, or SEC. 3425. WAIVERS FOR CERTAIN FARM VEHI- transports materials across a State line in CLES. the passengers and employees of railroad carriers and mass transportation systems aid of the commission of such acts; except (a) DEFINITIONS.—In this section: that whoever is convicted of any crime pro- (1) CUSTOM HARVESTING FARM MACHINERY.— and the movement of freight by railroad from terrorist attacks. hibited by this subsection shall be— The term ‘‘custom harvesting farm machin- ‘‘(A) imprisoned for not less than 30 years ery’’ includes vehicles used for custom har- SEC. 3502. AMENDMENTS TO THE ‘‘WRECKING or for life if the railroad train involved car- TRAINS’’ STATUTE. vesting that— ried high-level radioactive waste or spent nu- (a) Section 1992 of title 18, United States (A) are classified under subpart F of part clear fuel at the time of the offense; Code, is amended to read as follows: 383 of title 49, Code of Federal Regulations, ‘‘(B) imprisoned for life if the railroad as being included in Group A, B, or C (as ‘‘§ 1992. Terrorist attacks against railroads train involved was carrying passengers at those terms are used in section 383.91 of that ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- the time of the offense; and part); and fully— ‘‘(C) imprisoned for life or sentenced to (B) are used on a seasonal basis to provide ‘‘(1) wrecks, derails, sets fire to, or disables death if the offense has resulted in the death transportation of— any train, locomotive, motor unit, or freight of any person. (i) agricultural commodities from field to or passenger car used, operated, or employed ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS storage or processing; and by a railroad carrier; AND DANGEROUS WEAPONS.— (ii) harvesting machinery and equipment ‘‘(2) brings, carries, possesses, places or ‘‘(1) Except as provided in paragraph (4), from farm to farm. causes to be placed any destructive sub- whoever knowingly possesses or causes to be (2) COMMERCIAL DRIVER’S LICENSE.—The stance, or destructive device in, upon, or present any firearm or other dangerous term ‘‘commercial driver’s license’’ has the near any train, locomotive, motor unit, or weapon on board a passenger train of a rail- meaning given that term in section 31301(3) freight or passenger car used, operated, or road carrier, or attempts to do so, shall be of title 49, United States Code. employed by a railroad carrier, without pre- fined under this title or imprisoned not more (b) WAIVERS.—In addition to the authority viously obtaining the permission of the car- than 1 year, or both, if such act is committed granted to States to waive the application of rier, and with intent to endanger the safety on a railroad carrier that is engaged in or af- chapter 313 of title 49, United States Code, with respect to farm vehicles described in 53 of any passenger or employee of the carrier, fecting interstate or foreign commerce, or if Fed. Reg. 37313 through 37316 and farm-re- or with a reckless disregard for the safety of in the course of committing such act, that lated service industries described in 57 Fed. human life; person travels or communicates across a Reg. 13650 through 13654, each State that ‘‘(3) sets fire to, or places any destructive State line in order to commit such act, or issues commercial driver’s licenses in ac- substance, or destructive device in, upon or transports materials across a State line in cordance with chapter 313 of title 49, United near, or undermines any tunnel, bridge, via- aid of the commission of such act. States Code, may waive the application of duct, trestle, track, signal, station, depot, ‘‘(2) Whoever, with intent that a firearm or any requirement for obtaining a commercial warehouse, terminal, or any other way, other dangerous weapon be used in the com- driver’s license for operators of custom har- structure, property, or appurtenance used in mission of a crime, knowingly possesses or vesting farm machinery or employees of the operation of, or in support of the oper- causes to be present such firearm or dan- farm-related service industries (or both) that ation of, a railroad carrier, or otherwise gerous weapon on board a passenger train or would otherwise apply. makes any such tunnel, bridge, viaduct, tres- in a passenger terminal facility of a railroad SEC. 3426. FARM SERVICE VEHICLES. tle, track, station, depot, warehouse, ter- carrier, or attempts to do so, shall be fined (a) IN GENERAL.—Section 5117(d)(2) is minal, or any other way, structure, property, under this title or imprisoned not more than amended— or appurtenance unworkable or unusable or 5 years, or both, if such act is committed on (1) in the matter preceding subparagraph hazardous to work or use, knowing or having a railroad carrier that is engaged in or af- (A), by striking ‘‘do not prohibit’’; reason to know such activity would likely fecting interstate or foreign commerce, or if (2) in subparagraph (A)— derail, disable, or wreck a train, locomotive, in the course of committing such act, that (A) by inserting ‘‘do not prohibit’’ before motor unit, or freight or passenger car used, person travels or communicates across a ‘‘or regulate’’; and operated, or employed by a railroad carrier; State line in order to commit such act, or (B) by striking ‘‘or’’ at the end; ‘‘(4) removes appurtenances from, dam- transports materials across a State line in (3) in subparagraph (B)— ages, or otherwise impairs the operation of aid of the commission of such act. (A) by inserting ‘‘do not prohibit’’ before any railroad signal system, including a train ‘‘(3) A person who kills or attempts to kill ‘‘transportation’’; and control system, centralized dispatching sys- a person in the course of a violation of para- (B) by striking the period at the end and tem, or highway-railroad grade crossing graphs (1) or (2), or in the course of an attack inserting ‘‘; or’’; and warning signal on a railroad line used, oper- on a passenger train or a passenger terminal (4) by adding at the end the following: ated, or employed by a railroad carrier; facility of a railroad carrier involving the ‘‘(C) do not prohibit a State from providing ‘‘(5) interferes with, disables, or incapaci- use of a firearm or other dangerous weapon, an exception from requirements relating to tates any locomotive engineer, conductor, or shall be punished as provided in sections placarding, shipping papers, and emergency other person while they are operating or 1111, 1112, and 1113. telephone numbers for the private motor car- maintaining a train, locomotive, motor unit, ‘‘(4) Paragraph (1) shall not apply to— riage in intrastate transportation of an agri- or freight or passenger car used, operated, or ‘‘(A) the possession of a firearm or other cultural production material from— employed by a railroad carrier, with intent dangerous weapon by an officer, agent, or ‘‘(i) a source of supply to a farm; to endanger the safety of any passenger or employee of the United States, a State, or a ‘‘(ii) a farm to another farm; employee of the carrier, or with a reckless political subdivision thereof, while engaged ‘‘(iii) a field to another field on a farm; or disregard for the safety of human life; in the lawful performance of official duties, ‘‘(iv) a farm back to the source of supply. ‘‘(6) commits an act intended to cause who is authorized by law to engage in the In granting any exception under subpara- death or serious bodily injury to an em- transportation of people accused or con- graph (C), a State shall be required to certify ployee or passenger of a railroad carrier victed of crimes, or supervise the prevention, to the Secretary that the exception is in the while on the property of the carrier; detection, investigation, or prosecution of public interest, there is a need for the excep- ‘‘(7) causes the release of a hazardous ma- any violation of law; tion, and the State will monitor the excep- terial being transported by a rail freight car, ‘‘(B) the possession of a firearm or other tion and take such measures as are nec- with the intent to endanger the safety of any dangerous weapon by an officer, agent, or essary to ensure that safety is not com- person, or with a reckless disregard for the employee of the United States, a State, or a promised.’’. safety of human life; political subdivision thereof, while off duty, (b) AGRICULTURAL PRODUCTION MATERIAL ‘‘(8) conveys or causes to be conveyed false if such possession is authorized by law; DEFINED.—Section 5117 is amended by adding information, knowing the information to be ‘‘(C) the possession of a firearm or other at the end the following: false, concerning an attempt or alleged at- dangerous weapon by a Federal official or a

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1279 member of the Armed Forces if such posses- ‘‘(1) wrecks, derails, sets fire to, or disables tation vehicle or vessel, or in a mass trans- sion is authorized by law; a mass transportation vehicle or vessel; portation passenger terminal facility, or at- ‘‘(D) the possession of a firearm or other ‘‘(2) places or causes to be placed any de- tempts to do so, shall be fined under this dangerous weapon by a railroad police officer structive substance in, upon, or near a mass title, or imprisoned not more than 5 years, employed by a rail carrier and certified or transportation vehicle or vessel, without or both, if such act is committed on a mass commissioned as a police officer under the previously obtaining the permission of the transportation provider engaged in or affect- laws of a State, whether on or off duty; or mass transportation provider, and with in- ing interstate or foreign commerce, or if in ‘‘(E) an individual transporting a firearm tent to endanger the safety of any passenger the course of committing such act, that per- on board a railroad passenger train (except a or employee of the mass transportation pro- son travels or communicates across a State loaded firearm) in baggage not accessible to vider, or with a reckless disregard for the line in order to commit such act, or trans- any passenger on board the train, if the rail- safety of human life; ports materials across a State line in aid of road carrier was informed of the presence of ‘‘(3) sets fire to, or places any destructive the commission of such act. the weapon prior to the firearm being placed substance in, upon, or near any garage, ter- ‘‘(3) A person who kills or attempts to kill on board the train. minal, structure, supply, or facility used in a person in the course of a violation of para- ‘‘(c) PROHIBITION AGAINST PROPELLING OB- the operation of, or in support of the oper- graphs (1) or (2), or in the course of an attack JECTS.—Whoever willfully or recklessly ation of, a mass transportation vehicle, on a mass transportation vehicle or vessel, throws, shoots, or propels a rock, stone, knowing or having reason to know such ac- or a mass transportation passenger terminal brick, or piece of iron, steel, or other metal tivity would likely derail, disable, or wreck facility involving the use of a firearm or or any deadly or dangerous object or destruc- a mass transportation vehicle used, oper- other dangerous weapon, shall be punished as tive substance at any locomotive or car of a ated, or employed by a mass transportation provided in sections 1111, 1112, and 1113 of train, knowing or having reason to know provider; this title. such activity would likely cause personal in- ‘‘(4) removes appurtenances from, dam- ‘‘(4) Paragraph (1) shall not apply to— jury, shall be fined under this title or impris- ages, or otherwise impairs the operation of a ‘‘(A) the possession of a firearm or other oned for not more than 5 years, or both, if mass transportation signal system, including dangerous weapon by an officer, agent, or such act is committed on or against a rail- a train control system, centralized dis- employee of the United States, a State, or a road carrier engaged in or affecting inter- patching system, or rail grade crossing warn- political subdivision thereof, while engaged state or foreign commerce, or if in the course ing signal; in the lawful performance of official duties, of committing such act, that person travels ‘‘(5) interferes with, disables, or incapaci- who is authorized by law to engage in the or communicates across a State line in order tates any driver or person while that driver transportation of people accused or con- to commit such act, or transports materials or person is employed in operating or main- victed of crimes, or supervise the prevention, across a State line in aid of the commission taining a mass transportation vehicle or ves- detection, investigation, or prosecution of of such act. Whoever is convicted of any sel, with intent to endanger the safety of any any violation of law; crime prohibited by this subsection shall passenger or employee of the mass transpor- ‘‘(B) the possession of a firearm or other also be subject to imprisonment for not more tation provider, or with a reckless disregard dangerous weapon by an officer, agent, or than 20 years if the offense has resulted in for the safety of human life; employee of the United States, a State, or a ‘‘(6) commits an act intended to cause the death of any person. political subdivision thereof, while off duty, death or serious bodily injury to an em- ‘‘(d) DEFINITIONS.—In this section— if such possession is authorized by law; ployee or passenger of a mass transportation ‘‘(1) ‘dangerous device’ has the meaning ‘‘(C) the possession of a firearm or other provider on the property of a mass transpor- given that term in section 921(a)(4) of this dangerous weapon by a Federal official or a tation provider; title; member of the Armed Forces if such posses- ‘‘(7) conveys or causes to be conveyed false ‘‘(2) ‘dangerous weapon’’ has the meaning sion is authorized by law; information, knowing the information to be given that term in section 930 of this title; ‘‘(D) the possession of a firearm or other false, concerning an attempt or alleged at- ‘‘(3) ‘destructive substance’’ has the mean- dangerous weapon by a railroad police officer tempt being made or to be made, to do any ing given that term in section 31 of this title, employed by a rail carrier and certified or act which would be a crime prohibited by except that (A) the term ‘radioactive device’ commissioned as a police officer under the does not include any radioactive device or this subsection; or ‘‘(8) attempts, threatens, or conspires to do laws of a State, whether on or off duty; or material used solely for medical, industrial, ‘‘(E) an individual transporting a firearm research, or other peaceful purposes, and (B) any of the aforesaid acts, shall be fined under this title or imprisoned not more than on board a mass transportation vehicle or ‘destructive substance’ includes any radio- vessel (except a loaded firearm) in baggage active device or material that can be used to 20 years, or both, if such act is committed, or in the case of a threat or conspiracy such act not accessible to any passenger on board the cause a harm listed in subsection (a) and would be committed, within the United vehicle or vessel, if the mass transportation that is not in use solely for medical, indus- States on, against, or affecting a mass trans- provider was informed of the presence of the trial, research, or other peaceful purposes; portation provider engaged in or affecting weapon prior to the firearm being placed on ‘‘(4) ‘firearm’ has the meaning given that interstate or foreign commerce, or if in the board the vehicle or vessel. term in section 921 of this title; ‘‘(c) PROHIBITION AGAINST PROPELLING OB- course of committing such act, that person ‘‘(5) ‘hazardous material’ has the meaning JECTS.—Whoever willfully or recklessly travels or communicates across a State line given that term in section 5102(2) of title 49, throws, shoots, or propels a rock, stone, in order to commit such act, or transports United States Code; brick, or piece of iron, steel, or other metal materials across a State line in aid of the ‘‘(6) ‘high-level radioactive waste’ has the or any deadly or dangerous object or destruc- commission of such act. Whoever is con- meaning given that term in section 10101(12) tive substance at any mass transportation victed of a crime prohibited by this section of title 42, United States Code; vehicle or vessel, knowing or having reason shall also be subject to imprisonment for life ‘‘(7) ‘railroad’ has the meaning given that to know such activity would likely cause if the mass transportation vehicle or vessel term in section 20102(1) of title 49, United personal injury, shall be fined under this was carrying a passenger at the time of the States Code; title or imprisoned for not more than 5 offense, and imprisonment for life or sen- ‘‘(8) ‘railroad carrier’ has the meaning years, or both, if such act is committed on or tenced to death if the offense has resulted in given that term in section 20102(2) of title 49, against a mass transportation provider en- the death of any person. United States Code; gaged in or substantially affecting interstate ‘‘(b) PROHIBITIONS ON THE USE OF FIREARMS ‘‘(9) ‘serious bodily injury’ has the meaning or foreign commerce, or if in the course of AND DANGEROUS WEAPONS.— given that term in section 1365 of this title; committing such acts, that person travels or ‘‘(1) Except as provided in paragraph (4), communicates across a State line in order to ‘‘(10) ‘spent nuclear fuel’ has the meaning whoever knowingly possesses or causes to be given that term in section 10101(23) of title commit such acts, or transports materials present any firearm or other dangerous across a State line in aid of the commission 42, United States Code; and weapon on board a mass transportation vehi- ‘‘(11) ‘State’ has the meaning given that of such acts. Whoever is convicted of any cle or vessel, or attempts to do so, shall be crime prohibited by this subsection shall term in section 2266 of this title.’’. fined under this title or imprisoned not more (b) In the analysis of chapter 97 of title 18, also be subject to imprisonment for not more than 1 year, or both, if such act is committed United States Code, item ‘‘1992’’ is amended than 20 years if the offense has resulted in on a mass transportation provider engaged to read as follows: the death of any person. in or affecting interstate or foreign com- ‘‘(d) DEFINITIONS.—In this section— ‘‘1992. Terrorist attacks against railroads.’’. merce, or if in the course of committing such ‘‘(1) ‘dangerous device’ has the meaning SEC. 3503. TERRORIST ATTACKS AGAINST MASS act, that person travels or communicates given that term in section 921(a)(4) of this TRANSPORTATION. across a State line in order to commit such title; (a) Chapter 97 of title 18, United States act, or transports materials across a State ‘‘(2) ‘dangerous weapon’ has the meaning Code, is amended by adding at the end there- line in aid of the commission of such act. given that term in section 930 of this title; of the following new section: ‘‘(2) Whoever, with intent that a firearm or ‘‘(3) ‘destructive substance’ has the mean- ‘‘§ 1994. Terrorist attacks against mass trans- other dangerous weapon be used in the coming given that term in section 31 of this title, portation mission of a crime, knowingly possesses or except that (A) the term ‘radioactive device’ ‘‘(a) GENERAL PROHIBITIONS.—Whoever will- causes to be present such firearm or dan- does not include any radioactive device or fully— gerous weapon on board a mass transpor- material used solely for medical, industrial,

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1280 CONGRESSIONAL RECORD — SENATE March 3, 1998 research, or other peaceful purposes, and (B) to, or repeal of, a section or other provision eral appropriations, nor for any purposes ex- ‘destructive substance’ includes any radio- of the 1950 Act, the reference shall be consid- cept those purposes authorized by this Act. active device or material that can be used to ered to be made to a section or other provi- The Secretary shall publish a detailed ac- cause a harm listed in subsection (a) and sion of the Act entitled ‘‘An Act to provide counting of the projects, programs, and ac- that is not in use solely for medical, indus- that the United States shall aid the States tivities funded under this subsection annu- trial, research, or other peaceful purposes; in fish restoration and management projects, ally in the Federal Register.’’; and ‘‘(4) ‘firearm’ has the meaning given that and for other purposes,’’ approved August 9, (6) in subsection (e), as redesignated, by term in section 921 of this title; 1950 (16 U.S.C. 777 et seq.). striking ‘‘subsections (a), (b), and (c),’’ and ‘‘(5) ‘mass transportation’ has the meaning SEC. 3602. OUTREACH AND COMMUNICATIONS inserting ‘‘subsections (a), (b), (c), and (d),’’. given that term in section 5302(a)(7) of title PROGRAMS. (c) INCREASE IN STATE ALLOCATION.—Sec- 49, United States Code, except that the term (a) DEFINITIONS.—Section 2 of the 1950 Act tion 8 of the 1950 Act (16 U.S.C. 777g) is shall include schoolbus, charter, and sight- (16 U.S.C. 777a) is amended— amended— seeing transportation; (1) by indenting the left margin of so much (1) by striking ‘‘12 1/2 percentum’’ each ‘‘(6) ‘serious bodily injury’ has the meaning of the text as precedes ‘‘(a)’’ by 2 ems; place it appears in subsection (b) and insert- given that term in section 1365 of this title; (2) by inserting ‘‘For purposes of this Act— ing ‘‘15 percent’’; and ’’ after the section heading; (2) by striking ‘‘10 percentum’’ in sub- ‘‘(7) ‘State’ has the meaning given that (3) by striking ‘‘For the purpose of this Act section (c) and inserting ‘‘15 percent’’; term in section 2266 of this title.’’. the’’ in the first paragraph and inserting ‘‘(1) (3) by inserting ‘‘and communications’’ in (b) The analysis of chapter 97 of title 18, the’’; subsection (c) after ‘‘outreach’’; and United States Code, is amended by adding at (4) by indenting the left margin of so much (4) by redesignating subsection (d) as sub- the end thereof: of the text as follows ‘‘include—’’ by 4 ems; section (f); and by inserting after subsection ‘‘1994. Terrorist attacks against mass trans- (5) by striking ‘‘(a)’’, ‘‘(b)’’, ‘‘(c)’’, and ‘‘(d)’’ (c) the following: portation.’’. and inserting ‘‘(A)’’, ‘‘(B)’’, ‘‘(C)’’, and ‘‘(D)’’, ‘‘(d) NATIONAL OUTREACH AND COMMUNICA- SEC. 3504. INVESTIGATIVE JURISDICTION. respectively; TIONS PROGRAM.— The Federal Bureau of Investigation shall (6) by striking ‘‘department.’’ and insert- ‘‘(1) IMPLEMENTATION.—Within 1 year after lead the investigation of all offenses under ing ‘‘department;’’; and the date of enactment of the Intermodal sections 1192 and 1994 of title 18, United (7) by adding at the end the following: Transportation Safety Act of 1997, the Sec- States Code. The Federal Bureau of Inves- ‘‘(2) the term ‘outreach and communica- retary of the Interior shall develop and im- tigation shall cooperate with the National tions program’ means a program to improve plement, in cooperation and consultation Transportation Safety Board and with the communications with anglers, boaters, and with the Sport Fishing and Boating Partner- Department of Transportation in safety in- the general public regarding angling and ship Council, a national plan for outreach vestigations by these agencies, and with the boating opportunities, to reduce barriers to and communications. Treasury Department’s Bureau of Alcohol, participation in these activities, to advance ‘‘(2) CONTENT.—The plan shall provide— Tobacco and Firearms concerning an inves- adoption of sound fishing and boating prac- ‘‘(A) guidance, including guidance on the tigation regarding the possession of firearms tices, to promote conservation and the redevelopment of an administrative process and explosives. sponsible use of the Nation’s aquatic re- and funding priorities, for outreach and com- SEC. 3505. SAFETY CONSIDERATIONS IN GRANTS sources, and to further safety in fishing and munications programs; and OR LOANS TO COMMUTER RAIL- boating; and ‘‘(B) for the establishment of a national ROADS. ‘‘(3) the term ‘aquatic resource education program. Section 5329 is amended by adding at the program’ means a program designed to en- ‘‘(3) SECRETARY MAY MATCH OR FUND PRO- end the following: hance the public’s understanding of aquatic GRAMS.—Under the plan, the Secretary may ‘‘(c) COMMUTER RAILROAD SAFETY CONSID- resources and sportfishing, and to promote obligate amounts available under subsection ERATIONS.—In making a grant or loan under the development of responsible attitudes and (c) or (d) of section 4 of this Act— this chapter that concerns a railroad subject ethics toward the aquatic environment.’’. ‘‘(A) to make grants to any State or pri- to the Secretary’s railroad safety jurisdic- (b) FUNDING FOR OUTREACH AND COMMU- vate entity to pay all or any portion of the tion under section 20102 of this title, the Fed- NICATIONS PROGRAM.—Section 4 of the 1950 cost of carrying out any outreach or commu- eral Transit Administrator shall consult Act (16 U.S.C. 777c) is amended— nications program under the plan; or with the Federal Railroad Administrator (1) by redesignating subsections (c), (d), ‘‘(B) to fund contracts with States or pri- concerning relevant safety issues. The Sec- and (e) as subsections (d), (e), and (f), respec- vate entities to carry out such a program. retary may use appropriate authority under tively; ‘‘(4) REVIEW.—The plan shall be reviewed this chapter, including the authority to pre- (2) by inserting after subsection (b) the fol- periodically, but not less frequently than scribe particular terms or covenants under lowing: once every 3 years. section 5334 of this title, to address any safe- ‘‘(c) NATIONAL OUTREACH AND COMMUNICA- ‘‘(e) STATE OUTREACH AND COMMUNICATIONS ty issues identified in the project supported TIONS PROGRAM.—Of the balance of each such PROGRAM.—Within 12 months after the com- by the loan or grant.’’. annual appropriation remaining after mak- pletion of the national plan under subsection SEC. 3506. RAILROAD ACCIDENT AND INCIDENT ing the distribution under subsections (a) (d)(1), a State shall develop a plan for an out- REPORTING. and (b), respectively, an amount equal to— reach and communications program and sub- Section 20901(a) is amended to read as fol- ‘‘(1) $5,000,000 for fiscal year 1998; mit it to the Secretary. In developing the lows: ‘‘(2) $6,000,000 for fiscal year 1999; plan, a State shall— ‘‘(a) GENERAL REQUIREMENTS.—On a peri- ‘‘(3) $7,000,000 for fiscal year 2000; ‘‘(1) review the national plan developed odic basis, not more frequently than month- ‘‘(4) $8,000,000 for fiscal year 2001; under subsection (d); ly, as specified by the Secretary of Transpor- ‘‘(5) $10,000,000 for fiscal year 2002; and ‘‘(2) consult with anglers, boaters, the tation, a railroad carrier shall file a report ‘‘(6) $10,000,000 for fiscal year 2003, with the Secretary on all accidents and inci- sportfishing and boating industries, and the shall be used for the National Outreach and dents resulting in injury or death to an indi- general public; and Communications Program under section 8(d). vidual, or damage to equipment or a roadbed ‘‘(3) establish priorities for the State out- Such amounts shall remain available for 3 arising from the carrier’s operations during reach and communications program pro- fiscal years, after which any portion thereof that period. The report shall state the na- posed for implementation.’’. that is unobligated by the Secretary of the ture, cause, and circumstances of each re- Interior for that program may be expended SEC. 3603. CLEAN VESSEL ACT FUNDING. ported accident or incident. If a railroad car- by the Secretary under subsection (e).’’; Section 4(b) of the 1950 Act (16 U.S.C. rier assigns human error as a cause, the re- (3) in subsection (d), as redesignated, by in- 777c(b)) is amended to read as follows: port shall include, at the option of each em- serting ‘‘, for an outreach and communica- ‘‘(b) USE OF BALANCE AFTER DISTRIBU- ployee whose error is alleged, a statement by tions program’’ after ‘‘Act’’; TION.— the employee explaining any factors the em- (4) in subsection (d), as redesignated, by ‘‘(1) FISCAL YEAR 1998.—For fiscal year 1998, ployee alleges contributed to the accident or striking ‘‘subsections (a) and (b),’’ and in- of the balance remaining after making the incident.’’. serting ‘‘subsections (a), (b), and (c),’’; distribution under subsection (a), an amount SEC. 3507. MASS TRANSPORTATION BUSES. (5) by adding at the end of subsection (d), equal to $51,000,000 shall be used as follows: Section 1023(h)(1) of the Intermodal Sur- as redesignated, the following: ‘‘Of the sum ‘‘(A) $10,000,000 shall be available to the face Transportation Efficiency Act of 1991, as available to the Secretary of the Interior Secretary of the Interior for 3 years for obli- amended (23 U.S.C. 127 note), is amended by under this subsection for any fiscal year, up gation for qualified projects under section striking ‘‘the date on which’’ and all that to $2,500,000 may be used for the National 5604(c) of the Clean Vessel Act of 1992 (33 follows through ‘‘1995’’ and inserting ‘‘Janu- Outreach and Communications Program U.S.C. 1322 note); ary 1, 2003’’. under section 8(d) in addition to the amount ‘‘(B) $10,000,000 shall be available to the Subtitle F—Sportfishing and Boating Safety available for that program under subsection Secretary of the Interior for 3 years for obli- SEC. 3601. AMENDMENT OF 1950 ACT. (c). No funds available to the Secretary gation for qualified projects under section Whenever in this Act an amendment or re- under this subsection may be used to replace 3604(d) of the Intermodal Transportation peal is expressed in terms of an amendment funding traditionally provided through gen- Safety Act of 1997; and

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1281 ‘‘(C) $31,000,000 shall be transferred to the 8(g) of the Act entitled ‘‘An Act to provide (2) by striking subsection (c) and inserting Secretary of Transportation and shall be ex- that the United States shall aid the States the following: pended for State recreational boating safety in fish restoration and management projects, ‘‘(c) Of the amount transferred for each fis- programs under section 13106 of title 46, and for other purposes,’’ approved August 9, cal year to the Secretary of Transportation United States Code. 1950 (16 U.S.C. 777g(g)), as added by sub- under section 4(b) of the Act of August 9, 1950 ‘‘(2) FISCAL YEARS 1999–2003.—For each of section (b) of this section, a State may de- (16 U.S.C. 777c(b)), $5,000,000 is available to fiscal years 1999 through 2003, the balance of velop and submit to the Secretary a plan for the Secretary for payment of expenses of the each annual appropriation remaining after the construction, renovation, and mainte- Coast Guard for personnel and activities di- making the distribution under subsection nance of public facilities, and access to those rectly related to coordinating and carrying (a), an amount equal to $84,000,000, reduced facilities, for transient nontrailerable rec- out the national recreational boating safety by 82 percent of the amount appropriated for reational vessels to meet the needs of program under this title. No funds available that fiscal year from the Boat Safety Ac- nontrailerable recreational vessels operating to the Secretary under this subsection may count of the Aquatic Resources Trust Fund on navigable waters in the State. be used to replace funding traditionally pro- established by section 9504 of the Internal (d) GRANT PROGRAM.— vided through general appropriations, nor for Revenue Code of 1986 to carry out the pur- (1) MATCHING GRANTS.—The Secretary of any purposes except those purposes author- poses of section 13106(a) of title 46, United the Interior shall obligate amounts made ized by this section. Amounts made available States Code, shall be used as follows: available under section 4(b)(1)(C) of the Act by this subsection shall remain available ‘‘(A) $10,000,000 shall be available for each entitled ‘‘An Act to provide that the United until expended. The Secretary shall publish fiscal year to the Secretary of the Interior States shall aid the States in fish restora- annually in the Federal Register a detailed for 3 years for obligation for qualified tion and management projects, and for other accounting of the projects, programs, and ac- projects under section 5604(c) of the Clean purposes,’’ approved August 9, 1950 (16 U.S.C. tivities funded under this subsection.’’. Vessel Act of 1992 (33 U.S.C. 1322 note); 777c(b)(1)(C)) to make grants to any State to (c) CONFORMING AMENDMENTS.— ‘‘(B) $10,000,000 shall be available for each pay not more than 75 percent of the cost to (1) The heading for section 13106 of title 46, fiscal year to the Secretary of the Interior a State of constructing, renovating, or main- United States Code, is amended to read as for 3 years for obligation for qualified taining public facilities for transient follows: projects under section 3604(d) of the Inter- nontrailerable recreational vessels. ‘‘§ 13106. Authorization of appropriations’’. modal Transportation Safety Act of 1997; and (2) PRIORITIES.—In awarding grants under (2) The chapter analysis for chapter 131 of ‘‘(C) the balance shall be transferred for paragraph (1), the Secretary shall give pri- title 46, United States Code, is amended by each such fiscal year to the Secretary of ority to projects that— striking the item relating to section 13106 Transportation and shall be expended for (A) consist of the construction, renovation, and inserting the following: State recreational boating safety programs or maintenance of public facilities for tran- under section 13106 of title 46, United States sient nontrailerable recreational vessels in ‘‘13106. Authorization of appropriations.’’. Code. accordance with a plan submitted by a State Subtitle G—Miscellaneous ‘‘(3) TRANSFER OF CERTAIN FUNDS.— under subsection (c); Amounts available under subparagraphs (A) SEC. 3701. LIGHT DENSITY RAIL LINE PILOT (B) provide for public/private partnership PROJECTS. and (B) of paragraphs (1) and (2) that are un- efforts to develop, maintain, and operate fa- (a) IN GENERAL.—Part B of subtitle V is obligated by the Secretary of the Interior cilities for transient nontrailerable rec- after 3 years shall be transferred to the Sec- amended by adding at the end the following reational vessels; and new chapter: retary of Transportation and shall be ex- (C) propose innovative ways to increase the ‘‘CHAPTER 223—LIGHT DENSITY RAIL pended for State recreational boating safety availability of facilities for transient LINE PILOT PROJECTS programs under section 13106(a) of title 46, nontrailerable recreational vessels. United States Code.’’. (e) DEFINITIONS.—For purposes of this sec- ‘‘Sec. SEC. 3604. BOATING INFRASTRUCTURE. tion, the term— ‘‘22301. Light density rail line pilot projects. (a) PURPOSE.—The purpose of this section (1) ‘‘nontrailerable recreational vessel’’ ‘‘§ 23091. Light density rail line pilot projects is to provide funds to States for the develop- means a recreational vessel 26 feet in length ment and maintenance of public facilities for ‘‘(a) GRANTS.—The Secretary of Transpor- or longer— tation may make grants to States that have transient nontrailerable recreational vessels. (A) operated primarily for pleasure; or (b) SURVEY.—Section 8 of the 1950 Act (16 State rail plans described in section 22102 (1) (B) leased, rented, or chartered to another U.S.C. 777g), as amended by section 3602, is and (2) to fund pilot projects that dem- for the latter’s pleasure; amended by adding at the end thereof the onstrate the relationship of light density (2) ‘‘public facilities for transient following: railroad services to the statutory respon- nontrailerable recreational vessels’’ includes ‘‘(g) SURVEYS.— sibilities of the Secretary, including those mooring buoys, day-docks, navigational aids, ‘‘(1) NATIONAL FRAMEWORK.—Within 6 under title 23. months after the date of enactment of the seasonal slips, or similar structures located ‘‘(b) LIMITATIONS.—Grants under this sec- Intermodal Transportation Safety Act of on navigable waters, that are available to tion may be made only for pilot projects for 1997, the Secretary, in consultation with the the general public and designed for tem- making capital improvements to, and reha- States, shall adopt a national framework for porary use by nontrailerable recreational bilitating, publicly and privately owned rail a public boat access needs assessment which vessels; and line structures, and may not be used for pro- may be used by States to conduct surveys to (3) ‘‘State’’ means each of the several viding operating assistance. determine the adequacy, number, location, States of the United States, the District of ‘‘(c) PRIVATE OWNER CONTRIBUTIONS.— and quality of facilities providing access to Columbia, the Commonwealth of Puerto Grants made under this section for projects recreational waters for all sizes of rec- Rico, Guam, American Samoa, the Virgin Is- on privately owned rail line structures shall reational boats. lands, and the Commonwealth of the North- include contributions by the owner of the ern Mariana Islands. ‘‘(2) STATE SURVEYS.—Within 18 months rail line structures, based on the benefit to after such date of enactment, each State (f) EFFECTIVE DATE.—This section shall those structures, as determined by the Sec- that agrees to conduct a public boat access take effect on October 1, 1998. retary. needs survey following the recommended na- SEC. 3605. BOAT SAFETY FUNDS. ‘‘(d) STUDY.—The Secretary shall conduct a tional framework shall report its findings to (a) AVAILABILITY OF ALLOCATIONS.—Section study of the pilot projects carried out with the Secretary for use in the development of 13104(a) of title 46, United States Code, is grant assistance under this section to deter- a comprehensive national assessment of rec- amended— mine the public interest benefits associated reational boat access needs and facilities. (1) in paragraph (1), by striking ‘‘3 years’’ with the light density railroad networks in ‘‘(3) EXCEPTION.—Paragraph (2) does not and inserting ‘‘2 years’’; and the States and their contribution to a apply to a State if, within 18 months after (2) in paragraph (2), by striking ‘‘3-year’’ multimodal transportation system. Not later such date of enactment, the Secretary cer- and inserting ‘‘2-year’’. than March 31, 2003, the Secretary shall re- tifies that the State has developed and is im- (b) EXPENDITURES.—Section 13106 of title port to Congress any recommendations the plementing a plan that ensures there are and 46, United States Code, is amended— Secretary considers appropriate regarding will be public boat access adequate to meet (1) by striking the first sentence of sub- the eligibility of light density rail networks the needs of recreational boaters on its section (a)(1) and inserting the following: for Federal infrastructure financing. waters. ‘‘Subject to paragraph (2) and subsection (c), ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) FUNDING.—A State that conducts a the Secretary shall expend in each fiscal There are authorized to be appropriated to public boat access needs survey under para- year for State recreational boating safety the Secretary to carry out this section graph (2) may fund the costs of conducting programs, under contracts with States under $10,000,000 for each of the fiscal years 1998, that assessment out of amounts allocated to this chapter, an amount equal to the sum of 1999, 2000, 2001, 2002, and 2003. Such funds it as funding dedicated to motorboat access (A) the amount appropriated from the Boat shall remain available until expended.’’. to recreational waters under subsection Safety Account for that fiscal year and (B) (b) CLERICAL AMENDMENT.—The table of (b)(1) of this section.’’. the amount transferred to the Secretary chapters for subtitle V is amended by insert- (c) PLAN.—Within 6 months after submit- under section 4(b) of the Act of August 9, 1950 ing after the item relating to chapter 221 the ting a survey to the Secretary under section (16 U.S.C. 777c(b)).’’; and following new item:

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1282 CONGRESSIONAL RECORD — SENATE March 3, 1998

