E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE105 CONGRESS, FIRSTSESSION

Vol. 145 WASHINGTON, TUESDAY, JUNE 29, 1999 No. 94 House of Representatives The House met at 12:30 p.m. contentiousness of this program, and My bill will not force a mother to f that is why we need this bill. give up her child. Nor will this bill Women today are increasingly pro- force family planning clinics to provide MORNING HOUR DEBATES life. A recent survey found that 53 per- adoption services. Rather, it will state The SPEAKER. Pursuant to the cent of the females that responded that Federal policy is to allow and en- order of the House of January 19, 1999, thought abortion should be allowed courage adoption as a choice for family the Chair will now recognize Members only in cases of rape, incest, and to planning. from lists submitted by the majority save the life of the mother. This figure The Federal Adoption Service Act of and minority leaders for morning hour is up from 45 percent in 1996. We must 1999 is a rational solution offering debates. The Chair will alternate rec- offer these women the option of shar- women another option. I hope my col- ognition between the parties, with each ing life. leagues will join me in cosponsoring party limited to not to exceed 30 min- My bill would amend Title X of the this sensible proposal. utes, and each Member except the ma- Public Health Service Act to permit f jority leader, the minority leader or federally funded planning services to DOMESTIC VIOLENCE ECONOMIC the minority whip limited to not to ex- provide adoption services based on the SECURITY ACT ceed 5 minutes. needs of the community and the ability The Chair recognizes the gentleman of a clinic to offer these services. The SPEAKER pro tempore (Mr. BALLENGER). Under the Speaker’s an- from Florida (Mr. STEARNS) for 5 min- Adoption is a wonderful solution for utes. many loving parents unable to have nounced policy of January 19, 1999, the gentleman from Texas (Mr. DOGGETT) f children and for many expectant moth- is recognized during morning hour de- ers who feel incapable of providing for bates for 5 minutes. FEDERAL ADOPTION SERVICES their child. The Federal Government ACT OF 1999 Mr. DOGGETT. Mr. Speaker, in No- should be instrumental in helping vember of 1996, Linda Stone was fatally Mr. STEARNS. Mr. Speaker, I will make this option available for all shot by her abusive husband in the soon be introducing an important pro- mothers. parking lot of Austin’s Oak Hill Motor- child bill, the Federal Adoption Service Congress has repeatedly shown itself ola plant. Her death was tragic for Act of 1999. This bill is offered as a to be supportive of adoption. With tax more than the simple reason that it oc- companion bill in the House to the bill credits and Adoption Opportunity curred unnecessarily. offered in the Senate by Senator JESSE grants, we have taken the stance that Linda Stone was employed at that HELMS, S. 42. adoption is a wonderful option and one Motorola plant; and, on the day of her The Federal Adoption Service Act of that should be made easier for all. death, she was en route to make extra 1999 corrects a serious omission from Mr. Speaker, it is unimaginable that security arrangements with her em- Title X services, adoption. Adoption there has never been a specific adop- ployer because of new threats from her has been called the ‘‘loving option.’’ It tion provision for federally funded fam- husband. This occurred in a commu- offers mothers who are using Title X ily planning clinics. Congress has nity that has been a leader in domestic services the choice of life. taken an active role in encouraging the violence assistance and prevention for No woman, Mr. Speaker, should be adoption of foster children, yet it over- over two decades. given only partial choices by a clinic, looked the needy Title X clinics. I think Our Safe Place enjoys broader especially a federally funded clinic. Recently, my home State of Florida community support than any public Every woman in America should know took a bold step by creating a ‘‘Choose service organization in central Texas. about the option of adoption. Let me Life’’ license plate. This plate’s pro- But since stories such as Linda are be- repeat. Every woman in America ceeds will go to not-for-profit agencies coming all too commonplace, I am in- should know about the option of adop- supporting adoption. I am proud that troducing a bill today that will give tion. the organization that promoted this new options to those unfortunate vic- Planned Parenthood clinics have plate and gathered the needed petition tims who face danger in the workplace. been confronted time and time again signatures is based in my home State The Domestic Violence Economic Se- on this floor because they seem to be in Ocala, Florida. I applaud the curity Act will provide that no State promoting an abortion and contracep- ‘‘Choose Life’’ organization for their shall deny unemployment assistance tive agenda. The very fact that this hard work and dedication. Thanks to solely because a victim has left work federally funded program does not offer their efforts, adoption agencies in Flor- due to a reasonable fear of domestic vi- adoption as a choice proves the ida will benefit. olence. This approach to the problem

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

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VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H4996 CONGRESSIONAL RECORD — HOUSE June 29, 1999 was originally suggested to me by my Too many victims across our country During his time in the Marine Corps, friend, Texas State Representative face a daily struggle of needless work- Stanley demonstrated his great love Sheri Greenberg, who sponsored a simi- place violence. This bill assures them a for his country and his fellow Marines. lar measure in the Texas legislature, safe avenue to self-sufficiency. However, his accomplishments did not got it passed in the House, though it f end with his military career. Perhaps did not finally make it through the his proudest legacy remains with the TRIBUTE TO LIEUTENANT Texas Senate at the conclusion of our strong relationship he held with his COLONEL STANLEY WAWRZYNIAK legislative session. wife Adaline, his two daughters, Berna- We recognize that each year six-and- The SPEAKER pro tempore. Under dette and Paula, and his sons Michael, a-half million acts of violence are per- the Speaker’s announced policy of Jan- Andrew and Stanley. petrated against women, and nearly a uary 19, 1999, the gentleman from With a career that, although distin- million of these occur in the work envi- North Carolina (Mr. JONES) is recog- guished, would have strained even the ronment. Victims attempting to escape nized during morning hour debates for strongest of family ties, Stanley took these abusive relationships often find 5 minutes. the time to mend the relationships themselves most vulnerable where they Mr. JONES of North Carolina. Mr. that were most important to him. spend the most time, and that is at the Speaker, I rise today to pay tribute to Mr. Speaker, shortly after his retire- workplace. In fact, 96 percent of domes- a truly outstanding Marine, Lieuten- ment and until the time of his death, tic violence victims report that they ant Colonel Stanley ‘‘Ski’’ Stanley’s two youngest sons were liv- have had some type of problem in the Wawrzyniak, a native of Gary, West ing in the Swansboro, North Carolina, workplace as a result of abuse or their Virginia. area and working in the building abuser, ranging from threatening calls Although Lieutenant Colonel trades. He went to work as a foreman to unwanted and harassing visits. Wawrzyniak passed away in 1995, his with the same contractor who em- For victims who are financially de- legacy is still felt in the ranks of the ployed his sons. This gave him the op- pendent on their job, avoiding violence Marine Corps, particularly in the Ma- portunity to accomplish two things in the workplace can be extremely rine community of eastern North Caro- that were very important to him. challenging. A victim manages to es- lina, where he made his home. First, he was able to work side by side cape the relationship at home and His courage and discipline as a duti- with his sons and rebuild relationships move out. But giving up a job is an- ful Marine served as an inspiration to with them that had suffered during his other thing and even more difficult to all that knew him. Even now, his cour- long service-related separations. Sec- change. age under fire, fighting expertise, and ond, he was able to build homes. For a The resulting harassment, of course, leadership skills are widely remem- man whose entire life had been spent at hurts both the employer and the em- bered and respected. war in foreign countries, he felt a great ployee. At least 94 percent of corporate Stanley’s 35 years in the Corps and sense of accomplishment from building security managers have reported that his record of valor distinguish him as a homes. The fact that he did it side by they rank domestic violence as a very Marine Corps hero. He was awarded side with his sons made it that much high security problem in the work- two Navy Crosses, one Silver Star, two more important to him. place. Businesses recognize that domes- Bronze Stars, and four Purple Hearts. Lieutenant Colonel Stanley tic violence is not only harmful to Although highly decorated, Stanley Wawrzyniak’s life can best be described workers who are victims, but it is bad loved the Marines he served with and by the quote from General Chesty Pull- for business. always gave 110 percent in every situa- er, perhaps the most famous of all Ma- My bill gives a new alternative to tion. rines. He said, and I quote, the real re- Mr. Speaker, after dropping out of employers and employees confronted wards of military service are not the high school, Stanley enlisted in the with violence in the workplace. It en- medals you wear on your chest. The United States Navy. After serving 23 sures that no victim who leaves a job real rewards are the looks in the eyes months, he was released from active because of a reasonable fear of violence of men who have served with you, men duty in September of 1946. Three days is denied some assistance. For these who understand the nature of your later, he enlisted in the United States victims, unemployment compensation service, men who have observed your would provide a temporary form of fi- Marine Corps. He went to China in the late 1940s actions in the most stressful of condi- nancial assistance until a safer job can and entered the Korean War. In two tions and have seen the depth of your be found. In cases such as Linda tours with the 5th Marines in Korea, he character. Stone’s, this monetary support could Mr. Speaker, Stanley Wawrzyniak is was awarded two Navy Crosses, a Sil- mean the difference between continued a man who served as an example to all ver Star, and three Purple Hearts. abuse and self-sufficiency. of us. He is sorely missed, but his re- Second, this bill gives some general b 1245 markable service to this country is guidance to the States that they can In 1953, as a Master Sergeant, Stan- something that will ensure his memory follow in determining eligibility. They ley was commissioned a Marine Second will live on. are advised to consider factors such as Lieutenant while serving at Camp Mr. Speaker, I rise today in tribute to the life whether the applicant has been offered Lejeune, North Carolina. of a truly exemplary Marine, LtCol Stanley work at home or in a different loca- In the years between his commission- ``Ski'' Wawrzyniak, a native of Gary, West Vir- tion, whether a law enforcement officer ing and his time in Vietnam, Stanley ginia. Although LtCol Wawrzyniak passed or health care professional has advised went through the Basic Officers away in 1995, his legacy is still felt in the them to leave and find a new work- School, Underwater Demolition and ranks of the Marine Corps, and particularly in place. And the States, of course, could Mountain Leadership Training Course, the Marine community of eastern North Caro- consider other factors that they deem where he broke his spine on a moun- lina where he made his home. He was one of relevant. These standards will give our tain drop, yet hiked out unassisted. He the last of the old fashioned, hard charging, States the means to correctly identify also went through Evasion, Escape and hill taking sort of Marine. The sort of men who and assist the victims who need tem- Survival school, where he led his team fought without laser guided weapons, global porary financial assistance. in avoiding capture and finished first communications, or spy satellites. His courage Tragically, in this country, every 15 in his class. and discipline in living his life as a Marine and seconds another woman is battered. As a matter of fact, he finished first in carrying out his duties was an inspiration to When that violence spills out into the in a lot of things, such as Army Air- all those who knew him. Even now his mem- workplace, everyone loses. For victims borne School and Army Ranger School. ory is widely known and respected for his attempting to escape abuse, the Do- Mr. Speaker, in July of 1965 then courage under fire, his fighting expertise, and mestic Violence Economic Security Major Wawrzyniak embarked for Viet- his leadership skills. Act will provide temporary assistance nam. He served in the 3rd Battalion, LtCol Wawrzyniak's thirty-five years in the while not otherwise affecting the exist- 3rd Marine Regiment and was awarded Corps and his record of valor, distinguish him ing unemployment compensation re- two Bronze Stars and his fourth Purple as Marine Corps hero. He earned two Navy quirements. Heart. Crosses, one Silver Star, two Bronze Stars,

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H4997 and four Purple Hearts. Although highly deco- was enormous. The fact that he did it side by We do not have to make up issues or rated, LtCol Wawrzyniak loved the Marines he side with his sons made it doubly important to shy away from real problems. There served with and never rested on his laurels, him. are simple, common-sense approaches always giving one hundred and ten percent in LtCol Stanley Wawrzyniak's nature can be for dealing with livable communities. every situation. described by the quote from perhaps the most In the area of gun violence, we can After dropping out of high school, LtCol famous of all Marines, General Chesty Puller: approach it the same way that we have Wawrzyniak enlisted in the US Navy. After ``The real rewards of military service are not reduced auto deaths and injury on our serving 23 months in the Navy he was re- the medals you wear on your chest. The real roads. We can make a huge difference leased from active duty in September 1946. rewards are the looks in the eyes of men who in the three-quarter million Americans Three days later he enlisted in the Marine have served with you, men who understand who have been killed by gun violence Corps. He went to China in the late `40's and the nature of your service, men who have ob- since 1960. An American government entered the Korean War. In two tours with the served your actions in the most stressful of that has been able to take action to 5th Marines in Korea he was awarded two conditions and have seen the depth of your childproof aspirin bottles and cigarette Navy Crosses, a Silver Star and three Purple character.'' lighters ought to be ashamed that Hearts, by the end of the war he was a Master It is my honor to have such men and there are more product safety protec- Sergeant. women serving in the United States Marine tions for toy guns than for real guns. In 1953, MSgt. Wawrzyniak was commis- Corps, and residing in my district. Stanley We can start by simply passing the leg- sioned a Marine Second Lieutenant while Wawrzyniak is a man who is sorely missed, islation already approved by the serving at Camp Lejeune, North Carolina. and greatly appreciated. United States Senate to close the gun In the years between his commissioning and f show loophole and make it harder for his time in Vietnam, ``Ski'' went through the children to get their hands on guns. MAKING COMMUNITIES MORE Basic Officers school, Underwater Demolition, We can make strides to make our LIVABLE Mountain Leadership TrainingÐwhere he communities more livable dealing with broke his spine on a mountain drop, yet hiked The SPEAKER pro tempore (Mr. the built environment. All the time out unassisted. Evasion, Escape and Survival BALLENGER). Under the Speaker’s an- and money the Federal Government schoolÐwhere he led his team in avoiding nounced policy of January 19, 1999, the spends on physical infrastructure can capture for the entire four day period, and gentleman from Oregon (Mr. be planned regionally and coordinated where he finished first in his class. As a mat- BLUMENAUER) is recognized during with our State, local and private part- ter of fact, he finished first in a lot of things, morning hour debates for 5 minutes. ners. such as Army Airborne School and Army Mr. BLUMENAUER. Mr. Speaker, my We can make the problems of air Ranger School. goal in Congress is for the Federal Gov- quality and traffic congestion better, LtCol Wawrzyniak's experience in Airborne ernment to be a better partner with not simply throwing money at them Training (Jump School) illustrates his person- State and local governments, the pri- and in some cases actually making ality. Then Captain Wawrzyniak arrived at vate sector and individual citizens to them worse. We can help manage the Jump School at the ripe old age of 35, at least make our communities more livable. entire water cycle rather than have a 10 years older than most of his classmates. This issue is moving to the center of flood insurance program that pays peo- I'm sure his Army instructors must have the American political scene in part ple to live where God does not want thought that they had an easy drop out in because of the attention that has been them despite being flooded out repeat- Captain Wawrzyniak. They must have been given to this by the administration, edly. Most important, we can have the quite surprised a month later when he left Vice President GORE in particular, but Federal Government practice what we Jump School not only with jump wings on his even more important because of the preach, where we locate Federal build- chest, but with the IRON MIKE trophy in his large grassroots pressure that has been ings, how we manage our land. fistÐgraduating number one in his class. building around the country as evi- We could even take the radical step Stan's logic was that he should graduate at denced by over 240 local and State ini- of having the Post Office obey local the top of his class from these demanding tiatives in the last election. This is land use laws, zoning codes and work schools because he was older and more ex- just the tip of the iceberg. with local communities across the perienced than his cohorts. That was typical Part of the evidence of this growing country before they make locational Wawrzyniak logic. movement for livable communities has decisions that can have a devastating In July, 1965 then Major Wawrzyniak em- been the attention that has been given impact on Main Street America. barked for Vietnam where he served in the 3rd by the national media. One of the best Making our communities more liv- Battalion, 3rd Marine Regiment where he was and most prominently featured articles able is everybody’s job, and it ought to awarded two Bronze Stars and his fourth Pur- was on the front page of the Sunday start with Congress doing our part. We ple Heart. Washington Post this weekend which will feel better, and America will be His accomplishments did not end with his cited the new citizens, the new econ- better for our efforts. career in the military. Perhaps his proudest omy, and the new issues that are part f legacy from his post-Marine Corps history of a new and growing awareness in the were the strong relationships he had with his State of California. ELIMINATE MARRIAGE TAX wife Adaline, his daughters, Bernadette and Yet despite this characterization of PENALTY Paula, and sons Michael, Andrew and Stanley. all this being new, quality of life is The SPEAKER pro tempore. Under With a career that although distinguished, truly one of our oldest and most endur- the Speaker’s announced policy of Jan- would have strained even the strongest of ing issues. But whether it is a new uary 19, 1999, the gentleman from Illi- family ties, Stanley took the time to mend the emerging issue or one of timeless polit- nois (Mr. WELLER) is recognized during relationships that were most important to him. ical concern, it is time for Congress to morning hour debates for 5 minutes. Shortly after his retirement and until the time address livability now. We need to get Mr. WELLER. Mr. Speaker, I rep- of his death LtCol Wawrzyniak's two youngest beyond the soundbite focus that are resent a very, very diverse district, a sons were living in the Swansboro, North driven by partisan politics catering to series of communities on the south side Carolina area and working in the building narrow special interests. It seems, of Chicago and the south suburbs, Cook trades. Stan went to work as a foreman with sadly, to dominate our activities here. and Will Counties, industrial commu- the same contractor who employed his sons. So far this month we have had some nities like Joliet and a lot of suburban This gave him the opportunity to accomplish of the worst of examples, where Ameri- towns, as well as cornfields and grain two things that were very important to him. cans concerned by violence on our elevators. The folks back home have a First he was able to work side by side with his schoolgrounds saw us respond by at- pretty clear message even in such a di- sons and re-build his relationships with them tempting to weaken our gun safety verse district. They want us to meet that had suffered during his long service relat- laws and by posting the 10 Command- our challenges and work together and ed separations. Second he was able to build ments in school yards, something that come up with solutions. homes. For a man whose entire life had been is not going to inspire much confidence That is why they are so proud of spent at war in foreign countries, the sense of in the minds of most American fami- what this Congress has accomplished in accomplishment he felt from building homes lies. the last 41⁄2 years, with balancing the

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H4998 CONGRESSIONAL RECORD — HOUSE June 29, 1999 budget for the first time in 28 years, jointly, you are pushed into a higher dent’s plan does not jeopardize the core cutting taxes for the middle class for tax bracket. This example of this south Medicare program so many seniors de- the first time in 16 years, reforming suburban couple, this machinist who pend on and it does not create different welfare for the first time in a genera- meets and marries a schoolteacher in classes of coverage for seniors at dif- tion, and taming the tax collector by the Joliet public schools with an iden- ferent income levels. It does not abdi- reforming the IRS for the first time tical income of $30,500, because under cate our responsibility to seniors by ever. Those are real accomplishments our Tax Code they combine their in- turning the Medicare program over to and folks say, ‘‘Well, that’s pretty comes and their combined income is private managed care plans, the same good, but that’s history. What are we $61,000, pushes them into the 28 percent plans that dropped 400,000 seniors last going to do next?’’ tax bracket. And because this machin- year and are poised to do the same this Well, this Congress and this Repub- ist and this schoolteacher in Joliet, Il- year. lican House have several very, very im- linois, in the south suburbs of Chicago What the President’s plan does do is portant goals. We want to strengthen chose to get married, they pay more in provide prescription drug coverage for and make our schools not only better taxes. That is just wrong. Medicare beneficiaries. Medicare cov- but safer, we want to strengthen Social Of course I would like to point out ers hospitalization, it covers doctors’ Security by locking away 100 percent that for this schoolteacher and this visits, and, of course, it should cover Social Security revenues for Social Se- machinist in Joliet, $1,400 is real prescription drugs. That is why we curity. We want to pay down the na- money. $1,400 is one year’s tuition at need to modernize Medicare. Prescrip- tional debt. And, of course, we want to Joliet Junior College, our local com- tion drugs are no longer supplemental continue working to lower taxes for munity college, and it is 3 months of to basic health care. They are integral the middle class and for working fami- day care at a local day care center. We to it. The President’s proposal updates lies. This year as we work to lower need to eliminate that marriage tax Medicare coverage to reflect modern taxes and to lower the tax burden for penalty. It is wrong that under our Tax medicine. The President’s proposal is middle-class families, I believe that the Code this machinist and schoolteacher designed to make prescription drugs approach we should take is to address end up paying higher taxes when they more affordable for seniors by covering the unfairness in the tax code, because get married. Had they chose not to get half the cost of prescription drugs up when I listen to the folks back home, married and just lived together, their to a $2,000 cap. whether in the union hall or the VFW, taxes would have been $1,400 less. That The value of this benefit depends on a local Chamber of Commerce or at a is just wrong. one key variable, the sticker price of coffee shop in my hometown down on Under the Marriage Tax Elimination prescription drugs. Obviously higher Liberty Street, people say that not Act, we eliminate this marriage tax prescription drug costs will exhaust only are their taxes too high, they penalty for this machinist and this the benefit much more quickly than complain about the complexity and the schoolteacher. In fact, we do it by dou- lower prescription drug costs. That is unfairness of the tax code. bling the standard deduction. We also where the drug companies, Mr. Speak- I believe this series of questions real- double the brackets so that joint filers er, come in. Drug companies are over- ly illustrates a key area of unfairness can earn twice as much as a single filer pricing their products. This remains that we should make a priority in this and remain in each bracket. Had the true regardless of how much these com- Congress this year in getting the job Marriage Tax Elimination Act been panies spend on research and develop- done on eliminating this most unfair law today, this machinist and school- ment. By the way, we do not know how area of our tax code, that is why I want teacher would have seen the marriage much drug companies spend on R&D to explain why enactment of the Mar- tax penalty eliminated. because they have refused to disclose riage Tax Elimination Act is so impor- What is the bottom line? Mr. Speak- this information to the public or to tant with the question of fairness. Do er, in just a couple of weeks this House this Congress. Americans really feel that it is fair of Representatives will be working to b 1300 that under our tax code, married work- pass the tax provisions for this year’s ing couples pay more in taxes just be- balanced budget, the 3rd balanced How do we know that drug companies cause they are married? Do Americans budget in 30 years, thanks to a Repub- overprice their products? Just look at feel that it is right that 21 million mar- lican Congress. I believe as we work to their profits. Remember, these dollars ried working couples pay on average provide tax relief as part of this bal- are the dollars left over after research $1,400 more under our Tax Code just be- anced budget, our first priority should and development. Last year drug com- cause they are married, $1,400 more be making the Tax Code fairer for this pany profits outpaced those of every than an identical couple with identical schoolteacher and this machinist by other industry by over 5 percentage incomes who live together outside of working to eliminate the marriage tax points. Drug company profits last year marriage? penalty. were $22 billion. Last year the CEO of Clearly I think the American people I am pretty proud of what we have Bristol-Myers Squibb made a $1.2 mil- agree that the marriage tax penalty is accomplished. In 1996 we created as lion salary, a $1.9 million bonus and wrong and we need to set it right. The part of the Contract With America the $30.4 million in stock options. Drug marriage tax is not only unfair, it is $500 per child tax credit benefiting 3 companies cannot continue to monop- wrong. It is wrong that under our Tax million Illinois children. This year let oly price their products and expect the Code you are punished for getting mar- us help married working couples. Let American people to accommodate ried. As I noted earlier, it affects 21 us help Illinois families by eliminating them. million married working couples on av- the marriage tax penalty. Prescription drug coverage for sen- erage $1,400 in higher taxes just be- f iors is critically important, but it is cause they are married. not intended to address, nor does it ad- Let me give an example here of a PRESCRIPTION DRUG COVERAGE dress, the market failure in prescrip- couple in the south suburbs of Chicago. FOR SENIORS tion drug pricing that is driving up You have a case where a machinist The SPEAKER pro tempore. Under health care costs and hindering access and, of course, this particular machin- the Speaker’s announced policy of Jan- to needed medications here and around ist works at Caterpillar in Joliet, he uary 19, 1999, the gentleman from Ohio the world. Drug companies can volun- makes the heavy machinery that we (Mr. BROWN) is recognized during morn- tarily price their products to promote use to mine and dig things and build ing hour debates for 5 minutes. access, which they are not doing, or things. He makes $30,500. If he is single, Mr. BROWN of Ohio. Mr. Speaker, they can disclose their costs and try to after the standard deductions and ex- today the President proposed a Medi- justify their windfall prices, which emptions he is in the 15 percent tax care reform package that preserves they are not doing, or they can con- bracket. But under our Tax Code be- what is fundamental about Medicare. It tinue to exploit their monopoly advan- cause two working people who choose treats all seniors equally. tage, which they are doing, until Con- to get married, their incomes are com- Unlike the privatization/voucher pro- gress is forced to regulate their prices bined and in fact you file your taxes posal that has resurfaced, the Presi- like a utility.

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If drug companies continue to price Guam (Mr. UNDERWOOD) is recognized their islands allowed under the Com- irresponsibly to make the huge profits during morning hour debates for 5 min- pacts of Free Association from some of they are making to pay the huge mar- utes. our island neighbors in the Pacific, keting costs and executive salaries Mr. UNDERWOOD. Mr. Speaker, each namely the federated states of Micro- they pay, the third option; that is, gov- time I come to the floor of this House nesia as well as Palau and the Marshall ernment regulation of huge overblown and my words are broadcast over C- Islands. We want to give the governors prescription drug prices, the third op- SPAN, I often get calls to my office the right to participate in the report- tion may be the only one left. from Americans all over the country. ing of the way these migrations are af- f Some want to express their support for fecting our islands. what I have stated, others are against Third, we want to ensure that Amer- INDIA-PAKISTAN: MILITARY me, and sometimes a few are distant ican citizens in need of social services ACTION IS NOT THE SOLUTION relatives or friends that are excited to such as housing are not displaced by The SPEAKER pro tempore (Mr. see me on TV. these very migrants. Our omnibus leg- BALLENGER). Under the Speaker’s an- But for most who call the office and islation will ensure that American citi- nounced policy of January 19, 1999, the for many people I meet their under- zens are not left in the back of the line gentleman from Nebraska (Mr. BEREU- standing of delegates in Congress is for housing, for public housing. TER) is recognized during morning hour fairly limited. They know we are un- I will include three new provisions in debates for 5 minutes. like other Members of Congress and we this particular piece of legislation. Mr. BEREUTER. Mr. Speaker, this are afforded most of the opportunities First of all, I will lift a ban on betel Member rises to express his grave con- that representatives have but are not nut, the importation of betel nut from cern regarding the current conflict in able to make our mark with a vote on Guam which is a small cultural prac- South Asia. It is particularly distress- the House floor. So essentially we are tice, but for some reason the FDA re- ing because only 4 short months ago Members, but not entirely, and the is- fuses to see fit to understand that this the prime ministers of India and Paki- land or jurisdiction each respective is a very minor cultural practice and stan signed a watershed agreement delegate represents is not often af- will go to a great deal of goodwill for known as Lahore Accord. In it both forded the attention that their juris- the Guam community inside the cus- committed to reduce the risk of con- dictions deserve, and by our unique toms zone of the United States as well flict, particularly in Kashmir, their status we must introduce very unique as outside. most volatile source of discord. legislation tailor-made for our respec- The omnibus legislation also intro- Now the promise of peace has been tive jurisdictions. duces an item that includes Guam in replaced by the worst fighting in dec- I have come to recognize that mak- the tax treaties of the United States. ades. Islamic insurgents infiltrating ing Guam’s case in Washington contin- Right now the tax treaty for foreign in- from Pakistan have occupied strategic ues to be for me the greatest challenge vestors in the United States is variable mountain locations in India and con- of my life, as it certainly was for my depending on which country the U.S. trol portions of Kashmir. Both sides predecessors and will likely remain for signs a treaty with, but the tax rate for have reinforced troops and weaponry, future delegates, barring a major foreign investors in Guam is fixed at 30 and fighting has intensified. India and change in political status, and that percent. So this puts us at a great dis- Pakistan also are redeploying troops finding ways to create opportunities or advantage. along the Punjab border, the key bat- level the playing field to advance the And lastly, lastly we want to make tleground in previous conflicts. Citi- political, social, and economic well- sure that Guam gets the same level of zens are collecting money for the war being of our islands while being mind- funding as other insular areas in such effort, lining up at recruitment cen- ful of their roles in history to advance programs as the Department of Justice ters, and donating blood. Recent press the cause of democracy around the block programs. This is legislation reports indicate that hard-line politi- world will take great effort and great that corrects an inequity that has ex- cians on both sides are talking about diligence. isted for some time. using their nuclear options. In a few days, I will introduce such Many of these items, I am sure, are There is good evidence that these legislation tailor-made for my home is- obscure to many of the Members of the heavily armed infiltrators at Kashmir land, Omnibus Guam legislation, bi- House, but I certainly look forward to could not have been positioned or sus- partisan in nature, that addresses cer- the support of Members of both sides of tained themselves without direct Paki- tain several pertinent issues and calls the aisle. Most of these items have stani assistance, possibly including for creating opportunities and improv- been very clearly vetted with both Pakistani troop involvement. This ing relationships with the Federal Gov- sides, both parties, and I look forward Member calls upon Pakistan to imme- ernment. to its expeditious passage and that the diately halt such assistance. This Three issues, and I have six issues in House Committee on Resources will Member also calls on both sides, India the omnibus legislation, have already deal with it expeditiously, and I ask and Pakistan, to stop seeking short- been passed in the Senate in the last that my colleagues cosponsor this im- term tactical advantages and work to Congress as S. 210 and received wide- portant legislation for the people of achieve a strategic accommodation on spread support here in the House. One Guam. the issue of Kashmir. of those provisions gives Guam the Mr. Speaker, no solution can be right of first refusal for Federal excess f property located in Guam. In the years achieved under the continued threat of RECESS increased military action. This Mem- following World War II, some one-third ber, and I am sure this Congress and of Guam was claimed in the interests The SPEAKER pro tempore. There the world, strongly cautions against of national security, was condemned by being no further requests for morning further escalation. At the Lahore military authorities and adjudicated in hour debates, pursuant to clause 12, meeting, the prime ministers of India military courts so the people of Guam, rule I, the House will stand in recess and Pakistan sagely agreed that they who were not even U.S. citizens at the until 2 p.m. owe peace to their people and to future time, really suffered a very grave in- Accordingly (at 1 o’clock and 10 min- generations. They should fulfill that justice in the claiming of the land. And utes p.m.) the House stood in recess hope and commitment starting now so it is entirely fair at this point in until 2 p.m. with the cessation of hostilities. time that Guam be considered before f f any Federal agency if land is declared excess. Normally Federal land declared b 1400 GUAM OMNIBUS OPPORTUNITIES excess goes to other Federal agencies ACT first. AFTER RECESS The SPEAKER pro tempore. Under Secondly, we also want to give more The recess having expired, the House the Speaker’s announced policy of Jan- opportunities for governors of island was called to order by the Speaker pro uary 19, 1999, the gentleman from jurisdictions affected by migration to tempore (Mr. PEASE) at 2 p.m.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5000 CONGRESSIONAL RECORD — HOUSE June 29, 1999 PRAYER and historically mistaken. They will Columbus, Ohio, on September 29, 1899, The Chaplain, the Reverend James spend the surplus. It will not stay in nearly 100 years ago. And because of David Ford, D.D., offered the following Washington, especially if Republicans this, House Joint Resolution 34 calls prayer: are no longer in the majority. upon the President to issue a procla- Give us, O gracious God, the full f mation recognizing the 100th anniver- sary of the VFW, and would call upon measure of Your blessings and on this ANNOUNCING THE DEATH OF THE day we pray for the gift of patience. We the people of the United States to also HONORABLE LYNN STALBAUM, observe the anniversary with appro- are busy with our lives and our work FORMER MEMBER OF CONGRESS and we move quickly to seize the op- priate ceremonies and celebrations. FROM WISCONSIN Recognition of military service and portunity and run toward the mark. (Mr. OBEY asked and was given per- remembrance of the sacrifices made in Yet we know too, O God, that some mission to address the House for 1 the Nation’s defense are among the parts of life take time and need nur- minute and to revise and extend his re- major purposes of the VFW. Therefore, ture and growth and cannot be hurried. marks.) it is only fitting that this Congress, We are grateful for those occasions Mr. OBEY. Mr. Speaker, it is my the very body that makes the decisions when time is our friend and allows us duty as Dean of the Wisconsin delega- of war, should honor the veterans of the opportunity to experience wisdom tion to announce the death of a former foreign wars. and healing and growth. May our rush Member, the Honorable Lynn To the VFW, I salute them for their to accomplish never blind us from the Stalbaum, who served Wisconsin’s first honor, their valor, and their continued fact that the gift of patience can be our District in 1965 and 1966. During his achievements. God bless them. strength and our friend, and a gift for service in Congress he served with dis- f all time. This is our earnest prayer. tinction on the Committee on Agri- Amen. ANNOUNCING FIELD HEARING OF culture. f HOUSE SUBCOMMITTEE ON Before his service in Congress he EARLY CHILDHOOD, YOUTH AND THE JOURNAL served on a destroyer for 2 years during FAMILIES IN ANAHEIM, CALI- World War II. He was the assistant mi- FORNIA The SPEAKER pro tempore. The nority Leader in the Wisconsin State Chair has examined the Journal of the Senate, where he served for 10 years. (Ms. SANCHEZ asked and was given last day’s proceedings and announces He was once described by Aldric Revell, permission to address the House for 1 to the House his approval thereof. the dean of State Capitol correspond- minute and to revise and extend her re- Pursuant to clause 1, rule I, the Jour- ents, as being a legislator who had the marks.) Ms. SANCHEZ. Mr. Speaker, I rise nal stands approved. maddening tendency to expect reason today to report that next week the f to dominate legislative debate. Subcommittee on Early Childhood, After he left Congress he worked for PLEDGE OF ALLEGIANCE Youth, and Families will be holding a dairy farmers for a number of years congressional hearing in my district in The SPEAKER pro tempore. Will the trying to help increase milk prices. He gentleman from North Carolina (Mr. Anaheim, California, and will talk served as the President of Pilgrim Lu- about parenting and community in- BALLENGER) come forward and lead the theran Church in Bethesda. He also ran House in the Pledge of Allegiance. volvement in education. a tax filing business, and he taught on Kids today bring so many needs to Mr. BALLENGER led the Pledge of a number of occasions, he taught H&R the classroom, and we are all respon- Allegiance as follows: Block people how to do tax returns, so sible for what happens, and to make I pledge allegiance to the Flag of the he knew his way around the Tax Code. sure that those needs are met, parents United States of America, and to the Repub- He was always an individual of im- and teachers and educators, Federal, lic for which it stands, one nation under God, mense good cheer. He was also a person indivisible, with liberty and justice for all. State, and local government, the cor- who never forgot that our job here is to porate and the nonprofit sectors, our f work for the common man, and he did institutions of higher education and that every day of his career, both in WITHOUT A REPUBLICAN MAJOR- our law enforcement agencies. the State legislature and in the Con- ITY IN CONGRESS, THE DEMO- Teachers cannot meet the needs gress. Services will be held at Joseph CRATS WOULD SPEND THE alone. Parents cannot do it alone. It is Gawler’s & Sons, 5130 Wisconsin Ave- BUDGET SURPLUS too late when our kids get to the uni- nue, Wednesday night at 7:30. Visita- versities. Recent events all over our (Mr. BALLENGER asked and was tion will be tonight between 7 and 9 Nation have proven that our young given permission to address the House o’clock. people certainly cannot make it on for 1 minute and to revise and extend We all, I am sure, send our sym- their own. his remarks.) pathies to his family. Schools need adequate resources, es- Mr. BALLENGER. Mr. Speaker the f pecially those with the children and President proposed a budget with $200 the families who need it the most, so billion deficits as far as the eye could A SALUTE TO THE VETERANS OF FOREIGN WARS our schools can focus on education in- see only a few short years ago. Repub- stead of fundraising. That falls to all of licans refused to accept his budget and (Mr. GIBBONS asked and was given us. So we are going to be discussing insisted instead on a balanced budget, permission to address the House for 1 how our communities can and should and the liberals called us the extrem- minute and to revise and extend his re- be working together. We will hear from ists. They called us mean-spirited. marks.) parents and teachers and students and They accused us of being right wing. It Mr. GIBBONS. Mr. Speaker, as a life members of the community on how to is all so familiar. member of Post 3819 of the Veterans of do that. But now the President takes credit Foreign Wars in Reno, Nevada, I rise Our children will take our Nation to for what the Republicans worked for today to express my strongest support wonderful new heights in the 21st cen- since 1995, just like welfare reform. No of House Joint Resolution 34 commend- tury. matter, Republicans have put America ing the 100 anniversary of the Veterans f on the road to fiscal responsibility by of Foreign Wars. balancing our books and starting to Honoring the dead by helping the liv- THE RIGHTS OF PARENTS UNDER pay down the $5 trillion debt. Now it is ing has been the VFW motto, and a ATTACK AT UNITED NATIONS’ time for some tax relief, too. Debt re- lasting call to the 2 million members CAIRO PLUS 5 PREP CON- duction and tax relief, that is what the who help and honor those deserving FERENCE budget surplus should go towards. veterans because of the service and (Mr. PITTS asked and was given per- Democrats have other ideas: No tax commitment they gave to this country. mission to address the House for 1 cuts. Those who believe the rhetoric The Veterans of Foreign Wars of the minute and to revise and extend his re- about debt reduction are being naive United States traces its roots back to marks.)

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5001 Mr. PITTS. Mr. Speaker, today as Mr. Speaker, today, shortly, as we To owners Julianna and Peter Holt, the United Nations Cairo Plus 5 Prep take up legislation on this floor, we to Coach Gregg Popovich, to the start- Conference on Population and Develop- will consider measures to help provide ing lineup of Sean Elliott, Mario Elie, ment is going on in New York, our for those who have provided for our Tim Duncan, David Robinson, and the young women around the world are common defense. Whether the issue is little general who made the big shot, under attack. At Cairo Plus 5, it is the veterans’ health care, health care for Avery Johnson, congratulations on U.S. delegation which is suggesting all Americans, or our fiscal responsibil- blowing away the New York Knicks to that any future document should de- ity, we would do well to be guided by become the new World Champions. lete virtually all references to parental the words of our Founders. You’ve given us, the long-time fans rights when it comes to a girl’s adoles- f of South Texas, an experience we will cent sexuality; that is right, the U.S. cherish forever. AMERICA AND ITS ALLIES delegation. f SHOULD DO MORE TO PROTECT It is interesting that this is the same THE SOCIAL SECURITY ‘‘LOCKBOX’’ week during which we in Congress will THE SERBIAN POPULATION IN address parental rights domestically as KOSOVO (Mr. KINGSTON asked and was given we consider the important Child Cus- (Mr. FRANK of Massachusetts asked permission to address the House for 1 tody Protection Act. and was given permission to address minute and to revise and extend his re- As we speak, young women and their the House for 1 minute and to revise marks.) Mr. KINGSTON. Mr. Speaker, we parents around the world face the and extend his remarks.) passed in the House a very, very sig- threat of yet another another govern- Mr. FRANK of Massachusetts. Mr. nificant bill. It had to do with the ment-knows-best strategy that has Speaker, I am disappointed at the fail- lockbox. What it did is it put the social more potential to destroy families. ure of the United States and our allies security money basically off-budget so Mr. Speaker, I hope that the coun- to do a better job of protecting the Ser- that we would not continue to do as we tries of the world who still hold to the bian population of Kosovo. I think we have done in the past, which is com- importance of parents in critical deci- had a strong moral right to go to the aid of the Albanian population of that bine social security money with gen- sions will reject this propaganda and eral purpose spending. exploitation of paternity from the U.S. place. We did it because we wanted to representatives by ensuring and pro- protect innocent people from being per- b 1415 tecting their care-giving parents with secuted based on their ethnicity. We passed that out of the House. We the rights inherent in that role. No doubt there are Serbs who deserve had a good debate on it. There was dis- f to be prosecuted because of their ac- agreement here and there, but we tions, but no people deserves to be mis- passed it. The will of the House was to AMERICA HAS ANOTHER RECORD treated because of their ethnicity. We move it forward. But now the Senate, TRADE DEFICIT took over the province militarily. We which we appropriately address as ‘‘the (Mr. TRAFICANT asked and was did so for good reasons. But along with other body,’’ but it is the other body, given permission to address the House taking it over comes an obligation to they will not move on that. for 1 minute and to revise and extend protect innocent people. It is very important to my grand- his remarks.) I understand it is difficult. I under- mother, to your grandmother, to your Mr. TRAFICANT. Mr. Speaker, for stand this is not the primary task parents, that we quit mixing Social Se- the third straight month America has which military people have been curity proceeds with general operating another record trade deficit. China and trained for. We will not fully do it until revenues. There is not a business in Japan are now taking $130 billion a we get a police force in there. I under- America that is allowed to mix its pen- year out of our economy. China and stand things happened very rapidly be- sion plan with its operating expenses. Japan are taking $130 billion a year out fore there could be complete prepara- It is now time for the other body to of our economy, and no one in Wash- tion. vote on this bill, which the President ington is even paying any attention. The fact is, we have a strong moral supports, and let us protect the retire- Beam me up, Mr. Speaker. While obligation. As strong as our moral obli- ment of our grandparents and parents. Congress worries about the Balkans, gation was to protect the Albanian f Asia, Africa, and the Mideast, Congress Kosovars, so do we have a moral obli- ANNOUNCEMENT BY THE SPEAKER is ignoring the good old U.S.A. I be- gation to protect the great mass of PRO TEMPORE lieve that is a recipe for disaster. I Serbian people. We are not doing near- yield back what jobs we have left. ly as good a job about that as we The SPEAKER pro tempore (Mr. f should. PEASE). Members are reminded not to f refer in debate to action or inaction by LAWMAKERS SHOULD BE GUIDED the other body. BY THE WORDS OF THE FOUND- FROM SAN ANTONIO, TEXAS, AN f ERS OF OUR NATION INCREDIBLE STORY OF NICE COMMUNICATION FROM THE (Mr. HAYWORTH asked and was GUYS FINISHING FIRST CLERK OF THE HOUSE given permission to address the House (Mr. BONILLA asked and was given for 1 minute and to revise and extend permission to address the House for 1 The SPEAKER pro tempore laid be- his remarks.) minute and to revise and extend his re- fore the House the following commu- Mr. HAYWORTH. Mr. Speaker, no marks.) nication from the Clerk of the House of matter the issue, no matter the argu- Mr. BONILLA. Mr. Speaker, from Representatives: ments, there is one principle which San Antonio, we have an incredible OFFICE OF THE CLERK, undergirds the proceedings in this story of nice guys finishing first. This HOUSE OF REPRESENTATIVES, House Chamber and one principle past weekend the torch of basketball Washington, DC, June 25, 1999. which we should rise to uphold. It is Hon. J. DENNIS HASTERT, greatness was passed from the Chicago The Speaker, House of Representatives, enshrined forever in the three opening Bulls to the San Antonio Spurs. Washington, DC. words of the living document that we The Spurs are now the NBA cham- DEAR MR. SPEAKER: Pursuant to the per- swear allegiance to, our Constitution, pions. They are an unusual bunch for mission granted in Clause 2(h) of Rule II of as our Founders had the great and good our time: selfless, no hot dogs, no hams the Rules of the U.S. House of Representa- sense to use the words, ‘‘We, the peo- on the team, just hard-working men tives, I have the honor to transmit a sealed ple.’’ who demonstrated the highest form of envelope received from the White House on President Lincoln offered validation character. They are gentlemen who set June 25, 1999 at 1:34 p.m. and said to contain a message from the President whereby he of that perspective over 100 years later good examples for our young people. submits a copy of an Executive Order enti- when he spoke in Gettysburg of a gov- They showed that you can play great tled, Implementation of the Chemical Weap- ernment of the people, by the people, offense, great defense, and also be a ons Convention and the Chemical Weapons and for the people. great person. Convention Implementation Act.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5002 CONGRESSIONAL RECORD — HOUSE June 29, 1999 With best wishes, I am Order 12938 in order to more effectively improve retirement authorities appli- Sincerely, respond to the worldwide threat of cable to judges of the United States MARTHA C. MORRISON weapons of mass destruction prolifera- Court of Appeals for Veterans Claims, (For Jeff Trandahl). tion activities. and for other purposes, as amended. f The new executive order, which im- The Clerk read as follows: RETURN SURPLUS TO TAXPAYERS plements the Chemical Weapons Con- H.R. 2280 vention Implementation Act of 1998, (Mr. FOSSELLA asked and was given Be it enacted by the Senate and House of Rep- permission to address the House for 1 strengthens Executive Order 12938 by resentatives of the United States of America in minute and to revise and extend his re- amending section 3 to authorize the Congress assembled, United States to implement important marks.) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. provisions of the Convention on the Mr. FOSSELLA. Mr. Speaker, today (a) SHORT TITLE.—This Act may be cited as there were reports that Washington is Prohibition of the Development, Pro- the ‘‘Veterans Benefits Improvement Act of awash in a surplus to the tune of pro- duction, Stockpiling and Use of Chemi- 1999’’. jected $1 trillion. Well, congratulations cal Weapons and on Their Destruction, (b) TABLE OF CONTENTS.—The table of con- to the American taxpayer. There are a a multilateral agreement that serves tents of this Act is as follows: lot of folks who would like to take to reduce the threat posed by chemical Sec. 1. Short title; table of contents. credit for the surpluses. We all know weapons. Specifically, the amendment Sec. 2. References to title 38, United States where it is generated from, and that is enables the United States Government Code. the hard work of millions of Ameri- to ensure that imports into the United TITLE I—COMPENSATION States of certain chemicals from any cans, who get up to work every single Sec. 101. Increase in rates of disability com- morning, sometimes 6, 7 days a week, source are permitted in a manner con- pensation and dependency and sometimes 2 or 3 jobs, to generate this sistent with the relevant provisions of indemnity compensation. surplus. the Convention. Sec. 102. Presumption that bronchiolo-alve- I would just encourage everybody in WILLIAM J. CLINTON. olar carcinoma is service-con- Washington to remind themselves of THE WHITE HOUSE, June 25, 1999. nected. f Sec. 103. Dependency and indemnity com- that fact, and that when it comes time pensation for surviving spouses to spend that money, that they set COMMUNICATION FROM THE HON. of former prisoners of war. aside enough back to the taxpayers so ANNA ESHOO, MEMBER OF CON- Sec. 104. Reinstatement of certain benefits they can spend it on their families and GRESS for remarried surviving spouses to continue to grow our economy as it of veterans upon termination of has been growing like no time before. The SPEAKER pro tempore laid be- their remarriage. fore the House the following commu- As it relates to the gentleman from TITLE II—MEMORIAL AFFAIRS nication from the Honorable ANNA Texas (Mr. BONILLA) and the San Anto- ESHOO, Member of Congress: Subtitle A—American Battle Monuments nio Spurs, congratulations, but there is Commission also next year for our Knicks fans. HOUSE OF REPRESENTATIVES, Washington, DC, June 29, 1999, Sec. 201. Codification and expansion of au- f Hon. J. DENNIS HASTERT, thority for World War II Memo- IMPLEMENTATION OF CHEMICAL Speaker of the House of Representatives, Wash- rial. WEAPONS CONVENTION AND ington, DC. Sec. 202. General authority to solicit and re- ceive contributions. CHEMICAL WEAPONS CONVEN- DEAR MR. SPEAKER, This is to formally no- tify you pursuant to Rule VIII of the Rules Sec. 203. Intellectual property and related TION IMPLEMENTATION ACT— of the House that I received a subpoena for items. MESSAGE FROM THE PRESIDENT documents issued by the United States Dis- Sec. 204. Technical amendments. OF THE UNITED STATES (H. DOC. trict Court for the Northern District of Cali- Subtitle B—National Cemeteries NO. 106–86) fornia. Sec. 211. Establishment of additional na- The SPEAKER pro tempore laid be- After consultation with the Office of Gen- eral Counsel, I have determined to comply tional cemeteries. fore the House the following message with the subpoena to the extent that it is Sec. 212. Independent study on improve- from the President of the United consistent with Rule VIII. ments to veterans’ cemeteries. States; which was read and, together Sincerely, TITLE III—HOUSING with the accompanying papers, without ANNA G. ESHOO. Sec. 301. Permanent eligibility for housing objection, referred to the Committee f loans for former members of on International Relations and ordered the Selected Reserve. to be printed: ANNOUNCEMENT BY THE SPEAKER Sec. 302. Homeless veterans’ reintegration To the Congress of the United States: PRO TEMPORE programs. On November 14, 1994, in light of the The SPEAKER pro tempore. Pursu- Sec. 303. Transitional housing loan guaran- danger of the proliferation of nuclear, ant to clause 8 of rule XX, the Chair tee program technical amend- biological, and chemical weapons announces that he will postpone fur- ment. (weapons of mass destruction) and of ther proceedings today on each motion TITLE IV—COURT OF APPEALS FOR the means of delivering such weapons, to suspend the rules on which a re- VETERANS CLAIMS using my authority under the Inter- corded vote or the yeas and nays are Sec. 401. Authority to prescribe rules and national Emergency Economic Powers ordered or on which the vote is ob- regulations. Act (50 U.S.C. 1701 et seq.), I issued Ex- jected to under clause 6 of rule XX. Sec. 402. Recall of retired judges. ecutive Order 12938, declaring a na- Such rollcall votes, if postponed, will Sec. 403. Calculation of years of service as a tional emergency to deal with this dan- be taken after debate has concluded on judge. ger. Because the proliferation of weap- all motions to suspend the rules. Sec. 404. Judges’ retired pay. Sec. 405. Survivor annuities. ons of mass destruction continues to f Sec. 406. Limitation on activities of retired pose an unusual and extraordinary judges. threat to the national security, foreign VETERANS BENEFITS IMPROVEMENT ACT OF 1999 Sec. 407. Early retirement authority for cur- policy, and economy of the United rent judges in order to provide States, I have renewed the national Mr. STUMP. Mr. Speaker, I move to for staggered terms of judges. emergency declared in Executive Order suspend the rules and pass the bill TITLE V—OTHER MATTERS 12938 annually, most recently on No- (H.R. 2280) to amend title 38, United Sec. 501. Repeal of certain sunset provisions. vember 12, 1998. Pursuant to section States Code, to provide a cost-of-living Sec. 502. Enhanced quality assurance pro- 204(b) of the International Emergency adjustment in rates of compensation gram within the Veterans Bene- Economic Powers Act (50 U.S.C. paid for service-connected disabilities, fits Administration. 1703(b)), I hereby report to the Congress to enhance the compensation, memo- Sec. 503. Extension of Advisory Committee that I have exercised my statutory au- rial affairs, and housing programs of on Minority Veterans. thority to further amend Executive the Department of Veterans Affairs, to Sec. 504. Codification of recurring provisions in annual Department of Veter- ans Affairs Appropriations Acts.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0655 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5003 SEC. 2. REFERENCES TO TITLE 38, UNITED SEC. 103. DEPENDENCY AND INDEMNITY COM- TITLE II—MEMORIAL AFFAIRS STATES CODE. PENSATION FOR SURVIVING Subtitle A—American Battle Monuments SPOUSES OF FORMER PRISONERS Except as otherwise expressly provided, Commission whenever in this Act an amendment or re- OF WAR. SEC. 201. CODIFICATION AND EXPANSION OF AU- (a) ELIGIBILITY.—Section 1318(b) is peal is expressed in terms of an amendment THORITY FOR WORLD WAR II MEMO- to, or repeal of, a section or other provision, amended— RIAL. (1) by striking ‘‘that either—’’ in the mat- the reference shall be considered to be made (a) CODIFICATION OF EXISTING AUTHORITY; to a section or other provision of title 38, ter preceding paragraph (1) and inserting EXPANSION OF AUTHORITY.—(1) Chapter 21 of United States Code. ‘‘rated totally disabling if—’’; and title 36, United States Code, is amended by (2) by adding at the end the following new TITLE I—COMPENSATION adding at the end the following new section: paragraph: ‘‘§ 2113. World War II memorial in the District SEC. 101. INCREASE IN RATES OF DISABILITY ‘‘(3) the veteran was a former prisoner of of Columbia COMPENSATION AND DEPENDENCY war who died after September 30, 1999, and AND INDEMNITY COMPENSATION. who had been diagnosed as having one of the ‘‘(a) SOLICITATION AND ACCEPTANCE OF CON- (a) RATE ADJUSTMENT.—The Secretary of diseases specified in section 1112(b) of this TRIBUTIONS.—Consistent with its authority Veterans Affairs shall, effective on December under section 2103(e) of this title, the Amer- title.’’. 1, 1999, increase the dollar amounts in effect ican Battle Monuments Commission shall so- (b) CONFORMING AMENDMENTS.—Such sec- for the payment of disability compensation licit and accept contributions for the memo- tion is further amended— and dependency and indemnity compensa- rial authorized by Public Law 103–32 (40 (1) in paragraph (1)— tion by the Secretary, as specified in sub- U.S.C. 1003 note) to be established by the (A) by inserting ‘‘the disability’’ after section (b). Commission on Federal land in the District ‘‘(1)’’; and (b) AMOUNTS TO BE INCREASED.—The dollar of Columbia or its environs to honor mem- (B) by striking ‘‘or’’ after ‘‘death;’’; and amounts to be increased pursuant to sub- bers of the Armed Forces who served in (2) in paragraph (2)— section (a) are the following: World War II and to commemorate the par- (A) by striking ‘‘if so rated for a lesser pe- (1) COMPENSATION.—Each of the dollar ticipation of the United States in that war riod, was so rated continuously’’ and insert- amounts in effect under section 1114 of title (hereinafter in this section referred to as the ing ‘‘the disability was continuously rated 38, United States Code. ‘World War II memorial’). totally disabling’’; and (2) ADDITIONAL COMPENSATION FOR DEPEND- ‘‘(b) CREATION OF MEMORIAL FUND.—(1) (B) by striking the period at the end and ENTS.—Each of the dollar amounts in effect There is hereby created in the Treasury a inserting ‘‘; or’’. under sections 1115(1) of such title. fund for the World War II memorial. The (3) CLOTHING ALLOWANCE.—The dollar SEC. 104. REINSTATEMENT OF CERTAIN BENE- fund shall consist of the following: amount in effect under section 1162 of such FITS FOR REMARRIED SURVIVING ‘‘(A) Amounts deposited, and interest and SPOUSES OF VETERANS UPON TER- proceeds credited, under paragraph (2). title. MINATION OF THEIR REMARRIAGE. (4) NEW DIC RATES.—The dollar amounts in ‘‘(B) Obligations obtained under paragraph (a) RESTORATION OF PRIOR ELIGIBILITY.— effect under paragraphs (1) and (2) of section (3). Section 103(d) is amended— 1311(a) of such title. ‘‘(C) The amount of surcharges paid to the (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and (5) OLD DIC RATES.—Each of the dollar Commission for the World War II memorial (2) by adding at the end the following: amounts in effect under section 1311(a)(3) of under the World War II 50th Anniversary such title. ‘‘(2) The remarriage of the surviving spouse Commemorative Coins Act (31 U.S.C. 5112 of a veteran shall not bar the furnishing of (6) ADDITIONAL DIC FOR SURVIVING SPOUSES note). benefits specified in paragraph (5) to such WITH MINOR CHILDREN.—The dollar amount in ‘‘(D) Amounts borrowed using the author- effect under section 1311(b) of such title. person as the surviving spouse of the veteran ity provided under subsection (d). if the remarriage has been terminated by (7) ADDITIONAL DIC FOR DISABILITY.—The ‘‘(E) Any funds received by the Commis- dollar amounts in effect under sections death or divorce unless the Secretary deter- sion under section 2114 of this title in ex- 1311(c) and 1311(d) of such title. mines that the divorce was secured through change for use of, or the right to use, any fraud or collusion. (8) DIC FOR DEPENDENT CHILDREN.—The dol- mark, copyright or patent. lar amounts in effect under sections 1313(a) ‘‘(3) If the surviving spouse of a veteran ‘‘(2) The Chairman of the Commission shall deposit in the fund the amounts accepted as and 1314 of such title. ceases living with another person and hold- contributions under subsection (a). The Sec- (c) DETERMINATION OF INCREASE.—(1) The ing himself or herself out openly to the pub- retary of the Treasury shall credit to the increase under subsection (a) shall be made lic as that person’s spouse, the bar to grant- fund the interest on, and the proceeds from in the dollar amounts specified in subsection ing that person benefits as the surviving sale or redemption of, obligations held in the (b) as in effect on November 30, 1999. spouse of the veteran shall not apply in the fund. (2) Except as provided in paragraph (3), case of the benefits specified in paragraph (5). ‘‘(3) The Secretary shall invest any portion each such amount shall be increased by the of the fund that, as determined by the Chair- same percentage as the percentage by which ‘‘(4) The first month of eligibility for bene- fits for a surviving spouse by reason of this man, is not required to meet current ex- benefit amounts payable under title II of the penses. Each investment shall be made in an Social Security Act (42 U.S.C. 401 et seq.) are subsection shall be the month after— ‘‘(A) the month of the termination of such interest-bearing obligation of the United increased effective December 1, 1999, as a re- States or an obligation guaranteed as to sult of a determination under section 215(i) remarriage, in the case of a surviving spouse described in paragraph (2); or principal and interest by the United States of such Act (42 U.S.C. 415(i)). that the Chairman determines has a matu- (3) Each dollar amount increased pursuant ‘‘(B) the month of the cessation described in paragraph (3), in the case of a surviving rity suitable for the fund. to paragraph (2) shall, if not a whole dollar ‘‘(c) USE OF FUND.—The fund shall be avail- spouse described in that paragraph. amount, be rounded down to the next lower able to the Commission— whole dollar amount. ‘‘(5) Paragraphs (2) and (3) apply with re- ‘‘(1) for the expenses of establishing the (d) SPECIAL RULE.—The Secretary may ad- spect to benefits under the following provi- World War II memorial, including the main- just administratively, consistent with the sions of this title: tenance and preservation amount provided increases made under subsection (a), the ‘‘(A) Section 1311, relating to dependency for in section 8(b) of the Commemorative rates of disability compensation payable to and indemnity compensation. Works Act (40 U.S.C. 1008(b)); persons within the purview of section 10 of ‘‘(B) Section 1713, relating to medical care ‘‘(2) for such other expenses, other than Public Law 85–857 (72 Stat. 1263) who are not for survivors and dependents of certain vet- routine maintenance, with respect to the in receipt of compensation payable pursuant erans. World War II memorial as the Commission to chapter 11 of title 38, United States Code. ‘‘(C) Chapter 35, relating to educational as- considers warranted; and (e) PUBLICATION OF ADJUSTED RATES.—At sistance. ‘‘(3) to secure, obtain, register, enforce, the same time as the matters specified in ‘‘(D) Chapter 37, relating to housing protect, and license any mark, copyright or section 215(i)(2)(D) of the Social Security Act loans.’’. patent that is owned by, assigned to, or li- (42 U.S.C. 415(i)(2)(D)) are required to be pub- (b) CONFORMING AMENDMENT.—Section 1311 censed to the Commission under section 2114 lished by reason of a determination made is amended by striking subsection (e). of this title to aid or facilitate the construc- under section 215(i) of such Act during fiscal (c) EFFECTIVE DATE.—The amendments tion of the World War II memorial. year 1999, the Secretary of Veterans Affairs made by subsections (a) and (b) shall take ef- ‘‘(d) SPECIAL BORROWING AUTHORITY.—(1) shall publish in the Federal Register the fect on the first day of the first month begin- To assure that groundbreaking, construc- amounts specified in subsection (b), as in- ning after the month in which this Act is en- tion, and dedication of the World War II me- creased pursuant to this section. acted or October 1, 1999, whichever is later. morial are carried out on a timely basis, the SEC. 102. PRESUMPTION THAT BRONCHIOLO-AL- (d) LIMITATION.—No payment may be made Commission may borrow money from the VEOLAR CARCINOMA IS SERVICE- to a person by reason of paragraphs (2) and Treasury of the United States in such CONNECTED. (3) of section 103(d) of title 38, United States amounts as the Commission considers nec- Section 1112(c)(2) is amended by adding at Code, as added by subsection (a), for any pe- essary, but not to exceed a total of the end the following new subparagraph: riod before the effective date specified in $65,000,000. Borrowed amounts shall bear in- ‘‘(P) Bronchiolo-alveolar carcinoma.’’. subsection (c). terest at a rate determined by the Secretary

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5004 CONGRESSIONAL RECORD — HOUSE June 29, 1999 of the Treasury, taking into consideration the use of volunteer services to displace or patent by an action in the district courts the average market yield on outstanding replace any Federal employee. under any law providing for the protection of marketable obligations of the United States ‘‘(g) TREATMENT OF CERTAIN CONTRACTS.—A such marks, copyrights, or patents. of comparable maturities during the month contract entered into by the Commission for ‘‘(d) LEGAL REPRESENTATION.—The Attor- preceding the month in which the obliga- the design or construction of the World War ney General shall furnish the Commission tions of the Commission are issued. The in- II memorial is not a funding agreement as with legal representation as the Commission terest payments on such obligations may be that term is defined in section 201 of title 35. may require under subsection (c). The Sec- deferred with the approval of the Secretary, ‘‘(h) EXTENSION OF AUTHORITY TO ESTAB- retary of Defense shall provide representa- but any interest payment so deferred shall LISH MEMORIAL.—Notwithstanding section 10 tion for the Commission in administrative also bear interest. of the Commemorative Works Act (40 U.S.C. proceedings before the Patent and Trade- ‘‘(2) The borrowing of money by the Com- 1010), the authority for the construction of mark Office and Copyright Office. mission under paragraph (1) shall be subject the World War II memorial provided by Pub- ‘‘(e) IRREVOCABILITY OF TRANSFERS OF to such maturities, terms, and conditions as lic Law 103–32 (40 U.S.C. 1003 note) expires on COPYRIGHTS TO COMMISSION.—Section 203 of may be agreed upon by the Commission and December 31, 2005.’’. title 17 shall not apply to any copyright the Secretary, except that the maturities (2) The table of sections at the beginning of transferred in any manner to the Commis- may not exceed 20 years and such borrowings such chapter is amended by adding at the sion.’’. (b) CLERICAL AMENDMENT.—The table of may be redeemable at the option of the Com- end the following new item: ‘‘2113. World War II memorial in the District sections at the beginning of such chapter, as mission before maturity. amended by section 201(a)(2), is further ‘‘(3) The obligations of the Commission of Columbia.’’. amended by adding at the end the following shall be issued in amounts and at prices ap- (b) CONFORMING AMENDMENTS.—Public Law new item: proved by the Secretary. The authority of 103–32 (40 U.S.C. 1003 note) is amended by the Commission to issue obligations under striking sections 3, 4, and 5. ‘‘2114. Intellectual property and related this subsection shall remain available with- (c) EFFECT OF REPEAL OF CURRENT MEMO- items.’’. out fiscal year limitation. The Secretary of RIAL FUND.—Upon the enactment of this Act, SEC. 204. TECHNICAL AMENDMENTS. the Treasury shall purchase any obligations the Secretary of the Treasury shall transfer Chapter 21 of title 36, United States Code, of the Commission to be issued under this amounts in the fund created by section 4(a) is amended as follows: subsection, and for such purpose the Sec- of Public Law 103–32 (40 U.S.C. 1003 note) to (1) In section 2101(b)— retary of the Treasury may use as a public the fund created by section 2113(b) of title 36, (A) by striking ‘‘title 37, United States debt transaction of the United States the United States Code, as added by subsection Code,’’ in paragraph (2) and inserting ‘‘title proceeds from the sale of any securities (a). 37’’; and issued under chapter 31 of title 31. The pur- SEC. 202. GENERAL AUTHORITY TO SOLICIT AND (B) by striking ‘‘title 5, United States poses for which securities may be issued RECEIVE CONTRIBUTIONS. Code,’’ in paragraph (3) and inserting ‘‘title 5’’. under such chapter are extended to include Subsection (e) of section 2103 of title 36, (2) In section 2102(a)(1), by striking ‘‘title 5, any purchase of the Commission’s obliga- United States Code, is amended to read as United States Code’’ and inserting ‘‘title 5’’. tions under this subsection. follows: ‘‘(4) Repayment of the interest and prin- ‘‘(e) SOLICITATION AND RECEIPT OF CON- (3) In section 2103— cipal on any funds borrowed by the Commis- TRIBUTIONS.—(1) The Commission may solicit (A) by striking ‘‘title 31, United States sion under paragraph (1) shall be made from and receive funds and in-kind donations and Code’’ in subsection (h)(2)(A)(i) and inserting amounts in the fund. The Commission may gifts from any State, municipal, or private ‘‘title 31’’; not use for such purpose any funds appro- source to carry out the purposes of this chap- (B) by striking ‘‘title 44, United States priated for any other activities of the Com- ter. The Commission shall deposit such funds Code’’ in subsection (i) and inserting ‘‘title mission. in a separate account in the Treasury. Funds 44’’; and ‘‘(e) TREATMENT OF BORROWING AUTHOR- from that account shall be disbursed upon (C) by striking ‘‘chairman’’ each place it ITY.—In determining whether the Commis- vouchers approved by the Chairman. appears and inserting ‘‘Chairman’’. sion has sufficient funds to complete con- ‘‘(2) The Commission shall establish writ- Subtitle B—National Cemeteries ten guidelines setting forth the criteria to be struction of the World War II memorial, as SEC. 211. ESTABLISHMENT OF ADDITIONAL NA- required by section 8 of the Commemorative used in determining whether the acceptance TIONAL CEMETERIES. Works Act (40 U.S.C. 1008), the Secretary of of funds and in-kind donations and gifts (a) ESTABLISHMENT.—The Secretary of Vet- the Interior shall consider the funds that the under paragraph (1) would— erans Affairs shall establish, in accordance Commission may borrow from the Treasury ‘‘(A) reflect unfavorably on the ability of with chapter 24 of title 38, United States under subsection (d) as funds available to the Commission, or any member or employee Code, a national cemetery in each of the four complete construction of the memorial, of the Commission, to carry out the respon- areas in the United States that the Sec- whether or not the Commission has actually sibilities or official duties of the Commission retary determines to be most in need of such exercised the authority to borrow such in a fair and objective manner; or a cemetery to serve the needs of veterans funds. ‘‘(B) compromise the integrity or the ap- and their families. ‘‘(f) VOLUNTARY SERVICES.—(1) Notwith- pearance of the integrity of the programs of (b) OBLIGATION OF FUNDS IN FISCAL YEAR standing section 1342 of title 31, the Commis- the Commission or any official involved in 2000.—The Secretary shall obligate from the sion may accept from any person voluntary those programs.’’. advance planning fund in the Construction, services to be provided in furtherance of the SEC. 203. INTELLECTUAL PROPERTY AND RELAT- Major Projects account appropriated to the fund-raising activities of the Commission re- ED ITEMS. Department of Veterans Affairs for fiscal lating to the World War II memorial. (a) IN GENERAL.—Chapter 21 of title 36, year 2000 such amounts for costs that the ‘‘(2) A person providing voluntary services United States Code, as amended by section Secretary estimates are required for the under this subsection shall be considered to 201(a)(1), is further amended by adding at the planning and commencement of the estab- be a Federal employee for purposes of chap- end the following new section: lishment of national cemeteries under this ter 81 of title 5, relating to compensation for ‘‘§ 2114. Intellectual property and related section. (c) REPORTS.—(1) Not later than 120 days work-related injuries, and chapter 171 of title items after the date of the enactment of this Act, 28, relating to tort claims. A volunteer who ‘‘(a) AUTHORITY TO USE AND REGISTER IN- the Secretary shall submit to Congress a re- is not otherwise employed by the United TELLECTUAL PROPERTY.—The American Bat- port on the establishment of the national States shall not be considered to be a Fed- tle Monuments Commission may— cemeteries under subsection (a). The report eral employee for any other purpose by rea- ‘‘(1) adopt, use, register, and license trade- shall set forth the four areas identified by son of the provision of such voluntary serv- marks, service marks, and other marks; the Secretary for such establishment, a ice, except that any volunteers given respon- ‘‘(2) obtain, use, register, and license the schedule for such establishment, an estimate sibility for the handling of funds or the car- use of copyrights consistent with section 105 of the costs associated with such establish- rying out of a Federal function are subject to of title 17; ment, and the amount obligated from the ad- the conflict of interest laws contained in ‘‘(3) obtain, use, and license patents; and vance planning fund under subsection (b). chapter 11 of title 18 and the administrative ‘‘(4) accept gifts of marks, copyrights, pat- (2) Not later than one year after the date standards of conduct contained in part 2635 ents and licenses for use by the Commission. on which the report described in paragraph of title 5 of the Code of Federal Regulations. ‘‘(b) AUTHORITY TO GRANT LICENSES.—The (1) is submitted to Congress, and annually ‘‘(3) The Commission may provide for reim- Commission may grant exclusive and non- thereafter until the establishment of the na- bursement of incidental expenses that are in- exclusive licenses in connection with any tional cemeteries under subsection (a) is curred by a person providing voluntary serv- mark, copyright, patent, or license for the complete, the Secretary shall submit to Con- ices under this subsection. The Commission use of such mark, copyright or patent, ex- gress a report that updates the information shall determine those expenses that are eli- cept to the extent the grant of such license included in the report described in paragraph gible for reimbursement under this para- by the Commission would be contrary to any (1). graph. contract or license by which the use of the SEC. 212. INDEPENDENT STUDY ON IMPROVE- ‘‘(4) Nothing in this subsection shall be mark, copyright, or patent was obtained. MENTS TO VETERANS’ CEMETERIES. construed to require any Federal employee ‘‘(c) ENFORCEMENT AUTHORITY.—The Com- (a) STUDY.—Not later than 180 days after to work without compensation or to allow mission may enforce any mark, copyright, or the date of the enactment of this Act, the

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5005 Secretary of Veterans Affairs shall enter information as the Secretary considers ap- equivalent) during any calendar year with- into a contract with one or more qualified propriate to monitor and evaluate the dis- out the judge’s consent or for more than a organizations to conduct a study of national tribution and expenditure of funds appro- total of 180 days (or the equivalent) during cemeteries described in subsection (b). For priated to carry out this section, and such any calendar year. purposes of this section, an entity of Fed- information shall be furnished to the Sec- ‘‘(3) If a recall-eligible retired judge is re- eral, State, or local government is not a retary in such form as the Secretary deter- called by the chief judge in accordance with qualified organization. mines appropriate. this section and (other than in the case of a (b) MATTERS STUDIED.—(1) The study con- ‘‘(c) DEFINITION.—As used in this section, judge who has previously during that cal- ducted pursuant to the contract entered into the term ‘homeless veteran’ has the meaning endar year served at least 90 days (or the under subsection (a) shall include an assess- given that term by section 3771(2) of this equivalent) of recalled service on the court) ment of each of the following: title. declines (other than by reason of disability) (A) The one-time repairs required at each ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— to perform the service to which recalled, the national cemetery under the jurisdiction of (1) There are authorized to be appropriated chief judge shall remove that retired judge the National Cemetery Administration of to carry out this section amounts as follows: from the status of a recall-eligible judge. the Department of Veterans Affairs to en- ‘‘(A) $10,000,000 for fiscal year 2000. ‘‘(4) A recall-eligible retired judge who be- sure a dignified and respectful setting appro- ‘‘(B) $15,000,000 for fiscal year 2001. comes permanently disabled and as a result priate to such cemetery, taking into account ‘‘(C) $20,000,000 for fiscal year 2002. of that disability is unable to perform fur- the variety of age, climate, and burial op- ‘‘(D) $25,000,000 for fiscal year 2003. ther service on the court shall be removed tions at individual national cemeteries. ‘‘(E) $30,000,000 for fiscal year 2004. from the status of a recall-eligible judge. De- (B) The feasibility of making standards of ‘‘(2) Funds obligated for any fiscal year to termination of such a disability shall be appearance of such national cemeteries com- carry out this section may be expended in made in the same manner as is applicable to mensurate with standards of appearance of that fiscal year and the succeeding fiscal judges of the United States under section 371 the finest cemeteries in the world. year.’’. of title 28. (C) The number of additional national (b) CLERICAL AMENDMENT.—The table of ‘‘(c) A retired judge who is recalled under cemeteries that will be required for the in- sections at the beginning of such chapter is this section may exercise all of the powers terment and memorialization in such ceme- amended by adding at the end the following and duties of the office of a judge in active teries of individuals qualified under chapter new item: service. 24 of title 38, United States Code, who die ‘‘4111. Homeless veterans’ reintegration pro- ‘‘(d)(1) The pay of a recall-eligible retired after 2005. grams.’’. judge who retired under section 7296 of this (D) Improvements to burial benefits under SEC. 303. TRANSITIONAL HOUSING LOAN GUAR- title is specified in subsection (c) of that sec- chapter 23 of title 38, United States Code, in- ANTEE PROGRAM TECHNICAL tion. cluding a proposal to increase the amount of AMENDMENT. ‘‘(2) A judge who is recalled under this sec- the benefit for plot allowances under section Section 3775 is amended— tion who retired under chapter 83 or 84 of 2303(b) of such title, to better serve veterans (1) by inserting ‘‘(a)’’ before ‘‘During title 5 shall be paid, during the period for and their families. each’’; and which the judge serves in recall status, pay (2) In presenting the assessment of addi- (2) by adding at the end the following new at the rate of pay in effect under section tional national cemeteries required under subsection: 7253(e) of this title for a judge performing ac- paragraph (1)(C), the report shall identify by ‘‘(b) After the first 3 years of operation of tive service, less the amount of the judge’s five-year period, beginning with 2005 and such a multifamily transitional housing annuity under the applicable provisions of ending with 2020, the following: project, the Secretary may provide for peri- chapter 83 or 84 of title 5. (A) The number of additional national odic audits of the project.’’. ‘‘(e)(1) Except as provided in subsection (d), cemeteries required during each such five- TITLE IV—COURT OF APPEALS FOR a judge who is recalled under this section year period. VETERANS CLAIMS who retired under chapter 83 or 84 of title 5 (B) With respect to each such five-year pe- SEC. 401. AUTHORITY TO PRESCRIBE RULES AND shall be considered to be a reemployed annu- riod, the areas in the United States with the REGULATIONS. itant under that chapter. greatest concentration of veterans whose Section 7254 is amended by adding at the ‘‘(2) Nothing in this section affects the needs are not served by national cemeteries end the following new subsection: right of a judge who retired under chapter 83 or State veterans’ cemeteries. ‘‘(f) The Court may prescribe rules and reg- or 84 of title 5 to serve as a reemployed annu- (c) REPORT.—(1) Not later than one year ulations to carry out this chapter.’’. itant in accordance with the provisions of after the date on which a qualified organiza- SEC. 402. RECALL OF RETIRED JUDGES. title 5.’’. tion enters into a contract under subsection (a) AUTHORITY TO RECALL RETIRED (b) CLERICAL AMENDMENT.—The table of (a), the organization shall submit to the Sec- JUDGES.—Chapter 72 is amended by inserting sections at the beginning of such chapter is retary a report setting forth the results of after section 7256 the following new section: amended by inserting after the item relating the study conducted and conclusions of the to section 7256 the following new item: ‘‘§ 7257. Recall of retired judges organization with respect to such results. ‘‘(a)(1) A retired judge of the Court may be ‘‘7257. Recall of retired judges.’’. (2) Not later than 120 days after the date on SEC. 403. CALCULATION OF YEARS OF SERVICE which a report is submitted under paragraph recalled for further service on the Court in accordance with this section. To be eligible AS A JUDGE. (1), the Secretary shall transmit to the Com- Section 7296(b) is amended by adding at the mittees on Veterans’ Affairs of the House of to be recalled for such service, a retired judge must at the time of the judge’s retire- end the following new paragraph: Representatives and the Senate a copy of ‘‘(4) For purposes of calculating the years such report, together with any comments on ment provide to the chief judge of the Court (or, in the case of the chief judge, to the of service of an individual under this sub- the report that the Secretary considers ap- section and subsection (c), only those years propriate. clerk of the Court) notice in writing that the retired judge is available for further service of service as a judge of the Court shall be TITLE III—HOUSING on the Court in accordance with this section credited. In determining the number of years SEC. 301. PERMANENT ELIGIBILITY FOR HOUS- and is willing to be recalled under this sec- of such service, that portion of the aggregate ING LOANS FOR FORMER MEMBERS tion. Such a notice provided by a retired number of years of such service that is a OF THE SELECTED RESERVE. judge is irrevocable. fractional part of one year shall be dis- Section 3702(a)(2)(E) is amended by strik- ‘‘(2) For the purposes of this section— regarded if less than 183 days and shall be ing ‘‘For the period beginning on October 28, ‘‘(A) a retired judge is a judge of the Court credited as a full year if 183 days or more.’’. 1992, and ending on September 30, 2003, each of Veterans Appeals who retires from the SEC. 404. JUDGES’ RETIRED PAY. veteran’’ and inserting ‘‘Each veteran’’. Court under section 7296 of this title or under (a) IN GENERAL.—Subsection (c)(1) of sec- SEC. 302. HOMELESS VETERANS’ REINTEGRATION chapter 83 or 84 of title 5; and tion 7296 is amended by striking ‘‘at the rate PROGRAMS. ‘‘(B) a recall-eligible retired judge is a re- of pay in effect at the time of retirement.’’ (a) IN GENERAL.—Chapter 41 is amended by tired judge who has provided a notice under and inserting the following: ‘‘as follows: adding at the end the following new section: paragraph (1). ‘‘(A) In the case of a judge who is a recall- ‘‘§ 4111. Homeless veterans’ reintegration pro- ‘‘(b)(1) The chief judge may recall for fur- eligible retired judge under section 7257 of grams ther service on the court a recall-eligible re- this title or who was a recall-eligible retired ‘‘(a) IN GENERAL.—The Secretary, acting tired judge in accordance with this section. judge under that section and was removed through the Assistant Secretary of Labor for Such a recall shall be made upon written cer- from recall status under subsection (b)(4) of Veterans’ Employment and Training, shall tification by the chief judge that substantial that section by reason of disability, the re- conduct, directly or through grant or con- service is expected to be performed by the re- tired pay of the judge shall be the pay of a tract, such programs as the Secretary deter- tired judge for such period, not to exceed 90 judge of the court (or of the chief judge, if mines appropriate to expedite the reintegra- days (or the equivalent), as determined by the individual retired from service as chief tion of homeless veterans into the labor the chief judge to be necessary to meet the judge). force. needs of the Court. ‘‘(B) In the case of a judge who at the time ‘‘(b) AUTHORITY TO MONITOR EXPENDITURE ‘‘(2) A recall-eligible retired judge may not of retirement did not provide notice under OF FUNDS.—The Secretary may collect such be recalled for more than 90 days (or the section 7257 of this title of availability for

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5006 CONGRESSIONAL RECORD — HOUSE June 29, 1999 service in a recalled status, the retired pay ‘‘(B) during which the judge was not re- (2) has made an election to receive retired of the judge shall be the rate of pay applica- ceiving retired pay based on service as a pay under section 7296 of such title; ble to that judge at the time of retirement. judge or receiving any retirement salary as (3) has at least 20 years of service described ‘‘(C) In the case of a judge who was a re- described in section 376(d)(1) of title 28.’’. in section 7297(l) of such title; and call-eligible retired judge under section 7257 (e) SERVICE ELIGIBILITY.—(1) Subsection (f) (4) is at least 55 years of age. of such section is amended— of this title and was removed from recall sta- (c) MULTIPLE ELIGIBLE JUDGES.—If for any tus under subsection (b)(3) of that section, (A) in paragraph (1), in the matter preced- year specified in subsection (a) more than the retired pay of the judge shall be the pay ing subparagraph (A)— one eligible judge provides notice in accord- of the judge at the time of the removal from (i) by striking ‘‘at least 5 years’’ and in- ance with subsection (d), the judge who has recall status.’’. serting ‘‘at least 18 months’’; and the greatest seniority as a judge of the (b) COST-OF-LIVING ADJUSTMENTS.—Sub- (ii) by striking ‘‘last 5 years’’ and inserting United States Court of Appeals for Veterans section (f) of such section is amended by add- ‘‘last 18 months’’; and Claims shall be the judge who is eligible to ing at the end the following new paragraph: (B) by adding at the end the following new retire in accordance with this section in that ‘‘(3)(A) A cost-of-living adjustment pro- paragraph: year. vided by law in annuities payable under civil ‘‘(5) If a judge dies as a result of an assas- service retirement laws shall apply to retired sination and leaves a survivor or survivors (d) NOTICE.—An eligible judge who desires pay under this section only in the case of re- who are otherwise entitled to receive annu- to retire in accordance with this section tired pay computed under paragraph (2) of ity payments under this section, the 18- with respect to any year covered by sub- subsection (c). month requirement in the matter in para- section (a) shall provide to the President and ‘‘(B)(i) If such a cost-of-living adjustment graph (1) preceding subparagraph (A) shall the chief judge of the United States Court of would (but for this subparagraph) result in not apply.’’. Appeals for Veterans Claims written notice (2) Subsection (a) of such section is further the retired pay of a retired chief judge being to that effect not later than April 1 of that amended— in excess of the annual rate of pay in effect year, except that in the case of an eligible (A) in paragraph (2), by inserting ‘‘who is for the chief judge of the court as provided in judge desiring to retire with respect to 1999, in active service or who has retired under section 7253(e)(1) of this title, such adjust- such notice shall be provided not later than section 7296 of this title’’ after ‘‘Court’’; ment may be made in the retired pay of that November 1, 1999, or 15 days after the date of (B) in paragraph (3), by striking ‘‘7296(c)’’ retired chief judge only in such amount as the enactment of this Act, whichever is and inserting ‘‘7296’’; results in the retired pay of the retired chief later. Such a notice shall specify the retire- (C) by adding at the end the following new judge being equal to that annual rate of pay ment date in accordance with subsection (e). paragraph: (as in effect on the effective date of such ad- Notice provided under this subsection shall ‘‘(8) The term ‘assassination’ as applied to justment). be irrevocable. a judge shall have the meaning provided that ‘‘(ii) If such a cost-of-living adjustment (e) DATE OF RETIREMENT.—A judge who is term in section 376(a)(7) of title 28 as applied would (but for this subparagraph) result in eligible to retire in accordance with this sec- to a judicial official.’’. the retired pay of a retired judge (other than tion shall be retired during the fiscal year in (f) AGE REQUIREMENT OF SURVIVING which notice is provided pursuant to sub- a retired chief judge) being in excess of the SPOUSE.—Subsection (f) of such section is section (d), but not earlier than 90 days after annual rate of pay in effect for judges of the further amended by striking ‘‘or following court as provided in section 7253(e)(2) of this the surviving spouse’s attainment of the age the date on which that notice is provided, ex- title, such adjustment may be made only in of 50 years, whichever is the later’’ in para- cept that a judge retired in accordance with such amount as results in the retired pay of graph (1)(A). this section with respect to 1999 shall be re- tired not earlier than 90 days, and not later the retired judge being equal to that annual SEC. 406. LIMITATION ON ACTIVITIES OF RE- rate of pay (as in effect on the effective date TIRED JUDGES. than 150 days, after the date on which notice of such adjustment).’’. (a) IN GENERAL.—Chapter 72 is amended by is provided pursuant to subsection (d). (c) COORDINATION WITH MILITARY RETIRED adding at the end the following new section: (f) APPLICABLE PROVISIONS.—Except as pro- PAY.—Subsection (f) of such section is fur- ‘‘§ 7299. Limitation on activities of retired vided in subsection (g), a judge retired in ac- ther amended by adding after paragraph (3), judges cordance with this section shall be consid- as added by subsection (b), the following new ‘‘(a) A retired judge of the Court who is re- ered for all purposes to be retired under sec- paragraph: call-eligible under section 7257 of this title tion 7296(b)(1) of title 38, United States Code. ‘‘(4) Notwithstanding subsection (c) of sec- and who in the practice of law represents (or (g) RATE OF RETIRED PAY.—The rate of re- tion 5532 of title 5, if a regular or reserve supervises or directs the representation of) a tired pay for a judge retiring in accordance member of a uniformed service who is receiv- client in making any claim relating to veter- with this section is— ing retired or retainer pay becomes a judge ans’ benefits against the United States or (1) the rate applicable to that judge under of the court, or becomes eligible therefor any agency thereof shall, pursuant to such section 7296(c)(1) of title 38, United States while a judge of the court, such retired or re- section, be considered to have declined recall Code, multiplied by tainer pay shall not be paid during the service and be removed from the status of a (2) the fraction (not in excess of 1) in judge’s regular active service on the court, recall-eligible judge. The pay of such a judge, which— but shall be resumed or commenced without pursuant to section 7296 of this title, shall be (A) the numerator is the sum of (i) the reduction upon retirement as a judge.’’. the pay of the judge at the time of the re- number of years of service of the judge as a SEC. 405. SURVIVOR ANNUITIES. moval from recall status. judge of the United States Court of Appeals (a) SURVIVING SPOUSE.—Subsection (a)(5) of ‘‘(b) A recall-eligible judge shall be consid- for Veterans Claims creditable under section section 7297 is amended by striking ‘‘two ered to be an officer or employee of the 7296 of such title, and (ii) the age of the years’’ and inserting ‘‘one year’’. United States, but only during periods when judge; and the judge is serving in recall status. Any pro- (b) ELECTION TO PARTICIPATE.—Subsection (B) the denominator is 80. (b) of such section is amended in the first hibition, limitation, or restriction that (h) ADJUSTMENTS IN RETIRED PAY FOR sentence by inserting before the period ‘‘or would otherwise apply to the activities of a JUDGES AVAILABLE FOR RECALL.—Subject to within six months after the date on which recall-eligible judge shall apply only during section 7296(f)(3)(B) of title 38, United States the judge marries if the judge has retired periods when the judge is serving in recall Code, an adjustment provided by law in an- under section 7296 of this title’’. status.’’. (b) CLERICAL AMENDMENT.—The table of nuities payable under civil service retire- (c) REDUCTION IN CONTRIBUTIONS.—Sub- sections at the beginning of such chapter is ment laws shall apply to retired pay under section (c) of such section is amended by amended by adding at the end the following this section in the case of a judge who is a striking ‘‘3.5 percent of the judge’s pay’’ and new item: recall-eligible retired judge under section inserting ‘‘that percentage of the judge’s pay 7257 of such title, or who was a recall-eligible that is the same as provided for the deduc- ‘‘7299. Limitation on activities of retired retired judge under that section and was re- tion from the salary or retirement salary of judges.’’. moved from recall status under subsection a judge of the United States Court of Federal SEC. 407. EARLY RETIREMENT AUTHORITY FOR CURRENT JUDGES IN ORDER TO (b)(4) of that section by reason of disability. Claims for the purpose of a survivor annuity PROVIDE FOR STAGGERED TERMS under section 376(b)(1)(B) of title 28’’. (i) DUTY OF ACTUARY.—Section 7298(e)(2) is OF JUDGES. amended— (d) INTEREST PAYMENTS.—Subsection (d) of (a) RETIREMENT AUTHORIZED.—One eligible (1) by redesignating subparagraph (C) as such section is amended— judge may retire in accordance with this sec- subparagraph (D); and (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and tion with respect to each year beginning in (2) by inserting after subparagraph (B) the (2) by adding at the end the following new 1999 and ending in 2003. paragraph: (b) ELIGIBLE JUDGES.—For purposes of this following new subparagraph: ‘‘(2) The interest required under the first section, an eligible judge is an associate ‘‘(C) For purposes of subparagraph (B), the sentence of paragraph (1) shall not be re- judge of the United States Court of Appeals term ‘present value’ includes a value deter- quired for any period— for Veterans Claims who— mined by an actuary with respect to a pay- ‘‘(A) during which a judge was separated (1) has at least 10 years of service cred- ment that may be made under subsection (b) from any service described in section itable under section 7296 of title 38, United from the retirement fund within the con- 376(d)(2) of title 28; and States Code; templation of law.’’.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5007 TITLE V—OTHER MATTERS ‘‘7733. Personnel. Federal Medical Care Recovery Act (42 SEC. 501. REPEAL OF CERTAIN SUNSET PROVI- ‘‘7734. Annual report to Congress.’’. U.S.C. 2651 et seq.). SIONS. (b) EFFECTIVE DATE.—Subchapter III of ‘‘(e) MEDICAL ADMINISTRATION AND MIS- chapter 77 of title 38, United States Code, as (a) ENHANCED LOAN ASSET SALE AUTHOR- CELLANEOUS OPERATING EXPENSES.—Funds added by subsection (a), shall take effect on ITY.—Section 3720(h) is amended— appropriated for Medical Administration and (1) by striking ‘‘(1)’’ after ‘‘(h)’’; and the later of October 1, 1999, or at the end of Miscellaneous Operating Expenses are avail- (2) by striking paragraph (2). the 60-day period beginning on the date of able for the following purposes: (b) PROCEDURES APPLICABLE TO LIQUIDA- the enactment of this Act. ‘‘(1) The administration of medical, hos- pital, nursing home, domiciliary, construc- TION SALES ON DEFAULTED HOME LOANS.— SEC. 503. EXTENSION OF ADVISORY COMMITTEE Section 3732(c) is amended by striking para- ON MINORITY VETERANS. tion, supply, and research activities author- graph (11). Section 544(e) is amended by striking ‘‘De- ized by law. cember 31, 1999’’ and inserting ‘‘December 31, ‘‘(2) Administrative expenses in support of (c) INCOME VERIFICATION AUTHORITY.—Sec- tion 5317(g) is repealed. 2004’’. planning, design, project management, ar- SEC. 504. CODIFICATION OF RECURRING PROVI- chitectural work, engineering, real property SEC. 502. ENHANCED QUALITY ASSURANCE PRO- SIONS IN ANNUAL DEPARTMENT OF acquisition and disposition, construction, GRAM WITHIN THE VETERANS BENE- VETERANS AFFAIRS APPROPRIA- FITS ADMINISTRATION. and renovation of any facility under the ju- TIONS ACTS. (a) IN GENERAL.—(1) Chapter 77 is amended risdiction or for the use of the Department, (a) CODIFICATION OF RECURRING PROVI- by adding at the end the following new sub- including site acquisition. SIONS.—(1) Section 313 is amended by adding chapter: ‘‘(3) Engineering and architectural activi- at the end the following new subsections: ties not charged to project costs. ‘‘SUBCHAPTER III—QUALITY ASSURANCE ‘‘(c) COMPENSATION AND PENSION.—Funds ‘‘(4) Research and development in building ‘‘§ 7731. Establishment appropriated for Compensation and Pensions construction technology. ‘‘(a) The Secretary shall carry out a qual- are available for the following purposes: ‘‘(f) GENERAL OPERATING EXPENSES.—Funds ity assurance program in the Veterans Bene- ‘‘(1) The payment of compensation benefits appropriated for General Operating Expenses fits Administration. The program may be to or on behalf of veterans as authorized by are available for the following purposes: carried out through a single quality assur- section 107 and chapters 11, 13, 51, 53, 55, and ‘‘(1) Uniforms or allowances therefor. ance division in the Administration or 61 of this title. ‘‘(2) Hire of passenger motor vehicles. through separate quality assurance entities ‘‘(2) Pension benefits to or on behalf of vet- ‘‘(3) Reimbursement of the General Serv- for each of the principal organizational ele- erans as authorized by chapters 15, 51, 53, 55, ices Administration for security guard serv- ments (known as ‘services’) of the Adminis- and 61 of this title and section 306 of the Vet- ices. tration. erans’ and Survivors’ Pension Improvement ‘‘(4) Reimbursement of the Department of ‘‘(b) The Secretary shall ensure that any Act of 1978. Defense for the cost of overseas employee quality assurance entity established and op- ‘‘(3) The payment of benefits as authorized mail. erated under subsection (a) is established under chapter 18 of this title. ‘‘(5) Administration of the Service Mem- and operated so as to meet generally applica- ‘‘(4) Burial benefits, emergency and other bers Occupational Conversion and Training ble governmental standards for independence officers’ retirement pay, adjusted-service Act of 1992 (10 U.S.C. 1143 note). and internal controls for the performance of credits and certificates, payments of pre- ‘‘(g) CONSTRUCTION.—Funds appropriated quality reviews of Government performance miums due on commercial life insurance for Construction, Major Projects, and for and results. policies guaranteed under the provisions of Construction, Minor Projects, are available, article IV of the Soldiers’ and Sailors’ Civil with respect to a project, for the following ‘‘§ 7732. Functions Relief Act of 1940 (50 U.S.C. App. 540 et seq.), purposes: ‘‘The Under Secretary for Benefits, acting and other benefits as authorized by sections ‘‘(1) Planning. through the quality assurance entities estab- 107, 1312, 1977, and 2106 and chapters 23, 51, 53, ‘‘(2) Architectural and engineering serv- lished under section 7731(a), shall on an on- 55, and 61 of this title and the World War Ad- ices. going basis perform and oversee quality re- justed Compensation Act (43 Stat. 122, 123), ‘‘(3) Maintenance or guarantee period serv- views of the functions of each of the prin- the Act of May 24, 1928 (Public Law No. 506 ices costs associated with equipment guaran- cipal organizational elements of the Veter- of the 70th Congress; 45 Stat. 735), and Public tees provided under the project. ans Benefits Administration. Law 87–875 (76 Stat. 1198). ‘‘(4) Services of claims analysts. ‘‘§ 7733. Personnel ‘‘(d) MEDICAL CARE.—Funds appropriated ‘‘(5) Offsite utility and storm drainage sys- ‘‘The Secretary shall ensure that the num- for Medical Care are available for the follow- tem construction costs. ber of full-time employees of the Veterans ing purposes: ‘‘(6) Site acquisition. Benefits Administration assigned to quality ‘‘(1) The maintenance and operation of hos- ‘‘(h) CONSTRUCTION, MINOR PROJECTS.—In addition to the purposes specified in sub- assurance functions under this subchapter is pitals, nursing homes, and domiciliary facili- section (g), funds appropriated for Construc- adequate to perform the quality assurance ties. tion, Minor Projects, are available for— functions for which they have responsibility. ‘‘(2) Furnishing, as authorized by law, in- patient and outpatient care and treatment ‘‘(1) repairs to any of the nonmedical fa- ‘‘§ 7734. Annual report to Congress to beneficiaries of the Department, including cilities under the jurisdiction or for the use ‘‘The Secretary shall include in the annual care and treatment in facilities not under of the Department which are necessary be- report to the Congress required by section the jurisdiction of the Department. cause of loss or damage caused by a natural 529 of this title a report on the quality assur- ‘‘(3) Furnishing recreational facilities, sup- disaster or catastrophe; and ance activities carried out under this sub- plies, and equipment. ‘‘(2) temporary measures necessary to pre- chapter. Each such report shall include— ‘‘(4) Funeral and burial expenses and other vent or to minimize further loss by such ‘‘(1) an appraisal of the quality of services expenses incidental to funeral and burial ex- causes.’’. provided by the Veterans Benefits Adminis- penses for beneficiaries receiving care from (2)(A) Chapter 1 is amended by adding at tration, including— the Department. the end the following new section: ‘‘(A) the number of decisions reviewed; ‘‘(5) Administrative expenses in support of ‘‘§ 116. Definition of cost of direct and guaran- ‘‘(B) a summary of the findings on the deci- planning, design, project management, real teed loans sions reviewed; property acquisition and disposition, con- ‘‘For the purpose of any provision of law ‘‘(C) the number of full-time equivalent struction, and renovation of any facility appropriating funds to the Department for employees assigned to quality assurance in under the jurisdiction or for the use of the the cost of direct or guaranteed loans, the each division or entity; Department. cost of any such loan, including the cost of ‘‘(D) specific documentation of compliance ‘‘(6) Oversight, engineering, and architec- modifying any such loan, shall be as defined with the standards for independence and in- tural activities not charged to project cost. in section 502 of the Congressional Budget ternal control required by section 7731(b) of ‘‘(7) Repairing, altering, improving, or pro- Act of 1974 (2 U.S.C. 661a).’’. this title; and viding facilities in the medical facilities and (B) The table of sections at the beginning ‘‘(E) actions taken to improve the quality homes under the jurisdiction of the Depart- of such chapter is amended by adding at the of services provided and the results obtained; ment, not otherwise provided for, either by end the following new item: ‘‘(2) information with respect to the accu- contact or by the hire of temporary employ- ‘‘116. Definition of cost of direct and guaran- racy of decisions, including trends in that in- ees and purchase of materials. teed loans.’’. formation; and ‘‘(8) Uniforms or uniform allowances, as (b) EFFECTIVE DATE.—Subsections (c) ‘‘(3) such other information as the Sec- authorized by sections 5901 and 5902 of title 5. through (h) of section 313 of title 38, United retary considers appropriate.’’. ‘‘(9) Aid to State homes, as authorized by States Code, as added by subsection (a)(1), (2) The table of sections at the beginning of section 1741 of this title. and section 116 of such title, as added by sub- section (a)(2), shall take effect with respect such chapter is amended by adding at the ‘‘(10) Administrative and legal expenses of to funds appropriated for fiscal year 2001. end the following new items: the Department for collecting and recover- ‘‘SUBCHAPTER III—QUALITY ASSURANCE ing amounts owed the Department as au- The SPEAKER pro tempore. Pursu- ‘‘7731. Establishment. thorized under chapter 17 of this title and ant to the rule, the gentleman from Ar- ‘‘7732. Functions. Public Law 87–693, popularly known as the izona (Mr. STUMP) and the gentleman

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5008 CONGRESSIONAL RECORD — HOUSE June 29, 1999 from Illinois (Mr. EVANS) each will con- country’s veterans. I also want to Section 301 includes the provisions of my trol 20 minutes. thank the gentleman from New York bill, H.R. 1603, the Selected Reserve Housing The Chair recognizes the gentleman (Mr. QUINN), the chairman of the Sub- Loan Fairness Act of 1999. This section would from Arizona (Mr. STUMP). committee on Benefits, and the gen- provide for permanent eligibility for veterans' GENERAL LEAVE tleman from California (Mr. FILNER) housing loans for members of the Selected Mr. STUMP. Mr. Speaker, I ask the ranking Democratic member of the Reserve who complete six years of service. unanimous consent that all Members subcommittee, for their hard work in Last year, Public Law 105±368 extended may have 5 legislative days within crafting this important legislation. Guard and Reserve eligibility for VA housing which to revise and extend their re- The Veterans Benefits Improvement loans, which was to expire this year, through marks and include extraneous material Act of 1999 is an excellent bill, provid- fiscal year 2003. on H.R. 2280. ing improvements to a number of vet- The Enlisted Association of the National The SPEAKER pro tempore. Is there erans benefit programs. I am very Guard of the United States pointed out, how- objection to the request of the gen- pleased some of the provisions in this ever, that this benefit cannot be used as a re- tleman from Arizona? bill are based on measures that I au- cruiting incentive because recruits must serve There was no objection. thored and introduced. H.R. 2280 is yet in the Selected Reserve for 6 years before (Mr. STUMP asked and was given another example of our ability to work they may participate in the VA housing loan permission to revise and extend his re- together in a bipartisan fashion to im- program. Under current law, a recruit enlisting marks.) prove the lives of America’s veterans today will not be eligible for a VA loan before Mr. STUMP. Mr. Speaker, I yield my- and their families. It deserves the sup- the authority for the loan expires. H.R. 1603, self such time as I may consume. port of every member of this body. I by making the home loan eligibility permanent, Mr. Speaker, H.R. 2280, the Veterans urge my colleagues to vote for this leg- will give the Selected Reserve the incentive Benefit Improvement Act of 1999, is an islation. they need to recruit ``the best and the bright- important bill that is strongly sup- Mr. Speaker, I rise in strong support of H.R. est.'' ported by veterans and their service or- 2280, as amended. Section 502 of H.R. 2280 is drawn from ganizations. It contains a list of provi- I thank the gentleman from Arizona, Mr. H.R. 1214 which I introduced to assure that sions affecting many benefit cat- STUMP, for his leadership on this important the Veterans Benefits Administration's (VBA) egories, including the cost of living ad- legislation and for his continuing efforts on be- internal quality assurance activities meet the justment for veterans receiving disabil- half of the Nation's veterans. recognized appropriate governmental stand- I also thank the gentleman from New York, ity compensation and their surviving ards for independence and internal control. Mr. QUINN, the chairman of the Subcommittee family members, improvements in the This measure requires VBA to have a quality on Benefits, and the gentleman from California benefits for surviving spouses of former assurance program which comports with gen- Mr. FILNER, the ranking Democratic member of prisoners of war and others receiving erally accepted government standards for per- the subcommittee, for their hard work in dependency and indemnity compensa- formance audits. crafting this important legislation. tion, and a significant increase in the Because of the fundamental importance of H.R. 2880, the Veterans Benefits Improve- authorization for the Veterans Home- accurate and effective claims processing and ments Act of 1999, provides improvements to less Reintegration Program at the De- a number of veterans benefit programs. In ad- adjudication by VA regional offices, and the partment of Labor. dition, it supports the timely construction of the need for effective oversight of regional office The bill also makes home loan eligi- World War II Memorial which will recognize claims processing and adjudication by the Vet- bility for members of the National the contributions made by all Americans to the erans' Benefits Administration (VBA), in July of Guard and Reserve components perma- war effort. This measure is deserving of the 1997, I requested the Government Accounting nent, as well as requiring the VA to support of every member of this body. Office (GAO) to review the quality assurance begin planning for four new national I am pleased several of the provisions in policies and practices of the VBA. On March cemeteries. this bill are based on measures I authored and 1, 1999, GAO issued its report which deter- Additionally, H.R. 2280 helps assure introduced. mined that further improvement is needed in that ground breaking for the World Section 104 of H.R. 2280 is taken from H.R. claims-processing accuracy. In particular, War II memorial can take place on 708. It will restore eligibility for CHAMP±VA GAO determined that VBA's quality assurance Veterans’ Day next year by expanding medical care, education benefits and home activities do not meet the standards for inde- the fund-raising authorities of the loan assistance to remarried surviving pendence and internal control. American Battle Monuments Commis- spouses who lost eligibility for these benefits While VBA has made some improvements sion. Mr. Speaker, we must complete upon remarriage and whose subsequent mar- by developing an accuracy measurement this World War II memorial as quickly riage has ended. During the 105th Congress, which focuses on VA's core benefit workÐrat- as possible. For those who have not legislation was enacted allowing for reinstate- ing claims for benefitsÐfurther improvements made a contribution to this very wor- ment of eligibility for dependency and indem- are needed in claims processing. In fiscal year thy project, I would urge them to do nity compensation (DIC) cash benefits after 2000, the VA will pay over $22 billion in mone- so. termination of the remarriage. The present tary benefits to veterans. Without a mandated Veterans of World War II are passing measure completes the restoration of eligibility program of quality assurance, which meets on at the astonishing rate of 1,000 a for all VA benefits to surviving spouses if the generally accepted governmental auditing day. We must not allow any further un- subsequent marriage is ended. standards for program performance audits, im- necessary delay in the memorial’s con- I am very pleased that section 211 of H.R. partial and independent oversight of the qual- struction schedule. Without this legis- 2280 includes the provisions of my bill, H.R. ity of claims adjudication decisions will not be lation, another half a million veterans 1476, the National Cemetery Act of 1999. This assured. could pass away before construction section would require the Secretary of Veter- With the establishment of independent over- even begins on our national tribute to ans Affairs to establish four new national sight of the quality of claims adjudication deci- their heroic deeds. It has already taken cemeteries, each of which would be estab- sions, veterans can have more confidence in longer to get the memorial project lished in an area of the country, determined by the decisions made by VA and the number of from inception to ground breaking the Secretary, to be most in need of cemetery claims which are remanded because of the than it did to win the war. I urge my space to serve veterans and their families. Al- poor quality of claims adjudication will be re- colleagues to support the passage of though VA statistics show that the demand for duced. With better initial decisions and fewer 2280 as amended, and reserve the bal- burial benefits will increase sharply in the near remands for re-adjudication, veterans will re- ance of my time. future, with interments increasing 42% from ceive a quicker and a more accurate re- Mr. EVANS. Mr. Speaker, I yield my- 1995 to 2010, the Administration's FY 2000 sponse. More claims will be adjudicated cor- self such time as I may consume. VA budget proposal did not include funding for rectly the first time. This will not occur over- Mr. Speaker, I rise in strong support additional national cemeteries. Unless new night, but without an independent oversight of of H.R. 2280, as amended. I want to cemeteries are established soon, however, VA the quality of claims adjudication decisions it thank the gentleman from Arizona will not be able to meet the need for burial may never exist. (Mr. STUMP) for his leadership on this services for veterans in several metropolitan H.R. 2280 is yet another example of our important piece of legislation and for areas of the country. In response to this situa- ability to work together in a bipartisan fashion his continuing efforts on behalf of this tion, I introduced H.R. 1476. to improve the lives of our Nation's veterans

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5009 and their families. I strongly support all provi- fiscal year 2000, and increase that heard, would be expedited and certain sions of H.R. 2280 and urge my colleagues to amount by $5 million per year, until it members of the Selected Reserve would approve this important legislation. finally tops out at $30 million in fiscal be permanently eligible for VA home Mr. Speaker, I reserve the balance of year 2004. I know of no group that loans. my time. wants to break the cycle of homeless- b 1430 Mr. STUMP. Mr. Speaker, I yield ness more than those who have worn such time as he may consume to the the uniform of our country. I am particularly pleased that the gentleman from New York (Mr. QUINN), Finally, Mr. Speaker, H.R. 2280 would legislation reauthorizes and increases the chairman of the Subcommittee on make improvements to the retirement funding for the Homeless Veterans’ Re- Benefits. and survivor annuity programs at the integration Program. Although this Mr. QUINN. Mr. Speaker, I thank the Court of Appeals for veterans claims. provision does not increase the pro- gentleman for yielding me this time. This is where our veterans see their gram funding as much or as quickly as Mr. Speaker, I am pleased to rise claims and their questions about their it would under the bill I introduced, today also in support of H.R. 2280, the benefits adjudicated. Our intent here is H.R. 1484, it is a very, very satisfactory bipartisan Veterans Benefits Improve- to encourage staggered retirements compromise. ment Act of 1999. The bill provides a since five of the remaining six original The graduated funding increase in- cost of living adjustment for disability appointees will be eligible for retire- cluded in this bill will enable the De- compensation, dependency and indem- ment within one 11 month period be- partment of Labor’s Veterans’ Employ- nity compensation, and other related ginning in 2004, and we would like to ment and Training Service to effec- benefits. The adjustment is computed try to make personnel policy affecting tively administer the program, and the using the same percentage increase as the judges of this court more consist- increased funding will give thousands given to all other Social Security re- ent with those of other Federal judges. of homeless veterans the assistance cipients. These provisions passed the House, of they need to reenter employment. In addition, the bill makes a number course, last year, but because the Sen- Let me also take a minute to thank of needed improvements to programs ate did not concur and act, they did the chairman of the Committee on serving veterans, some of which we not become law. Small Business, the gentleman from want to highlight briefly today during Mr. Speaker, I believe and others be- Missouri (Mr. TALENT), and the ranking the time we have on the floor. lieve that this is a very timely bill and Democrat on that committee, the gen- With respect to burial needs of veter- benefits many veterans. H.R. 2280 is the tlewoman from New York (Ms. VELAZ- ans, in addition to directing the Sec- result of a lot of hard work in a bipar- QUEZ), for bringing a later bill on the retary of Veterans Affairs to establish tisan fashion, for which I thank the floor today, H.R. 1568, the Veterans’ four badly needed new national ceme- members of the full committee, the Entrepreneurship and Small Business teries, the bill would require the Sec- gentleman from Arizona (Mr. STUMP) Development Act of 1999. The gen- retary to contract for an independent, and the ranking member, the gen- tleman from Missouri has worked hard comprehensive assessment of VA na- tleman from Illinois (Mr. EVANS), but I to craft this excellent bill, which is tional cemeteries, including the num- also want to specifically thank the similar to H.R. 366, the Veterans’ En- ber of cemeteries that will be needed members of our subcommittee. trepreneurship and Promotion Act, through the year 2020. First of all, the gentleman from Cali- which I have introduced in the last two The bill would also authorize the fornia (Mr. FILNER), the ranking mem- Congresses. H.R. 1568, which we will American Battle Monuments Commis- ber of the subcommittee, as well as the consider later, deserves the full support sion to borrow money from the Depart- gentleman from Arizona (Mr. of all Members of our House. ment of Treasury in order to begin con- HAYWORTH), the gentleman from Illi- In closing, the bill under consider- struction of the monument that the nois (Mr. LAHOOD), the gentleman from ation, H.R. 2280, is an excellent bill gentleman from Arizona (Mr. STUMP) Utah (Mr. HANSEN), the gentleman that will enhance the lives of millions just spoke about. It is time to remind from Nevada (Mr. GIBBONS), the gen- and millions of veterans and their fam- the American people as well as all the tleman from Texas (Mr. REYES), and ilies. I urge my colleagues to vote in veterans who served the country that the gentlewoman from Nevada (Ms. favor of the Veterans’ Benefits Im- they have raised over $57 million al- BERKLEY), all members of the sub- provement Act of 1999. ready for this effort. committee and hard workers when it Mr. STUMP. Mr. Speaker, I yield 3 Mr. Speaker, to me World War II vet- comes to our job. I appreciate and rec- minutes to the gentleman from Ari- erans and their generation, as Tom ognize those unique contributions of zona (Mr. HAYWORTH), a very valuable Brokaw has said, is, in fact, the great- all of our Members and urge my col- member of the Committee on Veterans’ est generation. One of the greatest leagues to support H.R. 2280. Affairs. forms of thanks America can give to Mr. EVERETT. Mr. Speaker, I yield 3 Mr. HAYWORTH. Mr. Speaker, I those veterans would be to build their minutes to the gentleman from Califor- thank my committee chairman and the memorial and to build it now. nia (Mr. Filner) dean of our delegation from Arizona for In other areas, H.R. 2280 would per- Mr. FILNER. Mr. Speaker, I thank yielding me this time; and, indeed, as I manently extend the Home Loan Pro- the gentleman for yielding me time. see him manage the time on our side of gram to former members of the Se- Mr. Speaker, as ranking Democrat on the aisle, I cannot help but note his lected Reserve and aggressively au- the Subcommittee on Benefits, I rise in record of service not only in this insti- thorize appropriations to the Depart- strong support of H.R. 2280, the Veter- tution but in wearing the uniform of ment of Labor for the Homeless Veter- ans Benefits Improvement Act of 1999. this country. He is far too modest and ans Reintegration Program. More spe- As the gentleman from New York (Mr. self-effacing to speak of his war record. cifically here, Mr. Speaker, we remind QUINN), the chairman of the sub- There was a job to be done and, as a all Americans and Members of the committee just indicated, we worked younger man, he stepped forward to do House that of all the homeless people closely together on development of this it. in this country, fully one-third, almost measure, which includes provisions of But, Mr. Speaker, our chairman 33 percent of those homeless people on bills introduced by Members from both bears living witness to the sacrifice of our streets, are veterans of wars for our sides of the aisle. This is the way the so many comrades in arms who fought country. legislative process ought to work, and in history’s largest war and, indeed, in H.R. 2280 aims to help many of our al- the real winners are America’s veter- our greatest struggle to preserve our most 300,000 homeless veterans find ans. constitutional republic. And for those jobs by authorizing a 5-year increase in The bill, as amended, includes many veterans and for those of us whom his- the Labor Department funding for this important provisions. Under this meas- tory has not called upon to sacrifice, competitively bid, nationwide commu- ure, the national cemetery system this legislation provides a suitable, nity-based employment program. It would be expanded and much needed common-sense way to fund and expe- would double the current authorization burial space provided. Construction of dite construction of a monument to re- for all such programs to $10 million in the World War II memorial, as we have member all veterans of World War II.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5010 CONGRESSIONAL RECORD — HOUSE June 29, 1999 It is perhaps a comment on Washing- I am very happy to suggest items Those eligible include the spouses and ton, Mr. Speaker, that, as our chair- that have already been mentioned here children of totally disabled veterans man very capably pointed out in pass- today: The cost of living adjustment and the survivors of veterans who died ing, it has taken longer to get to this estimated to be 2.4 percent to the rates as a result of service-connected inju- point in terms of funding this wonder- of disability compensation for veterans ries or illnesses. And I want to com- fully proposed monument than it took with service-connected disabilities; the mend the committee for undertaking for us to fight and win that war. Wash- expansion of the fund-raising authori- that portion of this measure. ington, Mr. Speaker, it seems, has a ties of the American Battle Monu- It also expands fund-raising authori- marvelous way of complicating mat- ments Commission to expedite the es- ties and authorizes $65 million in loans ters. We can step into the elevator here tablishment of the World War II memo- from the Treasury for the American that brings us to the floor and see 16 rial in our Nation’s capital. Battle Monuments Commission to has- rules for House elevator operators. And I might mention that one of our ten construction of the long overdue That, Mr. Speaker, when the Lord our premier actors, Tom Hanks, has been World War II memorial. In addition, it God only gave us Ten Commandments on a crusade in behalf of the World War authorizes $100 million for the Labor to follow. II memorial, and I hope that from the Department to administer the Home- So again we are trying to cut sunny hills of California that he under- less Veterans Reintegration Program. through what that wonderful acronym stands that his message is loud and That program uses community re- of that war brought us, a snafu. I will clear, that this is a salute overdue to sources to help our homeless veterans, not elaborate any further, Mr. Speaker, the 16 million Americans who answered and there are too many of them out noting the decorum of this floor, and the Nation’s call to duty in World War there this day. move to get this monument in fact cre- II, because, Mr. Speaker, fewer than 7 It also addresses a potential future ated and realized. million are alive today, and we lose But there is something else we problem for the Court of Veterans Ap- 1,000 more every day. peals beginning in the year 2004. Five should realize. No matter the conflict, This bill also makes eligible mem- of the six original appointees on this no matter the time when men and bers of the Reserves and National court are going to be eligible for retire- women have worn the uniform of our Guard who served at least 6 years eligi- ment, and this measure allows them to country, this legislation also provides ble for housing loans on a permanent continue. The goal of this provision is a much-needed cost of living adjust- basis. It authorizes $100 million in fis- to broaden effective measures to help ment for those veterans who have a cal years 2000 to 2004 to the Depart- reduce overall workloads and shorten service-related disability, for those ment of Labor for the Homeless Veter- the time veterans must wait for a deci- veterans who depend on those benefits. ans Reintegration Program and will sion on their appeals. Indeed, as our Constitution points out help homeless veterans find jobs in its beautiful preamble, we are to through increased funds for commu- Moreover, this measure makes per- provide for the common defense. But nity-based employment programs. manent the authority of the VA to with this legislation, a common-sense, I remember my chagrin when I saw guarantee home loans for our National well-crafted, bipartisan piece of work, on a national news program that the Guard and Reserve members. That au- we help to provide for those who have majority of the homelessness in this thority was previously set to expire in provided for our common defense. Nation is comprised by veterans. September of this year. I would ask my colleagues to support The bill also directs the Secretary of Mr. Speaker, I believe that this is a H.R. 2280 as amended. worthy piece of legislation, an appro- Mr. EVANS. Mr. Speaker, I yield 3 Veterans’ Affairs to establish four new priate response by this legislative body minutes to the gentlewoman from Indi- national cemeteries. Mr. Speaker, I would strongly urge to the sacrifices made by our Nation’s ana (Ms. CARSON). Ms. CARSON. Mr. Speaker, when we my colleagues on both sides of the aisle veterans and their families. were in school we would often sing, to support House Resolution 2280. Mr. EVANS. Mr. Speaker, I yield 3 ‘‘My country tis of thee, sweet land of Mr. STUMP. Mr. Speaker, I yield 2 minutes to the gentleman from Texas liberty, of thee I sing. Land where our minutes to the gentleman from New (Mr. REYES). fathers died, land of the pilgrim’s York (Mr. GILMAN), one of our World Mr. REYES. Mr. Speaker, I thank the pride,’’ and that is very appropriate, I War II veterans and the chairman of gentleman for yielding me this time; believe, for the consideration of H.R. the Committee on International Rela- and as a member of the Committee on 2280, the Veterans’ Benefit Improve- tions. Veterans’ Affairs, I am proud we are ment Act of 1999. Mr. GILMAN. Mr. Speaker, I thank considering today H.R. 2280, the Veter- I am very happy to be a member of the gentleman for yielding me this ans Benefits Improvement Act of 1999. time, and I rise in strong support of the Committee on Veterans’ Affairs, This bill is truly a product of our under the premier leadership of the H.R. 2280. I commend the distinguished committee chairman, the gentleman concerns and the input and concerns of gentleman from Arizona (Mr. STUMP) all the Members of this House, the VA, from Arizona (Mr. STUMP), for bringing and certainly the ranking member, the our veterans service organizations, and gentleman from Illinois (Mr. EVANS), this measure to the floor, and also the chairman of the Subcommittee on Ben- the rest of our committee. It improves when they deliberated on this piece of veterans benefits on many issues of legislation, even though it does not in- efits of the Committee on Veterans’ Af- fairs, the gentleman from New York vital importance to our veterans and clude everything that we would like to their families. see in behalf of our veterans. We have (Mr. QUINN), and the subcommittee sat there and saw that veterans’ pro- ranking member, the gentleman from Mr. Speaker, this bill recognizes the grams have been the bank that we have California (Mr. FILNER), for their work needs of our aging veterans; and we can been able to draw from to fund other on this measure. all be proud of this bill’s provisions programs, a bank capitalized with This measure authorizes a cost of liv- that provide for additional borrowing worthless currency and of broken ing adjustment for veterans who re- which gives authority for the World promises. This country promised our ceive disability compensation and de- War II memorial. This will expedite the veterans certain things when they of- pendency and indemnity compensation construction of this monument and fered themselves, their sacrifice, their to surviving spouses of prisoners of war allow for its completion. families, to preserve the freedom who received full disability at the time In addition, the bill will establish across this land. of death due to service-related injuries four new cemeteries and requires a So we have taken up the duty of and becomes effective in December of complete study to improve and enlarge looking after the needs of our veterans. this year. all of our existing national cemeteries. We must also realize that we have an It also restores CHAMPVA medical Our veterans deserve nothing less. And even more important duty that in- care, which is a Veterans’ Affairs they deserve to be buried with dignity volves teaching and preaching to make health benefits program that shares and honor, and their families deserve the whole Nation understand all that the cost of certain health care services to have the ability to pay their re- we owe to our veterans. and supplies for eligible beneficiaries. spects without any further sacrifices.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5011 I am also encouraged that this bill Specifically, Mr. Speaker, I direct On March 24, 1999, I introduced H.R. 1249, assists our homeless veterans by ex- the Members’ attention to the greater with the full support of the entire Georgia dele- panding upon the Homeless Veterans Atlanta metropolitan area in Georgia. gation, including Senators CLELAND and Reintegration Program. Too many of For 21 years, the national cemetery in COVERDELL. This legislation authorizes the our brave men and women are out on Marietta, Georgia, which is the only Secretary of Veterans Affairs to establish a the streets without shelter and without one in the greater Atlanta metropoli- national cemetery for veterans in the Atlanta, hope. This bill will expand the out- tan area, has been full; and over those Georgia metropolitan area. Today, with the ac- reach of this program. 21 years, Mr. Speaker, the population, tions of the House of Representatives, the vet- Let me also say that I am pleased both the veterans as well as the civil- erans in Georgia are a major step closer to that this bill improves benefits in a ian population of Atlanta and north- having a new national cemetery located in the number of other areas that reflects on west Georgia, has grown immensely. state. our Nation’s commitment to our veter- The population during 1980 to 1996 has The metropolitan Atlanta area has been at ans. A key provision of the bill will grown from 2 million people to well the top of the list for a new national cemetery provide permanent eligibility of our re- over 7.4 million in the greater Georgia for 21 years. During this time, the population servists who spend more than 6 years area, and in metropolitan Atlanta the of the Atlanta metropolitan area has under- and will qualify them for VA housing increases have been just as startling. gone dramatic change. According to the 1980 census, Georgia had a population of nearly benefits. Also, the bill expands eligi- b 1445 bility for surviving spouses of former five and a half million, over two million of As well, Mr. Speaker, the increases in POWs who are currently disqualified which resided within the metropolitan Atlanta our veterans population, which, as from receiving dependency and indem- area. By 1996, the population of Georgia had other speakers have mentioned today, nity compensation. increased two million, to nearly 7.4 million and is unfortunately aging, necessarily so. The bill, as has been mentioned this that of metropolitan Atlanta had exploded to It has increased dramatically. morning, will further provide for an- more than three and a half million. Included in Studies have shown, Mr. Speaker, this population, are 450,000 veterans in the nual cost of living allowances for those that families of loved ones who have veterans receiving this kind of com- metropolitan area, and 700,000 state-wide. veterans in their family who are enti- Clearly, the need for an easily accessible na- pensation. All of these provisions will tled to be buried in our national ceme- tional cemetery has increased significantly in enhance our commitment to our veter- teries will not travel long distances to the past several years. ans and their loved ones. a national cemetery. The studies have Studies in 1987 and 1994, both titled Report In addition, I am pleased we are con- indicated that the furthest that fami- on National Cemetery System in Regard to tinuing to work to recognize the cir- lies will be able or willing to go is Public Law 99±576 sec. (4.2), again reiterated cumstances of our atomic era veterans about 75 miles. There is no national the need for a new national cemetery in the through an additional presumption of cemetery anywhere near 75 miles from metro-Atlanta area. Presently, the National service-connected disability for a rare the Greater Atlanta Metropolitan area, Cemetery System ranks Atlanta as the num- form of cancer. Mr. Speaker. And that is why, with the ber one city in need of a national cemetery. Finally, Mr. Speaker, as a veteran tremendous increase in the veterans There are several reasons why this need has myself and someone that represents population, the tremendous increase in been recognized for the past 21 years. Data over 50,000 veterans in my district, I the population generally in west Geor- regarding veterans, as well as the rapidly can tell my colleagues that the delays gia, it is so essential that we have, as changing demographics of Atlanta and north and errors in the veterans’ benefits one of those cities, a new national cem- Georgia, create a compelling case for a new claims process are very frustrating. etery in Atlanta. There is plenty of facility to be created immediately. Since a con- The enhanced quality assurance pro- land in the area. sensus among Veterans Administration offi- gram set forth in this bill will help to I would urge certainly that this par- cials, veterans groups and politicians has address this very serious situation for ticular section of the bill, section 211, been reached, the next step is to choose the all our veterans. which moves us in that direction and most logical and cost-effective site for the Given the courage and the valor of which reflects legislation, H.R. 1249, project. our veterans and the sacrifices that that I introduced earlier this year with There are no open national cemeteries in have been made by them for our coun- the support of the entire Georgia Dele- the state of Georgia. Veterans residing in met- try, we owe them nothing less. I gation, including our two senators, ropolitan Atlanta, who desire to be interred in strongly support this legislation and Senators CLELAND and COVERDELL. It a national cemetery, must either go 298 miles urge my colleagues and the entire also reflects the needs and desires of to Beaufort, South Carolina; 128 miles to House to join in the passage of this the Georgia delegation. Chattanooga, Tennessee; or 100 miles to Fort comprehensive veterans legislation. So I would commend the gentleman Mitchell, Alabama. Studies have shown that Mr. STUMP. Mr. Speaker, I yield 3 from New York (Mr. QUINN), the chair- veterans and their families rarely choose to be minutes to the gentleman from Geor- man of the committee, and the ranking buried in national cemeteries more than 75 gia (Mr. BARR). member and others for moving this bill miles from their residence. It is also estab- (Mr. BARR of Georgia asked and was forward. I would urge its adoption and lished that surviving spouses visit the grave given permission to revise and extend would urge particular attention be paid sites of the deceased located farther than 75 his remarks.) and urge the Secretary of Veterans’ Af- miles from their home, much less frequently Mr. BARR of Georgia. Mr. Speaker, I fairs, Mr. West, to include Atlanta as than grave sites located closer. In this context, wish to thank the distinguished chair- one of those four areas. the three aforementioned cemeteries (South man and ranking member for their Mr. Speaker, I rise today in support of the Carolina, Tennessee and Alabama) clearly do work on behalf of our veterans and also Veterans' Benefits Improvement Act, H.R. not adequately serve the veteran population of thank the chairman of the subcommit- 2280. This legislation touches on a number of metropolitan Atlanta. tee, the gentleman from New York (Mr. issues important to the veterans community. Currently, there are national cemeteries QUINN), for the tremendous work that While, I support the provisions of the bill, I scheduled to open in the near future in Sara- he has done and continues to do, and want to take a moment to focus especially on toga, New York; Chicago, Illinois; Dallas, certainly as reflected in this bill, is Section 211. Texas; and Cleveland, Ohio. Two years ago, doing with regard to so many matters Section 211 directs the Secretary of Veter- a new cemetery opened in Tacoma, Washing- that affect our veterans. ans Affairs to establish, in accordance with ton near Seattle. Obviously, none of these I would like, Mr. Speaker, to address Chapter 24 of Title 38, United States Code, cemeteries are expected to alleviate the de- one particular aspect of this bill to national cemeteries in the four areas in the mand for new burial space in the southeastern which I would urge Members on both United States, which the Secretary determines United States. sides of the aisle to support, and that is to be most in need of such a cemetery to The growth in the number of veterans in section 211 regarding authorizing the serve the needs of veterans and their families. Georgia, has led to several trends that point to Secretary of Veterans’ Affairs to estab- I believe once the Secretary looks carefully, at an increased demand in burial space in na- lish a national cemetery in each of the this matter he will determine that a national tional cemeteries for the coming years. Cur- four areas of the country that he deems cemetery is a high priority for the Atlanta met- rently, the median age of World War II veter- most in need. ropolitan area in the state of Georgia. ans is more than 70 years. These veterans

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00017 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5012 CONGRESSIONAL RECORD — HOUSE June 29, 1999 are passing on at the rate of more than 1,000 lanta has become heavily developed, there the Nation that we enjoy prosperity per day (some 377,000 per year). This num- are numerous potential locations suitable for a and freedom today. ber will continue to increase; and when includ- new national cemetery. Mr. Speaker, our veterans willingly ing all vets, should peak at 620,000 per year Our nation has a sacred obligation to fulfill served to defend our Nation. They were by the year 2008. These same studies have the promises we made to our veterans when there when we needed them, and now shown that the years 2005 to 2015 will con- they agreed to risk and, in many cases, give we must be there when they need us. tinue to exhibit especially high mortality rates their lives to protect the freedoms we all enjoy. Mr. STUMP. Mr. Speaker, I yield my- among veterans. When factoring in peacetime One such commitment is a military burial in a self such time as I may consume. veterans of the post-Vietnam era as well as national cemetery. Establishing a national Mr. Speaker, I want to take this op- Gulf War veterans, mortality rates will continue cemetery in Georgia would provide veterans portunity to thank the gentleman from to remain high well into the next century, at and their accessibility and the recognition they Illinois (Mr. EVANS), the ranking mem- least until the year 2040. On average, ten per- deserve. This has been a long-awaited proc- ber on the Committee on Veterans’ Af- cent of the veteran population opts to be in- ess for Georgia veterans. These men and fairs, as well as the gentleman from terred in a national cemetery. Past experience women deserve a proper resting place in their New York, the chairman of the sub- has shown it takes approximately five to seven home state. committee, and the gentleman from years to construct one of these sites. There- I want to thank Committee Chairman STUMP California (Mr. FILNER) and the rest of fore, in considering the above statistics, it is and Ranking Democrat LANE EVANS, as well the members of the committee that have done such a great job in helping imperative that we immediately begin the proc- as Benefits Subcommittee Chairman JACK formulate this bill and bring it to the ess of establishing a national cemetery in met- QUINN for all their work on this very important ropolitan Atlanta in order to meet the current legislation. On behalf of all veterans, and es- floor. This is a bipartisan bill, and I urge and certainly the unavoidable demands in the pecially the veterans of the state of Georgia, everyone to support it. next decade. I ask my colleague to support this very impor- When choosing a location for a new national Mr. BEREUTER. Mr. Speaker, this Member tant legislation. wishes to add his strong support for H.R. cemetery, two factors must be addressed. Mr. QUINN. Mr. Speaker, if the gen- 2280, the Veterans' Benefits Improvement Act, First, it should be situated in an area that will tleman would yield, it is important to and would also commend the chairman and serve the greatest number of veterans. Sec- point out I think at this time that the ranking Member of the House Committee on ond, it must be cost-effective to taxpayers. As gentleman from Georgia (Mr. BARR) Veterans Affairs for bringing this important leg- noted previously, veterans tend to choose to has worked with the full committee be interred within 75 miles of their residence. islation to the House floor today. and the subcommittee to make sure This Member wishes to express his belief Atlanta's veteran population of 450,000 is the that this is brought to our attention. that even more attention needs to be paid to largest in the nation not served directly by a We appreciate his efforts all along the the needs of America's veterans; in fact, these national cemetery, and establishing a national way. essential benefits must be met to the fullest cemetery in or near a population center with a Mr. EVANS. Mr. Speaker, I have no extent possible. Veterans fought to protect our large amount of veterans is the best way to further requests for time, and I yield freedom and way of life. As they served our ensure that the facility will be utilized by veter- back the balance of my time. nation in a time of need, the Federal Govern- ans. (Instances where this was not done, indi- Mr. STUMP. Mr. Speaker, I yield 2 ment must remember them in their time of cate clearly that veterans and families will not minutes to the gentleman from Texas need. The people of the United States owe patronize a national cemetery located far from (Mr. SMITH). our veterans a great deal and should keep the a metropolitan area.) Mr. SMITH of Texas. Mr. Speaker, I promises made to them. When developing new cemeteries, the Na- thank the chairman of the Committee It is important to note some of the important tional Cemetery System is also aware of eco- on Veterans’ Affairs for yielding me provisions of this legislation, including a cost- nomics of scale. There are many factors, such the time. of-living adjustment for disability compensa- as land prices and availability that must be Mr. Speaker, I rise in strong support tion, permanent eligibility of housing loans, fur- considered, and those who administer the of H.R. 2280, the Veterans Benefit Im- ther authorization of payment of Dependency Cemetery System certainly try to buy larger provement Act. and Indemnity Compensation for surviving plots of land, which will serve for years to Veterans have sacrificed to defend spouses, provisions for homeless veterans, come. The cemeteries currently under devel- our Nation and have earned health care and recognizing the 100th anniversary of the opment are evidence of this, with Saratoga and other benefits through their serv- Veterans of Foreign Wars. having 273 acres, Chicago 980 acres, Dallas ice. They came forward when America While the veterans legislation appearing on 673 acres, Cleveland 250 acres and Tacoma needed them. Now Congress must con- the House floor today is commendable and 158 acres. These sized lots are able to ac- tinue to keep its promises to those who significant for our nation's veterans and their commodate the net burial acreage plus the served. families, it must also be noted that we must amount of additional land required for roads, H.R. 2280 keeps our promises to vet- continue to give veterans the benefits they easements, and drainage. The net burial acre- erans by increasing the Cost of Living need and deserve, including health benefits. age is arrived at by analyzing the demo- Adjustment to millions of disabled vet- As a greater number of veterans, especially graphic factors of the local veterans population erans. It also restores medical, edu- World War II veterans, are reaching the stage as well as recognizing the standard of 800 cational, and housing loans to surviv- in life where they need more health care, Con- burials per acre. In general, the net acreage is ing spouses who have remarried. gress must insure that there are adequate then doubled to determine the optimum size of Consideration of this legislation is funds and services available for these veter- the facility. These larger cemeteries not only timely since it helps to remind us to ans, and that the current Veterans Equity Re- meet the demand exerted by the local veter- commemorate the anniversary of the source Allocation (VERA) formula should be ans populations, they also prove to be more Veterans of Foreign Wars. For 100 changed since it is very unfair to sparsely set- cost-effective than smaller facilities. years, the VFW has been active not tled states like Nebraska, Wyoming, and the Consideration of the factors presented here only with veterans programs but also Dakotas. are paramount in the successful choice of a with a host of civic and volunteer ac- Mr. Speaker, this Member is committed to new location for a national cemetery. The first tivities. During 1997 and 1998, the VFW insuring that veterans receive the benefits they step in rectifying this current and anticipated and the Ladies Auxiliary contributed deserve; benefits they have been promised critical shortfall is to authorize the construction over 12 million hours of volunteer serv- and which the American people support. As of a new national cemetery in metropolitan At- ices and donated nearly $55 million to additional legislation appears before the lanta. With the passage of this bill today we various community service projects. House of Representatives, be assured that begin to move in that direction. We then need I would also like to single out the this Member will continue to support nec- to appropriate the funds, and begin construc- Heart O’ The Hills VFW Post in my dis- essary and meaningful veterans legislation. tion; which will likely take up to five years. trict in the Hill Country of Texas. It is Mr. EVERETT. Mr. Speaker, I rise in strong Time is of the essence. This commitment we one of the oldest and most active in the support of H.R. 2280, the Veterans' Benefits ask today will fulfill the promise to the veter- State. Two weeks ago, it celebrated its Improvement Act of 1999. The provisions of ans who have for 29 years been without rea- 84th anniversary. It is because of the this bill include: a disability compensation cost sonable access to a national cemetery. Even selfless dedication of the veterans in of living adjustment for fiscal year 2000; per- though land in the immediately vicinity of At- the Hill Country and veterans around manent housing loan eligibility for veterans

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00018 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5013 who have served in the selected reserve; ex- am particularly pleased this legislation in- tiously on this legislation and so that Joan panded authority to solicit and receive con- cludes the provisions of H.R. 690, legislation I McCarthy and the handful of widows around tributions for the World War II Memorial; and have introduced to add bronchiole-alveolar the United States who have lost their hus- increased funding for the reintegration of carcinoma to the VA's list of diseases that are bands to this cancer may finally receive the homeless veterans into the labor force. service-connected due to radiation exposure. I recognition and Disability and Indemnity Com- H.R. 2280 also incorporates provisions of testified on behalf of H.R. 690 before the pensation (DIC) benefits from the VA which H.R. 2040 that would direct the Secretary of House Veterans' Affairs Benefits Subcommit- they so rightly deserve. Veterans Affairs to build four new national tee just three weeks ago and I had the oppor- Mr. WEYGAND. Mr. Speaker, I rise in sup- cemeteries in areas of the country most in tunity recognize Joan McCarthy, a resident of port of the Veteran's Benefits Improvement need of such a cemetery. The bill also would New Jersey who first brought the need for this Act, HR 2280 and urge my colleagues to do require the VA to contract for a study to as- legislation to my attention ten years ago. the same. sess the one-time repairs needed at each na- This bill needs to be enacted as a matter of This bill will provide a cost-of-living adjust- tional cemetery and the feasibility of making fairness. The provisions of H.R. 690 included ment (COLA) for veterans with service con- standards of appearance of our national in today's bill essentially state that if you were nected disabilities, it will authorize $100 million cemeteries commensurate with the finest a veteran exposed to ionizing radiation in a to provide homeless veterans with job training, cemeteries in the world. government nuclear test, like those in Oper- and it will add a form of lung cancer to the list On May 20, 1999, the Veterans' Affairs Sub- ation Wigwam (a nuclear test in Pacific during of presumed to be service connected ill- committee on Oversight and Investigations, 1955), and you develop a rare form of lung nesses. All are steps in the right direction for which I chair, held a hearing that addressed cancer unrelated to smoking tobacco, our gov- veterans, all are steps we should be taking. planning for new national cemeteries and ernment will take care of you. Sadly, this is cemetery maintenance. Following the hearing, not the case today. For the families of veter- However, I take this opportunity to address the Subcommittee issued a report with rec- ans and for widows, like Joan McCarthy, the a very serious problem facing our veterans. ommendations for legislation requiring the VA enactment of H.R. 2280 is necessary to en- Funding for veterans' health care continues to to submit a cemetery construction plan and sure that America does not abandon those be cut. The FY 2000 budget allocation is identify locations for new national cemeteries, who suffered and died solely because of their $66.2 billion, which is $5.8 billion lower than based upon demographic priority. The Sub- selfless, faithful services in the United States the FY 1999 enacted levels. committee report also recommended increas- Armed Forces. Last month VISNI was on Capitol Hill updat- Joan's husband, Tom McCarthy, partici- ing the National Cemetery. Administration ing member offices on the financial status of pated in Operation Wigwam, a nuclear test on budget by $6 million for routine and deferred veterans' health care in the region. One glar- May 14, 1955 which involved a deep under- maintenance, and equipment needs. Finally, ing fact brought to light during these briefings water detonation of a 30-kiloton plutonium the report recommended increasing the budg- was that further cuts to the veterans health bomb in the Pacific Ocean, about 500 miles et for Arlington National Cemetery by $3 mil- care budget would mean a reduction in serv- Southwest of San Diego, California. ices for our veterans. It is time that we stop lion for construction and maintenance projects. Tom served as a navigator on the U.S.S. this downward trend and begin restoring the The Subcommittee's report gives strong sup- McKinley, one of the ships assigned to mon- necessary funds to provide our veterans with port to this legislation. itor the Operation Wigwam test. The detona- the quality health care they deserve. Mr. Speaker, America's national cemeteries tion of the nuclear weapon broke the surface are not adequate to serve the needs of veter- of the water, creating a giant wave and bath- Recently, I along with several of my col- ans over the next decade. The demand for ing the area with a radioactive mist. Govern- leagues, wrote to the Chairman and Ranking burial space in national cemeteries will be one ment reports produced by the Defense Nu- member of the VA/HUD and Independent of the greatest in the country's history as clear Agency indicate that the entire test area Agencies Appropriations Subcommittee asking World War II veterans reach the end of their was awash with the airborne toxins from the that they provide $1.2 billion above the current lives. Unless new national cemeteries are detonation. The spray from the explosion was budget resolution to address the medical crisis funded and planning for them begins soon, described in the official government reports as facing our veterans. I strongly urge my col- veterans in major population areas will be ef- an ``insidious hazard which turned into an in- leagues to do the same. fectively denied the final honor of burial in a visible radioactive aerosol.'' Tom spent four Mr. BILIRAKIS. Mr. Speaker, I rise in strong national cemetery. days in this environment while serving abroad support of H.R. 2280, the Veterans' Benefits Funding for maintenance of America's na- the U.S.S. McKinley. Improvement Act of 1999. In addition to pro- tional cemeteries, including Arlington National In April of 1981, at the age of 44, Tom viding veterans and their dependents with a Cemetery, is insufficient. Unless national McCarthy died of a rare form of lung cancer, cost-of-living adjustment (COLA), H.R. 2280 cemeteries receive increased funding for their bronchiolo-alveolar pulmonary carcinoma. This includes a bill that I introduced to assist the maintenance needs, necessary work will be is an important point, because Tom was a surviving spouses of certain former prisoners- deferred, and their appearance will not meet non-smoker, and this illness is a non-smoking of-war. Specifically, the provisions included in public expectations for these national shrines related lung cancer. Indeed, according to he H.R. 2280 will allow certain spouses of former as places of honor for the men and women American Cancer Society, 87% of all lung can- POWs to quality for survivor benefits. These who have defended our freedom. cers are related to smoking. On his deathbed, women might not otherwise be eligible for I would like to thank Mr. QUINN, chairman of Tom told Joan, his wife, about his involvement such benefits under current law. the Veterans' Affairs Subcommittee on Bene- in Operation Wigwam and wondered about the fits, for his cooperation regarding these very The Dependency and Indemnity Compensa- fate of the other men who were also stationed tion (DIC) program provides monthly benefits important issues for our veterans and for his on the U.S.S. McKinley and on the other ships to the survivors of veterans who die of serv- initiative in moving H.R. 2280 through his sub- in the area. ice-connected conditions. Under current law, committee. I would also like to commend As my colleagues on the committee will re- DIC payments may also be authorized for the Chairman STUMP of the full committee for his member, Congress passed H.R. 690 at the leadership on issues affecting national ceme- end of the 105th Congress. Unfortunately, our survivors of veterans whose deaths were not teries and for his authorship of this important Senate colleagues failed to take up this legis- the result of their service-connected disability. legislation. lation before Congress adjourned. However, I In this case, a spouse only qualifies for DIC This is bipartisan legislation, and I want to am happy to report that our former colleague benefits if the former POW was rated totally disabled for a period of 10 years or more im- recognize the active contributions in the for- on the committee. Senator TIM HUTCHINSON is mulation of H.R. 2280 by Mr. EVANS, the full sponsoring this legislation on the Senate side mediately preceding his death. committee's ranking Democrat; Mr. FILNER, the and believe that our early consideration of There are approximately 20 presumptive ranking Democrat on the Subcommittee on H.R. 690 in the House will help in his efforts service-connected conditions for former POWs Benefits; and Ms. BROWN, the ranking Demo- in the other chamber. The enactment of H.R. who were detained or interned for at least 30 crat on the Subcommittee on Oversight and 690 is long overdue and I would like to thank days. Unfortunately, some of these presump- Investigations. Chairman STUMP, Subcommittee Chairman tions have been in effect for less than 10 Mr. Speaker, I urge my colleagues to ap- QUINN, Ranking Member EVANS, as well as the years. This means that a spouse of a former prove this significant veterans legislation. other members of the committee have lent POW may not qualify for DIC benefits if the Mr. SMITH of New Jersey. Mr. Speaker, their support as cosponsors of H.R. 690. veteran dies of a non-service-connected con- today the House is considering H.R. 2280, the I urge my colleagues to vote in favor of H.R. dition before meeting the 10 year time require- Veterans' Benefits Improvement Act of 1999. I 2280 so that the Senate may move expedi- ment.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00019 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5014 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Even if a presumption has been in effect for I am also pleased that this bill addresses resolution (H.J. Res. 34) congratulating 10 or more years, many ex-POWs will not America's homeless veterans. The measure and commending the Veterans of For- have been rated as totally disabled for the authorizes $100 million over five years for the eign Wars. minimum period required at the time of their homeless veterans reintegration program. This The Clerk read as follows: deaths. This may occur for a variety of rea- provision will allow community based employ- H.J. RES. 34 sons. For example, the POW may not have ment programs that are working with our Whereas the organization now known as filed a disability claim as soon as the pre- homeless veterans to continue their work with- the Veterans of Foreign Wars of the United sumption was enacted, or it may have taken in the communities they serve. States was founded in Columbus, Ohio, on a while for his claim to be adjudicated. Alter- Mr. Speaker, I hope that all of my col- September 29, 1899; natively, the POW could have had a lower dis- leagues will join me in supporting this bill Whereas the VFW represents approxi- mately 2,000,000 veterans of the Armed ability rating that worsened over time. which continues our nation's efforts to honor This issue was first brought to my attention Forces who served overseas in World War I, the commitment it made to the veterans. World War II, Korea, Vietnam, the Persian by a very close friend of mine, Wayne Hitch- Mr. RODRIGUEZ. Mr. Speaker, I rise in Gulf War, and Bosnia; and cock. Wayne is the past National Commander strong support of H.R. 2280, the Veterans' Whereas the VFW has, for the past 100 of the American Ex-Prisoners of War and is Benefits Improvement Act of 1999. I commend years, provided voluntary and unselfish serv- now seriously ill. the Chairmen and Ranking Members of both ice to the Armed Forces and to veterans, After talking to Wayne, I introduced a bill to the Full Committee and the Benefits Sub- communities, States, and the Nation and has waive the 10-year time requirement for the committee for their work. This bill brings to- worked toward the betterment of veterans in surviving spouses of former POWs. H.R. 784, gether elements on benefits improvements general and society as a whole: Now, there- has received strong bipartisan support. To fore, be it from numerous bills. Resolved by the Senate and House of Rep- date, the bill has over 100 cosponsors, includ- It would give veterans a cost-of-living in- resentatives of the United States of America in ing 23 members of the Veterans' Affairs Com- crease expand eligibility for compensation and Congress assembled, That the Congress— mittee. I would like to thank full Committee survivor's benefits, and accelerate progress on (1) recognizes the historic significance of Chairman BOB STUMP and Ranking Minority the World War II Memorial. the 100th anniversary of the founding of the Member LANE EVANS, as well as Benefits Sub- In addition to the approximate 2.4% COLA, Veterans of Foreign Wars of the United committee Chairman and Ranking Minority this bill would improve the benefits claims for States (the VFW); Member, JACK QUINN and BOB FILNER, for their certain surviving spouses. This change is long (2) congratulates the VFW on achieving strong support of my legislation. overdue. that milestone; (3) commends the approximately 2,000,000 We all know that military service does not This bill would also enhance the oversight of take place in a vacuum. Many POWs experi- veterans who belong to the VFW and thanks the claims processing system. We have expe- them for their service to their fellow veter- ence unimaginable horrors. Today, many con- rienced long delays in Texas and throughout ans and the Nation; and tinue to experience prolonged battles with var- the country, and this bill takes steps at ad- (4) calls upon the President to issue a proc- ious illnesses and other disabilities. Con- dressing this problem: lamation recognizing the anniversary of the sequently, their spouses have spent years car- Enhancing the quality assurance program of VFW and the contributions made by the ing for them after their release from prisoner- the Veterans Benefits Administration; and VFW to veterans and the Nation and calling of-war camps. These women deserve DIC Requiring quality reviews at the Compensa- upon the people of the United States to ob- benefits. tion and Pension Service, the Education Serv- serve such anniversary with appropriate I am pleased that the House of Representa- ice, the Vocational Rehabilitation Service and ceremonies and activities. tives is acting on this important issue. I urge other programs. The SPEAKER pro tempore. Pursu- my colleagues to support H.R. 2280. It expands to members of Reserves and Na- ant to the rule, the gentleman from Ar- Ms. JACKSON-LEE of Texas. Mr. Speaker, tional Guard who served at least six years eli- izona (Mr. STUMP) and the gentleman I rise in support of H.R. 2280. This Veterans' gible for housing loans on a permanent basis. from Illinois (Mr. EVANS) each will con- Benefits Improvement Act of 1999, would give I look forward to these elements being in- trol 20 minutes. veterans a cost-of-living increase, expand eli- cluded in any package which is ultimately en- The Chair recognizes the gentleman gibility for compensation and survivor's bene- acted into law. from Arizona (Mr. STUMP). fits, and accelerate progress on the World War Mr. STUMP. Mr. Speaker, I have no GENERAL LEAVE II Memorial. This package contains a wide further questions for time, and I yield Mr. STUMP. Mr. Speaker, I ask range of proposals to improve veteran's bene- back the balance of my time. unanimous consent that all Members fits. The SPEAKER pro tempore (Mr. may have 5 legislative days within Some 1,646,700 veterans live in the state of PEASE). The question is on the motion which to revise and extend their re- Texas alone. It is through their unwavering de- offered by the gentleman from Arizona marks and to include extraneous mate- votion to duty and country that our nation has (Mr. STUMP) that the House suspend rial on H.J. Res. 34. come through two World Wars and numerous the rules and pass the bill, H.R. 2280, as The SPEAKER pro tempore. Is there costly struggles against the forces of aggres- amended. objection to the request of the gen- sion. American veterans have provided the The question was taken. tleman from Arizona? leadership, courage, and even their lives time Mr. STUMP. Mr. Speaker, on that I There was no objection. and time again. These genuine heroes have demand the yeas and nays. Mr. STUMP. Mr. Speaker, I yield my- often been ignored and denied their proper The yeas and nays were ordered. self such time as I may consume. place in America's melting pot. We need to re- The SPEAKER pro tempore. Pursu- (Mr. STUMP asked and was given member that America owes these men and ant to clause 8 of rule XX and the permission to revise and extend his re- women the best it can offer because they Chair’s prior announcement, further marks.) have given us the best they could when Amer- proceedings on this motion will be Mr. STUMP. Mr. Speaker, H.J.Res. 34 ica was in need. postponed. is a joint resolution congratulating and I am pleased that this bill will provide a cost f commending the Veterans of Foreign of living adjustment to the rates of disability Wars. compensation for veterans with service-con- SUNDRY MESSAGES FROM THE This year marks the VFW’s 100th an- nected disabilities and the rates of Depend- PRESIDENT niversary. The VFW consists of ap- ency and Indemnity Compensation. Sundry messages in writing from the proximately two million veterans of In addition, the bill addresses the burial President of the United States were the Armed Services who have served needs of veterans. It directs the Secretary of communicated to the House by Mr. overseas in World War I, World War II, Veterans Affairs to establish four new national Sherman Williams, one of his secretar- Korea, Vietnam, the Persian Gulf, and cemeteries. During a recent visit to Arlington ies. Bosnia. They have been very active in National Cemetery, I was moved by the beau- f community and civic affairs. ty and reference, which was reflected on this Some of their more notable accom- small hillside in Virginia. This bill will ensure CONGRATULATING AND COMMEND- plishments are, Mr. Speaker, hundreds that all of our veterans will receive the same ING VETERANS OF FOREIGN of thousands of volunteer work at VA compassionate treatment, which has already WARS hospitals, Veterans Services officers been shown to those soldiers who now rest in Mr. STUMP. Mr. Speaker, I move to helping other veterans with their bene- these grounds. suspend the rules and agree to the joint fits claimed each year, and the Voice of

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Democracy Scholarship program for from Arizona (Mr. STUMP), for bringing of my colleagues. They are outstanding high school students throughout the this important resolution to the floor advocates for veterans, veterans’ Nation. of the House at this time. issues, and the issues that concern vet- Mr. Speaker, I reserve the balance of I take great comfort whenever draw- erans’ families both here in Washing- my time. ing upon the origins of the VFW and ton and in the communities that they Mr. EVANS. Mr. Speaker, I yield my- what it has meant to the thousands of serve and literally communities self such time as I may consume. veterans throughout our Nation. As a throughout our country. Mr. Speaker, I am pleased to join veteran of World War II and a former Their forceful testimony before the with the gentleman from Arizona (Mr. VFW County Commander, I speak from Committees on Veterans’ Affairs each STUMP), the chairman of the commit- experience that the VFW is a monu- spring and throughout the year is an tee, in strong support of this resolution mental pillar on which all Americans extremely valuable and noteworthy that salutes the Veterans of Foreign can lean. It is a true symbol of our part of everything that we do for veter- Wars on the occasion of their centen- unity, our brotherhood, and a testa- ans on the Hill. Moreover, I welcome nial anniversary. Throughout its cen- ment to our soldiers’ finest hours. their visit to this Nation’s Capitol as tury of existence, the VFW has pro- Since its founding in September of an excellent opportunity for all of us vided 100 years of extraordinary service 1899, the VFW has grown to encompass here in Washington to obtain their to our veterans and their families. more than two million veterans. It has unique insights and to learn of their From the Buddy Poppy program to assisted veterans in obtaining State concerns as we work to maintain our Operation Uplink, the VFW, through and Federal entitlements, monitoring commitment to our veterans. its century-long history, has provided laws and pending legislation, and keep- In addition, the VFW makes a tre- support and assistance to men and ing our veterans up-to-speed on cur- mendous contribution towards protect- women who have proudly worn the uni- rent, pressing foreign issues. ing and enhancing veterans’ health form of the United States. Despite all this, the VFW does much care and benefits with their part in the In recognition of these and countless more. Each and every year, VFW mem- preparation of the ‘‘independent budg- other good works, the two million bers throughout the country are en- et’’ each and every year. This docu- members of the VFW are the epitome meshed in the activities of their com- ment is a benchmark in the formula- of the citizen-soldier upon whom this munities, lending a helping hand to tion of the annual veterans’ budget, Nation has and continues to rely. others, continuing to make a difference and I want to take this opportunity to I am proud to be a cosponsor of H.J. long after the wars of yesteryear. say how much all of us in Congress ap- Res. 34 and urge my colleagues to vote In some of my own posts in my dis- preciate the recommendations for- in favor of this measure. trict in New York State, they bring in warded through this document on their I am pleased to join with the Chairman of veterans from veterans’ hospitals and behalf. the Committee, the gentleman from Arizona, in entertain them at holiday time when Through every generation, the VFW strong support of H.J. Res. 34, a resolution many of their families are no longer has stood up for our men and women congratulating and commending the Veterans near them. They make a difference who have served overseas in defense of of Foreign Wars of the United States on the long after these wars of yesteryear. our Nation and for the basic principles occasion of their centennial anniversary. The VFW has sponsored both the Boy of freedom and liberty. Throughout its century of existence, the VFW Scouts of America as well as Special Finally, Mr. Speaker, let me say that has provided 100 years of extraordinary serv- Olympics, while also providing college a century of service, advocacy, and ice to veterans and their families. scholarships to our Nation’s young support on behalf of veterans is truly a From the Buddy Poppy program, estab- adults. Characterizing the organiza- milestone to commemorate. Let this lished in 1922 to raise funds for national veter- tion’s actions as anything less than ex- anniversary serve to remind us all of ans' service programs and to provide relief for emplary is simply an understatement. the contributions of our veterans and local veterans and their familiesÐto Oper- It is essential that we take time now never take for granted the sacrifices ational Uplink, established just three years ago to properly celebrate the impact of the made on behalf of liberty. to enable hospitalized veterans and VFW and the importance of this 100th I urge all my colleagues to join in servicemembers stationed around the globe to anniversary that they are celebrating. support of this bill and look forward to ``phone home''Ðthe VFW, throughout its cen- In honoring the veterans and their ulti- the quick passage and enactment into tury-long history, has provided support and as- mate display of patriotism by sacrific- law of this resolution recognizing the sistance to the men and women who have ing their lives to this great Nation, we VFW on their 100th anniversary. proudly worn the uniform of the United States. do ourselves justice by rejoicing all Mr. EVANS. Mr. Speaker, I have no The VFW should also be commended for that is good in humanity. The VFW de- further requests for time, and I yield the work its members have done in their com- serves our recognition and utmost re- back the balance of my time. munities across the country. The VFW Com- spect. It is a torch blazing America’s Mr. STUMP. Mr. Speaker, I yield my- munity Service Program, the Voice of Democ- path into the future, fueled by their self such time as I may consume. racy essay competition, the VFW Safety Pro- genuine courage and dignity. Mr. Speaker, I would like to take gram, and VFW-sponsored youth activities It is my deepest hope that this issue this time to thank the gentleman from have all contributed to the strength and stabil- receives the full support of all of our Illinois (Mr. EVANS) for his help in ity of our great country. colleagues, and I urge my colleagues to bringing this resolution to the floor in Mr. Speaker, I reserve the balance of see to it that the VFW is duly com- a speedy manner. my time. memorated on its 100th anniversary. Let me say, Mr. Speaker, that we Mr. STUMP. Mr. Speaker, I yield Mr. EVANS. Mr. Speaker, I yield 3 also owe another great debt of thanks such time as he may consume to the minutes to the gentleman from Texas to the VFW and their organization not gentleman from New York (Mr. GIL- (Mr. REYES). only for the fine work they do and MAN). Mr. REYES. Mr. Speaker, I thank the their patriotic activities, but last year Mr. GILMAN. Mr. Speaker, I thank gentleman for yielding me the time. they committed to raising $7.5 million the gentleman for yielding me the Mr. Speaker, I rise in support of this towards this World War II memorial. time. legislation congratulating and com- As most of my colleagues know, we Mr. Speaker, I rise to express my mending the Veterans of Foreign Wars have to have $100 million in the bank strong support for H.J.Res. 34 com- on their 100-year anniversary. before we can turn one shovelful of memorating the 100th anniversary of As a life member of the VFW and a dirt. And currently we stand at roughly the founding of the Veterans of Foreign proud member of the Northeast VFW $60 million. So, once again, I would Wars of the United States and direct- Post 2451 in El Paso, I can tell my col- urge those that have not contributed ing the President to issue an appro- leagues that the VFW is an outstand- to do so. priate proclamation recognizing the ing organization. The work that the Mr. FRELINGHUYSEN. I rise in support of centennial celebration. I thank the dis- VFW carries on on behalf of our Na- H.J. Res. 34, which commemorates the 100th tinguished chairman of the Veterans’ tion’s veterans is noteworthy and ex- Anniversary of the Veterans of Foreign Wars, Affairs Committee, the gentleman emplary, as has been cited by a number and honors the over 2 million men and women

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5016 CONGRESSIONAL RECORD — HOUSE June 29, 1999 who belong to this organization. I am pleased veterans have written much of the history of anniversary of the VFW, and calls upon the to be an original cosponsor of this legislation, the last hundred years. They have served this people of the United States to observe the an- and thank the gentleman from Arizona, Chair- nation without reservation or hesitation during niversary with appropriate ceremonies and man STUMP, for his leadership in bringing this its darker moments. celebrations. bill to the floor today. The VFW has honored this service by es- For those VFW members back home, and For 100 years, the Veterans of Foreign tablishing the first national veterans service of- to all 2 million VFW members across this Wars has been representing the interests of fice. This network provides assistance to vet- country, I offer a heartfelt congratulations, and the men and women of our armed forces who erans who need assistance in obtaining bene- thank you for your service to our nation. We have served our nation overseas. This group fits, which they deserve from their service to owe you our debt of gratitude. was founded in Columbus, Ohio on Septem- the nation. In addition, this network provides Mr. STUMP. Mr. Speaker, I have no ber 29th, 1899 by 13 decorated veterans who service to many homeless veterans by provid- further requests for time, and I yield fought in Cuba during the Spanish-American ing care and counseling. back the balance of my time. War. These men gathered not only to remem- In pausing to remember the contributions The SPEAKER pro tempore. The ber those killed during the War, but also to which the VFW has made to the nation and to question is on the motion offered by see what they could do for those who re- this nation's veterans, I am reminded of Presi- the gentleman from Arizona (Mr. mained. dent Lincoln's call ``to care for him who shall STUMP) that the House suspend the One hundred years later, the VFW has have borne the battle.'' I know that the VFW rules and agree to the joint resolution, maintained that commitment to helping their has answered this challenge with dedication H.J. Res. 34. fellow veterans, and many others in our local and tireless commitment to the 1,646,700 vet- The question was taken; and (two- communities. From 1997 to 1998, the VFW erans living in Texas and to all the veterans thirds having voted in favor thereof) and the Ladies Auxiliary devoted over 12 mil- across our nation. the rules were suspended and the joint lion hours to volunteer service, and donated Mr. Speaker, I ask all my colleagues to sup- resolution was agreed to. millions of dollars to various programs, includ- port H.J. Res. 34 and let us honor an organi- A motion to reconsider was laid on ing $2.7 million for college scholarships, $3 zation, which has made such a strong commit- the table. million for breast cancer research and over ment to our veterans. f $15 million through the ``Buddy Poppy'' pro- Mr. SMITH of New Jersey. Mr. Speaker, as b 1500 gram to help needy veterans. Vice Chairman of the House Committee on As a proud member of VFW Post 3401 in Veterans' Affairs, I rise today in support of VETERANS ENTREPRENEURSHIP Morris Plains, New Jersey, I am very familiar H.J. Res. 34, a resolution recognizing the AND SMALL BUSINESS DEVELOP- with the contributions of this post, and many 100th anniversary of the founding of the Veter- MENT ACT OF 1999 others across America, to their communities. I ans of Foreign Wars. It is a credit to the VFW Mr. TALENT. Mr. Speaker, I move to urge all my colleagues in joining me to pay that as they celebrate their centennial this suspend the rules and pass the bill tribute to these men and women who have year, they continue to be such a strong, suc- (H.R. 1568) to provide technical, finan- given so generously of themselves, both in cessful advocate and service provider for our cial, and procurement assistance to times of peace and in times of war. nation's heroes. veteran owned small businesses, and Ms. JACKSON-LEE of Texas. Mr. Speaker, In my own state of New Jersey, the role of for other purposes, as amended. I rise in support of H.J. Res. 34. This resolu- the VFW cannot be overstated. Their willing- The Clerk read as follows: tion recognizes the historic significance of the ness to speak out about the problems facing H.R. 1568 100th anniversary of the founding of the Veter- our veterans and bringing them to Congress' ans of Foreign Wars of the United States, and attention really helps the New Jersey Con- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in congratulates the VFW on achieving that mile- gressional delegation as it seeks to secure the Congress assembled, stone. funding needed for New Jersey's veterans. SECTION 1. SHORT TITLE. It is fitting that as we near the celebration of Having the insights, first hand knowledge, and This Act may be cited as the ‘‘Veterans our nation's birth that we pause and remem- research data of the VFW and its network of Entrepreneurship and Small Business Devel- ber the significant contribution, which the VFW members is critical to our efforts as we opment Act of 1999’’. has made to our nation. The VFW has be- prioritize federal programs in Congress and SEC. 2. TABLE OF CONTENTS. come a national force representing veterans work to give America's veterans the benefits Sec. 1. Short title. and their families, and in calling upon the gov- they earned. Sec. 2. Table of contents. ernment to maintain a strong national defense Since their founding in 1921, the VFW, with TITLE I—GENERAL PROVISIONS to prevent future wars. With over 100 years of a membership of 63,926 in my state alone, Sec. 101. Findings. experience the VFW has served the nation has successfully underscored the principles of Sec. 102. Purpose. and its veterans in numerous ways. love of country, sacrifice in the line of duty, Sec. 103. Definitions. The VFW has been and continues to be a and our collective responsibility as Americans TITLE II—VETERANS BUSINESS leader in supporting our troops. Whether in to ensure that our veterans and their depend- DEVELOPMENT Kosovo or in the heart of Texas the VFW has ents are never forgotten. Sec. 201. Veterans business development in supported those who serve our nation. Today, as we send our young men and the Small Business Administra- Through its use of letters, holiday cards, gift women in uniform to Kosovo, Haiti, Korea, tion. packages, USO shows, public rallies and with Bosnia, and the Persian Gulf, just to name a Sec. 202. National Veterans Business Devel- free phone cards the VFW has brought com- few places where the United States has sent opment Corporation. fort and a touch of home to our soldiers serv- our troops abroad, the VFW strives to ensure Sec. 203. Advisory Committee on Veterans Business Affairs. ing throughout the world. that they are fully supported while in the field, Perhaps its greatest contribution to the na- as well as when they return home. TITLE III—TECHNICAL ASSISTANCE tion is the recognition and remembrance of the Mr. Speaker, I ask my colleagues today to Sec. 301. SCORE program. hardships and sacrifices made in the nation's join with me in passing H.J. Res. 34, and I Sec. 302. Entrepreneurial assistance. defense. On the national level the VFW has Sec. 303. Business development and manage- congratulate the VFW on their anniversary. If ment assistance for military re- made contributions to the Vietnam Memorial, the next 100 years of service are as success- servists’ small businesses. the Korean War Veterans Memorial, the Viet- ful as the first 100 years, our future veterans TITLE IV—FINANCIAL ASSISTANCE nam Women's Memorial, and the Women in will be in good hands. Military Service for America Memorial. They Mr. RODRIGUEZ. Mr. Speaker, I take this Sec. 401. General business loan program. Sec. 402. Assistance to active duty military have been a major partner in the effort to opportunity to commend the Veterans of For- reservists. honor our veterans from World War II with eign Wars (VFW) on this, their 100th Anniver- Sec. 403. Microloan program. their own memorial on the national mall. sary. Sec. 404. Delta loan program. The VFW has closely heeded its motto, South Texas is home to several proud VFW Sec. 405. State development company pro- which is ``Honor the dead by helping the liv- chapters, making me especially proud to sup- gram. ing.'' The collective experience of our 25 mil- port the legislation and recognize the many TITLE V—PROCUREMENT ASSISTANCE lion living veterans encompass the turbulence accomplishments of the VFW. Sec. 501. Subcontracting. and progress America has experienced This resolution calls upon the President to Sec. 502. Participation in Federal procure- throughout the twentieth century. The nation's issue a proclamation recognizing the 100th ment.