‘‘223. Light Density Rail Line Pilot the time within which they could be in- ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS Projects ...... 22301.’’. stalled in production vehicles. AFTER COMPLIANCE.—If, before the last day of On page 167, after the matter appearing the period for which funds withheld under KEMPTHORNE AMENDMENT NO. after line 18, insert the following: subsection (a) from apportionment are to re- Strike section 1407 of the bill. 1681 main available for apportionment to a State In the table of sections for the bill, strike under paragraph (1)(A), the State meets the Mr. KEMPTHORNE proposed an the item relating to section 1407. requirements of subsection (a)(3), the Sec- amendment to amendment No. 1676 Amendment the table of sections for the retary shall, on the first day on which the bill by inserting the following item at the State meets the requirements, apportion to proposed by Mr. CHAFEE to the bill, S. appropriate place: 1173, supra; as follows: the State the funds withheld under sub- Sec. 3406. Improving air bag safety. On page 40, after line 10, insert the fol- section (a) that remain available for appor- lowing: tionment to the State. LAUTENBERG (AND OTHERS) ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE- SEC. 3106. IMPROVING AIR BAG SAFETY. AMENDMENT NO. 1682 QUENTLY APPORTIONED FUNDS.— (a) SUSPENSION OF UNBELTED BARRIER ‘‘(A) IN GENERAL.—Any funds apportioned TESTING.—The provision in Federal Motor Mr. LAUTENBERG (for himself, Mr. under paragraph (2) shall remain available Vehicle Safety Standard No. 208, Occupant DEWINE, Mr. LIEBERMAN, Mr. FAIR- for expenditure until the end of the third fis- crash protection, 49 CFR 571.208, that re- CLOTH, Mrs. BOXER, Mr. HELMS, Mr. cal year following the fiscal year in which quires air bag-equipped vehicles to be GLENN, Mr. DURBIN, Mrs. FEINSTEIN, the funds are so apportioned. crashed into a barrier using unbelted 50th Mr. BINGAMAN, Mr. MOYNIHAN, Mr. ‘‘(B) TREATMENT OF CERTAIN FUNDS.—Sums percentile adult male dummies is suspended not obligated at the end of the period re- until either the rule issued under subsection HATCH, Mr. WELLSTONE, Mr. AKAKA, ferred to in subparagraph (A) shall— (b) goes into effect or, prior to the effective Mr. DODD, Mr. KERRY, Mr. INOUYE, Ms. ‘‘(i) lapse; or date of the rule, the Secretary of Transpor- MOSELEY-BRAUN, Mr. BUMPERS, Mr. ‘‘(ii) in the case of funds apportioned under tation, after reporting to the Commerce REED, Mr. SMITH of Oregon, Mr. ROCKE- section 104(b)(1)(A), lapse and be made avail- Committee of the House of Representatives, FELLER, Mr. THURMOND, and Mr. able by the Secretary for projects in accord- and the Committee on Commerce, Science, CHAFEE) proposed an amendment to ance with section 118. and Transportation of the Senate, deter- amendment No. 1676 proposed by Mr. ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the mines by rule that restoring the test is nec- CHAFEE to the bill, S. 1173, supra; as end of the period for which funds withheld essary to accomplish the purposes of sub- under subsection (a) from apportionment are section (b). follows: available for apportionment to a State under (b) Rulemaking to Improve Air Bags.— At the end of subtitle D of title I, add the paragraph (1)(A), the State does not meet the (1) Notice of proposed rulemaking.—Not following: requirements of subsection (a)(3), the funds later than June 1, 1998, the Secretary of SEC. 14ll. NATIONAL STANDARD TO PROHIBIT shall— Transportation shall issue a notice of pro- OPERATION OF MOTOR VEHICLES ‘‘(A) lapse; or posed rulemaking to improve the occupant BY INTOXICATED INDIVIDUALS. ‘‘(B) in the case of funds withheld from ap- protection for all occupants provided by Fed- (a) IN GENERAL.—Chapter 1 of title 23, portionment under section 104(b)(1)(A), lapse eral Motor Vehicle Safety Standard No. 208, United States Code, is amended by inserting and be made available by the Secretary for while minimizing the risk to infants, chil- after section 153 the following: projects in accordance with section 118.’’. dren, and other occupants from injuries and ‘‘§ 154. National standard to prohibit oper- (b) CONFORMING AMENDMENT.—The analysis deaths caused by air bags, by means that in- ation of motor vehicles by intoxicated individuals for chapter 1 of title 23, United States Code, clude advanced air bags. is amended by inserting after the item relat- ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR (2) Final rule.—The Secretary shall coming to section 153 the following: plete the rulemaking required by this sub- NONCOMPLIANCE.— ‘‘154. National standard to prohibit oper- section by issuing, not later than June 1, ‘‘(1) FISCAL YEAR 2002.—The Secretary shall 1999, a final rule consistent with paragraph withhold 5 percent of the amount required to ation of motor vehicles by in- (1). If the Secretary determines that the be apportioned to any State under each of toxicated individuals.’’. final rule cannot be completed by that date paragraphs (1)(A), (1)(C), and (3) of section to meet the purposes of paragraph (1), and 104(b) on October 1, 2001, if the State does not INHOFE (AND BREAUX) advises the Congress of the reasons for this meet the requirements of paragraph (3) on AMENDMENT NO. 1683 determination, the Secretary may extend that date. (Ordered to lie on the table.) the date for issuing the final rule by not ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec- Mr. INHOFE (for himself and Mr. more than one year. The Congress may, by retary shall withhold 10 percent (including BREAUX) submitted an amendment in- joint resolution, grant a further extension of any amounts withheld under paragraph (1)) the date for issuing a final rule. of the amount required to be apportioned to tended to be proposed by them to the (3) Methods to ensure protection.—Not- any State under each of paragraphs (1)(A), amendment No. 1676 proposed by Mr. withstanding subsection (a) of this section, (1)(C), and (3) of section 104(b) on October 1, CHAFEE to the bill, S. 1173, supra; as the rule required by paragraph (2) may in- 2002, and on October 1 of each fiscal year follows: clude such tests, including tests with dum- thereafter, if the State does not meet the re- At the end of the bill, add the following: mies of different sizes, as the Secretary de- quirements of paragraph (3) on that date. TITLE —OZONE AND PARTICULATE termines to be reasonable, and practicable, ‘‘(3) REQUIREMENTS.—A State meets the re- MATTER STANDARDS and appropriate to meet the purposes of quirements of this paragraph if the State has FINDINGS AND PURPOSES paragraph (1). enacted and is enforcing a law providing that SECTION 1. (a) The Congress finds that— (4) EFFECTIVE DATE.—The final rule issued an individual who has an alcohol concentra- (1) There is a lack of air quality moni- under this subsection shall become effective tion of 0.08 percent or greater while oper- toring data for fine particle levels, measured in phases as rapidly as practicable, beginning ating a motor vehicle in the State is guilty as PM , in the United States and the States not earlier than September 1, 2001, and not 2.5 of the offense of driving while intoxicated (or should receive full funding for the moni- later than September 1, 2002, and shall be- an equivalent offense that carries the great- toring efforts; come effective not later than September 1, est penalty under the law of the State for op- (2) Such data would provide a basis for des- 2005, for all motor vehicles in which air bags erating a motor vehicle after having con- ignating areas as attainment or nonattain- are required to be installed. If the Secretary sumed alcohol). ment for any PM2.5 national ambient air determines that the September 1, 2005, effec- ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF quality standards pursuant to the standards tive date is not practicable to meet the pur- COMPLIANCE AND NONCOMPLIANCE.— promulgated in July 1997; poses of paragraph (1), the Secretary may ex- ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD (3) The President of the United States di- tend the effective date for not more than one FUNDS.— rected the Administrator in a memorandum year. The Congress may, by joint resolution, ‘‘(A) FUNDS WITHHELD ON OR BEFORE SEP- dated July 16, 1997, to complete the next grant a further extension of the effective TEMBER 30, 2003.—Any funds withheld under periodic review of the particulate matter na- date. subsection (a) from apportionment to any tional ambient air quality standards by July (c) REPORT ON AIR BAG IMPROVEMENTS.— State on or before September 30, 2003, shall 2002 in order to determine ‘‘whether to revise Not later than 6 months after the enactment remain available until the end of the third or maintain the standards;’’ of this section, the Secretary of Transpor- fiscal year following the fiscal year for (4) The Administrator has stated that tation shall report to Congress on the devel- which the funds are authorized to be appro- three years of air quality monitoring data opment of technology to improve the protec- priated. for fine particle levels, measured as PM2.5 tion given by air bags and reduce the risks ‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER 30, and performed in accordance with any appli- from air bags. To the extent possible, the re- 2003.—No funds withheld under this section cable federal reference methods, is appro- port shall describe the performance charac- from apportionment to any State after Sep- priate for designating areas as attainment or teristics of advanced air bag devices, their tember 30, 2003, shall be available for appor- nonattainment pursuant to the July 1997 estimated cost, their estimated benefits, and tionment to the State. promulgated standards; and

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1283 (5) The Administrator has acknowledged ADDITIONAL PROVISIONS on Environment and Public Works be that in drawing boundaries for attainment SEC. 4. Nothing in sections 1–3 above shall granted permission to conduct a busi- and nonattainment areas for the July 1997 be construed by the Administrator of Envi- ness meeting to consider amendments ozone national air quality standards, Gov- ronmental Protection Agency or any court, ernors would benefit from considering imple- to S. 1173, the Intermodal Surface State, or person to affect any pending litiga- Transportation Efficiency Act of 1997, mentation guidance from EPA on drawing tion. area boundaries; Tuesday, March 3, 1998, 9:30 a.m., Hear- (b) The purposes of this title are— f ing Room (SD–406). (1) To ensure that three years of air qual- NOTICE OF HEARING The PRESIDING OFFICER. Without ity monitoring data regarding fine particle objection, it is so ordered. levels are gathered for use in the determina- COMMITTEE ON AGRICULTURE, NUTRITION, AND tion of area attainment or nonattainment FORESTRY COMMITTEE ON FOREIGN RELATIONS designations respecting any PM2.5 national Mr. LUGAR. Mr. President, I would Mr. LOTT. Mr. President, I ask unan- ambient air quality standards; like to announce that the Senate Com- imous consent that the Committee on (2) To ensure that the Governors have ade- mittee on Agriculture, Nutrition, and Foreign Relations be authorized to quate time to consider implementation guid- meet during the session of the Senate ance from EPA on drawing area boundaries Forestry will meet on Tuesday, March prior to submitting area designations re- 10, 1998, at 9 a.m. in SR–328A. The pur- on Tuesday, March 3, 1998 at 2:15 pm to specting the July 1997 ozone national ambi- pose of this meeting will be to examine hold a Business Meeting. ent air quality standards; the current federal crop insurance pro- The PRESIDING OFFICER. Without (3) To ensure that implementation of the gram and consider improvements to objection, it is so ordered. July 1997 revisions of the ambient air quality the system. COMMITTEE ON THE JUDICIARY standards are consistent with the purposes of the President’s Implementation Memo- f Mr. LOTT. Mr. President, I ask unan- randum dated July 16, 1997. AUTHORITY FOR COMMITTEES TO imous consent that the Committee on PARTICULATE MATTER MONITORING PROGRAM MEET the Judiciary be authorized to meet SEC. 2. (a) Through grants under section during the session of the senate on 103 of the Clean Air Act the Administrator of COMMITTEE ON ARMED SERVICES Tuesday, March 3, 1998 at 10:00 a.m. in the Environmental Protection Agency shall Mr. LOTT. Mr. President, I ask unan- room 216 of the senate hart office build- use appropriated funds no later than fiscal imous consent that the Committee on ing to hold a hearing on ‘‘Market 2000 to fund one hundred percent of the cost Armed Services be authorized to meet Power and Structural Change in the of the establishment, purchase, operation at 10 a.m. on Tuesday, March 3, 1998, in Software Industry.’’ and maintenance of a PM2.5 monitoring net- open session, to receive testimony on work necessary to implement the national The PRESIDING OFFICER. Without the Department of Defense Science and objection, it is so ordered. ambient air quality standards for PM2.5 under section 109 of the Clean Air Act. This technology programs in review of the SUBCOMMITTEE ON PUBLIC HEALTH AND SAFETY implementation shall not result in a diver- Defense authorization request for fiscal Mr. LOTT. Mr. President, I ask unan- sion or reprogramming of funds from other year 1999 and the Future Years Defense imous consent that the Committee on Federal, State or local Clean Air Act activi- Program. Labor and Human Resources Sub- ties. Any funds previously diverted or repro- The PRESIDING OFFICER. Without grammed from section 105 Clean Air Act committee on Public Health and Safe- objection, it is so ordered. ty, be authorized to meet for a hearing grants for PM2.5 monitors must be restored to State or local air programs in fiscal year COMMITTEE ON BANKING, HOUSING, AND URBAN on Global Health: United States Re- 1999. AFFAIRS sponse to Infectious Diseases during (b) EPA and the States shall ensure that Mr. LOTT. Mr. President, I ask unan- the session of the Senate on Tuesday, the national network (designated in section imous consent that the Committee on March 3, 1998, at 9:30 a.m. 2(a)) which consists of the PM2.5 monitors Banking, Housing, and Urban Affairs The PRESIDING OFFICER. Without necessary to implement the national ambi- be authorized to meet during the ses- objection, it is so ordered. ent air quality standards is established by sion of the Senate on Tuesday, March SUBCOMMITTEE ON SEAPOWER December 31, 1999. 3, 1998, to conduct a hearing on S. 1405, (c) The Governors shall be required to sub- Mr. LOTT. Mr. President, I ask unan- mit designations for each area following pro- the ‘‘Financial Regulatory Relief and Economic Efficiency Act (FRREE).’’ imous consent that the Subcommittee mulgation of the July 1997 PM2.5 national on Seapower of the Committee on ambient air quality standard within one year The PRESIDING OFFICER. Without after receipt of three years of air quality objection, it is so ordered. Armed Services be authorized to meet monitoring data performed in accordance at 2:30 p.m. on Tuesday, March 3, 1998 COMMITTEE ON COMMERCE, SCIENCE, AND in closed/open session, to receive testi- with any applicable federal reference meth- TRANSPORTATION ods for the relavent areas. Only data from mony on the seapower threat-based Mr. LOTT. Mr. President, I ask unan- the monitoring network designated in sec- force requirement in review of the De- imous consent that the Committee on tion 2(a) and other federal reference method fense authorization request for fiscal Commerce, Science, and Transpor- monitors shall be considered for such des- year 1999 and the future years defense tation be authorized to meet on Tues- ignations. In reviewing the State Imple- program. mental Plans the Administrator shall take day, March 3, 1998, at 9:30 a.m. on to- The PRESIDING OFFICER. Without into account all relevant monitoring data re- bacco legislation. objection, it is so ordered. garding transport of PM2.5. The PRESIDING OFFICER. Without (d) The Administrator shall promulgate objection, it is so ordered. f designations of nonattainment areas no later than one year after the initial designations COMMITTEE ON ENERGY AND NATURAL ADDITIONAL STATEMENTS required under paragraph 2(c) are required to RESOURCES be submitted. Mr. LOTT. Mr. President, I ask unan- (e) The Administrator shall conduct a field imous consent that the Committee on NATO ENLARGEMENT: A HISTORIC study of the ability of the PM2.5 Federal Ref- Energy and Natural Resources be BLUNDER erence Method to differentiate those par- granted permission to meet during the ∑ ticles that are larger than 2.5 micrograms in Mr. MOYNIHAN. Mr. President, in diameter. This study shall be completed and session of the Senate on Tuesday, this morning’s New York Times, Thom- provided to Congress no later than two years March 3, for purposes of conducting a as L. Friedman has written a powerful from the date of enactment of this legisla- full committee hearing which is sched- critique of what he calls ‘‘fumbling on tion. uled to begin at 9:30 a.m. The purpose NATO expansion.’’ In it he refers to a OZONE DESIGNATION REQUIREMENTS of this oversight hearing is to consider letter in the spring issue of The Na- SEC. 3. (a) The Governors shall be required the President’s proposed budget for tional Interest from George F. Kennan to submit designations of nonattainment FY1999 for the U.S. Forest Service. who warns that NATO expansion is an areas within two years following the July The PRESIDING OFFICER. Without historic blunder. Ambassador Kennan’s 1997 promulgation of the revised ozone na- objection, it is so ordered. letter came in response to an article by tional ambient air quality standards. (b) The Administrator shall promulgate COMMITTEE ON ENVIRONMENT AND PUBLIC Owen Harries, editor of The National final designations no later than one year WORKS Interest, on ‘‘The Dangers of Expansive after the designation required under para- Mr. LOTT. Mr. President. I ask unan- Realism’’ in the current, winter issue graph 3(a) are required to be submitted. imous consent that the full Committee of The National Interest.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1284 CONGRESSIONAL RECORD — SENATE March 3, 1998 It is surely a rare moment when this question. You can say that the Russians NATO’s boundaries and further possible ex- three respected commentators on for- can’t stop NATO expansion. And you can say pansions of that name. So numerous and ex- eign affairs, and in Ambassador that it’s worth risking a new cold war to tensive have the distortions and misunder- Kennan’s case, a participant of historic bring these three countries into NATO. But standings on which this view is based been you can’t deny that NATO expansion has that it would be hard even to list them in a standing, each of quite distinctive contributed to Russia’s refusal to ratify the letter of this sort. It grossly oversimplifies points of view, come together in such Start 2 treaty, which is an enormous loss to and misconstrues must of the history of Rus- strong agreement. In an article in The U.S. national security.’’ sian diplomacy of the czarist period. It ig- New York Times of February 5th, 1997, War veteran: ‘‘Secretary Cohen, I thought nores the whole great complexity of Russia’s Ambassador Kennan stated that ‘‘ex- we fought the cold war to change Russia, not part in World War II. It allows and encour- panding NATO would be the most fate- to expand NATO. But now that we’ve ages one to forget that the Soviet military ful error of American policy in the en- changed Russia and should be consolidating advances into Western Europe during the that, you want to expand NATO?’’ last war took place with our enthusiastic ap- tire post-cold-war era.’’ Secretary Cohen: ‘‘NATO expansion is not proval, and the political ones of the ensuing I ask that the column by Thomas L. directed against Russia. It’s meant to secure period at least wit hour initial consent and Friedman, the letter by George F. Ken- the new democracies in East Europe.’’ support. It usually avoids mention of the nan, the article by Owen Harries, and Heckler: ‘‘If it’s meant to secure democ- Communist period, and attributes to ‘‘the the article by Ambassador Kennan in racy in new democracies, isn’t the most im- Russians’’ generally all the excesses of the The New York Times be printed in the portant new democracy Russia? And why is Soviet domination of Eastern Europe in the Cold War period. RECORD. your P.R. campaign for NATO expansion being funded by U.S. arms sellers, who see Worst of all, it tends to equate, at least by [From the New York Times, March 3, 1998] NATO expansion as market expansion for implication, the Russian-Communist dicta- OHIO STATE II their new weapons?’’ torship of recent memory with the present (By Thomas L. Friedman) Student: ‘‘I just got the spring issue of The Russian republic—a republic, the product of National Interest magazine. It contains a an amazingly bloodless revolution, which Last week the Senate Foreign Relations has, for all its many faults, succeeded in car- Committee put on a shameful performance. letter from George Kennan, the architect of America’s cold-war containment of the So- rying on for several years with an elected Senators Jesse Helms, Joe Biden & Co. rolled government, a largely free press and media, over like puppies having their bellies rubbed viet Union and one of our nation’s greatest statesmen. Kennan says NATO expansion is a without concentration camps or executions, when Clinton officials explained their plans and with a minimum of police brutality. for NATO expansion by dodging all the hard historic blunder. What do you all know that he doesn’t?’’ This curious present Russia, we are asked to questions. It’s too bad CNN couldn’t entice believe, is obsessed by the same dreams of the Clinton team to go out to Ohio State Mr. Berger: ‘‘I have the greatest respect for Mr. Kennan, but our team has its own Russia conquest and oppression of others as were again and hold a town meeting on NATO ex- the worst examples, real or imaginative, of pansion. If they had, it would sound like expert, Strobe Talbott, who speaks Russian, has written books about Russia, and some of its predecessors. this: You, I think, were among the first, if not his best friends are Russians. He couldn’t Student: ‘‘I’ve got a question for Secretary indeed the first, to bring some of the above possible be anti-Russian, and he’s for NATO of Defense Cohen. When you were here be- to the attention of your readers; and this, in expansion.’’ fore, you had a hard time defining what the my opinion, was an important and valuable Student: ‘‘Excuse me, but didn’t Talbott endgame would be if we bombed Iraq. What’s service. write the first memo to Secretary of State the endgame of NATO expansion? I mean, if GEORGE F. KENNAN, Christopher opposing NATO expansion, be- we just admit Poland, Hungary and the Princeton, New Jersey. cause. . . .’’ Czech Republic, all we will be doing is re- [From the National Interest—Winter 1997/98] dividing Europe slightly to the east. And if Bernard Shaw: ‘‘Sorry to interrupt. We’ve THE DANGERS OF EXPANSIVE REALISM we actually do what you advocate, expand got to close.’’ (By Owen Harries) NATO to the Baltic States, up to Russia’s border, we will be redividing NATO, since the [From the National Interest—Spring 1998] . . . it is sometimes necessary to repeat what all British, French and Germans are not ready THE DANGERS OF EXPANSIVE REALISM know. All mapmakers should place the Mis- to go that far because they know it would be I read your article [Owen Harries, ‘‘The sissippi in the same location and avoid origi- treated by Russia as a strategic threat.’’ Dangers of Expansive Realism’’, Winter 1997/ nality. It may be boring, but one has to know Secretary Cohen: ‘‘Son, we’ve got our 98] with strong approval. It was in some re- where it is. We cannot have the Mississippi endgame on NATO figured out just like we spects a surprise because certain of your flowing toward the Rockies, just for a change. do on Iraq. It’s called kick the can down the major arguments were ones I myself had —Saul Bellow, Mr. Sammler’s Planet In many ways NATO is a boring organiza- road and hope it all works out in the end.’’ made, or had wanted to make, but had not tion. It is a thing of acronyms, jargon, orga- Student: ‘‘National security adviser expected to see them so well expressed by nizational charts, arcane strategic doctrines, Berger, you now say NATO expansion will the pen of anyone else. I can perhaps make and tried rhetoric. But there is no gain- only cost $1.5 billion over 10 years, when just this clear by commenting specifically on cer- saying that it has a Mississippi-like cen- last year the Pentagon said it would be $27 tain of your points. trality and importance in American foreign billion over 13 years, and the Congressional First, your reference to the implicit under- policy. When, then, proposals are made to Budget Office said it could be $125 billion standing that the West would not take ad- change it radically—to give it new (and very over 15 years. How come NATO expansion vantage of the Russian strategic and polit- different) members, new purposes, new ways gets cheaper every day it gets closer to a ical withdrawal from Eastern Europe is not of conducting business, new non-totalitarian Senate vote? And how does it get cheaper only warranted, but could have been enemies (or, conversely, to dispense alto- when France says it won’t pay a dime and strengthened. It is my understanding that gether with the concept of enemies as a ra- the Czech Republic doesn’t own a single ad- Gorbachev on more than one occasion was tionale)—it is sensible to pay close attention vanced fighter jet, so it will need to buy a given to understand, in informal talks with and to scrutinize carefully and repeatedly whole new air force?’’ senior American and other Western personal- the arguments that bolster those proposals. Mr. Berger: ‘‘Our NATO numbers were pre- ities, that if the USSR would accept a united Even at the risk of making NATO boring in pared by the same accountants who said the Germany remaining in NATO, the jurisdic- new ways, it is important to get things U.S. budget was balanced. I rest my case.’’ tion of that alliance would not be moved fur- rights. Student: ‘‘Secretary Albright, you say we ther eastward. We did not, I am sure, intend Before getting down to particular argu- have to bomb Iraq, because Saddam has all to trick the Russians; but the actual deter- ments, the proposed expansion of NATO into these weapons of mass destruction. But the minants of our later behavior—lack of co- Central and Eastern Europe should be placed Russians have 7,500 long-range nuclear mis- ordination of political with military policy, in the wider context that made it an issue. siles, loose warheads falling off trucks and a and the amateurism of later White House di- For nearly half a century the United States bunch of Dr. Strangelove scientists looking plomacy—would scarcely have been more and its allies fought the Cold War, not, it for work. And we have a Start 2 nuclear re- creditable on our part than a real intention was always insisted, against Russia and the duction treaty that the Russians have signed to deceive. Russian people, but against the Soviet re- but not implemented because of resistance in Secondly, I could not associate myself gime and the ideology it represented. An im- the Russian Parliament to NATO expansion. more strongly with what you write about the plicit Western objective in the Cold War was How could you put a higher priority on realist case that sees Russia as an inherently the conversion of Russia from totali- bringing Hungary into NATO than working and incorrigibly expansionist country, and tarianism to a more or less normal state, with Russia on proliferation?’’ suggest that this tendency marks the and, if possible, to democracy. Albright: ‘‘Oh, please. You want to blame present Russian regime no less than it did Between 1989 and 1991, a political miracle everything on NATO expansion, like it’s El the Russian regimes of the past. We have occurred. The Soviet regime, steeped in Nin˜ o.’’ seen this view reflected time and again, oc- blood and obsessed with total control as it Student: ‘‘I’m sorry, Madame Secretary, casionally in even more violent forms, in ef- had been throughout most of its history, vol- but that’s not an answer. You keep dodging forts to justify the recent expansion of untarily gave up its Warsaw Pact empire,

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1285 collapsed the Soviet system upon itself, and Immediately after the end of the Cold War istration’s subsequent attempts to make a then acquiesced in its own demise—all with there was no great enthusiasm either in case for NATO’s eastward expansion in terms virtually no violence. This extraordinary se- America or Western Europe for enlarging of those interests have been perfunctory and quence of events was by no means inevitable. NATO. In the early days of the Clinton ad- shallow. A much more serious attempt has Had it so chosen, the regime could have re- ministration, Secretary of State Warren been made outside the administration, main- sisted the force of change as it had on pre- Christopher, Secretary of Defense Les Aspin, ly by commentators of a realist persuasion. vious occasions, thus either extending its and Ambassador-at-Large Strobe Talbott The case they have made, however, is badly life, perhaps for decades more, or going down were all opposed to it. flawed. in a welter of blood and destruction. That, How, then, did it come about that by the The realist case is based largely on the indeed, would have been more normal behav- beginning of 1994 President Clinton was de- conviction that Russia is inherently and in- ior, for as the English scholar Martin Wight claring that ‘‘the question is no longer corrigibly expansionist, regardless of how once observed, ‘‘Great power status is lost, whether NATO will take on new members, and by whom it is governed. Kissinger has as it is won, by violence. A Great Power does but when and how’’? It was certainly not by warned of ‘‘the fateful rhythm of Russian not die in its bed.’’ What occurred in the case a process of ratiocination, vigorous debate, history.’’ Zbigniew Brzezinski emphasizes of the Soviet Union was very much the ex- and the creation of an intellectual consensus the centrality in Russia’s history of ‘‘the im- ception. concerning interests, purposes, and means. perial impulse’’ and claims that in post-com- A necessary condition for its being so was To this day there is no such consensus, and munist Russia that impulse ‘‘remains strong an understanding—explicit according to no coherent case for NATO expansion on and even appears to be strengthening.’’ Thus some, but in any case certainly implicit— which all of its principal supporters agree. Brzezinski sees an ‘‘unfortunate continuity’’ that the West would not take strategic and between the Soviet era and today in defining HOW ENLARGEMENT HAPPENED political advantage of what the Soviet Union national interests and formulating foreign was allowing to happen to its empire and to The Clinton administration’s conversion policy. Another realist, Peter Rodman, itself. Whatever it said now, such a bargain from indifference, or even skepticism, to in- speaks in the same vein, explaining the was assumed by both sides, for it was evident sistence on NATO expansion was the result ‘‘lengthening shadow of Russian strength’’ to all involved that in its absence—if, that of a combination of disparate events and by asserting that ‘‘Russia is a force of na- is, it had become apparent that the West was pressures: ture.’’ intent on exploiting any retreat by Mos- The strength of the Polish-American vote, In arguing in this way, these commenta- cow—events would not be allowed to proceed as well as that of other Americans of Central tors are being very true to their realist posi- along the liberalizing course that they actu- and East European origin. tion. But they are also drawing attention to ally took. Further, there seemed to be basis The enormous vested interests—careers, what is one of the most serious intellectual for the United States objecting to such a contracts, consultancies, accumulated exper- weaknesses of that position—namely, that in bargain. For after all, its avowed objective tise—represented by the NATO establish- its stress on the structure of the inter- was not the eastward extension of its own ment, which now needed a new reason and national system and on how states are power and influence in Europe, but the res- purpose to justify the organization’s contin- placed within that system, realism attaches toration of the independence of the countries ued existence. little or no importance to what is going on of the region. In effect, the bargain gave the The ‘‘moral’’ pressure exerted by East Eu- inside particular states: what kind of re- United States everything it wanted (more, in ropean leaders, for whom NATO membership gimes are in power, what kind of ideologies fact, for the breakup of the Soviet Union had is principally important as a symbol that prevail, what kind of leadership is provided. never been a Cold War objective), and in re- they are fully European, and as a means of For these realists, Russia is Russia is Russia, turn required it only to refrain from doing back door entry into the European Union. regardless of whether it is under czarist, what it had never expressed any intention of Conversely, the growing eagerness of some communist, or nascent democratic rule. West European governments to grant these doing. * * * * * Now, and very much at the initiative of states membership of NATO as an acceptable ENDS AND MEANS the United States, the West is in the process price for keeping them out of, or at least de- of reneging on that implicit bargain by ex- laying their entry into, the European Union. Another of the central tenets of realism is tending NATO into countries recently va- The concern and self-distrust felt by some that if the end is willed, so should be the cated by Moscow. It is an ominous step, Germans, and not least by Chancellor means. The two should be kept in balance, Whatever is said, however ingenious and vig- Helmut Kohl, at the prospect of their coun- preferably, as Walter Lippmann urged, ‘‘with orous the attempts to obscure the facts or try’s being left on the eastern frontier of a comfortable surplus of power in reserve.’’ change the subject, NATO is a military alli- NATO, adjacent to an area of political weak- In the case of NATO expansion, this tenet is ance, the most powerful in the history of the ness and potential instability. being ignored. The NATO members are mov- world, and the United States is the dominant Growing doubts about democracy’s pros- ing to assume very large additional commit- force in that alliance. And whatever is pect of success in Russia, and fear of the re- ments at a time when they have all made claimed about spreading democracy, making emergence of an assertive nationalism there. substantial cuts to their defense budgets, Europe ‘‘whole’’, promoting stability, peace- The need of some American conservative and when more such cuts are virtually cer- keeping, and righting past injustices—all intellectuals for a bold foreign policy stroke tain. (The French Cabinet, for example, an- formulations that serve, either consciously to ‘‘remoralize’’ their own ranks after some nounced in August that the military draft, or inadvertently, to divert attention from dispiriting domestic defeats, the enthusiasm which dates back two centuries, is to be the political and strategic reality of what is of others for ‘‘a democratic crusade’’ in Cen- phased out and that defense procurement ex- now occurring—cannot succeed in obscuring tral and Eastern Europe, and the difficulty penditure is to be cut by 11 percent.) The ir- the truth that the eastward extension of of yet others to break a lifetime’s habit of responsibility of such a course of action NATO will represent an unprecedented pro- regarding Moscow as the enemy. raises the question of the seriousness of the jection of American power into a sensitive Formidable as this combination of pres- new commitments being undertaken. After region hitherto beyond its reach. It will con- sures was, it is doubtful that it would have all, such pledges have been made in the past, stitute a veritable geopolitical revolution. It been capable of converting the Clinton ad- only to be broken: Munich, 1938, was the last is not necessary to accept in its entirety the ministration on NATO expansion were it not occasion on which Western powers guaran- resonant but overwrought dictum of Sir for the addition of one other crucial factor: teed the security of what is today the Czech Halford Mackinder (‘‘Who rules East Europe Bosnia. The war in Bosnia focused American Republic. It is not only in terms of power that real- commands the Heartland; Who rules the attention on post-Cold War Central Europe, ists should be concerned with the balancing Heartland commands the World Island; Who and it did so in a most emotional way. Bos- of ends and means. They should also consider rules the World Island commands the nia also raised in acute form the question of the suitability of the instruments involved— World’’) to recognize the profound strategic the future of NATO, as the alliance’s feeble particularly the human instruments—for the implications of what the U.S. Senate is being response to the crisis cast doubt on its con- tasks at hand. Not to do so is likely to result asked to endorse.1 tinued viability, and it raised the question Why is the Clinton administration acting specifically in the context of instability in in the sort of unpleasant surprise that some in this way? And—a different question—does Central and Eastern Europe. The domino realist supporters of NATO expansion got as a result of the March 1997 Helsinki summit. it serve American interests that it is doing theory, forgotten for two decades, was quick- At that meeting, so many concessions were so, and that its expressed intention is to pro- ly resurrected and applied. ‘‘Bosnia’’ was in- made to Moscow by the Clinton administra- ceed much further along the same path? creasingly understood not as referring to a discrete event but as a metaphor for the tion that we now have an almost lunatic chronic, historically ordained instability of state of affairs: in order to make acceptable 1 When I wrote this, I thought that I was drawing a whole region. the expanding of NATO to contain a poten- attention to something that was implicit but tially dangerous Russia, we are coming close unacknowledged in the policy of NATO expansion. RUSSIA IS RUSSIA IS RUSSIA to making Russia an honorary member of But in his latest book, Zbigniew Brzezinski directly Taken together, these pressures were po- and honestly links American primacy to ‘‘prepon- NATO, with something approximating veto derance on the Eurasian continent.’’ In the same litically formidable, especially for an admin- power. chapter he quotes Mackinder’s dictum. See The istration as sensitive to pressure as was Clin- Some of the initially most ardent sup- Grand Chessboard (New York: Basic Books, 1997), ton’s. But they had very little to do with porters of expansion are now deeply dis- chapter 2. America’s national interests, and the admin- mayed by

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1286 CONGRESSIONAL RECORD — SENATE March 3, 1998 these developments. But surely the likeli- Such a decision may be expected to in- during their terms of service. They hood of such an outcome was foreseeable. flame the nationalistic, anti-Western and have rightly earned great respect and After all, they knew from the start that the militaristic tendencies in Russian opinion; admiration for the American people policy they were pushing would be nego- to have an adverse effect on the development and for American values. But they tiated not by a Talleyrand or a Metternich— of Russian democracy; to restore the atmos- have also brought the benefits of their or an Acheson or a Kissinger—but by Bill phere of the cold war to East-West relations, Clinton, the man who feels everyone’s pain. and to impel Russian foreign policy in direc- experience home and continued to con- Kissinger has been clear-eyed enough to tions decidedly not to our liking. And, last tribute to their own communities and label what happened at Helsinki a fiasco. but not least, it might make it much more to our nation as volunteers and in lead- This image of a Europe ‘‘made whole’’ difficult, if not impossible, to secure the ership positions. Returned Peace Corps again after the division of the Cold War is Russian Duma’s ratification of the Start II volunteers find their experience, their one that the advocates of NATO expansion agreement and to achieve further reductions knowledge of other cultures, and the appeal to frequently. But it is not a con- of nuclear weaponry. self-assurance they gain stand them in vincing appeal. For one thing, coming from It is, of course, unfortunate that Russia some mouths it tends to bring to mind Bis- good stead in their own careers. But should be confronted with such a challenge they also share the benefits of their marck’s comment: ‘‘I have always found the at a time when its executive power is in a word Europe on the lips of those politicians state of high uncertainty and near-paralysis. time in the Peace Corps with many who wanted something from other Powers And it is doubly unfortunate considering the others. We call this the ‘‘Domestic Div- which they dared not demand in their own total lack of any necessity for this move. idend.’’ name.’’ For another, it invites the question Why, with all the hopeful possibilities engen- To commemorate Peace Corps Day, of when exactly was the last time that Eu- dered by the end of the cold war, should more than 5,000 current and returned rope was ‘‘whole.’’ In the 1930s, when the dic- East-West relations become centered on the volunteers will go back to school today tators were on the rampage? In the 1920s, question of who would be allied with whom to speak with students about their when Germany and Russia were virtual non- and, by implication, against whom in some overseas experiences, some via satellite actors? In 1910, when Europe was an armed fanciful, totally unforeseeable and most im- camp and a furious arms race was in or phone, but most in person. This is probable future military conflict? part of the agency’s global education progress? In the 1860s, when Prussia was cre- I am aware, of course, that NATO is con- ating an empire with ‘‘blood and iron’’? ducting talks with the Russian authorities program ‘‘World Wise Schools.’’ Today When exactly? And then there is the simple in hopes of making the idea of expansion tol- more than 350,000 students in all 50 and undeniable fact that at every step of the erable and palatable to Russia. One can, in states will learn about life in commu- way—and regardless of how many tranches the existing circumstances, only wish these nities of the developing world by talk- of new members are taken in—the line divid- efforts success. But anyone who gives serious ing the volunteers who have lived ing Europe will not be eliminated but simply attention to the Russian press cannot fail to moved to a different place. Only if Russia there. For example, Peace Corps Volun- note that neither the public nor the Govern- itself were to be included would Europe be teer Amy Medley will get to talk to her ment is waiting for the proposed expansion ‘‘whole.’’ Anyone who doubts this should pen pals from Walden Middle School in to occur before reacting to it. consult an atlas. Atlanta, Georgia for the first time. She One final note: During the last few months Russians are little impressed with Amer- ican assurances that it reflects no hostile in- will be calling from Africa, where she advocates of expansion have been resorting is currently serving as a science teach- more and more to an argument of last re- tentions. They would see their prestige (always uppermost in the Russian mind) and er in Eritrea. sort—one of process, not of substance. It is As we celebrate today, interest in the that the United States is now so far com- their security interests as adversely affected. mitted that it is too late to turn back. That They would, of course, have no choice but to Peace Corps is growing. In 1997 more argument is not without some merit, for accept expansion as a military fait accompli. than 150,000 individuals contacted the prestige does count, and undoubtedly pres- But they would continue to regard it as a re- Peace Corps to request information on tige would be lost by a reversal at this stage. buff by the West and would likely look else- serving as a volunteer, an increase of But that granted, prestige is not everything. where for guarantees of a secure and hopeful more than 40 percent since 1994. In view When the alternative is to persist in serious future for themselves. of this interest and the tremendous error it may be necessary to sacrifice some It will obviously not be easy to change a decision already made or tacitly accepted by success and record of the Peace Corps, prestige early, rather than much more later. President Clinton has called for an ex- To proceed resolutely down a wrong road— the alliance’s 16 member countries. But especially one that has a slippery slope—is there are a few intervening months before pansion of the Peace Corps in his 1999 not statesmanship. After all, the last time the decision is to be made final; perhaps this budget, putting the agency on a path the argument that is too late to turn back period can be used to alter the proposed ex- to fielding 10,000 volunteers in the year prevailed was exactly thirty years ago, as, pansion in ways that would mitigate the un- 2000. This is a request and a goal I without clear purpose, we were advancing happy effects it is already having on Russian strongly support. deeper and deeper into Vietnam. opinion and policy.∑ Mr. President, for 37 years, the Peace f Corps has extended a helping hand to [From the New York Times, February 5, 1997] PEACE CORPS DAY the world and Peace Corps volunteers A FATEFUL ERROR—EXPANDING NATO WOULD have demonstrated in countless ways BEAREBUFF TO RUSSIAN DEMOCRACY ∑ Mr. COVERDELL. Mr. President, I the generosity and dedication to serv- (By George F. Kennan) rise today to acknowledge March 3 as ice that is so much a part of the Amer- In late 1996, the impression was allowed, or Peace Corps Day, celebrating the 37th ican character. So I will take this op- caused, to become prevalent that it had been anniversary this past Sunday of Presi- somehow and somewhere decided to expand portunity to salute all of our Peace dent Kennedy signing the legislation Corps volunteers, past and present, and NATO up to Russia’s borders. This despite that created the Peace Corps on March the fact that no formal decision can be made to thank them for their service. We ap- before the alliance’s next summit meeting in 1, 1961. As a former Director of the preciate all they have done and con- June. Peace Corps I want to pay tribute to tinue to do and I look forward to seeing The timing of this revelation—coinciding that organization as an example of the Peace Corps continue its out- with the Presidential election and the pursu- Americans at their best. standing record of service into the 21st ant changes in responsible personalities in Since 1961, more than 150,000 Ameri- Century. ∑ Washington—did not make it easy for the cans from all across the nation have f outsider to know how or where to insert a served in the Peace Corps in over 132 modest word of comment. Nor did the assur- countries. Today nearly 6,500 volun- COMMEMORATION OF CHIEF A. ance given to the public that the decision, MARVIN GIBBONS however preliminary, was irrevocable en- teers currently serve in the 84 coun- courage outside opinion. tries, addressing critical development ∑ Mr. SARBANES. Mr. President, I had But something of the highest importance needs on a person-to-person level, help- the honor of joining with Mrs. Mary is at stake here. And perhaps it is not too ing communities gain access to clean Anne Gibbons, a number of firefighters late to advance a view that, I believe, is not water; grow more food; prevent the from the State of Maryland, the Na- only mine alone but is shared by a number of spread of AIDS; teach English, math, tional Fallen Firefighters Foundation, others with extensive and in most instances and science; help entrepreneurs start more recent experience in Russian matters. the United States Fire Administration, The view, bluntly stated, is that expanding new businesses; and work to protect and others in dedicating the National NATO would be the most fateful error of the environment. Fallen Firefighters Memorial Chapel in American policy in the entire post-cold-war Peace Corps volunteers have im- commemoration of Chief A. Marvin era. proved the lives of many people abroad Gibbons.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1287 As I mentioned in Emmitsburg, Mrs. We take many aspects of life for granted. team as the oldest player, and come Gibbons is doing a terrific job in her Not thinking about a service until we need it home with a Silver Medal. position as a member of the National is an easy way to think . . . But how often Her rise is impressive. She was made Fallen Firefighters Foundation board— do we consider that at a moment’s notice, head coach at age 22 at the University our fire fighters will risk their lives for us? carrying on the good work for which Until the tragedy of fire or some other emer- of Tennessee while she was finishing a we honored her husband—and we are gency strikes, we hardly consider it at all. graduate degree. And she rose to the task, doing more than she had to do in extremely grateful for her continued Mr. President, behind each name en- all her jobs. Anybody else might have contributions in this area. graved in Emmitsburg is a story—a I also made mention during the cere- settled for second best under the work- story of courage, dedication and serv- mony of the many accomplishments of load. Not Pat. She wanted to succeed. ice to others—and I should mention the ‘‘Big Chief,’’ as Chief Gibbons was Pat didn’t just show up for practice that we are working to expand the Na- affectionately known by his many and blow the whistle while the players tional Memorial site there to ensure friends and associates. I wanted to ran laps. She built the women’s pro- that it continues to serve as a lasting make his legacy a part of the CONGRES- gram from nearly the ground up. She tribute to our firefighters. SIONAL RECORD because throughout his drove the team to and from games, she The National Fallen Firefighters life, I think he embodied the qualities made sure everyone had uniforms and Foundation is responsible for the Na- which make our firefighters heroes, towels, she swept the floor and she tional Memorial Service each year so leaders, and role models. looked after her players’ injuries. And that as a nation we will never forget Ever since I grew up, two blocks from she finished her degree. Pat did it all, the sacrifice that these brave men and the fire house in Salisbury, I have al- and her dedication has paid off. women make in protecting us every ways held a deep and abiding respect Pat has spoiled us in Tennessee. day. With the dedication of the Na- for the men and women of the fire serv- We’re more accustomed than most to tional Fallen Firefighters Memorial ice. This is not simply because of the winning the big games. But as long as Chapel in his memory, we hope to en- willingness of fire fighters to put their Pat’s in charge, and as long as she sure that the legacy of A. Marvin Gib- lives on the line every day, but also be- keeps bringing in the best young play- bons and his commitment to the fire cause they tend to do their jobs with ers out there and bringing out their po- service will also never be forgotten.∑ kindness and an infallible commitment tential, I think we can look forward to to serving the citizens of their commu- f a long run of great teams, first-rate nities. Indeed, there are few persons COMMENDING PAT SUMMITT ON competition and championship seasons. more deserving of our respect and ad- MAKING THE COVER OF SPORTS So I am pleased that Sports Illustrated miration than those who serve as fire ILLUSTRATED has acknowledged what so many of us fighters and first responders. already know. She’s on the cover—for ∑ I have long felt that Americans do Mr. THOMPSON. Mr. President, anyone involved in athletics, this is not pause often enough to consider the today I wish to take note of a woman one of those moments that you never critical importance of the work that of character and accomplishment who forget. firefighters do—to appreciate their sac- has recently been recognized in a Mr. President, we are proud of Coach rifice and the contribution which they unique and public way for her out- Pat Summitt in Tennessee. We’re hon- make to our nation. Throughout his standing talent and tireless work. Uni- ored to see her on the cover of Sports life, Chief Gibbons not only personified versity of Tennessee Lady Vols Basket- Illustrated. She deserves this recogni- the best of what it means to be a fire- ball Coach Pat Summitt is on the cover tion and I send along my best wishes to fighter and a public servant, but he of the March 2, 1998 issue of Sports Il- her.∑ lustrated, and I can’t think of a better also showed a strong commitment to f ensuring that firefighters receive the choice. On the caption of the cover, it recognition they richly deserve. asks what Coach Summitt’s place in COMMENDING PRIDE ANTI-DRUG This past weekend’s dedication cere- basketball history might be, and sug- GROUP FOR REPRESENTING U.S. mony was indeed a fitting tribute to gests that she is perhaps the greatest AT UN MEETING Chief Gibbons’ 42 years of lasting con- college basketball coach of all time. ∑ Mr. COVERDELL. Mr. President, the tributions to the fire service. I want to Mr. President, I think that’s a pretty Atlanta-based National Parents’ Re- again touch on one of the contributions accurate assessment. source Institute for Drug Education he made on a national level which is of As I have pointed out with more than (PRIDE) recently represented the particular interest to me. As most who a little pride before to the Senate, the United States at the World Youth Con- are involved in the fire service know, it Lady Vols have taken home the na- sultation for a 21st Century Free of was Marvin Gibbons who helped ensure tional championship trophy the last Drugs, sponsored by UNESCO and the that the National Fallen Firefighters two years in a row, and five years out United Nations Drug Control Program Memorial was located in Emmitsburg, of the last eleven. Every one of those on February 9 in Paris. Maryland on the beautiful campus of victories was both hard-fought and Jody Cameron and Gary Lewis, mem- the National Fire Academy. And it was well-deserved, and Coach Summitt was bers of the PRIDE staff, joined 21 his vision which led to the unveiling of always at the helm. In Tennessee, young people from other nations in this monument and the first annual we’re all very proud of what she’s done, drafting a Youth Charter for a 21st National Memorial Service held at Em- and fans everywhere have come to ap- Century Free of Drugs that will be pre- mitsburg in 1982. preciate just how much of the success sented to the United Nations General I was proud to introduce and push to of women’s basketball is owed to her Assembly in June. The charter will es- enact the legislation that made the efforts. She has helped to make wom- tablish a global network of youth pro- Emmitsburg site the official National en’s basketball a major interest of grams for drug abuse prevention. Memorial to all firefighters. And in sports fans, and she has helped create a PRIDE was the only American 1990, I spoke at the dedication marking great deal of opportunity for young youth-serving organization invited to the official recognition of the National scholar-athletes. attend the meeting at UNESCO head- Fallen Firefighters Memorial where I Coach Summitt has never let ‘‘no’’ quarters. Cameron and Lewis will also recall quoting an editorial from the stand in the way of getting what she take part in a subsequent meeting in Carroll County Times entitled ‘‘Fire- wanted. As the Sports Illustrated arti- Alberta, Canada in April and at the fighters Memorial: An Important Re- cle tells it, Pat grew up on a farm Special Session on Drugs of the UN minder.’’ I want to again just quote where she learned to work hard and General Assembly in New York this briefly from it, because I think this stick to a job until it was done—and summer. editorial reflects what Chief Gibbons done right. Later, after a potentially As one who has long worked with the was striving to accomplish in estab- career-ending knee injury, she defied PRIDE organization, I commend them lishing the memorial and an annual the odds and the predictions of her doc- for the recognition of their leadership ceremony in honor of our nation’s fall- tors not only to play again but to join in the drug use prevention arena that en firefighters: the 1976 Women’s Olympic Basketball is signified by their participation in