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TITLE VI—REPORTS AND DATA ‘‘(3) SMALL BUSINESS CONCERN OWNED AND ‘‘(1) to expand the provision of and improve COLLECTION CONTROLLED BY VETERANS.—The term ‘small access to technical assistance regarding en- Sec. 601. Reporting requirements. business concern owned and controlled by trepreneurship for the Nation’s veterans; and Sec. 602. Report on small business and com- veterans’ means a small business concern— ‘‘(2) to assist veterans, including service- petition. ‘‘(A) not less than 51 percent of which is disabled veterans, with the formation and Sec. 603. Annual report of the Adminis- owned by 1 or more veterans or, in the case expansion of small business concerns by trator. of any publicly owned business, not less than working with and organizing public and pri- Sec. 604. Data and information collection. 51 percent of the stock of which is owned by vate resources, including those of the Small TITLE VII—MISCELLANEOUS 1 or more veterans; and Business Administration, the Department of PROVISIONS ‘‘(B) the management and daily business Veterans Affairs, the Department of Labor, operations of which are controlled by 1 or the Department of Commerce, the Depart- Sec. 701. Administrator’s order. more veterans. ment of Defense, the Service Corps of Re- Sec. 702. Small Business Administration Of- ‘‘(4) VETERAN.—The term ‘veteran’ has the tired Executives (described in section fice of Advocacy. Sec. 703. Study of fixed-asset small business meaning given the term in section 101(2) of 8(b)(1)(B) of this Act), the Small Business loans. title 38, United States Code.’’. Development Centers (described in section 21 (b) APPLICABILITY TO THIS ACT.—In this of this Act), and the business development TITLE I—GENERAL PROVISIONS Act, the definitions contained in section 3(q) staffs of each department and agency of the SEC. 101. FINDINGS. of the Small Business Act, as added by this United States. section, apply. Congress finds the following: ‘‘(c) BOARD OF DIRECTORS.— (1) Veterans of the United States Armed TITLE II—VETERANS BUSINESS ‘‘(1) IN GENERAL.—The management of the Forces have been and continue to be vital to DEVELOPMENT Corporation shall be vested in a Board of Di- the small business enterprises of the United SEC. 201. VETERANS BUSINESS DEVELOPMENT IN rectors composed of 9 voting members and 3 States. THE SMALL BUSINESS ADMINISTRA- nonvoting ex officio members. (2) In serving the United States, veterans TION. ‘‘(2) APPOINTMENT OF VOTING MEMBERS.— often faced great risks to preserve the Amer- (a) IN GENERAL.—Section 4(b)(1) of the The President shall appoint United States ican dream of freedom and prosperity. Small Business Act (15 U.S.C. 633(b)(1)) is citizens to be voting members of the Board (3) The United States has done too little to amended— of Directors as follows: assist veterans, particularly service-disabled (1) in the 5th sentence, by striking ‘‘four ‘‘(A) 1 from a list of individuals nominated veterans, in playing a greater role in the Associate Administrators’’ and inserting by the chairman of the Committee on Small economy of the United States by forming ‘‘five Associate Administrators’’; and Business of the House of Representatives. and expanding small business enterprises. (2) by inserting after the 5th sentence the ‘‘(B) 1 from a list of individuals nominated (4) Medical advances and new medical tech- following: ‘‘One such Associate Adminis- by the chairman of the Committee on Small nologies have made it possible for service- trator shall be the Associate Administrator Business of the Senate. disabled veterans to play a much more active for Veterans Business Development, who ‘‘(C) 1 from a list of individuals nominated role in the formation and expansion of small shall administer the Office of Veterans Busi- by the ranking minority member of the Com- business enterprises in the United States. ness Development established under section mittee on Small Business of the House of (5) The United States must provide addi- 32.’’. Representatives. (b) OFFICE OF VETERANS BUSINESS DEVEL- tional assistance and support to veterans to ‘‘(D) 1 from a list of individuals nominated OPMENT; ASSOCIATE ADMINISTRATOR.—The better equip them to form and expand small by the ranking minority members of the Small Business Act (15 U.S.C. 631 et seq.) is business enterprises, thereby enabling them Committee on Small Business of the Senate. further amended— to realize the American dream that they ‘‘(E) 1 from a list of individuals nominated (1) by redesignating section 32 as section fought to protect. by the chairman of the Committee on Veter- 34; and SEC. 102. PURPOSE. ans’ Affairs of the House of Representatives. (2) by inserting after section 31 the follow- The purpose of this Act is to expand exist- ‘‘(F) 1 from a list of individuals nominated ing: ing and establish new assistance programs by the chairman of the Committee on Veter- for veterans who own or operate small busi- ‘‘SEC. 32. VETERANS PROGRAMS. ans’ Affairs of the Senate. nesses. This Act accomplishes this purpose ‘‘(a) OFFICE OF VETERANS BUSINESS DEVEL- ‘‘(G) 1 from a list of individuals nominated OPMENT.—There is established in the Admin- by— by the ranking minority member of the Com- istration an Office of Veterans Business De- (1) expanding the eligibility for certain mittee on Veterans’ Affairs of the House of velopment, which shall be administered by small business assistance programs to in- Representatives. the Associate Administrator for Veterans clude veterans; ‘‘(H) 1 from a list of individuals nominated Business Development (in this section re- (2) directing certain departments and agen- the ranking minority member of the Com- ferred to as the ‘Associate Administrator’) cies of the United States to take actions mittee on Veterans’ Affairs of the Senate. appointed under section 4(b)(1). that enhance small business assistance to ‘‘(I) 1 of the President’s own choosing. ‘‘(b) ASSOCIATE ADMINISTRATOR FOR VETER- veterans; and ‘‘(3) EX OFFICIO MEMBERS.—The Adminis- ANS BUSINESS DEVELOPMENT.—The Associate (3) establishing new institutions to provide Administrator— trator of the Small Business Administration, small business assistance to veterans or to ‘‘(1) shall be an appointee in the Senior Ex- the Secretary of Defense, and the Secretary support the institutions that provide such ecutive Service; of Veterans Affairs shall serve as the nonvot- assistance. ‘‘(2) shall be responsible for the formula- ing ex officio members of the Board of Direc- SEC. 103. DEFINITIONS. tion, execution, and promotion of policies tors. (a) SMALL BUSINESS ACT.—Section 3 of the and programs of the Administration that ‘‘(4) CHAIRPERSON.—The members of the Small Business Act (15 U.S.C. 632) is amend- provide assistance to small business con- Board of Directors appointed under para- ed by adding at the end the following: cerns owned and controlled by veterans and graph (2) shall elect one such member to ‘‘(q) DEFINITIONS RELATING TO VETERANS.— small business concerns owned and con- serve as chairperson of the Board of Direc- In this Act, the following definitions apply: trolled by service-disabled veterans. The As- tors for a term of 2 years. ‘‘(1) SERVICE-DISABLED VETERAN.—The term sociate Administrator shall act as an om- ‘‘(5) TERMS OF APPOINTED MEMBERS.— ‘service-disabled veteran’ means a veteran budsman for full consideration of veterans in ‘‘(A) IN GENERAL.—Each member of the with a disability that is service-connected all programs of the Administration; and Board of Directors appointed under para- (as defined in section 101(16) of title 38, ‘‘(3) shall report to and be responsible di- graph (2) shall serve a term of 6 years, except United States Code). rectly to the Administrator.’’. as provided in subparagraph (B). ‘‘(2) SMALL BUSINESS CONCERN OWNED AND ‘‘(B) TERMS OF INITIAL APPOINTEES.—As SEC. 202. NATIONAL VETERANS BUSINESS DEVEL- CONTROLLED BY SERVICE-DISABLED VETER- OPMENT CORPORATION. designated by the President at the time of ANS.—The term ‘small business concern The Small Business Act (15 U.S.C. 631 et appointment, of the members first owned and controlled by service-disabled seq.) is further amended by adding after sec- appointed— veterans’ means a small business concern— tion 32 (as added by this Act) the following: ‘‘(i) 3 shall be for a term of 2 years; and ‘‘(A) not less than 51 percent of which is ‘‘SEC. 33. NATIONAL VETERANS BUSINESS DEVEL- ‘‘(ii) 3 shall be for a term of 4 years. owned by 1 or more service-disabled veterans OPMENT CORPORATION. ‘‘(C) UNEXPIRED TERMS.—Any member of or, in the case of any publicly owned busi- ‘‘(a) ESTABLISHMENT.—There is established the Board of Directors appointed to fill a va- ness, not less than 51 percent of the stock of a federally chartered corporation to be cancy occurring before the expiration of the which is owned by 1 or more service-disabled known as the National Veterans Business term for which the member’s predecessor veterans; and Development Corporation (in this section re- was appointed shall be appointed only for the ‘‘(B) the management and daily business ferred to as the ‘Corporation’) which shall be remainder of the term. A member may serve operations of which are controlled by 1 or incorporated under the laws of the District after the expiration of that member’s term more service-disabled veterans or, in the of Columbia and which shall have the powers until a successor has taken office. case of a veteran with permanent and severe granted in this section. ‘‘(6) VACANCIES.—Any vacancy on the disability, the spouse or permanent care- ‘‘(b) PURPOSES OF THE CORPORATION.—The Board of Directors shall be filled in the man- giver of such veteran. purposes of the Corporation shall be— ner in which the original appointment was

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made. In the case of a vacancy in the office ings regarding the efforts of Federal, State (1) IN GENERAL.—The Committee shall be of the Administrator of the Small Business and private organizations to assist veterans composed of 15 members, of whom— Administration or the Secretary of Veterans in the formation and expansion of small (A) 8 shall be veterans who are owners of Affairs, and pending the appointment of a business concerns. small business concerns (within the meaning successor, an acting appointee for such va- ‘‘(h) ASSUMPTION OF DUTIES OF ADVISORY of the term under section 3 of the Small cancy may serve as an ex officio member. COMMITTEE.—On October 1, 2004, the Corpora- Business Act (15 U.S.C. 632)); and ‘‘(7) INELIGIBILITY FOR OTHER OFFICES.—No tion established under this section shall as- (B) 7 shall be representatives of veterans voting member of the Board of Directors sume the duties, responsibilities, and author- organizations. may be an officer or employee of the United ity of the Advisory Committee on Veterans (2) APPOINTMENT.— States while serving as a member of the Affairs established under section 203 of this (A) IN GENERAL.—The members of the Com- Board of Directors or during the 2-year pe- Act. mittee shall be appointed by the Adminis- riod preceding such service. ‘‘(i) USE OF MAILS.—The Corporation may trator in accordance with this section. ‘‘(8) IMPARTIALITY AND NONDISCRIMINA- use the United States mails in the same (B) INITIAL APPOINTMENTS.—Not later than TION.—The Board of Directors shall admin- manner and under the same conditions as 90 days after the date of enactment of this ister the affairs of the Corporation fairly and the departments and agencies of the United Act, the Administrator shall appoint the ini- impartially and without discrimination. States. tial members of the Committee. ‘‘(j) PROFESSIONAL CERTIFICATION ADVISORY ‘‘(9) OBLIGATIONS AND EXPENSES.—The (3) POLITICAL AFFILIATION.—Not more than BOARD.— Board of Directors shall prescribe the man- 8 members of the Committee shall be of the ‘‘(1) IN GENERAL.—Acting through the ner in which the obligations of the Corpora- same political party as the President. Board of Directors, the Corporation shall es- tion may be incurred and in which its ex- (4) PROHIBITION ON FEDERAL EMPLOYMENT.— tablish a Professional Certification Advisory penses shall be allowed and paid. (A) IN GENERAL.—Except as provided in Board to create uniform guidelines and ‘‘(10) QUORUM.—5 voting members of the subsection (B), no member of the Committee standards for the professional certification Board of Directors shall constitute a may serve as an officer or employee of the of members of the Armed Services to aid in quorum, but a lesser number may hold hear- United States. their efficient and orderly transition to ci- ings. (B) EXCEPTION.—A member of the Commit- vilian occupations and professions and to re- ‘‘(d) CORPORATE POWERS.—On October 1, tee who accepts a position as an officer or move potential barriers in the areas of licen- 1999, the Corporation shall become a body employee of the United States after the date sure and certification. corporate and as such shall have the author- of the member’s appointment to the Com- ‘‘(2) MEMBERSHIP.—The members of the Ad- ity to do the following: mittee may continue to serve on the Com- visory Board shall serve without compensa- ‘‘(1) To adopt and use a corporate seal. mittee for not more than 30 days after such tion, shall meet in the District of Columbia ‘‘(2) To have succession until dissolved by acceptance. no less than quarterly, and shall be ap- an Act of Congress. (5) TERM OF SERVICE.— pointed by the Board of Directors as follows: ‘‘(3) To make contracts or grants. (A) IN GENERAL.—Subject to subparagraph ‘‘(A) PRIVATE SECTOR MEMBERS.—The Cor- ‘‘(4) To sue and be sued, and to file and de- (B), the term of service of each member of poration shall appoint not less than 7 mem- fend against lawsuits in State or Federal the Committee shall be 3 years. bers for terms of 2 years to represent private court. (B) TERMS OF INITIAL APPOINTEES.—As des- sector organizations and associations, in- ‘‘(5) To appoint, through the actions of its ignated by the Administrator at the time of cluding the American Association of Com- Board of Directors, officers and employees of appointment, of the members first munity Colleges, the Society for Human Re- the Corporation, to define their duties and appointed— source Managers, the Coalition for Profes- responsibilities, fix their compensations, and (i) 6 shall be appointed for a term of 4 sional Certification, the Council on Licen- to dismiss at will such officers or employees. years; and sure and Enforcement, and the American Le- ‘‘(6) To prescribe, through the actions of (ii) 5 shall be appointed for a term of 5 gion. its Board of Directors, bylaws not inconsist- years. ‘‘(B) PUBLIC SECTOR MEMBERS.—The Cor- ent with Federal law and the law of the (6) VACANCIES.—The Administrator shall poration shall invite public sector members State of incorporation, regulating the man- fill any vacancies on the membership of the to serve at the discretion of their depart- ner in which its general business may be con- Committee not later than 30 days after the ments or agencies and shall— ducted and the manner in which the privi- date on which such vacancy occurs. ‘‘(i) encourage the participation of the leges granted to it by law may be exercised. (7) CHAIRPERSON.— Under Secretary of Defense for Personnel ‘‘(7) To exercise, through the actions of its (A) IN GENERAL.—The members of the Com- and Readiness; Board of Directors or duly authorized offi- mittee shall elect one of the members to be ‘‘(ii) encourage the participation of 2 offi- cers, all powers specifically granted by the Chairperson of the Committee. cers from each branch of the Armed Forces provisions of this section, and such inciden- (B) VACANCIES IN OFFICE OF CHAIRPERSON.— to represent the Training Commands of their tal powers as shall be necessary. Any vacancy in the office of the Chairperson branch; and ‘‘(8) To solicit, receive, and disburse funds of the Committee shall be filled by the Com- ‘‘(iii) seek the participation and guidance from private, Federal, State and local orga- mittee at the first meeting of the Committee of the Assistant Secretary of Labor for Vet- nizations. following the date on which the vacancy oc- erans’ Employment and Training. ‘‘(9) To accept and employ or dispose of in curs. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— furtherance of the purposes of this section (c) DUTIES.—The duties of the Committee any money or property, real, personal, or ‘‘(1) IN GENERAL.—There are authorized to be appropriated to the Corporation to carry shall be the following: mixed, tangible or intangible, received by (1) Review, coordinate, and monitor plans gift, devise, bequest, or otherwise. out this section the following amounts: ‘‘(A) $2,000,000 for fiscal year 2000; and programs developed in the public and ‘‘(10) To accept voluntary and uncompen- private sectors, that affect the ability of sated services. ‘‘(B) $4,000,000 for fiscal year 2001; ‘‘(C) $4,000,000 for fiscal year 2002; and small business concerns owned and con- ‘‘(e) CORPORATE FUNDS.— trolled by veterans to obtain capital and ‘‘(1) DEPOSIT OF FUNDS.—The Board of Di- ‘‘(D) $2,000,000 for fiscal year 2003. ‘‘(2) PRIVATIZATION.—The Corporation shall credit and to access markets. rectors shall deposit all funds of the Corpora- (2) Promote the collection of business in- tion in federally chartered and insured de- institute and implement a plan to raise pri- vate funds and become a self-sustaining cor- formation and survey data as they relate to pository institutions until such funds are veterans and small business concerns owned disbursed under paragraph (2). poration.’’. SEC. 203. ADVISORY COMMITTEE ON VETERANS and controlled by veterans. ‘‘(2) DISBURSEMENT OF FUNDS.—Funds of (3) Monitor and promote plans, programs, the Corporation may be disbursed only for BUSINESS AFFAIRS. (a) IN GENERAL.—There is established an and operations of the departments and agen- purposes that are— cies of the United States that may contrib- ‘‘(A) approved by the Board of Directors by advisory committee to be known as the ‘‘Ad- visory Committee on Veterans Business Af- ute to the formation and growth of small a recorded vote with a quorum present; and business concerns owned and controlled by ‘‘(B) in accordance with the purposes of the fairs’’ (in this section referred to as the ‘‘Committee’’), which shall serve as an inde- veterans. Corporation as specified in subsection (b). (4) Develop and promote initiatives, poli- ‘‘(f) NETWORK OF INFORMATION AND ASSIST- pendent source of advice and policy rec- cies, programs, and plans designed to foster ANCE CENTERS.—In carrying out the purpose ommendations to— described in subsection (b), the Corporation (1) the Administrator of the Small Busi- small business concerns owned and con- shall establish and maintain a network of in- ness Administration (in this section referred trolled by veterans. formation and assistance centers for use by to as the ‘‘Administrator’’); (5) In cooperation with the National Veter- veterans and the public. (2) the Associate Administrator for Veter- ans Business Development Corporation, de- ‘‘(g) ANNUAL REPORT.—On or before Octo- ans Business Development of the Small Busi- velop a comprehensive plan, to be updated ber 1 of each year, the Board of Directors ness Administration; annually, for joint public-private sector ef- shall transmit a report to the President and (3) Congress; forts to facilitate growth and development of Congress describing the activities and ac- (4) the President; and small business concerns owned and con- complishments of the Corporation for the (5) other United States policymakers. trolled by veterans. preceding year and the Corporation’s find- (b) MEMBERSHIP.— (d) POWERS.—

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(1) HEARINGS.—Subject to subsection (e), Administrator under section 4(b)(2)(B) of the ation Allied Force and for 120 days there- the Committee may hold such hearings, sit Small Business Act (15 U.S.C. 633(b)(2)(B)). after, the Administration shall enhance its and act at such times and places, take such (b) RESOURCES.—The Administrator shall publicity of the availability of assistance testimony, and receive such evidence as the provide to SCORE such resources as the Ad- provided pursuant to the amendment made Committee considers advisable to carry out ministrator determines necessary for SCORE by this section, including information re- its duties. to carry out the requirements of the memo- garding the appropriate local office at which (2) INFORMATION FROM FEDERAL AGENCIES.— randum of understanding specified in para- affected small businesses may seek such as- Upon request of the Chairperson of the Com- graph (1). sistance. mittee, the head of any department or agen- SEC. 302. ENTREPRENEURIAL ASSISTANCE. (c) GUIDELINES.—Not later than 30 days cy of the United States shall furnish such in- Not later than 180 days after the date of after the date of enactment of this section, formation to the Committee as the Commit- enactment of this Act, the Secretary of Vet- the Administrator of the Small Business Ad- tee considers to be necessary to carry out its erans Affairs, the Administrator of the ministration shall issue such guidelines as duties. Small Business Administration, and the head the Administrator determines to be nec- (3) USE OF MAILS.—The Committee may use of the association formed pursuant to sec- essary to carry out this section and the the United States mails in the same manner tion 21(a)(3)(A) of the Small Business Act (15 amendment made by this section. U.S.C. 648(a)(3)(A)) shall enter into a memo- and under the same conditions as other de- TITLE IV—FINANCIAL ASSISTANCE partments and agencies of the United States. randum of understanding with respect to en- trepreneurial assistance to veterans, includ- SEC. 401. GENERAL BUSINESS LOAN PROGRAM. (4) GIFTS.—The Committee may accept, (a) DEFINITION OF HANDICAPPED INDIVID- use, and dispose of gifts or donations of serv- ing service-disabled veterans, through Small UAL.—Section 3(f) of the Small Business Act ices or property. Business Development Centers (described in section 21 of the Small Business Act (15 (15 U.S.C. 632(f)) is amended to read as fol- (e) MEETINGS.— U.S.C. 648)) and facilities of the Department lows: (1) IN GENERAL.—The Committee shall of Veterans Affairs. Such assistance shall in- ‘‘(f) For purposes of section 7 of this Act, meet, not less than three times per year, at clude the following: the term ‘handicapped individual’ means an the call of the Chairperson or at the request (1) Conducting of studies and research, and individual— of the Administrator. the distribution of information generated by ‘‘(1) who has a physical, mental, or emo- (2) LOCATION.—Each meeting of the full such studies and research, on the formation, tional impairment, defect, ailment, disease, Committee shall be held at the headquarters management, financing, marketing, and op- or disability of a permanent nature which in of the Small Business Administration lo- eration of small business concerns by veter- any way limits the selection of any type of cated in Washington, District of Columbia. ans. employment for which the person would oth- The Administrator shall provide suitable (2) Provision of training and counseling to erwise be qualified or qualifiable; or meeting facilities and such administrative veterans concerning the formation, manage- ‘‘(2) who is a service-disabled veteran.’’. support as may be necessary for each full ment, financing, marketing, and operation of (b) AUTHORIZATION TO MAKE LOANS.—Sec- meeting of the Committee. small business concerns. tion 7(a)(10) of the Small Business Act (15 (3) TASK GROUPS.—The Committee may, (3) Provision of management and technical U.S.C. 636(a)(10)) is amended— from time to time, establish temporary task assistance to the owners and operators of (1) by inserting ‘‘guaranteed’’ after ‘‘pro- groups as may be necessary in order to carry small business concerns regarding inter- vide’’; and out its duties. national markets, the promotion of exports, (2) by inserting, ‘‘, including service-dis- (f) COMPENSATION AND EXPENSES.— and the transfer of technology. abled veterans,’’ after ‘‘handicapped individ- (1) NO COMPENSATION.—Members of the (4) Provision of assistance and information ual’’. Committee shall serve without compensa- to veterans regarding procurement opportu- SEC. 402. ASSISTANCE TO ACTIVE DUTY MILI- tion for their service to the Committee. nities with Federal, State, and local agen- TARY RESERVISTS. (2) EXPENSES.—The members of the Com- cies, especially such agencies funded in (a) REPAYMENT DEFERRAL FOR ACTIVE DUTY mittee shall be reimbursed for travel and whole or in part with Federal funds. RESERVISTS.—Section 7 of the Small Busi- subsistence expenses in accordance with sec- (5) Establishment of an information clear- ness Act (15 U.S.C. 636) is amended by adding tion 5703 of title 5, United States Code. inghouse to collect and distribute informa- at the end the following: (g) REPORT.—Not later than 30 days after tion, including by electronic means, on the ‘‘(n) REPAYMENT DEFERRED FOR ACTIVE the end of each fiscal year beginning after assistance programs of Federal, State, and DUTY RESERVISTS.— the date of enactment of this section, the local governments, and of the private sector, ‘‘(1) DEFINITIONS.—In this subsection: Committee shall transmit to Congress and including information on office locations, ‘‘(A) ELIGIBLE RESERVIST.—The term ‘eligi- the President a report describing the activi- key personnel, telephone numbers, mail and ble reservist’ means a member of a reserve ties of the Committee and any recommenda- electronic addresses, and contracting and component of the Armed Forces ordered to tions developed by the Committee for the subcontracting opportunities. active duty during a period of military con- promotion of small business concerns owned (6) Provision of Internet or other distance flict. and controlled by veterans. learning academic instruction for veterans ‘‘(B) ESSENTIAL EMPLOYEE.—The term ‘es- (h) TERMINATION.—The Committee shall in business subjects, including accounting, sential employee’ means an individual who is terminate its business on September 30, 2004. marketing, and business fundamentals. employed by a small business concern and TITLE III—TECHNICAL ASSISTANCE (7) Compilation of a list of small business whose managerial or technical expertise is SEC. 301. SCORE PROGRAM. concerns owned and controlled by service- critical to the successful day-to-day oper- (a) IN GENERAL.—The Administrator of the disabled veterans that provide products or ations of that small business concern. Small Business Administration shall enter services that could be procured by the ‘‘(C) PERIOD OF MILITARY CONFLICT.—The into a memorandum of understanding with United States and delivery of such list to term ‘period of military conflict’ means— the Service Core of Retired Executives (de- each department and agency of the United ‘‘(i) a period of war declared by Congress; scribed in section 8(b)(1)(B) of the Small States. Such list shall be delivered in hard ‘‘(ii) a period of national emergency de- Business Act (15 U.S.C. 637(b)(1)(B)) and in copy and electronic form and shall include clared by Congress or by the President; or this section referred to as ‘‘SCORE’’) to pro- the name and address of each such small ‘‘(iii) a period of a contingency operation, vide for the following: business concern and the products or serv- as defined in section 101(a) of title 10, United (1) The appointment by SCORE in its na- ices that it provides. States Code. tional office of an individual to act as Na- SEC. 303. BUSINESS DEVELOPMENT AND MAN- ‘‘(D) QUALIFIED BORROWER.—The term tional Veterans Business Coordinator, whose AGEMENT ASSISTANCE FOR MILI- ‘qualified borrower’ means— duties shall relate exclusively to veterans TARY RESERVISTS’ SMALL BUSI- ‘‘(i) an individual who is an eligible reserv- business matters, and who shall be respon- NESSES. ist and who received a direct loan under sub- (a) IN GENERAL.—Section 8 of the Small sible for the establishment and administra- section (a) or (b) before being ordered to ac- Business Act (15 U.S.C. 637) is amended by tion of a program to coordinate counseling tive duty; or adding at the end the following: and training regarding entrepreneurship to ‘‘(ii) a small business concern that received ‘‘(l) MANAGEMENT ASSISTANCE FOR SMALL veterans through the chapters of SCORE a direct loan under subsection (a) or (b) be- BUSINESSES AFFECTED BY MILITARY OPER- throughout the United States. ATIONS.—The Administration shall utilize, as fore an eligible reservist, who is an essential (2) The assistance of SCORE in the estab- appropriate, its entrepreneurial development employee, was ordered to active duty. lishing and maintaining a toll-free telephone and management assistance programs, in- ‘‘(2) DEFERRAL OF DIRECT LOANS.— number and an Internet website to provide cluding programs involving State or private ‘‘(A) IN GENERAL.—The Administration access for veterans to information about the sector partners, to provide business counsel- shall, upon written request, defer repayment counseling and training regarding entrepre- ing and training to any small business con- of principal and interest due on a direct loan neurship available to veterans through cern adversely affected by the deployment of made under subsection (a) or (b), if such loan SCORE. units of the Armed Forces of the United was incurred by a qualified borrower. (3) The collection of statistics concerning States in support of a period of military con- ‘‘(B) PERIOD OF DEFERRAL.—The period of services provided by SCORE to veterans, in- flict (as defined in section 7(n)(1)).’’. deferral for repayment under this paragraph cluding service-disabled veterans, for inclu- (b) ENHANCED PUBLICITY DURING OPERATION shall begin on the date on which the eligible sion in each annual report published by the ALLIED FORCE.—For the duration of Oper- reservist is ordered to active duty and shall

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5020 CONGRESSIONAL RECORD — HOUSE June 29, 1999 terminate on the date that is 180 days after ‘‘(E) No loan may be made under this para- place it appears in the first and second sen- the date such eligible reservist is discharged graph, either directly or in cooperation with tences. or released from active duty. banks or other lending institutions through (2) Subparagraphs (E) and (F) of such ‘‘(C) INTEREST RATE REDUCTION DURING DE- agreements to participate on an immediate clause are redesignated as subparagraphs (F) FERRAL.—Notwithstanding any other provi- or deferred basis, if the total amount out- and (G), respectively, and the following new sion of law, during the period of deferral de- standing and committed to the borrower subparagraph is inserted after subparagraph scribed in subparagraph (B), the Administra- under this subsection would exceed $1,500,000, (D) of such clause: tion may, in its discretion, reduce the inter- unless such applicant constitutes a major ‘‘(E) The term ‘small business concern est rate on any loan qualifying for a deferral source of employment in its surrounding owned and controlled by veterans’ shall under this paragraph. area, as determined by the Administration, mean a small business concern— ‘‘(3) DEFERRAL OF LOAN GUARANTEES AND in which case the Administration, in its dis- ‘‘(i) which is at least 51 per centum owned OTHER FINANCINGS.—The Administration cretion, may waive the $1,500,000 limitation. by one or more eligible veterans; or, in the shall— ‘‘(F) For purposes of assistance under this case of any publicly owned business, at least ‘‘(A) encourage intermediaries participat- paragraph, no declaration of a disaster area 51 per centum of the stock of which is owned ing in the program under subsection (m) to shall be required.’’. by one or more veterans; and defer repayment of a loan made with pro- (c) ENHANCED PUBLICITY DURING OPERATION ‘‘(ii) whose management and daily business ceeds made available under that subsection, ALLIED FORCE.—For the duration of Oper- operations are controlled by such veterans. if such loan was incurred by a small business ation Allied Force and for 120 days there- The contractor shall treat as veterans all in- concern that is eligible to apply for assist- after, the Administration shall enhance its dividuals who are veterans within the mean- ance under subsection (b)(3); and publicity of the availability of assistance ing of the term under section 3(q) of the ‘‘(B) not later than 30 days after the date of provided pursuant to the amendments made Small Business Act.’’. enactment of this subsection, establish by this section, including information re- (3) Subparagraph (F) of such clause, as re- guidelines to— garding the appropriate local office at which designated by paragraph (2) of this sub- ‘‘(i) encourage lenders and other inter- affected small businesses may seek such as- section, is amended by inserting ‘‘small busi- mediaries to defer repayment of, or provide sistance. ness concern owned and controlled by veter- other relief relating to, loan guarantees (d) GUIDELINES.—Not later than 30 days ans,’’ after ‘‘small business concern,’’ the under subsection (a) and financings under after the date of enactment of this section, first place it appears. section 504 of the Small Business Investment the Administrator of the Small Business Ad- (c) CONFORMING AMENDMENTS.—Section 8(d) Act of 1958 that were incurred by small busi- ministration shall issue such guidelines as of the Small Business Act (15 U.S.C. 637(d)) is ness concerns that are eligible to apply for the Administrator determines to be nec- further amended by inserting ‘‘small busi- assistance under subsection (b)(3), and loan essary to carry out this section and the ness concerns owned and controlled by veter- guarantees provided under subsection (m) if amendments made by this section. ans,’’ after ‘‘small business concerns,’’ the the intermediary provides relief to a small first place it appears in paragraphs (4)(D), (e) EFFECTIVE DATES.— business concern under this paragraph; and (4)(E), (6)(A), (6)(C), (6)(F), and (10)(B). (1) IN GENERAL.—Except as provided in ‘‘(ii) implement a program to provide for paragraph (2), the amendments made by this SEC. 502. PARTICIPATION IN FEDERAL PROCURE- MENT. the deferral of repayment or other relief to section shall take effect on the date of the any intermediary providing relief to a small (a) GOVERNMENT-WIDE PARTICIPATION enactment of this section. business borrower under this paragraph.’’. GOALS.—Subsection (g)(1) of section 15 of the (2) DISASTER LOANS.—The amendments (b) DISASTER LOAN ASSISTANCE FOR MILI- Small Business Act (15 U.S.C. 644) is made by subsection (b) shall apply to eco- TARY RESERVISTS’ SMALL BUSINESSES.—Sec- amended— tion 7(b) of the Small Business Act (15 U.S.C. nomic injury suffered or likely to be suffered (1) in the first sentence, by inserting 636(b)) is amended by inserting after the un- as the result of a period of military conflict ‘‘small business concerns owned and con- designated paragraph that begins with ‘‘Pro- occurring or ending on or after March 24, trolled by service disabled veterans,’’ after vided, That no loan’’, the following: 1999. ‘‘small business concerns,’’ the first place it ‘‘(3)(A) In this paragraph— SEC. 403. MICROLOAN PROGRAM. appears; ‘‘(i) the term ‘essential employee’ means Section 7(m)(1)(A)(i) of the Small Business (2) by inserting after the second sentence, an individual who is employed by a small Act (15 U.S.C. 636(m)(1)(A)(i)) is amended by the following: ‘‘The Government-wide goal business concern and whose managerial or inserting ‘‘veteran (within the meaning of for participation by small business concerns technical expertise is critical to the success- such term under section 3(q)),’’ after ‘‘low-in- owned and controlled by service-disabled ful day-to-day operations of that small busi- come,’’. veterans shall be established at not less than ness concern; SEC. 404. DELTA LOAN PROGRAM. 5 percent of the total value of all prime con- ‘‘(ii) the term ‘period of military conflict’ Section 7(a)(21)(A) Small Business Act (15 tract and subcontract awards for each fiscal has the meaning given the term in sub- U.S.C. 636(a)(21)(A)) is amended in subclause year.’’; and section (n)(1); and (ii) by inserting ‘‘or a veteran’’ after ‘‘quali- (3) in the second to last sentence, by in- ‘‘(iii) the term ‘substantial economic in- fied individual’’. serting ‘‘small business concerns owned and jury’ means an economic harm to a business SEC. 405. STATE DEVELOPMENT COMPANY PRO- controlled by service-disabled veterans,’’ concern that results in the inability of the GRAM. after ‘‘small business concerns,’’ the first business concern— Section 501(d)(3) of the Small Business In- place it appears. ‘‘(I) to meet its obligations as they mature; vestment Act (15 U.S.C. 695(d)(3)) is (b) AGENCY PARTICIPATION GOALS.—Sub- ‘‘(II) to pay its ordinary and necessary op- amended— section (g)(2) of section 15 of the Small Busi- erating expenses; or (1) by redesignating subparagraphs (E), (F), ness Act (15 U.S.C. 644) is amended— ‘‘(III) to market, produce, or provide a and (G) as subparagraphs (F), (G), and (H), (1) in the first sentence, by inserting ‘‘by product or service ordinarily marketed, pro- respectively; and small business concerns owned and con- duced, or provided by the business concern. (2) by inserting after subparagraph (D) the trolled by service-disabled veterans,’’ after ‘‘(B) The Administration may make such following: ‘‘small business concerns,’’; the first place it disaster loans (either directly or in coopera- ‘‘(E) expansion of small business concerns appears; tion with banks or other lending institutions owned and controlled by veterans, as defined (2) in the second sentence, by inserting through agreements to participate on an im- in section 3(q) of the Small Business Act (15 ‘‘small business concerns owned and con- mediate or deferred basis) to assist a small U.S.C. 632(q)), especially service-disabled vet- trolled by service-disabled veterans,’’ after business concern that has suffered or that is erans, as defined in such section 3(q),’’. ‘‘small business concerns,’’ the first place it likely to suffer substantial economic injury appears; and as the result of an essential employee of such TITLE V—PROCUREMENT ASSISTANCE (3) in the fourth sentence, by inserting small business concern being ordered to ac- SEC. 501. SUBCONTRACTING. ‘‘small business concerns owned and con- tive military duty during a period of mili- (a) STATEMENT OF POLICY.—Section 8(d)(1) trolled by service-disabled veterans, by’’ tary conflict. of the Small Business Act (15 U.S.C. 637(d)(1)) after ‘‘including participation by’’. ‘‘(C) A small business concern described in is amended by inserting ‘‘small business con- TITLE VI—REPORTS AND DATA subparagraph (B) shall be eligible to apply cerns owned and controlled by service-dis- COLLECTION for assistance under this paragraph during abled veterans,’’ after ‘‘small business con- SEC. 601. REPORTING REQUIREMENTS. the period beginning on the date on which cerns,’’ the first place it appears in the first (a) REPORTS TO SMALL BUSINESS ADMINIS- the essential employee is ordered to active and second sentences. TRATION.—Subsection (h)(1) of section 15 of duty and ending on the date that is 90 days (b) CONTRACT CLAUSE.—The contract clause the Small Business Act (15 U.S.C. 644) is after the date on which such essential em- specified in section 8(d)(3) of the Small Busi- amended by inserting ‘‘small business con- ployee is discharged or released from active ness Act (15 U.S.C. 637(d)(3)) is amended as cerns owned and controlled by veterans (in- duty. follows: cluding service-disabled veterans),’’ after ‘‘(D) Any loan or guarantee extended pur- (1) Subparagraph (A) of such clause is ‘‘small business concerns,’’ the first place it suant to this paragraph shall be made at the amended by inserting ‘‘small business con- appears. same interest rate as economic injury loans cerns owned and controlled by veterans,’’ (b) REPORTS TO THE PRESIDENT AND CON- under paragraph (2). after ‘‘small business concerns,’’ the first GRESS.—Subsection (h)(2) of section 15 of the

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5021 Small Business Act (15 U.S.C. 644) is veterans, including service-disabled veter- (B) Information regarding the delinquency amended— ans, seeking to employ themselves by form- rates, default rates, length of time required (1) by inserting ‘‘and Congress’’ before the ing or expanding small business concerns. for recovery after default, for fixed-asset period at the end of first sentence; and The memorandum of understanding shall in- business loans, of a size and duration com- (2) in subparagraphs (A), (D), and (E), by clude recommendations for expanding exist- parable to those contemplated under sub- inserting ‘‘small business concerns owned ing programs or establishing new programs section (a), made available in the private and controlled by service-disabled veterans,’’ to provide such services or assistance to such market or under section 503 of the Small after ‘‘small business concerns,’’ the first veterans. Business Investment Act. place it appears. TITLE VII—MISCELLANEOUS PROVISIONS The SPEAKER pro tempore (Mr. SEC. 602. REPORT ON SMALL BUSINESS AND COM- SEC. 701. ADMINISTRATOR’S ORDER. PEASE). Pursuant to the rule, the gen- PETITION. The Administrator of the Small Business tleman from Missouri (Mr. TALENT) Section 303(e) of the Small Business Eco- Administration shall strengthen and reissue and the gentlewoman from New York nomic Policy Act of 1980 (15 U.S.C. 631b(e)) is the Administrator’s order regarding the 3d amended— sentence of section 4(b)(1) of the Small Busi- (Mrs. MCCARTHY) each will control 20 (1) in paragraph (1), by striking ‘‘and’’ ness Act (15 U.S.C. 633(b)(1)), relating to non- minutes. after the semicolon; discrimination and special considerations for The Chair recognizes the gentleman (2) in paragraph (2), by striking the period veterans, and take all necessary steps to en- from Missouri (Mr. TALENT). at the end and inserting ‘‘; and’’; and sure that its provisions are fully and vigor- Mr. TALENT. Mr. Speaker, I yield (3) by adding at the end the following: ously implemented. myself such time as I may consume. ‘‘(3) small business concerns owned and SEC. 702. SMALL BUSINESS ADMINISTRATION OF- Mr. Speaker, in November 1998, the controlled by veterans, as defined in section FICE OF ADVOCACY. Small Business Administration’s Vet- 3(q) of the Small Business Act (15 U.S.C. Section 202 of Public Law 94–305 (15 U.S.C. 634b) is amended— erans Affairs Task Force for Entrepre- 632(q)), and small business concerns owned neurship filed its report. The task force and controlled by service-disabled veterans, (1) in paragraph (10), by striking ‘‘and’’ at as defined in such section 3(q).’’. the end; examined all SBA programs, including SEC. 603. ANNUAL REPORT OF THE ADMINIS- (2) in paragraph (11), by striking the period business development, education and TRATOR. at the end and inserting ‘‘; and’’; and training, financial assistance, govern- The Administrator of the Small Business (3) by adding at the end the following: ment contracting and advocacy to de- Administration shall transmit annually to ‘‘(12) evaluate the efforts of each depart- termine ways to improve SBA’s ability the Committees on Small Business and Vet- ment and agency of the United States, and of to assist veterans. The task force iden- erans Affairs of the House of Representatives private industry, to assist small business concerns owned and controlled by veterans, tified certain high priority rec- and the Senate a report on the needs of small ommendations. It is the purpose of this business concerns owned and controlled by as defined in section 3(q) of the Small Busi- veterans and small business concerns owned ness Act (15 U.S.C. 632(q)), and small business bill, H.R. 1568, to implement those high and controlled by service-disabled veterans, concerns owned and controlled by serviced- priority recommendations. which shall include information on— disabled veterans, as defined in such section First, the task force recommended 3(q), and to provide statistical information (1) the availability of Small Business Ad- guaranteed loan opportunities. H.R. on the utilization of such programs by such ministration programs for such small busi- 1568 makes veterans eligible for funds small business concerns, and to make appro- ness concerns and the degree of utilization of priate recommendations to the Adminis- under the microloan, Delta Loan and such programs by such small business con- trator of the Small Business Administration State Development Company pro- cerns during the preceding 12-month period, and to Congress in order to promote the es- grams. This enables veterans to access including statistical information on such tablishment and growth of those small busi- capital markets currently available to utilization as compared to the small business ness concerns.’’. community as a whole; women, low-income, minority entre- (2) the percentage and dollar value of Fed- SEC. 703. STUDY OF FIXED-ASSET SMALL BUSI- preneurs and other business owners NESS LOANS. eral contracts awarded to such small busi- possessing the capability to operate (a) IN GENERAL.—The Comptroller General ness concerns during the preceding 12-month shall conduct a study on whether there successful business concerns. period; and would exist any additional risk or cost to the Second, the task force identified an (3) proposals to improve the access of such United States if— outreach program to assist disabled small business concerns to the assistance (1) up to 10 percent of the loans guaranteed veterans in business training and man- made available by the United States. under chapter 37 of title 38, United States agement assistance. H.R. 1568 amends SEC. 604. DATA AND INFORMATION COLLECTION. Code, were made for the acquisition or con- the Small Business Development Act (a) INFORMATION ON FEDERAL PROCUREMENT struction of fixed assets used in a trade or to require the Secretary of Veterans PRACTICES.—The Administrator of the Small business rather than for the construction or Affairs, the Administrator of the Small Business Administration shall, for each fis- purchase of residential buildings; and cal year— (2) such loans for acquisition or construc- Business Administration and the small (1) collect information concerning the pro- tion of fixed assets were for a term of not business development center associa- curement practices and procedures of each more than 10 years and the terms regarding tions to train all veterans, including department and agency of the United States eligibility, loan limits, interest, fees, and disabled veterans, in business training having procurement authority; down payment were the same as for other and management assistance, procure- (2) publish and disseminate such informa- loans guaranteed under such chapter. ment opportunities and other business tion to procurement officers in all Federal (b) REPORT.— areas. agencies; and (1) IN GENERAL.—Not later than 180 days Third, the task force urged a veter- (3) make such information available to any after the enactment of this Act, the Comp- small business concern requesting such in- troller General shall transmit the report de- ans company or corporation to address formation. scribed in subsection (a) to the Committees veterans small business issues. The (b) IDENTIFICATION OF SMALL BUSINESS CON- on Veterans’ Affairs and the Committees on Veterans Entrepreneurship and Small CERNS OWNED BY ELIGIBLE VETERANS.—Each Small Business of the House of Representa- Business Development Act creates the fiscal year, the Secretary of Veterans Affairs tives and the Senate. National Veterans Business Develop- shall, in consultation with the Assistant (2) CONTENTS OF REPORT.—The report re- ment Corporation. This corporation Secretary of Labor for Veterans’ Employ- quired by paragraph (1) shall specifically ad- will coordinate private and public re- ment and Training and the Administrator of dress the following: sources from Federal organizations, for the Small Business Administration, identify (A) With respect to the change in the vet- small business concerns owned and con- erans’ housing loan program contemplated example, the SBA and the Department trolled by veterans in the United States. The under subsection (a): of Veterans Affairs, to establish and Secretary shall inform each small business (i) The increase or decrease in administra- maintain a network of information and concern identified under this paragraph that tive costs to the Department of Veterans Af- assistance centers for use by veterans information on Federal procurement is fairs. and the public. H.R. 1568 requires the available from the Administrator. (ii) The increase or decrease in the degree National Veterans Business Develop- (c) SELF-EMPLOYMENT OPPORTUNITIES.— of exposure of the United States as the guar- ment Corporation to become self-sus- The Secretary of Labor, the Secretary of antor of the loans. taining by eliminating the corpora- Veterans Affairs, and the Administrator of (iii) The increase or decrease in the Fed- the Small Business Administration shall eral subsidy rate that would be possible. tion’s minimal Federal funding in 4 enter into a memorandum of understanding (iv) Any increase in the interest rate or years. to provide for coordination of vocational re- fees charged to the borrower or lender that Fourth, the task force sought a regu- habilitation services, technical and manage- would be required to maintain present pro- lation classifying veteran-owned busi- rial assistance, and financial assistance to gram costs. nesses as a socially and economically

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5022 CONGRESSIONAL RECORD — HOUSE June 29, 1999 disadvantaged business group. Rather become the backbone of our economy in our Armed Forces. If we do not keep than a regulation, H.R. 1568 affords vet- and continue to provide invaluable our promises to veterans, we suffer eran-owned small businesses an oppor- services. Currently, out of a total busi- more than shame and dishonor. How tunity to compete on the same level ness population of 23.2 million, 5.5 mil- this Nation treats our veterans di- with small business concerns owned lion are owned or operated by veterans. rectly impacts the lives and the fami- and controlled by socially and eco- The district I represent on Long Is- lies of veterans and those currently on nomically disadvantaged individuals. land, New York, is dependent on the active duty. It also affects our ability Finally, Mr. Speaker, I want to success of veteran-owned small busi- to recruit capable men and women to thank the gentleman from Illinois (Mr. nesses. Although a number of programs serve in the future. PHELPS) for offering his amendment exist at the Small Business Adminis- It is ironic that SBA would have had which guarantees that reservists in dif- tration to provide assistance, many are such a shameful record when entre- ferent businesses, say, plumbing, elec- not targeted at veterans. preneurial assistance to veterans dates trician or contractor small business One obvious concern involves the back to World War II and is one of the owners who are called to active duty, lack of centralized resources from great success stories of the Federal guarantees them the ability to access which veterans can obtain information Government under the GI bill. This loans to keep the business afloat while on programs and capital specifically current bill is all about keeping prom- the reservist/small business owner created for them. This legislation ises. H.R. 1568 incorporates the rec- serves our country. Mr. Speaker, the would create an Office of Veterans ommendations from that May 20 hear- law already protects employees called Business Development and an associate ing. It is a good bill. It is a bill that I to active duty as it should. Thanks to administrator within the SBA to pro- hope will help restore the faith of our this amendment, it will soon provide mote veteran opportunities. In addi- veterans. some protection to the small business tion, it calls for the creation of an Ad- Mrs. MCCARTHY of New York. Mr. owner. visory Committee on Veterans Busi- Speaker, I yield such time as she may Mr. Speaker, we all recognize our ness Affairs to serve as an independent consume to the gentlewoman from New Armed Forces safeguard our freedoms source of advice, policy and rec- York (Ms. VELA´ ZQUEZ), the ranking and liberty at great sacrifice to our ommendations to the SBA, the Con- member. servicemen. Our veterans liberated Eu- gress and the President. Ms. VELA´ ZQUEZ. Mr. Speaker, I rise rope and the Pacific in the 1940s, they Lastly, H.R. 1568 also addresses con- today in strong support of H.R. 1568, stopped the spread of communism in cerns raised by disabled veterans. Cur- the Veterans Entrepreneurship and the 1950s, 1960s and 1970s, and they rently there are over 104,000 service- Small Business Development Act of freed oppressed peoples in the 1980s and disabled veterans in the business com- 1999. I would like to take this oppor- munity. The Veterans Entrepreneur- 1990s. These men and women willingly tunity to thank the gentleman from ship and Small Business Development sacrificed for their country. H.R. 1568, Missouri (Mr. TALENT), the chairman of Act establishes a 5 percent sub- the Veterans Entrepreneurship and the Committee on Small Business, for contracting goal for service disabled Small Business Development Act of introducing this legislation and for his veterans. By taking this step, we are 1999, provides them the opportunity to continuing commitment to our veteran ensuring that veterans, especially enjoy the fruits of their labor and the community. I would also like to thank those injured fighting for their coun- blessings of liberty which they secured. the gentlewoman from New York (Mrs. try, have equal opportunity to govern- Mr. Speaker, I urge my colleagues to MCCARTHY) for her work on behalf of ment contracts. Too often we see our support H.R. 1568. veterans both in the committee and in veterans neglected in their time of Mr. Speaker, I reserve the balance of the House. my time. need. Under this legislation, veterans Throughout America’s history, will receive greater access to capital Mrs. MCCARTHY of New York. Mr. countless men and women have served and training, programs that will allow Speaker, I yield myself such time as I our country and fought for its ideals as them to succeed in a market system may consume. I thank the gentleman members of our armed services. How- they fought so hard to protect. I urge from Missouri (Mr. TALENT) who is the ever, when veterans return to civilian my colleagues to support this legisla- chairman of the Committee on Small life, they have also encountered bar- Business and I thank the gentlewoman tion. Mr. Speaker, I reserve the balance of riers to starting or expanding a busi- from New York (Ms. VELA´ ZQUEZ), the my time. ness. ranking member. I think this is some- Mr. TALENT. Mr. Speaker, I am Although there are a number of pro- thing that can show that our commit- pleased to yield 2 minutes to the gen- grams at the SBA to provide assist- tee works very well together, certainly tleman from Maryland (Mr. BARTLETT). ance, many of these are not specifi- for our veterans but also for our small Mr. BARTLETT of Maryland. Mr. cally targeted at veterans. The legisla- businesses. Speaker, it is time we keep our prom- tion before us today seeks to remedy Mr. Speaker, I rise in support of an ises to veterans. I am proud to be a some of the inequalities that our serv- important piece of legislation that en- supporter of H.R. 1568, the Veterans ice men and women face upon their re- sures our veterans the resources and Entrepreneurship and Small Business turn to civilian life. In doing so, H.R. access to capital needed to start or ex- Development Act of 1999. This is a bill 1568 will provide greater opportunity pand a small business. As a cosponsor which deserves the support of every for the 5.5 million businesses owned or of this legislation, I believe the Veter- Member of the House. operated by veterans. Additionally, ans Entrepreneurship and Small Busi- It was almost a year ago at a joint this bill will help the 104,000 service ness Development Act of 1999 remedies House subcommittee hearing on May disabled veterans within the business many of the inequities veterans face 20, 1998, that representatives of veter- community. when looking for small business assist- ans advocacy groups universally blast- This legislation, H.R. 1568, will give a ance. Thousands of brave men and ed the Small Business Administration, boost to veterans seeking to start their women have fought for our country and SBA, for decades of ignoring congres- own business by creating a National the freedoms we cherish. Unfortunately sional mandates to give veterans and Veterans Development Corporation to when they return to civilian life, veter- veteran-owned small businesses appro- provide training and counseling. Addi- ans encounter numerous barriers when priate consideration. That was a hear- tionally, it establishes a veterans advi- they are attempting to start up or ex- ing I cochaired of the Subcommittee on sory board to counsel SBA on veterans pand their businesses. Government Programs and Oversight issues and expands veterans’ access to This can range from a lack of train- of the Committee on Small Business capital and Federal contracting oppor- ing to difficulty securing adequate cap- along with the gentleman from New tunities. ital. H.R. 1568 helps these men and York (Mr. QUINN), who chairs the Sub- Often overlooked is the fact that women become entrepreneurs and em- committee on Benefits of the Commit- many current small business owners brace the American dream for which tee on Veterans’ Affairs. also serve in the Reserves or National they fought so hard to preserve. It is We as a Nation must keep the prom- Guard. When the call to serve comes, apparent that small businesses have ises we have made to those who served they selflessly heed it and leave their

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5023 business behind. Unfortunately, too sistance programs to include veterans, veterans business coordinator. The pro- often this results in economic hard- while additionally directing the SBA to gram is comprised of retired executives ship. I would like to thank the gen- assist veteran-owned small businesses who provide advice and technical as- tleman from Illinois (Mr. PHELPS) for through the creation of new develop- sistance through a network of volun- offering an amendment that provides ment agencies and offices, such as the teers. these individuals with the capital and National Veterans Business Develop- And lastly, this measure provides a 5 expertise they need to continue their ment Center. This bill will strengthen percent goal for government contract- businesses. The call-up during Kosovo and expand existing small business as- ing with small business concerns owned has demonstrated the importance of sistance programs to ensure the lon- and controlled by service disabled vet- our Reserves, and I commend the gen- gevity of programs already proven to erans. tleman from Illinois for helping our work, like the renowned microloan and We have adjusted the wheels of other service men and women. Delta Loan programs. In doing so, vet- SBA programs, Mr. Speaker, in order This is the time of year in which we erans will receive a much needed boost to respond to the needs of women and celebrate the liberties that members of economically in the small business sec- minorities. We are right to do so today our armed services have fought so hard tor, an area that has been dampened by for veterans. We need to readjust them to attain for every citizen of this great insufficient funding and technical as- to respond to the needs of our veterans, Nation. This legislation will help en- sistance in the past. and that is exactly what this bill ac- sure that those individuals that have With the economy still booming as complishes. placed their lives in jeopardy for this we approach the millennium, it is im- Members of the military put them- country will be able to fulfill the perative that we act sensibly and pro- selves at a great risk to protect Amer- American dream. With all they have vide for veterans in small businesses ican interests around the world. And in done for us, this is the least that we while we have the funding to do so. return for this service, the Federal can do. I strongly support the goals of Veterans affairs should be our top pri- Government has made a commitment this legislation, and I urge my col- ority in this Congress. It is our duty as leagues to do the same. to both active duty and retired mili- patriots to aid those who were willing tary personnel to provide certain bene- Mr. Speaker, at this time I would to sacrifice for our Nation. also like to take this opportunity to fits. With the measure before us today, In closing, I urge my colleagues to we attempt to go beyond those benefits recognize Mike Klier, one of the Demo- support this worthy legislation provid- cratic committee staff who worked on that the VA provides. We aim to bring ing small business assistance to veter- veteran owned businesses into the win- this legislation and will be leaving ans as we work to improve their wel- shortly. Mike has been a valuable ners circle of those small businesses fare in this country. member of the Committee on Small that thrive and prosper year after year. Mrs. MCCARTHY of New York. Mr. As a veteran, I have always main- Business staff and will be sorely Speaker, I yield such time as he may missed. On behalf of the members of tained a personal commitment to pro- consume to the gentleman from New the committee, I want to thank him tecting the rights of those who have Jersey (Mr. PASCRELL). and wish him good luck. served, and I have striven to be an ad- Mr. TALENT. Mr. Speaker, I yield b 1515 vocate on their behalf. Two weekends myself 15 seconds to thank the distin- Mr. PASCRELL. Mr. Speaker, as a ago in our district, we had a veterans guished ranking member for her com- member of the Committee on Small registration drive, Mr. Speaker. Four ments and join her in her comments Business and as a veteran myself, I rise hundred fifty veterans signed up, bring- about Mike. We wish him all the best. today to encourage the swift passage of ing those heroes to the point where Mr. Speaker, I yield 2 minutes to the the Veterans Entrepreneurship and they can access the benefits they have gentleman from New York (Mr. GIL- Small Business Development Act of earned. Many of our veterans do not MAN), the distinguished chairman of 1999. It is an outstanding piece of legis- even know what they are entitled to. the Committee on International Rela- lation that will go a long way in assist- We cannot sit by idly and let that tions. ing the veterans of our Nation. exist. (Mr. GILMAN asked and was given Last week our chairman, the gen- This bill is another aspect of that permission to revise and extend his re- tleman from Missouri (Mr. TALENT), commitment to those who have made marks.) and our ranking member, the gentle- the ultimate commitment to our Na- Mr. GILMAN. Mr. Speaker, I thank tion. It will ensure that veterans have the gentleman for yielding me this woman from New York (Ms. VELA´ ZQUEZ) once again demonstrated greater access to capital and business time. training programs, and for those entre- Mr. Speaker, I rise today to pledge their commitment to passing meaning- preneurial veterans, among them 48,000 my support for this measure, the Vet- ful bipartisan legislation when our in my own district, I believe through- erans Entrepreneurship and Small committee voted unanimously in sup- out America making access, making Business Development Act which au- port of the measure now before the veterans available and reaching out to thorizes technical, financial and pro- House. I want to credit both of them them in a very positive way is what we curement assistance to veteran-owned for their dedication to our Nation’s should be all about. I believe this meas- businesses through a variety of ways. I small businesses and to our nation’s commend the gentleman from Missouri veterans. H.R. 1568 will help veterans ure will lower the barriers they face, our veterans, help them build and de- (Mr. TALENT) and the gentlewoman who are attempting to start their own velop businesses that will flourish. from New York (Mrs. MCCARTHY) for small businesses. It will accomplish bringing this measure to the floor at this in several ways: Our veterans helped shape the pros- this time. First, by creating an Associate Ad- perity our Nation currently enjoys. As veterans make the transition ministrator for Veterans Business De- This bill, will help these veterans share from honorably serving their Nation to velopment at the Small Business Ad- in that very prosperity. It is the right the competitive business world of our ministration. The bill ensures that vet- thing to do. Nation, they confront many obstacles erans will have full access to all SBA As a cosponsor of this legislation, I that stand in their way of achieving programs and will guarantee them a urge my colleagues to support H.R. success. As national leaders, we have a seat at the table, and they have earned 1568, the Veterans Entrepreneurship responsibility to help these men and it. Small Business Development Act of women in helping them realize their It will accomplish and establish a na- 1999. dreams. The Veterans Small Business tional veterans’ business development Mr. TALENT. Mr. Speaker, I yield Act has the power to do just that, to corporation which will organize public myself 1 minute just to comment to return hope to the courageous many and private resources to help assist the gentleman’s speech. As always, he who find themselves currently slipping veterans with financing and advice. inspires me and particularly in this on once sturdy ground. The legislation will establish also field. There is no stronger advocate for H.R. 1568 effectively expands the eli- within a very successful SCORE pro- veterans than the gentleman from New gibility for certain small business as- gram the appointment of a national Jersey. He is absolutely correct, and

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5024 CONGRESSIONAL RECORD — HOUSE June 29, 1999 maybe I should quote one of the wit- preneurship and Small Business Devel- One of the most important functions nesses from one of the veterans organi- opment Act will ensure that those who of this bill is to create a national vet- zations who testified in support of this have helped sustain the American erans’ business development corpora- bill, when one of the members of the economy through their military serv- tion. This corporation will fund centers committee asked him what was avail- ice and sacrifice will deservedly receive throughout the country to provide able in terms of outreach programs for a fair share of assistance through the technical assistance for interested vet- veterans, and he responded by saying: Small Business Administration. erans, and with the support of veterans ‘‘Look, the good thing about this bill This legislation includes veterans in groups there is a provision in this bill is it lets us help ourselves. We set up the full range of programs and services to make certain that after 4 years these assistance centers, and then we at SBA and establishes some key addi- these centers will become self-suffi- will have veterans in these commu- tional programs specifically for veter- cient. I can think of no better way for nities networking and connecting vet- ans. I specially support the program Congress to give veterans a means to- erans with entrepreneurship opportuni- which incorporates my legislation to ward achieving financial independence. ties and, by the way, going beyond assist military reservists who have H.R. 1568 also establishes an Office of that, to do other things that can help been called to service in Kosovo. This Veterans Business Development at the veterans and their families. I think it’s program ensures that reservists who Small Business Administration. Over a tremendous way of increasing the in- are small business owners or entre- the years, Congress has encouraged the frastructure available for veterans’ as- preneurs do not have to risk their busi- SBA to take up the cause of helping sistance.’’ ness while risking their lives for the veterans. However, it is apparent that Mr. Speaker, I yield 2 minutes to the principles of freedom and human we need to strengthen our will. Hope- gentleman from Arizona (Mr. STUMP), rights. fully this office within the SBA will the chairman of the Committee on Vet- This program offers three types of as- serve as a means to highlight and serve erans’ Affairs, and I want to thank him sistance by first authorizing a deferral the needs of veterans in business. for his work on this bill and his advo- of loan repayments on any direct loan Riverside County in California, a sig- cacy on behalf of veterans. from the SBA; secondly, establish a nificant part of which I represent, has Mr. STUMP. Mr. Speaker, I thank low-interest loan, economic injury loan 143,380 veterans. My resolve to help the gentleman for yielding me this program to provide interim operating these brave men and women will never time. I just want to take this oppor- capital to any small business if the de- wane. Mr. Speaker, I want to make tunity to thank the chairman, the gen- parture of a military reservist to key sure our veterans have the best chance tleman from Missouri (Mr. TALENT) of active duty causes economic harm. And available to make it on their own. With the Committee on Small Business, and finally, directing SBA and all of its pri- a little bit of technical assistance, our his ranking member, the gentlewoman vate sector partners to engage in out- veterans will take charge and find the from New York (Ms. VELA´ ZQUEZ), and reach training and counseling pro- success they so rightly deserve. all of the members of this committee grams to assist businesses that might Mrs. MCCARTHY of New York. Mr. for the tremendous efforts that they experience significant disruption due Speaker, I yield as much time as she have put forth in bringing this bill be- to the effects of military reservists re- may consume to the gentlewoman from fore the House today. porting to duty in Kosovo. the Virgin Islands (Mrs. CHRISTENSEN). I think that the reasoned report of The upcoming Fourth of July holiday Mrs. CHRISTENSEN. Mr. Speaker, I the Congressional Commission of Vet- reminds us all of the importance of thank my colleague for yielding this erans Transition Assistance pretty independence and freedom. Veterans time to me. Mr. Speaker, I rise today much says it all with regards to this have fought hard for their country, and in support of H.R. 1568, the Veterans bill, and I quote: As a matter of fun- this measure gives us the opportunity Entrepreneurship and Small Business damental fairness, Congress should ac- to recognize their efforts by supporting Development Act of 1999, to also com- cord veterans a full opportunity to par- their entrepreneurial efforts. We can mend our chairman, the gentleman ticipate in the economic system that never repay veterans for their sac- from Missouri (Mr. TALENT) for intro- their services sustained. That certainly rifices, but we can certainly assist ducing this bill and to commend both is this bill’s objective, and many of our their efforts to become as successful in him and our ranking member for their veterans will benefit from this. business as they have been in the mili- untiring efforts on behalf of small busi- And once again my congratulations tary. nesses in this country. to the chairman of the committee on This legislation ensures that veter- Mr. Speaker, there have been several this. ans even after their service is over bills brought to this floor today that Mrs. MCCARTHY of New York. Mr. have the opportunity to continue con- recognize meaningful and tangible Speaker, I yield as much time as he tributing to our national security by ways the contributions our Nation’s may consume to the gentleman from creating jobs and strengthening our veterans have made and the debt this Illinois (Mr. PHELPS). economy. country owes to them. I am proud to (Mr. PHELPS asked and was given Mr. Speaker, I urge you and col- support them all. permission to revise and extend his re- leagues to join me in supporting H.R. As we all are aware, veterans, par- marks.) 1568, the Veterans Entrepreneurship ticularly those who served during and Mr. PHELPS. Mr. Speaker, I want to and Small Business Development Act since Vietnam, encounter many bar- thank first the gentlewoman from New of 1999. riers in transitioning to civilian life. York (Mrs. MCCARTHY) for yielding me Mr. TALENT. Mr. Speaker, I yield 2 Part of this transitioning includes ob- the time and the opportunity. I cer- minutes to the gentlewoman from Cali- taining meaningful employment or tainly want to thank the gentleman fornia (Mrs. BONO). starting their own businesses. Our dis- from Missouri (Mr. TALENT) for his Mrs. BONO. Mr. Speaker, I am proud abled veterans, like other citizens and hard work on such a valuable piece of to rise in support of H.R. 1568, the Vet- residents with special health care legislation and for allowing me to in- erans Entrepreneurship and Small needs, have particularly difficult times corporate my bill, the Military Reserv- Business Development Act of 1999. Of entering the economic mainstream. ists Small Business Act to the Veter- all individuals Congress attempts to H.R. 1568 seeks to break down many of ans Entrepreneurship and Small Busi- assist, I believe the men and women those barriers. ness Act and also not to overlook the who served our country in war and One of the most significant things ranking member, the gentlewoman peace are especially deserving of our this legislation does is to create a na- from New York (Ms. VELA´ ZQUEZ), for help and special consideration. Over 30 tional veterans business development her leadership and her help and assist- military and veterans service organiza- corporation charged with increasing ance. As a new Member, I certainly ap- tions representing more than 12 million entrepreneurship and technical assist- preciate it. veterans support H.R. 1568. These orga- ance to veterans. It also requires that Mr. Speaker, I rise today to support nizations are not asking for a handout. small businesses owned by veterans be this very important legislation which I All they want is for us to let them help included in all government contracting have cosponsored. The Veterans Entre- themselves. and sets a goal. And it creates a small

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5025 business relief program for reservists sistance to small business concerns owned can-do attitude of veterans that have been and members of the National Guard and controlled by veterans, including service- gained during their military service. Our coun- who own small businesses when they disabled veterans. It is important that we re- try has an investment in the success of vet- are called up to active duty. Passage of ward these important citizens with business eran-entreprenuersÐincluding many disabled the Veterans Entrepreneurship and opportunities such as these. veteransÐand this legislation will help protect Small Business Development Act of This bill directs the Veterans Affairs Sec- our investment. 1999 will ensure that veterans, even retary and the Small Business Administration's Veterans who establish their own busi- after their service is over, have the op- Administrator to enter into a memorandum of nesses are a double asset to America. They portunity to pursue their dreams to understanding with respect to entrepreneurial contribute their service-honed skills to the de- achieve success and to share in the assistance to veterans, including service-dis- velopment of our economy, and they are a key prosperity of this great Nation. abled veterans, through small business devel- link in the expansion of employment opportuni- In sum, this bill enables our veterans opment centers and Veterans Affairs facilities. ties for others. It is simply good sense to give to become self-sufficient. With all that I find it encouraging that this assistance in- them meaningful support in today's global they have done for this country, as has cludes the conducting of studies concerning economy. After serving this nation in uniform, been said earlier, this is the least that the operation of small businesses by veterans, our ``Private Ryans'' have come home to con- we can do for them. I urge my col- the training of veterans in small business man- tribute to America's economic successÐnot leagues to vote in favor of H.R. 1568. agement, and the teaching of Internet and only after World War II, but after every subse- Mrs. MCCARTHY of New York. Mr. other academic instruction. This bill also pro- quent conflict. Using skills gained during their Speaker, we have no additional speak- vides assistance and information to veterans military service, veterans have become suc- ers, and if the chairman is prepared, I concerning Federal, State and local agencies cessful entrepreneurs, continuing to contribute can go ahead and close? and helps to address the concerns of these to our Nation. We can never repay these men Mr. Speaker, I yield myself such time veterans. and women for their sacrifices, but we can as I may consume. Finally, the creation of the 15 member advi- certainly support their efforts to become suc- We called upon our veterans to en- sory committee will also greatly assist the vet- cessful enterpreneursÐsuccess which will dure the hardships of war and being erans. This committee will work in conjunction benefit all Americans. away from home. They serve proudly with the Small Business Administration to re- H.R. 1568 is an excellent bill, and I again without question. Many have made a view programs in the public and private sec- thank Chairman JIM TALENT and Congress- career out of this service, however tors that may affect small businesses owned woman VELAÂZQUEZ, the Ranking Democratic when we continue downsizing in our by veterans. This committee also will collect Member of the Small Business Committee, for military force an influx of servicemen business information and monitor other pro- their strong support for America's veterans. and women are entering civilian life grams and agencies that may affect the Mrs. CAPPS. Mr. Speaker, I would like to only to encounter a lack of assistance growth and development of small businesses take this opportunity to speak on behalf of two when attempting to start a business for owned by veterans. important veterans' bills todayÐH.R. 1568 and Small business is a vital sector of the busi- themselves. The Veterans Entrepre- H.J. Res. 34. neurship and Small Business Develop- ness world. In my home State of Texas, al- H.R. 1568, the Veteran's Entrepreneurship ment Act provides the resources they most four million Texans work in businesses and Small Business Development Act of 1999 need to succeed in their transition to with less than 500 employees, generating a will significantly improve services to veterans private sector. Their success not only total payroll of about $100 billion a year. This by the Small Business Administration. Many benefits them but also the surrounding sector of business is growing. From 1992 to veterans have the necessary skills and moti- community overall economy. 1996, small businesses have added 162,201 vation to successfully operate their own busi- As we approach July 4 weekend and new jobs. In 1998, Texas businesses with less nesses, but lack the resources to initiate such reflect upon the liberties that we than 100 employees employed 42.4 percent of enterprise. This bipartisan legislation, sup- fought so hard to obtain, we should not the Texas, non-farm workforce (up from 40.6 ported by veterans all over the country and by forget the men and women who con- percent in 1996). Small and medium busi- organizations such as the Vietnam Veterans of tinue to fight to protect these liberties. nesses account for more than 67 percent of America, the American Legion, the Disabled By passing this legislation, we are pro- the Texas workforce. American Veterans, the Veterans of Foreign viding our veterans with the tools that Small businesses are the economic back- Wars, and the Reserve Officers Association, will allow them to make that dream bone for many of our communities throughout will provide a substantial boost to the entre- they fought for a reality. this nation. This legislation is designed to allow our veterans to prosper in this business preneurial aspirations of the nation's veterans, b 1530 world. It is our way of paying them back for especially veterans with service-related dis- I urge my colleagues to support this years of service to our Nation. abilities. bill and help veterans succeed in the Mr. EVANS. Mr. Speaker, I rise in strong This important legislation will establish a Na- business community. support of H.R. 1568, the Veterans Entrepre- tional Veterans Business Development Center Mr. TALENT. Mr. Speaker, I yield neurship and Small Business Development to provide small business assistance to veter- myself such time as I may consume. Act of 1999. As a long-time supporter of veter- ans through public and private sector initia- Mr. Speaker, I do not know what ans' small business efforts and veterans' em- tives and partnerships. It will also strengthen more could be said about this bill. It ployment programs, I commend Congressman the SBA's Office of Veterans Business Devel- has the broadest coalition that I have JIM TALENT, Chairman of the House Commit- opment and create a permanent advisory ever seen supporting a veterans bill in tee on Small Business, and Congresswoman committee on veteran's business affairs. In ad- terms of the veterans service organiza- NYDIA VELAÂZQUEZ, the Committee's Ranking dition, the Microloan and Delta Loan Program tions. As I said before, it helps these Democrat, for bringing this important legisla- will be made available to veterans to finance veterans in helping themselves and I tion before the House. In developing this legis- a new business or expand an already existing think remedies some injustices from lation, JIM listened to hard-working veterans company. long past in terms of how we treat business owners and veterans' advocates who I am also pleased to speak on behalf of H.J. them in terms of procurement and strongly encouraged creation of a National Res. 34, a Resolution congratulating and com- loans and entrepreneurial opportuni- Veterans Business Development Corporation. mending the Veterans of Foreign Wars (VFW). ties. Additionally, H.R. 1568 provides a clear man- This admirable organization is celebrating its Ms. JACKSON-LEE of Texas. Mr. Speaker, date for the Small Business Administration to 100th anniversary this year in working for the this important piece of legislation will help vet- not just support, but champion, veteran entre- rights and needs of American veterans. The erans establish and develop small businesses. preneurs to gain access to business opportu- VFW currently represents the interests of By creating an Office of Veterans Business nities. 2,000,000 veterans who have served in wars Development within the Small Business Ad- Small businesses are the engines that drive ranging from World War I and II, to Korea and ministration, we will ensure that our veterans job creation in America. Most net job growth in Vietnam, to the more recent Persian Gulf War will be able to compete in the small business the last 10 to 15 years in the United States and conflict in Bosnia. world. This office will formulate, execute, and has resulted from small businesses. Not only Mr. Speaker, our veterans have served this promote the policies and programs of the does America need small business, it needs nation with honor and dignity, they have made Small Business Administration that provide as- the networking skills, the inventiveness, the tremendous sacrifices for our liberty, and they

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00031 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5026 CONGRESSIONAL RECORD — HOUSE June 29, 1999 deserve our utmost support. That is why I in- situation that has arisen between the on the situation with respect to New tend to vote in favor of H.R. 1568 and H.R. States of New Jersey and New York. By York, New Jersey and Connecticut. Res. 34. virtue of a tax that was imposed by The situation the bill’s authors mean Mr. TALENT. Mr. Speaker, I yield New York City, it appears and does to address is the fact that the bill by back the balance of my time. still appear that a commuter tax for its terms, the bill the legislature The SPEAKER pro tempore (Mr. people who live in New Jersey but work passed by its terms, said that New PEASE). The question is on the motion in New York City was asserted against York City cannot levy a commuter tax offered the gentleman from Missouri those commuters in a situation dif- on commuters from elsewhere in the (Mr. TALENT) that the House suspend ferent from New York State residents State but can on commuters from the rules and pass the bill, H.R. 1568, as outside New York City who worked in other States. amended. New York City, thereby setting up a The Supreme Court knocked that The question was taken; and (two- discriminatory set of taxes for these down, and it is out. So why are we deal- thirds having voted in favor thereof), commuters. ing with this bill? For political rea- the rules were suspended and the bill The Supreme Court acted in a similar sons. Now that I understand. We do a was passed. case in what is called the Austin case, lot of things here for political reasons. A motion to reconsider was laid on finding this kind of discriminatory That is not so terrible, but the fact is the table. commuter tax unconstitutional and re- this bill would affect the tax laws in f cently, just a couple of days ago, the every State. New York statute itself that we are The bill has not been properly consid- GENERAL LEAVE trying to amend or trying to work ered. There have been no hearings on Mr. TALENT. Mr. Speaker, I ask through that, too, was found to be un- this bill. The bill was not considered or unanimous consent that all Members constitutional. But we have it on good voted on by the subcommittee. It went may have 5 legislative days within report that this might be appealed. straight to the committee without any which to revise and extend their re- Therefore, the question occurs for the hearings. And we do not understand, in marks, and include extraneous mate- Congress to do something about mak- the rush to get this bill to the floor, rial, on H.R. 1568, the bill just passed. ing sure that this does not continue. the Republican majority which cites The SPEAKER pro tempore. Is there In that regard, this piece of legisla- that the committee process would have objection to the request of the gen- tion was approved by the subcommit- given us a chance to look the bill over tleman from Missouri? tee, and we will have Members from more carefully. There was no objection. New Jersey fully explain the contents It deals with a very complex area of f and the aims of the legislation. interstate taxation. While it was writ- ten specifically to address the New PROHIBITING STATES FROM IM- Mr. Speaker, I reserve the balance of York-New Jersey-Connecticut situa- POSING DISCRIMINATORY COM- my time. Mr. NADLER. Mr. Speaker, I yield tion, it applies to every jurisdiction in MUTER TAXES myself such time as I may consume. the United States. I think it is a mis- Mr. GEKAS. Mr. Speaker, I move to Mr. Speaker, I rise in opposition to take to consider it before the sub- suspend the rules and pass the bill this legislation. Perhaps some of my committee has had a chance to have (H.R. 2014) to prohibit a State from im- colleagues are wondering why we are hearings and to really understand the posing a discriminatory commuter tax wasting taxpayers’ time and money implications of the bill the way it is on nonresidents. today debating a bill directed at a tax drafted. The Clerk read as follows: that was declared unconstitutional last To the extent the bill reflects the H.R. 2014 Friday. In fact, as of Friday’s ruling, current state of constitutional juris- Be it enacted by the Senate and House of Rep- no person on the face of the earth, not prudence, I have no objections, but we resentatives of the United States of America in from New Jersey, Connecticut or any- should take the time to understand Congress assembled, where else, is faced with this tax. It what other unforeseen effects it may SECTION 1. PROHIBITION ON IMPOSING DIS- does not exist. have nationally on various State tax CRIMINATORY COMMUTER TAX ON I realize that this is a hot political laws across the country. We have not NONRESIDENTS. issue in some other States and so we done this, and it is a mistake. (a) PROHIBITION.—A State may not impose a tax on the income earned in the State by are going to waste time talking about Congress needs to consider that this nonresidents unless the tax is of substantial it, but the fact of the matter is we are legislation would apply to every State equality of treatment for the citizens of the talking about nothing. The bill passed which taxes income earned within its State and the nonresidents so commuting. in New York was atrocious. I say it borders by nonresidents. The normal (b) STATE.—For purposes of subsection (a), about my own State legislature. It was process served by the Committee on the term ‘‘State’’ includes the District of Co- atrocious and flatly unconstitutional, the Judiciary would be able to assess lumbia and any political subdivision of a flatly against the Supreme Court’s the impact this legislation would have State. prior rulings, and the State Supreme on the myriad State tax laws nation- The SPEAKER pro tempore. Pursu- Court in New York last Friday said it ally rather than focusing on one cross- ant to the rule, the gentleman from was facially unconstitutional. border tax dispute which is no longer Pennsylvania (Mr. GEKAS) and the gen- Now, the gentleman from Pennsyl- at issue since the State courts have tleman from New York (Mr. NADLER) vania (Mr. GEKAS) says it may be ap- thrown out the law as unconstitu- each will control 20 minutes. pealed. Yes, it will be appealed but by tional. The Chair recognizes the gentleman the City of New York, not by the State I understand this is a political hot from Pennsylvania (Mr. GEKAS). of New York, and the grounds for the potato in New Jersey and Connecticut, GENERAL LEAVE appeal of the city is that the State had but that is no reason to rush the legis- Mr. GEKAS. Mr. Speaker, I ask unan- no right to pass the law in the first lation through the process without any imous consent that all Members may place under State law because it vio- review, especially now that the tax have 5 legislative days within which to lated the State’s home rule provision that has the residents of those States revise and extend their remarks, and with respect to cities. upset no longer exists. include extraneous materials, on H.R. If the city wins its lawsuit, the law Mr. Speaker, I submit that this is an 2014, the bill under consideration. will be reinstated, but it will be equal. unnecessary bill at this time; and we The SPEAKER pro tempore. Is there That is, it will apply to commuters should send it back, not pass it. Let objection to the request of the gen- from within the State and from other the committee consider it properly and tleman from Pennsylvania? States equally, as was the case for the see how it impacts on the States other There was no objection. last 30 years prior to the State legisla- than New York, Connecticut and New Mr. GEKAS. Mr. Speaker, I yield my- ture’s atrocious actions a few weeks Jersey, on which States it will have no self such time as I may consume. ago. If the city loses its appeal, the tax impact at all. Mr. Speaker, this piece of legislation will not exist. In either event, this bill Mr. Speaker, I reserve the balance of is to mend a very peculiar and unique has no impact and can have no impact my time.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5027 Mr. GEKAS. Mr. Speaker, I yield my- at home at the expense of its neighbors The New York law also violates the self such time as I may consume. and the economic well-being of the re- Commerce clause of the United States Mr. Speaker, I would first like to re- gion. Constitution, which allows citizens to spond to what the gentleman from New In a larger sense, Mr. Speaker, this travel freely throughout the different York (Mr. NADLER) has just said. It was issue should remind us of how much States of the United States. not acted upon by our subcommittee commuters have in common. They b 1545 but, rather, by the full committee. work side by side. They use the same Number two, however, I want to put rails and roadways to get to work. It also violates the due process and the record straight on another asser- They cannot and should not be taxed equal protection clauses, which protect tion that the gentleman has made, that differently solely because they live in Americans from being discriminated this is a peculiar situation just be- different States. against unfairly by the States or the tween New York and New Jersey. That I urge my colleagues to support the Federal government. The United States is, of course, the reason that the bill is legislation. Supreme Court has consistently held here, but the bill, as drafted and which Mr. NADLER. Mr. Speaker, I yield that States may not impose a tax on nonresident taxpayers simply because will eventually pass the Congress, ap- 31⁄2 minutes to the distinguished gen- they reside in another State. plies to all States of the Union and as- tleman from New Jersey (Mr. ROTH- Fortunately, last Friday the New serts a very important principle. MAN). York Supreme Court held that the New Mr. Speaker, I yield 4 minutes to the (Mr. ROTHMAN asked and was given York law is unconstitutional. However, gentleman from New Jersey (Mr. permission to revise and extend his re- this ruling does not change the need FRANKS), the author of the legislation. marks.) for us today to act here in the House of Mr. FRANKS of New Jersey. Mr. Mr. ROTHMAN. Mr. Speaker, I rise Representatives. The State of New Speaker, last month New York Gov- in support of H.R. 2014. This legislation York could still appeal the ruling, and ernor George Pataki repealed the New is important to protect the ability of the New York Court of Appeals could York City commuter tax but only for people to live in one State and work in another. Very simply, the purpose of reverse the lower court’s decision. New York residents. His goal was laud- It is imperative that this matter go this bill is to prohibit a State from im- able. He was trying to give 450,000 New forward today; that H.R. 2014 pass posing a discriminatory commuter tax York City commuters living in New today, not just for the residents of New on nonresidents. York State a $210 million tax cut, but Jersey, Connecticut, and Pennsylvania, H.R. 2014 was introduced 3 weeks ago, at the same time he wanted to force but for the residents of every State in after the State of New York repealed the residents of Connecticut and New the United States of America. Mr. its commuter tax for suburban New Jersey who work in New York City to Speaker, a tax that unfairly penalizes Yorkers who commute to work in New pick up the tab. Americans solely because of the State York City; but the State of New York Every year, 250,000 residents in my that they live in is inherently uncon- decided that the hundreds of thousands home State of New Jersey shell out stitutional and un-American. It de- of commuters from New Jersey, Con- $110 million in taxes to the City of New serves to be overturned. Thus, I ask my necticut and Pennsylvania who com- York. All commuters, whether they colleagues to pass H.R. 2014. live in Rockland County, New York; mute into New York City should con- Mr. GEKAS. Mr. Speaker, I yield 2 Union County, New Jersey; or Fairfield tinue to be taxed. Had the New York minutes to the gentlewoman from New Supreme Court not recently held this County, Connecticut; rely on the same Jersey (Mrs. ROUKEMA). services and transportation infrastruc- law unconstitutional, it would have (Mrs. ROUKEMA asked and was ture provided by the City of New York. gone into effect on July 1 and would given permission to revise and extend They should not be taxed differently have amounted to an unfair tax of sev- her remarks.) merely because they live in a State eral hundred dollars per commuter per Mrs. ROUKEMA. Mr. Speaker, I other than New York. year. thank the gentleman for yielding time Late last Friday, as was indicated, a With 240,000 New Jersey residents to me. New York State Supreme Court judge working in New York City alone, the I want to express my appreciation ruled that the targeted repeal of the result of this law would have been to both to the chairman of the sub- New York City commuter tax was un- give a huge tax break to the suburban committee as well as my colleagues constitutional. The judge said it of- residents of New York at the expense of and the gentleman from New Jersey fends the provisions that govern privi- suburbanites in New Jersey, Connecti- (Mr. FRANKS) who has given such lead- leges and immunities, equal protection cut and Pennsylvania. ership here on this very important for all citizens, and the provision that Mr. Speaker, as well as being bla- issue. assigns regulation of interstate com- tantly unfair, the New York law is bla- Mr. Speaker, I see this has been ade- merce to the Federal Government. tantly unconstitutional. Two hundred quately outlined by both gentlemen While New Jersey and New York twenty years ago, the framers of the from New Jersey, Mr. FRANKS and Mr. commuters have won a temporary vic- Constitution decided that they did not ROTHMAN. But I want to underscore the tory, the commuter tax border war is want 13 separate fiefdoms once they de- fact that we are not just talking about far from over. New York City has al- cided to declare ourselves one Nation. New York and New Jersey here, and ready announced that it will appeal the They did not want members from one Connecticut, we are talking about lower court ruling. newly-formed State to have to show a something that is going to preserve all It is time we in Congress put this passport at the checkpoint or a border- the States, the commuters in all the issue to rest once and for all. We must line of one of the new other 13 States in States, from this kind of outright bla- send a clear and definitive message, our new United States. They passed the tant discrimination that was brashly that tax wars between neighboring Constitution to prevent that. In par- put into place by the Governor of New States will no longer be tolerated. ticular, the Privileges and Immunities York. The bill before us would prevent any clause in article 4, Section 2 of the I also want to say that the fact that State, including New York, from tax- United States Constitution says, and I the State court has already acted on ing the income of citizens from other quote, citizens of each State shall be this does not negate the necessity for States at a higher rate than they tax entitled to all privileges and immuni- this. It underscores the necessity for the income of their own residents. This ties of citizens in the several States, this protection to be extended to all 50 legislation would impose a permanent unquote. States. There should not be this kind cease-fire in the battle over commuter The law passed by the State of New of discrimination. taxes by making it clear that taxes im- York flies in the face of the United As has also been stated, and I think posed by one State cannot discriminate States Constitution. It clearly gives it bears strong repeating now, this is against out-of-State residents. privileges to commuters from the sub- an underscoring of a constitutional Finally, it would prevent politicians urbs of New York at the expense of right, not only the equal protection from ever again using the threat of a commuters from the suburbs of New clause but the interstate commerce commuter tax to score political points Jersey, Connecticut and Pennsylvania. provisions of the Constitution. This

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5028 CONGRESSIONAL RECORD — HOUSE June 29, 1999 bill reaffirms the proper Federal-State State assembly or a mayor or a Gov- once and for all to those fruitless at- relationship in terms of commerce. ernor who does not recognize the pit- tempts to pass harmful tax increases I guess I have to say here, Mr. Speak- falls of starting warfare from one State on those people who cannot hold these er, it is very important to extend this to another where they start to say, ‘‘we New Jersey legislators accountable, to all 50 States so that we can foreclose can solve all our problems, just tax ev- the residents of New Jersey and Con- and forestall any kind of thought that eryone who works in our State who necticut. we are going to have a commuter tax does not happen to live here because Mr. NADLER. Mr. Speaker, I yield 2 war here State to State at any time in they do not happen to vote here.’’ minutes to the gentleman from New the future. I rise in support of the bill offered by York (Mr. WEINER). Mr. NADLER. Mr. Speaker, I yield 2 the gentleman from New Jersey (Mr. (Mr. WEINER asked and was given minutes to the distinguished gen- FRANKS), H.R. 2014, and thank him for permission to revise and extend his re- tleman from Connecticut (Mr. introducing it. I thank him for all the marks.) MALONEY). communities in all the States around Mr. WEINER. Mr. Speaker, I thank Mr. MALONEY of Connecticut. Mr. the country that need to make sure the gentleman from New York for Speaker, I rise in support of H.R. 2014. that if you tax someone from out of yielding me the time. Let me start by making an observa- State, you must tax someone from Mr. Speaker, I have great respect for my colleagues from New Jersey and tion. We have talked earlier about the within your State. If you do not tax Connecticut and Pennsylvania who are New York Supreme Court. Many people someone within your State, you also fighting so vigorously for this, but we in this Chamber I am sure understand must not tax someone out of the State. that the New York Supreme Court is I also commend the gentleman from really have to wonder what indeed is behind this. the trial court in the State of New Connecticut (Mr. MALONEY) for his fine It does not seem to be the substance York. It is the lowest level of State ju- statement. of the issue. The courts are handling diciary. So unlike perhaps common in- Mr. NADLER. Mr. Speaker, I yield the substance of this issue as we speak. tention or common understanding, we 21⁄4 minutes to the distinguished gen- If substance had anything to do with are not talking about the New York ju- tleman from New Jersey (Mr. this debate, perhaps we would have had diciary having decided this, we are PASCRELL). a hearing in the full committee, or only talking about an individual judge. Mr. PASCRELL. Mr. Speaker, I even a hearing in the subcommittee, or So this matter is still very, very much would like to thank the gentleman even any kind of a hearing before this alive, even as to this legislation, and from New York for yielding time to came to the House floor under the sus- New York City has indicated that it me. Mr. Speaker, last week New York Su- pension calendar. will appeal this case. Mr. Speaker, this is entirely about This bill needs to pass because the preme Court Justice Barry Cozier politics, but in that debate about poli- New York legislature needs to be told struck down a law passed by the legis- tics, we must not lose sight of some of that this simply was outrageous and lature in New York that would have re- the facts here. This is not about one cannot be allowed. The bill as it stands pealed the commuter tax for New York State’s ability to tax another State. in New York says that if it is found un- residents, but kept that tax in place for That is done commonly. It is going to constitutional in any part, it will be out-of-State residents. continue to be done even after this bill unconstitutional in all parts. That puts Mr. Speaker, there are two major is passed. the matter back in the General Assem- issues here. The bigger issue, which has One State can tax the income derived bly of New York for reconsideration. not even been addressed today, is what in another State. It happens in States As the distinguished gentleman from the Supreme Court did just a few days all around this country. The fact of the New York indicated earlier, it was un- ago when it tied the hands of the Con- matter is that residents of other States wise of the New York General Assem- gress of the United States of America who come in and derive income, for ex- bly to pass this bill. I want to make in the issue of States’ rights. The bill ample, in New York City derive great sure they do not have the opportunity by the gentleman from New Jersey benefits from that, great benefits that RANKS) becomes even more im- to act unwisely a second time. The best (Mr. F without this type of a tax structure portant, more significant, and more way to do that is to make sure that they would do nothing to pay for. this bill passes in this House and in timely. People every day come into New this Congress immediately. Read that decision, I ask Members York City. New York City provides the Let me conclude by saying not only from both sides of the aisle, the 5–4 de- economic engine for the entire region is this bill unconstitutional and unfair, cision. That is the big issue that is in- of the country. We are proud of that. it is also very, very much unwise. Both volved here. New York City’s Council All we are doing is trying to find a fair Connecticut and New Jersey have re- responded to the ruling by stating that and equitable and balanced way to pay verse commuters, so there may be the city would immediately appeal the for those expenses. 90,000 people a day who travel from ruling. Wonderful. It is my sincere Now the courts have decided that the Connecticut to New York City. There hope that Justice Cozier’s ruling and construct the New York State legisla- are a substantial number of people who H.R. 2014 will give the city pause. ture has arrived at is unconstitutional, travel from New York back to Con- As I stated when the gentleman from period. It is the end of the story. Yet necticut. New Jersey (Mr. FRANKS) introduced we are here, frankly, throwing aside all We can imagine if this legislation this bill several weeks ago, New of our concerns about States’ rights, were allowed to stand that the State of Jerseyans do not mind paying for their tossing all of our conservative in- Connecticut and the State of New Jer- services they use in the State of New stincts away. sey would quickly come to the conclu- York. We are not simply talking about Mr. PASCRELL. Mr. Speaker, will sion that it needed to enact appro- New York and New Jersey here, we are the gentleman yield? priate legislation in response. That is talking about every State in the Union Mr. WEINER. I yield to the gen- exactly what the commerce clause in where the possibility exists of inequity. tleman from New Jersey. the Constitution attempts to prohibit. This does not mean that our com- Mr. PASCRELL. Mr. Speaker, I just We should make sure it is prohibited muters should become an ATM for a listened to what the gentleman said by statute. State that does not want its own resi- very carefully. Would the gentleman be Mr. GEKAS. Mr. Speaker, I yield 2 dents to pay their own way. That is po- willing to recommend to those who minutes to the gentleman from Con- litical nonsense. The action of New want to appeal the decision of the necticut (Mr. SHAYS). York’s legislature takes parochialism court to remove their appeal, and Mr. SHAYS. Mr. Speaker, I thank the to its irrational extreme and invites tit maybe we would not have a need for gentleman for yielding time to me. for tat countermeasures that will only this decision? We would do New York a tremendous hurt one group in the end, of course, Mr. WEINER. If the gentleman would favor by passing this legislation, be- the taxpayer. understand. cause clearly New York got itself in a Mr. Speaker, it is my hope that the Mr. PASCRELL. Does the gentleman box. I cannot imagine any member of a passage of H.R. 2014 will put an end support that?

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5029 Mr. WEINER. Here is what I do sup- b 1600 how anyone could have ruled otherwise. In port, Mr. Speaker. I support this body No one thinks that it could be ap- addition, several earlier court cases have ruled being somewhat deliberative some of pealed, because the Supreme Court has that there must be equality between states, the time. I believe that this is some- been clear on the subject. So we are, at and that states cannot discriminate between thing that is clearly moving its way in best, with regards New York and the residents and nonresidents. a very expeditious way through the neighboring States, wasting our time I am pleased that the Court has ruled justly courts, and it has ruled in their favor. with this bill. It will have no impact on the cases pertaining to the New York legis- Yet we are here instead trying to chalk whatsoever, period. lation. However, we must work to prevent this up political points, rather than trying I am not opposed to this bill because type of discrimination in the future and prevent to deal with the real issue, which is I am worried about New York. It will any attempt to appeal this ruling. how those people who commute into have no impact on New York, New Jer- And, rather than discriminating against New New York City pay their fair share. sey, or Connecticut. It will have an im- Jersey residents, Governor Pataki should wel- Mr. NADLER. Mr. Speaker, I yield pact on other States in ways we have come New Jersey residents and other out-of- myself such time as I may consume. not examined. state commuters with open arms. Our resi- Mr. Speaker, most of the debate on For example, the bill says a State dents help New York businesses to thrive, and this bill, with all due respect on all may not impose a tax on the income thereby foster the growth and prosperity of sides, has missed the point. New York earned in the State by non-residents New York City and the entire State, in turn. City has had a commuter tax levied unless the tax is of substantial equal- Moreover, these New Jersey residents gen- equally on residents of New York State ity of treatment for the citizens of the erate revenue for New York by eating in res- and residents of other States for 30 State and non-residents so commuting. taurants, shopping in stores, and engaging in years, 33 years. A lot of courts read that to mean that other local commerce. Repealing the com- The State legislature, for local polit- the State could not impose a lower tax muter tax for New York commuters alone is ical reasons, and the Governor, for on commuters from a neighboring blatant discrimination that would only discour- local political reasons, abolished that State than the residents of its own age New Jersey residents from supporting tax, but only for residents of New York State, so it might hold that if you New York's businesses. State, not for residents of neighboring taxed the residents of your own State And, we all know that New York residents States, a clearly unconstitutional act, at 4 percent, you cannot tax the resi- enjoy the beaches and recreational opportuni- unconstitutional on its face, and the dents of a neighboring State at 2 per- ties New Jersey offers. New Jersey does not Supreme Court has said so, as the gen- cent. I do not think that is what the unfairly discriminate against New York resi- tleman from Pennsylvania mentioned, sponsors intended, but this is a hastily dents taking advantage of our wonderful natu- in previous years. All we have to do is drafted bill for a hastily concocted sit- ral resources. Nor do we intend to do any wait for the State courts to knock it uation, which is no longer in existence, such thing. down. For these reasons, I am here today to join The State Supreme Court last Friday and it has not gotten proper scrutiny my colleagues in protesting New York's at- said they cannot do that, the law is un- by the subcommittee and the commit- tempt to repeal this commuter tax for in-state constitutional. So now we have this tee in hearings. So I would urge that this bill should residents only. This repeal for in-state resi- bill to repeal a law that has already be set aside or defeated now and the dents alone violates the Interstate Commerce been ruled unconstitutional, but we are told it is absolutely essential to pass committee should hold hearings and Clause and amounts to discrimination for out- this bill because the mayor, the city of should really look into how this is of-state residents, primarily in my home state New York, has appealed the ruling of going to affect the reciprocal agree- of New Jersey as well as Connecticut. I will the court. ment between, let us say Indiana and not tolerate discrimination of residents in my Yes, but the only grounds on which Illinois before we pass it. Again, this home stateÐor anywhereÐand will stand by he has appealed the ruling of the court has no impact on New York, New Jer- those who protest this type of discrimination. was not with respect to the unequal ap- sey, or Connecticut. We are not con- I pledge to do my part to permanently re- plication of the law to the two States, cerned about that. But it may have un- solve this problem. That is why I have cospon- or to the several States, I should say; anticipated consequences throughout sored the anti-discrimination legislation before he has appealed it on the grounds that the country, and it is just irresponsible us, H.R. 2014, that would prohibit a stateÐin the State legislature, without a home to be considering this bill in this way this and in all casesÐfrom imposing a dis- rule message, had no power under the at this time without proper hearings criminatory commuter tax on nonresidents. I State Constitution to pass that bill. and proper consideration. That is why I urge my colleagues to join me in supporting The court will either agree or dis- urge its defeat at this time, so that we this bill, which I hope will pass overwhelmingly agree. If the court agrees with the can consider it properly as to its impli- in the House and Senate. mayor, the law will be back in its en- cations throughout the rest of the Mr. FRELINGHUYSEN. Mr. Speaker, I rise tirety. The city will have the com- country. today in support of H.R. 2014, legislation muter tax equally on residents of New Mr. PALLONE. Mr. Speaker, I commend my which would prohibit any state from levying York State outside the city and on New Jersey colleagues on both sides of the discriminatory taxes on commuters from other residents of other States, and this bill, aisle and in both Chambers for introducing this states. I am pleased to be an original cospon- if it passes, will not stop that tax. It bill and for helping to bring it to the House sor of this bill, and commend my colleague simply says, you have to tax residents floor so rapidly. from New Jersey, Mr. FRANKS, for introducing and nonresidents equally, and the law Mr. Speaker, this bill is important, because this legislation. previously did that. the State of New York has once again at- We are here today as a result of New York If the action of the legislature is de- tempted to declare war on New Jersey. First, State's decision to selectively repeal the New clared unconstitutional and the law New York was dumping its garbage in New York City Commuter Tax, which sets a trou- was restored, it will again do that. It Jersey, then it was contaminating our shores bling precedent that other states or cities will will meet the requirements of this bill, with its dirty water and, after that, its needles likely choose to follow. and residents of Westchester County in were washing up on our beaches. Now, the Already, other cities have begun to view New York City and Bergen County in New York Legislature has once again tried to commuters as a cash cow. A Baltimore, Mary- New Jersey and Fairfield County in harm New Jersey residentsÐthis time, by dis- land, mayoral hopeful has raised the possibil- Connecticut will continue paying the criminating against many of our hard-working ity of levying a commuter tax on individuals taxes they have for the last 33 years. residents trying to earn a living by working in who work in Baltimore but live outside the city If the court rules against the mayor’s New York City. The New York law would have limits. appeal and says that the legislature repealed a commuter tax for New York resi- On Friday, the New York State Supreme has the power to pass the tax, to pass dents, but not for non-residents. Court declared the tax unconstitutional for the bill under New York State law, it Foutunately, last Friday, the New York State New Jersey's commuters. However, New York still is going to hold the unequal appli- Supreme Court ruled that the New York law is City has already vowed to appeal this deci- cation unconstitutional, because that indeed unconstitutional. I am pleased at this sion. Despite this temporary reprieve for New part of the decision has not been ap- outcome, but not surprised. This was such a Jersey commuters, this matter is far from re- pealed. blatant attempt at discrimination; I don't know solved.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00035 Fmt 7634 Sfmt 9920 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5030 CONGRESSIONAL RECORD — HOUSE June 29, 1999 That is why we must pass H.R. 2014 today. (2) rejects such acts of intolerance and denounce these acts of arson and to It will prevent New York, or any other state, malice in our society and interprets such at- raise money to rebuild the damaged from taxing commuters unfairlyÐand in a New tacks on cultural and religious institutions synagogues. While these steps by the as an attack on all Americans; community are to be applauded, as York minute, it would end the Big Apple's dis- (3) in the strongest terms possible, is com- crimination against 240,000 New Jersey resi- mitted to using Federal law enforcement Members of Congress, we must stand dents. personnel and resources to identify the per- together and condemn these acts to en- Mr. Speaker, the poem on the base of New sons who committed these heinous acts and sure that similar events do not take York City's Statue of Liberty reads, ``Give me bring them to justice in a swift and delib- place in the future in other commu- your tired, your poor, your huddled masses erate manner; nities throughout this Nation. yearning to breathe free.'' It seems that poet (4) recognizes and applauds the residents of These malicious deeds are reminis- Emma Lazarus could have been talking about the Sacramento, California, area who have cent of the church burnings that oc- New Jersey's commuters, who are tired of so quickly joined together to lend support curred in 1996 throughout the south. and assistance to the victims of these des- bearing this unfair tax burden. picable crimes, and remain committed to The event that took place in Northern New York State's action deserves a Bronx preserving the freedom of religion of all California earlier this month illus- cheer. Let's pass this legislation today. members of the community; and trates that such crimes are, unfortu- Mr. NADLER. Mr. Speaker, I yield (5) calls upon all Americans to categori- nately, still possible. back the balance of my time. cally reject similar acts crimes of hate and This resolution expresses our resolve Mr. GEKAS. Mr. Speaker, I have no intolerance. to ensure that such acts of ignorance further requests for time, and I yield The SPEAKER pro tempore. Pursu- and bigotry will not be tolerated and back the balance of my time. ant to the rule, the gentleman from those who commit them will be The SPEAKER pro tempore. The Pennsylvania (Mr. GEKAS) and the gen- brought quickly to justice. It con- question is on the motion offered by tleman from New York (Mr. NADLER) demns these specific acts of arson in the gentleman from Pennsylvania (Mr. each will control 20 minutes. the Sacramento area, while also af- GEKAS) that the House suspend the The Chair recognizes the gentleman firming our strong opposition to all rules and pass the bill, H.R. 2014. from Pennsylvania (Mr. GEKAS). such crimes of intolerance. It states in The question was taken; and (two- GENERAL LEAVE the strongest terms possible that we thirds having voted in favor thereof) Mr. GEKAS. Mr. Speaker, I ask unan- are committing Federal law enforce- the rules were suspended and the bill imous consent that all Members may ment personnel and resources to iden- was passed. have 5 legislative days within which to tify the persons who committed these A motion to reconsider was laid on revise and extend their remarks on H. heinous acts and bring them swiftly to the table. Res. 226. justice. f The SPEAKER pro tempore. Is there Mr. Speaker, it is still disturbing EXPRESSING SENSE OF HOUSE objection to the request of the gen- that while great men and women in our CONDEMNING ACTS OF VIOLENCE tleman from Pennsylvania? Nation’s history had the courage and AT THREE SACRAMENTO, CALI- There was no objection. determination to strive to overcome FORNIA, SYNAGOGUES Mr. GEKAS. Mr. Speaker, I yield the the barriers of oppression, intolerance, Mr. GEKAS. Mr. Speaker, I move to balance of my time to the gentleman and discrimination in order to ensure suspend the rules and agree to the reso- from California (Mr. OSE) and ask fair and equal treatment for every lution (H. Res. 226) expressing the sense unanimous consent that he may be per- American, acts of such malice as these of the House of Representatives con- mitted to control that time. occur even now as we approach the 21st The SPEAKER pro tempore. Is there demning the acts of arson at three Sac- Century. objection to the request of the gen- Mr. Speaker, I ask my colleagues to ramento, California, area synagogues tleman from Pennsylvania? join me in showing condemnation of on June 18, 1999, and affirming its oppo- There was no objection. the recent arson of three Sacramento sition to such crimes. Mr. OSE. Mr. Speaker, I yield myself The Clerk read as follows: synagogues and lend their support to such time as I may consume. House Resolution 226 on the floor H. RES. 226 Mr. Speaker, I rise today in support today. Whereas on the evening of June 18, 1999, in of House Resolution 226. I am bringing Mr. Speaker, I reserve the balance of Sacramento, California, the Congregation House Resolution 226 to the House floor B’nai Israel, Congregation Beth Shalom, and my time. Kenesset Israel Torah Center were victims of with strong bipartisan support and 75 Mr. NADLER. Mr. Speaker, I yield malicious and cowardly acts of arson; cosponsors. In addition, I want to ap- myself such time as I may consume. Whereas such crimes against our institu- plaud my colleagues, the gentleman Mr. Speaker, I rise in support of this tions of faith are crimes against us all; from California (Mr. MATSUI) and the resolution. In 1963, the 16th Street Bap- Whereas we have celebrated since our Na- gentleman from California (Mr. POMBO) tist Church in Birmingham, Alabama, tion’s birth the rich and colorful diversity of for their hard work in helping me get was dynamited by the Ku Klux Klan. its people, and the sanctity of a free and this bill to the floor with such strong The killing of four African American democratic society; support. This resolution condemns the girls preparing for a religious cere- Whereas the liberties Americans enjoy are attributed in large part to the courage and recent acts of arson at three Sac- mony, shocked the Nation and acted as determination of visionaries who made great ramento synagogues. a catalyst for much of the civil rights strides in overcoming the barriers of oppres- Mr. Speaker, I am saddened today movement. sion, intolerance, and discrimination in that I have to be here on the House Last week, under the cover of dark- order to ensure fair and equal treatment for floor to speak about this tragic event. ness, three Sacramento area syna- every American by every American; However, this resolution is necessary gogues were targeted and set ablaze in Whereas this type of unacceptable behavior due to the cowardly acts of arsonists equally cowardly acts of hate. I rise to is a direct assault upon the fundamental still at large. condemn these and all similar acts of rights of all Americans who cherish their On the evening of June 18, three Sac- hate that should shock and shame our freedom of religion; and Whereas every Member of Congress serves ramento area synagogues, the Con- National conscience. in part as a role model and bears a respon- gregation B’nai Israel, Congregation This atrocity, like the wave of sibility to protect and honor the multitude Beth Shalom, and the Kenesset Israel church burnings across the South, il- of cultural institutions and traditions we Torah Center, were targeted and set on lustrates the need for continued vigi- enjoy in the United States of America: Now, fire by one or more arsonists, causing lance for this resolution and for the therefore, be it more than $1 million in damage. While passage of the hate crimes prevention Resolved, That the House of the damage to property was severe, no act of 1999. Representatives— This legislation will make it easier (1) condemns the crimes that occurred in dollar amount can reflect the true Sacramento, California, at Congregation damage done when vicious crimes such for Federal authorities to prosecute ra- B’nai Israel, Congregation Beth Shalom, and as these strike a community. cial, religious, and ethnic violence, in Kenesset Israel Torah Center on the evening Sacramento and the surrounding the same way that the Church Arson of June 18, 1999; communities have banded together to Prevention Act of 1996 helped Federal

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5031 prosecutors combat church arson, by Mr. MATSUI. Mr. Speaker, I yield ican principles of religious freedom and loosening the unduly rigid jurisdic- myself such time as I may consume. diversity. The responsibility to con- tional requirements under Federal law Mr. Speaker, I would like to thank demn these acts is shared by all of us. for prosecuting such arson. the gentleman from California (Mr. When an act of destruction is commit- Under this legislation, the States LEWIS) for those comments that he just ted at any institution of faith, there will continue to take the lead in the made. He has been a distinguished are wounds and wounds run very deep. prosecution of the more than 50,000 Member of Congress, and certainly in But what helps us is there is somebody hate crimes reported since 1997, but the the State assembly when he was there, to be there with you, and today, Justice Department will be able to pro- and we appreciate his efforts. through this resolution, on a biparti- vide the backup and resources nec- Mr. Speaker, I rise in support of this san basis, we send the message that essary to ensure that such hate crimes resolution. I would like to express my bigotry and hate will not be tolerated do not go unpunished. gratitude that it is being considered by and that we choose to stand together As Members of Congress, the syna- the House with such dispatch. I appre- as people who celebrate and embrace gogue arsons give us further notice ciate the leadership for bringing this our religious freedom and join with that our work in addressing hate up in a very timely fashion. This is a those who would heal our communities crimes is not complete. We should very important issue to Sacramento when others seek to divide us. move forward on pending legislation. and actually all Americans who abhor Mr. Speaker, Sacramento has been a I encourage the Sacramento commu- intolerance. perfect example, an inspiration of how nity to stand together and to rebuild Mr. Speaker, I would like to thank a community must respond when such the fabric of its community. From the my California colleagues, the gen- acts occur. The reaction was so swift ashes of hate, let us build the garden of tleman from California (Mr. OSE), the and overwhelming in support of the hope and unity. I urge the passage of gentleman from California (Mr. DOO- Sacramento Jewish community. Just a this resolution. LITTLE), the gentleman from California week ago last night, over 5,000 people Mr. Speaker, I yield the balance of (Mr. POMBO), the gentleman from Cali- my time to the gentleman from Cali- from every corner of our community fornia (Mr. HERGER), the gentleman gathered together to renew our com- fornia (Mr. MATSUI) and I ask unani- from California (Mr. CONDIT), the gen- mous consent that he be permitted to munity fabric. Over 50 public officials, tleman from California (Mr. THOMP- manage the remainder of the time. including Mayor Joe Serna attended; SON), and the gentlewoman from Cali- The SPEAKER pro tempore. Is there the entire Sacramento City Council, fornia (Ms. WOOLSEY), and many others objection to the request of the gen- including Councilman Jimmie Yee, who have given us the strong support tleman from New York? whose own home had been firebombed There was no objection. from Sacramento County. We appre- in 1993, the County Board of Super- Mr. OSE. Mr. Speaker, I yield 3 min- ciate their concern very much. Also visors, and every member of every cler- utes to the gentleman from California the gentleman from California (Mr. gy in our community was there to lend (Mr. LEWIS). LANTOS), who has been at the forefront support. Abe Foxman, the national di- Mr. LEWIS of California. Mr. Speak- on the issue of fighting hate crimes in rector of the Anti-Defamation League er, I thank my colleague for yielding America. and a Holocaust survivor, flew in from me this time. On June 18, Mr. Speaker, under cover New York to be there. Seventeen peo- Mr. Speaker, most of my friends of darkness, at 3 in the morning, a cow- ple in all spoke during this three hour know that I had the privilege of spend- ardly act was committed against three community service. ing a decade of my life in Sacramento Sacramento synagogues. Within a pe- There was not a single element in our while serving as a member of the State riod of 45 minutes, Congregation B’nai community unrepresented, and the ef- legislature between 1968 and 1978. Dur- Israel, Congregation Beth Shalom and fect was powerful and the message was ing that time, Sacramento virtually Kenesset Israel Torah Center were set clear. Plans are already in motion to became, for Arlene and myself, our sec- afire in an act of deliberate and pre- not only rebuild the targeted syna- ond home. meditated hate. Our hearts went out to gogues, but also to build them a Mu- The moment I heard of this horrid Rabbi Brad Bloom, Rabbi Joseph seum of Tolerance so we can learn from act, I could not help but immediately Melamed, Rabbi Stuart Rosen, Rabbi this experience and grow from it. call my brother-in-law, who is a part of Mona Alfi and all of their Congrega- tions when we heard what happened. the Jewish community in Sacramento, b 1615 Bill Brodovsky, and share our own con- In all, over $1.2 million in damages cern about this expression of violence was done to these three temples. But A proposal has been made to rein- in our society. even more than the dollar amount, state a program called ‘‘A World of Dif- It is very, very clear that the fringe there was the destruction of over 5,000 ference’’ to teach children in our public elements who are involved in this kind books, many of which are irreplace- schools about culture diversity of vicious act are a very small number able, from which the hundreds of throughout the world and the need for in our society. They reflect those peo- congregants and children studied Bar tolerance. Secretary Andrew Cuomo ple who are motivated by fear. We can- and Bat Mitzvahs. And now the memo- came to Sacramento to announce that not allow the worst in our society to ries of these ceremonies, the traditions the Department of Housing and Urban dominate any piece of our society. practiced, and the rites of passage ex- Development will be able to use a spe- So I want to express my deep appre- perienced by so many will be forever cial fund to guarantee loans to rebuild ciation to the gentleman from Califor- altered. This was the largest collection those temples. nia (Mr. OSE) and the gentleman from of works actually west of the Mis- By supporting this resolution, Mr. California (Mr. MATSUI) for the effort sissippi, all destroyed by the arsonists Speaker, we as Members of Congress they put together here in a bipartisan, and hate criminals. call attention to these efforts to make nonpartisan sense to make sure that Some individuals during this evening our communities whole and to reaffirm the Congress’ voice, this Hall of Free- placed their own lives in jeopardy to our opposition to cowardly acts of dom’s voice, is heard clearly. save sacred Torahs. Many rushed into hate. Beyond that, Mr. Speaker, the reac- the burning buildings, alerting fire When I heard of these attacks early tion in Sacramento is so impressive. fighters of the places where the sacred in the morning on June 18, I recalled The best of the community has come texts could be found. Every Torah was Crystal Night. Many of my colleagues forth, of all faiths. People of all back- saved, including several that had al- are familiar with that terrible night in grounds who believe in that commu- ready been rescued from European syn- 1938 when non-Jews across Europe took nity are coming together in a level of agogues destroyed during the Holo- to the streets, often going to neighbor- unity we have not seen for years. It is caust. Even in the dark of night there ing towns where they were not known, a reflection of the best of America, a were heroes in Sacramento to be found. to shatter the windows of synagogues credit to Sacramento, and indeed, it is It matters little in which community and the windows of homes and shops of a credit to those who represent Sac- these acts occur, because the injury is Jews. The message was, ‘‘You are not ramento here in the House. borne by everyone who values Amer- welcome here.’’ It was a pivotal

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5032 CONGRESSIONAL RECORD — HOUSE June 29, 1999 moment in the emergence and accept- that we protect our Jewish commu- are Christians, Muslims, Jewish, ance of the rise of anti-Semitism in nities by punishing and condemning Hindu, Buddhists and much, much Europe. those who pose a threat to these places more. More importantly, we are Ameri- Well, that night was not and will of worship and to any places of worship cans. never be repeated as long as commu- throughout our land. The attacks on three synagogues in nities such as Sacramento come to- Public demonstrations of anti-Semi- Sacramento, California, last week may gether in the way it did in the wake of tism in our Nation have skyrocketed have been directed against those of the this terrible affront to all of us. over the past 20 years. Our Nation has Jewish faith, but they are not, they are Let me quote in conclusion, Mr. gone from 489 incidents per year of an attack against all of us. They are an Speaker, from the Reverend Martin anti-semitic vandalism, harassments, attack against America and all that Niemoller, who had the belief that the threats and assaults in 1980 to a horri- she stands for. They are an attack on community was responsible for its own fying 1,611 incidents just this past year. our constitution, our liberty and our members. He was an outspoken advo- And in a time which is supposed to be freedom. cate of accepting collective guilt for honored by racial and ethnic tolerance, Mr. Speaker, if this was an attack what happened to the Jews during the it is yet to be seen in the Jewish com- against Jews, then I am a Jew, for an Holocaust. He said, ‘‘In Germany, the munity. Many of these anti-semitic act of violence against a synagogue is Nazis came first for the Communists, acts have been directed at synagogues, an attack on the church, an attack on and I didn’t speak up because I was not the Jewish place of prayer. the mosque, an attack on the temple. I, a Communist. Then they came for the With the recent tragedy in Sac- for one, will not sit idly by. I will not Jews, and I didn’t speak up because I ramento of three synagogues who were sit silent. The people who committed was not a Jew. Then they came up for attacked by firebombs, there is no bet- this crime will be caught, and they will the trade unionists, and I didn’t speak ter time to deal with this issue than be punished. Let the word go forth up because I was not a trade unionist. now. In the past 5 years there have from this House, from this place, this Then they came for me, and by that been 39 displays of arson attacks on day that there is no place in our great time there was no one to speak up for synagogues. These actions of anti-Sem- Nation for hatred, intolerance or dis- anyone.’’ itism are unacceptable. It is our duty crimination. Let us say today through That is why we are here today to sup- to deem these actions intolerable by this resolution that we are one Nation, port this joint resolution on a biparti- condemning and by enacting not only one House, one family, the American san basis, and I urge the adoption of it. proper resolutions but also by properly House, the American family. Mr. Speaker, I reserve the balance of enforcing our laws. my time. The misconception of hate crimes are Mr. OSE. Mr. Speaker, I yield 2 min- Mr. OSE. Mr. Speaker, I yield 31⁄2 that they affect only the group they utes to the gentleman from California minutes to the gentleman from New are directed toward. But everyone is af- (Mr. POMBO). York (Mr. GILMAN). fected by hate crimes, not just the vic- Mr. POMBO. Mr. Speaker, I would (Mr. GILMAN asked and was given tims. like to rise in strong support of this permission to revise and extend his re- In closing, let me note that about 5 resolution. And I know that all the marks.) years ago many of our colleagues Members of the House have a great Mr. GILMAN. Mr. Speaker, I rise in joined with me to renounce the fire concern over what happened in Sac- strong support of this measure, H. Res. bombings of African American church- ramento, but I would like to point out 226, and hopefully this resolution will es then plaguing the south. That was two of my colleagues, the gentleman help us to take an important step in a just as much an assault on the rights of from California (Mr. MATSUI) and the very important issue, the end to anti- all of us as these recent cowardly acts gentleman from California (Mr. OSE), Semitism and crimes of hate in our Na- in Sacramento. Denying anyone the who immediately saw the value in tion. freedom to worship is a threat to the bringing this resolution to the floor. I commend my colleague, the gen- freedom of all of us. As Martin Luther Last week three synagogues were tleman from California (Mr. OSE), and King, Jr., often reminded us, an act of burned in Sacramento, just a short dis- his California colleagues whose efforts hatred directed toward one group af- tance away from my district. Unfortu- and hard work have brought this issue fects all groups. nately, crimes and especially ones of to the floor today. With this in mind, let us come to- hate and bigotry are nothing new in As has been noted, on the evening of gether as a country and condemn all this day and age, but for me this act of June 18, 1999, just a few weeks ago, the acts of hatred. violence has hit way too close to home. congregations of B’Nai Israel, Beth Mr. MATSUI. Mr. Speaker, may I in- Shalom, and Knesset Israel Torah Cen- We now know, especially after the quire of the time I have remaining? events of World War II, that when a ter in Sacramento fell victim to vi- The SPEAKER pro tempore (Mr. synagogue is burned, not only is it an cious actions of hatred as they watched PEASE). The gentleman from California attack on the worshipers of that syna- their synagogues burn to the ground. (Mr. MATSUI) has 111⁄2 minutes remain- gogue, it is an attack on the decency Today, we rise to reject such mali- ing. and tolerance and the most basic of cious actions of intolerance in our soci- Mr. MATSUI. Mr. Speaker, I yield 3 human rights. When a criminal burns a ety and send a message to those who minutes to the gentleman from Geor- synagogue or any place of worship, he inflict crimes of hate on cultural and gia (Mr. LEWIS), the civil rights leader or she is directly assaulting our Con- religious institutions as attacks on all of America. of us. This resolution recognizes and Mr. LEWIS of Georgia. Mr. Speaker, stitution’s first amendment, freedom of applauds the Sacramento residents who I want to thank the gentleman from speech, which directly protects our freedom of religion. have lent their support and assistance California (Mr. OSE) and the gentleman to the members of the synagogues and from California (Mr. MATSUI) for bring- I appreciate the work that my col- calls upon all Americans to categori- ing this resolution to the floor. I rise leagues, the civic and religious leaders cally reject similar crimes of hate and to support this resolution and to con- in our community, including Rabbi intolerance. We must commit our Fed- demn the acts of hatred and intoler- Jason Gwasdoff of Temple Israel in eral law enforcement personnel and re- ance which require it. Stockton, and all that my constituents sources to identify the individuals who Mr. Speaker, we live in a country have done as a result of these particu- committed these malicious arsons and rich with diversity. It has been de- larly disturbing crimes. They have bring them to justice. scribed as a melting pot, a mosaic, a truly come together as partners and The synagogue not only serves as a tapestry. But what unites us as a Na- peacemakers. place of prayer but also as an icon for tion and as a people is our belief in our Hatred is nurtured by indifference. It the Jewish community. It serves as a constitutional democracy and the right is often said that the easiest way for home away from home and a place of all our citizens to live, work and evil to triumph is for good men to do where congregants join in prayer in worship in peace. We are black and nothing, and I firmly believe this to be times of joy and tragedy. It is essential white, red and yellow and brown. We true. In light of all these senseless acts

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5033 of hatred, I call on all Americans to re- Jewish people, you are attacking decency synagogue or a mosque or any place of dedicate themselves to the daily proc- and tolerance and the most basic of human worship, they will find a place of pray- ess of promoting peaceful co-existence rights. When you burn a synagogue, you are er and quiet contemplation and not the attacking freedom of worship, and freedom and tolerance, from the House of Rep- from fear, freedom to raise our children to charred remnants of a hateful act per- resentatives to houses across this love God and to see God’s face reflected in petrated by cowards in the night. We country, to prevent crimes like these the faces of fellow human beings. must work together as a Nation to from happening again. I am moved by the presence of my clergy safeguard the right of every American Mr. Speaker, I submit for the RECORD colleagues here today, and I thank you, my to pray in safety in their own house of the comments given on the steps of the Christian and Catholic and Muslim friends, worship. Stockton City Hall on June 22, 1999, by and I am thankful for the presence of these That is what America stands for. community leaders and fellow citizens, who Rabbi Jason Gwasdoff of Temple Israel. have come out to these steps to stand to- That is why thousands of Americans Last Friday I was awakened by the tele- gether in solidarity to make a statement have laid down their lives over the cen- phone at about 7:15 a.m. When the phone against hatred and intolerance. It has no turies, Mr. Speaker, to protect the rings at that hour in my house, it usually place in our community, not in Sacramento, lives of all Americans; to protect their means that something is wrong, that some- and not in Stockton, not anywhere in our right to worship as they choose, if they one in my congregation has died, or has been state or nation. We send a united message choose; to worship in safety; to worship rushed to the hospital, or that some bad today to the outlaws and hate mongers, in peace and free of violence. To suc- thing has befallen a member of my own fam- wherever they are, that such acts will not be ily. tolerated. ceed in making our society free of hate, The voice at the other end of the line was The difference between a synagogue burn- racism and discrimination, we cannot Karma, our Temple administrator. She told ing in Europe 50 years ago, and a synagogue tolerate random acts. We must punish me briefly of the events that transpired in burning in Sacramento last week, is that we these folks based on hateful crimes. Sacramento earlier that morning, about the now have a government, and community and Mr. Speaker, I support this resolu- unbelievable news of three synagogues religious leaders who will respond, and who tion. I want the rest of the Congress to firebombed in the space of 45 minutes. will stand with us—who will not tolerate support this resolution and to pass leg- I turned on my television to catch the these kinds of acts. Bigotry is nurtured by news and I saw a horrifying sight. It was a indifference. There is no indifference in this islation that will help prevent and put synagogue building totally engulfed in gathering today. And neither are we afraid. a stop to these hate crimes once and flames, a building I had visited just a few The message that I gave to my congregation for all. months ago while visiting a friend and col- last Friday night, and the one I want to re- Mr. OSE. Mr. Speaker, I yield 3 min- league who leads that congregation. peat here today, is that they will not be in- utes to the gentleman from California As you can imagine I was shocked and dis- timidated. (Mr. BILBRAY). mayed by what I saw. I felt a rush of emotion The best way to respond to these senseless Mr. BILBRAY. Mr. Speaker, it is my acts of hatred is to be strengthened in our .. . anger, sadness, disbelief. honor to rise today in support of this No, it was not the first time I have seen resolve . . . to continue to worship and cele- footage of synagogues in flames. That scene, brate and to cherish our rich heritage, people resolution, and I want to thank the unfortunately, is far too familiar. You see, of all faiths, and all walks of life, and to sew gentleman from California (Mr. OSE) I’ve seen, like many here, I’m sure, the docu- the seeds of righteousness. That is what we and the gentleman from California (Mr. mentaries on the Holocaust, and I’ve visited will do, that is what we must do. MATSUI) for bringing this resolution the museums and exhibits. The history we We will teach our children to be proud up. know. Americans, and, in my community, to be Mr. Speaker, I am proud to be a co- Fifty years ago in Europe, almost all of the proud Jews. We will teach them that they are lucky to live in a country and in a time sponsor of this resolution , and I want synagogues were burned, a precursor to the to thank my colleagues who will sup- extermination of two-thirds of European when they do not have to be afraid. Jewry, six million men, women, and chil- There is a famous saying in Jewish tradi- port this resolution, I am sure, and dren—murdered. tion that the whole world is a very narrow send a very clear and distinct message. But this was different. I was not watching bridge, and the most important thing is not I think we need to clearly define our documentary footage, and these events were to be afraid. We walk together you and I, and opposition to the stupidity and the ig- not 50 years, a full continent, and an ocean all people, on the same narrow bridge, for norance of the actions that have oc- this is a small world that we must learn to away. This was happening right here and curred around Sacramento, and not now, just an hour away, on our back door- share. But when we support each other, when we only for the Jewish community alone step, in Sacramento, in this great State of but for everyone of faith, to identify California where I was born and raised, in stand united, as we do today, there is no rea- our country of freedom and democracy and son for us to be afraid. the fact that religious intolerance is pluralism, the United States of America. Mr. MATSUI. Mr. Speaker, I yield 3 something this country was founded to Yes, this sight of a synagogue in flames minutes to the gentlewoman from Cali- oppose. was very different indeed and it had an en- fornia (Ms. WOOLSEY). It is all too often in the recent past tirely different meaning. (Ms. WOOLSEY asked and was given that we have seen acts of violence When I went to my office later that morn- permission to revise and extend her re- against religious institutions. And it ing, the inevitable calls started coming in, marks.) does not matter, Mr. Speaker, under the local newspaper and television media Ms. WOOLSEY. Mr. Speaker, I rise in asking for a statement, members of my con- our Constitution, if that religious in- gregation who heard the news and wanted to support of this resolution and to ex- stitution is Jewish, is Muslim, is Chris- talk or wondered aloud what we could do to press my personal outrage over the re- tian or is Buddhist. It is the concept help. cent arson attacks on three synagogues that those of us in the United States What I didn’t expect or anticipate, how- in the Sacramento area. have not only the absolute right but we ever, was the calls and visits from fellow It is hard to imagine a more depraved have the responsibility to express our- clergy from the interfaith community ex- and senseless act of violence than the selves in a spiritual way and to express pressing their concern and support and out- destruction of a place of worship. These our religious feelings, not in hiding rage. They wanted to make sure that I was arsons struck at the very heart and O.K., and they wanted me to know that they down in some catacomb but in the open cared. It was a wonderful outpouring of love soul of the Jewish community, but the and in the bright daylight, and that and fellowship, a recognition that we are pain and anguish of these fires can be our churches, our synagogues, our united in our mutual concern for one an- felt here in Washington as well and mosques, and our temples need to be other, and united on our zealousness to safe- throughout our Nation by people of all made a figure of appreciation, not a guard the values upon which our country is religions, all races and all creeds, peo- target of violent, stupid attacks. built. ple who value acceptance, who value b 1630 Three synagogues were burned in Sac- diversity and religious freedom. ramento, an hour away, but the message I Whether or not these arsons were co- I am grateful for the chance to be was hearing loud and clear is that we are all ordinated, it is clear that hateful hos- able to articulate that issue. But let in this together. Anti-Semitism and bigotry, me just say strongly I think the people of all kinds, is nothing new, but we know tility was the driving force behind now, especially after the events of WWII and these reprehensible incidents. They of Sacramento have built on this trag- after the events of these past few months in must and they will stop. edy by identifying that they want to Kosovo, that when you burn a synagogue in Every family has a right to expect not only rebuild the synagogues but Sacramento, you are not only attacking the that when they walk into a church, a also to create a museum of tolerance to

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5034 CONGRESSIONAL RECORD — HOUSE June 29, 1999 point out the need for religious toler- Ms. JACKSON-LEE of Texas. Mr. Of the 10,496 victims in 1995, 68 percent ance in this society. Speaker, let me thank both the gentle- were targets of crimes against persons. Six of I want to thank both my colleagues men from California for their kindness every 10 victims were attacked because of again for bringing this up, because it and, as well, the opportunity to come race, with bias against blacks accounting for gives us the chance to remind ourselves to this floor and in a most humble, bi- 38 percent of the total. Only crimes motivated that religious tolerance is one of the partisan manner. by religious bias showed a higher percentage building blocks that make this country I notice that the legislation talks of crimes against property rather than per- as great as it is today. about the acts of arson in Sacramento, sons. Sixty-two percent of incidents involving Mr. MATSUI. Mr. Speaker, I yield 3 California. But I rise, coming from victims targeted because of their religion in- minutes to the distinguished gen- Texas, to simply say that this vote, volved crimes against property. tleman from California (Mr. FARR) the this statement today on the floor of Let's do away with expressing the sense of chair of the California Congressional the House, is a signal that the United condemnation and put forward legislative ac- Delegation. States Congress collectively, with all tion that will remedy these senseless acts of Mr. FARR of California. Mr. Speaker, backgrounds of religion, stands against crime. I stand here today to say let's pass I thank the gentleman for yielding me this kind of hatred and religious perse- H.R. 1082, Hate Crime Prevention Act of the time. cution. Mr. Speaker, in an area where we 1999. We will not tolerate anyone believing This bill will amend the Federal criminal often have political debate, this is one that we would allow the simple law en- where we have bipartisan unanimity. code to set penalties for persons who, wheth- forcement, and I know they are work- er or not acting under color of law, willfully And I appreciate it. ing steadfastly in California, the com- I rise today on behalf of the citizens cause bodily injury to any person or, through munity of Sacramento, the religious the use of fire, a firearm, or an explosive de- of the central coast of California to institutions of California, to them- condemn the despicable arson attacks vice, attempt to cause such injury, because of selves suffer this burden alone. It is im- the actual or perceived: (1) race, color, reli- on the three synagogues in our State’s portant for us to acknowledge that, capital in Sacramento. This was un- gion, or national origin of any person; or (2) under this flag and this floor of our religion, gender, sexual orientation, or disabil- questionably an act of domestic terror- glorious Nation, that we believe that ism, one that strikes at the very heart ity of any person, where in connection with the religious freedom is the utmost of offense, the defendant or the victim travels in of America’s founding principles, the rights and privileges and the hateful principles of freedom and tolerance to- interstate or foreign commerce, uses a facility acts of attacking a synagogue stands ward all. or instrumentality of interstate or foreign com- as an attack against me and all of my The destruction of these houses of merce, or engages in any activity affecting constituents and all of those across worship, which should be safe havens, interstate or foreign commerce, or where the free of violence, was truly an act of this Nation. Just 2 years ago, I had to face, as an offense is in or affects interstate or foreign cowards. While this tremendously sad African-American, the ugly hatred of commerce. loss for congregations affects us, we Mr. Speaker, let me reiterate my support for religious persecution and racism with have to look at the citizens of Sac- this resolution to express a sense of con- respect to attacks on black churches. ramento and the reactions of those demnation. But I say we need to have a hear- All of the Nation rose up. The Jewish citizens that have proven that the per- ing and pass H.R. 1082, ``The Hate Crime petrators will never, never succeed in community was particularly strong and supportive, understanding what oc- Prevention Act of 1999''. It is by passing this their mission to terrify and silence the legislation we can be known as a House of Jewish community. curs. That is the kind of brotherhood and sisterhood this resolution rep- action rather than one of rhetoric. I have been heartened to watch the Mr. MATSUI. Mr. Speaker, I yield resents, that we want all to hear that people of all religions and ethnicities myself such time as I may consume. we will find them wherever they are come together to rebuild the syna- Mr. Speaker, before I call my last and will always stand in the way of re- gogues, at the same time, really to re- speaker, the gentleman from California build the community spirit and our ligious persecution. I also believe, Mr. Speaker, that this (Mr. LANTOS), I would just like to take spirit as a Nation. Let us make it clear this opportunity, as I said earlier, to that this act has not torn this commu- is an appropriate time that we can join together and have hearings on the Hate thank the leadership for bringing this nity apart but has united and energized matter to the floor. them to preserve our fundamental Crimes Act and pass that legislation, because that will be the final capping, I would like to thank the gentleman right to freedom of religion. I honor from California (Mr. OSE), the gen- their effort. On behalf of the constitu- if you will, that we will not tolerate these kinds of acts. tleman from California (Mr. POMBO), ents, I urge all law enforcement agen- the gentleman from California (Mr. cies involved to work together and to To my law enforcement friends I say, find them, prosecute them, and let HERGER), the gentleman from Califor- bring the criminals to swift justice. nia (Mr. DOOLITTLE), the gentleman Mr. MATSUI. Mr. Speaker, may I in- them understand that the Constitution from California (Mr. CONDIT) and the quire of the Speaker the remaining of the United States and the resolution gentleman from California (Mr. THOMP- time on my side? we pass today stands as a united docu- The SPEAKER pro tempore (Mr. ment with the united people. We stand SON) for being a unified Northern Cali- fornia delegation in favor of this reso- PEASE). The gentleman from California together for religious freedom, for reli- lution, but particularly the gentleman (Mr. MATSUI) has 8 minutes remaining. gious opportunity, and for the Con- The gentleman from California (Mr. stitution and the beauty of this Nation from California (Mr. OSE) who has taken the lead on this issue as a new OSE) has 41⁄2 minutes remaining. that we all are created equal. Mr. OSE. Mr. Speaker, I know of no Mr. Speaker. I rise in support of this resolu- Member of the House of Representa- other Members on my side who wish to tion but must also state that we need to do tives. speak. I yield 4 minutes to the gen- more. Instead let's have a hearing for H.R. I also would like to thank the gen- tleman from California (Mr. MATSUI), 1082, the ``Hate Crime Prevention Act of tleman from Michigan (Mr. CONYERS) and I reserve the right to close. 1999'', and pass this legislation as expedi- of the Committee on the Judiciary for The SPEAKER pro tempore. The tiously as possible. yielding time to me to handle this leg- Chair corrects itself. The gentleman I am not against the condemnation of the islation. from California (Mr. MATSUI) has 6 arson that was committed on the Sacramento Mr. Speaker, I yield the balance of minutes remaining and has just been California area Synagogues. In actuality, I too the time to the gentleman from Cali- yielded an additional 4 minutes. speak out against this horrendous crime. This fornia (Mr. LANTOS), who is a gen- Mr. MATSUI. Mr. Speaker, I yield 3 is not the first time that we have presented a tleman who has been well-known as an minutes to the gentlewoman from resolution in the House. We saw this with H. expert on the Holocaust, somebody Texas (Ms. JACKSON-LEE) a great leader Con. Res. 187 condemning the 156 fires in that all of us in this institution have a in civil rights. houses of worship across the nation since Oc- great deal of respect for, and really one (Ms. JACKSON–LEE of Texas asked tober 1991; whereas there had been at least of the leaders in the area of anti-hate and was given permission to revise and 35 fires of suspicious origin at churches serv- crimes, and in the area of tolerance in extend her remarks.) ing African American communities. America.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5035 Mr. LANTOS. Mr. Speaker, let me The SPEAKER pro tempore. The gen- ing that Levy’s son has begun studying mar- first express my deep appreciation to tleman from California (Mr. OSE) has 4 tial arts, jumped in the air to demonstrate a my dear friend the gentleman from minutes remaining. mock karate kick. Mr. OSE. Mr. Speaker, I yield myself ‘‘I’d never seen a rabbi do that before,’’ California (Mr. MATSUI) and to my new Levy said. ‘‘There’s an attraction (to chil- friend the gentleman from California such time as I may consume. dren) there.’’ (Mr. OSE) for taking the leadership on Mr. Speaker, this Sacramento Bee ar- Melamed has three children by his last this most important issue. ticle is about Carmichael Congregation wife, Rachel. His own childhood was steeped Let me identify myself, Mr. Speaker, Beth Shalom’s Rabbi Joseph Melamed, in scholarship. Born in Baghdad, he moved with all of the comments across the po- who was set to retire 6 days before his with his family to Jerusalem a few years be- litical spectrum that we have heard on synagogue burned. fore World War II broke out. He was sent to heder, Jewish religious school for the young, this issue today. I would like to read a portion of this article discussing the Rabbi’s courage at age 3. By age 5, he was reading from the This great magnificent and free soci- Torah, the Hebrew Bible’s first five books. ety has many pillars on which to stand and faith in the midst of this extreme He spent one week in first grade and three but none more important than freedom adversity. These are the Rabbi’s own days in third before fast-tracking to the fifth of religion and the respect for religion. words shortly after the arson of his grade. By high school, Melamed became dis- And when I say ‘‘religion,’’ I mean all synagogue. enchanted with the ultra-Orthodox brand of faiths. ‘‘It is dangerous to society. It is a Judaism practiced by his family. He began to step backward in our civilization if this read Russian, French and other non-religious It was not too long ago that we stood writers. He fell in love with poetry. He at- in this chamber talking about the is how we are going to conduct our af- fairs. We declare our enemy without tended high school at night and worked in a burning of black churches in the bookshop by day to pay his way, distanced South. While we have made enormous even seeing his face. That to me is an from his family by his secular pursuits. progress in recent years in tolerance of insult.’’ When he was 13, Melamed joined Haganah, all kinds, this past year there were Mr. Speaker, let us reflect on the an illegal paramilitary group that aimed to 8,000 hate crimes committed in the comments of Rabbi Melamed as we get the British out of then-Palestine. He learned how to handle grenades, pistols and United States, hate crimes motivated vote to condemn these cowardly acts of arson on the House floor today. other weapons. by intolerance, non-acceptance, dislike ‘‘The idea of being underground was very RETIRING RABBI TEACHES PEACE, NOT for people of a different gender, pig- appealing, very romantic,’’ he recalled Fri- RETRIBUTION mentation, national origin, sexual ori- day, half-jokingly adding, ‘‘It was a way to entation, and religion. (By Jan Ferris, Bee Religion Writer— meet girls.’’ Published June 20, 1999) Today we are here to express the When Israel’s War of Independence broke Rabbi Joseph Melamed of Congregation out in 1948, Melamed and the other young united voice of this body in recommit- Beth Shalom has lived a life rich in contrast. soldiers in his unit helped guard the out- ting ourselves to the concept of reli- He was a grade-skipping child prodigy and skirts of Jerusalem. His commander was gious freedom and to the absolute ne- a teenage paramilitary guard in the waning killed by Iraqi troops. ‘‘It was my first en- cessity of showing, in word and in deed, days of British-occupied Palestine. A lover of counter with real fear,’’ he said of the whole respect for all of our fellow citizens of literature and an intelligence officer in the ordeal. whatever religious faith they may Israeli Air Force. A Jew who shed his Ortho- Fast-forward a few years. Melamed was hold. dox roots early on for a more modern way. working in another bookstore, this time put- Since Friday’s arson attack on his Car- ting himself through college. Rabbinic stu- Mr. Speaker, words of hate lead to michael synagogue, the 65-year-old cleric is dents from the United States came in once acts of hate; and acts of hate, in their once again on divergent paths: Comforter or twice. He was intrigued by their moder- extreme form, escalate to mass mur- and healer for a congregation felled by hate, nity—in contrast to the long beards, head der, genocide, and holocaust. For the and celebrated spiritual leader who—in just coverings and other Orthodox customs—and last 10 or 11 weeks, every night when six days—will lead his last Sabbath services their ability to mesh the sacred and secular. we went home and watched our tele- before retiring. ‘‘You could actually be normal and look vision, we were watching this incred- The timing couldn’t have been worse. like everybody else and be a rabbi. This was ‘‘We would have preferred a cake and can- ible spectacle in 1999 of old men and old not the kind of rabbi I was accustomed to,’’ dles,’’ Beth Shalom member Don Aron said he said. women and little children and pregnant dryly, as he stood next to the police tape Within two weeks, Melamed was attending women being driven out of Kosovo be- surrounding the building Friday. Cincinnati’s Hebrew Union College, the main cause of their Muslim faith, and we And yet, because of Melamed’s gentle rabbinic training ground for the Reform were horrified and we are horrified touch, and his ability to turn even the most movement, the least traditional of Judaism’s daily as the new evidence of brutal heart-rending war story or current event three main branches. His first posting was to murder and mass rape are uncovered in into a parable on peace, many temple-goers a synagogue in Panama, whose members hamlets and villages across Kosovo. say they’re grateful he’s still around. were largely descendants of Spanish Jews Even in his Shabbat message Friday night, who secretly kept their faith alive despite We do not want to go down that road. delivered at another area synagogue that mandates to covert during the Inquisition. This society, built on religious free- loaned worship space, Melamed spoke not of He stayed in Panama 11 year, helping dom, this society, built on the respect retribution but of the need to ‘‘move ahead translate a Reform prayer book into Span- for the individual, must condemn with toward getting along with everybody,’’ said ish. He taught Hebrew to the archbishop of all the power at our command the mon- Mozell Zarit, president of Beth Shalom. Panama, and helped a Catholic university sters who have perpetrated this act of ‘‘He has a wonderful way of looking at develop a department of Judaic studies. torching places of worship. No words events . . . and to relate them to the world Melamed then went to Congregation B’nai around us,’’ she added. Israel in Frenso. One of the highlights of his are strong enough, Mr. Speaker, to de- Melamed has spent just a decade at Beth decade there: a local TV show, ‘‘A New nounce them. These are the scum of Shalom. But in that time, its membership Forum of Better Understanding,’’ than ran our society who are taking advantage has tripled to 220, with many more young weekly for six years, co-hosted by a Protes- of the freedom we all enjoy to express families than in past years. The congrega- tant pastor and Catholic priest. their hate for people of different eth- tion moved into new quarters, with the ‘‘His message to us has never been insular. nicity, religion, sex, or other aspect of words ‘‘The Light of the Lord is the Soul of it’s always been the community at large,’’ their being. Man’’ emblazoned on the large, brown wall said Jeff Levy. ‘‘When he’s talking about the facing El Camino Avenue. Hebrew, Jewish community, he’s not just talking about the No action by this Congress, however education and other classes for children and Jewish community.’’ weighty matters we may be dealing adults have flourished. That approach makes events like Friday’s with, is as important in preserving our Jeff Levy and his family joined the temple arson attack, which caused an estimated society than the action we will be tak- shortly after Melamed arrived, drawn in $100,000 in damage to Beth Shalom, all the ing on this resolution. We will stand large part by his warm spirit. Melamed—who more hurtful and mystifying—especially for united in saying such things are not earned his doctorate through Hebrew Union Melamed. acceptable and will not be accepted by College in Cincinnati, and whose Carmichael ‘‘It is dangerous to society. it is a step backward in our civilization if this is how we the American people or the Congress of living room boasts 13 bookcases—also pos- sesses an ‘‘incredible brain,’’ especially on are going to conduct our affairs,’’ said the United States. Jewish issues, Levy said. Melamed. ‘‘We declare our enemy without Mr. OSE. Mr. Speaker, may I inquire But one of his lasting images of Melamed even seeing his face. That to me is an in- as to the time remaining? is of the diminutive cleric who, upon learn- sult.’’

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5036 CONGRESSIONAL RECORD — HOUSE June 29, 1999 With a batmitzvah or coming-of-age cere- for community activities, the homeless and MAURINE B. NEUBERGER UNITED mony for a teenage congregant Saturday hungry who line up for food. It is not just a STATES POST OFFICE morning, a final service to prepare and pack- despicable act of hatred and cowardice, it is ing to do, the rabbi’s final days were busy Mr. MCHUGH. Mr. Speaker, I move enough. Duty called again at 4 a.m. Friday not only an attack upon the Jewish commu- to suspend the rules and pass the bill when he got the phone call bearing bad news. nity, it is an attack upon all of us. It eats at the (H.R. 1327) to designate the United His role, especially in the first days as the fabric of our heritage and the history of our States Postal Service building located shock wears off, is to listen and comfort, he nation, as a country founded in the pursuit of at 34480 Highway 101 South in said. freedom of religion. I invite my colleagues to Cloverdale, Oregon, as the ‘‘Maurine B. ‘‘I have learned one thing: If in a time like join in supporting H. Res. 226 which con- Neuberger United States Post Office.’’ this I cannot bring my total bearing to bear, demns these heinous acts of arson at three The Clerk read as follows: when will I need it for?’’ he said. ‘‘I don’t California synagogues. allow something like this to take me off bal- H.R. 1327 ance, I cannot be a soldier fighting and wor- Ms. SCHAKOWSKY. Mr. Speaker, I Be it enacted by the Senate and House of Rep- rying about something else.’’ rise today in strong support of a reso- resentatives of the United States of America in lution condemning the acts of arson at Congress assembled, H. RES. 226ÐCONDEMNING ARSON OF THREE SECTION 1. DESIGNATION. SYNAGOGUES IN CALIFORNIA three Sacramento, California area syn- agogues on June 18, 1999. The destruc- The United States Postal Service building Mr. PORTER. Mr. Speaker, I rise today in located at 34480 Highway 101 South in support of H. Res. 219 and I want to thank the tion done to Congregation B’nai Israel, Congregation Beth Shalom, and Cloverdale, Oregon, shall be known and des- gentleman from California (Mr. LANTOS) for ignated as the ‘‘Maurine B. Neuberger United bringing this important resolution to the floor Kenesset Israel Torah Center was mali- States Post Office’’. cious and willful. I urge all of my col- so quickly. The gentleman from California (Mr. SEC. 2. REFERENCES. leagues to support the Resolution in- LANTOS) and I have worked together for many Any reference in a law, map, regulation, years as Co-Chairs of the Congressional troduced by the gentleman from Cali- document, paper, or other record of the Human Rights Caucus fighting injustices, fornia, and denounce these acts of hate. United States to the United States Postal human rights abuses, and religious persecu- As a Jewish Member of Congress I am Service building referred to in section 1 shall particularly sensitive to acts of anti- be deemed to be a reference to the ‘‘Maurine tion around the world. I have spent many B. Neuberger United States Post Office’’. hours fighting for the rights of Jews in the Semitism. The elected leaders of this The SPEAKER pro tempore. Pursu- former Soviet Union and other countries great country must never permit these ant to the rule, the gentleman from around the world. Nothing saddens me more types of actions to occur. The Jewish New York (Mr. MCHUGH) and the gen- than to stand here today and have to speak community has endured a great deal of tleman from Pennsylvania (Mr. out about acts of religious discrimination which persecution throughout history, and as FATTAH) each will control 20 minutes. occurred in our own country. Members of Congress it is our respon- The Chair recognizes the gentleman On June 18th, three synagogues in the Sac- sibility to provide a strong voice of op- from New York (Mr. MCHUGH). ramento area were set ablaze within minutes position to threatening acts of hate. Mr. MCHUGH. Mr. Speaker, I yield of each other. Pamphlets expressing anti-Se- The people of the 9th Congressional myself such time as I may consume. mitic rhetoric were found at two of the three District, whom I have the privilege to Mr. Speaker, the bill under consider- sites. The sole purpose of this act of hatred represent, pride themselves on the rich ation today, H.R. 1327, was introduced was to destroy Jewish places of worship, Jew- diversity that our district boasts. Di- on March 25, 1999, by the gentlewoman ish history and to create an atmosphere of versity in the 9th Congressional Dis- from Oregon (Ms. HOOLEY) and the fear within the Jewish community. trict is seen as a unique attribute, not Committee on Government Reform I commend the city of Sacramento, the state a threat. The recent acts of hate per- passed the measure by voice vote on of California and the hundreds of individuals petrated in Sacramento are an insult June 24. who have come forward in the past days, con- to me and to all Americans who cele- H.R. 1327 designates the United demning these acts and lending their support brate the diversity and ethnic tradi- States Postal Service building located to the congregations affected and the Jewish tions from which this country has ben- at 34480 Highway 101 South in community as a whole. It is heartening to see efited. An attack on any place of reli- Coverdale, Oregon, as the ‘‘Maurine B. that in the face of tragedy, the many who will gious worship is a threat to the free- Neuberger United States Post Office.’’ come together and rise above the evil per- dom of expression and religion that we b petrated by the few. all enjoy. 1645 We must stand up and condemn all of the I applaud my colleagues who have Mr. Speaker, the bill is cosponsored hate crimes which take place in this country taken a strong leadership role on this by all members of the House delegation and around the world. We can not expect to issue, and I would like to associate my- from the State of Oregon, pursuant to be the leaders of democracy and freedom self with the comments of those who the long-standing policy of the Com- around the world, if we allow actions such as have spoken on the House floor in sup- mittee on Government Reform and the burning of synagogues to go unnoticed on port of this resolution. It is important Oversight. Also, as a point of informa- our own soil. for this body, and Americans across the tion, post office naming bills do not af- Mr. HYDE. Mr. Speaker, three charred syn- country, to speak out against all fect direct spending or receipts; and, agogues, the air thick with the smell of burned crimes of hate. I am proud to support therefore, pay-as-you-go procedures do torahs, historical and religious books, video- this resolution. not apply. tapes, and pews, this was the scene on Fri- Mr. Speaker, I would like to say a day, June 18, 1999, in the pre-dawn hours, at Mr. OSE. Mr. Speaker, I yield back few words about the honoree of this three Sacramento County, California syna- the balance of my time. proposal. Maurine B. Neuberger is an gogues, Temple B'nai Israel, Congregation The SPEAKER pro tempore. The Oregonian to the core, having been Beth Shalom and Knesset Israel Torah Cen- question is on the motion offered by born in Cloverdale, Oregon, in 1907, at- ter. These houses of worship were set ablaze the gentleman from Pennsylvania (Mr. tending public school and completing within the span of a half-hour. Law enforce- GEKAS) that the House suspend the her education at Oregon College of ment officials believe that the arson was co- rules and agree to the resolution, H. Education and the University of Or- ordinated by several people. It was reported Res. 226. egon. She also attended the University that anti-Jewish fliers were found at two of the The question was taken. of California at Los Angeles. She met her future husband, Richard crime scenes. Mr. OSE. Mr. Speaker, on that I de- Neuberger, when she was teaching Arson of a place of worship is reprehensible mand the yeas and nays. to us as a society. We in Congress are unani- English and Physical Education in Or- mous in our condemnation of those who would The yeas and nays were ordered. egon. He had just been elected to serve express their hatred by destroying or damag- The SPEAKER pro tempore. Pursu- in the Oregon House of Representatives ing religious property. When a synagogue is ant to clause 8 of rule XX and the when he resigned to enlist in the Army damaged, the blow is felt not only by the con- Chair’s prior announcement, further during World War II. After his return, gregation members, but by all those whose proceedings on this motion will be Maurine and Richard were married. He lives are touched by it: the youth who show up postponed. then won a seat in the State Senate

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5037 and Maurine also decided to run for Neuberger is a most deserving individ- She was born in Cloverdale, Oregon, public office. She won a seat in the Or- ual, the kind of American to whom we in 1907 and still lives in Oregon today. egon House, making the Neubergers can all look for guidance and for inspi- She has worked hard throughout her the first husband and wife team to ration. I would certainly encourage all life and held careers in Oregon ranging serve simultaneously in the Oregon of my colleagues to join me in support- from a schoolteacher to a State rep- Legislature. ing the passage of this very worthy leg- resentative and then U.S. Senator. Maurine Neuberger did not seek re- islation. Maurine embodies all the traits that election to the Oregon House when her Mr. Speaker, I reserve the balance of we Oregonians hold near and dear. She husband was elected to the U.S. Senate my time. has worked hard; patriotism; she loves in 1955. After her husband, the Senator, Mr. FATTAH. Mr. Speaker, I yield this country and loves our State and died unexpectedly from cancer in 1959, myself such time as I may consume. has a deep-seated love for those around Maurine chose to run for her husband’s I am also honored to have the oppor- her and for public service. seat in 1960 and won, making her the tunity to participate in this very im- After her husband, United States second woman in our Nation’s history portant naming bill introduced by my Senator Richard Neuberger’s sudden and the first and, to date, the only colleague from the State of Oregon. I death in 1959, Maurine Neuberger ran woman from Oregon to serve in the want to first thank the majority chair- for and won her late husband’s seat to U.S. Senate. man, for he has continued to be gra- the U.S. Senate. As we have heard be- She made her mark in the Senate, cious and bipartisan in his leadership fore, Maurine was only the second Mr. Speaker, by fighting for consumer of the Postal Subcommittee. It has woman to serve in the U.S. Senate, and rights, civil rights, the rights of the been a pleasure to work with him. she is still the only woman from Or- poor, conservation, campaign finance On this occasion, we come to move a egon who has served in the other reform, and public health. As I am sure very important piece of legislation, be- Chamber. we will hear from later comments, she cause it recognizes something that all During her tenure in the United led the crusade to put warnings on cig- too often goes unmentioned, which is States Senate, Maurine became famous arette packages and is credited with that many, many States have had dif- for her fighting spirit and tireless cru- coining the phrase, ‘‘The Surgeon Gen- ficulty with the election of women to sades on behalf of consumers, public the United States Congress, House and eral has determined that smoking may health, campaign finance reform, Senate. I come from a State in which be hazardous to your health.’’ She which we are still dealing with today, we have among our congressional dele- worked diligently to establish a De- civil rights, and environmental con- gation at this point not one female partment of Consumer Affairs and to servation. She also played a crucial member. The State of Oregon has been improve packaging and labeling regula- role in President Johnson’s War on ahead of the game for a long time, and tions by the Food and Drug Adminis- Poverty. She became known as a prin- it is symbolized by the honor that is tration. cipled consensus builder with the polit- bestowed through this bill. Even while pursuing other issues, But rather than talk about the de- ical will to tackle the country’s most Senator Neuberger continued to re- tails, I would recognize my colleague pressing problems. member her home State and was in- and yield to her, since she is the spon- After cancer took her husband’s life, strumental in preserving the beautiful sor of this measure, the opportunity to Senator Neuberger led the fight in the coastline of Oregon while at the same explain its purpose and why it is that Senate to put warning labels on all cig- time working to attract tourism and the full committee under the leader- arette packages; and again, as we have programs to coastal towns and to re- ship of the gentleman from Indiana heard, it was Maurine who wrote the ducing poverty in rural areas in her actual words, ‘‘The Surgeon General (Mr. BURTON) and the gentleman from State. California (Mr. WAXMAN) and the Post- has determined that smoking may be She was known as a consensus build- al Subcommittee found it, I think, im- hazardous to your health,’’ a warning er, but she never backed down from portant to move this legislation swift- label on cigarettes which we are all fa- fighting for principles in which she be- ly. miliar with. lieved. Senator Neuberger was the first Mr. Speaker, I yield such time as she We have to remember when she woman to filibuster the Senate, speak- may consume to the gentlewoman from stepped forward on that fight, this was 1 ing for 4 ⁄2 hours. Oregon (Ms. HOOLEY). in the 1960s. We are still in that fight She did not seek reelection in 1966. Ms. HOOLEY of Oregon. Mr. Speaker, on cigarettes. Her efforts were consid- Instead, she served on the President’s I would like to thank my colleagues for ered very bold and courageous steps at Consumer Advisory Committee, the passing this bill out of their sub- that time in educating the public of U.S. Advisory Committee for Arms committee and full committee and for the dangers of smoking. I think that is Control and Disarmament, and the their leadership to bring this on the why Oregon maybe has the laws that it President’s Commission on the Status floor today. I would particularly like has today on smoking and why it is a of Women. She was also a consultant to thank the gentleman from Califor- very low smoking State. I think it was on consumer relations for the FDA, nia (Mr. WAXMAN) and the office of the led because of Maurine Neuberger. and served on the national boards of di- gentleman from Missouri (Mr. GEP- She was also known for her work to rectors for the American Cancer Soci- HARDT) for their assistance as well. establish a Department of Consumer ety and the American Association for It is a huge honor for me to stand Affairs and pressured the Food and the United Nations. She taught Amer- here today to ask that this post office Drug Administration to improve their ican Government at Boston University, be named after Senator Neuberger. She packaging and labeling regulations. the Radcliffe Institute and Reed Col- has been an inspiration not only to me She was also one of the very earliest lege in Portland, Oregon. Senator but to most of us in this State. advocates for the Medicare program. Neuberger now lives in Portland. The other thing I want to recognize After serving her full 6 years in the Mr. Speaker, as this brief but never- today is my colleagues from Oregon Senate, she chose not to run for reelec- theless very impressive re´sume´ strong- who have joined me in honoring this tion in 1966 because, frankly, she said ly illustrates, Senator Neuberger con- great Oregonian, Senator Maurine B. she did not want to raise money from tinues the very proud tradition of hon- Neuberger. all those people she was going to have oring very worthy individuals through H.R. 1327 renames the Cloverdale to raise money from, and she said it these postal naming bills. I want to Post Office in Oregon after one of our would just cost too much for reelec- compliment the gentlewoman from Or- State’s former United States Senators, tion. Instead, she went on to serve on egon (Ms. HOOLEY) for her work and Maurine B. Neuberger. This is to recog- the President’s Consumer Advisory diligence in bringing this very deserv- nize her lifetime of public service. She Committee, the U.S. Advisory Commit- ing honoree to our attention, for put- absolutely exemplifies what public tee for Arms Control and Disar- ting together the bill and bringing to- service is all about. She has meant so mament, and the President’s Commis- gether the consensus of Members nec- much to the State and this country; sion on the Status of Women. essary to bring this measure to the and, as they said, she is a true Orego- Now, if that was not enough, we have floor today. Certainly Senator nian in every sense of the word. to remember this person has been in

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5038 CONGRESSIONAL RECORD — HOUSE June 29, 1999 public service her entire life, she also GENERAL LEAVE and the world may be healed by the hand of found time to work as a consultant on God; and Mr. MCHUGH. Mr. Speaker, I ask (3) recommends that the leaders in na- consumer relations for the FDA, serve unanimous consent that all Members on the national board of directors for tional, State, and local governments, in busi- may have 5 legislative days in which to ness, and in the clergy appoint, and call the the American Cancer Society and the revise and extend their remarks on people they serve to observe, a day of solemn American Association of the United H.R. 1327. prayer, fasting, and humiliation before God. Nations, two different boards, and then The SPEAKER pro tempore. Is there The SPEAKER pro tempore. Pursu- to teach government at several univer- objection to the request of the gen- ant to the rule, the gentlewoman from sities, including Reed College in Port- tleman from New York? Idaho (Mrs. CHENOWETH) and the gen- land. There was no objection. tleman from California (Mr. WAXMAN) Maurine Neuberger is a treasure to f each will control 20 minutes. the State of Oregon and to this coun- The Chair recognizes the gentle- try. I cannot tell my colleagues how RECOGNIZING NATIONAL NEED woman from Idaho (Mrs. CHENOWETH). happy I am today that we will be able FOR RECONCILIATION AND to show just a small token of our ap- GENERAL LEAVE HEALING AND RECOMMENDING A Mrs. CHENOWETH. Mr. Speaker, I preciation by renaming the Cloverdale CALL FOR DAYS OF PRAYER Post Office in her honor. She is an in- ask unanimous consent that all Mem- spiration to me and should be an inspi- Mrs. CHENOWETH. Mr. Speaker, I bers may have 5 legislative days in ration to all of us. move to suspend the rules and agree to which to revise and extend their re- Thank you, Maurine, for your long the concurrent resolution (H. Con. Res. marks on House Concurrent Resolution years of public service. 94) recognizing the public need for rec- 94. Mr. FATTAH. Mr. Speaker, I yield 30 onciliation and healing, urging the The SPEAKER pro tempore. Is there seconds to the gentleman from Califor- United States to unite in seeking God, objection to the request of the gentle- nia (Mr. WAXMAN), the ranking Demo- and recommending that the Nation’s woman from Idaho? crat on the full committee. leaders call for days of prayer. There was no objection. Mr. WAXMAN. I thank the gen- The Clerk read as follows: Mrs. CHENOWETH. Mr. Speaker, I tleman for allowing me to express not H. CON. RES. 94 yield myself such time as I may con- only my support for this proposal but Whereas it is the necessary duty of the sume. my appreciation to the chairman the people of this Nation not only to humbly Mr. Speaker, I am very grateful to gentleman from New York (Mr. offer up our prayers and needs to Almighty have this opportunity to be able to God, but also in a solemn and public manner MCHUGH) and the gentleman from Indi- bring House Concurrent Resolution 94 to confess our shortcomings; to the House in recognition of our na- ana (Mr. BURTON) for moving this so Whereas it is incumbent on all public bod- expeditiously. I want to congratulate tional need for reconciliation and heal- ies, as well as private persons, to revere and ing and calling for days of prayer, fast- the gentleman from Pennsylvania (Mr. rely on God Almighty for our day-to-day ex- FATTAH) on his leadership in all of istence, as well as to follow the charge to ing and repentance. these issues that have come before the love and serve one another; Mr. Speaker, H. Con. Res. 94 is pat- Committee on Government Reform. I Whereas we have witnessed the rejection of terned after what was once common urge all Members to support the resolu- God’s love through gratuitous violence and practice by national and State elected tion. mayhem, hate, abuse, exploitation, abandon- leaders, from the Revolutionary War to Mr. FATTAH. Mr. Speaker, I yield ment, and other harms, much of which has the Civil War, ending with President been directed at the most vulnerable of our Abraham Lincoln’s great proclamation back the balance of my time. society, our children; Mr. MCHUGH. Mr. Speaker, I yield of March, 1863, calling for a national Whereas oppression, violence, cultural and day of humiliation, fasting and prayer. myself such time as I may consume. ethnic division, strife, and murder have Very briefly in closing, let me re- stained our communities and the world; b 1700 Whereas we are compelled to remind the spond to the very gracious comments In fact during this period, from the of the gentleman from Pennsylvania people of the United States of the events that currently burden the hearts of the peo- Revolutionary War to the Civil War, (Mr. FATTAH), the ranking member of over 200 such resolutions were made. our subcommittee, in saying how much ple, including— (1) the senseless murder of our young peo- These proclamations literally called I have appreciated his leadership and ple in Jonesboro, Arkansas, West Paduca, for a day or days where the people of his hard work on a whole range of Kentucky, Springfield, Oregon, Pearl, Mis- this Nation refrained from working and issues, but certainly on this bill as sissippi, and Littleton, Colorado; humbly sought grace and forgiveness well. I thank the gentleman from Cali- (2) the brutal deaths of individuals by drag- from God almighty through prayer and ging, beating, burning, and exposure in fornia (Mr. WAXMAN), too, as the rank- fasting in the tradition of the Old Tes- ing member on the full committee, for Texas, Alabama, and Wyoming; and (3) the civil unrest, systematic genocide, tament’s call for solemn assemblies. his initiative and his support in assist- Mr. Speaker, what drove these great ing us in bringing forward this measure and religious and political persecution in Yugoslavia, Tibet, Turkey, China, Rwanda, leaders to call the Nation to pray, and which, as we have heard from the very, and Sudan; I ask why should we do that again I think, heartfelt comments of the gen- Whereas despite all, we as a Nation have today? Well, consider the powerful tlewoman from Oregon (Ms. HOOLEY), been blessed with great prosperity and an words of Abraham Lincoln in this 1863 as to how former Senator Neuberger is unprecedented period of economic stability, proclamation during perhaps the most most deserving of this honor. for which we owe a debt of gratitude; and difficult and tumultuous time in our Mr. Speaker, I urge the unanimous Whereas in previous times of public need Nation’s history, and I quote from that support of our colleagues on this legis- and moral crisis, the Congress and the Presi- proclamation: lation. dent have recommended the observance of a Mr. Speaker, I yield back the balance day of solemn prayer, fasting, and humilia- We have been preserved, these many years, tion: Now, therefore, be it in peace and prosperity. And we have grown of my time. Resolved by the House of Representatives (the in numbers and wealth and power as no other The SPEAKER pro tempore (Mr. Senate concurring), That the Congress— Nation has ever grown. But we have forgot- PEASE). The question is on the motion (1) recognizes the unique opportunity that ten God. We have forgotten the gracious offered by the gentleman from New the dawn of a millennium presents to a peo- hand which has preserved us in peace, and York (Mr. MCHUGH) that the House sus- ple in a Nation under God to humble and rec- multiplied and enriched and strengthened us; pend the rules and pass the bill, H.R. oncile themselves with God and with one an- and we have vainly imagined, in the deceit- 1327. other; fulness of our hearts, that all these blessings The question was taken; and (two- (2) urges all Americans to unite in seeking were produced by some superior wisdom and thirds having voted in favor thereof) the face of God through humble prayer and virtue of our own. Intoxicated with unbroken fasting, persistently asking God to send spir- success, we have become too self-sufficient the rules were suspended and the bill itual strength and a renewed sense of humil- to feel the necessity of redeeming and pre- was passed. ity to the Nation so that hate and indiffer- serving grace, too proud to pray to God that A motion to reconsider was laid on ence may be replaced with love and compas- made us. It behooves us then to humble our- the table. sion, and so that the suffering in the Nation selves before the offended power to confess

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5039 our national sins and to pray for clemency out his blessings on this Nation be- we have traditionally separated. It is and forgiveness. cause the principles that we are fight- now before us in a way which we should Mr. Speaker, as we reflect upon the ing for were righteous and true. approach with a serious and non- problems that we are experiencing Mr. Speaker, in truth, the very foun- partisan manner. today, these great words are no less ap- dation of this Nation is biased and I cannot think of any issue that is plicable. We, as a Nation, are witness- based on faith in God and belief in more fundamental to our system of ing with increased regularity callous moral principles. This was a point well government than our Constitution’s acts of violence and murder, a dis- understood by the founders of this Na- enduring guarantee of the freedom of regard of life, exploitation of children, tion. Just to use one of the many religion. One of the inspirations the indifference to suffering, the break- quotes, John Adams said and I quote: founders of our country had was the in- down of families, and, we know, a gen- We have no government armed with the sight that all Americans should be free eral moral decay. Much has been spo- power capable of contending with human to believe or not to believe in one faith ken about the events of mass murder passions which would be unbridled by moral- or even any faith. Americans can be- and mayhem in places such as Colorado ity and religion. Our Constitution was made lieve in the religion we choose, and and Oregon and Arkansas, but every only for a moral and religious people. It is worship as we believe proper. day we are hearing of new brutalities wholly inadequate to the government of any Now I do not question the desire for other. being committed against the most vul- religious response to help this Nation nerable in our society. And Frenchman Alexis de cope and recuperate from the tragedies Mr. Speaker, why is this happening? Tocqueville wrote back about the that befell the communities of We should listen to the words of Darrel greatness of America in 1843 when he Jonesboro and Springfield and Little- Scott, a very brave father who testified wrote: ton. I do not challenge the importance before the House Committee on the Ju- I sought for the key to the greatness and of religious guidance as a source of diciary whose daughter was gunned genius of America in her harbors, in her fer- healing. I do not oppose the call for a down and killed at Columbine High tile fields and boundless forests, in her rich period of reflection to reinvigorate our minds and vast world commerce, in her pub- School and whose son witnessed before lic school systems and institutions of learn- sense of compassion and humility. But his very eyes the murder of his two ing. I sought for it in her democratic Con- I do question whether it is the role of best friends, and I quote Mr. Scott gress and in her matchless Constitution. But Congress to initiate, mandate, or ma- when he said: not until I went into the churches of Amer- nipulate personal religious expression. I am here today to declare that Columbine ica and heard her pulpits flame with right- This country has a people that is far was not just a tragedy. It was a spiritual eousness did I understand the secret of her more religious than most other coun- event that should be forcing us to look at genius and power. America is great because tries, and I believe a great part of that where the real blame lies. What has hap- America is good, is the separation of church and state pened to us as a Nation? Well, we have re- he wrote, that we value so deeply. Americans are fused to honor God, and in doing so, we open and when America ceases to be good, Amer- more religious because they do not the doors to hatred and violence. We do not ica will cease to be great. need more restrictive laws. We do not need have the cynicism of other countries, more religion. We do need a change of heart Mr. Speaker, we live in a remarkable where there is a government-sponsored and humble acknowledgment that this Na- era. The dawn of a new millennium, a religion and religion and government tion was founded on the principles of simple dramatic expansion of technologies and and politicization are seen all as one. trust in God. an unprecedented period of economic There is no official state religion in Mr. Speaker, Darrel Scott’s words stability have led to even greater our country, and therefore people take ring true. Having trust and faith in wealth and comforts of life for this Na- their personal religious decisions much God means more than prayers, it tion. But we simply cannot continue more seriously. They recognize that means more than just going to church. down the road where hate, uncivility, our founders argued for the separation It means humbly accepting the charge and bloodshed flourishes and expect the of church and state and wanted to to serve and possess compassion and blessings of this prosperity to con- make sure that religion was not politi- love and moral stability and to be tinue. This resolution does not resolve cized. Our founders warned of the cor- humble. Humility means not only ac- our problems, but it does move us and ruption of church and state from a mu- knowledging God as the source of our focus us to the source from where we tual infection when the two are joined blessings as individuals and as a Nation should seek our guidance and our na- together. A mild infection might be and the strength that we possess in ad- tional healing. when clerics reach out for government versity, but also recognizing our sins I urge my colleagues to support this funds and then obey government regu- before God as individuals and as a Na- resolution. Once H. Con. Res. 94 passes, lations. A much more virile corruption tion. then the religious and civic leaders of is when we see theocracies around the Mr. Speaker, we are the greatest Na- our State and our Nation follow the world wage actions that are clearly in- tion on Earth because we have one by charge we give them and establish sol- humane in the name of their religion one overcome weakness and evils which emn assemblies of prayer and fasting and of God. have plagued the world for centuries as their discipline would call for per- Thomas Jefferson opposed any kind and even millennia. We have conquered haps then love and compassion will re- of involvement in religion. He said he imperialism and replaced it with de- place hate and indifference. did not think that he had any author- mocracy. We replaced State oppression Mr. Speaker, I reserve the balance of ity to direct the religious experience of with inalienable individual rights. We my time. his constituents, and I think he made a abolished the human indignity of slav- Mr. WAXMAN. Mr. Speaker, I yield very powerful case where he argued ery. We instituted equality for people myself 5 minutes. that we ought to allow this to be one of all colors and creeds. We have cre- Mr. Speaker, I want to thank the that is very personal. ated unprecedented wealth and pros- gentlewoman from Idaho (Mrs. Now the proposal before us is an in- perity for numerous classes of people. CHENOWETH) for sponsoring and bring- teresting one because it calls for a day Indeed we as a Nation have faced many ing the resolution to the floor today. of atonement, a day of fasting, a day of numerous other challenges such as seg- This legislation provides us time for an prayer. As a Jewish American, we have regation, economic disparity and the important discussion. I say discussion a day of atonement in our religion that great depression, the great evil of Nazi and not debate because I don’t think is precisely, it seems to me, the kind of aggression and the Cold War. there is a significant debatable issue on thing that the author of this resolution Mr. Speaker, are we too presump- the value of prayer. I don’t know of might have envisioned, a 24-hour pe- tuous to suggest that we accomplished any Members of this House who op- riod. We neither eat nor drink; we de- these great victories on our own? In- poses God or prayer. But what we vote the day to prayer and penitence. deed we as a Nation have the courage, should discuss is whether we are seeing But a very fundamental part of that the strength to face these trials be- a continuing trend of inching closer day is a recognition that in repentance cause we are a Nation who relies on the and closer to mixing politics and reli- it is repentance, prayer and tzadaka. hand of God. God, in return, has poured gion, government and religion, which Tzadaka is sometimes looked at as

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5040 CONGRESSIONAL RECORD — HOUSE June 29, 1999 charity, but it really means actions of have set aside days to give thanks to tion’s history, Americans and their good deeds. God or seek his will. elected representatives have made it a The reading of the day is one on rit- The Pilgrims did so in Plymouth in priority to set aside days to acknowl- ual, but another reading of the day, the early 17th century. The Continen- edge God’s goodness, thank Him for His which is even more significant, is one tal Congress issued proclamations of many blessings and seek His will. from Isaiah where in that reading God public thanksgiving in 1777 and 1780. I ask my colleagues to join me in says to those who simply fast, afflict On June 28, 1787, at the Constitu- support of the resolution of the gentle- themselves, wear sackcloth and ashes, tional Convention, 81-year-old Ben- woman from Idaho (Mrs. CHENOWETH). God said: jamin Franklin called for daily prayers Mr. WAXMAN. Mr. Speaker, will the Is this what I want? Is this what I have as the delegates convened. Quote, the gentleman yield? called for? Does this satisfy me? longer I live, said Franklin, the more Mr. HOSTETTLER. I yield to the convincing proofs I see of this truth, And his response in Isaiah is: gentleman from California. that God governs in the affairs of men. Mr. WAXMAN. Mr. Speaker, I would When you do acts of good deeds, it is not And if a sparrow cannot fall to the sufficient to inflict yourself with repentance like to ask the gentleman from Indiana unless you share your bread with the hungry, ground without His notice, is it prob- (Mr. HOSTETTLER), before he leaves, if that you bring the poor that are cast out to able that an empire can rise without he knows that we have a National Day your house, when you see the naked that you His aid? We have been assured, sir, in of Prayer on the books? cover him and that you not hide yours from the sacred writings, that, quote, except Mr. HOSTETTLER. Yes, I do. your own flesh. the Lord build the House, they labor in Mr. WAXMAN. Do you know when Acts of righteousness are not men- vain that build it, unquote. I firmly be- that is? tioned in this resolution. It is only re- lieve this; and I also believe that with- Mr. HOSTETTLER. It was earlier pentance and prayer, but a day of out His concurring aid we shall succeed this year. atonement should do more than that. in this political building no better than Mr. WAXMAN. Well, every year. It is the builders of Babel; we shall be di- in May. b 1715 vided by our little partial local inter- Mr. HOSTETTLER. Yes. Our obligations, as Members of Con- ests; our projects will be confounded, Mr. WAXMAN. So we do have that gress, are not to tell religious leaders and we ourselves shall become a re- day set aside. how to practice their religion or tell proach and byword down to future Mr. HOSTETTLER. This is a concur- people who are religiously oriented ages, end quote. ring resolution to ask for a day for the what they must do to meet the needs of George Washington called for days of whole country once again to set aside their Maker. We can act in ways that prayer and thanksgiving while general prayer and thanksgiving and fasting. deal with the problems of this world, of the Continental Army and while Mr. WAXMAN. Mr. Speaker, I yield 4 and that is what we should be doing. president of the United States. John minutes to the distinguished gen- I will not oppose this resolution on a Hancock and Thomas Jefferson issued tleman from Maryland (Mr. CUMMINGS). voice vote, but I think we ought to proclamations of prayer and thanks- Mr. CUMMINGS. Mr. Speaker, I want think carefully about the separation of giving while serving as State gov- to thank the gentleman from Califor- church and State which may be in- ernors. nia (Mr. WAXMAN) for yielding me this fringing upon. In 1863, in the middle of a destructive time. Mrs. CHENOWETH. Mr. Speaker, I Civil War and shortly after the death of Mr. Speaker, I want to thank the yield myself such time as I may con- his second son, President Abraham gentlewoman from Idaho (Mrs. Lincoln recognized the merciful hand sume. CHENOWETH) for presenting this resolu- Mr. Speaker, I want to thank the of God in his life and in the life of his tion. gentleman from California (Mr. WAX- Nation. Healing and reconciliation as called On October 3, Lincoln issued a formal MAN) for his very wise words. They are for in this resolution are without ques- proclamation passed by an act of Con- very instructive, and I appreciate hear- tion needed in this Nation and in the gress, initiating the First Annual Na- ing from him and learning from him. international community. The murders tional Day of Thanksgiving. While ac- This resolution is no different than in Jonesboro, Arkansas, and Littleton, knowledging the hardships caused by the resolution that was brought to the Colorado, were indeed senseless. The the Civil War, Lincoln chose to focus floor by the gentleman from California on the blessings bestowed by God. dragging and burning of individuals in (Mr. GEORGE MILLER) on April 14, 1970, Quote, the year that is drawing to- Alabama and Texas were indeed brutal, when the Apollo 13 was unable for a few wards a close, Lincoln wrote of the and the religious and political persecu- hours to return to earth, and the gen- bloodiest year in American history, has tion in Yugoslavia and Rwanda indeed tleman from California (Mr. GEORGE been filled with the blessings of fruitful call for civil unrest. MILLER) at that time put forth House fields and healthful skies. To these All of these tragic and unimaginable Resolution 912, in which that resolu- bounties, which are so constantly en- occurrences stem from one sad human tion states and asked that the Nation joyed that we are prone to forget the behavior: Lack of tolerance. join in asking the help of Almighty source from which they come, others We must first recognize that people God to assure the safe return of those have been added which are of so ex- of other races and with religious beliefs astronauts. traordinary a nature that they cannot different from our own have value in The resolution goes on to say, in fail to penetrate and soften even the our society. Then we, not as officials or these days of monumental achieve- heart which is habitually insensible to political leaders, but as fathers and ments in science and technology, it is the ever watchful providence of Al- mothers, sisters and brothers and well to be reminded that it has been mighty God. friends and neighbors, as human beings the spirit instilled in man by his Cre- After listing those bounties, Lin- who love and care and feel, we must ator that makes clear that his divine coln’s proclamation continued: No ask all people to come together in their providence is really the sole source of human counsel hath devised nor hath everyday and sometimes routine lives man’s sustenance; tremendously im- any mortal hand worked out these to heal and console each other. pressive resolution. great things. They are the gracious Just a few days ago, we came to the Mr. Speaker, I yield 3 minutes to the gifts of the most High God, who, while well of this House to debate amending gentleman from Indiana (Mr. dealing with us in anger for our sins, our Constitution to prohibit the dese- HOSTETTLER). hath nevertheless remembered mercy. cration of our Nation’s flag. It is inter- (Mr. HOSTETTLER asked and was It has seemed to me fit and proper that esting to note that when this body be- given permission to revise and extend they should be solemnly, reverently gins each legislative day and at events his remarks.) and gratefully acknowledged as with in our district and at all sporting Mr. HOSTETTLER. Mr. Speaker, for one heart and one voice by the whole events, we pledge allegiance to this four centuries, in different forms and American people, end quote. beautiful flag and our great Nation on different days, during prosperous The list goes on and on, but a single with these simple and profound words: times and times of crisis, Americans theme emerges. Throughout our Na- I pledge allegiance to the flag of the

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5041 United States of America and to the re- off this conversation tonight about this deeply in the importance and power of public for which it stands, one Nation resolution are so important. prayer. under God, indivisible, with liberty and Mr. Speaker, we need to remind our- The idea of having a national vol- justice for all. selves of how this great country was untary day of prayer is one I can sup- The very phrase, one Nation, means founded. Many of us forget that the port. But speaking as a Congressman, I that we embrace, among other things, first official act of the Continental am deeply bothered by the clauses of the religious beliefs of all people, in- Congress was to appoint a chaplain, this resolution which would put the cluding Jews, Christians, Muslims, and then they prayed, and not a per- U.S. Congress on record as telling indi- Buddhists and Hindus. In other words, functory prayer. They prayed for one viduals that it is a, quote, necessary we pledge on a daily basis to be an in- and one half hours. duty, end quote, to pray. clusive and tolerant Nation. Let me read what Thomas Jefferson Prayer should not be a government- I myself am the son of two Protes- said in 1781: Can the liberties of a na- imposed duty, Mr. Speaker. It is a God- tant ministers and have a strong reli- tion be thought secure when we remove given right. To even suggest prayer gious center, and while I will support their only firm basis, a conviction in should be a government-dictated, nec- the premise of this resolution I have the minds of the people that these lib- essary duty demeans the very sanctity reservations about its exclusive lan- erties are the gift of God? of prayer. guage. In advocating against desecra- Let me read what George Washington Prayer is not a duty to be directed by tion of the flag, we should also advo- said in his farewell address: Of all the this or any Congress. Prayer is an act cate against the desecration of the dispositions and habits which lead to of free will where one chooses, in the principles for which it stands, includ- political prosperity, religion and mo- privacy of his or her own heart and ing inclusivity. rality are indispensable supports. In soul, to communicate directly with our In fact, I agree with Vice President vain would that man claim the tribute Creator. GORE who has called for bridging the of patriotism, who should labor to sub- What right under our Constitution gap between those on the right who vert these great pillars. does this Congress have the right to would impose their religious values on Benjamin Franklin said, at the Con- tell any citizen that it is his duty to others and threaten the notion of sepa- stitutional Convention in June of 1787, pray? The answer is, we have no right ration of church and State, and those and I quote: I therefore beg leave to to do so. In fact, those who have quoted on the left who believe that religious move that henceforth prayers implor- our Founding Fathers seem to forget values should play no role in address- ing the assistance of heaven and the the first 16 words of the Bill of Rights, ing public needs. blessings of our deliberations be held in which say Congress shall pass no law The language of this resolution, this assembly every morning before we respecting an establishment of religion which specifies particular religious proceed to business, a tradition which or prohibiting the free exercise thereof. practices and beliefs, does not bridge continues in this House to this very I thank God that our Founding Fa- the gap. A more appropriate step was day. thers had the wisdom to write the Bill proposed last week at the Family Re- And Abraham Lincoln in his Emanci- of Rights so that any attempt by Con- union Conference in Nashville, Ten- pation Proclamation closed with these gress to mandate the religious affairs nessee, by Vice President GORE as he words: ‘‘And upon this act, sincerely of American citizens would be null and announced a new Community Building believed to be an act of justice, war- void. Initiative that would provide technical ranted by the Constitution upon mili- I thank God that Madison and Jeffer- assistance and training to faith-based tary necessity, I invoke the consid- son were wise enough to realize that and non-profit organizations. erate judgment of mankind and the the best way to ruin religion is to po- Faith and values-based organizations gracious favor of Almighty God.’’ liticize it. reach out to all in need. They feed the Mr. Speaker, I would remind the b 1730 hungry, clothe the poor, take care of Members of what the Continental Con- those that are ill. In short, their vision gress said in 1779. They said, and this is As a Christian, I revere and rely on and mission is to uplift their neighbors from an absolute resolution that was God in my day-to-day existence. But and make their lives better. passed by the Congress, and I quote, what right under our Constitution does While resolutions are well-inten- that it be recommended to the several this Congress today, in a suspension tioned, the men and women in these or- States to appoint the first Thursday in calendar vote with no committee hear- ganizations do what is called for in this May next to be a day of fasting, humil- ings, have to dictate this resolution, resolution every day. They are healing iation and prayer to Almighty God; where ‘‘It is incumbent upon all public and practicing tolerance. They set an that He will be pleased to avert the im- bodies, as well as private persons, to example for all of us, and we should pending calamities which we have but revere and rely on God almighty for take our cue from them. too well deserved; that He will grant to our day-to-day existence’’? As a champion of nonviolence and us grace to repent of our sins and The answer is Congress has no right tolerance, Dr. Martin Luther King, Jr., amend our lives according to his Holy to do so. For Congress to declare that stated: Man must evolve for all human Word; and that He will continue that reverence of and reliance on God is ‘‘in- conflict a method which rejects re- wonderful protection which hath led us cumbent on all public bodies and pri- venge and retaliation. The foundation through the paths of danger and dis- vate persons’’ is not only unconstitu- of such a method is love. tress. tional, it is morally wrong, in my opin- Mrs. CHENOWETH. Mr. Speaker, I That was signed on March 20 in the ion. A God that is powerful enough to yield 3 minutes to the gentleman from Year of our Lord, 1779, by John Jay, create the universe and everything in Minnesota (Mr. GUTKNECHT). President. it surely, surely has the power to make Mr. GUTKNECHT. Mr. Speaker, I Finally, let me just remind Members us believe or do whatever he so choos- want to thank the gentlewoman from that the very same day that the Con- es. Idaho (Mrs. CHENOWETH) for bringing gress passed the First Amendment to But God gave man an incredible gift, this resolution forward. If for no other the Constitution, September 25, 1789, the gift of free will. He gave each of us reason, it gives us a chance to talk they approved a resolution requesting the choice to believe in him or not, to about history and the relationship be- that President George Washington pro- worship him or not, to pray to him or tween this great government and God claim a day of prayer and thanksgiving not. What right under heaven does this and prayer and all that goes together. in the land. Congress have to infringe upon that di- When I was sitting here listening to Mr. WAXMAN. Mr. Speaker, I yield 5 vine gift of free will? some of the debate earlier, I was look- minutes to the gentleman from Texas Any effort by this Congress to inject ing up at these words right on top of (Mr. EDWARDS). the notion of ‘‘necessary duty’’ upon the Speaker’s rostrum. It says, In Got Mr. EDWARDS. Mr. Speaker, speak- how, when, or whether an American We Trust. ing as a citizen I am grateful that I live citizen must pray is not only blatantly The words that the gentlewoman in a country that protects my right to unconstitutional, it offends my deepest from Idaho (Mrs. CHENOWETH) started pray. Speaking as a Christian, I believe conviction that the sacredness of one’s

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5042 CONGRESSIONAL RECORD — HOUSE June 29, 1999 prayers and belief in God is that they every day with prayer, and the teacher There is road rage and there is sky are based on free will, not an imposed assigned it to every child, you could be rage, and it has become a way of life. duty from government. Jew, you could be Muslim, you could be There is anger everywhere. Why? Mr. Speaker, I personally believe Catholic, you could be Protestant or We need to continue to search for an- that faith and prayer can make ours a you could be an atheist. We did not swers to these and other questions, but better Nation. However, in reflecting have those in those days. If you were I do believe that a great deal of the upon the debates in this House of re- an atheist, you would be excused and reason we are having these problems is cent days, I would suggest that we the next person in line would deliver because America has turned her back Members of Congress should consider the one minute prayer. on God. Gone is the gentleness that we spending more time praying and less I would urge my colleagues to sup- used to experience, respect and love for time trying to tell others how they port this resolution before us today. one another, the basic Golden Rule. Do should pray. I would suggest we should Mr. WAXMAN. Mr. Speaker, I yield 3 unto other as you would like them to spend more time trying to live up to minutes to the gentleman from Ohio do unto you, just simple kindnesses, it the Ten Commandments in our per- (Mr. STRICKLAND). is missing today. sonal lives than in using our public po- (Mr. STRICKLAND asked and was We are going through great pain in sitions to tell others which religious given permission to revise and extend our Nation, and prayer heals pain. I be- commandments they should or should his remarks.) lieve it is fitting for Congress to set an not follow. Mr. STRICKLAND. Mr. Speaker, I example and urge our people to turn to Perhaps it is time for us in Congress would hope the previous speaker would prayer. At home people around me to preach a little less and practice a not be suggesting that teachers should come up all the time and say, this is little more. Maybe we should spend assign prayers to our schoolchildren in the same message, but we need to get more time worrying about the log in public schools. back to God. our own eye and less about the speck in Talk is cheap, and often in this Every day Congress opens with pray- others’. God does not need Congress’ Chamber rhetoric is empty. Last week er. ‘‘In God we trust’’ is over the help, but may God help us if we ever this body voted to allow the posting of Speaker’s chair. This resolution does use religion as a means to our own po- the Ten Commandments from the He- not establish religion, mandate prayer, litical ends. brew Scriptures in our public schools. I or violate the separation of church and Mr. Speaker, God gave us religious think there are additional teachings State, it simply affirms something we freedom. In America, the Bill of Rights from the New Testament that are also should not take for granted. has protected that precious freedom for important and just as relevant to our Mr. WAXMAN. Mr. Speaker, I yield 2 over 200 years. Let us not tamper with daily lives. minutes to the gentleman from New that freedom under any circumstance, As an example, I would like to share York (Mr. NADLER). and certainly not after only a 40- a passage from the book of St. James, (Mr. NADLER asked and was given minute consent calendar debate and no Chapter 2, verses 14 through 17. It reads permission to revise and extend his re- committee hearings. Such an approach ‘‘What good is it, my brothers and sis- marks.) to the profound principles of prayer, ters, if you say you have faith but do Mr. NADLER. Mr. Speaker, it is cer- faith, and freedom do a disservice to not have works? Can faith save you? If tainly commendable to reflect on one’s those high principles and to us. a brother or a sister is naked and lacks shortcomings, to seek forgiveness for Mrs. CHENOWETH. Mr. Speaker, I daily food, and one of you says to wrongdoing, or to try to build a world yield myself such time as I may con- them, ‘Go in peace, and keep warm, for our children which is free from vio- sume. and eat your fill,’ and yet you do not lence or hate. Indeed, across America Mr. Speaker, I have to agree with the supply their bodily need, what is the these sentiments are often to be found gentleman from Texas, almost every- good of that?’’ So faith by itself, if it in the prayers of our neighbors. thing he said, except his understanding has no works, is dead. What is wrong with this resolution? that this is a sense of the Congress, it The resolution before us focuses on For one thing, the Congress has arro- is not a bill, that would confer any au- faith, but it is lacking in its call for gated to itself the role of religious di- thority or mandate anything from the good works. I agree with President rector of the Nation. That is wrong. Federal government. It is simply a John Kennedy, who said in his inau- Congress has no business leading the call. gural address, ‘‘In this world, God’s Nation in prayer, or giving its official Mr. Speaker, I yield 1 minute to the work must truly be our own.’’ endorsement to religion in general, or gentleman from Illinois (Mr. CRANE). I would feel more positive about this to particular religious beliefs or prac- (Mr. CRANE Asked and was given resolution if, along with its call to tices. permission to revise and extend his re- prayer and fasting, we also committed The people who founded this Nation marks.) ourselves to effective legislative ac- understood that religion, if it is to re- Mr. CRANE. Mr. Speaker, I thank tion, action to provide health care for main truly free, must remain an indi- the gentlewoman for yielding time to all of America’s children, action to vidual right, and that the hand of big me. guarantee access to affordable pre- government must be kept away. I would like to harken back to what scription drugs for our senior citizens, No matter how this resolution is the gentleman said about that first and meaningful action to stamp out dressed up it is an official endorsement amendment, Congress shall pass no law discrimination and intolerance in our of religion and of particular religious respecting the establishment of reli- society. beliefs and activities, and constitutes gion or prohibiting the free exercise But we do not call for those things in an establishment of religion. For those thereof. That had to do with an estab- this resolution. For that reason, if who think it is harmless and merely a lished church. We are not allowed to there is a recorded vote, I will vote statement in support of prayer gen- create an established church in this present on this measure, because I erally and does not reflect a particular country under our Constitution, but we agree with St. James when he said that sectarian view, I point out two clauses. simultaneously cannot obstruct the in- faith by itself, if it has no works, is The resolution states that the Con- vasion of government by religion, as dead. gress recognizes the unique oppor- witnessed right up here on the wall, Mrs. CHENOWETH. Mr. Speaker, I tunity of the new millenium for reli- ‘‘In God we trust;’’ as witnessed by the yield 1 minute to the gentlewoman gion. What millenium does the resolu- opening up of each session of Congress from North Carolina (Mrs. MYRICK). tion refer to? In the Jewish calendar, it with a taxpayer-paid clergyman’s invo- Mrs. MYRICK. Mr. Speaker, out- is the year 5758. The common calendar cation in both the House and Senate wardly as a Nation we are very pros- that we use counts time since the birth from the beginning of this Republic. It perous and healthy, we are the envy of of Jesus to which the resolution ac- is because our Founding Fathers recog- the world, but inwardly we are falling cords great religious significance. nized the importance of that. apart. We have witnessed so much vio- Of course, the significance of the I went to public schools in Chicago lence today, especially among our birth of Jesus is a fundamental Chris- before World War II, and we opened up young people. We keep asking, why? tian belief, but I do not think Congress

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5043 should endorse or deny that belief. lief. Many AmericansÐJews, Muslims, Bud- Mrs. CHENOWETH. Mr. Speaker, I Many Americans, Jews, Muslims, Bud- dhists, HindusÐare not Christians, and de- yield 30 second to the gentleman from dhists, Hindus, are not Christians. De- spite the efforts of a very few, most Americans North Carolina (Mr. HAYES). spite the efforts of a very few, most believe that this is a nation for all its citizens, Mr. HAYES. Mr. Speaker, last night Americans believe this is a Nation for not just for Christians. It is our duty to defend I was going through my dad’s things. all its citizens, not just for Christians. the right of all people to believe or not to be- He died in November. I found in his It is our duty to defend the right of all lieve, to pray or not to pray, as they see fit. drawer this Bible. On the front it says our people to believe or not believe, to That's what our Constitution stands for, what ‘‘May this comfort and protect you.’’ pray or not to pray as they see fit. our Bill of Rights is meant to protect, what Inside it says, ‘‘Commander in Chief, That is what our Constitution stands generations of Americans have fought and I take pleasure in commending the for, what our Bill of Rights is meant to died to preserve, and what this resolution reading of the Bible to all who served protect, and what generations of Amer- would compromise. This resolution states ``it is in the Armed Forces of the United icans have fought and died to preserve, the necessary duty of the people of this Nation States. Throughout the centuries men and what this resolution would com- . . . to offer up our prayers and needs to Al- of many faiths and diverse origins have promise. mighty G-d.'' I personally believe that to be the found in the sacred book words of wis- The resolution states it is a nec- duty of all people, but who are we to instruct dom, counsel, and inspiration. It is the essary duty of the people of this Nation our fellow citizens in their religious obliga- foundation of strength, and now as al- to offer up our prayer and deeds to al- tions? The resolution further states ``it is the ways an aid in attaining the highest mighty God. I personally believe that necessary duty of the people of this Nation aspirations of the human soul.’’ Frank- to be the duty of all people, but who . . . in a solemn and public manner, to con- lin Roosevelt. are we to instruct our fellow citizens in fess our shortcomings.'' Most religions believe The next page, ‘‘Our prayers are con- their religious obligations? that confession is a private matter between an stantly with you, thanking God daily The resolution states it is the nec- individual and his or her G-d. Where does for your joy and faith in him. Heartfelt essary duty of the people of this Nation Congress get the right to declare them wrong? love, Mother.’’ in a solemn and public manner to con- The sponsor of this legislation has, in fact, Mrs. CHENOWETH. Mr. Speaker, I fess our shortcomings. Most religions been very sensitive to issues concerning the am very pleased to yield 1 minute to believe confession is a private matter. establishment of religion when she perceived the gentleman from Ohio (Mr. KASICH). Where does Congress get the right and a threat of governmental institutions being hi- Mr. KASICH. Mr. Speaker, I just do authority to declare them wrong? jacked by religious beliefs she does not share. not know how many know this, but the Mr. Speaker, I rise in opposition to this pro- For example, in the CONGRESSIONAL RECORD State of Massachusetts actually had a posed resolution even though I find many sen- of January 31, 1996, she devoted the better State-supported church well into the timents contained within it which are com- part of an hour arguing that funding for envi- 1800s. It was only when the other mendable. ronmental protection programs, including the churches objected that State funding It is certainly commendable to pray, to re- EPA, violated the establishment clause, be- was cut off. flect on one's shortcomings, to seek forgive- cause some environmentalists came to their It is also interesting to note that the ness for wrongdoing or to try to build a world views via their religious beliefs. A copy of that Congress of the United States actually for our children which is free from violence speech follows my prepared statement. If the at one point engaged in the printing of and hate. And it is obviously commendable to EPA violates the Establishment Clause, what Bibles, not to mention above our own work to achieve a world of love free from the can we say about this particular legislation? Chamber ‘‘In God we trust.’’ What is interesting is there has been violence, cultural and ethnic division, strife, Finally, I would just observe that this resolu- a distortion of what we mean by the and murder which this resolution rightly ob- tion is just another attempt by the majority to separation of church and State. The serves have ``stained our communities and the evade the real problems plaguing our nation, gentleman from Illinois (Mr. CRANE) world.'' like hate crimes, poverty and gun violence. Indeed, across America, these sentiments had it right. The Federal government are often to be found in the prayers of our For example, although it makes reference to was not supposed to have a State-sup- neighbors. the lynchings and hate crimes against People ported taxpayer-funded church. We So what's wrong with this resolution? of Color and a Gay man in Wyoming, it never support that. We agree with that. Well, for one thing, the Congress is arrogat- identifies these crimes for what they were, not But Orestes Brownson wrote an inter- ing to itself the role of religious director of the does it urge legislation to make these hate esting book where he wrote about the nation. That's wrong. Congress has no busi- crimes illegal in our nation. Matthew Sheppard uniqueness of the United States, where ness leading the nation in prayer or giving its was murdered for one reason and one reason we could combine both the proper official endorsement to religion in general or to onlyÐbecause he was a Gay man, but the space of the State and the proper space particular religious beliefs or practices. The resolution doesn't say that and the sponsor of the church; that the space of the people who founded this nation understood won't support legislation. The bill also makes church was not to intrude on the space that religion, if it is to remain truly free, must reference to the gruesome hate crime which of the State, and the space of the State remain an individual right, and that the hand of resulted in the death of James Byrd who was was not to intrude on the space of the big government must be kept away. No matter dragged to death behind a pickup truck, but church. how this resolution is dressed up, it is an offi- his name is nowhere to be found in this reso- What we have had happening in cial endorsement of religion and of particular lution, nor is the fact that he was murdered America is government imposing its religious activities and beliefs and constitutes solely because he was African American. own values and invading the proper an establishment of religion. This isn't the first time that Congress has space of people of all faiths. If America For those who think it is harmless and obliquely dealt with these reprehensible is to be healthy, we had better harken merely a statement in support of prayer gen- crimes. Just enough of a statement so that to the days of our Founders, who said erally, and does not reflect any particular sec- they can say they did it, but not so specific so that self-governing is about the ability tarian view, I would point out two clauses. The as to offend the racist constituencies out to get it right without other human Resolution states that Congress ``recognizes there. And, as always, no real solutions of- beings having to write rules and laws. the unique opportunity that the dawn of a mil- fered. No hate crimes laws, no increased en- The foundation of this is simple com- lennium presents to people in a Nation under forcement, no laws to keep guns out of the mon sense. This resolution urges a G-d to humble and reconcile themselves with hands of criminals, no additional help to com- prayer. It is consistent with our Found- G-d and with one another. munities. ers, our Constitution, and it is unbe- What millennium does the Resolution refer This resolution is the latest in a series of as- lievable that we are even having this to? On the Jewish calendar, it is the year saults by the House on our First Freedom. debate today. 5758. Our common calendar counts time since May G-d grant us the wisdom to spend our Mrs. CHENOWETH. Mr. Speaker, I the birth of Jesus, to which the Resolution ac- time doing our jobs, and leave religion to the yield myself the balance of my time. cords great religious significance. Now, of ministers, priests, and Rabbis of this nationÐ The SPEAKER pro tempore (Mr. course, the significance of the birth of Jesus is and to the people who will exercise their free- PEASE). The gentlewoman from Idaho a fundamental Christian belief, but I don't think dom of religion far more wisely than we could (Mrs. CHENOWETH) is recognized for 30 Congress should endorseÐor denyÐthat be- instruct them to do. seconds.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5044 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Mrs. CHENOWETH. Mr. Speaker, if and wrong. They knew the laws of the land pend the rules and agree to the concur- there ever is a time that we need al- needing to reflect a moral standard, a moral rent resolution, House Concurrent Res- mighty God, it really is now. If there law. It is time we call our nation back to this olution 94. ever is a time we need to pray, it is morality. The question was taken. now. If there is ever a time that we Two weeks ago I offered an amendment Mrs. CHENOWETH. Mr. Speaker, on need to humble ourselves as individ- called the Ten Commandments Defense Act, that I demand the yeas and nays. uals, it is now. If there is ever a time and you, my distinguished colleagues, helped The yeas and nays were ordered. that we need to plead for forgiveness, it to pass this legislation. It was a public declara- The SPEAKER pro tempore. Pursu- is now. If there ever is a time that we tion that God is not dead, despite the violence ant to clause 8 of rule XX and the need peace, it is now. If there ever is a and confusion that haunts the current age. Chair’s prior announcement, further time that we need healing, it is now. Now I, along with the gentlelady from Idaho proceedings on this motion will be b 1745 and others speaking on behalf of this resolu- postponed. tion, call our country to set aside a time of re- I pray that we as a Congress and as a The point of no quorum is considered flection, a time to search our hearts and seek withdrawn. Nation can join together in prayer, God's guidance. We must approach our fami- supporting this resolution, calling for lies, our jobs, and our communities with the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE prayer, fasting and repentance. same humility and desire for reconciliation as The SPEAKER pro tempore. Debate Mr. ADERHOLT. Mr. Speaker, in this cen- our Founding Fathers sought in establishing has concluded on all motions to sus- tury, the United States has led the world in the law of this land. pend the rules. Pursuant to clause 8 of transforming industry, communication, and Today, we stand, not only on the brink of a rule XX, the Chair will now put the technology. We have found cures for once- new century, but at the dawning of a new mil- question on each motion to suspend the fatal diseases and introduced freedom and de- lennium. We have the great honor, and the rules on which further proceedings mocracy to the world. We sit on the threshold weighty responsibility, of setting the ground- were postponed today in the order in of a new century, and new millennium with a work of the next thousand years. Let us do which that motion was entertained. great mandate: laying the groundwork for a this with courage. Let us do this with honor. Votes will be taken in the following daring, new world. Most importantly, let us humbly set a prece- order: On the brink of the nineteenth century, our dent for the new millennium, and recognize H.R. 2280, by the yeas and nays; Founding Fathers faced a similar mandate. God as the source of wisdom, goodness and House Resolution 226, by the yeas and One whose impact would reach beyond any- strength. nays; and thing they could have imagined, and one Mr. POMEROY. Mr. Speaker, I am House Concurrent Resolution 94, by which we live each day. They gathered to- concerned about the language of the the yeas and nays. gether to establish a form of government that resolution before us. The Chair will reduce to 5 minutes no other nation had ever attempted with free- The religious faiths and practices of the time for any electronic vote after doms that no other nation had ever even all of us as Americans are as important the first such vote in this series. dreamed of: freedom of speech, freedom of as they are personal. assembly, freedom of religion. This country was founded in part by f The work of these men was truly inspired. people of strong religious beliefs who The wisdom in the words of the Constitution came to this new land seeking the free- serves as the very cornerstone of hope and dom to worship totally beyond the VETERANS BENEFITS liberty. But these men did not rashly pull the reach of government. The doctrine of IMPROVEMENT ACT OF 1999 Constitution together without forethought. The completely separating church and state The SPEAKER pro tempore. The delegates of the Continental Congress de- was written into our Bill of Rights to pending business is the question of sus- bated over the course of months to author a protect our fundamental right to wor- pending the rules and passing the bill, document which changed the course of history ship whenever we want, however we H.R. 2280, as amended. for all people. It was during this debate, that want, or even if we want. The Clerk read the title of the bill. they came to a standstill. On June 28, 1787, I am very uncomfortable with this The SPEAKER pro tempore. The 212 years ago this week, the delegates hit a Congress—in a formal resolution—vot- question is on the motion offered by stalemate over many issues. ing to observe ‘‘a day of solemn prayer, the gentleman from Arizona (Mr. Ben Franklin saw that the impasse could not fasting, and humiliation before God’’. STUMP) that the House suspend the be reconciled by any human means: ``The The way for us to urge prayer and hu- rules and pass the bill, H.R. 2280, as small progress we have made after four or five mility before God is by our example as amended, on which the yeas and nays weeks' close attendance and continual individuals—not our political rhetoric are ordered. reasonings with each otherÐour different sen- as members of Congress. The vote was taken by electronic de- timents on almost every question . . . produc- I believe the teachings of Jesus as vice, and there were—yeas 424, nays 0, ing as many noes as ayesÐis, methinks, a written in Matthew 6 verses 4–6 has ap- not voting 10, as follows: melancholy proof of the imperfection of the plication to the resolution before us: human understanding . . . I therefore beg ‘‘And when you pray, you must not [Roll No. 257] leave to move that henceforth prayers implor- be like the hypocrites; for they love to YEAS—424 ing the assistance of heaven and its blessings stand and pray in the synagogues and Abercrombie Biggert Camp on our deliberations . . .'' at the street corners, that they may be Ackerman Bilbray Campbell Franklin recognized that the future of the seen by men. Truly, I say to you, they Aderholt Bilirakis Canady Andrews Bishop Capps Constitution, and the nation, depended upon have received their reward. But when Archer Bliley Capuano Divine intervention. In the faces of the Con- you pray, go into your room and shut Armey Blumenauer Cardin gressional Delegates he saw pride, determina- the door and pray to your Father who Bachus Blunt Carson tion and no hope of compromise. Franklin is in secret; and your Father who sees Baird Boehlert Castle knew that the only way the Constitution could Baker Boehner Chabot in secret will reward you.’’ (Matthew Baldacci Bonilla Chambliss be agreed upon was to call the delegates to 6:4–6) Baldwin Bonior Chenoweth humility and prayer. He recognized the need Accordingly, Mr. Speaker, I will vote Ballenger Bono Clay of each individual to search their hearts and ‘‘Present’’ on this resolution. I believe Barcia Borski Clayton seek the will of God. it is very important for people of all Barr Boswell Clement Franklin called on the Members of the Con- Barrett (NE) Boucher Clyburn faiths to pray, reflect and seek divine Barrett (WI) Boyd Coble gress to take three days of prayer and fasting. guidance. It is not, however, the busi- Bartlett Brady (PA) Coburn At the end of these three days, the delegates ness of government to direct or pre- Barton Brady (TX) Collins humbly returned, and were able to complete scribe this fundamental activity. Bass Brown (FL) Combest the framework of the Constitution which is the Mrs. CHENOWETH. Mr. Speaker, I Bateman Brown (OH) Condit Becerra Bryant Conyers basis of the law of our nation. yield back the balance of my time. Bentsen Burr Cook As Americans, we are all grateful that Ben The SPEAKER pro tempore (Mr. Bereuter Burton Cooksey Franklin recognized the need for God and PEASE). The question is on the motion Berkley Buyer Costello prayer within the political agenda. Each of the offered by the gentlewoman from Idaho Berman Callahan Cox delegates had a strong understanding of right (Mrs. CHENOWETH) that the House sus- Berry Calvert Coyne

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5045 Cramer Hulshof Nethercutt Sweeney Toomey Waxman Blunt Ganske Lowey Crane Hunter Ney Talent Towns Weiner Boehlert Gejdenson Lucas (KY) Crowley Hutchinson Northup Tancredo Traficant Weldon (FL) Boehner Gekas Lucas (OK) Cubin Hyde Norwood Tanner Turner Weldon (PA) Bonilla Gephardt Luther Cummings Inslee Nussle Tauscher Udall (CO) Weller Bonior Gibbons Maloney (CT) Danner Isakson Oberstar Tauzin Udall (NM) Wexler Bono Gilchrest Maloney (NY) Davis (FL) Istook Obey Taylor (MS) Upton Weygand Borski Gillmor Manzullo Davis (IL) Jackson (IL) Olver Taylor (NC) Velazquez Whitfield Boswell Gilman Markey Davis (VA) Jackson-Lee Ortiz Terry Vento Wicker Boucher Gonzalez Martinez Deal (TX) Ose Thomas Visclosky Wilson Boyd Goode Mascara DeFazio Jefferson Owens Thompson (CA) Vitter Wise Brady (PA) Goodlatte Matsui DeGette Jenkins Oxley Thompson (MS) Walden Wolf Brady (TX) Goodling McCarthy (MO) Delahunt John Packard Thornberry Walsh Woolsey Brown (FL) Gordon McCarthy (NY) DeLauro Johnson (CT) Pallone Thune Wamp Wu Brown (OH) Goss McCollum DeLay Johnson, E. B. Pascrell Thurman Waters Wynn Bryant Graham McCrery DeMint Johnson, Sam Pastor Tiahrt Watkins Young (AK) Burr Granger McDermott Deutsch Jones (NC) Paul Tierney Watt (NC) Young (FL) Burton Green (TX) McGovern Buyer Green (WI) McHugh Diaz-Balart Jones (OH) Payne NOT VOTING—10 Dickey Kanjorski Pease Callahan Greenwood McInnis Dicks Kaptur Pelosi Allen Cunningham Ros-Lehtinen Calvert Gutierrez McIntosh Dingell Kasich Peterson (MN) Blagojevich Hoyer Watts (OK) Camp Gutknecht McIntyre Dixon Kelly Peterson (PA) Brown (CA) McKinney Campbell Hall (OH) McKeon Doggett Kennedy Petri Cannon Meehan Canady Hall (TX) McKinney Dooley Kildee Phelps Capps Hansen McNulty Doolittle Kilpatrick Pickering b 1807 Capuano Hastings (FL) Meek (FL) Cardin Hastings (WA) Meeks (NY) Doyle Kind (WI) Pickett Mr. HEFLEY changed his vote from Dreier King (NY) Pitts Carson Hayes Menendez Duncan Kingston Pombo ‘‘nay’’ to ‘‘yea.’’ Castle Hayworth Metcalf Dunn Kleczka Pomeroy So (two-thirds having voted in favor Chabot Hefley Mica Chambliss Herger Millender- Edwards Klink Porter thereof) the rules were suspended and Ehlers Knollenberg Portman Chenoweth Hill (IN) McDonald Clay Hill (MT) Miller (FL) Ehrlich Kolbe Price (NC) the bill, as amended, was passed. Clayton Hilleary Miller, Gary Emerson Kucinich Pryce (OH) The result of the vote was announced Clement Hilliard Miller, George Engel Kuykendall Quinn as above recorded. Clyburn Hinchey Minge English LaFalce Radanovich A motion to reconsider was laid on Coble Hinojosa Mink Eshoo LaHood Rahall Coburn Hobson Moakley Etheridge Lampson Ramstad the table. Collins Hoeffel Mollohan Evans Lantos Rangel f Combest Hoekstra Moore Everett Largent Regula Condit Holden Moran (KS) Ewing Larson Reyes ANNOUNCEMENT BY THE SPEAKER Conyers Holt Moran (VA) Farr Latham Reynolds Cook Hooley Morella LaTourette PRO TEMPORE Fattah Riley Cooksey Horn Murtha Filner Lazio Rivers The SPEAKER pro tempore (Mr. Costello Hostettler Myrick Fletcher Leach Rodriguez Cox Houghton Nadler Foley Lee Roemer PEASE). Pursuant to the provisions of clause 8, rule XX, the Chair announces Coyne Hoyer Napolitano Forbes Levin Rogan Cramer Hulshof Neal Ford Lewis (CA) Rogers that he will reduce to a minimum of 5 Crane Hunter Nethercutt Fossella Lewis (GA) Rohrabacher minutes the period of time within Crowley Hutchinson Ney Fowler Lewis (KY) Rothman which a vote by electronic device may Cubin Hyde Northup Frank (MA) Linder Roukema Cummings Inslee Norwood Franks (NJ) Lipinski Roybal-Allard be taken on each additional motion to Danner Isakson Nussle Frelinghuysen LoBiondo Royce suspend the rules on which the chair Davis (FL) Istook Oberstar Frost Lofgren Rush has postponed further proceedings. Davis (IL) Jackson (IL) Obey Gallegly Lowey Ryan (WI) Davis (VA) Jackson-Lee Olver Ganske Lucas (KY) Ryun (KS) f Deal (TX) Ortiz Gejdenson Lucas (OK) Sabo DeFazio Jefferson Ose Gekas Luther Salmon EXPRESSING SENSE OF HOUSE DeGette Jenkins Owens Gephardt Maloney (CT) Sanchez CONDEMNING ACTS OF VIOLENCE Delahunt John Oxley Gibbons Maloney (NY) Sanders DeLauro Johnson (CT) Packard Gilchrest Manzullo Sandlin AT THREE SACRAMENTO, CALI- DeLay Johnson, E. B. Pallone Gillmor Markey Sanford FORNIA, SYNAGOGUES DeMint Johnson, Sam Pascrell Gilman Martinez Sawyer Deutsch Jones (NC) Pastor Gonzalez Mascara Saxton The SPEAKER pro tempore. The Dickey Jones (OH) Payne Goode Matsui Scarborough pending business is the question of sus- Dicks Kanjorski Pease Goodlatte McCarthy (MO) Schaffer pending the rules and agreeing to the Dingell Kaptur Pelosi Goodling McCarthy (NY) Schakowsky resolution, House Resolution 226. Dixon Kasich Peterson (MN) Gordon McCollum Scott Doggett Kelly Peterson (PA) Goss McCrery Sensenbrenner The Clerk read the title of the resolu- Dooley Kennedy Petri Graham McDermott Serrano tion. Doolittle Kildee Phelps Granger McGovern Sessions The SPEAKER pro tempore. The Doyle Kilpatrick Pickering Green (TX) McHugh Shadegg Dreier Kind (WI) Pickett Green (WI) McInnis Shaw question is on the motion of the gen- Duncan King (NY) Pitts Greenwood McIntosh Shays tleman from Pennsylvania (Mr. GEKAS) Dunn Kingston Pombo Gutierrez McIntyre Sherman that the House suspend the rules and Edwards Kleczka Pomeroy Gutknecht McKeon Sherwood agree to the resolution, House Resolu- Ehlers Klink Porter Hall (OH) McNulty Shimkus Ehrlich Knollenberg Portman Hall (TX) Meek (FL) Shows tion 226, on which the yeas and nays Emerson Kolbe Price (NC) Hansen Meeks (NY) Shuster are ordered. Engel Kucinich Pryce (OH) Hastings (FL) Menendez Simpson This will be a 5-minute vote. English Kuykendall Quinn Hastings (WA) Metcalf Sisisky Eshoo LaFalce Radanovich Hayes Mica Skeen The vote was taken by electronic de- Etheridge LaHood Rahall Hayworth Millender- Skelton vice, and there were—yeas 425, nays 0, Evans Lampson Ramstad Hefley McDonald Slaughter answered ‘‘present’’ 1, not voting 8, as Everett Lantos Rangel Herger Miller (FL) Smith (MI) follows: Ewing Largent Regula Hill (IN) Miller, Gary Smith (NJ) Farr Larson Reyes Hill (MT) Miller, George Smith (TX) [Roll No. 258] Fattah Latham Reynolds Hilleary Minge Smith (WA) YEAS—425 Filner LaTourette Riley Hilliard Mink Snyder Fletcher Lazio Rivers Hinchey Moakley Souder Abercrombie Baldwin Bentsen Foley Leach Rodriguez Hinojosa Mollohan Spence Ackerman Ballenger Bereuter Forbes Lee Roemer Hobson Moore Spratt Aderholt Barcia Berkley Ford Levin Rogan Hoeffel Moran (KS) Stabenow Allen Barr Berman Fossella Lewis (CA) Rogers Hoekstra Moran (VA) Stark Andrews Barrett (NE) Berry Fowler Lewis (GA) Rohrabacher Holden Morella Stearns Archer Barrett (WI) Biggert Frank (MA) Lewis (KY) Rothman Holt Murtha Stenholm Armey Bartlett Bilbray Franks (NJ) Linder Roukema Hooley Myrick Strickland Bachus Barton Bilirakis Frelinghuysen Lipinski Roybal-Allard Horn Nadler Stump Baird Bass Bishop Frost LoBiondo Royce Hostettler Napolitano Stupak Baker Bateman Bliley Gallegly Lofgren Rush Houghton Neal Sununu Baldacci Becerra Blumenauer

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5046 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Ryan (WI) Smith (WA) Turner Callahan Hoekstra Quinn Gejdenson Martinez Rodriguez Ryun (KS) Snyder Udall (CO) Calvert Holden Radanovich Gephardt Matsui Rothman Sabo Souder Udall (NM) Camp Horn Rahall Gonzalez McCarthy (MO) Roybal-Allard Salmon Spence Upton Canady Hostettler Ramstad Gutierrez McCarthy (NY) Rush Sanchez Spratt Velazquez Capps Houghton Regula Hastings (FL) McDermott Sabo Sanders Stabenow Vento Castle Hulshof Reynolds Hinojosa McGovern Sanchez Sandlin Stark Visclosky Chabot Hunter Riley Holt McKinney Sanders Sanford Stearns Vitter Chambliss Hutchinson Roemer Hooley McNulty Sanford Sawyer Stenholm Walden Chenoweth Hyde Rogan Hoyer Meek (FL) Sawyer Saxton Strickland Walsh Clement Isakson Rogers Inslee Meeks (NY) Schakowsky Scarborough Stump Wamp Coble Istook Rohrabacher Jackson (IL) Menendez Scott Schaffer Stupak Waters Coburn Jefferson Ros-Lehtinen Jackson-Lee Millender- Serrano Schakowsky Sununu Watkins Collins Jenkins Roukema (TX) McDonald Sherman Scott Sweeney Watt (NC) Combest John Royce Johnson (CT) Miller, George Slaughter Sensenbrenner Talent Waxman Condit Johnson, Sam Ryan (WI) Johnson, E. B. Minge Smith (WA) Serrano Tancredo Weiner Cook Jones (NC) Ryun (KS) Jones (OH) Mink Stark Sessions Tanner Weldon (FL) Cooksey Kasich Salmon Kanjorski Moakley Stupak Shadegg Tauscher Weldon (PA) Costello Kelly Sandlin Kennedy Moore Tauscher Shaw Tauzin Weller Cox Kildee Saxton Kilpatrick Moran (VA) Thompson (CA) Shays Taylor (MS) Wexler Cramer King (NY) Scarborough Kind (WI) Nadler Tierney Sherman Taylor (NC) Weygand Crane Kingston Schaffer Kolbe Neal Udall (NM) Sherwood Terry Whitfield Cubin Kleczka Sensenbrenner Kucinich Oberstar Velazquez Shimkus Thomas Wicker Danner Klink Sessions Kuykendall Olver Vento Shows Thompson (CA) Wilson Davis (FL) Knollenberg Shadegg Lantos Owens Waters Shuster Thompson (MS) Wise Davis (VA) LaFalce Shaw Larson Pallone Waxman Simpson Thornberry Wolf Deal LaHood Shays Lee Paul Weiner Sisisky Thune Woolsey DeLay Lampson Sherwood Levin Payne Wexler Skeen Thurman Wu DeMint Largent Shimkus Lewis (GA) Pelosi Weygand Skelton Tiahrt Wynn Dickey Latham Shows Lofgren Pickett Woolsey Slaughter Tierney Young (AK) Doolittle LaTourette Shuster Lowey Rangel Wu Smith (MI) Toomey Young (FL) Doyle Lazio Simpson Luther Reyes Smith (NJ) Towns Dreier Leach Sisisky Markey Rivers Smith (TX) Traficant Skeen Duncan Lewis (CA) ANSWERED ‘‘PRESENT’’—11 Dunn Lewis (KY) Skelton ANSWERED ‘‘PRESENT’’—1 Ehlers Linder Smith (MI) Boyd Pascrell Udall (CO) Paul Ehrlich Lipinski Smith (NJ) Clayton Pomeroy Watt (NC) Emerson LoBiondo Smith (TX) Kaptur Strickland Wynn NOT VOTING—8 English Lucas (KY) Snyder Maloney (NY) Thurman Etheridge Lucas (OK) Souder Blagojevich Cunningham Ros-Lehtinen NOT VOTING—8 Brown (CA) Diaz-Balart Watts (OK) Everett Maloney (CT) Spence Cannon Meehan Ewing Manzullo Spratt Blagojevich Cunningham Obey Fletcher Mascara Stabenow Brown (CA) Diaz-Balart Watts (OK) b 1815 Foley McCollum Stearns Cannon Meehan Forbes McCrery Stenholm b So (two-thirds having voted in favor Fossella McHugh Stump 1824 thereof) the rules were suspended and Fowler McInnis Sununu Mr. BENTSEN changed his vote from Franks (NJ) McIntosh Sweeney the resolution was agreed to. Frelinghuysen McIntyre Talent ‘‘nay’’ to ‘‘yea.’’ The result of the vote was announced Gallegly McKeon Tancredo Ms. HOOLEY of Oregon and Mr. as above recorded. Ganske Metcalf Tanner MENENDEZ changed their vote from A motion to reconsider was laid on Gekas Mica Tauzin ‘‘present’’ to ‘‘nay.’’ Gibbons Miller (FL) Taylor (MS) Mrs. CLAYTON changed her vote the table. Gilchrest Miller, Gary Taylor (NC) from ‘‘nay’’ to ‘‘present.’’ f Gillmor Mollohan Terry Gilman Moran (KS) Thomas So (two-thirds not having voted in Thompson (MS) RECOGNIZING NATIONAL NEED Goode Morella favor thereof) the motion was rejected. Goodlatte Murtha Thornberry The result of the vote was announced FOR RECONCILIATION AND Thune Goodling Myrick as above recorded. HEALING AND RECOMMENDING A Gordon Napolitano Tiahrt CALL FOR DAYS OF PRAYER Goss Nethercutt Toomey f Graham Ney Towns The SPEAKER pro tempore (Mr. Granger Northup Traficant PERSONAL EXPLANATION Green (TX) Norwood Turner PEASE). The pending business is the Ms. ROS-LEHTINEN. Mr. Speaker, on H.R. Green (WI) Nussle Upton question of suspending the rules and Greenwood Ortiz Visclosky 2280, rollcall No. 257 and House Resolution agreeing to the concurrent resolution, Gutknecht Ose Vitter 226, rollcall No. 258, had I been present, I House Concurrent Resolution 94. Hall (OH) Oxley Walden would have voted ``yes.'' Walsh Hall (TX) Packard f The Clerk read the title of the con- Hansen Pastor Wamp current resolution. Hastings (WA) Pease Watkins REPORT ON RESOLUTION PROVID- Hayes Peterson (MN) Weldon (FL) The SPEAKER pro tempore. The ING FOR CONSIDERATION OF question is on the motion offered by Hayworth Peterson (PA) Weldon (PA) Hefley Petri Weller H.R. 66, THE ROUTE 66 CORRIDOR the gentlewoman from Idaho (Mrs. Herger Phelps Whitfield ACT CHENOWETH) that the House suspend Hill (IN) Pickering Wicker the rules and agree to the concurrent Hill (MT) Pitts Wilson Mrs. MYRICK, from the Committee Wise resolution, H.Con. Res. 94, on which the Hilleary Pombo on Rules, submitted a privileged report Hilliard Porter Wolf (Rept. No. 106–208) on the resolution (H. yeas and nays are ordered. Young (AK) Hinchey Portman Res. 230) providing for consideration of This will be a 5-minute vote. Hobson Price (NC) Young (FL) the bill (H.R. 66) to preserve the cul- The vote was taken by electronic de- Hoeffel Pryce (OH) tural resources of the Route 66 corridor vice, and there were—yeas 275, nays NAYS—140 and to authorize the Secretary of the 140, answered ‘‘present’’ 11, not voting Abercrombie Brown (OH) Deutsch Interior to provide assistance, which 8, as follows: Ackerman Campbell Dicks was referred to the House Calendar and [Roll No. 259] Allen Capuano Dingell ordered to be printed. Andrews Cardin Dixon YEAS—275 Baird Carson Doggett f Aderholt Bass Boehner Baldacci Clay Dooley Archer Bateman Bonilla Baldwin Clyburn Edwards REPORT ON RESOLUTION PROVID- Armey Bentsen Bono Barrett (WI) Conyers Engel ING FOR CONSIDERATION OF Bachus Bereuter Borski Becerra Coyne Eshoo H.R. 592, WORLD WAR VETERANS Baker Berry Boswell Berkley Crowley Evans Ballenger Biggert Brady (TX) Berman Cummings Farr PARK AT MILLER FIELD GATE- Barcia Bilirakis Brown (FL) Bilbray Davis (IL) Fattah WAY NATIONAL RECREATION Barr Bishop Bryant Blumenauer DeFazio Filner AREA Barrett (NE) Bliley Burr Bonior DeGette Ford Bartlett Blunt Burton Boucher Delahunt Frank (MA) Mrs. MYRICK, from the Committee Barton Boehlert Buyer Brady (PA) DeLauro Frost on Rules, submitted a privileged report

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5047

(Rept. No. 106–209) on the resolution (H. ANNUAL REPORT OF CORPORA- tleman from Illinois (Mr. LIPINSKI) is Res. 231) providing for consideration of TION FOR PUBLIC BROADCAST- recognized for 5 minutes. the bill (H.R. 592) to designate Great ING AND INVENTORY OF FED- Mr. LIPINSKI. Mr. Speaker, I rise to- Kills Park in the Gateway National ERAL FUNDS DISTRIBUTED TO night in opposition to NAFTA and its Recreation Area as ‘‘World War II Vet- PUBLIC TELECOMMUNICATIONS provisions to expand Mexican trucking erans Park at Great Kills,’’ which was ENTITIES BY FEDERAL DEPART- privileges into the United States. referred to the House Calendar and or- MENTS AND AGENCIES—MES- When we debated NAFTA in 1993, sup- dered to be printed. SAGE FROM THE PRESIDENT OF porters claimed that NAFTA would not f THE UNITED STATES harm American workers and workers in Mexico and would not harm the en- REPORT ON RESOLUTION PROVID- The SPEAKER pro tempore laid be- fore the House the following message vironment. Unfortunately, they were ING FOR CONSIDERATION OF wrong. This treaty has sent thousands H.R. 791, STAR-SPANGLED BAN- from the President of the United States; which was read and, together of good American jobs south of the bor- NER NATIONAL HISTORIC TRAIL der and it has subjected that border to STUDY ACT OF 1999 with the accompanying papers, without objection, referred to the Committee increased pollution of the air, water Mrs. MYRICK, from the Committee on Commerce: and land. Mexican workers are being on Rules, submitted a privileged report abused and are not reaping the finan- (Rept. No. 106–210) on the resolution (H. To the Congress of the United States: cial or social benefits they were prom- Res. 232) providing for consideration of In accordance with the Public Broad- ised. And America is being abused by the bill (H.R. 791) to amend the Na- casting Act of 1967, as amended (47 other countries that are sneaking tional Trail Systems Act to designate U.S.C. 396(i)), I transmit herewith the goods into the United States through the route of the War of 1812 British in- Annual Report of the Corporation for dummy Mexican corporations. These vasion of Maryland and Washington, Public Broadcasting (CPB) for Fiscal are the most prominent promises bro- District of Columbia, and the route of Year 1998 and the Inventory of the Fed- ken by NAFTA. But we are about to the American defense, for study for po- eral Funds Distributed to Public Tele- add to the list. This administration, tential addition to the national trail communications Entities by Federal under terms of NAFTA, is considering systems, which was referred to the Departments and Agencies for that opening up all of America to Mexican House Calendar and ordered to be same year. trucks as of January 1, 2000. Among its many outstanding printed. What will the entrance of Mexican projects over the past year, CPB has trucks mean for America? It will gen- f put considerable time and effort into erate more pollution and increase the REPORT ON RESOLUTION PROVID- strengthening the teaching and devel- loss of good-paying American jobs. ING FOR CONSIDERATION OF opment of America’s literary tradition. Most seriously, it will threaten the H.R. 1218, CHILD CUSTODY PRO- Working with educators, writers, and lives of qualified American drivers who TECTION ACT experts from all across the country, will be forced to share the road with CPB has launched a companion website Mrs. MYRICK, from the Committee unqualified foreign drivers who, as evi- filled with exceptional teaching mate- on Rules, submitted a privileged report dence proves, are driving unsafe, pollu- rials and continues to make possible (Rept. No. 106–211) on the resolution (H. tion-belching trucks. the broadcast of some of the Nation’s Res. 233) providing for the consider- U.S. inspectors, some operating just finest literature over our public air- ation of the bill (H.R. 1218) to amend during the weekday hours of 9 a.m. to waves. In addition, CPB is also expand- title 18, United States Code, to prohibit 5 p.m. have found that almost 50 per- ing the availability of teacher profes- taking minors across State lines in cir- cent of inspected Mexican trucks have sional development in the social cumvention of laws requiring the in- been ordered to undergo immediate sciences, humanities, and literature. volvement of parents in abortion deci- service for safety problems. This is As we move into the digital age, I am based on the results of the few inspec- sions, which was referred to the House confident that the Corporation for Pub- Calendar and ordered to be printed. tions of trucks already allowed to lic Broadcasting will continue to act as enter a commercial zone in the U.S. In f a guiding force. As the projects above reality, hordes of unexpected foreign REPORT TO CONGRESS ON NA- illustrate, CPB not only inspires us, it trucks cross various border points after TIONAL EMERGENCIES WITH RE- educates and enriches our national cul- 5 p.m. and before 9 a.m. in the morning SPECT TO FEDERAL REPUBLIC ture. and on the weekends when there are no OF YUGOSLAVIA AND KOSOVO— WILLIAM J. CLINTON. inspectors available. Accordingly, the MESSAGE FROM THE PRESIDENT THE WHITE HOUSE, June 29, 1999. Department of Transportation’s In- OF THE UNITED STATES f spector General has already concluded that the DOT does not have a consist- The SPEAKER pro tempore (Mr. b 1830 ent enforcement program to provide PEASE) laid before the House the fol- SPECIAL ORDERS reasonable assurance of the safety of lowing message from the President of The SPEAKER pro tempore (Mr. trucks entering the United States. How the United States; which was read and, PEASE). Under the Speaker’s an- could this administration suggest ex- together with the accompanying pa- nounced policy of January 6, 1999, and panding border trucking privileges pers, without objection, referred to the under a previous order of the House, when we cannot regulate the current Committee on International Relations the following Members will be recog- privileges we offer? and ordered to be printed. nized for 5 minutes each. Unsafe trucks are not only appearing To the Congress of the United States: f in the four border States, but as this As required by section 401(c) of the The SPEAKER pro tempore. Under a map here shows, reports of dangerous National Emergencies Act, 50 U.S.C. previous order of the House, the gen- trucks have come from at least 24 addi- 1641(c) and section 204(c) of the Inter- tleman from Indiana (Mr. BURTON) is tional States. From Washington to Illi- national Emergency Economic Powers recognized for 5 minutes. nois to New York, the entire country is Act (IEEPA), 50 U.S.C. 1703(c), I trans- (Mr. BURTON of Indiana addressed at risk. Therefore, very soon I plan on mit herewith a 6-month periodic report the House. His remarks will appear introducing the Foreign Truck Safety on the national emergency with re- hereafter in the Extensions of Re- Act, legislation that will require man- spect to Yugoslavia (Serbia and Mon- marks.) datory safety inspections on all trucks tenegro) as declared in Executive Order f crossing into the United States from 12808 on May 30, 1992, and with respect Mexico. As of January 2, 2000, the For- to Kosovo as declared in Executive SUPPORT FOREIGN TRUCK eign Truck Safety Act will authorize Order 13088 on June 9, 1998. SAFETY ACT the border States to impose and collect WILLIAM J. CLINTON. The SPEAKER pro tempore. Under a fees on trucks to cover the cost of THE WHITE HOUSE, June 29, 1999. previous order of the House, the gen- these inspections. By requiring all

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5048 CONGRESSIONAL RECORD — HOUSE June 29, 1999 trucks to pass inspections before enter- and at the Department of Energy in small business and the entrepreneurial ing the United States, we can help to Oak Ridge can count ourselves ex- spirit in this country today, only about limit the risks these unsafe trucks pose tremely fortunate that we benefited half of the businesses that were started to our citizens. This country entered from his public service. in 1992 are still in existence today. into NAFTA in order to better the lives He is the type of executive who Many small businesses fail in the of our citizens. Without this legisla- makes the term ‘‘government official’’ first few years for lack of capital. As a tion, we will simply put our citizens in sound like the noble and honorable small businessman myself, I have ap- more jeopardy. calling it should be. During the years I preciated firsthand the difficulty of ac- I think people are more important have known Jim, he has shown himself quiring and retaining capital both to than profits, and I am concerned about to be a risk taker who is willing to start a business and to keep it going. the thousands of unsafe Mexican push the envelope for needed reforms. The problem is caused in part by our trucks rumbling down our highways He is also not in the least bit afraid to tax system. When I started my busi- and biways. Average Americans al- challenge the status quo and to stand ness over 15 years ago, I was surprised ready are fearful about driving next to up to the bureaucracy when the need when my accountant told me that we large safe U.S. trucks that pass inspec- arises. needed to make sure that I did not tions. Imagine their fears when unsafe Jim Hall’s pioneering work on re- show a profit at the end of the year. Mexican trucks hit our streets, roads industrialization is typical of his ca- and superhighways. reer. Many managers at Jim’s stage in Our tax system discourages capital Mr. Speaker, it is time to stand up their careers would have been content retention. The problem is if I report a for Americans. Therefore, I urge all my to just run out the clock and just do profit at the end of the year, I pay cor- colleagues to work with me to pass the what they had to as their retirement porate taxes, and then when I pay my- Foreign Truck Safety Act so that neared. But as a skilled manager and self a salary the next year, I am taxed Americans will never be afraid to drive dedicated resident of east Tennessee, again on the same money. The ac- down Main Street USA. Jim was determined that the great res- countants call it double taxation. f ervoir of human and technological cap- Every incentive of the tax system is to ital assembled in Oak Ridge to help us reduce profits and to reduce the TRIBUTE TO JAMES C. HALL, OAK win World War II and the Cold War amount of money in your company so RIDGE OPERATIONS MANAGER should be parlayed into economic op- that you can reduce taxes. I would like The SPEAKER pro tempore (Mr. portunity for generations to come. So to change that. SUNUNU). Under a previous order of the he pioneered the reindustrialization House, the gentleman from Tennessee The very first dollar of new busi- program and skillfully managed the nesses is taxed and businesses are en- (Mr. WAMP) is recognized for 5 minutes. national security and scientific mis- couraged, just as I was in my business, Mr. WAMP. Mr. Speaker, on July 2, sions of the Department of Energy in a James C. ‘‘Jim’’ Hall will retire as to allow any excess capital to pass way that makes me proud as the rep- through. The ultimate result is less manager of Oak Ridge Operations for resentative of the Oak Ridge and east the U.S. Department of Energy. His de- growth and less staying power for Tennessee region. many small businesses. An April 1999 parture will mark the end of a 31-year On behalf of the thousands of citizens career in government that stands out Dun & Bradstreet survey confirmed, that Jim Hall served so well, I thank and I quote, cash flow is the pervasive as a bright and shining example of him for his service to his community financial management issue for small dedicated service to the United States and to his Nation and we wish him hap- business owners. It manifests itself in Department of Energy and the people piness and success as he begins a new ongoing capital, managing inventory, of the United States. chapter in his life. Beginning in 1968 as an intern for the extending credit to customers, all Atomic Energy Commission, one of the f kinds of problems related to finances. agencies that was eventually folded The SPEAKER pro tempore. Under a The DeMint-Baird Start-Up Success into the Energy Department, Jim Hall previous order of the House, the gen- Accounts Act begins to alleviate some rose steadily through the ranks until tleman from Alabama (Mr. HILLIARD) is of this problem. What it does is it will he was promoted to his present posi- recognized for 5 minutes. allow companies in each of their first 5 tion in 1995. (Mr. HILLIARD addressed the House. years of business to set aside 20 percent Perhaps Jim Hall’s greatest achieve- His remarks will appear hereafter in of taxable income into an account that ment in Oak Ridge is his commitment the Extensions of Remarks.) will last for 5 years. So the span of to the reindustrialization program f these accounts can last up to 10 years which is an innovative ‘‘swords to when you put all 5 years together. plowshares’’ effort that stands out as a START-UP SUCCESS ACCOUNTS ACT OF 1999 What this does again is encourages model for the whole Nation. Facilities small businesses to save money and to such as the old K–25 gaseous diffusion The SPEAKER pro tempore. Under a leave money in their company so that plant at the Oak Ridge complex are previous order of the House, the gen- they can use it to create growth and being cleaned up and made available tleman from South Carolina (Mr. opportunity. So 20 percent of taxable for use by the private sector. The DEMINT) is recognized for 5 minutes. income each of the first 5 years for plant, now called the East Tennessee Mr. DEMINT. Mr. Speaker, I rise start-up savings accounts. This will Technology Park, is already generating today on behalf of myself and the gen- help businesses stabilize and grow. the kind of jobs the east Tennessee re- tleman from Washington (Mr. BAIRD) gion needs for the 21st century. This ef- to introduce the Start-Up Success Ac- In addition, small businesses could fort saves the government and the tax- counts Act of 1999. The purpose of this draw down on the funds of the accounts payers $800 million in maintenance and legislation is to give small businesses in lean years. That is many times the other costs. More importantly, the pro- an additional tool to manage finances problem with small businesses. They gram is attracting to Oak Ridge ex- and retain capital. will have one good year, they will take actly the kinds of family wage jobs Small businesses account for almost money out to avoid double taxation, east Tennessee will need as we begin all of the net new jobs in our economy the next year is a lean year and they the 21st century. In May of 1998, Mr. today, with minority and women- have difficulty staying in business. Hall received a Presidential Meritori- owned businesses making up two of the This gives new businesses and small ous Rank Award for his efforts to de- fastest growing categories of new busi- businesses the flexibility to keep cap- velop the environmental cleanup and nesses. Starting a business represents ital in their company so they can in- reindustrialization program. the hopes and the dreams of many vest it for the future. Jim Hall has brought extraordinary Americans. But there is a problem. Small businesses are the engine to energy, ability and vision to his work According to the U.S. Census Bureau, our economy today in this country. at the Oak Ridge operations office, and over 99.9 percent of all business failures More small businesses that can find we in the Third District of Tennessee are small firms. With all the promise of stable footing in those first few years

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5049 will mean more jobs and more oppor- cent AEA report showed that the num- school, to pay the mortgage on their tunity for many Americans. We must ber of degrees in computer science, en- house, and then enough left over to return dollars, decisions and freedom gineering, mathematics, and physics send to Uncle Sam. to our Nation’s new small businesses. I have actually declined since 1990. Quite And I understand the temptation in believe the Start-Up Savings Accounts clearly, Mr. Speaker, there is no way Washington for the most part to spend Act is a good step in that direction. that America can have a technically that money, and by the way, when you f competent work force if the majority project a lot, you get to spend a lot. I of students, females, do not study INTRODUCTION OF ‘‘GO GIRL’’ would hope that we would exercise re- science, math, and technology. sponsibility, understand that the basis The SPEAKER pro tempore. Under a That is why today I am introducing a for the surplus is not because in the previous order of the House, the gentle- bill to help school districts encourage last several years the Congress, con- woman from California (Ms. WOOLSEY) girls to pursue careers in science, trolled by the Republicans, has spent is recognized for 5 minutes. math, and technology. Although my so much money, but has taken the re- Ms. WOOLSEY. Mr. Speaker, I ask bill is titled Getting Our Girls Ready sponsible approach of not spending all you, what is wrong with this picture? for the 21st Century Act, it will be the taxpayer money, and the seeds of Females make up slightly more than 50 known around here as Go Girl. Go Girl this prosperity I would argue were percent of this country’s population, will create a bold new work force to en- sowed in the eighties, when we cut yet less than 30 percent of America’s ergize young women in math, science, taxes, when we decided that regula- scientists are women. Even fewer engi- and technology. Go Girl is modeled tions or too much regulation, only sti- neers are women, less than 10 percent. after the TRIO program which has suc- fled productivity and creativity and in- In 1994, there were 209 tenured fac- cessfully encouraged 2 million low-in- hibited growth, and I think that is ulty at the Massachusetts Institute of come students to attend and graduate what laid the foundation to this sur- Technology. Fifteen of those 209 were from college when their parents never plus. women. Of course these figures are not attended college. Now there are those who can argue at all surprising when we learn that in Similarly, the lack of female role that, well, we raised taxes, and that is 1985, women earned less than 30 percent models hampers female interest in why we have a huge surplus. What I of the bachelor degrees in the physical studying science, math, and tech- think that does is underestimates the sciences and less than 10 percent of the nology. Girls and their parents first American people. We need to under- bachelor degrees in engineering. You must be able to envision a career in stand that when we lower taxes, when do not even want to hear the percent- these fields. Then they need practical we reduce regulation, when we allow age of Ph.D.s in the science and math advice on what to study and how to the American taxpayer, the small busi- fields that are earned by women. achieve the necessary academic re- ness owner, employee or the employer, Just to give Members an example, quirements. Go Girl follows girls from to unleash their spirit to produce and about 8 percent of the Ph.D.s in physics the fourth grade, the grade when girls to create and, yes, to give back to their in 1988 were awarded to women. Eight typically begin to fall behind boys in local community; that is the America percent. My colleagues may be asking math and science, and they are fol- that we should all be proud of, not themselves, ‘‘So what? Is this some na- lowed through high school to encour- when we sit in Washington and say how tional problem?’’ age these young women to be inter- are we going to divvy up this trillion The answer is yes, this is a big prob- ested in math, to care about science, to dollars that the people across this lem, a big problem for employers, a big want to learn technology in the early country are working so hard to gen- problem for women as wage-earners grades. Girls will participate in events erate? and a big problem for our Nation as we and activities that increase their We are fortunate enough these days compete in the global marketplace. awareness of careers in these fields, that there is a lot of prosperity around, and they will meet female role models. b 1845 but the best days lie ahead, and again The issue is: Go Girls. I can only urge those in Congress and The Bureau of Labor Statistics f projects that between 1994 and the year in the White House that it is the tax- 2005 the number of women in the labor DOING THE RIGHT THING FOR THE payer money that we are the stewards force will grow twice as fast as men. TAXPAYERS of here, and it is our obligation to do Yet a recent study of school-to-work The SPEAKER pro tempore. Under a what is responsible, to promote eco- projects found that 90 percent of girls previous order of the House, the gen- nomic growth and to lower taxes when are clustered in five traditionally fe- tleman from New York (Mr. FOSSELLA) we can, and if we want to keep this male occupations. is recognized for 5 minutes. economy growing, we use a big chunk My colleagues do not need me to tell Mr. FOSSELLA. Mr. Speaker, in to- of this so-called surplus to cut taxes. them that careers in traditionally fe- day’s papers across the country typi- And there is a lot of proposals on the male occupations pay far less than ca- cally it would be among the leading table. The elimination of the marriage reers in science, math, and technology. stories, if not the leading story, was penalty tax or the capital gains tax to For example, a data analyst can expect that the Federal Government is now spur investment, which is a tax on cap- to earn $45,000 a year while a licensed awash in a trillion dollar surplus. ital. I would like to see a reduction in practical nurse makes less than $25,000 Now I have been here a year and a the personal income tax across the a year. Men become analysts, women half, and it is amazing how many pro- board, so that way any American who become nurses, and a kindergarten jections there are when it comes to the pays taxes receives a benefit, or, in teacher, mostly females, make only budget surplus. It seems as if every short, more of their hard-earned money $18,000 a year when they first get start- month there is a new projection, and I in their pocket because frankly when ed as compared to a starting engineer have a feeling, if we wait long enough, we provide the freedom and the liberty at over $30,000 a year. it will be a zillion dollar surplus. and the opportunity to the hard-work- In addition, the National Science The point is that with the American ing American to spend his or her hard- Foundation reports that the jobs facing people and I would hope that Members earned money as they see fit on their workers in the future will require high- on either side of the aisle here remem- vacation or their child’s education or a er skill levels in science, math, and ber is that those surpluses are the re- second home or whatever they desire, technology than ever before. The NSF sults of the hard work of the American we are doing the right thing for Amer- report is verified by a letter that I re- taxpayer, whether it is from where I ica, the right thing for the taxpayer, cently received from the American am from in Staten Island or Brooklyn, and I hope in the days ahead the Con- Electronics Association. The AEA anywhere across New York and across gress and the White House recognizes wrote to me to tell me that today the this country. It is the folks who get up the seeds of that prosperity are not high tech industry is facing a critical every morning 5, 6 o’clock, working sown here in Washington but across shortage of skilled workers, and the fu- two, sometimes three jobs, to put food Main Street, across this great country ture looks even worse they say. A re- on their table, to send their children to of ours, the United States of America.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5050 CONGRESSIONAL RECORD — HOUSE June 29, 1999 VETERANS ENTREPRENEURSHIP ship called the National Veterans Busi- swim to safety, the smaller Coast AND SMALL BUSINESS DEVELOP- ness Development Corporation to pro- Guard vessels pursued them and pushed MENT ACT OF 1999 vide access to technical assistance and them against the sand, corralling them The SPEAKER pro tempore. Under a an advisory committee on veterans’ like cattle. Actually in this country we previous order of the House, the gentle- business affairs to serve as an inde- afford animals much better treatment woman from California (Ms. pendent source of advice for Congress than that. It is reported that only after Coast MILLENDER-MCDONALD) is recognized and the President and to increase out- for 5 minutes. come and outreach to veterans. This Guard officers had completed their at- Ms. MILLENDER-MCDONALD. Mr. bill also directs the SBA administrator tack on these defenseless freedom seek- Speaker, I am so pleased and proud to to enter into a memorandum of under- ers did they proceed to take them into join the gentleman from Missouri (Mr. standing with the Service Corps of Re- custody. This is something we expect from oppressive regimes who care lit- TALENT), the ranking member, the gen- tired Executives called SCORE, an or- tlewoman from New York (Ms. ganization that provides advice and tle, if anything, for human life, but this is not what we expect from our VELA´ ZQUEZ) and many other members technical assistance to small busi- of the Committee on Small Business nesses free of charge through a nation- fine United States Coast Guard. Mem- who are dedicated to providing critical wide network of volunteers. bers of the Coast Guard are valiant services to the countless men and Finally, this bill establishes a 5 per- men and women who proudly serve their country and who have saved hun- women who have fought to preserve cent government procurement goal for dreds and indeed thousands of lives off and protect our Nation. veteran-owned business and authorizes As we approach the 4th of July holi- SBA to make loans to self-employed of our south Florida shores. I am sure that they did not welcome this tragic day to celebrate this Nation’s inde- individuals or owners of small busi- order today. We expect the United pendence, we recognize our veterans nesses who are called to active duty to States Coast Guard to enforce the laws, and the tremendous sacrifices and con- assist them with potential losses and but we do not and should not tolerate tributions they have made to this disruption caused by their return to ac- violations of the basic human rights of country. In their honor we are here tive duty. those seeking refuge from persecution. today to pass legislation that ensures I encourage all of my colleagues veterans that once their service is com- when this bill comes to the floor to b 1900 plete they can continue to apply their come together during this historic We expect the United States Coast hard-working ethics, strong leadership time of year and vote for legislation Guard to protect U.S. territory against skills, and determination to succeed in that provides our veterans with the op- all enemies, but we do not and will not small businesses. portunities they need and deserve to tolerate attacks on defenseless victims Currently out of a total business pop- succeed. The Veterans Entrepreneur- such as the survivors of Castro’s brutal ulation of 23.2 million people 5.5 mil- ship and Small Business Development dictatorship. If there is one entity lion are veterans. In addition, there are Act is a comprehensive approach to en- which survivors of Castro’s oppression 104,000 disabled veterans. It is esti- suring that the backbone of our Nation have looked to with respect and admi- mated that veterans constitute almost no longer shuts off but hence forward ration, if there was one entity which a quarter of the business population embraces and reaches out to America’s Cuban refugees trusted and confided in, today. However, many veterans face service men and women. it is the U.S. Coast Guard. tremendous barriers when trying to f Has their trust been misplaced? I create and grow their businesses, par- hope not. It is unconscionable for an ticularly when their military service CUBAN RAFTERS TREATED WORSE entity of the U.S. Government charged has caused them to leave their busi- THAN CATTLE BY U.S. COAST with the responsibility of enforcing our nesses. GUARD laws to violate them and employ exces- Specifically, the obstacles facing our The SPEAKER pro tempore. Under a sive force, including the use of water veterans can range from a lack of previous order of the House, the gentle- cannons and mace, against those who training to difficulty in securing ade- woman from Florida (Ms. ROS- present no threat to the personal secu- quate capital to launch their small LEHTINEN) is recognized for 5 minutes. rity of our men and women in uniform business. The obstacles are even great- Ms. ROS-LEHTINEN. Mr. Speaker, nor to the security of our great coun- er for service disabled veterans who the inscription on the Statue of Lib- try. may have additional handicaps that erty refers to this great country of ours These actions merit an immediate prevent them from securing employ- as the mother of exiles which requests: and comprehensive investigation. I ment or starting their own business. Give me your tired, your poor, your have asked the President, the Vice Mr. Speaker, the Veterans Entre- huddled masses of your teeming shore; President, the Secretary of State, the preneurial and Small Business Devel- send these tempest tossed to me. Coast Guard Commandant and other opment Act creates a number of new But, Mr. Speaker, today I find myself senior officials to take action regard- programs designed specifically to help asking if the torch of freedom no ing these Coast Guard officers who these veterans and service disabled vet- longer shines for those who risk life gave the orders violating the rights of erans to join the ranks of entre- and limb in search of liberty in this those refugees and that appears to have violated U.S. guidelines on how to deal preneurs. I would like to commend the great country. As the vanguard of de- with such situations. mocracy, our country, the United Small Business Administration for cre- I ask my colleagues to join me in this ating the Small Business Administra- States of America, must set the stand- request and express their indignation tion Veterans Affairs Task Force for ards to be emulated. Today, however, over this display of aggression. This is entrepreneurship in July 1998. This the actions reportedly taken by the not what America stands for. task force examined SBA programs to U.S. Coast Guard in south Florida I have sent this letter to Secretary of determine how SBA might deliver serv- against Cuban rafters could cast a sol- State Madeleine Albright this after- ices to America’s veterans more effec- emn shadow over this country and noon and a similar letter, as I have tively. In October of 1998, it made rec- could stain our proud history as de- said, to President Bill Clinton, Vice ommendations to SBA, many of which fenders of the oppressed and protectors President AL GORE, Secretary of Trans- have been included in this bill. The of human rights worldwide. portation Rodney Slater and Coast Veterans Entrepreneurship and Small According to the video footage ob- Guard Commandant Admiral James Business Development Act designates a tained by news sources in Miami, six Lloyd. position onto SBA of veterans business Cuban refugees reached U.S. territorial I say, your personal attention to this development to be the advocate for waters today in the early afternoon matter is greatly appreciated to ensure veterans and to ensure that veterans and were subsequently approached by due diligence in the investigation and needs and concerns are represented and U.S. Coast Guard boats. These Coast resolution of this case. This is a matter being addressed. Guard vessels opened water cannons on of grave concern; and to enlist their co- In addition to this new position, this the rafters causing some of them to fall operation for an immediate investiga- bill creates a public private partner- overboard. As the rafters started to tion of the events which unfolded off

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5051 the coast of South Florida today, June In the Christian faith, that son is the right to be an American and they 29, between Cuban rafters seeking asy- called Jesus; and for those of us who had the right to the privileges of that lum and U.S. Coast Guard officials, and believe, we believe within our heart, it wonderful equality, to be able to pray I would like to place this letter in the is a conversion, it is a commitment and as they so desired. RECORD. passion about our personal and reli- I hope that we will be able to do ac- HOUSE OF REPRESENTATIVES, gious beliefs. tions, as one of my colleagues did say. Washington, DC, June 29, 1999. Even as I stand here, I think many of As I close, Mr. Speaker, I hope we Hon. MADELEINE ALBRIGHT, us can note that above my head are the will pass the hate crimes bill. I hope we Secretary, Department of State, words, In God We Trust, but we might will support Head Start and education. Washington, DC. not be able to see some additional There are many things we can do to DEAR SECRETARY ALBRIGHT: I am writing words that are behind me on this wood- show ourselves compassionate. I hope on a matter of grave concern and to enlist that we will find a way to end school your cooperation for an immediate inves- en border. It says, justice and toler- tigation of the events which unfolded off the ance. violence and gun violence. I hope that coast of Florida, today, June 29th between I would not want the world or the Na- we will come together to work on these Cuban rafters seeking asylum and U.S. Coast tion to believe that the defeat of H. solutions, no matter what religious Guard officials. Con. Res. 94 had anything to do with background we have, for the better- According to the video footage by news the personal beliefs of the Members of ment of this Nation. sources in Miami, six Cuban refugees reached the United States Congress. It had Mr. Speaker, I ask that we continue U.S. territorial waters in the early afternoon to be a Nation that believes. and were subsequently approached by U.S. more to do with our understanding of f Coast Guard boats which opened water can- our constitutional underpinnings, the nons on the rafters, causing some of them to premise of the separation of church and THE SURPLUS, NATIONAL FOR- fall overboard. As the rafters started to swim State. ESTS, THE METRIC SYSTEM, AND to safety, the smaller Coast Guard vessels No, it does not mean that wherever I THE DEFEAT OF THE NATIONAL pursued them and pushed them against the go I cannot utter a personal prayer to DAYS OF PRAYER sand. It is reported that only after the Coast whoever I believe in. It may be Allah, Guard had completed its attack on these de- The SPEAKER pro tempore. Under a it may be Jesus or God or some other fenseless freedom seekers, did they proceed previous order of the House, the gen- name, Jehovah, that I am not familiar to take them into custody. tleman from Tennessee (Mr. DUNCAN) is These actions merit an immediate and with. I do not stop anyone from doing recognized for 5 minutes. comprehensive investigation. If confirmed, I that. Frankly, as a mother, I tell my ask that action be taken regarding these Mr. DUNCAN. Mr. Speaker, I rise to- children whenever they are in time of night to briefly mention three unre- Coast Guard officials who gave the orders stress, offer a word of prayer; my be- which violated the basic human rights of lated topics of national importance. these Cuban refugees and appears to have lief, my teachings that I have taught First, the headlines this morning say violated U.S. guidelines on how to deal with my family. that we will now have a surplus that is such situations. For us to go and solicit on the floor $1 trillion larger than we thought it Your personal attention to this matter is of the House, urging all Americans to was going to be over the next 15 years. greatly appreciated to ensure due diligence unite in seeking the face of God This is the direct result of the Congress in the investigation and resolution of this through humble prayer is not respect- changing hands after the 1994 elections case. ing and not tolerating those who are and becoming much more fiscally con- Sincerely, different from us. This Nation was ILEANA ROS-LEHTINEN, servative. We should all be pleased Member of Congress. founded on the grounds that there are about this. f those who are escaping religious perse- I remember in late 1993 or early 1994 cution. when Alice Rivlin, who was then the LET US CONTINUE TO BE A I would hesitate and would not like President’s director of the Office of NATION THAT BELIEVES IN GOD for the vote today to be cast about by Management and Budget, put out a The SPEAKER pro tempore (Mr. those who want to spin it and say that shocking memo. She predicted then ISAKSON). Under a previous order of the we defeated an opportunity for rec- that we would have deficits, yearly House, the gentlewoman from Texas onciliation, an opportunity for prayer. losses, of over $1 trillion by the year (Ms. JACKSON-LEE) is recognized for 5 I hope this Nation will pray in which- 2010, and between $4 trillion and $5 tril- minutes. ever way it chooses, as it is a diverse lion a year by 2030 if major changes Ms. JACKSON-LEE of Texas. Mr. and religiously diverse community. In were not made. Speaker, this time is given to many of fact, I hope the clergy of this land If we had allowed that to happen, our us to express our concerns and our heard the debate and maybe independ- economy would have been devastated. views on the day’s activities and legis- ent of government will rise up and call Our children, who would have then lative initiatives or particular issues for a day of prayer where all of them been in the primes of their lives by that impact our district. will come to the United States Capitol, 2030, would not have been able to buy I thought I would comment today on their capitol, their place, where they homes or cars or almost anything else, the actions of the House that just oc- can come, it is free for anyone to come, as is the case today in many countries curred on H. Con. Res. 94. It was a vig- and acknowledge whichever god they around the world. So we have made re- orous debate, and I think in the true so desire. markable fiscal progress over the last 4 spirit of our Founding Fathers we can I hope whatever day of worship one or 5 years. be very proud of that. Obviously, those has that they will kneel, however they A word of caution is necessary. We who proposed an amendment, a resolu- pray, and ask for this Nation to be are still almost $6 trillion in debt. This tion, that would cause or ask the peo- healed and unified. still leaves us on very thin ice eco- ple of this Nation to, under God, to H. Con. Res. 94 had no place for the nomically, but making good progress. humble and reconcile themselves with United States Congress to demand and Yet from what everyone up here is say- God and with one another have a true call upon this Nation to pray in any ing, people are starting to promise ev- commitment and passion. certain way or humble themselves in erything to everybody. Further, as the resolution goes on, any certain way. I simply rise tonight to say that I they urge all Americans to unite in So I hope that we can see the vote as hope we will not spend this money be- seeking the face of God through hum- a positive; that we remain on the day fore we get it. The best economists in ble prayer. or the eve of July 4, Independence Day, the world cannot tell us with absolute I believe in the Old and New Testa- when this fledgling Nation became a certainty where the stock market and ments. In fact, a favorite verse of mine unified country, pledging allegiance to the economy will be 1 or 2 years from is John 3:16, for God so loved the world the flag of the United States, under now. Yet, we are already gleefully cele- that He gave his only begotten Son, God, acknowledging that but also a Na- brating and making major spending that whosoever shall believe in Him tion that believed in the Bill of Rights, plans based on money we hope to get 15 shall not perish but shall have ever- that no matter where one came from, years from now. We will get it if we re- lasting life. no matter who their God was, they had main fiscally conservative, but I say

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5052 CONGRESSIONAL RECORD — HOUSE June 29, 1999 again, very simply, let us not spend it prayer bill that we just had in this people in my district like Ms. Holec of before we get it. If we do, we will do body. William Raspberry, the great col- Houston, Texas. Ms. Holec is 85-years- much more harm than good. umnist for The Washington Post, wrote old and relies on Social Security as her Secondly, at a hearing of the Sub- several years ago, he said, is it not just primary source of income. She also has committee on Forests and Forest possible that anti-religious bias a medical condition that requires her Health this afternoon, it was brought masquerading as religious neutrality to buy prescription drugs that cost $260 out once again that we are now grow- has cost this Nation far more than we every month. Ms. Holec already has ing about 23 billion board feet of new have been willing to acknowledge? had to sell her car and some of her fur- trees and timber each year in our na- A very good statement by William niture to pay for her prescription tional forests. Yet we are allowing only Raspberry, a very good question for all drugs. 3 billion board feet, or only one-sev- Americans to ask: Is it not just pos- b 1915 enth of the new growth, to be cut. sible that anti-religious bias What is she supposed to do when she There is about 6 billion board feet of masquerading as religious neutrality runs out of things to sell and can no dead or dying trees and timber in the has cost us far more than we have been longer afford her medicine that costs national forests. In other words, we are willing to acknowledge? her now $3,000 a year? What if she de- allowing trees to be cut at only half f the number that are dead or dying. velops another condition or requires In addition, it was brought out that PRESCRIPTION DRUGS FOR another prescription drug? The solu- there are 500 million acres of forest SENIORS tion to the problem is the Medicare land in the United States which are not The SPEAKER pro tempore. Under a prescription benefit, one that recog- in the national forests. This is an previous order of the House, the gen- nizes today’s health needs of senior citizens. amount of land equal to about 900 tleman from Texas (Mr. GREEN) is rec- Today the President announced his Great Smoky Mountain National ognized for 5 minutes. Medicare modernization proposal. I ex- Parks. People look at a map of this Mr. GREEN of Texas. Mr. Speaker, pect many people will talk about or country on one small page in a book seniors are being forced to choose be- speak out against this proposal, but be- and they simply do not realize how big tween buying food and their prescribed fore they do, think of my constituent medications. this Nation is. Yet there are environ- and maybe another constituent, some- The high cost of prescription drugs is mental extremists who just do not one like Mrs. Holec, who is forced to particularly difficult for seniors, who want us to cut any trees. spend a significant portion of her in- If we are going to have healthy for- use one-third of all prescriptions. Medi- come on prescription medication or ests, we have to cut some trees. If we care does not cover prescription drugs. prescription drugs. are going to have reasonably priced So, many seniors, 37 percent, do not The President’s plan will establish a homes, books, toilet paper, newspapers, have prescription drug coverage and new voluntary Medicare part D pre- magazines, we have to cut some trees. must incur these expenditures out of scription drug benefit that is both af- And as shocking as it may to some who their own pocket. fordable and available to all bene- have heard only one side of propaganda Studies conducted by the Committee ficiaries in fee-for-service. from these environmental extremists, on Government Reform minority staff The Medicare task force that was when we are growing 23 billion board show that older Americans pay much made up of House Members, Senators, feet each year in our national forests higher costs than other groups. These and public members failed for pri- and cutting only 3 billion. We should studies show that in congressional dis- marily two reasons: One, it forced low- cut much more so that our forests can tricts across the Nation, seniors pay income seniors into managed care, and be healthier and so that prices can be for prescription drugs, on average, it did not include a prescription drug lower on almost everything. nearly twice as much as the drug com- benefit. Finally, Mr. Speaker, I was pleased panies’ favored customers, such as the Mr. Speaker, seniors should not have to read on the front page of yesterday’s Federal Government and large HMOs to look to managed care for their Washington Times that many States who have the economies of scale who health needs. They should be able to are now moving away from the metric can purchase it in large quantities. look to Medicare. Whether it is the system. I am pleased that we gave the So seniors are paying double what Prescription Drug Fairness Act that I States some flexibility on this in last the Federal Government may be paying am a cosponsor of, or the proposal out- year’s highway bill. This was some- through the VA or through some other lined by the President today, or maybe thing the Federal Government and a program. another proposal that some Members few powerful liberal elitists tried to This price differential is approxi- would come up with, we have the re- force on us, but the American people mately five times greater than the av- sponsibility to provide for this critical never accepted the metric system. Un- erage price differential for other con- benefit. fortunately, this has cost our govern- sumer goods. So it is actually five Simply relying on managed care to ment at all levels and business many times more than what the economies of meet this need is both unrealistic and billions of dollars. scale and other consumer goods may unfair to beneficiaries. HMO coverage There was never a good reason to go cost for large purchasers. of prescription drugs varies widely be- to the metric system in this country. H.R. 664, the Prescription Drug Fair- tween plans, and often has caps that do We have made this very expensive ef- ness for Seniors Act, allows pharmacies not fit the needs of the beneficiaries. fort only because it would be helpful to to purchase drugs for Medicare bene- Moreover, some beneficiaries do not a few large multinational corporations ficiaries at the best price charged to have an HMO choice because they live and because some people unfortunately the Federal Government through pro- in rural areas, Mr. Speaker. think that anything that is done in grams such as the VA or Medicaid. The I hope my Republican colleagues are most of the rest of the world should legislation has been estimated to re- as committed to solving this problem automatically be done here. duce prescription drug prices for sen- as the President is and my Democratic Yet for most of this Nation’s history, iors by more than 40 percent. colleagues. If so, maybe they can join Americans were not afraid to be a little That is not price controls, Mr. us in support of either one of these pro- bit different, a little bit unique, a little Speaker. H.R. 664 just ends discrimina- posal or develop a new proposal, just so bit special. I hope the Federal Govern- tion and allows seniors to buy just like we can make sure that seniors have ment and all the State governments a large customer would do, seniors on prescription medication without hav- will be responsive to our own citizens Medicare, fee for service. ing to literally put themselves into for once and end this expensive and Mr. Speaker, this is not a bunch of poverty to do so. elitist effort to force an unnecessary Democrats trying to play politics with However, to continue to do nothing it metric system down on us. this issue. What we are trying to do is seems, like we do with so many issues Let me add, Mr. Speaker, one other bring up an issue that affects all Amer- important to hard-working Americans, thing, just because of the vote, the de- icans, because many seniors have no is not the option. So I hope many Mem- feat, we had on this national day of prescription drug benefits. It affects bers will look at not only what the

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5053 President proposed today, but also H.R. but both of those districts have seen a I say to my friend, I believe that is 664, to see if we cannot come up with a significant decline in the number of important. I just want to thank every- solution during this Congress, before dairy farms and dairy farmers. one for being interested in this, sup- the end of the year, to solve the prob- In fact, in my district in southwest porting the dairy farmers. Hopefully lems of seniors who have to pay an in- Missouri, at one time the eighth big- the legislation that my friend from ordinate amount, double in some cases gest dairy-producing district in Amer- Missouri is sponsoring will move for- what prescription medication would be ica, and we do not rate nearly that ward, as well as this dairy compact leg- for other Americans. high now, and we have been losing our islation. I thank the gentleman. f dairies at the rate of about 8 percent a Mr. BLUNT. One of the things I year. might mention while that chart is still DAIRY LEGISLATION Northwest Arkansas has been a great up there, Mr. Speaker, is that farm The SPEAKER pro tempore (Mr. dairy area, and the gentleman from Ar- prices have stayed the same, have ISAKSON). Under the Speaker’s an- kansas (Mr. HUTCHINSON) has been a taken dips along the way, but the re- nounced policy of January 6, 1999, the real advocate for dairy farmers and tail price has increased. One of the gentleman from Missouri (Mr. BLUNT) dairy farming families. things the studies show on this pro- is recognized for 60 minutes as the des- Mr. Speaker, I yield to the gentleman posed Option 1–A is that it does have ignee of the majority leader. from Arkansas (Mr. HUTCHINSON). benefits for farmers, but the benefit for Mr. BLUNT. Mr. Speaker, I want to Mr. HUTCHINSON. I thank the gen- consumers is the benefit of a fresh talk tonight with some of my friends tleman for yielding to me, Mr. Speak- product being available, there contin- who I see are already here on the floor er, and also for his leadership on this ues to be competition in production, about dairy legislation. June is Na- very important issue on behalf of dairy and consumers continue to have not tional Dairy Month. We are coming to farmers. only a good product but they have a really a fateful decision on dairy pol- I likewise am concerned, being from competitive price, because we do not icy. Arkansas. In my two counties in north- see this continued consolidation that The Secretary of Agriculture has pro- western Arkansas we have had a loss of we are seeing and that all projections posed an option for dairy policy that 43 percent of our dairy farmers. Ryan would show that we would see under really does not work for most of the England came to me and asked me to the other options being proposed. country. In fact, I have a chart here, do something to help him. I just have Any time we have met with the Sec- Mr. Speaker, that shows the impact of this chart that shows a little bit of the retary of Agriculture, people from the this policy if it had been in existence difficulty that our dairy farmers have U.S. Department of Agriculture on this over the last 5 years. There would only faced. issue, one of the people that has been have been 1 year where America’s dairy We know that if we look back over in the room has been the gentleman farmers would have been above the line the last 18, 19 years to 1980, if we look from Maine. I yield to the gentleman of break even. The average for those 5 at the price of milk, the all farm price from Maine (Mr. BALDACCI) on this years would have been a loss of $196 we would have of milk versus the retail topic. million. price we have in the store, of course ev- Mr. BALDACCI. I thank the gen- Dairy farming families certainly can- eryone knows that the retail price of tleman from Missouri (Mr. BLUNT) for not continue to stay in business with milk has gone consistently up. Yet, the his leadership on this issue, and for his those kinds of statistics and those farm price of milk has remained steady organizing those meetings with the kinds of odds. We are really in a proc- through that time, with some fluctua- Members and the Secretary to raise the ess here where, after some time, I tion primarily downward. awareness of how important agri- would have thought adequate time for We know that during that time the culture and dairy farmers are, not only study and lots of impact from Members cost of production for our farmers has to his district but to the Nation as a of Congress, we came up with a very not remained steady, it has gone up. whole. disappointing result. The cost of fuel, the cost of feed, every- In Maine the dairy industry is a vital Tomorrow in full committee markup thing that they would need to produce component of the agricultural econ- H.R. 1402 will be marked up by the the milk on the farm, electricity, all omy. Sales of milk generate cash re- Committee on Agriculture that really has gone up, yet they have not received ceipts totalling almost $100 million a follows a policy that a majority of the any benefit of the rising prices. So it year. That was before the bottom fell Members of the House and Senate have has been a very difficult time for the out. Those sales from about 600 farms advocated. The bill, H.R. 1402, has 228 farmers. 20 years ago, it was nearly twice that cosponsors. One of the options that have been number. Last year, as this policy was ap- considered is a dairy compact. This has The loss of family farms in Maine proaching a decision by the adminis- worked very well in the Northeast. I and the loss of farmer income not only tration, by the Secretary of Agri- know some of my colleagues here from affect related industries, such as equip- culture, 238 House Members and 61 Sen- the Northeast have indicated that it ment and feed suppliers, but it ripples ators wrote to Secretary Glickman has worked very well for them, but 21 through the rural economy. asking that Option 1–A, a continuation Governors, 21 Governors have signed I think, as we have heard here ear- of an option with a more consolidated, legislation in their States requesting lier, the debate in terms of an option of more effective, more updated series of Congress to delegate its regulatory au- 1–A versus 1–B is relating to having marketing orders, would become the thority over their States’ milk mar- farmers get at least some meager re- dairy policy for the country. kets. turn for the amount of work and effort So we are here tonight to talk a lit- Right now, of course, as my friends and resources and sacrifice they have tle about this, and National Dairy know, Mr. Speaker, the Federal system put into the work they are doing. Month, as dairy farmers all over the is that we have the prices set out of The work that they are doing extends country are having a harder and harder Washington, a Federal price marketing beyond just the farm itself, but into time making ends meet, having a hard- system. We believe there should be the community. Their children and er and harder time breaking even. more reflection of the prices in the family members are involved in 4–H, in One of the leaders in this debate has States and more control being returned community projects. Because of the been my friend, the gentleman from to the States. So the Governor has said loss of farm families in the agricul- Arkansas (Mr. HUTCHINSON), from my Congress should delegate some of that tural community, I believe that has neighboring district in Arkansas. My regulatory authority back to the been one of the problems in rural district is in Southeast Missouri, and States, the regions, to have a dairy America and in all of America, is that the gentleman from Arkansas (Mr. compact in the Southeast, a Southern it has not reinforced that family unit, HUTCHINSON) represents northwestern Dairy Compact, as they have had in the that community sense and that respon- Arkansas. Northeast, which worked very well for sibility that we have to each other that Both of those districts have been consumers as well as for the dairy I believe emanates a lot from agri- great dairy districts over the years, farmers and the processors. culture.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5054 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Maine recognizes that there is a com- other Members, it is going to just put Congress has been very consistent in pact between the farmers and the con- us back where we are now, which is its position with respect to dairy pol- sumers. That is why we support the still struggling. We are not going to icy, as the gentleman pointed out. dairy compact. There is a realization reap any kind of gain from being able Farm groups, dairy producers, have that the flat prices that the dairy to have 1–A put back in, but just be coalesced behind Option 1–A and built a farmers have been getting as the prices able not to lose as much. pretty convincing coalition. I want to have been escalating, it reminds me of I think there is not going to be an in- talk about a couple things as we start the story that was pointed out to me crease in the consumer prices from the out this evening, if I could, to give you that the prices go up by pony express, support of this 1–A. a little perspective on New York State but they end upcoming down by bottle. Mr. BLUNT. I think all of the studies generally and talk a little bit about I think that is what we have recog- indicate that in fact maintaining com- the perishable nature of milk. nized from our dairy farmers, is that petition is what maintains not only a You touched on some of those issues, they have received a very, very meager good product but a low price. There is but in New York the Option 1–B as pro- return for their investments. no study that indicates that the price posed by Secretary Glickman will The bill put forward by the gen- that consumers pay is affected in any probably cost us something in the tleman from Arkansas (Mr. HUTCH- significant way by what we are propos- range of $200 million to $300 million. INSON) on the Dairy Compact is a bill ing. We cannot absorb that kind of cost. which will keep that process going, What we are proposing is to continue Our dairy industry ranks third in the where our dairy farmers in the North- to have a product that it takes a while Nation. Milk production is vital, and east and the Southeast and West and to get to the market. You do not just by far is one of the greatest contribu- all parts will be able to enjoy some sort decide in the spring to be a dairy farm- tors to the State’s agricultural econ- of floor, and they will realize a return er and harvest a milk crop in the fall. omy, as well as prominent contributor on their investment. It is a different commitment than that, to the rural character of upstate New I want to thank the gentleman for it is a different time commitment than York which I happen to represent a the opportunity to address this issue, that. portion thereof. and to work with my colleagues from We think this bill really creates the Dairy farms generate over $1.5 billion Pennsylvania and North Carolina and relative assurance in a very difficult in milk receipts annually, and the throughout the country here to make economic environment on a dairy farm, dairy industry supplies my State some- thing in the range of 80,000 jobs, espe- sure that our farmers get a fair deal. the relative assurance that producing cially in areas of the State where we Mr. BLUNT. I thank the gentleman, that product is still going to be profit- have a great deal of economic strife ex- Mr. Speaker, for his comments. Cer- able for your family. tainly in virtually every district, and I isting. b 1930 know every district of Members on the Despite the prominent role of this in- dustry, our dairy farmers have been in floor, and there are 228 cosponsors of One of the leaders, Mr. Speaker, in a precarious position for some time and this legislation as of today, in virtually this whole area of milk in the Congress the volatile markets have jacked up re- all of their districts, in virtually all of for years and dairy policy was the gen- tail prices while eroding the farm share their States, dairy farmers and dairy tleman from New York, the outstand- for the consumer. Record highs have farming families have declined and de- ing chairman of the Committee on been followed by record lows, and dairy clined dramatically. This option, Op- Rules, Mr. Solomon. When he left the farmers no longer plan a steady in- tion 1–A, really does create the dif- Congress at the end of last year, he was come. ference. replaced by somebody who has very much taken that heritage of being con- It is tough for a farmer to plan a Somebody in a hearing the other day steady income, as you pointed out, and cerned about dairy farming families to said, well, it is only pennies a gallon. it is important to understand that the heart and certainly has become a real Anybody who knows anything about product dairy farmers provide sets leader in this issue. I would like to dairy knows that pennies a gallon is them apart substantially from other yield to the gentleman from New York the difference between whether you agriculture producers. As providers of a (Mr. SWEENEY). continue to milk those cows or you very, very perishable product, dairy Mr. SWEENEY. I thank the gen- stop. Most dairy farmers, as much as farmers lose the ability to ride out or tleman for yielding to me. I was stand- they love the dairy farm, do not do it boycott unattractive markets. Dairy ing here listening to the exchange be- solely for their health, they do it be- producers cannot simply turn off the tween you and the gentleman from cause of the necessity to feed their faucet of the cow when the price goes Maine (Mr. BALDACCI) and the gen- families, to make a profit, and those south and cannot withhold raw milk tleman from Arkansas (Mr. HUTCH- pennies make a difference. from the market in order to bargain for In fact, this option alone in Missouri, INSON), and I look around the room and a higher price. They are at the beck in the Seventh District, if we went to see a number of our colleagues and whim of that marketplace. Option 1–A rather than Option 1–B that throughout the Nation, and it strikes This places them at the mercy of the the administration, that the Depart- me that this issue of equity in the volatile dairy market, which just this ment has proposed, there would be al- dairy industry and the debate over the last spring we saw a 40 percent drop in most $2 million of additional income legislation attendant to Option 1–A the price farmers receive for fluid milk every year to southwest Missouri dairy really does not know any geographic and an unprecedented plunge. Imagine farmers. bounds. We have a number of people what a terrifying experience it would I can guarantee the Members that who are supportive of our endeavor. be if you saw your income drop by 40 that is the difference in whether you As the gentleman pointed out earlier, percent and then recognize that while divide that up into profit among the nearly 300 Members of the House and you still have to pay your bills and ex- hundreds of farm families we still have, Senate wrote to Secretary Glickman penses, the prices were going to drop at or you simply create a situation where concerned that he was headed down the that rate. there is no profit and we go out of busi- wrong path when reforming the Fed- No matter how much you receive for ness. eral milk marketing audit program. your milk, fields still have to be Mr. BALDACCI. If the gentleman will Unfortunately, despite that, the Sec- plowed, Mr. Speaker, cows still have to yield, Mr. Speaker, the gentleman’s retary chose to ignore the consensus by be fed, mortgages still have to be paid. point is exactly right. Also what is rejecting Option 1–A, instead selecting It is no wonder that the independent happening in Maine, what we do under Option 1–B, as well as is the case from dairy farmers are losing their farms at the option that has been put forward our friend from Maine, also affects New an alarming rate in New York State by the administration is lose signifi- York in an adverse way. This is not a and elsewhere, as well as in many other cantly over what little we are getting question of trying to enrich the New regions of the nation. now, and all the option that the gen- York dairy industry, but a question of Aside from the perishable nature of tleman is sponsoring and I am cospon- trying to hold the line and stop the the raw milk, there are other more om- soring, working together with many bleeding, which has been profuse. inous forces that work against our