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1288 CONGRESSIONAL RECORD — SENATE March 3, 1998 these important UN efforts and know an industry leader in environmental Artesia, in improving the conditions of that the United States could not ask practices and community responsi- the streets and parks and in the cre- for more outstanding representation in bility. City Management Corporation ation of Artesia’s industrial park, po- these venues.∑ has contributed greatly to the commu- lice and fire stations, a retard dam, and f nity by ‘‘adopting’’ schools in Detroit, many other projects important to the sponsoring students in co-op education community of Artesia. ‘‘HUMANITARIANS OF THE YEAR’’ programs and offering scholarships. Mayor Thompson has not only been AWARD RECIPIENTS Tony has also made possible the res- an active mayor for Artesia; he has ∑ Mr. ABRAHAM. Mr. President, I rise toration of economic life to abandoned also served in many other leadership today to acknowledge the good work of and underutilized properties. roles. He has been a member of the Na- Dr. and Mrs. Donald Austin, of Grosse It is with great pleasure that I an- tional League of Cities, Southeastern Pointe, Michigan. Together, as a team, nounce that he is the recipient of this New Mexico Economic Development Dr. and Mrs. Austin have worked on be- year’s March of Dimes ‘‘Humanitarians District, and the New Mexico Munic- half of numerous charitable organiza- of the Year Award.’’ Mr. Soave is being ipal League, for which he has served as tions in Southeastern Michigan for al- honored with this award as a result of President, and as well as First and Sec- most thirty years. Dr. Austin, a neuro- his strong commitment to the Detroit ond Vice President He is also a tireless contributor to surgeon, and Mrs. Dale Austin, a civic community. He will be given his award community organizations. He has leader, consistently and selflessly con- at the 26th Annual March of Dimes served as president of the Artesia Ro- tribute both their time and effort to Sweetheart Ball on Saturday, March 7, 1998 in Dearborn, Michigan. I extend tary Club, the New Mexico Gideons, the their surrounding community and to Artesia Quarterback Club, and the Par- the State of Michigan. my sincerest congratulations to my very good friend Tony Soave.∑ ents and Boosters Clubs. He is the Fi- It is with great pleasure that I an- nance Chairman for the First Meth- nounce that Dr. And Mrs. Austin are f odist Church of Artesia and has a 46 recipients of this year’s March of ‘‘HUMANITARIANS OF THE YEAR’’ year association with the Boy Scouts Dimes ‘‘Humanitarians of the Year AWARD RECIPIENT of America, for which he has served as Award.’’ The Austins are being honored ∑ Mr. ABRAHAM. Mr. President, I rise everything from Cub Master to District with this award as a result of their Chairman. He is also the recipient of combined contributions to their com- today to acknowledge Anne Simons, of Detroit, Michigan for her tireless com- the Boy Scouts’ Silver Beaver Award. munity. They will be given their Mayor Thompson has been involved awards at the 26th Annual March of mitment to countless charitable causes in the Metro-Detroit area. I am very in so much as Mayor that we are Dimes Sweetheart Ball on Saturday, thankful for, but he would probably March 7, 1998 in Dearborn, Michigan. I proud, on behalf of the State of Michi- gan, to recognize her activity in many say his greatest accomplishment is his extend my sincerest congratulations to marriage of over 55 years to his wife, Dr. And Mrs. Austin.∑ organizations. It is with great pleasure that I an- Grace. Together, they have one son and f nounce that Ms. Simons is the recipi- two grandchildren. Mr. President, I would like to take ent of this year’s March of Dimes ‘‘Hu- ‘‘HUMANITARIANS OF THE YEAR’’ this opportunity to personally thank manitarians of the Year Award.’’ Ms. AWARD RECIPIENT Earnest Thompson for his years of Simons is being honored with this ∑ dedication. New Mexico will miss his Mr. ABRAHAM. Mr. President, I rise award as a result of her strong vol- tireless service and we all wish him and today to acknowledge Mr. Don H. untary commitment to the Detroit his family the best in the coming Barden, of Detroit, Michigan, for his community. She will be given her years.∑ strong commitment to causes that ben- award at the 26th Annual March of efit the Detroit community. Mr. Dimes Sweetheart Ball on Saturday, f Barden, a businessman, has guided the March 7, 1998 in Dearborn, Michigan. I RETIRING ARTESIA MAYOR Barden Companies Inc. from revenues extend my sincerest congratulations to ERNEST THOMPSON of $600,000 to over $90 million in 11 Ms. Simons.∑ ∑ years, making it the thirteenth largest Mr. DOMENICI. Mr. President, I rise black-owned business in the country. f to pay tribute to a man who is an ac- In addition, Mr. Barden is active in a TRIBUTE TO MAYOR ERNEST complished public servant and friend— variety of civic and business groups. THOMPSON Ernest Thompson, mayor for the City of Artesia, New Mexico. On March 3, It is with great pleasure that I an- ∑ Mr. BINGAMAN. Mr. President, I rise nounce that he is the recipient of this Mayor Thompson retires after guiding today to pay tribute to Mayor Ernest this southeastern New Mexico commu- year’s March of Dimes ‘‘Humanitarians Thompson who has announced his re- of the Year Award.’’ Mr. Barden is nity for the past 26 years. tirement after 26 years as Mayor of Without any hesitation, it can be being honored with this award as a re- Artesia, New Mexico. I am proud to said that Artesia, the self-proclaimed sult of his strong commitment to the honor this great New Mexican, who ‘‘City of Champions,’’ is a better place Detroit community. He will be given personifies leadership and commitment to live because of Ernest Thompson. his award at the 26th Annual March of to public service and to his commu- I want to personally thank Mayor Dimes Sweetheart Ball on Saturday, nity. Thompson for being a friend and com- March 7, 1998 in Dearborn, Michigan. I Mr. Thompson was first elected patriot over the years. He ascended to extend my sincerest congratulations to Mayor of Artesia in 1972 and has served the mayorship of Artesia in 1972, the ∑ Mr. Barden. continually for seven terms since then. same year I was elected to the U.S. f A lot has changed in Artesia since Senate. Since then, we have developed Mayor Thompson was first elected. He a very good personal and working rela- ‘‘HUMANITARIANS OF THE YEAR’’ remembers that when he first started, tionship that I believe has been as re- AWARD RECIPIENT the city had no money for some of the warding to the people of Artesia as it ∑ Mr. ABRAHAM. Mr. President, I rise most basic municipal necessities. For has been to us personally. today to acknowledge Tony Soave, of example, he remembers that the gar- Having once been in a mayoral posi- Grosse Pointe Farms, Michigan for the bage trucks didn’t even have doors. tion myself, I recognize Mayor Thomp- contributions he has made to the De- Mayor Thompson has helped to turn son’s 26 years of public service as an troit area, as well as to the State of the city around. Under him, the city’s example for anyone who wants to be in Michigan. Mr. Soave is the president of equipment has been improved, new con- politics at the local level. His tenure Soave Industries. Under his guidance, struction has been started, and represents a shining example of dedica- City Management Corporation, the en- Artesia’s economy has flourished. Dur- tion, persistence, hard work, honesty vironmental arm of Soave Enterprises, ing his tenure, Mayor Thompson has and integrity. became the largest independent waste been pivotal in bringing the Federal Like the artesian wells that were management company in Michigan and Law Enforcement Training Center to once common in the area, Artesians

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1289 have a certain pride in their commu- Enforcement Training Center. I greatly cease its practice of forcing manufac- nity that bubbles to the surface when admire city leaders who are innovative turers to sell its internet browser, they look at their past and to the fu- in creating opportunities to bring good Internet Explorer, with its widely used ture of their city. They are proud of jobs to their community. Mayor operating system, Windows 95. The the steady growth of their quaint town, Thompson, with the support of the city U.S. District Court here in Wash- its schools, and its bedrock values. In counselors, county commission and ington, D.C. agreed, and on December many cases, Ernest Thompson has citizens of Artesia, exhibited such in- 11, 1997 ruled that, pending further pro- helped foster that pride through his te- novation in attracting FLETC to the ceedings, Microsoft could not require nacious leadership. city in 1989. He greatly helped in my ef- purchasers of its operating system soft- When he leaves office this spring, he forts to convince the Treasury Depart- ware to install its browser software. will leave to his successor a city with ment that Artesia would make an at- In response to the Court’s December greater economic growth and job op- tractive host city for the training facil- 1997 ruling, Microsoft offered computer portunities, better roads and infra- ity. makers three options: (1) a version of structure, and increased services for Almost 10 years after we landed Windows which Microsoft believed did children and seniors. Through booms FLETC, I am still impressed with the not function; (2) a version of Windows and busts over the past quarter cen- innovation displayed by Mayor Thomp- which was more than two years out of tury, Ernest Thompson has been a son and the community to bring oppor- date and no longer commercially via- staunch promoter and champion of tunity to the area. Buying the aban- ble; or, (3) Windows 95 bundled with Artesia, and a stalwart defender for the doned Artesia Christian College cam- Internet Explorer. rights and needs of small towns pus and actively working to find a suit- Thanks to the Department of Jus- throughout the country. able tenant—in this case a FLETC sat- tice’s continuing efforts, however, the Mr. President, let me take a moment ellite facility—added a new and wel- storm clouds which had threatened an to recount some background on my ad- come facet to the area economy. open and competitive market for inter- mirable friend, Ernest Thompson. Taken as a whole, FLETC and other net browser software, now appear to be A native of central Texas, Ernest accomplishments will stand as a monu- fading. On January 22, 1998, the Depart- Thompson moved to Artesia in 1939 to ment to the 26 years of leadership pro- ment of Justice and Microsoft reached work in the oil and gas industry, which vided by Mayor Thompson. I will alan agreement in which Microsoft is a major component of the economy ways admire him and his qualities as a agreed to offer computer manufactur- in this region. After decades of work leader. I do not say goodbye, but con- ers a version of Windows 95 that con- and dedication to his family, he retired gratulations and thank you. I still look tained a fully up-to-date operating sys- from his job as a purchasing agent with forward to his sage advice and discus- tem without its Internet Explorer Navajo Refining Company in Artesia. sions about Artesia, Eddy County, New internet browser. Without previous political experi- Mexico and our nation. But why should we care about this? ence, Thompson was elected mayor of Finally, I think it is appropriate to We should care about this because Artesia in 1972, and has maintained a note that while Ernest Thompson was the biggest losers, perhaps, of any anti- dynamic presence in the community as working as Artesia’s mayor, he was at competitive action in the internet a member of the Artesia Rotary Club, the same time a dedicated husband and browser industry will be the millions of New Mexico Gideons, Artesia Quarter- father. I know his dear wife, Grace, is everyday people who rely on the Inter- back Club, and the Parents and Boost- thankful for his love, dedication and net. If one company gains such a huge ers Club. For almost 50 years, he has care during personally trying times. and unfair advantage, other companies been actively involved in promoting Together they are a marvelous couple. will not be able to compete; there will the Boy Scouts of America in south- Mr. President, I invite the entire be no choices and innovation will be east New Mexico. Senate to take note of this tribute to stifled. But I believe his most notable con- an outstanding local leader as he re- tributions to the public have been as tires from public office. I ask them to This brings up the issue of ‘‘open mayor. As Artesia has grown, Ernest join me and the people of Artesia in ex- standards.’’ Open standards on the Thompson has helped to improve the pressing gratitude to Mayor Ernest Internet will allow all access to the city as a whole. Since 1972, the city has Thompson for all he has done on behalf Internet without having to rely upon gained extensive infrastructure im- of others.∑ any one company or any one operating platform. Open standards work against provements including a new waste- f water treatment plant, water lines, monopolies, and ultimately benefit the flood protection structures, and street MARKET POWER AND STRUC- Internet by increasing competition improvements. Under his administra- TURAL CHANGE IN THE SOFT- among software products, resulting in tion, the city built a new law enforce- WARE INDUSTRY lower prices and a wider selection. ment center, an airport terminal, a ∑ Mrs. BOXER. I would like to com- As a Californian, I am concerned community center, as well as new fire ment on the hearing held earlier today about this issue for yet another reason. stations. Artesia’s public library and by the Senate Judiciary Committee on Cutting-edge software manufacturers senior center have been expanded and ‘‘Market Power and Structural Change from my home state provide tens of remodeled. in the Software Industry.’’ thousands of people with high-paying Through it all, Ernest Thompson has First, I would like to commend jobs, making software manufacturing worked effectively at state and federal Chairman HATCH for holding this im- one of California’s most valued indus- levels to win support for his city. As a portant hearing and for his leadership tries. Industry competition is thus vi- member of the Southeast New Mexico on this issue. tally important to my state’s interest. Economic Development District, he has Mr. President, today’s creative and I appreciate the integral role the toiled to build the area as a whole. A innovative software products enable us Microsoft Corporation has played and member of the National League of Cit- to bank, conduct research, shop and continues to play in the information ies since 1973, Mayor Thompson rallied even trade securities online. And this age—its contributions have been most for towns with fewer than 50,000 resi- is just the beginning. It is important significant and important. It has made dents as president of the Small Cities therefore, that such a vast and essen- computers and computer applications Advisory Council. He is a member of tial resource be allowed to grow and more accessible to millions of people the League’s Finance, Administration, expand in a fair and competitive envi- around the world, and for that, it de- and Intergovernmental Relations Com- ronment. But recent events had threat- serves appropriate recognition and mittee. ened to case clouds over this most fun- credit. Microsoft has been, and con- It is through this work to improve damental premise. Let me explain. tinues to be, the leader in the com- the City of Champions that Mayor On October 20, 1997 Attorney General puter industry. But other, smaller, Thompson and I have become friends. Reno announced that the Department companies must also be given a chance I take pride in having played a role of Justice would ask a federal judge to to compete in the best and oldest of in winning for Artesia the Federal Law order the Microsoft Corporation to American traditions.

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1290 CONGRESSIONAL RECORD — SENATE March 3, 1998 As we move further and further into news that Rep. Loretta Sanchez would keep erendum that approved a new stadium. They the information age, the national gov- her seat was the conclusion of a House task cite evidence of actions by city and stadium ernment must ensure that competition force that 748 illegal votes had been cast in officials to tilt the results toward a pro-sta- is not eliminated. The Department of an election decided by only 979 votes. dium vote. The scandal has already been The year long investigation established 624 marked by the registrations of the city’s Justice should therefore be commended ‘‘documented’’ cases of non-citizens voting. election supervisor and Edward DeBartolo, for acting to protect consumers and Another 124 voters cast improper absentee chairman of the San Francisco 49ers. businesses alike. Similarly, Microsoft ballots. An additional 196 votes may well Everyone supports the right to vote, but an deserves credit for agreeing to settle have been illegal, but only circumstantial equally important right is the guarantee of the issue of bundling its operating sys- evidence existed. ‘‘In the end of the day,’’ elections that are fair and free of fraud. tem software with its internet browser says GOP task force member Rep. Robert Right now a growing number of states can’t software in what the Department of Ney, ‘‘Bob Dornan was right—there were ille- guarantee the integrity of their results, and gal voters.’’ In the Sanchez race they rep- that inevitably will lead to an increasing Justice believed to be a fair and equi- resented close to 1% of all votes cast. The cynicism and disenchantment with the table manner. Both made the right danger is that if this is tolerated, it will only democratic process.∑ call.∑ get worse. f f In the wake of the Sanchez-Dornan dispute, Rep. Steve Horn, a California Repub- NATO EXPANSION AND THE EU SANCTITY OF THE BALLOT lican, called for a vote on a pilot program to ∑ Mr. MOYNIHAN. Mr. President, ∑ combat fraud in five large states. Local and Mr. COVERDELL. Mr. President, state officials would be allowed, but not re- today the Senate Foreign Relations yesterday’s Wall Street Journal lead quired, to check citizenship records with So- Committee has reported the Resolution editorial entitled ‘‘Sanctity of the Bal- cial Security and the Immigration and Natu- of Ratification to NATO enlargement. lot’’ should be a wakeup call for Amer- ralization Service. If they couldn’t verify It is appropriate at this time to inform ica’s citizens. Sadly, we can no longer citizenship, the voter would have to prove my colleagues of my intention to offer assume public officials tasked with his or her status or risk being dropped from a condition to the Resolution of Ratifi- protecting your vote are able to do so. the rolls. The program included privacy pro- cation when it comes to the Senate for The fact is, passage of the Motor Voter tections and a requirement that it be ‘‘uni- debate linking NATO expansion with form, nondiscriminatory, and in compliance Act has led to growing incidences of with the Voting Rights Act of 1965.’’ economic expansion. I am pleased to be election fraud in communities large This sensible and sensitive proposal joined in this effort by the senior Sen- and small, and the problem is getting doesn’t unduly trample on immigrant rights. ator from Virginia, Senator WARNER. worse all the time. Almost half the states already ask for all or The former Majority Leader, Howard The editorial highlights an impor- part of the Social Security number to reg- Baker, Jr., our colleague Sam Nunn, tant new national organization, the ister to vote. But Democrats, fresh from Ms. Brent Scowcroft, and Alton Frye re- Voting Integrity Project (VIP), which Sanchez’s triumph, practically accused Rep. cently wrote an article for The New Horn of reinventing the poll tax and literacy York Times in which they assert that was formed in 1996 in response to the tests of the Jim Crow era. ‘‘It is a shame, it growing abuses highlighted by the is a disgrace,’’ said Rep. John Lewis, a vet- ‘‘Linking NATO expansion to the ex- Journal. VIP is a non-profit, non-par- eran of the civil rights movement. pansion of the European Union would tisan coalition of citizens and civic In the end, the bill won a 210–200 majority, underscore the connection between Eu- groups. It organizes and trains citizens but it failed because it was brought to the rope’s security and its economy—and to protect the integrity of the vote in floor under a rule requiring a two-thirds ma- offer certification that entrants to their own community. It also inves- jority, Rep. Horn hopes to have a vote under NATO could afford to meet its defense tigates and litigates important elec- normal rules within a month. He points to a obligations.’’ growing body of evidence that the potential It is our contention that Poland, tion fraud cases, including constitu- for vote fraud is growing, noting some in the tional issues. It is the only inde- shadow of the U.S. Capitol itself. Hungary, and the Czech Republic face pendent, national organization per- In Washington, D.C. an astonishing one of no security threats, so strengthening forming this important work. every six registered voters can’t be reached their economies and democratic insti- Mr. President, VIP has learned that at their address of record. The city has lost tutions should be their first priority. it is nearly impossible to overturn 100,000 people since 1980, but registration has All three of the candidates are eager elections once they have been certified shot up to 86% of eligible voters from only to join the European Union (EU), which 58%. Nationally, the average registration and places its emphasis accordingly, in has now decided to begin accession ne- rate is only 66%. Felons, dead people, non- gotiations with them. NATO’s decision pro-active programs run by the citizens residents and fictitious registrations clog themselves. Indeed, American voters the rolls in Washington, where anyone can at Madrid to invite these countries to need to wake up to the harsh reality of walk up and vote without showing I.D. negotiate for membership preceded the today’s election process and begin to Across the Potomac River in Virginia, EU offer to negotiate accession. The equip themselves, through organiza- Robert Beers, the voter registrar of pros- EU’s offer affords the Senate an oppor- tions such as VIP, to guard the sanc- perous Fairfax County, says the Motor Voter tunity to lend support to these coun- law has increased the number of registered tity of their communities’ elections tries’ bid for EU membership, without voters, but turnout has actually fallen in re- accepting any presumption that entry and their vote. cent elections. ‘‘There is no question in my I ask that the text of the editorial be mind that we have registered people who into the EU guarantees admission to printed in the RECORD. aren’t U.S. citizens,’’ Mr. Beers told the NATO. The editorial follows: Washington Times. ‘‘Nobody worries about A provision to link admission to [From the Wall Street Journal, Mar. 2, 1998] the rolls until you get to the election that’s NATO with admission to the EU will decided by three votes. I wish they would encourage expeditious negotiations by SANCTITY OF THE BALLOT pay attention to it before it gets to that the EU, and will allow the three coun- In a rush to make it as easy as possible for point.’’ He is backing a state bill to require tries to concentrate their full resources citizens to exercise their right to vote, the voters to show some type of photo I.D. on economic modernization, rather country has created lax registration and vot- Last month Mississippi’s legislature passed ing procedures that could call into question a motor voter law, but Governor Kirk than diverting precious resources to a close election any number of states. The Fordice issued a veto because it lacked a military expenditures. 1983 federal Motor Voter law requires states voter I.D. provision. ‘‘Vote fraud is an equal I ask that the text of the condition to allow people to register to vote when they opportunity election stealer,’’ he says. His be printed in the RECORD. get a driver’s license, even though 47 states concerns about improper registrations are The text of the condition follows: don’t require proof of legal US residence echoed elsewhere. The Miami Herald has At the end of section of the resolution much less citizenship for such a license. ‘‘We found that 105 ballots in last year’s disputed (relating to conditions), add the following: have the modern world’s sloppiest electoral mayoral election were cast by felons. Last () DEFERRAL OF RATIFICATION OF NATO EN- system,’’ warns political scientist Walter month a local grand jury concluded that LARGEMENT UNTIL ADMISSION OF POLAND, HUN- Dean Burnham. ‘‘absentee ballot fraud clearly played an im- GARY, AND CZECH REPUBLIC TO THE EUROPEAN Media and political elites pooh-pooh such portant part in the recent City of Miami UNION.— concerns, but they are genuine and growing. elections.’’ This ‘‘called into question the le- (A) PROHIBITION.—The President shall not The House of Representatives has just dis- gitimacy of the results.’’ deposit the United States instrument of rati- missed an election challenge by former Rep. In San Francisco, the Voting Integrity fication prior to the latest date by which Po- Bob Dornan of California. But buried in the Project has filed suit to overturn a ref- land, Hungary, and the Czech Republic have

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1291 acceded to membership in the European Social Security system, an alternative best build on our recent progress? Because of Union and have each engaged in initial vot- flat tax and scholarships for low in- strong economic growth, for the first time in ing participation in an official action of the come students entering hi-tech fields, recent memory we face the prospect of budg- European Union. et surpluses. According to the Office of Man- (B) RULE OF CONSTRUCTION.—Nothing in all deserve our attention. It is my hope agement and Budget, we will begin running a this paragraph may be construed as an ex- that they will help spur fruitful debate surplus in 2001, and that surplus will total pression by the Senate of an intent to accept concerning how we can best approach $447 billion by 2005. as a new NATO member any country other the new century with continued eco- SURPLUS OPTIONS than Poland, Hungary, or the Czech Republic nomic growth, expanding opportunity Assuming we can maintain the budgetary if that country becomes a member of the Eu- and confidence in our fellow citizens. discipline and economic growth necessary to ropean Union after the date of adoption of I ask that Senator ABRAHAM’s speech fully realize it, the question is, what are we this resolution.∑ be printed in the RECORD immediately going to do with this surplus? Now, just f following my remarks. about everyone in Washington, DC has their The speech follows. own answer to this question. They fall into CONGRATULATIONS TO COMMU- four camps. Some say that we should use it NITY HOSPITAL AND NURSING SURPLUS POLITICS: WHAT CONGRESS SHOULD to cut taxes. Others respond that we should HOME OF ANACONDA DO use it to pay down the national debt. Still ∑ Mr. BURNS. Mr. President, it is my By Senator Spencer Abraham others have called on us to use it to ‘‘save pleasure to congratulate Community Before I begin today, I would like to say a Social Security.’’ Finally, a number of peo- few words about the situation in Iraq. When ple have said that we should use the surplus Hospital and Nursing Home of Ana- to invest in social programs, human capital conda, Montana, for being listed among I last spoke here a year ago, it was under very different circumstances. Today we face and infrastructure. the top 100 hospitals in the nation in an imminent crisis in the Middle East. As Of course, all of these answers sound 1997. The entire staff of Community you know, it is entirely possible that our good—but how we handle the specifics is Hospital, from CEO Sam Allen on troops, including a member of my own staff, very crucial. First let’s look at those who say simply down, should be very proud of their may soon find themselves in a combat situa- ‘‘cut taxes.’’ That sounds good. I for one be- tion. I know I speak for everyone in this hard work and success in caring for the lieve that one of the reasons Republicans room when I say how proud we are of the Anaconda community. were put on this Earth was to cut taxes. But young people defending our country, and how This distinction is based on an an- how? Do we just continue the recent ap- much we appreciate all that they have sac- nual performance measurement includ- proach of more targeted tax cuts, as the rificed already. I also know that I speak for President suggests? Cut a tax here, create a ing patient care, operations, and finan- everyone here when I say that I hope and deduction there? cial management conducted by HCIA pray that we can settle this crisis through and William M. Mercer, Inc. The study, Last year’s tax cut was needed and wel- diplomatic means, without putting our come. But the legislation putting it into ef- 100 Top Hospitals—Benchmarks for troops in harm’s way. But if we can’t, I know fect added or amended over 800 sections in an Success, looked at 1,300 hospitals with we will all support them in every way pos- already complicated tax code. I question fewer than 99 acute-care beds, and sible. whether we should just continue down that Community was one of 20 that made THE ECONOMY path. the Top 100 from that size category. But I came here to talk about a more Paying down the national debt sounds ap- The performance measures of the pleasant subject: our economy. And I think pealing too. But what does it really mean? Benchmarks for Success are objec- this is a pleasant subject for the simple rea- Remember, even if we use the entire pro- son that the news continues to be good. jected surplus, we would only pay down less tive—such as risk-adjusted mortality than 10 percent of the debt. And don’t forget, index and expense per adjusted dis- Gross Domestic Product is up 3.7 percent over last year, in real terms, that’s up 16.3 a significant portion of the debt is held by charge (case mix and wage adjusted)— percent since 1994. Inflation is down to 1.7 foreign investors. Does it really make sense which means that Community Hos- percent, down 27 percent since 1994. Unem- to use American taxpayers’ dollars to make pital’s success is documented by ex- ployment last year averaged just 4.9 percent, early debt payments, to foreign investors perts in the field. I know that Commu- down from 6.1 percent in 1994. Interest Rates like the central banks of China, Japan and nity’s patients and staff knew this are at 30 year lows, and down 20 percent from Germany? Saving Social Security as the President without the performance study, but I 1994. Industrial production is up 5.9 percent over last year and 14 percent since 1994. And suggests is a good idea too. But how we point this out because this isn’t a typ- might employ a short range surplus to do it we finally have managed to pass a balanced ical award. Community has built itself is the issue. For example, if we simply dump budget—one that includes tax cuts for work- the budget surplus into the Social Security into a national model, and for that I ing Americans. congratulate them.∑ The issue we face today, in my view, is Trust Fund, it would only extend the life of Social Security for less than 2 years. ‘‘how can we keep this economic growth f Which brings us to the fourth and final op- going strong into the next century?’’ And I tion: investing the surplus in social human ABRAHAM SPEECH ON BUDGET think we can see the outlines of a workable SURPLUS capital and infrastructure. Again, the ques- program right here in Michigan. If we look tion is, what does this mean? Based on the ∑ Mr. COVERDELL. Mr. President, I back to 1990, we can see the progress we have President’s speech and the comments of rise to share with my colleagues a made here in Michigan, as well as how we other such advocates in Washington, it speech which I believe provides a num- have made it. means rebuilding the Great Society, restor- ber of important ideas and policy posi- In 1990, Michigan had the highest unem- ing many of the welfare programs we re- ployment rate of any industrial state and a tions we should be discussing as we formed and launching new programs which $1.8 billion deficit, on a budget of only $8 bil- will be impossible to end or reduce at a later enter the era of budget surpluses. lion. Now our state is a thriving, fiscally re- Because of strong economic growth, date. sponsible beacon for free enterprise. Since As my colleague Chuck Grassley says, it the Office of Management and Budget 1990 Michigan has created well over half a appears that ‘‘the era of saying that the era reports that we will begin running a million new jobs, brought unemployment of big government is over, is over.’’ surplus in 2001, and that surplus will down to well under 4 percent, and produced As I have said, in Washington the debate total $447 billion by 2005. balanced budgets and even a budget surplus. over these choices has begun. And for the In a speech before the Detroit Eco- How did we get here from there? John most part the attitude is that they are mu- nomic Club on February 17, Senator Engler became governor, and he cut taxes tually exclusive. Moreover, because too over 20 times, instituted a program of regu- much of the early thinking takes a ‘‘business ABRAHAM sought to start a dialogue on latory reforms lessening the burden of a as usual’’ approach as described above, rath- how best we as a nation could approach state government on our job creators, er than a creative and innovative one, we the upcoming and unaccustomed cir- brought spending under control and balanced aren’t likely to make much progress on any cumstance of budget surpluses. In my the state budget. front. To have impact we must think in view he offered excellent suggestions But Governor Engler knows that you can terms of new ideas and approaches. And, a on how to save Social Security, provide never simply rest on your laurels, particu- set of strong pro-growth policies must under- comprehensive tax reform and invest in larly when the goal is continued prosperity. lie any strategy for using the surplus. That is why, if the Governor gets his way, If we are creative in this sense, I believe it infrastructure and human capital, all we’ll cut taxes and regulations further and is possible for us to attack the burdensome within the confines of a limited budget expand our pro-growth policies into the next tax code, the looming Social Security crisis, surplus. century. the human capital and infrastructure chal- His specific proposals, limited pri- On the national level we can’t rest on our lenges we confront, and our gargantuan debt, vate investment accounts within the laurels either. The question is, how can we and make great progress on all fronts.

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AN INTEGRATED PROGRAM annual tax reduction. By the time this cou- It’s simple—it could be computed on a post I see the doubt on your faces. You’re think- ple retired, after 35 years of consistent in- card, and it would not entail the developing we can’t do it all. And I confess to having vestment, even at a relatively low 5.5 per- ment of the kind of complicated transitional a few doubts of my own. But, for just a mo- cent rate of return, they would have $120,000 tax rules that would be required if we man- ment, suspend your judgment and consider in supplemental retirement income. dated that everyone change to a whole new Well that’s a plan for Social Security. Now several possible prescriptions. Today I want system. remember, we have used at most two thirds to share with you some ideas both as to sur- And it’s pro growth—driving down the top of the surplus. The next 25 percent we should plus priorities and as to specific policy con- marginal tax rate on individuals and busi- consider devoting to taxes. But let’s not get cepts, with the hope of starting a dialogue on nesses to 25 percent would give a tremendous into another battle over competing tax cuts. boost to incentives to work, save and invest. how we should approach the upcoming era of Instead, if we are going to employ any of the surpluses, in the best interests of Michigan Now, let me talk about how we might in- surplus on taxes, I believe it should be used vest the rest of the surplus. The final ingre- and the nation. to finance an overhaul of our antiquated tax Let’s begin with Social Security. Ladies dients we need to enjoy growth and pros- system. perity in the 21st century are an upgraded and gentlemen, if we properly use up to two- As you know, the President has said in his thirds of the surplus, we can simultaneously infrastructure combined with a well-trained State of the Union address and since, that workforce. And the remainder of the surplus save Social Security and dramatically re- whatever we do ‘‘we shouldn’t use any of the duce the federal debt. We do this, not by per- is sufficient to achieve just that. surplus for tax cuts.’’ But I find it hard to I don’t think I have to tell anyone here petuating the current system with its paltry take him very seriously when in the same about the problems we have with our infra- 1 to 2 percent return on investment, but by speeches, he himself called for major tax structure. Over half our roads and bridges employing the surplus to subsidize the tran- cuts and, more importantly, the launching of are in poor shape. That means that we must sition to a system that would allow anyone $125 billion of new, impossible to restrain, spend more on transportation. It also means in Social Security who so chooses, to invest spending programs. we must stop spending the road dollars of up to 2 or 3 percent of their earnings—or 1⁄3 So in response to the President I would say Michigan and 20 other states to subsidize to 1⁄2 of the employee share of their payroll this: if the taxpayers are sending over $400 other people’s freeways. An investment of taxes, in a private investment account. billion more to Washington then even the DC about $5 billion of the surplus per year; As you know, the Social Security system politicians asked for or expected, don’t they money that is already in the highway trans- clearly needs saving. As of now the Congres- deserve to have a tax system that’s right for portation trust fund, will make that happen. sional Budget Office estimates that it goes the 21st century, instead of the broken, in- In addition to our transportation infra- broke in 2030. If we do not take action, the trusive, complicated one we have today? structure, we need to look to our human cap- taxes needed to finance currently projected Ladies and Gentlemen, we need a tax sys- ital. No input is more important to a busi- Social Security benefits in 2030 would be tem that is fairer, simpler, and flatter and ness than properly skilled workers. And we equal to about 8 percent of Gross Domestic an IRS that is under control. We need this to restore public confidence as a nation are not producing enough highly Product—equivalent to doubling all personal in the tax system. A recent USA Today poll skilled workers. income tax rates on working Americans. found that 60 percent of Americans believe A study conducted for the Information Moreover, as I’ve said, simply deploying the the IRS ‘‘frequently abuses its powers.’’ Technology Association of America esti- surplus to the trust fund would only extend Fully 95 percent believe the tax code itself mates that there are more than 346,000 un- this between one and two years. isn’t working and must be changed. filled positions for highly skilled workers in How can we prevent such a catastrophe? If we had an Economic Protection Agency American companies. One way is by using part of the surplus to to watch over the economy the way the En- Bureau of Labor Statistics figures project fund a system of Personal Retirement Ac- vironmental Protection Agency watches over that our economy will produce 100,000 infor- counts modeled on the successful and widely the environment, the IRS code would be la- mation technology jobs in each of the next 10 used 401(k) plans. People would have the op- beled toxic. IRS forms would come with a years. Meanwhile, our universities will 1 1 tion of investing ⁄3 to ⁄2 of their payroll tax warning label: The Economist General of the produce less than a quarter that number of contributions to a Private Retirement Ac- United States has determined that the Inter- information technology graduates. count, rather than to Social Security. The nal Revenue Code is hazardous to America’s This is serious, for Michigan and for the employee would be able to invest the money economic health and could cause financial nation. Here in Michigan, 24 of every 1,000 in stocks, bonds and mutual funds. Even devastation to your family. private sector workers are employed by high- with rules guarding the safety of the invest- The problem is that we do not have major- tech firms. For the nation, the Hudson Insti- ments, the return would be far higher than ity support for any one, particular alter- tute estimates that the unaddressed short- the current system’s 1 to 2 percent. Funds native. According to surveys, the most pop- age of skilled workers throughout our econ- would accumulate tax free until retirement, ular alternative is a flat tax, but even that omy will result in a 5 percent drop in the when the employee could withdraw the bal- lacks a clear majority. This is true for a growth rate of GDP. That translates into ance. These dollars would then be used to number of reasons but, primarily, because about $200 billion in lost output, nearly $1,000 partially offset the trust funds’ obligations many fear that a flat tax might cost them for every American. to participating individuals, by a fraction of money, due to a loss of deductions and be- This problem calls for both a short term the private investment account payout. cause of concerns about some of the flat tax and a long term solution. Meanwhile, as we give people a payroll tax proposals floating around out there, which For the short term, the only immediate cut to finance their private investment ac- would essentially allow many of the most af- source of talent to fill the gap is immigra- counts, we would use an equal amount of sur- fluent Americans to pay no tax at all. tion. But, by this summer American busi- plus dollars to keep the trust fund whole. In So, what do we do? Stick with the current nesses will reach the limit on the small num- this way we would lower the financial pres- broken system? Impose a flat tax or a sales ber of highly skilled temporary workers they sure on the system over the long term, sav- tax on all Americans whether they like it or can currently bring in from abroad. Last ing it from insolvency and dramatically re- not? year our employers reached this 65,000 cap Well, here’s a proposition. Why force a new duce if not eliminate the need to raise pay- for the first time in history, and we did it by system on the taxpayers, or force them to roll taxes. the end of August. If no action is taken this live under the old one? Why not give tax- The economy also would benefit. Where year, the cap will be reached by February of payers a choice? Let’s strive to achieve some Social Security monies now exist only in 1999 and even earlier the following year. This consensus. Why not give taxpayers the op- theory or in government debt instruments, would be disastrous. If American companies tion of sticking with the old system or of they now would add to the pool of money cannot find home grown talent, and if they available for investment and expansion, thus choosing something new. To that end, with a strong plurality of cannot bring talent to this country, some of lowering interest rates and spurring growth. Americans preferring a flat tax, I’ve been ex- them will move their operations overseas, And higher growth would further strengthen ploring the concept of an Alternative Flat taking American jobs with them. the Social Security system. What is more, Tax, and I’d like to outline it here today for And that is why I am going to use my posi- we could keep our eyes on our money. your consideration. tion as Chairman of the Senate Immigration For those at or nearing retirement, includ- Rather than simply impose a new tax Subcommittee to propose that we increase ing baby boomers, this strategy would en- structure, we would allow people to opt out the number of higher skilled temporary sure that everyone receives their social secu- of the current system and choose a 25% flat workers we allow into the United States. rity. But for American young people in par- tax instead. Applicable to income above a This will keep American companies in this ticular, this would produce a substantial tax generous—family—based exclusion. country, saving American jobs and contrib- cut and greater security for their old age. No one would pay more tax under the Al- uting to the growth of the economy. It would That security is particularly important since ternative Flat Tax than they do under the also give us time to formulate a long-term one recent pool shows that more people current system, for the simple reason that solution. under 30 believe that they will personally see no one would be forced to choose the new In my view, we can produce the talent here a flying saucer in their lifetimes than be- system. in America to meet our skilled labor needs. lieve they will see a Social Security check. In addition to the optional feature, the And that’s where the surplus could come in. Under this plan, a married couple with a plan would also, of course, possess the usual Through wise investments in human capital combined income of $60,000 would get a $1,200 appeal of a flat tax: we can give kids in this city, and in every