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5055 dairy farmers. Rapid consolidation in I am proud to be an original cosponsor processors nor the fresh raw milk to go the dairy industry is putting market of 1402 as it is scheduled before the to the grocery stores. power in the hands of very few. My col- committee tomorrow. So the people who would benefit leagues from urban areas in New York The gentleman talked about 1–A, how under this are not only the farmers we State have argued for some time that important it is. It is critical, it is sig- are going to keep in business, but it they are concerned that Option 1–A and nificant, and, as the gentleman indi- benefits the consumer, because they the Dairy Compact and inclusion there- cated, over 200 Members of this body are going to have a fresh supply of of will create a false pricing structure would not have signed it otherwise. milk at the store every day, and milk that will somehow cost their constitu- It simply provides an incentive for is an important product in this country ents. That is not true, and they need to farmers in small regions of the country for the very young and for the very old. be very concerned that as the rural up- to continue to produce fresh milk. Those of us in between like to enjoy state family dairy farmer is in greater That is really what it is all about. The some too. But it is important. peril, so are their consumer constitu- gentleman has talked about the dol- I think sometimes we forget that ents in greater peril, because they will lars, and the same would be true for when we are talking about the other be left with fewer options and have to my region. issues. It is an important consumer go greater distances to purchase the In the last 10 years, we have lost half issue and it is important to the Amer- dairy products, the milk products, that of our farmers, our dairy farmers. Let ican people. they choose to. me say this evening, we are talking As I said, since 1980, the retail price I would only direct you to the prob- about dairy farmers, but this is symp- of milk has risen 35 percent. The farm- lems and those who would question Op- tomatic of the problems throughout ers would feel pretty good if they had tion 1–A and inclusion in the Dairy agriculture today in a lot of areas, be- gotten 35 percent increase in their cost Compact, that the problems that we cause every commodity is down, but of milk at the farm, but they have not now have with market concentration this is one we can do something about gotten it. It has been driven down. and poultry, beef, and pork industries, tomorrow or start the process with. That is what this is about, at least and contend that dairy is headed down As the gentleman indicated, it is un- about stabilizing, so when they go to the same road if we do nothing to pre- like many of the other agricultural the bank to borrow money, and do not vent it. issues we deal with, because many of ever forget, that dairy farmer borrows So I want to applaud the gentleman those go from spring to fall, and with money just like any other farmer in for your efforts in this regard. I want this one it takes awhile to build that this country, but at least they know to applaud all of my other colleagues herd and sustain that herd and the in- there will not be spikes in the price for their efforts as well. I think this is vestment that goes into it. they are getting, so that they can do probably one of the most significant My dairy farmers and yours already some planning. economic issues for my region cer- are reeling from the volatility of the The importance of this legislation tainly and my district and for much of fluid market over the last several cannot be overstated. The thing that I rural America. months. We have seen tremendous fear if we do not pass it, and this is Mr. BLUNT. I thank the gentleman drops. I hope that over the next few why I think it is so important and I from New York. One of the things to weeks we also get a chance to deal with thank you for your leadership and hav- point out here too is that as these another piece of legislation dealing ing the opportunity to work together, dairy farms are lost in areas, that jobs with dairy, and that is 1604, which is if we, if we continue to lose our dairy that relate to that are lost. The State the ratification of the Southern Com- farmers, we will have more and more of Missouri, in the last few years, we pact and reauthorization of the North- concentration in a very few hands, and have lost two fluid milk plants, we east Compact. Our friend from Maine ultimately then the American con- have lost 11 plants that process dairy just touched on that a few moments sumer will wake up one morning, and products, because we simply do not ago, how that levels out the price that all of a sudden the price of milk will be have the production that we used to dairy farmers get and how important up and there will be no way to get it have to justify those jobs, those off- that is, because they need to have that down because there will be so few pro- farm jobs, that did not relate nec- to plan as they invest in herds, as they ducers, they will control the market. essarily to producing milk on the farm, invest in equipment and they pay their They are not able to do that at the cur- but certainly are not there any longer bills. rent time. I think we have a chance when that milk is no longer produced Let me say to the gentleman and the now to take care of that. on the farm. So it does matter. folks listening in this evening, it is a Milk is just too important to let that As the gentleman from New York shame, while the executives of some of happen. This piece of legislation is not said, Mr. Speaker, we have had already the large conglomerates, and we talked only important to the farmers, it is im- this evening people like me from Mis- about it earlier and the gentleman portant to all of us. But right now our souri and my colleague the gentleman from Arkansas (Mr. HUTCHINSON) did, farmers, certainly in my part of the from an adjoining district in Arkansas about the difference in what farmers country, are bleeding. We can do more (Mr. HUTCHINSON), from Maine and are getting now and what they have than put a tourniquet on, we can do from New York. got even over the last 10 or 12 years, more than put a band-aid on, we now One of the people that is always in and the difference in that price and the have the opportunity to take care of that room when dairy policy is dis- cost of milk. The cost of milk has gone that bleeding for the long term, if we cussed too is our colleague from North up about 35 percent since 1980, and we will deal about it. I look forward to the Carolina (Mr. ETHERIDGE), to go to an- saw from the chart what farmers get work we are going to do tomorrow. other area of the country. I would like has been pretty flat. Let me finally say that some folks to go to him right now. I certainly ap- It is pretty obvious, the farmers are say it is easy for them to get up and preciate all that the gentleman does, not getting it. They are producing say let the free market work, it is all not only being one of the original co- more, but the costs of their input of about the free market working. sponsors of this bill, but also the lead- what they are paying for feed, for labor I am all for the free market, if it is ership that you play as a member of and everything else is going up, and free. The problem is, the foreign gov- the Committee on Agriculture where they are getting squeezed by the cost ernments are subsidizing their farmers this bill will be marked up tomorrow. I of raw milk they are getting. in a variety of ways. We cannot get would like to yield to the gentleman. What 1–A does, it says that we are products in Europe because of tariffs, Mr. ETHERIDGE. I thank the gen- not going to adopt the 1–B that they and it is true in every other part of the tleman for yielding. I also want to talked about, which is going to sub- country, and our farmers are paying thank the gentleman for holding this sidize just a few producers in one small the price. We have the most open mar- special order on dairy legislation this area of the country and flood that milk ket in the world, in the United States, evening as it comes up before Congress to the other parts of the country and right now, and if our farmers benefited tomorrow. We will be marking it up. I drive our people out of business, so we from that on the free market, then we thank the gentleman for his leadership. do not have fresh raw milk for our would not need to be able to make sure

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5056 CONGRESSIONAL RECORD — HOUSE June 29, 1999 they stay in business. But this is about them, he can debate anybody anywhere those are realities that have not our farmers getting a fair shake, get- in the country and particularly any- changed. ting a fair chance at the marketplace. body from the U.S. Department of Ag- And I think most importantly is the I thank the gentleman for it, and I riculture on the fine points of dairy recognition behind the original orders look forward to working with you so policy. And here we are talking about a that milk is, indeed, as the gentleman we can say to our consumers they are policy that is the difference in staying from North Carolina (Mr. ETHERIDGE) going to get a fair price in the market in business and not staying in business just said, a wholesome product, that price, they can go in the grocery store for many of the dairy farmers both he the vast majority of Americans wish to and know they are getting fresh milk, and I represent. And with real appre- provide it for their families, wish to and our farmers are going to be in busi- ciation for his understanding of this provide it for their children, and that ness for the long haul and we can en- issue, I am pleased to yield to the gen- was a very important policy position courage the next generation of dairy- tleman from New York (Mr. MCHUGH). behind the formulation of those mar- men to get into it, because if we do not Mr. McHUGH. Well, Mr. Speaker, I kets back in the 1930s. give them the tools to work with thank the gentleman for his very gra- Things are different. I have heard our today, we will continue to see the auc- cious comments, and let me return the friends on the other side of this issue tion of cows, auctions of farmland, and compliment. The gentleman from Mis- say that refrigeration now can change we are going to be turning our dairy souri (Mr. BLUNT) has been a leader on the way in which milk markets oper- farms into shopping malls and housing this issue. And, frankly, without the ate; that you can ship fluid milk to fur- projects. Not only do we lose the bene- gentleman’s hard work and without his ther distances; that, clearly, the popu- fit of the production, we also lose a dedication and devotion, we would not lation centers of America are different green way and environmental part of have this opportunity to come forward today than they were in the 1930s and this country and a way of life we will tonight and to talk about what is I that the reason behind original mar- not be able to replace. I thank the gen- know shared in America and is under- kets, the increased production, to en- tleman for his leadership. stood to be a very, very important sure there was an adequate supply, are no longer reflective of those changes in b 1945 issue. We have heard about the Compact to- population. But those have limits as Mr. BLUNT. Mr. Speaker, I thank night, but, as the gentleman noted, we well. And, quite honestly, that the gentleman. And on his comments have a very important markup tomor- thought, that recognition was behind about competition, I think one of the row in the Committee on Agriculture the 1996 farm bill. things that the gentleman sees, and I dealing with a very complex issue with I become confused when I listen to saw when we served on the Committee respect to milk market orders. I, like some folks who, for all of their good in- on Agriculture together, was the con- many of us, have listened over the past tentions, were not part of the forma- stant concern about concentration in several weeks, heard the discussion tion of that 1996 bill, who were not beef and pork and poultry and the from those Members who do not share there in the negotiations, suggest that many problems that relate to con- our perspective, I have read their state- it was somehow the intention of the centration. This legislation is focused ments, and I think, unfortunately, Congress to do away with market or- on continuing competition. It is fo- there is a great deal of misunderstand- ders; that market orders were, by defi- cused on continuing to have people pro- ing, there is a great deal of misin- nition, a relic of the past and that Con- ducing that product. formation as to the particulars of milk gress expressed an intent in that bill to The gentleman mentioned the very marketing and milk market reform. do away with market orders. young and the very old. As a former I think, however, we can all agree on Well, nothing could be further from chief state school officer, I think the one thing, and that is that the current the truth. The Congress spoke very gentleman would appreciate the other system of milk marketing in America clearly. They understood that at that day when I was at Stadly Elementary is extraordinarily complex. Some time the 31 designated regions of milk School at Carthage talking to 4th grad- would say it is arcane. And it is true, markets were no longer relative to the ers, and one question was, ‘‘Do you the proliferation, the really frag- 1990s, that they needed to be recon- know President Clinton?’’ And I said, mented evolution that has surrounded structed, but they very specifically yes, I had been in a meeting with Presi- the growth of marketing orders in dealt with the issue of the elimination dent Clinton the week before when we America today has really provided us of market orders, of the elimination of were in the middle of Kosovo. And the with what I think we can all agree what is called Class 1 differentials, that next serious question from the next 4th upon is a very ineffective system. But price-plus that is paid to farmers for grader at Stadly Elementary School for all of that complexity and for all of fluid milk, and gave very clear instruc- was, ‘‘Did you know Abraham Lin- the need for change, I think that the tions in that bill to the Secretary of coln?’’ need for the market order system Agriculture that, indeed, milk market So the very old is sort of a relative today, in 1999, is as evident and is as orders should continue; that the proc- term. I had to allow that I was a pretty important as it was back in the 1930s. ess and the practice of Price 1 differen- old guy, but I had not been around Clearly, some of the things from 60- tials should not be unduly disrupted in quite long enough to know Abraham plus years ago, when the original mar- whatever market order reform came Lincoln, and so I could not admit to ket orders were first constructed, exist about. that, but I said I admired Abraham today as they did then. Milk produc- That is why I think the Secretary’s Lincoln. tion, as the gentleman from Missouri ruling is so perplexing. The record Mr. Speaker, when I am going to a (Mr. BLUNT) has noted today, and oth- clearly shows that the overwhelming dairy meeting, as I think about the ers have as well, is a long-term under- majority of individuals and organiza- complexities of the problem, the for- taking. It is seasonal as well. One can- tions that expressed their interest dur- mula involved, the different categories not, as the gentleman noted, just take ing the formal hearing or informal of this product, and my staff would be a dairy cow and start milking it tomor- hearing process was in support of the one of the first to say this as well, one row for market. There is an intensive so-called I-A Option. It has been men- of the early questions I ask before I capital input and an extraordinary tioned on this floor this evening. Con- know just how well prepared I have to amount of time necessary to raise a gress spoke loudly both at the time be is, is the gentleman from New York calf into the age and position where it when the bill was on the floor and in (Mr. MCHUGH) going to be at the meet- can be a productive animal. follow-up meetings with the Secretary. ing? And if the answer is yes, I heave a The seasonality is a factor of life It was expressed very clearly in let- little sigh of relief because I know I do today as it was 60 years ago. Cows ters to the Secretary. 238 Members of not have to be quite as well prepared as produce more milk in the spring, less the House, 61 Senators, who normally if the gentleman from New York were milk at other times, and that is a very could not agree on what day of the not going to be at the meeting. important factor. Farmers cannot shut week it is, said that they wanted the The gentleman from New York un- down a factory line, cannot lay off Secretary to support 1–A as the most derstands these issues, he cares about cows during times of less demand, and viable and the most effective option.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5057 Even the Secretary’s own dairy price million to farmers in the upper Mid- ment store. They are no longer pur- structure committee, the in-house west. chasing products from the hardware United States Department of Agri- So 1–A, 1–B is not a fight of who will store on down to the local book store. culture Advisory Committee, the ex- do well but rather a fight of who is So it is an important thing for con- perts, including many prominent going to be hurt less, and I think that sumers. It is an important thing cer- economists, supported 1–A. is a very, very disturbing aspect. tainly for the preservation of, in the The reality is if we were not under an And there is another important point State of New York, the largest segment informal rulemaking process, that if that for all of the debate I have heard of our largest industry, agriculture. this bureaucratic decision had to be in support of 1–A and 1–B, particularly And it is important, too, that we pre- done under a formal rulemaking proc- those who are favoring 1–B, that some- serve this way of life. ess, it could have never and would how other farmers are receiving more I would like to believe that over time never withstand legal scrutiny, because for their milk. Well, as my boyhood we can begin to work together with all the record simply does not support the hero Paul Harvey used to say, ‘‘Here is of our friends here in this Congress who implementation of a 1–B Option. And I the rest of the story.’’ The reality is care very deeply about their dairy think that is a very important point of that when we factor in all of the price farmers as well and evolve a policy this. components, what a farmer is paid for that helps all of these folks stay in But I have to say, if I could continue his or her milk, dairy farmers in the business, to the betterment of each and for just a moment longer, the saddest upper Midwest have traditionally, his- every American. aspect in all of this to me, as someone torically, and continue today to re- Again, I thank the gentleman for his who has tried to work on these issues ceive more than the farmers do in, say leadership on this issue and for the in a positive way for more than 20 the Northeast. chance to be here this evening. years now, is how we seem to pit dairy In the Chicago regional market, for Mr. BLUNT. Mr. Speaker, I thank farmers against dairy farmers, that example, when we factor in the cost the gentleman for being here and for somehow good dairy policy has to help under the market order support, when his comments. one at the expense of the other. And I we factor in the various premiums that Certainly, as he pointed out, in the think it is very important that we go they receive, those farmers obtain 55 to milk marketing order, there are some on record tonight to say that all of us 66 cents per hundredweight more than significant revisions of this map. The recognize there are no dairy farmers in farmers in the Northeast. So while my two directives from the Department of good shape today. Whether they are heart goes out to those farmers and Agriculture, and there were only two milking cows in the Northeast or the while I definitely and strongly support directives in this regard, were to create South or the Midwest, the upper Mid- things that we can and should be doing a new consolidated set of orders that west, out on the West Coast or any- to help them as well, this action, 1–A reduced from the 31 that are in place where in America, they are not receiv- versus 1–B, will not be the salvation, today to no more than 14 or less than ing a fair return on their labor and on will not reach out and help dairy farm- 10. They came back with 10 orders, ba- their products. ers in the upper Midwest, will not, as I sically, that does reflect some of the We have heard the figures here to- have heard time and time again, level transportation, refrigeration, the other night, and they are really startling. If the playing field. elements. people would just stop and think about We cannot have a responsible dairy But this is, as the gentleman knows, what it would mean in their own lives, policy that indeed encourages the pro- a highly perishable product. There is a as my good friend and neighbor, the duction of fluid milk, affordable, particular, I think my colleagues gentleman from New York (Mr. wholesome fluid milk in every part of would probably call it junk food, but I SWEENEY) stated, if overnight an indi- the country, a policy objective that I like it, that I will not mention the vidual’s income was reduced by 40 per- think is so very sound, so very impor- name that I like to buy. The shelf life cent. Farmers are receiving in real tant, by taking away annual farm in- is forever. It does not matter how long terms the same dollar for their product come, depending on whose figures you it takes to get to the store where I buy today as they did in 1978. Cost of living, read, anywhere from $360 to $560 mil- it. It does not matter how long I keep input, production costs, as we have lion a year. And that is why this is so a box of this particular item at my heard, since 1982, have increased 60 per- very, very important. house. It is going to be just as good, I cent; and that is a reality whether a In our part of the world, the gen- guess, 10 years from now as it is today. farmer is in New York or Wisconsin. tleman from New York (Mr. SWEENEY) My wife would argue about the quality And it saddens me deeply to have to and myself, and I know it is reflected of my product choice there. find ourselves time and time again op- in the districts of the gentleman from But we do not have a forever life with posing representatives who are good of Missouri (Mr. BLUNT) and the gen- this product. And keeping that supply heart, who are trying to represent tleman from Maine (Mr. BALDACCI), and reasonably close, and we are saying their dairy farmers as well, as though all the other Members, the gentleman now that it is with three times as easy somehow we have to hurt some to even from North Carolina (Mr. ETHERIDGE), to get that product to the store on the marginally help another. New York’s the gentleman from Arkansas (Mr. store shelf as it was when the milk or- dairy history is a sad one in recent HUTCHINSON), and I know the gen- ders were first designed, so we are years. Built on a proud tradition, we tleman from Pennsylvania (Mr. KLINK) going to 11 helpful milk orders. That have lost more than 8,000 dairy farmers is going to speak shortly, in all of our was one requirement. The other re- over the past 10 years or so. Milk cows regions dairy farmers are important for quirement was that if the State of Cali- in New York have decreased by some 23 what they do, for what they produce. fornia wants to be exempted and have percent. But it is more than that. We have to its own order, they would be allowed to So there are no winners in this. And help people understand that when a do that. what really confuses me in the fight dairy farm goes out of business, it is As the gentleman from New York that we will see tomorrow on 1–A and not just a few buildings becoming va- (Mr. MCHUGH) knows, Mr. Speaker, 1–B is that somehow the folks who cant, it is not just that no longer is those were the only two requirements think that by adopting 1–B their dairy that field populated with dairy cows. It that USDA had. There was no require- farmers will prosper are simply wrong. is a loss of business of devastating pro- ment to eliminate the policy. There Every region of the country, including portions to our local communities, a was no requirement that fresh milk the upper Midwest, who seem to be loss of an incredibly important, I would would no longer matter after 1999 or most supportive of this, will, at the end argue irreplaceable, fabric in the social 2002 or any other date. Those are the of the day, when the market order re- and economic fabric of a community. requirements. This order reflects that. forms are taken into consideration and And of course this is a product that, when the pricing structures for Class 3 b 2000 in its fluid form, that we really do not milk are taken into consideration will We lose our neighbors. They no have extra days. When we look at that lose money. The class pricing changes longer shop at the local supermarket. date on the carton when we buy it at for Class 3 will mean a loss of some $30 They do not go to the feed store, imple- the store, it is not months or years in

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5058 CONGRESSIONAL RECORD — HOUSE June 29, 1999 advance, it is just a few days in ad- Pennsylvania (Mr. KLINK), and I would from New York (Mr. MCHUGH) touched vance. And a week or a day or two days like to yield some time to him to talk on it earlier about they just do not buy off the life of that product makes a big about this very important issue to a cow and start milking it right away. difference in the quality of the product Pennsylvania and really to all of the There is a whole lot of investment that and whether somebody wants to rush States of the country. goes into it. back to buy another gallon or half gal- I think what the gentleman from How many farms in all of our areas lon or pint of that product. New York (Mr. MCHUGH) said about the were bought where somebody came in Mr. MCHUGH. Mr. Speaker, I could struggle that dairy farmers are having first generation and put up the barns, not agree more with the gentleman. everywhere is something that we all bought the land, built the sheds. Fortu- Who amongst us has not walked up to want to keep in mind as we deal with nately these are second, third, fourth, the dairy case in our local supermarket this legislation. fifth, sixth, seventh generation farms. and reached to the back to try to find Mr. KLINK. Mr. Speaker, I thank the If they were not, if these farms had not the expiration date that is furthest gentleman for yielding to me. been handed down, if these farmers away? And it is true, refrigeration has I want to tell the gentleman first of today had to make the capital expendi- made a difference in how we can ship all that I thank him for his leadership ture to buy that land to build the dairy product. But it is not a total an- on this matter. He has brought a great barns, to buy all the cattle, they would swer. There is a very substantial cost amount of fortitude and insightfulness not be making anything. And they are to be paid in terms of lessening the and inventiveness in helping to find barely making anything, and in some shelf life when that product reaches out ways that we can bring attention instances they are not making any- our market shelves, a very substantial to the plight of the farmers. I appre- thing. degradation in the quality of the prod- ciate his doing this special order and The gentleman from Missouri (Mr. uct of milk. having us here. And I also very much BLUNT) is right, there are farms that If my colleagues are interested in in- appreciate his driving through Penn- are disappearing in Pennsylvania, in creasing consumption amongst Ameri- sylvania and hope that when he does all of our States. And with that is that cans of this very wholesome product, it that he will spend a little bit of money fresh supply of milk. seems to me that that kind of loss of and keep Pennsylvania green. We ap- Now, the farmers get started. Maybe quality, that kind of loss in consumer preciate that, as well. they are fourth, fifth, sixth generation convenience in terms of the com- Let me say that I think all of my col- farmer. Then here comes the dairy and pressed expiration date is absolutely leagues on both sides of the aisle just they are buying the milk from them critical. have done a tremendous job of talking and they tell us what is Class 1, they And there is one final reality that about what is at risk here. What this is tell us what is Class 2, Class 3, and we those who argue that market orders really about in Option 1(a) is giving the get a different price based on not what are no longer necessary because we can farmers of America a fair shake. 1(a) is quality of milk they have, Madam ship from California to New York or based on location-specific cost. It rec- Speaker, but it is on what they are from New York to Florida or wherever ognizes, as the gentleman from New using that milk for. They are paid as a conveniently choose to ignore, and York (Mr. MCHUGH) said, I think said farmer for what they are using that that reality is simply that transpor- so well, the value of having a fresh sup- milk for. tation is a significant cost factor in the ply of milk produced locally. Now, if they sell a bail of hay, it is retail price of milk; and the further He is right, there is refrigeration. the going price of a bail of hay. If they they have to ship over time, it will But there is this whole idea of the fam- sell a bushel of wheat, it is the price of have an irreversible and a very signifi- ily farmer, once they are gone, once we a bushel of wheat. But they pay the cant factor on the price of milk to the have only the big industrial farms, who farmers for the milk depending on consumers. And it seems to me that is going to control the price of milk at what they are going to use that milk one of our primary objectives has to be that point? for. in all of this dairy policy, because we The interesting thing I think for I have had farmers tell me and they are not just formulating policy to help those of us who have grown up in farm kind of laugh and they look out of the farmers, we have to take the broader life, I think what we understand here side of their eye with a twinkle and public interest into mind, is that we tonight is that we are fighting specifi- they say, ‘‘Now, you show me which stabilize prices, not increase them arti- cally for a way of life. I know that the one of my cows produced Class 3 milk ficially, and particularly not do it in a gentleman from Missouri (Mr. BLUNT) and I will make hamburger out of them way which is proposed through 1(b) referred to this earlier. If we go back to because I cannot afford to feed them that would be so devastating to the the founding of this Nation, it was an anymore.’’ There are so many things producers. agrarian society, and it is only when going against these farmers, they have So, again, I thank the gentleman for the farmers were able to produce more to milk twice a day, every day, seven his leadership. that it freed up some of our families to days a week. All we are saying is give Mr. BLUNT. Mr. Speaker, one of the go and do other things, take industrial them a fair shake. ways that I like to drive to Washington jobs. H.R. 1402 is well thought out. This is is through Pennsylvania. Before I was So what we are really fighting for a good bill. It is going to be marked up in Congress, when my family and I today is for that farmer to be able to tomorrow. It is an important piece of would come to Pennsylvania, when my continue to produce the food, and in legislation. As my colleague said, I children and I would come to Washing- this case it is milk products, and to be think we have 228 cosponsors. That is a ton when my children were growing up able to get a fair price for that product. majority of this House. It is the right would be through Pennsylvania. One of And if we cannot talk about location- thing to do. It is a thoughtful thing. the things, as a person who was born on specific costs, if we cannot have a pro- And to both of the gentlemen from a dairy farm, that we enjoyed the most gram like 1(a) that specifically realizes New York, we are right behind them. was that roadside view of those great we have to have a fresh supply of milk They are the third largest State. We dairies. forever in each region, where are we are the fourth. We are trying to gain I notice that there are fewer of those going as a Nation? Where in the world on them, but with farms shutting dairies. And dairies that we used to are we going? down, we are not quite getting there. look at and admire the cows as we were Some of my farmers, we toured Some of my colleagues have men- driving by and the painted buildings around, we talked about this, we tioned earlier about the number of and the white fence and all the things talked about the Northeast Compact, jobs. We have 17,000 jobs in Pennsyl- that went along with those great dairy we talked about milk prices falling. I vania tied directly to the dairy indus- farms, many of those that I see now do do not think that people out there who try. And then the spin-off, another not have that. I know one of the people are not familiar with the dairy indus- 12,500 jobs indirectly tied to the dairy that has been concerned about that in try and they are not familiar with industry. The people who are suppliers, the Congress as we have dealt with farming do not realize how difficult it those people where they do their shop- those issues is the gentleman from is for farmers. I know the gentleman ping and the things that they do. And

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5059 it is estimated if we have a 2-percent farmers in Pennsylvania. But I just very free enterprise person. Farmers decline in our dairy industry in Penn- want to point out one thing again in are very individualistic. They are not sylvania, it would be a loss of 600 jobs. case it was missed, Madam Speaker, asking for anything from the govern- Six hundred families would have to go and that is this: We have got people ment except a chance to compete. Op- find something else to do, another way here from the Midwest, from the tion 1–A gives them a fair mechanism to pay the bills, another way to pay the South, from the Northeast. We are not in which to produce their milk, and mortgage, may have to leave the fam- against each other’s farmers. We are you will then continue to have farm- ily farm. all here today speaking out for all of fresh milk throughout the country. This is important. It is important in these dairy farmers, speaking out for Dairy farms are the engine of the econ- dollars. It is important in jobs. It is fairness against each and every one of omy in small communities across the important to have that rural family them. I am not against the farmers in country. farm way of life. Missouri or New York. We want a fair I support this bill because it is the We were talking over the past couple shake for all of them. And someone soundest, fairest policy for those hard- of weeks a lot on this floor of the said it earlier, we do not have to pit working families which help create House about morality, about solving American farmers against each other. dairy products and jobs in my home re- social problems. There is nothing Mr. BLUNT. Mr. Speaker, I thank gion. My friend Carl Aten retired from greater to bring people together than the gentleman for his leadership in this hauling milk a few years ago. He told to give them a little taste of what hap- effort. And he has already recognized me when he started he had 140 farmers. pens in farm country. Dairy farms are one of his colleagues here on the floor When he quit, he had 40 farmers. This about a way of life. They get up early, who, from the first day he joined us is an industry that, if we do not treat work long, work hard, enjoy each oth- this year, came up to me and said, it fairly, will go out of business. We do er’s company. ‘‘Dairy is important in my district. I not need to be in the business of forc- Do we want to see the family farm want to be involved in getting this leg- ing family farms to go out. We do not wiped out because we have not given islation passed.’’ need to penalize regions of our country them a fair shake and have only large b 2015 which have long, proud histories of industrial farms out there? They will If the proposed option would go into dairy farmers. We do not need to force set the price of milk. If the consumers effect, the average herd of 100 cows, consumers to receive only products think they got a bad deal now, they got that family would lose $6,000 to $15,000 that have been shipped from faraway nothing. The farmers out here are a year depending on other price fac- regions. We need, along with the 200 watching the price of milk. On March 5 tors. Most of us would not want to take other Members of the House, to support of this year in Pennsylvania, the price a $6,000 to $15,000 a year family pay cut. Option 1–A. of our milk dropped 37 percent to the That is the difference in these options. Mr. BLUNT. Madam Speaker, I yield farm. They went back to what they That is why we are supporting 1–A. to the gentleman from New York (Mr. were making in 1962. That is why it is going to be marked up SWEENEY). All the consumers out there saw was in committee tomorrow. Mr. SWEENEY. I thank the gen- maybe a nickel, six cents, seven cents The gentleman from Pennsylvania tleman from Missouri for yielding. difference. It was not that big. There (Mr. SHERWOOD) has been an advocate Madam Speaker, I submit for the was no real notice when they went in, of this policy since he got here and has RECORD this editorial from the Wiscon- pulled their dollar bills out and tried to been working hard to see that we get sin-based dairy magazine ‘‘Hoard’s buy a gallon of milk. to this point of reversing this decision, Dairyman’’ which is entitled ‘‘On Fed- So it is important that we give these passing 1–A. I yield to the gentleman eral Order Reform . . . First, Do No farmers the opportunity to have a good from Pennsylvania. Harm.’’ I think it puts it in perfect per- fresh supply of milk produced locally, Mr. SHERWOOD. Madam Speaker, I spective. What it essentially says is let them recoup their local costs, rise to support my colleague from Mis- that Federal orders are put in place for whether it is labor costs, whether it is souri’s bill to have 1–A pricing as the dairy farmers, to be approved by dairy transportation costs. Whatever the best solution for producers and con- farmers. While USDA’s proposal ad- cost is, whether they have got to get sumers across the country. dresses some pricing aberrations, we their feed ground, whatever it is they The Secretary of Agriculture’s re- cannot be expected to embrace a plan have to do, they have to be able to re- form policy for the Federal milk mar- that reduces income for this high-cap- coup that cost. keting order is poor policy. It favors a ital, low-margin, physically demanding Some of the other speakers talked small segment of the dairy industry in business of producing milk. and we have to talk again about the the northern Midwest and could lead to I suggest we take the advice of this dairy compact, because we are going to reductions in income of more than 6 upper Midwest authority with the na- be back here I know talking about this percent to family dairy farms in other tional interests of the dairy industry in issue. And it is important that we also, parts of the country. mind. First do no harm and reform the and I know that we are supportive of Madam Speaker, we have had far too dairy program in a way that does not 1604, to reauthorize the dairy compact much reduction in dairy farms in Penn- hurt dairy farmers. and to create a southern compact. sylvania already. When I was a young [From the Hoard’s Dairyman, May 10, 1999] I am very proud that in Pennsylvania boy growing up after the Second World ON FEDERAL ORDER REFORM . . . FIRST, DO our State assembly since the last time War, my uncle had a dairy farm in a NO HARM we talked passed legislation to allow bend of the Susquehanna River, an area Think back to when the federal order re- Pennsylvania to join the compact. The known as North Eaton. He would run form package being debated now was being governor signed it into law. And now his can truck out and pick up milk drafted. The 1996 Farm Bill that mandated our farmers are going to have that from seven farmers in that peninsula. reform was to be the start of getting govern- shot. Now, the difference is that now Today there is not a dairy cow or a ment out of farming or, at least, away from they are making a little over $12 per regulating (or supporting) the price of farm pound of milk produced in that penin- products. ‘‘Market orientation’’ and ‘‘global hundred weight. It costs 13 and a half sula along the Susquehanna River. competitiveness’’ were the ag policy watch bucks to produce that milk. The com- I grew up in the small town of Nich- words. pact differential is going to be the dif- olson. There were three creameries and Now, USDA’s final rule proposes Class I ference between paying the bills, stay- four feed mills. Today there is not one differentials that would be ‘‘flatter.’’ Across ing in business, and not being in busi- of either. When the farmers made all orders, differentials would average 29 ness. That is how important this com- money, the little communities pros- cents a hundredweight less than existing lev- pact legislation is. pered, the churches were full, the char- els. So I thank my colleague for having The so-called make allowances would be ities were in good shape. As we let our raised for plants making butter and cheese me here to be part of this to let me family farm base wither away, we are under federal order jurisdiction. The intent along with I see the gentleman from not doing our society any good. is to make federal order plants more com- Pennsylvania (Mr. SHERWOOD) here to Family farmers do not want any- petitive with those in California which oper- be able to speak up on behalf of our thing from us that is not fair. I am a ate under higher make allowances. But there

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5060 CONGRESSIONAL RECORD — HOUSE June 29, 1999 is only so much value in a hundredweight of way for this Congress to show that it room services without prior authoriza- milk. Boosting margins for plants leaves less really does care about our senior citi- tion to restricting patients’ access to money to pay producers. zens. specialists. The National Milk Producers Federation Let me start this evening by talking These are the most important provi- estimates that dairy farmer income in fed- a little bit about the Patients’ Bill of sions that I am going to go through in eral orders would have averaged $196 million a year less during the past five years had Rights. I have said over and over again the Patients’ Bill of Rights that will USDA’s final rule been in effect. That figure on the floor of the House of Represent- provide patients with access to the may be inflated somewhat as it does not in- atives, both this session and previous care that they need when they need it. clude overorder and other premiums that sessions, that the most important First, access to emergency room would be paid. Still, we’re talking about less issue, the issue that I hear the most care. The Patients’ Bill of Rights al- money in dairy farmers’ bank accounts. from my constituents about and the lows patients to go to any emergency Having said this, let’s remember that issue that I think our constituents feel room during a medical emergency much has changed during the past two years we should address immediately, is re- without having to call a health plan since the Farm Bill was passed. Feed grain first for permission. Emergency room and wheat prices have been in the pits. The forming HMOs. Because so often Amer- icans who have managed care, whose physicians can stabilize patients and pork picture needs no explanation. Beef begin to plan for poststabilization care prices are stagnant, at best. And our milk insurance policy is essentially a man- prices soared to record highs, followed by the aged care or HMO type of policy, find without fear that health plans will lowest level in eight years. In short, today’s that there is not adequate protection later deny coverage. Access to needed specialists. We hear ag policy environment is much different under the law for them to receive qual- many times about the fact that, under than it was just two years ago. ity care when they need it. Accordingly, the medical motto ‘‘First, do The horror stories have been re- HMOs, patients have been told, ‘‘Well, no harm’’ comes to mind. Federal milk or- counted many times about Americans you can’t go to a particular specialist.’’ ders are put in place for dairy farmers, to be The Patients’ Bill of Rights ensures approved by dairy farmers. While the order who need a particular operation and are told that the HMO will not pay for that patients who suffer from a chronic proposal addresses some pricing aberrations, condition or a disease that requires we can’t be expected to embrace a plan that it or need a particular type of equip- care by a specialist will have access to reduces income for this high-capital, low- ment and are told that the HMO does a qualified specialist. If the HMO net- margin, physically-demanding business of not cover that or who need to go to an work does not include specialists quali- producing milk. emergency room and want to go to the fied to treat a condition, such as a pe- Rather than market orientation, we should closest one nearby to where they live be concerned about the nearly 8,000 families diatric cardiologist to treat a child’s or where they happen to be hurt and that sold their cows during 1998, many be- heart defect, it would have to allow the are told that they cannot go to that cause they couldn’t make ends meet. Rather patient to see a qualified doctor out- emergency room because that particu- than global competitiveness, we should be side its network at no extra cost. And lar hospital does not come under the concerned that the highest milk prices ever the Patients’ Bill of Rights also allows (1998’s average mailbox price was $15.05) were HMO plan. All we are seeking to do patients with serious ongoing condi- well under the total economic cost of produc- with the Patients’ Bill of Rights is to tion in five of six regions of the country, ac- tions to choose a specialist to coordi- provide sufficient protections, what I nate care or to see their doctor without cording to USDA analysis. call common-sense protections under Congress is to react to the reform plan by having to ask their HMO for permis- the law, under Federal law, that get rid early summer. There will be heated debates sion before every visit. on divisive issues, such as differentials and of these horror stories. Another important provision in our make allowances, both within and beyond Essentially, the Patients’ Bill of Patients’ Bill of Rights is access to an the Beltway. Dairy farmer leaders from Rights has two focuses. One is to make OB/GYN. The Patients’ Bill of Rights across the country need to put aside regional sure that the decision of what kind of allows a woman to have direct access differences and bring to Washington a uni- medical care you receive is made by to OB/GYN care without having to get fied voice that asks for best possible price for the doctor and the patient, not by the all diary farmers. a referral from her HMO. Women also insurance company; and the second would have the option to designate f focus is that there be an opportunity, if their OB/GYN as their primary care you are denied care by the HMO, that SUPPORT THE DEMOCRATIC physician. you have some sort of appeal, external PATIENTS’ BILL OF RIGHTS The other thing, because, as I men- appeal, as well as the right to bring tioned earlier, one of the major con- The SPEAKER pro tempore (Mrs. suit in court to make sure that your cerns right now is access to prescrip- NORTHUP). Under the Speaker’s an- grievance is heard and that that incor- tion drugs, well, under the Patients’ nounced policy of January 6, 1999, the rect decision can be overturned if it Bill of Rights, it requires that needed gentleman from New Jersey (Mr. should be. Those are the two focuses of prescription drugs be available to pa- PALLONE) is recognized for 60 minutes our legislation. tients. Currently, many HMOs refuse as the designee of the minority leader. But there are a number of other to pay for prescription drugs that are Mr. PALLONE. Madam Speaker, this things that come up in the context of not on their preapproved list of medi- evening I would like to talk about two the Patients’ Bill of Rights. I would cations. As a result, patients may not significant health care issues that the like to go into a little bit some of the get the most effective medication need- Democrats have made a major thrust, objectives tonight. I say that there are ed to treat their condition. The Pa- if you will, of their agenda for this four central objectives of the bill: Pa- tients’ Bill of Rights ensures that pa- Congress. One is the Patients’ Bill of tients should have access to needed tients with drug coverage will be able Rights, which is our HMO reform, our care, doctors should be free to practice to obtain needed medications even if patient protection reform; and the sec- medicine without improper inter- they are not on the HMO’s approved ond one is the effort that was an- ference from HMOs and insurance com- list. nounced today by President Clinton at panies, the health plan’s decision to Now, before I go on and talk a little the White House to modernize and deny care can be appealed by patients more about the Patients’ Bill of strengthen Medicare and, most impor- to an independent entity, and health Rights, let me stress that what the tantly, to provide a prescription drug plans are held accountable for their Democrats have faced in this Congress benefit for all Medicare recipients for medical decisions that lead to harm. is the fact that the Republican leader- the first time. Let me get into some of the specifics, ship refuses to bring up the Patients’ As Members know, when Medicare because I think that they are impor- Bill of Rights. They refuse to have a began in the 1960s under President tant. As I mentioned, patients today hearing in committee, they refuse to Johnson, there was not a prescription face numerous obstacles as they seek mark it up in committee, they refuse drug benefit. As part of the effort to access to doctors and needed health to bring it to the floor of the House of modernize Medicare and strengthen care services in the context of managed Representatives. This has been going Medicare, the President today went far care. These barriers to quality health on now since the beginning of this ses- towards coming up with a prescription care range from managed care compa- sion, and we faced the same problem in drug benefit that I think is a wonderful nies’ refusal to pay for emergency the previous session of Congress.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5061 So what do we do? Well, what we did whether a particular cardiac procedure So we are not really trying to do last week is we started a petition proc- is medically necessary is defined, is anything I think that most people do ess. There is such a thing as a dis- made by the board of specialists for not already think should be the case, charge petition which Members can cardiology. The decision about whether but, unfortunately, it is not the case. sign on the floor of the House of Rep- a child should stay in the hospital, as And I would point out that what we are resentatives; and if a majority of Mem- my colleagues know, a certain number seeing now on the Republican side, be- bers of this House sign the discharge of days or the mother should stay in cause I think they understand that this petition, then that forces the Repub- the hospital a certain number of days is a major issue and that they cannot lican leadership to bring the bill to the after the baby is born is not defined by keep denying us the opportunity to floor to have a debate, to have a vote, the HMO, the insurance company, but consider the Patients’ Bill of Rights on to have the American people see us defined by the specialist for pediatric the floor or in committee is that they have the opportunity to vote on this care or for obstetrics, whatever hap- have come up with their alternatives, bill. pens to be that specialty defines what what I call a piecemeal approach. What we started last week was this the level of care, what the treatment, They have introduced eight different petition drive. As of Friday, we had 180 what the equipment, what the number bills to cover some aspects of the Pa- signatures to our discharge petition, of days in the hospital should be. tients’ Bill of Rights, but those eight all Democrats. We are hoping, though, And that is very important because bills are woefully inadequate in terms that we can eventually get some Re- right now even if your HMO allows you of the kinds of protections that are publicans to join us; and we went to appeal the denial of care in a par- needed, they do not look at this prob- through the same process last year in ticular circumstance, that usually goes lem in a comprehensive way, and most an effort to get the Patients’ Bill of to a review board either within or out- importantly, the Republican bills that side the HMO that limits its review to Rights to the floor. are put out there, these eight bills, do whether or not the insurance policy is I assure my colleagues that over the not define medical, what is medically allowing you a procedure that they next few weeks we will do our best to necessary in a way that leaves it up to would normally allow. In other words, get to that magic number of 218 which the physician and the patients to make will bring the Patients’ Bill of Rights they allow what is medically necessary themselves, and all that the appeals that decision. They essentially leave it to the floor, if we can get that number, up to the HMO, and they do not have and I think we can, because I think process can do is to review whether they stood within the confines of their any kind of accountability because there is a huge groundswell, if you will, they do not have an external independ- of public opinion that wants to see this own definition of what is medically necessary. ent review process and they do not legislation brought to the floor. allow you to sue in a court of law. Let me just say a few more things That is not the way it should be. It should be that those standards are de- So we are going to go through this about the Patients’ Bill of Rights, process, we are going to see the Repub- what the legislation does. I stressed in fined by the doctors, by the specialist in that particular area and that that is lican leadership trying to say that they the beginning this notion that doctors are going to do HMO reform, but hope- need to be free to practice medicine. what is reviewed when it goes to an ex- ternal review board or when it goes to fully our discharge petition will even- Accountants, insurance companies, in- tually force the Republican leadership surance company bureaucrats, should a court of law, and it is a very impor- to bring the Patients’ Bill of Rights to not be making medical decisions and tant part of all this. the floor, and then we will have a full deciding what type of care you receive. All we want to do is make the HMOs debate and a vote on the bill. Yet some managed care organizations accountable for their actions. Some people have said to me, well, as my col- I wanted to tonight also go into what interfere with doctors’ medical deci- happened today at the White House sions and even go so far as restrict leagues know, if you let an external re- view take place of whether or not where the President unveiled his plan open communication between patients to modernize and expand Medicare and, and doctors. someone should have been denied that of course, the prescription drug benefit I think that most people are sur- particular procedure or if you let that that is so important as part of that. prised to find out that if the HMO does person go to court and have the court I think my colleague from Texas may not cover the particular type of proce- decide, as my colleagues know, wheth- have already discussed that to some ex- dure or operation that your doctor er or not that denial of care was appro- tent tonight, but maybe what we can thinks you need, that the HMO can ac- priate, you are going to have, as my do, if I can yield to him, is we can talk tually tell the doctor that he or she is colleagues know, endless lawsuits and somewhat about the Patients’ Bill of not allowed to tell you what that pro- the costs are going to go up and all this Rights, and then we can go into the cedure is. It is called a gag rule, be- kind of thing. Well, none of that is Medicare prescription drug benefit as cause, essentially, the doctor is denied true. his or her freedom of speech, their first I see my colleague from Texas has well because I think it is so important, amendment rights. That is just the joined me tonight, and he has pointed and I yield to the gentleman from most egregious example, and one of the over and over again how Texas has en- Texas. Mr. GREEN of Texas. Madam Speak- things that the Patients’ Bill of Rights acted a Patients’ Bill of Rights, and er, I thank my friend from New Jersey does is to prohibit insurers, HMOs, none of those concerns about extraor- for one, requesting this special hour from gagging doctors. But even more dinary costs or a lot of litigation have important is the idea that the decision come true. But what we are really say- this evening, but also for the an- about what is medically necessary, ing is that there has to be accountabil- nouncement yesterday that you are what is defined under the insurance ity, that the HMOs, just like anyone going to continue to serve with us in policy to be medically necessary, is de- else has to be accountable for their ac- the House, we hope, and not make that fined by standards within that particu- tions, and, if you have an external re- jump over to the other Senate side, and lar specialty of care. In other words, view process that is independent, that because of your leadership both in our right now if you have an HMO and the does not have people from the HMO health task force but also on this issue. HMO decides that a particular proce- making those decisions, or if you allow I think we can use that experience here dure or a length of stay in the hospital, someone to go to court to overturn a on this side of the aisle. The air is so for example, is not what they want to denial of care or to have someone re- rarified over in the Senate anyway, cover, they will simply say that what cover because the care was not pro- you have to have oxygen over there. But, Madam Speaker, for months all is medically necessary for you does not vided and they suffered damages, then we have heard is that we cannot pass a include that. in the long run the HMO will be more accountable. They will do the right Patients’ Bill of Rights because it will b 2030 thing from the beginning because they increase the cost and open employers They will define what is medically will be fearful that their decision, their to unfair lawsuits, both of which will necessary. wrong decision, will be overturned or supposedly force employers to drop in- What we do in the Patients’ Bill of that they have to pay damages in a surance coverage from their employ- Rights is we say no, the decision about court of law. ees. Essentially they are trying to kill

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5062 CONGRESSIONAL RECORD — HOUSE June 29, 1999 meaningful managed care reform with have insurance policies that come Bill of Rights. I am sorry to hear that half truths and scare tactics. under federal law. our Republican leadership continues to The insurance industry, managed Again, we have many policies in our push with sometimes half fixes and care organizations, HMOs and often- country that come under State law or even loopholes. To be honest, I am not times even some of the big businesses Federal law, and no matter if all 50 so sure I have been convinced that the have repeatedly tried to scare the States pass their own patient protec- leadership seriously wants to pass a American people by saying the bill tions or the Patients’ Bill of Rights, we managed care reform bill that truly would dramatically raise premiums still have to pass it on the Federal protects patients with some of the and force employers to drop health in- level because of the Federal law and things I have heard the last few weeks. surance for their employees. Obviously, ERISA. These include eliminating gag Certainly their actions to date have that is not the furthest thing I would clauses so that the physicians will be not given us any reason that they will, ever want to do and I know every Mem- able to communicate freely with their but I do think they would have com- ber of the House would not want to do patients. That should not cost a dime passion to bring a bill up on the floor that. except letting the doctors talk to their so we can debate it here on the floor Some of these special interest groups patients. Open access to specialists for just like we are doing tonight. If our even suggest that the increase could go women, children in the chronically ills ideas do not have the majority vote, as high as a 40 percent increase in pre- of patients who will not need to have a then so be it. That is the democracy miums, and once they are done spread- referral every time they see a physi- and the American system. But we need ing that inaccurate number, maybe we cian. They have to go back to their pri- to have, the American families need to really ought to talk about what the mary care doctor, and we understand have, the protections, and we ought to bill may cost and even use some real this. A woman, for example, may pick debate it openly here on the floor of life experience, what has happened in a primary care doctor that is not her the House, and whether it takes, as my the State of Texas. But even on the OB/GYN, and she should not have to go colleagues know, 1 hour or 10 hours we Federal level our nonpartisan Congres- back to that primary care doctor every ought to have that time here for the sional Budget Office after thoroughly time she needs to go to her obstetri- most important health care bills that analyzing each section of the Patients’ cian. Same way a person who may be will come along maybe in our lifetime. Bill of Rights determined that the bill diagnosed with cancer. They should not Unfortunately that is not the case. would cost beneficiaries only $2 a have to go back to that primary care Last year’s floor consideration, as month; that is right, the cost of a doctor every time they need a cancer Members of the Committee on Com- happy meal at McDonalds. Patients treatment. They should be able to go merce, we did not even have, were un- and managed care could have what to their oncologist that is on their list. able to consider the bill that came up they really need as fairness and protec- External and binding appeals process here on the floor, was actually drafted tion in accountability and for $2 a that guarantees patients timely review in the Speaker’s office, and we had one month. But the news is even better of questionable decisions. chance to mend it, one chance. And we Again, in the State of Texas 50 per- than they want to hear because in my all, we lacked five votes in coming up cent of the time the appeals have been home State of Texas, which passed a with a real strong Patients’ Bill of found for the patient, and 50 percent Patients Protections in 1997, the State Rights. Ours failed by 5 votes. What for the insurance company, and that is of Texas Patient Bill of Rights in- passed the House was not even seri- great; 50 percent of the time they are cluded external appeals and account- ously considered by the U.S. Senate be- wrong, and before this law passed in ability and liability sections, and you cause it actually weakened the law Texas, 100 percent of the time they know the only premium increase that that had already been passed in a lot of were wrong. It is just that we have can be attributed is to the higher cost our States. found out that half the time they were And so that is why tonight I am for prescription medication. right. Coverage for emergency care so There have been increases, but it has happy to be here with you again and in families will not be required to stop at been the standard increase whether it talking about how important a com- a pay phone to get pre-authorization is in Dallas or Houston, it has been in prehensive Patients’ Bill of Rights, and because they could go to the nearest San Francisco or Denver or in Wash- let us stop stonewalling, let us go emergency care unit that they have ington or New York, anywhere else in ahead and get this bill out here on the and medical necessity for those deci- the country. There has been no notice- floor. Sure, we can have all the com- sions. mittee hearings we want, but we really able increase in premiums in the State But also, and we heard it last week of Texas since 1997 because of the man- need to get a comprehensive bill here and we have heard testimony not only on the floor of the House. It is a fair aged care reform bills. So even the in our Committee on Commerce hear- Congressional Budget Office at $2 a bill, but it rules that we can debate our ing we had, but also in our task force ideas, and that way we can vote out month may be over exaggerating, but hearing we had last week: If you hold again maybe we can afford a happy here in public for everyone. the medical decision maker account- With that I would be glad the gen- meal to make sure we get the health able, if you hold that doctor or that tleman requested this time this care we need. provider accountable, then the person In fact, in the State of Texas in the evening, and again I know you wanted who is telling that doctor how to prac- to talk about the President’s plan outside appeals 50 percent of those ap- tice medicine ought to also be account- peals are being found in the patients today. And let me just say that a few able, and in the State of Texas again; I minutes ago I spoke, and the Presi- benefit; so in other words, 50 percent of hate to keep using Texas as an exam- the time if an HMO tells you that is dent’s plan may not go as far as I ple, but that is where this has been would like it to go, but it moves us not covered or we are not covering it, tried and tested and proven. they are wrong, and that is what hap- down that road. In football terminol- There have been no more than three ogy we may be on the one yard line pened in the State of Texas. So again, lawsuits anybody knows of filed since for $2 a month or even less I would be now, he may move us to the 40 or 50. Of 1997; one because the appeals process is course, I would rather have a touch- more than happy to have an outside ap- working. Patients only want to have peals process that is really an appeals down, but at least he moves us down the health care that they pay for, and the road on really prescription medica- process. Plus, there has been no mass so if they get it and then plus if they exodus in the State of Texas for em- tion for our senior citizens. are ruled against half the time, then And so I am glad the President an- ployers that drop health insurance in they are probably not going to go hire nounced that today. Hopefully we will Texas. What Texas residents do have them a lawyer because the facts are al- go from here and go forward with it. now is health care protections that ready out there, and they know what Mr. PALLONE. I want to thank the they need and they deserve. Provisions reason was made for not having the gentleman for his comments. included in the Patients’ Bill of Rights health care that they expected they b in the State of Texas should be ex- should have. 2045 tended to all Americans and, most im- Instead they recognize the afford- Madam Speaker, I just wanted to portantly, to the 8 million Texans who ability and the value of the Patients’ comment on some of the remarks that

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5063 my friend, the gentleman from Texas sand of that, half of that, would be paid Again, I do not have all the numbers. (Mr. GREEN), made because I think for by Medicare. Then that premium We serve on the Committee on Com- they are so significant. would eventually go up, I guess, to $44 merce, not the Committee on Appro- First of all, with regard to the Pa- a month when fully phased in at 2008, priation and the Committee on the tients’ Bill of Rights, the gentleman but at that point it would cover up to Budget. We identify the problems. has set forth not only tonight but on $5,000 in costs. Then we have to figure out how to do many occasions, including last week Now I say it is modest because I am it. If we cannot completely solve them, when we had our Democratic Health sure some people will say, well, why is let us at least go part of the way to do Care Task Force hearing, on the fact it not paying the whole cost? Why is it it. that there is no question that under we only get 50 percent and we still have The President’s plan goes $3,000 for the Texas law, which is very similar to to put up the other 50 percent? the first few years, and then it goes up what we have, that some of the con- I think we have to look at the reali- to $5,000 after that. I have constituents cerns that have been expressed about ties of the situation. We know that ev- that have been to my townhall meet- HMO reform legislation, like the Pa- erything costs money and that the ings literally for years and said that a tients’ Bill of Rights, have just not ma- Federal budget is not infinite. The husband or wife, oftentimes the wife terialized. The fact that there have President is basically saying that he is has minimum benefits on Social Secu- been almost no lawsuits, the fact that going to put 15 percent of the surplus rity because the wife worked tradition- the cost increases have been really a into Medicare, and this will be one of ally at a lower wage job. Her whole few pennies, really, per month, and I the benefits of that. When I think of check, every month, goes to their pre- think that is important because as most of the seniors that I know, they scription medication. Their fear is that much as we realize a lot of these criti- would be very glad to pay that $24 a what happens when one of them passes cisms are not justified, many of the in- month and to have half of their drug away? Now, sure, their prescription medica- surance companies, many of the HMOs costs subsidized by Medicare. The other thing which I do not think tion may be cut in half, but they are continue to make these criticisms and losing that income, and they are also in many cases spend a lot of money was heralded so much today but I am sure will be brought out as this unfolds going to lose some of their Social Secu- trying to advertise potential problems rity. So they cannot afford for one of that might exist with the Patients’ Bill is for beneficiaries with low incomes, below 135 percent of poverty, which I them to pass away because of the high of Rights; and the Texas legislation, guess is defined as $11,000 for a single cost of their prescriptions. which has been in force now for about person or $17,000 for a couple, they It is just a shame in our country. I 2 years, shows rather dramatically that would not pay premiums or cost shar- have seniors who have told me their those criticisms are not legitimate. ing. Those with incomes between 135 blood pressure medicine that they have The problem, of course, is that this to take once a day, I really cannot af- Texas law and the New Jersey law, and 150 percent of poverty would re- ceive premium assistance as well, in ford it because it is really so expensive which we have in my State, and all the so I take it every other day. That State laws do not apply to the major- the same way that we do with part B that covers the doctors’ bills. I guess it should not be for that senior to have to ity of the people who fall under a Fed- is called the QMB. I have forgotten do it or decide I am not going to have eral preemption because their insur- what QMB stands for, but these are dinner tonight or I am not going to ance is essentially Federal because people with low income who do not have breakfast or go to lunch because I their employer is self-insured or some have to pay the premium. So between need to take my medication. Those other things that might bring them that and this $24 cost that anyone else choices should not have to be made in under Federal preemption. So we do wants to pay on a voluntary basis, I a country as wealthy and as great as need the Federal law, and I think we think it is a pretty good deal. ours and who has a tradition, at least will get the Federal law if we keep I would like to see it go further, but since the 1930s, of taking care of our pressing. I think it is a very good beginning and seniors, first by a Social Security sys- I did want to switch because I did not something that hopefully we can get tem that literally was the first welfare hear the gentleman this evening but I bipartisan support for. bill because people paid into Social Se- knew that he was talking about the an- I would yield to the gentleman from curity so when they are retired they nouncement that the President made Texas (Mr. GREEN). get something back on it, and then in today, and I think that we are going to Mr. GREEN of Texas. Mr. Speaker, 1965 with the Medicare bill and now in see that his proposal for Medicare re- earlier, in a 5-minute special order, I 1999 to expand it to include prescrip- form and expansion, albeit modest, is talked about a constituent of mine tion medication. something that the majority of the that pays $260 a month for her prescrip- The other thing the President talked people will become very supportive of. tion medication. That comes out to a about in his Medicare proposal was to And we hopefully will not have to press little over $3,000 a year, $260 a month. correct some of the inequities in the the Republican leadership to bring that Basically, under the President’s plan, Balanced Budget Act of 1997 where a up for the vote; but if we have to, we and again we will all see how this ap- lot of our hospitals and even our home will. plies to our own constituents but now health care providers, the cuts were so If I could just talk briefly about the she pays a little over $3,000 a year. dramatic that they are not being able prescription drug benefit, I guess the Under the President’s plan, she would to provide some of the services. I know hallmark of it, from what I understand, pay $25 a month so that would be times I get letters in my office from senior is that it will pay for half the cost of 12. She would pay 200-and-something citizens but also hospitals. So by dedi- prescription drugs up to a total cost dollars. Let me see. I have to go back cating 15 percent of the budget surplus annually of $5,000 when it is fully in to my math but probably around $300 a over and above the Social Security force, which I guess is in the year 2008. year. And then she would get half of amount that we will need for Medicare, But initially when it goes into force, it that so she would be paying $1,500 if her it shows that that will help us and not will at least cover up to $2,000 annu- medication costs stay the same, $3,000. only with prescription medications. ally, and we are talking about a pre- She would pay half under the Presi- So I congratulate the President. mium which I think is about $24 a dent’s plan and then the other half Again, I hope that we will have the month beginning in the year 2002. would be paid for by Medicare part B. chance on the floor of the House to de- So if this went into place the first So she would actually come out saving bate prescription medication provi- time in 2002, one would be paying $24 a money. sions for our senior citizens. Again, it month; and this would apply to any- Again, that is like I said, she still has may not go as far as I want to, but body who wanted to. It is a voluntary to come up with her amount. She is again let us show some progress in the system, a new part B benefit, that any- paying this $260 a month now, and at legislative side. Instead of just saying body who wants to could pay the $24 a $25 it just seems like it would save her no, we are not recognizing the problem, month, and they would be guaranteed money. It is not as far as I want but, let us show we recognize the problem in that year up to $2,000 of prescription like I said, it moves us down the field and do the best we can with the re- drugs that they might incur. A thou- a little bit. sources we have to do it.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5064 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Again, I thank the gentleman for Prescription drugs have become more ON TURKISH INTRANSIGENCE AND CONCERNS RE- taking this time tonight and also let- available and more prevalent over the GARDING THE ENTITIES LIST AGAINST TURKEY ting us talk a little bit about prescrip- last 30 years since the 1960s when Medi- AND PAKISTAN. tion medication because that is impor- care began because it was a preventive Mr. PALLONE. Mr. Speaker, what I tant to all of our constituents. Wheth- measure. One takes the prescription would like to do now, if I could, and I er they live in Houston or Texas or drugs to prevent getting further sick or will not take up the whole time, but I New Jersey or California or whether having to be hospitalized or having the wanted to sort of change the subject they are Democrat or Republican, it is operation, but there are other preven- and talk about two foreign policy areas important for us to address that. tive benefits in Medicare that are just which I am very concerned about. Mr. PALLONE. Madam Speaker, I as important. The first one involves U.S. relations want to thank the gentleman from By eliminating existing copayments with India, which I often speak about Texas (Mr. GREEN) for his remarks. I and deductibles for these kind of pre- as a member of our bipartisan India know that we just heard about the de- ventive services, I think the President Caucus. It references legislation that I tails of this proposal today, but I am goes far, combined with the prescrip- am introducing today with regard to sure that over the next few weeks or tion drug program, in stressing preven- the so-called ‘‘entities list’’ against few months we will be going into the tion as part of the Medicare program both India and Pakistan. details a lot more and basically point- which is so important. The legislation I am introducing, Mr. ing out the good points of the program. Speaker, is a concurrent resolution I just wanted to mention, it is esti- He said today, just to give an idea of aimed at getting the administration to mated that about 31 million Medicare the kind of preventive services that review its so-called ‘‘entities list’’ with beneficiaries would actually benefit would no longer have those copay- regard to India and Pakistan. from the coverage that the President ments and deductibles, just to give The Bureau of Export Administration outlined today. The reason there are so some examples of the cancer screening, has created a blacklist of private and many is because so many older and dis- bone mass measurements, pelvic public entities in the two countries, abled Americans rely so heavily on exams, prostate cancer screening, dia- subjecting them to a near complete medication. In other words, somebody betes self- management benefits, mam- prohibition on all exports, including who is younger might say, well, will I mograms, these are the kinds of pre- paperclips and paper cups, without re- even incur $25 worth of prescription ventive measures that I think should gard to their specific use or whether drug costs per month? But for people not have the copayment deductible be- these items contribute in any way to who are over 65 or the disabled that are cause we want everybody to take ad- nuclear weapons or missiles. covered by Medicare, most of them vantage of them, a significant part of In effect, the entities list imposes a incur prescription drug costs that are his proposal today. trade embargo against nearly 300 com- well over the $24 premium per month. The other thing is he reiterated as panies and agencies with little or no di- As I said, about 31 million people part of his Medicare proposal today the rect connection to nuclear weapons would benefit if they took advantage Medicare buy-in for the near elderly. programs. In practice, this is an essen- and opted into this new part B pre- The plan includes the President’s pro- tially punitive list. Besides punishing scription drug benefit that the Presi- posal to offer any American between the Indian and Pakistani entities, the dent has outlined. the ages of 62 and 65 the choice to buy list also ends up hurting U.S. firms and The other thing I would say about it into the Medicare program for approxi- U.S. research organizations that have is that the way the President is struc- mately $300 per month; displaced work- ties with them. turing this Medicare prescription drug ers even at a lower age. Displaced Mr. Speaker, the administration, I benefit, it ensures beneficiaries dis- workers between 55 and 62 who had in- believe, has cast too wide a net in list- counts similar to that offered by many voluntarily lost their jobs and insur- ing entities, including private compa- employer-sponsored plans estimated to ance could buy in at a slightly higher nies and research institutions, that do be, on average, over 10 percent for each premium, approximately $400 per not threaten U.S. security interests. prescription purchased. That has noth- month. There are a total of 196 entities from ing to do with the limit. In other So what we are seeing here is an ef- India and 92 from Pakistan on the list. words, it has built into the prescription fort by the President to expand Medi- This compares with a total of only 13 drug program these kinds of discounts; care to the near elderly at no addi- named entities from China and 13 from and, of course, the Medicare subsidy to tional cost because this would be the Russia. pay half the cost is beyond the dis- cost of having those people enter into There are some truly absurd exam- count that one would also get. So I the Medicare program. I think that is ples of entities that have been included think that is another very significant also significant. aspect to it. in this list. For example, medical The other thing, there were a number The last thing I wanted to mention equipment cannot be supplied to a can- of other things that the President men- on the President’s Medicare proposal cer unit that comes under the adminis- tioned today as part of the Medicare today, I think my colleague, the gen- trative jurisdiction of an atomic re- expansion that he unveiled, and I just tleman from Texas (Mr. GREEN) al- search center. The trade restrictions wanted to mention a few of these be- ready touched on it, but I wanted to re- are actually more permissive with re- cause I think they are significant. iterate that his proposal extends the gard to military than civilian entities. Very significant is that his proposal life of the trust fund, the Medicare It is indicative of policies that I think eliminates all cost sharing for preven- Trust Fund, until at least 2027. have lost touch with the spirit of the tive benefits in Medicare and institutes A lot of my constituents come up to laws that they were meant to imple- a major health promotion education me and say, is Medicare going to be ment. campaign. Let me just talk a little bit there in a few years? Well, the answer Thus, I have introduced today my about that preventive aspect. is that if the President’s plan is adopt- sense of the Congress resolution, simi- One of the biggest criticisms that we ed, it will be. It will be there at least lar to a provision approved in the other have had over the years, not only of until 2027. He does that by dedicating body, the Senate, as part of the fiscal Medicare and Medicaid but just health 15 percent of the surplus, which is $794 year 2000 defense appropriation legisla- care in general, is that we do not en- billion over 15 years, to Medicare, to tion. courage prevention. Prescription drugs insure the financial health of the trust It states that export controls should essentially are prevention. It used to fund through at least the year 2027. be applied only to those Indian and be 30 years ago when Medicare was Pakistani entities that make direct started that prescription drugs were and material contributions to weapons b 2100 not important because the emphasis on of mass destruction and missile pro- health care then was if one was in the We will go into this more, Mr. Speak- grams, and only those items that can hospital and if they had to have an op- er, as we get a chance to look at his contribute to such programs. eration they had the operation, and proposal in more detail over the next The entities list was adopted, I think that was the way to cure them. few weeks. I mentioned, by the Bureau of Export

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5065 Administration last year in the wake ing technical assistance programs that Cyprus issue, this latest refusal to of the imposition of unilateral U.S. were helping India establish the kind of allow the peace process to move for- sanctions pursuant to the Glenn viable financial institutions that it ward is hardly a surprise. I am cer- Amendment to the Arms Export Con- would allow for much-needed infra- tainly not surprised. But I nonetheless trol Act. structure and other development wanted to come down here to discuss The sanctions were invoked auto- projects. The sanctions not only de- this particular example on the House matically, pursuant to the Glenn prive the people of India of important floor because, frankly, the U.S. Gov- Amendment. However, the naming of opportunities, they also serve to cut ernment is simply not doing enough to the Indian entities on the list is not a the U.S. private sector out of one of help bring Turkey to the negotiating mandatory Glenn Amendment sanc- the world’s major emerging markets. table. tion. I would say that the list goes way I am glad to see Congress is working In my view, pressure by Members of beyond the intent of Congress when it on a bilateral and bicameral basis to Congress who support a just resolution enacted the Glenn Amendment in an lift the sanctions. Mr. Speaker, these to the Cyprus problem must be turned effort to prevent nuclear detonations efforts would not affect the Adminis- up. The justification the Turkish lead- by what were termed nonnuclear pow- tration’s entities list. It is up to Con- er provided to Reuters News Agency for ers by the Nuclear Non-Proliferation gress, working with the American pri- rejecting a new round of peace negotia- Treaty. Furthermore, the entities list vate sector entities that have been tions is absolute garbage. Denktash is not subject to suspension or waiver. hurt by this counterproductive policy, told Reuters he would not attend any Mr. Speaker, in the Omnibus Appro- to speak out and urge the administra- negotiations at which the democrat- priations Act of the last fiscal year, tion to reconsider. ically-elected president of Cyprus, Mr. there was a provision granting the I hope we can enact this legislation Clerides, represented the Cyprus gov- President the authority to waive cer- that I am introducing today, Mr. ernment. tain Glenn Amendment sanctions. This Speaker, and that the administration According to Denktash and his pa- year both houses of Congress, both the will respond in a meaningful way by re- trons in Ankara, the Cypriot govern- House and Senate, are moving legisla- moving entities from this list that sim- ment does not have any official juris- tion to further waive or to suspend the ply do not belong there. diction or authority over the portion of sanctions, but the entities list would Mr. Speaker, I also wanted to take a the island that has been illegally occu- not be affected by these efforts. It is a few minutes, about at the most 5 min- pied by Turkish troops for almost 25 discretionary measure imposed by the utes, to talk about something that I years. administration above and beyond what read about over the weekend in the the Glenn Amendment provides for. New York Times that again indicated Adding to this absurdity, the Reuters Mr. Speaker, I have repeatedly made very strongly the Turkish govern- report also noted that Denktash and the point that I have concerns about ment’s intransigence with regard to Turkey claimed that ‘‘decades of talks this discretionary approach in general. the continued occupation of Cyprus. on an inter-communal basis have failed Personally, I would like to see the I have a number of Cypriot constitu- to acknowledge the existence, in effect, sanctions permanently repealed. I ents. I know the Cypriot Americans as of two separate governments on the is- would at least favor suspension of the a community have been to many Mem- land.’’ sanctions for some period of time, 5 bers of Congress, both Democrats and Mr. Speaker, these ridiculous claims years is provided for in the Senate lan- Republicans, many times to express were made by Denktash for the sole guage, rather than continuing to use their concern over the lack of progress purpose of killing a new round of nego- the sanctions in a carrot and stick in resolving the continued Turkish oc- tiations before they have a chance to strategy to force concessions. cupation of Cyprus. This year, actually succeed. That is what he is up to. With the entities list, we have seen July 20 of this year, next month, will Clerides, President Clerides, is recog- this discretionary approach taken to mark the 25th anniversary of this ille- nized internationally as the President its logical extreme. Instead of control- gal Turkish invasion and occupation of of Cyprus, and Turkey is alone in its ling exports that have a direct bearing Cyprus. recognition of the so-called Turkish on nuclear or missile programs, the list The problem is that the Turkish side Republic of Northern Cyprus. No other is simply a broad technological embar- continues to refuse to come to the ne- country in the world recognizes the go against non-weapons related private gotiating table with the intention of portion of Cyprus that the Turks have and commercial activities. negotiating in good faith. Hundreds of illegally occupied for 25 years as an Mr. Speaker, I made the point that attempts to solve this problem have independent state. this list is punitive, but the real ques- been made, yet to date the islands is The Turkish suggestion that peace tion is, whom does it punish? The divided and remains one of the most negotiations must be between leaders named entities can generally find al- militarized places on the face of the of independent nations from the same ternative suppliers from other coun- Earth. island is way outside the realm of re- tries. The real victims are the Amer- Mr. Speaker, to its credit, following ality. ican companies, their employees, and the leading role it played in bringing Mr. Speaker, the international com- suppliers. NATO’s role with Serbia to an end, the munity recently reaffirmed its position Furthermore, the list is open-ended. group of eight major industrialized na- on the Cyprus issue. In December of The named entities from India and tions, the G–8, agreed to press for a new last year, the U.N. Security Council Pakistan are not accused of violating round of negotiations recently on the passed a number of resolutions on the any law or commitment. There is noth- Cyprus issue. Cyprus situation, including Resolution ing the entities can do to get delisted, The Secretary General of the U.N. 1217 which reiterates all previous reso- since there was nothing really they did endorsed the G–8’s plan and subse- lutions on the Cyprus problem. to get put on the list in the first place. quently announced he was prepared to I have come to this floor on many oc- invite the Greek and Turkish Cypriots Those resolutions state that any so- casions in the last year to express my to hold comprehensive peace negotia- lution to the Cyprus problem must be concern that the sanctions regime tions. The Turkish side, however, did based on a State of Cyprus with a sin- against India has severely damaged the not waste a second in reaffirming its gle sovereignty and international per- burgeoning economic relations that disrespect for the will of the inter- sonality and a single citizenship, in a have been opened up since India under- national community. bi-communal and bi-zonal federation, took historic market reforms in the Turkish president Rauf Denktash, he with its independence and territorial early 1990s. is the President of the Turkish occu- integrity safeguarded. The sanctions have forced the U.S. to pied part of Cyprus, quickly dismissed So on the one hand we have the oppose major projects funded by the the U.N.’s proposal for a new round of international community taking steps World Bank and other international fi- peace talks as nonsense. to reaffirm its commitment to a peace- nancial institutions. We have had to After nearly 25 years of Turkish bel- ful and just settlement to the Cyprus abandon nonhumanitarian aid, includ- ligerence and intransigence over the problem, and on the other hand, the

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5066 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Turks are only hardening their posi- CONFERENCE REPORT ON H.R. 775, dress any and all outstanding year 2000 com- tion and thumbing their nose at what- Y2K ACT puter date-change problems, so as to minimize ever the international community sug- possible disruptions associated with computer Mr. GOODLATTE (during Special failures. gests. Order of the gentleman from New Jer- (3)(A) Because year 2000 computer date- Their claim that a new basis for ne- sey, Mr. PALLONE) submitted the fol- change problems may affect virtually all busi- gotiations is needed because the nego- lowing conference report and state- nesses and other users of technology products to 1 tiations over the last 2 ⁄2 decades, ment on the bill (H.R. 775) to establish some degree, there is a substantial likelihood which they have worked systemati- certain procedures for civil actions that actual or potential year 2000 failures will cally to undermine, have failed to brought for damages relating to the prompt a significant volume of litigation, much produce any results essentially says it of it insubstantial. failure of any device or system to proc- (B) The litigation described in subparagraph all. Rejecting all reasonable and peace- ess or otherwise deal with the transi- ful overtures and substituting unrea- (A) would have a range of undesirable effects, tion from the year 1999 to the year 2000, including the following: sonable and unworkable conditions in and for other purposes: (i) It would threaten to waste technical and their place is not an approach that will CONFERENCE REPORT (H. REPT. 106–212) financial resources that are better devoted to move the peace process forward. curing year 2000 computer date-change problems Sadly, that is precisely why they The committee of conference on the dis- and ensuring that systems remain or become agreeing votes of the two Houses on the make the suggestions. If the Turks operational. amendment of the Senate to the bill (H.R. (ii) It could threaten the network of valued were truly interested in moving the 775), to establish certain procedures for civil peace process forward, they would and trusted business and customer relationships actions brought for damages relating to the that are important to the effective functioning come to the table and abandon their failure of any device or system to process or of the national economy. belligerent and unreasonable condi- otherwise deal with the transition from the (iii) It would strain the Nation’s legal system, tions for negotiations. year 1999 to the year 2000, and for other pur- causing particular problems for the small busi- They could also accept the standing poses, having met, after full and free con- nesses and individuals who already find that offer from the Cypriot government to ference, have agreed to recommend and do system inaccessible because of its complexity demilitarize the islands in an effort to recommend to their respective Houses as fol- and expense. lows: (iv) The delays, expense, uncertainties, loss of reduce tensions, as well as the Cypriot That the House recede from its disagree- government’s offer to pay for the costs control, adverse publicity, and animosities that ment to the amendment of the Senate and frequently accompany litigation of business dis- of the peacekeeping force following any agree to the same with an amendment as fol- putes could exacerbate the difficulties associated such demilitarization. lows: with the date change and work against the suc- The fact of the matter is that the In lieu of the matter proposed to be in- cessful resolution of those difficulties. Turkish side could do any of a number serted by the Senate amendment, insert the (4) It is appropriate for the Congress to enact of things to reduce tensions and put following: legislation to assure that the year 2000 problems the peace process back on track if An- SECTION 1. SHORT TITLE; TABLE OF SECTIONS. described in this section do not unnecessarily kara, where the real decisions about (a) SHORT TITLE.—This Act may be cited as disrupt interstate commerce or create unneces- the ‘‘Y2K Act’’. Cyprus are made, allowed it to happen. sary caseloads in Federal courts and to provide (b) TABLE OF SECTIONS.—The table of sections initiatives to help businesses prepare and be in History has shown we should not ex- for this Act is as follows: a position to withstand the potentially devastat- pect that to happen any time soon, and Sec. 1. Short title; table of sections. ing economic impact of such problems. that is why the U.S. has to do more to Sec. 2. Findings and purposes. (5) Resorting to the legal system for resolution make it happen. Sec. 3. Definitions. of year 2000 problems described in this section is Mr. Speaker, I just wanted to say Sec. 4. Application of Act. not feasible for many businesses and individuals that in my view, it is long past time to Sec. 5. Punitive damages limitations. who already find the legal system inaccessible, Sec. 6. Proportionate liability. particularly small businesses and individuals stop focusing public and private efforts Sec. 7. Prelitigation notice. on the Turkish Cypriots and intensify who already find the legal system inaccessible, Sec. 8. Pleading requirements. because of its complexity and expense. American efforts to move the peace Sec. 9. Duty to mitigate. (6) Concern about the potential for liability— process forward on the Turkish mili- Sec. 10. Application of existing impossibility or in particular, concern about the substantial liti- tary, which has real and substantial in- commercial impracticability doc- gation expense associated with defending fluence on decision-making in the trines. against even the most insubstantial lawsuits—is Turkish government. Sec. 11. Damages limitation by contract. prompting many persons and businesses with To that end I would reiterate what I Sec. 12. Damages in tort claims. technical expertise to avoid projects aimed at Sec. 13. State of mind; bystander liability; con- curing year 2000 computer date-change prob- and many other Members of Congress trol. have said publicly and privately to the lems. Sec. 14. Appointment of special masters or mag- (7) A proliferation of frivolous lawsuits relat- administration. The United States gov- istrate judges for Y2K actions. ing to year 2000 computer date-change problems ernment must stop spinning its wheels Sec. 15. Y2K actions as class actions. by opportunistic parties may further limit access and convey to Ankara in forceful and Sec. 16. Applicability of State law. to courts by straining the resources of the legal unequivocal terms that there will be Sec. 17. Admissible evidence ultimate issue in system and depriving deserving parties of their direct consequences in U.S.-Turkish re- State courts. legitimate rights to relief. Sec. 18. Suspension of penalties for certain year (8) Congress encourages businesses to ap- lations if Ankara does not prevail upon 2000 failures by small business the Turks to come to the negotiating proach their disputes relating to year 2000 com- concerns. puter date-change problems responsibly, and to table in good faith. SEC. 2. FINDINGS AND PURPOSES. avoid unnecessary, time-consuming, and costly Almost 25 years have passed since (a) FINDINGS.—The Congress finds the follow- litigation about Y2K failures, particularly those Turkey invaded Cyprus. The recent ing: that are not material. Congress supports good comments by Denktash, who is now (1)(A) Many information technology systems, faith negotiations between parties when there is taking his orders from the very same devices, and programs are not capable of rec- such a dispute, and, if necessary, urges the par- Prime Minister in Ankara who presided ognizing certain dates in 1999 and after Decem- ties to enter into voluntary, non-binding medi- over Turks 1974 invasion, suggest it ber 31, 1999, and will read dates in the year 2000 ation rather than litigation. might as well have been yesterday. and thereafter as if those dates represent the (b) PURPOSES.—Based upon the power of the year 1900 or thereafter or will fail to process Mr. Speaker, finally, I think it is Congress under Article I, Section 8, Clause 3 of dates after December 31, 1999. the Constitution of the United States, the pur- clear that the people of Cyprus have (B) If not corrected, the problem described in poses of this Act are— waited far, far too long for their free- subparagraph (A) and resulting failures could (1) to establish uniform legal standards that dom. It is my unshakable belief that incapacitate systems that are essential to the give all businesses and users of technology prod- the U.S. should immediately take the functioning of markets, commerce, consumer ucts reasonable incentives to solve year 2000 appropriate course of action against products, utilities, Government, and safety and computer date-change problems before they de- the Turkish government to help the defense systems, in the United States and velop; Cypriot people attain their independ- throughout the world. (2) to encourage continued remediation and (2) It is in the national interest that producers testing efforts to solve such problems by provid- ence and their freedom and the cause of and users of technology products concentrate ers, suppliers, customers, and other contracting a united Cyprus without further delay. their attention and resources in the time remain- partners; I do think these international issues ing before January 1, 2000, on assessing, fixing, (3) to encourage private and public parties are important. testing, and developing contingency plans to ad- alike to resolve disputes relating to year 2000

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00072 Fmt 7634 Sfmt 6333 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5067 computer date-change problems by alternative assist in the resolution of issues in controversy, are beyond the reasonable control of the defend- dispute mechanisms in order to avoid costly and through processes such as early neutral evalua- ant charged with compliance; and time-consuming litigation, to initiate those tion, mediation, minitrial, and arbitration. (ii) does not include— mechanisms as early as possible, and to encour- SEC. 4. APPLICATION OF ACT. (I) noncompliance with applicable Federally age the prompt identification and correction of (a) GENERAL RULE.—This Act applies to any enforceable measurement, monitoring, or report- such problems; and Y2K action brought after January 1, 1999, for a ing requirements that constitutes or would cre- (4) to lessen the burdens on interstate com- Y2K failure occurring before January 1, 2003, or ate an imminent threat to public health, safety, merce by discouraging insubstantial lawsuits for a potential Y2K failure that could occur or or the environment; while preserving the ability of individuals and has allegedly caused harm or injury before Jan- (II) noncompliance with applicable Federally businesses that have suffered real injury to ob- uary 1, 2003, including any appeal, remand, enforceable measurement, monitoring, or report- tain complete relief. stay, or other judicial, administrative, or alter- ing requirements that provided for the safety SEC. 3. DEFINITIONS. native dispute resolution proceeding in such an and soundness of the banking or monetary sys- In this Act: action. tem, or for the integrity of the national securi- (1) Y2K ACTIONS.—The term ‘‘Y2K action’’— (b) NO NEW CAUSE OF ACTION CREATED.— ties markets, including the protection of deposi- (A) means a civil action commenced in any Nothing in this Act creates a new cause of ac- tors and investors; Federal or State court, or an agency board of tion, and, except as otherwise explicitly pro- (III) noncompliance with applicable Federally contract appeal proceeding, in which the plain- vided in this Act, nothing in this Act expands enforceable measurement, monitoring, or report- tiff’s alleged harm or injury arises from or is re- any liability otherwise imposed or limits any de- ing requirements to the extent caused by oper- lated to an actual or potential Y2K failure, or a fense otherwise available under Federal or State ational error or negligence; claim or defense arises from or is related to an law. (IV) lack of reasonable preventative mainte- nance; actual or potential Y2K failure; (c) CLAIMS FOR PERSONAL INJURY OR WRONG- (V) lack of preparedness for a Y2K failure; or (B) includes a civil action commenced in any FUL DEATH EXCLUDED.—This Act does not apply (VI) noncompliance with the underlying Fed- Federal or State court by a government entity to a claim for personal injury or for wrongful erally enforceable requirements to which the ap- when acting in a commercial or contracting ca- death. plicable Federally enforceable measurement, pacity; but (d) WARRANTY AND CONTRACT PRESERVA- monitoring, or reporting requirement relates. (C) does not include an action brought by a TION.— (3) CONDITIONS NECESSARY FOR A DEMONSTRA- government entity acting in a regulatory, super- (1) IN GENERAL.—Subject to paragraph (2), in TION OF A Y2K UPSET.—A defendant who wishes visory, or enforcement capacity. any Y2K action any written contractual term, to establish the affirmative defense of Y2K upset (2) Y2K FAILURE.—The term ‘‘Y2K failure’’ including a limitation or an exclusion of liabil- shall demonstrate, through properly signed, means failure by any device or system (includ- ity, or a disclaimer of warranty, shall be strictly contemporaneous operating logs, or other rel- ing any computer system and any microchip or enforced unless the enforcement of that term evant evidence that— integrated circuit embedded in another device or would manifestly and directly contravene appli- (A) the defendant previously made a reason- product), or any software, firmware, or other set cable State law embodied in any statute in effect able good faith effort to anticipate, prevent, and or collection of processing instructions to proc- on January 1, 1999, specifically addressing that effectively remediate a potential Y2K failure; ess, to calculate, to compare, to sequence, to dis- term. (B) a Y2K upset occurred as a result of a Y2K play, to store, to transmit, or to receive year- (2) INTERPRETATION OF CONTRACT.—In any failure or other emergency directly related to a 2000 date-related data, including failures— Y2K action in which a contract to which para- Y2K failure; (A) to deal with or account for transitions or graph (1) applies is silent as to a particular (C) noncompliance with the applicable Feder- comparisons from, into, and between the years issue, the interpretation of the contract as to ally enforceable measurement, monitoring, or re- 1999 and 2000 accurately; that issue shall be determined by applicable law porting requirement was unavoidable in the face (B) to recognize or accurately to process any in effect at the time the contract was executed. of an emergency directly related to a Y2K fail- specific date in 1999, 2000, or 2001; or (3) UNCONSCIONABILITY.—Nothing in para- ure and was necessary to prevent the disruption (C) accurately to account for the year 2000’s graph (1) shall prevent enforcement of State law of critical functions or services that could result status as a leap year, including recognition and doctrines of unconscionability, including adhe- in harm to life or property; processing of the correct date on February 29, sion, recognized as of January 1, 1999, in con- (D) upon identification of noncompliance the 2000. trolling judicial precedent by the courts of the defendant invoking the defense began immediate (3) GOVERNMENT ENTITY.—The term ‘‘govern- State whose law applies to the Y2K action. actions to correct any violation of Federally en- ment entity’’ means an agency, instrumentality, (e) PREEMPTION OF STATE LAW.—This Act su- forceable measurement, monitoring, or reporting or other entity of Federal, State, or local gov- persedes State law to the extent that it estab- requirements; and ernment (including multijurisdictional agencies, lishes a rule of law applicable to a Y2K action (E) the defendant submitted notice to the ap- instrumentalities, and entities). that is inconsistent with State law, but nothing propriate Federal regulatory authority of a Y2K (4) MATERIAL DEFECT.—The term ‘‘material in this Act implicates, alters, or diminishes the upset within 72 hours from the time that the de- deject’’ means a defect in any item, whether ability of a State to defend itself against any fendant became aware of the upset. tangible or intangible, or in the provision of a claim on the basis of sovereign immunity. (4) GRANT OF A Y2K UPSET DEFENSE.—Subject service, that substantially prevents the item or (f) APPLICATION WITH YEAR 2000 INFORMATION to the other provisions of this subsection, the service from operating or functioning as de- AND READINESS DISCLOSURE ACT.—Nothing in Y2K upset defense shall be a complete defense to signed or according to its specifications. The this Act supersedes any provision of the Year the imposition of a penalty in any action term ‘‘material defect’’ does not include a defect 2000 Information and Readiness Disclosure Act. brought as a result of noncompliance with Fed- that— (g) APPLICATION TO ACTIONS BROUGHT BY A erally enforceable measurement, monitoring, or (A) has an insignificant or de minimis effect GOVERNMENT ENTITY.— reporting requirements for any defendant who on the operation or functioning of an item or (1) IN GENERAL.—To the extent provided in establishes by a preponderance of the evidence computer program; this subsection, this Act shall apply to an action that the conditions set forth in paragraph (3) (B) affects only a component of an item or brought by a government entity described in sec- are met. program that, as a whole, substantially operates tion 3(1)(C). (5) LENGTH OF Y2K UPSET.—The maximum al- or functions as designed; or (2) DEFINITIONS.—In this subsection: lowable length of the Y2K upset shall be not (C) has an insignificant or de minimis effect (A) DEFENDANT.— more than 15 days beginning on the date of the on the efficacy of the service provided. (i) IN GENERAL.—The term ‘‘defendant’’ in- upset unless specific relief by the appropriate (5) Personal injury.—The ‘‘personal injury’’ cludes a State or local government. regulatory authority is granted. means physical injury to a natural person, (ii) STATE.—The term ‘‘State’’ means each of (6) FRAUDULENT INVOCATION OF Y2K UPSET DE- including— the several States of the United States, the Dis- FENSE.—Fraudulent use of the Y2K upset de- (A) death as a result of a physical injury; and trict of Columbia, the Commonwealth of Puerto fense provided for in this subjection shall be (B) mental suffering, emotional distress, or Rico, the Virgin Islands, Guam, American subject to the sanctions provided in section 1001 similar injuries suffered by that person in con- Samoa, and the Commonwealth of the Northern of title 18, United States Code. nection with a physical injury. Mariana Islands. (7) EXPIRATION OF DEFENSE.—The Y2K upset (6) STATE.—The term ‘‘State’’ means any State (iii) LOCAL GOVERNMENT.—The term ‘‘local defense may not be asserted for a Y2K upset oc- of the United States, the District of Columbia, government’’ means— curring after June 30, 2000. the Commonwealth of Puerto Rico, the Northern (I) any county, city, town, township, parish, (8) PRESERVATION OF AUTHORITY.—Nothing in Mariana Islands, the United States Virgin Is- village, or other general purpose political sub- this subsection shall affect the authority of a lands, Guam, American Samoa, and any other division of a State; and government entity to seek injunctive relief or re- territory or possession of the United States, and (II) any combination of political subdivisions quire a defendant to correct a violation of a any political subdivision thereof. described in subclause (I) recognized by the Sec- Federal enforceable measurement, monitoring, (7) CONTRACT.—The term ‘‘contract’’ means a retary of Housing and Urban Development. or reporting requirement. contract, tariff, license, or warranty. (B) Y2K UPSET.—The term ‘‘Y2K upset’’— (h) CONSUMER PROTECTION FROM Y2K FAIL- (8) ALTERNATIVE DISPUTE RESOLUTION.—The (i) means an exceptional temporary non- URES.— term ‘‘alternative dispute resolution’’ means any compliance with applicable Federally enforce- (1) IN GENERAL.—No person who transacts process or proceeding, other than adjudication able measurement, monitoring, or reporting re- business on matters directly or indirectly affect- by a court or in an administrative proceeding, to quirements directly related to a Y2K failure that ing residential mortgages shall cause or permit a

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00073 Fmt 7634 Sfmt 6333 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5068 CONGRESSIONAL RECORD — HOUSE June 29, 1999

foreclosure on any such mortgage against a con- (B) that is an unincorporated business, a (B) RECKLESSNESS.—For purposes of sub- sumer as a result of an actual Y2K failure that partnership, corporation, association, or organi- section (b)(1)(B) and paragraph (1) of this sub- results in an inability accurately or timely to zation, with fewer than 50 full-time employees. section, reckless conduct by the defendant does process any mortgage payment transaction. (3) NO CAP IF INJURY SPECIFICALLY IN- not constitute either a specific intent to injure, (2) NOTICE.—A consumer who is affected by TENDED.—Paragraph (1) does not apply if the or the knowing commission of fraud, by the de- an inability described in paragraph (1) shall no- plaintiff establishes by clear and convincing evi- fendant. tify the servicer for the mortgage, in writing and dence that the defendant acted with specific in- (3) RIGHT TO CONTRIBUTION NOT AFFECTED.— within 7 business days from the time that the tent to injure the plaintiff. Nothing in this section affects the right, under consumer becomes aware of the Y2K failure and (c) GOVERNMENT ENTITIES.—Punitive damages any other law, of a defendant to contribution the consumer’s inability accurately or timely to in a Y2K action may not be awarded against a with respect to another defendant found under fulfill his or her obligation to pay, of such fail- government entity. subsection (b)(1)(B), or determined under para- ure and inability and shall provide to the SEC. 6. PROPORTIONATE LIABILITY. graph (1)(B) of this subsection, to have acted servicer any available documentation with re- (a) IN GENERAL.—Except in a Y2K action that with specific intent to injure the plaintiff or to spect to the failure. is a contract action, and except as provided in have knowingly committed fraud. (3) ACTIONS MAY RESUME AFTER GRACE PE- subsections (b) through (g), a person against (d) SPECIAL RULES.— RIOD.—Notwithstanding paragraph (1), an ac- whom a final judgment is entered in a Y2K ac- (1) UNCOLLECTIBLE SHARE.— tion prohibited under paragraph (1) may be re- tion shall be liable solely for the portion of the (A) IN GENERAL.—Notwithstanding subsection sumed, if the consumer’s mortgage obligation judgment that corresponds to the relative and (a), if, upon motion made not later than 6 has not been paid and the servicer of the mort- proportionate responsibility of that person. In months after a final judgment is entered in any gage has not expressly and in writing granted determining the percentage of responsibility of Y2K action that is not a contract action, the the consumer an extension of time during which any defendant, the trier of fact shall determine court determines that all or part of the share of to pay the consumer’s mortgage obligation, buy that percentage as a percentage of the total the judgment against a defendant for compen- only after the later of— fault of all persons, including the plaintiff, who satory damages is not collectible against that (A) 4 weeks after January 1, 2000; or caused or contributed to the total loss incurred defendant, then each other defendant in the ac- (B) 4 weeks after notification is made as re- by the plaintiff. tion is liable for the uncollectible share as fol- quired under paragraph (2), except that any no- (b) PROPORTIONATE LIABILITY.— lows: (i) PERCENTAGE OF NET WORTH.—The other de- tification made on or after March 15, 2000, shall (1) DETERMINATION OF RESPONSIBILITY.—In not be effective for purposes of this subsection. any Y2K action that is not a contract action, fendants are jointly and severally liable for the (4) APPLICABILITY.—This subsection does not the court shall instruct the jury to answer spe- uncollectible share if the plaintiff establishes apply to transactions upon which a default has cial interrogatories, or, if there is no jury, the that— (I) the plaintiff is an individual whose recov- occurred before December 15, 1999, or with re- court shall make findings with respect to each erable damages under the final judgment are spect to which an imminent default was foresee- defendant, including defendants who have en- equal to more than 10 percent of the net worth able before December 15, 1999. tered into settlements with the plaintiff or plain- of the plaintiff; and (5) ENFORCEMENT OF OBLIGATIONS MERELY tiffs, concerning— (II) the net worth of the plaintiff is less than TOLLED.—This subsection delays but does not (A) the percentage of responsibility, if any, of $200,000. prevent the enforcement of financial obligations, each defendant, measured as a percentage of and does not otherwise affect or extinguish the (ii) OTHER PLAINTIFFS.—For a plaintiff not de- the total fault of all persons who caused or con- scribed in clause (i), each of the other defend- obligation to pay. tributed to the loss incurred by the plaintiff; (6) DEFINITION.—In this subsection— ants is liable for the uncollectible share in pro- and portion to the percentage of responsibility of (A) The term ‘‘consumer’’ means a natural (B) if alleged by the plaintiff, whether the de- person. that defendant. fendant (other than a defendant who has en- (iii) For a plaintiff not described in clause (i), (B) The term ‘‘residential mortgage’’ has the tered into a settlement agreement with the meaning given the term ‘‘federally related mort- in addition to the share indentified in clause plaintiff)— (ii), the defendant is liable for an additional gage loan’’ under section 3 of the Real Estate (i) acted with specific intent to injure the Settlement Procedures Act of 1974 (12 U.S.C. portion of the uncollecitble share in an amount plaintiff; or equal to 50 percent of the amount determined 2602). (ii) knowingly committed fraud. under clause (ii) if the plaintiff demonstrates by (C) The term ‘‘servicer’’ means the person, in- (2) CONTENTS OF SPECIAL INTERROGATORIES OR a preponderance of the evidence that the de- cluding any successor, responsible for receiving FINDINGS.—The responses to interrogatories or fendant acted with reckless disregard for the any scheduled periodic payments from a con- findings under paragraph (1) shall specify the likelihood that its acts would cause injury of sumer pursuant to the terms of a residential total amount of damages that the plaintiff is en- the sort suffered by the plaintiff. mortgage, including amounts for any escrow ac- titled to recover and the percentage of respon- count, and for making the payments of prin- (B) OVERALL LIMIT.—The total payments re- sibility of each defendant found to have caused quired under subparagraph (A) from all defend- cipal and interest and such other payments with or contributed to the loss incurred by the plain- respect to the amounts received from the bor- ants may not exceed the amount of the tiff. uncollectible share. rower as may be required pursuant to the terms (3) FACTORS FOR CONSIDERATION.—In deter- (C) SUBJECT TO CONTRIBUTION.—A defendant of the mortgage. Such term includes the person, mining the percentage of responsibility under against whom judgment is not collectible is sub- including any successor, who makes or holds a this subsection, the trier of fact shall consider— ject to contribution and to any continuing li- loan if such person also services the loan. (A) the nature of the conduct of each person ability to the plaintiff on the judgment. (i) APPLICABILITY TO SECURITIES LITIGA- found to have caused or contributed to the loss (D) SUITS BY CONSUMERS.— TION.—In any Y2K action in which the underly- incurred by the plaintiff; and (i) Notwithstanding subparagraph (A), the ing claim arises under the securities laws (as de- (B) the nature and extent of the causal rela- other defendants are jointly and severally liable fined in section 3(a) of the Securities Exchange tionship between the conduct of each such per- for the uncollectible share if— Act of 1934 (15 U.S.C. 78c(a)), the provisions of son and the damages incurred by the plaintiff. (I) the plaintiff is a consumer whose suit al- this Act, other than section 13(b) of this Act, (c) JOINT LIABILITY FOR SPECIFIC INTENT OR leges or arises out of a defect in a consumer shall not apply. FRAUD.— product; and SEC. 5. PUNITIVE DAMAGES LIMITATIONS. (1) IN GENERAL.—Notwithstanding subsection (II) the plaintiff is suing as an individual and (a) IN GENERAL.—In any Y2K action in which (a), the liability of a defendant in a Y2K action not a part of a class action. punitive damages are permitted by applicable that is not a contract action is joint and several (ii) In this subparagraph: law, the defendant shall not be liable for puni- if the trier of fact specifically determines that (I) The term ‘‘class action’’ means— tive damages unless the plaintiff proves by clear the defendant— (aa) a single lawsuit in which (1) damages are and convincing evidence that the applicable (A) acted with specific intent to injure the sought on behalf of more than 10 persons or pro- standard for awarding damages has been met. plaintiff; or spective class members; or (2) 1 or more named (b) CAPS ON PUNITIVE DAMAGES.— (B) knowingly committed fraud. parties seek to recover damages on a representa- (1) IN GENERAL.—Subject to the evidentiary (2) FRAUD; RECKLESSNESS.— tive basis on behalf of themselves and other standard established by subsection (a), punitive (A) KNOWING COMMISSION OF FRAUD DE- unnamed parties similarly situated; or damages permitted under applicable law against SCRIBED.—For purposes of subsection (bb) any group of lawsuits filed in or pending a defendant described in paragraph (2) in a Y2K (b)(1)(B)(ii) and paragraph (1)(B) of this sub- in the same court in which (1) damages are action may not exceed the lesser of— section, a defendant knowingly committed fraud sought on behalf of more than 10 persons; and (A) 3 times the amount awarded for compen- if the defendant— (2) the lawsuits are joined, consolidated, or oth- satory damages; or (i) made an untrue statement of a material erwise proceed as a single action for any pur- (B) $250,000. fact, with actual knowledge that the statement pose. (2) DEFENDANT DESCRIBED.—A defendant de- was false; (II) The term ‘‘consumer’’ means an individ- scribed in this paragraph is a defendant— (ii) omitted a fact necessary to make the state- ual who acquires a consumer product for pur- (A) who— ment not be misleading, with actual knowledge poses other than resale. (i) is sued in his or her capacity as an individ- that, as a result of the omission, the statement (III) The term ‘‘consumer product’’ means any ual; and was false; and personal property or service which is normally (ii) whose net worth does not exceed $500,000; (iii) knew that the plaintiff was reasonably used for personal, family, or household pur- or likely to rely on the false statement. poses.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00074 Fmt 7634 Sfmt 6333 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5069

(2) SPECIAL RIGHT OF CONTRIBUTION.—To the (1) the manifestations of any material defect change the length of the 60-day remediation pe- extent that a defendant is required to make an alleged to have caused harm or loss; riod by written agreement. additional payment under paragraph (1), that (2) the harm or loss allegedly suffered by the (3) MULTIPLE EXTENSIONS NOT ALLOWED.—Ex- defendant may recover contribution— prospective plaintiff; cept as provided in paragraph (2), a defendant (A) from the defendant originally liable to (3) how the prospective plaintiff would like in a Y2K action is entitled to no more than one make the payment; the prospective defendant to remedy the prob- 30-day period and one 60-day remediation pe- (B) from any other defendant that is jointly lem; riod under paragraph (1). and severally liable; (4) the basis upon which the prospective (4) STATUTES OF LIMITATION, ETC., TOLLED.— (C) from any other defendant held proportion- plaintiff seeks that remedy; and Any applicable statute of limitations or doctrine ately liable who is liable to make the same pay- (5) the name, title, address, and telephone of laches in a Y2K action of which paragraph ment and has paid less than that other defend- number of any individual who has authority to (1) applies shall be tolled during the notice and ant’s proportionate share of that payment; or negotiate a resolution of the dispute on behalf remediation period under that paragraph. (D) from any other person responsible for the of the prospective plaintiff. (f) FAILURE TO PROVIDE NOTICE.—If a defend- conduct giving rise to the payment that would (b) PERSON TO WHOM NOTICE TO BE SENT.— ant determines that a plaintiff has filed a Y2K have been liable to make the same payment. The notice required by subsection (a) shall be action without providing the notice specified in (3) NONDISCLOSURE TO JURY.—The standard sent— subsection (a) or without awaiting the expira- for allocation of damages under subsection (a) (1) to the registered agent of the prospective tion of the appropriate waiting period specified and subsection (b)(1), and the procedure for re- defendant for service of legal process; in subsection (c), the defendant may treat the allocation of uncollectible shares under para- (2) if the prospective defendant does not have plaintiff’s complaint as such a notice by so in- graph (1) of this subsection, shall not be dis- a registered agent, then to the chief executive forming the court and the plaintiff in its initial closed to members of the jury. officer if the prospective defendant is a corpora- response to the plaintiff. If any defendant elects (e) SETTLEMENT DISCHARGE.— tion, to the managing partner if the prospective to treat the complaint as such a notice— (1) IN GENERAL.—A defendant who settles a defendant is a partnership, to the proprietor if (1) the court shall stay all discovery and all Y2K action that is not a contract action at any the prospective defendant is a sole proprietor- other proceedings in the action for the appro- time before final verdict or judgment shall be ship, or to a similarly-situated person if the pro- priate period after filing of the complaint; and discharged from all claims for contribution spective defendant is any other enterprise; or (2) the time for filing answers and all other brought by other persons. Upon entry of the set- (3) if the prospective defendant has designated pleadings shall be tolled during the appropriate tlement by the court, the court shall enter an a person to receive prelitigation notices on a period. order constituting the final discharge of all obli- Year 2000 Internet Website (as defined in section (g) EFFECT OF CONTRACTUAL OR STATUTORY gations to the plaintiff of the settling defendant 3(7) of the Year 2000 Information and Readiness WAITING PERIODS.—In cases in which a con- arising out of the action. The order shall bar all Disclosure Act), to the designated person, if the tract, or a statute enacted before January 1, future claims for contribution arising out of the prospective plaintiff has reasonable access to 1999, requires notice of non-performance and action— the Internet. provides for a period of delay prior to the initi- (A) by any person against the settling defend- (c) RESPONSE TO NOTICE.— ation of suit for breach or repudiation of con- ant; and (1) IN GENERAL.—Within 30 days after receipt tract, the period of delay provided by contract (B) by the settling defendant against any per- of the notice specified in subsection (a), each or the statute is controlling over the waiting pe- son other than a person whose liability has been prospective defendant shall send by certified riod specified in subsections (c) and (d). extinguished by the settlement of the settling de- mail with return receipt requested to each pro- (h) STATE LAW CONTROLS ALTERNATIVE fendant. spective plaintiff a written statement acknowl- METHODS.—Nothing in this section supersedes (2) REDUCTION.—If a defendant enters into a edging receipt of the notice, and describing the or otherwise preempts any State law or rule of settlement with the plaintiff before the final ver- actions it has taken or will take to address the civil procedure with respect to the use of alter- dict or judgment, the verdict or judgment shall problem identified by the prospective plaintiff. native dispute resolution for Y2K actions. be reduced by the greater of— (2) WILLINGNESS TO ENGAGE IN ADR.—The (i) PROVISIONAL REMEDIES UNAFFECTED.— (A) an amount that corresponds to the per- written statement shall state whether the pro- Nothing in this section interferes with the right centage of responsibility of that defendant; or spective defendant is willing to engage in alter- of a litigant to provisional remedies otherwise (B) the amount paid to the plaintiff by that native dispute resolution. available under Rule 65 of the Federal Rules of defendant. (3) INADMISSIBILITY.—A written statement re- Civil Procedure or any State rule of civil proce- (f) GENERAL RIGHT OF CONTRIBUTION.— quired by this subsection is not admissible in dure providing extraordinary or provisional (1) IN GENERAL.—A defendant who is jointly evidence, under Rule 408 of the Federal Rules of remedies in any civil action in which the under- and severally liable for damages in any Y2K ac- Evidence or any analogous rule of evidence in lying complaint seeks both injunctive and mone- tion that is not a contract action may recover any State, in any proceeding to prove liability tary relief. contribution from any other person who, if for, or the invalidity of, a claim or its amount, (j) SPECIAL RULE FOR CLASS ACTIONS.—For joined in the original action, would have been or otherwise as evidence of conduct or state- the purpose of applying this section to a Y2K liable for the same damages. A claim for con- ments made in compromise negotiations. action that is maintained as a class action in tribution shall be determined based on the per- (4) PRESUMPTIVE TIME OF RECEIPT.—For pur- Federal or State court, the requirements of the centage of responsibility of the claimant and of poses of paragraph (1), a notice under sub- preceding subsections of this section apply only each person against whom a claim for contribu- section (a) is presumed to be received 7 days to named plaintiffs in the class action. tion is made. after it was sent. SEC 8. PLEADING REQUIREMENTS. (2) STATUTE OF LIMITATIONS FOR CONTRIBU- (5) PRIORITY.—A prospective defendant receiv- (a) APPLICATION WITH RULES OF CIVIL PROCE- TION.—An action for contribution in connection ing more than 1 notice under this section may DURE.—This section applies exclusively to Y2K with a Y2K action that is not a contract action give priority to notices with respect to a product actions and, except to the extent that this sec- shall be brought not later than 6 months after or service that involves a health or safety relat- tion requires additional information to be con- the entry of a final, nonappealable judgment in ed Y2K failure. tained in or attached to pleadings, nothing in the Y2K action, except that an action for con- (d) FAILURE TO RESPOND.—If a prospective this section is intended to amend or otherwise tribution brought by a defendant who was re- defendant— supersede applicable rules of Federal or State quired to make an additional payment under (1) fails to respond to a notice provided pursu- civil procedures. subsection (d)(1) may be brought not later than ant to subsection (a) within the 30 days speci- (B) NATURE AND AMOUNT OF DAMAGES.—In 6 months after the date on which such payment fied in subsection (c)(1), or all Y2K actions in which damages are requested, was made. (2) does not describe the action, if any, the there shall be filed with the complaint a state- (g) MORE PROTECTIVE STATE LAW NOT PRE- prospective defendant has taken, or will take, to ment of specific information as to the nature EMPTED.—Nothing in this section preempts or address the problem identified by the prospective and amount of each element of damages and the supersedes any provision of State law that— plaintiff, factual basis for the damages calculation. (1) limits the liability of a defendant in a Y2K the prospective plaintiff may immediately com- (Co MATERIAL DEFECTS.—In any Y2K action action to a lesser amount than the amount de- mence a legal action against that prospective in which the plaintiff alleges that there is a ma- termined under this section; or defendant. terial defect in a product or service, there shall (2) otherwise affords a greater degree of pro- (e) REMEDIATION PERIOD.— be filed with the complaint a statement of spe- tection from joint or several liability than is af- (1) IN GENERAL.—If the prospective defendant cific information regarding the manifestations of forded by this section. responds and proposes remedial action it will the material defects and the facts supporting a SEC. 7. PRELITIGATION NOTICE. take, or offers to engage in alternative dispute conclusion that the defects are material. (a) IN GENERAL.—Before commencing a Y2K resolution, then the prospective plaintiff shall (d) REQUIRED STATE OF MIND.—In any Y2K action, except an action that seeks only injunc- allow the prospective defendant an additional action in which a claim is asserted on which the tive relief, a prospective plaintiff in a Y2K ac- 60 days from the end of the 30-day notice period plaintiff may prevail only on proof that the de- tion shall send a written notice by certified mail to complete the proposed remedial action or al- fendant acted with a particular state of mind, (with either return receipt requested or other ternative dispute resolution before commencing there shall be filed with the complaint, with re- means of verification that the notice was sent) a legal action against that prospective defend- spect to each element of that claim, a statement to each prospective defendant in that action. ant. of the facts giving rise to a strong inference that The notice shall provide specific and detailed in- (2) EXTENSION BY AGREEMENT.—The prospec- the defendant acted with the required state of formation about— tive plaintiff and prospective defendant may mind.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00075 Fmt 7634 Sfmt 6333 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5070 CONGRESSIONAL RECORD — HOUSE June 29, 1999 SEC. 9. DUTY TO MITIGATE. whole or in part, is the result of a Y2K failure tion in Federal or State court as to that claim (A) IN GENERAL.—Damages awarded in any may, notwithstanding any other provision of only if— Y2K action shall exclude compensation for dam- this Act, pursue any remedy otherwise available (1) it satisfies all other prerequisites estab- ages the plaintiff could reasonably have avoided under Federal or State law against the person lished by applicable Federal or State law, in- in light of any disclosure or other information of responsible for that Y2K failure to the extent of cluding applicable rules of civil procedure; and which the plaintiff was, or reasonably should recovering the amount of those damages. (2) the court finds that the defect in a product have been, aware, including information made SEC. 13. STATE OF MIND; BYSTANDER LIABILITY; or service as alleged would be a material defect available by the defendant to purchasers or CONTROL. for the majority of the members of the class. users of the defendant’s product or services con- (a) DEFENDANT’S STATE OF MIND.—In a Y2K (b) NOTIFICATION.—In any Y2K action that is cerning means of remedying or avoiding the action other than a claim for breach or repudi- maintained as a class action, the court, in addi- Y2K failure involved in the action. ation of contract, and in which the defendant’s tion to any other notice required by applicable (b) PRESERVATION OF EXISTING LAW.—The actual or constructive awareness of an actual or Federal or State law, shall direct notice of the duty imposed by this section is in addition to potential Y2K failure is an element of the claim, action to each member of the class, which shall any duty to mitigate imposed by State law. the defendant is not liable unless the plaintiff include— (c) EXCEPTION FOR INTENTIONAL FRAUD.— establishes that element of the claim by the (1) a concise and clear description of the na- Subsection (a) does not apply to damages suf- standard of evidence under applicable State law ture of the action; fered by reason of the plaintiff’s justifiable reli- in effect on the day before January 1, 1999. (2) the jurisdiction where the case is pending; ance upon an affirmative material misrepresen- (b) LIMITATION ON BYSTANDER LIABILITY FOR and tation by the defendant, made by the defendant Y2K FAILURES.— (3) the fee arrangements with class counsel, with actual knowledge of its falsity, concerning (1) IN GENERAL.—With respect to any Y2K ac- including the hourly fee being charged, or, if it the potential for Y2K failure of the device or tion for money damages in which— is a contingency fee, the percentage of the final system used or sold by the defendant that expe- (A) the defendant is not the manufacturer, award which will be paid, including an estimate rienced the Y2K failure alleged to have caused seller, or distributor of a product, or the pro- of the total amount that would be paid if the re- the plaintiff’s harm. vider of a service, that suffers or causes the Y2K quested damages were to be granted. (c) FORUM FOR Y2K CLASS ACTIONS.— SEC. 10. APPLICATION OF EXISTING IMPOSSIBIL- failure at issue, ITY OR COMMERCIAL IMPRAC- (B) the plaintiff is not in substantial privity (1) Jurisdiction.—Except as provided in para- TICABILITY DOCTRINES. with the defendant, and graph (2), the district courts of the United In any Y2K action for breach of repudiation (C) the defendant’s actual or constructive States shall have original jurisdiction of any of contract, the applicability of the doctrines of awareness of an actual or potential Y2K failure Y2K action that is brought as a class action. impossibility and commercial impracticability is an element of the claim under applicable law, (2) EXCEPTIONS.—The district courts of the shall be determined by the law in existence on United States shall not have original jurisdic- the defendant shall not be liable unless the tion over a Y2K action brought as a class action January 1, 1999. Nothing in this Act shall be plaintiff, in addition to establishing all other construed as limiting or impairing a party’s if— requisite elements of the claim, proves, by the (A)(i) a substantial majority of the members of right to assert defenses based upon such doc- standard of evidence under applicable State law trines. the proposed plaintiff class are citizens of a sin- in effect on the day before January 1, 1999, that gle State; SEC. 11. DAMAGES LIMITATION BY CONTRACT. the defendant actually knew, or recklessly dis- (ii) the primary defendants are citizens of that In any Y2K action for breach or repudiation regarded a known and substantial risk, that State; and of contract, no party may claim, or be awarded, such failure would occur. (iii) the claims asserted will be governed pri- any category of damages unless such damages (2) SUBSTANTIAL PRIVITY.—For purposes of marily by the laws of that State; are allowed— paragraph (1)(B), a plaintiff and a defendant (B) the primary defendants are States, State (1) by the express terms of the contract; or are in substantial privity when, in a Y2K action officials, or other governmental entities against (2) if the contract is silent on such damages, arising out of the performance of professional whom the district courts of the United States by operation of State law at the time the con- services, the plaintiff and the defendant either may be foreclosed from ordering relief; tract was effective or by operation of Federal have contractual relations with one another or (C) the plaintiff class does not seek an award law. the plaintiff is a person who, prior to the de- of punitive damages, and the amount in con- SEC. 12. DAMAGES IN TORT CLAIMS. fendant’s performance of such services, was spe- troversy is less than the sum of $10,000,000 (ex- (a) IN GENERAL.—A party to a Y2K action cifically identified to and acknowledged by the clusive of interest and costs), computed on the making a tort claim, other than a claim of inten- defendant as a person for whose special benefit basis of all claims to be determined in the ac- tional tort arising independent of a contract, the services were being performed. tion; or may not recover damages for economic loss (3) CERTAIN CLAIMS EXCLUDED.—For purposes (D) there are less than 100 members of the pro- unless— of paragraph (1)(C), claims in which the defend- posed plaintiff class. (1) the recovery of such losses is provided for ant’s actual or constructive awareness of an ac- A party urging that any exception described in in a contract to which the party seeking to re- tual or potential Y2K failure is an element of subparagraph (A), (B), (C), or (D) applies to an cover such losses is a party, or the claim under applicable law do not include action shall bear the full burden of demonstrat- (2) such losses result directly from damage to claims for negligence but do include claims such ing the applicability of the exception. as fraud, constructive fraud, breach of fiduciary tangible personal or real property caused by the (3) PROCEDURE IF REQUIREMENTS NOT MET.— Y2K failure involved in the action (other than duty, negligent misrepresentation, and inter- (A) DISMISSAL OR REMAND.—A United States damage to property that is the subject of the ference with contract or economic advantage. district court shall dismiss, of, if after removal, contract between the parties to the Y2K action (c) CONTROL NOT DETERMINATIVE OF LIABIL- strike the class allegations and remand, any or, in the event there is no contract between the ITY.—The fact that a Y2K failure occurred in an Y2K action brought or removed under this sub- parties, other than damage caused only to the entity, facility, system, product, or component section as a class action if— property that experienced the Y2K failure), that was sold, leased, rented, or otherwise with- (i) the action is subject to the jurisdiction of and such damages are permitted under applica- in the control of the party against whom a claim the court solely under this subsection; and ble Federal or State law. is asserted in aY2K action shall not constitute (ii) the court determines the action may not (b) ECONOMIC LOSS.—For purposes of this sec- the sole basis for recovery of damages in that proceed as a class action based on a failure to tion only, and except as otherwise specifically action. A claim in a Y2K action for breach or re- satisfy the conditions of Rule 23 of the Federal provided in a valid and enforceable written con- pudiation of contract for such a failure is gov- Rules of Civil Procedure. tract between the plaintiff and the defendant in erned by the terms of the contract. (B) AMENDMENT; REMOVAL.—Nothing in para- a Y2K action, the term ‘‘economic loss’’ means (d) PROTECTIONS OF THE YEAR 2000 INFORMA- graph (A) shall prohibit plaintiffs from filing an amounts awarded to compensate an injured TION AND READINESS DISCLOSURE ACT APPLY.— amended class action in Federal or State court. party for any loss, and includes amounts The protections for the exchanges of informa- A defendant shall have the right to remove such awarded for damages such as— tion provided by section 4 of the Year 2000 In- an amended class action to a United States dis- (1) lost profits or sales; formation and Readiness Disclosure Act (Public trict court under this subsection. (2) business interruption; Law 105–271) shall apply to any Y2K action. (C) PERIOD OF LIMITATIONS TOLLED.—Upon (3) losses indirectly suffered as a result of the SEC. 14. APPOINTMENT OF SPECIAL MASTERS OR dismissal or remand, the period of limitations for defendant’s wrongful act or omission; MAGISTRATE JUDGES FOR Y2K AC- any claim that was asserted in an action on be- (4) losses that arise because of the claims of TIONS. half of any named or unnamed member of any third parties; Any district court of the United States in proposed class shall be deemed tolled to the full (5) losses that must be pled as special dam- which a Y2K action is pending may appoint a extent provided under Federal law. ages; and special master or a magistrate judge to hear the (D) DISMISSAL WITHOUT PREJUDICE.—The dis- (6) consequential damages (as defined in the matter and to make findings of fact and conclu- missal of a Y2K action under subparagraph (A) Uniform Commercial Code or analogous State sions of law in accordance with Rule 53 of the shall be without prejudice. commercial law). Federal Rules of Civil Procedure. (d) EFFECT ON RULES OF CIVIL PROCEDURE.— (c) CERTAIN OTHER ACTIONS.—A person liable SEC. 15. Y2K ACTIONS AS CLASS ACTIONS. Except as otherwise provided in this section, for damages, whether by settlement or judgment, (a) MATERIAL DEFECT REQUIREMENT.—A Y2K nothing in this section supersedes any rule of in a civil action to which this Act does not action involving a claim that a product or serv- Federal or State civil procedure applicable to apply because of section 4(c) whose liability, in ice is defective may be maintained as a class ac- class actions.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00076 Fmt 7634 Sfmt 6333 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5071 SEC. 16. APPLICABILITY OF STATE LAW. nent threat to public health, safety, or the envi- Hollings, to ensure that a homeowner cannot Nothing in this Act shall be construed to af- ronment; or be foreclosed upon due to a Y2K failure. The fect the applicability of any State law that pro- (2) the small business concern fails to correct conferees agree that the actual language vides stricter limits on damages and liabilities, the violation not later than 1 month after initial adopted was broader than the intent stated affording greater protection to defendants in notification to the agency. by Senator Hollings, and after consultation Y2K actions, than are provided in this Act. (f) EXPIRATION.—This section shall not apply with the Federal Deposit Insurance Corpora- SEC. 17. ADMISSIBLE EVIDENCE ULTIMATE ISSUE to first-time violations caused by a Y2K failure tion, and the House Committee on Banking IN STATE COURTS. occurring after December 31, 2000. and Financial Services and the Senate Com- Any party to a Y2K action in a State court in And the Senate agree to the same. mittee on Banking, Housing, and Urban Af- a State that has not adopted a rule of evidence From the Committee on the Judiciary: fairs, the conferees have agreed to modify substantially similar to Rule 704 of the Federal HENRY HYDE, section 4(h) of the Senate amendment. It is Rules of Evidence may introduce in such action F. JAMES SENSENBRENNER, the conferees’ intent that the section, as evidence that would be admissible if Rule 704 Jr., modified, will provide the protections pro- applied in that jurisdiction. BOB GOODLATTE, posed by Senator Hollings without affecting SEC. 18. SUSPENSION OF PENALTIES FOR CER- From the Committee on Commerce, for con- all financial transactions, including those TAIN YEAR 2000 FAILURES BY SMALL sideration of section 18 of the Senate amend- which do not involve either a consumer/ BUSINESS CONCERNS. ment: homeowner or an actual Y2K failure. (a) DEFINITIONS.—In this section— TOM BLILEY, The modified language limits the applica- (1) the term ‘‘agency’’ means any executive MICHAEL G. OXLEY, bility of the protections to residential mort- agency, as defined in section 105 of title 5, Managers on the Part of the House. gages. It requires the consumer to provide United States Code, that has the authority to From the Committee on Commerce, Science, notice of the Y2K failure and of the consum- impose civil penalties on small business con- and Transportation: er’s inability to timely fulfill his or her obli- cerns; gation to pay. The modified language also JOHN MCCAIN, (2) the term ‘‘first-time violation’’ means a limits the applicability of this subsection to TED STEVENS, violation by a small business concern of a feder- transactions occurring between December 16, CONRAD BURNS, ally enforceable rule or regulation (other than a 1999, and March 15, 2000. SLADE GORTON, Federal rule or regulation that relates to the RON WYDEN, OTHER MATTERS safety and soundness of the banking or mone- From the Committee on the Judiciary: The conferees agree that while other dif- tary system or for the integrity of the National ORRIN HATCH, ferences exist between the House bill and the Securities markets, including protection of de- STROM THURMOND, Senate amendment, many of these dif- positors and investors) caused by a Y2K failure From the Special Committee on the Year ferences do not reflect a difference in intent. if that Federal rule or regulation has not been 2000 Technology Problem: For example, the House bill contained a defi- violated by that small business concern within ROBERT F. BENNETT, nition of ‘‘damages’’ while the Senate the preceding 3 years; and HRISTOPHER ODD amendment does not. The conference sub- (3) the term ‘‘small business concern’’ has the C D , stitute does not include a definition of ‘‘dam- same meaning as a defendant described in sec- Managers on the Part of the Senate. ages’’ because the conferees agree that the tion 5(b)(2)(B). JOINT EXPLANATORY STATEMENT OF House definition is self-evident in actual (b) ESTABLISHMENT OF LIAISONS.—Not later than 30 days after the date of enactment of this THE COMMITTEE OF CONFERENCE practice and under State law, so that the Act, each agency shall— The managers on the part of the House and definition is unnecessary. (1) establish a point of contact with the agen- Senate at the conference on the disagreeing APPLICATION OF ACT cy to act as a liaison between the agency and vote of the two Houses on the amendment of The conferees agreed to add language to small business concerns with respect to problems the Senate to the bill (H.R. 775), to establish section 4, relating to the scope of application arising out of Y2K failures and compliance with certain procedures for civil actions brought of the Act, to make it clear that in any Y2K Federal rules or regulations; and for damages relating to the failure of any de- action that arises under the securities laws, (2) publish the name and phone number of the vice or system to process or otherwise deal the provisions of the Act (other than section point of contact for the agency in the Federal with the transition from the year 1999 to the 13(b)) do not apply. Register. year 2000, and for other purposes, submit the Y2K UPSET PROTECTIONS following joint statement to the House and (c) GENERAL RULE.—Subject to subsections (d) The conference substitute includes the Senate in explanation of the effects of the and (e), no agency shall impose any civil money Inhofe amendment with modifications. The action agreed upon by the managers and rec- penalty on a small business concern for a first- purpose of the Inhofe amendment is to waive ommended in the accompanying report. time violation. penalties for limited, exceptional and tem- (d) STANDARDS FOR WAIVER.—An agency shall The House recedes from its disagreement porary noncompliance with federally en- provide a waiver of civil money penalties for a to the amendment of the Senate with an forceable measurement, monitoring, or re- first-time violation, provided that a small busi- amendment that is a substitute for the porting requirements, for which there was ness concern demonstrates, and the agency de- House bill and the Senate amendment. The otherwise no violation of the underlying sub- termines, that— differences between the House bill, the Sen- stantive federally enforceable regulation. (1) the small business concern previously made ate amendment, and the substitute agreed to For example, in the environmental arena, a reasonable good faith effort to anticipate, pre- in conference are noted below, except for because of a Y2K failure, a facility’s mon- vent, and effectively remediate a potential Y2K clerical corrections, conforming changes itoring or reporting equipment fails to oper- failure; made necessary by agreements reached by ate properly; the facility continues to func- (2) a first-time violation occurred as a result the conferees, and minor drafting and cleri- tion normally and all applicable pollution of the Y2K failure of the small business concern cal changes. standards or limits are otherwise met. In or other entity, which significantly affected the DEFINITION OF Y2K ACTION that situation, the facility would get the small business concern’s ability to comply with The House and Senate versions had dif- benefit of the waiver provided it met the a Federal rule or regulation; ferent definitions of Y2K action. The con- conditions set forth under this section. How- (3) the first-time violation was unavoidable in ferees agreed to a definition that makes the the face of a Y2K failure or occurred as a result ever, if, aside from the monitoring or report- intended scope of the Act clear. The modified ing requirements, the facility has violated of efforts to prevent the disruption of critical definition includes actions that involve both functions or services that could result in harm the underlying federally enforceable require- actual and potential failures that could ment to which the monitoring or reporting to life or property; occur or cause harm before January 1, 2003. (4) upon identification of a first-time viola- requirement related, or if there was actual The conferees want to ensure that the Act tion, the small business concern initiated rea- or imminent harm to the public health, safe- applies to those cases involving questions sonable and prompt measures to correct the vio- ty, or the environment, the facility would such as the determination of liability to lation; and not get the benefit of the defense. shareholders or responsibility for the costs (5) the small business concern submitted no- The phrase ‘‘measurement, monitoring, or of remediation even when there is no actual tice to the appropriate agency of the first-time reporting’’ broadly covers a range of federal Y2K failure. Additionally, the conferees note violation within a reasonable time not to exceed requirements, but not every term need apply that there have already been many cases 5 business days from the time that the small to every federal program. For example, the filed involving Y2K issues in which there has business concern became aware that the first- term ‘‘measurement’’ is not intended to been no actual failure but only potential, time violation had occurred. apply to federal environmental statutes. prospective, or anticipated failures. The con- (e) EXCEPTIONS.—An agency may impose civil PROPORTIONATE LIABILITY ferees intend to include these types of cases money penalties authorized under Federal law Prior to the conference, the House version within the scope of the Act. on a small business concern for a first-time vio- of the Proportionate Liability section pro- lation if— FINANCIAL INSTITUTIONS vided that a defendant would only be respon- (1) the small business concern’s failure to com- The Senate amendment to H.R. 775 con- sible for that portion of a Y2K claim that ply with Federal rules or regulations resulted in tained an amendment by Senator Inhofe, in- corresponds to the defendant’s percentage of actual harm, or constitutes or creates an immi- corporating language proposed by Senator responsibility for the harm experienced by

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00077 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5072 CONGRESSIONAL RECORD — HOUSE June 29, 1999 the plaintiff. This provision would supersede other person who would have been liable for could have been prevented’’ arises without existing laws imposing joint and several li- the plaintiff’s damages. The determination reference to any action by the seller/defend- ability on defendants. The Senate amend- of a claim for contribution must be based on ant. Section 9, as amended by the conferees, ment was substantially similar in the scope the percentage of responsibility of the de- recognizes the unprecedented risk attaching of the general rule but added several excep- fendant ‘‘against whom a claim for contribu- to Y2K and accordingly adds to these estab- tions to it. The conference substitute incor- tion is made.’’ lished Uniform Commercial Code principles porates a number of modifications, as fol- The conference agreement makes clear in one significant way. The section extends lows: that State laws are not preempted. This sec- the concept of mitigation to events occur- Under the original Senate formulation, in tion does not preempt State statutes that ring prior to the actual tort or contractual most circumstances, a defendant would only limit a defendant’s liability to a lesser breach. be proportionately liable for the damages for amount than that determined under this sec- ECONOMIC LOSS which the defendant was responsible. The tion or otherwise provide greater protection Both the House and Senate bills included proportion of responsibility would be based to a defendant from joint and several liabil- language to codify the economic loss rule. as a ‘‘percentage of the total fault of all per- ity. That rule states that a party who has suf- sons, including the plaintiff, who caused or The general intent behind this section is to fered only economic damages must generally contributed to the total loss incurred by the impose proportional liability upon a defend- plaintiff.’’ If alleged by the plaintiff, the sue to recover those damages under contract, ant rather than joint and several liability. not tort, law. The House version, however ex- fact-finder would also have to make a deter- The conferees are of the view, except for lim- mination of whether the defendant ‘‘acted cepted all intentional torts from the scope of ited exceptions, that it is inherently unfair the rule while the Senate version did not ex- with specific intent to injure the plaintiff’’ to hold a defendant that has limited cul- or knowingly committed fraud. If the fact- pressly address intentional torts. The Senate pability liable for the entire amount of the and House agree to an amendment that clari- finder answers either of those two questions judgment obtained by the plaintiff. This sec- in the affirmative, then that individual de- fies this exception to the economic loss rule. tion does not allow defendants to transfer Under the conference substitute, the eco- fendant will remain jointly and severally lia- the amount of their responsibility to other ble for the plaintiff’s damages. Subsection nomic loss rule applies to all torts except in- parties. Rather, this section recognizes and tentional torts arising independent of a con- (c)(2)(A) defines the circumstance under holds defendants liable for the actual which a defendant commits knowing fraud tract. This codifies the rapidly emerging amount of harm they actually caused, and trend in State law to apply the economic for purposes of this section. Subsection for orphan shares of individual consumers. (c)(2)(B) makes clear that simply reckless loss rule to bar intentional tort claims, such The original exceptions contained in the as fraud claims, where such claims are in- conduct by the defendant is not enough to Senate amendment as well as the subsequent trigger the knowing fraud definition of this trinsic to, or indistinguishable from, an un- Senate amendment agreed to by the House derlying contractual dispute between the section. conferees, provides a limited escape route for The other two exceptions to proportional parties. Simply put, breach of contract, in- plaintiffs that could be grossly disadvan- liability contained within the original Sen- tentional or otherwise, does not generally taged by a pure formulation of proportional ate amendment deal with what happens give rise to a tort claim; it is simply breach liability. These exceptions only apply in the when there is an uncollectible share of liabil- of contract. If, however, there is an inten- context of when the defendant engaged in es- ity. The original formulation of the tional tort that is extraneous to the underly- pecially egregious conduct or when the dam- uncollectible share exception provided that a ing contract claim, this section will not ages awarded to the plaintiff may not be en- defendant would be liable for an limit a party’s ability to recover economic tirely recoverable due to a defendant’s insol- uncollectible share in proportion to that de- losses under applicable law. vency or other problem in paying. fendant’s total responsibility but the defend- WARRANTY AND CONTRACT PRESERVATION DUTY TO MITIGATE ant’s total liability for the uncollectible The intent of section 4(d) of the conference share could not exceed 50 percent of that de- Prior to the conference, the House version substitute is to enhance business certaintly fendant’s proportionate share. The second of the Duty to Mitigate section stated the and discourage frivolous lawsuits that at- exception deals with when there is an duty of plaintiffs to avoid damages which tempt to undermine established contractual uncollectible share and ‘‘the plaintiff is an ‘‘could reasonably have been avoided in light relationships. This section makes clear that individual whose recoverable damages under of any disclosure or other information’’ in- contract terms and provisions shall be fully the final judgment are equal to more than 10 cluding information made available by the enforced so contracting entities have the percent of the net worth of the plaintiff’’ and defendant. The Senate Amendment was sub- benefit of their bargains. The mere fact that the plaintiff’s overall net worth is less than stantially identical except for its reference a Y2K-related problem arises should not $200,000. In the second case, all other defend- to ‘‘Y2K action’’ rather than the House ver- cause courts to disregard or diminish en- ants remain entirely jointly and severally sion’s ‘‘Y2K claim.’’ The House conferees forceable contract terms unless those terms liable for the uncollectible share. agreed to recede to the Senate formulation. are directly contrary to a specific statute. The additional amendment proposed by the The Senate proposed an additional amend- Thus, exclusions of liability, disclaimers of Senate and agreed to by the House conferees ment that was agreed to by the House. warranty and similar limitations will be rec- modifies the general rule for uncollectible The additional amendment kept the Sen- ognized and enforced as written. The con- shares. Under this amendment, a defendant ate formulation substantially intact but ferees, however, agreed to an amendment would be liable for an additional 100 percent added 2 new subsections. Subsection (b) in- that clarifies that this section does not of its proportionate share as applied to the cludes the plaintiffs duty to mitigate but make enforceable contract terms that are uncollectible share, rather than being liable makes clear that the Federal mitigation re- otherwise unenforceable under State law for only up to 50 percent of the defendant’s quirement is in addition to any State miti- doctrines of unconscionability, including ad- proportionate share. In addition, the amend- gation requirement. Subsection (c) provides hesion, recognized as of January 1, 1999 under ment holds a defendant liable for an addi- an exception to the plaintiff’s affirmative controlling judicial precedent. tional 50 percent of that defendant’s propor- duty to mitigate where the plaintiff has re- APPLICATION OF IRDA tionate share of the uncollectible amounts if lied on the defendant’s fraudulent represen- that defendant acted with reckless disregard tations regarding the Y2K readiness of the The conferees agreed to an amendment to for the likelihood that the defendant’s acts product that is the basis of the plaintiff’s section 13 of the Senate amendment to make would cause the harm or loss suffered by the suit. it clear that the protection for exchanges of plaintiff. The amendment also permits cer- This provision is intended to further this information provided by the Year 2000 Infor- tain plaintiffs who are individual consumers legislation’s fundamental goal of Y2K reme- mation and Readiness Disclosure Act apply and who bring individual suits, rather than diation. This section affirms State law that to Y2K actions under the Act. class actions, to hold other defendants liable requires plaintiffs to take reasonable steps TECHNICAL CHANGE TO SECTION 16 (THE ALLARD for uncollectible shares consistent with state to limit their damages. The amendments AMENDMENT) law. agreed to by the conferees provide that in The conference substitute contains a tech- The original Senate amendment also con- limited circumstances where the defendants nical change to section 16 which will prevent tains provisions dealing with settlement dis- are engaged in egregious conduct, a plaintiff any potential misinterpretation of this sec- charge and a defendant’s right to contribu- will be relieved of this affirmative duty. tion. The intent of section 16, which is the tion from fellow defendants. Subsection (e) Section 9 affirms, at the Federal level, the text of an amendment offered to S. 96 by indicates that a defendant may settle a Y2K Uniform Commercial Code provisions ad- Senator Allard, is to clarify that nothing in action at any time before a final verdict or dressing the responsibility of plaintiffs to this Act will preempt or prevent the applica- judgment is reached and such a defendant limit their damages by obtaining other con- bility of any State law which imposes more will be discharged from all contribution forming goods (UCC § 2–712, duty to ‘‘cover’’) restrictive limits on damages and liabilities claims brought by other persons. The amend- and limitations on a buyer’s consequential than the limits provided for in this Act. The ment also makes clear that a defendant who, damages to those which could not have ‘‘rea- original wording, ‘‘greater limits,’’ left room because of the exceptions contained in the sonably’’ been prevented. These concepts es- for confusion and possible misinterpretation amendment, becomes jointly and severally tablish an independent affirmative respon- by providing an opportunity for argument liable for a portion of the plaintiff’s dam- sibility on buyers. The basis for this respon- that any State law with higher limits on ages, may recover contribution from any sibility to avoid ‘‘losses that reasonably damages and liabilities would supersede this

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00078 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5073 Act. Because this Act supersedes any State b 2115 tem and refrigerated trucks, it prob- law which allows a plaintiff to pursue or col- Some people know that. A lot of peo- ably made some sense back in 1937 to lect any amount in damages or liabilities ple do not know that. But June is dairy have a system so that it would encour- which are above and beyond the amounts age production in places like Texas, provided for in this Act, the conferees want month for a very interesting reason. to clarify the wording of this section. The Back in the thirties, farmers recog- Los Angeles, the Pacific Northwest, new wording, ‘‘stricter limits,’’ coupled with nized that in June, we reach what is particularly out here in the populated the language ‘‘affording greater protection called the peak of the spring flush. areas of the eastern seaboard, Boston, to defendants in Y2K actions’’ than would be That is when dairy cows produce the New York, Washington. They wanted afforded under the Act, ensures that this Act most amount of milk they are going to to encourage more dairy production in grants deference only to State laws which produce all year. At the same time, those areas relative to Wisconsin, Min- cap damages and liabilities at a lower schools get out, a lot of kids go home, nesota, northern Illinois and Iowa. amount than provided for in this Act. they drink less milk, more soft drinks, So they came up with this rather From the Committee on the Judiciary: more lemonade and so forth, and so at convoluted system, which may have HENRY HYDE, the very time milk production goes to made some sense in 1937, but, guess F. JAMES SENSENBRENNER, its peak, consumption drops. what, since 1937, we built the interstate Jr., Back in the thirties the Chain Drug- highway system, we have refrigerated BOB GOODLATTE, trucks that can now get milk almost From the Committee on Commerce, for con- store Association got together with the sideration of section 18 of the Senate amend- Dairy Association and had the first anywhere in the United States within a ment: dairy month. Now it has become a very matter of a few days, while the milk is TOM BLILEY, big event, particularly in the upper still absolutely fresh, delicious and MICHAEL G. OXLEY, Midwest, and we encourage people all wonderful to enjoy. Managers on the Part of the House. over the country to enjoy milk, but, But we still have the system. It is in- From the Committee on Commerce, Science, more importantly cheese and cottage teresting, once you create a Federal and Transportation: cheese and yogurt, ice cream, all the Government program, in fact, Mark JOHN MCCAIN, other things made from the real thing, Twain once observed the most perma- TED STEVENS, dairy products, real cheese, real milk. nent thing on Earth is a temporary CONRAD BURNS, Back in the thirties we were suffer- government program. Back in 1937 they SLADE GORTON, ing from some rather difficult financial created this system, and to give you RON WYDEN, circumstances for all Americans, but some of the numbers that are shown on From the Committee on the Judiciary: this chart to kind of give you an idea ORRIN HATCH, for farmers in particular, and they STROM THURMOND, came up with a rather convoluted sys- of the differences, the average blended From the Special Committee on the Year tem back in 1937 as part of the agricul- price for the upper Midwest, including 2000 Technology Problem: tural marketing agreement in 1937 to Minnesota, most of Wisconsin, the ROBERT F. BENNETT, create various regions around the eastern Dakotas, part of northern CHRISTOPHER DODD, country and price milk based on where Iowa, and I think it actually gets into Managers on the Part of the Senate . it came from and what it went into. northern Illinois, the average blended f We are going to talk about this whole price last year that was paid to dairy issue a little bit tonight, but I want to farmers was $13.57 per hundred pounds MILK, A CONTROVERSIAL ISSUE talk about the disparities that this sys- of milk. tem is creating. Now, that is another thing most peo- The SPEAKER pro tempore (Mr. PE- This is the 1998 average blend prices ple do not understand. The dairy farm- TERSON of Pennsylvania). Under the for current Federal milk marketing or- er always receives his milk check Speaker’s announced policy of January ders. What it demonstrates, and I think based on the number of hundreds of 6, 1999, the gentleman from Minnesota the numbers may be too small to really pounds of milk. So the average dairy (Mr. GUTKNECHT) is recognized for 60 pick up on the television screen, so any farmer in the upper Midwest got $13.57. minutes or less. of the Members who may be watching That was what the Federal Govern- Mr. GUTKNECHT. Mr. Speaker, to- in their offices who would like a small- ment mandated. ‘‘Mandated’’ is an im- night we are going to talk about an er version of this so that they can ac- portant word. We are going to talk issue which I suspect most of our col- tually look at it and read the numbers, about that a little bit. leagues and anyone else who might be I am going to read some of them for Now, if you were a dairy farmer for watching on C-Span tonight would say, you. But in effect what we have is a example in Washington or Oregon, the how in the world can the issue of milk system where milk is priced to the Federal Government mandated a price be a controversial issue? dairy farmer based on what it goes into of $14.75. If you were in central Ari- I think if they pay any attention to- and where it comes from. zona, that price was $14.90. But if you night, they will find that milk is an Now, this may seem bizarre, but in lived down here in the southeast, one enormously controversial issue, par- 1937, Eau Claire, Wisconsin, was consid- of the States that produced milk, for ticularly for those of us in the upper ered the epicenter of the dairy produc- example in southern Tennessee, Mis- Midwest. It is a very difficult issue I tion area in the United States. Any- sissippi, Alabama, Georgia, that dairy think for the average person to com- body who has ever watched a Green farmer got $16.13, mandated by the pletely understand, and we hope that Bay Packers game understands that Federal Government. If you lived in we do not bore our colleagues who may there is an awful lot of cheese produced southern Florida, for example, down in be watching tonight. in Wisconsin. There is also a lot of the Tampa Bay region, your price was It is a little like the story of the lit- cheese produced in my district. As a $16.82. The differential, $13.57 if you tle boy who came in and asked his matter of fact, there is one cheese live in my district, or Wisconsin or mother a question. His mother was plant in my district that produces parts of Illinois, $13.57, but if you are kind of busy and she said, well, why 500,000 pounds of cheese every single down in Florida, it is $16.82. don’t you ask your dad? The little boy, day. That is a lot of cheese, and, of Again, that may have made sense said, well, I didn’t want to know that course, we cannot eat all of that cheese back in 1937 when we did not have the much about it. I suspect a lot of people in the upper Midwest. But what they interstate highway system, did not who may tune in tonight may say, did is they created this system because have refrigerated trucks, but it does well, I did not want to know that much they decided that Eau Claire, Wiscon- not make a whole lot of sense today. about milk policy here in the United sin, was the epicenter of the dairy pro- So we are here tonight to talk about States. duction area for the United States. this and sort of raise some of the ques- To start off, though, I think we have They said the closer you are to Eau tions, rhetorical questions, and ask if to kind of look at this chart and begin Claire, Wisconsin, the less you will get anybody can honestly defend a system to understand the history. First of all, for your milk. Because of all the cheese that says to dairy farmers that your let me say that this is June. It is Dairy plants and because back in 1937, we did product will be based on where it Month. not have the interstate highway sys- comes from and what it goes into.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00079 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5074 CONGRESSIONAL RECORD — HOUSE June 29, 1999 Incidentally, to make things even fortunately, the region that we rep- system that will be funded on the more complicated, yes, milk is priced resent is down here way at the bottom. backs of hard-working farmers in the based on what it goes into. If your milk Again, we are not asking for special Midwest, and particularly in the upper goes into fluid milk, the stuff that privileges, we are not asking for special Midwest. The USDA has a proposal comes in containers that you drink and favors, but we are asking in the day which goes moderately in the right di- everybody loves, good for your body, and age when we have the interstate rection toward a market-based system. gives you a white mustache, if it goes highway system, we have refrigerated It does not go all the way, but it goes into fluid milk, it is worth more than trucks, all we are asking is for equal a good step in the right direction. if it is going into what is called Class pay for equal milk. The USDA proposal reflects a step to- 2 milk, which is spoonable. That would I have joining me tonight a couple of ward a more market-friendly system. include ice cream, cottage cheese, yo- my colleagues, one from Illinois and As Republicans, I think it is important gurt. Class 3 milk is products like one from the State of Wisconsin, and I to be fighting for this system, not cheese and butter. Class 4 milk is pow- want to yield some time to my col- against it. But I do not see this as real- dered milk. league, a freshman member, the gen- ly a partisan issue. This is just an issue So we have four classes of milk, and, tleman from Wisconsin (Mr. RYAN), about fairness and equity. from, I believe, the First Congressional again, that determines the price that As representative from Wisconsin, District. I represent the First Congres- the dairy farmer gets that does all of which as everybody knows, is Ameri- sional District in Minnesota the gen- the work, that gets up every morning ca’s dairyland, if you see anybody drive tleman from Wisconsin (Mr. RYAN) rep- at 5 o’clock in the morning because by in Wisconsin, you see the license resents the First Congressional Dis- cows have to be milked at least twice a plate says ‘‘America’s dairyland.’’ The trict in Wisconsin. I wonder if you day. This is not a job for the faint of problem in Wisconsin is we are losing heart. Anybody who wants to go into want to talk a little bit about this and what the dairy farmers are talking dairy farmers every single year. We are the dairy business, see me, because America’s dairyland right now; we there are lots of people looking for about and ultimately the unfairness of the system we have. have been America’s dairyland forever. folks who want to get up at 5 o’clock My fear is we will not be America’s every single morning, 365 days a year, Mr. RYAN of Wisconsin. I thank the gentleman for yielding. I would like to dairyland in the future, because just and milk those cows. That is what they thank the gentleman from Minnesota last year we lost 2,000 dairy farmers be- have to do. for your leadership on this issue. As cause of this antiquated system. That But the real problem is if you live in is 2,000 dairy farmers. Minnesota, Wisconsin, what we call the you know, I am a new Member of Con- I just enjoyed participating in the upper Midwest region, the eastern Da- gress. I was just elected in this last No- Kenosha County Dairy Day breakfast. kotas, you get $13.57. If you live in vember elections. I was elected as a Re- You mentioned June is dairy month. I southern Florida, you get $16.82. Now, publican based on the free market, thinking that we were here to make participated in the Kenosha dairy is it any wonder that some of our pro- sure as we go into the next century, we breakfast about 2 weeks ago in Keno- ducers in the upper Midwest say, this is will do so based upon the principles sha, Wisconsin, out in the county area. not fair? It is absolutely not fair. That that built this country, that the indi- What was wonderful was to see all the is a system that we hope to change. children running around enjoying milk. I started this conversation tonight vidual is the nucleus of our society, the The Dairy Days in Wisconsin is an op- by saying you would not think that individual is the nucleus of our econ- portunity for people in the cities to milk is a particularly controversial omy, based on the principles of the market. come out and see how farm operations issue. Well, it is, because, believe it or When I had come to learn the kind of work, to see how farmers work, to see not, the people in Florida think this is system we have, that binds our dairy how you have to get up so early in the a pretty good system. What is wrong markets, it is absolutely amazing that morning to milk the cows and you have with the system that pays our dairy we still have a dairy market, that we to do it twice a day, to appreciate na- farmers $16.82? In fact, I am in my still have a dairy policy that is based ture, to appreciate rural America, third term in Congress. I have learned upon a geographical location in the something we are so prideful of in Wis- in those three terms that whenever you middle of the United States, in Eau consin. talk about leveling the playing field, Claire, Wisconsin. Well, I come from My fear is if we keep this antiquated you can always bet that at least half of Wisconsin. the people participating in that debate system in place, we will not see those There is something else that is hap- days, at least in Wisconsin, because we do not want to level the playing field. pening for Members that are viewing Why? Because relatively speaking, are losing so many dairy farmers. this in their office. There are Members Well, as a representative from Wis- their constituents lose. of the Republican Party who are ad- Well, the point that we have been consin, from America’s dairyland, I vancing legislation right now to try to feel it is my duty to address the devas- making in the upper Midwest since solidify the status quo. We are actually 1937, now, let me do a little arithmetic, tation this bill will cause, not only for trying to move toward the market di- the farmers in my personal district in it is now 1999, less 37, that amounts to, rection and the USDA is actually mov- Wisconsin that I serve, but also for what, 62 years. For 62 years the dairy ing in that way. I would like to go other Midwest regions. farmers in our region have been receiv- through some remarks first and then I The dairy farmers in the Midwest ing less money relative to dairy farm- would like to ask my senior colleague ers in anywhere else in the United from Minnesota a few questions. have long been operating under this States. So for 62 years we have been Today I am here to join you, to ex- system that penalizes them for being saying it is time to level the playing press strong opposition to the legisla- more efficient and more productive. field. tion that is being introduced by the These are principles that we as a Na- I have got another chart here, and, gentleman from Missouri (Mr. BLUNT), tion should be advocating. However, I again, if anyone would like a copy of a Republican. This legislation is sched- stand before you today, and I see other these charts, we would be more than uled to be marked up in the Committee Members, other Members of Congress happy to send them out. If you contact on Agriculture actually tomorrow. from all these other regions, fighting my office we will send them to you. This legislation would essentially say to keep this antiquated system in But this gives some idea of the pro- that we are going to force the status place. ducer Class 1 blended price benefit. quo on the rest of the country. Not So when you come to Congress and A regional average, it shows how the only are farmers who lived under the you think we are going to fight for differences work out between the current system for 62 years have to do fairness, we are going to fight for eq- northeast, the average, what the aver- so, this legislation proposes that farm- uity in this country, it is not always age is in the Appalachian region. Flor- ers continue to live under the current the case. The system that we have ida, for example, as I mentioned, you system. today may have been appropriate in can see by this bar chart, Florida re- What does this do? This system the 1930s, as the gentleman from Min- ceives the best of all the deals, and, un- forces a continuation of this welfare nesota mentioned, but the need for

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00080 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5075 that kind of system is gone. We have talk about. I urge my colleagues to the Federal Government, that is the the interstate highway system, we rely on the expertise of the USDA and market that sorts that out. have refrigerated trucks. Advances in allow the reform decision of the USDA So I wanted to just make that point technology and transportation have to stand. I urge my colleagues who are that there are a lot of areas where simply eliminated the need for this thinking of freezing in place the status there are regional differentials. We type of antiquated system. quo to think about the principles that probably do pay more for orange juice Other regions in this system enjoy built this country. Do we want to in Minnesota than they do in Tampa, surpluses in dairy production. The sur- freeze in time 1937? Because today is Florida, but that is because of trans- plus State is no longer just Wisconsin. 1999. We do not live under 1937 cir- portation costs and other factors where We have surplus States all over the cumstances. We have the technology, the market determines. It is not deter- country. Your ability to get milk no we have the transportation, we have mined by the Federal Government. longer depends on how close or far you the advances to allow the milk pricing Mr. RYAN of Wisconsin. That is a live away from Eau Claire, Wisconsin. system to set up in a fair and equitable wonderful point to make. Because if we In my opinion, it is time to stop pun- way. look at today in society and look at ishing Midwest farmers based on this There is one other way of looking at the marketplace, why should the gov- horse and buggy perception of the this issue, because I know this dairy ernment be dictating the price of milk world around us. issue can be quite complex. We have based on where we live in relation to Now, in 1996, Congress recognized Class 1, Class 2, Class 3, and Class 4 Eau Claire, Wisconsin? It is absolutely this. They recognized that this system milk. We have all of these different asinine. It is just crazy. But that is the has outlived its usefulness. In 1996, the milk marketing orders. Let us put it in world we are living in today. farm bill required that the USDA re- this kind of perspective. What is more, the USDA is trying to form the milk marketing order in a What about orange juice? Do orange move moderately away from that pol- fair and equitable manner. producers get a higher price for orange icy toward more of a market-based sys- juice if they live farther away from tem so that it is fair and equitable for b 2130 Florida? It is sort of like saying that all farmers, especially those who have We relied on the USDA to develop a since I live in Janesville, Wisconsin, I been punished for 62 years under this proposal that would serve all farmers should pay a higher price for the or- antiquated system. Yet there are Mem- in the country in the best possible way. ange juice I purchase because it is bers of Congress here today, here in This was a wise decision by Congress in made in Florida, but someone who lives this body, here in the majority who are 1996. The only objective of the USDA in South Carolina will pay less for trying to stop that from happening, was to create a more fair and more eq- their orange juice. who are trying to freeze in place this uitable system based on market forces. It is like saying a country music crazy antiquated system where, just as So what we have before us today, singer is going to get a lower price for the Member from Minnesota men- after the USDA floated two rival pro- producing country music if they live in tioned, they mandate the price the pro- posals, one we call 1–A and one we call Nashville, Tennessee, than if they are a ducer gets based on how far from Eau 1–B, 1–A was more or less the status country music singer out in California. Claire, Wisconsin, one lives. quo, 1–B was going more toward the This is a crazy system. In my hometown of Janesville, and I market-driven area, so the location on Mr. GUTKNECHT. If the gentleman am so proud of this fact, we have a where one lived did not have such a will yield, it is even more convoluted General Motors plant. And in Janes- bearing on the price a farmer gets for than that. It is one thing if the country ville, Wisconsin, in our General Motors the milk he produces. What the USDA music industry or the orange juice in- plant, we produce Chevy Tahoes, which came out with was something in be- dustry or the taconite industry or the I drive. It is a great truck. It is good tween, a step toward 1–B, a step away automobile industry, if they decide for four-wheeling. We produce from the status quo. This will take that it does make some sense to have Suburbans, we produce Yukons. These place if nothing else is done. But there regional differentials, that is one are wonderful trucks. Actually, the are forces that are building here in thing, because that would be the mar- sales really took off when they added Congress to stop this small reform ket determining that. The difference the four doors onto the Chevy Tahoe from taking place. here is the Federal Government sets and the Yukon. Before it was a 2-door One of the things that the Members this price. vehicle, and the sales were only okay. of Congress who are from these other There is no other example, and we Once we added those four doors onto regions have been saying, they have have searched in vain, whether we are the Tahoes and the Yukons the sales been using these exaggerated claims talking orange juice, country music, took off. They really just took off. And that this kind of reform, this small re- computers, software, ice water, hockey anyone can buy a Chevy Tahoe all over form toward the market-based system, sticks, there is no example anywhere this country, but no one is getting a will devastate farmers across the coun- else in our entire economy where we different price for a Chevy Tahoe be- try. They are using exaggerated esti- have a product where the Federal Gov- cause they farther or closer away from mates. I would like to address that for ernment sets the price that the pro- Janesville, Wisconsin, where they are one moment. ducer is paid based on where it comes produced. Contrary to these exaggerated claims from and what it goes into. A Chevy Tahoe is the same price in that this will result in huge losses to We produce taconite in the upper— New York City as in Janesville, Wis- dairy farmers across the country, the what we call the iron range of Min- consin. People can get a Chevy Tahoe USDA estimates that this change will nesota. They also produce taconite on in Denver or in California, same as result in a loss of revenue of approxi- the upper peninsula of Michigan. There they can in Janesville, Wisconsin. That mately $2.8 million on average in all is no Federal agency that says, well, if is the way the market works. Federal order regions. Let me put that that taconite goes into automobiles, if Now, it may be a little more costly in perspective. The total loss per hun- that taconite that is ultimately pro- to ship a Chevy Tahoe from Janesville, dredweight, per hundred gallons of duced and is melted down and produced Wisconsin, all the way up to California, milk, is estimated to be about .02 cents as steel that goes into automobiles, and maybe the buyer will pay a little under the new regulation proposed by well, it is worth one price; but if that bit more because it cost to have the the USDA, not the massive losses that taconite is melted down and it goes Chevy Tahoe carted out to California, the proponents of the status quo are into refrigerators, then it is worth a that transportation cost may be saying. different price. factored into the price, but the govern- Now, this nominal change in revenue Now, if the market decided that that ment is not mandating that. will make all the difference to the was true, because we know that stain- Mr. MANZULLO. If the gentleman farmers in the first district of Wiscon- less steel is worth more than rolled will yield on that, I think a more dis- sin, which I represent; in northern Illi- steel, and we know I beams are prob- tinctive example would be if there were nois, as my colleague, the gentleman ably worth less than other fine steel, Chevy Tahoe plants in every State, from Illinois (Mr. MANZULLO), will soon but, again, that is not determined by manufacturing took place in every

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00081 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5076 CONGRESSIONAL RECORD — HOUSE June 29, 1999 State, but the price of that Chevy is swaying on his feet. So I said, attached a key to it, and I want to read Tahoe depended upon how far one lived ‘‘Henry, let me hook up that fencer for part of it for the record. from Detroit, Michigan, for example. you.’’ I was really afraid he was going It said, ‘‘Dear Congressman MAN- And the farther an individual got away to touch some wires and hurt himself. ZULLO: I am writing on behalf of Dean from Detroit, Michigan, the more ex- In fact, I do not know if I hooked it Foods Company, which operates five pensive it would be to buy that par- up or just suggested to him he wait plants,’’ and has a technical research ticular Chevy Tahoe. And to com- until when his son came in, it has been center in the district that I represent. plicate it, would be that it would be so many years ago. But I was really He said, ‘‘Please, enough is enough al- sort of impractical to go 500 or a 1,000 concerned because he was so tired on ready. Is the House ever going to tire miles away to buy the very vehicle his feet, and that is when accidents of introducing dairy legislation and that a person could get in that particu- happen on the farms. And it really allow us to run our own business? lar area. And that is what it is with brings into focus the fact that we are First, we had the 1996 Fair Act, which these milk orders. dealing with some real people here. We mandated Federal Order Reform, pro- And, by the way, there is a Chrysler are dealing with people that are being vided for the discontinuance of the Neon plant in the district I represent. I severely impacted. The Eberts’ real es- Price Support Program, and promised wanted to make sure we get that on for tate taxes go up every year. more reliance on the market, to let the the RECORD. Mr. GUTKNECHT. Does the gen- market itself determine the price of Now, let’s say the government regu- tleman mean to say that the real es- milk. lated the sale of pineapples. Probably a tate taxes are not based on how far b 2145 pretty poor example, because Hawaii is away a farmer is from Eau Claire, Wis- ‘‘That process has resulted in USDA the only State in the Union where consin? releasing its final rule on Federal order pineapples are grown, but let’s say Mr. MANZULLO. No, of course not. reform which is to take effect on Octo- Mr. GUTKNECHT. How about the pineapples were grown in California ber 1, 1999.’’ That is the 1–B, the one feed prices? and Florida, but the price of pineapples that goes a long way, it is not perfect, Mr. MANZULLO. Everything goes up. depended upon the center being Hono- but it is a good compromise of moving Mr. GUTKNECHT. So feed prices are lulu, where the price that the producer in the right direction and hats off to not based on how far a farmer is from would receive from the processor of Secretary Glickman for really spear- Eau Claire, Wisconsin? pineapples would be lower the closer it heading the gigantic effort on that. is to Honolulu; and, obviously, the Mr. MANZULLO. Nothing. He said, ‘‘No sooner was the final grower in Florida would get a much Mr. GUTKNECHT. Their other input rule released than more legislation has better price out of it. costs, their electric bill is not based on been proposed in the House. One, to Mr. RYAN of Wisconsin. It would be how far they are from Eau Claire, Wis- mandate Class 1 differentials, one a government mandated price. consin; only the price they get from which would extend the dairy price Mr. MANZULLO. Oh yes, it is. I have their local cooperative or whomever support program, another one which a letter here I wanted to read from a they sell their milk to; right? provides for creation of dairy com- processor, but had the gentleman fin- Mr. MANZULLO. And it is the price pacts.’’ ished his statement? that his buyer is forced to charge. He says, ‘‘Does the House have noth- Mr. RYAN of Wisconsin. Sure. Be Henry’s son, Hank, now is in the ing else to do but micromanage the happy to yield. business with them; and they are work- dairy industry from Washington?’’ Mr. GUTKNECHT. We are delighted ing on the farm. And I talked to him That is the other thing. The pricing is to have the gentleman from Illinois again a couple nights ago because I in Eau Claire but the managing comes (Mr. MANZULLO) join us and be happy needed some help with a power impact from Washington. ‘‘There is no indus- to yield some time to him to talk wrench to change some blades on a try in which Congress interjects itself about this. Woodson mower. And we talked again; daily except the dairy industry.’’ Mr. MANZULLO. We really have to and he said, ‘‘Don, I don’t know how Corbett says, ‘‘Reject dairy com- put a face to what we are doing. We are long this can go on. I just don’t know pacts; they represent socialism at its not talking about milk as a sterile how long we can go on.’’ Because I finest. We cannot live with a system commodity that is produced by cows think the price of milk is, what, $10.50 that picks a price out of the air with with no personalities. We are talking to $12, I am not quite sure what it is, no basis in supply and demand fun- about people. And I want to talk about but it is substantially lower than the damentals. The Soviet Union tried it my neighbor, Henry Ebert. He lives on $17 mark that it hit several months for four decades. It was a miserable Conga Road, right across the street. In ago. failure and it will fail in the U.S. fact, our pastures come together under- And I said, ‘‘Henry, the only thing I ‘‘While we view compacts as the total neath the little bridge that separates can tell you is this. You are one of only antithesis of the American system of Conga from our pastures; and we share 34 or 35 dairy farmers left in Ogle Coun- free enterprise, we are just as con- the creek there. I have beef cattle, usu- ty. In neighboring Stevenson County cerned that Congress feels the need to ally sell them in the fall; and, of we have about 250 dairy farmers. That continue promulgating dairy legisla- course, dairy cattle have to be kept is the number one dairy producing tion without waiting to observe the im- year-round. county in the State of Illinois. pact of legislation previously passed. Now, I remember one night I got a In the entire 16th Congressional Dis- ‘‘We are totally exasperated at the call from Henry. It was after I had sold trict, which I represent, which goes House’s continual effort to micro- my cattle for the year. And he said, from the Mississippi River all the way manage our industry from Washing- ‘‘Don, my electric fencer broke. Could I over to McHenry County, which has ton.’’ borrow yours?’’ I said, sure. So I dis- Harvard Milk Days and the same type I remind you, this is Dean Foods connected mine and took it over to the of festival that the gentleman from Company which is the processor that Ebert farm. It was about 8 o’clock in Wisconsin has, there are 730 Henry buys the milk from Henry Ebert who the evening. This man had been up, I Ebert families similarly situated, simi- lives on Conger Road in Egan, Illinois, think, since 4, 4:30, 5 o’clock and he was larly with the first generation trying and is my next-door neighbor. standing on his feet and attempting to to hand their farm over to the second ‘‘Below is a key to our offices.’’ He hook up, or beginning to hook up the generation. And some night we will taped a key. In fact here is a photo- wires that went into the electric fenc- talk about estate taxes that makes copy. It is amazing that the key that er. I just looked at him and it just that almost impossible to do without a he taped was a key from an old Cad- amazed me that this man had been on huge bill to pay taxes on the farm that illac car. I said, ‘‘That is as close as I his feet 18, 20 hours a day, and he and they own. will ever get to a Cadillac.’’ He said, Elaine get away maybe 1 week out of And Henry sells to Dean Foods, and I ‘‘We grabbed any key that we could the year, and the only reason they can had a conversation today with Gary around here that was excess, we just do that is that their son is farming Corbett, who is VP of industrial rela- taped it to these letters that we sent with them. And here he is, so tired he tions, and he sent me this letter and out.’’ Of course it is symbolic.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00082 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5077 He said, ‘‘Below is a key to our of- that, which is then getting turned into gentleman is correct. One of the fun- fices. You might as well come run our cheese which is suppressing the price of damental reasons that the 13 colonies business directly rather than try from Class 3 or cheese prices which we came together and formed a Federal D.C. Then maybe you can feel the same produce in the upper Midwest, so that union was to keep the colonies from frustration we experience in having our further depresses the prices. So you get setting up artificial trade barriers and business turned upside down regularly hit twice. Is that what the gentleman to allow free trade between the 13 colo- through congressional intervention. is suggesting? nies. But we do have a constitutional Let the 1996 Fair Act have a chance to Mr. GUTKNECHT. I think that is a expert among us. As I said, the gen- work.’’ That is the law that the gen- pretty accurate characterization. Then tleman from Illinois has been one of tleman from Wisconsin described that the gentleman from Illinois pointed the really true fighters in terms of mandated the Department of Agri- out something else, that a few years opening up markets and free trade here culture come up with a workable solu- ago as part of a compromise, and unfor- in the United States. tion moving toward a free enterprise tunately that is a word that we hear, Mr. MANZULLO. I appreciate the system. some of us think we hear too often, comment from the gentleman from He says, ‘‘Stand by the promise of here in Washington but as part of a Wisconsin. That precisely is the reason the 1996 farm bill to deliver a dairy pol- compromise, they allowed six of the why we had the Constitutional Conven- icy that is more market oriented and northeastern States where they have a tion, because the States used to have consumer friendly. We do not need this lot of population, they have big mar- tariffs among each other. They used to narrow economic self-interest piece of kets for fluid milk, they allowed them have their own money, their own coin- legislation burdening our industry.’’ to create what can only be called a car- age. They would treat people who lived So here is Dean Food, which has I tel, a compact between those six States in one State differently than people think operations in 37 States saying, that would in effect keep other milk who lived in another State. Finally the ‘‘Look it. We are standing alongside out and in effect help to artificially Constitutional Convention got to- the farmers, the dairy farmers in your drive their price of milk up even high- gether and said, ‘‘Wait a second. We’re district. Let us be able to move for- er. Americans. You can’t have tariff bar- ward, to be able to allow the market to Now, what is truly ironic about this, riers among each other.’’ What amazes operate on a free enterprise basis.’’ We and I know both of you and particu- me about this entire milk marketing, also had the original J.L. Kraft cheese larly the gentleman from Illinois has there are now 34 or 35 marketing orders factory in our district over in Jo been one of the real fighters for free nationwide. Daviess County which buys a tremen- trade in this Congress and he has got a Mr. GUTKNECHT. Thirty-one. The dous amount of milk. lot of high tech companies that really goal was to reduce it to no more than But I would ask the gentleman from do depend, and I know I have a lot and 13. Minnesota, the base price for Grade A I suspect the gentleman from Wiscon- Mr. MANZULLO. That is correct. I milk is fixed by the sale of Grade B sin does as well, companies who recog- think the proposal was to put it at milk for cheese purposes in Eau Claire, nize the importance of world trade. In about 11, that would be out there. I Wisconsin. Tell me how that makes fact, I am wearing a Spam watch to- cannot think of any other foodstuff or sense, especially since only 5 percent of night. They produce Spam in my dis- manufactured item or service, price of the milk produced nationwide is Grade trict. Every day in Austin, Minnesota, service, that is mandated by congres- B. we turn 16,000 pigs into Spam. Spam is sional act and turned over to a bu- Mr. GUTKNECHT. I think the gen- a great export product. But we need ex- reaucracy to come up with 31 different tleman has asked a question which I port markets. Whether we are produc- price orders based upon the sale of 5 cannot answer. I think it is a great ing Spam or whether we are producing percent of the Nation’s milk in Eau rhetorical question. It is particularly cheese or whether we produce auto- Claire, Wisconsin, on anything that troubling for those of us in the upper mobiles, you name it, the United similar. There is nothing anywhere. We Midwest where about 85 percent of our States desperately needs to export are not talking about loans. We are not milk goes into cheese. One other thing. more of what we produce. At the very talking about deficiency payments. We We have already made this far more time we are trying to open up markets are not talking about emergency bail- complicated, I think, than the average for our farmers, whether it be in China, outs because of floods. Those things Member can really understand. But the whether it be in Japan, whether it be come and go but a residential area can problem, of course, is if you artificially in the European Union, Africa, Central, get hit just as well as an agricultural set the price of milk too high in some South America, anywhere else in the area. I do not know of any legal price regions, which in our opinion they do, world, at the very time we are saying fixing that exists like this. In fact, the what it does is that fluid milk begins we have got to open up markets for our antitrust laws that are set up in this to back up in the system and then goes products around the world, we cannot country will attach severe penalties to into cheese, which drives the cheese open up markets in the East. There are executives of corporations who even price down, which drives our price six States that try to keep our dairy whisper of getting together and having down, which drives everybody’s price farmers from coming in and competing. prices that are similar to each other. down. It really is like salt in a very sore Mr. RYAN of Wisconsin. I would like Mr. RYAN of Wisconsin. So what the wound. to bring it back from the constitu- gentleman is saying is, they get hit Mr. RYAN of Wisconsin. Was part of tional question, because there are clear once, farmers in Wisconsin, in Illinois, the purpose of the Constitutional Con- implications that the compacts violate in Minnesota, they get hit once be- vention when our country was created the commerce clause of the Constitu- cause the price that they get for their not to avoid those type of trade wars, tion. But let us go back to the human milk that they produce is lower for the to try and avoid these interstate com- toll that is taken with this pricing sys- rest of the country. merce trade wars, so we would not have tem. I live in Janesville, Wisconsin. Mr. GUTKNECHT. For two reasons. barriers from State to State, that we Just east of me on County Trunk A are Because, first of all, more of their milk would be able to have free trade among the Barlass Farms. I used to work for goes into cheese and because they are the States within the United States of Grande Cheese Company. When I was a closer to Eau Claire, Wisconsin. America? Is this proposal, this North- young kid in high school, I worked for Mr. RYAN of Wisconsin. Because east Dairy Compact essentially not a Grande out with the milk trucks. I they are producing cheese and they are trade barrier between one State and used to put up the signs and just do closer to Eau Claire, Wisconsin. So another State within the United States some odd jobs around Grande. The farmers, say, in New York or Florida or of America? Grande Cheese Company would do a lot Arkansas and Alabama are getting Mr. GUTKNECHT. I would say it is of work and buy milk from milk pro- higher prices. They are producing Class more than just essentially. It is a trade ducers around Rock County, Wisconsin, 1 milk, fluid milk, the kind of you barrier. In my opinion it violates both where I live. The Barlasses I got to drink out of the bottle, that gives you the letter and the spirit of the com- know at an early age. The patriarchs of the mustache. They are overproducing merce clause of the Constitution. The the Barlass family are about to retire

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00083 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5078 CONGRESSIONAL RECORD — HOUSE June 29, 1999 and their two boys are taking over the to the Barlasses because I do not know Mr. GUTKNECHT. It is a small baby family farm. They milk Jersey cows. what to tell them. I do not know how step in the right direction, and if Con- Most of the cows we milk in southern to explain to them that in this coun- gress takes no action, the President Wisconsin are Holsteins but they milk try, the market should survive. does not sign a bill, the USDA’s rule Jerseys and they take quite a bit of b 2200 will go into effect October 1, and the pride in milking Jerseys. Because the anticommerce clause compacts will Barlasses, their parents are going to Mr. MANZULLO. Mr. Speaker, if the disappear, and we will move gradually, try and pass the farm on to them, they gentleman would yield, as my col- and I mean very gradually, to a more have got problems, with capital gains leagues know, there is another class, level playing field for dairy farmers taxes, with the estate tax, that if they and these are the consumers who pay around the United States; that is cor- more for the cost of dairy products as pass away, their farm is going to be rect. taxed so much so at a 55 percent rate a result of this incredible system of Mr. RYAN of Wisconsin. So what the that they may have to sell the farm pricing. I mean you have a price sys- gentleman from Minnesota is saying, and discontinue having their sons farm tem that does not make sense. As my that the train is already leaving the it for them because of the estate taxes. colleagues know, who is going to pay station, and it is heading in the direc- On top of that, the capital gains taxes more on this thing? The consumer ends tion of the market, and the USDA is they pay are so high because they are up paying more. But what we are say- driving this train, but that if nothing ing this evening is to let the free mar- not indexed for inflation that they are else happens, but that there are Mem- ket float, let the dairy farmers have paying tax rates as high as 70 percent bers of Congress here among us, friends the opportunity to be part of the dairy when you take into account the fact of ours from other States, who are try- system because at least in the area of that they are paying on the inflation- ing to stop that train. ary gains of their assets. the country that we come from, as my Mr. GUTKNECHT. They are trying to Look at all of that. How difficult it is colleagues know, we are talking about derail that train. with this price system, the fact that in the survival of dairy families. This is Mr. RYAN of Wisconsin. Trying to Wisconsin we have lost 2,000 dairy critical. derail that train, trying to stop this I was at an ag breakfast in Stephen- farmers just last year. The Barlasses modest reform from taking place so, if son County in Freeport which is, as I have a tough time as it is, with the es- they can intervene in Congress, to stop said before, is the largest dairy produc- tate tax, with the things that the gov- this from happening. Is that precisely tion county in the State of Illinois, and ernment is imposing on them right what? now. And look at what else is happen- a lot of farmers were coming through. Mr. GUTKNECHT. That is exactly ing. Look at what is being piled on top I was there quite early and to the later correct, and at least I am delighted morning, and there was this sense of, of them. What is being piled on top of that the dairy farmers in the upper and I know farmers have been de- them is that irrespective of their ef- Midwest have Members like yourselves pressed in the past because of what has forts to keep their family farm alive who are joining me and others to try happened in the cycles and everything, and they say they know they have to and at least get the facts out on the but I have never seen such a sense of, grow it to survive, they have got to get table because John Adams, who served and I cannot even find the word, the more money from the bank to invest in in this body, former President, a great adjective, is the look on the faces of better technology with the dairy farm, patriot; one of my favorite quotations the dairy families because they know to get more cow, to grow, to get bigger, from John Adams is that facts are that the only chance they really had to for surviving. But if that is not enough, stubborn things. And I think in this what they have to face is this pricing have a piece of the free market system was in the reforms that the U.S. De- case the facts are so overwhelming system, that just by the very fact that that so many things have changed they farm and raise Jersey cows in partment of Agriculture came up with under 1 B and now that could be stran- since 1937 that a system that may have Rock County, Wisconsin, southern Wis- gled because people want to keep the made some sense in 1937; just look at consin, which is located fairly close to present pricing and our good colleague this map, and you can see how incred- Eau Claire, Wisconsin, in the whole ibly bizarre. In fact, a Supreme Court from Missouri (Mr. BLUNT), love him scheme of the country, they get a dearly, he is a great Member of Con- justice was asked to review this, and he lower price for the milk they produce gress, I am very close to him, but we referred to this system as, and I quote, than farmers around other parts of the think he is incorrect on that particular Byzantine, and if ever there was a time country. That is the other part that is issue. to say it is time to scrap this system, crushing their ability to keep their And so I just wanted to commend the come up with a new system that levels family farm alive. Not only are they gentleman from Minnesota (Mr. GUT- the playing field that is based on real getting hit with a lower price but we KNECHT) for taking the tremendous market principles, if ever there was a have a system that even lowers the leadership and explaining this very dif- time, that time is now and that place price more because of the oversupply of ficult concept to other Members and is here because here is an interesting Class 1 milk. So not only is it very dif- the American people. fact about milk. ficult to keep a farm alive, just on its Mr. GUTKNECHT. I yield to the gen- They are now allowing markets to own, but we have a milk pricing sys- tleman from Wisconsin. We need to set the price of milk in Moscow. Would tem which is based upon this anti- wrap it up here for any last comments it not be wonderful if we tried at least quated, socialistic, Depression era pro- you would have. a modified version of that here in the gram that they and many other farm- Mr. RYAN of Wisconsin. I would just United States? And who knows? We ers like them are going out of business. like to ask the gentleman from Min- might actually begin to increase per And that there are Members of Con- nesota a couple of questions so people capita consumption of milk. gress here today who swear to uphold understand the timing of the issue. And if I can just finally say this: If the Constitution, who swear to uphold Is it the case that the bill that we are there is one really great tragedy about the commerce clause of the Constitu- talking about, freezing the status quo this system where we have regional tion, who out of this side of their in place; that is, being drafted up, conflicts, where the southeast dairy mouth talk about upholding market marked up, in the Agriculture Commit- farmers compete and argue against the principles, the free market, the indi- tee tomorrow? dairy farmers in Iowa, and the dairy vidual, and then out of this side of Mr. GUTKNECHT. Absolutely, to- farmers in Carolina are against the their mouth they say, ‘‘Well, not for morrow afternoon. dairy farmers in the upper Midwest; the dairy industry, not for milk. For Mr. RYAN of Wisconsin. And if this any time you have farmers spending so orange juice, yes, for Chevy Tahoes, legislation does not pass, if nothing much energy arguing with each other, yes, for free trade, yes, but not for happens, then by October the USDA, then it means that they are not spend- milk.’’ I would ask them, these Mem- the U.S. Department of Agriculture, ing that energy trying to figure out bers of Congress who are saying this will implement these forms which are a how in the world can we sell more out of this side of their mouth and that step in the right direction towards the milk, how can we sell more cheese, how out of that side of their mouth, go talk free market; is that correct ? can we sell more ice cream not only

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00084 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5079 here in the United States, but around operates five plants and our technical re- tem, and I want to just thank the gen- the world. search center, all in your district. tleman from Minnesota for his leader- And the real tragedy is we are pitted Please, enough is enough already! Is the ship. against each other, we are arguing House ever going to tire of introducing dairy Mr. GUTKNECHT. Well, I thank the legislation and allow us to run our business? against each other, when at the end of First, we had the 1996 Fair Act, which man- gentleman, and I just, in summing up, the day the simple fact about agri- dated Federal Order Reform, provided for the one of the expressions that I think culture in America today is this: We discontinuance of the Price Support Pro- every farm State legislator, whoever cannot eat all that we can grow. The gram, and promised more reliance on the represents a farm area, this expression only way that we can increase real market. That process has resulted in USDA they all understand, we all understand, farm income is become aggressive in releasing its Final Rule on Federal Order Re- and that is that a deal is a deal and a world markets. But while we are spend- form which is to take effect on October 1, bargain is a bargain, and you know, out ing all of our energy arguing with each 1999 and required two years of industry work in farm country they sell a $100,000 to complete. other, we are losing tremendous mar- No sooner was the Final Rule released than combine on a handshake, they trade ket opportunities whether it be in more legislation has been proposed in the their grain on a phone call. Asia, China, Japan, Central America, House; HR 1402 to mandate Class I Differen- We have very few written contracts South America, Europe, other parts of tials, HR 1535 which would extend the Dairy because everybody understands the the world who really, if we can just Price Support Program and now the most principle that a deal is a deal and a show them what we can produce, I onerous of all HR 1604 which provides for the bargain is a bargain, and 2 years ago think we can get a bigger and bigger creation of dairy compacts. Does the House and then again last year we made a market share and increase the size of have nothing else to do but micro-manage deal, we made a bargain, to allow the the dairy industry from Washington? There Secretary to go forward with market- the pie rather than arguing about who is no industry in which Congress interjects gets the largest slice. itself daily except the dairy industry. oriented ag reforms, dairy reforms, Mr. RYAN of Wisconsin. If the gen- Reject dairy compacts; they represent so- that would move us to a fairer, simpler tleman would yield, is not another cialism at its finest. We cannot live with a system. That was the deal, that was loser in this the American consumer as system that picks a price ‘‘out of the air’’ the bargain, that is what we shook well? with no basis in supply/demand fundamen- hands on, that is what we expect, and Mr. GUTKNECHT. Yes. tals. The Soviet Union tried it for four dec- as far as I am concerned, I do not care Mr. RYAN of Wisconsin. Are not peo- ades; it was a miserable failure, and it will how many cosponsors they may have in ple who buy milk paying higher prices fail in the U.S. the House, I am going to continue While we view compacts as the total an- because of this system? fighting, arguing, making the case, Mr. GUTKNECHT. Well, that is an tithesis of the American system of free en- terprise, we are just as concerned that Con- sharing the facts with the Members, argument that the consumer groups gress feels the need to continue promulgat- with the American public because at and now even some of the people ing dairy legislation without waiting to ob- the end of the day a deal is a deal, a against government waste and some of serve the impact of legislation previously bargain is a bargain. We ought to have the other taxpayer groups have passed. We cannot make sound business deci- market-based reform as far as dairy weighed in and begun to say particu- sions if you continually change the rules. products, and as far as I am concerned, larly in the larger cities, that they are We are totally exasperated at the House’s we will not stop until we get them. I continual effort to micro-manage our indus- paying artificially higher prices for thank my colleagues for joining me. dairy products, that if we had a more try from Washington. Below is a key to our offices; you might as well come run our busi- f market based reform along the lines of ness directly rather than try from D.C. Then ILLEGAL NARCOTICS AND THEIR what Secretary Glickman has proposed maybe you can feel the same frustration we that they would see lower prices, and experience in having our business turned up- IMPACT ON OUR SOCIETY this would benefit poorer people, and side down regularly through congressional The SPEAKER pro tempore. Under frankly, we believe, in the long run, intervention. the Speaker’s announced policy of Jan- would increase consumption. Let the 1996 Fair Act have a chance to uary 6, 1999, the gentleman from Flor- Mr. RYAN of Wisconsin. So not only work. Stand by the promise of the 1996 Farm ida (Mr. MICA) is recognized for 60 min- are we talking about hurting upper Bill to deliver a dairy policy that is more utes. market oriented and consumer friendly. Midwest dairy farmers, it is just not a Please vote ‘‘NO’’ on HR 1604; we do not need Mr. MICA. Mr. Speaker, I have come regional clash, we are talking about this narrow economic self-interest piece of to the floor again to talk about the poor inner city parents who are trying legislation burdening our industry. subject of illegal narcotics and its im- to provide for their children with a lot Sincerely, pact on our society, and tonight I of single, we have the illegitimacy rate GARY CORBETT, would like to start with a small trib- in the inner city is as high as 70 per- Vice President, Governmental and ute, first of all, to our Drug Enforce- cent in this country in inner city Dairy Industry Relations. ment Administration administrator America. We are talking about these Mr. RYAN of Wisconsin. I would also Tom Constantine who will be feted to- mothers, these young mothers in many just like to ask, mention to the gen- morrow upon his retirement, and I cases, trying to raise their babies and tleman from Minnesota (Mr. GUT- would like to first pay tribute to his their children, to try and nurture them KNECHT), and thank him for his leader- tremendous service. Next month, in with dairy products, and they are pay- ship. The gentleman from Minnesota just a few days, Tom Constantine, the ing a higher price for these products (Mr. GUTKNECHT) has provided excel- administrator of the Drug Enforcement because of this? lent leadership here in Congress on this Administration, will retire and return Mr. GUTKNECHT. Artificially higher issue. I want to thank him on behalf of to Schenectady in New York where he prices, yes. the dairy farmers of Wisconsin for his lived prior to moving to Washington, Mr. RYAN of Wisconsin. Because of leadership on this issue, and I also D.C. and serving this administration. this government mandate? thank the gentleman from Illinois (Mr. Tom Constantine has been the ad- Mr. GUTKNECHT. I would yield to MANZULLO). Our districts butt up ministrator for DEA for the past 5 the gentleman from Illinois and then against each other. He has the Wiscon- years, and he had a very long and dis- we are going to yield back our time. sin border, I have the Illinois order, tinguished career before he came to our Mr. MANZULLO. I would ask for and hopefully we can fight together on Nation’s capital. Mr. Constantine leave to attach this letter from Dean behalf of the dairy farmers in our areas began his career as a deputy sheriff in Food Company and be part of the along and with the leadership of the Erie County in New York in 1960 and RECORD: gentleman from Minnesota (Mr. GUT- became a State trooper in 1962. In 1986, DEAN FOODS COMPANY, KNECHT) to try to get resolve to this, to he was named superintendent of the Franklin Park, IL, May 19, 1999. make sure that we can stop what is New York State Police, and he served Hon. DON MANZULLO, U.S. House of Representatives, Washington, DC. going on here in Congress. So the in that position with great honor and DEAR CONGRESSMAN MANZULLO: I am writ- USDA, the train can leave the station recognition. Since Tom Constantine ing on behalf of Dean Foods Company with toward the market so we can go down has taken over the DEA in 1994, the whom, we hope, you are quite familiar. Dean the road of getting a market-based sys- agency has added 1,200 new agents, and

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00085 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5080 CONGRESSIONAL RECORD — HOUSE June 29, 1999 he is overseeing the revamping and the Then I would also like to talk about killing each other, they are killing in- modernization of the agency’s intel- a Geraldo Rivera report which was nocent folks with guns. This is an ac- ligence operations. aired, a very lengthy report, some of it count from Maryland in today’s paper. During his tenure, he has initiated accurate, some of it inaccurate, but A 16-year-old Gaithersburg youth new programs to foster closer coopera- since we have raised the question of le- pleaded guilty yesterday to first degree tion which is so important with our galization, since we have raised the murder in the slaying of a 15-year-old State and local law enforcement agen- question of decriminalization, since who was beaten and stabbed to death cies and to enhance their ability to this topic is now very much in vogue in after being blamed for a bad drug deal, fight violent crime caused by drugs. talk shows and special programs and in prosecutors said. Recently Tom Constantine opened a $29 news reports, I think that it is impor- This goes on to say that the individ- million training academy for the tant that we deal with the facts, and I ual charged struck the teenager in the agents of DEA and also for our foreign, would like to talk about those facts to- head with a large rock and stabbed him State and local police that they par- night. repeatedly after he begged for his life, ticipate in with training. The facility The first thing, in the update of some prosecutors said. Another tragedy in which can house 250 trainees is located of the news, the news relating to the the area of our Nation’s capital, a 16- in Quantico, VA. war on drugs and the situation relating year-old first bludgeoning a 15-year-old Mr. Constantine also was one of only to crime that emanates from illegal and then stabbing him to death. 19 people ever to be named as an honor- narcotics continues to be bad. ary FBI Agent, and for anyone aware of Another report, on the Tuinei death, Just in today’s Washington Post, I this is from an Associated Press story the longstanding rivalry between DEA would like to read from an editorial and FBI, they really can know and ap- in McKinney, Texas. Former Dallas that said, and I will quote, the headline Cowboy offensive tackle, Mark Tuinei preciate the significance of this award is, Shot, 5 months old. The latest stray and recognition. Over the past few died of a lethal combination of heroin gunfire victim may be the most inno- and a form of drug called ecstasy, ac- years, Administrator Constantine and cent of all, a 5-month-old baby boy. He the FBI Director, Mr. Louis Freeh, cording to autopsy results released was seated with his mother and a man Tuesday. bridged the gap between those two De- on an apartment stoop in southeast partment of Justice law enforcement I spoke in a previous special order Washington on Friday, this past Fri- about the tragedy possibly being linked agencies, and I believe they increased day, when they were shot in an attack the effectiveness of our law enforce- to illegal narcotics, and here we see by two masked gunmen. The man, ap- that deadly combination of heroin and ment efforts against major drug traf- parently the intended victim, is dead. ficking organizations. ecstasy. We find high purity heroin The mother is hospitalized. The baby, coming in from Colombia and also from b 2215 guiltless as a lamb, is in critical condi- Mexico, and young people and even Mr. Constantine believed that if tion. As with hundreds of other chil- strong athletes do not realize the dead- Mexican authorities wanted to hurt the dren caught in the city’s violence, the ly potential of heroin just by itself, and drug trade, then they could hunt down wounded baby did not elect to enter then to mix it with some other drug and arrest their country’s top smug- this world. Neither did he choose to proves to be fatal, not only in Texas glers and major drug lords and send live in a neighborhood where drugs, but as I cited in my own central Flor- them to the United States for trial, gangs or gun battles flourish. ida area where we now have the num- I think if we look at our Nation’s and we know how many of them have ber of drug overdose deaths in central capital as an example, and what a trag- been requested for extradition from Florida exceeding the number of homi- ic example, the last week with death that country. cides. As he stated in testimony before our and mayhem in the streets of our Na- tion’s capital, even critically wounding Further update on the news, I spoke subcommittee, the one I chair, which is last week of an article relating to the Subcommittee on Criminal Justice, a 5-month-old, we see the roots of some Plano, Texas, which has also been rav- Drug Policy and Human Resources, of the problem in drug trafficking and aged by drug deaths. Tonight there is a there are 15 to 25 key drug traffickers illegal narcotics. story that was published, I believe, who are primarily responsible for the Last week, the Nation’s capital, Con- over the weekend, 6–27–99, by Tracy drug trade. Cases have been prepared gress, anyone with any sensibility, was Eaton in the Dallas Morning News, a against them. They have been indicted absolutely distraught by what took rather large story about the region’s in the United States, and arrest war- place with the death and killing of a 55- heroin supply and this would be the rants have been issued, but they still year-old grandmother in the District of Texas region, linked to deaths in have not been extradited. Columbia. We saw, those of us who Tom Constantine, I believe, is one of serve in Washington, our Nation’s cap- Plano. The headline says, Mexican pro- the finest examples of law enforcement ital and the local residents in this area, duction driving economy in the Mexi- professionals to ever serve at any level saw the funeral and the tragedy of, can area. in our law enforcement agencies, again, this slaying. I thought I would The story goes on and talks about whether it be local, State or national. read a little bit, this is from the Wash- the fields now of poppies. Again, part of His service to the safety and the well- ington Times, about that tragedy and this administration’s policy did not being of our Nation should be noted, the root of that problem. serve us well in certifying Mexico, and and I know that I join many other of Tuesday night, police charged Derek Congress must also take the blame for my colleagues tonight on the eve of his Terrell Jackson, age 19, with first de- certifying Mexico with fully cooperat- being recognized on his retirement in gree murder while armed in the shoot- ing while it is increasing dramatically saluting his fine work to both the Drug ing death of Mrs. Foster-El, 55, a the production of illegal narcotics, par- Enforcement Administration and to grandmother who was shot in the back ticularly black tar deadly heroin. every citizen in our Nation. while shielding children from gunfire. Let me read a little bit from this Mr. Speaker, tonight, in addition to D.C. police said the cause of the south- story in the Dallas Morning News. Over that small tribute to a great leader in east shooting is unusual. In drug-rav- the past 3 years, and I think I cited the war on drugs, Mr. Tom Con- aged areas of the city, rival gangs nor- this last week, 18 young people from stantine, I would like to provide, Mr. mally shoot each other in turf wars. An Plano or with ties to the city have died Speaker, my colleagues and the Amer- open air drug market has operated for of heroin overdoses. Plano, with its ican people with an update since my years only a block away from Ms. Fos- wholesome reputation and all-Amer- last speech last week on the floor on ter-El’s backyard in the 100 block of ican city status, is not the only spot the topic of illegal narcotics and talk 56th Place, Southeast. Again, headline, that has been hit. Oklahoma City, about the impact, some of the happen- a tragedy and a neighborhood filled Cleveland, Milwaukee, Seattle, Boston ings and some of the tragedies that with drugs, crime, violence. and Atlanta have all seen tragic have faced our Nation and even our Na- Today’s Washington Post gives us a strings of heroin-related deaths as part tion’s capital in the last week since I story under the crime and justice head- of what United States officials call a last talked on this subject. ing of Maryland, and if they are not national epidemic.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00086 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5081 Let me quote, and this is a quote, the friends watched him turn blue from this month a prominent TV and radio world is awash in heroin. It is really a suffocation. The victim was left sitting celebrity, Francisco Stanley, was nightmare, said retired Army General on a toilet for 8 hours after he was gunned down in broad daylight by two Barry McCaffrey. He is director of the found semi-conscious in his bathroom. men who sprayed the victim’s car with White House Policy on Drug Control b 2230 automatic fire. Mr. Stanley was carry- and our Nation’s drug czar. He goes on ing credentials provided by the Min- to say, and let me quote Barry McCaf- He was then moved to a bedroom istry of Interior identifying him as a frey, he says, ask our eighth graders where he stayed for 4 hours before Federal agent. are they fearful of using heroin, and someone called 911. At least one of his Additionally, autopsy results indi- around 50 percent say no. It is crazy, friends played video games while his cate that he was a cocaine user. Mexi- that is what Barry McCaffrey said, our friend died in the next room. can media reports have stated that he drug czar. Two roommates in San Francisco may have dealt cocaine in the show The article goes on to cite an inter- died of a so-called flesh-eating bac- business world. The way the killing oc- esting report this news reporter had teria, this is recently, after injecting curred has led investigators to suspect obtained, and let me read a little bit themselves with Mexican black tar that in fact, this, too, was the work of further. It says, a confidential U.S. in- heroin. This should be good news for drug traffickers. telligent report obtained by the Dallas the heroin users out there, that this That is a little bit on some of the re- Morning News calls heroin, and again flesh-eating bacteria is now a special cent news and an update on some of the this is a confidential report that the surprise from the Mexican heroin pro- cases I have cited before. This past news folks have that we do not have it, ducers. Two others were hospitalized week our Subcommittee on Criminal but it calls heroin, and this is in with the infection. The bacteria sus- Justice, Drug Policy, and Human Re- quotes, a growing national threat. An pected in the deaths produces toxin sources conducted a hearing on the increased supply of heroin is causing that degrade human tissue. It is sus- topic of the del Toro case, in particu- prices to drop and encouraging traf- pected that the bacteria may be in the lar, and the subject that we posed and fickers to develop new markets. This, dirt that adheres to the drug in the the title of the hearing was ‘‘Getting in turn, leads to a new generation of processing facilities in Mexico. Away With Murder: Is Mexico a Safe consumers. Another report, and this is also from Haven for Killers or Drug Dealers,’’ and That is the end of this confidential my area in Sanford, Florida, central in particular, the del Toro case. report. Maybe the administration does Florida, a gentleman there plowed into The del Toro case is an absolutely not want this to get out. a car driven by a pregnant woman, heinous crime that was committed by a Many of these new customers are in which caused the premature delivery United States citizen. Even though his small towns and communities, the re- and death of her twin sons. He had co- name is del Toro, he was born in the port read, and let me read again a caine, Valium, and methadone in his United States. He was not a Mexican quote from the report. Suburban con- system. The concentrations found in national. He was born to U.S. citizens. sumers age 12—now listen to this. Sub- his blood indicated that he had prob- There is no question from the testi- urban consumers age 12 to 25 have been ably taken one dose of each of the mony we had or from what law enforce- one of the fastest-growing user groups, three drugs within 24 hours of the ment has made public that on Novem- the report read. Then it goes on to an- crash. ber 7, 1997, Sheila Belush was found other quote, heroin use among women The pregnant woman was 7 months murdered in her home in Sarasota, of all ages has increased significantly. pregnant at the time. The crash pinned Florida. She was murdered while her So the most vulnerable in our soci- her in the car. Once freed she was flown young children, some of them just ba- ety, our young people, age 12 to 25, are to the hospital, where doctors delivered bies, were left with her, with the body. becoming our leading consumers. They the boys 13 weeks premature. One of This is a particularly heinous crime, as go on to cite how heroin deaths nation- the boys died the day of the crash and I said. She was shot, then she was fin- wide have nearly doubled since this ad- the other the next day. ished off with a kitchen knife, stabbed ministration took office, according to This is an example, again, that I cite in her own home in Sarasota. Her hus- the latest government statistics. time and time again of drug-related band testified before our subcommittee I always quote the absolutely star- deaths. These two premature babies asking for justice. tling statistic since 1992/1993, again may not be counted in the 14,000-plus Jose Luis del Toro fled to Mexico, with the institution of this administra- that were killed last year because of and has used the Mexican corrupt judi- tion’s drug policy, heroin use among drug-related deaths. Those who were on cial system to flee from justice from our teenage population has soared 875 our highways and in highway fatalities the United States. We have asked for percent. may or may not be counted. Those who his extradition and it has been refused. This is a story today in the Dallas were suicides may or may not be Again, the system which is so corrupt Morning News that I thought would be counted. Those who again have died in which we heard about in this hearing of interest and provide, Mr. Speaker, some other fashion may or may not be denied justice to Mr. Belush and the my colleagues with a little update. counted. children that she left behind. Let me talk a little bit more about Here is an example of several more This is not the only case of an extra- the impact of illegal narcotics and drug lives snuffed out by illegal narcotics in dition request being ignored by the deaths and what is happening. Again, a probably the biggest social problem Mexican government. It is one of doz- sampling, just a recent case. Just in that we have facing our Nation. ens and dozens. In fact, in the last 10 the past few months there has been a This month a former nurse accused of years there have been 275 requests of distressing number of drug-related holding 2 women hostage for nearly 3 extradition, and in particular, relating deaths. This is in New York. For exam- days in a hospital, then killing one and to murders and illegal drug dealers, ple, heroin users in the East Village of critically injuring another, had strug- drug lords. We have some 30 or 40 re- New York City have been overdosing at gled with a heroin problem for more quests of these major traffickers and an alarming pace this year, according than 15 years. How will those deaths be murderers that have been ignored. to a report. One local expert estimates recorded? How will those injuries be re- To date, not one Mexican national that more than 30 people have died corded? has been extradited to the United from heroin overdoses since mid-May. In Texas last week, a man convicted States. Only after complete disruption It is suspected that the high purity lev- of beating his girlfriend’s 4-year-old caused by Members of Congress and by els are poisoning people who are not daughter to death because babysitting others have we received one American. prepared for its strength. And I spoke kept him from buying drugs was sen- A Mr. Martin was returned several about the Tuinei case, a very strong tenced to death by lethal injection. weeks ago. But this committee or this athlete who died from a heroin ecstasy In a murder that shocked Mexico subcommittee showed that justice is overdose. early this month, and I think I cited not being done in the del Toro case, In Orlando last March, a heroin over- this death before, and it takes quite an that the Mexican judicial system is be- dose victim was left to die as his incident to shock Mexico, but early coming a haven for murderers and drug

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00087 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5082 CONGRESSIONAL RECORD — HOUSE June 29, 1999 dealers, and that that country is not leading to the arrest or conviction of That is unfortunate, that we have al- complying with simple requests for ex- this fugitive. Again, his name is lowed our neighbors to the south to be- tradition. Agustin Vasquez-Mendoza, and the come close to a narco-trafficking state. Anyone who heard the testimony of date of birth is March 23, 1974, and he is It is not at the stage of a Colombia, this father, this husband, and the de- suspected of being in Mexico. There but, if it continues, the whole system tails of how this crime was committed will be $2.2 million for return of this in- of justice, the entire governmental against his family, and to hear the pain dividual, and also having this individ- process, could be lost, and it could be- he has suffered and they have suffered ual, Agustin Vasquez-Mendoza, brought come a narco-terrorist state. That is in losing the wife and mother of these to justice. not that far-fetched. children, would cry out also for justice. Those are a couple of points I wanted Mr. Rivera had in his report some Again, this is not the only case. To- to make, and bring folks up to date re- statements that I believe need correc- night I might cite a couple of cases just lating to news in the drug war and also tion. He went on to talk about waging for information of the Congress, Mr. the hearing that we conducted in our the war on drugs and said that the war Speaker. subcommittee on the question of extra- on drugs is basically a failure. In fact, First of all, first of all, I often refer dition, and two of our unfortunately I have a transcript of his report. Let to Mexico as a haven for drug dealers. numerous cast of individuals who have me read a little bit of it. It says, ‘‘We Certainly one of our major wanted in- been indicted and we have requests have always made waging the war the dividuals is Rafael Caro-Quintero. He is that have been ignored by the Mexican top priority. If only we could get more a drug lord who is wanted for the kid- government for extradition to see jus- boats, more planes, more soldiers, we napping and killing of our United tice in the United States. could win this fight.’’ States DEA agent, Special Agent Additionally, tonight I wanted to Then his second sentence here is, Enrique Camarena, 14 years ago. Unfor- spend some time, as I said earlier, talk- ‘‘Drug treatment has always been a tunately, justice has not prevailed in ing about a report that aired on tele- distant second place.’’ the del Toro case, in the murder of vision. I saw it over the weekend. Now, first of all, we have to deal with Sheila Belush. Justice has not pre- Geraldo Rivera had over the weekend the facts. Now, I know Mr. Geraldo Ri- vailed in the just incredible, again, hei- at least a 1-hour story. There was a se- vera is not noted for always dealing nous torture death of Enrique ries of stories. He called it ‘‘Drug Bust, with the facts, but I thought it would Camareno, who was tortured to death, the Longest War,’’ and he had some in- be an interesting approach to try to and Rafael Caro-Quintero has been con- formation that was correct and he had bring some of the facts out tonight victed of kidnapping and killing our some information in it that was way that he spoke about. First of all, he United States agent. thinks that the emphasis during this Special Agent Camareno was kid- off base. administration has been on getting napped and tortured by this individual I thought it would be important to more boats, more planes and more sol- and his cohorts. His cohorts, I might set the record straight, particularly diers. say, included, and we have evidence of since so many Members of Congress Well, Mr. Rivera is wrong. In fact, I this, scores of Mexican police and and the general public watch some of had our staff pull up, subcommittee Mexican government accomplices who these shows and obtain information staff, pull up drug spending for inter- participated in, again, the murder and about what is going on in the war on diction, and this would be the account torture of our drug enforcement agent drugs from these reports. under which we would get more planes, some 14 years ago. Caro-Quintero or- b 2245 more boats, more soldiers, the military dered the killing because raids orga- I think it is critical, again, to correct spending. nized by Camareno, our agent, were information that came out. If we could trace this chart before disrupting his drug operations. First of all, I think Geraldo Rivera The United States would like this in- 1991, maybe we could focus on this did a fairly accurate job describing the dividual extradited so that justice can chart here, but you would see from situation in Mexico, the corruption be served in the United States in the early 1980 when President Reagan took that exists, the drug lords running Camareno death. Again, at least this office a steady increase in expenditures rampant, the problem with no extra- individual was responsible for organiz- for interdiction. This would be using dition, the interviews relating to, ing the death and mayhem committed the military and other sources, getting again, corrupt activities and drug ac- against our DEA agent. This is one in- to drugs just as they came out of their tivities in Mexico being conducted in a dividual. source, interdicting them before they Tonight we also have with us an indi- routine manner and very few people come to our borders. That certainly vidual, another individual who is a being brought to justice. has to be a Federal responsibility. You drug dealer. This is Agustin Vasquez- I think also the report did summarize would see that all the way up to 1992 Mendoza. Mr. Vasquez-Mendoza is be- that part of the problem was that the with President Bush, and that was his lieved to be responsible for the 1994 Congress, and also the administration, policy. murder of another United States DEA we must say, did not bring Mexico to In 1993, and, again, you have to re- agent, and that is DEA Special Agent task, and that has been a difficulty in member the Democrats controlled the Richard Fahs. Vasquez-Mendoza is not trying to get Members of Congress to White House, the Senate and the House believed to have been the actual trig- pay attention to this problem. The of Representatives by overwhelming ger man, but he was the criminal mas- major source of illegal narcotics, some majorities in the legislative bodies, termind behind the murder of Special 60 to 70 percent of the hard drugs com- and, of course, the executive agency, Agent Fahs. ing into the United States, heroin, co- the presidency. They began a steady Our special agent, DEA agent, was fa- caine, methamphetamines, come from decline, and it went right to 1995, in ex- tally wounded by Vasquez-Mendoza’s and through Mexico. As I cited, Mexico penditures. In fact, there are some ab- henchmen during an undercover drug is now a major producer, producing 14 solutely incredible figures, and let me buy in Glendale, Arizona. After the percent of all the heroin coming into see if I can dig those up here, about the murder, Vasquez-Mendoza fled to Mex- the United States. cuts that were made. ico, where he is still believed to be hid- I think the report was on target Well, you can see right here, for ex- ing. We have indicted this individual. about some of the problems. Also on ample, just in military spending on the We have also requested the Mexican target that this Congress has not re- war on drugs there was a 50 percent cut government to extradite that individ- sponded, and this administration has during that period. Then the other part ual so that he also can meet justice in not responded, in appropriately decer- of this would be what about what is the United States and under our sys- tifying Mexico for trade and for finan- going on now? tem, where we know he would be tried cial benefits because the dollar has Well, I put this little cover on here to fairly and where we have the evidence reigned supreme here, and both Mem- show that with the Republicans taking to convict that individual. bers of Congress and the administra- over Congress, we have restarted the I might say, Mr. Speaker, there is a tion are afraid in any way to impact war on drugs. The war on drugs basi- $2.2 million award for information that trade, that business, that finance. cally ended in January of 1993 when

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00088 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5083 this President took office. We restarted Actually, where the administration interdiction, the source country pro- the war on drugs, and you can see from had a terrible policy in Colombia, Co- grams, and put emphasis here. this period in here where the new ma- lombia has now become in the last six So this policy and liberalization pol- jority took over to here, we have just years the major producer of cocaine. icy which we have pointed out not only begun to get back to the point where They are actually growing it and pro- gives us more spending for treatment, we were, and we still are not there. ducing it, processing it, the largest but more people to treat, and we use Even this shows a projection for 1999 to producer in the world. So our program Baltimore as a great example. It has get beyond where we were. But, again, in these two areas has been significant now risen to 39,900 heroin addicts in the this chart shows the actual spending in cutting 50 percent of the supply. City of Baltimore through a liberal on boats, planes and soldiers. The administration stopped military policy. Again, this debunks some of the Now, of course, this is also shown in assistance, helicopters, supplies, equip- statements that were made by Mr. Ri- 1999 dollars, and we began in 1991 dol- ment, on sort of a human rights basis, vera in his recent account. lars, so we actually have a net decrease and I could spend the rest of the It is interesting too that in today’s in spending. evening talking about that bogus posi- Washington Post, and possibly in other The war on drugs was closed down by tion, which has now turned Colombia publications across the country, our this administration in the area of into the major cocaine and heroine pro- drug czar, Barry McCaffrey, made an international programs. Now, inter- ducing country. opinion editorial piece that was pub- national programs, in this category, In 1993 there was no heroin produced lished, and let me read from that and again, if we looked at what this does, really to speak of in Columbia. Now what he says. this is stopping drugs at their source. Colombia is, again, through the policy b 2300 While this program dealing with the of this administration, not getting the military was in the several billion dol- guns, boats and ammunition to that First of all, let me pick up on the lar range, again, the military is still country, the direct policy of this ad- part about the effectiveness of some of operating, they are operating in the ministration, and is now becoming the these programs. Drug use in this coun- Caribbean, they are operating around major producer. try has declined by half since 1979. The the world, they have been operating in I also put a little cover on this to number of users dropped from 25 mil- Panama, they have been operating show what we have done in the last lion in 1979 to 13 million in 1996. Again, from our bases, and they have a mili- year to try to get us back up to the lev- this does not coincide with what the tary mission, so it is slightly different. els, because stopping illegal narcotics report of Mr. Rivera said. I would have to even argue about that is far less costly, and, again, this is And again this is according to our being a total cost. It is something that only in the millions of dollars as op- drug czar. ‘‘You would think that they are given as an additional mis- posed to the billions of dollars on the under the Republican administration sion. other charts. If we can stop the supply, there might be less spent on drug This budget deals with Federal drug we can, at its source, eliminate a lot of treatment.’’ And again I’m quoting spending for the international work. the interdiction costs and the law en- from Barry McCaffrey, the head of our That would be at the source country. forcement costs. Office of Drug Policy under the Clinton This is in the millions of dollars. Back What is absolutely fascinating is administration, and this is his quote in with President Reagan and President staff produced this little graph, and this op-ed today, ‘‘In the past 4 years Bush, we would have seen the same this graph is very interesting, because the administration increased spend- curve from the early eighties to 1992 it shows that 12th grade drug use ing.’’ I have to beg to differ with him, with President Bush in office. among our young people actually mir- but the Republican majority increased Then we saw basically again a close- rored the spending patterns of this ad- spending on prevention by 55 percent, down in the war on drugs. This chart ministration. When they decreased the while spending on treatment rose 25 shows exactly what took place. On Jan- amount for international programs and percent. uary 1, 1993, this President took office, interdiction, what happened is the sup- So treatment and prevention, in fact, closed down the war on drugs. This is ply increased, the price went down, it have risen dramatically under this Re- particularly significant because this is was available, and when heroin can be publican-controlled Congress, contrary stopping drugs at their source. bought for the price of marijuana or to Mr. Rivera’s statement that drug Now, if you took cocaine, for exam- cocaine you have developed a nice mar- treatment has always been a distant ple, 100 percent of the cocaine was ket and a young audience and con- second place. grown with coca in Peru and Bolivia. sumer group that we have heard about Additionally, the liberal policies we This is the 1992–1993 era. We knew ex- that, again, begins using this hard stuff found actually create a bigger depend- actly where the cocaine was, and it can coming in. This is an incredible graph, ent population. I thought it was inter- only grow at certain altitudes in the because it absolutely mirrors the pat- esting what Mr. McCaffrey said about coca bush, et cetera. They closed this tern of failure that this administration who commits crime and who is respon- down. We saw huge increases in produc- adopted. sible for the disproportionate share of tion. Now, again, Mr. Rivera said here, our Nation’s violence that we hear What happens here is when we stop ‘‘Drug treatment has always been a about, and these are his words: ‘‘Drug spending money closest to where the distant second place.’’ This is not dependent individuals are responsible drugs are produced, you have greater something I made up. I am quoting for a disproportionate percentage of production, and we will talk about that from the text which we obtained of his our Nation’s violent and income-gener- in just a second. But this is the most program. ating crimes, such as robbery, burglary effective way. If you could stop drugs, Another myth, Mr. Speaker, Mr. Ri- or theft. The National Institute of Jus- for example, we have been able, if you vera made, and that is borne out by tice surveys consistently find that be- look when the Republicans took over this chart. This chart shows at the bot- tween one-half and three-quarters of here, working with Speaker HASTERT, tom the actual amount of dollars ex- all arrestees have drugs in their system who was then chairman of the National pended on drug treatment. If we go at the time of the arrest. In 1997, a Security International Affairs Crimi- back to 1991 and we compare it with third of State prisoners and about one nal Justice Subcommittee which had 1999, we see that in fact drug treatment in five Federal prisoners said they had oversight over drug policy in the prior expenditures have gone up almost committed the crimes that led to in- Congress, this is where we restarted every single year. There is one year in carceration while under the influence this program, and this is where we here, 1996, where it did not go up, but of drugs.’’ This is, again, part of the op- achieved in two countries that we we have actually doubled the amount ed of General McCaffrey. would operate with that we had per- of money-plus on drug treatment. So it Then the myth about liberalization mission from the administration to op- is not taking ‘‘a distant second place.’’ and that we should allow more folks to erate with, Peru and Bolivia, we have And this is the policy also adopted in become addicts and hooked on hard now cut their production by 50 percent 1993 by this administration, to spend drugs and that this is harmless, and of cocaine. more money on treatment, cut the this is what Barry McCaffrey says in

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00089 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5084 CONGRESSIONAL RECORD — HOUSE June 29, 1999 today’s op-ed. ‘‘Injection drug users lence and that 94 percent of the State facing our society but we must also not place themselves at great risk. A Uni- prisoners had committed one or more just listen to the Geraldo Riveras but versity of Pennsylvania study of Phila- violent crimes or served a previous sen- to the facts about drugs and illegal delphia injection drug users found that tence of incarceration or probation. narcotics and their impact on our soci- four times as many addicts died from The New York study that we cited ety. overdose, homicide, heart disease, last week and again tonight was inter- f renal failure and liver disease as did esting. It was a rather in-depth study, CHINA from causes associated with HIV dis- and it showed that in New York, for ex- ease.’’ ample, one really had to work at it to The SPEAKER pro tempore (Mr. Dr. James Curtis, Director of Addic- be incarcerated in prison, and that no HAYES). Under the Speaker’s an- tion Services at Harlem Hospital Cen- one was there just for a minor offense nounced policy of January 6, 1999, the ter, explains, and this is a quote from or for even for a first-time felony. gentleman from California (Mr. ROHR- him, ‘‘It is false, misleading and uneth- In California, the 1994 prison popu- ABACHER) is recognized for 50 minutes. ical to give addicts the idea that they lation rose to 125,000 inmates. Mr. ROHRABACHER. Mr. Speaker, can be intervenous drug abusers with- Numberous experts and journalists in- by the end of July, the Congress will out suffering serious injury. sisted the State’s prisons were over- again vote on most-favored-nation sta- So, in fact, the myth that we have flowing with first-time offenders and tus, that is, granting this special sta- folks behind bars, and again I appre- harmless parole violators. The results tus to the People’s Republic of China. ciate the sensationalism that Mr. of another study, this California De- This is the 11th year in which I will Geraldo Rivera tries to provide, and partment of Corrections analysis of have voted on this issue, and this time, however, it will be called, instead of some of it is entertaining, but we must randomly selected felony offenders ad- MFN, most-favored-nation status, it deal with facts, particularly on such a mitted to the state’s prison and classi- will be called NTR, normal trade rela- serious subject as what is happening in fied as nonviolent, reveals that 88.5 our society as a result of illegal narcot- tions. percent of these offenders had one or Every year, as the Communist Chi- ics trafficking. more prior adult convictions. The aver- Mr. Rivera in his piece cited, and nese refuse to lower their huge tariffs age number of prior convictions was on American exports, goods that in again from his transcripts, two women, 4.7. A fifth of these so-called nonviolent and one with tears in her eyes testified fact make it impossible for us to have felons had been committed to prison a trade balance with them and we end that she had only been arrested this once or twice before. one time on drug trafficking and, in up with, every year, even though we There is study after study to refute vote most-favored-nation status, they fact, I think she said whe was duped, what Geraldo Rivera would try to lead keep those huge tariffs on our goods she claimed, into carrying a package of the American people and the Congress while their goods can flood into our cocaine for a drug dealer. That was one to believe. A 1996 study of individuals country at very low tariffs and thus we case. The second lady, who had re- in prison in Wisconsin found that about end up every year with a huge deficit ceived a mandatory sentence, was 91 percent of the prisoners had a cur- in our trade balance with the Com- there because she was dealing with four rent or prior adult juvenile conviction munist Chinese and they have a huge ounces of cocaine. for a violent crime. About 7 percent of surplus, 60, $70 billion worth of surplus. He also cited that most of the people the prisoners were in for drug traffick- So what are we doing? Why are we in Federal prison were nonviolent of- ing. None were sentenced solely for doing this year after year after year fenders. Well, the facts are a little bit possession or as a drug user, and fewer when the final result is always that different, and I have cited this study, than 2 percent were first-time drug or they maintain high tariffs against our but a study just out from the New York property offenders. Prisoners served products while we permit their prod- State Commissioner of Criminal Jus- less than half their sentence time be- ucts to flood into our markets? What is tice reports that, in 1996, 87 percent of hind bars, and 82 percent were eligible going on here? Is that something that the 22,000 people in jail in New York for for discretionary parole within a few is good for the United States of Amer- drug crimes were in for selling drugs or years. ica? Is it good for us to have an unfair intent to sell. Of the 13 percent doing So the facts are not as presented, trading relationship with the world’s time for possession, 76 percent were ar- again sensationally, by Geraldo Rivera. worst human rights abuser? Of course rested for selling drugs and pleading They do show a different picture, if we we are being told that if we do this, down to possession. The study further just take a few minutes to look at other things will happen, like, for ex- shows that the most convicted first- them. ample, not only will they lower their time drug offenders end up on proba- According to a study published in the tariffs eventually, but eventually they tion or in treatment, again contrary to Journal of American Medical Associa- will liberalize their country and be- what this national report by Geraldo tion last year, nondrug users who live come more democratic. Rivera tried to portray. It just does not in households where drugs, including Of course, we have not seen any evi- hold water. marijuana, are used, are 11 times as dence of that at all. There has been no In fact, at a recent hearing we held in likely to be killed as those living in evidence that they are reforming in the Subcommittee on Criminal Justice, drug-free households. Drug abuse in a terms of opening up their markets to Drug Policy and Human Resources, the home increased a woman’s risk of being our people who would like to sell our drug czar from Florida, Mr. Jim killed by a close relative some 28 products there and there is no evidence McDonough, testified that in a thou- times. that they are becoming more liberal or sand cases they looked at, only 14 out So, again, the myths that were por- that there is less oppression in Com- of the total were there for possession trayed in this presentation tried to munist China. and, in fact, some of that may have make us feel warm and fuzzy about re- The difference between this year’s been also watered down for other of- leasing folks into the population. vote and past years when we voted on fenses. b this will be that Congress is voting The facts are that, in fact, virtually 2310 most-favored-nation status, or, I all convicted criminals who go to pris- I do not want to say that we do not should say, normal trade relations sta- on are violent offenders, repeat offend- need to treat folks in prison and I tus and we are granting that to the ers or violent repeat offenders. It is think a very good case could be made Communist Chinese, not only knowing simply a myth that our prison cells are for that, but we must have effective that it is not lowering their tariffs and filled with people who do not belong treatment programs, not only in prison their trade barriers to our products there or that we would somehow be but also for other individuals, such as coming in while they exploit our own, safer if fewer people were in prison. A those portrayed, those individuals such putting our people out of work with scientific survey of State prisoners as the young woman who was on drugs, cheap products, of course, again know- conducted by the U.S. Department of as a young man who went back to ing that it is not having any impact on Justice found that 62 percent of the drugs. We must work together to find liberalization, in fact it is more repres- prison population had a history of vio- solutions to this incredible problem sive now in Communist China than it

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00090 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5085 was 10 years ago. There was an opposi- certainly is not making China any less to our country, we are, we are not in tion 10 years ago. Now there is none. a threat to the peace and it certainly is any way condemning the people of There are no free newspapers, opposi- not making our country any more China. The people of China live under a tion party or anything such as that. prosperous, and even though China sup- Fascist like dictatorship. We cannot No, but we have known that all along. posedly is more interdependent on us blame them, and in fact they are our What is the difference this time is that now, they do not seem to be any less greatest allies; we are on their side. we are doing this this year, Congress belligerent, hostile and aggressive than What we want is freedom for those will be voting on this issue this year they were 10 years ago. Yet every year, people in China, and when China has a knowing, thanks to the Cox Committee 50 and $60 billion in hard currency, be- democracy and the people of China are and the New York Times and the Wash- cause we have molded the relationship able to choose their own leaders and ington Times that the Beijing dictator- with Communist China, these are the demand honest government and de- ship is at this moment now beginning rules we have set down. The leaders of mand humane government and demand to produce nuclear weapons based on the United States of America have de- a government that respects the rights technology that it has stolen from us. termined what the rules of the game of people and does not waste their So here we are about to vote to grant are. They have sat down with the Com- money on militarism and weapons sys- this trading status, normal trading re- munist Chinese, their bosses in Beijing, tems, then China will no longer be a lations with Communist China, this and said, we agree to these rules of the threat to the world; China will be a Communist dictatorship, knowing that game. And at the end of the year, the friend. at this very same moment they are be- Communist Chinese gangsters who run In fact, if China had a democratic ginning to go into production on the that country, they earn and they have system now like Great Britain or Italy first generation of weapons of mass de- to play with $60 billion in hard cur- or Japan or other countries like that, struction that have been improved and rency. we would not even be concerned that made possible and their delivery made So any talk about human rights and perhaps they would learn some of our more reliable and more certain by U.S. all these other things that are paraded nuclear weapon secrets. We would not technology. These weapons of mass de- up and down like the administration care because it was a democratic, peace struction, which will soon be able to will suggest they believe in these loving country. No, those people who incinerate any city in the United things, the Communist Chinese dic- are arguing that there is some kind of States, will be delivered by a new gen- tators know that that is a lot of balo- racism behind this are trying to deflect eration of Chinese rockets that have ney, because if we really meant that we criticism, trying to deflect those who been made, as I say, more reliable and supported democracy and human rights would unravel this mystery that has more deadly by American corporations or we were really concerned about the been left behind of what our policy is and scientists working on either our massacres in Tibet or the massacres of all about and why we have a policy government’s payroll or working on Muslims in the far western reaches of that is so demonstrably against the the payroll of these huge American their country, we would be changing economic and security interests of our corporations. But, of course, the tech- the rules of the game so that the Com- country and of the Western World. nology that they are giving and be- munist Chinese would not end up with Tonight I hope to convince anyone stowing on the Chinese to make their these tens of billions of dollars of hard willing to listen that our trade rela- rockets more reliable and more effec- currency. tionship with Communist China is tive, this is deadly weapons technology They laugh at us. They think that it wrong. It is not working for the benefit which cost us, the American taxpayer, is a big joke. They think that our lead- of the American people, and it is not tens of billions of dollars to develop ers do not believe in a darned thing and making China more open, nor is it over the Cold War. They taxed it from that human rights is nothing more making it more democratic. It is not our pockets in order to protect our than sloganeering; and that when this making peace more likely, and in fact country. We were told we were doing Congress again votes for most-favored- our China policy is merely filling the this in order to make our country more nation status or, as it is called now, bank accounts of a new class of billion- secure. But instead, this technology normal trade relations, we too will be aires, both billionaires here and bil- has been used and when we vote for confirming for these dictators in Bei- lionaires there. normal trade relations with Com- jing, the world’s worst human rights You have Chiang’s cronies, his crony munist China, we will now do so know- abusers, the people who now are using comrades, and Bill’s billionaire bud- ing that our relations with Communist our technology to aim weapons at our dies. At the same time, this perverted China have not made it better for us cities that could potentially incinerate process bolsters the military might and economically in terms of the trade bar- our populations, they know that we are economic power of, as I say, a nation riers are still there, it has not made still if we bestow on them this status, that is controlled by a militaristic dic- China any freer but that they have ac- that Congress itself does not care tatorship that is the planet’s worst tually, on top of all of these things, enough about these violations in order human rights abuser, a government managed to upgrade their rockets, up- not to vote to change the system that that is engaging in genocide in Tibet grade their capabilities with this tech- is working against us. and has recently obliterated any orga- nology, billions of dollars of techno- nized political opposition among its b logical secrets from the United States, 2320 massive population. It is a ruthless and, of course, the rockets are loaded Yes, in this hall all of us, all of my government that even while moderniz- with their most deadly weapons, weap- colleagues, we will all vote on this ing its military is already bullying its ons beginning to be built based on the issue, and it will be a message to those neighbors, and let us remember this technology again that they got from Chinese dictators, and unfortunately it when we are talking about China: the United States. In that case they will be a message to the people of We just spent tens of billions of dol- stole it from us. China. What is really unfortunate is lars in the Balkans in order to save Of course we are being told that our that the people of China are America’s those people in Kosovo who were under trade relationship with Communist greatest allies. Those people who are the threat of genocide. Yet China, China is mutually beneficial. It is a now trying to defend their horrendous Communist China, is committing that mutually beneficial relationship. That actions in supporting the Communist same kind of genocide on the people of means it must be good for us in some Chinese dictatorship are doing every- Tibet. They are committing similar way, as well as for the Chinese people thing they can to try to divert the ar- genocide, and we are conducting, we do in some way. Well, it is not good for gument by claiming that this is in not know what is going on right now, the Chinese people. It is good for their some way antiChinese. but in the far reaches of western China clique that holds power with an iron Those of us who are concerned about against their Muslim population. But fist in China beating down all opposi- Communist Chinese power and what the people of Tibet continue to face tion. And it is good for a few billion- the economic relationship and what this brutality in an attempt to wipe aires here in the United States—I call the other relationships we have had their culture off the face of the map. them Bill’s Billionaire Buddies—but it with the Communist Chinese have done But yet when it comes to China, we

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00091 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5086 CONGRESSIONAL RECORD — HOUSE June 29, 1999 have policies that encourage American country, the Japanese empire; it was free press and freedom of religion, a businessmen to invest in China, build- run by thugs, it was run by gangsters, country that represents the type of ing up their industrial capabilities these people who brutally beat up and democratic reform and economic while a reaction in Serbia and in murdered anybody who believed in de- progress and the attempts by their new Kosovo is to basically declare war on mocracy in their country, and there president to uplift the poorest of the Serbia. was a bit of a power struggle there poor in the Philippines, these people Now let me just say for the record I with people who wanted to go toward are trying their hearts out, they are did support the Kosovars’ right to free- the west in Japan in the early 1920s doing everything they can to uplift dom and independence, and I thought who were murdered and suppressed. We their country only to be confronted we should have armed the Kosovars saw that happening. The thugs that ran with a militaristic threat of Com- and recognized their independence. I Japan in the 1920s believed in racial su- munist China on their doorstep, where think that the people of Tibet and periority. the Spratly Islands now, which are only 100 miles off their shore and 800 other people in the world have that b right, but the United States, and now I 2330 miles off the shore of Communist am not advocating that we go into They are perceived that they had an China, the Communist Chinese have Tibet and go into these countries historic right to dominate Asia and the come in and occupied some of those is- around the world where they do have Pacific; and, of course, they saw some- lands and built fortifications and sta- people who are being oppressed like thing else. The Japanese realized that tioned war ships in the lagoons; this to this, but we should always side with the United States was the only country a practically demilitarized Philippines. people who are being oppressed by dic- capable of standing between their goals This kind of bullying cannot be ig- tatorial regimes, by monstrous dic- of domination of Asia and the Pacific nored. We ignored it when the Japanese tators like Mr. Milosevic. and that we were the only country, the did this during the 1920s, and it led to Mr. Milosevic is a Serbian dictator, courage of our people was the only a war that cost millions of lives. and we have put a price on his head. At thing, that could stop them from ex- Today we still have a chance to try the same time we are shaking hands panding their brutal regime and its to change that. We sold the Japanese with the monsters in Beijing who have control to all of Asia and the Pacific during this time airplane designs. We committed bloody crimes that are at basin. sold them fuel. We sold them metal. We least on the scale of Mr. Milosevic, and I am afraid, Mr. Speaker, that that is had quite a trading relationship with we are setting up a trading system the kind of threat that we face now in them. In fact, Germany with all this which will be reaffirmed by a vote on Asia. It is not the 1920s, but there is a talk about how free trade and inter- Most Favored Nation status, normal regime that is run by gangsters and active trade is going to make some- trade relations, that will in the end re- dictators, thugs, people who are mur- body less aggressive, totally was inter- sult in tens of billions of dollars, $60 dering their opposition, people who active economically with the rest of Europe. We even had exchange pro- billion of hard currency at the end of hate the West and hate everything that grams with the Japanese. We let the the year, at the end of the accounting, we stand for, people who believe that Japanese militarists study our systems will be in their hands because of the they are racially superior, people who up close. There were military ex- rules that we have set up. believe that they have an historic right This makes no sense. It is contrary to dominate all of Asia and the Pacific changes. We actually gave Japanese to the principles of our country, it is basin. This country, of course, that I military officials the right to look at contrary to the values of our people, am referring to is Communist China. our military bases and talk to us about and worse than that, it is contrary to Communist China, again, if it was a our military tactics and have inter- action with our military in the 1920s. our national security interests. It is democracy, would be no problem. This Of course, the Japanese thought we contrary to the safety, it undermines would be an era of hope. It would be an were weaklings. Their reaction to our era of incredible opportunity for all hu- the safety of each and every person openness was not, oh, my, the Ameri- mankind if China would be ruled by de- who lives in the United States of Amer- cans then are not really our enemy. In- mocracy rather than ruled by gang- ica, and we have seen that because stead, the Japanese militarists were they are taking that money and mod- sters and thugs who commit heinous saying what weaklings these are, be- ernizing their weapon systems and crimes to maintain their power and cause we were dealing not with a demo- using technology that they have stolen stand for everything that we oppose. cratic regime that would have looked from the United States and that they Yes, just like with Japan, the Com- at that as a friendly gesture but a dic- have used to lure American business- munist Chinese regime understands tatorship, tough guys running a coun- men into giving them to enable them that only the United States has the try, and that is what we have in China to have rockets and missiles armed power to stand between them and their today. with weapons of mass destruction capa- goals; and their goal in Communist They interpret our willingness to ble of incinerating millions of Ameri- China today, their goal is to dominate have these same type of military ex- cans that they would never have had in all of Asia, all the way from Central change programs, our willingness to let 20 or 30 years from now if it was not for Asia, where I predict soon we will see a Communist Chinese scientists come the help that we were giving them and massive influx of Chinese into the into our laboratories, our willingness the relationship that we have estab- sparsely populated Central Asian re- to permit a trade relationship to con- lished with this incredibly nonsensical, publics. We will see territorial claims tinue that gives them $60 billion a year idiotic trade relationship. made there and claims on Siberia and of hard currency, they look at that as Dealing with China today is reminis- Mongolia and Manchuria, and we will weakness. They do not look at that as cent to the threat that the world faced see claims as we have already seen of being friendship. from the emerging Japanese military the Communist Chinese, rights to I went to the Spratly Islands. I went power in the 1920s. It is almost deja vu. dominate all of Southeast Asia down there. The State Department did every- As Yogi Berra said, it is deja vu all through Burma and Cambodia and, yes, thing they could to prevent me from over again. Think about the 1920s. We our great ally, Thailand. The com- going there, and I went with a member are now in a period of prosperity as we munists in Vietnam, that dictatorship, of my staff, Al Santoli, and a couple of were in the 1920s, and there was a new is frightened to death. other Americans, with a couple of Fili- power emerging in the world, but yet We see that the Communist Chinese pino legislators, and we flew right over the United States did not feel that it are trying to expand their area of the Spratly Islands and saw them could focus on that power, and in fact domination. They now have taken over building those fortifications. Our gov- in Europe where Adolf Hitler just a few small islands very close to the coast- ernment, the State Department, tried years later would emerge, the Japanese line of the Philippines. The Phil- everything they could do to prevent me were ahead of Hitler. We ignored that ippines, one of our great allies, a coun- from getting there so that I could not threat as well because by the time that try struggling to be democratic, a explain that to the American people threat happened things were too omi- country that has such close ties with and take the pictures that would open nous for us. And in the 1920s, we had a the United States, a country that has a up this debate.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00092 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5087 I have also led the congressional op- voting to grant this. If Congress votes that I can put this, because he certifies position to what I consider the mind- again to do this, it will do so knowing that there has been progress made in boggling military exchange program these revelations, knowing about these China on human rights when all of this that we have had between the Penta- revelations of this espionage and about bloody repression goes on. gon and the Communist Chinese. This how damaged our national security has This trade relationship has, as I say, year, the so-called game plan for mili- been. resulted in this annual trade surplus tary exchanges included Communist Of course, we are being told that for the communist Chinese. We are Chinese officials attending workshops China is being liberalized by our trade. being told if you believe in free trade, or seminars on supplies, how to supply Let us just tackle that question, is you have to believe in this. You have their army and do so effectively, on lo- China actually being liberalized be- got to support it, because after all, you gistics, on special operations, on mili- cause we are trading with them? And are for free trade. That is one of the tary strategy. This was part of the by the way, no one is talking about reasons we have been having some good Clinton administration’s game plan for cutting off trade. We are just talking times here in the United States is be- how we were going to interact with the about not granting them the same cause we have free trade. Communist Chinese military. It in- trade status we would to a democratic I have three words for that: Baloney, cluded letting the Communist Chinese society. baloney, baloney. We are not talking attend sophisticated air and naval war During this time when we have about free trade here. Free trade is games as well as observing our elite granted this vicious dictatorship the something that is mutually beneficial. 82nd Airborne Division at its para- same trading status we would to Italy, We have already demonstrated that trooper training operations at our Na- Belgium, or England, we have found this is not mutually beneficial trade, it tional Training Center in California. that they were going in the opposite di- is going to help the clique that runs Now, this was part of the administra- rection. There is no more opposition in communist China who are billionaires, tion’s game plan for this year, despite China. They are either in their Lao Gai and a few of our billionaires. It is trade the fact that the administration al- prison camps or they are in exile or that is manipulated by this powerful ready knew that the Communist Chi- they have been murdered. and ruthless and calculating com- nese had a major espionage effort that Ten years ago there was an opposi- munist Chinese regime. had stolen our most sacred secrets, our tion. Tibet is still being destroyed. On our side, of course, we do have most well-kept secrets on nuclear There is still genocide going on. In these multinational corporations who weapons. They knew the Communist fact, the World Bank, supported by our have shown us just how loyal they are Chinese had come into possession of tax dollars, is thinking about spending by taking their first chance. Whenever nuclear weapons secrets that had cost $100 million in order to help transport they can get away with doing it, they us tens of billions of dollars and were regular Chinese people into the terri- will bestow upon the communist Chi- upgrading their rockets and upgrading tory where Tibetan people live. Gee, nese weapons and technology that their weapons systems based on this thanks. Our taxpayers are even subsi- could very well end up killing Ameri- technology. But yet they went right dizing the genocide. cans, and they know darned well that ahead to plan this military exchange There is no free press in China. There that is the risk of what is happening, program as if there was nothing wrong. has been no evolution towards a free but they are eager to make a buck, a Yes, well, something is wrong. Some- press. very quick buck. thing is wrong all right. Something is Now the Chinese, of course, are in- These multinational corporations, terribly wrong here in Washington. sisting that we register religious peo- and by their very nature, multi- And despite the revelations of Chinese ple. If you just register these religious national means they end up with the weapons espionage, the espionage at people, they will be free to practice flag of the United States not even our weapons laboratories, a Chinese their religion. We have heard that be- sometimes being flown outside. Some- delegation, now this is after we have fore. Did we not hear that in Germany times they will fly the U.N. flag or known all about how the Chinese have in the 1930s, if the Jews just register, whatever. managed to get their hands on some of everything will be okay? We have seen Then of course we have a clique of this technology that eventually came this in the past in China, where people billionaires who also are benefiting, be- from our weapons laboratories, this ad- were lured out into the open, and then cause we have set up this system so it ministration still had scheduled a Chi- a few years later when the hammer not only provides the communist Chi- nese delegation to visit Sandia Na- came down, they were arrested and nese with $60 million in hard currency, tional Nuclear Weapons Laboratory in they were slaughtered. we have set up a system that subsidizes New Mexico. Anybody suggesting, and this goes businessmen when they decide to close for Billy Graham or whoever else is up a factory in the United States and b 2340 trying to convince Christians to reg- open it up in China; in other words, All of these exchange programs with ister in China, should be ashamed of building the industrial capacity and the military even went there. First of themselves because they are not read- technological capacity of this vicious all, what I want to know is why any po- ing history and they are giving the dictatorship. tential hostile power to the United benefit of the doubt to this bloody re- That is what this vote, by the way, is States has its scientists roaming gime, and they in the end will cost the all about. It is not about the ability of around our laboratories in the first lives of these believers. American corporations to sell Amer- place. But now we are being told even Of course, they also have forced abor- ican products in Communist China. It after the administration knew that tion, which continues unabated, and we is not about that at all. If we do not they had stolen these secrets, secrets have seen no development of an inde- grant most-favored-nation status or that could put in jeopardy or are put- pendent judiciary. In fact, the Presi- normal trade relations, as they now ting in jeopardy, these secrets are put- dent of the United States, for us to call it, it will not deny any American ting in jeopardy the lives of tens of vote on most-favored-nation, for it to businessman the right to sell over millions of Americans, they are still be granted, I should say normal trade there. The only difference is whatever moving forward with this, blase, relations, the President has to certify business he does in Communist China blithefully moving forward and every year that there has been some will have to be done at his or her own blithefully, again, coming to Congress progress made toward these democratic risk. asking us, forget all about that, forget goals, that human rights are being By granting most-favored-nation sta- about all the security stuff, go ahead more respected. tus, we are permitting these business- and grant most-favored-nation status, Is there any evidence of that at all? men to obtain loans that are subsidized normal trade relations with the com- No. The only evidence is that the or guaranteed by the American tax- munist Chinese as if none of that has President is not taking that job seri- payer through the Export-Import taken place. ously when it comes to certifying that Bank, through OPEC, through IMF, We have learned a lot of this since there has been human rights progress. I World Bank, Asian-Pacific bank, all last year. For 10 years we have been think that is the most charitable way kinds of things. There are so many of

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00093 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5088 CONGRESSIONAL RECORD — HOUSE June 29, 1999 these institutions out there that we do before what we have been told now. Up we need to elect people who are honest. not even know about, but of course if until now the White House has always We need to elect people whose main we do not grant them official status, told us, remember, like there were only loyalty is to the people of the United they will not get these guaranteed going to be a few FBI files and it States of America, whether they are loans or these subsidies. And thus, by turned out to be hundreds of FBI files? Democrats or Republicans. voting on ‘‘free trade,’’ what we are The White House until now has told us We may disagree about what direc- really doing is subsidizing businessmen they did not know about it until 1996. tion, but we have been tied to some bil- for closing jobs here and closing fac- That was bad enough. Now we find out lionaires who are making money in tories here which will only make them they were actually alerted to this in China even though it is not in the in- 5 or 6 or 7 percent, because they have 1995, and Senator Rudman’s report con- terests of our country. We have got to competition and environmental laws demned the administration for not change that. We have got to change and things like that that they have to treating this information with the due that right here in Congress. deal with here; but instead, it permits diligence that it deserved. We are going to vote on that very them to have it guaranteed in order to What Senator Rudman did not put in shortly. There will be a vote sometime set up a factory over in a Communist his report was what happened to those before the end of July. But, like any- dictatorship, taxing our people in order loyal watchdogs who warned the White thing else that we can accomplish, we to guarantee the loans so the guy will House of this communist Chinese espio- cannot just do it here. We need the set up a factory providing jobs in Com- nage at the Department of Energy that American people to be involved. If any- munist China which will eventually resulted in their ability to operate body is listening to this presentation put our people out of work over here. their nuclear weapons systems and or reading it in the CONGRESSIONAL Almost none of the trade we are talk- their rockets. What Senator Rudman RECORD who thinks that, well, we can ing about with Communist China is did not put in his report was that just leave it up to the politicians, see where we are selling refrigerators or Notra Trulock, who was someone who how bad all the politicians are, no. If selling some product that is manufac- was overseeing security at the Depart- the American people do not act, our tured here, because the Chinese erected ment of Energy, tried to warn the ad- country is going to go to hell in a hand basket, and we are already halfway all these barriers that we cannot get ministration and was demoted and was there. Our security, tens of millions of through. When they talk about busi- castigated and was attacked and al- our citizens, hundreds of millions of ness with China, what they are really most thrown out of a job. What we did our citizens now are at risk from weap- talking about is American companies not hear about was Ed McCallum, Chief ons systems that came from our own going over there and setting up fac- of Security at the Department of En- technology development, that were tories for production in China. ergy, who warned the administration taken from us and are now aiming in Does that make any sense? This is that something terrible was happening our direction. not good for the United States of and that we had to look at the security America, it is not good for our people, We have got jobs that are being issues, and right now he has been put taken away, plants being closed here, especially when it is a dictatorship. on administrative leave because they On top of that, we have other coun- and we are subsidizing jobs being cre- went digging and digging until they tries that are democratic countries, ated in communist China, so when they could find something on that man to even in Indonesia now, where they ac- build these new factories over there, try to hurt him for alerting us to that tually are trying to have democracy they are doing so with guarantees for information. Victor Reis, Victor Reis, after 20 years, and I think they have a money that is taxed from us. who today Senator Rudman applauded real chance if we get behind them and We have to end this policy, that gives for his diligence, an assistant sec- try to help establish the democracy in them a $60 billion surplus which they retary, one of the shining lights of re- Indonesia. They have such a corrupt, can use to modernize their weapons sponsibility at the Department of En- terrible dictatorship now the Indo- systems and terrorize their neighbors ergy, was fired just this week from the nesian people have risen up. Let us try and brutalize their own people. But we Department of Energy. Three people to help them and the Philippines. need the American people to be active. But certainly, why should we do that, trying to warn America, watchdogs, The American people must express why should we encourage people to in- trying to scream out, ‘‘danger, dan- their will, and that means each and vest in a Communist dictatorship, in- ger,’’ and instead what are they given every American, veterans organiza- stead of the Philippines or these other for their diligence, for their hard work tions. Anyone who is part of a veterans countries? What is happening is we and loyalty to this country? They are organization should be making sure have some very powerful interests in beaten up, they are cast off out of their that in this July 4th recess, when we go the United States of America who are jobs, their families are put in jeopardy back, and we are leaving Friday for a making big bucks off short-term prof- of losing everything. These are civil full week back in our districts, every its, and it is done at the expense of our servants. This is a pattern of abuse, it Congressman should be contacted by country, at the expense of the eco- is a pattern of abuse of these conten- their veterans, by religious organiza- nomic well-being and the expense of tious watchdogs, and it is beyond tions concerned about the oppression our national security. imagination that this administration that is going on of religious believers These people are having a tremen- has been doing this, and we just sit by in China, labor unions that know this dous impact. They are in fact doing ev- and let it happen. relationship, where we are building fac- erything they can to ensure that this These watchdogs warned us that the tories over there to compete with our system continues. communist Chinese were acquiring own jobs there, that is wrong. Today we heard evidence at the Com- these deadly weapons which put Ameri- We have got to make sure people who mittee on Science. It was a report cans in jeopardy by the tens of mil- believe in human rights are concerned given to us by former Senator Rudman, lions, and for it they were fired, they about China’s domination of Burma. who gave us a report on the security were demoted, attacked, humiliated, We had a gentleman here talking about situation of our national labs, which he their families’ lives were put in jeop- the drug problem before I got up. Yeah, had been studying for several months. ardy in terms of their income. where do those drugs come from? A lot He verified a story that recently ran This is a pattern by this administra- of that heroin comes from Burma. And in the New York Times just a few days tion of coverup, of deceit and betrayal. who controls Burma but the com- ago that the White House actually This cannot happen. We cannot let this munist Chinese, in a bloody deal with knew of the Chinese espionage that we happen. that dictatorship called the SLORC have been talking about tonight, that Ronald Reagan once said that there dictatorship. They have given them the the White House was made aware of is nothing that is wrong with the weapons they need, and they are slowly this in 1995. United States Government that cannot but surely turning Burma into a vassal be cured by one good election, and we state and taking their teakwood and b 2350 just need, and I am not talking about opium and selling it on the world mar- This was Senator Rudman today Republicans or Democrats, I am saying ket. No one wants to talk about that. verifying that fact. This is a full year we need to elect people with integrity, Oh, you can’t prove that.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00094 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5089 Where does it go? How does it get gave their lives or even the father of City of Santa Fe Springs, neighboring cities in past, if the communist Chinese domi- the playmates that I used to be with Los Angeles County, the State of California nate that part of the world? We need who died, but we owe it to them to and to the profession of public service. people who are concerned about the keep our country safe and secure and Don Powell leaves a legacy rich in the people of the United States and our not to let these secrets go to our en- beautification and prosperity he so skillfully safety, about people in our military emies, not to let weapons that can guided on behalf of a grateful and well-served who are going to be facing technology, shoot down our own pilots get into the community. His immense contributions to the facing technology that was developed hands of the enemy or weapons that transformation and maturing of Santa Fe in the United States and then it might could incinerate us. This is obscene. It Springs, an All American City, has nurtured a end up killing Americans. is an obscene betrayal of our country. strong sense of civic pride among its resi- When I was a young boy my father Most-favored-nation status is at the dents. was a United States Marine. I lived in heart of it, because it tells the Chinese The City of Santa Fe Springs will surely Japan with him, and he flew missions, communists we do not care. miss the outstanding work of City Manager they were spy missions along the coast Well, I hope that you will visit your Donald R. Powell. On behalf of the many busi- of Japan. He told me he would fly at Congressman and you will visit anyone ness and residential citizens, Mayor Albert L. very low altitude taking pictures, and who will listen and make your voice Sharp, Mayor Pro-Tempore George S. they would take pictures of the coast- heard at the 4th of July parade, saying Minnehan, Jr., Councilman Louis Gonzalez, line to see if anything was going on on no most-favored-nation status for com- Councilman Ronald S. Kernes, Councilwoman the communist coastline that could munist China. Democracy for China. Betty Putnam, Councilwoman-Emeritus Betty Wilson, and the entire City staff, I extend threaten Japan, Korea or Taiwan. Then this government will listen and heartfelt thanks and appreciation to Don Pow- There were a group of men that did we can save America and save freedom ell for his exemplary service, and further ex- this. and save the peace of the world. tend best wishes to Don and his wonderful We lived in this little enclave of f wife Jackie Powell for every continued happi- American families, and one day one of ness, great health and success in the years those men was shot down. That is when TRIBUTE TO DONALD R. POWELL ahead. It gives me great pleasure to pay trib- I was 10 years old. I still remember the The SPEAKER pro tempore. Under a previous order of the House, the gentle- ute to a superb public servant and fine Amer- tears of my young playmates and the ican citizen Don Powell on the floor of the woman from California (Mrs. fear in the eyes and the sorrow in the House of Representatives in Washington. Napolitano) is recognized for 5 min- eyes of the wife of this pilot who lost Thanks for everything Don. utes. his life defending his country, and I do f not remember his name. I bet nobody Mrs. NAPOLITANO. Mr. Speaker, I rise remembers his name. But he gave his today in praise of Mr. Donald R. Powell, a dis- LEAVE OF ABSENCE life defending this country against tinguished public servant in my 34th Congres- By unanimous consent, leave of ab- communist Chinese aggression. sional District in California, who is retiring as sence was granted to: I will tell you something else my fa- City Manager of Santa Fe Springs, California Mr. WATTS of Oklahoma (at the re- ther did. There was one of the things after an illustrious career spanning 33 years of quest of Mr. ARMEY) for today on ac- he did in the Marine Corps, he really service. count of personal reasons. did not have a major career, he was Don Powell's stellar performance in local f there for 23 years, but one thing he did government has made him a recognized lead- SPECIAL ORDERS GRANTED was develop the Navy way of dropping er in the field of public administration. He is the atomic bomb. the recipient of numerous awards and com- By unanimous consent, permission to It was like this. It is sort of a maneu- mendations including the prestigious Mark E. address the House, following the legis- ver where the plane goes down, and it Keane Award for Managerial Excellence, lative program and any special orders can be with a fighter bomber. It lofts which was presented to him last year by the heretofore entered, was granted to: the bomb as the plane goes off this International City/County Management Asso- (The following Members (at the re- way. It permitted our aircraft carriers ciation. quest of Mr. MCNULTY) to revise and to become strategic weapons. Don Powell also served our nation as a extend their remarks and include ex- During that process, my dad told this Captain in the United States Air Force, during traneous material:) idea to the commanding officer, and he which time he received a commendation for Mr. LIPINSKI, for 5 minutes, today. Mr. HILLIARD, for 5 minutes, today. was immediately given a squadron and operational improvements to the Bangkok Aer- Ms. WOOLSEY, for 5 minutes, today. told with all speed get this done. De- ial Mail Terminal. Don is graduate of Whittier Ms. MILLENDER-MCDONALD, for 5 min- velop this. It will change the formula College and holds a masters degree in Inter- utes, today. of the Cold War and make your country national Public Administration from the Univer- Mr. MALONEY of Connecticut, for 5 safer, because we will have a better sity of Southern California. minutes, today. balance of these nuclear weapons. Don Powell's career with the City of Santa Ms. JACKSON-LEE of Texas, for 5 min- My dad went out and he pushed these Fe Springs began in 1966 as an Administra- utes, today. pilots in this squadron, and they knew tive Intern. His outstanding service was recog- Mr. GREEN of Texas, for 5 minutes, what they were doing. They knew they nized as he rose through the administrative today. were trying to protect our country, and ranks to take the helm as City Manager in Mrs. NAPOLITANO, for 5 minutes, four of them lost their lives during which he has excelled for the past nineteen today. that time period of six months where years. Don's vision, tenacity, skill and mana- (The following Members (at the re- they were pushing the envelope to try gerial excellence helped transform a small quest of Mr. DEMINT) to revise and ex- to figure out how to develop this new town dominated by oil fields and smoke stack tend their remarks and include extra- weapons system, this nuclear weapons industries into one of the most vibrant and neous material:) system, in order to protect our coun- prosperous contemporary business commu- Mr. WAMP, for 5 minutes, today. try. nities in Southern California. He was able to Mr. DEMINT, for 5 minutes, today. Mrs. MORELLA, for 5 minutes, on June My mother told me of how they and achieve this tremendous example of suburban 30. my father had to go to a family, to a renewal while carefully balancing fiscal re- Mr. LUCAS of Oklahoma, for 5 min- wife who was waiting for her husband, sponsibility with a deeply abiding respect for utes, on June 30. and her husband had died in a crash the rich historical and cultural heritage of the Mr. FOSSELLA, for 5 minutes, today. that night. It was their first wedding city. Ms. ROS-LEHTINEN, for 5 minutes, anniversary. She was never told why I have known Don Powell for over thirteen today. her husband died, because it was top years, since my own service as a City Mr. DUNCAN, for 5 minutes, today. secret that he was developing this new Councilmember and Mayor of the neighboring f way of delivering this bomb. city of Norwalk, California which borders Santa People have died to protect this Fe Springs to the south. I have greatly ad- ADJOURNMENT country. I do not remember the name mired Don Powell's professionalism and un- Mr. ROHRABACHER. Mr. Speaker, I of that woman or those four men who surpassed level of personal commitment to the move that the House do now adjourn.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00095 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 H5090 CONGRESSIONAL RECORD — HOUSE June 29, 1999 The motion was agreed to; accord- 2786. A letter from the Director, Office of Emergency Management Agency; to the ingly (at 12 midnight), the House ad- Regulatory Management and Information, Committee on Transportation and Infra- journed until tomorrow, Wednesday, Environmental Protection Agency, transmit- structure. June 30, 1999, at 10 a.m. ting the Agency’s final rule—Findings of Sig- 2797. A letter from the General Counsel, nificant Contribution and Rulemaking on Federal Emergency Management Agency, f Section 126 Petitions for Purposes of Reduc- transmitting a draft of proposed legislation EXECUTIVE COMMUNICATIONS, ing Interstate Ozone Transport [FRL–6336–9] to exempt disaster employees from filing ETC. received May 11, 1999, pursuant to 5 U.S.C. Virgin Island income tax forms; to the Com- 801(a)(1)(A); to the Committee on Commerce. mittee on Ways and Means. Under clause 8 of rule XII, executive 2787. A letter from the Director, Office of 2798. A letter from the Acting Assistant communications were taken from the Regulatory Management and Information, Attorney General, Department of Justice, Speaker’s table and referred as follows: Environmental Protection Agency, transmit- transmitting a draft of proposed legislation 2777. A letter from the Director, Office of ting the Agency’s final rule—Technical to improve the asset forfeiture program; Regulatory Management and Information, Amendment to the Finding of Significant jointly to the Committees on the Judiciary, Environmental Protection Agency, transmit- Contribution and Rulemaking for Certain Ways and Means, Commerce, Resources, Ag- ting the Agency’s final rule—Certain Plant States for Purposes of Reducing Regional riculture, and Banking and Financial Serv- Regulators; Cytokinins, Auxins, Transport of Ozone [FRL–6338–6] (RIN: 2060– ices. Gibberellins, Ethylene, and Pelargonic Acid; AH10) received May 11, 1999, pursuant to 5 f Exemptions from the Requirement of a Tol- U.S.C. 801(a)(1)(A); to the Committee on erance [OPP–300690B; FRL–6076–5] (RIN: 2070– Commerce. REPORTS OF COMMITTEES ON AB78) received June 8, 1999, pursuant to 5 2788. A letter from the Director, Office of PUBLIC BILLS AND RESOLUTIONS Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on Ag- Under clause 2 of rule XIII, reports of riculture. Environmental Protection Agency, transmit- 2778. A letter from the Director, Office of ting the Agency’s final rule—Guidelines Es- committees were delivered to the Clerk Regulatory Management and Information, tablishing Test Procedures for the Analysis for printing and reference to the proper Environmental Protection Agency, transmit- of Oil and Grease and Non-polar Material calendar, as follows: ting the Agency’s final rule—Sethoxydim; Under the Clean Water Act and Resource Mr. STUMP: Committee on Veterans’ Af- Pesticide Tolerance [OPP–300859; FRL–6080–9] Conservation and Recovery Act [FRL–6341–9] fairs. House Joint Resolution 34. Resolution (RIN: 2070–AB78) received June 8, 1999, pursu- (RIN: 2040–AC63) received May 11, 1999, pursu- congratulating and commending the Veter- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ant to 5 U.S.C. 801(a)(1)(A); to the Committee ans of Foreign Wars (Rept. 106–205). Referred on Agriculture. on Commerce. to the Committee of the Whole House on the 2789. A letter from the Secretary of Health 2779. A letter from the Director, Office of State of the Union. and Human Services, transmitting a draft of Regulatory Management and Information, Mr. TALENT: Committee on Small Busi- proposed legislation to make amendments to Environmental Protection Agency, transmit- ness. H.R. 1568. A bill to provide technical, fi- the Federal Food, Drug, and Cosmetic Act ting the Agency’s final rule—Diphenylamine; nancial, and procurement assistance to vet- authorizing the Secretary to charge fees for Pesticide Tolerance [OPP–300773A; FRL–6077– eran owned small businesses, and for other certain regulatory activities related to medi- 3] (RIN: 2070–AB78) received May 11, 1999, purposes; with an amendment (Rept. 106–206 cal devices and food and color additives; to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Pt. 1). Referred to the Committee of the the Committee on Commerce. mittee on Agriculture. Whole House on the State of the Union. 2780. A letter from the General Counsel, 2790. A letter from the Chairman, Board of Mr. YOUNG of Alaska: Committee on Re- Department of Defense, transmitting a draft Directors, African Development Foundation, sources. H.R. 562. A bill to approve and ratify of proposed legislation to authorize the Sec- transmitting a draft of proposed legislation certain transfers of land and natural re- retary of Defense to transfer property to the to amend the International Security and De- sources by or on behalf of the Delaware Na- local redevelopment authority (LRA) for a velopment Cooperation Act of 1980; to the tion of Indians, and for other purposes; with closed or realigned military installation, Committee on International Relations. an amendment (Rept. 106–207). Referred to without consideration, provided the LRA’s 2791. A letter from the Chairman, Board of the Committee of the Whole House on the reuse plan provides for the property to be Directors, African Development Foundation, State of the Union. used for job creation and the LRA uses the transmitting a draft of proposed legislation Mr. HASTINGS of Washington: Committee economic benefits from the property to rein- to authorize appropriations for the African on Rules. House Resolution 230. Resolution vest in the economic redevelopment of the Development Foundation; to the Committee providing for consideration of the bill (H.R. installation and the surrounding commu- on International Relations. 66) to preserve the cultural resources of the nity; to the Committee on Armed Services. 2792. A letter from the Secretary of Trans- 2781. A letter from the Secretary of De- portation, transmitting the semiannual re- Route 66 corridor and to authorize the Sec- fense, transmitting a report on Department port of the Inspector General for the period retary of the Interior to provide assistance of Defense Aviation Accident Investigations; ending March 30, 1999, pursuant to 5 U.S.C. (Rept. 106–208). Referred to the House Cal- to the Committee on Armed Services. app. (Insp. Gen. Act) section 5(b); to the endar. 2782. A letter from the Secretary of the In- Committee on Government Reform. Mr. HASTINGS of Washington: Committee terior, transmitting a draft of proposed legis- 2793. A letter from the Director, Office of on Rules. House Resolution 231. Resolution lation to establish a nonprofit education Personnel Management, transmitting a draft providing for consideration of the bill (H.R. foundation; to the Committee on Education of proposed legislation to eliminate two in- 592) to redesignate Great Kills Park in the and the Workforce. equities under current provisions of the Civil Gateway National Recreation Area as 2783. A letter from the Secretary of Labor, Service Retirement System (CSRS) and the ‘‘World War II Veterans Park at Great Kills’’ transmitting a draft of proposed legislation Federal Employees’ Retirement System (Rept. 106–209). Referred to the House Cal- to amend the Occupational Safety and (FERS); to the Committee on Government endar. Health Act of 1970 to enhance protections for Reform. Mr. HASTINGS of Washington: Committee employees reporting workplace hazards to 2794. A letter from the Director, Office of on Rules. House Resolution 232. Resolution the Occupational Safety and Health Admin- Personnel Management, transmitting a draft providing for consideration of the bill istration; to the Committee on Education of proposed legislation to amend the Federal (H.R. 791) to amend the National Trails Sys- and the Workforce. Employees Health Benefits (FEHB) law to tem Act to designate the route of the War of 2784. A letter from the Director, Office of enable the Federal Government to enroll an 1812 British invasion of Maryland and Wash- Regulatory Management and Information, employee and his or her family in the FEHB ington, District of Columbia, and the route Environmental Protection Agency, transmit- Program when a State court orders the em- of the American defense, for study for poten- ting the Agency’s final rule—Identification ployee to provide health insurance coverage tial addition to the national trails system of Additional Ozone Areas Attaining the 1– for a child of the employee but the employee (Rept. 106–210). Referred to the House Cal- Hour Standard and to Which the 1–Hour fails to provide the coverage; to the Commit- endar. Standard is No Longer Applicable [FRL–6344– tee on Government Reform. Mrs. MYRICK: Committee on Rules. House 4] received June 8, 1999, pursuant to 5 U.S.C. 2795. A letter from the Director, Office of Resolution 233. Resolution providing for con- 801(a)(1)(A); to the Committee on Commerce. Government Relations, Smithsonian Institu- sideration of the bill (H.R. 1218) to amend 2785. A letter from the Director, Office of tion, transmitting a copy of the ‘‘Annual title 18, United States Code, to prohibit tak- Regulatory Management and Information, Proceedings of the One-Hundred Seventh ing Minors across State lines in circumven- Environmental Protection Agency, transmit- Continental Congress’’ of the National Soci- tion of laws requiring the involvement of ting the Agency’s final rule—Approval and ety of the Daughters of the American Revo- parents in abortion decisions (Rept. 106–211). Promulgation of Implementation Plans; lution, pursuant to 36 U.S.C. 18b; to the Com- Ordered to be printed. California State Implementation Plan Revi- mittee on the Judiciary. Mr. HYDE: Committee of Conference. Con- sion, Six California Air Pollution Control 2796. A letter from the Director, Federal ference report on H.R. 775. A bill to establish Districts [CA 009–0137a FRL–6337–8] received Emergency Management Agency, transmit- certain procedures for civil actions brought May 11, 1999, pursuant to 5 U.S.C. ting a draft of proposed legislation to estab- for damages relating to the failure of any de- 801(a)(1)(A); to the Committee on Commerce. lish a working capital fund for the Federal vice or system to process or otherwise deal

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00096 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5091 with the transition from the year 1999 to the local schools; to the Committee on the Judi- By Mr. NEY: year 2000, and for other purposes (Rept. 106– ciary. H.R. 2381. A bill to prohibit United States 212). Ordered to be printed. By Mr. CANADY of Florida (for him- economic assistance for countries that ratify DISCHARGE OF COMMITTEE self, Mr. FROST, Mr. DOOLEY of Cali- the treaty known as the Rome Statute of the International Criminal Court, a treaty that Pursuant to clause 5 of rule X, the fornia, Mr. GOODE, Mr. BISHOP, Mr. DIAZ-BALART, Mr. WALSH, Mr. BAR- provides for the establishment of an Inter- Committee on Veterans Affairs dis- CIA, and Mr. BURTON of Indiana): national Criminal Court, an illegal and ille- charged. H.R. 1568 referred to the Com- H.R. 2372. A bill to simplify and expedite gitimate institution that violates the prin- mittee of the Whole House on the State access to the Federal courts for injured par- ciples of self-government and popular sov- of the Union. ties whose rights and privileges, secured by ereignty, as well as accepted norms of inter- the United States Constitution, have been f national law, and for other purposes; to the deprived by final actions of Federal agencies, Committee on International Relations. TIME LIMITATION OF REFERRED or other government officials or entities act- By Mr. NEY (for himself and Mr. BILL ing under color of State law; to prevent Fed- OXLEY): eral courts from abstaining from exercising H.R. 2382. A bill to promote the improve- Pursuant to clause 5 of rule X the fol- Federal jurisdiction in actions where no ment of information on, and protections lowing action was taken by the Speak- State law claim is alleged; to permit certifi- against, child sexual abuse; to the Commit- er: cation of unsettled State law questions that tee on the Judiciary, and in addition to the are essential to resolving Federal claims H.R. 1568. Referral to the Committee on Committee on Education and the Workforce, arising under the Constitution; and to clar- for a period to be subsequently determined Veterans’ Affairs extended for a period end- ify when government action is sufficiently ing not later than June 29, 1999. by the Speaker, in each case for consider- final to ripen certain Federal claims arising ation of such provisions as fall within the ju- f under the Constitution; to the Committee on risdiction of the committee concerned. the Judiciary. PUBLIC BILLS AND RESOLUTIONS By Mr. STUMP (for himself and Mr. By Mr. DEMINT (for himself and Mr. GIBBONS): Under clause 2 of rule XII, public BAIRD): H.R. 2383. A bill to authorize the Secretary bills and resolutions were introduced H.R. 2373. A bill to amend the Internal Rev- of the Interior to produce and sell products enue Code of 1986 to provide for Start-up and severally referred, as follows: and to sell publications relating to the Hoo- Success Accounts; to the Committee on ver Dam, and to deposit revenues generated By Mr. SMITH of New Jersey (for him- Ways and Means. from the sales into the Colorado River Dam self, Mr. LANTOS, Mr. GILMAN, and By Mr. FOSSELLA: fund; to the Committee on Resources. Ms. MCKINNEY): H.R. 2374. A bill to amend title 36, United By Mr. TAUZIN (for himself, Mr. MAR- H.R. 2367. A bill to reauthorize a com- States Code, to grant a Federal charter to KEY, and Mr. DINGELL): prehensive program of support for victims of the National Lighthouse Center and Mu- H.R. 2384. A bill to amend the Communica- torture; to the Committee on International seum; to the Committee on the Judiciary. tions Act of 1934 to authorize appropriations Relations, and in addition to the Committee By Mr. GILMAN: for the Corporation for Public Broadcasting; H.R. 2375. A bill to authorize a demonstra- on Commerce, for a period to be subse- to the Committee on Commerce. tion project to expand eligibility under ex- quently determined by the Speaker, in each By Mr. TRAFICANT: isting State prescription drug assistance pro- case for consideration of such provisions as H.R. 2385. A bill to require that the General grams for low-income seniors; to the Com- fall within the jurisdiction of the committee Accounting Office study and report on pos- mittee on Commerce. concerned. sible connections between the recurring inci- By Mr. GREEN of Wisconsin (for him- By Mr. YOUNG of Alaska: dence of violence by postal employees and self, Mr. SIMPSON, Mr. FLETCHER, Mr. H.R. 2368. A bill to assist in the resettle- workplace-related frustrations experienced DEMINT, Mr. HAYES, Mr. OSE, Mr. ment and relocation of the people of Bikini by postal workers generally; to the Commit- KUYKENDALL, Mr. RYAN of Wisconsin, Atoll by amending the terms of the trust tee on Government Reform. fund established during the United States Mr. SWEENEY, and Mrs. BIGGERT): H.R. 2376. A bill to require executive agen- By Mr. WEINER: administration of the Trust Territory of the H.R. 2386. A bill to amend the Expedited cies to establish expedited review procedures Pacific Islands; to the Committee on Re- Funds Availability Act to prohibit the impo- for granting a waiver to a State under a sources. sition of fees for any check returned due to By Mr. NETHERCUTT (for himself and grant program administered by the agency if another State has already been granted a insufficient funds for payment, other than a Mr. LAFALCE): similar waiver by the agency under such pro- fee imposed on the maker of the check, and H.R. 2369. A bill to amend title XVIII of the for other purposes; to the Committee on Social Security Act to provide for Medicare gram; to the Committee on Government Re- form. Banking and Financial Services. coverage of certain biologicals used in treat- By Ms. WOOLSEY: ing lower extremity ulcers in patients with By Mr. HOEFFEL: H.R. 2377. A bill to provide for a study and H.R. 2387. A bill to amend the Elementary diabetes; to the Committee on Commerce, report to the Congress on the use of antique and Secondary Education Act of 1965 to pro- and in addition to the Committee on Ways firearms in crime; to the Committee on the vide grants to local educational agencies to and Means, for a period to be subsequently Judiciary. encourage girls to pursue studies and careers determined by the Speaker, in each case for By Mr. HOUGHTON (for himself, Mr. in science, mathematics, and technology; to consideration of such provisions as fall with- SAM JOHNSON of Texas, Mr. SAM the Committee on Education and the Work- in the jurisdiction of the committee con- JOHNSON of Texas, Mr. LEVIN, Mr. force. cerned. LEVIN, Ms. DUNN, and Ms. DUNN): By Mr. GILMAN (for himself, Mr. CAL- By Mr. DOGGETT (for himself, Mr. H.R. 2378. A bill to amend the Internal Rev- LAHAN, Mr. GEJDENSON, Ms. PELOSI, SANDERS, Mr. FROST, Ms. EDDIE BER- enue Code of 1986 to clarify that advance Ms. SLAUGHTER, and Mrs. CAPPS): NICE JOHNSON of Texas, Mrs. MINK of pricing agreements between taxpayers and H. Con. Res. 144. Concurrent resolution Hawaii, Ms. RIVERS, Ms. SLAUGHTER, the Internal Revenue Service are confiden- urging the United States Government and Ms. HOOLEY of Oregon, Ms. MCCAR- tial return information; to the Committee on the United Nations to undertake urgent and THY of Missouri, Ms. VELAZQUEZ, Mrs. Ways and Means. strenuous efforts to secure the release of THURMAN, Mr. BONIOR, Mrs. MEEK of By Mr. INSLEE (for himself, Mr. Branko Jelen, Steve Pratt, and Peter Wal- Florida, Ms. CARSON, and Mrs. MCDERMOTT, and Mr. SMITH of Wash- lace, 3 humanitarian workers employed in MCCARTHY of New York): ington): the Federal Republic of Yugoslavia by CARE H.R. 2370. A bill to amend the Internal Rev- H.R. 2379. A bill to ensure that adequate International, who are being unjustly held as enue Code of 1986 to provide that no individ- frequencies of the electromagnetic spectrum prisoners by the Government of the Federal ual shall be denied unemployment compensa- are available for biomedical telemetry; to Republic of Yugoslavia; to the Committee on tion solely on the basis of leaving employ- the Committee on Commerce. International Relations. ment due to a reasonable fear of domestic vi- By Mr. MATSUI (for himself, Mr. NEAL By Mr. HASTINGS of Florida (for him- olence; to the Committee on Ways and of Massachusetts, Mr. LEWIS of Geor- self, Mr. LATOURETTE, Mr. TURNER, Means. gia, Mr. BECERRA, Mrs. THURMAN, Mr. Mr. SPRATT, Ms. CARSON, Mr. GUTIER- By Mr. BONIOR (for himself, Mr. WAXMAN, Ms. DELAURO, Mr. PALLONE, REZ, Ms. DEGETTE, Mr. ROMERO- FROST, Mr. STUPAK, Mr. FRANK of Mr. BROWN of Ohio, Mr. MINGE, Mr. BARCELO, Ms. BROWN of Florida, Mr. Massachusetts, Mr. MALONEY of Con- FROST, Mr. FILNER, Ms. LOFGREN, WYNN, Mr. WEXLER, Ms. KILPATRICK, necticut, Mr. CROWLEY, Mr. BARCIA, Mrs. LOWEY, Ms. LEE, Mr. HINCHEY, Mr. STUPAK, Mr. EVANS, Mr. PAYNE, Mr. CUMMINGS, and Ms. JACKSON-LEE Mr. KUCINICH, Mr. VENTO, Mr. LA- Mr. DAVIS of Florida, Mr. FROST, Mr. of Texas): FALCE, and Mr. BERMAN): MALONEY of Connecticut, Ms. EDDIE H.R. 2371. A bill to make schools safer by H.R. 2380. A bill to amend the Internal Rev- BERNICE JOHNSON of Texas, Mrs. waiving the local matching requirement enue Code of 1986 to provide incentives to re- MEEK of Florida, Mr. MARTINEZ, Mr. under the Community Policing program for duce energy consumption; to the Committee THOMPSON of Mississippi, Mr. TOWNS, the placement of law enforcement officers in on Ways and Means. Mr. BOYD, Mr. BISHOP, Mr.

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MCDERMOTT, Mr. LANTOS, Mr. incursion into Jammu and Kashmir, India; 130. Also, a memorial of the House of Rep- FALEOMAVAEGA, Mr. MEEHAN, Mr. to the Committee on International Rela- resentatives of the Commonwealth of The CLYBURN, Mr. SKELTON, Mr. MCIN- tions. Mariana Islands, relative to House Resolu- TYRE, Mr. RODRIGUEZ, Ms. JACKSON- By Mr. GALLEGLY (for himself, Mr. tion No. 11–140 memorializing the United LEE of Texas, Mr. DINGELL, Mr. MUR- ACKERMAN, Mr. BALLENGER, Mr. States House of Representatives to oppose THA, Mr. DEUTSCH, Ms. ESHOO, and GEJDENSON, Mr. DELAHUNT, Mr. FARR the passage of U.S. Congress H.R. 325, which Mr. SISISKY): of California, and Mr. DAVIS of Flor- would make federal wage provisions applica- H. Con. Res. 145. Concurrent resolution ex- ida): ble to the Commonwealth of the Northern pressing congratulations and thanks to H. Res. 228. A resolution expressing the Mariana Islands; to the Committee on Re- United States and NATO troops for success- sense of the House of Representatives regard- sources. fully bringing peace to Kosovo and halting ing the peace process in Colombia and call- 131. Also, a memorial of the Senate of the the brutal ethnic cleansing of Kosovar Alba- ing on the government and all other parties State of Hawaii, relative to Senate Concur- nians; to the Committee on International to the current conflict in Colombia to take rent Resolution No. 45 urging the United Relations. steps to advance the peace process so as to States government to restore redress funds By Mr. PALLONE: end the ongoing violence which continues to to compensate individuals of Japanese An- H. Con. Res. 146. Concurrent resolution ex- pose a serious threat to democracy, human cestry who were unjustly interned during pressing the sense of the Congress that the rights, and economic and social stability in World War II; to the Committee on the Judi- imposition of sanctions on persons under the that nation; to the Committee on Inter- ciary. Nuclear Proliferation Prevention Act of 1994 national Relations. 132. Also, a memorial of the Legislature of regarding exports to India or Pakistan By Mr. NADLER (for himself, Mr. GIL- the State of Arizona, relative to House Con- should be imposed only for direct and mate- MAN, Mr. WEINER, and Mrs. LOWEY): current Memorial No. 2006 memorializing the rial contributions to nuclear weapons and H. Res. 229. A resolution expressing the President of the United States and the Fed- the missiles for delivering them; to the Com- sense of the House of Representatives that eral Bureau of Prisons to transfer Peter Mac- mittee on International Relations. Rabbi Morris Sherer should be recognized for Donald to a state prison facility; to the Com- By Ms. SCHAKOWSKY (for herself, Mr. his leadership role in the growth and devel- mittee on the Judiciary. GILMAN, Mr. GEJDENSON, Mrs. KELLY, opment of the Orthodox Jewish community 133. Also, a memorial of the Legislature of and Mrs. MALONEY of New York): in the United States and for fostering reli- the State of Hawaii, relative to Senate Reso- H. Con. Res. 147. Concurrent resolution gious liberty and understanding around the lution No. 25 memorializing the United commending the decision to grant women in world; to the Committee on the Judiciary. States government to restore redress funds Kuwait the right to vote and run for elected f to pay all outstanding Japanese American office; to the Committee on International and Japanese Latin American redress claims Relations. MEMORIALS and to fulfill the educational mandate of the By Mr. OSE (for himself, Mr. MATSUI, Under clause 3 of rule XII, memorials Act; to the Committee on the Judiciary. Mr. LANTOS, Mr. POMBO, Mr. DOO- were presented and referred as follows: 134. Also, a memorial of the House of Rep- LITTLE, Mr. HERGER, Mr. LEWIS of 124. The SPEAKER presented a memorial resentatives of the State of Hawaii, relative California, Ms. PELOSI, Mr. CALVERT, of the House of Representatives of the State to House Joint Resolution No. 7 H.D. 1 me- Mr. THOMAS, Mr. HORN, Mrs. BONO, of New Hampshire, relative to House Resolu- morializing the United States Congress to Mr. BILBRAY, Mr. KUYKENDALL, Mr. tion No. 9 memorializing the federal govern- expand and make the visa waiver program BAIRD, Mr. MEEKS of New York, Mr. ment to make full funding of the Land and permanent; and to add Taiwan, South Korea, CONDIT, Mr. COX, Mr. DREIER, Mr. Resource Management Plan its highest pri- and China to the visa waiver program; to the GILMAN, Mr. HOLT, Mr. KUCINICH, Mr. ority regarding its ownership and manage- Committee on the Judiciary. WAXMAN, Mr. STARK, Mr. HOUGHTON, ment of the White Mountain National For- 135. Also, a memorial of the Senate of the Mr. CAMPBELL, Mr. GOODE, Mr. CROW- est; to the Committee on Agriculture. State of Nevada, relative to Senate Joint LEY, Mrs. JONES of Ohio, Mr. 125. Also, a memorial of the General As- Resolution No. 21 memorializing concern re- CUNNINGHAM, Ms. EDDIE BERNICE sembly of the State of Nevada, relative to garding proposals redefining the space in JOHNSON of Texas, Ms. BERKLEY, Mr. Assembly Joint Resolution No. 15 memori- which an aircraft may be flown over the ABERCROMBIE, Mr. HUTCHINSON, Mr. alizing Congress to rectify inequities that Grand Canyon; to the Committee on Trans- BRADY of Texas, Ms. SANCHEZ, Mr. occur between federal and state regulatory portation and Infrastructure. NETHERCUTT, Mr. BLUMENAUER, Mr. agencies regarding the Employee Retirement 136. Also, a memorial of the Legislature of WALDEN of Oregon, Mr. WATKINS, Mr. Income Security Act of 1974 as it relates to the State of Colorado, relative to Senate POMEROY, Mr. RADANOVICH, Mr. appeals processes; to the Committee on Edu- Joint Resolution 99–023 memorializing the MCKEON, Mr. ROGAN, Mr. THOMPSON cation and the Workforce. President of the United States and Congress of California, Mr. WEINER, Mr. 126. Also, a memorial of the House of Rep- to ensure that no further funding of the DEUTSCH, Mr. DIXON, Mr. SHERMAN, resentatives of the State of Hawaii, relative United States Army Corps of Engineers Mr. ROTHman, Mr. NADLER, Mrs. to House Concurrent Resolution No. 219 me- should be provided for the Cherry Creek CAPPS, Mr. FARR of California, Mr. morializing the United States Congress, the Basin Study until the United States Army DOOLEY of California, Mr. LEWIS of President of the United States, and the Sec- Corps of Engineers completes an independent Georgia, Mr. BERMAN, Mr. BECERRA, retary of Health and Human Services to sup- peer review of the National Weather Service Mr. MARTINEZ, Ms. BALDWIN, Ms. port the Hawaii Congressional delegation to data in order to determine the appropriate WOOLSEY, Mr. TIERNEY, Mrs. amend the Social Security Act to increase design flood for the Cherry Creek Basin; to MALONEY of New York, Mr. FROST, Hawaii’s Federal Medical Assistance Per- the Committee on Transportation and Infra- Mr. MCNULTY, Mr. GEORGE MILLER of centage; to the Committee on Commerce. structure. California, Mr. HOBSON, Mr. PALLONE, 127. Also, a memorial of the Legislature of 137. Also, a memorial of the Legislature of Mr. CAPUANO, Mr. GARY MILLER of the State of Nebraska, relative to Legisla- the State of Idaho, relative to House Joint California, Mr. FORBES, Ms. tive Resolution No. 43 memorializing Con- Memorial No. 01 memorializing Idaho’s con- SCHAKOWSKY, Mr. ROYCE, Mr. PACK- gress to direct the federal Environmental gressional delegation to support funding for ARD, Mr. HASTINGS of Florida, Mr. Protection Agency to curtail implementa- a national veterans cemetery in Idaho to HALL of Texas, Mrs. MEEK of Florida, tion of new restrictions from its Reregistra- serve veterans in the northwestern states; to and Mr. ACKERMAN): tion Eligibility Decision (RED) on phosphide the Committee on Veterans’ Affairs. H. Res. 226. A resolution expressing the gas that would require a 500-foot buffer zone 138. Also, a memorial of the Legislature of sense of the House of Representatives con- and other restrictions that effectively pre- the State of Idaho, relative to House Joint demning the acts of arson at three Sac- clude the use of aluminum or magnesium Memorial No. 3 memorializing the Congress ramento, California, area synagogues on phosphide in most of Nebraska’s grain stor- to look at repealing the estate and gift tax June 18, 1999, and affirming its opposition to age facilities and grain transportation; to or to increase the exemption substantially; such crimes; to the Committee on the Judici- the Committee on Commerce. to the Committee on Ways and Means. ary. 128. Also, a memorial of the House of Rep- 139. Also, a memorial of the General As- By Mr. GILMAN (for himself, Mr. resentatives of the State of Missouri, rel- sembly of the State of Nevada, relative to GEJDENSON, Mr. BROWN of Ohio, Mr. ative to House Concurrent Resolutions Nos. Assembly Joint Resolution No. 12 memori- GREENWOOD, Mr. ACKERMAN, Mr. 24 and 15 memorializing support of state re- alizing the Federal Government to invest all MCCOLLUM, Mr. BLAGOJEVICH, Mr. tention of all state tobacco settlement funds; surplus money in the Federal Insurance Con- PALLONE, Mr. STEARNS, Mr. FRANKS to the Committee on Commerce. tributions Act for the benefit of the Social of New Jersey, Mr. RUSH, Mr. MEEKS 129. Also, a memorial of the Legislature of Security system; to the Committee on Ways of New York, Mr. WEXLER, Mr. the State of Idaho, relative to House Joint and Means. MENENDEZ, and Ms. EDDIE BERNICE Memorial No. 2 memorializing the Congress 140. Also, a memorial of the House of Rep- JOHNSON of Texas): of the United States to pass legislation re- resentatives of the State of Vermont, rel- H. Res. 227. A resolution expressing the allocating funding to the states from the ative to House Joint Resolution No. 113 me- sense of the Congress in opposition to the Federal Land and Water Conservation Fund; morializing the Congress not to enact laws Government of Pakistan’s support for armed to the Committee on Resources. that might diminish or undermine a unified

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00098 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 June 29, 1999 CONGRESSIONAL RECORD — HOUSE H5093 and stable Social Security system; to the ADDITIONAL SPONSORS H.R. 984: Mr. RADANOVICH. Committee on Ways and Means. H.R. 987: Mr. STEARNS, Mr. MCCOLLUM, Mr. Under clause 7 of rule XII, sponsors 141. Also, a memorial of the Senate of the HUNTER, and Mr. CAMPBELL. State of Hawaii, relative to Senate Concur- were added to public bills and resolu- H.R. 1041: Mr. METCALF. rent Resolution No. 132 S.D. 1 memorializing tions as follows: H.R. 1063: Mr. PETERSON of Minnesota and the United States Environmental Protection H.R. 8: Mr. TOWNS, Mr. COMBEST, Mr. Mr. LEWIS of Georgia. Agency to implement the 1996 Food Quality GEKAS, Mr. BARTON of Texas, Mr. COOKSEY, H.R. 1070: Mr. PETRI, Mr. GANSKE, Mr. Protection Act using sound science and real- Mr. GREENWOOD. BACHUS, Mr. HASTINGS of Florida, and Mr. world data from the data call-in process for H.R. 44: Mr. BARCIA, Mr. LUCAS of Okla- FRANKS of New Jersey. realistic risk assessments; jointly to the homa, Mr. INSLEE. H.R. 1071: Mr. HOLDEN. Committees on Agriculture and Commerce. H.R. 65: Mr. BARCIA and Mr. INSLEE. H.R. 1083: Mr. SCARBOROUGH. 142. Also, a memorial of the Senate of the H.R. 72: Mr. PACKARD. H.R. 1095: Ms. SCHAKOWSKY, Mr. PAYNE, Mr. State of Colorado, relative to Senate Joint H.R. 110: Mr. SCOTT, Mr. ABERCROMBIE, and SABO, Mr. LIPINSKI, Mr. SMITH of Washing- Resolution No. 99–29 memorializing the Mr. GILCHREST. ton, and Mr. PETERSON of Minnesota. President, the Congress, and the government H.R. 119: Mr. PICKERING, Mr. HERGER, and H.R. 1102: Mrs. BONO, Mr. GARY MILLER of of the United States to take all actions nec- Mr. CAPUANO. California, Ms. HOOLEY of Oregon, Mr. essary to provide for the common defense H.R. 202: Mr. CALVERT. BLUMENAUER, Mr. PETRI, Mr. KENNEDY of and protect on an equal basis all people, re- H.R. 218: Mr. SMITH of New Jersey. Rhode Island, Ms. PELOSI, Mr. COSTELLO, Mr. sources, and states of the United States from H.R. 274: Mr. SANDERS, Mr. UPTON, Mr. MINGE, Mr. DIAZ-BALART, Mrs. ROUKEMA, and the threat of missile attack, regardless of DOOLEY of California, Mr. WISE, Mr. SISISKY, Mr. BALLENGER. the physical location of each state of the Mr. KLINK, and Mr. DAVIS of Illinois. H.R. 1111: Mr. CARDIN and Mr. DOYLE. union; jointly to the Committees on Armed H.R. 303: Mr. BARCIA, Mr. JEFFERSON, Mr. H.R. 1180: Mr. SERRANO, Mr. OBEY, Mr. Services and International Relations. LUCAS of Oklahoma, Mr. MORAN of Kansas, COOK, Mr. HASTINGS of Florida, Mr. ABER- 143. Also, a memorial of the Senate of the Mr. ENGLISH, and Mr. HOYER. CROMBIE, Mr. SNYDER, Mr. BOSWELL, Mr. State of Hawaii, relative to House Resolu- H.R. 306: Mr. DINGELL. GRAHAM, Mr. SMITH of Michigan, Mr. UDALL tion No. 56 H.D. 1 memorializing the United H.R. 325: Mr. MURTHA, Mr. PRICE of North of Colorado, Mr. ROMERO-BARCELO, Mr. WU, States Environmental Protection Agency to Carolina, and Mr. SERRANO. Mr. ENGEL, Mr. HOUGHTON, and Mr. HOLDEN. implement the 1996 Food Quality Protection H.R. 358: Mr. SANDERS. H.R. 1190: Mr. OBEY and Mr. BAIRD. Act using sound science and real-world data H.R. 383: Mr. WALSH and Ms. MCKINNEY. H.R. 1193: Mr. GORDON and Mr. RANGEL. from the data call-in process for realistic H.R. 405: Mr. RADANOVICH. H.R. 1202: Mr. FALEOMAVAEGA and Mr. risk assessments; jointly to the Committees H.R. 425: Mr. LANTOS, Mr. COYNE, Mrs. GUTIERREZ. on Commerce and Agriculture. MORELLA, and Mrs. MALONEY of New York. H.R. 1217: Mr. PETERSON of Minnesota, Mr. 144. Also, a memorial of the Senate of the H.R. 464: Mr. HOBSON, Mr. DEMINT, Mr. LAMPSON, Mr. MCNULTY, Mr. TIERNEY, Ms. State of Colorado, relative to Senate Joint DAVIS of Illinois, Mrs. WILSON, and Mr. LEWIS VELAZQUEZ, Mr. HOEFFEL, Mr. DAVIS of Illi- Resolution No. 99–12 memorializing the of California. nois, and Mr. CONYERS. United States Bureau of the Census to con- H.R. 488: Mr. THOMPSON of Mississippi, Ms. H.R. 1221: Mr. SABO, Mrs. FOWLER, Mr. duct the 2000 decennial census consistent SCHAKOWSKY, and Mr. FRANK of Massachu- STEARNS, Mr. ANDREWS. with the U.S. Supreme Court ruling in the setts. H.R. 1238: Mrs. THURMAN and Ms. MCKIN- Department of Commerce and Glavin cases, H.R. 531: Mr. COSTELLO. NEY. which requires a traditional headcount of H.R. 534: Mr. FORBES and Mr. WAMP. H.R. 1239: Mr. WU, Mr. ROEMER, Mr. OWENS the population and bars the use of statistical H.R. 557: Mr. PICKETT, Mr. HOSTETTLER, and Mr. SNYDER. H.R. 1243: Mr. FALEOMAVAEGA, Mr. sampling to create or adjust the count; joint- and Mr. PITTS. PALLONE, Mrs. NAPOLITANO, Mr. ORTIZ, and ly to the Committees on Government Reform H.R. 566: Mr. WATT of North Carolina. Mr. VENTO. and the Judiciary. H.R. 595: Mr. SABO. H.R. 628: Mr. SENSENBRENNER. H.R. 1256: Mr. GONZALEZ, Mr. WATTS of 145. Also, a memorial of the Senate of the H.R. 642: Mr. HERGER, Mr. DOOLITTLE, and Oklahoma, and Mr. TAUZIN. State of Colorado, relative to Senate Joint Mr. KUYKENDALL. H.R. 1260: Mrs. MEEK of Florida and Mr. Memorial No. 99–5 memorializing Congress H.R. 643: Mr. HERGER, Mr. DOOLITTLE, and PAUL to refrain from enacting any pay increase for Mr. KUYKENDALL. H.R. 1272: Mr. HUTCHINSON. members of Congress without an affirmative H.R. 653: Mr. ARMEY. H.R. 1283: Mr. GALLEGLY and Mr. GOODLING. vote or that takes effect before the following H.R. 690: Mr. CUNNINGHAM. H.R. 1300: Mr. FROST, Mr. FRANKS OF New Congress has been elected and fully sworn H.R. 701: Mrs. MYRICK, Mr. JENKINS, Mr. Jersey, Mr. FRANK of Massachusetts, and Mr. into office; jointly to the Committees on ETHERIDGE, Mr. LUCAS of Oklahoma, Mr. BALDACCI. Government Reform and House Administra- LATOURETTE, Mr. FOLEY, Mr. KIND, and Mr. H.R. 1305: Mr. PAYNE. tion. VITTER. H.R. 1313: Mr. HINCHEY, Mr. JEFFERSON, Mr. 146. Also, a memorial of the Legislature of H.R. 710: Mr. SNYDER, Mr. STRICKLAND, Mr. ACKERMAN, Mr. PRICE of North Carolina, and the State of Arizona, relative to Senate Con- MCINNIS, and Mr. REYES. Mr. HOEFFEL. current Memorial 1001 memorializing the H.R. 716: Mr. WYNN and Mr. CARDIN. H.R. 1315: Mr. MARTINEZ. Congress of the United States to take steps H.R. 721: Mr. PETERSON of Minnesota, Mrs. H.R. 1326: Mr. PASTOR, Mr. HYDE, and Mr. to address the problems of the Medicare re- EMERSON, and Mr. COX. SNYDER. imbursement rates differential between H.R. 728: Mr. ISAKSON and Mr. BOSWELL. H.R. 1329: Mr. SAXTON. urban and rural areas and attempt to estab- H.R. 760: Mr. CAPUANO. H.R. 1361: Ms. MILLENDER-MCDONALD and lish a reimbursement system that will result H.R. 777: Mr. ORTIZ. Mr. WYNN. in more equitable health care coverage for H.R. 783: Mr. FROST, Mr. RAHALL, Mr. H.R. 1381: Mr. MILLER of Florida. seniors in rural areas of the country; jointly SANDLIN, and Mr. BARCIA. H.R. 1441: Mr. HALL of Texas and Mr. NEY. to the Committees on Ways and Means and H.R. 784: Mr. BARCIA. H.R. 1482: Mr. BERMAN. Commerce. H.R. 804: Mr. BISHOP. H.R. 1484: Mr. BILBRAY. 147. Also, a memorial of the Legislature of H.R. 817: Mr. FLETCHER. H.R. 1515: Mr. ENGLISH, Mr. MINGE, Mr. the State of Idaho, relative to House Concur- H.R. 827: Ms. LEE, Mr. PASTOR, Mr. DIXON, LANTOS, Mrs. CLAYTON, Mr. BERMAN, Ms. rent Resolution No. 28 memorializing sup- Mr. BLUMENAUER, and Mr. CUMMINGS. SCHAKOWSKY, Mr. MALONEY of Connecticut, port for the efforts of the U.S. Department of H.R. 840: Mr. DAVIS of Illinois. Mr. PASCRELL, Mr. BORSKI, Mr. RAMSTAD, Justice to accomplish the much needed pro- H.R. 852: Mr. CRANE, Ms. DANNER, Mr. INS- Mr. BISHOP, Mr. BONIOR, Mr. HOLDEN, Mr. LA- gram coordination through the creation of LEE, Mr. GILMAN, Mr. SAXTON, and Mr. FALCE, and Ms. MILLENDER-MCDONALD. the National Domestic Preparedness Office; THOMPSON of Mississippi. H.R. 1531: Mr. GREEN of Texas. jointly to the Committees on the Judiciary, H.R. 859: Mr. HAYWORTH. H.R. 1540: Mr. ARMEY. Armed Services, Transportation and Infra- H.R. 884: Mr. DAVIS of Illinois. H.R. 1568: Mr. SANDLIN, Mr. LEWIS of Cali- structure, Commerce, and Agriculture. H.R. 922: Mr. ADERHOLT. fornia, Mr. LAZIO, Mr. LAMPSON, Mrs. f H.R. 924: Mr. HOSTETTLER. MORELLA, Ms. EDDIE BERNICE JOHNSON of H.R. 933: Mr. BLAGOJEVICH, Mr. FRANK of Texas, Mr. HULSHOF, Ms. KAPTUR, Mr. PRIVATE BILLS AND Massachusetts, Mr. MURTHA, and Ms. HAYWORTH, Ms. LEE, Mr. HUNTER, and Mr. RESOLUTIONS STABENOW. UNDERWOOD. H.R. 977: Ms. LEE and Mr. SMITH of New H.R. 1592: Mr. TANCREDO, Mr. EDWARDS, Mr. Under clause 3 of rule XII, Jersey. HOUGHTON, and Mr. HOBSON. Mr. MOORE introduced A bill (H.R. 2388) H.R. 979: Mr. DAVIS of Illinois, Mr. ROTH- H.R. 1594: Mr. GEORGE MILLER of Califor- for the relief of Lieutenant Colonel (retired) MAN, Mr. INSLEE, Mr. MEEHAN, Ms. EDDIE nia, Mr. LEWIS of Georgia, Mr. KENNEDY of Robert L. Stockwell, United States Army; BERNICE JOHNSON of Texas, Mr. DELAHUNT, Rhode Island, Ms. DELAURO, Mr. MENENDEZ, which was referred to the Committee on the Mr. NADLER, Mr. THOMPSON of Mississippi, Mr. HOYER, Mrs. TAUSCHER, Ms. SCHAKOWSKY, Judiciary. and Mr. MURTHA. Mr. PASTOR, and Mr. ABERCROMBIE.