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 3, 1998 CONGRESSIONAL RECORD — SENATE S1293 other city in America, including kids whose CONFIRMATION OF RICHARD should be clear to everyone that our opportunities seem severely limited, the YOUNG approach represents a clear contrast to chance to be part of the new high-tech econ- the literacy initiative the President omy. ∑ Mr. COATS. Mr. President, yesterday the senate voted to confirm Judge had initially proposed. Having said Our young people have what it takes to be that, we welcome President Clinton to valuable employees in our high-tech age. But Richard Young to be U.S. district judge our educational system is not giving them for the southern district of Indiana. I real education reform—you’ve come a the skills they need to succeed. The National rise today to express my strong support long way. Research Council estimates that three quar- for the senate’s actions. Judge Young We clearly have a literacy crisis in ters of American high school graduates has distinguished himself both profes- this Nation when four out of 10 of our would fail a college freshman math or engi- sionally and in community service, and third-graders can’t read. Without basic neering course. Most don’t even try. Only 12 reading skills, many of these children percent of 1994 college graduates earned de- it is my honor to commend him to the senate as an excellent choice for the will be shut out of the workforce of the grees in technical fields. 21st century. According to the 1993 Na- This is not acceptable. In a highly ad- federal bench. Judge Young has earned an out- tional Audit Literacy Survey, more vanced economy like ours we cannot con- than 40 million Americans cannot read tinue to function without highly skilled standing reputation through his eight workers. And our workers cannot continue years as Vanderburgh circuit court a phone book, menu or the directions to prosper unless our educational system judge, and as a trial attorney for 10 on a medicine bottle. Those who can’t gives them the skills they need to succeed. years before that. He has broad legal learn to read are not only less likely to To begin, I propose we invest $1 billion per background, both in his job as judge, get a good job, they are disproportion- year, the balance of the surplus, to annually and in professional organizations. Cur- ately represented in the ranks of the provide at least 100,000 more Americans with rently a member of the board of direc- unemployed and the homeless. Con- scholarships for study in scientific and tech- sider the fact that 75 percent of unem- nical areas. Let’s start training unemployed tors of the Indiana judicial conference, Judge Young also is the former presi- ployed adults, 33 percent of mothers on Americans in skills needed in the informa- welfare, 85 percent of juveniles appear- tion technology industry. Combined with ap- dent of the Evansville Bar Association. ing in court and 60 percent of prison in- proaches to increase parental choice in de- In addition, it is significant to note termining their children’s schooling and to that Judge Young has worked in the mates are illiterate. Although over $8 billion is spent by move resources out off Washington and back Department of Justice, and has served the Federal Government each year to to the school districts, local school boards as a public defender in Vanderburgh promote literacy, little progress has and parents, I believe that this investment county. can increase the skill levels of our workers, been made. Last year, President Clin- During his time as judge, Judge to everyone’s benefit. ton recognized this problem, but his Young has shown himself to be a dili- ‘‘America Reads’’ proposal offered A GOLDEN OPPORTUNITY gent worker, handling in a recent year more of the same. Under the Presi- Well, these are some of the ideas I am con- 79 jury trials. dent’s plan, the government would re- sidering, one possible blueprint for our entry However, it is not only Judge cruit one million volunteers to teach into the age of surplus. Young’s extensive experience and ex- reading, under the direction of In closing let me say I believe we have a cellent work ethic that make me con- AmeriCorps. Rather than relying on a golden opportunity. As we stand on the edge fident he will bring sound, solid hoosier of a new century, possibilities are opening up million untrained volunteers to teach values to the federal bench. Judge for all Americans. We remain the world’s reading to our young children, we of- Young also has a proven record of dedi- richest nation, and we are richer than we fered a better approach which the cation to community service. Before he have ever been. Now, after decades of over- President has now endorsed: Let’s help taxing and overspending, Washington finally took the bench, Judge Young served on our reading teachers do a better job. has managed to balance the budget and, pro- the board of trustees of the museum of Our legislation, the Reading Excellence vided we institute policies that make sense, arts and science of the community Act, would accomplish the following: soon will produce a surplus. foundation, and the community correc- But this opportunity will not be with us First, our bill would focus on train- tions advisory board. Judge young has ing teachers to teach reading—less forever. If we do not plan out how we should also served in the Easter Seals Society use the impending surplus it will disappear than 10 percent of our teachers have re- into more ‘‘Washington-knows-best’’ pro- and has had a role in supporting the ceived formal instruction on how to grams that will simply trap more Americans Evansville rehabilitation center. teach reading. Moreover, we would en- into lives of dependency and desperation. Clearly, Judge Young is a dedicated sure that teachers are taught in meth- But if we are creative we can forge a new practitioner of jurisprudence and dedi- ods proven by sound scientific research path. We can move forward, with optimism, cated servant of his community. I am to be effective, such as phonics. secure in the knowledge that our people confident he will be an excellent judge Second, the Reading Excellence Act want opportunity, not handouts, that our and a credit to the state of Indiana, economy can continue to produce prosperity, authorizes grants for extra tutorial as- and it is for this reason I offer my sup- sistance for at-risk kids. Parents with if only we will let it, and that the entrepre- port of his nomination to the federal neurial spirit remains alive in America. children experiencing reading difficul- bench.∑ We can move toward growth and prosperity ties could apply for funds to purchase for the next century if we are willing to use f extra help from a list of providers sup- the surplus as a tool to increase savings and plied by their school. investment, to get the Social Security sys- THE READING EXCELLENCE ACT Third, our bill provides literacy as- tem back on a sound footing through indi- ∑ Mr. COVERDELL. Mr. President, sistance for parents so they can be vidual choice, to overhaul our tax system, over the weekend, President Clinton their children’s first and most impor- giving greater control over their money back used his radio address to call for Sen- tant teacher. It also ensures that 95% to our taxpayers, and to rebuild the infrastructure and human capital so crucial to ate action on the Reading Excellence of the literacy funds are driven to the our economy. Act which seeks to address our Na- classroom where they will help kids Responsible, limited government, com- tion’s literacy crisis. Under the leader- the most. bined with the spirit of the American people, ship of House Education and Workforce In last year’s appropriations process, can lead us into a new century of unprece- chairman, BILL GOODLING, this bill $210 million was appropriated for a lit- dented growth and opportunity, in which the passed the other body unanimously in eracy program, contingent on passage American dream can become a reality for ev- November 1997. I have introduced simi- of an authorization bill by July 1, 1998. eryone fortunate enough to be an American. lar legislation in the Senate as S. 1596. As I stated, the House has already I would welcome your input, here and now The Reading Excellence Act is also a unanimously passed this bill. It is now or in the future, whether regarding these key component of the Senate Repub- up to the Senate to act on similar leg- principles or regarding the reforms I have lican leadership’s education package, islation before the schools let out for talked about today. I hope that we will have a chance to discuss these issues, which will the Better Opportunities for Our Kids summer. The Reading Excellence Act be so much a part of public debate in Wash- and Schools Act, or ‘‘BOOKS’’. While I will provide today’s children the tools ington in the coming months, and I thank am pleased that the President has to be successful in tomorrow’s work- you for having me speak today.∑ urged passage of our legislation, it force. Helping to ensure every child can

VerDate Mar 15 2010 00:31 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\1998SENATE\S03MR8.REC S03MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1294 CONGRESSIONAL RECORD — SENATE March 3, 1998 read is one of the best jobs skills, wel- through the morning hour be granted JAMES M. KITARHARA, 0000 MARTHA K. LENHART, 0000(MC) fare initiatives or crime bills we can and the Senate resume consideration of DOUGLAS J. LITAVEC, 0000 pass this Congress.∑ amendment No. 1682, offered by Sen- BRUCE A. PEEBLES, 0000 ALAN S. VANNORMAN, 0000(MC) f ator LAUTENBERG, to S. 1173, the ISTEA To be major legislation as under the previous order. APPOINTMENTS BY THE WILLIAMS W. MCQUADE, 0000(JA) The PRESIDING OFFICER (Mr. * DONALD C. RIVERS, 0000 MAJORITY LEADER BROWNBACK). Without objection, it is so EUGENE E. STEC, 0000 THOMAS M. WALTON, 0000 The PRESIDING OFFICER. The ordered. IN THE COAST GUARD Chair, on behalf of the Majority Lead- f THE FOLLOWING REGULAR AND RESERVE OFFICERS IN er, pursuant to Public Law 105–92, ap- PROGRAM THE UNITED STATES COAST GUARD TO BE PERMANENT points the following individuals as par- COMMISSIONED OFFICERS IN THE GRADES INDICATED ticipants in the 1998 National Summit Mr. CHAFEE. Tomorrow, the Senate UNDER TITLE 14, U.S.C., SECTION 211: on Retirement Income Savings: will resume consideration of S. 1173, To be lieutenant commander Wayne Angell of Kanasas, Terry At- the ISTEA legislation. Under the con- WILLIAM J. SHELTON, 0000 kinson of New York, John Bachmann sent agreement, the Senate will con- To be lieutenant of Missouri, Richard Billings of Iowa, clude 1 hour of debate on the Lauten- JONATHAN C. BURTON, 0000 berg amendment regarding drinking KELLY A. BOODELL, 0000 Jay W. Bixby of Maryland, Ken TROY K. TAIRA, 0000 Blackwell of Ohio, Jon A. Boscia of In- levels, with time equally divided, with ELISA P. HOLLAND, 0000 a vote occurring on or in relation to BRIAN T. MCTAGUE, 0000 diana, Donald J. Butt of Colorado, STEPHEN P. MCCLEARY, 0000 Paula Calimafde of Maryland, Marshall the Lautenberg amendment at approxi- FRANK D. WAKEFIELD, 0000 mately 10:30 a.m. Therefore, Members TERRENCE M. JOHNS, 0000 N. Carter of Massachusetts. JOHN R. MILLER, 0000 Nelson Civello of Minnesota, Jerry should be prepared for the first rollcall DAVID F. BERLINER, 0000 Dattel of Louisiana, Charles Elliott of vote tomorrow at 10:30. MICHAEL R. WASHBURN, 0000 Following that vote, the Senate will JAMES W. NELSON, 0000 Mississippi, Bill Eubanks of Mis- STUART E. DUTTON, 0000 sissippi, Gary Fethke of Iowa, David continue to consider amendments to MICHAEL G. SARAMOSING, 0000 the ISTEA legislation. I hope at least HERBERT L. OERTLI, 0000 Fisher of California, Lynn Franzoi of DWAYNE A. BERRY, 0000 California, William J. Goldbert of two of the major amendments to this RANDY D. SUNDBERG, 0000 legislation can be offered and debated KEVIN B. WILSON, 0000 Texas, Joe Grano of New York, Thomas JAMES W. MITCHELL, III, 0000 J. Healey of New York. during Wednesday’s session of the Sen- SCOTT R. LINSKY, 0000 ate. Members should therefore antici- ANN H. BRYANT, 0000 Melissa Hieger of Massachusetts, KATHERINE A. HOWARD, 0000 David R. Hubers of Minnesota, pate a busy voting day tomorrow. I cer- BRAD J. KIESERMAN, 0000 tainly hope it will be a busy voting day RICHARD J. GAY, 0000 Marlynne Ingram of Iowa, Rich Jack- JOHN HALL, 0000 tomorrow. BRIAN C. FINNEY, 0000 son of Idaho, William M. Lyons of Mis- LYNN S. SLETTO, 0000 souri, Joe Malone of Massachusetts, f TRACEY COOPER, 0000 PATRICK S. REILLY, 0000 Nancy J. Mayer of Rhode Island, Ron ADJOURNMENT UNTIL 9:30 A.M. STEVEN D. WHITEHEAD, 0000 E. Merolli of Vermont, Dan Mitchell of TOMORROW THOMAS D. TARRANTS, 0000 Washington, D.C., James A. Mitchell of DEBORAH K. DARMINIO, 0000 Mr. CHAFEE. If there is no further JOHN H. WHITTEMORE, 0000 Minnesota. ANDREW B. CHENEY, 0000 business to come before the Senate, I Byron D. Oliver of Connecticut, Au- KENNETH M. MOSER, 0000 now ask unanimous consent the Senate JOSEPH P. MCANDREWS II, 0000 brey Patterson of Mississippi, Henry M. LINDSAY R. DEW, 0000 stand in adjournment under the pre- Paulson, Jr. of New York, Susan Phil- FRANK J. KULHAWICK, 0000 vious order. GERALD S. FRYE, 0000 KEVIN M. JONES, 0000 lips of Washington, D.C., Michael E. There being no objection, the Senate, Pietzsch of Arizona, Kenneth Porter of SHANE D. MONTOYA, 0000 at 6:20 p.m., adjourned until Wednes- CHRISTOPHER H. ZORMAN, 0000 JOHN J. DRISCOLL, 0000 Delaware, Richard L. Prey of Iowa, day, March 4, 1998, at 9:30 a.m. Curt Pringle of California, Ronald W. CALEB B. PAGE, 0000 f TAY S. VOYE, 0000 Readmond of Maryland, Frank Ready BRIAN M. MCCORMICK, 0000 BLAKE E. WELBORN, 0000 of Mississippi. NOMINATIONS MICHAEL S. ZIDIK, 0000 Elaine D. Rosen of Maine, Heather RICHARD E. BATSON, 0000 Executive nominations received by THOMAS J. STUHLREYER, 0000 Ruth of New York, Linda Savitsky of the Senate March 3, 1998: DERRICK T. MASTERS, 0000 Connecticut, John L. Steffens of New RYAN K. GRIFFIN, 0000 UNITED STATES INTERNATIONAL TRADE NEVADA A. SMITH, 0000 Jersey, Thomas C. Walker of Iowa, COMMISSION CHARLES D. MILLER, 0000 Brad Walsh of Mississippi, Carolyn L. KAREN R. GROSS, 0000 THELMA J. ASKEY, OF TENNESSEE, TO BE A MEMBER LAWRENCE K. ELLIS, 0000 Weaver of Washington, D.C., Milton OF THE UNITED STATES INTERNATIONAL TRADE COM- MICHAEL M. BALDING, 0000 Wells of Virginia, James Wordsworth of MISSION FOR THE REMAINDER OF THE TERM EXPIRING NEIL A. WILSON, 0000 DECEMBER 16, 2000, VICE PETER S. WATSON, RESIGNED. THOMAS S. MORKAN, 0000 Virginia, James W. Ziglar of Wash- JENNIFER ANNE HILLMAN, OF INDIANA, TO BE A MEM- MICHAEL J. PUTLOCK, 0000 ington, D.C. BER OF THE UNITED STATES INTERNATIONAL TRADE KIMBER L. BANNAN, 0000 COMMISSION FOR THE TERM EXPIRING DECEMBER 16, JEFFREY S. SMITH, 0000 f 2006, VICE DON E. NEWQUIST, TERM EXPIRED. STEPHEN KOPLAN, OF VIRGINIA, TO BE A MEMBER OF To be lieutenant (junior grade) THE UNITED STATES INTERNATIONAL TRADE COMMIS- ANNA A. STEWART, 0000 APPOINTMENT BY THE SION FOR THE TERM EXPIRING JUNE 16, 2005, VICE JANET HOLLY L. BROWN, 0000 A. NUZUM, RESIGNED. DEMOCRATIC LEADER CHRISTOPHER T. WOODLE, 0000 IN THE AIR FORCE JONATHAN S. SPANER, 0000 The PRESIDING OFFICER. The HEATHER M. KOSTECKI, 0000 Chair announces on behalf of the THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED CHARLES V. DARR IV, 0000 STATES OFFICER FOR APPOINTMENT IN THE RESERVE JAMES E. DUNNE, JR., 0000 Democratic Leader, pursuant to Public OF THE AIR FORCE TO THE GRADE INDICATED UNDER CHRISTOPHER S. WEBB, 0000 Law 105–134, his appointment of Donald TITLE 10, U.S.C., SECTION 12203: PHILIP R. PRATHER, 0000 To be brigadier general JAVIER A. DELGADO, 0000 R. Sweitzer, of Virginia, to serve as a DEREK M. DOSTIE, 0000 member of the Amtrak Reform Coun- COL. FREDERICK H. FORSTER, 0000. TIMOTHY J. WHALEN, 0000 STEVEN B. LOWE, 0000 cil. IN THE ARMY WARREN W. WEEDON, 0000 JEANNE A. REINCKE, 0000 f THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT TO THE GRADES INDICATED IN THE UNITED STATES MATTHEW L. SEEBALD, 0000 ARMY AND FOR REGULAR APPOINTMENT IN THE MED- DWAYNE M. MORRIS, 0000 ORDERS FOR WEDNESDAY, MARCH ICAL CORPS (MC) AND JUDGE ADVOCATE GENERAL PAUL M. GILL, 0000 4, 1998 CORPS (JA), AS INDICATED, AND REGULAR APPOINT- FRANK W. KLUCZNIK, 0000 MENT (IDENTIFIED BY AN ASTERISK (*)) UNDER TITLE 10, WILLIAM T. JEFFRIES, 0000 Mr. CHAFEE. I ask unanimous con- U.S.C., SECTIONS 624, 628, 531, AND 3064: WILLIAM B. MORGAN, 0000 WILLIAM G. LEDDY, JR., 0000 sent that when the Senate completes To be colonel JAMES F. SHINN, 0000 its business today it stand in adjourn- RICHARD W. SINGLEY, 0000 FREDERICK P. HAMMERSEN, 0000 ERNEST W. GILPIN, 0000 ment until 9:30 a.m. on Wednesday, RONALD L. PERRY, 0000 BESSIE V. HOWARD, 0000 March 4; that immediately following To be lieutenant colonel JUSTIN H. WARD, 0000 DANILO L. SANTOS, JR., 0000 the prayer, the routine requests DOUGLAS E. JUDD, 0000 JOSEPH P. HUMBERT, 0000

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ALLISON L. HILL, 0000 JOHN F. BUCKLEY, 0000 JERRY W. DAVENPOST, 0000 ROBERT L. DECOOPMAN, 0000 MARK C. HICKMAN, 0000 JOHN L. HARTLINE, 0000 STEVEN P. SIMPSON, 0000 MARTIN G. SARCH, 0000 TODD R. LIGHTLE, 0000 RICHARD J. SCHULTZ, 0000 SUSAN POLIZZOTTO, 0000 JEFFREY S. HARRY, 0000 STACIE L. FAIN, 0000 JULIA DIAZREX, 0000 JUAN MERCADO, 0000 THOMAS S. MEYER, 0000 DEREK A. DORAZIO, 0000 DAVID K. SMITH, 0000 ALBERT F. ANTARAN, 0000 ROSS L. SARGENT, 0000 TROY D. LANICH, 0000 SHALAKO M. BRADLEY, 0000 WILLIAM M. KELLEHER, 0000 SAMUEL D. FORBES, 0000 BRADLEY P. HOMAN, 0000 STEPHEN J. ALVAREZ, 0000 JOHN L. PRIEBE III, 0000 GEORGE E. KOVATCH, 0000 AMY E. KOVAC, 0000 BRENDEN J. KETTNER, 0000 DAVID R. VALADEZ III, 0000 MICHAEL ANTONELLIS, 0000 RICHARD W. HANCOCK, JR., 0000 CARISSA S. CONNER, 0000 FRED MEADOWS, 0000 MITCHELL N. POORE, 0000 THOMAS M. EMERICK, 0000 RUSSELL S. SLOANE, 0000 LINDA A. STURGIS, 0000 ALLEN V. BALOUGH, 0000 DAVID D. GEFELL, 0000 ERIC J. DOUCETTE, 0000 JACQUELINE M. TWOMEY, 0000 YURI V. GRAVES, 0000 ADRIAN L. WEST, 0000 BRIAN P. KEFFER, 0000 ANN S. GILLEN, 0000 TRAVIS L. CARTER, 0000 CALEB B. HALSTEAD, 0000 KARRIE C. TREBBE, 00003 ULYSSES S. MULLINS, 0000 OWEN L. GIBBONS III, 0000 LUCINDA CUNNINGHAM, 0000 KRISTI M. LUTTRELL, 0000 CHRISTOPHER J. BUTTON, 0000 ANDREA D. CHAMPAGNIE, 0000 DWIGHT E. COLLINS, 0000 ANDREW W. ERIKS, 0000 JOHN V. REINERT, 0000 KEVIN L. IVEY, 0000 KELLY M. LARSON, 0000 ROBERT B. VILLACRES, 0000 JAMES D. HALL, JR., 0000 MARTIN L. SMITH, 0000 CAROL M. MCALLISTER, 0000 OTILIO RAMOS, JR., 0000 STEVEN A. WHEELER, 0000 KEITH O. PELLETIER, 0000

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CONGRESSIONAL AGENDA: GOALS federal bureaucracy. The result has been a African-American museum has been instru- FOR A GENERATION government increasingly out of touch with mental in exposing the history and contribu- the needs and goals of its citizens—one that tions of African-Americans to the development while well-intentioned often hurts people HON. NEWT GINGRICH more than it helps. of the San Jaoquin Valley. In 1983, an exhibit was set up as part of OF GEORGIA By balancing the budget for the first time Fresno's One Hundred Year Centennial Cele- IN THE HOUSE OF REPRESENTATIVES in a generation, we’ve taken our first real steps toward smaller, less intrusive govern- bration to show contributions African-American Tuesday, March 3, 1998 ment, but we’ve got a long way to go. settlers had made toward the growth, prosper- Mr. GINGRICH. Mr. Speaker, I wanted to Lastly, our goals reflect a fundamental be- ity, and cultural richness of Fresno County. By bring to my colleagues' attention the following lief that Americans will gladly accept per- 1988, the exhibit had gained a great deal of article from the February 24, 1998, Tipp City sonal responsibility to make the right popularity and needed to grow. Shortly follow- choices in their lives, families and commu- ing the exhibit's popularity, a donation by the Herald written by Congressman JOHN nities. While we’re committed to expanding BOEHNER regarding the Republican Agenda. freedom for individuals, we also believe—as State Center Community College District pro- [From the Tipp City Herald, Feb. 24, 1998] American’s Founding Fathers did—that with vided the space needed to move the exhibit into its first permanent exhibit hall where it re- CONGRESSIONAL AGENDA: GOALS FOR A freedom comes a certain responsibility. GENERATION Government can’t raise a family, teach a mained until 1989. The museum has moved child values, or create bonds between neigh- twice since then and now proudly rests in (By John Boehner) bors. Only people can do that—and they have downtown Fresno. If you’re like most Americans, you won’t a responsibility to do so. The African-American Historical Museum is have time to scrutinize every detail of every It makes little sense to make laws and bit of legislation tackled this year by Con- used for a variety of artistic, cultural, and his- draft legislation without stopping to reflect torical presentations. The building has served gress. Nonetheless, you’ll probably identify on the core principles behind it. My col- with the principles behind our efforts: free- leagues and I took the opportunity to do as a community center for numerous commu- dom, accountability, and personal respon- that recently, and we’re confident we’re nity groups and organizations. In addition, the sibility. moving in the right direction. African-American Museum has hosted com- My colleagues and I have begun the second We hope you and your family will agree. munity forums, meetings, workshops, and rec- half of the 105th Congress with a diverse 90- f reational activities. In an effort to combat day agenda reflecting a wide range of issues crime, enhance security, and bring about from completing IRS reform and shrinking the size of government to expanding edu- COMPETITION IS A GOOD THING much needed social and physical change with- cational opportunities for our kids. While we in the area, the African-American Museum has tackle these measures in the weeks and HON. LINCOLN DIAZ-BALART worked diligenty to enhance and improve the months ahead, we’ll also be working toward OF FLORIDA neighborhood through various projects and our long-term vision for America—some- community outreach activities. thing we call Goals for a Generation. IN THE HOUSE OF REPRESENTATIVES The African-American Museum in Fresno is Our goals for a generation include a drug- Tuesday, March 3, 1998 the only African-American Historical-Pictorial free America; the best system of learning in Mr. DIAZ-BALART. Mr. Speaker, I rise to museum in the entire San Joaquin Valley. It the works; the best and safest retirement houses some of the Valley's proudest pictorial system in the world; and modernizing, comment on the current situation regarding privatizing, downsizing, and prioritizing gov- competition in the long distance telephone moments, events, and heroes. Additionally, ernment to reduce the total tax burden on service field. Two years after Congress has the museum is working with the City of Fresno families—state, federal, and local—to no passed sweeping telecommunications reform, and the Outreach Unit from the School of Pro- more than 25 percent, with a simple, fair, we are still waiting for real long distance com- fessional Phychology and several local busi- and honest tax code. We’ll address each of petition to begin. nessmen to sponsor a total youth involvement these goals legislatively this year—and in The Federal Communications Commission conference. The conference is directed toward the years ahead—as we work for a better crime prevention and positive redirection of America in the next century. (FCC) seems to be creating more and more In the coming weeks we’ll explore the var- hoops for the regional phone companies to youth participation within the community. ious components of the 90-day agenda and have to jump through, whether it be court pro- Mr. Speaker, it is with great honor that I pay the Goals for a Generation and how they’ll ceedings or ``moving target'' standards, in tribute to the African-American Historical and affect you and your family, but first it’s im- order for them to provide long distance serv- Cultural Museum in honor of Black History portant to discuss the three principles be- ice. Month. The museum symbolizes the long and hind it all: freedom, accountability, and per- If we are ever going to see true competition storied history of contributions made by Afri- sonal responsibility. can-Americans to the development of the San Freedom, accountability, and personal rein the long distance field, the regulators at the FCC need to be sensitive to the realities of Joaquin Valley. I ask my colleagues to join me sponsibility aren’t just buzzwords; they’re in wishing the African-American Historical and key principles that cut to the core of who we enabling local carriers to offer long distance are as a people and what we value as a soci- service. Consumers deserve the opportunity to Cultural Museum many more years of suc- ety. They’re basic concepts that have defined choose from a variety of long distance service cess. America as a nation since its birth. And as options. f diverse as our agenda in Congress this year f is, they’re at the heart of everything we’ll IN HONOR OF JOHN E. MOON do. TRIBUTE TO THE AFRICAN-AMER- My colleagues and I are committed to en- ICAN HISTORICAL AND CUL- HON. DENNIS J. KUCINICH hancing freedom for Americans to live their TURAL MUSEUM OF OHIO lives, raise their families, and run their busi- IN THE HOUSE OF REPRESENTATIVES nesses without excessive government interference. We believe it’s America’s people— HON. GEORGE P. RADANOVICH Tuesday, March 3, 1998 not America’s government—that has made OF CALIFORNIA Mr. KUCINICH. Mr. Speaker, I rise today to our nation great. And the bigger and more IN THE HOUSE OF REPRESENTATIVES honor John E. Moon, Commander-in-Chief of expensive Washington gets, the smaller and the Veterans of Foreign Wars of the United more overtaxed—and less free—people get. Tuesday, March 3, 1998 We’ll also continue our drive to restore ac- States (VFW). Mr. Moon has exhibited himself countability to Washington. Decades of run- Mr. RADANOVICH. Mr. Speaker, I rise to be a model American through his proud away spending and an explosion of regula- today in honor of Black History Month to pay service to his country throughout his life. tion and red tape have created an unaccount- tribute to the San Joaquin Valley African- Mr. Moon attended Northwest State College able monster inside the Beltway—the vast American Historical and Cultural Museum. The and earned degrees in Business Management

∑ 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.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E260 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 and Human Resources. Mr. Moon entered the shining examples of how young citizens can Carol Blasingame, Sally Magneson, and Shir- United States Marine Corps in July 1968 and make a positive impact on the lives of others. ley Kirkpatrick for being recognized with the went on to a successful career of defending I commend them for their desire to help oth- Common Threads Award. I applaud the con- the interests of his nation. His outstanding ers. What they have done will encourage other tributions, ideas, and leadership they have ex- service in the Vietnam conflict earned him nu- young people to follow in their footsteps. hibited in our community. I ask my colleagues merous honors including three bronze stars, f to join me in wishing these individuals many the Vietnam Campaign Medal, the Combat Ac- more years of success. tion Ribbon, and the National Defense Service CONGRATULATIONS TO JANICE f Medal. BRALY, ELEANOR LEMA, CAROL After departing Vietnam, Mr. Moon went on BLASINGAME, SALLY HONORING THE REV. BETSY to serve as Post Commander of his local VFW MAGNESON, AND SHIRLEY KIRK- SYMLIE post, 2873, and served the people of Grover PATRICK Hill, Ohio as their mayor for sixteen years. In HON. JACK QUINN his terms as local Post Commander, he was HON. GEORGE P. RADANOVICH OF NEW YORK awarded the distinction of All State Post Com- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES mander. Mr. Moon also served on numerous IN THE HOUSE OF REPRESENTATIVES Tuesday, March 3, 1998 national committees before achieving the top Tuesday, March 3, 1998 Mr. QUINN. Mr. Speaker, I rise today to post in the VFW such as the Americanism bring to the attention of my colleagues a very committee which helps to inspire the American Mr. RADANOVICH. Mr. Speaker, I rise special person in my district, the Reverend patriotic spirit within the populace of our na- today to congratulate Janice Braly, Eleanor Betsy Smylie. tion, especially our youth. Mr. Moon was elect- Lema, Carol Blasingame, Sally Magneson and Reverend Smylie graduated from Harvard ed VFW Commander-in-Chief on August 21, Shirley Kirkpatrick for being recognized as the Radcliffe in 1975, and earned her Master of 1997 at the VFW National Convention in Salt recipients of the Common Threads Award. Divinity from Harvard in 1981. Upon gradua- Lake City, Utah. The award recognizes women whose roots tion, Reverend Smylie began her career of My fellow colleagues, join me in saluting a are in agriculture, and who have dedicated service in Western New York. true American patriot, one who believes the themselves to their community through volunteer service and philanthropic giving. Throughout her many years of service to American spirit should continue to thrive in the our community, Reverend Smylie served as hearts of all Americans, VFW Commander-in- Janice Braly of O'Neals is a former State President of California Woman for Agriculture Vicar of Ephphatha and Diocesan Missioner to Chief, John E. Moon. the Deaf. She has also demonstrated a true f and a California 4±H foundation member. Among her other accomplishments are a Uni- commitment to such important institutions for COMMENDATION OF SARA ATKIN- versity of California Davis Dean's Policy Coun- the Deaf as the St. Mary's School, Deaf Adult SON AND ERIN ENO PRUDENTIAL cil Member and Castaic School Board Asso- Services, and other agencies whose goal is SPIRIT OF COMMUNITY AWARD ciation President. She is currently a member empowerment for Western New York's hearing WINNERS of both the California Cattle Women and the impaired. Madera County Cattle Women. In addition to her tremendous service to the HON. PATSY T. MINK Eleanor Lema of Merced is a three-term Deaf, strong command of sign language, de- Chapter President of California Women for Ag- votion to God and community, and leadership, OF HAWAII she has obtained an extraordinary level of re- IN THE HOUSE OF REPRESENTATIVES riculture. She has been active in the Merced Chamber of Commerce for 10 years. Her ac- spect from our community, both as a scholar Tuesday, March 3, 1998 complishments include being a Merced County and preacher, and as an unyielding advocate. Mrs. MINK of Hawaii. Mr. Speaker, I would Farmland Trust Board member for six years, a Tragically, Reverend Smylie was admitted to like to congratulate and honor two young Ha- Merced Farm Bureau member for 20 years the hospital on January 5th, 1998 with malig- waii students from my district who achieved and a member of the Soroptimist Club, where nant brain cancer. national recognition for exemplary volunteer she served as a board member for 15 years. Mr. Speaker, today I would like to join with service in their communities. Sara Atkinson of Carol Blasingame of Fresno served as a Di- the Town of Hamburg, and indeed, our entire Kealakekua and Erin Eno of Wailuku have rector for the Big Fresno Fair Director for three Western New York community, to express our been named two of my states top honorees in years. In 1996, she was President of the La sincere best wishes to Reverend Betsy Smylie the 1998 Prudential Spirit of Community Feliz Guild. Carol is a member of the Board of for a complete and speedy recovery through Awards program, an annual honor conferred Directors of the Fresno City & County Histori- God's Healing Hand as she battles cancer. Reverend Smylie has always had a love for upon the most impressive student volunteers cal Society, Chairman of the Fresno Fair Edu- our American government. It is only fitting that across America. cation Program, serves on the Ag Fresno Ad- I now ask my distinguished colleagues to join Sara Atkinson is being recognized for her visory Board, and is a member of California me in prayer for the Reverend Smylie, and for initiative in developing a mentoring program Women for Agriculture. her husband, Reverend John Smylie, and their for children who were at-risk for violence and Sally Magneson of Ballico served as Presi- children, Shemaleiah and Nathan. substance abuse. Today, through Sara's com- dent of the P.T.A. at three different schools, mitment, over forty children now have men- as a Brownie Leader, and as a Cadet Scouts f tors. These mentors not only counsel, but also Leader. She is a past President and the IN HONOR OF REVEREND WATKINS participate in other community services like founding member of the League of Women fund raising and food drives that benefit Ha- Voters of Merced County. Sally was formerly HON. CHARLES E. SCHUMER waii's needy. I commend Sara for her dedica- active on the California State Reclamation OF NEW YORK tion to assist and improve the community in Board, as the President of the Sierra Club of IN THE HOUSE OF REPRESENTATIVES which she lives. Merced, and as a member of the Merced Erin Eno is being recognized for her com- County Library Commission. Tuesday, March 3, 1998 mitment to help the elderly. Erin sewed lap Shelly Kirkpatrick of Exeter is a 4±H Dia- Mr. SCHUMER. Mr. Speaker, it is with great blankets and wheel chair bags for residents at mond Star, an Officer of the Central California pride and pleasure that I write to congratulate a local nursing home. When Erin was told she Chapter of California Press Women's Associa- you on your calling to serve as the Senior was too young to volunteer, she decided to do tion, and a member of the Tulare County Pastor of the 125 year old Nazarene Con- something on her own initiative. She solicited Cattlemen Association. She is the founding gregational United Church of Christ in Brook- fabrics from a local factory and generously member of the Tulare County Chapter of Cali- lyn. gave her time and talent to sew blankets and fornia Women for Agriculture and was elected As a native son of the State of Texas you wheelchair bags that benefited local nursing to the Recreation Commission for the City of exemplify the belief that everything and every- home residents. Erin is strongly committed to Exeter. Shirley currently serves on the Tulare one in Texas is just a little larger than life. contributing to the community. Through her County Planning Commission and is a mem- Your illustrious background has encompassed creativity and ingenuity she found a way to as- ber of the California Farm Bureau Land Use ministering to students at numerous colleges, sist senior citizens in her community. Commission. universities and churches. I applaud the selfless contributions made by Mr. Speaker, it is with great honor that I You have also served your country with ex- Sara Atkinson and Erin Eno. I believe they are congratulate Janice Braly, Eleanor Lema, cellence as Coordinator of Health, Education

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E261 and Welfare Transition Planning Group for the land Police Department, on her retirement But, it is not easy. I know first-hand the Ford-Carter Transition. As a scholar of all fac- after twenty-five years of public service. Her challenges and difficulties faced by Peace ets of economic justice, you served as a con- outstanding service to the city of Cleveland Corps volunteers. I also know the tremendous sultant to President Carter in several upper will not be forgotten. rewards from my own Peace Corps experi- level positions which provided economic as- Lt. Duvall entered the Cleveland Police De- ence. Simply put, it changed my life. When I sistance to many Americans. partment on February 20, 1973 and soon after graduated from college in 1964, my dreams Your belief that ``Loving pastoral care and became one of the first females assigned to were to play pro-football, make big money, efficient management of the business of the basic patrol. During her tenure in the Fourth and drive fast cars. Instead, I found myself church is extremely important if greater em- District of the department, Lt. Duvall worked teaching English and riding a bicycle through phasis is to be placed on the spiritual develop- as a Scientific Investigative Unit and was in- the jungles of Thailand. ment of the congregation'' is a phrase which strumental in combating the prostitution prob- I remember my first night in Thailand. While embodies your caring and intelligent concern lem in Downtown Cleveland. Lt. Duvall sitting in a restaurant, I watched a cat chase for your fellow man. achieved the rank of Sergeant in 1981 and be- a rat across the floor and devour it. I thought, I feel that the lives of the parishioners of the came a supervisor of the Hostage Negotiation ``what am I doing here?'' But as my experi- Nazarene Congregational United Church of Team. Lt. Duvall continued her work in the de- ence progressed, and I got to know the villag- Christ will be greatly enriched by your spiritual partment as a member of the Child Pornog- ers, my entire outlook on life changed. I came leadership. It is my most sincere hope that raphy Task Force and was an original member home to America with a better understanding you will continue to enjoy good health for of the Ohio Children's Trust Fund. and appreciation of the world, with my prior- many years to come and that you will be able Lt. Duvall achieved a hallmark in her career ities in order, and prepared for a life of public to fulfill all your plans for the future. in 1982 when she became the first female po- service. f lice officer to head a vice unit in America. Lt. Peace Corps Day '98 continues the proud Duvall was promoted to her current rank of legacy of the Peace Corps to instill within TO ESTABLISH A SELECT COMMIT- Lieutenant in 1982 and continued her fight for young people an understanding of the impor- TEE ON POW AND MIA AFFAIRS the protection of children. Lt. Duvall graduated tance of service and to foster a better appre- from the F.B.I. National Academy in 1984 and ciation for the world. Today, more than HON. JIM RAMSTAD earned a Bachelor of Science degree from 350,000 students in all 50 states learned OF MINNESOTA Dyke College in 1993. Lt. Duvall was recently about life in developing countries by talking IN THE HOUSE OF REPRESENTATIVES named Detective Bureau Coordinator in the with former Peace Corps volunteers who Tuesday, March 3, 1998 Bureau of Special Investigation in Cleveland in served overseas. Some students were able to Mr. RAMSTAD. Mr. Speaker, over 2,100 1995. learn about the experiences of volunteers cur- My fellow colleagues, join me in saluting a Americans are still unaccounted for from the rently serving in countries like Panama model police officer, a woman who has pio- war in Vietnam, over 8,100 from the Korean through video conferencing and speaker neered numerous fields within the Cleveland Conflict, and nearly 78,800 from World War II. phone. police department, Lieutenant Lucie J. Duvall. After 37 years, Peace Corps volunteers con- It is imperative that the accounting of each f tinue to work against hunger, illiteracy, and and every one of our POWs and MIAs be poverty to provide more opportunities to peo- given the highest priority by our government IN RECOGNITION OF PEACE CORPS ple around the world. Their years of service and by this Congress. DAY ’98 Because I feel so strongly about finding new has improved the lives of millions. The suc- information on American POWs and MIAs, cess of Peace Corps volunteers and the con- and as a result of the hundreds of thousands HON. TONY P. HALL tinuing needs of the developing world has of family members who want to find the truth OF OHIO prompted President Clinton to request more about their loved ones, I am asking my col- IN THE HOUSE OF REPRESENTATIVES funding for the Peace Corps in order to in- leagues to cosponsor H. Res. 16Ða resolution Tuesday, March 3, 1998 crease the number of volunteers. At the same establishing a Select Committee on POW and time, interest in the program has increased Mr. HALL of Ohio. Mr. Speaker, today edu- within the American public. In 1997, there was MIA Affairs. cators and former Peace Corps volunteers As many of you know, the Senate Select a 40% increase of individuals interested in came together across the country to take part serving as a volunteer since 1994. Committee on POW/MIA Affairs released its in Peace Corps Day '98. By speaking in class- final report several years ago. But as Mem- Today, on Peace Corps Day '98, the Peace rooms throughout America, returned Peace Corps deserves our appreciation and highest bers of Congress, we need to keep asking the Corps volunteers shared their experiences tough questions and demanding hard answers recognition as they continue to instill the value with a new generation of Americans to en- of service and volunteerism to young people on this issue. hance cross-cultural understanding, and This proposed Select Committee on POW throughout our nation. strengthen global education. The events of f and MIA Affairs will conduct a full investigation Peace Corps Day '98 teach young people the of all unresolved matters relating to any United value of service to those who are in need. TRIBUTE TO THE DOMINICAN HER- States personnel unaccounted for from the Since 1961, when the Peace Corps was es- ITAGE CELEBRATION COMMIT- Vietnam era, the Korean conflict, or World tablished by President John F. Kennedy, over TEE OF HOSTOS COMMUNITY War II, including MIAs and POWs. 150,000 men and women have volunteered in COLLEGE ON ITS CELEBRATION This temporary select committee will present over 132 countries around the world. I am OF THE INDEPENDENCE OF THE it's final report by January 5, 1999, setting proud to say that I am one of the 6,500 Ohio- DOMINICAN REPUBLIC forth its findings and recommendations as a ans among that number. result of its investigation, and then terminate. For 37 years, the Peace Corps has brought ´ We must continue with vigilance the work by HON. JOSE E. SERRANO together bright, energetic people who are our government to achieve a full accounting of OF NEW YORK committed to service, and has equipped them every American POW/MIA. We have a moral IN THE HOUSE OF REPRESENTATIVES with the tools to serve in foreign countries as obligation to give this issue our immediate and representatives of peace. Today, over 6,500 Tuesday, March 3, 1998 undivided attention. Please join me in this ef- Americans serve as Peace Corps volunteers Mr. SERRANO. Mr. Speaker, I rise to pay fort and cosponsor H. Res. 16. in over 84 countries. These individuals are tribute to the Dominican Heritage Celebration f helping to create a better future for the local Committee of Hostos Community College in IN HONOR OF LUCIE J. DUVALL people with whom they work. Peace Corps my South Bronx Congressional District on its volunteers are laboring to help communities celebration of the independence of the Domin- HON. DENNIS J. KUCINICH improve sanitation, cultivate food, and gain ac- ican Republic during the week of February OF OHIO cess to clean water. These volunteers are 27±March 5, 1998. teaching English, math, and science; and On Friday, thousands of members and IN THE HOUSE OF REPRESENTATIVES helping local entrepreneurs start new busi- friends of the Dominican community gathered Tuesday, March 3, 1998 nesses. Most importantly, however, Peace at the Hostos Center for the Arts & Culture Mr. KUCINICH. Mr. Speaker, I rise today to Corps volunteers are America's diplomats of Small Theater to open Dominican Heritage honor Lucie J. Duvall, Lieutenant of the Cleve- peace and friendship around the world. Celebration Week.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E262 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 The week-long celebration will feature a mour and Pease in Cincinnati, and served on battle or industry court battle. First, the wide variety of entertainment for all age the Board of Directors of the Center for Reso- telecom industries need to honor the intent of groups. A series of concerts, art exhibits, lec- lution of Disputes. In all these years, and with the act. Second, I am concerned that the FCC tures and cultural performances will take place all these accomplishments, he has remained a continues to advance in its own direction on to commemorate the contributions of devoted family man. He and his wife, Virginia, many issuesÐa direction this Congress did Dominicans to our community and our nation. have raised eight children and now have twen- not authorize. Somehow, we have to demand Now numbering more than 600,000, ty-three grandchildren. that the FCC and the regulators commit to im- Dominicans are the fastest growing Hispanic All of us in Greater Cincinnati congratulate plement this act the way we intended. immigrant community in New York City. With Gene Ruehlmann on his deserved selection And for clarificationÐwe intended less regu- the election of the first Dominican to the City as a Great Living Cincinnatian, and thank him latory constraints and more competition in the Council, the Honorable Guillermo Linares, and for his many years of distinguished service to marketplace. The competition we envisioned that of New York State Assemblyman, the our community. between the various telecommunications in- Honorable Adriano Espaillat, we are witness- f dustries would secure lower prices for con- ing a new generation of Politicians with Do- sumers, improve service to the American con- RECOGNITION OF NATIONAL minican roots. That is an encouraging ad- sumer, and accelerate the development of SPORTSMANSHIP DAY vance. new technological breakthroughs in the tele- Although the celebration is in the Bronx, the communications market. I hope we see the events bring people from all over New York HON. ROBERT A. WEYGAND competition we envisioned as soon as pos- City to celebrate. Organizations have encour- OF RHODE ISLAND sible. aged different cultural and social organizations IN THE HOUSE OF REPRESENTATIVES to take part in the festivities. Tuesday, March 3, 1998 f The week-long celebration will have numer- Mr. WEYGAND. Mr. Speaker, I rise today to A TRIBUTE TO THE HONORABLE ous activities for the community to enjoy. Folk- recognize and honor today's eighth annual ERNEST THOMPSON, MAYOR OF loric bands will entertain the crowds and there celebration of National Sportsmanship Day. ARTESIA, NM will also be foods and crafts typical to the Do- The objective of National Sportsmanship Day minican Republic. is to promote the critical role of ethics, hon- HON. JOE SKEEN Mr. Speaker, it is with enthusiasm that I ask esty, and fair play in athletics and society in OF NEW MEXICO my colleagues to join me in paying tribute to general. this wonderful celebration of Dominican cul- Today, at more than 10,000 schools in all IN THE HOUSE OF REPRESENTATIVES ture, which has brought much pride to the 50 states and over 100 countries, children will Tuesday, March 3, 1998 Bronx community. be taught the skills of good sportsmanship and f Mr. SKEEN. Mr. Speaker, I rise today to the importance of playing fair in sports and in recognize the accomplishments of Ernest A SALUTE TO EUGENE P. life through programs, contests, and other ac- Thompson, who has served the last quarter- RUEHLMANN: 1998 GREAT LIVING tivities. The skills these children learn will century as Mayor of the City of Artesia, which CINCINNATIAN guide them through a lifetime of choices both is located in my congressional district in south- on the court and off the field. eastern New Mexico. This program began at the Institute for Inter- Mayor Thompson was first elected in 1972. HON. ROB PORTMAN national Sport, located in my district at my OF OHIO Today, the voters of Artesia will go to the polls alma mater, the University of Rhode Island. to select a new mayor, and they will find his IN THE HOUSE OF REPRESENTATIVES Since it's inception in 1990, this program has shoes hard to fill. Mayor Thompson has been Tuesday, March 3, 1998 touched the lives of hundreds of thousands of active in the New Mexico Municipal League, Mr. PORTMAN. Mr. Speaker, today I recog- young people across the world. The institute having served as President and as a member nize a prominent Cincinnatian and a friend, provides information and materials to partici- of the board of directors. In the National Eugene P. Ruehlmann, who was recently hon- pating schools on sports ethics, healthy com- League of Cities, the Mayor served as Presi- ored by the Greater Cincinnati Chamber of petition, and fair and equitable play. dent of the Small Cities Advisory Council and Commerce as a Great Living Cincinnatian. I Mr. Speaker, I ask my colleagues to join me is a current member of the Finance, Adminis- thank him for the vision and service that he in applauding those participating in this worth- tration and Intergovernmental Relations Com- has so generously given to our area, and for while program, and in extending my congratu- mittee. the model he provides today. lations to the Institute for International Sport In 1939, almost 60 years ago, Mr. Thomp- Mr. Ruehlmann, a native Cincinnatian, grad- for being recognized by the President's Coun- son moved to Artesia from central Texas. He uated from the University of Cincinnati in 1948 cil on Physical Fitness and Sports. worked at the local Navajo Refining Company I would also like to include in the RECORD and Harvard Law School in 1950. He served until his retirement. They Mayor is a member the letter received by the Institute for Inter- in the Marine Corps and then began a long of the First United Methodist Church, and has national Sport from the President's Council on career in public service. The major trans- spent the last 46 years as an active supporter Physical Fitness and Sports. formation of Cincinnati's innovative downtown of the Boy Scouts of America; having served began under Mr. Ruehlmann's leadership. As f as cub master, scout master, explorer leader, a member of the Cincinnati City Council and GOVERNMENT AUTHORITY AND area executive board member and district as Mayor of Cincinnati, he led the effort to MANDATES ARE NOT BENE- chairman. He is a recipient of the Boy Scouts keep the Reds in Cincinnati, attract a National FICIAL TO ECONOMY COMPETI- of America's Silver Beaver Award. Football League franchise to the city, build TION During Mayor Thompson's administration he Riverfront Stadium (now Cinergy Field) and initiated and completed almost $30 million of construct the Albert B. Sabin Convention Cen- HON. JOHN LINDER important and necessary local construction projects including a law enforcement center, ter. OF GEORGIA Following the race riots in 1967, Mr. two fire stations, the Artesia center, a new IN THE HOUSE OF REPRESENTATIVES Ruehlmann worked to heal the city. He refor- warehouse, an airport terminal, a wastewater mulated the city's Human Relations Commis- Tuesday, March 3, 1998 treatment plant, the remodeling and expansion sion, and founded the Mayor's Housing Co- Mr. LINDER. Mr. Speaker, I do not believe of the Artesia Senior Citizens Center, the re- ordinating Committee and the city's Project that government authority and mandates are modeling of City Hall, the expansion and re- Commitment. beneficial to economic competition. In fact, na- modeling of Artesia Library, and several street He has given his time to numerous chari- tions that have achieved the most impressive and water/wastewater infrastructure projects. table and community organizations, such as growth in the past have not been those with Many of these projects were assisted with fed- Children's Hospital, Children's Hospital Medi- rigid government controls. Our telecommuni- eral funding through Urban Renewal, Neigh- cal Center, Greater Cincinnati Foundation, the cations bill last Congress was an example of borhood Development and Community Devel- Work and Rehabilitation Center, March of our putting trust in the power and potential of opment Block Grants which were also Dimes and the National Conference of Chris- the marketplace. matched by the State of New Mexico. tians and Jews. Along the way, he has built a For the past two years, however, I have Mr. Thompson has been active in Artesia's successful law practice with Vorys, Sater, Sey- watched and read about the latest regulatory important local civic groups including the

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E263 Artesia Rotary Club, the New Mexico Gideons, tonomy. There also is some evidence that officials, but it is often impossible to discern the Artesia Quarterback Club and the Artesia Hong Kong officials may be seeking to influ- the motives behind the policy. For example, Parents and Boosters Club. Mayor Thomp- ence policies on the ‘‘mainland.’’ But on the Hong Kong government’s decision to re- more sensitive issues such as President quire more than three hundred schools to son's wife of 55 years, Grace, has always lent Jiang’s interaction with protesters, Hong comply with a directive to use Cantonese as her loving support for his many efforts and ac- Kong officials may be attempting to put on the medium of instruction in secondary complishments on behalf of the citizens of a good face for Beijing. If such attempts to schools (while allowing more than one hun- Artesia. They have one son and two grand- ‘‘out royal the queen’’ are really occurring in dred schools to continue to teach English) children. Hong Kong, a subtle and seemingly invisible could either be a ‘‘practical’’ decision to im- I ask my colleagues today to take a special erosion of Hong Kong’s autonomy could be prove understanding and instruction in the moment to recognize and thank Mayor happening without being fully discernible. schools or a ‘‘patriotic’’ move. Thompson for his 26 years of outstanding and BEIJING: HONORING ITS COMMITMENTS Similarly, opposition politicians in Hong Kong have vigorously criticized the Hong Chinese officials in Beijing and Hong Kong distinguished service and congratulate him on Kong government for its handling of the who are responsible for implementing the a job well-done. Artesia will always fondly re- Avian flu crisis, arguing that an embargo ‘‘one-country, two-systems’’ legal framework member the accomplishments of the Mayor: was not placed on birds from China for fear are clearly bending over backwards to dem- Ernest Thompson. of angering Chinese officials. However, the onstrate a policy of non-interference in the Hong Kong government quickly consulted f areas of Hong Kong’s autonomy (every as- and cooperated with international health of- pect of governance except, as specified, for- THE SPEAKER’S TASK FORCE ON ficial in an attempt to contain the flu. They eign affairs and defense). In meeting after also eventually and completely banned the THE HONG KONG TRANSITION meeting, officials of Hong Kong and China importation of chickens from China, thereby reiterated the ‘‘one-country, two-systems’’ placing significant economic hardship on framework and provided anecdotes of deci- HON. DOUG BEREUTER local producers in China, and slaughtered sions with which Beijing or its representa- OF NEBRASKA and discarded all chickens in Hong Kong. tives in Hong Kong were not involved—like IN THE HOUSE OF REPRESENTATIVES Hong Kong’s defense of its own currency dur- POLITICAL AND LEGISLATIVE ACTIVITY Tuesday, March 3, 1998 ing the monetary crisis. In one instance, a One real caveat to the ‘‘so far, so good’’ Mr. BEREUTER. Mr. Speaker, the following Chinese official recounted that he was infor- characterization of the Hong Kong transition mally approached by a Hong Kong official is the roll back of democratic reforms in is the second quarterly report of the Task about an issue falling in the monetary policy Hong Kong. Though Chief Executive Tung Force on the Hong Kong Transition. It follows arena. That official recounted declining to Chee-hwa argues that the number of directly the first report dated October 1, 1997, and it offer an opinion because it was in Hong elected seats of the Legislative Council was prepared and compiled by those Mem- Kong’s own autonomy. Another example of (Legco) will increase to thirty by the year bers of Congress (Representative DOUG BE- deference occurred when PRC officials re- 2004, he bluntly admits that democratic re- REUTER, Representative ALCEE HASTINGS, and portedly approached Hong Kong officials reform in Hong Kong is ‘‘not a priority at this Representative DONALD MANZULLO) who trav- garding South Africa’s mission to Hong Kong moment.’’ He says that he will do ‘‘what is eled to Hong Kong, Macau, Shenzhen, and (a matter all parties agree lies within Bei- right for Hong Kong’’ and that, he makes jing’s sole authority for foreign affairs). clear, is to let democracy mature slowly. Beijing from December 13±20 as part of their One good test of the non-interference of The Task Force’s initial report character- responsibilities as Members of the Task Force. PRC officials is Hong Kong’s self-reporting ized the changes in Hong Kong’s elections The report reflects the observations of the under two key international covenants on laws as a ‘‘remaining concern.’’ While it ap- Task Force during the trip but also includes human rights. When pressed on the issue, Ma pears that all major political parties in Hong other information compiled before and after Yuzhen, PRC Ministry of Foreign Affairs Kong are active in preparing for the May 1998 the trip up to December 31, 1997. Commissioner, stated that his office intends Legco elections, the number of votes cast to function only as a ‘‘conveyor belt’’ trans- will diminish because of changes to Hong SUMMARY OF SECOND REPORT ferring the reports from Hong Kong to the Kong’s Electoral Law which abolished mass- In the first report of the Speaker’s Task United Nations in New York without sug- membership functional constituencies and Force on the Hong Kong Transition, Hong gested changes or even recommendations. restricted the numbers of Hong Kongers eli- Kong’s reversion to China was characterized One example of Hong Kong’s continued au- gible to vote in the thirty functional seat as ‘‘so far, so good.’’ Six months after the of- tonomy involves the decision to let British contests. Unlike the September 1995 Legisla- ficial reversion that characterization still expatriates in the Hong Kong government tive elections, when more than two million applies. However, nearly all observers agree join the official PRC delegation to such Hong Kongers had votes in functional con- it is ‘‘too early to tell’’ whether Hong Kong international organizations as the World In- stituencies in addition to their votes in the will be greatly affected by the transition tellectual Property Organization. Moreover, districts where they lived, in 1998 only 200,000 and/or whether the United States’ significant Hong Kong officials demonstrated their au- voters will be eligible to pick the 30 legisla- interests in Hong Kong will be adversely af- tonomy at the last Working Group meeting tors representing functional constituencies. fected. From all perspectives both within in Geneva on China’s accession to the World (News reports show registration of func- and outside of Hong Kong, the very negative Trade Organization by submitting seventeen tional constituencies to be very low but it is scenarios for Hong Kong, which many had questions in China’s new services offer. difficult to determine whether general apa- predicted thus far, have not occurred. Un- But the question remains as to whether thy or apathy created by electoral law doubtedly, this is due in part to a deter- Hong Kong officials are altering their ac- changes have caused this low registration mined effort by officials from the People’s tions so as to please Beijing on certain mat- turnout.) Republic of China (PRC) to respect Hong ters. One Hong Kong journalist termed this Moreover, while it is impossible to prove Kong’s autonomy under the ‘‘one-country, practice the new ‘‘political correctness.’’ the motive for the election law changes, it is two-systems’’ formula. Despite the fact that This practice could greatly influence how clear that the Democratic Party will lose the fundamental underlying reasons for Chi- the Hong Kong government handles the re- representation in the newly constituted na’s stance remain the same, there is no as- quirement in Article 23 of the Basic Law Legco because of the aforementioned surance that the outcome from those objec- that it enact laws prohibiting acts of trea- changes and because of the additional elec- tives will still prevail. son, secession, sedition, subversion against tion law changes requiring use of a ‘‘propor- To date, the Hong Kong people seem to the Central Government, and theft of state tional representation’’ system to determine enjoy the same basic liberties and rights secrets. However, while many people accuse election winners. Martin Lee, Democratic they enjoyed prior to the reversion. How- Hong Kong officials of this ‘‘political cor- Party Chairman, predicts that the represen- ever, this is tempered by the abolition of the rectness’’ toward Beijing, the only evidence tation of ‘‘Democratic Party and friends’’ Legislative Council and its replacement by a of such actions occurring involves the Hong will fall from twenty-six in the abolished provisional legislature which was ‘‘selected,’’ Kong government’s alleged movement of pro- legislature to fifteen in the newly elected but not elected, by the people of Hong Kong. testers away from a site where President legislature in May of 1998. Most observers agree that Hong Kong and Jiang Zemin was to be during his visit to Most political observers in Hong Kong Beijing officials responsible for implement- Hong Kong, the removal of Taiwan flags have welcomed the Provisional Legislature’s ing the ‘‘one-country, two-systems’’ frame- from a public bridge during that Taiwan’s adoption of a doctrine of ‘essentiality,’’ i.e., work are ‘‘on their best behavior.’’ Yet, one national day, and also an alleged informal only considering and approving legislation overriding concern remains: Are Hong Kong request from the PRC for an opinion by a that is absolutely essential during its transi- officials subtly anticipating what Beijing de- Hong Kong official on an international mon- tion period until an elected legislature is put sires and not in all instances vigorously pur- etary policy issue. into place. However, it is unclear whether suing the autonomy they have out of fear Many other controversial issues are la- the Hong Kong government’s decision to they will upset Beijing? At least with regard beled by various government opposition postpone consideration of a bill prohibiting to routine matters, Hong Kong government groups as falling within this category of ‘‘po- acts of treason, secession, sedition, subver- officials seem quick to assert their own au- litical correctness’’ on the part of Hong Kong sion against the Central Government, and

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\CRI\E03MR8.REC pfrm04 E264 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 theft of state secrets means that the legisla- ly market pirated software and compact production lines may have moved to Macau. tion will be more or less restrictive of the discs. Some Hong Kong officials complain Estimates suggest that a hundred million or Hong Kong peoples’ basic rights. Clearly, that the reason that pirated products remain more illegal compact discs and movies per this issue will be one of the first important on sale in legitimate retail stores is that annum may now be produced in Macau. Ex- tests of the newly elected Hong Kong legisla- ‘‘there is no deterrent’’—judges are too le- acerbating the illicit production problems in ture and current government. Future bench- nient. However, recent increases in jail Macau are contradictory actions taken by marks include the government’s responsive- terms along with expanded enforcement pow- the local courts concerning the government’s ness to Hong Kong public opinion when for- ers for Customs officers may have a positive seizure of equipment used in the illegal pro- mulating legislation (as it appeared to do in effect in reducing piracy. Also, the govern- duction lines. the formulation of the societies ordinance) ment has introduced legislation that should Organized gang warfare is also a matter of and whether the Hong Kong government help enable Customs to control illicit pro- legitimate concern. Early in 1997, Macau was strictly enforces the legislation, once en- duction. featured in the news by reports about gang acted. ECONOMIC CONDITIONS IN HONG KONG fighting or turf wars. Macau officials argue HONG KONG’S CUSTOMS AUTONOMY: A PROMISING If one were only to examine the Heritage that the overall crime rate in Macau has START BUT TOO EARLY TO JUDGE Foundation’s annual Index of Economic been exaggerated by the sensational nature of the stories. Indicators suggest that Hong Kong is fully Freedom or the American Chamber of Com- Macau’s reversion to China presents sev- exercising its autonomy as a separate cus- merce in Hong Kong’s annual confidence sur- eral other key differences from Hong Kong’s toms territory within China. Law enforce- vey, one might wrongly conclude that Hong reversion to China. For example, Macau has ment cooperation between Hong Kong police Kong’s economic outlook remains unchanged a ‘‘through train’’ for its Legislative Assem- and Customs and U.S. Customs remains from last year. However, regional economic bly and therefore will not have to cope with ‘‘much the same’’ and, according to U.S. offi- woes beginning in the summer of 1997 have the provisional legislature scenario cur- cials, there appears to be ‘‘no change in the had a significant impact on Hong Kong. rently existing in Hong Kong. This body cur- working relationship.’’ Nevertheless, it is Drawing on large international currency rently has twenty-three assembly members ‘‘too early to judge’’ whether long-term U.S. reserves and a strong determination to de- of which two-thirds are elected. It also has trade, security, and law enforcement inter- fend the HK$–US$ peg, Hong Kong was able an ambitious legislative agenda for 1998 that ests in Hong Kong ultimately will be affected to weather an initial attack on its currency includes localization of the major Por- by the transition. caused by the financial turmoil throughout tuguese codes and human rights initiatives. To prevent smuggling through its port, Asia. This led, however, to a sharp rise in in- Of concern is the fact that the Macau Legis- Hong Kong Customs employs four hundred terest rates as well as large drops in the lative Assembly was unable in 1997 to pass people but is only able to examine approxi- stock and property markets. After rising to several human rights initiatives. Other key mately 1300 of the 13.5 million containers per a new high in August, the stock market fell issues for Macau which pose difficult transi- year which move throughout the entrepot almost 40% during the last week of October. tion issues include localization of the civil territory. In addition, the border between Since bottoming out in November of 1997, service and nationality issues. With the ap- Hong Kong and Shenzhen currently handles however, the Hang Seng index has battled proval of the Speaker for an expanded area of 14,000 vehicles per day, and that number is back to levels recorded in April of 1997. (In- responsibility because of Macau’s relevance increasing daily. ‘‘Without good intel- formation compiled after January 1, 1998) to the Hong Kong transition and its proxim- ligence,’’ U.S. officials say, Hong Kong cus- The real estate market is important to Hong ity, the Task Force would propose to simi- tom’s task in finding smuggling is like Kong’s economic viability and stability, and larly observe and report on the Macau tran- ‘‘looking for a needle in the haystack.’’ it certainly has an important effect on U.S. sition. American officials acknowledge, however, firms and citizens residing there. Residential that their Hong Kong counterparts ‘‘do as property prices have been trimmed by 20%– ADDITIONAL NOTE good a job as anyone.’’ 30% in recent months. Although there have been many economic In November, the U.S. Foreign Commercial Tourism in Hong Kong also has noticeably developments in Hong Kong after December Service performed thirty post-shipment ver- declined and it is difficult to predict how sig- 31, 1997, this report generally reflects those ifications on export licenses and found only nificantly the region-wide financial crisis developments occurring before that date. one or two questionable situations. More- will further affect this key industry. An ad- There are limited exceptions where the re- over, those questions were resolved upon fur- ditional issue of concern is the fact that the port comments on events occurring after De- ther inspection. A U.S. interagency team on Peregrine Investment Corporation, Hong cember 31, 1997, and they are indicated ap- export controls traveled to Hong Kong on Kong’s largest investment firm, declared propriately. bankruptcy on January 12, 1998. (Information January 12, 1998, as part of a bilateral co- f operation agreement between Secretary of compiled after January 1, 1998) Commerce William Daley and Hong Kong Despite recent difficulties, short-term con- TRIBUTE TO GARY GIACOMINI Trade and Industry Secretary Denise Yue. fidence in the Hong Kong dollar seems The conclusions of that meeting were not strong, and policy makers express a continu- available for this report. Hong Kong’s cus- ing determination to defend the peg. (There HON. LYNN C. WOOLSEY toms service has demonstrated continued are, however, a growing number of dissenters OF CALIFORNIA diligence and quick response on two poten- who maintain that Hong Kong will not be IN THE HOUSE OF REPRESENTATIVES able to maintain the peg in the long term, tially serious diversions from North Korea of Tuesday, March 3, 1998 unmilled tank barrels and rocket fuel. The principally because they predict China will customs service now has legislation to catch eventually devalue the renminbi.) Hong Ms. WOOLSEY. Mr. Speaker, I rise today to ‘‘middle men’’ in Hong Kong who facilitate Kong’s banking sector and its regulatory repay tribute to an outstanding individual, Mr. diversions not actually involving the Hong gime are strong. Monetary figures show no sign of capital flight or panic. Hong Kong’s Gary Giacomini. Gary is being honored by the Kong port. In this respect it is similar to the Citizens Foundation of Marin and the Marin United States and a leader in the world. foreign exchange reserves reached U.S. $96.5 One continuing complaint by U.S. law en- billion in November 1997. Council of Agencies as the 1997 Citizen of the forcement officials involves Hong Kong’s MACAU Year. laissez faire approach to money being per- Macau will revert to China on December Marin County has a history of electing won- sonally carried in and out of Hong Kong. 20, 1999, and become yet another Special Ad- derful members to the Marin Board of Super- There is no reporting requirement for travel- ministrative Region. Like the British, Por- visors and Gary is a prime example. He fought ers doing this, and Hong Kong is therefore an tugal negotiated a Joint Declaration with hard for his constituents. In fact, he still is ideal place for laundering money. Note: This the PRC government that establishes a ‘‘one- fighting for them. Gary truly loved his job. As situation existed in Hong Kong prior to the country, two systems’’ formula for Macau. a member of many county and state agencies, transition and therefore is not a resulting Although there are many similarities be- from the Marin County Transit District to the problem. Nevertheless, it would seem desir- tween the imminent Macau reversion to able for the U.S. Government to recommend China and that of Hong Kong, there are sev- California Coastal Commission, Gary sup- that the Hong Kong government mirror U.S. eral key differences. ported the issues that are important to the reporting requirements in order to stem the If for no reason other than size, Macau has residents of Marin County. flow of money laundering. only a modest effect upon U.S. vital inter- I have had the pleasure to work with Gary U.S. officials give Hong Kong Customs high ests. Macau buys only one percent of the on several Marin County issues. But where marks for recent stepped-up efforts on tex- total exports which the U.S. sends to Hong I've gotten to really know him is through the tile transhipments, but lower marks for Kong, and it houses only 1% of the number of Pt. Reyes National Seashore. Shortly after I their enforcement of intellectual property Americans as reside in Hong Kong. Neverthe- rights violations. Hong Kong Customs claims less, there are legitimate U.S. concerns in was elected to the House, Gary came to me difficulty in ‘‘going after the kingpins’’ and, the areas of drug smuggling and intellectual with his vision to encourage agriculture by pro- instead, arrests the sellers at the retail level property rights violations. For example, it is tecting lands east of the National Seashore of pirated material. More blatantly, some believed that a considerable portion of the from development. Based on Gary's vision, I well-known arcades certainly do rather open- region’s illicit compact disc and videotape introduced H.R. 1995, the Pt. Reyes National

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E265 Seashore Farmland Protection Act, to offer the Air Force Exchange Service, a $7 billion TRIBUTE TO JAMES CARROLL willing land owners conservation easements to retail and services organization headquartered PLACE support agriculture. I made H.R. 1995 one of in Southwest Dallas. Under his charismatic my top priorities. I will always appreciate Gary leadership and efficient management AAFES HON. MARION BERRY sharing his vision with me, and I will always has performed its mission exceptionally well, OF ARKANSAS be thankful for his support. with earnings during his three-year tenure of IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is my great pleasure to pay over $930 million. What is more important is Tuesday, March 3, 1998 tribute to Gary Giacomini. His dedication and that these earnings have been vital to military success to preserve agriculture in Marin Coun- personnel around the world, contributing well Mr. BERRY. Mr. Speaker, I rise today to ty and fight for the causes he and his constitu- over $600 million to supplement the morale, pay tribute to a wonderful man. The kind of ents believe in is admirable. I wish Gary and welfare, and recreation programs of the Army man that made this country the great nation it his family the best. and Air ForceÐthereby ensuring quality of life is today. I honor James Carroll Place as he f for service members and their families while should be honored. reducing the burden of support from America's Mr. Jim was one of those pillars of the com- SPECIAL RECOGNITION OF SR. taxpayers. General Bunger's work force of munity that worked hard every day, played by BARBARA DAVIS, SC 55,000 serve every day to provide soldiers the rules and did what ever was necessary to and airmen value, service and support in all make himself and his community successful. HON. MICHAEL G. OXLEY 50 states and 25 different countriesÐto in- At the same time he always upheld the highest standards of conduct and integrity. OF OHIO clude Bosnia, Haiti, Kuwait, Saudi, and His tireless work for the community to build KoreaÐsignificantly enhancing morale while IN THE HOUSE OF REPRESENTATIVES the wonderful event that we celebrate annually saving them money. Tuesday, March 3, 1998 in my hometown, The Coon Supper, will be Throughout his career, General Bunger has long remembered. Mr. OXLEY. Mr. Speaker, today I rise to been an exceptional steward of defense re- spotlight a very special lady who has unself- We should all hope that his example of high sources, and his legacy of leadership and standards and good conduct will be followed ishly given of her time, energy and soul to oth- dedication deserve our admiration and praise. ers in her community. She has earned the by the generations to come. It made no dif- His numerous awards and decorationsÐwhich ference if it was for the church, the town, the honor of being named the 1998 National include the Distinguished Service Medal, two Catholic Education Association Distinguished Farmers and Businessmen's Club, friends, Awards of the Legion of Merit, a Bronze Star, neighbors, or his own family, he gave his all Principal for the States of Ohio and Michigan. four Meritorious Service Medals, and both Air She is one of only twelve Catholic School and his best and expected no less from us all. Force Commendation and Achievement Med- He was a friend and mentor to me and was Elementary Principals in the country and the alsÐattest to his exemplary professionalism only one from Ohio to be chosen for this a business associate for many years. We and distinguished service to our nation. never had a dispute. His sense of fairness and honor. The lives of many young people have I salute Major General Doug Bunger as he been deeply touched with the kindness and honesty was exceeded only by his great good retires from the United States Air Force and humor. He was a friend, role model, farmer, sincerity that Sister Davis has shown. As prin- wish him and his lovely wife, Sarah, much cipal of St. Mary's School, Shelby, Ohio, she leader, father, and Christian. happiness in their new hilltop home near Hot Some say that the measure of success of a worked to place computers into classrooms so Springs, Arkansas. that students will benefit from technological man is his children. If so, then Mr. Jim was advances such as the Internet and other edu- successful by all standards. f He will be long remembered as the standard cational tools. for, as we say in my hometown of Gillett, Ar- I extend my best wishes to her as she re- LET CONSUMERS CHOOSE kansas, a good man. ceives this award, and I urge her to keep up Let us today honor this good man and the the good work. She truly is a remarkable HON. BILL PAXON standard he set for us all. teacher and role model. Thank you Sister f Davis. OF NEW YORK f IN THE HOUSE OF REPRESENTATIVES SALUTING GUAM POWER Tuesday, March 3, 1998 AUTHORITY TRIBUTE TO MAJ. GEN. DOUG BUNGER Mr. PAXON. Mr. Speaker, during the ardu- ous legislative process that created the Tele- HON. ROBERT A. UNDERWOOD HON. MARTIN FROST communications Act of 1996, the Members of OF GUAM the Commerce Committee used the basic prin- IN THE HOUSE OF REPRESENTATIVES OF TEXAS ciple of consumer choice as our guide. Tuesday, March 3, 1998 IN THE HOUSE OF REPRESENTATIVES Today, responsibility for implementation of Mr. UNDERWOOD. Mr. Speaker, It has Tuesday, March 3, 1998 the Telecommunications Act of 1996 rests with been more than ten weeks since typhoon Mr. FROST. Mr. Speaker, today I pay tribute the FCC, and I am left to wonder if the same Paka struck Guam, causing nearly $400 mil- to Major General Doug Bunger, who currently principles that guided Congress' creation of lion in damage and leaving more than 4,000 resides in Duncanville, Texas, upon his retire- the Telecommunications Act, are guiding the families homeless. The damage is still evident ment this month from the United States Air FCC in their implementation of the Act. in some areas, but typhoon debris is steadily Force. In his thirty-one years of service to this When the Federal Communications Com- disappearing and the island is turning green great nation he has proven himself an extraor- mission turned down yet another State Com- again. For the most part, conditions are return- dinary leader of people, programs, and fi- mission's request that the local Bell company ing to normal, although life remains difficult for nances at all organizational levels in the Air be allowed to offer long-distance, the FCC es- those who lost everything. But even for those Force, and finances at all organizational levels sentially said that local phone customers can- enduring folks, things are improving day by in the Air Force. As a military comptroller, not be trusted to make wise choices. The FCC day. Despite the many discomforts we con- General Bunger directed the financial oper- said that, if we let them, the residents of Okla- tinue to bear, we remain tremendously grateful ation for military airlift command during a pe- homa, Michigan, South Carolina, or Louisiana, that no lives were lost in this disaster. On Feb- riod of intense defense military transportation for example, might make what the FCC thinks ruary 16, we marked another reason for grati- requirements. He subsequently was the Air is the wrong decision. tude and appreciation. Just two months to the Force's Director of Budget Operations and In passing the Telecommunications Act of day of Paka's passing. Guam's electrical then the Deputy Assistant Secretary for the 1996, Congress wanted competition to begin power system was fully restored. budget. As such he developed, justified, and in the telephone services marketplace. It's The speed of this particular recovery is un- executed an annual budget of over $72 billion time to get all parties moving in that direction. precedented in the annals of Guam's typhoon- in support of worldwide air force operations. The free enterprise system is built on the prone history. It is a testament to the deter- His record of integrity and accountability was belief that American consumers are best capa- mination and dedication of the staff and man- flawless. ble of making consumer decisionsÐthat they agement of the Guam Power Authority and the To conclude his distinguished career, Gen- can decide what is good for them a lot better dozens of line crews from off-island who eral Bunger has commanded the Army and than a Washington bureaucracy. rushed to Guam's aid.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E266 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 As in previous typhoons, Guam Power Au- work have been the familiesÐthe wives, hus- A retiree, Dale has spent his free time helping thority crews were positioned and ready to bands, sons, daughters and loved ones of others at the area Senior Center, the Amer- battle the elements in order to keep the is- GPA employees, many of whom were also ty- ican Legion, and Saline Community Hospital. land's power system up and running. But Ty- phoon damage victims. Joann Steiner has also been awarded a phoon Paka was not a typical storm. As winds I rise today on behalf of the people of Guam Lifetime Achievement Award. A dedicated grew in intensity, and conditions grew increas- to commend and to thank all the men and public servant, Joann has served the Depart- ingly more dangerous, the GPA crews were women of the Guam Power Authority, the per- ment of Public Works for 35 years. I am proud forced to ride out the storm at their respective sonnel from the Saipan Commonwealth Utili- to join the Chamber in commending her worksites until the all-clear signal. The task ties Corporation, Belau Public Utilities, Yap achievements. that faced them the next morning was gar- State Public Services Corporation, Pohnpei Mr. Speaker, in my opinion, one of the hall- gantuan. Power lines were dangling in the Utilities Commission, Hawaiian Electric Com- marks of good citizenship is the willingness to streets, in parking lots and in people's yards pany, Southern California Edison, and the take of your own time to devote to others. I all over the island. They were tangled in United States Air Force, and especially the therefore think it fitting that we recognize wreckage and lying in broken pieces across families of all these fine people, for all the ef- these four people for their significant achieve- roadways and along roadsides. Hundreds of forts and sacrifices they made to restore elec- ments. transformers and thousands of street lights trical power to Guam. Si Yu'os ma'ase hamyu f were ripped from their perches and scattered todos; si Yu'os en fanbendisi. everywhere. Many were smashed beyond re- f THE AVENUE OF THE PINES pair. Throughout the island wooden and concrete power poles broken, bent, tipped and CHILDHOOD CANCER AWARENESS HON. GERALD B.H. SOLOMON even uprooted. OF NEW YORK After assessing the damage, GPA an- HON. HENRY A. WAXMAN IN THE HOUSE OF REPRESENTATIVES nounced that it would take at least three OF CALIFORNIA Tuesday, March 3, 1998 months or longer to restore service islandwide. IN THE HOUSE OF REPRESENTATIVES The lengthy repair time was disheartening but Tuesday, March 3, 1998 Mr. SOLOMON. Mr. Speaker, one of the not unreasonable given the immensity of the most attractive streets in New York State will task. With Christmas around the corner, the Mr. WAXMAN. Mr. Speaker, the City of Los soon be a virtual monument to the work of sadness and disappointment in the faces of Angeles has designated the week of March 1, one of the state's finest companies, Finch, the people of Guam must have inspired the 1998 as ``Childhood Cancer Awareness Pruyn & Company, Inc. It's not only one of the men and women of the Guam Power Authority Week.'' In honor of this proclamation, I ask my most famous tree-lined avenues in the Capital to rise to the challenge. Instead of three colleagues to join me in calling attention to the District, but in my opinion one of the most months, GPA set an ambitious new goal of tragedy of childhood cancer and in working to beautiful in the country. It's the Avenue of the eight weeks. defeat this debilitating enemy of our children. Pines in the Saratoga Spa State Park. With help from as far away as Hawaii and Cancer is the leading cause of death in the My primary district office is in Saratoga California, and from as close as the Northern United States today. Each year, approximately Springs and I always look for an excuse to Marianas, Palau and the Federated States of 10,000 American children are diagnosed with take Avenue of the Pines whenever I visit a Micronesia, the Guam Power Authority worked cancer. Moreover, it is the leading cause of neighboring community. That's why I'm glad to long and hard to make Guam's holiday season death by disease among children in our coun- see that the avenue's priceless stand of more as bright with light as possible. The Air Force try. While great strides are made each year in than 150 white and red pines is getting such also came to Guam's rescue with military line research, treatment, and prevention of child- attention from a company well-qualified to crews, heavy equipment and supplies, as well hood cancer, we must remain vigilant in our render it. as providing nine C±5 flights to transport these efforts to search for cures and more effective Finch, Pruyn & Company has long been an and other personnel and materials to Guam. treatments. outstanding corporate neighbor in my home- Our neighbors in the region also sent barges I ask my colleagues to reaffirm their dedica- town of Glens Falls. Its president and CEO, loaded with wooden and concrete poles, as tion to eliminating childhood cancer and to Dick Carota, is a real up-from-the-ranks kind well as transformers, electrical wire and other take a moment to express their appreciation to of guy who knows every job description in the electrical supplies. All in all, 95 line personnel, the devoted individuals working in the fight company from personal experience. He's a 34 bucket trucks and 63 auxiliary line vehicles against this dreaded disease. real All-American success story, and Finch, were brought in to augment GPA's equipment f Pruyn is an All-American kind of company, and 200 line personnel and 100 contractor HONORING SALINE AREA providing not only employment, but a nicer crews. Priority was given to Guam's pumps CHAMBER OF COMMERCE WINNERS place to live for everybody. and water wells, and running water was re- In addition to being a giant in the paper in- stored within days of the storm's passing. In HON. NICK SMITH dustry, Finch, Pruyn directs a nationally-recog- the days that followed, GPA replaced nearly nized forest management program. In partner- OF MICHIGAN 700 transformers, nearly 100 concrete poles ship with the New York State Office of Parks, IN THE HOUSE OF REPRESENTATIVES and some 800 wooden poles. Crews also re- Recreation and Historic Preservation, the com- strung hundreds of miles of primary and sec- Tuesday, March 3, 1998 pany will do borings near the site to determine ondary electrical lines. At this time, GPA is Mr. SMITH of Michigan. Mr. Speaker, I rise the age of the trees. Finch, Pruyn will then concentrating on replacing nearly 3,000 street today to say a few words about a group of conduct further research on the effects of ve- lights island wide and reconnecting residential constituents in Saline, Michigan whose con- hicular traffic, snow and ice maintenance prac- power as homes are repaired. tributions to their community merit respect and tices, road salt, wildlife, pests, and diseases. In the ten weeks since the storm, the line recognition. Four rows of trees were first planted in crews have been most visible to the public. Tom Kirvan is managing editor of the Re- 1912. Six years later, the walkway was wid- They and their heavy equipment have been porter newspapers. His friends and colleagues ened and paved for use by vehicles. There seen all over the island, working around the have named him their Citizen of the Year for have been some modifications since then, but clock to restore the system. GPA General his tireless work on behalf of others. Through the avenue remains what it always was, one Manager Ricardo Unpingco also did a com- his involvement with Big Brothers/Big Sisters of the most enjoyable stretches of driving in mendable job of keeping the public informed, or the Council on Alcoholism, Tom has been the entire country. delivering daily progress reports and fielding in every way a true public servant. Mr. Speaker, Finch, Pruyn's scientists are questions from the public via the news media. Rick Kuss is Saline's mayor and is well- the best, and the people of our district can be But Mr. Unpingco and the line crews were not known for his work on historic preservation sure the study will be as thorough as it is in- alone in this massive and ambitious endeavor. and his efforts to improve Saline. Rick is a teresting. Finch, Pruyn was a pioneer in the Behind the scenes, many other employees of person with a great sense of community. The field of sustainable forestry as far back as the GPA worked just as long, just as hard, often Chamber has rightly recognized his contribu- last century, and later hired the country's best attending to tasks that were not in their job de- tions by awarding him the Georgia A. Ander- professional foresters. The company is equally scriptions, to support the restoration work. son Vision Award. advanced in protecting the environment. The Lastly, the biggest, most understanding and Dale Rothfuss is a recipient of a Lifetime company has invested more than $100 million most loyal supporters of GPA's restoration Achievement Award from the Saline Chamber. in the last three decades, including $10 million