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H.R. 1628: Mr. MCCOLLUM, Ms. ROS- H.R. 2202: Mr. STARK. H. Con. Res. 134: Mr. UNDERWOOD, Mr. LEHTINEN, and Mr. DIAZ-BALART. H.R. 2239: Mr. GILMAN, Mr. ISAKSON, and WYNN, Mr. FROST, and Mr. GUTIERREZ. H.R. 1661: Ms. DEGETTE. Mr. WYNN. H. Con. Res. 139: Mr. HOEFFEL, Mrs. MINK H.R. 1686: Mr. GEKAS, Mr. SMITH of Texas, H.R. 2240: Mr. ALLEN, Mr. NADLER, Mr. of Hawaii, Mr. SHERWOOD, Mr. BLAGOJEVICH, Mr. MEEHAN, Mr. EWING, Mr. SKEEN, Mrs. COOK, Mr. COSTELLO, Mr. MCNULTY, Mr. and Ms. JACKSON-LEE of Texas. JONES of Ohio, Mr. NEAL of Massachusetts, FROST, and Mrs. CHRISTENSEN. H. Con. Res. 140: Mr. THOMPSON of Mis- Mr. CAPUANO, Mr. MCGOVERN, Mr. OLVER, H.R. 2243: Mr. SOUDER. sissippi, Mrs. MEEK of Florida, Ms. BROWN of Mr. BARTLETT of Maryland, Mr. BAKER, Mr. H.R. 2260: Mr. GOODLING, Mr. WATTS of Florida, Mr. HILLIARD, Mr. KLECZKA, Ms. SESSIONS, and Mr. BRADY of Texas. Oklahoma, Mr. THUNE, Mr. SOUDER, Mr. ROS-LEHTINEN, Mr. DEUTSCH, Mr. PASTOR, H.R. 1770: Mr. HOYER. DEAL of Georgia, Mr. KILDEE, Mr. BRADY of Mr. ACKERMAN, and Mr. DAVIS of Florida. H.R. 1776: Mr. ISAKSON, Mr. STENHOLM, Mr. Texas, and Mr. RADANOVICH. H. Res. 16: Mr. METCALF. LOBIONDO, Mr. HOYER, Mr. MALONEY of Con- H.R. 2282: Mr. HOSTETTLER and Mr. PITTS. H. Res. 17: Mr. BRADY of Texas. necticut, Mr. RILEY, Mr. SWEENEY, Mr. H.R. 2300: Mr. BARTON of Texas, Mr. SEN- H. Res. 115: Mr. BARRETT of Wisconsin. GREENWOOD, Mrs. MEEK of Florida, Mr. BAR- SENBRENNER, Mr. KING, Mr. HAYWORTH, Mr. H. Res. 181: Mr. CAMPBELL. CIA, Mr. LUCAS of Kentucky, Mr. LAMPSON, WOLF, Mr. COLLINS, Mr. DREIER, Mrs. H. Res. 208: Mr. BISHOP, Mr. SHOWS, Mr. Mr. MASCARA, Mr. BARR of Georgia, Mr. FOWLER, Mr. STEARNS, Mr. NETHERCUTT, Mr. REYES, Mr. FROST, Mr. STUPAK, and Ms. LEE. PICKETT, Mr. LATOURETTE, Mr. PITTS, Mr. WELDON of Florida, Mr. KINGSTON, and Mr. H. Res. 214: Mr. ENGLISH. SIMPSON, and Mr. DEFAZIO. COX. H. Res. 219: Mr. FARR of California, Mrs. H.R. 1777: Mr. LOBIONDO and Mr. SANDLIN. H.R. 2306: Ms. ROYBAL-ALLARD, Mr. BECER- NAPOLITANO, Mr. BECERRA, Ms. WOOLSEY, Ms. H.R. 1778: Mr. HALL of Texas. RA, Mr. PASTOR, Mr. ROMERO-BARCELO, Mr. WATERS, Ms. ROYBAL-ALLARD, and Mr. H.R. 1784: Mr. ROYCE and Mr. JEFFERSON. REYES, Mr. RODRIGUEZ, Mrs. NAPOLITANO, Mr. FROST. H.R. 1794: Mr. HASTINGS of Florida, Mr. HINOJOSA, Ms. SANCHEZ, Mr. SERRANO, Mr. CAMPBELL, Mr. STARK, Mr. BILBRAY and Mr. LEWIS of Georgia, Mr. TOWNS, Mr. CLAY, Mr. f STRICKLAND. DIXON, Mr. WYNN, Ms. EDDIE BERNICE JOHN- H.R. 1795: Mrs. JOHNSON of Connecticut and SON of Texas, Mr. RANGEL, Mr. WATT of PETITIONS, ETC. Mr. HORN. North Carolina, Mr. CONYERS, Ms. JACKSON- Under clause 3 of rule XII, petitions H.R. 1796: Mrs. MORELLA. LEE of Texas, Ms. BROWN of Florida, Ms. WA- and papers were laid on the clerk’s H.R. 1824: Mr. COMBEST, Mr. LEWIS of Ken- TERS, Mr. CUMMINGS, Mr. CLYBURN, Mr. desk and referred as follows: tucky, and Mr. BARCIA. MEEKS of New York, Mr. HASTINGS of Flor- H.R. 1840: Mr. WYNN and Mrs. BONO. ida, Ms. LEE, Mr. HILLIARD, Ms. KILPATRICK, 21. The SPEAKER presented a petition of H.R. 1850: Mr. CAPUANO. Mr. BISHOP, Mr. LARSON, Mr. PAYNE, Mrs. Evergreen Union School District, California, H.R. 1863: Mr. SMITH of Washington. CHRISTENSEN, Mr. OWENS, Mr. ORTIZ, Mr. relative to Resolution No. 16–98/99 petition- H.R. 1868: Mr. HINCHEY, Mr. GREEN of GONZALEZ, Mr. MENENDEZ, Mr. THOMPSON of ing the Congress to appropriate funds for Texas, Mr. CHAMBLISS, and Mr. STENHOLM. Mississippi, Mr. FORD, Mr. JEFFERSON, Ms. IDEA to the full authorized level of funding H.R. 1871: Mr. MEEHAN and Mr. WAXMAN. MCKINNEY, and Mr. RUSH. for 40 percent of the excess costs of providing H.R. 1883: Ms. DUNN, Mr. FARR of California H.R. 2308: Mr. REGULA, Mr. LOBIONDO, Mr. special education and related services; to the Mrs. THURMAN, Mr. ENGEL, Mr. MCINTYRE, WOLF, Mr. GONZALEZ, Mrs. CAPPS, Ms. EDDIE Committee on Education and the Workforce. Ms. GRANGER, Mr. WELLER, Mr. SMITH of BERNICE JOHNSON of Texas, Mr. GUTIERREZ, 22. Also, a petition of Corning Union High Washington, Mr. MALONEY of Connecticut, Mr. FOLEY, Ms. ESHOO, Mr. RANGEL, and Ms. School of Tehama County, CA, relative to Mr. WU, Mr. HORN, Mr. VISCLOSKY, Ms. HOOLEY of Oregon. Resolution No. 212 petitioning Congress to ESHOO, Mr. ETHERIDGE, Mr. LUCAS of Okla- H.R. 2318: Mr. MCINNIS. restore parity to students by appropriating homa, Mr. ROTHMAN, Mr. CAMP, Mr. GREEN of H.R. 2341: Mr. PRICE of North Carolina, Mr. funds for IDEA to the full authorized level of Wisconsin, Mr. UNDERWOOD, Ms. ROS- NORWOOD, Mr. HILLIARD, Mr. THOMPSON of funding; to the Committee on Education and LEHTINEN, Mr. STEARNS, Mr. SABO, Mr. POR- Mississippi, Mr. FROST, and Mr. DAVIS of Illi- the Workforce. TER, Mr. MCDERMOTT, Mr. LUCAS of Ken- nois. 23. Also, a petition of Richfield School Dis- tucky, Mr. THOMPSON of California, Mr. H.J. Res. 56: Mr. GILMAN. trict, Corning, California, relative to Resolu- NETHERCUTT, Mr. KLINK, Mr. BLILEY, Mr. H. Con. Res. 30: Mr. SAM JOHNSON of Texas. tion No. 48 petitioning the California Legis- GOODLING, Mr. BAIRD, Mr. DEAL of Georgia, H. Con. Res. 34: Mr. CONYERS and Mr. RA- lature and the Governor to continue current Mr. TURNER, Mr. WEYGAND, Mr. NADLER, Mr. HALL. levels of state funding for special education SIMPSON, Mr. HOLDEN, Mr. HOEFFEL, Ms. RIV- H. Con. Res. 57: Mr. BLILEY, Mr. SHOWS, and permit increased federal funding for ERS, Mr. BORSKI, Ms. BERKLEY, Mr. DELAY, Mrs. MALONEY of New York, Mr. SHAYS, Mr. IDEA; to the Committee on Education and Mr. SHIMKUS, Mr. POMBO, Mr. SESSIONS, Mr. GOODLATTE, Mr. CALVERT, Mr. MALONEY of the Workforce. CANNON, Mr. LEVIN, Ms. SANCHEZ, Mr. HILL of Connecticut, Mr. TRAFICANT, and Mr. Scott. 24. Also, a petition of Hughes-Elizabeth Montana, Mr. PAYNE, Mr. VENTO, Mr. H. Con. Res. 58: Mr. HOLDEN. Lakes School District, Lake Hughes, Califor- PASCRELL, Mr. METCALF, Mr. HALL of Texas, H. Con. Res. 77: Mrs. KELLY. nia, relative to Resolution No. 7–98–99 peti- Mr. CUNNINGHAM, Mr. MILLER of Florida, and H. Con. Res. 79: Mr. SPRATT, Mr. BORSKI, tioning Congress, the California Legislature Mr. TANCREDO. Mr. DREIER, Ms. KAPTUR, Mr. THOMPSON of and the Governor to restore parity between H.R. 1907: Mr. SMITH of Washington, Mrs. Mississippi, and Mrs. WILSON. students by continuing current statutory TAUSCHER, and Ms. ESHOO. H. Con. Res. 80: Mr. MCNULTY, Mrs. LOWEY, levels of funding for special education and to H.R. 1910: Mr. FROST, Ms. KAPTUR, Mr. Mr. RADANOVICH, Mr. GUTIERREZ, Ms. KAP- permit increased federal funding of IDEA; to STARK, Mr. WYNN, and Mr. RAHALL. TUR, Mr. BONIOR, Mrs. MORELLA, and Mr. the Committee on Education and the Work- H.R. 1917: Mr. MARTINEZ, Ms. STABENOW, PAYNE. force. Mr. CLEMENT, Mr. PHELPS, Mr. COMBEST, Mr. H. Con. Res. 100: Ms. PELOSI, Mr. STARK, 25. Also, a petition of LaSalle County MALONEY of Connecticut, and Mr. WHITFIELD. Mrs. BONO, Mr. TALENT, and Ms. ESHOO. Board, LaSalle Illinois, relative to Resolu- H.R. 1926: Mr. CRAMER and Mr. DEAL of H. Con. Res. 101: Mr. LATOURETTE. tion 99–227 petitioning the Senate and the Georgia. H. Con. Res. 113: Mrs. THURMAN. House of Representatives of the United H.R. 1993: Mr. RODRIGUEZ. H. Con. Res. 117: Mr. GILMAN. States of America in Congress to enact legis- H.R. 2077: Mr. PALLONE and Mr. MALONEY H. Con. Res. 119: Mr. WYNN. lation requiring all governmental posts to of Connecticut. H. Con. Res. 121: Ms. KAPTUR. fly the flag of the United States at half staff H.R. 2088: Mr. SCARBOROUGH. H. Con. Res. 130: Ms. CARSON. to honor all those individuals who died as H.R. 2125: Mr. PASTOR and Mr. OWENS. H. Con. Res. 132: Mr. ENGLISH, Ms. CARSON, the result of their service at Pearl Harbor on H.R. 2136: Mr. DUNCAN. Ms. BROWN of Florida, and Ms. MCKINNEY. December 7, 1941 and urging all Americans to H.R. 2187: Mr. OXLEY, Mrs. MYRICK, Mr. H. Con. Res. 133: Mr. FRANKS of New Jer- do likewise; to the Committee on the Judici- STUPAK, and Mr. LATOURETTE. sey. ary.

VerDate 26-APR-99 09:38 Jul 27, 1999 Jkt 069060 PO 00000 Frm 00100 Fmt 7634 Sfmt 0634 E:\PICKUP\H29JN9.REC atx006 PsN: atx006 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, TUESDAY, JUNE 29, 1999 No. 94 Senate The Senate met at 10:30 a.m. and was lessly for the betterment of all the peo- tween the two leaders. The Senate is called to order by the President pro ple of this great Nation, that we wit- then expected to resume consideration tempore [Mr. THURMOND]. ness in our time the fulfillment of the of the pending and long-suffering agri- The PRESIDENT pro tempore. To- vision of the Psalmist, ‘‘They that sow culture appropriations bill. Therefore, day’s prayer will be offered by our in tears, shall reap in joy,’’ so that votes are expected to occur. guest Chaplain, Rabbi Shimshon from all the upheavals which shatter I thank my colleagues for their at- Sherer, Congregation Khai Zichron the soul of society today shall emerge tention. Mordechai, Brooklyn, NY. a new world of hope, tranquility, and The PRESIDENT pro tempore. The We are pleased to have you with us. serenity, for the glory of God and all able Senator from Pennsylvania. mankind. Amen. Mr. SPECTER. I thank the Chair. PRAYER Mr. President, I thank my distin- f The guest Chaplain, Rabbi Shimshon guished colleague, Senator MOYNIHAN, for yielding 2 minutes prior to the time Sherer, offered the following prayer: PLEDGE OF ALLEGIANCE that his special order takes effect. Our Father in heaven: We stand be- The PRESIDENT pro tempore. Sen- f fore Thee in humble supplication as we ator SPECTER will now lead the Senate yearn for divine inspiration, for guid- in the Pledge of Allegiance. RABBI MORRIS SHERER ance, and for wisdom. We turn to Thee The Honorable ARLEN SPECTER, a Mr. SPECTER. Mr. President, I have in gratitude for this group of excep- Senator from the State of Pennsyl- sought this recognition to compliment tional men and women of good faith vania, led the Pledge of Allegiance, as Rabbi Sherer, who has just delivered dedicated to this great Nation and to follows: the Senate prayer. all its people. I pledge allegiance to the Flag of the We are recognizing the outstanding We bless Thee, O God, for a most pre- United States of America, and to the Repub- work of Rabbi Sherer’s father, also cious gift that Thou bestowed upon the lic for which it stands, one Nation under Rabbi Sherer, who died a little more United States of America, upon the God, indivisible, with liberty and justice for than a year ago. Present today in the Jewish people, and indeed upon all of all. Senate gallery are some 200 representa- mankind, in a person, a man of history f tives of a national convocation to rec- who came to be a symbol of visionary RECOGNITION OF THE ACTING ognize the outstanding work of the de- leadership and uncompromising integ- MAJORITY LEADER parted Rabbi Sherer. rity. We pay tribute to the life and leg- I must say that Rabbi Sherer’s com- acy of the saintly revered rabbi, Rabbi The PRESIDENT pro tempore. The ments this morning about freedom of Morris Sherer. able acting majority leader is recog- religion and the impact on everyone in We pray to Thee, Almighty God, that nized. America, but with special reference to his memory inspire the Members of f Jewish Americans, is of great signifi- this august body, the U.S. Senate, to cance to me because both of my par- find within their hearts an echo of his SCHEDULE ents came from foreign lands to the nobility of spirit, selfless devotion, and Mr. ROBERTS. Mr. President, today United States and were pleased and compassion for all in need, to dem- the Senate will be in a period of morn- honored to pledge their allegiance to onstrate for all to see that beneath the ing business until 12:30 p.m. with Sen- the United States of America. outer veneer of our Nation’s bureauc- ator MOYNIHAN, or his designee, in con- My father left a shtetl, a small com- racy beats a warm heart in which the trol of the time between 10:30 a.m. and munity, Batchkurina, in Ukraine, to anguished cry of the depressed, the de- 11, Senator GRAMS, or his designee, in come to the United States in 1911 at prived, and the disadvantaged strikes a control of the time between 11 o’clock the age of 18, barely a ruble in his responsive chord. in the morning and 12 noon, and Sen- pocket, literally walked across Europe, Give us the understanding, O God, to ator SPECTER, or his designee, in con- took steerage in the bottom of a boat grasp the true import of the sacred ob- trol of the time between 12 noon and to come to America to seek his for- ligation we have, to open our hearts 12:30. Following morning business, the tune, as did my mother who came with and hands to bring the bounties of life Senate will stand in recess until 2:15 her parents when she was 5 years old in to every man, woman, and child in our p.m. so the weekly party conferences 1905 from a small town on the Russian- midst. can meet. Polish border. They settled in America. O Father in heaven, bless this distin- When the Senate reconvenes at 2:15, They raised their family in America. guished assemblage of people deter- there will be an additional 2 hours of My father fought in the American Ex- mined to work effectively and tire- morning business equally divided be- peditionary Force to help make the

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

S7757

. S7758 CONGRESSIONAL RECORD — SENATE June 29, 1999 world safe for democracy and, in his al- fering under the terrible injustices of I am delighted and personally privi- legiance to his new-found country, rose Hitler’s regime, and he helped many to leged to have the opportunity from this to the rank of buck private. Next to his escape to gain refuge here in the podium, in this body, to extend my family, the greatest honor he had was United States of America. condolences again to Rabbi Sherer’s serving in the U.S. Army. Not only was Rabbi Sherer a man of wife, children, grandchildren, and great Freedom of religion is fundamental action, but he was a man of persist- grandchildren, and to recommend his Americana, and the Rabbi’s prayer ence. He followed through. When the stature, his principle, his integrity, his today brings it home to us. And I want- war ended, he didn’t forget about the persistence, and his activism as models ed to express my own views of thanks brothers and sisters who still remained to all Americans. for this country, what it has done for in the ruins of Europe. Under his lead- I thank the Senator from New York my parents and what it has done for ership, Agudath Israel shipped food and for according me this time and this my brother, two sisters and me, and religious articles to Jews in displaced privilege. my sons and our granddaughters. persons camps and he helped those who I yield the floor. I thank the Chair, I thank Senator wanted to emigrate. Mr. MOYNIHAN. Mr. President, we MOYNIHAN, and yield the floor. Rabbi Sherer’s story, as we all know, thank the Senator from Missouri for The PRESIDING OFFICER (Mr. ROB- continues in this same line and his phi- his moving, eloquent tribute. ERTS). The distinguished Senator from losophy of activism and persistence I yield such time as he may require New York is recognized. guided Agudath Israel in America for to my eminent friend, the Senator Mr. MOYNIHAN. Mr. President, I be- decades. He fought on behalf of Jews from Connecticut. Mr. LIEBERMAN. I thank my friend lieve Senator ASHCROFT would like to endangered behind the Iron Curtain, and colleague from New York. I thank speak at this moment. those who were endangered in Syria, The PRESIDING OFFICER. The Sen- Senator LOTT for agreeing to set aside Iran, and anywhere in the world where ator from Missouri. this time this morning to honor the he saw that injustice was an imposi- Mr. ASHCROFT. Mr. President, I memory of Rabbi Moshe Sherer. I tion upon the liberties of individuals thank the Senator for accommodating thank Senator MOYNIHAN for providing me from the time reserved for his con- and discrimination that deprived indi- the dignity that is always his but the trol. viduals of their opportunity to reach intimacy that reflects the relationship I am glad for the opportunity to the potential that God placed within. he had with Rabbi Moshe Sherer. I He brought this attitude with him as stand in the Senate today to honor thank my friend and college classmate he ascended to the presidency of Rabbi Morris Sherer, who passed away from Missouri who just spoke so im- on May 17 last year. Today, I believe Agudath Israel of America in 1963 and pressively about this extraordinary the very best way to pay tribute to to the chairmanship of Agudath Israel man. Rabbi Sherer’s memory is to celebrate World Organization in 1980. I am honored to have known Rabbi his inspiring accomplishments. In all of these roles, Rabbi Sherer Moshe Sherer, a blessed memory. I met When Rabbi Sherer became the exec- demonstrated the unique talent, him after I became a Senator and bene- utive vice president of Agudath Israel unique character that provided him fited, as anyone did, from the oppor- in America in 1941, the organization with the capacity to unite people from tunity to be in his presence, from his was but a small group with but a few disparate backgrounds and interests. wisdom, insights—insights not just on members. Rabbi Sherer transformed While this was partially a result of his matters of faith but on matters of the Agudath Israel from the small organi- contagious warm personality and cha- broader community. zation that it was in 1941 to a respected risma, there was something deeper, This was a man of extraordinary per- and influential force in the culture and too. People knew him as a man of in- sonal dignity and discipline, of hard community we call America in both tegrity. This was rare ore, precious work and of very good humor. He was a our political and religious life. metal to be mined out of the character pleasure to be with. Rabbi Sherer’s success came pri- of this great leader. Though they The life we celebrate today was a marily from two strong leadership might have disagreed adamantly with most extraordinary and consequential characteristics or character traits for his views, they had to respect the pu- life, based on values that go back thou- which he was most respected. One was rity of his position, his sincerity and sands of years, motivated by a single that he was not one just to talk about his honesty. overriding towering motivation to something. He would do something. He This loyalty and integrity often honor God’s name, to perform acts of was an activist. Second, he knew get- placed him at odds with or at other Kiddish Hashem, the sanctification of ting something done required more times in alliances with unlikely God’s name. That is to say, to do good than just activism or motivation or in- groups. This, however, was Rabbi works, to be true to the values that are spiration. It required persistence. He Sherer’s great charm. This is why he set down in the Bible, in the Ten Com- could stay with a task until there was was so highly respected. He was loyal mandments, in the broadly held ethical an achievement. and passionate about ideas and truth, system that we call the Judeo-Chris- One often cited example of Rabbi never letting political maneuvering get tian tradition. Sherer’s activism occurred almost im- in the way of his ultimate mission. Rabbi Moshe Sherer did that, mag- mediately after he became a part of the I am pleased to be on the Senate nificently rising to become, as we end leadership of Agudath Israel. During floor to honor Rabbi Sherer’s memory. this century, clearly one of the great Hitler’s reign of terror, when all too He taught us that in the face of injus- leaders of the Orthodox Jewish commu- many here and around the world re- tice we must act; in the face of failure, nity in America in this century, one of mained silent about the unspeakable we must persist. the great leaders of any faith-based atrocities committed against the Jews When the battle is over, he taught us community in America during this cen- in Eastern Europe, Rabbi Sherer spoke there is still a war to fight: to continue tury. and insisted that action was necessary. to bind up those who had been injured, Those who have spoken before me While Rabbi Sherer attempted to get those who had been separated, and have spoken of the extraordinary others involved in his efforts, he al- those who had suffered. record of service and growth that ways understood that he must take the Finally, he taught us that there is a Rabbi Sherer gave. I spoke to him sev- initiative and lead, and whether others way to achieve success and ultimately eral times about his involvement in would be involved or not was not the respect. It is not by trying to appease 1943 when he was asked to take a posi- criterion for his own involvement. He all sides but by standing firm in one’s tion at this organization, Agudath of knew that real leadership required the convictions and holding fast to one’s Israel. He spoke to friends and they ability and willingness to stand alone. beliefs. told him he would be foolish to even He knew he could not simply wait for That is the legacy of Rabbi Moshe consider it. This was an organization someone else to do what he believed Sherer. That is what he passed on to that had little credibility, few mem- should be done. Agudath Israel and to all here today bers. In fact, it was at a time when With his still tiny organization, he who respect his wondrous accomplish- even within the American Jewish com- sent shipments of food to Jews suf- ment and his faith. munity there were predictions that the June 29, 1999 CONGRESSIONAL RECORD — SENATE S7759 Orthodox community would not go working again with other groups to guide me regularly on political and with much vibrancy into the future. support across religious lines com- moral events. He is missed by myself, Somebody actually referred to the Or- monly held principles, even when they and my wife and my family, as he is by thodox community generally as a were controversial. millions of others. ‘‘sickly weed.’’ The resilience and On the day that Rabbi Sherer was Rabbi Sherer did so many good feistiness of this man and his commit- buried and his funeral occurred, there things. Senator LIEBERMAN spoke ment to the values that were the foun- was a remarkable outpouring in New about how he gave great strength to dation of his faith propelled him in the York to pay tribute to him. More than the orthodox community which had face of those pieces of wise counsel to 20,000 people stood outside the syna- been through one of the worst periods go forward and prove them wrong. And gogue where the service was held. They of history ever inflicted on any people, did he ever do that, devoting the rest of lined the streets to pay final honor to and they came to America. What Rabbi his life to this organization, particu- Rabbi Moshe Sherer. It was heartfelt, Sherer did more than anything else larly in the context of the end of the it was emotional, and it was also an ex- was show them that they could live by Second World War, and the great suf- pression of gratitude to all he had Torah values, and the values of teach- fering that occurred to so many suf- meant to the organization, to them ing, as well as by American values—in fering Jews in Europe during the war— personally, to their children, to the in- fact, that the two strengthened each watching the growth of this organiza- stitutions from which they had bene- other; that the values we have learned tion as a reaction, a kind of affirma- fited, and to their sense of freedom and in the Torah, the Bible, and our teach- tion of faith and life after the tem- confidence being religious people in the ings, the Talmud, which was mentioned porary victories of death and antifaith, America context. And now, as we are by Senator LIEBERMAN, would make if I can put it that way, and anti-God taught the way to continue to honor people better Americans; and the val- certainly during the Second World his memory is to live by the principles ues that America allowed us to grow War. that guided his own life, we are taught in, no matter who you were, or where This organization rose out of that ex- that when a person dies and leaves this you came from, if you worked hard, perience, and enjoyed the extraor- Earth and their soul ascends to heaven you could achieve something for you dinary, unprecedented liberty that that they are in that sense unable to do and your family, were consonant with Torah values. America provided to this community, more to elevate themselves, that it is What Rabbi Sherer did through the becoming the great, strong organiza- up to those of us who survive them tion it is today. It is as Rabbi Sherer guide of Israel, aside from the way he here on Earth to try to do deeds that touched all of our lives, is that he passed away with thousands of mem- are good in their name, if you will, to bers in this country and all over the helped my State of New York and our be of support and strength to them. great country grow, because today world in an extraordinary array of reli- I think that is the work that has con- gious, social service, and communal ac- there are hundreds of thousands— tinued in the organization and in the maybe millions—in America who fol- tivities. It is a remarkable program of lives of the individuals and all of us study. low Rabbi Sherer and who follow what who were touched by Rabbi Moshe he taught. They are living the ways I don’t know if anyone else has spo- Sherer. ken of what is called the ‘‘daf yomi’’ that have been lived by our ancestors I join my colleagues to pay tribute to for thousands of years—the way of program, a page-a-day of Talmud study him, and to those who continue the done under the auspices of Agudath Torah, the way of life. But at the same strong and important work for the time, they are building this country by Israel. It takes 71⁄2 years to finish the good of Israel, and to offer condolences the American values consonant with Talmud—a compilation of Jewish lit- to his wife, to his children, to his erature attempting to interpret the Torah values of hard work and dedica- grandchildren, and to his great grand- tion. And as they build and work hard values and the specifics of the Torah, children. the Bible. On the last completion of to help themselves and their families, May God come forth and give them they help America grow; they start that cycle, which occurred in Sep- the strength—as I know He will—to tember of 1997, if I am correct, 70,000 companies; they work in other compa- carry on the extraordinary good work nies; they teach. people gathered, filling Madison that characterizes the life and times of Square Garden in New York, Chaplain So Rabbi Sherer’s loss has been a loss a great Jewish American, Rabbi Moshe for us who know him and knew him and Ogilvie. It reminds me in some sense of Sherer. miss him. It has been a loss for the the Promise Keepers or groups of other I thank the Chair. Jewish community in America—one of faiths coming together to do some of I yield the floor. our greatest leaders who taught us the work you have done with Reverend The PRESIDING OFFICER. The Sen- about education and who taught us Graham, and others—70,000 people, first ator from New York. that living a life of Torah values and filling Madison Square Garden, and Mr. MOYNIHAN. Mr. President, I being proud Americans is totally con- then in the halls and chambers all over thank the Senator from Connecticut sistent. So it is also a great loss for America and all over the world on one for his beautiful words. America because America has always night to celebrate what is called the A My dear friend and colleague, the 1 depended on and relished in the glory Siyum, the completion of the 7 ⁄2 year Senator from New York, has asked to of lives such as that of Rabbi Moshe day-by-day trek through this experi- speak, and I yield him 3 minutes, if we Sherer. ence, a remarkable achievement, and a may, of the time that is beginning to So I join with my colleagues, my commitment to live by the values that run out. Also, the distinguished major- friends in the gallery, in remembering were part of that organization and that ity leader has come on the floor. him, remembering his life and his good experience. The PRESIDING OFFICER. The Sen- deeds, and knowing that, as a Jew and Rabbi Sherer, it has probably been ator is recognized. as a New Yorker and as an American, I said here—and I will say it briefly—not Mr. SCHUMER. Mr. President, I am proud to stand before my col- only built the inner strength of the thank my colleague, Senator MOY- leagues and before all of our country American Orthodox Jewish community NIHAN. and say words of praise in memory, in through study, through social service, I, too, want to join my friends, Sen- blessed memory, of Rabbi Moshe through communal strength, but was a ator MOYNIHAN, Senator LIEBERMAN, Sherer. remarkable ambassador to the broader Senator LOTT, Senator ASHCROFT, and The PRESIDING OFFICER. The community of faith-based organiza- others in honoring the memory—the Chair recognizes the Senator from New tions working with people of other blessed memory—of Rabbi Moshe York. faiths, and then reaching out into the Sherer, who is truly one of the great Mr. MOYNIHAN. Mr. President, community, and particularly the polit- heroes of the Jewish community and of might I add I am proud of the warm ical community during his time in re- all of America in the second half of the and insightful remarks of my junior cent years. He opened an office here in 20th century. colleague. I thank him. Washington, a kind of government re- I am proud to have called him a I see the eminent majority leader is lations office for the good of Israel— friend as well as a mentor. He would on the floor. Through his courtesy, this S7760 CONGRESSIONAL RECORD — SENATE June 29, 1999 time has been made available. I wish We thank him for that, as we thank merous federal laws—like the Elemen- him to take whatever time he requires. the men and women of Agudath Israel tary and Secondary Education Act of The PRESIDING OFFICER. The for their continuing commitment to 1965—and State laws that, to the full Chair recognizes the majority leader. defend their faith and advance the hu- extent constitutionally permissible, Mr. LOTT. Mr. President, I extend mane vision of Rabbi Morris Sherer. children in non-public schools were en- my appreciation to the distinguished I yield the floor. titled to governmental benefits and senior Senator from New York. It is al- The PRESIDING OFFICER. The services on an equitable basis with the ways a pleasure to work with him. I Chair recognizes the Senator from New public school counterparts. In 1972, his thought it was appropriate we have York. efforts on behalf of education led to his this time this morning to pay tribute Mr. MOYNIHAN. Mr. President, our being named national chairman of a to this great man. time has expired. Might I ask for 1 con- multi-faith coalition of leaders rep- Mr. President. today, along with cluding minute? resenting the 5 million non-public other Senators from both sides of the The PRESIDING OFFICER. Without school children in the United States. aisle, I note the first anniversary of the objection, it is so ordered. On the day of his funeral last year I death of Rabbi Morris Sherer, the long- Mr. MOYNIHAN. I thank the major- took the Senate floor to declare that: time president of Agudath Israel of ity leader for his fine, perceptive re- World Jewry has lost one of its wisest America. marks and for making this occasion statesman. America Orthodoxy has lost a This is a sad memorial, in that the possible. primary architect of its remarkable postwar nation has lost his ethical leadership It is a little over a year since the resurgence. All New Yorkers have lost a man and his commitment to justice and re- passing of Rabbi Moshe Sherer, one of of rare spiritual gifts and exceptional cre- ligious liberty. But this should also be American Jewry’s most distinguished ative vision. a celebratory observance, to honor the communal leaders. Rabbi Sherer was Rabbi Sherer passed away only hours memory of a man who, while treas- the president of Agudath Israel of before the President of the Senate, uring the past, always looked forward. America for over 30 years and served as Vice President AL GORE, addressed Rabbi Sherer was a living example of a reasoned, wise voice whose counsel Agudath Israel’s 76th anniversary din- President Reagan’s favorite saying: was widely respected in the Yeshivot of ner in New York. He spoke for the Sen- there’s no limit to what you can ac- his beloved Brooklyn and the halls of ate and for all Americans when he eu- complish when you don’t care who gets government in lower Manhattan, Al- logized the Rabbi as ‘‘a remarkable the credit for it. But today, we rightly bany, Jerusalem, and here in Wash- force for the understanding and respect give him credit for a lifetime of good ington. and growth of Orthodox Jewry over the works on behalf of this people, his I first met Rabbi Sherer in the early past fifty years,’’ whose ‘‘contributions faith, and his country. days of the Kennedy administration More than a half-century ago, in the to spreading religious freedom and un- when he came to Washington on behalf worst of times for European Jewry, he derstanding have been truly indispen- of Agudath Israel. I quickly learned to put Agudath Israel in the forefront of sable in defending and expanding those admire his sagacity and rely on his in- assisting the persecuted and saving the same rights for all Americans in all sightful counsel and abiding integrity. hunted. And with the defeat of Nazism, faiths.’’ For over 35 years he was a treasured his organization pitched in to help ref- I know I speak for the entire Senate mentor and a trusted friend. ugees and immigrants. when I express my condolences to his Here at home, he took a small orga- Rabbi Sherer’s earliest work on be- widow Deborah, his loving children Ra- nization that seemed to be on the side- half of the Jewish community was the chel Langer and Elky Goldschmidt, lines of American life and transformed grassroots, and largely illegal, organi- who join us today in the visitor’s gal- it into an active, weighty, influential zation and transport of food shipments lery, and his son Rabbi Shimshon factor in the mainstream of national to starving Jews in Nazi-occupied East- Sherer whose inspiring prayer opened affairs. ern Europe in 1941. His efforts also pro- this morning’s Senate session. He was not reluctant to apply the duced affidavits for European Jewish ‘‘There were giants in the Earth in value of his faith of public policy. Be- refugees that helped them immigrate those days,’’ the book of Genesis teach- cause religious education was at the to the United States. es. Rabbi Noshe Sherer was a giant in very core of his community’s life, he After the end of World War II, he and our midst, whose counsel and wisdom fought for equitable treatment of stu- Agudath Israel continued to assist Eu- will be missed by all of us who were dents in faith-based schools, whether ropean Jews—survivors interned in dis- privileged to enjoy his friendship. Christian academies or Orthodox placed person camps—with foodstuffs The PRESIDING OFFICER. Under schools. and religious items, and helped facili- the previous order, the time until 12 Because he understood that a culture tate the immigration and resettlement noon shall be under the control of the without values is a culture without a of Jewish refugees on these shores. In Senator from Minnesota, Mr. GRAMS, future, he foutht against the moral de- ensuring decades, Rabbi Sherer spear- or his designee. cline that has brought so much suf- headed Agudath Israel’s efforts on be- The Senator from Minnesota. fering and sorrow to our country in re- half of endangered Jews behind the f cent decades. Iron Curtain and in places like Syria and Iran. In 1991, years of clandestine TAX RELIEF FOR AMERICAN His concern to preserve and strength- FAMILIES en the Jewish religious heritage in activity on behalf of Soviet Jews cul- American did not prevent him from minated in his establishment of an of- Mr. GRAMS. Mr. President, we want- working with those outside his own fice in Moscow to coordinate Agudath ed to take a little time this morning to community who shared his principles. Israel’s activities in Russia. Under his again talk about what I consider the We need to have more of that in Amer- leadership, Agudath Israel also played overtaxation of the average working ica, not less. an important role in providing social family in the United States. The tax In matters of public policy, it is easy welfare and educational assistance to burden is getting larger and larger to win applause, but it is even harder Israel Jews, and in advocating for every day and every year. In fact, to win true respect. Israel’s security needs. under this administration it has grown Rabbi Sherer sidestepped the ap- Ignoring the pessimistic predictions by about 50 percent in just the last 6 plause and earned the respect that about Orthodox Jewry made by sociolo- years. To sum up some of these things today brings members of the Senate of gists and demographic experts in the we do have a number of other speakers the United States to pay tribute to his 40s and 50s, Rabbi Sherer went on to who will come down this morning and memory. help engineer a remarkable change in join us and lay out some of the facts I know he would be especially pleased the scope, image and influence of the and figures on the current tax status in by this observance, not because we are American Orthodox Jewish world. A the United States. here praising him, but because his son, staunch advocate of Jewish religious Next Sunday our Nation will cele- Rabbi Shimshon Sherer, is serving education as a early as the 1960s, he brate the Fourth of July. Millions of today as our guest Chaplain. helped establish the principle in nu- Americans and their families and June 29, 1999 CONGRESSIONAL RECORD — SENATE S7761 friends will gather to raise the national goes further by including taxes, regula- Taxes are far and away the biggest portion flag, parade in their hometown, grill in tions, and total government spending. of our family budget. their backyard, or drive to the beach This year Cost of Government Day ar- Susie would love to put more dollars for a relaxing vacation. rived on June 22. into their retirement account, would The Fourth of July is always a truly The total cost of government in 1999 love to buy more books for their three great American holiday. is estimated at $3.72 trillion, that is up children, or put more money in their As we observe this special occasion, I from $3.56 trillion in 1998. college fund or spend more money for rise to remind the American people of This is a 4.5-percent increase overall, other family priorities, but she cannot why we celebrate the Fourth of July, and that is almost double the rate of because much of the fruit of their labor Independence Day, and to call upon inflation. The cost of Government reg- is again taken by the Government. Congress and the President to take im- ulation alone will cost taxpayers over Ask John Batey of Tennessee about mediate action to provide meaningful $1.06 trillion in 1999. Again, our Demo- the death tax. John runs a 500-acre tax relief for all overtaxed Americans. cratic colleagues and President Clinton family farm that has been part of the This great Nation was born out of a do not believe this rapidly growing tax Batey family for 192 years. John has tax revolt. The revolt was not because burden is excessive, and they have re- spent all of his life on his family farm of Founding Fathers were selfish but peatedly denied tax cuts to Americans. and, like most other farmers, he plans because they did not want to be shack- Let’s take a look at another indi- to be a good steward of the land, save led under more government regula- cator. Over the course of President and build his assets, and someday try tions, bureaucracy, taxing powers, and Clinton’s administration, Washington’s to leave his farm to his children. unjust legislation of their homeland. income has grown faster than our econ- After the death of his father 5 years They did not want to send their hard- omy and has grown twice as fast than ago and the death of his mother last earned money to the Parliament in the income of the average American. In June, John began to settle his parents’ England that furthered their own spe- fact, Federal taxes have grown by over estate. As he was about to take over cial interests in order to keep them- 54 percent during this administration. the family farm, the IRS sent a death selves in power. That is nearly $4,000 per year more per tax bill for a quarter of a million dol- This tax revolt was about freedom person. The income tax rates also indi- lars. The land value of the farm in- and liberty, about a person being able cate Americans are overtaxed. creased significantly, but the death tax to own himself, his labor, and the The average tax rate for the 437,036 has never been indexed. John had no fruits of his labor. This is the simple individual returns filed for 1916 was 2.75 choice but to sell some of his assets, moral origin of our Nation. percent. Again, the average tax rate for dip into their lifelong savings, and even Our Founding Fathers understood nearly the half million Americans who borrow some money to pay Uncle Sam. well that low taxes and freedom were filed returns in 1916 was just 2.75 per- The Federal death tax was originally directly related. They did their best to cent of income. Under President levied to pay for the war in 1916 to help ensure that the American people con- Reagan, we had only two income tax fund the efforts of World War I, and es- tinued to enjoy their freedom. rates: 15 percent and 28 percent. But tates under $9 million were not taxed Unfortunately, this freedom that our today, there are now five tax rates, and at that time. But it later evolved into Founding Fathers treasured so much Americans can be taxed as high as 40 a mechanism, of course, with a redis- and that triggered our Nation’s inde- percent in Federal taxes. tribution of private income. pendence has been eroded. In the past few years, over 20 million Just like the Batey family, millions Today, Americans are overtaxed. The American workers earning between of American farmers and small tax burden on working Americans is $30,000 to $50,000 have been pushed from businessowners are faced with paying more crushing than ever. In 1913, less the 15-percent income tax bracket to high taxes or, in fact, losing their than 1 percent of all Americans paid in- the 28-percent income tax bracket due farms and businesses to pay the death come tax. Only 5 percent of Americans to the unfair tax systems we have. On tax. Unfortunately, again, my Demo- paid any income tax as late as 1939, be- top of that, they have to also pay a cratic colleagues insist that a cut in fore World War II. 15.3-percent payroll tax. Federal taxes the death tax is a tax cut for the rich, Today, the Federal tax burden is at a alone account for the loss of 43 percent and they can hardly justify a costly historic high. Federal taxes consume of the income for those middle-income tax cut that benefits some of the nearly 21 percent of national income. A Americans who have worked hard just wealthiest taxpayers. typical American family pays $9,450 in to try to get ahead. Ask janitor Joe of Virginia about the Federal income tax per year. The President and the Democrats al- capital gains tax. Over the last 30 A median-income family can expect ways like to tell middle-income Ameri- years, Joe saved every penny of his in- to pay nearly 40 percent of its income cans that, of course, they are only out come he could possibly save after pay- in Federal, State, and local taxes— there taxing the rich while they stick ing Federal, State, and local taxes. He more than it spends on food, clothing, their hands deeper and deeper into the took the risk, and he invested his sav- and housing combined. pockets of average Americans. They ings smartly in the market. He was ex- But our Democratic colleagues and use class warfare as a cover to tax all cited as he watched his savings grow President Clinton do not believe this Americans at a higher and higher rate. into $1/2 million in assets. That excite- rapidly growing tax burden is excessive The rapidly growing tax burdens hurt ment soon turned into torment upon and have preferred new spending to tax low-income and minimum wage work- retirement when he began to withdraw cuts. ers as well. They may not pay income the funds. The Government took nearly One of the best indicators of how ex- tax, but they still have to pay the pay- one-third of those hard-earned savings hausting the tax burden has become is roll tax. As low-income and minimum for capital gains taxes. the annual arrival of Tax Freedom wage workers work harder and earn Or you could ask newly wedded Day, the day on which Americans stop more, their payroll tax increases, again Alicia Jones of my home State of Min- working just to pay their State, Fed- taking a huge bite into hard-earned nesota about the marriage penalty. eral, and local taxes and actually begin dollars that are most needed to keep Alicia and her husband graduated from keeping their earnings for themselves. those families above the poverty line. college and had just begun working full This year, Americans had to wait Once again, our Democratic colleagues time 2 years ago. In 1998, Alicia and her until May 11 before they marked Tax and the President do not believe this husband worked full time in profes- Freedom Day. At 132 days into the rapidly growing tax burden is excessive sional careers. They had no children year, it’s the latest arrival of Tax Free- and have repeatedly refused to support and were renting an apartment and dom Day ever. any tax cuts. trying to save to buy their first house. As a sign of just how far and fast Let’s ask the American people if they They had to pay at least an additional taxes have escalated, in 1950, Ameri- are overtaxed and want a tax refund on $1,400 under the marriage penalty tax cans marked Tax Freedom Day on their overpaid taxes. Let’s ask a full- in our Tax Code for simply being mar- April 3. time mom and former schoolteacher, ried. Cost of Government Day, a day cal- Susie Dutcher, about the overall tax As a result, on top of the over $10,000 culated by Americans for Tax Reform, burden. According to her: they already had deducted from their S7762 CONGRESSIONAL RECORD — SENATE June 29, 1999 checks to pay Federal taxes, they had choose to fly, 40 percent of that cost in place that would make sure Social to take an additional $700 out of their also will go to the Government. Security receipts have a new protec- limited savings account to pay for Fed- Staying at a hotel is not cheap ei- tion device. Hopefully, because the eral taxes, taxes that they would not ther, but did you know about 40 per- President has now said he supports it, have had to pay, by the way, if they cent of your bill goes to the Govern- the other side of the aisle will drop had not been married. ment in the form of taxes? their filibuster and we can get on with She wrote and said: If you decide to stay at home and our proposal to be more protective of I’m frustrated by this. I’m frustrated for have a simple barbecue to celebrate Social Security receipts. the future. How do we get ahead when each Independence Day, the Government Second, the President has said he year we have to take money out of our sav- will stay there as an uninvited guest, will now support tax relief. That is im- ings to pay more and more for our taxes? I and 43 percent of the cost of beer and 35 portant. But tax relief can have a lot of hope that you will remember my concern. percent of the cost of soda will go to definitions. Alicia’s story is not uncommon. taxes. The Government’s slice of your Our view of tax relief is that it There are 21 million American families pizza is about 38 percent, and taxes ac- should be across the board, that every- in this same situation. If these indi- count for 72 percent if you want to body should participate, and that the vidual stories are not convincing, let’s have a drink. Even 31 percent of what savings which families keep in their take another look at the polls. you pay for a loaf of bread is taxed. checking accounts be used for the deci- A recent Gallup-CNN-USA Today poll I think you get the idea of how much sions those families want to make: Do shows that over 65 percent of Ameri- of the price of the average products they need more health insurance? Do cans believe taxes are too high. Half of you will buy over this holiday weekend they need to pay school tuition? Do the American population think the tax is going to go to the Government in they have a leak in the roof? Do they system itself is not fair. A Fox News taxes. need a new car? poll indicates that 65 percent of Ameri- So in closing, I am encouraged by The President’s definition of tax re- cans believe that no more than 20 per- President Clinton’s announcement that lief is that you get it if you do some- cent of their income should go to Fed- the budget surplus will grow by an esti- thing he wants, for instances if you put eral, State, and local taxes. As I said, mated $1 trillion over the next 15 a solar panel on your roof or if you buy about an average of 40 percent today is years. This additional budget surplus, I an electric car, if you can find one. collected from Americans across the believe, makes tax relief even more That is behavioral relief. In other country. necessary and even more feasible. words, if you begin to live your life the An Associated Press poll also shows Even President Clinton is talking way we in Washington think you that the majority of Americans want about new possible tax relief for the should live it, you will get a break, but to use the non-Social Security surplus American people this year. I welcome we are not going to let you decide what that we are hearing so much about this the opportunity to work with the you ought to do. week for tax relief, not for more pet President to try to provide tax relief I would suggest that the tax relief spending programs by this administra- for all Americans—not to talk about it, proposal, which is growing in size, tion. not to be all show, but to make sure ought to be looked at very seriously. I The list goes on. There are a lot of that some tax reform is passed in tax will come to that in just a minute. But people around Congress, and especially relief. let’s just talk for a second or two about in the White House, who talk about tax Saving Social Security, reducing the why tax relief is so important to Amer- relief, but I believe it is all show. national debt, cutting taxes are imper- ican families. The message from the American peo- ative for our economic security and our First, as was said by the Senator ple is loud and clear: We are overtaxed, economic growth. Our strong economy from Minnesota, they are paying the we want meaningful tax relief, and we has offered us a historic opportunity to highest taxes they have paid since want and need tax reform. achieve this three-pronged goal. World War II, which, given the ex- I ask my fellow colleagues and the Republicans are committed to re- tended periods of general peace, is un- President to ponder a very funda- turning the non-Social Security sur- conscionable. mental question about taxation over plus to overtaxed Americans who are This year, American families will this holiday: Should our Government out there working hard and generating have a negative savings rate. That has tax working Americans’ income when it in the first place. We have reserved not happened since the Depression. If they first earn it? Should the Govern- nearly $800 billion of the non-Social Se- you read what several pundits in the ment be able to tax it again when they curity money for tax relief in our budg- country have written, they say it is be- save it, tax it again when they spend et, and we will provide meaningful tax cause American families are greedy. it, tax it again when they invest it, and relief for all Americans this year. Hogwash. What it is, the Government tax it yet again when they die? Thank you very much, Mr. President. has been taking more and more of what They talk about redoing taxes for I now yield the floor to my colleague they earn, and the disposable income, low income people because it takes a from Georgia, Senator COVERDELL, for the income they have left to use, is larger portion of disposable income. I up to 10 minutes. barely enough. In fact, in many cases it agree, but there is no excuse to tax The PRESIDING OFFICER. The is not enough to manage their families others even more to support larger and Chair recognizes the Senator from so there is nothing left to save, and larger spending plans. Georgia. they are not saving. To my fellow Americans, I invite you Mr. COVERDELL. Mr. President, That means those families cannot to think about our country’s origin first, I compliment the Senator from face off an emergency. If somebody over this Independence Day holiday. Minnesota for organizing and bringing loses a job or there is some loss of in- Take a closer look at your payroll this meeting together on the question come, the rent cannot get paid. If there stubs to see how much in taxes is of tax relief and for the powerful state- is an unexpected illness, an unexpected taken from your income, or just take a ment he just made in support of giving educational cost, an emergency, there few moments to examine the hidden relief to American workers so they can are no savings in America to deal with taxes on your holiday spending. You keep more of what they earn in their that. So you put a whole arena of anx- will be shocked to find out how much checking accounts rather than sending iety across the breadth of the land. tax you are actually paying. it off to bureaucrats—locally, in the I am not going to overdetail this be- Let me give a few examples. If you State, and federally. cause of the time we have, but I, Sen- drive the family car on vacation on the In the last few days, President Clin- ator TORRICELLI—it is bipartisan, bi- holiday, remember that 45 percent of ton has joined in calling for a strong partisan in the House, Republican and the cost of your car goes to taxes. Over lockbox to protect Social Security. I Democrat with leadership—Senator half of what you pay for a gallon of am pleased to see this. For the last LOTT, Senator GRAMM of Texas, the gasoline ends up going for taxes. Thir- month, we have been fighting a fili- chairman of the Banking Committee, ty-six percent of the cost of the tires buster from the other side of the aisle are all coauthors of a concept that on your car goes to taxes. And if you on this concept of setting a procedure takes the first tax bracket, which is 15 June 29, 1999 CONGRESSIONAL RECORD — SENATE S7763 percent, and increases dramatically the Mr. ASHCROFT. Thank you, Mr. This year, the average American will number of people who are in that min- President. have to work 173 days just to pay for imum tax bracket. I am delighted to commend the Sen- government. This includes the burdens So everybody would share equally. ator from Georgia for his outstanding of Federal taxes, State taxes, and local But the effect is that about 7 million remarks. He is right about giving peo- taxes. We pay more in taxes than at people would be pushed down into that ple a chance to spend their own money any other time in history. lowest tax bracket. Then the first $500 in the way they choose to spend it. Some people say: Well, there was a of interest that family earns from the So much of our so-called tax relief year or two in the Second World War. savings account would not be taxed. from time to time is given in ways that I dispute that. I don’t think they are That means about $100 billion over the try to coach people that they should counting local taxes as well. Some peo- next 10 years would be saved by those have it the way we want it done. Free- ple say: What does the Congress have families, and 30 million of those fami- dom is the ability to spend one’s own to do with local taxes? Very frankly, a lies would have no tax on their savings resources the way one particularly good bit of the load of taxes at the accounts. wants to spend them. So I am delighted State and local level is a result of Fed- So what we have is a plan that bene- with his remarks. eral mandates, the Federal Govern- fits 110 million taxpayers, 30 million of I rise today in support of Congress’ ment wanting to force things to be which would be saving tax free, 10 mil- plan to provide over $778 billion in tax done by government and the bureauc- lion of which would no longer pay cap- cuts over the next 10 years. The Presi- racy, not having the courage to charge ital gains tax, and 7 million middle-in- dent has already announced that the for it but just saying to the States: come taxpayers would be returned to budget surplus will be larger than ex- You must get this done. the lowest tax bracket. pected. This onbudget surplus is an- It is sort of similar to going in to But we do not tell them what to do other name for a tax overpayment. order something without paying for it. with their savings; they can figure that Talk about a budget surplus. It means We have done that at the Federal level. out. It isn’t designed to cause them to we are collecting more than we need. It is a shame, but it has happened. live in a loft or to use a solar panel or Having collected more than we need It is time for us to say that we need a windmill. It is designed to let them from the people who worked hard, the to allow some of the individuals who keep more of their income so they can least we could do would be to give it have built this great Nation to enjoy more effectively manage their families back to them. When you go into a busi- the fruits of their own labors. When we and their lives. ness and hand a $10 bill to the clerk for have overcollected, we have taken Incidentally, this is the only tax plan a $7 item, they don’t say: Well, we are more than we need. We have a surplus. that has been endorsed by the New going to increase your spending level. Let us give the folks the change back York Stock Exchange. It is right on We are going to throw in four extra instead of trying to force them to buy target, because pushing people into the pairs of shoelaces and a can of polish, if more bureaucracy, which they didn’t lowest tax bracket is helping them you are in a shoe store. They say: No, want, didn’t order, and don’t need. save, and it is simplifying the Tax here is your change. This is your They do need the capacity in families. Code. money. You have overpaid. According to a Congressional Re- I hope that every succeeding year we That is where we are. In the days search Service study, the surplus can take another million-plus tax- ahead, Congress will be deciding what means that the average household will payers and push them down into this to do. Are we going to try to find more be paying $5,000 more in taxes over the 15-percent tax bracket. One day we ways to spend the money the people next 10 years than the government might even get to the point that al- have earned or are we going to say our needs. Well, let’s just let the American most all Americans are there. faith is in families; we are going to people have some of that money back. So this is a time for tax relief. Amer- focus the resources of this country I want to go quickly to one of the icans are paying the highest taxes they where we have our faith, and that is in most important things we can do to have paid since World War II. They the private sector and in families? correct a serious error of our Tax Code. have no savings, and therefore they do That is what has made America great. For a long time, Members of this body not run their families as effectively as Or are we going to say our real faith have understood that our Tax Code pe- they could. We all know the results of is in bureaucracy; we are going to take nalizes people for being married. The that. So this is broad public policy that more of this money and fund bureauc- way the Tax Code is administered, needs the attention of the President racy? there is what is called a marriage pen- and the Congress. It is the right thing I think it is time for us to think alty for people who enter the durable, to do, and this is the right time to do about funding families, not funding bu- lasting relationship of marriage, which it. reaucracies; funding Main Street, not is the place where children learn and I yield back to the floor manager. funding Washington, DC. When we have where society and the social order, our Mr. GRAMS addressed the Chair. challenges in this country, I think all culture, renews itself—in durable, last- The PRESIDING OFFICER. The Sen- of us know they aren’t going to be ing, committed marriages. They get ator from Minnesota. solved by government. As terrible as taxed more heavily, very frequently, Mr. GRAMS. I thank the Senator Littleton, CO, was and is, the real chal- than if they were not married. That is from Georgia for his remarks this lenge is a cultural challenge. called the marriage penalty. morning. Also, I thank him for all his We need strong families with the I may not be one for lots of little nu- hard work during this and previous right values. We don’t need stronger ances in the Tax Code, but it is time Congresses to make sure that Amer- government bureaucracies. If bureauc- for us to take this massive prejudice ican families will be allowed to keep a racies could have solved the Littleton out of the Tax Code that charges peo- little bit more of their hard-earned situation and many other challenges, ple elevated rates because they are money, that less of it will come to we would have expected to have no doing the thing government most Washington, and that they will have a challenges by now because we have needs. If government is to promote little bit more control over how they great bureaucracies. We have more bu- safety and the stability of the commu- spend it and what they spend it on. I reaucracy in America than ever before, nity so people can reach the potential appreciate it and thank him for all his but we have greater problems. that God has placed within them—and efforts and work. Instead of the high tax load that that is what I think government is I also recognize this morning the really almost forces the second parent for—the family does that more effec- Senator from Missouri, Mr. ASHCROFT, to be in the workforce, maybe we ought tively and in concert with government who also has been a leader in the fight to think about allowing people to keep better than anybody else. If anything, against higher taxes and is working some of the money they earn so they marriage ought to be the subject of a very hard for tax relief. don’t have to have both parents work- subsidy, not the pernicious recipient of I yield 7 minutes to Senator ing and competing with the needs chil- a penalty that punishes people for ASHCROFT. dren have for the shaping, the nur- being married. The PRESIDING OFFICER. The Sen- turing, the developing, the teaching, I know KAY BAILEY HUTCHISON, the ator from Missouri. and the parenting that is so necessary. Senator from Texas, has focused for S7764 CONGRESSIONAL RECORD — SENATE June 29, 1999 years on this idea. I have been one who simple. The power to tax is the power grams, you love your children less. has stood up to say that we ought to to destroy. A tax diminishes freedom. That is an incorrect statement. It real- focus on this idea. If we have an oppor- It penalizes certain behavior, and it en- ly offends me, because what we are tunity to let people keep some of what courages other behavior. doing is taking that money from fami- they earn, let us stop punishing people I think we have to be honest with lies who love their children and who for the persistent, durable commitment ourselves. This great economy has done know their children’s names. Nobody of dedicated marriage that is funda- some wonderful things for America. We in Washington knows my children’s mental to the success of this society in are also finding that people are moving names or the names of children in Ala- the next century. That would be a tre- up in the tax brackets, higher and bama. They can’t possibly utilize re- mendous first step. higher tax brackets, meaning they are sources as effectively as the people who We all know that we are paying more paying a higher percentage of their in- love them and who are raising them. in taxes than ever before. We have come to the government each year. I really believe that was a nice step watched, as the tax burden has gone And the sad fact is that the total per- forward. But it was just one step. I am up, families struggle to meet their re- centage of the gross domestic product; proud that we accomplished that. It sponsibilities, moms and dads trying to that is, of all goods and services pro- took some effort. It looked as if it juggle how they can accommodate duced in America, is increasing. Ac- wasn’t going to happen, until finally their schedules and still raise a family. cording to the Federal Government’s the American people understood what Finally, the second parent goes into own statistics, in 1992, when this ad- was being talked about. They realized the workforce to make ends meet be- ministration took office, before the big that it was in fact possible to achieve cause government demands so substan- tax increase, we were sending 17.6 per- it, and the people started speaking. tially. cent of the gross domestic product to The Congress—some of those who ob- Let us give the American family the the Government. It will reach 20.7 this jected—got the message, and the Presi- kind of tax relief that allows families year or next year—a steady increase. dent got the message. He signed that to make America great again and to To say that tax decreases are going bill. So we are looking at a continual make their own decisions. It is with to destroy the Government and some- possibility of a surplus in the future. that in mind that I think one of the how result in a massive reduction in I am concerned that we are showing tremendous opportunities we have is funds to the Government is silly. The an unhealthy increase in the amount the opportunity to abolish the mar- year before last we rolled back one- taken by Government. I think it is riage penalty in the tax law. third of the 1993 huge tax increase that time to send some of that back to our I urge my colleagues, as we consider the administration pushed for. We people. We can make reform of Social our responsibilities, to relieve Amer- rolled that back and included within it Security, we can secure Medicare, and ican marriages of this pernicious pen- a $500 per child tax credit. I know the I am absolutely strongly committed to alty which punishes people for doing Senator from Wyoming, the Presiding the Social Security lockbox—to setting that which we all need. Officer, was a supporter of that, and aside our Social Security surplus so we I thank the Senator from Minnesota the Senator from Minnesota, was a big don’t spend it, and making sure it is and the Presiding Officer. supporter of that $500 per child tax there to allow us to strengthen and im- Mr. GRAMS. I thank the Senator credit. I made it one of my highest pri- prove Social Security. from Missouri for those words and, orities and worked extremely hard to That is the first step. If we spend the again, thank him for all his efforts on see that that became a reality. Social Security surplus by new and big- tax relief. They say: Well, you can’t afford a tax ger programs—there is always some I now recognize the Senator from cut. If you have a tax cut, we will in- new program that somebody has—we Alabama, Mr. SESSIONS, who also want- crease our deficit. That has not hap- are not going to have it to save Social ed to talk about it, for up to 10 min- pened. In fact, we are continuing to see Security. utes. surpluses accrue. Likewise, we have an opportunity The PRESIDING OFFICER. The Sen- But what I want to ask the American with a non-Social Security surplus— ator from Alabama. people to do is think about this: A fam- this $1 trillion, this $1,000 billion, that Mr. SESSIONS. I express my appre- ily with three children making $35,000 a will be ours in the next decade—to ciation for the excellent remarks deliv- year, or $45,000 a year, will now receive make a decision: Are we going to allow ered by the Senator from Missouri. He a tax credit—not a tax deduction but a the Government to grow and become and the Senator from Minnesota have $500 reduction in the amount of money more and more a dominating force in been champions of lowering the burden they have to pay in taxes to the Gov- our lives, or are we going to encourage of government on American people ernment for each of those children— families and freedom and prosperity? since they have been in this body. They $1,500. They will be getting those re- Just for example, I support and am are known for that. They have given funds this spring. Many have already working very hard on a program I call time and effort and passion to it. I received those refunds—$1,500 for a ‘‘The Class Act.’’ Most States—42 really was inspired by the remarks of family. That is $120 per month tax free States now—have a plan called a pre- the Senator from Missouri. I appreciate for a family to use for things. paid college tuition plan where you can them very much. If there is somebody struggling buy into college tuition, invest your We are in a time of surplus. We have today, as the Senator from Missouri money into it as your children grow, so time to make some decisions about noted, it is working families. It is ex- much a month, how you choose, and what we are going to do with that sur- pensive. They will have $120 a month to when your child gets to the age to go plus. The President’s own Office of buy shoes with, or maybe a new set of to college, it can be paid for. Management and Budget midyear re- tires for the car, or maybe money so We found that the Federal Govern- view now indicates that we will have, the child can go on a school trip that ment taxes all the interest that ac- over 10 years, a $1 trillion surplus out- they would like for them to go on but crues on that money. The Federal Gov- side of Social Security available to us. are wondering how they are going to ernment is taxing and penalizing fami- I suggest we have to consider allow- pay for it. They will get it every lies who are doing the right thing by ing working Americans to keep more of month, because this Congress said, no, saving for their children’s college edu- what they earn. That is clearly a pol- we are not going to keep taking this cation at the same time that we are icy that will nurture freedom. The money from the families; we are going providing tax breaks, interest rate more money we take from individuals, to allow you to keep it and use it as breaks, and interest deferred payments the more we take from families, the you see fit. to people who borrow for college. As a more we shift it to a burdensome bu- Who cares more about children than result, we have found that borrowing in reaucracy in Washington, the more we a mother who cares about her children? the last decade has tripled—three diminish their freedom, their power Who can best decide what they need times what it was in the previous dec- vis-a-vis the government. The govern- than the family? ade. And savings are down. ment is strengthened. The individual It is a myth that if you do not vote Good government policy calls on us and family is weakened. It is just that for more and more and bigger pro- and demands of us that we encourage June 29, 1999 CONGRESSIONAL RECORD — SENATE S7765 the highest and best qualities in peo- As long as I have been in this body— the 15-percent tax bracket in order to ple. Taxing and penalizing people who I have not been in it that long; I am in help ‘‘flatten″ the tax structure and save, and at the same time subsidizing my third year—I have known that Sen- provide the American people with tax people who borrow, which we need to ator GRAMS has been really working on relief. An expansion of the 15-percent do—people need to be helped in bor- the issue of tax cuts. He has pushed tax bracket has another desirous effect rowing to go to college; we are not forward. He has prodded people on it. of alleviating the impact of the mar- eliminating any of those programs—is He has done a beautiful job of getting riage penalty. Currently, nearly 21 mil- wrongheaded. It is not encouraging our us to the point of people saying let’s lion families are forced to carry an av- highest and best instinct as a people. have a tax cut, a serious tax cut, not erage of $1,400 more a year in taxes We are different from the rest of the one where we just issue a bunch of simply for being married. We must world. This was never a government- press releases and the press releases bring this institutionalized discrimina- dominated country. It has never been cost more than the tax cut but a real tion against the family to an end. Now run by a king. It has never been run by tax cut that stimulates the economy is the time to do that. a totalitarian Communist dictator. It and helps people. We could also take steps to encour- is made up of millions of independent, I am delighted the President is now age savings and investment by cutting free Americans who respect themselves apparently willing to work with the the capital gains tax rate, which could and their communities and care about Congress in order to provide the Amer- stimulate the economy and give back themselves and their communities. ican people with the tax cut they need further revenues to the Federal Gov- We don’t believe the Government and deserve. Part of the reason the ernment. Americans need a higher rate ought to do everything for us. People President is now willing to consider a of national savings to continue to grow are prepared in this country, as a part tax cut is the strength of the American into the next century. Cutting capital of our very character as a people, to economy, which is precisely one of the gains tax rates will help. We can look take care of themselves whenever they reasons we should consider a tax cut at at the possibility of further reductions can. But if the Government continues this time. We are at this point of a in the death tax area. I think we need to take more of their wealth and take budget surplus because of some fiscal to do this, particularly for small busi- more of the money they earn every discipline in Washington but mostly nesses and family farmers who fre- month, making it more and more dif- because of the strength of our econ- quently spend a lot of time reorga- ficult for them to meet their respon- omy. We need to keep that economy nizing their business, creating trusts sibilities, then they tend to look to going and growing strong. That is the and other corporations to get around Government to fund them. key to having budget surpluses in the paying death taxes that would have the That is not a good trend for us. This future—a strong economy. We can help impact of killing their business, or of is basic. This represents a basic divide with tax cuts. killing their farm, and not allowing The bottom line, as has been men- in this Senate and right down the hall them to pass it on to the next genera- tioned before, is that growth works. in the Congress between people whose tion. We need to do those things. visions differ about the nature of our When we have growth, we have more I congratulate the Senator from Min- resources to pay down the debt, to do country. nesota for his work on this tax-cutting the programs needed for the American I say let’s celebrate our character of agenda and getting the President to individualism, personal responsibility, public, and now to cut taxes. If we are going to continue to experi- agree that we can and should do a tax personal integrity, good financial man- ence a growing economy, we need to cut. For the President to say he isn’t agement, and frugality. Let’s encour- take steps to enhance and sustain our opposed to a tax cut is a positive step. age savings and not tax people’s money current record of economic expansion Now it is time for the President to deal who save. in order to pave the way for the next with the Congress in providing real tax I think it is time for us as a nation to century. We need another ‘‘American relief to the American public. It stimu- think about this. We dare not get into century.’’ Providing the American peo- lates the economy, it keeps us growing, a big spending program. We do not dare ple with broad-based progrowth tax re- and it supports the American public. start taxing and spending again. We lief is one of the ways to help achieve I yield the floor. Mr. GRAMS. Mr. President, I thank have an opportunity for a historic time it. for America. I am proud to join with In America there is an emerging the Senator from Kansas for his efforts the Senator from Minnesota in pro- class of investors who are more aware in discussing the importance of contin- moting it. of what tax policy means for individ- ued work in reducing the tax burden Mr. GRAMS. Mr. President, I thank uals and for the ability of our economy for average Americans. the Senator very much. I appreciate to perform. This class of investors is The bottom line is that we are over- the words and all of the efforts of the citizens who have been able to take taxed today. The average family today Senator from Alabama. He is talking part in the American dream through spends about 40 percent of everything about the President announcing that a 401(k) programs and expanded IRAs they make on taxes. Compare that to tax cut is possible. He is agreeing with that have been offered as part of a re- 1916 when the taxes began; it was less us that tax cuts are important. tirement package or encouraged than a 3-percent tax burden on those I think we have to be very careful be- through our Tax Code. They are not paying taxes at that time, which was cause I think it would be a bad deal for wealthy—- not yet anyway—but they only about 5 percent of the American the American people if we got a little are increasingly concerned about our people. Today over 40 percent of a fam- bit of a tax cut but it came at the cost Tax Code and what it means to them. ily’s income goes into taxes. of huge increases in spending. We don’t We need to work with the family When we talk about tax relief, we are want that type of a tradeoff. We want farmers, cab drivers, construction talking about giving back money that to make sure that tax relief means tax workers, and small businessmen to has been overcharged—in other words, relief and not just some token tax re- allow them to participate in this free the excess money, the surplus. We are lief while we increase spending over in market system and have it continue its not talking about cutting any Govern- the other side. expansion. They know the best thing ment spending. We are not talking I recognize for up to 5 minutes this Congress can do in order to spur about reducing even the size and scope morning the Senator from Kansas, Mr. growth is to cut taxes. of the Government under these plans. BROWNBACK, and I also want to com- There are a variety of options for That we need to do. If we were going to pliment him for all of his hard work cutting America’s taxes. We can use a actually cut taxes, we would be giving and efforts in the area of taxes. budget surplus after accounting for So- back the surplus and then looking for The PRESIDING OFFICER. The Sen- cial Security. We need the Social Secu- ways to reduce the amount of money ator from Kansas. rity surplus for Social Security, and we the Federal Government spends. Mr. BROWNBACK. Thank you very need to lock it down, lock it out—cre- A couple of brief facts on the tax bur- much, Mr. President. I thank our dis- ate a lockbox for it. den and how it has grown. Under the tinguished colleague from Minnesota With the budget surplus over and Clinton administration, individual in- for all his work in this field. above Social Security, we could widen come tax relief for income tax receipts S7766 CONGRESSIONAL RECORD — SENATE June 29, 1999 has far outstripped our economic out- is in medicine or whether it is in law or Rudman-Hollings, we did it in 5 years. put. The tax collections have more whether it is in finance or whether it is I said, before long we are going up to 10 than doubled this country’s gross do- foreign policy—get the best of the best or 15 years. And sure enough, this mestic product growth in the last 6 minds around a table, determine the morning they have gone up with all years. It is almost double what per- needs of the country, and give it to the kinds of estimates of revenues. sonal income growth has been. In other Congressmen and Senators and let Really, the way to play, if you want words, Washington spending is growing them enact it into law. to play this game, is let’s have a 25- twice as fast as the growth in the en- John Dewey countered that. He said: year budget. We will have enough tire economy and twice as fast as a per- No, the better way is to give the Amer- money for everything. Send the money son’s personal income. I think that is ican people the truth, and the Amer- to the U.N., double the amounts to the what we are talking about today. ican people, in a consummate way, United Nations, double the tax cut. We all need to pay taxes. We need to through their Representatives in the Let’s double all these things, give it all support Government. There are many Congress, the House and Senate, would to investment accounts, health care, good things the Government does. We reflect those truths, and we would have whatever you want. Let’s have a 25- need to review the excessive spending a strong democracy. That is the way year budget and really go to spending and Washington’s belief that it can do since Jefferson’s time, when he said: up here. everything for everybody. [. . . as between] a government without It is a wonderful charade. It is a lord- In a bipartisan effort and mood, I newspapers, or newspapers without a govern- awful fraud. It is only up to the media yield the reminder of my time to the ment, I should not hesitate a moment to pre- to cut out this nonsense about surplus Senator from South Carolina to sneak fer the latter. when we are spending, this year, $100 in some remarks this morning. That was because he was depending, billion more than we are taking in. It I yield the remainder of my time to over many years—now over the 200 shows from the President’s own figures the Senator. years we have had—on that media ex- we will continue to spend more than we Mr. HOLLINGS. I thank my distin- pounding and telling us the truth. take in, increasing the debt, which guished colleague. The truth is, there is nothing in the brings us to the $350 to $365 billion in- Mr. President, so the distinguished lockbox that everybody is talking terest costs on the national debt. Be- Senator from Pennsylvania has time about. We have been spending it—$857 fore long, I am going to put in a tax al- for the independent counsel, I ask billion that we owe Social Security located to really getting rid of that unanimous consent to extend his time this very minute. So there is nothing debt, whereby we will give a $3.5-tril- from 12:05 to 12:35 so his half hour can in the lockbox. You can see from this lion tax cut, namely, get rid of that in- be preserved. document, when they say, pay down terest cost over the 10-year period. The PRESIDING OFFICER. Without the public debt, there is no such thing That is the kind of tax cut the Senator objection, it is so ordered. as paying down any kind of special from South Carolina would like. Mr. SPECTER. I thank the Senator. debt. You either have a debt that in- I thank my distinguished colleague Mr. HOLLINGS. I thank both of my creases or a debt that decreases and from Pennsylvania. colleagues on the other side of the comes into balance. They play that The PRESIDING OFFICER. Under aisle. shabby game called ‘‘paying down.’’ the previous order and agreement, the I awoke with a shock when I saw we The President even said, as quoted in time until the recess shall be under the had $1 trillion more money to spend. I the New York Times this morning, control of the Senator from Pennsyl- go right back to 1995, just 4 years ago, that he was going to tear up the credit vania. when I said I will jump off the Capitol card. The Senator from Pennsylvania. dome if this budget is balanced by the What they do is transfer the debt f year 2002. I said to myself, it looks as from the general indebtedness of Gov- if I am going to have to jump off the ernment, namely for defense and spend- INDEPENDENT COUNSEL REFORM dome, because they found another $1 ing and everything else, foreign policy ACT OF 1999 trillion. We just have surpluses every- and otherwise, and transfer it over to Mr. SPECTER. Mr. President, I seek where. Social Security, over to the military recognition today to join my col- I felt that way until I picked up the retirees, civilian retirement, over to leagues Senators LEVIN, LIEBERMAN, President’s document—the budget of Medicare, because there is a surplus. and COLLINS in introducing the Inde- the U.S. Government that they gave us So they transfer that debt into these pendent Counsel Reform Act of 1999. today, hot off the press. Turn to page trust funds and say that is paying down Our bill would accomplish two impor- 42 and Members will see the actual def- the debt. It is like having a Visa and a tant goals. First, it would reauthorize icit in 1998 at the end of September was MasterCard and you pay off your Visa the institution of the independent $5,478.7 trillion. card with the MasterCard. You are still counsel for another 5 years. Second, The distinguished Presiding Officer, the Government. If you are still the in- our bill would make significant who is a certified public accountant, dividual, you have your individual changes to the existing independent knows how to add and subtract. For debt; if you are still the Government, counsel statute to correct a number of the 5 years, on page 42, the total gross you have the Government debt. problems which have become clear to Federal debt goes to $6,298 trillion. The One more word and I will yield with all of us during the course of the past Federal debt by the year 2002 that I was gratitude to my distinguished friend few years. worried about has already increased from Pennsylvania. Just turn to page Tomorrow, the independent counsel some $400 billion. By the year 2004, it 43, the next page. You can see the 15- statute will sunset. The law is dying has increased from the 1999 deficit year; they have the debt held by the because there appears to be a con- $551.1 billion. Government, accounts held at the end sensus that it created more problems The debt is going up half a trillion, of the period, which has to be added up than it solved. Many of us have forgot- and everybody is talking surplus. That with the debt held by the public at the ten the very serious problems and con- is totally dismaying to this particular end of the period, and you will see the flicts that led us to pass the statute in Senator. It is a shabby game and a debt goes up to $7.587 trillion. The debt the first place. Any problems with the fraud that we play on the American goes up almost $2 trillion over that 15 law can be fixed, and our bill addresses public. The only entity to keep us hon- years. the issues that have caused the most est is the free press. They join in the Fortuitously, back 4 years ago I was serious complaints. But it would be a fraud. They had a debate some years saying that when President Reagan serious error to eliminate the institu- ago, between Mr. Walter Lippmann and came to town we had an annual budget tion of the independent counsel. John Dewey. This is back before the deficit from year to year and President Many years have passed since Presi- war. Lippmann’s contention was that Reagan said: I am going to balance it dent Nixon’s infamous Saturday Night the way to really build and strengthen the first year. Then he said: Whoops, Massacre. Yet it is important that we a democracy is to get the best of minds this is worse than I ever thought; I’ll remember this episode because it is in the various disciplines—whether it do it in 3 years. Then, with Gramm– such a powerful reminder of why we June 29, 1999 CONGRESSIONAL RECORD — SENATE S7767 passed the independent counsel statute Senators LEVIN, LIEBERMAN, COLLINS panded Mr. Starr’s jurisdiction to in- and why the statute is still needed and I have all attended 5 very com- clude Monica Lewinsky, I publicly today. prehensive hearings before the Senate commented that this was a mistake, Before there was an independent Governmental Affairs Committee from not because Kenneth Starr was not counsel, the Attorney General ap- February to April of this year. During competent to handle the investigation, pointed special prosecutors under his these hearings, we heard from former but because I was afraid that the public control to conduct investigations of independent counsels, former targets of would see this as yet further proof that Presidents and other high ranking offi- independent counsels, judges on the Starr was on a vendetta. I’m afraid this cials. After the Watergate break-in, At- special division of the court which ap- is exactly what came to pass. torney General Elliot Richardson ap- points independent counsels, Inde- Our bill would eliminate this prob- pointed Archibald Cox to serve as the pendent Counsel Kenneth Starr and At- lem by deleting the provision which al- Watergate Special Prosecutor. When torney General Reno. The four of us lows the Attorney General to expand President Nixon decided that Cox’s in- have also met repeatedly to discuss the jurisdiction of an independent vestigation was getting too close to the what is wrong with the current law and counsel beyond his or her original man- truth, he sought to have Cox fired. The how to fix it. The bill we introduce date. Our bill further provides that the President was legally entitled to fire today incorporates many of the sugges- independent counsel can investigate Cox, of course, since Cox was a Justice tions made during these hearings and only topics in his original jurisdiction Department employee like any other. corrects provisions in the bill which or those ‘‘directly related’’ thereto. When Attorney General Elliot Richard- lead to the most serious complaints. The four of us also agreed that some son refused to fire Cox, Richardson was First of all, we all agreed that too independent counsel investigations fired. When Deputy Attorney General many independent counsels have been drag on too long. Lawrence Walsh’s William Ruckelshaus refused to fire appointed for matters which simply do Iran/Contra investigation lasted 6 Cox, Ruckelshaus was also fired. Fi- not warrant this high level of review. years. Kenneth Starr’s investigation of nally, Solicitor General Robert Bork For example, I believe that Attorney President Clinton has been going on for agreed to fire Cox. General Reno made a mistake when she almost 5 years. Investigations of this After Archibald Cox was fired, the asked for appointment of an inde- length are really an anomaly in our White House announced that the office pendent counsel to investigate Sec- of the Watergate special prosecutor criminal justice system. Federal grand retary of Labor Alexis Herman. In Sec- was to be closed and the President’s juries are empaneled for a period of 18 retary Herman’s case, there was really chief of staff sent the FBI to surround months. As district attorney of Phila- insufficient corroboration to justify Cox’s offices and seize the records he delphia, I had a series of grand juries the allegations made against her. To had compiled. Henry Ruth, an old on complex topics such as municipal address this issue, we have raised the friend of mine who was working at the corruption, police corruption and drugs evidentiary standard which must be time as Archibald Cox’s top deputy, de- all of which lasted 18 months. If you met before the Attorney General is re- scribed the following scene in his testi- can’t find certain facts in 18 months, I mony before the Governmental Affairs quired to appoint an independent coun- think the odds are pretty good that Committee on March 3 of this year: sel. The statute currently requires that you will never find them. an independent counsel be appointed Our bill sets a 2-year time limit for In anticipation of adverse action, we had secured copies of key documents in secret lo- when there are ‘‘reasonable grounds to independent counsel investigations. cations around Washington, D.C. and even believe that further investigation is Since there are some who would try to removed some key items from the office that warranted.’’ Our bill provides that an take advantage of this time limit and Saturday night hidden in underwear and independent counsel must be appointed ‘‘run out the clock’’ on an investiga- other unlikely locations. We did not know only when there are ‘‘substantial tion, our bill also empowers the special whether the military would raid our homes grounds to believe that further inves- division of the court to extend this looking for documents. Unanimously, the tigation is warranted.’’ This change original 2-year period for as long as staff of the Watergate prosecutor’s office just refused to leave or to change anything will give an Attorney General the dis- necessary to make up for dilatory tac- we were doing unless someone physically re- cretion to decide that evidence she re- tics. Our bill also provides that the spe- moved us. And if an unprecedented 450,000 ceives is not sufficiently strong to jus- cial division can extend the original telegrams of spontaneous protest had not de- tify an independent counsel investiga- time period for good cause. Finally, the scended upon Washington, D.C. in the few tion. bill requires the Federal courts to con- days after that Saturday night, no one really As a further step to control the num- duct an expedited review of all matters knows if President Nixon would have suc- ber of independent counsel investiga- relating to an investigation and a pros- ceeded in aborting the investigation. In tions, our legislation limits the num- other words, we do not feel that the Depart- ecution by an independent counsel. ment of Justice was an adequate instrument ber of ‘‘covered persons’’ under the Another complaint about the Starr for investigating the President and other statute to the President, Vice Presi- investigation was that his report to high officials of government. dent, members of the President’s Cabi- Congress was a partisan document Eventually, as a result of these tele- net, and the President’s chief of staff. making an argument for impeachment grams and enormous public pressure, Accordingly, it would no longer be pos- rather than providing an impartial Leon Jaworski was appointed as a spe- sible to appoint an independent counsel recitation of evidence. While I believe cial prosecutor and the Watergate in- to investigate lower officials and staff that Mr. Starr was merely doing his vestigation was continued. But this whom an Attorney General could prop- job when he submitted this report, I do positive outcome was far from guaran- erly investigate on his or her own. agree that requiring such a report in- teed. As Mr. Ruth reminded the com- The four of us also agreed that it is a serts an independent counsel into a mittee, ‘‘it is impossible to describe mistake to give an independent counsel process—impeachment—which should how thin a thread existed at that time, jurisdiction over more than one inves- be left entirely to Congress. Accord- and for three weeks, for the continu- tigation. For instance, Kenneth Starr ingly, our bill deletes the requirement ation of what was going on.’’ started as the independent counsel for that the independent counsel submit a It was this dark episode, perhaps Whitewater. Attorney General Reno report to Congress of any substantial more than any other, which convinced later expanded his jurisdiction to cover and credible information that may con- the nation that the individual inves- Travelgate, Filegate, the death of stitute grounds for an impeachment. tigating the President must be truly Vince Foster, and, or course, Monica While Kenneth Starr was blamed for independent of the President. This is a Lewinsky. Unfortunately, the Attorney many things that were not his fault, I lesson we should have to learn only General’s repeated expansion of Mr. do believe he made a mistake when he once. While recent independent coun- Starr’s jurisdiction created the mis- decided to continue his private law sels have made some mistakes, none of taken impression that Mr. Starr was practice while he was serving as an these mistakes are on the scale of a on a personal crusade against Presi- independent counsel. The job of being Saturday Night Massacre. With this dent Clinton, opening new lines of in- an independent counsel is a privilege history as our guide, let us move to fix quiry when prior ones failed to bear and an enormous responsibility—it de- the statute, not eliminate it. fruit. After Attorney General Reno ex- serves someone’s full time attention. S7768 CONGRESSIONAL RECORD — SENATE June 29, 1999 Accordingly, our bill requires that an ious points of view. My own perspective pendent counsel would have to submit independent counsel serve on a full- is molded significantly by my experi- an annual budget. time basis for the duration of his or her ence as district attorney of Philadel- My colleagues are on the floor await- investigation. phia, knowing in detail the work of a ing recognition. I inquire of the Chair It appears that a majority of our col- prosecuting attorney, and the backdrop how much of the 30 minutes has leagues believe that it is better to let of the independent counsel statute was elapsed. independent counsel statute die and re- the ‘‘Saturday Night Massacre,’’ where The PRESIDING OFFICER. Five turn to the old days when special pros- President Nixon was under investiga- minutes 40 seconds. ecutors appointed and controlled by tion and fired two Attorneys General Mr. SPECTER. We reserve the re- the Attorney General will investigate until he found one who would fire the mainder of the time, and in accordance the President and his Cabinet. I am special prosecutor, Archibald Cox. with our procedure of alternating be- confident, however, that after the dust What is not recollected, but was tes- tween the parties, Senator LEVIN has settles and tempers abate, our col- tified to at our hearings by Henry been on the floor but has found it nec- leagues will realize that the inde- Ruth, later the special prosecutor suc- essary to absent himself for a moment. pendent counsel statute provides a bet- ceeding Leon Jaworski, was that at a I yield to Senator LIEBERMAN. ter way to handle investigations of the critical moment, when President Nixon The PRESIDING OFFICER. The President and his cabinet than any of decided to eliminate the special pros- Chair recognizes the Senator from Con- the alternatives. ecutor, the President’s Chief of Staff necticut. We must all remember that the inde- sent the FBI to surround the office of Mr. LIEBERMAN. I thank the Chair pendent counsel statute was passed to the special prosecutor and to seize the and thank my friend and colleague address a serious problem inherent in special prosecutor’s papers. As Henry from Pennsylvania. our system of government—the poten- Ruth outlined it, those in the office Mr. President, I am very pleased to tial for abuse and conflicts of interest took key documents hidden under their be joining today with my friends and when the Attorney General inves- clothing, not knowing what would hap- colleagues, Senators SPECTER, LEVIN, tigates the President and other high- pen next. It was only the public out- and COLLINS, in introducing the Inde- level executive branch officials. After rage, and some 450,000 telegrams which pendent Counsel Reform Act of 1999. all, it is the President who appoints descended on Washington, which led With this bill, we hope to convince our the Attorney General and is the Attor- President Nixon to change his position. colleagues, disillusioned perhaps by the ney General’s boss. Often the Attorney But the importance of independence conduct of particular investigations, General and the President are close in the prosecutor’s office cannot be that the Independent Counsel statute friends. Accordingly, there is an inher- overly emphasized. We have seen expe- serves an essential purpose, and has ent conflict of interest in having the riences with independent counsels, two served us well over the past twenty Attorney General control an investiga- to be specific, that by Judge Walsh, years. We want to convince our col- tion of the President or the President’s former Judge Walsh, who investigated leagues that our legislation will pre- closest associates. Even if an Attorney President Reagan’s administration in serve the essential ideals that moti- General were capable of conducting an Iran-contra, and Judge Starr, former vated the enactment of this statute in impartial investigation, the appear- Judge Starr, who investigated Presi- the years after Watergate, that no per- ance of a conflict of interest is serious dent Clinton, where those two inves- son is above the law, and that our high- enough to discredit the Attorney Gen- tigations have drawn the wrath on both est government officials must be sub- eral’s findings, especially a finding of sides of the political aisle. There does ject to our laws in the same way as any innocence. appear to be a consensus at the mo- other person. If they are guilty, they The independent counsel statute is ment that there ought not be a renewal must be held accountable. If they are the only way to address this inherent of the independent counsel statute. I not, they must be cleared. The Amer- conflict of interest. As memories of the personally believe, and Senators ican people are more likely to trust the Saturday Night Massacre have been LIEBERMAN, LEVIN, and COLLINS concur, findings of an Independent Counsel’s supplanted by memories of Kenneth that this is a fundamental mistake. So investigation and conclusions. Officials Starr, the pendulum of public opinion we have worked from the mistakes of who are wrongly accused will receive has swung too far against the statute. the past to craft a reform bill, and we vindication that is far more credible to I am confident that as soon as the At- have targeted the errors. the public than when it comes from the torney General begins to investigate Sooner or later a crisis will arise in Department of Justice. As a result, the his or her colleagues in the White Washington. It happens all the time. public’s confidence in its government House, the pendulum will swing back The crisis will be about the need to in- is enhanced by the Independent Coun- in the opposite direction. When this oc- vestigate the President or the Vice sel statute. curs, I believe that our colleagues will President or some ranking official. We have drafted new provisions that see that our approach is the best ap- The question will present itself about will curb the excesses we have seen in proach—to fix the problems in the stat- the inherent conflict of interest of the a few recent investigations. These ute, not abandon it. Attorney General, and this statute will changes are substantial. The Com- To reiterate, the existing inde- be available to deal with the problem. mittee on Governmental Affairs held pendent counsel statute is set to expire We have dealt with the mistakes of five hearings on the Independent Coun- by sunset provisions tomorrow, June Walsh-Starr investigations by limiting sel statute. We heard from numerous 30. There have been a series of five ex- the subjects. Only the President, Vice witnesses who had served as Inde- tensive hearings held in the Govern- President, Attorney General, and Cabi- pendent Counsel, and as Attorney Gen- mental Affairs Committee chaired by net members will be subject to inves- eral, from former prosecutors and from our distinguished colleague, Senator tigation. There will not be an expan- defense attorneys. Many witnesses sup- THOMPSON. During the course of those sion of jurisdiction unless directly re- ported the statute, even defense attor- hearings, attended by all four of the co- lated to the central charge, which neys who had represented targets in sponsors of this legislation, we have would eliminate the Monica Lewinsky Independent Counsel investigations. heard extensive testimony. The four of investigation. Both witnesses who opposed the stat- us have met on a number of occasions The independent counsel would have ute outright, and those who advocated to craft the legislation which we are to be full time. I know from my days as keeping it in some form, suggested a introducing today. district attorney it was impossible to number of improvements to the stat- Our fundamental conclusion is that do the job full time, but that ought to ute. We carefully considered those rec- the Attorney General, acting through be a minimal requirement. We have im- ommendations before we sat down to the Department of Justice, has an ir- posed a time limit of some 2 years to be draft a bill that retains the essential reconcilable conflict of interest when extended for cause, or to be extended features of the old law while reducing it comes to investigating top officials automatically for delaying tactics, or its scope, limiting the powers of the of the administration. This is a judg- by priority given by appellate courts Independent Counsel, and bringing ment which we come to from our var- on any legal issues raised. The inde- greater transparency into the process. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7769 As a result of our bill, there will be tice. But the time limit will also en- the current Independent Counsel stat- far fewer Independent Counsel ap- courage future Independent Counsel to ute. Many have dismissed any efforts pointed, they will be appointed only to bring their investigations to an expedi- to revive the Independent Counsel as investigate the highest government of- tious conclusion, and not chase down wrong and futile. No doubt it will be an ficials, and their actions will be con- every imaginable lead. uphill struggle, and I do not expect strained by the same sorts of guide- Our bill makes another important peoples’ minds to be changed over- lines and practical restraints that gov- change that will prevent expansion of night. But I do believe that over time ern regular federal prosecutors. investigations into unrelated areas. several factors will work to change For example, officials covered by the Until now the statute has allowed the peoples’ minds. statute will be limited to the Presi- Attorney General to request an expan- First, I feel confident that we can dent, the Vice President, the Presi- sion of an Independent Counsel’s pros- convince our colleagues that this legis- dent’s Chief of Staff, and Cabinet mem- ecutorial jurisdiction into unrelated lation is a better product than previous bers. This is a major reduction in the areas. This happened several times versions of the statute, and addresses number of officials currently covered with Judge Starr’s investigation, and I the specific concerns raised by the by the Independent Counsel statute. believe those expansions contributed to law’s opponents. Those who have pre- We can trust the Department of Jus- a perception that the prosecutor was dicted the death of the Independent tice to investigate the mid-level offi- pursuing the man and not the crime. Counsel statute had not seen our legis- cials listed in previous versions of the An Independent Counsel must not exist lation. I will work tirelessly, with the statute. If any other investigation to pursue every possible lead against bill’s other co-sponsors, to convince raises a conflict of interest, the Attor- his target until he finds some taint of our colleagues to give this issue a fresh ney General retains the authority to criminality. His function, our bill look. appoint her own Special Counsel. The makes clear, is to investigate that sub- Secondly, several controversial Inde- purpose of our bill is to reserve the ex- ject matter given him in his original pendent Counsel investigations have traordinary mechanism of a court-ap- grant of prosecutorial jurisdiction. clearly soured some people on the law. pointed Independent Counsel for those We also considered how we might im- This is understandable, but it is regret- pose greater budgetary restraints on rare cases involving allegations table, as I do not believe these inves- Independent Counsel. Some have spo- against our highest Executive Branch tigations revealed any flaws in the ken of the need for a strict budget cap, officials. Independent Counsel statute that can- In another change that will reduce but this idea strikes me as impractical, not be fixed. The passions raised by the number of Independent Counsel ap- if not unworkable. It’s just impossible Judge Starr’s investigation of the pointed, the threshold for seeking the to know in advance what crimes a pros- President, in particular, must be al- appointment of an Independent Counsel ecutor will uncover, how far his inves- lowed to subside, just as it took some will be raised, so that a greater amount tigation will have to go to get to the time for the passions inspired by the truth, how expensive a trial and any of evidence to back up the allegation Iran-Contra investigation to subside appeals will be. Instead, we are bring- will be required. The Attorney General before the Independent Counsel statute ing greater budgetary transparency to will also be entitled for the first time could be re-authorized in 1994. the process by directing Independent to issue subpoenas for evidence and Finally, as these passions subside I Counsel to produce an estimated budg- convene grand juries during the pre- believe Members of Congress will et for each year, and by allowing the liminary investigation, and would be gradually be reminded that the Inde- General Accounting Office to comment given more time to conduct the pre- pendent Counsel statute embodies cer- on that budget. At the moment not liminary investigation. This change re- tain principles fundamental to our de- enough is known about how Inde- sponds to concerns that, in the past, mocracy. The alternative to an Inde- pendent Counsel spend their money, pendent Counsel statute is a system in the Attorney General’s hands have and this greater transparency will pro- which the Attorney General must de- been tied during the preliminary inves- vide more incentive for Counsel to cide how to handle substantive allega- tigation stage. With our bill, the De- budget responsibly. partment of Justice will be able to con- A final change that we all readily tions against colleagues in the Cabinet, duct a more substantial preliminary agreed to was to eliminate entirely the or against the President. Often the investigation. requirement that an Independent Coun- President and the Attorney General Each Independent Counsel will have sel refer evidence of impeachable of- are long-time friends and political al- to devote his full time to the position fenses to the House of Representatives. lies. The Attorney General will not be for the duration of his tenure. This will The impeachment power is one of trusted by some to ensure that an unbi- prevent the appearance of conflicts Congress’s essential Constitutional ased investigation will be conducted. In that may arise when an Independent functions, and no part of that role other cases, many will question the Counsel continues with his private should be delegated by statute to a thoroughness of an investigation di- legal practice, and it will expedite in- prosecutor. rected from inside the Department. In vestigations as well. The Independent This bill should be thought of as a a time of great public cynicism about Counsel will also be expected to con- work in progress. We hope to gather government, the Independent Counsel form his conduct to the written guide- input from other Members and from statute guarantees that even the Presi- lines and established policies of the De- outside experts, and to have committee dent and his highest officials will have partment of Justice. The prior version hearings, and we intend to be flexible to answer for their criminal malfea- of that requirement contained a broad about incorporating suggestions. Some sance. In that sense, this statute up- loophole, which has been eliminated. of the provisions contained in the bill holds the rule of law and will help stem There have been many complaints may raise constitutional concerns, the rising tide of cynicism and distrust about runaway prosecutors, who con- which need to be fully explored. For ex- toward our government. The American tinue their investigations longer than ample, giving the Special Division of people support the Independent Coun- is necessary or appropriate. Our bill the Court of Appeals new authority to sel statute because it embodies the will impose a time limit of two years decide whether an Independent Counsel bedrock American principle that no on investigations by Independent Coun- has violated Department of Justice person is above the law. sel. The Special Division of the Court guidelines may violate the doctrine of Mr. President, I am very pleased to of Appeals will be able to grant exten- Separation of Powers. Other provisions be joining today Senator SPECTER, Sen- sions of time, however, for good cause expanding the Court’s role may also ator LEVIN and Senator COLLINS in in- and to compensate for dilatory tactics have to be reformulated. I hope that all troducing the Independent Counsel Re- by opposing counsel. Imposing a flexi- interested parties will be able to work form Act of 1999. It has been a great ble time limit allows Independent together on amendments as harmo- pleasure working with these three col- Counsel the time they genuinely need niously as the four of us did in drafting leagues across party lines in what to complete their investigations, and the original legislation. were, first, long hearings in the Gov- deters adverse counsel from using the The occasion of our introducing this ernmental Affairs Committee on which time limit strategically to escape jus- legislation is tomorrow’s expiration of we all serve, and then some very good S7770 CONGRESSIONAL RECORD — SENATE June 29, 1999 collegial discussions about how to pre- we are not in crisis, when somebody was closed because of the death of the serve the principles involved in the high up in our Government is suspected covered person. Excluding the top five Independent Counsel Act while re- of criminal wrongdoing—and that is most expensive investigations, the av- sponding to what we have learned, par- our hope, that we do not adopt it in the erage cost of an independent counsel ticularly in its recent existence and spirit of crisis, or we will adopt it at investigation was under $1 million. And implementation. We have achieved a that time when someone is suspected of for all but a handful of the cases inves- good balance. criminal wrongdoing and Members of tigated by independent counsel, the re- The point to stress—and my friend this body and the other body will de- sults of the investigations have had the and colleague from Pennsylvania has mand there not be a special counsel ap- public’s confidence. just done it—is this is all about the pointed by the Attorney General but an While some say the lesson of Water- rule of law which is at the heart of independent counsel. gate was that the previous system what the American experience is about, I plead with my colleagues, as the worked, I would refer our colleagues to that no one is above the law. There is law is allowed to expire tomorrow and the testimony of Henry Ruth, who was no monarchy, there is no autocracy. as, hopefully, we have a cooling off pe- in charge of the Watergate special Everyone is supposed to be governed by riod, to take a look at our proposal, to prosecution force during the Saturday the same law. try to separate ourselves from the con- Night Massacre. Referring to the possi- The question is, When the highest of- troversies surrounding Judge Starr’s bility that the coverup by President ficials of our Government, the most time as independent counsel and that Nixon could succeed, Mr. Ruth said, ‘‘It powerful people in this land are sus- of other recent independent counsel, is impossible to describe how thin a pected of criminal wrongdoing, is it ap- and focus on the principle of the rule of thread existed at that time.’’ propriate to have those suspicions in- law, that nobody is above the law in But the independent counsel law, vestigated by the people who are sus- America, and to come to agree with us while working most of the time, has pected themselves or by those whom that the best way to preserve those also been abused by a few overzealous they have appointed? Does that guar- principles is by readopting an Inde- prosecutors. These prosecutors have antee a thorough and independent in- pendent Counsel Act, one that is sub- made it apparent that before we reau- vestigation, and does it guarantee or at stantially reformed. thorize an independent counsel law, it least encourage the kinds of broad- I thank my colleagues, and I yield would need to be dramatically revised based public acceptance of the credi- the floor. to prevent a recurrence of the abuses bility of that investigation that is crit- Mr. SPECTER. Mr. President, I in- that we have seen. The bill we are in- ical to the trust and respect that we quire how much time has elapsed. troducing today represents the lessons hope the American people will have for The PRESIDING OFFICER. Eleven learned, while saving the essential ele- their Government? and a half minutes has elapsed. Under ments of the independent counsel law The four of us have answered that the previous order, the Senator has to preserve public confidence in the what is required is a counsel who is not control of all time until 12:35 p.m. prosecution of our top Government of- just special, as others would provide, Mr. SPECTER. I thank the Chair. I ficials. including the current Attorney Gen- yield to the distinguished Senator from Our bill would, among other things, eral, but one that is genuinely inde- Michigan, Mr. LEVIN. change the law in the following ways. pendent, not appointed by the Attor- The PRESIDING OFFICER. The Sen- First, it would preclude an inde- ney General, and not able to be fired, ator from Michigan. pendent counsel from broadening an in- dismissed by the Attorney General. Mr. LEVIN. Mr. President, I thank vestigation to matters not within the My research has indicated that from my good friend from Pennsylvania, and original grant of jurisdiction. the last century right through the I commend him and Senators COLLINS Second, it would enforce the require- Nixon administration, from President and LIEBERMAN for their effort in put- ment that independent counsel follow Ulysses Grant to President Richard ting together a bill which we believe the established policies of the Depart- Nixon, there were actually six special represents lessons learned but also rep- ment of Justice by giving affected per- counsel appointed to investigate pos- resents the feeling that we need to sons the opportunity to challenge ques- sible criminal behavior by high offi- have an independent counsel law, that tionable independent counsel actions cials of the Government, and three of sooner or later it will again appear not in line with those policies. those were dismissed by the adminis- that this country needs a way in which Third, it would eliminate the require- tration they served, presumably be- to independently investigate allega- ment for an independent counsel to cause they began to act in a way that tions of serious wrongdoing against submit an impeachment report to the unsettled that administration. high-level officials. House of Representatives. That is the principle of the rule of The independent counsel law expires Fourth, it would prohibit persons law, trust in Government, which we tomorrow. It was enacted in 1978 to es- with an apparent or real conflict of in- tried to embody in this proposal with tablish a nonpartisan process for inves- terest from serving as independent the changes that Senator SPECTER has tigating allegations of criminal con- counsel. mentioned. We have added a presump- duct by top executive branch officials. And, fifth, it would establish a pre- tion of a limited term, a higher thresh- The key purpose of the law is to retain sumptive 2-year term for an inde- old for the appointment of an inde- public confidence in criminal inves- pendent counsel’s investigation. pendent counsel, a smaller number of tigations when the Government inves- Those are just five of the many major people to be subject to this statute— tigates its highest officials. The goal is changes that would be made in the the President, Vice President, Attor- to treat top Federal officials no better independent counsel law. ney General, Members of the Cabinet and equally important, no worse than a A handful of independent counsels and the Chief of Staff. private citizen, and at the end of the have exceeded the intent of the inde- The prevailing consensus in this body investigation, when the judgment is pendent counsel law and have taken and the other body is that we should rendered, be it a statement of guilt or the law to places that U.S. Attorneys not renew this statute and it will, of innocence, to have the public accept would not go when investigating pri- course, expire tomorrow. Many have that judgment as a fair and impartial vate citizens. dismissed the efforts we are making one. Independent Counsel Donald Smaltz now as either wrong or futile. No doubt Over the years, there have been many took 4 years and spent $20 million in- it will be an uphill struggle, but I am successful investigations by inde- vestigating allegations of graft in the convinced it is the right struggle, and pendent counsels, most of which re- Agriculture Department. Yet his 2- we can convince our colleagues of the sulted in no indictments or prosecu- month trial of former Secretary Mike justness of our cause. tions but resolved outstanding allega- Espy ended in an acquittal on all 30 I will say something else, Mr. Presi- tions without partisanship or favor. counts of corruption. Shortly there- dent. There will be an independent There have been 20 independent counsel after, the Supreme Court threw out counsel statute in the future. We are investigations in 20 years. Ten of those Smaltz’ conviction of Sun-Diamond either going to adopt it at a time when were closed without indictment; one Growers of California, concluding that June 29, 1999 CONGRESSIONAL RECORD — SENATE S7771 Smaltz and a Federal district court had paign trail this fall. Starr’s spokesman said In a tightly reasoned article in the Na- stretched the law to punish behavior Sunday he won’t submit an interim report, tional Journal, Stuart Taylor Jr. defended that is not a crime. but will take as long as he needs to deter- Mr. Starr’s investigative procedures, includ- The independent counsel for Samuel mine if there is ‘‘substantial and credible in- ing calling Ms. Lewinsky’s mother before the formation’’ that crimes have been com- grand jury, but called for him to resign in Pierce, Secretary of Housing and Urban mitted. favor of someone with less political baggage. Development under President Reagan, Meanwhile, Starr’s investigation continues We are not at that point, because of the was in existence for almost 10 years, to expand—he now employs approximately 60 amount of time that would be lost. If at all and that included almost 4 years after people, including 28 attorneys, not counting possible, the nation needs to have this busi- the independent counsel publicly an- FBI agents working for him, and recently ness driven to a conclusion without the nounced he had closed the case with re- added 7,400 square feet of office space and delay that a switch in leadership would en- spect to Mr. Pierce. opened a new office in Alexandria, Va. tail. Every time Mr. Starr goes off on one of Starr’s ultra-marathon probe still has a these tangents or misreads the law he frit- Whitewater independent counsel Ken- long way to go,be he should keep in mind the ters away support from those who believe in neth Starr has singlehandedly done original intent of the independent counsel the importance of this inquiry but bridle at more to undermine public confidence law, which was to assure a fair and impartial his loco-weed judgments. in the independent counsel law than investigation of high government officials. anybody else. Well over half the Amer- His recent actions indicate that he’s forgot- [From the Wall Street Journal, June 25, 1998] ican people think that Kenneth Starr ten, or lost sight of, the fundamental fact A PROSECUTOR WITHOUT PUBLIC TRUST is partisan and do not trust him to be that our criminal justice systems works well (By Albert R. Hunt) fair. The editorials expressing concern only when it ears the respect and confidence When Independent Counsel Kenneth Starr of the American people. about Mr. Starr’s investigation and continued to represent tobacco companies judgment are voluminous. and spoke to the law school run by [From the New York Times, Feb. 25, 1998] televangelist Pat Robertson—two of Presi- Mr. President, I ask unanimous con- KEN STARR’S MISJUDGMENTS dent Clinton’s arch enemies—his supporters sent that six of those editorials be It has long been apparent that Ken Starr insisted he wasn’t a partisan. He just lacked printed in the RECORD. has a tin ear for political appearances and political judgment. There being no objection, the mate- public relations, but his decision to subpoena When he announced he was going to leave rial was ordered to be printed in the a White House aide, Sidney Blumenthal, un- early and accept a deanship at Pepperdine RECORD, as follows: dermines important legal and constitutional University, partially funded by right-wing principles. On the tactical level, this move Clinton-hater Richard Mellon Scaife, the [From the Hill, July 8, 1998] by the Independent Counsel is bone stupid. Starr chorus claimed he wasn’t insensitive. WHITHER KENNETH STARR? As a matter of principle, it is an attack on He lacked political judgment. Whitewater Independent Counselor Ken- press freedom and the unrestricted flow of Or when he acknowledged in a lengthy, on- neth Starr continues to disappoint his information that is unwarranted by the facts the-record interview with publisher Steven friends and delight his enemies in his long- and beyond his mandate as a prosecutor. Brill that his office, in essence, had leaked running investigation of President Clinton. This latest blunder fits a pattern of chron- to the press during the Clinton investiga- In a week in which Linda Tripp twice testi- ic clumsiness and periodic insensitivity to tion, again Mr. Starr’s supporters insisted he fied before one of the three grand juries Mr. Starr’s public responsibilities. His at- wasn’t part of the right-wing conspiracy. Starr convened during his four-year, $40 mil- tempt to slough off his public duty and flee Again, he just lacked political judgment. Let’s accept the word of Mr. Starr’s legal, lion investigation, he was slapped down by a to Pepperdine University was dismaying. His political and journalistic allies. He’s not a federal judge who ruled that he exceeded his political ties and refusal to give up private right-wing partisan out to destroy the presi- authority in prosecuting former Associate legal clients led us, in times past, to call for dent. He is an inexperienced prosecutor who Attorney General Webster Hubbell. his removal. In four years he has failed to de- lacks political judgment. This is the man de- In a stinging 35-page opinion, U.S. District velop sensitivity to his obligations as custo- ciding whether to bring a controversial case Judge James Robertson threw out the tax dian of an inquiry of national import. Appar- in a political setting against the President of evasion indictment of Hubbell, his wife, his ently his staff contains no one who can talk accountant and his tax lawyer, declaring the United States. him out of bad ideas. No matter how this sordid episode unfolds that Starr had gone on ‘‘the quintessential This time he has failed in his obligation to in the ensuring months. Mr. Starr already fishing expedition’’ in subpoenaing some the law itself. The effort to collect the name has failed miserably in the central role of a 13,000 pages of records from Hubbell after of every journalist who talked with a White special prosecutor; to engender public con- granting him immunity and then using them House communications specialist amounts fidence that he is fair, impartial and inde- to build his case against Hubbell. to a perverse use of the prosecutorial man- pendent. Starr’s behavior toward Hubbell and the date to learn what the Nixon White House This week’s Wall Street Journal/NBC News late Vince Foster was clearly indefensible. attempted to determine through wire-taps. poll shows that Americans think that he is He showed a flagrant disregard for the Con- Like any newspaper, we have an obvious self- none of the above. People are sick of his in- stitution by trying to create an exception ish interest in the confidentiality of the re- vestigation, don’t believe that what he is in- from the lawyer-client privilege in the Fos- porting process. But you do not have to be a vestigating is serious enough to even con- ter case, but he went even further by ignor- journalist to see that Mr. Starr has com- sider impeachment and hold Mr. Starr, far ing Hubbell’s constitutional right against mitted an ignorant assault on one of the more than the president, responsible for the self-incrimination when he improperly used most distinctive and essential elements of four year, $40 million inquiry. information he got from Hubbell under a American democracy. Most devastating for Mr. Starr is that grant of immunity. Mr. Starr created this mess by following a nearly three-quarters of the respondents The ruling was the latest in a series of bad example. Two weeks ago the White have little confidence that the report the legal and public relations setbacks for Starr. House started its own demagogic search for independent counsel is expected to send to Even as he defended himself against charges leaks in an effort to divert attention from Congress will be fair and impartial; even a by media watchdog Steven Brill that he im- the question whether President Clinton and majority of Republicans feel that way. properly leaked information about the his associates had committed perjury or sub- Mr. Starr still holds some prosecutorial Monica Lewinsky investigation to reporters, orned others to commit it. Mr. Starr may cards. Say he makes a few headline indict- Starr was rebuffed by the U.S. Supreme also be miffed by reports that the White ments and assume his report to Congress Court, which rejected his claim that Vincent House has turned its trademark tool of per- seems compelling. If this is so persuasive it Foster’s right to the lawyer-client privilege sonal attack on his prosecutorial staff. But turns around one-third of the doubters—an ended with his death. he does not need to follow that pernicious ambitious achievement—the country would Starr also was put on the defensive by example. He is armed with something more still be split, making it difficult to consider news reports that Tripp asked Lewinsky honorable and powerful in the mandate of impeachment. leading questions about her relationship the Attorney General and the majesty of the ‘‘In every instance in which the public is with President Clinton as she was secretly law. asked to select between Bill Clinton and tape recording the former White House in- But civic health demands that Mr. Starr Kenneth Starr, the public consistently lines tern. Tripp denied the reports in her grand get on with the investigation he is author- up on the president’s side,’’ note Peter Hart jury testimony, according to her lawyer. ized to conduct and bring it to a speedy con- and Robert Teeter, who conducted the sur- But Starr seems undeterred by his latest clusion. The public interest does not lie in vey. problems. He immediately announced he will Mr. Blumenthal’s phone records. It lies in This is not a new problem for the inde- appeal the Hubbell decision, even though it getting, as promptly as possible, the testi- pendent counsel. But just as he’s rounding is almost certain to further delay the conclu- mony of Monica Lewinsky, Vernon Jordan, into what may be the final turn, his public sion of his investigation, even as some Re- Bruce Lindsey, Mr. Clinton and others whose credibility is lower than ever. This reflects, publicans hoped he would deliver an interim testimony bears directly on the issue of false a few detached prosecutors suggest, his inex- report to Congress before they hit the cam- swearing. perience as a prosecutor, a second rate staff S7772 CONGRESSIONAL RECORD — SENATE June 29, 1999 and an obsession to topple the president [From the New York Times, June 22, 1998] maybe even the President on tape obstruct- which causes him to overreach. POLITICS BY OTHER MEANS ing justice.’’ Mr. Starr said his office had ‘‘never asked Mr. Starr’s supporters—many of whom are (By Anthony Lewis) obsessively hostile to the president—say a Ms. Lewinsky to agree to wire herself for a Kenneth Starr likes to say that he is going conversion with Mr. Jordan or the Presi- prosecutor can’t be driven by polls. A deci- ‘‘by the book’’ in his investigation of Presi- sion on whether to subpoena or indict some- dent.’’ But it was not only Mr. Isikoff who dent Clinton and Monica Lewinsky. The rel- said that happened. Ms. Lewinsky’s lawyers one should be made on the legal merits and evant book is the Justice Department’s said in February, in Time magazine, that the not on whether it will curry favor with the Rules of Conduct, published in the Code of prosecutors ‘‘wanted her wired . . . to record public. Federal Regulations. telephone calls with the President of the But if any prosecutor lacks public support, Rule 77.5 says that a Government lawyer U.S., Vernon Jordan and others’’—and made that fatally undermines his or her task; in a ‘‘may not communicate’’ with a party ‘‘who her consent a condition of being given immu- democracy if people don’t believe justice is the attorney for the government knows is nity from prosecution. being served, the system, by definition, isn’t represented by an attorney concerning the We all know that prosecutors leak. But working. subject matter of the representation without Kenneth Starr has been so sanctimonious, so In fact, prosecutors who go after crooked the consent of the lawyer representing such insistent that he never leaks. politicians, mobsters or businessmen tend to a party.’’ Far from going ‘‘by the book,’’ he has in be very popular with the public. From Thom- On Jan. 16 Mr. Starr’s office arranged to many ways abused his extraordinary power. as Dewey to Rudy Guiliani, such prosecu- have Linda Tripp meet Monica Lewinsky at Most Americans perceive that. Others are so tions have been promising stepping stones to the Ritz-Carlton Hotel in Pentagon City. critical of President Clinton that they over- higher office. Occasionally a prosecutor Suddenly Mr. Starr’s agents descended on look Mr. Starr’s abuses. They need remind- over-reaches and stumbles; New Orleans Dis- Ms. Lewinsky. They questioned her for many ing that however tempting the target of a trict Attorney Jim Garrison in the Kennedy hours. prosecutor, the end does not justify abusive assassination and more recently Los Angeles Ms. Lewinsky was represented by Francis means. DA Ira Reiner after a flawed prosecution of D. Carter, who was negotiating for her with [From the Los Angeles Times, Feb. 26, 1998] alleged child abuse. Such blunders are rare. Paula Jones’ lawyers. Mr. Starr did not ask STARR STEPS OUT OF BOUNDS The Starr camp replies that independent Mr. Carter’s consent to speak with his client, counsels have never been so criticized by op- or even inform him. Special counsel Kenneth W. Starr plans ponents and potential targets. That will Violation of that rule was not a light mat- today to bring a White House advisor and his come as news to Iran-Contra Independent ter. The Independent Counsel Act requires records before a grand jury to try to find out Counsel Lawrence Walsh. such a counsel to follow Justice Department what he said to reporters about the Monica regulations unless that would undermine the Lewinsky affair. The basis for this extraor- In 1992, Senate GOP Leader Bob Dole re- purpose of the act—which respecting the dinary assault on privacy is Starr’s suspicion peatedly charged that Mr. Walsh was ‘‘com- right to a lawyer plainly would not—and that Clinton administration aides have been pletely out of control,’’ Earlier, Rep. Henry makes failure to obey the rules ‘‘good cause’’ spreading ‘‘misinformation’’ about personnel Hyde complained the Walsh investigation for the Attorney General to remove the in the special counsel’s office. As Starr sees was of ‘‘essentially minor violations.’’ Terry counsel. it, that could represent an effort to ‘‘intimi- Eastland, a former top Justice Department Mr. Starr has also violated, wholesale, the date prosecutors and investigators, impede official under Ronald Reagan, charged that rules against prosecutors talking to the the work of the grand jury, or otherwise ob- the Walsh inquiry had been a ‘‘waste of press about pending investigations. If anyone struct justice.’’ All of these are federal money,’’ having spent more than $18.5 mil- doubted that, it has now been made crimes. lion of taxpayer funds. President Bush com- unanswerably clear by Steven Brill’s meticu- The subpoena that Starr has issued for plained it ‘‘has been investigated over and lous marshaling of the evidence in the first White House aide Sidney Blumenthal and his over again. . . . It’s been going on for years.’’ issue of Brill’s Content. records appears to be allowable under the The notion that Mr. Starr has been a In his angry reply to the article, Mr. Starr special counsel’s broad powers. At the same naive, defenseless target was undercut by never denied saying to Mr. Brill: ‘‘I have time Starr is clearly treading on highly Mr. Brill’s controversial article last week, in talked with reporters on background on problematical ground with his suggestion which the independent counsel acknowledged some occasions, but Jackie [Bennett Jr., his that any White House campaign to try to that his deputy, Jackie Bennett, spends deputy] has been the primary person in- discredit him or his investigators may rep- more than a little time with the press. volved in that. He has spent much of his resent an illegal effort to influence or inter- That’s not a surprise. One can disagree with time talking to individual reporters.’’ fere with the work of prosecutors or grand some of Mr. Brill’s sweeping conclusions Mr. Brill said that the Starr and Bennett jurors. about the independent counsel and the press talks with the press violated Rule 6e of the Starr has spent a lot of time in Wash- and still have contempt for Mr. Starr’s pious Federal Rules of Criminal Procedure, which ington, enough to grasp the difference be- hypocrisy for pretending earlier that he was forbid disclosure of grand-jury information. tween engaging in hardball politics and com- above the dirty business of leaking. Mr. Starr argued in reply that Rule 6e did mitting a felony. And he has been a lawyer long enough to understand that constitu- Ironically, what infuriates many conserv- not apply because he and his staff disclosed not grand-jury testimony but information tionally protected comment about the spe- atives is that Mr. Clinton is getting away cial counsel’s office does not constitute a without paying any price. That’s simply not obtained elsewhere and comments on it. Whatever the merits of the legal argument conspiratorial attempt to subvert justice. the case. Based on polls, and especially on The truth is that in the Lewinsky inves- about Rule 6e, didn’t the Starr leaks violate anecdotal evidence from outside the Belt- tigation both the independent counsel and ethical rules and Justice Department regula- way, many—probably most—Americans the White House have been playing the game tions? When Mr. Brill asked that question, think the president had a sexual relationship of media manipulation to the hilt, using Mr. Starr replied that they would be viola- with Monica Lewinsky and lied about it. leaks, planted stories, spin control and any- tions except when he was ‘‘countering misin- They don’t want him tarred and feathered thing else—some of it pretty nasty stuff in- formation’’ about his office. ‘‘We have a duty or thrown out of office for these indiscre- deed—to try to shape public opinion. to promote confidence in the work of this of- tions—a typical response is that most people What set Starr off were stories about judi- fice.’’ lie about sex—but it’s affected their view of cial criticism or penalties levied against two What a breathtaking assertion. It means him. His high job approval ratings reflect the of his prosecutors because of their profes- that whenever anyone disagrees with him, terrific economy. Bill Clinton today is a sional conduct years ago. What the two did Mr. Starr has a right to break the rules and much discredited president with virtually no is a matter of public record. But Starr says become an unnamed source for some jour- moral authority. The latest example is the many other allegations about personnel in- nalist ready to convey his version of the tobacco bill, where he was simply unable to volved in his investigation are deliberate story. In politics, that is called spinning. rally public and congressional support. falsehoods, and so he has dubiously raised Mr. Starr’s assertion that his leaks are the felonious specter of attempted intimida- A few weeks ago a delightful retired couple only to counter misinformation was also tion. in Carmel Valley, Calif., Earl and Miriam false. On the day the Lewinsky story broke, But intimidation can cut two ways. Surely Selby, talked about how for the first time in Jan. 21, Mr. Starr told Mr. Brill, Jackie Ben- hauling a White House political adviser and 30 years of marriage they were arguing about nett spent ‘‘much of the day briefing the his log of press contacts before a grand jury politics. Earl Selby, a former newspaperman press.’’ That was before there was any ‘‘mis- can be seen as a sly attempt to keep Clinton and magazine writer, who proudly notes he information’’ to answer. loyalists from talking with the media, deny- cast his first vote for FDR’s third term in Mr. Starr’s veracity is in question on an- ing the public information it has a right to 1940, is ‘‘outraged at how Clinton has lowered other matter. The Brill article says Michael hear and evaluate for itself. That is not respect for the presidency.’’ Miriam, a Isikoff of Newsweek told Mr. Brill that Jack- within Starr’s mandate. former magazine writer, is equally ‘‘outraged ie Bennett asked him to hold up writing The special counsel was not hired to act as at Starr’s tactics and prosecutorial abuse.’’ about Monica Lewinsky in January because a censor. His investigation has often been ac- There is no need for an argument, Selbys. ‘‘they were going to try to get Lewinsky to cused of ranging wide afield. This time it has You both are right. wire herself and get [Vernon] Jordan and stumbled right off the map. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7773 [From the Detroit Free Press, Feb. 26, 1998] pendent counsel to comply with the ex- would require that the judges who STARR’S WAR penditure policies of the Justice De- serve on the special division court be Whatever else Kenneth Starr may accom- partment with respect to salary levels, picked by lottery from a pool of all of plish, he’s becoming the best brief for the use of Government office space and the federal appellate court judges. The abolition of the special prosecutor’s office travel. Special Division would then be re- that anybody could ever imagine. He is exer- But we obviously have failed to fore- quired to develop a list of qualified cising power without wisdom, power without close opportunities for major excesses candidates to serve as independent restraint. His latest wave of subpoenas is an and clear abuses by independent coun- counsels from a list of five candidates attempt to use the grand jury process to punish his critics, an outrageous misuse of sel. Unless we can amend the law suffi- from each federal circuit selected by prosecutorial gunpowder. ciently to stop the excesses and abuses the chief judge of each circuit. Our bill What does Mr. Starr’s current onslaught in the future—and I think we can do would explicitly prohibit an inde- have to do with Whitewater? What does it that—then the law should lapse. We pendent counsel candidate from having have to do even with Monica Lewinsky? Mr. need a law but only if the law ensures an actual or apparent conflict of inter- Starr is angry that someone at the White that individuals who conduct these in- est, and it would encourage the ap- House has dredged up old newspaper stories vestigations are highly qualified, non- pointment of an individual with pros- that suggest he’s got a couple of pit bulls on partisan attorneys with good judgment ecutorial experience. his staff, one of whom was once cited for Mr. Starr was not a prosecutor. In overzealousness in a previous job as a pros- and common sense who are bound in by ecutor. So faxing old New York Daily News appropriate limits. making a number of critically impor- stories around, apparently, has just become The list of lessons learned over the tant judgment calls, Mr. Starr dem- a federal crime last few years is long. We have tried to onstrated a lack of understanding of Mr. Starr is out to bring down the presi- incorporate them into the bill we are the discipline a prosecutor needs in dent, and he seems not to care if he brings introducing today. order to exercise the tremendous dis- down the integrity of the justice system The first issues concern the appoint- cretion and power of the office with with him. The president’s defenders, mean- ment of the independent counsel. There fairness and justice. The bill would while, are whipping up the press to inves- was a high degree of dissatisfaction and seek to remedy this by requiring the tigate the investigators, blasting Mr. Starr individual appointed as independent for leaks from his own staff and in general concern with the choice of Kenneth tipping over garbage cans in the hope that Starr as independent counsel in the counsel to have prosecutorial experi- the clangor will distract attention from the Whitewater matter. The investigation ence ‘‘to the extent practicable.’’ potential obstruction of justice charge that was already well underway with Spe- Many people expressed concern over hangs over the president. cial Counsel Bob Fiske who had been the large and lucrative private practice This is unseemly behavior by both sides, appointed by Attorney General Reno. Mr. Starr continued to have as inde- but the root of it is the unchecked power Mr. Fiske was a well-respected, veteran pendent counsel. We will never know if given to Mr. Starr, Virtually no one has the the investigation into the President ability to jerk his leash; the attorney gen- prosecutor who had also been a lifelong Republican. To remove any doubt could have been concluded much more eral can remove him only for flagrant viola- expeditiously had Mr. Starr set aside tion of the law. He’s the only person or insti- about whether he could be appointed his private practice from the inception tution in the U.S. government that operates under the reauthorized independent of his appointment, but it’s a reason- without checks and balances. counsel law as well, Congress had spe- able possibility at least that it could Come 1999, when the statute is up for re- cifically authorized the special division newal, Republicans who are hugely enjoying have been. Independent counsel ap- of the court to reappoint him. But the the spectacle of a Democratic president at pointments are supposed to receive the three judge special division took it bay ought to recall how they felt about Law- highest priority and the public benefits upon itself to terminate Mr. Fiske and rence Walsh, and how they’ll feel when some from a timely resolution of the allega- replace him with Mr. Starr. Many of us future prosecutor recklessly targets another tions. Our bill would require an inde- GOP occupant of the White House. challenged the court’s decision at the For now, for a moment, assume the worst pendent counsel to devote full time to time, arguing that Mr. Starr was a the investigation to bring it to a is true about Bill Clinton (although Mr. highly partisan person who could not Starr has spend nearly 3 1/2 years and $26 mil- prompt conclusion, because we think bring the necessary appearance of inde- lion and come up dry)—sexual indiscretion, doing so has important benefits to the something funny about a failed land deal in pendence to the job. At the time of his public interest. Arkansas. Then ask who’s doing the worse appointment he was linked to the Another area has to do with the damage to fairness, justice, the conduct of Paula Jones case, having argued pub- scope of jurisdiction. This has been an government and the democratic process—the licly against the President’s position area of great concern to some of us. president or his pursuer? We rest our case. on immunity from civil suit. It turns That relates particularly to Mr. Starr’s Mr. LEVIN. A few of the headlines out he had also conferred numerous investigation, because he was origi- read: ‘‘A Prosecutor Without Public times with attorneys for Paula Jones. nally appointed to investigate the Trust,’’ ‘‘Ken Starr’s Misjudgments,’’ He had served as the Finance Co-Chair- Madison Guarantee Savings and Loan and ‘‘Starr Steps Out of Bounds.’’ Rob- man of the Congressional campaign of matter as it possibly related to Presi- ert Morgenthau, in fact, the District a Republican in Alexandria, Virginia. dent Clinton. But he ended up pros- Attorney for Manhattan, and one of At the time of Mr. Starr’s appointment ecuting a multitude of other matters. the most respected prosecutors in the I wrote to the Special Division and At one point his office even inter- country, is quoted as saying that Mr. urged them to reconsider their deci- viewed Arkansas State troopers about Starr violated ‘‘every rule in the sion. ‘‘The issue with respect to Mr. President Clinton’s relationship with a book.’’ Starr,’’ I said, ‘‘. . . is that he lacks the number of different women when he Some argue that the statute should necessary appearance of independence was Governor. Moreover, Mr. Starr had be scrapped. I cannot agree, provided essential for public confidence in the his jurisdiction expanded to include that we can prevent the abuses we have process.’’ Our concerns have proven to Travelgate, Filegate, and the Monica experienced in the past. We need a be true over time, to the point that Mr. Lewinsky matter. With each expan- mechanism to address credible allega- Starr is perceived by the public as a sion, he looked more and more like a tions of serious criminal wrongdoing partisan prosecutor. prosecutor pursuing a person instead of by top executive branch officials. We Our bill would make some very im- a prosecutor pursuing a crime. have made improvements in the stat- portant changes in the current process In the end he became Javert to Presi- ute each of the three times it has been in this regard. First, the special divi- dent Clinton’s Jean Valjean. Our bill reauthorized over the past 20 years. We sion of three judges who make inde- limits the scope of the original grant of have required independent counsel to pendent counsel appointments under jurisdiction to only those matters that comply with established Justice De- current law are appointed by the Chief are ‘‘directly’’ related to an inde- partment policies and procedures; we Justice of the Supreme Court, and the pendent counsel’s original jurisdiction, have added standards of conduct for court picks an independent counsel and eliminates the provision allowing independent counsel; and we have from a list of candidates developed by an expansion of jurisdiction. Such mat- added a whole new host of cost con- the special division from various rec- ters would be investigated by the De- trols, including requiring new inde- ommendations over time. Our bill partment of Justice or, if appropriate, S7774 CONGRESSIONAL RECORD — SENATE June 29, 1999 a new independent counsel could be ap- her ethics adviser the person already the cooling off period that former Sen- pointed. Only in this way can we pre- housed in the Department of Justice ator Howard Baker prescribed during vent an independent counsel from be- who is familiar with the ethical rules our Governmental Affairs Committee coming a permanent prosecutor of the and regulations of a Justice Depart- hearings. I hope that after a reasonable President or any other covered official. ment Attorney—the designated agency cooling off period we will turn our at- Experience has also taught us that ethics official or DAEO. This will help tention to reestablishing a reasonable some of these independent counsel in- to keep the office of the independent and fair procedure for the investigation vestigations develop huge staffs over counsel in tune with the ethical re- of criminal allegations of our top offi- time—far beyond those that would be quirements of other investigative of- cials and that the legislation we con- available in an ordinary investigation. fices, giving greater assurance that sider at that time contain the nec- At one point, it was alleged that the Justice Department policies with re- essary protections against abuses of Starr investigation was one of the top spect to ethics issues will be followed. power. The bill we are introducing three investigations in terms of num- Great concern has developed over the today is our best effort at drafting such bers of FBI agents in the country— cost of these independent counsel in- legislation. ranking right up there with the vestigations. Mr. Smaltz spent some I yield the floor. Unibomber and the World Trade Center $20 million to have a 30 count indict- Mr. SPECTER. How much time re- bombing. Our bill would limit the num- ment rejected by a jury. Mr. Starr is mains? ber of detailees from the FBI and the likely to be the most expensive inde- Department of Justice to a number pendent counsel ever—topping $50 mil- The PRESIDING OFFICER. The Sen- reasonably related to the number of lion when all is said and done. These ator from Pennsylvania has 7 minutes staff the Justice Department or FBI figures are shocking. The bill would ad- 48 seconds. normally assigns to a similar case. dress this problem by requiring an Mr. SPECTER. That is about a quar- One of my greatest concerns in the independent counsel to establish a ter of the time. past five years has been the failure of budget with consultation of the Attor- I yield to my distinguish colleague Mr. Starr to comply with both the spir- ney General and the General Account- from Maine, Senator COLLINS. it and, I believe, the letter of the law ing Office to review the budget and The PRESIDING OFFICER. The Sen- with respect to the requirement that submit a written analysis to Congress. ator from Maine. an independent counsel follow estab- We have tried with every reauthoriza- Ms. COLLINS. Mr. President, I am lished Department of Justice policies. I tion of this statute to obtain cost con- pleased to be a coauthor of the Inde- have made several floor statements trols over the operations of the inde- pendent Counsel Reform Act of 1999. At identifying the particular instances in pendent counsels. We’ve made some the outset, let me express my deep ap- which I believe Mr. Starr has exceeded progress, but obviously more needs to preciation to Senators SPECTER, Justice Department policies, so I will be done. The bill also sets a two year LIEBERMAN, and LEVIN for the bipar- not elaborate here. The current law re- presumptive limit on the work of an tisan spirit in which they approached quires an independent counsel to follow independent counsel and requires the the task of drafting this important leg- established Justice Department poli- independent counsel to affirmatively islation. Legislation of this com- cies except to the extent to do so would seek an extension for one year from the plexity, which must balance innumer- undermine the purposes of the inde- special court. By requiring an inde- able competing but important inter- pendent counsel law. That exception, pendent counsel to establish a budget ests, is never easy to achieve. This is which was intended to be a very narrow and presumptively limiting the term of particularly true when the legisla- exception, has been used by Mr. Starr an independent counsel to two years, I tion—as is the case in this bill—touch- to justify a laundry list of questionable believe we will impose a useful and es on political nerves that are still raw actions. The bill we are introducing meaningful cost control on these of- and fresh. today would eliminate that exception fices. We have worked very hard to achieve and provide that the only policy an A final concern that many of us have legislation that I believe truly serves independent counsel would be allowed had with the independent counsel law the public interest while correcting the to ignore would be that part of a policy is the provision regarding the referral significant flaws in the current law. or guideline that requires approval by of information to the House of Rep- Supporting the reauthorization of a top Justice Department official. The resentatives regarding possible im- the Independent Counsel Act is not bill provides that even in that situa- peachable offenses. Mr. Starr’s report likely to win this bipartisan group tion, the independent counsel should to the House was not only shockingly much applause from the Clinton ad- consult with a top Justice Department and unnecessarily graphic, it was a ministration or congressional partisans official; he or she just isn’t required to brief for impeachment, far beyond the on either side of the aisle. Many of our get that official’s approval. role envisioned by the independent colleagues say let it die. However, I The bill also creates a remedy for the counsel law. Mr. Starr’s report also caution my colleagues against short situation where a target or witness in violated the fairness expected by the memories. We should not forget what an independent counsel investigation American people by presenting infor- prompted passage of this legislation believes the independent counsel is not mation on possible impeachable of- more than two decades ago and its re- complying with established Justice De- fenses in a biased and prejudicial man- authorization three times since then. partment procedures. Currently, Jus- ner. Under the Constitution, the House tice Department policies are not en- has sole responsibility to decide wheth- The Congress that passed the inde- forceable in court, and several individ- er or not the President should be im- pendent counsel law after Watergate uals who attempted to enforce compli- peached. The independent counsel did wanted to assure the public that there ance by Mr. Starr were turned away by not have a statutory responsibility to were institutional guarantees that the court. This bill would give such an argue for impeachment. His responsi- would never again allow the political individual an explicit right to first ob- bility was to forward ‘‘information’’ to leadership of the Justice Department tain an opinion by the Attorney Gen- the Congress that ‘‘may constitute to obstruct a criminal investigation of eral as to whether an independent grounds for an impeachment.’’ Our bill the President and the highest Govern- counsel was complying with a specific would eliminate the provision with re- ment officials in the land. Their con- Department of Justice policy, and if spect to impeachment, removing any cern was not abstract or based on con- the Attorney General determines that obligation on the part of an inde- jecture. The Justice Department, in- the independent counsel is not, the bill pendent counsel to take any initiative deed, the Attorney General himself was allows the person to seek enforcement in this which is reserved exclusively to implicated in the coverup of criminal from the special court. the House of Representatives by the acts by the incumbent administration. Mr. Starr took the unusual step in Constitution. Do we think it couldn’t happen his investigation to hire an outside Finally, it is clear, obviously, that again? Clearly, unfortunately, it could. ethics attorney. The bill requires an the independent counsel law is going to The fact is, there will always be cases independent counsel to use as his or expire tomorrow. We are going to have in which the Attorney General has an June 29, 1999 CONGRESSIONAL RECORD — SENATE S7775 actual or an apparent conflict of inter- iting coverage to only the President, ‘‘597. Relationship with Department of Jus- est. The Attorney General simply can- the Vice President, the Cabinet, and tice. not credibly conduct an extensive in- the President’s chief of staff. By lim- ‘‘598. Severability. ‘‘599. Termination of effect of chapter. vestigation and make prosecutorial de- iting the coverage of the law, we have cisions involving his or her boss, the reserved the extraordinary remedy of ‘‘§ 591. Applicability of provisions of this chapter President, the Vice President, or col- an independent counsel for those high- leagues in the Cabinet. We must have level officials who will always, by vir- ‘‘(a) PRELIMINARY INVESTIGATION WITH RE- SPECT TO CERTAIN COVERED PERSONS.—The an institutional mechanism that tue of their position, pose a conflict of Attorney General shall conduct a prelimi- assures the public that allegations of interest to the Justice Department. nary investigation in accordance with sec- serious criminal conduct by high level We make many other changes. We tion 592 whenever the Attorney General re- officials will be thoroughly inves- heighten the threshold for the appoint- ceives information sufficient to constitute tigated and, if necessary, prosecuted. ment of an independent counsel, and grounds to investigate whether any person Only by resorting to a prosecutor be- we make clear that an independent described in subsection (b) may have vio- yond the actual and perceived control counsel must follow the prosecutorial lated any Federal criminal law other than a of the administration can the public be guidelines of the Department of Jus- violation classified as a Class B or C mis- demeanor or an infraction. assured that impartial justice extends tice. ‘‘(b) PERSONS TO WHOM SUBSECTION (a) AP- to the most influential and powerful We also abolish the requirement for PLIES.—The persons referred to in subsection leaders of our land. Moreover, the inde- independent counsel to report impeach- (a) are— pendent counsel law fosters public con- able conduct to the House of Rep- ‘‘(1) the President and Vice President; fidence in the decision not to prosecute resentatives. We have come up with a ‘‘(2) any individual serving in a position high level Government officials. A Gov- bill that would preserve this important listed in section 5312 of title 5; and ernment official who has been inves- mechanism while correcting the seri- ‘‘(3) the Chief of Staff to the President. ‘‘(c) EXAMINATION OF INFORMATION TO DE- tigated but cleared by an independent ous flaws in the current act. TERMINE NEED FOR PRELIMINARY INVESTIGA- counsel can justifiably and with credi- Let me conclude by again recognizing TION.— bility reclaim his or her public reputa- the efforts of my distinguished col- ‘‘(1) FACTORS TO BE CONSIDERED.—In deter- tion. Political opponents cannot rea- leagues and applaud them for their mining under subsection (a) or section sonably claim that the official escapes leadership on this important issue. My 592(c)(2) whether grounds to investigate scrutiny and punishment by pulling po- hope is that the rest of our colleagues exist, the Attorney General shall consider litical strings at the Justice Depart- will take advantage of this opportunity only— ment. to remedy the weaknesses in the inde- ‘‘(A) the specificity of the information re- We should keep in mind that the ma- ceived; and pendent counsel law before the next ‘‘(B) the credibility of the source of the in- jority of the independent counsel over unfortunate and inevitable crisis oc- formation. the past two decades have conducted curs and the public is left doubting ‘‘(2) TIME PERIOD FOR MAKING DETERMINA- prompt and cost-effective investiga- whether it can have confidence that TION.—The Attorney General shall determine tions that resulted in decisions not to the laws of this country will be en- whether grounds to investigate exist not prosecute or indict the official accused forced impartially, without regard to later than 30 days after the information is of the criminal wrongdoing. Can there rank or privilege. first received. If within that 30-day period be any doubt that the political credi- I thank the Chair. the Attorney General determines that the bility of these decisions was enhanced Mr. SPECTER. Mr. President, how information is not specific or is not from a credible source, then the Attorney General significantly because the prosecutor much time remains? shall close the matter. If within that 30-day had no political or financial connec- The PRESIDING OFFICER. Fifteen period the Attorney General determines that tions to the target or other members of seconds. the information is specific and from a cred- the administration? If we return these Mr. SPECTER. I thank my distin- ible source, the Attorney General shall, upon important decisions to the Justice De- guished colleagues, Senator COLLINS, making that determination, commence a partment, I fear we will encourage pub- Senator LEVIN, and Senator preliminary investigation with respect to lic skepticism of decisions not to pros- LIEBERMAN, for their fine presen- that information. If the Attorney General is ecute. There will always be a cloud of tations. unable to determine, within that 30-day pe- riod, whether the information is specific and suspicion tainting the decision. Mr. President, I ask unanimous con- from a credible source, the Attorney General The need for the independent counsel sent to have printed in the RECORD a shall, at the end of that 30-day period, com- mechanism is as evident today as it summary of the independent counsel mence a preliminary investigation with re- was back in 1978, when the law was statute, a section-by-section summary spect to that information. first enacted. We have learned much of the Independent Counsel Reform Act ‘‘(d) RECUSAL OF ATTORNEY GENERAL.— from our experience with the law. It is of 1999, and the text of the bill. ‘‘(1) WHEN RECUSAL IS REQUIRED.— flawed. It needs significant reform. There being no objection, the ref- ‘‘(A) INVOLVING THE ATTORNEY GENERAL.—If That is just what the legislation we are erenced materials were ordered to be information received under this chapter in- volves the Attorney General, the next most introducing today would do. printed in the RECORD, as follows: Though I strongly believe we should senior official in the Department of Justice S. 1297 who is not also recused shall perform the du- reauthorize the Independent Counsel Be it enacted by the Senate and House of Rep- ties assigned under this chapter to the At- Act, I am mindful of its many short- resentatives of the United States of America in torney General. comings. I participated in an excellent Congress assembled, ‘‘(B) PERSONAL OR FINANCIAL RELATION- series of hearings chaired by my col- SECTION 1. SHORT TITLE. SHIP.—If information received under this league from Tennessee, Senator This Act may be cited as the ‘‘Independent chapter involves a person with whom the At- THOMPSON, and virtually every witness Counsel Reform Act of 1999’’. torney General has a personal or financial relationship, the Attorney General shall agreed that the law must be changed. SEC. 2. INDEPENDENT COUNSEL STATUTE. recuse himself or herself by designating the The legislation we are introducing Chapter 40 of title 28, United States Code, next most senior official in the Department is amended to read as follows: today takes significant steps to rein in of Justice who is not also recused to perform the length and the cost of independent ‘‘CHAPTER 40—INDEPENDENT COUNSEL the duties assigned under this chapter to the counsel investigations. It limits all ‘‘Sec. Attorney General. independent counsel investigations to a ‘‘591. Applicability of provisions of this chap- ‘‘(2) REQUIREMENTS FOR RECUSAL DETER- maximum of 2 years and only allows ter. MINATION.—Before personally making any the investigation to proceed for addi- ‘‘592. Preliminary investigation and applica- other determination under this chapter with tional 1-year periods upon a special tion for appointment of an respect to information received under this showing to the court. It requires inde- independent counsel. chapter, the Attorney General shall deter- ‘‘593. Duties of the division of the court. mine under paragraph (1)(B) whether recusal pendent counsel to serve full time and ‘‘594. Authority and duties of an independent is necessary. The Attorney General shall set to submit annual budgets to the Gen- counsel. forth this determination in writing, identify eral Accounting Office. ‘‘595. Congressional oversight. the facts considered by the Attorney Gen- We substantially limit the number of ‘‘596. Removal of an independent counsel; eral, and set forth the reasons for the covered officials under the act, lim- termination of office. recusal. The Attorney General shall file this S7776 CONGRESSIONAL RECORD — SENATE June 29, 1999 determination with any notification or ap- this chapter, determines that there are sub- which the congressional request is made. If plication submitted to the division of the stantial grounds to believe that further in- there is such a preliminary investigation, court under this chapter with respect to that vestigation is warranted; or the report shall include the date on which information. ‘‘(B) the 120-day period referred to in sub- the preliminary investigation began or will ‘‘§ 592. Preliminary investigation and applica- section (a)(1), and any extension granted begin. tion for appointment of an independent under subsection (a)(3), have elapsed and the ‘‘(3) SUBMISSION OF INFORMATION IN RE- counsel Attorney General has not filed a notification SPONSE TO CONGRESSIONAL REQUEST.—At the ‘‘(a) CONDUCT OF PRELIMINARY INVESTIGA- with the division of the court under sub- same time as any notification, application, TION.— section (b)(1). or any other document, material, or memo- ‘‘(1) IN GENERAL.—A preliminary investiga- In determining under this chapter whether randum is supplied to the division of the tion conducted under this chapter shall be of there are substantial grounds to believe that court pursuant to this section with respect those matters as the Attorney General con- further investigation is warranted, the At- to a preliminary investigation of any matter siders appropriate in order to make a deter- torney General shall comply with the writ- with respect to which a request is made mination, under subsection (b) or (c), with ten or other established policies of the De- under paragraph (1), that notification, appli- respect to each potential violation, or alle- partment of Justice with respect to the con- cation, or other document, material, or gation of a violation, of criminal law. The duct of criminal investigations. memorandum shall be supplied to the com- Attorney General shall make that deter- ‘‘(2) RECEIPT OF ADDITIONAL INFORMATION.— mittee making the request, or to the com- mination not later than 120 days after the If, after submitting a notification under sub- mittee on which the persons making the re- preliminary investigation is commenced, ex- section (b)(1), the Attorney General receives quest serve. If no application for the appoint- cept that, in the case of a preliminary inves- additional information sufficient to con- ment of an independent counsel is made to tigation commenced after a congressional re- stitute grounds to investigate the matters to the division of the court under this section quest under subsection (g), the Attorney which that notification related, the Attor- pursuant to such a preliminary investiga- General shall make that determination not ney General shall— tion, the Attorney General shall submit a re- later than 120 days after the request is re- ‘‘(A) conduct such additional preliminary port to that committee stating the reasons ceived. The Attorney General shall promptly investigation as the Attorney General con- why the application was not made, address- notify the division of the court specified in siders appropriate for a period of not more ing each matter with respect to which the section 593(a) of the commencement of that than 120 days after the date on which that congressional request was made. preliminary investigation and the date of additional information is received; and ‘‘(4) DISCLOSURE OF INFORMATION.—Any re- commencement. ‘‘(B) otherwise comply with the provisions port, notification, application, or other docu- ‘‘(2) LIMITED AUTHORITY OF ATTORNEY GEN- of this section with respect to that addi- ment, material, or memorandum supplied to ERAL.— tional preliminary investigation to the same a committee under this subsection shall not ‘‘(A) IN GENERAL.—In conducting prelimi- extent as any other preliminary investiga- be revealed to any third party, except that nary investigations under this chapter, the tion under this section. the committee may, either on its own initia- Attorney General shall have no authority to ‘‘(d) CONTENTS OF APPLICATION.—Any appli- tive or upon the request of the Attorney plea bargain or grant immunity. The Attor- cation for the appointment of an inde- General, make public such portion or por- ney General shall have the authority to con- pendent counsel under this chapter shall tions of that report, notification, applica- vene grand juries and issue subpoenas. contain sufficient information to assist the tion, document, material, or memorandum ‘‘(B) NOT TO BE BASED OF DETERMINA- division of the court in selecting an inde- as will not in the committee’s judgment TIONS.—The Attorney General shall not base pendent counsel and in defining that inde- prejudice the rights of any individual. a determination under this chapter— pendent counsel’s prosecutorial jurisdiction ‘‘§ 593. Duties of the division of the court ‘‘(i) that information with respect to a vio- so that the independent counsel has ade- lation of criminal law by a person is not spe- quate authority to fully investigate and ‘‘(a) REFERENCE TO DIVISION OF THE cific and from a credible source upon a deter- prosecute the subject matter and all matters COURT.—The division of the court to which mination that that person lacked the state directly related to that subject matter. this chapter refers is the division established of mind required for the violation of crimi- ‘‘(e) DISCLOSURE OF INFORMATION.—Except under section 49 of this title. nal law; or as otherwise provided in this chapter or as is ‘‘(b) APPOINTMENT AND JURISDICTION OF ‘‘(ii) that there are no substantial grounds deemed necessary for law enforcement pur- INDEPENDENT COUNSEL.— to believe that further investigation is war- poses, no officer or employee of the Depart- ‘‘(1) AUTHORITY.—Upon receipt of an appli- ranted, upon a determination that that per- ment of Justice or an office of independent cation under section 592(c), the division of son lacked the state of mind required for the counsel may, without leave of the division of the court shall appoint an appropriate inde- criminal violation involved, unless there is a the court, disclose to any individual outside preponderance of the evidence that the per- pendent counsel and define the independent the Department of Justice or that office any son lacked that state of mind. counsel’s prosecutorial jurisdiction. The ap- notification, application, or any other docu- pointment shall be made from a list of can- ‘‘(3) EXTENSION OF TIME FOR PRELIMINARY ment, materials, or memorandum supplied didates comprised of 5 individuals rec- INVESTIGATION.—The Attorney General may to the division of the court under this chap- apply to the division of the court for a single ommended by the chief judge of each Federal ter. Nothing in this chapter shall be con- extension, for a period of not more than 90 circuit and forwarded by January 15 of each strued as authorizing the withholding of in- days, of the 120-day period referred to in year to the division of the court. formation from the Congress. paragraph (1). The division of the court may, ‘‘(2) QUALIFICATIONS OF INDEPENDENT COUN- ‘‘(f) LIMITATION ON JUDICIAL REVIEW.—The upon a showing of good cause, grant that ex- SEL.—The division of the court shall appoint Attorney General’s determination under this tension. as independent counsel an individual who— chapter to apply to the division of the court ‘‘(b) DETERMINATION THAT FURTHER INVES- ‘‘(A) has appropriate experience, including, for the appointment of an independent coun- TIGATION NOT WARRANTED.— to the extent practicable, prosecutorial expe- ‘‘(1) NOTIFICATION OF DIVISION OF THE sel shall not be reviewable in any court. rience and who has no actual or apparent ‘‘(g) CONGRESSIONAL REQUEST.— COURT.—If the Attorney General, upon com- personal, financial, or political conflict of in- pletion of a preliminary investigation under ‘‘(1) BY JUDICIARY COMMITTEE OR MEMBERS terest; this chapter, determines that there are no THEREOF.—The Committee on the Judiciary ‘‘(B) will conduct the investigation on a substantial grounds to believe that further of either House of the Congress, or a major- full-time basis and in a prompt, responsible, investigation is warranted, the Attorney ity of majority party members or a majority and cost-effective manner; and General shall promptly so notify the division of all nonmajority party members of either ‘‘(C) does not hold any office of profit or of the court, and the division of the court such committee, may request in writing that trust under the United States. shall have no power to appoint an inde- the Attorney General apply for the appoint- ‘‘(3) SCOPE OF PROSECUTORIAL JURISDIC- pendent counsel with respect to the matters ment of an independent counsel. TION.— involved. ‘‘(2) REPORT BY ATTORNEY GENERAL PURSU- ‘‘(A) IN GENERAL.—In defining the inde- ‘‘(2) FORM OF NOTIFICATION.—Notification ANT TO REQUEST.—Not later than 30 days pendent counsel’s prosecutorial jurisdiction under paragraph (1) shall contain a summary after the receipt of a request under para- under this chapter, the division of the court of the information received and a summary graph (1), the Attorney General shall submit, shall assure that the independent counsel of the results of the preliminary investiga- to the committee making the request, or to has adequate authority to fully investigate tion. the committee on which the persons making and prosecute— ‘‘(c) DETERMINATION THAT FURTHER INVES- the request serve, a report on whether the ‘‘(i) the subject matter with respect to TIGATION IS WARRANTED.— Attorney General has begun or will begin a which the Attorney General has requested ‘‘(1) APPLICATION FOR APPOINTMENT OF INDE- preliminary investigation under this chapter the appointment of the independent counsel; PENDENT COUNSEL.—The Attorney General of the matters with respect to which the re- and shall apply to the division of the court for quest is made, in accordance with section ‘‘(ii) all matters that are directly related the appointment of an independent counsel 591(a). The report shall set forth the reasons to the independent counsel’s prosecutorial if— for the Attorney General’s decision regard- jurisdiction and the proper investigation and ‘‘(A) the Attorney General, upon comple- ing the preliminary investigation as it re- prosecution of the subject matter of such ju- tion of a preliminary investigation under lates to each of the matters with respect to risdiction. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7777