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E267 in a new elemental chlorine-free pulp bleach- 1. Sanctions. Not only did Saddam incur no American during World War II due to discrimi- ing system. penalty for his open defiance of the United nation and other factors. On January 13, 1997 Mr. Speaker, my friend Dick Carota, Finch, Nations and open provocation of the United the President awarded the Medal of Honor to Pruyn's president and CEO, likes to do a little States, he was treated by Annan with a deference and flattery that bordered on the in- seven World War II African American heroes. play on words, attributing the company's suc- decent. Moreover, the Annan-Saddam Memo- The Secretary of Defense William S. Cohen cess to what he calls ``Finch Pride.'' randum of Understanding breathes not a also hosted a Pentagon ceremony on Feb- He and every last employee have a right to word of criticism about Iraq’s violating pre- ruary 19, 1997 and paid tribute to the three be proud. So am I, and so is an entire com- vious agreements, nor about its creating this surviving African American recipients of the munity. I invite you, Mr. Speaker, and every crisis. On the contrary, Annan trashed his Medal of Honor. During the ceremony the member of this body to come on up and visit own arms inspectors (UNSCOM) as unruly ``Legacy of Valor'' videotape tribute was pre- us any time, to see community and corporate ‘‘cowboys’’ and undertook, in writing, to sented, followed by the unveiling of an exhibit cooperation at its finest. bring Saddam’s ultimate objective, the lifting of sanctions, ‘‘to the full attention of the honoring the 86 African American recipients. f members of the Security Council.’’ I find the following words, as contained in Sure enough, upon his return to New York, the Department of Defense ``Legacy of Valor'' A DEAL THAT’S WORSE THAN Annan began emphasizing the need to show tribute to be of particular significance; WORTHLESS Iraq ‘‘the light at the end of the tunnel,’’ the ‘‘Eighty-six African Americans have Iraqi code phrase for ending sanctions. Like earned the Nation’s top award for valor, the HON. MICHAEL G. OXLEY Russian Foreign Minister Yevgeny Medal of Honor. Their legacy of valor is the Primakov, who brokered the first nonagree- OF OHIO thrilling story of African Americans in de- ment in November, Annan has become fense of freedom and justice. The stories of IN THE HOUSE OF REPRESENTATIVES Saddam’s sanctions-lifting advocate to the these 86 Medal of Honor recipients account Tuesday, March 3, 1998 world. Unlike Saddam buddy and ex-KGB for some of the most astonishing acts of biggie Primakov, however, Annan is an effec- bravery and personal sacrifice in the history Mr. OXLEY. Mr. Speaker, I would like to tive shill. of our armed forces. Through it all, despite commend a recent column by Charles 2. Inspections. The United States had dean American legacy rooted deeply in slavery, Krauthammer of the Washington Post to the manded no retreat from free and full access each and everyone of them, by supreme sac- attention of my colleagues. and no tampering by Iraq with the composi- rifice and devotion to duty, in the words of tion and authority of UNSCOM teams. the great African American poet, Langston [From the Washington Post, Feb. 27, 1998] Annan came back with a radical change in Hughes, boldly declared, ‘‘I too am Amer- A DEAL THAT’S WORSE THAN WORTHLESS the composition of the inspection teams and ican.’’ PEACE IN OUR TIME—AGAIN a serious erosion of their authority. Inspec- They demonstrated that African Americans Two days before Kofi Annan made his tion of ‘‘presidential sites,’’ those huge com- plexes with hundreds of buildings where Sad- have earned the right through military sacrifice ‘‘breakthrough’’ in Baghdad, the U.N. Secu- and achievement alone, to be true Americans rity Council, with U.S. approval, authorized dam could be hiding anything, is taken away a huge increase in the amount of oil that from control of UNSCOM, the tough inspec- economically, politically, and socially. All Iraq can sell. In an stroke, this ‘‘humani- tors whose probity we can rely on. Americans can take heartfelt pride in this illus- tarian’’ gesture doubled Iraq’s oil income to These sites are instead entrusted to a new trious record which, unfortunately, too fre- $10.5 billion a year. Iraq can now sell nearly body, headed by an Annan appointee. It will quently has gone unnoticed. 2 million barrels a day—about two-thirds of comprise political appointees, including dip- Although 86 African Americans received the the oil it was selling when producing at peak lomat-spies from Iraq-friendly France, Rus- sia and China, as well as inspectors who pre- Medal of Honor in military conflicts from the capacity before the embargo. And that num- Civil War to Vietnam, due to discrimination ber does not even count the oil that we know sumably possess the requisite delicacy and sensitivity to Iraqi feelings. Iraqis can be so and other factors, not one was awarded the Saddam is illegally smuggling through Ira- Medal of Honor during World Wars I and II. nian coastal waters. touchy about their stores of poison gas and At this U.N.- and U.S.-authorized level, anthrax. In 1991, however, President George Bush How do you carry out a spot inspection— Iraq—under sanctions!—becomes the eighth- awarded the Medal of Honor posthumously to the only kind that has any hope of finding largest oil exporter in the world. a World War I African American hero. anything—when you first have to notify and This embargo-buster passed with little fan- Additionally, on January 13, 1997, at a await the arrival of, say, the Russian ap- fare. It barely made the back pages of the pointee, who has a hot line to the very Iraqi White House ceremony, President William Jef- newspapers. All hands pretended, moreover, regime he is supposed to inspect? Inspector ferson Clinton awarded seven Medals of that there was no linkage between this bo- Clouseau has a better chance of finding con- Honor to African American WWII heroes. Six nanza and the subsequent Saddam-Annan cealed nerve gas than this polyglot outfit of of those medals were awarded posthumously deal in Baghdad. compromised politicians and handpicked in- But remember that last November, when to the families of the honorees and the sev- spectors. the administration was desperately looking enth Medal of Honor was presented to the So tote it up. For Saddam: No penalty. for a way out of the last Iraq crisis, the only living WWII honoree. Annan shilling for his demand to end all State Department said we’d be willing to All Americans owe a special debt of grati- sanctions. UNSCOM undermined. Presi- offer Saddam a ‘‘carrot’’ to get him to be dential palaces secure for storing anthrax tude to these 86 African American heroes. De- nice. Such as? Such as a sharp increase in and such. And his oil output doubled. spite slavery, segregation, discrimination, and the amount of ‘‘humanitarian’’ oil that Iraq Another triumph of Clinton diplomacy. bitter disappointment they defended America could sell. with their very lives. When the chips were So last time, when Saddam broke the Gulf f War agreements and kicked out U.S. arms down, to paraphrase the incomparable Gen- inspectors, the carrot was offered. This time, 1998 CONGRESSIONAL OBSERVANCE eral Douglass MacArthur, they understood the when Saddam broke the Gulf War agree- OF BLACK HISTORY MONTH hallowed words, ``Duty, Honor, Country, Free- ments and stymied all the arms inspectors, dom and Justice.'' These words were their ral- the carrot was delivered. SPEECH OF lying point to build courage when courage Last time, President Clinton flapped about seemed to fail; to regain faith, when there threateningly, then watched meekly as the HON. CHARLES B. RANGEL OF NEW YORK seemed to be little cause for faith; to create Russian foreign minister brokered a ‘‘com- hope when hope became forlorn. These words promise.’’ This time, Clinton flapped about IN THE HOUSE OF REPRESENTATIVES taught them not to substitute words for action threateningly, then watched meekly as the Wednesday, February 11, 1998 U.N. secretary general brokered a new ‘‘com- nor to seek the path of comfort but to face the promise.’’ Mr. RANGEL. Mr. Speaker, as we celebrate stress and sharp spur of difficulty head-on; to Last time, Clinton’s U.N. ambassador African American History Month, I would like learn to stand up in the storm, but have com- crowed that Saddam had ‘‘blinked.’’ This to take this opportunity to pay tribute to the 86 passion for those who fall; to reach into the fu- time, Madeleine Albright’s spokesman African American recipients of the nations' ture, yet never neglect the past. In their belief deemed the deal ‘‘win-win’’ for us. highest military award for valor, the Medal of in God and family, in their strength, in their Last time, the deal turned out to be com- Honor. These medals of Honor were awarded love and loyalty, many of them gave all that pletely worthless, giving Saddam four more months to hide his nasty stuff. This time, for acts of bravery performed from the Civil mortals can give. the deal is worse than worthless, giving Sad- War through the Vietnam Era. ``Oh beautiful for spacious skies, for amber dam crucial victories on the two issues he Last year the President took steps to right a waves of grain, for purple mountains maj- cares most about: economic sanctions and serious wrong, by acknowledging that not one esties, above the fruited plains . . .'' The won- weapons inspections. Medal of Honor was awarded to an African derful song ``America the Beautiful'' begins.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E268 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 But as we look back over the valorous con- WARD, John (Black/Seminole) for Economic Cooperation and Development tributions of African Americans, it is the sec- WILLIAMS, Moses in the Middle East and North Africa ond stanza of America the Beautiful that all WILSON, William (MENABANK). WOODS, Brent It is a source of concern to me that Con- Americans can sing, with new meaning: CIVIL WAR (1861–1865 gress so far has failed to provide for the U.S. ``Oh beautiful, Oh beautiful for heroes proved share of MENABANK capital contributions. in liberating strife, ANDERSON, Aaron (a.k.a. Sanderson) As a result, it has been difficult for the who more than self their country loved and ANDERSON, Bruce United States to provide the needed leader- mercy more than life . . .'' BARNES, William H. ship to make the bank a reality, and this en- BEATY, Powhatan For these are truly 86 African American he- tire effort to enhance and backstop the peace BLAKE, Robert (Escaped slave) process has floundered. Unfortunately, little roes who proved in liberating strife on domes- BRONSON, James H. tic and foreign soil that they loved their coun- progress has been made over the past two BROWN, William H. years toward establishment of the try more than themselves and mercy for their BROWN, Wilson MENABANK, and it is still far away from be- people more than life!`` CARNEY, William Harvey ginning operations. DORSEY, Decatur (Escaped slave) I am convinced that this Bank can fulfill a AFRICAN AMERICAN MEDAL OF HONOR FLEETWOOD, Christian A. RECIPIENTS very important role in support of the Middle GARDINER, James East peace process. Its intended emphasis on VIETNAM (1964–1973) HARRIS, James H. privatization and regional cooperation is ex- *ANDERSON, James, Jr. HAWKINS, Thomas R. actly the focus needed to promote peace and ANDERSON, Webster HILTON, Alfred B. economic growth to bolster the peace proc- *ASHLEY, Eugene, Jr. HOLLAND, Milton Murray ess. *AUSTIN, Oscar P. JAMES, Miles It is my understanding that some in Con- *BRYANT, William Maud KELLY, Alexander gress are reluctant to provide funds for this *DAVIS, Rodney Maxwell LAWSON, John initiative, in addition to funds otherwise *JENKINS, Robert H., Jr. MIFFLIN, James available for the Middle East. As you put to- JOEL, Lawrence PEASE, Joachim gether the Fiscal Year 1999 budget request, I JOHNSON, Dwight PINN, Robert would urge you to give priority to the *JOHNSON, Ralph RATCLIFF, Edward MENABANK, even if it is at the expense of *LANGHORN, Garfield M. VEAL, Charles other Middle East priorities in the Inter- *LEONARD, Matthew national Affairs budget account. *LONG, Donald Russell AFRICAN-AMERICAN MEDAL OF HONOR RECIPIENTS At a time when some key aspects of the *OLIVE, Milton Lee, III Middle East peace process are so troubled, I *PITTS, Riley L. Vietnam ...... 20 believe it is especially important to the U.S. ROGERS, Charles Calvin Korea ...... 2 national interest to foster regional economic *SARGENT, Ruppert L. World War II ...... 7 progress, and to foster hope. The SASSER, Clarence Eugene World War I ...... 1 MENABANK can do both. I want to be help- *SIMS, Clifford Chester War with Spain ...... 6 ful to you in any way I can in support of U.S. *WARREN, John E., Jr. Interim 1871–1898 ...... 8 funding and the Bank’s early establishment. Indian Campaigns ...... 18 KOREAN WAR (1950–1953) With best regards, Sincerely, *CHARLTON, Cornelius H. Civil War ...... 24 LEE H. HAMILTON, *THOMPSON, William Total ...... 86 Ranking Democratic Member. WORLD WAR II (1939–1945) * The asterisk denotes killed in action. This information provided by the BAKER, Vernon J. Congressional Medal of Honor Society. U.S. DEPARTMENT OF STATE, CARTER, Edward A., Jr. f Washington, DC. *FOX, John R. DEAR MR. HAMILTON: Thank you for your *JAMES, Willy F., Jr. THE MIDDLE EAST AND NORTH letter of December 23, 1997, to Secretary *RIVERS, Ruben AFRICA BANK FOR ECONOMIC Albright concerning United States funding THOMAS, Charles L. COOPERATION AND DEVELOP- for the Bank for Economic Cooperation and *WATSON, George MENT (MENA BANK) Development in the Middle East and North WORLD WAR I (1917–1918) Africa (MENABank). We appreciate your *STOWERS, Freddie support and that of others on the Hill for HON. LEE H. HAMILTON this important peace process institution. WAR WITH SPAIN (1898) OF INDIANA The Administration shares your view that BAKER, Edward L., Jr. IN THE HOUSE OF REPRESENTATIVES the MENABank will play a seminal role in BELL, Dennis building stability in the Middle East through LEE, Fitz Tuesday, March 3, 1998 facilitating stronger regional economic ties. PENN, Robert Mr. HAMILTON. Mr. Speaker, I am con- As you know, the MENABank is a product of THOMPKINS, William H. an historic joint proposal made in October WANTON, George H. cerned that efforts at regional economic inte- 1994 by the four core parties to the peace INTERIM (1871–1898) gration, an important part of the Middle East process: Egypt, Israel, Jordan, and the Pal- peace process, have fallen by the wayside. ATKINS, Daniel estinians. In cooperation with the regional DAVIS, John The Middle East and North Africa Bank for parties, the United States has spearheaded GIRANDY, Alphonse Economic Cooperation and Development the effort to bring the Bank into being. JOHNSON, John (MENA Bank) is an important U.S.-sponsored Perhaps the best ongoing example of our JOHNSON, William initiative to foster regional economic integra- commitment is our support of the multi- NOIL, Joseph B. tion, and that Bank has yet to begin oper- national transition team in Cairo, headed by SMITH, John former United States Ambassador David ations. A key part of the problem is that the Dunford, which is charged with setting up SWEENEY, Robert Augustus (1 of 20 double United States has yet to provide funding to recipients) the Bank’s structure. Already, the team, capitalize that Bank, and so other Members of which includes professional staff members INDIAN CAMPAIGNS (1861–1898) the Bank have also been reluctant to provide from Israel, Egypt, the United States, Japan BOYNE, Thomas funding. On December 23, 1997 I wrote to Italy, the Netherlands, and Canada, has de- BROWN, Benjamin Secretary Albright concerning United States veloped a set of draft financial and oper- DENNY, John support and funding for the MENA Bank, and ational plans and an illustrative list of FACTOR, Pompey (Black/Seminole; also on February 4, 1998 I received a reply. The projects, which should enable the Bank to be used last name of Facton) launched promptly once two-thirds of its ini- GREAVES, Clinton text of the correspondence follows: tial capital is committed by its members. JOHNSON, Henry HOUSE OF REPRESENTATIVES, The Middle East currently receives only JORDAN, George COMMITTEE ON INTERNATIONAL one percent of global foreign direct invest- MAYS, Isaiah RELATIONS ment. The region will need investment of ap- McBRYAR, William Washington, DC, December 23, 1997. proximately $500 billion over the next ten PAINE, Adam (Black/Seminole) Hon. MADELEINE K. ALBRIGHT, years to stimulate sustainable economic PAYNE, Isaac (Black/Seminole) Secretary of State, Department of State, Wash- growth. The Bank’s focus on projects with a SHAW, Thomas ington, DC. regional character and the ability to use its STANCE, Emanuel DEAR MADELEINE: I write to state my $5 billion capital base to leverage signifi- WALLEY, Augustus strong support for U.S. funding for the Bank cantly greater flows of private resources is

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E269

crucial in ensuring the growth needed in the AMENDMENT #4 ferred by any party to a special Court on the region. Only with such growth can we hope (Autonomy Definition) U.S. Puerto Rico Compact, which will be cre- to realize and sustain a more stable and ated by separate agreements. P. 12, Sec. 4: Strike out completely page 12 prosperous Middle East. In addition, the Comments: All the formulas should be free and in lieu thereof insert the following: A. Bank will help ensure that qualified individ- and independent one from the other, and not Autonomy—if you agree, mark herelll uals, often trained in the United States, will The people of Puerto Rico, in the exercise juxtapositioned one with the other as the remain in the region and contribute to its of its natural right, and of its free will as the case of independence and Free Association. growth. source of all political power, do hereby es- The Free Association alternative should be We look forward to working closely with tablish an autonomous body politic in union defined in clearer terms, than what the bill you and your staff in our continuing efforts with the United States of America under a does. If it is carefully studied, you will see to gather support for the MENABank. Thank treaty which cannot be altered unilaterally that the independence and the statehood you again for your help with this critical ini- and subject to the following: definitions, are spell out, but Autonomy or tiative. (1) Puerto Rico will control and determine Free Association is not. As the bill is a this Sincerely, its own nationality and citizenship, provided moment, U.S. Citizenship is only featured in BARBARA LARKIN, that the United States citizens born in Puer- the statehood alternative as a way to obtain Assistant Secretary, Legislative Affairs. to Rico will retain such citizenship, unless more votes in the possible Referendum. they voluntarily renounce it, and will be en- There is no legal restriction to feature U.S. Citizenship in Autonomy or Free Associa- f titled to the same rights and privileges as any other United States citizen. tion; and, additionally, since Puerto Ricans NOTES ON H.R. 856 (2) Puerto Rico will have the authority and have had the citizenship for the last 80 years responsibility for its internal and external and there has been no problems we believe affairs, including, but not limited to, lan- that the two alternatives should run on a HON. DANA ROHRABACHER guage, olympic and diplomatic representa- equal footing. OF CALIFORNIA tion, customs, enter into agreements to fos- f IN THE HOUSE OF REPRESENTATIVES ter its economic development by joining regional and international trade agreements. CONGRATULATIONS TO DR. NANCY Tuesday, March 3, 1998 Puerto Rico may enter into tax-sparring DICKEY Mr. ROHRABACHER. Mr. Speaker, before agreements with other nations which may this House votes on H.R. 856, I want to inform have an effect on its economy similar to the HON. EDDIE BERNICE JOHNSON my colleagues of a very recent development 936 provision of the U.S. Internal Revenue Code, recently abolished. The United States OF TEXAS concerning one of the status options. will encourage and support the participation IN THE HOUSE OF REPRESENTATIVES One of the most controversial issues in this of Puerto Rico in such regional and inter- legislation is the exclusion of an autonomy op- national organizations. Tuesday, March 3, 1998 tion that satisfies Puerto Ricans and that com- (3) The United States and Puerto Rico will Ms. EDDIE BERNICE JOHNSON of Texas. plies with the strict criteria of constitutional exchange diplomatic representations and Mr. Speaker, I would like to briefly express my constraints and public policy imperatives. will maintain continuous and friendly con- congratulations, encouragement and best Under H.R. 856, Puerto Ricans that do not sultations with the purpose of achieving con- wishes to Dr. Nancy Dickey of College Station, favor either independence or statehood are certed actions on foreign affairs. (4) A common market will exist between Texas, who in June, will take office as the first forced to opt from the equally undesired ex- Puerto Rico and the United States which female president of the American Medical As- tremes of plenary territorial subordination or a would permit free flow of persons, goods, and sociation. The AMA is this country's most ac- free association formula that is really so unde- services between both nations. tive, notable and influential group of physi- fined that it is practically indistinguishable from (5) The United States will maintain its au- cians, a group that lends its expertise and ex- full independence. thority and responsibility over defense mat- perience to America's state and federal legis- We must offer the people of Puerto Rico fair ters. This would include: lators, as well as our doctors and the families and realistic options that are clearly and fully (a) Responsibility for the defense of Puerto Rico and its people in the same manner as to that they care for. I have always said that defined. That being the case, I want to bring the United States and its people. when shaping public policy dealing with medi- to the attention of this House a proposal that (b) The United States, at its option, may cine and health care reform, well-intentioned has recently been circulated in Washington deny or limit access of any foreign power of Members of Congress must hear the vital and Puerto Rico. facilities in Puerto Rico. voices of our medical practitioners. This proposal calls for the development of (c) The United States, at its option, may Mr. Speaker, Dr. Nancy Dickey has a long the present status into a relationship of auton- own and maintain in Puerto Rico the mili- history with Congress of lending her expertise omy within the context of a Treaty of Union tary bases or installations presently operat- and experience to us as we have considered between Puerto Rico and the United States. It ing in Puerto Rico under the terms of specific agreements. and deliberated on the important health care has been suggested by former Puerto Rico (d) Any Additional needs will be considered issues of the day. In addition to giving over Senate and Popular Democratic Party Presi- and agreed upon on separate and specific ac- 200 speeches addressing women's issues and dent, Miguel HernaÂndez Agosto. Many of you cords. encouraging more young women to pursue a may know Senator HernaÂndez Agosto as the (6) Except for property needed for defense career in medicine, she has testified at Con- person in charge of the pro-commonwealth purposes, all other property under Federal gressional hearings at least 10 times. party during the 1993 plebiscite which they Ownership will be transferred to Puerto She has traveled to the nation's capital to won. Rico. speak on the many various issues of health in- (7) The official U.S. currency will be the of- The Treaty of Union proposal has been en- ficial currency of Puerto Rico and all Fed- surance and medical ethics, while maintaining dorsed or welcomed in Puerto Rico by promi- eral applicable laws are made part of the a busy practice as a family physician and pro- nent pro-commonwealth leaders like the May- compact. gram director for the Brazos Valley Family ors of Ponce, Carolina, Caguas, San Juan and (8) With the purpose of assisting the gov- Practice Program at Texas A&M University. various other civic groups and legislators. ernment of Puerto Rico to promote the eco- Mr. Speaker, Dr. Dickey has displayed convic- This proposal represents a fresh approach nomic well being of its people and in recognition and concern for the practicing of medi- in the attempt to develop commonwealth into tion of the special present and future rela- cine, expending tremendous energy on every a fuller measure of self-government that is tions between Puerto Rico and the United endeavor she undertakes. That is why I be- States, the United States will provide a compatible with continued ties to the U.S. block grant in an amount at least equal to lieve it is truly fitting that she will soon be This association would operate under a na- the amounts provided to the government of sworn in as president of the AMA, since she tion-to-nation agreement that will encapsulate, Puerto Rico. Individuals will maintain fed- will be able to use that energy to lead an or- among others, the defense, common market, eral entitlements such as social security, ganization of more than 700,000 of our coun- citizenship and currency provisions that are so veterans benefits, and others on the same try's most gifted and influential doctors. relevant to both the U.S. and Puerto Rico. It basis as at present. Dr. Dickey hails from Watertown, South Da- also permits Puerto Rico to retain and affirm (9) Except for currency and defense, federal kota and is a resident of College Station, but its distinct culture and linguistic identity. laws will cease to apply to Puerto Rico, un- her vision and passion encompass the entire less otherwise agreed, effective on the date I sincerely hope that if discussion on politi- in which this compact becomes effective. country and reflects her commitment to rep- cal status moves forward, Congress will have (10) Any dispute as to the interpretation of resent all of America's doctors and address the opportunity to properly and seriously ana- this compact which cannot be resolved by the problems and challenges that both doctors lyze this deserving and innovative approach. negotiation between the parties, can be re- and patients face.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E270 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 Mr. Speaker, in her youth, she faced the Wallenberg’s arrival to Budapest delayed the sense Wallenberg is more alive than most of problems and challenges of a time when execution of the death sentence upon the re- us who are still around living our ordinary, women were not encouraged to pursue the maining 300,000 Jews of the cities long day-to-day lives. enough to enable some 100,000 of them—in- He is more alive than most of us, because goal of entering medical school. She was once cluding my husband Tom and myself—to sur- of what he has done. He not only saved lives, told by a high school counselor that she could vive. It is on their behalf, and behalf of their but he saved our faith in humanity. He con- not be both a doctor and a mother. I experi- children and their grandchildren that my tinues every day to touch the lives of thou- enced the same subtle discouragement which husband, Tom, and I have dedicated many sands of young people the world over, who, actually steered me toward a nursing degree years of our lives to make Wallenberg’s story hearing or reading his story, testify that and not into medical school. However, Dr. known, and to honor this great man. they have been inspired to become better Dickey chose to ignore the discouragement When I began my work for Wallenberg in human beings and to dedicate themselves to 1975, I had two goals in mind. First and fore- and focused even more on her goal and task fight for the right of others who are still per- most, I wanted to free him from the horrors secuted and oppressed all over the world. at hand; entering medical school and success- of the Gulag where he was languishing—by I would like to share with you tonight the fully pursue a career in medicine. Those times that time for over 30 years. The second goal writing of one of these young people who has for both of us have changed for the better, but was to make Raoul Wallenberg’s life and ac- been inspired by Wallenberg. The letter I am she continues today to inspire other young complishments penetrate the consciousness about to read to you was written by my women to enter the field. of mankind and to inspire all those who are granddaughter Chelsea Swett at age 10, on Mr. Speaker, as a Registered Nurse who touched by his story to become better, more the occasion of the dedication of the US Hol- encourages young women to pursue a career unselfish, more caring human beings, willing ocaust Memorial Museum in Washington, in medicine, I am appreciative of Dr. Dickey's to transcend the barriers of race, religion, or DC. This truly magnificent museum, a con- nationality in their concern for others. efforts in heightening the self-esteem of young siderable portion of which was paid for by Raoul Wallenberg taught us two major successful Holocaust survivors in America, is women and encouraging them to pursue ca- things. First, he taught us that a single indi- not only a memorial to honor those who reers as doctors or any other profession. vidual committed to a noble goal can were consumed in the flames of the Holo- Mr. Speaker, I believe her future as presi- achieve miracles. Second, he taught us that caust, but it is intended as a warning to fu- dent, as well as the AMA's future, will be human rights are indivisible, that it is not ture generations of Americans of the con- bright and successful. As she assumes leader- enough just to be concerned simply with our sequences of unbridled racism, religious in- ship of the AMA, I am convinced that her te- own human rights. tolerance and national hatreds. As Jews or Catholics, Australians of Hun- The exhibits at the Holocaust Museum not nacity, energy, expertise and sincere concern garians or Americans, the only relevant con- for her profession will benefit that organization, only highlight the brutality and callous discern for human rights that deserves respect regard for human life, but they also reflect America's doctors and their patients. I con- is a concern that transcends religion and the occasional heroic willingness of non- gratulate her in advance as she prepares to race and color and national origin. Raoul Jews to risk their lives in order to save an- take office in June, and I wish her the best of Wallenberg did not go to Budapest in 1944 to other fellow human being. I am also very luck. save Lutheran Swedes. He went there to save grateful that we succeeded in passing an Act f Hungarian Jews, with whom he had nothing of Congress to rename the street upon which in common except his common humanity. the U.S. Holocaust Museum is located as ANNETTE LANTOS PAYS TRIBUTE Raoul Wallenberg not only fought evil, but Raoul Wallenberg Place. TO RAOUL WALLENBERG he also fought indifference, and indifference It is most significant that in addition to is the twin of evil. Those who kill are mur- the permanent exhibition at the museum derers, but those who stand by and do noth- there is a special exhibit entitled ‘‘Remem- HON. GARY L. ACKERMAN ing in the face of murder share a complicity ber the Children,’’ which commemorates the OF NEW YORK in crime. Wallenberg’s message was loud and more than one million children who died in IN THE HOUSE OF REPRESENTATIVES clear. We must fight evil, but just as hard we the Holocaust. This special exhibit also pro- must fight indifference. vides a presentation aimed at children so Tuesday, March 3, 1998 Most of you have heard the story of that they can understand the experience of Wallenberg. He started out issuing Swedish Mr. ACKERMAN. Mr. Speaker, Annette Lan- children who suffered in the Holocaust. It is passports to all who managed to reach him tos, the wife of our colleague Congressman in connection with the special exhibit ‘‘Re- at the Swedish legation in Budapest. He bril- TOM LANTOS of California has been a leading member the Children’’ on the occasion of the liantly negotiated with the Nazis and later dedication of the U.S. Holocaust Museum advocate for the Hungarian Holocaust hero, the Arrow Cross gangsters (Hungarian Fas- that my granddaughter Chelsea read the fol- Raoul Wallenberg. Well before her husband cists) who ran Hungary in the final few lowing letter: was elected to Congress, Annette had estab- months of the German occupation, until lished the International Free Wallenberg Com- they recognized the validity of these fic- DEAR MR. RAOUL WALLENBERG: I have mittee to press Soviet authorities to release tional documents and exempted their owners wanted to write you a letter for a long time. from deportation and having to wear the yel- My grandparents told about you all the time. the Swedish humanitarian from prison. Much They tell me stories about how you saved of the credit for bringing the tragic plight of low star. He bought or leased 32 large apartment hundreds of thousands of people in Hungary Wallenberg to international and particularly to houses and succeeded in declaring them from the Nazis and their concentration American consciousness has been the result Swedish territory in Hungary. Thousands of camps. of her work. people were crowded into these protected You are a hero. Sometimes I think and On February 8, Mr. Speaker, Annette Lan- houses, many of whom he brought back per- wonder what happened to you. Grandfather tos delivered a Tribute to Raoul Wallenberg at sonally from the forced marches heading to- says that it has been almost fifty years since a special meeting of the Sydney Australia, ward the death camps. He rushed the saved anyone has heard from you. Still, no one can chapter of WIZO (Women's International Zion- persons to the protected Swedish houses in forget what you did and how brave you were. My grandparents told me that you were ist Organization), the non-party voluntary char- Budapest. He even brought people back from the railroad cars, pulling them out of depor- very shy and modest. I can’t believe that you itable women's organization which is similar to tation trains, and from the banks of the Dan- were ever shy. My grandparents have told me the organization Hadassah here in the United ube river. He interposed his own body be- how tough and strong you were against the States. I have received reports of her excep- tween the fallen victims and the machine Nazis. They said that, representing Sweden, tional presentation, and I ask that her recent guns that were leveled at them by the Arrow you would walk up to people on their way to address be placed in the RECORD. Cross guards. the camps and with a handful of fake pass- When the Russians finally liberated Buda- ports, you would hand them out and say, ‘‘Of TRIBUTE TO RAOUL WALLENBERG pest in January 1945, he believed he was fi- course you’re Swedish. Here’s your pass- (By Annette Lantos) nally safe, and went to their headquarters to port,’’ and you’d take them away to safety. Fifty-four years ago, on March 19, 1944, as report and ask for food and medicine for the You had houses where you would hide these the Nazi’s campaign of terror and genocide surviving victims. The Soviets didn’t believe people and they were safe because you flew finally overtook our native land of Hungary, his story. They were convinced that he was the Swedish flag over the homes. My grand- a young idealistic Swede made his way to an American spy. They kidnaped him on parents said that you even went onto the Budapest to interpose his own frail body be- January 17, 1945, and he languished in the death trains and pulled people into safety. tween the Nazi war machine and the per- Soviet Gulag until 1981, when I personally Most of all you are my hero because you secuted, unarmed thousands facing deporta- believe that he finally died still in a Soviet saved my grandparents. You gave my grand- tion and annihilation in Auschwitz. prison. father a passport so he could escape the By the time Raoul Wallenberg arrived to Even today, people ask me whether I think Nazis in Hungary. My grandfather is now a Budapest, 500,000 Jews from the Hungarian Raoul Wallenberg still lives. I personally do Congressman in the United States and he countryside had already been taken to not believe that he is physically alive any- will never forget what you did for him and Auschwitz where most perished. But Raoul more, but I do believe that in the spiritual thousands of others. He worked to pass a law

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E271 in Congress saying that you are an honorary Melverne, New York who received The 1998 ASIAN AMERICANS—A STRENGTH citizen of the United States. My grand- Prudential Spirit of Community Award. Anna FOR AMERICA mother also escaped from Hungary with a attained her exemplary recognition for her Portuguese passport. She, along with my mom, organized a committee to find you fundraising campaign at school for a family af- HON. BOB FRANKS after you disappeared. After a long time of fected by domestic violence. With the money OF NEW JERSEY looking hard, they still could not find you. raised, Anna purchased winter gloves, hats, IN THE HOUSE OF REPRESENTATIVES That is why you are a hero to me. That is toys and stuffed animals, and wrapped them Tuesday, March 3, 1998 why you are a hero to so many others. You herself. She delivered the goods to a local do- stood up to the Nazis and did what was right, mestic violence coalition who, in turn, distrib- Mr. FRANKS of New Jersey. Mr. Speaker, I You saved thousands of lives because you rise today to voice my disapproval with the un- were brave and courageous. Now, a museum uted the contributions to a family adversely touched by domestic violence. fair and inaccurate references and implications for the Holocaust is being dedicated in Wash- that certain politicians and members of the ington, DC and it is on a street named for Despite statistics that indicate Americans media have made regarding the Asian-Amer- you, Raoul Wallenberg Drive. are less involved in their communities now ican community's involvement in our political There are so many of us who owe so much than previously, it is vital we encourage and to you. For all of us, I say thank you for all system. Specifically, I take issue with the man- support the kind of selfless contributions such you did. Thank you. ner in which some elected officials and mem- as Anna DeMartino. We must all think how we Your friend, bers of the press have created a climate of can ensure the health and vitality of our com- Chelsea Swett suspicion surrounding the role that Asian- munities. Young volunteers like Anna provide Some rescuers risked their lives for an Americans played during the 1996 election hour, some for the duration of the war. Some inspiring examples. cycle. save one life, others saved thousands. What Anna DeMartino should be extremely proud As an elected official, I am troubled by the all the rescuers have in common, and what to have been singled out from such a large reports of potentially unlawful fundraising ac- their message and legacy is to all of us was group of dedicated volunteers. I heartily ap- their inability to avert their eyes to the tivities that may have been conducted during tragedy of others. plaud Anna for her selfless initiative and con- the 1996 presidential campaign. Congress Tom and I have tried personally to carry tribution to the community. She demonstrated must thoroughly review the allegations that on this legacy of Wallenberg through the cre- a level of commitment and accomplishment have surfaced concerning the alleged fund- ation of an organization called the Congres- truly extraordinary in today's world, and de- raising violations, but in a manner that neither sional Human Rights Caucus. It is a totally serves our sincere admiration and respect. questions nor attacks the integrity of any eth- non-partisan organization. Democrats and Anna demonstrates that young Americans Republicans work shoulder to shoulder to ac- nic, racial or religious group living in this coun- complish its purposes. It has one single goal, canÐand doÐplay important roles in our com- try. If Congress finds that an individual or indi- to make Wallenberg’s message a reality munities, and that America's community spirit viduals broke federal campaign laws, then the globally. The congressional Human Rights continues to hold tremendous promise for the offender or offenders should be punished. But Caucus fights for human rights, wherever future. neither Congress nor the media should sug- human rights are abased. gest, nor allow for it to be implied, that an en- We try to implement daily Wallenberg’s f tire community of people is responsible for the message that human rights are indivisible. We fight for the right of Christians to prac- improprieties of a few individuals. PRESIDENT CLINTON’S OBJECTION With the publicity surrounding those contrib- tice their religion in China and Africa; we TO THE TAX CODE SUNSET fight for the Jews in Syria; we fight for the utors alleged to have given money improperly, rights of Tibetans to retain their culture and the legitimate, appropriate and positive politi- religion in Tibet; we fought for the rights of HON. RON PACKARD cal activity of the Asian-American community ethnic Hungarians in Transylvania; we fight OF CALIFORNIA has become obscured. The many Asian-Amer- for the Ba’hai in Iran so that the Ayatollah icans that I know and consider to be my IN THE HOUSE OF REPRESENTATIVES cannot succeed in crushing that peaceful, friends are active in their communities and are gentle people. Tuesday, March 3, 1998 It is not an accident that in the entire his- as committed to improving the quality of life tory of the United States that the two men Mr. PACKARD. Mr. Speaker, yesterday for their families and their children as any have been honored by the U.S. Congress with President Clinton announced his objection to other group of Americans. In fact, the 1996 honorary American Citizenship—Sir Winston Congress' proposal to terminate the tax code campaign proved that the Asian-American Churchill and Raoul Wallenberg. These two by the end of the year 2001. I would like to community's participation in the political proc- men represent the two great ideals of our ess is growing. Asian-American civil rights and century. Churchill, the champion of freedom take this opportunity to voice my disappointment in the President's decision to reject our community groups organized an unprece- and democracy, and Wallenberg, the cham- dented nationwide naturalization drive to en- pion of human rights. legislation. I suspect that as time goes on the scope, The tax code represents governmental arro- sure that eligible individuals became citizens the heroism and the depth of these two gi- gance at it highest levelÐin punishes the right and exercised their full contributional rights. Community leaders encouraged people to ants will increasingly penetrate the world, things and rewards the wrong things. We need and future generations will see their time- speak out about important issues, vote in to enact tax reform and put more money back less ideals fulfilled in their own lives. Long record numbers, and run for office. This is the into the hands of taxpayers. after all of us here in this room are gone, kind of participation that, as Americans, we long after the sound and fury of this twenti- Improving the quality of life in America be- should welcome and encourage, particularly eth century have been relegated to the gar- gins with letting families keep more of what from a community that was effectively silenced bage heaps of history, the ideals and the they earn. In the last half-century alone, the memory of Raoul Wallenberg will live on. He by one of this country's most ignoble acts of federal government's take from families has legislation, the 1884 Chinese Exclusion Act. will live on to teach future generations what skyrocketed from only five percent to over I think is the single most important lesson Unfortunately, the racial accusations that of human history—that in order to survive, twenty-four. Add taxes at the state and local have come to eclipse the genuine issue of in order to create more livable condition in level, and nearly half a family's take home pay campaign finance reform have created an at- this world, we must accept the responsibility is spent just to keep government bureauc- mosphere of fear and anxiety among politically of becoming our brothers’ and our sisters’ racies running. Mr. Speaker, lowering taxes active Asian-Americans. We cannot afford, Mr. keepers. This is the meaning of Wallenberg’s returns power to where it rightfully belongsÐ Speaker, to again silence the voice of this still legacy, and this is the meaning of our strug- out of the hands of government and into the gle for human rights across the globe. underrepresented community. Nor can we af- homes of families. ford to ignore the positive contributions and f In his decision to object to the solution that electoral accomplishments of Asian-Americans TRIBUTE TO ANNA DEMARTINO we put on the table, President Clinton de- in this country. Advances are being made in fended the status quo, a 10,000 page tax science, education and government thanks to code that few can decipher and many agree is the efforts of this community. And just last HON. CAROLYN McCARTHY unfair. This code must be replaced, and set- OF NEW YORK year in Washington state, Gary Locke, the son ting a deadline on the current system is the IN THE HOUSE OF REPRESENTATIVES of Chinese immigrants, became the first per- right place to start. Mr. Speaker, I urge my son of Asian descent to win a governorship on Tuesday, March 3, 1998 colleagues to stand strong in the wake of the the continental United States. Mrs. McCARTHY of New York. Mr. Speaker, President's objection to our plan to sunset the In conclusion, Mr. Speaker, I urge members I congratulate and honor Anna DeMartino of tax code. of the media, the political arena and the public

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E272 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 to keep their focus on the real task at handÐ for the future, specializing in digital signal It seems to me, Mr. Speaker, that the points to determine how we can prevent campaign processing solutions, the fastest-growing seg- which Reverend Jackson and the CWA have fundraising scandals from ever happening ment of the semiconductor industry. During raised with the FCC deserve serious consider- again. I realize that we all would like to bring Mr. Adams' tenure, TI's digital signal proc- ation and debate. At $48 billion, this will be to justice anyone who has knowingly and will- essor and mixed-signal/analog revenues al- the largest corporate merger in this Nation's ingly broken our laws. But we cannot allow the most doubled over the past two years, improv- history. It involves two companies which have integrity of the Asian-American community to ing TI's financial performance and increasing historically opposed the right of their workers be sacrifices in the name of a misguided pur- shareholder profits. to organize and belong to labor unions. It also suit of justice. Asian-Americans have proven However, as Chairman, Mr. Adams was just involves two companies which historically themselves exemplary citizens and deserving as focused in having TI serve its surrounding have limited their investment in many of our participants in the American democratic proc- community as he was focused in have the Nation's under-served communities. ess. company increase its financial earnings. I In February 1996, President Clinton called f know Jim Adams as someone who made sure for the American telecommunications industry that his company had a civic duty and respon- to expand its capital investment, to expand its CAMPAIGN FINANCE REFORM sibility of contributing and volunteerism in the hiring, and to expand its efforts to build a community. He knew that a company should stronger, more connected America. HON. RON KIND invest in students and schools in addition to Since then, MCI and WorldCom have chan- OF WISCONSIN investing in stocks and semiconductors. While neled virtually all of their investment to serving IN THE HOUSE OF REPRESENTATIVES ensuring this his company knew the benefits business and upper income communities. Tuesday, March 3, 1998 and good business of assisting education, he They have made no investment in America's commits his personal time in doing the same, inner cities. In fact, when you look at the lead- Mr. KIND. Mr. Speaker, as we begin work as a member of the Baylor University this week, the week after the Senate failed to ership of these two massive companies, Mr. Hankamer School of Business Advisory Board, Speaker, it reflects virtually none of today's pass campaign finance reform legislation, the University of Texas Engineering School many in the media are proclaiming campaign rich American tapestry of diversity. Advisory Council and the Texas A&M Capital Only one of 14 members of the MCI board finance reform dead. I disagree, there is still a Campaign Steering Committee. As his succes- chance if the House of Representatives of directors is not of European American de- sor, Mr. Thomas Engibous acknowledged; scent, and WorldCom's board of directors is passes our own bill. I hope Mr. Speaker that ``His experience, counsel and outreach to the you do not use the vote in the Senate as an the only major telecommunications company community have contributed significantly to the in the U.S. whose board of directors is made excuse for failing to act in this House. new realization of the new TI.'' Because of A majority of the Senate supported the up of only white men, with no race or gender that outreach, he made TI, not only a cor- diversity. McCain-Feingold campaign reform bill. A ma- porate giant, but one with a giant care and jority of the members of the House, as judged Mr. Speaker, we all hear and read about concern for the community. how these giant corporate mergers are going by those who have signed on to campaign re- Before his association with TI, Mr. Adams to help, but how will they help issues of job form legislation, support campaign finance re- had an extensive career in the telecommuni- creation and greater opportunities for All form. The will of the majority in the Senate cations industry. He joined Southwestern Bell Americans? was denied because of Senate rules which re- Telephone Company in 1965, the same year I would like to commend Reverend Jackson quires 60 votes to end debate and pass a bill. he earned his MBA in statistics and business for addressing this important issue. The only way the will of the majority in the finance from the University of Texas at Austin. House can be denied is by your failing to He began his career as a computer supervisor f schedule a vote on this issue. in San Antonio, and, after holding many influ- ADDRESS OF SPEAKER GINGRICH We have been promised a vote on cam- ential positions throughout the country with paign finance reform before the end of March. TO THE WASHINGTON STATE Southwestern Bell and AT&T, he became LEGISLATURE The people of this nation have demanded that president of Southwestern Bell in 1988. we act to clean up our broken election system. Mr. Speaker, in addition to those active pro- They will be watching to insure that the vote fessional tasks, Jim finds the time to partici- HON. JENNIFER DUNN this month is a fair vote without poison pills. pate in many activities in business, govern- OF WASHINGTON Mr. Speaker the people of my district refuse to ment, civic affairs and education, most notably IN THE HOUSE OF REPRESENTATIVES take ``no'' for an answer. Do not let them down serving on the board of the Dallas Citizens Tuesday, March 3, 1998 by denying the will of the majority. Council, the Telecom Corridor Technology f Business Council and the Dallas Symphony Ms. DUNN. Mr. Speaker, on January 13, 1998 House Speaker Newt Gingrich ad- BEST WISHES TO JAMES R. Association. I wish Jim the best of luck as, once again, dressed a Joint Session of the Washington ADAMS he embarks on a new phase of his life in the State Legislature in my home State of Wash- form of retirement. I hope that this time, he ington. In his remarks, he suggested four HON. EDDIE BERNICE JOHNSON gives himself an official retirement after a life- goals for the country. First, that we as a soci- OF TEXAS time of achievement for Texas Instruments ety focus on being drug-free. Second, that we IN THE HOUSE OF REPRESENTATIVES and the greater Dallas community. need to emphasize education and learning. Tuesday, March 3, 1998 f Third, that we should talk about rethinking retirement. And fourth, that we ought to reduce Ms. EDDIE BERNICE JOHNSON of Texas. OPPOSING THE PLANNED MERGER the total amount of taxes the citizens owe their Mr. Speaker, I would like to join the employ- OF MCI COMMUNICATIONS AND government. Mr. Speaker, these are nobles ees of Texas Instruments, Inc. in honoring and WORLDCOM goals and I ask that the full text of his remarks congratulating James R. Adams on his up- be printed in the RECORD. coming retirement on April 16, 1998 following HON. CORRINE BROWN the company's annual meeting of stockhold- I am delighted to be here. Let me start by OF FLORIDA saying to all of you, we share a common fu- ers. Mr. Adams is currently Chairman of the IN THE HOUSE OF REPRESENTATIVES ture, that it is important to build better Board of Directors, and while he will remain a Tuesday, March 3, 1998 abilities to communicate, and we are work- director of the company and serve on various ing very hard, both with the governors and boards, his direction and leadership in the ca- Ms. BROWN of Florida. Mr. Speaker, on with the leaders of state legislatures, to pacity of chairman will be missed. He is de- January 5, 1998, the Reverend Jesse L. Jack- learn how to share what works, what does serving of this retirement, which will actually son, Sr., and the Rainbow/PUSH Coalition not work, what the federal government is be his second. Originally, Mr. Adams came filed comments with the Federal Communica- doing right, what it is doing wrong, and out of retirement in June 1996 to serve as TI tions Commission (FCC) in Washington, op- whether we have a common, general direction we are trying to go in. To recognize, in Chairman following the untimely death of Jerry posing the planned merger of MCI Commu- a country our size, that there is an enormous R. Junkins, who had been TI's chairman, nications and WorldCom. The Communica- difference between Washington, D.C. and the president and CEO since 1985. tions Workers of America, AFL±CIO (CWA) state of Washington, just as there is an enor- Under Mr. Adams' leadership and vision, TI also opposed the merger, but this was not well mous difference between Washington, D.C. was formed into a more successful company covered by the mainstream media. and Georgia.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E273 And so, how do we have a common, general government. Peter Drucker is the leading I want to extend to you an open door, to direction while maximizing our decentraliza- management consultant of the Twentieth say we would like to learn from you, at the tion, maximizing local leadership and maxi- Century, and Edwards Demming developed grass roots, what you are experiencing that mizing local initiatives? I want to share with the concept of quality and taught that con- you think makes it harder for you to do the you, for a few minutes if I could this morn- cept to the Japanese. In fact, the prize for job for the people of the state of Washington. ing, what we have done and where we were the best company in Japan is the Demming We have had an impact in the Congress. going. But frankly, it is exciting to me to see Prize. They are really talking about a way of When we were sworn in in January of 1995, what you have done. You have implemented thinking that is a powerful, information age the Congressional Budget Office was project- Welfare Reform in a very practical way. You modernization over the bureaucratic model ing a $320 billion deficit for the year 2002. have begun to take advantage of the oppor- we have all inherited at every level. From They are now projecting a $32 billion surplus. tunity to help people move out of poverty school board, to city council, to county com- Now you are legislators. I would suggest to and into work, in what I think is a very, very mission, to state government, to federal gov- you that any legislative body which, in three important step in the right direction. You ernment, we have a model of structures that years, can move a system from a $320 billion are working on Education Reform in a way needs to be thoroughly rethought. deficit to a $32 billion surplus has begun a that is very practical, and which is going to I will give you a simple example. I know process of fairly dramatic change. Some of increase the chance of learning for all the this is true in Georgia; I will let you decide that was the economy. But we also saved $600 children of this state. You recognize how if it is true in Washington. My wife, billion in entitlements, we passed Welfare much your state is connected to the world Marianne, went to spend $15 last fall. She did Reform which, as you know, has had a dra- market, whether it is through Boeing or not go to a place like Nordstroms because matic impact. In New York state alone there Microsoft or Weyerhaeuser or wheat farm- she waited in line an hour and a half. She are 509,000 fewer people on welfare today ing; that, in fact, what happens in Jacarta was not buying Beanie Babies or some fad than there were three years ago. They have does matter in Spokane and Seattle and that justifies that. She was getting her driv- moved from the public sector, where they Olympia and across the whole state. er’s license. were taking money from the taxpayer, to the We are, in a sense, entering a new era to- I suggest to you that you have two clocks private sector where they are paying taxes. gether. In the Capitol, in Washington, we in your head. You have been acculturated to It has been a major factor on what has hap- tried to reach out. Let me say, first of all, I have these two clocks. One clock has a sec- pened with the budget turnaround. think the Western Governors’ University is a ond hand and you use it every time you go Because we are committed to a balanced very exciting project. I commend all of you into the private sector facility. When you go budget, we have lowered interest rates by at who have voted to have your state partici- to McDonald’s, when you go to a department least two percentage points over what they pate in it; the notion that you are really now store, when you stand waiting to be served, would have been otherwise. That has had a becoming pioneers for the whole country, in there is a second hand which you watch prior huge effect on farming, or purchasing cars telecommunications, in the use of distance to getting impatient. The second clock has and buying houses, on paying off student learning, and in making available to all citi- fifteen-minute increments and you use it loans, and on all the different things people zens across an eight-state region an oppor- when you walk into public buildings. You pay interest on, including what governments tunity to share educational resources. That will inherently wait longer and be less impa- pay in interest. We think we have begun. But we have a lot is a very important development, and it is tient. Now, in both experiences you are pay- to do, and a long way to go. I want to pro- ultimately going to allow you to lead, not ing money. In one case, it is taken from you pose to you that there are four major goals, just the United States but the entire world in taxes and in the other case it is voluntary. lots of things we need to do together. I could as people tie in and then learn from these ex- You are a customer in both cases. But we talk today about the ICE T bill in transpor- periences. have allowed, over the last 50 years, the pri- I also have to say that the Western States vate sector to modernize, to rethink what it tation, because I know it is an important issue. I could talk about a wide range of Coalition that Speaker Ballard talked about, is doing, to maximize its customer orienta- issues that matter. But I want to focus on I found last summer to be very helpful. We tion, while allowing the public sector to find four today. Although, before I do, I do want brought a number of eastern members out, excuse after excuse to avoid rethinking its to commend you for your rainy day fund. I and as you know, the West is different. It is development. was calculating based on the size of your bigger. It is more complex. In some parts of Part of what I hope we can do together is budget; if we had a comparable rainy day the West, water problems are dramatically think through what a Twentieth Century in- fund, it would be about $90 billion. I will let different. We in Georgia never quite experi- formation age, customer-oriented model of you imagine a Washington, D.C. that would ence the same water situation as in Eastern governance would look like? How would you allow $90 billion to sit there without having Washington. We are in a situation where we design it? How would you staff it? How would approximately $400 billion of new ideas! But have a huge surplus of water most of the you reward people who were effective, and retrain people who were ineffective? Or dis- I do commend you because it is the right di- time. We do not understand Western water rection and it is the way we should be mov- laws compared to Eastern law. miss them if they refuse to learn? And how can we think that process through so that ing. To be in situations where we can look at I want to suggest four goals to you. First, people 20 years from now have the same ex- the coming together of modern urban civili- that we become a society that focuses on pectation of efficiency, customer orientation zation, because in every Western state there being drug-free and, therefore with dramati- and modern performance out of the public are urban areas, and in fact, some of the cally less violence. Second, as you are al- sector that they have out of the private sec- Western states are more urbanized than ready doing, we really emphasize education tor? And that would lead to a revolution in some of the Eastern states in terms of the and learning. Third, we have now come to a way people are, to look at that next to the the structure of our governments. point in our history where we should talk I think it has to be done together because environmental concerns, next to the agricul- about rethinking retirement. And fourth, the truth is, and this is a message I have for tural, mining and forest concerns, to see it that we ought to talk openly about what is every state legislature as well county com- first hand, is important. I have already told the total amount of taxes the citizens should missions, school boards and city councils, the Speaker that I will be back, hopefully, in owe their government in a peacetime envi- there are things we do in Washington, D.C. August for a visit to Washington state to ronment. Let me briefly talk about each. Let which make it harder for you in Washington look at the Columbia River Basin, to look at me be candid and say these will only work in state to be effective. One of the things I other concerns, and to get a better briefing collaboration. They will only work if we on the issues that matter. And also to fly to would encourage you to do is to identify in work together. Alaska, and look at our largest state and literally every one of your legislative com- I think the number one goal we should es- what their unique concerns are. mittees, and report back to us, those things tablish is to break the back of the drug trade I commend those legislative and other we should change which are stopping you and the back of the drug culture. To insist leaders who began to develop a Western state from modernizing the government of the that our children deserve to live in a drug- coalition to talk through what we should do state of Washington. I think I can speak for free society where they are not threatened at the federal level to increase flexibility all three of the members here with me with addiction and where they are not within a framework of still getting to a com- today—for Jennifer Dunn, who is now the threatened physically. I believe, as a histo- mon, general direction. I think the informa- highest-ranking elected woman legislator in rian, we can do it. We have done it before. tion age, with Microsoft and many other de- the U.S. Congress as the vice-chair of our We did it in the 1920’s. Other countries have velopments here is going to give us some op- conference; for George Nethercutt, who is done it. It is a matter of willpower, focus, re- portunities that are enormous. I think the doing a tremendous job on the Appropria- sources and management. world market gives us opportunities that are tions Committee; for Linda Smith, who has I came today to ask you and your governor enormous. And as the state that houses our been working very, very hard on reform to work together to tell us, from the state of most successful exporter of manufactured issues—I think they would say the whole del- Washington, what you need from the federal goods, Boeing, you know how important the egation is prepared to try to serve as a government as your highest priority to en- world market is. But I think they also offer bridge to come back and say to us, ‘‘The fol- able you to have a drug-free Washington us opportunities to work together. lowing 37 laws are pretty dumb. The follow- state. What do we have to do to do our share One of the things I hope to do is to intro- ing 600 regulations do not work. The follow- of the job? And then ask you to do your duce the spirit of Peter Drucker and Edwards ing micro-management is making it impos- share of the job and make a genuine commit- Demming into the whole way we think about sible to reform.’’ ment.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\CRI\E03MR8.REC pfrm04 E274 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 I will just give you one specific statistic My wife is a product of public schools. Both signed a contract with ourselves. We the peo- that I find staggering. If you are a woman, of our daughters went to public school. I ple of the United States, we issued a declara- you are 27 times more likely to be killed if taught part-time when I was a college teach- tion that says ‘‘we hold these truths to be you are in a home with hard drugs than if er. I also taught in the public high school. self-evident.’’ And if our citizens do not grow you are in a drug-free home. Not 27 percent, Most schools do pretty well. But every one of up learning these things, how can we expect but 27 times. That is 2700 percent more likely you knows that there are some schools in America to continue? to be killed. And when we talk about vio- this state you would not send your children But secondly, the Declaration says, ‘‘We lence in America, I do not think we can talk to, just as you know there are some schools are endowed by our Creator . . .’’ Now, I about the future without realizing how much in my state that I would not send my chil- want to see the ACLU lawsuit that explains of that is tied to drugs. We realize that in dren to. why the teacher cannot explain what the New York City alone, there are 32 drug-ad- And here is the test for us. We say in our Founding Fathers meant when they used the dicted babies born every week. The human Declaration of Independence that we are en- word ‘‘Creator’’. I think it would be a very and financial cost of not taking on drugs is dowed by our Creator with certain inalien- edifying moment in American history. horrendous. able rights, among which are life, liberty and America is radically different than Europe. We are challenging General McCaffrey to the pursuit of happiness. We have to take In the European model, power went from God produce a World War II-style victory plan. I that passionately and apply it to education to the king and was loaned to the citizens. think we need a decisive, sharp, two- or reform. This means that every child of every This is why Brussels is worse than the IRS. three-year effort to break the back of the ethnic background in every neighborhood In the European model, the citizen only has drug culture, to make it too expensive to use has been endowed by God with the right to those rights loaned to them by the state. In drugs. And to recognize that the problem is pursue happiness. In the information age, if the American model, from our opening date not in Colombia. The problem is not in Mex- you are not learning how to read and write, of our first document, we said power goes ico. The problem is in the streets, the neigh- and you are not getting an education, you from God to the citizen, and you loan it back borhoods and the schools of America, and in are more likely to go to prison than to go to to the government. It is a very different the professional sports of America and college, and you are not being given the true model. And I just think if we spent one day among some of the rock stars of America. If opportunity to pursue happiness. I think a year from the first grade to twelfth grade we are not buying it, they are not going to that is how we ought to approach education studying that model, coming into contact be shipping it. We have an obligation to start reform. with the great people who created this coun- in America to win the war on drugs—to be We ought to say first of all to a school sys- try, we would be a healthier country. We the model country for everyone else, to not tem, let us start writing into the contract would be a country with a better sense of just lecture Mexicans and Colombians on that if your school is in the bottom 20 per- where our rights come from. We would be a what we wish they would do because we do cent in scoring, the contract does not apply country with a more serious sense of why not have the guts to do it here at home. any more, as of that date. Not ‘‘Let us slowly being a citizen matters. And so I want to If you will let us know, whether by resolu- modify tenure.’’ Not ‘‘Let us have a study commend that to you. tion, by report, or by letter, what we need to commission.’’ You would not leave your chil- Our third goal is to look at retirement. A do to help you win the war in the state of dren in those schools. We have too many of lot of that is federal. But I also have a pro- Washington, and if we can get every state our friends who are very big passionate sup- posal that I think you will find interesting legislature engaged and every state govern- porters of the worst public schools, but their at the state level. And this is very simple. ment engaged, I truly believe, in three or kids go to private school. We have too many We are moving from 60 years of deficit spend- four years, we will be a drug-free country. teachers who pay the union dues and they ing. We were about to move to a generation And I can imagine nothing, nothing that will want to make sure that we do not reform of surpluses. This is not like 1969, the last do more for children’s health than to be able public schools; but their children go to pri- surplus. We had lots of deficits, one year of to win the war on drugs and save them from vate school. There are some big city systems surplus, and then lots of deficits. If we were that kind of a future. where 40 percent of the public school teach- disciplined in Washington, and if we avoid Second, I want to pledge to you our com- ers send their children to private school be- war, we will be in a position to have twenty mitment to work with you on Education Re- cause they know better. We have an obliga- or thirty years of surpluses. form. I want to draw one distinction between tion to be passionate about this. Winston This gives us for the first time a chance to education and learning. I think we want the Churchill had a phrase for World War II. He talk seriously about retirement, to recognize best education system in the world, and I would pass a note that said, ‘‘Action this that Social Security is a very powerful and think we want the best system of learning in day.’’ This should be our attitude across the tremendous system developed in 1925 when the world. They are not necessarily the board to the system. there were no computers. But Social Secu- same. Here again, I want to thank Microsoft, I want to suggest three reforms that are rity is neither personal nor modern. In fact, where I will be spending part of the after- very specific. Two of them we are not going in one study that Congressman Mark noon studying. We have an education system to do at the federal level, one we have to. Sandford of South Carolina put out, he that is teach-focused. A learning system is But I am here as a citizen sharing ideas; I am looked at his 20-year-old son. He said ‘‘You student-focused. not here to say we are going mandate any. know, Einstein was asked, ‘What is the most We have the potential in the next decade I do want to suggest as a general principle powerful thing in the universe?’ And he said, to build a seven-day-a-week, 24-hour-a-day that we should have a passionate, deep com- ‘Compound interest.’ ’’ If you simply take learning system available for a lifetime, mitment to every child in American learning the FICA tax a 20-year-old will pay today which you can access from anywhere at any- how to read by end of the fourth grade. We and invest their FICA tax over their lifetime at your convenience and learn as much should focus overwhelmingly on learning time, in an average market basket invest- as you are capable of learning. We should how to read and write in the fourth grade. I ment, not buying Microsoft when it is young, make it a national goal to really encourage am going to be very direct: we should learn but an average market basket investment, the development of that kind of learning sys- how to read and write in English, because they will make $975,000 for their retirement. tem. To some extent, your Western State that is the commercial language of the If you give them the current government Governors’ University is a step in the direc- United States, and they are having their fu- payment, they will make $175,000. So, we are tion, but we are only scratching the surface. ture crippled if they cannot read and write condemning 20-year-olds to lose $800,000 by We have the potential for everyone to learn, by the fourth grade. the way we have designed the system. and to do it at their convenience. Now, this Second, I think that the federal govern- I am proposing a National Commission on is not a panacea. It is not a replacement for ment should modify the bilingual education Retirement, made up of one-third baby an education system. But it is an important law to make it local option. You at the state boomers, one-third older than baby boomers, enhancer, and it will allow us to leapfrog, level and the school boards at the local level and one-third younger than baby boomers. I not catch up, not match up with, but leap- should have the right to decide for your chil- suggest to my colleagues in the House and frog the Japanese, Germans and others in dren what is the most effective way to make Senate that they set up a citizens committee providing the best system of learning in the sure that they are capable of reading and in their district tied in by the Internet to world, which is essential if we were going to writing in English at the earliest possible the National Commission. I think we ought have the best economic competition in the time. to look at the totality, because I believe that world. Because, if you do not have good And third, I would really like to suggest by using a good part of the surpluses intel- learning in the information age, you cannot you consider, and I say this upon the state ligently, we can make the transition to a produce the technology you need in order to with some trepidation, but I would like you personal, modern social security system, tied have the best jobs in the world. So this is to consider mandating that, once a year, at into the development of better pensions and vital to our entire future. every grade level, a day be spent looking at tied into the development of better savings. In addition, we need the best education the Declaration of Independence and the And we can leave our children and grand- system. I favor scholarships, so that in real- Constitution. I say this for two reasons. children a dramatically better retirement in ly bad neighborhoods parents have the right First, as a historian, I actually think it is a much wealthier country with a much high- to choose. But this is not going to solve the kind of good for Americans to learn how er savings rate with much lower interest problem. Most children in America are going they became American. We are multi-ethnic, rates and much more capital investment. to learn in public schools for the rest of their but we are one civilization. We are bound to- And that is a much healthier America in the lifetimes. I am a product of public schools. gether by this thing of being American. We future.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\CR\CRI\E03MR8.REC pfrm04 March 3, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E275 And I know it takes some courage for the next generation, ‘‘What are the goals HONORING THE FIRST elected officials to raise the issue, but I just worth doing? Let us work together to do it.’’ PRESBYTERIAN HISPANIC CHURCH think we are at a magic moment of transi- I accept fully the responsibility today that tion. I believe the grandparents, as long as I have come here and said, you come up with they are secure in getting the current sys- ideas on the drug war; we have to listen to HON. ILEANA ROS-LEHTINEN tem, will want their grandchildren to have you and at least try to help. You come up OF FLORIDA the best possible future. And I believe we can with what we need to do to get out of your IN THE HOUSE OF REPRESENTATIVES have an honest, adult, dialogue about this way in education; we have an obligation to without the kind of mudslinging and the listen and try to help. You tell us what we Tuesday, March 3, 1998 kind of 30-second commercials that so badly are doing wrong about pensions that make Ms. ROS-LEHTINEN. Mr. Speaker, today, I weaken our political structures. So, I en- your job harder, let us know. And you tell us courage you to look at it, to offer us advice, am proud to recognize the First Presbyterian how you think we should change federal pen- Hispanic Church. but I also encourage you to look at the state sion law. It would be very helpful and we program. I do not know the details of your would listen to you. The Cuban patriot Jose Marti once said: program, but I will tell you that Michigan And finally, if we are going to get there to- ``We need temples of love and humanity that has now adopted a new, personal pension sys- gether, we have an obligation both to shrink free everything that is generous in man.'' tem that vests within two years, where the the federal government and to shrink the Marti's vision was one shared by Reverend new employees are controlling their own burden the federal government imposes on Ernesto Sosa, a constituent of my congres- money in a way that is a very dramatic de- you. But, I think for our citizens, the Amer- parture from the way we have done pensions sional district. Reverend Sosa, along with a ica I just described would be a vastly better group of dedicated leaders, founded the in the last 60 years. place. Finally, I want to ask a very touchy ques- Primera Iglesia Hispana Prebysteriana, the tion, and you are the first group of legisla- And let me just close with this thought. First Presbyterian Hispanic Church on March Every time I come out here, I have to tell tors I have done this with. So I will be very 2, 1958, in Miami, Florida. This group of dedi- curious to see your reaction after I leave and you, I just love coming to this state. I think part of it relates to the fact that I was here— cated community leaders who for many years you no longer have to be polite because I am had fought for freedom and democracy in around. I want to raise a serious question: In some of you will be able to identify this—a peacetime, in a free society, how much few years ago on a stopover and went down Cuba, returned to there in the hopes of estab- should your government be allowed to take to the fish market and bought a geoduck and lishing the church in their homeland. Their from you? took it to my mother-in-law, who promptly dreams were shattered, however, when the I was fascinated when I read Paul John- chopped it up and made stew out of it. I have Castro dictatorship set itself on a course of re- son’s new History of the American People. to say, also, that I just brought back a very ligious oppression and persecution. He is a former socialist in Britain turned wonderful salmon that they identified with much more immediately and ate imme- The group returned to this great country conservative and he has written a wonderful where individual freedoms are not only valued history of the American people. And he said diately. that in 1775, we were probably the lowest- But, it is a fabulous state. You sort of have but protected and when they would be free to taxed people in the history of the world and this sense, I always have this sense, when I complete their generous and noble task. The we hated every penny. And he said we were come here what Lewis and Clark must have church began by establishing a center to asso grateful that we were so low-taxed as to felt. As an easterner, when I fly in and look sist new refugees, a place where regardless of say, ‘‘How come you need this?’’ And the out at Mt. Rainier, when I look at Puget race or creed, people were offered food, cloth- part about how much freedom, in part, is a Sound, when I see the weather, even on rare ing and medicine. A year after the establish- function of how much time you have. How days like yesterday—again, for a Georgian, it was very exciting—I think we lose, some- ment of the center, a clinic and nursery were much money do you have? Not how much developed to provide additional services to the does your government have to give to you. times, the romanticism of what this country How much do you have? And it turns out is about. This country is a romance. This community. The center not only offered re- that when you study it that the American country has the most magical way of saying sources to the public, but spiritual guidance at people said for forty years that they believe, to the whole planet, ‘‘I do not care what your a time when many of these families were suf- in peacetime, the most their government background is, I do not care what your reli- fering through the difficulty of being separated should take from them is 25 percent. We cur- gion is, I do not care what your ethnicity is. from their loved ones and adjusting to life in rently—federal, state and local—take 38. If you have a big enough dream and you are their new country. And what I would like to propose is that willing to pursue it, come to America and try it out.’’ And the result has been to put The Iglesia Prebysteriana Hispana de Miami we set a goal over the next ten to fifteen eventually built a new temple to accommodate years to get to 25 percent taxation. The feds together the most exciting opportunities for currently take about 22 percent. I propose we people in the history of the world. their growing congregation. The current pas- go down to 14 percent. So we lose 8 percent. This is a great country filled with good tor, Reverend Mardoqueo Munoz-Castillo, con- State and local currently takes about 16 per- people and given a chance to achieve re- tinues to lead the congregation in weekly Sun- cent, I propose state and local goes down to markable things. I believe we can work today masses. Today, after celebrating the for- abut 11 percent. So we will drop by more gether in a partnership—not us dictating to tieth anniversary of their founding, the church than you will have to drop. But, I think it is you—but in a partnership. And we can give provides a variety of support resources to the fair for you to come back to us and say, our children and grandchildren an even public and, as always, important spiritual guid- greater America with an even greater future. ‘‘Fine, how about block-granting education ance. money rather than having 700 little pro- And through that, we can give the entire grams? How about dropping this kinds of red human race an opportunity to live in free- f tape?’’ I think it is a two-way dialogue. dom and prosperity and safety. But, if we take Demming and Drucker; if Thank you for honoring me by allowing me NATIONAL MIDDLE SCHOOL we are prepared to prioritize, modernize, to come here today. Thank you. MONTH downsize and privatize, we can create, over the next ten to fifteen years, a country f where people have more take-home pay, a HON. RICHARD E. NEAL better retirement system, a lifetime learning PERSONAL EXPLANATION OF MASSACHUSETTS system, and an education system that either IN THE HOUSE OF REPRESENTATIVES works or is changed rapidly when it starts to fail. People will be competitive in the world HON. PATSY T. MINK Tuesday, March 3, 1998 market, having the highest technology and OF HAWAII Mr. NEAL. Mr. Speaker, it is my pleasure to the greatest entrepreneurship to produce the best goods, giving us the highest incomes IN THE HOUSE OF REPRESENTATIVES stand before this great legislative body during Education Week to acknowledge the positive with the greatest economic security and the Tuesday, March 3, 1998 capacity to lead the world. educational initiatives that are taking place in Yes, this is big. Yes, it is a lot. But, frank- Mrs. MINK of Hawaii. Mr. Speaker, on Feb- the Second Congressional District of Massa- ly, the Contract With America was pretty ruary 11 and 12, 1998, I was granted a leave chusetts. different when we started and I am very of absence and according missed Roll Call This month is National Middle Level Edu- proud that at the key moment in the fall of votes number 12 through 17. Had I been cation Month, and I would like to take this op- 1994, we bought a two-page ad in TV Guide that did not attack anybody, did not have present I would have voted No on Roll Call portunity to commend Mary E. Wells Junior any pictures. It just said, ‘‘You hire us and number 12, and Yes on Roll Call number 13, High School in Southbridge, Massachusetts we will try to do these ten things.’’ And I Yes on Roll Call number 14, Yes on Roll Call for the strives they are making in promoting think the time has come as citizens, across number 15, Yes on Roll Call number 16, and academic excellence to all of their students. the board in both parties, to talk about for No on Roll call number 17. Mary E. Wells Junior High School, under the

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 E276 CONGRESSIONAL RECORD — Extensions of Remarks March 3, 1998 leadership of Principal Brian Abdallah and age, and they fight for those who are in need. Norm Levy's absence leaves a great void in Vice-Principal Bryant Montigny, has submitted Senator Levy was such a hero, a champion Long Island politics. He was an outstanding to me a Proclamation that epitomizes the di- for Long Island and New York. He was an ex- legislator, a sharp-minded and insightful politi- rection that education and standards of excel- traordinary example of a public leader. cian, and unlike many people in our business, lence should follow across the nation. Mary E. I am fortunate to have known Senator Levy a truly nice guy. I was always proud to call Wells Junior High School attained the privilege for many years and I very much admired him him my friend. and honor of being nominated by the Massa- for his moral compass, dedication to public The people of Long Island and all of New chusetts Department of Education as a Blue service, and his ability to work for his constitu- York State will be poorer for his loss. Ribbon School for the 1997±1998 school year. ents. Senator Levy was a remarkable individ- This distinction gives credence to the diligence ual who lived his life with dignity and grace, f and dedication of the teaching staff at Wells earning the respect of the Long Island com- and the positive outcomes that can result munity. He dedicated his life to making this TRIBUTE TO NEW YORK STATE when challenging standards and curriculum same community a safer and more enjoyable SENATOR NORMAN J. LEVY (193– exist and teaching and active learning partner- place to live and work. 1998) ships are pursued. Senator Levy has a long and distinguished career serving the State of New York, begin- PROCLAMATION ning in the Nassau County District Attorney's HON. CAROLYN McCARTHY Whereas, middle level education has a spe- office and then serving in the New York State OF NEW YORK cial and unique function in the nation’s education system; and Senate since 1970. In the State Senate, he IN THE HOUSE OF REPRESENTATIVES Whereas, young adolescents are undergoing developed and fought to pass innovative legis- dramatic physical, social, emotional and in- lation. Among his many achievements, Sen- Tuesday, March 3, 1998 tellectual growth and are especially vulner- ator Levy sponsored the first mandatory seat- Mrs. MCCARTHY of New York. Mr. Speak- able; and belt law, ensuring that drivers and passengers er, I wish to join my colleagues from Long Is- Whereas, the habits and values established are safe on New York roads. He was also an land in honoring the accomplishments of a dis- during early adolescence have critical, life- active proponent for special education and long influence; and tinguished public servant, State Senator Nor- Whereas, this influence affects the future had an open and direct relationship with man J. Levy. Senator Levy recently passed health and welfare of our nation; and teachers and parents. away, leaving behind a strong legacy of com- Whereas, an adequate public understanding Not only did Senator Levy work on behalf of mitment and dedication to the State of New of the distinctive mission of the middle level the residents of New York State in the State York and Long Island in particular. school is necessary for that mission to suc- Legislature, but he was also very active in Norman J. Levy was well known and re- ceed; and many community organizations and charities. spected by the people of Nassau County. He Whereas, it is incumbent upon all of us in For his many personal achievements and was born on January 24, 1931 in Rockville education and in the larger community to most importantly for his friendship, I will fondly have high expectations for all students, edu- Center, New York and attended elementary remember New York State Senator Norman cators, schools, parents, and community school in Lynbrook and Malverne. After receiv- Levy and continue to look to him as one of the members for middle school students to ing degrees from Bucknell University and best examples of a dedicated and conscien- achieve and develop to their fullest poten- Brooklyn Law School, Mr. Levy began his ca- tial; tious public servant. I am proud to have reer of service to the American people by join- Therefore be it Resolved, that the month of known such an extraordinary individual. March 1998 be declared National Middle With Senator Levy's passing the people of ing the U.S. Army as a Chief Legal Clerk to Level Education Month; and is being cele- Long Island and New York have lost a great the Army Staff Judge Advocate from 1954 to brated at Mary E. Wells Junior High School friend. 1956. in Southbridge, Massachusetts. f In 1958, Norman Levy became the first law Resolved, that the public be afforded spe- intern of the Nassau County District Attorney's cial opportunities to visit middle schools and TRIBUTE TO NEW YORK STATE office and moved-up to become Assistant Dis- participate in programs that focus on the na- SENATOR NORMAN J. LEVY (1931– ture of young adolescents, celebrate the trict Attorney of Nassau County in 1959. In ways in which our nation’s schools respond 1998) 1962, he was appointed Chief of the Nassau to their needs and to the needs of the nation; County Rackets Bureau where he fought orga- and Resolved, that the public be encouraged HON. PETER T. KING nized crime until being elected to the New to commit to working with schools to pro- OF NEW YORK York Senate in 1970. vide the highest standard of schooling and IN THE HOUSE OF REPRESENTATIVES While representing the people of Nassau highest expectations for all adolescents and adults working with them. Tuesday, March 3, 1998 County in the Senate, Senator Levy distinguished himself as a true leader. He served f Mr. KING. Mr. Speaker, I rise today to honor one of New York's greatest statesmen, Sen- as Chairman of the Committee on Labor and TRIBUTE TO NEW YORK SENATOR ator Norman Levy. Norm Levy passed away later as Chairman of the Committee on Trans- NORMAN J. LEVY (1931–1998) last month, after a long illness. He will be portation. He also served as Chairman of the missed. Senate Task Force on Drunk Driving. Chair- HON. RICK LAZIO Norm Levy was one of the giants of the man Levy became a nationally recognized ad- New York State Legislature. He was a domi- vocate for safety by sponsoring anti-DWI legis- OF NEW YORK lation and highway safety laws, including our IN THE HOUSE OF REPRESENTATIVES nate presence in the Senate and was admired and respected by members of both parties. As nation's first mandatory seat-belt law. Tuesday, March 3, 1998 Chairman of the Transportation Committee, he Mr. Speaker, we will miss Senator Levy. Mr. LAZIO of New York. Mr. Speaker, I rise was instrumental in directing policy on issues And we will remember him fondly as a cham- to respectfully acknowledge the passing of affecting the lives of all New Yorkers. pion in the fight for safety and the fight against New York State Senator Norman J. Levy on Norm Levy was also a strong voice for Long crime. Through his dedication and commit- Saturday, February 7, 1998. Island in Albany. He was unmatched in seeing ment, he made Long Island, and the whole True heroes do not come around very often. to it that our region's concerns were ad- State of New York, a safer and better place Heroes take chances, they demonstrate cour- dressed by the state government. for our families.