‘‘(B) DIRECTLY RELATED.—In this para- ‘‘§ 594. Authority and duties of an inde- to or from the city in which the primary of- graph, the term ‘directly related matters’ in- pendent counsel fice of the independent counsel or person is cludes Federal crimes, other than those clas- ‘‘(a) AUTHORITIES.—Notwithstanding any located. The 1-year period may be extended sified as Class B or C misdemeanors or in- other provision of law, an independent coun- for successive 6-month periods if the inde- fractions, that impede the investigation and sel appointed under this chapter shall have, pendent counsel and the division of the court prosecution, such as perjury, obstruction of with respect to all matters in that inde- certify that the payment is in the public in- justice, destruction of evidence, and intimi- pendent counsel’s prosecutorial jurisdiction terest to carry out the purposes of this chap- dation of witnesses. established under this chapter, full power ter. ‘‘(4) DISCLOSURE OF IDENTITY AND PROSECU- and independent authority to exercise all in- ‘‘(B) RELEVANT FACTORS.—In making any TORIAL JURISDICTION.—An independent coun- vestigative and prosecutorial functions and certification under this paragraph with re- sel’s identity and prosecutorial jurisdiction powers of the Department of Justice, the At- spect to travel and subsistence expenses of may not be made public except upon the re- torney General, and any other officer or em- an independent counsel or person appointed quest of the Attorney General or upon a de- ployee of the Department of Justice, except under subsection (c), that employee shall termination of the division of the court that that the Attorney General shall exercise di- consider, among other relevant factors— disclosure of the identity and prosecutorial rection or control as to those matters that ‘‘(i) the cost to the Government of reim- jurisdiction of that independent counsel specifically require the Attorney General’s bursing those travel and subsistence ex- would be in the best interests of justice. In personal action under section 2516 of title 18. penses; any event, the identity and prosecutorial ju- Such investigative and prosecutorial func- ‘‘(ii) the period of time for which the inde- risdiction of the independent counsel shall be tions and powers shall include— pendent counsel anticipates that the activi- made public when any indictment is re- ‘‘(1) conducting proceedings before grand ties of the independent counsel or person, as turned, or any criminal information is filed, juries and other investigations; the case may be, will continue; pursuant to the independent counsel’s inves- ‘‘(2) participating in court proceedings and ‘‘(iii) the personal and financial burdens on tigation. engaging in any litigation, including civil the independent counsel or person, as the ‘‘(c) RETURN FOR FURTHER EXPLANATION.— and criminal matters, that the independent case may be, of relocating so that the travel Upon receipt of a notification under section counsel considers necessary; and subsistence expenses would not be in- 592 from the Attorney General that there are ‘‘(3) appealing any decision of a court in curred; and no substantial grounds to believe that fur- any case or proceeding in which the inde- ‘‘(iv) the burdens associated with appoint- ther investigation is warranted with respect pendent counsel participates in an official ing a new independent counsel, or appointing to information received under this chapter, capacity; another person under subsection (c), to re- the division of the court shall have no au- ‘‘(4) reviewing all documentary evidence place the individual involved who is unable thority to overrule this determination but available from any source; or unwilling to so relocate. may return the matter to the Attorney Gen- ‘‘(5) determining whether to contest the as- ‘‘(c) ADDITIONAL PERSONNEL.—For the pur- eral for further explanation of the reasons sertion of any testimonial privilege; poses of carrying out the duties of an office for that determination. ‘‘(6) receiving appropriate national secu- of independent counsel, an independent coun- ‘‘(d) VACANCIES.—If a vacancy in office rity clearances and, if necessary, contesting sel may appoint, fix the compensation, and assign the duties of such employees as such arises by reason of the resignation, death, or in court (including, where appropriate, par- independent counsel considers necessary (in- removal of an independent counsel, the divi- ticipating in in camera proceedings) any cluding investigators, attorneys, and part- sion of the court shall appoint an inde- claim of privilege or attempt to withhold time consultants). The positions of all such pendent counsel to complete the work of the evidence on grounds of national security; employees are exempted from the competi- independent counsel whose resignation, ‘‘(7) making applications to any Federal death, or removal caused the vacancy, except tive service. Such employees shall be com- court for a grant of immunity to any wit- pensated at levels not to exceed those pay- that in the case of a vacancy arising by rea- ness, consistent with applicable statutory re- able for comparable positions in the Office of son of the removal of an independent coun- quirements, or for warrants, subpoenas, or United States Attorney for the District of sel, the division of the court may appoint an other court orders, and, for purposes of sec- Columbia under sections 548 and 550, but in acting independent counsel to serve until tions 6003, 6004, and 6005 of title 18, exercising no event shall any such employee be com- any judicial review of the removal is com- the authority vested in a United States at- pensated at a rate greater than the rate of pleted. torney or the Attorney General; basic pay payable for level ES–4 of the Sen- ‘‘(e) ATTORNEYS’ FEES.— ‘‘(8) inspecting, obtaining, or using the ior Executive Service Schedule under section ‘‘(1) AWARD OF FEES.—Upon the request of original or a copy of any tax return, in ac- 5382 of title 5, as adjusted for the District of an individual who is the subject of an inves- cordance with the applicable statutes and Columbia under section 5304 of that title re- tigation conducted by an independent coun- regulations, and, for purposes of section 6103 gardless of the locality in which an employee sel pursuant to this chapter, the division of of the Internal Revenue Code of 1986 and the is employed. the court may, if no indictment is brought regulations issued thereunder, exercising the ‘‘(d) ASSISTANCE OF DEPARTMENT OF JUS- against that individual pursuant to the in- powers vested in a United States attorney or TICE.— vestigation, award reimbursement for those the Attorney General; ‘‘(1) IN CARRYING OUT FUNCTIONS.—An inde- reasonable attorneys’ fees incurred by the ‘‘(9) initiating and conducting prosecutions pendent counsel may request assistance from individual during the investigation which in any court of competent jurisdiction, fram- the Department of Justice in carrying out would not have been incurred but for the re- ing and signing indictments, filing informa- the functions of the independent counsel, quirements of this chapter. The division of tions, and handling all aspects of any case, and the Department of Justice shall provide the court shall notify the independent coun- in the name of the United States; and that assistance, which may include access to sel who conducted the investigation and the ‘‘(10) consulting with the United States at- any records, files, or other materials rel- Attorney General of any request for attor- torney for the district in which any violation evant to matters within that independent neys’ fees under this subsection. of law with respect to which the independent counsel’s prosecutorial jurisdiction, and the ‘‘(2) EVALUATION OF FEES.—The division of counsel is appointed was alleged to have oc- use of the resources and personnel necessary the court shall direct the independent coun- curred. to perform that independent counsel’s du- sel and the Attorney General to file a writ- ‘‘(b) COMPENSATION.— ties. At the request of an independent coun- ten evaluation of any request for attorneys’ ‘‘(1) IN GENERAL.—An independent counsel sel, prosecutors, administrative personnel, fees under this subsection, addressing— appointed under this chapter shall receive and other employees of the Department of ‘‘(A) the sufficiency of the documentation; compensation at the annual rate of basic pay Justice may be detailed to the staff of the ‘‘(B) the need or justification for the un- payable for level IV of the Executive Sched- independent counsel to the extent the num- derlying item; ule under section 5315 of title 5. ber of staff so detailed is reasonably related ‘‘(C) whether the underlying item would ‘‘(2) TRAVEL EXPENSES.—Except as provided to the number of staff ordinarily assigned by have been incurred but for the requirements in paragraph (3), an independent counsel and the Department to conduct an investigation of this chapter; and persons appointed under subsection (c) shall of similar size and complexity. ‘‘(D) the reasonableness of the amount of be entitled to the payment of travel expenses ‘‘(2) PAYMENT OF AND REPORTS ON EXPENDI- money requested. as provided by subchapter I of chapter 57 of TURES OF INDEPENDENT COUNSEL.—The De- ‘‘(f) DISCLOSURE OF INFORMATION.—The di- title 5, United States Code, including travel, partment of Justice shall pay all costs relat- vision of the court may, subject to section per diem, and subsistence expenses in ac- ing to the establishment and operation of 594(h)(2), allow the disclosure of any notifica- cordance with section 5703 of title 5. any office of independent counsel. The Attor- tion, application, or any other document, ‘‘(3) TRAVEL TO PRIMARY OFFICE.— ney General shall submit to the Congress, material, or memorandum supplied to the di- ‘‘(A) IN GENERAL.—After 1 year of service not later than 30 days after the end of each vision of the court under this chapter. under this chapter, an independent counsel fiscal year, a report on amounts paid during ‘‘(g) AMICUS CURIAE BRIEFS.—When pre- and persons appointed under subsection (c) that fiscal year for expenses of investiga- sented with significant legal issues, the divi- shall not be entitled to the payment of trav- tions and prosecutions by independent coun- sion of the court may disclose sufficient in- el, per diem, or subsistence expenses under sel. Each such report shall include a state- formation about the issues to permit the fil- subchapter I of chapter 57 of title 5, United ment of all payments made for activities of ing of timely amicus curiae briefs. States Code, for the purpose of commuting independent counsel but may not reveal the S7778 CONGRESSIONAL RECORD — SENATE June 29, 1999 identity or prosecutorial jurisdiction of any after until the office of that independent appointed by that independent counsel under independent counsel which has not been dis- counsel terminates, a report which identifies subsection (c) may not— closed under section 593(b)(4). and explains major expenses, and summa- ‘‘(A) for 3 years following the termination ‘‘(e) REFERRAL OF DIRECTLY RELATED MAT- rizes all other expenses, incurred by that of- of the service under this chapter of that TERS TO AN INDEPENDENT COUNSEL.—An inde- fice during the 6-month period with respect independent counsel or appointed person, as pendent counsel may ask the Attorney Gen- to which the report is filed, and estimates fu- the case may be, represent any person in any eral or the division of the court to refer to ture expenses of that office; and matter if that individual was the subject of the independent counsel only such matters ‘‘(B) before the termination of the inde- an investigation or prosecution under this that are directly related to the independent pendent counsel’s office under section 596(b), chapter that was conducted by that inde- counsel’s prosecutorial jurisdiction, and the file a final report with the division of the pendent counsel; or Attorney General or the division of the court, setting forth only the following: ‘‘(B) for 1 year following the termination of court, as the case may be, may refer such ‘‘(i) the jurisdiction of the independent the service under this chapter of that inde- matters. If the Attorney General refers a counsel’s investigation; pendent counsel or appointed person, as the matter to an independent counsel on the At- ‘‘(ii) a list of indictments brought by the case may be, represent any person in any torney General’s own initiative, the inde- independent counsel and the disposition of matter involving any investigation or pros- pendent counsel may accept that referral each indictment, including any verdicts, ecution under this chapter. only if the matter directly relates to the pleas, convictions, pardons, and sentences; ‘‘(3) ONE-YEAR BAN ON REPRESENTATION BY independent counsel’s prosecutorial jurisdic- and MEMBERS OF FIRMS OF INDEPENDENT COUN- tion. If the Attorney General refers any mat- ‘‘(iii) a summary of the expenses of the SEL.—Any person who is associated with a ter to the independent counsel pursuant to independent counsel’s office. firm with which an independent counsel is the independent counsel’s request, or if the ‘‘(2) DISCLOSURE OF INFORMATION IN RE- associated or becomes associated after ter- independent counsel accepts a referral made PORTS.—The division of the court may re- mination of the service of that independent by the Attorney General on the Attorney lease to the Congress, the public, or any ap- counsel under this chapter may not, for 1 General’s own initiative, the independent propriate person, those portions of a report year following that termination, represent counsel shall so notify the division of the made under this subsection as the division of any person in any matter involving any in- court. the court considers appropriate. The division vestigation or prosecution under this chap- ‘‘(f) COMPLIANCE WITH POLICIES OF THE DE- of the court shall make those orders as are ter. PARTMENT OF JUSTICE.— appropriate to protect the rights of any indi- ‘‘(4) DEFINITIONS.—For purposes of this ‘‘(1) IN GENERAL.—An independent counsel vidual named in that report and to prevent subsection— shall comply with the written or other estab- undue interference with any pending pros- ‘‘(A) the term ‘firm’ means a law firm lished policies of the Department of Justice ecution. The division of the court may make whether organized as a partnership or cor- respecting enforcement of the criminal laws any portion of a final report filed under para- poration; and except when that policy requires the specific graph (1)(B) available to any individual ‘‘(B) a person is ‘associated’ with a firm if approval of the Attorney General or another named in that report for the purposes of re- that person is an officer, director, partner, or Department of Justice official. If a policy re- ceiving within a time limit set by the divi- other member or employee of that firm. quires the approval of the Attorney General sion of the court any comments or factual ‘‘(5) ENFORCEMENT.—The Attorney General or other Department of Justice official, an information that the individual may submit. and the Director of the Office of Government independent counsel is encouraged to consult Such comments and factual information, in Ethics have authority to enforce compliance with the Attorney General or other official. whole or in part, may, in the discretion of with this subsection. The designated agency To identify and understand these policies the division of the court, be included as an ethics official for the Department of Justice and policies under subsection (l)(1)(B), the appendix to the final report. shall be the ethics adviser for the inde- independent counsel shall consult with the ‘‘(3) PUBLICATION OF REPORTS.—At the re- pendent counsel and employees of the inde- Department of Justice. quest of an independent counsel, the Public pendent counsel. ‘‘(2) NATIONAL SECURITY.—An independent Printer shall cause to be printed any report counsel shall comply with guidelines and previously released to the public under para- ‘‘(k) CUSTODY OF RECORDS OF AN INDE- procedures used by the Department in the graph (2). The independent counsel shall cer- PENDENT COUNSEL.— handling and use of classified material. tify the number of copies necessary for the ‘‘(1) TRANSFER OF RECORDS.—Upon termi- ‘‘(3) RELIEF FROM A VIOLATION OF POLI- public, and the Public Printer shall place the nation of the office of an independent coun- CIES.— cost of the required number to the debit of sel, that independent counsel shall transfer ‘‘(A) IN GENERAL.—A person who is a tar- the independent counsel. Additional copies to the Archivist of the United States all get, witness, or defendant in, or otherwise di- shall be made available to the public through records which have been created or received rectly affected by, an investigation by an the depository library program and Super- by that office. Before this transfer, the inde- independent counsel and who has reason to intendent of Documents sales program pur- pendent counsel shall clearly identify which believe that the independent counsel is vio- suant to sections 1702 and 1903 of title 44. of these records are subject to rule 6(e) of the lating a written policy of the Department of ‘‘(i) INDEPENDENCE FROM DEPARTMENT OF Federal Rules of Criminal Procedure as Justice material to the independent coun- JUSTICE.—Each independent counsel ap- grand jury materials and which of these sel’s investigation, may ask the Attorney pointed under this chapter, and the persons records have been classified as national secu- General to determine whether the inde- appointed by that independent counsel under rity information. Any records which were pendent counsel has violated that policy. subsection (c), are employees of the Depart- compiled by an independent counsel and, The Attorney General shall respond in writ- ment of Justice for purposes of sections 202 upon termination of the independent coun- ing within 30 days. through 209 of title 18. sel’s office, were stored with the division of ‘‘(B) RELIEF.—If the Attorney General de- ‘‘(j) STANDARDS OF CONDUCT APPLICABLE TO the court or elsewhere before the enactment termines that the independent counsel has INDEPENDENT COUNSEL, PERSONS SERVING IN of the Independent Counsel Reauthorization violated a written policy of the Department THE OFFICE OF AN INDEPENDENT COUNSEL, AND Act of 1987, shall also be transferred to the of Justice material to the investigation by THEIR LAW FIRMS.— Archivist of the United States by the divi- the independent counsel pursuant to sub- ‘‘(1) RESTRICTIONS ON EMPLOYMENT WHILE sion of the court or the person in possession paragraph (A), the Attorney General may INDEPENDENT COUNSEL AND APPOINTEES ARE of those records. ask the division of the court to order the SERVING.— ‘‘(2) MAINTENANCE, USE, AND DISPOSAL OF independent counsel to comply with that ‘‘(A) INDEPENDENT COUNSEL.—During the RECORDS.—Records transferred to the Archi- policy, and the division of the court may period in which an independent counsel is vist under this chapter shall be maintained, order appropriate relief. serving under this chapter— used, and disposed of in accordance with ‘‘(g) DISMISSAL OF MATTERS.—The inde- ‘‘(i) that independent counsel shall have no chapters 21, 29, and 33 of title 44. pendent counsel shall have full authority to other paid employment; and ‘‘(3) ACCESS TO RECORDS.— dismiss matters within the independent ‘‘(ii) any person associated with a firm ‘‘(A) IN GENERAL.—Subject to paragraph counsel’s prosecutorial jurisdiction without with which that independent counsel is asso- (4), access to the records transferred to the conducting an investigation or at any subse- ciated may not represent in any matter any Archivist under this chapter shall be gov- quent time before prosecution, if to do so person involved in any investigation or pros- erned by section 552 of title 5. would be consistent with the written or ecution under this chapter. ‘‘(B) ACCESS BY DEPARTMENT OF JUSTICE.— other established policies of the Department ‘‘(B) OTHER PERSONS.—During the period in The Archivist shall, upon written applica- of Justice with respect to the enforcement of which any person appointed by an inde- tion by the Attorney General, disclose any criminal laws. pendent counsel under subsection (c) is serv- such records to the Department of Justice ‘‘(h) REPORTS BY INDEPENDENT COUNSEL.— ing in the office of independent counsel, that for purposes of an ongoing law enforcement ‘‘(1) REQUIRED REPORTS.—An independent person may not represent in any matter any investigation or court proceeding, except counsel shall— person involved in any investigation or pros- that, in the case of grand jury materials, ‘‘(A) file with the division of the court, ecution under this chapter. those records shall be so disclosed only by with respect to the 6-month period beginning ‘‘(2) POST EMPLOYMENT RESTRICTIONS ON order of the court of jurisdiction under rule on the date of his or her appointment, and INDEPENDENT COUNSEL AND APPOINTEES.— 6(e) of the Federal Rules of Criminal Proce- with respect to each 6-month period there- Each independent counsel and each person dure. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7779

‘‘(C) EXCEPTION.—Notwithstanding any re- newly appointed independent counsels imme- may, if necessary to protect the rights of striction on access imposed by law, the Ar- diately upon appointment with appropriate, any individual named in the report or to pre- chivist and persons employed by the Na- temporary office space, equipment, and sup- vent undue interference with any pending tional Archives and Records Administration plies. prosecution, postpone or refrain from pub- who are engaged in the performance of nor- ‘‘(m) EXPEDITED JUDICIAL CONSIDERATION lishing any or all of the report. The division mal archival work shall be permitted access AND REVIEW.—It shall be the duty of the of the court may release any or all of the re- to the records transferred to the Archivist courts of the United States to advance on port in accordance with section 594(h)(2). under this chapter. the docket and to expedite to the greatest ‘‘(3) JUDICIAL REVIEW OF REMOVAL.—An ‘‘(4) RECORDS PROVIDED BY CONGRESS.— extent possible the disposition of matters re- independent counsel removed from office Records of an investigation conducted by a lating to an investigation and prosecution by may obtain judicial review of the removal in committee of the House of Representatives an independent counsel under this chapter a civil action commenced in the United or the Senate which are provided to an inde- consistent with the purposes of this chapter. States District Court for the District of Co- pendent counsel to assist in an investigation ‘‘§ 595. Congressional oversight lumbia. A member of the division of the or prosecution conducted by that inde- ‘‘(a) OVERSIGHT OF CONDUCT OF INDE- court may not hear or determine any such pendent counsel— PENDENT COUNSEL.— civil action or any appeal of a decision in ‘‘(A) shall be maintained as a separate ‘‘(1) CONGRESSIONAL OVERSIGHT.—The ap- any such civil action. The independent coun- body of records within the records of the propriate committees of the Congress shall sel may be reinstated or granted other ap- independent counsel; and have oversight jurisdiction with respect to propriate relief by order of the court. ‘‘(B) shall, after the records have been the official conduct of any independent coun- ‘‘(b) TERMINATION OF OFFICE.— transferred to the Archivist under this chap- sel appointed under this chapter, and the ‘‘(1) TERMINATION BY ACTION OF INDE- PENDENT COUNSEL.—An office of independent ter, be made available, except as provided in independent counsel shall have the duty to counsel shall terminate when— paragraph (3) (B) and (C), in accordance with cooperate with the exercise of that oversight ‘‘(A) the independent counsel notifies the the rules governing release of the records of jurisdiction. the House of Congress that provided the Attorney General that the investigation of ‘‘(2) REPORTS TO CONGRESS.—An inde- all matters within the prosecutorial jurisdic- records to the independent counsel. pendent counsel appointed under this chap- tion of the independent counsel or accepted Subparagraph (B) shall not apply to those ter shall submit to the Congress annually a by the independent counsel under section records which have been surrendered pursu- report on the activities of the independent 594(e), and any resulting prosecutions, have ant to grand jury or court proceedings. counsel, including a description of the ‘‘(l) COST AND ADMINISTRATIVE SUPPORT.— been completed or so substantially com- progress of any investigation or prosecution ‘‘(1) COST CONTROLS.— pleted that it would be appropriate for the conducted by the independent counsel. The ‘‘(A) IN GENERAL.—An independent counsel Department of Justice to complete those in- shall— report may omit any matter that in the vestigations and prosecutions; and ‘‘(i) conduct all activities with due regard judgment of the independent counsel should ‘‘(B) the independent counsel files a final for expense; be kept confidential, but shall provide infor- report in compliance with section ‘‘(ii) authorize only reasonable and lawful mation adequate to justify the expenditures 594(h)(1)(B). that the office of the independent counsel expenditures; and ‘‘(2) TERMINATION BY DIVISION OF THE ‘‘(iii) promptly, upon taking office, assign has made. COURT.—The division of the court, either on ‘‘(b) OVERSIGHT OF CONDUCT OF ATTORNEY to a specific employee the duty of certifying its own motion or upon the request of the GENERAL.—Within 15 days after receiving an that expenditures of the independent counsel Attorney General, may terminate an office inquiry about a particular case under this are reasonable and made in accordance with of independent counsel at any time, on the chapter, which is a matter of public knowl- law. ground that the investigation of all matters edge, from a committee of the Congress with ‘‘(B) LIABILITY FOR INVALID CERTIFI- within the prosecutorial jurisdiction of the jurisdiction over this chapter, the Attorney CATION.—An employee making a certification independent counsel or accepted by the inde- under subparagraph (A)(iii) shall be liable for General shall provide the following informa- pendent counsel under section 594(e), and any an invalid certification to the same extent as tion to that committee with respect to the resulting prosecutions, have been completed a certifying official certifying a voucher is case: or so substantially completed that it would liable under section 3528 of title 31. ‘‘(1) When the information about the case be appropriate for the Department of Justice was received. ‘‘(C) DEPARTMENT OF JUSTICE POLICIES.—An to complete those investigations and pros- independent counsel shall comply with the ‘‘(2) Whether a preliminary investigation is ecutions. At the time of that termination, established policies of the Department of being conducted, and if so, the date it began. the independent counsel shall file the final Justice respecting expenditures of funds. ‘‘(3) Whether an application for the ap- report required by section 594(h)(1)(B). If the ‘‘(2) BUDGET.—The independent counsel, pointment of an independent counsel or a no- Attorney General has not made a request after consulting with the Attorney General, tification that further investigation is not under this paragraph, the division of the shall, within 90 days of appointment, submit warranted has been filed with the division of court shall determine on its own motion a budget for the first year of the investiga- the court, and if so, the date of that filing. whether termination is appropriate under tion and, on the anniversary of the appoint- ‘‘§ 596. Removal of an independent counsel; this paragraph no later than 2 years after the ment, for each year thereafter to the Attor- termination of office appointment of an independent counsel. ney General and the General Accounting Of- ‘‘(a) REMOVAL; REPORT ON REMOVAL.— ‘‘(3) TERMINATION AFTER 2 YEARS.— fice. The General Accounting Office shall re- ‘‘(1) GROUNDS FOR REMOVAL.— ‘‘(A) GENERAL RULE.—Except as provided in view the budget and submit a written ap- ‘‘(A) IN GENERAL.—An independent counsel subparagraph (B), the term of an inde- praisal of the budget to the independent appointed under this chapter may be re- pendent counsel shall terminate at the expi- counsel and the Committees on Govern- moved from office, other than by impeach- ration of 2 years after the date of appoint- mental Affairs and Appropriations of the ment and conviction, only by the personal ment of the independent counsel and any Senate and the Committees on the Judiciary action of the Attorney General and only for matters under investigation by the inde- and Appropriations of the House of Rep- good cause, physical or mental disability (if pendent counsel shall be transferred to the resentatives. not prohibited by law protecting persons Attorney General. ‘‘(3) ADMINISTRATIVE SUPPORT.—The Direc- from discrimination on the basis of such a ‘‘(B) EXCEPTIONS.— tor of the Administrative Office of the disability), or any other condition that im- ‘‘(i) GOOD CAUSE.—An independent counsel United States Courts shall provide adminis- pairs the performance of that independent may petition the division of the court to ex- trative support and guidance to each inde- counsel’s duties. tend the investigation of the independent pendent counsel. No officer or employee of ‘‘(B) GOOD CAUSE.—In this paragraph, the counsel for up to 1 year for good cause. The the Administrative Office of the United term ‘good cause’ includes— division of the court shall determine whether States Courts shall disclose information re- ‘‘(i) a knowing and material failure to the grant of such an extension is warranted lated to an independent counsel’s expendi- comply with written Department of Justice and determine the length of each extension. tures, personnel, or administrative acts or policies relevant to the conduct of a criminal ‘‘(ii) DILATORY TACTICS.—If the investiga- arrangements without the authorization of investigation; and tion of an independent counsel was delayed the independent counsel. ‘‘(ii) an actual personal, financial, or polit- by dilatory tactics by persons that could ‘‘(4) OFFICE SPACE.—The Administrator of ical conflict of interest. provide evidence that would significantly as- General Services, in consultation with the ‘‘(2) REPORT TO DIVISION OF THE COURT AND sist the investigation, an independent coun- Director of the Administrative Office of the CONGRESS.—If an independent counsel is re- sel may petition the division of the court to United States Courts, shall promptly provide moved from office, the Attorney General extend the investigation of the independent appropriate office space for each independent shall promptly submit to the division of the counsel for an additional period of time counsel. The office space shall be within a court and the Committees on the Judiciary equal to the amount of time lost by the dila- Federal building unless the Administrator of of the Senate and the House of Representa- tory tactics. If the division of the court finds General Services determines that other ar- tives a report specifying the facts found and that dilatory tactics did delay the investiga- rangements would cost less. Until the office the ultimate grounds for the removal. The tion, the division of the court shall extend space is provided, the Administrative Office committees shall make available to the pub- the investigation for a period equal to the of the United States Courts shall provide lic that report, except that each committee delay. S7780 CONGRESSIONAL RECORD — SENATE June 29, 1999