VerDate 27-FEB-98 05:33 Mar 04, 1998 Jkt 059061 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\CRI\E03MR8.REC pfrm04 Tuesday, March 3, 1998 Daily Digest Senate former recipients of public assistance under the State Chamber Action temporary assistance to needy families programs that Routine Proceedings, pages S1215–S1295 are economically self-sufficient. (By 54 yeas to 43 Measures Introduced: Six bills and five resolutions nays (Vote No. 19), Senate tabled the amendment.) were introduced, as follows: S. 1698–1703, S.J. Res. Pages S1217±25, S1234±36 42 and 43, and S. Res. 188–190 Page S1255 Pending: Measures Reported: Reports were made as follows: Lautenberg Amendment No.1682 (to Amendment H.R. 1116, to provide for the conveyance of the No. 1676), to prohibit the possession of any open al- reversionary interest of the United States in certain coholic beverage container, or the consumption of lands to the Clint Independent School District and any alcoholic beverage, in the passenger area of a ve- the Fabens Independent School District. hicle on a public highway. Pages S1237±49 S. Res. 174, to state the sense of the Senate that A unanimous-consent agreement was reached pro- Thailand is a key partner and friend of the United viding for further consideration of the pending States, has committed itself to executing its respon- amendment on Wednesday, March 4, 1998, with a sibilities under its arrangements with the Inter- vote to occur thereon. Pages S1236±37 national Monetary Fund, and that the United States Senate will resume consideration of the bill on should be prepared to take appropriate steps to en- Wednesday, March 4, 1998. sure continued close bilateral relations. Appointments: S. Con. Res. 60, expressing the sense of Congress in support of efforts to foster friendship and coopera- Amtrak Reform Council: The Chair, on behalf of tion between the United States and Mongolia. the Democratic Leader, pursuant to Public Law S. Con. Res. 78, relating to the indictment and 105–134, announced the appointment of Donald R. prosecution of Saddam Hussein for war crimes and Sweitzer, of Virginia, to serve as a member of the other crimes against humanity. Page S1255 Amtrak Reform Council. Page S1294 ISTEA Authorization: Senate resumed consider- National Summit on Retirement Income Sav- ation of S. 1173, to authorize funds for construction ings: The Chair, on behalf of the Majority Leader, of highways, for highway safety programs, and for pursuant to Public Law 105–92, appointed numer- mass transit programs, with a modified committee ous individuals as participants in the 1998 National amendment in the nature of a substitute (Amend- Summit on Retirement Income Savings. Page S1294 ment No. 1676), taking action on amendments pro- Messages From the President: Senate received the posed thereto, as follows: Pages S1217±49 following messages from the President of the United Adopted: McCain/Hollings Amendment No. 1680 (to States: Amendment No. 1676), to improve travel safety on Transmitting the report of the Interagency Arctic roads and waterways, promote the safe shipment of Research Policy Committee for the period February hazardous materials, advance pipeline transportation 1, 1996 through January 31, 1998; referred to the safety, and ensure that the commercial motor vehicle Committee on Governmental Affairs. (PM–102). fleet is well maintained and operated. Pages S1225±29 Page S1254 Kempthorne Amendment No. 1681 (to Amend- Transmitting the report of the Department of ment No. 1676), to improve the protection given by Housing and Urban Development for calendar year air bags and reduce the risks from air bags. 1996; referred to the Committee on Banking, Hous- Pages S1229±32 ing, and Urban Affairs. (PM–103). Page S1254 Rejected: Transmitting a report entitled ‘‘1998 National Wellstone Amendment No. 1679 (to Amendment Drug Control Strategy’’; referred to the Committee No. 1676), to require a report on the number of on the Judiciary. (PM–104). Pages S1254±55 D153 D154 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1998 Nominations Received: Senate received the follow- APPROPRIATIONS—FBI/DEA/INS ing nominations: Committee on Appropriations: Subcommittee on Com- Thelma J. Askey, of Tennessee, to be a Member merce, Justice, State, and the Judiciary, and Related of the United States International Trade Commission Agencies held hearings on proposed budget estimates for the remainder of the term expiring December 16, for fiscal year 1999 for the Department of Justice, 2000. receiving testimony in behalf of funds for their re- Jennifer Anne Hillman, of Indiana, to be a Mem- spective activities from Louis J. Freeh, Director, Fed- ber of the United States International Trade Com- eral Bureau of Investigation, Thomas A. Constantine, mission for the term expiring December 16, 2006. Administrator, Drug Enforcement Administration, Stephen Koplan, of Virginia, to be a Member of and Doris Meissner, Commissioner, Immigration and the United States International Trade Commission Naturalization Service, all of the Department of Jus- for the term expiring June 16, 2005. tice. 1 Air Force nomination in the rank of general. Subcommittee will meet again tomorrow. Routine lists in the Army, Coast Guard. APPROPRIATIONS—DOE DEFENSE Pages S1294±95 PROGRAMS Messages From the President: Pages S1254±55 Committee on Appropriations: Subcommittee on Energy Executive Reports of Committees: Page S1255 and Water Development held hearings on proposed budget estimates for fiscal year 1999 for Department Statements on Introduced Bills: Pages S1255±61 of Energy defense programs, receiving testimony Additional Cosponsors: Pages S1261±62 from Victor H. Reis, Assistant Secretary of Energy Amendments Submitted: Pages S1264±83 for Defense Programs. Subcommittee will meet again on Tuesday, March Notices of Hearings: Page S1283 10. Authority for Committees: Page S1283 APPROPRIATIONS—IMF SUPPLEMENTAL Additional Statements: Pages S1283±94 Committee on Appropriations: Subcommittee on Foreign Record Votes: One record vote was taken today. Operations held hearings on proposed supplemental (Total—19) Page S1236 appropriations for the fiscal year ending September Adjournment: Senate convened at 10 a.m., and ad- 30, 1998 for the International Monetary Fund, re- journed at 6:20 p.m., until 9:30 a.m., on Wednes- ceiving testimony from Robert E. Rubin, Secretary, day, March 4, 1998. (For Senate’s program, see the and Lawrence H. Summers, Deputy Secretary, both remarks of the Acting Majority Leader in today’s of the Department of the Treasury; and Alan Green- Record on page S1294.) span, Chairman, Board of Governors of the Federal Reserve System. Subcommittee will meet again on Tuesday, March Committee Meetings 17. APPROPRIATIONS—MILITARY (Committees not listed did not meet) CONSTRUCTION Committee on Appropriations: Subcommittee on Mili- APPROPRIATIONS—AGRICULTURE tary Construction held hearings on proposed budget Committee on Appropriations: Subcommittee on Agri- estimates for fiscal year 1999 for Army and defense culture, Rural Development, and Related Agencies agency military construction programs, receiving tes- held hearings on proposed budget estimates for fiscal timony from Alma B. Moore, Acting Assistant Sec- year 1999 for rural programs of the Department of retary of the Army (Installations, Logistics & Envi- Agriculture, receiving testimony from Jill Long ronment); Brig. Gen. Gary W. Heckman, Director, Thompson, Under Secretary for Rural Development, Center for Command Support, U.S. Special Oper- Wally Beyer, Administrator, Rural Utilities Service, ations Command; Frederick N. Baillie, Executive Di- Jan E. Shadburn, Administrator, Rural Housing rector, Resource, Planning and Performance Direc- Service, Dayton J. Watkins, Administrator, Rural torate, Defense Logistics Support Command, Defense Business-Cooperative Service, and Robert Armstrong, Logistics Agency; Carolyn H. Becraft, Deputy Assist- Executive Director, Alternative Agricultural Re- ant Secretary of Defense (Personnel Support, Families search and Commercialization Corporation, all of the and Education), Office of the Under Secretary of De- Department of Agriculture. fense (Personnel and Readiness); and Rear Adm. Subcommittee will meet again on Tuesday, March Tom Carrato, USN, Chief Operating Officer, 10. TRICARE Management Activity. March 3, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D155 Subcommittee will meet again on Tuesday, March Attorneys General and tobacco companies to man- 10. date a total reformation and restructuring of how to- AUTHORIZATION—DEFENSE bacco products are manufactured, marketed, and distributed in America, focusing on proposed restric- Committee on Armed Services: Committee resumed hear- tions on the advertising, marketing and sale of to- ings in open and closed sessions on proposed legisla- bacco products, receiving testimony from Senator tion authorizing funds for fiscal year 1999 for the Mack; Robert Pitofsky, Chairman, Federal Trade Department of Defense and the future years defense Commission; Michael P. Eriksen, Director, Office on program, focusing on the military strategies and Smoking and Health, Centers for Disease Control operational requirements of the unified commands, and Prevention, Department of Health and Human receiving testimony from Gen. Wesley K. Clark, Services; Matthew L. Myers, Campaign for Tobacco- USA, Commander-in-Chief, U.S. European Com- Free Kids/National Center for Tobacco-Free Kids, mand; Gen. John H. Tilelli, USA, Commander in and David C. Vladeck, Public Citizen Litigation Chief, United Nations Command/Combined Forces Group, both of Washington, D.C.; Richard A. Command Korea, and Commander, U.S. Forces Daynard, Northeastern University School of Law, Korea; and Gen. Anthony C. Zinni, USMC, Com- Boston, Massachusetts; David S. Versfelt, Donovan, mander-in-Chief, U.S. Central Command. Leisure, Newton & Irvine, New York, New York, on Committee will meet again on Thursday, March behalf of the Freedom to Advertise Coalition; and 5. Martin Redish, Northwestern University School of AUTHORIZATION—DEFENSE Law, Chicago, Illinois. Committee on Armed Services: Subcommittee on Hearings continue on Thursday, March 5. Seapower held hearings on proposed legislation authorizing funds for fiscal year 1999 for the Depart- FOREST SERVICE BUDGET ment of Defense and the future years defense pro- Committee on Energy and Natural Resources: Committee gram, focusing on the seapower threat-based force re- concluded hearings to examine the President’s pro- quirement, receiving testimony from Gen. Joseph posed budget request for fiscal year 1999 for the W. Ralston, USAF, Vice Chairman of the Joint Forest Service, after receiving testimony from Mi- Chiefs of Staff; Adm. Donald L. Pilling, USN, Vice chael P. Dombeck, Chief, Forest Service, and James Chief of Naval Operations; and Gen. Richard I. R. Lyons, Under Secretary for Natural Resources and Neal, USMC, Assistant Commandant of the Marine Environment, both of the Department of Agri- Corps. culture, who were accompanied by several of their Subcommittee will meet again on Tuesday, March associates. 10. ISTEA AUTHORIZATION FINANCIAL REGULATORY RELIEF Committee on Environment and Public Works: Commit- Committee on Banking, Housing, and Urban Affairs: tee met and approved an amendment to be offered Committee held hearings on S. 1405, to provide for as a floor amendment to the modified committee improved monetary policy and regulatory reform in amendment in the nature of a substitute (Amend- financial institution management and activities, to ment No. 1676) to S. 1173, to authorize funds for streamline financial regulatory agency actions, and to construction of highways, for highway safety pro- provide for improved consumer credit disclosure, re- grams, and for mass transit programs (pending be- ceiving testimony from Laurence H. Meyer, Member, fore the Senate). Board of Governors of the Federal Reserve System; Rex Hammock, Hammock Publishing, Nashville, BUSINESS MEETING Tennessee, on behalf of the National Federation of Independent Business; Cornelius D. Mahoney, Committee on Foreign Relations: Committee ordered fa- Woronoco Savings Bank, Westfield, Massachusetts, vorably reported the following business items: on behalf of the America’s Community Bankers; and Protocols to the North Atlantic Treaty of 1949 on Edward E. Furash, Furash & Company, Washington, the accession of Poland, Hungary, and the Czech Re- D.C. public. (These Protocols were opened for signature at Hearings continue on Tuesday, March 10. Brussels on December 16, 1997, and signed on behalf of the United States and other parties to the GLOBAL TOBACCO SETTLEMENT North Atlantic Treaty (Treaty Doc. 105–36); Committee on Commerce, Science, and Transportation: S. Con. Res. 60, expressing the sense of Congress Committee resumed hearings to examine the scope in support of efforts to foster friendship and coopera- and depth of the proposed settlement between State tion between the United States and Mongolia; D156 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1998 S. Con. Res. 78, relating to the indictment and Mountain View, California; Michael Dell, Dell Com- prosecution of Saddam Hussein for war crimes and puter Corporation, Round Rock, Texas; Douglas J. other crimes against humanity; Burgum, Great Plains Software, Fargo, North Da- S. Res. 174, to state the sense of the Senate that kota; and Stewart Alsop II, New Enterprise Associ- Thailand is a key partner and friend of the United ates, Menlo Park, California. States, has committed itself to executing its respon- Hearings were recessed subject to call. sibilities under its arrangements with the Inter- national Monetary Fund, and that the United States INFECTIOUS DISEASES should be prepared to ensure continued close bilat- Committee on Labor and Human Resources: Subcommit- eral relations; tee on Public Health and Safety concluded hearings H.R. 1116, to provide for the conveyance of the to examine how certain infectious diseases are a con- reversionary interest of the United States in certain tinuing threat to the health of United States citizens lands to the Clint Independent School District and and of people around the world and the United the Fabens Independent School District; and States response to promote the international effort to The nominations of Robert T. Grey, Jr., of Vir- combat emerging diseases, after receiving testimony ginia, for the rank of Ambassador during his tenure from David Satcher, Assistant Secretary for Health/ of service as United States Representative to the U.S. Surgeon General, Anthony S. Fauci, Director, Conference on Disarmament, and three Foreign Serv- National Institute of Allergy and Infectious Diseases, ice Officer promotion lists. National Institutes of Health, and Stephen Blount, Associate Director for Global Health, Centers for SOFTWARE INDUSTRY Disease Control and Prevention, all of the Depart- Committee on the Judiciary: Committee held hearings ment of Health and Human Services; David to examine the state of competition in the computer Brandling-Bennett, Pan American Health Organiza- software industry, focusing on market power and tion/World Health Organization, Washington, D.C.; structural change in the software industry and the Fredia S. Wadley, Tennessee Department of Health, role of antitrust laws in high-technology industries, Nashville; Joan Baumback, New Mexico Department receiving testimony from Bill Gates, Microsoft Cor- of Health, Las Cruces; Herbert A. Pigman, Rotary poration, Redmond, Washington; Scott McNealy, International, Evanston, Illinois; and Christopher J.L. Sun Microsystems, Inc., Palo Alto, California; James Murray, Harvard University School of Public Health, Barksdale, Netscape Communications Corporation, Cambridge, Massachusetts. h House of Representatives H. Res. 376, providing for consideration of H.R. Chamber Action 856, to provide a process leading to full self-govern- Bills Introduced: 14 public bills, H.R. 3303–3316; ment for Puerto Rico (H. Rept. 105–426). Page H754 and 2 resolutions, H. Con. Res. 231–232, were in- Speaker Pro Tempore: Read a letter from the troduced. Pages H754±55 Speaker wherein he designated Representative Reports Filed: Reports were filed as follows: Snowbarger to act as Speaker pro tempore for today. Supplemental report on H.R. 217, to amend title Page H693 IV of the Stewart B. McKinney Homeless Assistance Recess: The House recessed at 1:22 p.m. and recon- Act to consolidate the Federal programs for housing vened at 2:00 p.m. Page H700 assistance for the homeless into a block grant program that ensures that States and communities are Suspensions: The House agreed to suspend the rules provided sufficient flexibility to use assistance and pass the following measures: amounts effectively (H. Rept. 105–407 Part 2); Homeless Housing Programs Consolidation and H.R. 992, to end the Tucker Act shuffle, amend- Flexibility Act: H.R. 217, amended, to amend title ed (H. Rept. 105–424); IV of the Stewart B. McKinney Homeless Assistance H.R. 2369, to amend the Communications Act of Act to consolidate the Federal programs for housing 1934 to strengthen and clarify prohibitions on elec- assistance for the homeless into a block grant pro- tronic eavesdropping, amended (H. Rept. 105–425); gram that ensures that States and communities are and provided sufficient flexibility to use assistance March 3, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D157 amounts effectively (passed by a yea and nay vote of James T. Gordon of Georgia, Mr. Brian H. Graff of 386 yeas to 23 nays, Roll No. 26), Virginia, Mr. Matthew Greenwald of Washington, Pages H703±722, H730±31 D.C., Mr. Brent R. Harris of California, Mr. Donald Sam Nunn Federal Center: H.R. 613, to des- K. Hill of Georgia, Ms. Amy M. Holmes of Wash- ignate the Federal building located at 100 Alabama ington, D.C., Ms. Karen A. Jordan of Alaska, Mr. Street NW, in Atlanta, Georgia, as the ‘‘Sam Nunn John Kimpel of Massachusetts, Mrs. Beth Kobliner Federal Center’’ and agreed to amend the title. Sub- of New York, Mr. Gerald Letendre of New Hamp- sequently, the House passed S. 347, a similar Senate- shire, Mr. Ronald Lyons of Ohio, Mrs. Patricia De passed bill, after striking all after the enacting clause L. Marvil of Virginia, Mr. Philip Matthews of Con- and inserting in lieu thereof the text of H.R. 613. necticut, Mr. Thomas J. McInerney of Connecticut, Agreed to amend the title; and H.R. 613 was laid Mr. Kevin M. McRaith of Minnesota, Ms. Rita D. on the table. Pages H722±24 Metras of New York, Ms. Lena Moore of Washing- ton, D.C., Ms. Dana Muir of Michigan, Ms. Heather Recess: The House recessed at 4:17 p.m. and recon- Nauert of Washington, D.C., Mr. Jeffrey M. Pollock vened at 5:00 p.m. Page H730 of New Hampshire, Ms. Pati Robinson of Washing- Presidential Messages: Read the following mes- ton, Ms. Andrea Batista Schlesinger of New York, sages from the President: Mr. Eugene Schweikert of South Carolina, Mr. Housing and Urban Development: Message Charles Schwab of California, Ms. Victoria L. Swaja wherein he transmitted the 32nd Annual Report of of Arizona, Mr. Richard Thau of New York, Ms. the Department of Housing and Urban Development Sandra R. Turner of Florida, Mrs. Sunny Warren of which covers calendar year 1996—referred to the Georgia, Mr. Albert Zapanta of Virginia, and Mr. Committee on Banking and Financial Services; Roger Zion of Indiana. Pages H736±37 Page H731 Quorum Calls—Votes: One yea-and-nay vote de- Interagency Arctic Research Policy Committee: veloped during the proceedings of the House today Message wherein he transmitted the Seventh Bien- and appears on pages H730–31. There were no nial Report of the Interagency Arctic Research Pol- quorum calls. icy Committee—referred to the Committee on Adjournment: Met at 12:30 p.m. and adjourned at Science; and Page H731 8:45 p.m. National Drug Control Strategy: Message wherein he transmitted the 1998 National Drug Control Committee Meetings Strategy—referred to the Committees on Judiciary, Agriculture, Banking and Financial Services, Com- USDA YEAR 2000 COMPLIANCE merce, Education and the Workforce, Government ENHANCEMENT ACT Reform and Oversight, International Relations, Na- Committee on Agriculture: Subcommittee on Depart- tional Security, Resources, Transportation and Infra- ment Operations, Nutrition, and Foreign Agriculture structure, Veterans’ Affairs, and Ways and Means. approved for full Committee action amended H.R. Pages H731±32 3280, USDA Year 2000 Compliance Enhancement National Summit on Retirement Savings: The Act. Chair announced the Speaker’s appointment of the Prior to this action, the Subcommittee held a following participants on the part of the House to hearing on this legislation. Testimony was heard the National Summit on Retirement Savings: Rep- from Representative Latham; Anne Thomson Reed, resentative Fawell, Ms. Meredith Bagby of New Chief Information Officer, USDA; and Joel York, Mr. James E. Bayne of Texas, Mr. Carroll A. Willemssen, Director, Civil Agencies Information Campbell, Jr. of South Carolina, Ms. Joyce Campbell System, Accountant and Information Management of Washington, D.C., Ms. Hilda Cannon of Georgia, Division, GAO. Mr. Christopher W. Clement of Arizona, Mr. Ben- jamin Tanner Domenech of Virginia, Mr. Clinton A. AGRICULTURE, RURAL DEVELOPMENT, Demetriou of Georgia, Mr. Pete duPont of Delaware, FDA, AND RELATED AGENCIES Mr. Adam Dubitsky of Washington, D.C., Ms. Lynn APPROPRIATIONS D. Dudley of Washington, D.C., Mr. Ric Edelman Committee on Appropriations: Subcommittee on Agri- of Virginia, Mr. John N. Erlenborn of Maryland, Ms. culture, Rural Development, Food and Drug Admin- Shannon Evans of Nevada, Mr. Peter J. Ferrara of istration, and Related Agencies held a hearing on Virginia, Mr. Ray Gaydos of Washington, D.C., Mr. Rural Development. Testimony was heard from Jill Craig Gholston of Texas, Mr. Arthur Glatfelter of Long Thompson, Under Secretary, Rural Develop- Pennsylvania, Mr. Dylan Glenn of Georgia, Mr. ment, USDA. D158 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1998 INTERIOR APPROPRIATIONS GOVERNMENT PERFORMANCE AND Committee on Appropriations: Subcommittee on Interior RESULTS ACT TECHNICAL AMENDMENTS continued appropriation hearings with emphasis on Committee on Government Reform and Oversight, Sub- Natural Resources. Testimony was heard from public committee on Government Management, Informa- witnesses. tion and Technology began markup of H.R. 2883, Government Performance and Results Act Technical LABOR-HHS-EDUCATION Amendments of 1997. APPROPRIATIONS Will continue tomorrow. Committee on Appropriations: Subcommittee on Labor, MISCELLANEOUS MEASURES; BUDGET Health and Human Services, and Education held a VIEWS AND ESTIMATES; COMMITTEE hearing on the Secretary of Health and Human Serv- BUSINESS ices, and the Substance Abuse and Mental Health Committee on the Judiciary: Ordered reported amended Services Administration and the Inspector General. the following bills: H.R. 2294, Federal Courts Im- Testimony was heard from the following officials provement Act of 1997; and H.R. 2696, Vessel Hull from the Department of Health and Human Services: Design Protection Act. Donna E. Shalala, Secretary; and Nelba Chavez, Ad- The Committee approved the Committee’s Fiscal ministrator, Substance Abuse and Mental Health Year 1999 Budget views and estimates for submis- Services Administration. sion to the Committee on the Budget. The Committee also approved pending Committee MILITARY CONSTRUCTION business. APPROPRIATIONS RESALE SYSTEM AND CBO REPORT Committee on Appropriations: Subcommittee on Mili- IMPLICATIONS tary Construction held a hearing on Navy Construc- tion. Testimony was heard from Robert B. Pirie, Jr., Committee on National Security: Special Oversight Assistant Secretary, Installations and Environment, Panel on Morale, Welfare and Recreation held a Department of the Navy. hearing on the resale system and CBO report implications. Testimony was heard from Deborah Clay- NATIONAL SECURITY APPROPRIATIONS Mendez, Acting Deputy Assistant Director, CBO; the following officials of the Department of Defense: Committee on Appropriations: Subcommittee on Na- Rudy de Leon, Under Secretary, Personnel and Read- tional Security met in executive session to hold a iness; Maj. Gen. Richard E. Beale, Jr., (Ret.), Direc- hearing on U.S. Special Operations Command. Testi- tor, Defense Commissary Agency; Maj. Gen. Allen mony was heard from Gen. Peter J. Schoomaker, D. Bunger, Commander, Army and Air Force Ex- USA, Commander in Chief, U.S. Special Operations change Service; Rear Adm. Paul Soderberg, USN, Command. Commander, Navy Exchange Service Command; and Mike Tharrington, Director, Morale, Welfare, and TRANSPORTATION APPROPRIATIONS Recreation, Headquarters, U.S. Marine Corps; and Committee on Appropriations: Subcommittee on Trans- public witnesses. portation held a hearing on the Secretary of Trans- DOD—MILITARY CONSTRUCTION AND portation. Testimony was heard from Rodney E. MILITARY FAMILY HOUSING BUDGET Slater, Secretary of Transportation. REQUESTS VA-HUD-INDEPENDENT AGENCIES Committee on National Security: Subcommittee on Mili- APPROPRIATIONS tary Installations and Facilities held a hearing on the Administration’s fiscal year 1999 budget request for Committee on Appropriations: Subcommittee on VA- the military construction and military family hous- HUD and Independent Agencies held a hearing on ing programs of the Department of Defense. Testi- FEMA. Testimony was heard from James Lee Witt, mony was heard from the following officials of the Director, FEMA. Department of Defense: Robert B. Pirie, Jr., Assist- ant Secretary, Navy (Installations and Facilities); EEOC—FUTURE DIRECTION Rear Adm. David J. Nash, USN, Commander, Naval Committee on Education and the Workforce: Subcommit- Facilities Engineering Command; Brig. Gen. James tee on Employer-Employee Relations, hearing on the M. Hayes, USMC, Assistant Deputy Chief of Staff, Future Direction of the EEOC. Testimony was heard Installations and Logistics (Facilities), Headquarters, from Speaker Gingrich; Paul Igasaki, Acting Chair- U.S. Marine Corps; Rear Adm. John B. Totushek, man, EEOC; and public witnesses. USN, Deputy Director, Naval Reserve; Jimmy G. March 3, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D159 Dishner, Deputy Assistant Secretary, Air Force (In- resentatives Rohrabacher, Barr of Georgia, Miller of stallations); Maj. Gen. Eugene A. Lupia, USAF, The California, Romero-Barcelo, Serrano and Gutierrez. Civil Engineer, Headquarters, U.S. Air Force; Maj. Gen. Paul A. Weaver, Jr., USAF, Director, Air Na- SBA’S BUDGET—ANNUAL PERFORMANCE tional Guard; and Brig. Gen. Ralph S. Clemm, PLAN USAF, Deputy to the Chief, Office of Air Forces Re- Committee on Small Business: Held a hearing on the serve. SBA’s fiscal year 1999 Budget and their annual per- SPORTFISHING AND BOATING formance plan. Testimony was heard from Aida Al- IMPROVEMENT ACT varez, Administrator, SBA. Committee on Resources: Subcommittee on Fisheries REPORTS—MEDICARE PAYMENT POLICIES Conservation, Wildlife and Oceans held a hearing on Committee on Ways and Means: Subcommittee on H.R. 2973, Sportfishing and Boating Improvement Health held a hearing on reports regarding Medicare Act of 1997. Testimony was heard from Representa- payment policies. Testimony was heard from Gail R. tive Tanner; Dan Ashe, Assistant Director, External Wilensky, Chair, Medicare Payment Advisory Com- Affairs, U.S. Fish and Wildlife Service, Department mission; William J. Scanlon, Director, Health Fi- of the Interior; and public witnesses. nancing and Systems Issues, Health, Education, and PUERTO RICO—FULL SELF GOVERNMENT Human Services Division, GAO; and public wit- Committee on Rules: Granted, by voice vote, an open nesses. rule providing 90 minutes of general debate on H.R. 856, to provide a process leading to a full self gov- Joint Meetings ernment for Puerto Rico, equally divided and controlled by Representative Young (AK), Representa- VETERANS PROGRAMS tive Miller (CA), Representative Solomon, and Rep- Joint Hearing: Senate Committee on Veterans Affairs resentative Gutierrez or their designees. The rule concluded joint hearings with the House Committee makes in order the amendment in the nature of a on Veterans’ Affairs to examine the legislative rec- substitute printed in the Congressional Record and ommendations of the Veterans of Foreign Wars of numbered 1, which shall be considered as read. The the United States, after receiving testimony from rule waives clause 5(a) of rule XXI (prohibiting ap- John E. Moon, Veterans of Foreign Wars of the propriations in a legislative bill) against the amend- United States, Washington, D.C. ment in the nature of a substitute. The rule provides for the consideration, before any f other amendment, of amendment numbered 3, print- COMMITTEE MEETINGS FOR ed in the Congressional Record, which is debatable WEDNESDAY, MARCH 4, 1998 for 1 hour equally divided between Representative Serrano and an opponent. The rule provides for the (Committee meetings are open unless otherwise indicated) consideration of amendment numbered 2, printed in Senate the Congresional Record, which is debatable for 30 Committee on Appropriations, Subcommittee on Com- minutes equally divided between Representative merce, Justice, State, and the Judiciary, to hold hearings Serrano and an opponent. The rule provides that on proposed budget estimates for fiscal year 1999 for the amendments numbered 3 and 2 shall be considered Department of Commerce, 10 a.m., S–146, Capitol. as read and shall not be subject to a demand for a Subcommittee on Defense, to hold hearings on pro- division of the question in the House or in the Com- posed budget estimates for fiscal year 1999 for the De- mittee of the Whole, and that consideration of those partment of Defense, focusing on Air Force programs, amendments, and all amendments thereto, shall not 10:30 a.m., SD–192. exceed one hour. Committee on Armed Services, Subcommittee on Airland The rule authorizes the Chair to accord priority in Forces, to hold hearings to examine military trans- recognition to Members who have preprinted their formation initiatives, 10 a.m., SR–222. amendments in the Congressional Record. The rule Subcommittee on Readiness, to hold hearings on the allows for the Chairman of the Committee of the ongoing competitions to determine the dispositions work- loads currently performed at Sacramento and San Antonio Whole to postpone votes during consideration of the Air Logistics Centers, 10 a.m., SH–216. bill, and to reduce voting time to five minutes on Subcommittee on Personnel, to hold hearings on pro- a postponed question if the vote follows a fifteen posed legislation authorizing funds for fiscal year 1999 minute vote. Finally, the rule provides one motion for the Department of Defense and the future years de- to recommit, with or without instructions. Testi- fense program, focusing on recruiting and retention poli- mony was heard from Chairman Young; and Rep- cies, 2 p.m., SR–222. D160 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1998

Subcommittee on Acquisition and Technology, to hold Subcommittee on Military Construction, on the Air hearings on proposed legislation authorizing funds for fis- Force, 9:30 a.m., B–300 Rayburn. cal year 1999 for the Department of Defense and the fu- Subcommittee on National Security, on Ballistic Mis- ture years defense program, focusing on policies of the in- sile Defense, 10 a.m., and, executive, on the U.S. Pacific dustrial and technology base supporting national defense, Command/U.S. Forces Korea, 1:30 p.m., H–140 Capitol. 2 p.m., SR–232A. Subcommittee on Transportation, on the Federal High- Committee on Energy and Natural Resources, to hold hear- way Administration and the National Highway Traffic ings on the President’s proposed budget request for fiscal Safety Administration, 10 a.m., 2358 Rayburn. year 1999 for the Department of Energy, 10 a.m., Subcommittee on Treasury, Postal Service, and General SD–366. Government, on Departmental Offices; and the Treasury Committee on Foreign Relations, Subcommittee on East Inspector General, 2 p.m., 2359 Rayburn. Asian and Pacific Affairs, to hold hearings to examine the Subcommittee on VA, HUD, and Independent Agen- World Trade Organization film case and its ramifications cies, on the Corporation for National and Community for United States-Japan relations, 2 p.m., SD–419. Service, 10 a.m., and 2:30 p.m., H–143 Capitol. Committee on the Judiciary, to hold hearings to review Committee on Banking and Financial Services, Subcommit- the national drug control strategy, 10 a.m., SD–226. tee on Financial Institutions and Consumer Credit, hear- Subcommittee on Antitrust, Business Rights, and ing to Review the Proposed Rules Regarding the Man- Competition, to hold hearings on the implementation of agement of Federal Agency Payments through the Use of the Telecommunications Act of 1996, focusing on section Electronic Funds Transfers ( EFT), 10 a.m., 2128 Ray- 271, 2 p.m., SD–226. burn. Committee on the Judiciary, Subcommittee on Tech- Committee on the Budget, hearing on the State of the nology, Terrorism, and Government Information to hold Economy, 10 a.m., 210 Cannon. joint hearings with the Select Committee on Intelligence, Committee on Commerce, Subcommittee on Energy and to examine the threat posed by the use of biological Power, hearing on the Kyoto Protocol and Its Economic weapons by terrorists, 2:30 p.m., SH–216. Implications, 10 a.m., 2123 Rayburn. Committee on Rules and Administration, to hold hearings Subcommittee on Telecommunications, Trade, and on S. 1578, to make available on the Internet, for the Consumer Protection, to mark up H.R. 1872, Commu- purposes of access and retrieval by the public, certain in- nications Satellite Competition and Privatization Act of formation available through the Congressional Research 1997, 11 a.m., 2322 Rayburn. Service web site, and on the fiscal year 1999 budget re- Committee on Education and the Workforce, Subcommittee quest for the operation of the Library of Congress, and on Postsecondary Education, Training, and Life-Long on proposed legislation authorizing funds for the Amer- Learning, to mark up H.R. 6, Higher Education Amend- ican Folklife Center, 9:30 a.m., SR–301. ments of 1998, 10:30 a.m., 2175 Rayburn. Select Committee on Intelligence, to hold joint hearings Committee on Government Reform and Oversight, executive, with the Committee on the Judiciary’s Subcommittee on hearing on the activities of China and other countries to Technology, Terrorism, and Government Information, to influence U.S. policies and elections, 10 a.m., 2154 Ray- examine the threat posed by the use of biological weapons burn. by terrorists, 2:30 p.m., SH–216. Subcommittee on Government Management, Informa- tion and Technology, to continue mark up of H.R. 2883, House Government Performance and Results Act Technical Committee on Agriculture, to mark up H.R. 2515, Forest Amendments of 1997, 3:30 p.m., 2154 Rayburn. Recovery and Protection Act of 1997, 10 a.m., 1300 Committee on International Relations, hearing on H.R. Longworth. 2870, Tropical Forest Protection Act, 10 a.m., 2172 Ray- Committee on Appropriations, Subcommittee on Agri- burn. culture, Rural Development, Food and Drug Administra- Subcommittee on the Western Hemisphere, hearing on tion, and Related Agencies, on Food, Nutrition and Con- the visit of His Holiness Pope John Paul II to Cuba, an sumer Services, 1 p.m., 2362–A Rayburn. assessment of its impact on religious freedom in Cuba to Subcommittee on Commerce, Justice, State and Judici- be followed by a markup on the following measures: H. ary, on Federal Judiciary, 10 a.m., and on the SBA, Con. Res. 222, expressing the sense of Congress, con- H–309 Capitol. gratulating the former International Support and Verifica- Subcommittee on Foreign Operations, Export Financ- tion Commission of the Organization of American States ing, and Related Programs, on the Secretary of State, (OAS-CIAV) for successfully aiding in the transition of 9:30 a.m., 2359 Rayburn. Nicaragua from a war-ridden state into a newly formed Subcommittee on Interior, on Public Witnesses (En- democracy and providing continued support through the ergy Programs), 10 a.m., and 1:30 p.m., B–308 Rayburn. recently created Technical Cooperation Mission (OAS- Subcommittee on Labor, Health and Human Services, TCM) which is responsible for helping to stabilize Nica- and Education, on Health Resources and Services Admin- raguan democracy by supplementing institution building, istration 10 a.m., and on the Health Care Financing Ad- and H. Con. Res. 215, congratulating the people of Co- ministration and the Agency for Health Care Policy and operative Republic of Guyana for holding multiparty Research, 2 p.m., 2358 Rayburn. elections, 1:30 p.m., 2172 Rayburn. March 3, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D161

Committee on the Judiciary, to markup the following 1998; and H.R. 2369, Wireless Privacy Enhancement Act measures: H.R. 1704, Congressional Office of Regulatory of 1997, 10 a.m., H–313 Capitol. Analysis Creation Act; H.J. Res. 78, proposing an Committee on Science, oversight hearing on Math and amendment to the Constitution of the United States re- Science Education I; Maintaining the Interest of Young garding religious freedom; H.R. 3117, Civil Rights Com- Kids in Science, 2 p.m., 2318 Rayburn. mission Act of 1998; H.R. 2589, Copyright Term Exten- Subcommittee on Energy and Environment, oversight sion Act; H.R. 1252, Judiciary Reform Act of 1997; hearing on FY 1999 Budget Authorization Request: H.Res. 372, expressing the sense of the House of Rep- NOAA, 10 a.m., 2318 Rayburn. resentatives that marijuana is a dangerous and addictive Committee on Small Business, Subcommittee on Regu- drug and should not be legalized for medicinal use; and latory Reform and Paperwork Reduction, hearing on the H.R. 118, Traffic Stops Statistics Act of 1997, 10 a.m., Regulatory Fairness Program and the first annual Report 2141 Rayburn. Committee on National Security, full Committee, hearing to Congress submitted by the national Small Business on the fiscal year 1999 National Defense authorization Ombudsman, 2 p.m., 311 Cannon. budget request, 9:30 a.m., 2118 Rayburn. Committee on Transportation and Infrastructure, Sub- Subcommittee on Military Procurement and Sub- committee on Coast Guard and Maritime Transportation, committee on Military Research and Development, joint hearing on the Administration’s FY 1999 budget request hearing on FY 1999 Department of Defense, emphasis on for the U.S. Coast Guard, 10 a.m., 2203 Rayburn. Navy and Marine Corps modernization programs, 1:30 Subcommittee on Water Resources and Environment, p.m., 2118 Rayburn. to markup H.R. 2727, Superfund Acceleration, Fairness, Committee on Rules, to consider the following: H.R. and Efficiency Act, 10 a.m., 2167 Rayburn. 3130, Child Support Performance and Incentive Act of D162 CONGRESSIONAL RECORD — DAILY DIGEST March 3, 1998

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

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of H.R. 856, ation of S. 1173, ISTEA Authorization. United States-Puerto Rico Political Status Act (Open Rule, 90 minutes of general debate)

Extensions of Remarks, as inserted in this issue

HOUSE Kind, Ron, Wisc., E272 Ramstad, Jim, Minn., E261 King, Peter T., N.Y., E276 Rangel, Charles B., N.Y., E267 Ackerman, Gary L., N.Y., E270 Kucinich, Dennis J., Ohio, E259, E261 Rohrabacher, Dana, Calif., E269 Bereuter, Doug, Nebr., E263 Lazio, Rick, N.Y., E276 Ros-Lehtinen, Ileana, Fla., E275 Berry, Marion, Ark., E265 Linder, John, Ga., E262 Schumer, Charles E., N.Y., E260 Brown, Corrine, Fla., E272 McCarthy, Carolyn, N.Y., E271, E276 Serrano, Jose´ E., N.Y., E261 Diaz-Balart, Lincoln, Fla., E259 Mink, Patsy T., Hawaii, E260, E275 Skeen, Joe, N.M., E262 Dunn, Jennifer, Wash., E272 Neal, Richard E., Mass., E275 Smith, Nick, Mich., E266 Franks, Bob, N.J., E271 Oxley, Michael G., Ohio, E265, E267 Solomon, Gerald B.H., N.Y., E266 Frost, Martin, Tex., E265 Packard, Ron, Calif., E271 Underwood, Robert A., Guam, E265 Gingrich, Newt, Ga., E259 Paxon, Bill, N.Y., E265 Waxman, Henry A., Calif., E266 Hall, Tony P., Ohio, E261 Portman, Rob, Ohio, E262 Weygand, Robert A., R.I., E262 Hamilton, Lee H., Ind., E268 Quinn, Jack, N.Y., E260 Woolsey, Lynn C., Calif., E264 Johnson, Eddie Bernice, Tex., E269, E272 Radanovich, George P., Calif., E259, E260

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