‘‘(c) AUDITS.— sion of the court for the purpose of appoint- 11. Requires that the IC conduct the inves- ‘‘(1) IN GENERAL.—On or before June 30 of ing independent counsels. The Clerk of the tigation on a full-time basis. each year, an independent counsel shall pre- United States Court of Appeals for the Dis- 12. Eliminates the provision which allows pare a statement of expenditures for the 6 trict of Columbia Circuit shall serve as the the AG to expand the jurisdiction of an inde- months that ended on the immediately pre- clerk of the division of the court and shall pendent counsel beyond his/her original man- ceding March 31. On or before December 31 of provide such services as are needed by the di- date (such as the additions of Filegate, each year, an independent counsel shall pre- vision of the court. Travelgate, etc. to Starr’s original White- pare a statement of expenditures for the fis- ‘‘(b) OTHER JUDICIAL ASSIGNMENTS.—Except water mandate). cal year that ended on the immediately pre- as provided in subsection (e), assignment to 13. Provides that the IC can investigate ceding September 30. An independent counsel the division of the court shall not be a bar to only topics in his original jurisdiction or whose office is terminated prior to the end of other judicial assignments during the term those ‘‘directly related’’ thereto. the fiscal year shall prepare a statement of of the division of the court. 14. Provides that DOJ employees can be de- expenditures on or before the date that is 90 ‘‘(c) DESIGNATION AND ASSIGNMENT.—The tailed to the IC in a number which is ‘‘rea- days after the date on which the office is ter- Chief Justice of the United States shall des- sonably related to the number of staff ordi- minated. ignate and assign by a lottery of all circuit narily assigned by the Department to con- ‘‘(2) COMPTROLLER GENERAL REVIEW.—The court judges, 3 circuit court judges 1 of duct an investigation of similar size and Comptroller General shall— whom shall be a judge of the United States complexity.’’ ‘‘(A) conduct a financial review of a mid- Court of Appeals for the District of Colum- 15. Eliminates the provision which pro- year statement and a financial audit of a bia, to the division of the court. Not more vided that the IC need not comply with writ- year-end statement and statement on termi- than 1 judge may be named to the division of ten or established DOJ policies ‘‘to the ex- nation; and the court from a particular court. tent doing so would be inconsistent with the ‘‘(B) report the results to the Committee ‘‘(d) VACANCY.—Any vacancy in the divi- purposes’’ of the statute. on the Judiciary, Committee on Govern- sion of the court shall be filled only for the 16. Provides a mechanism for aggrieved mental Affairs, and Committee on Appro- remainder of the 3-year period in which that parties to appeal directly to the AG when priations of the Senate and the Committee vacancy occurs and in the same manner as they believe that the IC has failed to observe on the Judiciary, Committee on Government initial assignments to the division of the written DOJ policies or guidelines. If the AG Reform, and Committee on Appropriations of court were made. determined that the IC has in fact violated the House of Representatives not later than ‘‘(e) RECUSAL.—Except as otherwise pro- the guidelines in a manner that has caused a 90 days following the submission of each vided in chapter 40 of this title, no member cognizable harm to the complaining party, statement. of the division of the court who participated the AG may file a motion with the Division ‘‘§ 597. Relationship with Department of Jus- in a function conferred on the division of the of the Court seeking appropriate injunctive tice court under chapter 40 of this title involving or declaratory relief. an independent counsel shall be eligible to 17. Limits the IC’s final report to one ‘‘(a) SUSPENSION OF OTHER INVESTIGATIONS participate in any judicial proceeding con- which sets forth only a list of indictments AND PROCEEDINGS.—Whenever a matter is in brought by the IC, the outcomes of each in- the prosecutorial jurisdiction of an inde- cerning a matter that— dictment, and a summary of expenses. pendent counsel or has been accepted by an ‘‘(1) involves that independent counsel 18. Provides that the IC shall submit an an- independent counsel under section 594(e), the while the independent counsel is serving in nual budget to the AG and the GAO. The Department of Justice, the Attorney Gen- that office; or GAO shall review the budget and submit a eral, and all other officers and employees of ‘‘(2) involves the exercise of the inde- written appraisal of the budget to the IC and the Department of Justice shall suspend all pendent counsel’s official duties, regardless the House and Senate Governmental Affairs investigations and proceedings regarding of whether the independent counsel is still Committee and Appropriations Committee. that matter, except to the extent required by serving in that office.’’. 19. Provides for expedited review of all section 594(d)(1), and except insofar as the matters relating to an investigation and a independent counsel agrees in writing that SUMMARY OF INDEPENDENT COUNSEL STATUTE prosecution by an IC. the investigation or proceedings may be con- 1. Limits applicability of the statute to the 20. Deletes the requirement of a report to tinued by the Department of Justice. President, Vice President, members of the Congress of any substantial and credible in- ‘‘(b) PRESENTATION AS AMICUS CURIAE PER- Cabinet, and the President’s Chief of Staff. formation that may constitute grounds for MITTED.—Nothing in this chapter shall pre- 2. Eliminates the provision which allowed an impeachment. vent the Attorney General or the Solicitor the AG to begin a preliminary investigation 21. Defines the ‘‘good cause’’ for which an General from making a presentation as ami- and appoint an IC with regard to any indi- AG can remove an IC as a physical or mental cus curiae to any court as to issues of law vidual when she believed that investigating disability, a knowing, willful and material raised by any case or proceeding in which an this person may result in a personal, finan- failure to comply with relevant, written De- independent counsel participates in an offi- cial or political conflict of interest. partment of Justice guidelines, and a per- cial capacity or any appeal of such a case or 3. Eliminates the provision which allowed sonal, financial or political conflict of inter- proceeding. the AG to begin a preliminary investigation est. and appoint an IC to investigate a Member of ‘‘§ 598. Severability 22. Provides a 2 year time limit for IC in- Congress. ‘‘If any provision of this chapter or the ap- vestigation. Empowers the Special Division 4. Grants the AG the power to convene a plication thereof to any person or cir- of the Court to extend this period for addi- grand jury and issue subpoenas during the cumstance is held invalid, the remainder of tional one year periods for good cause, and preliminary investigation. this chapter and the application of that pro- to extend this period to make up for dilatory 5. Increases the length of the preliminary vision to other persons not similarly situ- tactics. investigation from 90 to 120 days and in- ated or to other circumstances shall not be 23. Provides that the judges of the Special creases the length of the extension from 60 affected by that invalidation. Division of the Court shall be chosen to 90 days (to allow more time given the ‘‘§ 599. Termination of effect of chapter through a lottery of circuit judges (instead AG’s new powers and the higher standard for of the current system where the Chief Jus- ‘‘This chapter shall cease to be effective 5 appointing an IC). tice chooses them). Extends period of service years after the date of enactment of the 6. Lowers the standard for not appointing on the Special Division from 2 to 3 years. Independent Counsel Reform Act of 1999, ex- an IC due to the suspect’s lack of mens rea cept that this chapter shall continue in ef- from ‘‘clear and convincing evidence’’ that INDEPENDENT COUNSEL REFORM ACT OF 1999— fect with respect to then pending matters be- he/she lacked the requisite state of mind to SECTION-BY-SECTION SUMMARY fore an independent counsel that in the judg- a ‘‘preponderance of evidence’’ that he/she ment of that counsel require the continu- lacked the requisite state of mind. Sec. 1: Short Title: ‘‘Independent Counsel Reform Act ation until that independent counsel deter- 7. Changes the standard necessary for ap- of 1999’’. Sec. 2: Independent Counsel Statute mines those matters have been completed.’’. pointing an IC from ‘‘reasonable grounds to United States Code Chapter 40, title 28 is SEC. 3. ASSIGNMENT OF JUDGES TO DIVISION TO believe that further investigation is war- replaced by this Act. APPOINT INDEPENDENT COUNSELS. ranted’’ to ‘‘substantial grounds to believe Section 49 of title 28, United States Code, that further investigation is warranted.’’ § 591. Applicability of provisions of this chap- is amended to reads as follows: 8. Requires that the IC be selected from a ter ‘‘§ 49. Assignment of judges to division to ap- list of candidates comprised of 5 individuals The Attorney General shall conduct a pre- point independent counsels recommended by the chief judge of each Fed- liminary investigation whenever there is ‘‘(a) IN GENERAL.—Beginning with the 3- eral circuit. specific and credible evidence that a covered year period commencing on the date of the 9. Provides that an IC shall have ‘‘appro- person may have violated Federal criminal enactment of the Independent Counsel Re- priate experience including, to the extent law. Covered persons include the President, form Act of 1999, 3 judges shall be assigned practicable, prosecutorial experience.’’ the Vice President, the President’s cabinet, for each successive 3-year period to a divi- 10. Provides that an IC shall have ‘‘no ac- and the Chief of Staff. sion of the United States Court of Appeals tual or apparent personal, financial or polit- The Attorney General shall determine the for the District of Columbia to be the divi- ical conflict of interest.’’ need for a preliminary investigation based June 29, 1999 CONGRESSIONAL RECORD — SENATE S7781 only on the specificity of the information experience if practical. An independent coun- independent counsel, who can also request and the credibility of the source. The Attor- sel shall have no actual or apparent conflict that such matters be referred. ney General shall determine whether of interest and shall conduct the investiga- An independent counsel shall comply with grounds to investigate exist within 30 days of tion on a full-time basis and shall not hold the written and established policies of the receiving the information. any office of profit or trust under the United Department of Justice, except when such Before making any other determinations, States. policies require the approval of the Depart- the Attorney General shall determine if The independent counsel shall have the au- ment of Justice. The independent counsel recusal is necessary and submit this deter- thority to fully investigate and prosecute shall comply with all guidelines dealing with mination in writing to the special court. the subject matter of the appointment and classified material. § 592. Preliminary investigation and applica- all matters directly related to the prosecu- A person who is a target, witness or de- tion for appointment of an independent torial jurisdiction and the proper investiga- fendant or otherwise directly affected by the counsel tion of the subject matter. ‘‘Directly re- investigation, who has reason to believe that The Attorney General shall make a deter- lated’’ includes federal crimes, other than the independent counsel is violating a writ- mination regarding the appointment of an certain misdemeanors, that impede the in- ten Department of Justice policy that is ma- independent counsel within 120 days after vestigation such as perjury and obstruction terial to the investigation, may ask the At- the preliminary investigation is commenced. of justice. torney General to investigate whether there The special court shall be notified of the The identity and prosecutorial jurisdiction has been a violation. The Attorney General commencement of that preliminary inves- of the independent counsel shall not be made shall respond in writing within 30 days. If the public until any indictment is returned or tigation. Attorney General determines that there has During the preliminary investigation, the criminal information is filed unless the At- been a violation of written policy material Attorney General shall have no authority to torney General requests such public disclo- to the investigation, the Attorney General plea bargain or grant immunity, but will sure or the special court determines it is in may ask the special court to order appro- possess the authority to convene grand ju- the best interest of justice. priate relief. The special court shall have no authority ries and issue subpoenas. The independent counsel may dismiss mat- The Attorney General shall not base a de- to overrule the determination of the Attor- ters within his or her prosecutorial jurisdic- termination to decline the appointment of ney General not to investigate further. tion if it is consistent with Department of If a vacancy in office arises, the special an independent counsel upon the state of Justice policy. court shall appoint another independent mind of the target unless there is a prepon- The independent counsel shall report to counsel to complete the work. If the vacancy derance of evidence that the target lacked the special court every 6 months and before arises by reason of removal, the appointment the requisite criminal intent. termination of the office. The 6-month pe- At the expiration of the 120 day period, the shall be of a temporary nature until any ju- riod report shall include explanations of ex- Attorney General may apply to the special dicial review of the removal is completed. penses, and estimates of future expenses. The If no indictment is brought against the court for a single extension of not more than termination report shall include summaries subject of the investigation, the special 90 days. of expenses and disposition of legal actions If the Attorney General determines that court may award the subject reasonable at- taken. there are no substantial grounds to believe torneys’ fees. The independent counsel and The special court may release appropriate that further investigation is warranted, the the Attorney General shall determine if the sections of the reports if it is appropriate to Attorney General shall notify the special fees requested are reasonable. protect the rights of any individual named in court. Notification shall consist of a sum- § 594. Authority and duties of an independent the report. At the request of an independent mary of the information received and the re- counsel counsel, past reports may be printed and sults of the preliminary investigation. The independent counsel shall have full made available to the public. The Attorney General shall apply to the power and independent authority to exercise The independent counsel may have no special court for the appointment of an inde- all investigative and prosecutorial functions other paid employment and any person with pendent counsel if the Attorney General de- and powers of the Department of Justice ex- an associated firm may not represent anyone termines there are substantial grounds to be- cept that the Attorney General shall exer- under investigation by the independent lieve that further investigation is warranted cise control over matters that specifically counsel. Appointees may not represent any- or the 120 day period granted for preliminary require the Attorney General’s personal at- one under investigation. The independent investigation has elapsed without proper no- tention under section 2516 of title 18. These counsel and appointees may not represent a tification to the special court. include the following: Conducting pro- subject of the investigation for three years. In making this determination, the Attor- ceedings before grand juries; engaging in any Those parties and an associated law firm are ney General shall comply with the written litigation considered necessary; appealing banned for one year from representing any and established policies of the Department of any decision of a court in which the inde- person in any matter involving this chapter. Justice. pendent counsel participates officially; re- The independent counsel shall conduct all If the Attorney General receives additional viewing all documentary evidence; deter- activities with due regard for expenses and information after notifying the special court mination of an assertion of testimonial authorize only reasonable and lawful expend- of a decision not to seek an independent privilege; receiving necessary national secu- itures. An appointee making an invalid cer- counsel, the Attorney General shall conduct rity clearances; application for a grant of tification will be held liable. An independent an additional preliminary investigation for a immunity to witnesses, or for warrants, sub- counsel shall comply with the established ex- period of no more than 120 days. poenas or other court orders; exercising the penditure policies of the Department of Jus- The Attorney General’s determination on authority of the Attorney General for the tice. the appointment of an independent counsel purposes of section 6003, 6004 and 6005 of title The independent counsel shall within 90 shall not be reviewable by any court. 18, and section 6103 of the Internal Revenue days of appointment submit a budget for the Congress may request in writing that the Code of 1986; inspecting, obtaining or using first year, and thereafter on an annual basis. Attorney General apply for the appointment any tax return; initiating and conducting This budget shall be submitted to the Attor- of an independent counsel. No later than 30 prosecutions in any court, framing and sign- ney General and the General Accounting Of- days after a congressional request, the At- ing indictments, filing informations and fice (‘‘GAO’’). The GAO shall review the an- torney General must report on the status of handling all aspects of any case in the name nual budget and submit a written appraisal the preliminary investigation or the reasons of the United States; and consulting with the to Congress. It shall be the duty of the courts of the for not investigating. United States Attorney for the appropriate If the preliminary investigation is initi- United States to expedite matters relating district. ated in response to a congressional request, Travel expenses shall be compensated. to an investigation and prosecution by an any communication to the special court After one year of service, commuting costs independent counsel. shall be supplied to the persons requesting shall not be reimbursed unless the special § 595. Congressional oversight the investigation. If no application for the court certifies that it is in the public inter- The appropriate committees of Congress appointment of an independent counsel is est. Relevant factors include cost of reim- shall have oversight jurisdiction. The inde- made, the Attorney General shall submit a bursement, time period of office, burden of pendent counsel shall submit annually a re- report explaining the decision. relocation and burden of appointing a dif- port on the activities of the independent § 593. Duties of the division of the court ferent independent counsel. counsel omitting confidential matters, but Upon receipt of an application, the special An independent counsel may request as- sufficient to justify the expenditures. court shall appoint an appropriate inde- sistance from the Department of Justice, Within 15 days of a request from an appro- pendent counsel and define the independent which shall be provided within reason. The priate congressional committee, the Attor- counsel’s prosecutorial jurisdiction. The ap- costs relating to the establishment and oper- ney General shall provide the following: pointment shall be made from the list of can- ation of any office of independent counsel when the information regarding the case was didates comprised of five individuals rec- shall be paid through the Department of Jus- received, the starting date of the prelimi- ommended annually by the chief judge of tice and reported to the Congress within 30 nary investigation, and whether an applica- each federal circuit. days of the end of the fiscal year. tion for an independent counsel or notifica- An independent counsel shall have appro- The Attorney General or the special court tion of no further investigation has been priate experience, including prosecutorial may refer ‘‘directly related’’ matters to the filed. S7782 CONGRESSIONAL RECORD — SENATE June 29, 1999 § 596. Removal of an independent counsel; any judicial proceeding concerning a matter damus to compel an officer or employee of termination of office that involves the independent counsel while the United States, or any agency thereof, to An independent counsel may only be re- the independent counsel is in office, or a perform a duty owed to the plaintiff; (2) 5 moved from office by the Attorney General matter involving the exercise of the inde- U.S.C. section 702, which confers jurisdiction for ‘‘good cause,’’ physical or mental dis- pendent counsel’s official duties. over any action to compel an agency of the ability, or any other condition that impairs Mr. SPECTER. Mr. President, I ask United States to perform a duty which has the performance of the independent counsel’s unanimous consent for 2 additional been unreasonably withheld; and (3) by rea- duties. Good cause include a knowing and son of its general Federal Question jurisdic- minutes. tion under 28 U.S.C. section 1331. material failure to comply with the written The PRESIDING OFFICER. Without policies of the Department of Justice, or an THE PARTIES AND STATUTORY BACKGROUND objection, it is so ordered. actual conflict of interest 2. This is an action to compel the Attorney Upon removal of an independent counsel, Mr. SPECTER. Mr. President, I have General of the United States of America to the Attorney General shall submit a report sought recognition for 2 additional comply with statutory provisions set forth to the special court and the appropriate con- minutes to comment about an amend- in the Independent Counsel Statute, 28 gressional committees specifying the facts ment which I will seek to add when U.S.C. sections 591–599 (hereinafter ‘‘The found and the ultimate grounds for the re- this statute is considered. It is one Act’’). moval. This report shall be made public with where I am proceeding by myself. That 3. [Plaintiffs comprise a majority of the necessary protections for the rights of any is a provision to have a mandamus ac- Republican members of the House and Sen- named individual. ate Judiciary Committees.] Section 592(g) of The independent counsel may request judi- tion to compel the Attorney General to the Act provides that a majority of the ma- cial review of his or her removal. Remedies appoint an independent counsel where jority party members of the House or Senate may include reinstatement or other appro- there is an abuse of discretion. It is my Judiciary Committee shall have the author- priate relief. view that independent counsel should ity to request that the Attorney General The independent counsel shall notify the have been appointed on campaign fi- apply for appointment of an independent Attorney General when the matters within nance reform, as recommended by FBI counsel. the prosecutorial jurisdiction have been Director Louis Freeh and special coun- 4. Defendant is the Attorney General of the completed, or completed to the point that it sel Charles LaBella. United States and is charged with the duty would be appropriate for the Department of of carrying out the provisions of the Act by Justice to complete those investigations. I will ask consent that at the conclu- reason of the requirements set forth in 28 The independent counsel shall file the final sion of the remarks which I am now U.S.C. sections 591–595. report. The special court may terminate an making, there be included a draft com- 5. Section 591 of the Act provides that the office of the independent counsel on the plaint which I had prepared to compel Attorney General ‘‘shall’’ conduct a prelimi- same grounds within two years of appoint- the appointment of independent coun- nary investigation whenever the Attorney ment and thereafter on an annual basis. sel. General receives specific and credible infor- The term of an independent counsel shall This draft complaint was never filed mation which is ‘‘sufficient to constitute terminate after two years except for good grounds to investigate’’ whether a covered cause or dilatory tactics. The special court because at each stage where it ap- person under the Act ‘‘may have violated’’ shall review all requests for extensions and peared warranted to pursue mandamus, any Federal criminal law. Such covered per- may grant an extension for additional one the Attorney General would take some sons include the President and the Vice year periods. action on extension of investigation, President. By June 30th and December 31st of each and then it became interwoven with 6. Section 592(c) of the Act provides that year, the independent counsel shall prepare a the impeachment proceedings so the the Attorney General ‘‘shall’’ apply to the statement of expenditures covering the pre- time was never quite right. There was special division of the circuit court for ap- vious 6 months. The Comptroller General a complex issue on standing, although pointment of an independent counsel if the shall conduct a financial review of the state- Attorney General determines, after review- ments and submit the results to the appro- at one time we almost had an agree- ing specific and credible evidence, that there priate congressional committees. ment by the chairman of the House Ju- are ‘‘reasonable grounds to believe that fur- diciary Committee and the chairman of § 597. Relationship with the Department of ther investigation is warranted.’’ Justice the Senate Judiciary Committee to FACTUAL BACKGROUND Whenever a matter is within the prosecu- have their sponsorship, perhaps if not 7. The following factual background sets torial jurisdiction of the independent coun- all of the Republicans in each com- forth specific and credible information suffi- sel, the Department of Justice shall suspend mittee, a majority of the Republicans, cient to require the Attorney General to all investigation, except if the independent which would have provided standing for apply for appointment of an independent counsel agrees in writing that the matter a report and, by analogy, perhaps, counsel under the provisions of the Act cited may be continued by the Department of Jus- standing for such a lawsuit. above. This information has been organized tice. as follows: I do believe that when independent I. National Security Information Withheld Nothing in this chapter shall prevent ei- counsel is again considered and this ther the Attorney General or the Solicitor from the President. The Attorney General General from presenting an amicus curiae statute sponsored by the four of us will found that there was sufficient evidence of brief on matters involving the jurisdiction of be ready, willing, and able to proceed, illegal activity by the President to justify the independent counsel. the issue of a mandamus action ought withholding certain national security infor- mation from him. Since the evidence was § 598. Severability to be considered. sufficiently compelling to justify such an ex- If any provision of this chapter is held in- I ask unanimous consent that the text of this draft complaint be printed treme denial of presidential prerogative, the valid, the remainder of this chapter not simi- same evidence is sufficiently specific and larly situated shall not be affected by that in the RECORD to preserve the factual credible so as to warrant appointment of invalidation. allegations for later reference on the independent counsel. § 599. Termination of effect of chapter general principle of the need for a man- II. Criminal Violations. The Attorney Gen- This chapter shall sunset five years after damus provision. eral has ignored specific and credible evi- the date of enactment. There being no objection, the com- dence of at least two violations that warrant Sec. 3: Assignment of Judges to Division to Appoint plaint was ordered to be printed in the appointment of an independent counsel to in- Independent Counsels RECORD, as follows: vestigate the President and/or the Vice President: Section 49 of title 28, United States Code, [United States District Court for the District is amended to read as follows: A. Coordination between the President and of Columbia, Civil Action No. ] the DNC. There is specific and credible evi- § 49. Assignment of judges to division to ap- PLAINTIFFS vs. THE HONORABLE JANET RENO, dence that President Clinton engaged in ille- point independent counsel ATTORNEY GENERAL, DEPARTMENT OF JUS- gal coordination of expenditures by the DNC Three judges shall be assigned for a period TICE, DEFENDANT. on its television advertising campaign. of three years to a division of the United COMPLAINT B. Conspiracy to Violate and Evade the Cam- States Court of Appeals for the District of paign Finance Laws. There is specific and Plaintiffs, by counsel, complain as follows: Columbia to be the special court for the pur- credible evidence that the President, Vice COME NOW Plaintiffs, and for cause of ac- pose of appointing independent counsels. President, and other high-ranking officials tion against Defendant, allege as follows: This shall not be a bar to other judicial as- acted in concert to violate the Federal Elec- signments. Assignment shall be by lottery. JURISDICTION tion Campaign Act. Vacancies shall be filled by lottery only for 1. This court has jurisdiction by reason of III. The Failure of the Department of Justice’s the remainder of the assignment. These (1) 28 U.S.C. section 1361, which confers juris- Investigation and Estoppel of the Attorney Gen- judges shall not be eligible to participate in diction over any action in the nature of man- eral. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7783 A. Failure of the Department of Justice’s preparing to make an official visit to China 21. After signing the pledge, President Campaign Finance Investigation. After over in late February. Mr. Ruff’s letter stressed Clinton actively participated in raising one year of investigation, the Justice De- that he did not want information that might funds for the DNC beyond these limits. Ac- partment’s campaign finance task force has interfere with ‘‘any criminal investigation.’’ cording to Federal Election Commission suffered a series of embarrassments and can 13. The New York Times reported (March records, the President helped raise $27 mil- point to little visible achievement. If a cred- 25, 1997) that F.B.I. and Justice Department lion in hard and soft money for the DNC ible investigation is to take place, it must be officials prepared a thorough response to Mr. through the White House coffees, and an ad- done by an independent counsel. Ruff’s letter but, at the request of F.B.I. Di- ditional $6 million in hard and soft money B. Estoppel of the Attorney General. Attor- rector Freeh, this response was never sent. for the DNC from overnight guests in the ney General Reno has stated before Congress As a result, Secretary of State Albright was Lincoln Bedroom. that there is an inherent conflict whenever denied critical information at a time when 22. President Clinton also actively partici- senior Executive Branch officials are to be she was embarking upon a diplomatic mis- pated in spending DNC money through close investigated by the Justice Department and sion to Beijing. coordination with the DNC of the expendi- its appointed head, the Attorney General. 14. In response to this decision to withhold tures made on a major television advertising Furthermore, Attorney General Reno has, this information from the Secretary of campaign. until the present, complied with the view she State, President Clinton stated on March 26, 23. Former White House Chief of Staff Leon expressed before Congress by appointing 1997 that, ‘‘I think everyone understands Panetta, appearing on the March 9, 1997 edi- independent counsels to investigate Execu- that there are significant national security tion of NBC’s ‘‘Meet the Press,’’ acknowl- tive Branch officials on four separate occa- issues at stake here and that the White edged that President Clinton helped direct sions. Given the Attorney General’s state- House, the National Security Council, and the expenditure of approximately $35 million ments and pattern of behavior, and Congress’ the Secretary of State, as well as the Presi- in DNC soft money on television campaign detrimental reliance thereon, Attorney Gen- dent, need to know when the national secu- commercials. 24. Former Presidential advisor Richard eral Reno is estopped from refusing to ap- rity issues are brought into play.’’ Morris, in his book Behind the Oval Office (p. point an independent counsel in the instant 15. On April 30, 1997, Attorney General 144), describes his first-hand knowledge of case. Janet Reno appeared before the Senate Judi- ciary Committee for an oversight hearing. the coordination which took place between I. NATIONAL SECURITY INFORMATION WITHHELD At this hearing, Senator Arlen Specter ques- President Clinton and the DNC: ‘‘[T]he Presi- FROM THE PRESIDENT AND SECRETARY OF tioned the Attorney General about these re- dent became the day-to-day operational di- STATE ports that the FBI and the Justice Depart- rector of our TV-ad campaign. He worked over every script, watched each ad, ordered 8. The Federal Election Campaign Act pro- ment had withheld national security infor- changes in every visual presentation, and de- vides that ‘‘it shall be unlawful for a foreign mation from President Clinton and the Sec- cided which ads would run when and where. national directly or through any other per- retary of State because the President is a He was as involved as any of his media con- son to make any contribution of money or subject in a criminal investigation. In re- sultants were. The ads became not the slick other thing of value . . . in connection with sponse, Attorney General Reno acknowl- creations of admen but the work of the presi- an election to any political office. . . .’’ 2 edged that Director Freeh had told National dent himself. . . . Every line of every ad U.S.C. 441e(a). A ‘‘foreign national’’ is de- Security Advisor Sandy Berger that ‘‘he came under his informed, critical, and often fined as someone who is not a citizen of the [Freeh] would not go into certain matters meddlesome gaze. Every ad was his ad.’’ United States and who is not lawfully admit- because of the ongoing criminal investiga- ted for permanent residence in the United 25. Section 441a(a)(7)(B)(I) of FECA states tion.’’ that: ‘‘Expenditures made by any person in States. 2 U.S.C. 441e(b). 16. In an op-ed piece published in the Wash- 9. National Security Information Withheld cooperation, consultation, or concert, with, ington Post on May 22, 1997, Senator Arlen or at the request or suggestion of, a can- from the President. On June 3, 1996, the F.B.I. Specter noted the inconsistency in Attorney briefed two members of the White House Na- didate, his authorized political committees, General Reno’s position: ‘‘Since the facts of or their agents, shall be considered to be a tional Security Council (the ‘‘N.S.C.’’) on in- the underlying investigation are sufficiently telligence of Chinese Government efforts to contribution to such candidate.’’ By this serious in the judgement of the Attorney standard, all of the money spent by the buy influence in the United States govern- General to deny the president ‘significant ment through political contributions. Also Democratic National Committee (‘‘DNC’’) on national security’ data, how can they pos- express advocacy commercials, as defined in June, the F.B.I. provided individual, clas- sibly be insufficiently ‘credible’ and ‘specific’ sified briefings to 6 members of Congress, under FECA, that were designed, edited and/ to justify not appointing independent coun- or purchased in consultation and co-ordina- warning them that they may have been tar- sel?’’ geted by the Chinese Government to be the tion with the Clinton campaign and the II. CRIMINAL VIOLATIONS recipients of illegal campaign contributions. President personally were contributions to 10. President Clinton was not informed of 17. There is specific and credible evidence the Clinton campaign under FECA. The the F.B.I. briefing to the N.S.C. and became that the President and Vice President have President knowingly violated FECA by (1) aware of it only after reading a February, committed criminal violations of the Fed- coordinating the contributions by the DNC 1997 report in the Washington Post. After eral Election Campaign Act (‘‘FECA’’). The and (2) accepting and expending contribu- learning about the June briefing, President Attorney General has therefore violated the tions in violation of his commitment to Clinton explained on March 10, 1997, that the letter and the spirit of the Independent limit expenditures to the public financing. 26. Violations of FECA are criminal viola- two N.S.C. officials had not reported the Counsel Statute by failing to appoint an tions when they are done ‘‘knowingly and F.B.I. briefing to their superiors because the independent counsel to investigate these al- willfully’’ and involve contributions or ex- F.B.I. agents involved, ‘‘asked that they [the legations. penditures aggregating $2,000 or more. 2 N.S.C. officials] not share the briefing, and A. Illegal Coordination of Expenditures of DNC U.S.C. 437g(d)(1)(A). they honored the request.’’ Also on March 10, Money by President Clinton 27. The Federal Election Commission has White House Press Secretary Michael 18. There is specific and credible evidence defined express advocacy ads as: ‘‘Commu- McCurry stated that the two N.S.C. officials that President Clinton committed a criminal nications using phrases such as ‘vote for who received the briefing were ‘‘adamant in violation of FECA by personally drafting, ed- President,’ ‘reelect your Congressman,’ recalling specifically that they were urged iting, and planning a series of television ad- ‘Smith for Congress,’ or language which, by [by the FBI] not to disseminate the infor- vertisements paid for by Democratic Na- when taken as a whole and with limited ref- mation outside the briefing room.’’ tional Committee soft money. erence to external events, can have no other 11. President Clinton further stated on 19. ‘‘Hard money’’ is money which is raised reasonable meaning that to urge the election March 10 that such national security infor- pursuant to the caps, restrictions, and re- or defeat of a clearly identified federal can- mation should not have been withheld from porting requirements of FECA. Hard money didate.’’ 11 CFR 100.22. him. The President stated, ‘‘I should have can be spent in connection with a specific 28. On April 30, 1997, Attorney General known. No, I did not know. If I had known, campaign for Federal office. ‘‘Soft money’’ is Janet Reno appeared before the Senate Judi- I would have asked the N.S.C. and the chief money that is not governed by the restric- ciary Committee for an oversight hearing. of staff to look at the evidence and make tion of FECA and can therefore be raised in At this hearing, Senators Arlen Specter and whatever recommendations were appro- unlimited amounts. Soft money cannot be Fred Thompson questioned the Attorney priate.’’ spent in connection with specific campaigns General about the coordination between the 12. National Security Information Withheld for Federal office and must be used for gen- DNC and the President. The Attorney Gen- from the Secretary of State. On February 18, eral party building activities. eral acknowledged that coordination be- 1997 White House Counsel Charles Ruff wrote 20. As one of the conditions for receiving tween President Clinton and the DNC ‘‘was to Deputy Attorney General Jamie Gorelick $61.8 million in Federal funding for their 1996 presumed at the time by the FEC.’’ The At- asking for information about the possible in- general election campaign, President Clinton torney General further stated that ‘‘it would volvement of Chinese officials and citizens in and Vice President Gore signed a letter to be the content’’ which controlled whether or a purported plan to make illegal contribu- the Federal Election Commission in which not the law was violated, thereby acknowl- tions to American political campaigns. He they pledged that in exchange for the Fed- edging that such coordination would be ille- sought this information in order to brief Sec- eral funding they would not spend any addi- gal if the advertisements so produced were retary of State Madeline Albright, who was tional money on their campaign. advocacy ads. S7784 CONGRESSIONAL RECORD — SENATE June 29, 1999 29. Senator Specter then asked Attorney The Dole/Gingrich budget tried to cut Medi- were captured on videotape: ‘‘Now we have General Reno the following question: care $270 billion. Protect families. President come way back. . . . But one of the reasons Attorney General Reno . . . I ask you if Clinton cut taxes for millions of working has been . . . we have been running these this advertisement . . . can be anything families. The Dole/Gingrich budget tried to ads, about a million dollars a week. . . . So other than express advocacy. . . . It reads as raise taxes on eight million of them. Oppor- I cannot overstate to you the impact that follows: tunity. President Clinton proposed tax these paid ads have had in the areas where ‘Head Start, student loans, toxic cleanup, breaks for tuition. The Dole/Gingrich budget they’ve run. Now we’re doing better in the extra police, anti-drug programs—Dole-Ging- tried to slash college scholarships. Only whole country. . . . [I]n areas where we’ve rich wanted them cut. Now, they’re safe, pro- President Clinton’s plan meets our chal- shown these ads we are basically doing ten tected in the 1996 budget because the presi- lenges, protects our values. to fifteen points better than in areas where dent stood firm. Dole-Gingrich—deadlock, ‘60,000 felons and fugitives tried to buy we are not showing them. . . . And then we gridlock, shutdowns. The president’s plan— handguns—but couldn’t—because President realized that we could run these ads through finish the job, balance the budget, reform Clinton passed the Brady Bill—five-day the Democratic Party which meant that we welfare, cut taxes, protect Medicare. Presi- waits, background checks. But Dole and could raise money in twenty and fifty and dent Clinton gets it done. Meet our chal- Gingrich voted no. One hundred thousand hundred thousand dollar lots, and we didn’t lenge, protect our values.’ new police—because President Clinton deliv- have to do it all in thousand dollars and run Can that possibly be language taken as a ered. Dole and Gingrich? Vote no, want to re- down—you know—what I can spend which is whole which does anything other than urge peal ’em. Strengthen school anti-drug pro- limited by law. the election expressly of President Clinton? grams. President Clinton did it. Dole and 34. The facts outlined above constitute suf- 30. In response to this question, the fol- Gingrich? No again. Their old ways don’t ficient specific and credible evidence to lowing exchange took place between Attor- work. President Clinton’s plan. The new make a prima facie case that the President ney General Reno and Senator Specter: way. meeting our challenges, protecting our committed criminal violations of FECA RENO: Based on the processes that have values. through the knowing and wilful coordination been established by the Department of Jus- ‘America’s values. Head Start. Student of the expenditure of DNC soft money. The tice, the MOU with the elections commis- loans. Toxic cleanup. Extra police. Protected Attorney General has therefore violated the sion, this is a situation in which we would the budget agreement; the president stood letter and the spirit of the Indpendent Coun- not find specific and credible evidence that a firm. Dole, Gingrich’s latest plan includes sel statute by failing to appoint an inde- crime had been committed that would justify tax hikes on working families. Up to 18 mil- pendent counsel to investigate these allega- triggering the statute. lion children face health care cuts. Medicare tions. SPECTER: Well, Attorney General Reno, slashed $167 billion. Then Dole resigns, leav- B. Conspiracy to Violate and Evade the that is conclusory. A critical step along the ing behind gridlock he and Gingrich created. Campaign Finance Laws. way is your legal judgment as to whether The president’s plan: Politics must wait. 35. 18 U.S.C. 371 provides that a conspiracy that is express advocacy. Balance the budget, reform welfare, protect to commit an offense against the United RENO: At this point, the career lawyers our values. States is a criminal offense punishable by up who have worked on this issue, who are fa- ‘Head Start. Student Loans. Toxic Clean- to 5 years in prison. Participation in a con- miliar with the election law, I have met with up. Extra police. Anti-drug programs. Dole, spiracy to violate the Federal campaign fi- them. We have discussed it, and they do not Gingrich wanted them cut. Now they’re safe. nance laws is therefore a criminal violation. believe that it could support a prosecution. Protected in the ’96 budget—because the 36. After the Democrats lost control of SPECTER: Are you familiar with these president stood firm. Dole, Gingrich? Dead- both houses of Congress in the 1994 elections, ads, Attorney General Reno? lock. Gridlock. Shutdowns. The president’s President Clinton and his associates realized RENO: I have not seen the ads. I have read plan? Finish the job, balance the budget. Re- that in order to win reelection in 1996, the what could be called the transcripts of the form welfare. Cut taxes. Protect Medicare. Clinton campaign would need to raise large ads. President Clinton says get it done. Meet our sums of money. President Clinton’s former SPECTER: Well, can you say—listen, I challenges. Protect our values. senior advisor, George Stephanopoulos, don’t have to make a point that you’re the ‘The President says give every kid a wrote in Newsweek (March 10, 1997) that attorney general. You have career lawyers. chance for college with a tax cut that gives President Clinton’s reelection would ‘‘take Have you gone over these ads with them spe- $1,500 a year for two years, making most cash, tons of it, and everybody from the cifically to ask them? community colleges free, all colleges more President on down knew it. So money be- RENO: I have specifically gone over the affordable . . . And for adults, a chance to came a near obsession at the highest levels. ads. I have read the ads and have discussed learn, find a better job. The president’s tui- We pulled out all the stops: overnights at the the ads and discussed what is involved. tion tax cut plan. SPECTER: And have your career lawyers ‘Protecting families. For million of work- White House, coffees, intimate dinners at told you that the ad I just read to you is not ing families, President Clinton cut taxes. Washington hotels, you name it.’’ 37. As the events detailed below reveal, express advocacy? The Dole-Gingrich budget tried to raise RENO: What they have told me is that taxes on eight million. The Dole-Gingrich ‘‘pulling out all of the stops’’ included ignor- based on their understanding of the law, budget would have slashed Medicare $270 bil- ing the Federal election law. Accordingly, their structure of the election law, that we lion. Cut college scholarships. The president the White House plan to aggressively pursue could not sustain a prosecution. defended our values. Protect Medicare. And campaign contributions was, in practice, a SPECTER: Well, I understand your conclu- now, a tax cut of $1,500 a year for the first conspiracy to evade and violate the Federal sion. But my question to you is a lot more two years of college. Most community col- election laws. 38. The acts detailed below were all acts in specific than that: Have you gone over that leges free. Help adults go back to school. The furtherance of this conspiracy. There is spe- ad with your career prosecutors, and they president’s plan protects our values.’ cific and credible evidence that President told you that was issue advocacy . .. 32. By letter dated June 19, 1997, Attorney RENO: No, I have not. General Reno refused to respond to Senator and Vice President participated in this con- SPECTER: Well, Attorney General Reno, I Specter’s request and instead referred the re- spiracy by trading access to the President, would like to submit these to you, and I quest to the Federal Election Commission Vice President and other Executive Branch would like you to give us your judgment as (‘‘FEC’’). A true and correct copy of the June officials for political contributions, trading to whether they are express advocacy or 19, 1997 letter is attached as Exhibit . All of access to the White House for political con- not—your judgment on them. . . . And this is the contents of the attached letter are here- tributions, engaging in fundraising activities not a judgment for the Federal Election by incorporated by reference as part of the from Federal property, granting public office Commission alone. This is jurisdiction for factual and evidentiary basis for the relief for political contributions, and soliciting the attorney general of the Department of sought in this complaint. By letter dated campaign contributions from illegal sources. Justice, because the Federal Election Com- June 26, 1997, the FEC responded that it Use of the White House for Fundraising—The mission statute has criminal penalties. would not respond to Senator Specter’s in- May 1 Coffee 31. Senator Arlen Specter wrote to Attor- quiry because the letter was not in the form 39. President Clinton personally engaged in ney General Reno on May 1, 1997 requesting of a formal complaint to the Commission. A fundraising activities from the executive of- a legal judgment as to whether the ads in true and correct copy of the June 26, 1997 let- fices of the White House. On April 29, 1997, question constitute express advocacy. A true ter is attached as Exhibit . All of the con- the Democratic National Committee and correct copy of the May 1, 1997 letter is tents of the attached letter are hereby incor- (‘‘DNC’’) sent a memorandum to President attached as Exhibit . All of the contents of porated by reference as part of the factual Clinton which identified five individuals in- the attached letter are hereby incorporated and evidentiary basis for the relief sought in vited to attend a May 1 coffee at the White by reference as part of the factual and evi- this complaint. House. The following personal note is typed dentiary basis for the relief sought in this 33. The President conceded that these DNC at the top of the memo, ‘‘Mr. Presi- complaint. Senator Specter included in his ads were advocacy advertisements intended dent. . . the five attendees of this coffee are letter the following texts of the DNC adver- to further his candidacy in remarks he made $100,000 contributors to the DNC.’’ In addi- tisements: at a December 7, 1995 DNC luncheon at the tion, there is a notation on the first page of ‘American values. Do our duty to our par- Hay Adams Hotel in Washington. The Presi- the memo which reads, ‘‘President has seen, ents. President Clinton protects Medicare. dent said the following in remarks which 5/1/96.’’ A true and correct copy of the April June 29, 1999 CONGRESSIONAL RECORD — SENATE S7785 29, 1997 memorandum is attached hereto as million to the DNC over the course of the President Clinton dating back to his days as Exhibit . All of the contents of the attached year. governor of Arkansas. 47. On October 29 or 30, Mr. Ickes called Mr. memorandum are hereby incorporated by 55. The Lippo Group has extensive invest- Meddoff again and asked for an immediate reference as part of the factual and evi- ments and contacts throughout China and is contribution of $1.5 million within 24 hours. dentiary basis for the relief sought in this currently involved in dozens of large-scale On the next morning, Mr. Ickes sent Mr. complaint. joint ventures in China, including construc- 40. On May 1, 1996, President Clinton held a Meddoff a fax with detailed instructions on tion and development of apartment com- coffee in the Oval Office which was attended where to send the money. Mr. Ickes later plexes, office buildings, highways, ports, and by the five individuals listed in the DNC called Mr. Meddoff and requested that he other infrastructure. Appearing before the memo. Federal Election Commission shred the fax. Senate Governmental Affairs Committee on (‘‘FEC’’) filings show that within one week of Mr. Roger Tamraz’s Contributions July 15, 1997, Mr. Thomas Hampsen, presi- the coffee, four of the five attendees (Peter 48. Appearing before the Senate Govern- dent of a business research and investigation Mathias, Samuel Rothberg, Barrie Wigmore, mental Affairs Committee on September 18, firm, testified that ‘‘the record is very clear and Robert Menschel) had contributed 1997, Mr. Roger Tamraz testified that he gave that the Lippo Group has shifted its stra- $100,000 each to the DNC. A true and correct a total of $300,000 in contributions to the tegic center from Indonesia to the People’s copy of a printout from the FEC database of DNC and state Democratic parties during the Republic of China.’’ Mr. Hampsen noted that contributors is attached hereto as Exhibit . 1996 campaign. On March 28, 1996, at Mr. Lippo’s principal partner in China is ‘‘China All of the contents of the attached printout Tamraz’s request, the DNC’s Richard Sul- Resources,’’ a company wholly owned by the are hereby incorporated by reference as part livan drafted a memorandum to Mr. Tamraz Chinese Government. Mr. Hampsen further of the factual and evidentiary basis for the listing the Democratic entities to which Mr. testified that ‘‘the People’s Republic of relief sought in this complaint. Tamraz had contributed and the amounts he China uses China Resources as an agent of Use of the White House for Fundraising— had contributed to each entity as of that espionage, economic, military, and polit- Overnights in the Lincoln Bedroom date. A true and correct copy of the March ical.’’ 41. President Clinton used the opportunity 28, 1996 memorandum is attached hereto as 56. Documents from the Lippo Group and to spend the night at the White House as a Exhibit . All of the contents of the attached its subsidiaries show that, upon leaving the tool to raise funds from large contributors. memorandum are hereby incorporated by Lippo Group for a much lower paying job at The overnights in question were arranged by reference as part of the factual and evi- the Commerce Department, Huang received the Democratic National Committee, not the dentiary basis for the relief sought in this a bonus of over $700,000. A true and correct President, and thus do not fall into the cat- complaint copy of the Lippo Group documents detailing egory of the President using his residence to 49. In his September 18 testimony, Mr. John Huang’s bonus are attached hereto as entertain friends. Tamraz stated that ‘‘the only reason’’ he Exhibit . All of the contents of the attached 42. White House records indicate that be- contributed this money was to gain access to documents are hereby incorporated by ref- tween 1993 and 1996, 178 individuals who were the President and senior government offi- erence as part of the factual and evidentiary not personal friends of the President or First cials. Mr. Tamraz was promoting a plan to basis for the relief sought in this complaint. Family spent the night at the White House. build an oil pipeline from the Caspian Sea re- These 178 individuals contributed a total of gion of Central Asia to the Mediterranean 57. Records from the U.S. Secret Service over $5 million to the DNC during the ’96 and was hoping to receive assistance from show that during his tenure at the Com- election cycle. A true and correct copy of the the Federal government. merce Department, and despite the fact that list of 178 overnight guests provided by the 50. Mr. Tamraz further testified that, fol- he was a relatively low level functionary White House to the Senate Governmental Af- lowing this donation, Mr. Tamraz was in- there, Huang made 67 visits to the White fairs Committee is attached hereto as Ex- vited to six social functions at the White House. A true and correct copy of a list of hibit . All of the contents of the attached House. At one of these events, he spoke to the dates on which the visits took place and, list are hereby incorporated by reference as President Clinton briefly about the proposed where available, the visitee is attached here- part of the factual and evidentiary basis for pipeline. Asked whether or not he got his to as Exhibit . All of the contents of the at- the relief sought in this complaint ‘‘money’s worth’’ for the $300,000 he gave, Mr. tached list are hereby incorporated by ref- 43. The Senate Governmental Affairs Com- Tamraz replied, ‘‘I think next time I’ll give erence as part of the factual and evidentiary mittee obtained a list of the dates on which $600,000.’’ basis for the relief sought in this complaint. 51 of these 178 individuals spent the night in 51. Appearing before the Senate Govern- 58. While he was at the Commerce Depart- the White House. Of these 51 individuals, 49 mental Affairs Committee on September 17, ment, Huang was given top secret security contributed a total of over $4 million to the 1997, Ms. Sheila Heslin, a former official with clearance. Appearing before the Senate Gov- DNC during the 1996 election cycle. Further- President Clinton’s National Security Coun- ernmental Affairs Committee on July 16, more, of these 38 families represented by cil, testified that she was concerned about 1997, Mr. John H. Dickerson, a CIA agent who these 51 individuals, 37 families, or 98%, con- Mr. Tamraz’s ‘‘shady reputation’’ and ad- handled issues relating to the Commerce De- tributed to the DNC during the 1996 election vised the White House not to agree to any partment, testified that he gave John Huang cycle. 21 of the 38 families, or over 50% per- formal policy meetings with him. 37 confidential intelligence briefings in cent, contributed a total of $900,000 to the 52. Ms. Heslin further testified that she re- which he showed Huang hundreds of con- DNC within one month of their stay at the ceived calls to pressure her to drop her oppo- fidential documents. Mr. Dickerson further White House. A true and correct copy of this sition to Roger Tamraz from Don Fowler of testified that he gave Mr. Huang 12 finished list of 51 overnight guests is attached hereto the Democratic National Committee, Jack intelligence reports—10 classified ‘‘secret’’ as Exhibit . All of the contents of the at- Carter of the Department of Energy, and a and 2 classified ‘‘confidential’’—which Mr. tached list are hereby incorporated by ref- CIA officer referred to publicly as ‘‘Bob of Huang kept in his possession until the end of erence as part of the factual and evidentiary the CIA.’’ Ms. Heslin testified, for example, his tenure at the Commerce Department. Mr. basis for the relief sought in this complaint. that Jack Carter told her that ‘‘he [Mr. Dickerson further stated that Huang had a Tamraz] has already given $200,000, and if he The Solicitation of R. Warren Meddoff particular interest in China and Taiwan. 44. Appearing before the Senate Govern- got a meeting with the President, he would 59. Appearing before the Senate Govern- mental Affairs Committee on September 19, give the DNC another $400,000.’’ When Ms. mental Affairs Committee on July 17, 1997, 1997, Mr. Warren Meddoff testified to the Heslin persisted in her opposition, Mr. Carter Mr. John H. Cobb, an attorney with the staff facts set forth in paragraphs 35, 36 and 37 told her not to be ‘‘such a Girl Scout.’’ of the Governmental Affairs Committee, tes- below. Mr. John Huang in the Commerce tified that Mr. Huang had over 300 contacts 45. At a fund-raising dinner on October 22, Department and the DNC (phone conversations, faxes and meetings) 1996 at the Biltmore Hotel in Coral Gables, 53. On July 18, 1994, John Huang began to with the Lippo Group and Lippo-related indi- Florida, Mr. Meddoff handed one of his busi- serve as the Deputy Assistant Secretary for viduals during his tenure at the Commerce ness cards to President Clinton with the fol- International Trade and Economic Policy at Department. Many of these calls were made lowing message written on the back of the the U.S. Department of Commerce. Huang’s from his Commerce Department office. In ad- card, ‘‘I have an associate that it interested supervisor at the Commerce Department, dition, other calls were made from the of- in donating $5 million to your campaign.’’ Commerce Undersecretary Jeffrey Garten, fices of Stephen’s, Inc., a Little Rock-based 46. After reading this message, the Presi- found Huang ‘‘totally unqualified’’ for his investment bank with an office across the dent stopped to speak with Mr. Meddoff and position and limited his activities to admin- street from the Commerce Department, stated that someone from his staff would istrative duties. contact him. Two days later, on October 24, 54. Prior to working at the Commerce De- where Huang regularly went to send and re- the President’s Deputy Chief of Staff, Mr. partment, John Huang had been the chief ceive faxes and make phone calls. Harold Ickes, called Mr. Meddoff and left a U.S. representative of the Lippo Group. The 60. Shortly after he left the Commerce De- message on his answering machine. On Octo- Lippo Group is a multi-billion dollar firm partment in December, 1995, John Huang was ber 26, Mr. Ickes called Mr. Meddoff again, based in Indonesia with large investments in appointed Finance Vice-Chairman of the this time from Air Force One, and discussed the Far East and China. The Lippo Group is DNC. During his 9 months at the DNC, he the possibility that an associate of Mr. controlled by Mochtar and James T. Riady, raised $3.4 million, nearly half of which was Meddoff would contribute as much as $55 longtime friends and financial backers of returned as illegal, inappropriate or suspect. S7786 CONGRESSIONAL RECORD — SENATE June 29, 1999 John Huang’s Solicitation of Funds in the DNC. Making contributions ‘‘in the name of nology, missile sales and rocket launches. Presence of the President in the White House another person’’ is prohibited by FECA. 2 Contracts to launch American satellites are 61. In his appearance before the Senate U.S.C. 441f. crucial to the financial viability of these Governmental Affairs Committee on Sep- Vice President Gore and the Hsi Lai ventures. (The New York Times, 5/15/98) tember 16, 1997, Mr. Karl Jackson, a former Buddhist Temple Fundraiser 74. Democratic fundraiser Johnny Chung Assistant to the Vice President for National 68. Vice President Gore appeared at a fund- has told Department of Justice investigators Security Affairs from 1991 to 1993, testified raiser in the Hsi Lai Buddhist Temple in Los that an executive from China Aerospace that Mr. John Huang solicited money in Angeles on April 29, 1996. The fundraiser at named Liu Chao-Ying gave him $300,000 to front of and within hearing distance of the the Temple was illegal since the Temple is a donate to the Democrats’ 1996 campaign. Ac- President in the White House. Mr. Jackson tax-exempt institution which cannot engage cording to Mr. Chung, Ms. Liu told him that was present at a coffee held in the Map Room in political activity. The Vice President has the money originated with Chinese military of the White House on June 18, 1996 at which maintained that he did not know that the intelligence. Mr. Chung has stated that he the President, John Huang, and eleven oth- event at the Temple was a fundraiser. funneled $100,000 of this money into Demo- ers were present. Mr. Jackson testified that 69. There is evidence that Vice President cratic party coffers. (The New York Times, 5/ after everyone had taken their seats and Gore did know ahead of time that the Hsi 16/98) were listening to opening comments, Mr. Lai Temple event was a fundraiser. In a dep- 75. Liu Chao-Ying is a lieutenant colonel in Huang stood up and said, ‘‘Elections cost osition taken by the Senate Governmental China’s People’s Liberation Army and vice- money, lots and lots of money, and I am sure Affairs Committee on August 6, 1997, the president of China Aerospace International that every person in this room will want to Venerable Man-Ho, an administrative assist- Holdings, Ltd., the Hong Kong arm of China support the re-election of President Clin- ant at the Hsi Lai Buddhist Temple, stated Aerospace Corporation. Ms. Liu’s father, ton.’’ that on March 15, 1996, there was a meeting General Liu, was China’s top military officer 62. A photograph taken of all of the at the White House between Vice President and a member of the Politburo of China’s attendees of the June 18 coffee at their seats Gore, Hsi Lai Temple Venerable Master Communist party. (The New York Times, 5/ demonstrates that Mr. Jackson, who heard Hsing Yun, John Huang, and Maria Hsia. The 15/98) 76. Johnny Chung brought Ms. Liu to two Mr. Huang clearly, sat four seats away from Los Angeles Times (9/5/97) has reported that fundraisers attended by the President on Mr. Huang. The President was seated next to Gore was invited to visit the Temple during July 22, 1996. The first fundraiser was a $1,000 Mr. Jackson and only three seats away from this meeting. The involvement at the meet- a plate affair at the Beverly Hilton. The sec- Mr. Huang. The President did not object to ing of Huang (a DNC fundraiser) and Hsia (a ond fundraiser was a $25,000 per couple din- Mr. Huang’s comments or disassociate him- long-time Gore fundraiser) should have sug- ner at the home of a private donor. At the self from them. A true and correct copy of gested to Gore that the Temple event was dinner, Ms. Liu had her picture taken with the photograph and a legend are attached planned as a fundraiser from the beginning. President Clinton. (The New York Times, 5/ hereto as Exhibit . All of the contents of The presence of Huang and Hsia at the Tem- the attached photograph and legend are 15/98) ple when Gore arrived should have further 77. Two American companies, Loral Space hereby incorporated by reference as part of suggested to Vice President Gore that this and Communications Ltd. and Hughes Elec- the factual and evidentiary basis for the re- event was a fundraiser. tronic Corp., also benefited from the waivers lief sought in this complaint. 70. Following the March 15 meeting, Vice and eased export restrictions on commercial President Gore responded via e-mail to an Mr. Wang Jun and the Possible Laundering satellites. These companies wanted permis- aide (Kimberly H. Tilley) who inquired about of Foreign Contributions sion to launch their satellites on Chinese whether the Vice President could attend a 63. Mr. Wang Jun is the chairman of the rockets to cut costs and shorten the waiting New York event the night before the April 29 state-owned China International Trade and period prior to launch. These companies re- Los Angeles trip. In his e-mail, Vice Presi- Investment Corp. (‘‘CITIC’’), a $21 billion peatedly lobbied the White House to allow dent Gore stated ‘‘If we have already booked conglomerate. One of CITIC’s subsidiaries, them to launch their satellites on Chinese the fundraisers, then we have to decline.’’ Poly Technologies, is one of Beijing’s leading rockets. (The New York Times, 5/17/98) weapons companies and has been tied to an This demonstrates that the Vice President 78. In 1996, a rocket carrying a $200 million attempt to smuggle $4 million worth of AK– knew that the Temple event was a fund- Loral satellite crashed upon launch from 47s into the United States. Wang Jun is the raiser, since he used the plural term ‘‘fund- China. Following this crash, scientists from son of Wang Zing, who was the Vice Presi- raisers’’ and the only acknowledged fund- Loral and Hughes allegedly advised the Chi- dent of China. raiser he attended on April 29 was a dinner at nese on how to improve their guidance sys- 64. In a deposition taken by the Senate a home near San Jose. A true and correct tems by sharing technology that had not Governmental Affairs Committee on June 18, copy of a print-out of the Vice President’s e- been cleared for export. (The Washington 1997, Ernest Green, a managing director of mail message to Kimberly Tilley is attached Post, 5/17/98) A classified Pentagon report the Washington office of Lehman Brothers hereto as Exhibit . All of the contents of concluded that the technology transferred to investment bank, stated that he had written the attached print-out are hereby incor- the Chinese by these companies can be used a letter to Wang Jun inviting him to the porated by reference as part of the factual to significantly improve the accuracy of Chi- United States. At the time, Lehman Broth- and evidentiary basis for the relief sought in na’s long-range missiles aimed at the United ers was competing for underwriting business this complaint. States. (The Chicago Tribune, 4/13/98) in the vastly expanding Chinese market. 71. The facts outlined above constitute suf- 79. The Justice Department started a 65. On February 5, 1996, a copy of Wang ficient specific and credible evidence to criminal investigation to determine if Loral Jun’s bio was faxed to the DNC from Lehman make a prima facie case that the President, and Hughes had illegally transferred tech- Brothers’ offices. A true and correct copy of Vice President, and other high-ranking exec- nology to the Chinese. That investigation the fax of Wang Jun’s bio received by the utive branch officials conspired to violate was still underway in February, 1998, when DNC is attached hereto as Exhibit . All of the Federal campaign finance laws in order Hughes and Loral petitioned the White the contents of the attached fax are hereby to raise large sums of money to spend on the House for another waiver to launch a sat- incorporated by reference as part of the fac- 1996 presidential campaign. The Attorney ellite from China. The Justice Department tual and evidentiary basis for the relief General has therefore violated the letter and objected to this waiver, arguing that its abil- sought in this complaint. the spirit of the Independent Counsel Stat- ity to pursue its investigation would be se- 66. On February 6, 1996, Wang Jun attended ute by failing to appoint an independent verely hindered if the government allowed a coffee with President Clinton at the White counsel to investigate these allegations. Loral and Hughes to return to China under House. On the morning of this coffee, Mr. Johnny Chung, Loral, Inc. and the the same arrangement they had allegedly Green contributed $50,000 to the DNC. A true Launching of American Satellites by China abused two years earlier. The White House and correct copy of the check signed by Mr. 72. On March 14, 1996, the White House an- granted the waiver. (The Washington Post, 5/ Green’s wife, Phyllis Clause-Green, is at- nounced that President Clinton had decided 17/98) tached hereto as Exhibit . All of the con- to transfer control over export licensing for 80. According to an official familiar with tents of the attached check are hereby incor- communications satellites from the State this investigation, the White House decision, porated by reference as part of the factual Department to the Commerce Department. ‘‘just about killed a major investigation in- and evidentiary basis for the relief sought in This decision makes it much easier for volving a very sensitive national security this complaint. American companies to get permission to ex- issue. On the one hand you have investiga- 67. In his June 18, 1996 deposition, Mr. port their satellites to be launched by Chi- tors and prosecutors needing to be taken se- Green testified that towards the end of Feb- nese rockets. (The New York Times, 5/17/98). riously so they can gather information, and ruary, he received a bonus of approximately In February, 1998, the White House gave per- then on the other hand the White House is $50,000 from Lehman Brothers. Mr. Green had mission to Loral Space and Communications saying that suspicions . . . are not serious already received a bonus of $114,961 on Feb- Ltd. to launch one of its satellites on a Chi- enough to keep these companies from going ruary 1, 1996. The grant of a $50,000 bonus so nese rocket. (The Washington Post, 5/17/98) back and doing it all over again.’’ (The quickly following Mr. Green’s $50,000 dona- 73. One of the parties that benefitted from Washington Post, 5/17/98) tion to the D.N.C. gives rise to the inference the waivers and eased export restrictions is 81. Loral’s Chief Executive Officer, Bernard that Lehman Brothers, not Mr. Green, was China Aerospace Corporation, a state-owned L. Schwartz, was the single largest donor to the true source of the contribution to the company with interests in satellite tech- the Democratic party in 1996. According to June 29, 1999 CONGRESSIONAL RECORD — SENATE S7787 the Center for Responsive Politics, Mr. these contributions as part of a plan of the same May 14, 1993 reauthorization hearing, Schwartz gave $632,000 in ‘‘soft money’’ dona- government of China to buy influence in the stated: ‘‘The Independent Counsel Act was tions to the DNC in advance of the 1996 elec- United States government through political designed to avoid even the appearance of im- tions. (The Washington Post, 5/17/98). Accord- contributions. According to Senator Arlen propriety in the consideration of allegations ing to the Center for Responsive Politics, Specter, FBI Director Freeh further advised of misconduct by high-level Executive Mr. Schwartz has given an additional $421,000 the Committee that one of the reports upon Branch officials and to prevent, as I have to Democrats in the current election cycle. which the briefing was based had been in the said, the actual or perceived conflicts of in- (The Washington Post, 5/6/98) FBI’s files for over two years, since Sep- terest. The Act thus served as a vehicle to III. BEHAVIOR OF THE ATTORNEY GENERAL AND tember/October 1995, and a second report had further the public’s perception of fairness THE DEPARTMENT OF JUSTICE been on file since January, 1997. and thoroughness in such matters, and to 90. On September 16, 1997, Senator Arlen avert even the most subtle influences that A. Failure of the Justice Department’s Specter made the following comments about Campaign Finance Investigation may appear in an investigation of highly- the September 11 briefing from the floor of placed Executive officials.’’ 82. Attorney General Reno has repeatedly the Senate: ‘‘In those briefings, Senators 97. During most of her tenure in office, At- insisted that there is no need to appoint an learned that the Department of Justice had torney General Reno has interpreted the Act independent counsel to investigate the cam- critical information in its files for a long in a manner consistent with these state- paign finance activity during the 1996 presi- time on the issue of possible illegal foreign ments. On seven previous occasions she dential election because the Department of contributions without advising the Govern- sought appointment of independent counsels Justice’s own Campaign Finance Task Force mental Affairs Committee and, apparently, when presented with evidence of possible vio- was conducting a professional and effective without knowing it had the information or lations by covered officials: investigation. Yet in the two years it has acting on it. That again shows the necessity A. On May 11, 1998, Attorney General Reno been conducting its investigation, the Task for Independent Counsel to be appointed to requested the appointment of an independent Force has proved unable to handle this mat- investigate the 1996 Federal campaign ille- counsel to investigate allegations that Labor ter. galities and irregularities.’’ Secretary Alexis Herman accepted payments 83. In March, 1996, it was revealed that Vice 91. These failures of the Justice Depart- in return for directing clients towards a con- President Gore had solicited campaign con- ment Campaign Finance Task Force have sulting firm operated by her friend and a col- tributions from his White House office. been attributed in part to a policy, pattern league. 84. For more than five months following and practice which prevented the task force B. On February 11, 1998, Attorney General Vice President Gore’s public defense of his from investigating the President, Vice Presi- Reno requested the appointment of an inde- phone calls, Justice Department investiga- dent and other high level officials covered by pendent counsel to investigate allegations the Independent Counsel Statute (‘‘covered tors did not review Vice President Gore’s as- that Interior Secretary Bruce Babbitt al- persons.’’) sertion that he acted legally in seeking these lowed contributions to the Democratic party contributions from his White House office in 92. On October 3, 1997, the Washington Post reported that Justice Department prosecu- to influence his policy decisions. 1995–96 and solicited only soft money. C. In November of 1996, Attorney General 85. On September 3, the Washington Post tors determined that the law prohibited Reno requested the appointment of an inde- reported that more than $120,000 raised by them from looking at the activities of ‘‘cov- pendent counsel to investigate allegations Vice President Gore through these phone ered persons’’ unless presented with ‘‘spe- that Eli Segal, head of the AmeriCorps pro- calls had actually been deposited into legally cific’’ and ‘‘credible’’ allegations that such covered persons had committed a crime. This gram, raised illegal campaign contributions. restricted ‘‘hard money’’ accounts main- D. In July of 1995, Attorney General Reno tained by the DNC. This report was based on approach prevented the Justice Department prosecutors from focusing on or even inter- requested the appointment of an independent White House and DNC records that had been counsel to investigate allegations that available to the public. Only after reading viewing senior administration officials, thus insuring that covered persons would be former Commerce Secretary Ron Brown im- the report, Attorney General Reno ordered a properly accepted a $50,000 payment from a 30-day review of the Vice President’s phone among the last implicated in any possible misdeeds. According to one Justice Depart- former business partner and then filed inac- calls, the first step in the legal procedure curate financial disclosure statements. leading to appointment of an independent ment lawyer involved in the investigation, ‘‘You can’t ask someone whether a covered E. In March of 1995, Attorney General Reno counsel. requested the appointment of an independent 86. On September 5, the Attorney General person committed a crime.’’ That approach counsel to investigate allegations that acknowledged that she learned of the depos- and mindset demonstrated the DoJ Task former Housing and Urban Development Sec- its to hard money accounts from the press: Force could not and did not handle this mat- retary Henry Cisneros misled the FBI about ‘‘The first I heard of it was when I saw the ter thus calling for Independent Counsel. payments he made to his former mistress. article in the Washington Post . . . . It is my 93. The Act does not mandate such a pas- sive investigatory approach. The Act re- F. In September of 1994, Attorney General understanding that this is the first time the Reno requested the appointment of an inde- public integrity section learned of it, as quires ‘‘specific and credible’’ evidence of wrongdoing by covered persons before the pendent counsel to investigate allegations well.’’ that former Agriculture Secretary Mike 87. On September 20, the Justice Depart- Attorney General is required to appoint an Espy violated the law by accepting gifts ment announced that Attorney General Reno independent counsel. Nowhere does the Act from companies regulated by his Depart- had decided to open a review of President require ‘‘specific and credible evidence’’ of ment. Clinton’s fund raising calls from the Oval Of- wrongdoing before the Department of Justice G. In January of 1994, Attorney General fice. On September 22, the Washington Post can investigate a covered person on its own. Reno requested the appointment of an inde- reported that the records that convinced At- 94. This policy demonstrates that the Jus- pendent counsel to investigate President torney General Reno to open this review had tice Department has simply ignored evidence Clinton’s Whitewater real estate venture. been turned over to the Justice Department of violations by covered persons and, con- 98. Congress relied upon the Attorney Gen- task force several months prior to the deci- trary to its public pronouncements, has eral’s statements and record when amending sion to open the review, but the Task Force failed to conduct a competent investigation and then reauthorizing the Independent had not examined the documents until that of the evidence that has been presented to it. Counsel Statute subsequent to the hearing. week. The delay in examination was attrib- B. Estoppel of the Attorney General Accordingly, no Senator saw a need to uted to confused document-handling proce- 95. In her May 14, 1993 opening statement amend the statute to clarify or emphasize dures within the campaign finance task before the Senate Committee on Govern- the requirement that independent counsel be force. mental Affairs on the reauthorization of the appointed in circumstances such as those re- 88. On September 11, 1997, Attorney Gen- Independent Counsel Statute, Attorney Gen- flected in the facts recited above. eral Reno, FBI Director Freeh and CIA Di- eral Reno stated: ‘‘The reason that I support 99. Given the Attorney General’s state- rector Tenet briefed the Senate Govern- the concept of an independent counsel with ments and pattern of behavior, and Congress’ mental Affairs Committee on some matters statutory independence is that there is an detrimental reliance thereon, Attorney Gen- relating to the campaign finance investiga- inherent conflict whenever senior Executive eral Reno is estopped from refusing to ap- tion. At this briefing it was revealed that the Branch officials are to be investigated by the point an independent counsel in the instant Department of Justice had critical informa- Department and its appointed head, the At- case. tion in its files for two years relating to pos- torney General. The Attorney General serves sible illegal contributions without advising at the pleasure of the President . . . . It is C. Conflict of Interest the Governmental Affairs Committee with- absolutely essential for the public to have 100. Section 591(c) of the Act provides that out knowing it had the information in the confidence in the system and you cannot do the Attorney General ‘‘may’’ conduct a pre- first place. that when there is conflict or an appearance liminary investigation of any person when- 89. Specifically, CIA Director Tenet ad- of conflict in the person who is, in effect, the ever the Attorney General (1) receives spe- vised the Committee that a particular indi- chief prosecutor. There is an inherent con- cific and credible information which is ‘‘suf- vidual (whose identity is confidential) who flict here, and I think that is why this Act is ficient to constitute grounds to investigate’’ had been identified in many news accounts so important.’’ whether such person ‘‘may have violated’’ as a major foreign contributor to political 96. Commenting on the Independent Coun- any Federal criminal law, and (2) determines campaigns and campaign committees, made sel Statute, Attorney General Reno, at the that an investigation or prosecution of such S7788 CONGRESSIONAL RECORD — SENATE June 29, 1999 person by the Department of Justice ‘‘may individuals and associations, including for- ting forth in great detail the reasons why result in a personal, financial, or political eign interests, that point to potential in- her focus on the issue of fund-raising tele- conflict of interest.’’ volvement by senior Executive Branch offi- phone calls in both preliminary investiga- 101. The independent Counsel statute pre- cials. The letter also notes the ‘‘inherent tions was too limited. Senator Specter noted sumes that it would present a conflict of in- conflict of interest’’ in the Attorney General that there is ‘‘substantial evidence of wrong- terest for the Attorney General to inves- investigating the Executive Branch, and doing which meets the specific and credible tigate the President or Vice President. calls on the Attorney General to commence threshold in the Independent Counsel Stat- 102. The Department of Justice campaign a preliminary investigation. A true and cor- ute’’ and cited five specific examples of finance task force has indicted five individ- rect copy of the March 13, 1997 letter is at- issues other than the telephone calls which uals with close ties to the President and/or tached as Exhibit ——. All of the contents of require appointment of independent counsel. Vice President (as detailed below). Accord- the attached letter are hereby incorporated A true and correct copy of the November 25, ingly, the investigation of the five individual by reference as part of the factual and evi- 1997 letter is attached as Exhibit . All of the currently under indictment will inevitably dentiary basis for the relief sought in this contents of the attached letter are hereby in- involve the Justice Department in inves- complaint. corporated by reference as part of the factual tigating the President and Vice President. In 104. On April 14, 1997, the Attorney General and evidentiary basis for the relief sought in order to avoid the conflict of interest pre- responded by letter to Chairman Hatch that this complaint. sented by such an investigation, the Attor- she would not initiate a preliminary inves- 111. On December 2, 1997, Attorney General ney General should exercise her discretion tigation under the Act. A true and correct Reno announced that she decided not to seek under the Act and appoint an independent copy of the April 14, 1997 letter is attached an independent counsel to investigate these counsel. hereto as Exhibit ——. All of the contents of allegations against the President and Vice the attached letter are hereby incorporated President. On the same day, she formally ad- Howard Glicken by reference as part of the factual and evi- vised the special panel of three judges who Finance Vice Chairman of the DNC during dentiary basis for the relief sought in this oversee the appointment of independent the 1996 campaign. complaint. counsel that ‘‘there are no reasonable Raised over $2 million for the Democratic 105. On October 11, 1996 Senator John grounds’’ for further investigation. party during the 1996 campaign. McCain wrote to the Attorney General re- 112. On August 26, 1998, Attorney General Made over 70 visits to the Clinton White questing that she appoint an independent Reno launched a preliminary investigation House. counsel. Senator McCain wrote to the Attor- under The Act into allegations that Vice Served as Vice President Gore’s Florida Fi- ney General again on October 29, 1996 in a President Gore lied when he told investiga- nance Chairman during his 1988 Presidential joint House-Senate letter. True and correct tors that he did not know that a percentage bid. copies of the October 11, 1996 and October 29, of the money he raised from the White House Maria Hsia 1996 letters are attached hereto as Exhibit went into hard money accounts. The inves- —— and ——, respectively. The allegations tigation was initiated after the Department Accompanied Vice President Gore on a trip contained in Exhibits —— and —— are incor- of Justice received evidence that the Vice to Taiwan paid for by a Buddhist organiza- porated herein by reference. All of the con- President had attended a meeting in which tion in 1989. tents of the attached letters are hereby in- the division of such funds into both hard and Organized a $250–a-plate Beverly Hills corporated by reference as part of the factual soft money was discussed. fund-raiser for Gore’s 1990 Senate re-election and evidentiary basis for the relief sought in 113. On November 24, 1998, Attorney Gen- campaign. this complaint. eral Reno announced that she decided not to Helped organize April 29, 1996 fund-raising 106. On September 3, 1997, House Judiciary seek an independent counsel to investigate lunch at the Hsi Lai Buddhist Temple at- Committee Chairman Hyde and all of the Re- the allegations that Vice President Gore lied tended by Vice President Gore which raised publican members of the Committee sent a to the campaign finance investigators. On $140,000 for the DNC. letter to Attorney General Reno setting the same day, she formally advised the spe- Yah Lin ‘‘Charlie’’ Trie forth, in great detail, the alleged cial panel of three judges who oversee the ap- Owned a Chinese Restaurant in Little wrongdoings of the Clinton Administration pointment of independent counsels that Rock, Arkansas, frequented by President in the 1996 campaign. The letter requests ‘‘there are no reasonable grounds’’ for fur- Clinton during his tenure as Governor of Ar- that the Attorney General apply for the ap- ther investigation of the allegations against kansas. pointment of an independent counsel to in- the Vice President. Raised $640,000 for President Clinton’s legal vestigate these matters. A true and correct 114. On September 1, 1998, Attorney Gen- defense fund in 1995–96. copy of the September 3, 1997 letter is at- eral Reno launched a preliminary investiga- Raised $645,000 for the Democratic party in tached as Exhibit . All of the contents of tion under The Act into allegations that 1995–96. the attached letter are hereby incorporated former White House deputy chief of staff Made at least 23 visits to the Clinton White by reference as part of the factual and evi- Harold Ickes lied to the Senate Govern- House. dentiary basis for the relief sought in this mental Affairs Committee about whether he complaint. made efforts to aid the Teamsters Union in Johnny Chung 107. On November 13, 1997, House Judiciary exchange for campaign contributions. Contributed $366,000 to the DNC between Committee Chairman Hyde and a majority of 115. On November 30, 1998, at the end of the August 1994 and August 1996. the Republican members of the Committee 90-day preliminary investigation, Attorney Contributed $50,000 to the DNC on March 9, sent a letter to Attorney General Reno set- General Reno decided to delay her decision 1995. Handed check to Hillary Clinton’s Chief ting forth, in great detail, the allegation whether to appoint an independent counsel of Staff, Maggie Williams, at the White that the U.s. Department of the Interior to investigate Harold Ickes. On that date, House. made policy changes in exchange for cam- Attorney General Reno requested and re- Two days later, Mr. Chung and a delega- paign contributions. The letter calls on At- ceived from the special three judge panel a tion of six Chinese officials were admitted to torney General Reno to immediately request 60-day extension of the preliminary inves- watch President Clinton tape his weekly appointment of an independent counsel to in- tigation into Ickes. radio address. vestigate these allegations. A true and cor- Rejection of Advice from Top Investigators Made at least 49 visits to the Clinton White rect copy of the November 13, 1997 letter is to Appoint an Independent Counsel House. attached as Exhibit . All of the contents of 116. In deciding not to appoint an inde- Pauline Kanchanalak the attached letter are hereby incorporated pendent counsel, Attorney General Reno re- Raised $679,000 for the Democratic Party by reference as part of the factual and evi- jected the advice that had been given to her and candidates. dentiary basis for the relief sought in this by two individuals she had placed at the top Visited the Clinton White House 26 times. complaint. of the Justice Department’s campaign fi- Appointed Managing Trustee of the DNC. The Preliminary Investigations and Failure nance investigation: Louis Freeh and Charles Recommended by the White House for a po- to Appoint an Independent Counsel LaBella. sition on an executive trade policy com- 108. On September 3, 1997, Attorney Gen- 117. On October 15, 1997, Attorney General mittee. eral Reno launched a preliminary investiga- Reno testified before the House Judiciary D. Additional Facts relating to the Attorney tion under The Act into allegations that Committee that she had given FBI Director General’s Refusal to Appoint Independent Vice President Gore may have violated Fed- Louis Freeh a leading role in the Justice De- Counsel eral law by making fund-raising telephone partment’s campaign finance inquiry and calls from his office in the White House. that no avenues of investigation would be Letters to Attorney General Reno from the 109. On October 14, 1997, Attorney General closed without Freeh’s approval. Senate and House Judiciary Committees Reno launched a preliminary investigation 118. On December 9, 1997, Director Freeh and Others under The Act into allegations that Presi- testified before the House Committee on 103. On March 13, 1997, Senate Judiciary dent Clinton may have violated Federal law Government Reform and Oversight that he Committee Chairman Hatch and all Repub- by making fund-raising telephone calls from had recommended to Attorney General Reno lican members of the Committee sent a let- the Oval Office. that she appoint an independent counsel ter to Attorney General Reno setting forth, 110. On November 25, 1997, Senator Arlen with respect to the campaign finance inves- in great detail, evidence of involvement by Specter wrote to Attorney General Reno set- tigation. It was later disclosed that in a 22– June 29, 1999 CONGRESSIONAL RECORD — SENATE S7789 page memorandum to the Attorney General criticized for not making the case.’’ (New 140. Despite the specific and credible evi- explaining his conclusions, Director Freeh York Times, 7/6/97) dence that has been presented to her, the At- concluded that, ‘‘It is difficult to imagine a Special Standing of the Senate and House torney General has unlawfully withheld and more compelling situation for appointing an Judiciary Committees to Sue for Enforce- unreasonably delayed applying for the ap- independent counsel.’’ ment of the Independent Counsel Statute pointment of an independent counsel. 141. The failure of the Attorney General to 119. In September, 1997, Attorney General 129. The Act provides that: ‘‘The Com- apply for appointment of an independent Reno appointed Charles G. LaBella to direct mittee on the Judiciary of either House of counsel injures the plaintiffs, who have re- the Justice Department’s campaign finance the Congress, or a majority of majority quested that she do so in accordance with investigation task force. party members or a majority of all non- 120. On May 3, 1998, Mr. LaBella issued a majority party members of either such com- their special authority under the Act and statement confirming that he had rec- mittee may request in writing that the At- who have supplied her with information suf- ommended to Attorney General Reno that torney General apply for the appointment of ficient to trigger such an appointment under she appoint an independent counsel to inves- an independent counsel.’’ 28 U.S.C. 592(g)(1). the Act. tigate whether President Clinton and Vice 130. The Attorney General must respond in WHEREFORE, the Plaintiffs respectfully President Gore violated the law by making writing to such request and report to the pray that the Court require the Defendant, telephone solicitations from their offices. Committees whether she has begun or will the Attorney General of the United States 121. On July 16 or 17, 1998, Mr. LaBella de- begin a preliminary investigation of the Janet Reno, to apply to the special division livered a detailed report to Attorney General matters with respect to which the request of the circuit court for the appointment of Reno arguing that she had no alternative but was made, and the reasons for her decision. an independent counsel to investigate evi- to seek an independent prosecutor to inves- 28 U.S.C. 592(g)(2). dence that criminal violations may have oc- curred in the 1996 presidential campaign in- tigate political fund-raising abuses in Presi- 131. This specific inclusion of the Judiciary volving covered persons, including possibly dent Clinton’s reelection campaign. In par- Committees within the framework of the Act the President and/or the Vice President. ticular, Mr. LaBella concluded that there is and the role granted these Committees enough specific and credible evidence of thereunder is evidence that Congress in- THIRD COUNT (FOR A COURT ORDER) wrongdoing by high-ranking officials to trig- tended to create procedural rights—includ- 142. Plaintiffs repeat and reallege all of the ger the mandatory provisions of the Inde- ing the right to sue for enforcement—in foregoing allegations in the Compliant as if pendent Counsel statute. The report was members of the Judiciary Committees. set forth at length herein. based on all of the evidence gathered by the 132. Both the D.C. Circuit and the Ninth 143. The failure of the Attorney General to Circuit have made specific reference to the Department’s task force including confiden- apply for the appointment of an independent fact that members of the Judiciary Commit- tial evidence and grand jury testimony not counsel despite the specific and credible evi- tees have been given a special oversight role available to the public. dence that has been presented to her is a within the scheme of the Act and each court 122. September, 1997, Attorney General gross abuse of any discretion she may have has stated that this role is evidence that to do so under the Act. Reno appointed James V. DeSarno Jr. to Congress intended to create broad procedural 144. The failure of the Attorney General to serve as special F.B.I. agent in charge of the rights in the members of these Committees. apply for appointment of an independent campaign finance investigation task force. See Banzhaf v. Smith, 737 F.2d. 1167 (D.C. Cir. counsel effectively blocks the proper and or- 123. On August 4, 1998, Mr. DeSarno testi- 1984) and Dellums v. Smith, 797 F.2d 817 (9th derly administration of justice in the instant fied before the House Committee on Govern- Cir. 1986). case. ment Reform and Oversight that he agreed FIRST COUNT (FOR A WRIT OF MANDAMUS) 145. The failure of the Attorney General to with the conclusion in Mr. LaBella’s memo apply for appointment of an independent that Attorney General Reno has no alter- 133. Plaintiffs repeat and reallege all of the foregoing allegations in the Complaint as if counsel injures the plaintiffs, who have re- native but to seek an independent counsel to quested that she do so in accordance with investigate campaign finance violations. set forth at length herein. 134. Defendant, Attorney General Reno, has their special authority under the Act and Reliance upon Advice from Secondary been presented with specific and credible evi- who have supplied her with information suf- Advisors dence pertaining to possible violations of ficient to trigger such an appointment under 124. In deciding not to appoint independent criminal law by covered persons which is suf- the Act. WHEREFORE, the Plaintiffs respectfully counsel, Attorney General Reno relied pri- ficient to create reasonable grounds to be- pray that the Court exercise its inherent marily upon the advice of two individuals lieve that further investigation is warranted. power under common law to issue an order further removed from the investigation than 135. Given this evidence, Attorney General appointing an independent counsel to inves- Freeh, LaBella and DeSarno: Lee Radek and Reno is required under the Act to make an tigate evidence that criminal violations may Robert Litt. application to the special division of the cir- cuit court for appointment of an independent have occurred in the 1996 presidential cam- 125. Robert. S. Litt has plated an active paign involving covered persons, including role in the meetings in which Attorney Gen- counsel. 136. Notwithstanding the duties imposed on possibly the President and/or the Vice Presi- eral Reno has concluded not to appoint Inde- dent. pendent Counsel. Mr. Litt was nominated to her under the Act and repeated requests by be chief of the Criminal Division of the De- Plaintiffs, the Attorney General has refused FOURTH COUNT (FOR SPECIFIC PERFORMANCE partment of Justice in 1995, but was never to apply to the special division of the circuit UNDER PROMISSORY ESTOPPEL) confirmed for this position. He currently court for appointment of an independent 146. Plaintiffs repeat and reallege all of the counsel. serves as Principal Associate Deputy Attor- foregoing allegations in the Complaint as if 137. The failure of the Attorney General to ney General and is the de facto head of the set forth at length herein. apply for appointment of an independent 147. In her May 14, 1993 statement before criminal division. counsel despite the evidence that has been the Senate Committee on Governmental Af- 126. Prior to moving to the Department of presented to her is a violation of her manda- fairs on the reauthorization of the Inde- Justice, Mr. Litt was the law partner of tory duty to do so under the Act or, in the pendent Counsel Statute (quoted above), At- David Kendall, the President’s private attor- alternative, is a gross abuse of her discretion torney General Reno made statements which ney. to do so under the Act. assured the Committee and the Senate that 127. Lee Radek is a career bureaucrat who 138. The failure of the Attorney General to she shared their interpretation of the Inde- currently serves as chief of the Criminal Di- apply for appointment of an independent pendent Counsel Statute and that she under- vision’s public integrity section. Mr. Radek counsel injures the plaintiffs, who have re- stood her obligation to appoint an inde- and the lawyers working under him have quested that she do so in accordance with pendent counsel in circumstances such as been among the strongest advocates for their special authority under the Act and those reflected in the facts recited above. keeping the inquiry inside the Department of who have supplied her with information suf- 148. On four prior occasions during her ten- Justice. (New York Times, 12/11/97). ficient to trigger such an appointment under ure in office, Attornet General Reno has ap- 128. Mr. Radek has been openly critical of the Administrative Procedures Act. plied for appointment of an independent the independent counsel statute and has re- WHEREFORE, the Plaintiffs respectfully counsel. This pattern of conduct further as- jected the fundamental premise of the law— pray that the Court require the Defendant, sured the Committee and the Senate that that the Department of Justice should not be the Attorney General of the United States she understood her obligation to appoint an in charge of investigating certain high offi- Janet Reno, to apply to the special division independent counsel in circumstances such cials in the executive branch. According to of the circuit court for the appointment of as those recited in the facts above. Mr. Radek, ‘‘The independent counsel stat- an independent counsel to investigate evi- 149. The member of the U.S. Senate relied ute is an insult. It’s a clear enunciation by dence that criminal violations may have oc- upon Attorney General’s statements and the legislative branch that we cannot be curred in the 1996 presidential campaign in- record when amending and then reauthor- trusted on certain species of cases.’’ (New volving covered persons, including possibly izing the Independent Counsel Statute subse- York Times, 7/6/97) Radek also complained the President and/or the Vice President. quent to the hearing. Accordingly, no Sen- that the Independent Counsel statute places SECOND COUNT (FOR A COURT ORDER UNDER THE ator saw a need to amend the statute to clar- his prosecutors in a no-win situation, ‘‘If we ADMINISTRATIVE PROCEDURES ACT) ify or emphasize the requirement that inde- do very well in our investigation, we have to 139. Plaintiffs repeat and reallege all of the pendent counsel be appointed in cir- turn the case over to an independent coun- foregoing allegations in the Complaint as if cumstances such as those reflected in the sel. If we don’t find anything, then we’re set forth at length herein. facts recited above. S7790 CONGRESSIONAL RECORD — SENATE June 29, 1999 150. The failure of the Attorney General to tection for those Americans insured fully debate the Patients’ Bill of apply for appointment of an independent through private managed care plans Rights. We must protect those counsel injures the plaintiffs, who have re- was just not a priority for us—this de- Vermonters who are not covered under quested that she do so in accordance with spite the fact that we have had calls current state law. And we must act their special authority under the Act and who have supplied her with information suf- from nonpartisan groups from every now to cover every other American ficient to trigger such an appointment under corner of the Nation. The Republican who expects fair treatment from their the Act. leadership has refused to schedule a managed care plan. WHEREFORE, the Plaintiffs respectfully full and reasonable debate to consider I am one of many in this body who pray that the Court exercise its power under the vote on the Patients’ Bill of firmly believe in the importance of this the common law doctrine of promissory es- Rights. bill. I hope the leadership is listening toppel to issue an order appointing an inde- Certainly from my experience in the and I hope they hear what we are say- pendent counsel to investigate evidence that Senate it is clear that the only step ing. It is what Americans are saying. criminal violations may have occurred in the As I stated at the beginning of this 1996 presidential campaign involving covered left is, of course, to bring the Patients’ persons, including possibly the President Bill of Rights directly to the floor. I message, millions of American families and/or the Vice President. believe we should keep it there until in this Nation of first-class medical ex- Dated: December , 1998. the Republicans, who are in the major- pertise are subject to second-class Respectfully submitted, ity, agree that it merits the priority treatment because of the policies and ——— ———, consideration that we—and I believe practices of our health insurance sys- Attorney for Plaintiffs. most of the American people, Repub- tem. Mr. SPECTER. I thank the Chair for lican and Democrat—strongly believe We have heard a lot of ‘‘our bill has the extra time, and I yield the floor. it does. this,’’ and ‘‘their bill doesn’t have f I applaud Senator KENNEDY, Senator that.’’ Here are some of the facts. Our Patients’ Bill of Rights will protect RECESS DURBIN, and many others for leading this vigilance to save the Patients’ Bill every patient covered by private man- The PRESIDING OFFICER. All time of Rights. I commend the distinguished aged care plans. And it offers protec- having expired, under the previous Senate Democratic leader, Mr. tions that make sense, such as ensur- order, the Senate will stand in recess DASCHLE, for continuing to insist on a ing a patient has access to emergency until the hour of 2:15 p.m. reasonable time agreement as he at- room services in any situation that a Thereupon, the Senate, at 12:38 p.m., tempts to negotiate with our friends on ‘‘prudent layperson’’ would regard as recessed until 2:15 p.m.; whereupon, the the other side of the aisle. an emergency, guaranteeing access to Senate reassembled when called to I urge our friends in the Republican specialists for patients with special order by the Presiding Officer (Mr. Party to make the Patients’ Bill of conditions, and making sure that chil- INHOFE). Rights a high priority. Let’s get on dren’s special needs are met, including f with the debate, vote it up or vote it access to pediatric specialists when down, and then go on to the other mat- ORDER OF PROCEDURE they need it. ters, things such as the agriculture ap- Our Patients’ Bill of Rights provides The PRESIDING OFFICER. Under propriations bill and other business be- strong protections for women. It will the previous order, the time until 3:15 fore us. provide women with direct access to shall be under the control of the Demo- The Patients’ Bill of Rights that we their ob/gyn for preventive care. cratic leader. Democrats have presented reflects a Through successful research, we have The Senator from Vermont. fundamental expectation that Ameri- learned that regular screening can pre- Mr. LEAHY. Mr. President, I yield cans have about their health care. That vent breast cancer and cervical cancer such time as I may need under the time expectation is that doctors—not insur- in women of all ages. allotted to the distinguished Senator ance companies—should practice medi- We stress the importance of regular from South Dakota. cine. visits to ob/gyns to the women in our f To really sum up our Patients’ Bill of lives: our mothers, our wives, our Rights, we are saying that doctors—not daughters, and our sisters. But we PATIENTS’ BILL OF RIGHTS insurance companies—should be the make it difficult for these women to Mr. LEAHY. Mr. President, it is in- first decisionmakers in your health receive care by requiring referrals and teresting when you think of the debate care. The rights that we believe Ameri- putting other obstacles in the way of we are in. Here we are as Americans in cans should have in dealing with health their care. Let us make sure women the richest and most powerful country insurers are not vague theories; they have the direct access they need and the world has ever known. There is are practical, sensible safeguards. You deserve. really no comparison to it. We have the can hear it if you talk to anybody who Our bill also will give women time to most highly trained and capable health has sought health care. You can hear it recover when they have undergone sur- professionals of any nation. Our tech- if you talk to anybody who provides gery. We should let doctors and pa- nology leads the way on the frontiers health care. I hear it from my wife, tients determine if a lengthier hospital of medical science. People come from who is a registered nurse. I hear it stay is necessary, and our bill would all over the world to train and to be from her experiences on the medical- let them decide. educated in medical science. But at surgical floors in the hospitals she has Health plans must be held account- that same time, millions of American worked in. If you want to see how some able for their actions, just as doctors families in our Nation with its first- of them would work in practice, come and hospitals are today. Out Patients class medical expertise are subject to with me to Vermont. My state has al- Bill of Rights provides a variety of second-class treatment because of the ready implemented a number of these ways to achieve this goal. policies and practices of our health in- protections for the Vermonters who are First, patients must be able to appeal surance system. insured by managed care plans. I am decisions made by their health plans. I have to ask, is it really beyond the proud Vermont has been recognized na- In our bill, any decision to deny, delay ability of this great Nation to ensure tionally for its innovation and achieve- or otherwise overrule doctor-prescribed access and accountability to help these ments in protecting patients’ rights. treatments could be appealed. And our families? Of course it is not. Is this an I consistently hear from Vermonters bill says these appeals must be ad- important enough problem that solving who are thankful for the actions that dressed in a timely manner, especially it should be a high priority for this the Vermont legislature has taken to when the life of a patient is threatened. body, the Senate? Of course it is. ensure patients are protected. But I Patients must have the opportunity to Although the President and many of also hear from those who do not yet question managed care decisions and the Senators have done their utmost fall under these protections. insurance companies must be held ac- for years to encourage the Congress to This Congress should waste not more countable, especially when they decide act, I am afraid that the Republican time and instead make a commitment to overrule the decisions of a trained leadership long ago decided that pro- to the American people that we will health care providers. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7791 Our bill would require an external ap- serves better than benign neglect. The process dominated by interminable delays peals process through an independent people in Missouri deserve a fully and inaction. Patience has its virtues, but it body with the ability and the authority qualified and fully staffed Federal also has its limits. to resolve disputes in a variety of in- bench. Last year, Senator KENNEDY observed stances. We know this is often a suc- Justice White has one of the finest that women nominated to federal cessful way of mediating labor dis- records—and the experience and stand- judgeships ‘‘are being subjected to putes. Why can’t it work for our pa- ing—of any lawyer that has come be- greater delays by Senate Republicans tients, too? fore the Judiciary Committee. He has than men. So far in this Republican Finally, the Patients’ Bill of Rights served in the Missouri legislature, the Congress, women nominated to our fed- would allow patients to hold health office of the city counselor for the City eral courts are four times—four plans liable for their decisions. This is of St. Louis, and he was a judge in the times—more likely than men to be held essential. How can we justify holding Missouri Court of Appeals for the East- up by the Republican Senate for more our physicians responsible for decisions ern District of Missouri before his cur- than a year.’’ that they are not really making? Doc- rent service as the first African Amer- Justice White remains one of the 10 tors must account for the decisions ican ever to serve on the Missouri Su- longest-pending judicial nominations they make. Why shouldn’t health in- preme Court. before the Senate, along with Judge surers be responsible for theirs? Having been voted out of Committee Richard Paez and Marsha Berzon. Differences between patients and by a 4–1 margin, having waited for 2 I have noted that Justice White’s their managed care plans can readily years, this distinguished African Amer- nomination has already been pending be resolved without going to court. But ican at least deserves the respect of for over two years. By contrast, I note that will not and should not always be this Senate, and he should be allowed a that in the entire four years of the the case. We must extend this con- vote, up or down. Senators can stand Bush Administration, when there was a sumer protection to patients. up and say they will vote for or against Democratic majority in the Senate, Mr. President, let us make the Pa- him, but let this man have his vote. only three nominations took as long as tients’ Bill of Rights the high priority The Chief Justice of the United nine months from initial nomination that our families want it to be on our States Supreme Court wrote in his to confirmation—that is three nomina- agenda. Year-End Report in 1997: ‘‘Some cur- tions taking as long as 270 days in four f rent nominees have been waiting a con- years. siderable time for a Senate Judiciary Last year the average for all nomi- DELAYS IN CONSIDERATION OF Committee vote or a final floor vote. nees confirmed was over 230 days and 11 THE NOMINATION OF RONNIE L. The Senate confirmed only 17 judges in nominees confirmed last year alone WHITE 1996 and 36 in 1997, well under the 101 took longer than nine months: Judge Mr. LEAHY. Mr. President, I rise to judges it confirmed in 1994.’’ He went William Fletcher’s confirmation took speak on the question of nominations. on to note: ‘‘The Senate is surely under 41 months—the longest-pending judi- We are approaching another Senate re- no obligation to confirm any particular cial nomination in the history of the cess. We ought to act on judicial nomi- nominee, but after the necessary time United States; Judge Hilda Tagle’s con- nations, the longstanding vacancies in for inquiry it should vote him up or firmation took 32 months, Judge Susan the Federal courts around this coun- vote him down.’’ Oki Mollway’s confirmation took 30 try. This is the fourth extended Senate For the last several years I have been months, Judge Ann Aiken’s confirma- recess this year. So far this year, the urging the Judiciary Committee and tion took 26 months, Judge Margaret Senate has confirmed only two judicial the Senate to proceed to consider and McKeown’s confirmation took 24 nominees for the longstanding vacan- confirm judicial nominees more months, Judge Margaret Morrow’s con- cies that plague the Federal courts. promptly and without the years of firmation took 21 months, Judge Sonia That is one judge per calendar quarter; delay that now accompany so many Sotomayor’s confirmation took 15 it is one half a judge per Senate vaca- nominations. I hope the committee months, Judge Rebecca Pallmeyer’s tion. We should do better. will not delay any longer in reporting confirmation took 14 months, Judge Let me focus on one: Justice Ronnie the nomination of Justice Ronnie L. Dan Polster’s confirmation took 12 White. This past weekend marked the White to the United States District months, and Judge Victoria Roberts’ 2-year anniversary of the nomination Court for the Eastern District of Mis- confirmation took 11 months. Of these of this outstanding jurist to what is souri and that the Senate will finally 11, eight are women or minority nomi- now a judicial emergency vacancy on act on the nomination of this fine Afri- nees. Another was Professor Fletcher, the U.S. District Court in the Eastern can-American jurist. held up, in large measure because of District of Missouri. He is currently a I have been concerned for the last opposition to his mother, Judge Betty member of the Missouri Supreme several years that it seems women and Fletcher. Court. minority nominees are being delayed In 1997, of the 36 nominations eventu- He was nominated by President Clin- and not considered. I spoke to the Sen- ally confirmed, 10 took more than 9 ton in June of 1997, 2 years ago. It took ate about this situation on May 22, months before a final favorably Senate 11 months before the Senate would June 22 and, again, on October 8 last vote and 9 of those 10 extended over a even allow him to have a confirmation year. Over the last couple of years the year to a year and one-half. Indeed, in hearing. His nomination was then re- Senate has failed to act on the nomina- the four years that the Republican ma- ported favorably on a 13–3 vote in the tions of Judge James A. Beaty, Jr. to jority has controlled the Senate, the Senate Judiciary Committee on May be the first African-American judge on nominees that are taking more than 9 21, 1998. Senators HATCH, THURMOND, the Fourth Circuit; Jorge C. Rangel to months has grown almost tenfold from GRASSLEY, SPECTER, KYL and DEWINE the Fifth Circuit; Clarence J. Sundram 3 nominations to almost 30 over the were the Republican members of the to the District Court for the Northern last four years. committee who voted for him along District of New York; Anabelle In 1996, the Republican Senate shat- with the Democratic members. Sen- Rodriguez to the District Court in tered the record for the average num- ators ASHCROFT, ABRAHAM, and SES- Puerto Rico; and many others. In ex- ber of days from nomination to con- SIONS voted against him. plaining why he chose to withdraw firmation for judicial confirmation. Even though he had been voted out from consideration after waiting 15 The average rose to a record 183 days. overwhelmingly, he sat on the cal- months for Senate consideration, Jorge In 1997, the average number of days endar, and the nomination was re- Rangel wrote to the President and ex- from nomination to confirmation rose turned to the President after 16 months plained: dramatically yet again, and that was with no action. during the first year of a presidential Our judicial system depends on men and The President has again renominated women of good will who agree to serve when term. From initial nomination to con- him. I call again upon the Senate Judi- asked to do so. But public service asks too firmation, the average time it took for ciary Committee to act on this quali- much when those of us who answer the call Senate action on the 36 judges con- fied nomination. Justice White de- to service are subjected to a confirmation firmed in 1997 broke the 200-day barrier S7792 CONGRESSIONAL RECORD — SENATE June 29, 1999 for the first time in our history. It was saying when prices collapse, if this allow you to do. You can offer these 212 days. country cares about family farmers, if three amendments. They have to be Unfortunately, that time is still this Senate is indeed profamily and worded this way. If we don’t agree with growing and the average is still rising cares about family farmers and wants them, we will not give you the privi- to the detriment of the administration to have some family farmers in its fu- lege of speaking on the floor. That is of justice. Last year the Senate broke ture, then it will pass an emergency not the way the Senate is supposed to its dismal record. The average time package to respond to family farmers’ operate and we will not let it operate from nomination to confirmation for needs during this price collapse. We that way. We have rights. the 65 judges confirmed in 1998 was wouldn’t have been able to do that if The American people have rights. In over 230 days. we voted to invoke cloture. We would my judgment, patients in this country Acting to fill judicial vacancies is a not have been able to offer the amend- have the right to know all of their constitutional duty that the Senate— ment. Now we have people saying medical options for their treatment, and all of its members—are obligated somehow those who voted against clo- not just the cheapest. Patients have to fulfill. In its unprecedented slow- ture have disserved the interests of the right to get emergency room treat- down in the handling of nominees since farmers. ment when they have an emergency. the 104th Congress, the Senate is shirk- The agricultural appropriations bill Patients have a right to keep their own ing its duty. That is wrong and should that came to the floor is a piece of leg- doctors during cancer treatment even end. islation that funds USDA; it funds the if their employers change HMOs. All of As the Senate recesses for the Inde- research programs and the other pro- those issues are issues we intend to pendence Day holiday, I hope Senators grams at USDA. It takes effect October fight for on behalf of patients in this will reflect on this record and the need 1. It does not take effect for months. country. But we are denied that right to maintain the independence of the ju- The delay of the bill is not going to by a majority who says you can only diciary by acting more promptly on the injure, in any way, family farmers. The talk about the things we want to talk nominations of the many fine men and bill will get passed on time. It will be about. women pending before us. We have 45 sent to the President and be signed. Then when the agriculture appropria- nominations still pending, the Senate Contrary to those standing in front of tions bill or any other bill comes to the having only acted on only two all year. a tractor yesterday, wheezing and floor and we offer the Patients’ Bill of The courts are faced with 72 vacancies, blowing about farm issues—some of Rights, we are told by the same folks many of extensive duration. The Sen- whom I bet wouldn’t know a bale of who say they care about farmers that ate recesses with a sorry record of in- hay from a bale of twine—I guarantee we have delayed the agriculture appro- action on judicial nominations. before that bill leaves the Senate, we priations bill. This bill will not take ef- The PRESIDING OFFICER. The Sen- intend to offer an emergency package fect until October 1 and is to fund the ator from North Dakota. to say to family farmers: You matter; U.S. Department of Agriculture and had we voted for cloture, it would have f we are going to help you; when prices collapse, we will help you over the prevented Senator HARKIN and myself AGRICULTURE APPROPRIATIONS price ‘‘valley.’’ from offering the specific amendment Mr. DORGAN. Mr. President, I under- What happens to a company on Wall to deal with income support for family stand yesterday there was a press con- Street, Long-Term Capital Manage- farmers during this farm crisis. I just have to say it takes some ference on the Capitol lawn. They ment, that threatens to lose billions of imagination to hold a conference and brought in some big, shiny farm trac- dollars? What happens is they get tors and a group of folks held a press suggest we are the problem. bailed out by the Federal Reserve Mr. DURBIN. Will the Senator yield conference, with the tractors as a Board. for a question? background, wheezing and moaning What would happen if we were talk- Mr. DORGAN. I am happy to yield. about the agriculture appropriations ing about big corporations? They would Mr. DURBIN. Is it not true the bill, saying somehow that bill is get- get bailed out, but they are family course of the debate we have literally ting held up and it will hurt family farmers. taken is to debate measures such as farmers. Somehow in the minds of some, it the Y2K liability bill with dozens of I advise my colleagues, if we had in- does not matter what happens to fam- amendments, and there was not a com- voked cloture as the majority leader ily farmers. It matters to me. It does plaint made that we were slowing down and others wanted with respect to that to many of my colleagues on this side the process on appropriations? bill, we would have been prevented the of the aisle. Mr. DORGAN. That is exactly the opportunity to offer an amendment on I know why they held the press con- case. It is the case that we are in the the floor dealing with the farm crisis, ference with tractors. It is because circumstance which now exists because an amendment that provides some they are upset that folks on this side of there are some here in the Senate who basic income support to family farmers the aisle offered a Patients’ Bill of simply do not want to have to vote on during this urgent farm crisis. We Rights. The reason the Patients’ Bill of the issues we are talking about with would not have been able to do that. Rights was offered in the Senate on ag- respect to the Patients’ Bill of Rights. Voting yes on cloture, on a bill that riculture, and it would not have They want to have a slogan so they can the majority leader pulled off the floor mattered on which bill it was offered, vote for something titled the Patients’ and then brought back on a cloture is we said it was going to be offered to Bill of Rights but one that will not motion, would mean there is no oppor- the first bill that came up if we were have any strength; one that will really tunity to vote for some kind of income not given the opportunity to have a not have any provisions to provide peo- support package for family farms while Patients’ Bill of Rights on the floor of ple with the basic rights they ought to there are collapsed prices. We have the Senate. be provided with respect to this health tried to get that before this Congress. It was offered because we have care issue. I sat downstairs at midnight in the pushed and pushed and pushed and we We have talked at great length about emergency conference on appropria- have been denied the opportunity to the too many instances in this country tions between the House and the Sen- debate and offer amendments on a Pa- where health care decisions are not ate. Senator HARKIN and I offered an tients’ Bill of Rights. That is not the made by a doctor in a patient’s room in amendment that would have provided way the Senate is supposed to work. the hospital or by a doctor in a doc- about $5.5 billion in emergency help for You are supposed to be able to offer tor’s office at a clinic, but where the family farmers during this collapse of legislation, offer amendments, have de- answer to what kind of patient care farm prices. We lost on a 14–14 tie vote. bates, and then have a vote. But some will be allowed is to often, in too many Then we tried in the appropriations do not want the Senate to operate that circumstances, made by an accountant subcommittee and lost there on a par- way. They want to shut the place making medical judgments somewhere tisan vote. down, close the blinds, pull the win- in an insurance company office 1,000 We intend to offer the amendment on dows shut, and then say: This is our miles away. That is what is wrong with behalf of family farmers on the floor, agenda. Here is all we are going to the system. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7793 Mr. DURBIN. Will the Senator yield? other side has adopted the same title— doctors had experienced the cir- Mr. DORGAN. I am happy to yield. which is a nice thing to do, I guess: The cumstance of having an HMO say: No, Mr. DURBIN. Is my understanding Patients’ Bill of Rights. The question this is not medically necessary. You correct that some 200 groups that rep- is scope. How many Americans will it don’t need to correct this. It is not resent consumers and doctors and hos- cover and what kind of coverage will it medically necessary. pitals and business and labor have en- offer? Will it, in fact, help people like Can this young person live with this? dorsed the Democratic Patients’ Bill of that young boy who was told a 50-per- Yes, I suppose so. Would any prudent Rights and, to my knowledge, the only cent chance to be able to walk by age American say it is medically necessary group endorsing the Republican ap- 5 really doesn’t cut it with us; we will to help fix this problem, to give this proach to this is the insurance indus- not provide the therapy you need? Or young child the opportunity to get re- try? will it, in fact, provide assurance to constructive surgery? The answer is Mr. DORGAN. The Senator describes someone who is knocked unconscious clearly yes. That is what is at the root it exactly. It is the difference between in an accident, that if he or she goes of this issue. one approach that is toothless and an into an emergency room unconscious Mr. REID. Will the Senator yield for approach that has some teeth to it that nobody is going to say later: You a question? says we are going to make this work; should have gotten prior approval from Mr. DORGAN. I am happy to yield. we are going to offer some basic protec- the emergency room? Mr. REID. Dr. GANSKE, who is a con- tions to patients. Mr. REID. Will the Senator yield? servative Republican from the State of I have a poster I was going to show Mr. DORGAN. I will be happy to Iowa, voted on this issue and joined the today. I will show it later in the day. It yield. Democrats’ Patients’ Bill of Rights be- is a poster of a young boy in a wheel- Mr. REID. I will ask this in the form cause of this and other instances. Here chair named Ethan who was denied of a question. Not only are we con- is a man who also brought in a picture treatment by the HMO. He was born cerned now about the terrible care that later showing what could happen to a with very difficult problems that im- is being given or not given to patients, child who has surgery that has been paired the use of his limbs. He was de- but would the Senator care to com- perfected over the decades. This is a nied treatment because a doctor who ment on what we are seeing as a result child who has a cleft palate; is that not had never seen this young patient de- of how doctors are being treated? Could true? cided that the patient had a 50-percent you have imagined 5 or 10 years ago Mr. DORGAN. That is correct. chance of being able to walk by age 5, that the doctors would join together to Mr. REID. I would ask one further and a 50-percent chance of being able to form unions to protect their interests, question to the Senator. walk if he gets the appropriate therapy as they are doing now? Isn’t it true there are over 200 organi- is ‘‘not significant.’’ This is from a doc- Mr. DORGAN. I say to the Senator, I zations that support our Patients’ Bill tor who did not see the patient. It is was as surprised as anyone to read the of Rights and that the only organiza- not significant that this person might news these days about doctors wanting tion that opposes our Patients’ Bill of have a 50-percent chance of being able to join a union. But the reason is pret- Rights is the insurance industry basi- to walk, therefore we deny coverage. ty obvious. They are tired of not being cally? That is the kind of thing that is hap- able to practice health care on their Mr. DORGAN. As I understand it, the pening time and time again. I say to own. They are tired of someone making Senator describes the case exactly. Vir- the Senator from Illinois, I have talked decisions about their patients who they tually every organization in health about this woman who falls off a cliff, have seen. They are the ones who have care supports what we are trying to do. drops 40 feet, fractures her bones in been in the examining rooms. They are The doctors in this country, the pa- three places, is knocked unconscious, the ones who have visited the hospital tients all support what we are trying to taken by medevac helicopter out to a beds. Yet an accountant 500 miles away do because they know we are trying to hospital, is brought into the emergency or 1,000 miles away in some insurance solve problems. room unconscious, survives, and later office, is telling them how to practice Let me go back to this notion there is told: We will not pay the emergency medicine. They are flat sick of it. are two different approaches. The ap- room bill because you didn’t have prior Mr. REID. So I say to my friend, it is proach they offer is toothless. It has a approval for emergency room treat- not only the patients who are rising up, title and does not mean anything very ment. This is a woman unconscious, but now we have the doctors rising up much. The approach we offer has teeth, brought into the emergency room for because of this managed care program. is real, and makes a difference in peo- help. That is the kind of thing that I think that is the reason the American ple’s lives. ought to stop. Does she have a right people have latched onto this issue and I want to make one additional point through her health care coverage to are saying please, Washington, do and then conclude because I know emergency room treatment when she is something. Does the Senator think there are others who wish to speak. I knocked unconscious from a fall in the that is a fair statement? came to the floor today because the mountains? The answer is yes, of Mr. DORGAN. I think that is exactly majority leader and others held a press course. We demand that right be given the case, the reason over 200 medical, conference yesterday with tractors as a that patient in this Patients’ Bill of consumer, and labor groups support backdrop saying what we have been Rights. this legislation. I have a picture loaned doing here is shortchanging American Mr. DURBIN. If the Senator will to me by Dr. GANSKE, who is a Member farmers. Nothing is further from the yield for one other question, it is my of Congress from the House, a Repub- truth. American farmers are going to understanding the Republican bill, sup- lican, a very thoughtful Congressman. be well served by a Senate that does ported by the insurance industry, pro- He is a doctor who does reconstructive not push this agriculture appropria- vides no protection to 115 million surgery. He held up the picture of this tions bill through without emergency Americans who have no health insur- young boy. Let me hold up that pic- help which farmers desperately need. ance, whereas the Democratic bill pro- ture, if I might, just so everyone under- That is exactly what would have hap- vides protection to all of those in this stands what we are talking about. This pened if we had voted for cloture as the country who have health insurance. is a terrible deformity. Dr. GANSKE majority leader was insisting. That is a pretty dramatic difference; is held this picture up to use it as an il- Had we voted for cloture on the agri- it not? lustration. culture appropriations bill, the amend- Mr. DORGAN. The Senator is abso- Obviously, you look at this young ment that Senator HARKIN and I were lutely correct. Again, it is the dif- boy and you say what an awful deform- going to offer for $6 billion to $7 billion ference between an approach that is ity to have to live with. But there are in emergency help for farmers would toothless and an approach that has ways, of course, to correct this. A have been ruled nongermane. It would teeth; one that works, makes a dif- young boy doesn’t have to live with have been over. We cannot pass an ag- ference, one that matters. that deformity. Dr. GANSKE pointed out riculture appropriations bill in the So we have a couple of bills rico- he did a survey of his fellow doctors Senate without addressing this farm cheting around here for which the and discovered that half of his fellow crisis, and those who stood in front of S7794 CONGRESSIONAL RECORD — SENATE June 29, 1999 tractors and talked about farmers ponents of our piece of legislation. I has a 50-percent chance of walking and know that. They know better than again refer to this picture used by Dr. told you don’t get the therapy because that. We cannot pass an agriculture ap- GANSKE, a Congressman in the House of a 50-percent chance of walking by age 5 propriations bill and say we have done Representatives, a Republican who sup- is insignificant. our job if we ignore the crisis which ports our basic legislation. We are saying those are not medical now exists and if we do not pass some Does current medical technology and judgments made by a doctor. Those are basic income support package. all the advances in reconstructive sur- insurance judgments made by HMO ac- Senator HARKIN, Senator DURBIN, and gery do this young child any good, if countants 1,000 miles away, and they I tried in the midnight hours of the the child does not have access to it, if undercut the very premise of this emergency appropriations bill. We lost the child’s parents belong to an HMO health care system in which we ought on a 14–14 tie vote. We tried to get it in that says, no, it is not medically nec- to expect prudent treatment that a this year’s appropriations bill but lost essary we correct that deformity, it is doctor believes is necessary for a pa- on a partisan vote. We must try again not medically necessary at all? Does tient. Yet in too many instances, they on the floor of the Senate, and we will that kind of medicine help this child? are not getting it. This is not just a in the coming weeks. The answer is no. What helps this child consumer bill or a patients’ bill, it is a We had a farmer and author testify is a determination by this Senate that bill that really gets at the root of before the Democratic Policy Com- health care plans ought to judge on a health care in this country. I yield the mittee named Wendell Berry. He has uniform basis that this type of deform- floor. written a book called ‘‘Another Turn of ity is medically necessary and this The PRESIDING OFFICER. The Sen- the Crank.’’ I was thinking about that child would get reconstructive treat- ator from Minnesota. today because yesterday’s show in ment to solve that problem. Mr. WELLSTONE. Mr. President, my front of these polished tractors was Mr. EDWARDS. Will the Senator colleague from North Carolina has 3 just another turn of the crank. yield for one last question? minutes. I wonder if he can speak, and As I said, some of these folks would Mr. DORGAN. I will be happy to I ask unanimous consent I follow him not know a bale of hay from a bale of yield. and Senator BOXER follow me. twine and they are telling us about the Mr. EDWARDS. We discussed it brief- The PRESIDING OFFICER. Without long-term interests of farmers. Many of ly a moment ago, and that is the fact objection, it is so ordered. us who fight for farmers every day in that doctors are finding it necessary to Mr. WELLSTONE. I thank the Chair. every way are insistent that before this unionize or to make an effort to The PRESIDING OFFICER. The Sen- Senate moves any appropriations bill unionize because they are no longer ator from North Carolina. dealing with agriculture out of this able to prescribe the treatments and Mr. EDWARDS. I thank the Senator. Senate, it does not just deal with the tests for their patients they know their f programs and research over in USDA, patients need, in fact because they are TRIBUTE TO MICHAEL HOOKER, that it deals with the income needs of not able to make determinations about CHANCELLOR OF THE UNIVER- family farmers. That is what has been what is medically necessary, whether a SITY OF NORTH CAROLINA at stake in the last couple of days. child—if the Senator would hold this Frankly, I am not a happy person to Mr. EDWARDS. Mr. President, I rise photograph up one more time—whether today to note with sadness the death see the criticism that has been leveled such a child medically needs the sur- by those who do not know anything this morning of the Chancellor of the gical procedure the Senator talked University of North Carolina at Chapel about family farmers and those actions about in the last few minutes, the fact which will undercut our attempt to Hill, Michael Hooker. that doctors find it necessary to help family farmers. Chancellor Hooker was a friend and unionize in order to do what they have Mr. EDWARDS. Will the Senator someone whom I have known for a yield for a question? spent their entire lives being trained to number of years. He was a man of vi- Mr. DORGAN. Yes. do, which is to provide the best pos- sion, enthusiasm, energy, brilliance, Mr. EDWARDS. I wonder if the Sen- sible medical care to their patients. and he had an extraordinary love for ator has the same perception I do, Can the Senator imagine a more power- the State of North Carolina. being from the State of North Carolina. ful indication and symptom of the med- His passing is not only a loss for The Senator and I both know that agri- ical crisis confronting this country those of us in the University of North culture and our family farmers are in today? Carolina family, but for all North Caro- desperate crisis, and they need help in Mr. DORGAN. I cannot. The Senator linians. By making a great university the worst kind of way. He and I are makes a point with his question. This better, Michael Hooker made a lasting committed to help them. I know that. is real trouble for a lot of patients, and contribution to our entire State. I have heard him talk about that sub- what we are trying to do and say is The truth is that his death was both ject in this Chamber. I feel very strong- health care is changing and patients a shock and a blow. Just yesterday he ly about that. ought to have rights. That is what our was at work in Chapel Hill. My question is about this Patients’ Patients’ Bill of Rights does. It empow- He was diagnosed this year with non- Bill of Rights issue. It seems to me ers patients and allows them to believe Hodgkin’s lymphoma and had been un- what we have—there has been a lot of that if they are covered with health dergoing treatments at the National discussion about the Democratic care through their HMO, there will be Cancer Institute in Maryland and also version and the Republican version—is some basic guarantees that just, pru- at the UNC Hospitals. an insurance company bill, on the one dent people expect would be there any- While he was up here, I had the pleas- hand, and a patients’ and doctors’ bill way but which we have now seen in re- ure of seeing him a few times. Not too on the other hand. Will the Senator cent years by some HMOs have system- long ago, I ran into him and his won- agree with that? atically been denied patients. derful wife Carmen, who is an extraor- Mr. DORGAN. I think that is correct. Let me make one final point. Not al- dinary woman, right outside the Sen- Mr. EDWARDS. Also, we have such ways, but too often health care treat- ate Chamber. He looked well and was extraordinary medical technology in ment has become a function of profit feeling optimistic at that time about this country. We have the most ad- and loss for some corporations. Look at his health. He did take a brief leave vanced medical treatment available in their executives. Find how much from his job for treatment of the dis- the world today. Can the Senator ex- money they are making in this indus- ease, but for most of the year, he was plain to us how that treatment and the try. Then they say: But we can’t afford hard at work. fact we are the most advanced medical to provide emergency room care for I cannot say how sad I felt to learn country in the world today does any- someone who is unconscious and pre- this morning the news that his cancer body any good if folks cannot get ac- sents himself on a gurney to emer- had grown worse and that it took him cess to it? Does the Senator have any gency room workers, or we can’t help at an early age—at the age of 53. My explanation for that? this young child with a facial deform- thoughts and prayers go out to Car- Mr. DORGAN. The Senator asks a ity which clearly needs attention. We men, his wonderful wife, and to their question that relates to the key com- can’t help a child in a wheelchair who children. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7795 Let me tell you, Mr. President, just a Mr. WELLSTONE. Let me just thank priations bill that will really help. This little more about Chancellor Hooker the Senator from North Carolina. Hav- amendment calls for this additional and what he has done for my State of ing been an undergraduate at the Uni- $6.5 billion in assistance. North Carolina. versity of North Carolina, having done Second point: I do not know what the He was the first person in his family my doctorate work there, having had press conference was about here in to get a college degree—a philosophy two children born in Chapel Hill, and Washington. I was back home with a degree from Chapel Hill in 1969. His fa- having known Chancellor Hooker, I am lot of farmers. There were a lot of peo- ther was a coal miner. He always cred- also very sorry to hear of his death—a ple from all around the State who came ited his parents’ belief in hard work very young man. It is really a loss for together for a gathering at the capital. and good education for his own success. North Carolina and the country. I ap- But I will tell you this. I hope that After graduation, he left North Caro- preciate the Senator’s eloquence. some of the folks who held the press lina to get a graduate degree and to There are other Senators on the conference also talked about how we enter the world of academics. He floor, so I am going to try to be brief can make sure that family farms have taught philosophy at Harvard. He was and take only an hour or so—less than a future several years from now. I president of Bennington College and that, much less than that. think we have to speak the truth. And also president of the University of Mas- f the truth of the matter is, this Free- sachusetts system. He was president of dom to Farm bill of 1996 is a freedom to the University of Maryland at Balti- THE FARM CRISIS fail bill. more County. Mr. WELLSTONE. Mr. President, The fundamental crisis is a crisis of He returned to North Carolina in first of all, coming from an agricul- price. Right now our corn growers get July of 1995 to become UNC’s eighth tural State, I just want to, as I think $1.75 at the local elevator; our wheat chancellor. And he really attacked the Richard Nixon would say, make one growers get $3.13 for wheat. This is no- job. One year he visited every single thing ‘‘perfectly clear’’ about agri- where near the cost of production. county in North Carolina—and we have culture. They cannot cash flow. They cannot 100 counties in North Carolina—to Senator DORGAN is right on the mark make a living. Unless we fix this free- make sure that every person in the when he makes the point. It is sort of dom to fail bill and we go back to some State knew they were connected with an inside thing, but it is very impor- sort of leverage for farmers in the mar- their university. Then he made sure tant to the outsiders, especially to ketplace, some kind of safety net that the faculty and administration at farmers, and not just to farmers but to which will give them a decent income, UNC were connected to the State. He those of us who come from farm States. some sort of price stability, our family once took the new faculty and adminis- If yesterday the majority leader had farmers do not have any future. That is trators from other States on a week- been successful on the cloture vote, we what this is all about. long bus tour of North Carolina. would not have been able to bring this I am not interested in semantics. If The truth of the matter is that men amendment to the floor on this ag bill people want to say, I am still for the like Michael Hooker have long lists of that calls for an additional $6.5 billion Freedom to Farm bill, I don’t care. But accomplishments. They serve on many of assistance. I will say this. The flexibility in that blue ribbon panels; they get lots of Let me just say that this ag appro- legislation to farm a whole lot of dif- honorary degrees; they write great priations bill that just funds existing ferent crops does not do any good if scholarly pieces; they are placed on USDA programs will not do the job. there are record low prices for all of many ‘‘best of’’ lists. I could go Let me also say, in my State of Min- them. So let’s get the assistance to through a great deal of these with re- nesota, and I will not talk about a lot people so they can survive. But let’s get beyond the short run, spect to Chancellor Hooker, because he of statistics that I could talk about and let’s be honest with one another. accomplished all of those things. farm income having dropped 40 percent Let’s fix that Freedom to Farm, or But in the end, I think Michael over the last several years. I could talk freedom to fail, bill, and let’s make Hooker himself valued people most. I about this last decade where farmers sure there is some price stability and believe he would like to be remembered have been wondering why they see a 35- for all of the things he did to make there is some farm income out there; percent drop in price, and yet the con- otherwise, our family farmers have no people’s lives better. He understood the sumer price goes up while the farm-re- need for education, not only because it future. tail spread grows wider and wider be- Finally, if there was a press con- expands men’s and women’s minds but tween what farmers make and con- ference yesterday, I sure as heck hope because it makes our society better, sumers pay. We want to know what is there was some focus on the distortions stronger, more prosperous, and more going on. Let me just tell you, in my in the market. I would like to join all equitable. He was an extraordinary and State there are a lot of broken lives my Republican colleagues in calling for wonderful man. and a lot of broken dreams and a lot of putting free enterprise back into the He said it best himself, if I could just broken families. food industry. I would like to join with quote him: Let me also just simply say that all of my Republican colleagues in There is only one reason to have a public time is not neutral; time moves on. We being a true Adam Smith apostle and university, and that is to serve the people of are confronted with the fierce urgency calling for a market economy. I would the state. That should be the touchstone of of now. If we do not get this additional everything we do: whether it’s in the inter- like to join with all my Republican col- est of North Carolina and our citizens. Our assistance to farmers, much of it di- leagues, in other words, in calling for litmus test is the question: Is what we do in rectly related to income loss because of some antitrust action. Chapel Hill helping the factory worker in record low prices, then a lot of farmers How in the world can our family Kannapolis? are not going to be able to live to farm farmers make it when you have four The best tribute we can give him is another day. large firms, the packers dominating all the good works performed in the fu- We have to get this assistance to the livestock farmers, the grain com- ture by those who were touched by him farmers. It has to be in this ag appro- panies dominating the grain farmers? and his life. Chancellor Hooker was an priations bill. I will tell you some- There has to be some fair competition. extraordinary man. He will be missed thing. I do not even like coming out Everywhere our family farmers turn, by me, he will be missed by every sin- here and fighting for additional bailout whether it is from whom they buy or to gle citizen in North Carolina, and he for farmers or additional credit assist- whom they sell, we do not have the will be missed by all those who knew ance, because most of the farmers in competition. him. North Carolina and Minnesota, and Let’s really be on the side of these With that, I yield the floor, Mr. around the country, are not interested family farmers and insist on some com- President. in bailout money. They are interested petition. Let’s have the courage to Mr. WELLSTONE addressed the in being able to get a decent price. take on some of these conglomerates Chair. That’s what they are interested in. that have muscled their way to the The PRESIDING OFFICER. The Sen- Let me go on. Let me say, again, this dinner table exercising their raw polit- ator from Minnesota. appropriations bill will be an appro- ical power over our producers and over S7796 CONGRESSIONAL RECORD — SENATE June 29, 1999 our consumers, and, I say to the Chair, The right to privacy is relevant for such an important question. That is who is my friend, I think over the tax- the potential for genetic map research, what last week was about. That is what payers as well. for testing, and, for that matter, treat- the beginning of this week is about. So I am all for a focus on family ment, for maybe even finding cures for I hope there will soon be an agree- farmers. This is a crisis all in capital diseases. There are a lot of people who ment. I hope there will soon be a de- letters. I hope we will have some ac- are not going to want to be a part of it, bate. My hope is that before it is all tion. But I want to make it crystal and there are a lot of people who are over, we can pass a good piece of legis- clear, I think these are the issues that going to worry about that information lation that will not be an insurance are at stake. if we don’t have the privacy rights. company protection act but will be a f Conclusion: The pendulum has swung consumer or patient protection act. PATIENTS’ BILL OF RIGHTS too far. I think we should be talking I yield the floor. about universal health care coverage as Mrs. BOXER addressed the Chair. Mr. WELLSTONE. Mr. President, I well, and we will. At the moment, here The PRESIDING OFFICER. The Sen- also want to make it crystal clear that is what we are faced with. ator from California. I have been proud to join with my In the last several years, since we Mrs. BOXER. Mr. President, I thank Democratic colleagues out here on the were stalemated on every kind of the Senator from Minnesota. Before he floor; and the sooner we have Repub- major national health insurance legis- leaves the floor, I say to my friend that lican colleagues joining us, the better. lation or universal health care cov- he pointed out we have been talking We have been focusing on the impor- erage bill, major changes have taken about this for a week solid. I came tance of patient protection legislation. place in health care, not here in Wash- down to the floor today to talk about Protection of medical records privacy ington but in the country. They have how we have been fighting this for over is very important to the American peo- been revolutionary in their impact on 2 years. We have increased and we have ple. I hope we will have an opportunity people. The pendulum has swung too escalated the debate in the last week, to debate the Patients’ Bill of Rights far. We have now moved toward an in- but I asked my staff to go through my because I want to offer an amendment creasingly bureaucratized, corporat- earliest talks on this subject. for segregation of records. The right to ized, impersonal medicine where the Mr. WELLSTONE. Will the Senator privacy is deeply rooted in American bottom line has become the only line, yield? culture. American citizens expect that where you have a few large insurance Mrs. BOXER. Yes. we will continue that tradition. companies that own and dominate the PRIVILEGE OF THE FLOOR This amendment allows a person to majority of the managed care plans to segregate any type or amount of pro- Mr. WELLSTONE. Mr. President, I tected health information, and limit the point where consumers, ordinary ask unanimous consent that Tiffany the use or disclosure of the segregated people, the people we represent want to Stedman, who is an intern, and Carol health information to those people spe- know where they fit in. Right now they Rest-Mincberg, who is a fellow, be cifically designated by the person. I don’t believe they fit in at all. granted the privilege of the floor So without going into all the spe- want to just give one more example today. cifics, because we have been talking and, in this small example, tell a larger The PRESIDING OFFICER. Without story. about this for a week, what people in objection, it is so ordered. It would allow a person, any of us, to the country have been saying is, if you Mrs. BOXER. I know we are running take some of the particular private want to do a good job of representing short of time so I will be glad to yield health information, and make sure it is us, please make sure we have some pro- to my colleagues for questions. not a part of a total record by seg- tection for ourselves and our children On January 28, 1998, I came to the menting it off and preserving privacy. to make sure we will be able to get the floor and talked about the case in my We are getting more and more worried care we need and deserve. That is what State of a gentleman named Harry about genetic testing. For example, if we hear from the patients. That is Christie who had a very poignant story you are talking about a woman who what we hear from the consumers. to tell me about his daughter who, has genetic testing for breast cancer, What we hear from the providers, the when she was 9 years old, was diag- she may fear the results if she thinks care givers, is, Senators, we are no nosed with a very malignant and dan- the life insurance companies are going longer able to practice the kind of gerous tumor in her kidney. It was ex- to get ahold of this information or em- medical care we thought we would be plained to Mr. Christie that there were ployers are going to get ahold of this able to practice when we went to med- only a couple of surgeons who knew information. She might not want to ical school or nursing school. We have how to operate on this kind of a tumor, even be a part of this testing. become demoralized. Demoralized care and it would cost $50,000 for the oper- We want to protect the privacy givers are not good care givers. So we ation. rights of people. The same thing could have a lot of work to do to make sure He went to his HMO. He said to them: be said for people who are talking to we have families in our States getting Look, this is my flesh and blood, my their doctor about mental health prob- the health care they deserve. That is daughter. She means everything to me. lems or substance abuse problems. The what this debate is all about. I am assuming the HMO will allow me same can be said on a whole range of We have been trying for a week to to go out of the plan, get the specialist, other issues. get some commitment from the major- and then the HMO will pay the spe- There is the whole question of mak- ity party that we would have a sub- cialist. ing sure ordinary citizens have some stantive debate. That is the Senate. I They said: No, we have good privacy rights, some protection in hope that we will have an agreement. I oncologists on our staff. We have good terms of who gets to see their medical hope we can come back to this. I hope physicians, and they will handle it. records and who doesn’t, making sure we will have an agreement, and then I He said to them: Did they ever do it is not abused. I will give a perfect ex- hope we can have the substantive de- this kind of pediatric surgery? ample. I have never said this on the bate and Senators can bring amend- No, they had never done it in their floor, but I will to make a larger point, ments to the floor. lives. I had two parents with Parkinson’s dis- There are several amendments I am And Mr. Christie said: This is an im- ease. Research is now showing there is very interested in, and probably a num- possible situation, and I won’t accept probably some genetic predisposition. ber of other Senators have amend- this. As we move forward with this research, ments they are interested in. We will They said: Then too bad. You will I may want to be a part of whatever vote them up or down. We will all be have to pay for it yourself. kind of test or pilot project is put to- accountable. We will all do what we Well, that is exactly what he did. It gether by doctors. But maybe I think is right for the people in our was not easy. wouldn’t, if I thought there would be States. What about parents who can’t do no way that, whatever their research The point is, we are not going to ac- that? What happens to their child? suggested, that I wouldn’t have some cept not being able to come to the floor This is just one story. I told it Janu- right to ensure I had some protection. and fight for people we represent on ary 28, 1998. By the way, the end of the June 29, 1999 CONGRESSIONAL RECORD — SENATE S7797 story is that Carley is now 15 years old tween Democrats and Republicans on your life trying to save others’ lives, and her cancer is gone. She is a fan- giving patients and families across and now you can’t do it—a doctor in tastic young woman. America some rights when it comes to Highland Park, and a doctor in Texas. Mr. SCHUMER. Will the Senator dealing with these insurance compa- It goes on. yield? nies. The Republican leadership does I would be happy to yield to my Mrs. BOXER. Yes, I am happy to not want this debate. We think the friend. yield. American people do. We think that is Mr. EDWARDS. With respect to the Mr. SCHUMER. I would like to ask why we were elected—because families instance described by our distinguished the Senator a question because I have across America know there is real con- colleague, the Senator from Illinois, heard of so many similar instances. A cern when you take your child to the where obviously a catheterization young woman, a nurse on Long Island, hospital. would have saved this patient’s life, needed an orthopedic oncologist to re- I literally ran into a doctor from will the Senator from California ex- move a tumor from her leg. No, she Highland Park, IL, Sunday night who plain to the American public and to can’t have it. She couldn’t afford it. So told me a terrible situation that just our colleagues, No. 1, when they de- she went to a regular orthopedist, not happened to him a week before. He is a cided initially, no, we are not going to the oncological orthopedist, who took cardiologist. A woman came in to see pay for the care, and, therefore, they out the tumor. It grew back. She can him in his office on a Thursday com- could not get the test done, and a lot of hardly walk. Then she had to go to an plaining of chest pains. He was worried life-saving tests that needed to be oncological orthopedist and pay the and said: I want to get you into the done, what avenue or recourse does $40,000 herself because there was no hospital tomorrow morning for cath- that patient have? Is there anything other choice. eterization. It is a diagnostic process they can do under the circumstances So the Senator is right. She has to find out what was wrong with her under existing law if we don’t pass a fought for this for so long. heart. She said: Fine. He said: We will real Patients’ Bill of Rights? I just heard—parenthetically, it is do it tomorrow morning. Mrs. BOXER. We have to pass a Pa- sort of related, because one of the He called her insurance company. tients’ Bill of Rights, because, unless things that inspired some of us to join The insurance company said: No, we you are so wealthy that you can pick in this fight was what happened on don’t approve of the hospital where you up the tab and the cost for these very guns—for instance, that the majority want to send her. Let us call our hos- expensive procedures, you are just leader in the House has said they would pital under her insurance policy, and plain out of luck. We have said this a not appoint conferees at least until we will see when we can get her sched- number of times to our friends on the after July 4, which I consider truly uled. other side of the aisle. We have good outrageous. I will talk more about that They told that to the doctor on Fri- health insurance as Members of the later when we get time. I think it is so day. They never had a chance to sched- Senate. We really do. We are fortunate. wrong to not allow the will of the peo- ule it. She passed away on Sunday. We have the clout. We have good ple to happen. We are doing the same That was a decision made by the insur- health insurance. We are trying to thing on the Patients’ Bill of Rights. ance company not to let this woman go bring everybody up to our standards. We just want to debate and let people to a hospital on a Friday morning to Mr. DURBIN. If I can ask the Sen- vote on what is important. get the catheterization. They did not ator, isn’t it true that, as Senator ED- I ask the Senator, is this the only understand her problem. WARDS of North Carolina just said, the Is this not what this debate is all case she has heard of in this situation, example I gave where the lady didn’t about? or do you hear, when you go around get the catheterization and passed Mrs. BOXER. It is exactly what this away—if her family hears of this and your State, as I go around mine, hun- debate is all about. dreds of cases where people are denied I want to talk about another case they are upset and want to go to court treatment that the doctors feel they that I brought up about a year or two and believe there has been medical need? They sit there in anguish. ago, also a doctor with a similar story malpractice and negligence—the only Mrs. BOXER. Yes. in Texas. He came to testify before the exposure and the only thing they can Mr. SCHUMER. They almost go into Democratic Policy Committee. This sue the insurance company for is the complete debt to get the operation or was in Texas. This doctor was assigned cost of the catheterization, or for the get an inferior product. to work in the emergency room. A gen- procedure? That is it under the law. Mrs. BOXER. Yes. My friend is ex- tleman comes in with terribly high And that our bill says health insurance actly right. blood pressure. They checked him into companies, as every other company in First of all, I think his point about a room, and they monitored his blood America, will be held accountable for the House putting off any action on the pressure. It could not be controlled by their actions. If they are guilty of neg- juvenile justice bill that deals with medication. They were giving him a lot ligence, they can be held accountable. making sure we keep guns out of the of medicine that didn’t work. The doc- But under current law, a law being pro- hands of children and criminals is an tor called the HMO and said: We need tected by the Republican bill, the pa- outrage. When they tried to put this to keep this patient overnight. I am tients will not have that right of recov- bill forward, we pointed out it was real- very fearful he will have a stroke. ery. ly a sham. Now we have the same thing Bottom line: The HMO says: You con- Is that not the fact? in the Senate. trol it by drugs. He says: I can’t. Mrs. BOXER. That is the most in- I think the Senator from North Caro- He has to now tell the patient that credible thing about this. As I said, in lina was speaking before and we were the HMO won’t cover this, and he says many of these cases, the doctor can be talking. He points out that it is not a to his patient: Pay for that out of your sued if he is working and he is con- question anymore of the Republican own pocket; I will fight for your right tracting with the plan and not an em- bill or the Democratic bill. He said to be reimbursed. ployee. The doctor can be sued—a doc- that we ought to just say it is about a The patient said: How much will it tor who is trying to fight for the pa- bill that is supported by patients and be? Five thousand dollars. I can’t do it, tient—but not the HMO. doctors versus a bill that is supported says the man, I am sure the HMO Mr. EDWARDS. If the Senator will by insurance companies. We under- wouldn’t hurt me. yield for one other question, with re- stand on this side of the aisle that it is P.S.—you know the story. The gen- spect to what my distinguished col- supported by patients and doctors. tleman had a stroke, and he is totally league from Illinois just pointed out, it Mr. DURBIN. If the Senator will paralyzed on one side. is my understanding that under exist- yield, I would like to ask a question of The irony of all ironies about this is ing law we have this very privileged her. I think it is important to remind that under current law the doctor can group of insurance companies—very those who are following this debate be sued but not the HMO that actually wealthy insurance companies—that are why we are here. We are here trying to made the decision. singled out in American life as not bring this issue to the floor of the Sen- Isn’t there any wonder that doctors being held accountable for what they ate. We want there to be a debate be- are joining with patients? You spend do. You and I can be held accountable. S7798 CONGRESSIONAL RECORD — SENATE June 29, 1999 Everybody in our State of North Caro- Group had. A woman from an HMO can be held accountable. They can be lina, and Illinois, New York, and Cali- spoke. By the way, she was afraid to held responsible. They can be held re- fornia, can be held accountable. Every show her face. She was on a satellite sponsible in a court of law. other business, small and large, can be television hookup with her face cov- Those two things together—a truly held accountable. But the health insur- ered and her voice was disguised be- independent review, done swiftly so re- ance industry is special. It is different. cause she was a whistleblower. versals can occur, combined and work- It is better than the rest of us. It can’t In the course of her testimony, she ing in concert with arbitrary, money- be held responsible. said something that made my skin driven decisions where if some child is I want to know how the Senator from crawl. I wonder if my friends feel the severely injured as a result, they can California would respond to a family, same. We kept asking questions about be held accountable. or to our children who we are trying on patients. We said: What happened when I wonder if the distinguished Senator a daily basis to teach about personal a patient came in and had heart symp- would comment on whether she be- responsibility, personal accountability, toms? How was it handled? Who made lieves those two things, working to- something that all of us believe in the decision? gether, create a tremendous incentive deeply, how do we explain that we have In the course of describing the pa- that does not presently exist for HMOs singled out this very well-to-do indus- tient, she said: This unit was a case we and health insurance companies to do try for privileged treatment, and, in felt we had to look at. the right thing to start with, so we fact, unlike our children, unlike our I said: What did you say? never get to an independent review families, we are not going to hold them She said: This unit. board, we never get to a court of law; responsible or accountable? I said: What do you mean, this instead, insurance companies and Mrs. BOXER. I think the Senator has ‘‘unit″? HMOs are doing the right thing, not made a very good point. If we believe That is how we refer to clients. making arbitrary decisions, doing what that each of us should be responsible I said: You mean patients? the treating doctors are advising needs for our actions and our deeds, the cur- She said: Yes, we refer to patients or to be done in the very first instance rent law certainly undermines that. It clients as units. when it is most important and could do is unfathomable to me. As the Senator I had this sense there was no human- the most good. from Illinois has pointed out in an- ity left. It is all about ‘‘units.’’ It is all Mrs. BOXER. I thank my friend from other debate, the only people in our about dollars. It is all about the bot- North Carolina for articulating two country today who are truly exempted tom line. It is all about profit. It is not areas of our Patients’ Bill of Rights from any kind of accountability—you about serving. That is why doctors are which are so important: The right to can’t go after them—is a foreign dip- saying this is against their Hippocratic independent review if a patient feels lomat and an HMO. Something is oath: Do no harm, help people. the HMO made a mistake, and the abil- wrong with that. Now they are doing harm. They are ity to hold HMOs accountable if they Mr. SCHUMER. I was going to ask in situations where they have predicted do the wrong thing. the Senator another question related patients could die if they didn’t get the By the way, the opposition from the to one of the other problems we face; treatment, and the HMO didn’t give other side is misleading because all we that is, even before they get the right the treatment. do is say if States choose to hold HMOs to sue, there is an appeal. I want to hear from my friends as we accountable, they can. We don’t dictate Let us say, as in the case that the go back and forth on this question. the law on the right to sue. It is up to Senator from Illinois brought up and I yield to the Senator from North the States. However, we lift the im- the unfortunate death that occurred, Carolina. pediment to holding them responsible. the doctor said that she needed cath- Mr. EDWARDS. I was thinking about I think it is important to note that eterization, and it is denied by the in- the comments from the Senator from we in America have the safest products surance company. The only type of ap- Illinois, the comments from the Sen- in the world, even though every once in peal that is required by law is an inter- ator from New York, and the com- a while there is a horrible example of nal review. I want to know if that is re- ments made about the health insurance something monetarily wrong. The rea- quired—that the only appeal that executive accounting, talking about son is, we hold companies accountable would be required would be an internal human beings as ‘‘units.’’ if they make an unsafe product that review. I did understand the Senator cor- could explode and harm a child. Most I ask the Senator a question, and rectly? of the time we don’t have any problem that is this: Wouldn’t it be much fairer Mrs. BOXER. Units, U-N-I-T-S. because we have a very clear precedent if it at least were mandated that there Mr. EDWARDS. Units. Not human in law that says if you don’t take into be some external, impartial review so beings but units. account what your product can do to a that in instances over and over again Under existing law, health insurance human being, and they get hurt, you where inadequate health care maybe companies have proven time and time will pay a price. For HMOs, we don’t do would be provided before the stroke oc- again they are motivated by one thing, that. The irony is that they are dealing curs—as in the case related by the Sen- and that one thing is the dollar bill. with life and death decisions every day ator from California, and the unfortu- Profit is the bottom line. and they are making wrong decisions. nate death that occurred—some out- We have talked about doing two My friend is right on those two as- side, independent reviewer gets to say, things in a patients’ bill—not in an in- pects of our Patients’ Bill of Rights, hey, that actuary didn’t quite make surance industry bill. Since money working together. the correct medical decision; I agree seems to be what motivates these Mr. WELLSTONE. I follow up on with the doctor? folks, we will do two things. what the Senator from North Carolina Mrs. BOXER. My friend is right on No. 1, as the distinguished Senator said. point. It is another aspect of our Pa- from New York mentioned, we will cre- Five years ago I introduced a bill on tients’ Bill of Rights where you have a ate an independent body that can over- patient protection. This matter has truly independent outside review so the see the insurance industry, the HMO. been going on for a while. There is an people who are looking at the actions When they make arbitrary decisions, issue that defines ‘‘medical necessity,’’ of the HMO are not part of the initial when they decide even though it is another issue the Senator from North decision. On the other side of the aisle, clear a patient or child desperately Carolina raised about an external inde- they have an appeals process where es- needs a treatment or a test and that pendent appeals process, another issue sentially the HMO says who the out- was an arbitrary decision, they can get on ‘‘point-of-service’’ option—making side reviewers are. That is not really a quick reversal from that truly inde- sure the families have a choice, and an outside review. pendent board. That is one thing. they don’t now have when the em- I want to say to all of my friends who In addition to that, we also say ployer shifts from one insurer to an- have been so good on this issue I had health insurance companies and HMOs, other. such a transforming event 2 years ago as every other segment of American so- There are two bills on the floor. Peo- at a hearing the Democratic Policy ciety, will be treated the same. They ple in the country have become more June 29, 1999 CONGRESSIONAL RECORD — SENATE S7799 and more disillusioned with the poli- employers; it is fine if they have to pay values. But we have found, starting tics that they think is dominated by extra or if they have to do these about 6 years ago, that the teachers in money and special interests. things. our public schools have been yearning Does the Senator from California However, the only consistent pattern for something they would like to teach agree people want to see a piece of leg- if you look at the coverage, this is not our children that for some reason had islation passed that has some teeth in a patients’ protection bill; this is an in- been eliminated from both the public it, that will make a difference and pro- surance industry protection bill. and private school agenda. It is some- vide some protection? I yield to the Senator for her com- times referred to as character edu- My question is, Do the Senators ments. cation. think this patient protection legisla- Mrs. BOXER. It perplexes me that I chose to call it ‘‘Character Counts’’ tion, what we are trying to do, is a test my friends on the other side have a bill and I chose to speak about a specific case as to whether or not the Senate that doesn’t cover everyone. program that is being used in many belongs to the insurance companies, or It perplexes me it is called the Pa- public schools in our country, and cer- whether or not the Senate belongs to tients’ Bill of Rights. As my friend tainly in my State of New Mexico, the people in this country? points out, if you look at the dif- whereby the teachers take six pillars of Is that too stark a contrast, or does ferences, whether it is the appeals character and they embrace those it ultimately boil down to that core process—and my friend last week came within the classroom—on a day-by-day question? to the floor and pointed out that under basis, not as a special class. But let me Mrs. BOXER. I think the Senator has the Republican proposal it doesn’t look just mention a few of the Character put his finger on it exactly right. as if there is an outside entity looking Counts traits that are part of this pro- Who is supporting our Patients’ Bill over the HMO decision but, rather, gram and used in many schools. of Rights? It is every patient advocacy someone essentially selected by the Let’s start with the first one. It is trustworthiness. In some public schools group, every provider who has an orga- HMO itself. and private schools, especially in the nization, including the nurses and the I thank my friend for yielding. grade schools, for one entire month, doctors. And who is on the other side? f The insurance companies. the school would promote the idea of What do we have? Two bills. The bill ORDER OF PROCEDURE trustworthiness by students and teach- on our side is supported by these advo- The PRESIDING OFFICER (Mr. ers, who have lesson plans and pro- cacy groups and doctors; the other is CRAPO). Under the previous order, the grams that articulate what trust- supported by the insurance companies. time from now until 4:15 shall be under worthiness is. They use this with the My friend is right. People are getting the control of the majority leader or students, and they from time to time so upset that this place seems domi- his designee. engage in discussions, engage in activi- nated by the special interests. The Senator from New Mexico is rec- ties around the school that epitomize I yield the remaining time to my ognized. trustworthiness. I think we all under- stand trustworthiness is one of those friend from Rhode Island. f Mr. REED. I thank the Senator from characteristics and qualities of char- California. NATIONAL CHARACTER COUNTS acter that says you should not lie. It Let me follow up and perhaps engage WEEK says if you agree with somebody to do in a brief dialog. I think the Senator Mr. DOMENICI. On behalf of the something, you should live up to your from Minnesota made a good point leader, I ask unanimous consent the agreement. Trustworthiness has a about the heart of the Republican leg- Senate now proceed to the immediate quality of loyalty to it. Then maybe the next month, one of islation. The most telling point, in my consideration of Calendar No. 148, S. the other six pillars would be discussed view, is the coverage. It simply covers Res. 98. and woven into the curriculum. The one-third of the eligible private-in- The PRESIDING OFFICER. The next month, it may very well be ‘‘re- sured individuals throughout the coun- clerk will report. spect.’’ The same kind of thing might try. The legislative assistant read as fol- happen during that month in some As I understand the legislation, it is lows: grade school in New Mexico or Idaho or aimed at those self-insurers. These are A resolution (S. Res. 98) designating the the State of Tennessee or the State of businesses that contract with HMOs week beginning October 17, 1999, and the Connecticut, where an awful lot of ac- simply to manage the health care of week beginning October 15, 2000, as ‘‘Na- tivity in Character Counts education is their employees, so the only people tional Character Counts Week.’’ taking place. who will directly be impacted by their There being no objection, the Senate Maybe the next month it might be legislation are those individuals who proceeded to consider the resolution. the third trait, which is ‘‘responsi- are essentially insured by their em- Mr. DOMENICI. Mr. President, the bility,’’ and then maybe the next would ployers directly through self-insurance. resolution I have just alluded to is a bi- be ‘‘fairness,’’ and ‘‘caring,’’ and ‘‘citi- Mrs. BOXER. That is correct. partisan resolution. A number of years zenship.’’ Mr. REED. In a sense, the only pro- ago we started this approach to char- I have been part of this now for a tections in the Republican bill are pro- acter education called Character number of years. It is a joy to visit tections for the insurance industry. Counts. Senator Nunn was the cospon- public schools, parochial schools, and They are completely without risk. All sor of a resolution that passed the Sen- other kinds of schools, and visit a class of their patients, all of the people they ate on innumerable occasions, perhaps and just talk to the young people about directly insure, where they directly as- as many as five times. It declares for the word of the month; to see the sume the risk, are exempt from cov- all of America that one week during teachers, how excited they are that for erage by this legislation. the year will be known as called Char- that month the children have been The Democratic bill covers all of acter Counts Week. talking about responsibility; they have those who are private-insured HMOs Frankly, from this Senator’s stand- been talking about that in terms of throughout the United States. If the point, we hear so much about what we their classmates, their teacher, their logic is these protections are good ought to do and what we can do to help responsibilities at home. enough and necessary enough for those our young people as they grow up in Then if you are lucky, you might in employer-sponsored self-insured this very difficult society and often choose to visit a school at the time plans, why aren’t they good enough, very difficult time. We all understand once a month when they are having an important enough, necessary enough, that there are many people who have assembly. During Character Counts as- for those who are direct insurers of primary responsibility for our children. semblies, schools bring all the students HMOs? We are not in any way talking about together, and they present awards to The answer, frankly, is that the leg- negating that primary responsibility, the students that month who were islation has been designed to protect that of relatives and grandparents and most responsible. One way of rein- the insurance companies from any ad- mothers and fathers and brothers and forcing the importance of good char- ditional risk. It is fine if we put it on sisters to help raise a child with good acter is to reward those who did more S7800 CONGRESSIONAL RECORD — SENATE June 29, 1999 things than anyone else that month to ligions values are to be taught in the gage us in a discourse and dialog about demonstrate ‘‘trustworthiness,’’ or ‘‘re- schools, for as soon as we do that, we character education and, in particular, sponsibility,’’ or ‘‘caring,’’ or ‘‘re- have to ask which ones are being left how Character Counts works in the spect,’’ or ‘‘citizenship.’’ out. And as soon as we do that, we places it is being tried. Actually, Character Counts and its begin to break down the wall of separa- There is not an organization that dic- Six Pillars are not the only character tion between church and State, which tates Character Counts for the Nation, education idea and program taking is such a formidable part of America as nor does it promote it nationwide. This place in our country. But it is one of it started under our forefathers and is an activity left up to localities. The the best. The resolution we have just continues today. only thing is, it is coordinated in our adopted resolves and proclaims the It is interesting. I have asked in country by an entity which came up week beginning October 17 of this year, many assemblies of adults whether with these six pillars, the Josephson and the week beginning October 15 in there was any objection in the commu- Institute of Ethics. That institute the year 2000, to be National Character nity—be it the community of Gallup, helps provide materials and the know- Counts Week. We request that the NM, or Clovis, NM, or Las Cruces, NM, how for localities, schools, Boy Scouts, President issue a proclamation calling or Albuquerque, my home city—to athletic clubs and others to promote upon people and interested groups to these six pillars. If one thinks them these six pillars. But, it is up to the lo- embrace the six core elements of char- through, they are so fundamental and cality to do something about it. acter identified by the Aspen Declara- desperately needed that hardly anyone But today, we are going to adopt this tion, which are trustworthiness, re- can object to them. resolution celebrating Character spect, responsibility, fairness, caring, I wish the Governors of our country— Counts in the hope of raising awareness and citizenship. That week the people and I am going to ask them, along with and encouraging states and localities in the country observe as National my good friend and chief cosponsor, to consider using this approach in their Character Counts Week, with appro- Senator DODD of Connecticut—might communities. priate ceremonies and activities. adopt this in their States. I want to I note the presence on the floor of my There are many Senators who have work with the Governors to move to- cosponsor who has done a wonderful already joined in this effort from both gether with the public institutions of job in his State, and also speaks about sides of the aisle. Some are very active education and the private institutions Character Counts and the six pillars in in their home States, and some are not. of education to begin a broader-based various places in this country. He has But I can say to any Senator who promotion of Character Counts in more had a significant degree of success. The would be interested, there is a format States. way it is run in his State is different which is very simple and at the same Frankly, a number of our Senators than our State, but, nonetheless, the time very effective and profound, have been involved in the past. Senator six pillars are becoming prominent. where a Senator or any elected official DODD has brought this idea to his These six pillars are becoming promi- can get together with the super- State, and Senator LIEBERMAN works nent in the education of young people. intendent of schools and others and with him. Senator FRIST of Tennessee We might never have thought we could talk about joint sponsorship of Char- has had great success in getting it include them, but in the backs of our acter Counts in that particular public started, and now it is multiplying in minds we always thought they must be school. If the board of that school con- his State. I have had a rather phe- used. dones it and says it is a good idea, then nomenal success in New Mexico. In my How can we raise children without it is all a question of leadership and small State, over 200,000 young people, responsibility, without caring and re- who wants to pursue it and push Char- one way or another in classrooms spect being meaningful to them? acter Counts. So when graduation at a across our State, are learning and liv- I am very pleased to be part of this Character Counts school occurs, you ing these six words, these six pillars of again this year. Like I said, I am going can attend and you can see what the 9 character, as part of their 9 months of to try to be a little more effective in months of character education have education. It is having a profound ef- expanding Character Counts to a few done. At schools where arithmetic was fect. more places with the help of my col- taught, grammar was taught, reading On the other hand, there are cynics. league, Senator DODD. As I said in Sen- was taught, all of a sudden the young They ask: How do you know? Are you ator DODD’s absence, we are going to kids also know something about these sure? ask Governors to take the lead. We will six pillars of character. We do not know for sure, although we join them and get the Josephson Insti- Frankly, people ask what has gone are beginning to get some objective tute and any others that are involved wrong with our country and what analysis that seems to indicate that in character education and move it should we do about it. some of the things going wrong in the ahead so that many States will be like I am no prophet, and I am not one schools before are not going wrong Senator DODD’s and mine where it will who thinks he knows all the answers, when the six pillars of character are be flourishing among young kids. but I say what is missing in the United utilized, are popular and preeminent Mr. President, I say again, today, for States more now than 20 or 30 years and where the children are partici- the sixth consecutive year, we will ago is character. The old Greek phi- pating in building their character adopt a resolution designating the losophers talked about character. I around them. third week of October as National think it was Plato who said a country I believe we are better off trying Character Counts Week. Once again, without character is a country that character education than not. If I had this resolution has received over- cannot exist for long, and that for a to guess what might change things, I whelming bipartisan support with 57 country to have character, the people would say if the young people in our cosponsors. Through this measure, this in the country must have character. country can build individually and col- body—the United States Senate— What we are speaking of is our little lectively into their daily lives the six pledges its support and encouragement mission and our part in trying to pillars of character celebrated in this of character education and training by change the quality of lives of young resolution, so they feel part and parcel setting aside one week for a celebra- people by letting them know that some and immersed in the ideas of respect, tion. Yes, National Character Counts things are better than other things, trustworthiness, caring, and the other Week, October 17–23, 1999 and October there are some things that are right three pillars I have mentioned here- 15–21, 2000 will be an opportunity for and some things that are wrong. tofore, we have a better chance of ef- schools, communities, and youth orga- Nobody seems to object across this fecting some change for the positive nizations all over America to celebrate land to these six pillars, these six than almost anything else we can do. the ideals of good character and honor words. It used to be whenever one I am going to do my share to keep those who have worked so hard talked about behavior and said values, this going in my State. I am also going throughout the year to promote values people would wonder, whose values? to join Senator DODD in meeting at the such as trustworthiness, caring, fair- In our America, under our Constitu- next opportunity with the Governors in ness, respect, responsibility, and citi- tion, we surely cannot decide which re- a bipartisan way to see if they will en- zenship. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7801 I believe it is time to reclaim the im- him for his leadership on this issue. We respectful citizen. You can add other portance of these values in our daily have worked on this issue together, words, as I said. lives. Many Americans, I regret, have along with several of our colleagues for Regrettably, today, for a lot of rea- become too cynical about the role of the last 5 or 6 years. sons which we do not need to go into character in modern society. For too It all began because the Senator from this afternoon, young people are enter- long, we have declined to discuss fun- New Mexico discovered this program ing a school system not having learned damental moral principles in our and brought it to the attention of the these basic values. It has nothing to do schools for fear of offending someone Senate and asked a group of his col- with economics. It has nothing to do or imposing our beliefs. However, we leagues if we wanted to get involved in with race or religion. nearly forgot that this nation was this idea of Character Counts. I can show you communities in my founded upon basic values. These val- I will not go through the long history State that are some of the most afflu- ues have bound our citizens together of it, but one can imagine how provoca- ent in the country where children are and sustained them through wars, de- tive a meeting it was in Aspen, CO, entering a school system without these pressions and other adversities. Indeed, when educators, child psychologists, values. I can also take you to some of it is our belief in these core values that and Lord knows who else, gathered to- the poorest neighborhoods in my State continues to make the United States a gether—quite a group of people—to try and show you where children are enter- beacon of hope and opportunity to peo- to come to some conclusion about six ing school with these values. I could ple around the globe. pillars of character. Apparently the de- also show you children out of those The ‘‘Six Pillars of Character’’ con- bate went on for some time on which communities who do not have those cept reflects these core values. They pillars they could agree on. They fi- values. are the building blocks to helping our nally settled on respect, responsibility, So it was decided a number of years children recognize the difference be- trustworthiness, caring, loyalty, hon- ago we ought to try to weave into the tween right and wrong, and they de- esty, and fairness. educational process the teaching of serve a place in our schools alongside This is not an all-inclusive list. these values, and to do so in a way that lessons in math and reading. Although There may be other ideas. There may would not confront, if you will, the parents do bear ultimate responsibility be synonyms for each of these words agenda that a teacher, a school system, for teaching children the value of that others find more acceptable to has on a daily basis, but to weave it human dignity and character, we, as a their particular community. into the seamless garment of a stu- community, have a duty to support The point is not to be rigid about the dent’s daily life. these messages outside the home. To words or rigid about how to best pro- So instead of having, say, 15 minutes that end, Senator DODD and I are ex- mote these values among our young at the outset of the school day in ploring ways to expand the role of people. What is important is that there which the principal comes on the loud- character education in schools and be community efforts, efforts at the speaker and says: We are now going to after-school programs, and we urge our neighborhood level to promote the idea talk about trustworthiness for 15 min- colleagues to join us. I can assure the of strong values in our young people, utes—and if any of us here recall those Senate, character education programs not only young people but young kinds of discussions growing up as chil- have been phenomenally well received adults and adults as well. dren, we all know what happened: We in school systems throughout the coun- One of the beauties of this program is yawned; we fell asleep; no one paid try. it does not focus just on the children in much attention; we hardly remember In my own State of New Mexico, the schoolroom. But when the issue of what the principal had to say—what teachers have told me they finally feel trustworthiness is raised as an issue Character Counts says is, we are not empowered to discuss what it means to that the school is going to focus on for going to do it that way; we are going to be a good citizen and a good person a particular period of time—a day, a take the word ‘‘trustworthiness,’’ or with their students, and they love it. week, a month—everybody in the ‘‘loyalty,’’ or ‘‘respect,’’ or ‘‘citizen- Schools across the state have walls school is involved with the issue of ship,’’ and we are going to ask you to covered with posters on what ‘‘respon- trustworthiness. The administrators, weave it into the daily life of a stu- sibility’’ means, and students who dem- the teachers, the coaches, the faculty dent—not for a day or a week, but for onstrate outstanding acts of caring, for advisers, as well as the students, share a month. example, are celebrated at pep rallies. in coming to a better understanding of That is what we have done in Con- These simple lessons are taking root how that particular value can be en- necticut—a month. So from the begin- among our children, and they must be hanced and understood and promul- ning of the day, whether it is math encouraged. gated within the community. class or science class or whether the I am not suggesting that character This has been a tremendously suc- student is going to band or working on education is the magic elixir that will cessful program. In my State of Con- the school newspaper, or showing up on prevent tragedies like the Columbine necticut, there are now some 10,000 the athletic field—whatever the activ- High School shooting from happening, young people who have gone through a ity is—that school tries to take one of but it’s a start. We, as a society, need Character Counts Program. I do not those pillars and make it a part of that to tell our children that lying is not know the exact numbers in my col- teaching experience, for the full pro- acceptable, under any circumstance. league’s State of New Mexico, but it is gram, in a sense, to weave it into it so Stealing cannot be allowed. Breaking easily that or more. We are small that everybody in school, for that pe- the law will not be tolerated. We also States. We are not large States. But it riod of time—in our case, a month— need to reinforce positive values, and is a good indication of how successful works on that word—‘‘respect,’’ ‘‘trust- programs like Character Counts do just this program has been. It has expanded worthiness.’’ What does it mean? What that. I applaud the Senate for passing primarily as a result of word of mouth, is the absence of it? How do you be- this resolution designating a National good reputation, one teacher telling come more respectful, more trust- Character Counts Week for this year another teacher in another community worthy? What are examples when it and next, and I encourage my fellow how it works, one principal telling an- does not happen? It becomes, as I said, Senators to continue to work with me other principal how well it works. That part of the seamless garment of that to ensure that our children receive is why it has expanded as much as it educational experience. strong and consistent messages on the has in my State of Connecticut. I have to tell you, you may say: Well, essential values our society must em- Education, as we all know, is a cen- this sounds wonderful, Senator. It is a brace in order to succeed. tral activity in any child’s life. We nice idea. I wonder how it is working. This is Republican time, but I am teach them to walk, to talk, to read, It is working remarkably well. I can going to yield on Republican time to and to write. But one of the most im- tell you, on the basis of countless con- my colleague, Senator DODD. portant things that a child can learn is versations I have had with people all Mr. DODD. Mr. President, I thank my how to get along with others and to be across my State, they point to this colleague from New Mexico for yielding a part of the larger community, to be a particular effort as having had success to me. Far more important, I thank responsible, caring, loyal, honest, fair, in changing the culture of a school. I S7802 CONGRESSIONAL RECORD — SENATE June 29, 1999 am telling you it has had a profound ef- with us and in some public relations ef- intendents and teachers on the six pil- fect not just on the students I men- forts, if you will, to raise the level of lars of character in Character Counts. tioned earlier but on the teachers, ad- awareness. It has been absolutely something that I ministrators, faculty, student advisers. We do not have a fixed idea in mind. just will never forget. They have all benefited as a result of My colleague mentioned Mr. Josephson I am quite confident that while it is weaving these Character Counts pro- and his program. It is a fine program. not the only answer, the elixir, to all of grams into their school life. There are others who have a different our problems, it is certainly a very We spent a lot of time over the last point of view on how best to make this positive thing going on in the lives of couple months after the tragedy of work. We have learned to respect what our young people. We ought to be proud Littleton, CO, talking about what we works in, say, a Native American com- of these efforts and certainly encour- might do to solve the problem. Without munity in the Southwest or a highly age Character Counts, where we can. belaboring the point, we sort of resort ethnic community in my State of Con- I would say to the Senate, if any of to our old bromides. We have one group necticut where you may have dif- you get involved in Character Counts, of us here that will convince you it is ferences on how you approach these it is very difficult for the schools to gun control that is the answer to the particular values. We let local commu- have success at the high school level, problem, and if we could just deal with nities and school districts and others but a lot of work is being done there. It gun control, we could solve the prob- try to sort out what size fits them best is among the grade school children lem. I happen to believe that is part of and how to make it work. where this program starts. As they the answer. We have others who say: That is what we want to support, we move through those years, when they Look, if we can clean up Hollywood, want to recognize, we want to bring at- have been exposed to character edu- the videos games, that is the answer to tention to. We want to promote and ex- cation for 4 or 5 years, there is a real the problem. I would not argue, there pand this. Again, we do not have any difference in how they perceive their is certainly an element that contrib- simple answers here for how you stop relationship to their teachers, to their utes to what happened. some of the problems we are seeing parents, and to their community. But frankly, what happened at that are becoming too frequent in our Mr. President, I understand that I Littleton, CO, did not happen all at society. have a number of minutes remaining once. The event did. But I suggest to But I stand here today and tell you under my control on the Republican you that what happened in Littleton, that if more communities would adopt side of this. CO, what happened in Arkansas, and a Character Counts program, if they The PRESIDING OFFICER. The Sen- Kentucky and Oregon, and other would at least try this—just try it; and ator has the remaining 15 minutes be- places, in my own State, isolated cases we can get you the information; we can tween now and 4:15. of violence began a long time before put you in touch with people who can Mr. DOMENICI. If there are any Re- the events. There was a breakdown at help you work through how to start it publican Senators who would like to home. There was a breakdown that oc- and get it going so you do not have to speak, they may certainly come and do curred weeks, months, years before, make it up on your own—then I prom- that now. I will yield the floor to them. that culminated in the tragic events of ise you, if you try this, if you really Mr. COCHRAN. Mr. President, on those days that we all remember with give it a chance, you can make a dif- May 6, 1999, I was pleased to join my such painful clarity. ference not only in your school’s life friend, the distinguished Senator from What Character Counts does here is, but the individual lives of the people New Mexico, (Mr. DOMENICI), in intro- it tries to get at the source of the prob- who enter those institutions. ducing a Senate Resolution designating lem early to try to see if we can begin It need not be just elementary the third week in October, 1999 and 2000 to change the direction, to offer a foun- schools or middle schools. We have not as Character Counts Week. I am de- dation in basic values to students so tried it extensively, but I know of one lighted today that we are approving that you might change a young per- in my State at the high school level this legislation, just as we have ap- son’s ideas on how they relate to each where Character Counts has worked, proved similar legislation in the Sen- other—understanding differences, re- where the principal said: We’re going ate every year since 1994. specting differences, not having to feel to try it. And it made a difference at In 1993, the Josephson Institute of alienated because you are different, not that senior high school. Ethics convened a conference of making someone feel isolated and So many say: Kids are too old then. ethicists, educators and other leaders alone because maybe they are not a They are not too old. They are looking to examine the issue of character de- good athlete or a great student—maybe for some direction, some ideas they can velopment. The result of that con- their clothes are not the ones you hold on to and grasp as roadmaps on ference, held in Aspen Colorado, was would wear or I would wear; they may how to proceed with their lives. the Aspen Declaration on Character listen to music that you and I would I think the 2 weeks we have des- Education. not particularly find appealing—but to ignated—October 17 of this year and The elements of character described understand that each person is God’s October 15 of the year 2000—as National in the Aspen Declaration were: trust- creation and that if we can inculcate Character Counts Week bring us one worthiness, respect, responsibility, them with a basic sense of decency, of major step forward, bringing some fairness, caring, and citizenship. They understanding that they are part of a needed recognition to this very worth- are often referred to now as the Six larger community, as I said at the out- while program that has made such a Pillars of Character. set, learning to respect each other, to difference already in the lives of thou- Today, more than 300 member organi- trust each other, to be honest with sands of people all across our country. zations, including community groups, each other, then we can begin to Again, I commend my good friend schools and businesses are part of a na- change the kind of culture, in my view, and colleague from New Mexico for his tionwide Character Counts Coalition. that contributes to this growing sense distinguished leadership on this issue. These organizations sponsor programs of violence we too often see among our Mr. DOMENICI. I thank the Senator that emphasize the importance of good young people. very much. character traits in our society. Amer- I again thank my colleague from New The PRESIDING OFFICER (Mr. GOR- ican society is dependent on the Mexico. He is the leader on this issue. TON). The Senator from New Mexico. strength of the character of her citi- I am his blocking guard here. I get in- Mr. DOMENICI. I have been a Sen- zens. volved whenever he asks me to, be- ator for a long time. I have partici- Never have we seen a time in the life cause I am so committed to it and so pated in a number of events that made of our society that good character has believe in what he is trying to do. me feel very good about my work and been more important. Solid lessons in I think the idea of getting our Gov- about my community and the citizens character must be taught by parents ernors involved is a tremendous idea. of my State. But I do not believe there and families, schools, and religious We hope that every Governor in the has been anything as satisfying as to groups. country, if they are not already in- work with the communities in New A 1996 National School Boards Asso- volved in this, will be willing to join Mexico and school boards and super- ciation report on Character Education June 29, 1999 CONGRESSIONAL RECORD — SENATE S7803 in our schools showed a significant Whereas more than ever, children need THE ECONOMIC AGENDA trend toward adopting character edu- strong and constructive guidance from their Mr. DOMENICI. Mr. President, I cation programs in schools. families and their communities, including schools, youth organizations, religious insti- would like to speak a little about the Character Counts! suggests three President of the United States, his steps to teach young people for making tutions, and civic groups; Whereas the character of a nation is only staff and his renewed focus on the do- the decision to do the right thing: as strong as the character of its individual mestic and economic issues of this 1. Think about the welfare of all people citizens; country. likely to be affected by your actions and Whereas the public good is advanced when Across the land, it has been heralded make choices that avoid harm to and pro- young people are taught the importance of that the President is once again com- mote the well-being of others. good character, and that character counts in ing back to address economic issues 2. Demonstrate character by living up to personal relationships, in school, and in the and wants to become a part of the eco- all ethical principles of the Six Pillars of workplace; Character even when you must give up other nomic agenda. He wants to be involved Whereas scholars and educators agree that with what we are doing here in Con- things you want. people do not automatically develop good 3. If you cannot live up to one ethical prin- character and, therefore, conscientious ef- gress in our work on approving money ciple without giving up another, do the thing forts must be made by institutions and indi- for programs, talking about Medicare, that you sincerely believe will promote a viduals that influence youth to help young Social Security, and other things. I better society and should be done by all. people develop the essential traits and char- will say at the outset that it wasn’t too The National School Boards Associa- acteristics that comprise good character; many months ago that the President of tion report found that schools with Whereas although character development the United States was promoting a character education programs reported is, first and foremost, an obligation of fami- plan that was considerably different improvement in student leadership, lies, the efforts of faith communities, from what he is espousing today. It discipline, violence, vandalism, aca- schools, and youth, civic, and human service wasn’t long ago that you felt satisfied demic performance, attendance and organizations also play a very important role in supporting family efforts by fostering with saving only a portion of the So- drug and alcohol incidents. It also stat- and promoting good character; cial Security surplus and using the rest ed, ‘‘Ultimately, . . . character edu- Whereas the Senate encourages students, for your spending initiatives. Yet, as of cation may be a long-term investment teachers, parents, youth, and community today, the President’s plan has come as improvement and contribution lev- leaders to recognize the valuable role our the Republican way. We both say now els often increase over time.’’ youth play in the present and future of the that we should save 100 percent of the As we work to train our children United States and to recognize that char- money that belongs to the Social Secu- well, we must keep in mind that we are acter is an important part of that future; rity recipients of our country and we building the foundation for new genera- Whereas in July 1992, the Aspen Declara- should not let it be squandered on any- tions. The examples we set about how tion was written by an eminent group of edu- cators, youth leaders, and ethics scholars for thing else. we treat others, and what we accept in the purpose of articulating a coherent frame- This means that we are going to save social behavior will influence not only work for character education appropriate to the $1.8 trillion dollar Social Security our children, but all children. a diverse and pluralistic society; surplus over the next decade. In the In Mississippi, the Noxubee County Whereas the Aspen Declaration states, ‘‘Ef- Congressional plan, the only way that Competitive Community Program, the fective character education is based on core we can touch these funds is if they are Ocean Springs Chamber of Commerce, ethical values which form the foundation of needed to undertake substantive re- Kids With Character, and the Junior democratic society.’’; forms of Social Security to ensure that Auxiliary of Clinton are organizations Whereas the core ethical values identified the program works well for seniors. who have joined the Character Counts! by the Aspen Declaration constitute the 6 Nothing else. core elements of character; Coalition. They make specific commit- In order to guarantee such restraint, Whereas the 6 core elements of character we have developed a lockbox proposal— ments including: are trustworthiness, respect, responsibility, To integrate character education into new fairness, caring, and citizenship; I came up with the basic idea and Sen- and existing programs and to encourage Whereas the 6 core elements of character ator ABRAHAM has taken a lead in pro- young people and their parents to adopt and transcend cultural, religious, and socio- moting it. While the President’s model the Six Pillars. And, to participate in economic differences; lockbox is different from ours, at least CHARACTER COUNTS! Week. Whereas the Aspen Declaration states, we are speaking the same language— I congratulate them on their impor- ‘‘The character and conduct of our youth re- even the President is saying that we tant efforts and hope that this year flect the character and conduct of society; must make sure not to spend any of more groups and communities will be- therefore, every adult has the responsibility the Social Security surplus. That puts come involved in similar programs. to teach and model the core ethical values us on the same path. He is following us. Mr. DOMENICI. Mr. President, I ask and every social institution has the responsi- bility to promote the development of good We thank him for that and are pleased unanimous consent the resolution be character.’’; to have him on board. agreed to, the preamble be agreed to, Whereas the Senate encourages individuals However, now is the chance for him the motion to reconsider be laid upon and organizations, especially those who have to show his commitment to this prin- the table, and any statements relating an interest in the education and training of ciple. Up until now, we have faced op- to this resolution appear in the our youth, to adopt the 6 core elements of position on our lockbox bill, both in RECORD. character as intrinsic to the well-being of in- our budget resolution and on the Sen- The PRESIDING OFFICER. Without dividuals, communities, and society as a ate floor. I would remind you that we objection, it is so ordered. whole; and have not been able to vote on this pro- The resolution (S. Res. 98) was agreed Whereas the Senate encourages commu- posal here yet because the Democratic nities, especially schools and youth organi- to. zations, to integrate the 6 core elements of minority doesn’t want to let us vote on The preamble was agreed to. character into programs serving students our lockbox. We are going to ask them The resolution, with its preamble, and children: Now, therefore, be it another time, very soon, to give us an reads as follows: Resolved, That the Senate— opportunity to vote on it. This lockbox S. RES. 98 (1) proclaims the week beginning October has the name, Abraham-Domenici. It is Whereas young people will be the stewards 17, 1999, and the week beginning October 15, a real lockbox. of our communities, the United States, and 2000, as ‘‘National Character Counts Week’’; We are also joined by the distin- the world in critical times, and the present and guished junior Senator from Missouri and future well-being of our society requires (2) requests that the President issue a as our third cosponsor, Mr. ASHCROFT. an involved, caring citizenry with good char- proclamation calling upon the people of the We wish others would join. We wish acter; United States and interested groups to— Senators from the other side would Whereas concerns about the character (A) embrace the 6 core elements of char- join. Let us make sure that when we training of children have taken on a new acter identified by the Aspen Declaration, sense of urgency as violence by and against which are trustworthiness, respect, responsi- say to the seniors that we are putting youth threatens the physical and psycho- bility, fairness, caring, and citizenship; and their Social Security funds in a logical well-being of people of the United (B) observe the week with appropriate lockbox, that it is real and is the most States; ceremonies and activities. real one we can do. As a matter of fact, S7804 CONGRESSIONAL RECORD — SENATE June 29, 1999 our bill is so tough that the adminis- lated 15 year budget plans. I should say don’t believe this is the right way to do tration has opposed it on the basis that as an aside, we will not use 15 year things. it might put our Government in a budget numbers—we will not go beyond I look forward to a good, healthy de- straitjacket. They fear that it might ten years, regardless of what the Presi- bate. Normally, I would wonder wheth- cause some harm to our Government dent does. Ten-year estimates are long er the President is going to once again and to our country because we tied the enough—we will have almost a trillion- politicize the issue of Medicare so knot on our lockbox so tightly. dollar surplus beyond Social Security much so that it will turn out that we We do not agree. We think we need a during the coming decade. will not do anything, and we will all be tough lockbox to guarantee safety. Now, I have not seen the entire new frightened to death. But I actually be- However, the Administration should plan of the President, but I can tell you lieve that the President and Congress take comfort in the fact that the Office that is has some odd features. In the can work together. However, we do not of Management and Budget—the Presi- first five years, no one in America will endorse the President’s reliance on dent’s experts on budgetary matters— get any tax relief. The Government of trust fund accounting. Instead of forc- has just revised up their surplus projec- America will retain control of all the ing all the surpluses into some trust tions over the next decade in light of enormous projected surpluses. Tax re- fund or another, why don’t we give recent economic strength. As our econ- lief is relegated to the second five them back to the people who paid us? omy grows and new jobs are added, peo- years in the President’s plan. Maybe they could set up their own ple pay more in taxes. This means that That is not fair to the American trust funds. Maybe they could start once again, there is more revenue ex- working man or woman. Now certainly, their own savings plan. Maybe they pected in the year 2000 than we con- we will need to retain some of the pro- could put a little more into the kind of templated 3 months ago. This means jected surpluses to put toward Medi- things they think they need for their that we will now have an on-budget care reform. The President envisions families. surplus in fiscal year 2000 above and be- one type of reform where he spends $51 In a sense, I don’t know about the yond the Social Security surplus—both billion of surplus dollars on a Medicare rest of the Senators on both sides of the President’s budget shop and the prescription drug benefit. We don’t the aisle, but I look forward to these Congressional Budget Office expect know if that is right or not. But we can issues we are going to discuss between forecast this. This is true, even ac- sit at the table and fix Medicare given Members of the Congress and the Presi- counting for the $7 billion we spent re- our wonderful fiscal situation. But let’s dent. On some of them, I look for us to cently in FY2000 on Kosovo. This not kid ourselves. We don’t need a tril- walk right down this aisle in bipartisan money came out of on-budget funds— lion dollars. We should be giving some fashion and get some things done. How- we have not touched the funds that are of this money back to the American ever, we will not walk into an end accumulated by Social Security. people—they are the ones who gen- agreement where no relief is given to The President believes that we have erated all these extra tax payments, American taxpayers. We will not be a $5 billion on-budget surplus remain- they ought to get some of them back. able to agree with the President of the ing next year. I can’t tell you what the In that regard, it appears we are on a United States if he is leading all the Congressional Budget Office is going to collision course with the President. We Democrats—which I somehow doubt— say with certainty, but I can tell you it will let the American people be the saying, no matter how big the surplus is more than that. I can tell you it is judge of who is correct. I don’t think is, let’s just wait around and see if between $10 and $15 billion. That means that these hardworking men and Government doesn’t need it. I submit we can lock up Social Security’s women will stand by as their taxes that, if you do that, Government will money in the Trust Fund and still have climb higher and higher—I think they need it. Government will use it. And a $10 or $15 billion buffer to absorb any will support our call for tax relief. the taxpayers who collectively paid unanticipated expenses. This should It is unfair to assume that the Gov- more into Government than we need allay the Administration’s concerns ernment, having collected more than will see bigger Government, more about our lockbox. we need, ought to start saying: Well, money spent and less money in their Having said that, let me talk for a let’s find out how we can spend all of it own pockets, which is where more of it moment about a profound change in Government. How does that make ought to be. which has occurred in our country in sense? Should we wait for Washington I think my time has expired. I yield recent years. Something very dynamic to figure out which new program it the floor. is happening to the US economy. Some needs? Should we do what the Presi- I suggest the absence of a quorum. say we’re having a new industrial revo- dent is doing? He wants to put $340 bil- The PRESIDING OFFICER. The lution of sorts in the high tech arena lion of IOUs into the Medicare trust clerk will call the roll. that is fundamentally changing the fund, and then say, in 30 years when The assistant legislative clerk pro- way we do business. It has fueled tre- the IOUs come due, we will just raise ceeded to call the roll. mendous growth in all sectors. Now, no income taxes to pay for it. Putting Mr. DOMENICI. Mr. President, I ask one knows for certain why this recov- that money into the trust fund for unanimous consent that the order for ery is so long-lived. However, even Medicare does not enhance one pay- the quorum call be rescinded. though I am usually pretty cautious as ment, does not increase its solvency for The PRESIDING OFFICER. Without budget chairman of the Senate, it does one week. And here we sit failing to objection, it is so ordered. appear that this growth will propel us say exactly what it is. The President’s f toward higher and higher surpluses proposal will lead to income tax in- going forward. It is realistic to assume creases down the road to cover these EXTENSION OF MORNING that American taxpayers will be pay- IOUs. BUSINESS ing far more in taxes than we need to I should say a number of Democrats Mr. DOMENICI. Mr. President, on be- run the Government for many years to and almost every Republican have been half of the majority leader, I ask unan- come. critical of this presidential proposal. It imous consent that we remain in morn- That means, year over year, your is similar to writing a postdated check. ing business until 5 o’clock and that Government spends less than it takes Guess who is signing the check? The the time be equally divided. in. It is great to run persistent sur- American people, because they back up The PRESIDING OFFICER. Without pluses. However, we will surely lose the the U.S. Government who signed that objection, it is so ordered. faith of the American people if we end check. It is postdated 30 years. When it Mr. DOMENICI. I thank the Chair. up spending those surpluses. We must comes due, there isn’t any money to The PRESIDING OFFICER. The Pre- save Social Security’s money now and pay it. So then you go out and tax the siding Officer, in his capacity as a Sen- in the future. However, we should American people to pay it. But, in the ator from the State of Washington, think carefully about what we do with meantime, you can for some reason run suggests the absence of a quorum. The the extra surplus—the surplus above around and say there is a lot of money clerk will call the roll. Social Security’s funds. The President in the trust fund, ignoring the long-run The assistant legislative clerk pro- is thinking about this and has formu- consequences of this plan. Frankly, I ceeded to call the roll. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7805 Mr. SCHUMER. Mr. President, I ask I quote the Washington Times of June the Senate gun show provision, by the unanimous consent that the order for 23: first day of school, the Tuesday after the quorum call be rescinded. Some [GOP leaders] said even a Senate- Labor Day. That is 2 months to pass a The PRESIDING OFFICER. Without House conference to iron out differences with bill that we already passed. If we do objection, it is so ordered. Democrats over gun-control provisions in a not, and there is, God forbid, another Mr. SCHUMER. Mr. President, I ask juvenile justice bill is now in doubt. school shooting, we will sorely regret unanimous consent I be given 5 min- I am told today that Mr. ARMEY said our inaction. utes to address the Senate. at the very earliest, conferees would I yield the remainder of my time. The PRESIDING OFFICER. Without not be appointed until after the July 4 Mr. President, I suggest the absence objection, it is so ordered. recess. of a quorum. f First and foremost, conferees ought The PRESIDING OFFICER. The to be appointed. We should not simply clerk will call the roll. GUN SHOW LOOPHOLE stop the process because some people, The assistant legislative clerk pro- Mr. SCHUMER. Mr. President, 2 certainly a minority of the Members of ceeded to call the roll. months ago, right after the tragedy of Congress, and certainly a minority in Mr. REED. Mr. President, I ask unan- Columbine High School, I warned that terms of the views of the American imous consent that the order for the whenever a tragedy occurs in our people, do not want it to happen. The quorum call be rescinded. schools, if we don’t act quickly and res- Senate debated the issue. We should The PRESIDING OFFICER. Without olutely, the tragedy would recede in have the ability to go to conference. I objection, it is so ordered. memory and we would fail to pass laws call on the House leadership to appoint Mr. REED. I thank the Chair. necessary to make our schools safe, conferees quickly and with alacrity so f thereby creating new ways for future we might debate the provisions here, tragedies to occur. not only the gun show loophole but PATIENTS’ BILL OF RIGHTS To the relief of the entire Nation, the many of the provisions that people on Mr. REED. Mr. President, I will Senate passed the juvenile justice bill both sides of the aisle support that speak for a few moments about a topic that, thankfully, although belatedly, would make it easier to punish violent that has consumed many of us for closed the gun show loophole. juveniles as adults and that would pro- many days this week and preceding The House, however, failed in its vide some of the prevention services weeks, and that is the Patients’ Bill of duty to the American people. The that young people need. Because juve- Rights. House was unable to shake loose from nile justice and closing the gun show A particular concern to me has been the NRA. They were unable to pass a loophole is a priority to many Ameri- the status of children in the various juvenile justice bill with any gun con- cans; to a large majority of Americans, versions of the Patients’ Bill of Rights. trol legislation and unable to even in my opinion. I argue very strenuously and very em- close the gun show loophole. Two weeks ago, for instance, a month phatically that the Democratic pro- I rise today to remind the Senate of after we passed the juvenile justice posal recognizes the key differences be- the urgency that led us to act firmly bill, we passed the Y2K liability bill. tween children and adults when it and resolutely after Columbine, and to Lo and behold, Senate conferees were comes to health care, and there is a use the various parliamentary proce- immediately appointed, and I under- significant difference. For a few mo- dures that allow Members to bring the stand we are now close to an agree- ments, I will try to sketch out some of juvenile justice bill and the gun show ment. In fact, I believe an agreement is these differences. loophole bill to conference where we due this afternoon. I think that is First of all, if one looks at the adult can do what is right. great. But Y2K is a far more com- population in terms of types of ill- I spent part of this weekend, Sunday plicated bill than juvenile justice. It is nesses, they are characterized as and Monday, in New York’s capital re- treading on fresh new ground. chronic diseases with relatively simple gion, talking with constituents from The millennium, by definition, oc- symptoms, simple manifestations with Albany and the surrounding towns. curs every thousand years but we fin- known consequences. They are quan- Some of the areas were fairly rural. ished this one right up. The juvenile tifiable over a short period of time. Without prompting, people walked up justice bill, however, is in stasis. There Prostate cancer, breast cancer, heart to me and said: Senator, what the heck are things that can be done to get it attack are familiar diseases to all of are they doing in Washington? How moving. The most obvious is for the us. come you can’t even close something House leadership once again to appoint The other aspect of adults is that as simple as the gun show loophole? conferees so we can debate the gun there is a large volume of adults who They were incredulous. These people show loophole. The real problem I fear have these types of diseases. As a re- aren’t passionate advocates of gun con- is that those in the Republican House sult, there is more than a sufficient trols. They were outraged. They could leadership do not want to continue to supply not only of physicians but of not believe that a lobbying group, even debate this issue. They know their al- specialists, those who are particularly such a powerful lobbying group as the lies in the NRA and the American peo- skilled and particularly knowledgeable NRA, could stop the Congress from ple, including most gun owners, are di- about the most efficacious treatments passing a basic gun show measure. vided because most Americans, includ- one can use for these types of condi- I am proud of what the Senate ac- ing most gun owners, sincerely believe tions. complished last month. We debated ju- providing a background check at a gun In contrast, children present another venile justice for over a week. Passions show does not infringe their rights just type of population to the health profes- frequently ran high. We cast five sepa- as we now provide that a background sionals. The good news is that most rate votes on various proposals pur- check must be done when you buy a children are healthy. But if a child is porting to close the gun show loophole. gun at a gun shop. But they do not sick, that child usually does not have In the end, we approved the real thing. want to do that. one of these chronic diseases that is The juvenile justice bill itself passed So there are other things we should well-researched and well-treated and by a margin of 73–25, with majorities of consider to get things moving. Perhaps staffed by numerous specialists, but both parties voting in favor. we can add these provisions to a bill something more complicated. In fact, Is it a perfect bill? No. Is it a good that has to be conferenced. Perhaps we as the professionals say, these diseases bill that will make a real difference? can add this to other types of proposals are usually complex and with multiple Absolutely. which the other body sees a need to co-morbidities. For the layperson, that Now the question is whether we are have go forward. But I am issuing this means different problems interrelated going to throw up our hands and say challenge, particularly to the House causing a much more complicated case the House couldn’t stand up to the gun leadership but to all of my colleagues: for the physician. lobby, so let’s give up. We should pledge to send a juvenile There is another aspect of this di- We are in a strange lull, a lull in justice bill, one way or another, to the chotomy between adult health and which newspaper stories inform us, and President’s desk, a bill which includes children’s health. There are so many S7806 CONGRESSIONAL RECORD — SENATE June 29, 1999 healthy children —the good news. The cases, what they consider to be the complicated pediatric health care cases bad news is in terms of managing this center of excellence is a center that do not conform to those types of econo- population, there is a very small vol- provides the best adult medicine be- mies of scale. ume of very sick children. This makes cause after all, they are marketing I mentioned before there are other it very difficult for physicians to main- their products to adults, not to chil- particular issues about the health sta- tain their clinical competency, par- dren. They are marketing their prod- tus of children that make them dis- ticularly for general practitioners. ucts to human resource managers who tinct from adults, and one of them is They will see many adults who have have to buy for a company, or they are the fact that children are still devel- similar symptoms and they know very marketing directly to people who make oping. They are constantly changing well how to treat them. By contrast, decisions about health care who are by their functional levels —mobility, tod- they very rarely see chronically ill definition adults. When they are out dlers start walking, and then they children, so treating them effectively looking for centers of excellence, they start running, speech, puberty—all becomes especially difficult for a gen- are looking for those hospitals that issues which are seldom associated eral practitioner. have the best urology departments, with adult health. Another difficulty is the sense these have the best records with prostate As a result, unless you consider de- general practitioners or even adult spe- cancer and breast cancer and heart at- velopment as a first order of priority, cialists can treat this population of pa- tack. That is another built-in aspect of you are going to overlook a lot of the tients. There is a further complicating the HMO dilemma which complicates emphasis that should be placed on chil- factor, that is, to manage cases you the care to children. dren’s health care. I suggest that most need volume, you need data, you need There is something else. There is an HMOs do not factor in the sensitivities to understand what the best treat- economic incentive for these HMOs to to development that are so necessary. ments are, and you can only do that in refer children to adult specialists and Also, when you get into a situation a rational way by studying lots and not to pediatric specialists. There is a like this, when the development of a lots of cases and, frankly, because of great difference between a cardiologist child is at stake, the challenge is early the nature of children’s health, they do and a pediatric cardiologist because of intervention. It is not simply catching not have the same type of volume in the differences in caring for a child the disease someplace along its course children’s diseases as they do in adult versus caring for an adult. The incen- and providing some type of treatment. illnesses. tives are sometimes very compelling. It is early intervention. One other complicating factor is that For example, if you have a staff There are numerous examples. One many times children’s true health con- model HMO—that is where the doctor that I recently read about is a condi- ditions manifest themselves long after actually works for the HMO—you have tion in infants called strabismus, they have actually contracted the con- a cardiologist simply because that is which is muscle weakness of the eye. If dition. It is not the short duration, it is expected, and if you look at the num- it is not corrected soon after birth not the heart attack that one can rush bers, you are likely to have a lot of when the neurological connections be- the person into the emergency room, adult cardiology patients and very few tween the eye and the cortex of the do the surgery, apply the drugs, and children. To add a pediatric cardiolo- brain are being formed—again, this is get that adult on the road to recovery. gist increases the fixed costs. Why do not a situation that an adult would It is much different when it comes to a that when you can simply make a re- ever encounter—if you do not catch it child. ferral to the adult cardiologist that is early, you are going to have significant Managed care organizations and the already in the plan’s network? and irreversible loss of sight. way they deliver care can compound When you look at the nonstaff model, That is a special concern for kids, a these inherent differences between the one where they will contract with indi- very serious developmental concern for adult population and the children’s vidual physicians, typically what they children diagnosed with the disease. population. will do is look at volume discounts. A That is why we need to make sure that First, let me give credit where credit physician will say: Sure, I will sign up development is built into HMOs consid- is due. When a managed care plan does for so much per visit, but you have to eration of the type of treatment and it right, they do preventive care very assure me that I will get a lot of visits. services they provide children. The ec- well. They can anticipate, through the That is another incentive to drive chil- onomics of HMOs means they will not management of the child’s case, immu- dren not to pediatric specialists but to do it themselves. Therefore, we must nizations and well-baby visits, et adult specialists. make it our job. I think that is what is cetera. But there are certain inherent As a result, these incentives tend to part and parcel of a good part of the characteristics of the managed care diminish the quality of health care Democratic initiative. system of health care delivery that that HMOs give to children, particu- Let me suggest something else on the makes it—appropriate for adults but larly very sick children. It is not be- issue of development. My colleague less appropriate for children. That is cause they have some type of grudge from California, Senator FEINSTEIN, why we have to focus a part of our ef- against kids. It is simply, if you look and so many others, have talked about forts on making sure that children are at the market dynamics, if you look at medical necessity. This whole defini- truly recognized in the legislation we the volume they are trying to manage, tion of medical necessity tends really are discussing. it all argues against the type of care to prejudice kids from getting a fair First of all, because there are a rel- that sick children must be assured. In shake in HMOs, for many reasons. atively small number of very sick chil- other words, there is a failure in the First of all, most medical necessity dren, there is not the adequate number market to recognize the needs of chil- determinations are documented by of patients for the HMO to maintain a dren. data. How efficacious is the treatment? number of pediatric specialists in their That is why we have to step in. That How often do we use it? And it goes provider network. The other fact is is why we have to require HMOs to right back to one of the inherent that HMOs tend to fragment the mar- make sure that there is access to pedi- issues: The very lack of the volume of ket. They go after parts of the market atric specialists, to make sure HMOs seriously ill children to generate the and leave other parts out, but they do are tracking the health progress of kind of data, treatments and outcomes. not tend to accumulate large groups of children, to make sure they are meas- There is nothing in the law that I can children so that a pediatric specialist uring their outcomes in terms of chil- see today at the Federal level that in a particular area can be fully em- dren and not just adults. If we do not, even requires HMOs to start thinking ployed. the system will always be driven to the about outcomes, to start thinking Another aspect of the managed care needs of the adults who managed care about effectiveness in terms of kids. delivery system is that they typically plans are trying to recruit as patients. The other thing that we should be look for an affiliation with what they Another way to say this very simply is concerned about is that a lot of med- call centers of excellence, hospitals that HMOs operate on economies of ical necessity is cost based—using the that are well-known for their practice scale. That is how they make the cheapest option. Once again, when you in a certain field of medicine. In most money. And children with particularly have a very small volume of very sick June 29, 1999 CONGRESSIONAL RECORD — SENATE S7807 kids, the appropriate form of treat- have the data. It is just something that Democratic alternative, we are not ment may be extremely costly. they do not think about a lot. going to give the special needs of chil- Another factor concerning medical I see my colleague from Oregon is dren the attention it needs and de- necessity is that usually it is tied to here. Let me make one other point, if serves. When we start collecting the the notion that a health plan will not I could. data, when we start having the HMOs pay for innovative treatment. It will Mr. WYDEN. I just want to, at a con- publish what they do for kids—what is not pay for experimental treatment. venient time, ask my good friend from their success rate with kids? How Once again, many of the treatment Rhode Island to yield for a question or many kids with complicated conditions modalities used for children, simply be- two because I think the Senator has do they have enrolled in their pro- cause they are not routine, can be made an excellent presentation on the gram? When we start doing that, they called innovative or experimental. need to advocate for kids. All the lat- are going to have an incentive to start That is another example of how chil- est research with respect to these chil- talking to the schools and the local au- dren are prejudiced by the system. It is dren is really dropped-dead material. thorities about their patients because something that we have to correct. Unless you get there early, as the Sen- now they have a real visible, account- Finally, very seldom will you find in ator from Rhode Island is suggesting, able incentive to do it. the definition of medical necessity this you end up, with a lot of these poor Just one final point: Again, Bruce concept of developmental impacts, be- kids, playing catchup ball for the next Clarke, Gen. Bruce Clarke, one of the yond simply returning to normal func- 10 years. great combat leaders of World War II, tion. As a result, it is easy for HMOs to So when it is convenient, I would like said—and I remember this from my say a treatment or procedure is not to engage the distinguished Senator days at West Point—‘‘A unit does well medically necessary when children from Rhode Island in a few questions what its commander checks. If the present themselves or their parents about some of the other areas where he commander doesn’t check, you are not present them for care. It is not threat- has contributed on this bill that, going to find that unit paying atten- ening their lives today, or even their frankly, I think ought to help bring the tion.’’ ability to function today. However, parties together and help us fashion a We have not been checking on kids in they probably know that months from bipartisan proposal. HMOs in this country. I do not think now, a year from now, 2 years from I just want the Senator from Rhode they are doing particularly well as a now, their development will be se- Island to know how much I appreciate result. When we start checking on kids verely impaired. But that is not part of him standing up for those kids who do specifically, as the Democratic alter- medical necessity. So that is another not have political action committees native does, then we will start doing example of why we have to step up to and do not have clout and cannot speak much better, I think we will start the plate, particularly when it comes for themselves. At an opportune time doing well. I yield to the Senator from Oregon. to children. in the Senator’s address, I would like Mr. WYDEN. I thank my colleague We have learned so much about the to be able to ask the Senator to yield for yielding. He has made an excellent development of young children, par- just to address a few other questions presentation with respect to the need ticularly from ages 0 to 3, including the about some of the areas on which he for strong advocates for these kids. way the brain develops. has focused. I will turn briefly to another area Once again, this is an issue that has Mr. REED. I thank the Senator from where the Senator from Rhode Island very little correlation with adult expe- Oregon. has, in my view, done yeoman work, rience. Children are developing. I want to make one final point about and an area, frankly, that I think has Just a few examples. children, and then I would very much sort of gotten lost a little bit in this At the Baylor College of Medicine like to yield to the Senator. And I com- discussion. That is the proposal the there was a survey of abused and ne- pliment him, too, on his efforts because Senator from Rhode Island has made glected children. They focused on 20 we are working together on many of with respect to having ombudsmen or children who they described, in tech- these issues, including children’s advocates for consumers around the nical jargon, as living in ‘‘globally health. country. It ought to be one of the areas understimulating environments.’’ In One final point: Children’s health is, that both political parties could gravi- other words, these children were rarely I would argue, more dependent on envi- tate to, because I believe that what the touched; they had no real opportunity ronmental conditions than adults. Of Senator from Rhode Island has done— to play; they had no opportunity to ex- course, there are certain situations in of course, we have gotten great input plore and experiment. They found that the workplace where adults are exposed from Families USA and Ron Pollack the brains of these young children were to chemicals, and we try to deal with and some of the folks who have done so 20 to 30 percent smaller than those of that in terms of regulations and stand- much for consumers over the years—is children who had the opportunity to be ards. However, it is also important to essentially talk about a true revolu- stimulated. Indeed, literally parts of recognize that children are particu- tion in the area of consumer protec- their brains had wasted away. Again, larly prone to environmental and so- tion. this is an issue that would never con- ciological conditions. What happened—I have seen this so front a practitioner looking at an For instance, lead poisoning—it is an often since my days as director of the adult. epidemic in so many cities. In my city Gray Panthers; I was head of the Gray Another example relating to develop- of Providence it is an epidemic. But it Panthers at home for about 7 years be- ment is in the area of childhood trau- is not just Rhode Island, it is across fore I was elected to the House—what ma. We have been able to show, the country. we saw was that the consumer would through scientific examination, that For too long, we used lead paint in have a problem and, without any advo- children who have witnessed violence houses, and now we do not have enough cates or the ability to get it handled have physically continued to register HUD money to clean up homes that early on, a problem that started off rel- that violence, they remain in a high- have lead-based paints. That is why so atively modest and minor would just alert state, and this leads to emo- many children have lead paint poi- fester and get worse and eventually tional, behavioral and learning prob- soning. blossom into a huge controversy which lems. We have to recognize, for kids, is ended up in litigation. Again, these are conditions that you they these are important health prob- As the distinguished Senator from would never find in an adult, with some lems. We have to be developing mecha- Rhode Island knows, one of the most exceptions of course. But they are part nisms so managed care organizations controversial aspects of this whole de- and parcel of the developmental proc- recognize these issues as health prob- bate about managed care is litigation. ess of children. If we do not understand lems and that the Government recog- It seems to me that if the Senate were that, we do not recognize it. If we do nizes them as health problems, and to adopt the proposal of the Senator not provide particular protections for that they work together with linkages. from Rhode Island or some version of children, it will not be done by the My final point is, unless we pass the it, this would shift the focus of con- HMOs. It costs too much. They do not kind of language that we have in the sumer protection away from litigation, S7808 CONGRESSIONAL RECORD — SENATE June 29, 1999 away from problems after they have This would be a source, a clearing- gag clauses where people, of course, unnecessarily developed into some- house, if you will, for that type of in- ought to be entitled to all of the infor- thing serious. Instead, we would re- formation. mation about their options, the om- solve a lot of the problems early on and Then the ombudsman or the con- budsman concept is much the same we wouldn’t need this focus on litiga- sumer assistance center would operate kind of approach to good government. tion. a 1–800 telephone hotline to respond to The Senator from Rhode Island has Certainly, we ought to have legal consumer questions and requests for written this now so as to ensure it can- remedies for the really outrageous ex- information—again, such a necessary not result in litigation, that this spe- amples of consumer rip-offs and the ingredient, for several reasons: First, cifically is designed to help consumers like. But I think what the Senator the general befuddlement one experi- at the front end and bars litigation. I from Rhode Island has done, and it is ences when you try to read a health don’t think the majority of the Senate such a valuable service in this debate plan contract. Two, I sense there is is aware of that. The Senator from and a real revolution in consumer pro- deep skepticism about the kind of re- Rhode Island has indicated to this Sen- tection, is said: Let’s get at it early on sponse you expect to receive from your ator and the Senator from Maine, Ms. when the consumer and the families own insurance company about your COLLINS, who has been very interested can find somewhere to turn. We will rights and your benefits, if you get a in this issue over the years, who has prevent problems then. It can be done response at all. Too many times I have done good work, that he wants to make relatively inexpensively. heard constituents say they have just sure we don’t duplicate existing serv- I would like the Senator from Rhode found themselves entangled in a voice ices. Island to elaborate a little bit on this mail hell, if you will. As you push one I am happy to yield to the Senator. and make sure that over the next few number and find one recording, you Mr. REED. Reclaiming my time, it is minutes the Senator from Rhode Island push another number and find another quite specific in the legislation. Again, can lay out his proposal, on which I am recording. The ombudsman program the Senator is one of the contributors honored to join with him. I think this with the 1–800 number would serve as a to this legislation, along with Senator has the potential of, frankly, being one place where you could get information WELLSTONE, and I thank him. of the areas where the parties, once and get it quickly. The ombudsman, or the consumer as- they focus on it, can say: This is good Then this objective ombudsman, or sistance center, could not participate public policy that will reduce the need woman, as the case may be, would pro- in litigation. Their scope of participa- for litigation and, as Ron Pollack and vide assistance to people who think tion is informal and could include con- Families USA have said so eloquently, they have a grievance. They would tacting the insurance company, ex- help a lot of consumers when they need have an opportunity for a patient to go plaining rights, advocating for the pa- it most. Perhaps the distinguished Sen- in and say: My plan said I could not tient as an ombudsman, not as a law- ator from Rhode Island could take us have this procedure for my child. My yer, not as a litigator. through it. doctor says my child needs it. Can you Let me add one other point and then, Mr. REED. I thank the Senator from help me? Frankly, not only will the again, yield to my colleague from Or- Oregon for his very kind words. Let me ombudsman help the individual con- egon. Interestingly enough, again I also thank him for his help and support sumer, but they will look at the plan, think he has identified an issue that we in working so closely with me and and they will conclude that under the all can rally around. One of the great Families USA and others to ensure terms and conditions of the contract, talents the Senator from Oregon brings that this proposal will work for all con- that is or is not covered. to the Senate is an ability to be a sumers and for the insurance industry It won’t be the insurance company bridge in so many different ways, i.e., as well. protecting their own interest, it will be the Education Flexibility Act—to find Part of our attempt is to find an- an objective agency that will be able to a mechanism that we all can agree swers before, as the Senator from Or- step in and advocate for consumer upon. egon has said, they wind up in court. rights when they need to vindicate My experience—I think your experi- their rights and explain to them the This is another one of these areas. In- ence, too—is that people want their limitations of the policy, when that is terestingly enough, a few weeks ago we health care to be addressed. They don’t the case. passed with little controversy and with want a lawsuit. They want to get their That is the general outline. much enthusiasm the defense author- children cared for. They want their I yield the floor. ization bill that included an authoriza- own health care. This is not an at- Mr. WYDEN. I appreciate the distin- tion for an ombudsman program to ad- tempt to figure out some way to get in- guished Senator yielding. I have felt dress the problems and complaints as- volved in a messy multiyear litigation that he has really gone to great sociated with military HMOs—the process. Yet if there are no mecha- lengths to try to ensure that this could TRACER system—looking at the same nisms, such as an ombudsman and an be supported by every Member of the problem that all of the Senator’s con- internal/external review process, if we Senate. stituents from Oregon face, and all of don’t have these mechanisms, that is Frankly, I feel about his proposal my constituents face, but in the con- where we inevitably will find ourselves. much like I do about the gag clause text of military families and com- Let me quickly accept the Senator’s discussion. I think he and I have talked plaints, and legitimate complaints of invitation to lay out some of the de- about this. I am probably a lot of military families. They cannot get the tails. things, but one of the last things I care they need. They cannot get the First, it would be a State-based pro- guess I would qualify as is an HMO answers. They get the runaround. They gram, not a national program in the basher. We have a lot of good managed do not get the support. sense of some collective wisdom here in care in my part of the United States. In response to that, this body voted Washington, but each State could de- My hometown of Portland has the enthusiastically to authorize an om- sign their own ombudsman program. highest concentration of folks in HMOs budsman for the TRACER system. We would provide financial support. in the United States. About 60 percent Frankly, both the Senator from Oregon There would be some general guide- of the older people are part of a man- and I are saying if it works well, or we lines for the states to follow. Basically, aged care program. think it is going to work well for our this ombudsman operation or consumer The distinguished Presiding Officer, military families who are enrolled in assistance operation would inform peo- Senator SMITH, and I have worked to- an HMO that has a great deal of re- ple about their plan options that are gether on a lot of these issues. Frank- sponsibility for them, why not give it a available and to answer other ques- ly, one of our big concerns is, we do chance in the context of the private in- tions about a person’s health plan. offer a lot of good managed care. We surance HMO industry in the United Frankly, one of the great dilemmas end up getting the short end of the States? most of our constituents have is, they stick in terms of reimbursement. I I think that underscores what the don’t know whom to ask about health think what the Senator is talking Senator from Oregon has said. This is plans, what health plans are available. about with an ombudsman, much like not controversial. This is helpful. This June 29, 1999 CONGRESSIONAL RECORD — SENATE S7809 is practical. This is not about litiga- Senator COLLINS has been very inter- system: We are going to do everything tion, it is about making sure that peo- ested in this issue. She has done good we possibly can to limit frivolous law- ple get answers, that people get re- work in her home State of Maine. Per- suits; we are going to help people when sults, and that people get the care. haps the Senator from Rhode Island they need it most, when the problem That is what I think we are all here to could just wrap up by telling us where first develops. do. his proposal stands. I want to assure I want to assure the Senator from Again, I will yield. him and Senator KENNEDY, who has Rhode Island and the distinguished Mr. WYDEN. I appreciate the chance been leading this fight—and I am anx- Senator from Massachusetts that I am to continue this for a moment because ious to work with him. In fact, when I anxious to work with them on this pro- the Senator from Rhode Island is es- first came to the Senate, just a few posal, because I think this is one of the sentially being logical. Heaven forbid weeks after arriving I had a chance to areas where the parties ought to be that actually takes over some of the work with the distinguished Senator able to come together. It may sound debate we have. There is nothing par- from Massachusetts on the effort to quaint, but the ombudsman notion is tisan about making sure that con- bar gag clauses. I only wish we had got- simply good government. It is preven- sumers have all the facts about their ten that in place back then several tive kind of medicine. health care. That is the effort with re- years ago. It is long overdue that we I thank the Senator for the chance to spect to barring gag clauses. And there get that protection for consumers as work with him on it. I will not ask him is nothing partisan about this ombuds- well as the Reed proposal. to yield further. But I am very hopeful man approach. Perhaps the Senator from Rhode Is- that in the days ahead both political I am very hopeful, frankly, that as land could tell us where the ombuds- parties can see the merit in this idea the Senate learns more about this kind man proposal stands at this time. and have it included. of concept pioneered by the Senator Mr. REED. Very quickly, we have Mr. REED. Before yielding the floor, from Rhode Island, Families USA, and been working, as the Senator knows, let me just say that I, along with my others, that we will see some of the closely on the Reed-Wyden-Wellstone colleague from Oregon, must recognize good health care plans in this country proposal, which was formally intro- Families USA and Ron Pollack for the saying we are going to support this be- duced as separate legislation. It is in- inspiration and thoughtful analysis cause it makes sense to solve problems corporated in the Democrat Patients’ that helped propel this proposal. It is a early on. Bill of Rights. I know Senator COLLINS good one. Frankly, if we can win support for of Maine is very interested in this Frankly, we could do very well in the REED proposal early on—I am hon- issue. I think she is also convinced that this Senate this year if we could pro- ored to join in on it—I think this will this is important and significant. tect children through better managed go a long way to eventually resolving Let me also say that the Senator care legislation and give all of our citi- the controversy about litigation be- from Oregon made reference to his ex- zens a real voice in our health care de- cause I think we will see good advocacy perience as a senior advocate. There cisions through an ombudsman pro- programs early on, and we can confine are, in fact, senior ombudsman pro- gram. This will be a very satisfactory then the need for litigation to really grams throughout the United States and very successful endeavor for all of only the outrageous, outlandish cases which we support with the Older Amer- us in the Senate. where I think every Member of the icans Act. These programs have been With that, I yield the floor. Senate would say, goodness, this is an very effective and are doing precisely The PRESIDING OFFICER (Mr. area where you really ought to have a what we want to do in the context of SMITH of Oregon). The Senator from legal remedy. But we would have managed care. New Hampshire. skewed the whole system toward pre- Again, we just adopted an ombuds- Mr. GREGG. Mr. President, are we in vention and early intervention, or an- man program for military personnel in morning business? swering the questions that the Senator the TRICARE system. It was non- The PRESIDING OFFICER. The time from Rhode Island has properly identi- controversial. In fact, we have a great for morning business was concluded at fied. deal of expectation and hope that this 5 p.m. I will tell you that in my hometown, will be helpful to our military families. Mr. GREGG. Mr. President, I ask where we do have a lot of good man- We are working together across the unanimous consent that I be allowed to aged care, folks want to see this kind aisle. I hope that we can also incor- speak for 10 minutes as if in morning of proposal. They want to see what is porate this provision in whatever Pa- business. laid out in the legislation that our col- tients’ Bill of Rights legislation that The PRESIDING OFFICER. Without leagues on this side of the aisle are of- emerges. It is not designed to be a tool objection, it is so ordered. fering, and they want to see us reach a of litigation; it is designed to be a tool f bipartisan agreement. of conciliation. The Presiding Officer of the Senate On those grounds, I am optimistic MEDICARE and I have had the most competitive and hopeful. Mr. GREGG. Mr. President, I want to elections in the history of the West. We But, once again, let me finally con- comment on the President’s proposal have teamed up together on a whole clude by thanking the Senator from relating to Medicare, and specifically host of issues in the Senate. Oregon not only for our colloquy this relevant to the drug benefit which has It would seem to me that around the afternoon but also for his support, not been put forward by the President ombudsman program and around bar- only on this issue but so many others. today and by his staff. ring gag clauses, this is another area Mr. WYDEN. I will be very brief as I think the American people have to where essentially partisan politics well. look at this in the context of the his- ought to stop outside the Chamber. We I think the distinguished Senator tory of this administration’s efforts in ought to work together to enact a good from Rhode Island, particularly with the area of health care. We know that ombudsman program to say that this is Families USA, is on to something that when this administration came into of- the best anecdote to frivolous litiga- really constitutes a revolution in con- fice, Mrs. Clinton was assigned the tion, frankly, that we could possibly sumer protection. What we have seen task of developing a health care pro- find. on one issue after another—just a few posal. She came up with what has be- I thank the Senator from Rhode Is- minutes ago the distinguished Senator come known as ‘‘Hillary Care,’’ which land, with whom I have enjoyed work- from Arizona, Mr. MCCAIN, and Senator was essentially a nationalization of the ing for well over a decade on senior and DODD of Connecticut, and I were able to health care system. It was intricate bu- consumer issues, and for the chance to get an agreement on the Y2K issue reaucracy that basically was so inter- work with him on it. with respect to trying to hold down woven and so complex that it was to- Perhaps by way of wrapping up my frivolous lawsuits surrounding Y2K. tally impossible to recognize. question to the Senator from Rhode Is- What the Senator from Rhode Island It needs to be noted in evaluating the land, could he fill us in on progress and Families USA have been able to do drug component on this recent pro- with other colleagues? I know that is essentially say in the health care posal on Medicare, the proposal of the S7810 CONGRESSIONAL RECORD — SENATE June 29, 1999 Clinton administration on general this proposal has first-dollar coverage. could say those people are doing really health care issues as it came forward The first-dollar coverage stops when it well. under Mrs. Clinton’s plan, known as gets to $2,000, I believe, of drug expend- For example, say, Bill Gates’ parents, ‘‘Hillary Care,’’ was a dramatic inva- itures, which means that if a senior who probably have a fair amount of sion of the health care delivery system citizen has a large number of drug ex- stock in Microsoft, may be retired. I do in this country by the Federal Govern- penditures, essentially the senior cit- not know if his parents are retired or ment. It was essentially a nationaliza- izen is still going to be wiped out by not. I am using that as an example. tion of the system with huge complex- those costs. Someone who is extremely wealthy ities and huge intricacies. That was It makes much more sense to ap- who is retired, one would not expect followed by a number of other initia- proach it the way the Breaux commis- their drug benefits to suddenly be sub- tives which were lesser but equally ag- sion approaches it and the way most sidized by somebody who is working in gressive in their attempts to move to people have looked at the issue, which a restaurant, a gas station, or on a the Federal level control over func- is, you say to a senior citizen or any- computer assembly line in Nashua, NH. tions of health care in this country. one else: Listen, you have to be respon- Yet what the President has put for- Then on the issue of Medicare, a com- sible for the cost up to a certain level, ward is a plan that does just that. He mission was set up. The commission and when you get to that level which put forward a plan where working was to be balanced. In fact, the Presi- would threaten your economic sol- Americans, Americans who are just dent had a large number of appoint- vency, at that point the Federal Gov- trying to make ends meet, where both ments to it, and the Senate and House ernment will come in and assist you in parents are having to work in order to had a large number of appointments to paying the drug costs, which would be take care of household expenditures, it. It was chaired by a Democratic catastrophic coverage and makes much who are under tremendous financial Member of the Senate, Senator more sense than the proposal which pressure, are going to have to subsidize BREAUX. has first-dollar coverage, if you are the drug benefit of all senior citizens, That commission was to resolve this putting forward a plan which has as its no matter what their income level. matter. It was to come forward with a purpose the actual correction of the A high-income senior citizen, some- proposal to address the long-term sol- present problems occurring in the body who happens to be a member of a vency of Medicare and, within that, the health care community relative to famous family that has made millions drug benefit for senior citizens. The drug costs. of dollars, or somebody who is not even commission did great work, yeoman’s The proposal the President puts for- a member of a famous family but hap- work. They came up with a proposal. ward makes no sense substantively on pens to have a tremendous amount of More than a majority, a significant the issue of paying for drug costs, be- wealth—Charlton Heston, for example, majority, of the commission supported cause it does not benefit anybody if I suspect he has been successful—that the proposal which had in it a drug they have a catastrophic amount of person’s drug benefit under Medicare component, and the President walked drug costs. It may make sense, how- will suddenly become a subsidized away from the proposal, even though ever, politically because it says to a event paid for by a working American. the proposal had been supported by a senior citizen, we are going to cover Does that make sense? No; that is up- majority of the commission which he you for first-dollar coverage of your side down. Obviously, if you are going was instrumental in setting up and to drug costs, which means you can say to to have a drug benefit for senior citi- which he appointed the chairman, who all seniors, you no longer have a drug zens, it should really apply to those was Senator BREAUX from this body. cost for up to $2,000, which means a lot seniors who need the benefit and who The question of his most recent pro- of seniors will be covered, but of course cannot afford it. That happened to be posal on Medicare, I believe, has to be those seniors who are most at risk, who the proposal that came out of the looked at in that context, and there- have lots of drug expenditures, who ex- Breaux commission. They suggested fore it becomes a question of whether ceed $2,000 in drug expenditures, are people up to 135 percent, I believe, of or not the proposal put forward by the thrown out like the baby with the poverty be allowed to get the drug ben- President, most recently today, is a se- bathwater, but at least politically you efit and have it subsidized and people rious proposal or is it a political pro- pick up the vast majority of seniors over 135 percent would not have that posal. If it is a serious proposal, why is who have lower drug costs. event occur. Therefore, people with it not in step with the Breaux commis- One has to look at that benefit and higher incomes would not end up being sion, and if it is a political proposal, say that is a more politically driven subsidized by working Americans who what is its purpose? benefit structure than a benefit struc- maybe cannot afford to subsidize the Let’s look at it quickly. Nobody has ture directed at the problem, which is drug benefit of senior citizens because had a great deal of time to analyze it, the huge amount of drug costs on sen- they have to take care of their own but if you look at it quickly, it appears ior citizens and the fact it can wipe out household expenditures. to be a proposal that is turning on its their assets. Yet this proposal from the adminis- head the basic purposes of a drug ben- One has to look at another issue, tration has not taken the tack of the efit. which is, we all know a drug benefit is Breaux commission which says: Let’s The Breaux commission suggested very expensive for the Federal Govern- take care of those seniors who need the that the purpose of a drug benefit ment, and therefore for the taxpayers, assistance, but let the seniors who can should be to make sure the beneficiary, and when we are talking about tax- afford to pay for their own drugs pay the person paying the drug costs, was payers, we are talking about younger for them. They turned it upside down: not wiped out by the cost of the drugs. taxpayers who are paying to support Let’s take care of all seniors at the ex- That is a reasonable position. Essen- the senior citizens. pense of working Americans, maybe tially, the Breaux commission con- We have a transfer of income from even Americans who have trouble mak- cluded that we should have some way younger working Americans into sen- ing ends meet. of saying to a senior citizen who ends ior citizens’ accounts, and one would That leads one to the question: Why up with a huge amount of drug costs expect, therefore, in looking at that, are they doing this? Is this the sub- that if you are hit with a catastrophic we would be saying: Seniors who are stantively right thing to do? Is it the drug cost, there is going to be some doing well—and a large number of sen- politically correct thing to do? Yes, it protection for you and some coverage iors in our society are, fortunately, be- is, because we all know when it comes for you. cause we have been able to create an to senior citizen accounts, there is tre- This proposal from the President atmosphere where many seniors have a mendous reticence within the senior does the opposite. Instead of covering a fair amount of income, and, as a mat- citizen activist community in this catastrophic drug event where a senior ter of fact, as a matter disposable in- country to have any sort of means test- citizen has to buy a lot of drugs to come, people over age 65 have more dis- ing, which is what this amounts to, or maintain their health over a period of posable income than in their working affluence testing, which is where it a year and, thus, runs up huge bills years when they were in their twenties would lead to. Yet they allow Ameri- which basically deplete their assets, and thirties. For the most part, you cans to subsidize extremely wealthy June 29, 1999 CONGRESSIONAL RECORD — SENATE S7811 Americans, not only for the drug ben- a dramatic dampening effect on the in- That the bill be limited to 3 hours of efit as proposed by the President but, novative minds of America, on the sci- debate, to be equally divided in the unfortunately, as the President did in entists of America who are producing usual form, that all amendments in part B premiums, they are willing to the new drugs which make people’s order to the bill be relevant to the sub- allow that truly inappropriate action lives better because those scientists ject of amendment Nos. 702, 703, the in- to occur for the political benefit of it. and those innovators are not going to troduced bill or health care tax cuts, Once again, what we are seeing is a po- be able to get funds through the capital and all first degree amendments be of- litical initiative. markets to underwrite their under- fered in an alternating fashion with Then if you look at the proposal in takings. Senator DASCHLE to offer the initial its outline form, you can see it is going Why? Because if you are a capital in- first degree amendment and all first- to create an intricate, complex, bu- vestor, as Mr. Greenspan has so often and second-degree amendments be lim- reaucratic structure to determine what told us, the capital markets are the ited to 100 minutes each, to be equally benefit is covered and is available to be most efficient markets in the world. divided in the usual form. I further ask picked up by the Federal Government Money flows for capital where it gets consent that second-degree amend- under the drug benefit cost. There is the return that makes the most sense ments be limited to one second-degree going to have to be some sort of ex- for those dollars. People are not going amendment per side, per party, with no tremely complex structure. They to invest in drug research and develop- motions to commit or recommit in turned it over to HCFA, which is an ment if they are not going to get ade- order, or any other act with regard to agency that has the capacity to de- quate return. They are not going to get the amendments in order, and that just velop a complex structure, but there adequate return on it if you have a prior to third reading of the bill, it be will need to be some sort of national Federal bureaucracy taking over the in order for the majority leader, or his structure set up in order to account for control of the pricing mechanisms or designee to offer a final amendment, what is and is not covered under the the appropriate drugs to be pur- with no second-degree amendments in system the President has set up in his chased—both of which are potential order. proposal. outcomes of any plan put forward by I further ask consent that following One gets the feeling we are looking this administration because that, as we passage of the bill, should the bill, again at the use of the Federal bu- have already seen, is a goal that is in upon passage, contain any revenue blue reaucracy as the agency to manage the the back of the mind of this adminis- slip matter, the bill remain at the desk day-to-day activities of health care. We tration. So although it is not a stated and that when the Senate receives the know from experience that does not risk, it is, in my opinion, a clear under- house companion bill, the Senate pro- work too well. current of risk as we step into this area ceed to its immediate consideration, This proposal the President has put of drug benefit for senior citizens. all after the enacting clause be strick- forward is, on its face, upside down on The ultimate conclusion of this, of en, and the text of the Senate bill that core basic issues of better health care, course, is that I think the President’s was passed be inserted in lieu thereof, whether it happens to be the premium, proposal is political, not substantive. If the bill as amended be passed, the Sen- whether it happens to be the means the President wanted to substantively ate insist on its amendment and re- testing, or whether it happens to be the pursue a drug proposal, a drug benefit quest a conference with the House, all bureaucracy. for senior citizens that would work, without any intervening action or de- I think the thing that I find most that had been well vetted and well bate. dangerous about this proposal, and the thought out intelligently, he would The PRESIDING OFFICER. Without thing I am most concerned about, is have adopted the proposal of his own objection, it is so ordered. the effect on lifestyle of American sen- commission, the Breaux Commission. Mr. LOTT. I want to announce at this iors because it puts us on an extraor- That was rejected in order to take the time that the minority leader, Senator dinarily slippery slope, in its present path of the political initiative. I think DASCHLE, and I have discussed several structure, which will most likely lead we should be very suspicious before we times how we would proceed with this to a diminution of the effort of the step on to that path as a Congress. matter once we have had this period of American entrepreneurial culture to Mr. President, I appreciate the cour- time for debate and votes on and in re- produce better drugs for seniors. tesy of the Chair and yield the floor. lation to the Patients’ Bill of Rights. A great number of American citizens f today benefit dramatically from the Senator DASCHLE has given me his fact that we have the most vibrant, in- UNANIMOUS-CONSENT AGREEMENT assurance that although this agree- novative drug research and develop- Mr. LOTT. Mr. President, let me say ment will not prohibit Members from ment industry in the world. We have an first Senator DASCHLE and I have la- offering this issue or an amendment re- industry which is second to none in bored long and hard to come to an lated to this issue again in the session, producing products that make people’s agreement on a unanimous-consent he does not expect a need to offer this lives better. procedure to deal with the Patients’ issue again, presuming the normal leg- But it is an extremely expensive un- Bill of Rights issue, appropriations islative process is followed. dertaking. It takes 12 years and hun- bills, and nominations, and it still In other words, if we should complete dreds of millions of dollars to bring a takes an awful lot of good faith. We an action and it goes to conference, if drug to the market. The only way that have to work together. We have to it languishes there or does not come these entrepreneurs can undertake have some trust. We have to give the back, this arrangement would not pro- that initiative is if they are able to go benefit of the doubt to the leaders. hibit some amendment from being of- out in the marketplace and get the Also, in the Senate we have to be pre- fered at some subsequent point. capital necessary to take that type of pared to deal with action. We are try- I can fairly say that the minority risk to produce those drugs. ing to find a way to deal fairly with the leader is willing to say this issue will When you start having the Federal appropriations bills and with the Pa- have had due consideration after these bureaucracy manage who can and who tients’ Bill of Rights. 4 days of debate, and at the conclusion cannot buy a drug and what drug has I ask unanimous consent that the of this week we would not feel the need to be bought and what drug cannot be majority leader or his designee, intro- to readdress it. bought, as will inevitably be, I suspect, duce the underlying health care bill Finally, I announce to the Senate, the outcome of this initiative, as it and it be placed on the calendar by 12 following this agreement, the two lead- moves into its second- and third-gen- noon on Thursday, July 8, and the bill ers have jointly agreed to pass three to eration event—and was the intention, become the pending business at 1 p.m. five of the remaining appropriations by the way, of the Hillary health care on Monday, July 12, 1999, with a vote bills available prior to the Fourth of plan, so we know that we can suspect occurring on final passage at the close July recess. This will take a good bit of that is in the back of somebody’s mind of business on Thursday, July 15, and cooperation, too. around here—then your ultimate out- the bill be subject to the following The top priority of the appropria- come will be to have a chilling effect, agreement: tions bills are likely in the following S7812 CONGRESSIONAL RECORD — SENATE June 29, 1999 order: foreign operations, D.C., Treas- Let me express my appreciation to Mr. REED. I yield the floor. ury-Postal Service, and the pending ag- Senator NICKLES for the amount of The PRESIDING OFFICER. Is there riculture appropriations bill. We will time and effort he has put into all of objection? work to see what the prospects are and this. He is very knowledgeable on the Mr. REED. I withdraw my objection. time to be consumed for Transpor- substance of the Patients’ Bill of The PRESIDING OFFICER. Is there tation, State-Justice-Commerce, or In- Rights issue. objection to the majority leader’s re- terior. There are many Senators on both quest? I have already discussed this matter sides of the aisle who prefer to do this Mr. NICKLES. Reserving the right to twice this afternoon with the chairman another way. It has taken restraint on object, let me clarify something with of the committee. I believe he is work- both sides. I know Senator NICKLES the majority leader. The majority lead- ing with Senator BYRD to try to iden- still has concerns about it, but he has er made a request, or we discussed one tify the bills we could most likely been willing to work with us to come on Thursday evening, I think, at 6:30. move in this remaining time, and how up with an agreement to move forward. The major difference between this re- that can be done—time agreements, if I know that applies to Senator KEN- quest and the one on Thursday is, No. necessary—but we will have to work NEDY also. 1, the limit on debate on the bill is lim- together. I believe we can move at I also have to thank Senator COCH- ited to 3 hours and there was not a least three, and hopefully four, of these RAN and Senator KOHL, managers of time limit? bills. this agriculture appropriations bill, Mr. LOTT. There was not a time In light of this agreement, I now ask around whose neck this issue has been limit on the earlier bill in the general consent that the pending two amend- attached for the last week. They have debate in the earlier unanimous con- ments to the agricultural appropria- been very patient and understanding. sent. There is 3 hours in this unani- tions bill be withdrawn. I hope tomorrow we will be prepared mous consent. Instead of the 2 hours on Mr. DASCHLE. Mr. President, reserv- to move forward aggressively on a the first- and second-degree amend- ing the right to object, and I certainly number of these appropriations bills— ments, 2 hours each, there is 100 min- won’t, I want to reserve my comments the three I mentioned at the top or ag- utes on each one of them. on the overall agreement until after riculture or one of the others. Mr. NICKLES. I appreciate that. For the majority leader has completed his I will be talking to the ranking mem- further clarification, I understand why unanimous consent request, which has ber and Senator DASCHLE about the ap- the minority leader asked for that, but one more piece. propriations we can move forward with I will state—I stated it on the floor—it Let me say in regard to the com- first. was never anyone’s intention on this ments made by the majority leader Mr. KENNEDY. I withdraw my objec- side, to my knowledge, to filibuster the about our assurances, as he has indi- tion. bill. I do think 3 hours is a very limited cated, that we would not pursue this The PRESIDING OFFICER. Is there time. I do think it is possible, though, matter further this year. He used the objection? you can discuss the bill during amend- right phrase—‘‘if the normal legisla- Mr. REED. Reserving the right to ob- ment time, so I am not going to object. tive process’’ is followed. ject, I do not intend to object, but I Then the other major change was a Obviously, we expect the normal leg- want to echo a comment of the Demo- reduction from 120 minutes to 100 min- islative process to be one which will cratic leader. That presumption is that utes. That, of course, is to facilitate a allow a good debate on an array of this flexible process will allow a suffi- greater number of amendments and amendments, first and second-degrees cient number of amendments to come that is understandable as well. So I with limits on time, and that we will to the floor, that it will not be a proc- have no objection. have completed an adequate number of ess where one or two amendments are Mr. LOTT. I thank Senator NICKLES those amendments. brought up and then through a series of again for his cooperation. I do think as This issue, of course, is the Patients’ extended second-degree amendments we go forward it is very likely some of Bill of Rights. The agreement doesn’t delayed? these amendments will not take the preclude debate and amendments on Mr. LOTT. The agreement wouldn’t full time. I assume some of them may other health-related matters unrelated allow for that. even be agreed to by both sides. I also to the Patients’ Bill of Rights. Mr. REED. We are really talking think it is possible we might be going I am confident that if we have a good about a procedure where we could fully along with pretty hot debate and Sen- debate and if we have an opportunity ventilate all the issues—and there are ators may want a little extra time. to consider these amendments, there numerous issues that are inherent in Usually, we try to accommodate each will be no need to pursue this matter this bill. I hope that is the spirit and other, if there really is a need for it, on further this year. The Senate will have the actuality of the agreement. both sides of the aisle. I am not advo- spoken. Mr. LOTT. I think there will be full cating it now. I think we could nitpick I indicated privately in my conversa- opportunity to talk about the sub- it to death, but I think we have come tion with Senator LOTT that this cer- stance of the issue and the bills pend- about as close as we possibly can. tainly is my expectation, and we will ing, and amendments would be offered. I do have two other announcements I decide at the end of that week how well I think after 2 or 3 days on this issue, would like to make. we did. My expectation is the normal most of the issues that need to be de- The PRESIDING OFFICER. Is there legislative process will be followed. bated—or all of the issues—will have objection to the majority leader’s re- I have no objection. been addressed. quest? Without objection, it is so or- Mr. KENNEDY. Reserving the right Senator DASCHLE and I will have dered. to object, and I do not intend to object, talked back and forth about that. I NOMINATIONS do I understand from the leaders we think once we have some critical de- Mr. LOTT. As we have discussed, it is would have the normal kind of days bate and some critical amendments, my intention to work to clear the Ex- that we have traditionally had in the Members will think they have had ecutive Calendar. We now have a num- terms of the workings of the Senate? If the opportunity to be heard and will ber of nominations on the calendar, in- the majority leader could give some in- have made their points. cluding a long list of military nomina- dication of that. So I think there is going to be plenty tions and the nominee to be Secretary Mr. LOTT. It is my intent to move of time here. It doesn’t specify amend- of Treasury. We may even have other forward in the normal fashion that we ments. It doesn’t specify a maximum nominees coming on the calendar. I un- deal with these legislative days. Of or a minimum. There are some time derstand the Finance Committee re- course, we always take into consider- limitations, which is the orderly way ported three more nominations today, ation conflicts that one party or the to do business around here, but there is including the Under Secretary of other may have. There will be no in- not going to be any effort to have two Treasury. We have some judicial nomi- tent to have short days. We intend to or three amendments and then fore- nations. We will begin the process to- have long days so we can have ade- stall everything else. You could not do morrow of hotlining those nomina- quate discussion. it under this arrangement. tions. We will be moving them along as June 29, 1999 CONGRESSIONAL RECORD — SENATE S7813 we go forward on this process of get- cause he recognizes the importance of ment. I have been communicating, as I ting appropriations done. giving this issue a full opportunity for said, with the chairman of the Appro- Again, our purpose is to work to- debate. I appreciate his commitment in priations Committee. In the wrapup, gether and do the people’s business in that regard. we will announce that in the morning the next 21⁄2 days, and that will include I also share his concern about how we we will go to one of the appropriations clearing nominations. Some of them, of might make the appropriations process bills, perhaps D.C. or foreign ops. We course, may hit a snag for one reason work better. Democrats were opposed, will need to confer with a lot of dif- or another, but we will certainly work of course, to the overruling of the ferent people. But when we get the on that. Chair at the time it occurred. To take time agreement, we will go to one of The other thing is we have talked on it back would be consistent with the those. both sides of the aisle about how some- position we took when the vote was In view of the work that has gone on, day we needed to go back and correct a taken a few years back. So I do intend I will announce at this time there will situation that developed a few years to work with him to find a way to re- be no further rollcall votes tonight, but ago with regard to rule XVI so that we solve this matter. That also, of course, Members should expect votes to occur can preserve the integrity of the appro- is assuming we will have opportuni- in the morning and throughout the priations and the authorization proc- ties—I know we have talked about day. ess. Senator DASCHLE and I have talked this—opportunities to have good de- Mr. President, one final announce- about this. We want to reach a point bates with amendments on authoriza- ment: We are going to pursue the possi- where he and I together—not when one tion bills. This will only work if we bility of laying down one of the appro- side or the other seizes the oppor- have the regular order on authoriza- priations bills tonight so we would tunity, but at the earliest opportunity, tion bills. We certainly have to be sure have it pending. I want Members to be he and I will stand together to correct that we have an opportunity on those aware of that, but there still would not what I think was a mistake. And it occasions when authorization bills are be any more recorded votes. originated on our side of the aisle. I ac- presented to have a good debate with Mr. STEVENS addressed the Chair. knowledge that. I was part of the prob- amendments as we have had now on a The PRESIDING OFFICER. The Sen- lem. But I think for the future sanctity couple of bills this year. ator from Alaska. of the appropriations process and to Again, I think this is a good agree- (The remarks of Mr. STEVENS per- make the authorization committees ment. I appreciate the cooperation of taining to the introduction of S. 1301 really work as they should, we should everybody but in particular the leader- are located in today’s RECORD under have that point of order reinstated. ship of the majority leader and Senator ‘‘Statements on Introduced Bills and KENNEDY and others on our side. Senator DASCHLE has indicated he Joint Resolutions.’’) Mr. KENNEDY. Will the Senator would work with me on that. I would Mr. STEVENS. I suggest the absence yield? like it to be totally a bipartisan effort. of a quorum. Mr. DASCHLE. I will be happy to The PRESIDING OFFICER (Mr. I know our ranking member and the yield to the Senator from Massachu- BROWNBACK). The clerk will call the chairman of the Appropriations Com- setts. roll. mittee would like to do that, too. So I Mr. KENNEDY. Mr. President, I join The legislative assistant proceeded thank him for his cooperation on this in commending the two leaders for pro- to call the roll. unanimous consent. pounding this unanimous consent re- Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER. The quest. These past days have been hard unanimous consent that the order for Democratic leader. fought in establishing a procedure the quorum call be rescinded. Mr. DASCHLE. Mr. President, I want which would be fair and permit the op- The PRESIDING OFFICER. Without to publicly commend the majority portunity for the Senate to debate objection, it is so ordered. leader for the effort he has made over fully some of the important measures I Mr. DURBIN. Mr. President, I ask the last several days to find a way to think are included in the Patients’ Bill unanimous consent to speak as if in resolve this impasse. I believe this is a of Rights. I think the leaders have out- morning business. win-win. I think only through his per- lined a process and the Senate has been The PRESIDING OFFICER. Without sistence and willingness to consider a willing to accept that procedure. Both objection, it is so ordered. lot of different options were we able to leaders do deserve credit. f reach this point. I am grateful to him I want to underscore what both lead- SENATE AGENDA and have, once again, enjoyed the op- ers have said; that is, we are going into portunity to resolve what has been a this whole process on the basis of good Mr. DURBIN. Mr. President, there very significant procedural difficulty faith. I join with the Senator from has been a breakthrough which observ- for us all. South Dakota in feeling we can do the ers in the galleries and others watching I also want to thank the distin- business of the Senate on this issue in might not be aware of; that is, after 2 guished senior Senator from Massachu- that time. But it is also preserved, if weeks of effort on the floor, we now setts for the outstanding job he has for some reason there is not the kind of have an understanding that after the done providing us real leadership on constructive and positive attitude we Fourth of July recess when we return, this issue, as he does on so many issues have heard this evening, that there is we are going to debate the Patients’ relating to health and education. going to be the denial of that oppor- Bill of Rights. I also thank the assistant Republican tunity, that rights will be reserved for That is the bill that talks about re- leader as well. Members to raise these issues at an- forming health insurance in America I believe this is a good agreement other time. I am hopeful we can follow so that families have a better chance of any way one looks at it. It provides us what has been outlined here and in getting quality health care so that with the opportunity to have a good good faith have a full and fair debate when you visit a doctor, and the doctor debate. It provides us with the oppor- on these issues. makes a medical decision for you or tunity to have a series of amendments. The real fireworks are going to be someone you love, it will be less likely It certainly provides us with the focus after the Fourth of July this year. I that some bureaucrat and insurance that we have been looking for with re- look forward to engaging in this de- company will overrule the doctor. gard to the Patients’ Bill of Rights. bate. We want to make certain, as well, This is a very good agreement, agreed I again thank my leader and the ma- that if you have a picnic in the back- to, I think, with the direct involve- jority leader for moving this whole ex- yard on the Fourth of July, and your ment of a lot of people. So we are tremely important piece of legislation little boy climbs up the apple tree and grateful. to the point where it will be center falls out and breaks his arm, you can The majority leader mentioned a stage in the Senate. I thank the leader take him to the closest emergency couple of other matters, one having to for his efforts. room without fumbling through your do with his desire to work full days. He Mr. DASCHLE. I yield the floor. papers to figure out which hospital is has assured me we will work 9- to 12- Mr. LOTT. Mr. President, I would under your health insurance plan. That hour days that week we come back be- like to make one further announce- is just basic common sense. S7814 CONGRESSIONAL RECORD — SENATE June 29, 1999 We want to make sure that if a doc- life than when you are sick and go to a about dealing with health insurance tor decides that a specialist is needed doctor, or someone you dearly love is companies. And in the movie theater in for your problem that the health insur- sick and you bring them to a doctor. which I was sitting in Springfield, IL, ance company just can’t overrule You really want the best care, and you people started applauding. That doesn’t them; that you go ahead and get that don’t want a decision made on the bot- happen much. specialist and get the best care that tom line of a profit statement of an in- But that kind of spontaneous reac- doctor recommends. surance company to guide decisions. tion tells you that the people of this If a woman would like to keep an OB/ You want the decisions made by the country have been waiting for Congress GYN as her primary care physician, we professionals involved. to catch up with the needs of American don’t let the insurance company come We spent the last 2 weeks kind of families. in and second-guess her on those sorts twisted in knots not moving forward I think we can do it. I think this de- of things. very quickly on a lot of other matters bate this week that we have set aside, Fundamentally, this bill will also because we couldn’t agree between the if it doesn’t get bogged down in a lot of argue that health insurance companies, Republican side and the Democratic parliamentary hassles—and I don’t just like every other company in Amer- side on how we might approach this think it will—could result in an honest ica, should be held responsible for their issue. There has been a breakthrough debate where the Republican Party decisions. today. I am happy that it has hap- puts forward its best proposal for Each of us is responsible for our deci- pened. Now we have an agreement that health insurance reform, and the sions in life. If you proceed to drink the week following the Fourth of July Democrats do the same, and we vote on too much and drive and something ter- recess, we will come back and devote it. rible happens, you could be held ac- the entire week to this debate. When it is all said and done, perhaps countable in court. I think of all the things that we have we will then have a bill that really sets The same thing is true for businesses talked about in the 106th Congress— us on a track to help families across that make bad decisions or good deci- and some of them are very important— America get a break when they deal sions. They can be held accountable in there is hardly an issue more impor- with these health insurance companies. court. tant than the peace of mind which Last Saturday I met with a group of There are only two groups that are American families want when it comes farmers in downstate Illinois. I heard above the law: Foreign diplomats who to medical care. They want to have af- an interesting story from one farmer can’t be brought into court in America, fordable, accessible health insurance. about the problems his wife faced be- and health insurance companies—com- They want to be able to speak to a doc- cause of her medical condition. These panies that make decisions every day tor in terms where they are confident farmers in many ways are the most that are literally life and death deci- that the real focus of the attention is vulnerable of all. They don’t have the sions. on the health of the member of the benefit of group health insurance, in We believe with the Democratic family and not the health of the profit most instances, nor can they bargain version of the Patients’ Bill of Rights and loss statement of the insurance with insurance companies. They find that these health insurance companies company. That, unfortunately, has be- themselves, many times, facing out- should entertain the possibility that if come the case. rageous premiums and arbitrary deci- they make the wrong decision they will It wasn’t that many years ago in sions by the insurance companies. be held accountable. Washington that we had this big de- This farmer had driven about 100 I told this story on the floor before. I bate. President Clinton brought in miles to the meeting because he want- think it is one that illustrates exactly health care reform. I am sure you re- ed to tell his story about what he and what is happening. member it. It was a hotly debated his wife had been through with the Sunday night, I was back in my home issue. The insurance companies op- health insurance companies. These sto- State of Illinois and met a cardiologist posed it. There were a lot of efforts to ries, repeated over and over and over from Highland Park, IL, who a week derail it. And they were successful. again, suggest to me that it is our re- before had a woman come into his of- That health insurance-health care re- sponsibility to deal with this. fice complaining of chest pains. This form was swept aside. I hope when this Congress comes to was on a Thursday. He said: I want you But most Americans would believe an end, at least this year we can point in the hospital tomorrow morning, Fri- that we did something because of all back to the fact that we were sensitive day morning, for a catheterization to the changes that took place within the to the issues that America cared about. determine what problem you might last few years. There are more and There was a time, for example, on the have. more Americans under so-called man- Senate floor when there was a serious She checked with her health insur- aged care plans and fewer and fewer question as to whether we would do ance company, and they said, no, she Americans with health insurance. anything—anything—about the hor- cannot go in for that catheterization Fewer employers are offering it. People rible shooting that occurred at Col- because that isn’t an approved hos- in rural areas whom I represent in Illi- umbine High School in Littleton, CO. pital. We have to find a hospital that is nois are finding it increasingly dif- Fortunately, a debate was scheduled on approved under your health insurance ficult to even find, let alone afford, the floor. After a week of debate, we plan. We will check over the weekend health insurance. passed a gun control bill—a modest and call you back. All of these things have been hap- bill, I might say, but one that was de- There was no need to call back. She pening over the last several years in a signed to keep guns out of the hands of passed away on Sunday over that swirl of activities. kids and criminals. weekend. And the doctor said to me: They tell me that last night Jay We sent it to the House of Represent- What am I supposed to tell that fam- Leno, on his television show, talked atives. Sadly, the National Rifle Asso- ily? This woman came to me for the about the fact that Stephen King, after ciation, the gun lobby, used the 2 best advice. I had an appointment this unfortunate accident and the expe- weeks before it came up for a vote to made in a hurry for what I considered rience he had in the hospital, was going lobby away, and they were very effec- to be a serious situation, and it was to write his next horror novel about tive. They watered down the bill until overruled by an insurance company managed care insurance companies. I it was a joke. The bill ultimately was clerk. hope that is not the case. But it might even defeated in the House of Rep- That sort of thing happens too often. be. It drew a rise from the audience, as resentatives. We believe in the Patients’ Bill of I am sure it would almost everywhere. I haven’t given up on that issue, be- Rights to be offered on the Democratic You may remember the movie, ‘‘As cause I think most people across the side, and that the patients and families Good as it Gets,’’ with Helen Hunt and country—gun owners and not—believe across America deserve better treat- Jack Nicholson. I enjoyed it a lot. At we can do things to keep guns out of ment. one point in the movie—she was raising the hands of people who shouldn’t use The bottom line, of course, is that an asthmatic son—she expressed her them for a variety of reasons. The bill you are never more vulnerable in your frustration in very dramatic words we passed was a very modest bill, June 29, 1999 CONGRESSIONAL RECORD — SENATE S7815 which said, for example, that those portation of these clips from overseas. ELECTION OF EHUD BARAK who purchased guns at gun shows So we stopped the domestic manufac- Mr. EDWARDS. Mr. President, I rise would be subject to a background turing, and they started flooding in today to acknowledge the election of check. I don’t think that is an out- from overseas. Ehud Barak to Prime Minister of Israel rageous idea. Frankly, it raises a serious question: and his efforts to form a new govern- We passed the Brady law. We said, if Who needs a gun with a 240-bullet high- ment. I congratulate him, not only on you want to buy a gun, we want to capacity ammunition clip? If you need his most impressive victory, but also know if you have a history of commit- an AK–47 and 240 bullets to shoot a for his commitment to reinvigorate the ting a crime, a violent crime, because deer, you ought to stick to fishing. Middle East peace process. As Mr. if you do, we are not going to sell you Unfortunately, they are coming into Barak enters the critical stage in his a gun; or if you have a history of vio- this country for no purpose other than efforts to forge a coalition government, lent illness, mental illness, we won’t to be used for criminal purposes. I wish him luck. And I applaud his ini- sell you a gun. That has worked. It has Senator FEINSTEIN was successful. tial steps of talking with Egyptian kept guns out of the hands of hundreds She passed that amendment in the Sen- President Mubarak and declaring his of thousands of people. At least it ate. We sent it to the House. It got no- intent to form a ‘‘peace administra- slowed them down, at a minimum, but where. tion’’ of three negotiating teams, one maybe it stopped them from owning a Those are the kinds of things we did each for Syria, Lebanon and the Pal- gun. to try to deal with some of the prob- estinians, reporting directly to him. It turns out that a substantial por- lems we have identified. Having done We must not risk losing momentum to- tion of firearms are sold outside the those things, and having seen the Na- ward achieving a lasting peace. As Israel continues to take risks for law. They are sold at gun shows. We tional Rifle Association do its work in have them all over Illinois, all over the peace, it is all the more important that the House, we have a lot more work to America’s commitment toward Israel United States. People who own guns be done. and collect them get together and sell be unquestioned. Our strong commit- I hope when the debate is concluded them to one another, no questions ment helps Israel take risks and makes at the end of this 106th Congress, we asked. Because no questions are asked, it clear to Israel’s neighbors that Israel can point with pride to having suc- it has become a supply operation for a is a permanent reality that must be ceeded in passing import elements in lot of criminal elements. dealt with directly. Our dedication to law that improve the quality of life in In Illinois, the State police found Israel must take many shapes. We America, that reduce the likelihood of that 25 percent of the guns used in must continue aid to Israel. We must violence in schools, that reduce the crime came out of those gun shows. help Israel militarily. We must ac- likelihood of guns getting in the hands One of the things we put into law in tively support the peace process. We of criminals, that increase the opportu- the Senate was that there would be a must maintain our support for Jeru- nities for families across America to background check, similar to the salem as Israel’s capital. have good health insurance and be able Brady law, to find out if a person pur- America’s support for the peace proc- to trust their doctor’s decisions, and ess, for the security of this region, and chasing at a gun show had, in fact, a several other things that I think are for Israel itself must be unwavering. criminal background or a history of very important as part of the agenda. Israel, the only pluralistic democracy mental illness. in the Middle East, deserves our con- The National Rifle Association One of them has to deal with increas- tinued strong support. Helping Israel doesn’t like that. When they got the ing the minimum wage of $5.15 an hour. survive and thrive is the right thing to bill over in the House, they said, you Imagine, if you will, trying to raise a do. In a particularly volatile part of can’t take more than 24 hours to do the family or even take care of yourself for the world, Israel is strategically impor- check. The gun shows occur on week- $5.15 an hour. It has been years since we have increased it. It is time we tant to America’s interests. We cannot ends, of course, and the wheels that are help but benefit by strengthened eco- spinning forward to check the back- bring that up to a wage that more ac- curately reflects the cost of living in nomic, political, military and cultural grounds of people may not be as avail- ties with Israel. able on weekends. As a consequence, America. I hope before we leave this year we can address that. I have the greatest respect for Israel, they watered down the bill until it was its citizens, and its founders. The cre- meaningless. We cannot leave, as well, without ad- dressing the future of Medicare. This ation of the state of Israel is a remark- A second provision we put into law— able story of a great people who over- Senator HERB KOHL of Wisconsin was has been a banner week for Medicare with the President’s announcement came the Holocaust, rebuffed repeated the author—suggested we not sell guns foreign hostility, and created an indus- that we now have a reestimate of the in America unless they had a trigger trialized democracy in a desert. The budget. We believe if the economy con- lock, a child safety device. Thirteen story of Israel appeals to me because it tinues to grow, as we believe it will, we kids every day in America are killed by is a story of faith and it is a story of are going to have an additional sur- guns. Some are gangbangers who shoot justice. I respect all who stand up to plus. With that surplus we can do some away in Washington, DC, in Chicago, powerful forces against great odds for a extraordinary things. IL. Others, though, are kids who go out just cause. and get a gun off a shelf from their fa- I first came to Congress 17 years ago. No issue is more important to our re- ther’s closet, start to play with it, dis- When I came, we were facing all sorts lationship than aid to Israel. It is one charge it, and shoot themselves, a of red ink and all sorts of deficits. We of America’s most cost-effective for- brother, sister, or playmate. Thirteen have been through a lot of tortuous ef- eign policy investments. The economic kids a day die that way. fort to try to reduce. Now we have and military aid that America provides We want to lessen the likelihood of reached the point where we can hon- Israel serves the interests of both coun- those tragic accidents. Trigger locks, estly see a surplus in our future. I tries by promoting peace, security, and safety devices on guns, do that. That think we can use that surplus to solid- trade. Israel recently initiated an was in our bill. That was sent to the ify Social Security and Medicare and, agreement with the United States House. That was rejected. most importantly, while we do that, under which the United States will The final point is one that Senator eliminate the publicly held national gradually reduce the amount of eco- DIANNE FEINSTEIN of California pro- debt in America. To move from the nomic aid in the coming years while posed, a proposal that tries to close a point where a large portion of our ensuring an adequate amount of mili- loophole in the law. When we passed budget is being spent on interest on the tary assistance. I commend Israel for gun control a few years ago, we said, debt to the point where virtually none this initiative, and I believe that the we are going to prohibit the manufac- is being spent on interest on our debt is United States should stand by it. ture of these high-capacity ammuni- a great legacy to leave our children. I The Middle East’s unstable mixture tion clips, clips that can literally hold hope we can achieve that on a bipar- of unconventional weaponry, advanced up to 240 bullets. Unfortunately, we tisan basis. military technology, political insta- left a loophole and didn’t stop the im- I yield the floor. bility, and radical fundamentalism S7816 CONGRESSIONAL RECORD — SENATE June 29, 1999 threatens both Israel’s security and a.m. I would also like to announce that legislation introduced by my Mid- America’s vital interests in the region the hearing before the Committee on western colleagues, the Junior Senator and around the world. I am committed Energy and Natural Resources pre- from Ohio, Mr. VOINOVICH, and the Jun- to the expansion of the United States- viously scheduled for July 1, 1999 has ior Senator from Indiana, Mr. BAYH, S. Israel strategic cooperation that was been postponed until July 15, 1999 at 872, The Municipal Solid Waste Inter- formalized in 1983. 9:30 a.m. in SH–216 of the Hart Senate state Transportation and Local Au- In addition, it is our national inter- Office Building. The Committee will re- thority Act of 1999. I am pleased to be est to help ensure that Israel main- ceive testimony on S. 161, the Power working with them on this very impor- tains her qualitative military edge. Marketing Administration Reform Act tant issue. I know that they, as former Furthermore, the Unites States should of 1999; S. 282, the Transition to Com- Governors, are intimately aware of the not sell sophisticated weaponry that petition in the Electric Industry Act; concerns that the growing trash trade could erode that edge to nations hos- S. 516, the Electric Utility Restruc- poses for the States we represent. tile toward Israel. And, of course, the turing Empowerment and Competitive- We in the Midwest, especially those United States must do all it can to ness Act of 1999; S. 1047, the Com- of us fortunate enough to be from the stop the development or acquisition of prehensive Electricity Competition Great Lakes States, enjoy a very high nuclear, chemical, and biological weap- Act; S. 1273, the Federal Power Act quality of life—beautiful scenery, ons by rogue states such as Libya, Iraq Amendments of 1999; and S. 1284, the small, neighborly towns, and spectac- and Iran. Electric Consumer Choice Act. For ad- ular natural resources. We hold it as a True and lasting peace between Israel ditional information you may write to particular point of pride that we, in and her neighbors can be achieved only the Committee on Energy and Natural many instances, have the luxury of through direct negotiations between Resources, U.S. Senate, Washington, avoiding many environmental prob- lems and we have structured our State the parties. Nevertheless, the United D.C. 20510. and local governments in Wisconsin to States has played a critical role with Mr. President, I also announce for try to be sure that we continue to Israel and her neighbors in helping the public that a hearing has been avoid them. However, Mr. President, bridge the differences between them. scheduled before the full Committee on we in Wisconsin are unable to protect We must continue to invest the time Energy and Natural Resources. The hearing will take place on Tues- our communities, which have done a and energy necessary to help continue good regulatory job, from having to this very complex series of negotia- day, July 27, 1999, at 9:30 a.m. in room SD–366 of the Dirksen Senate Office deal with the solid waste mess created tions. by our neighboring communities in Israel’s capital of Jerusalem is im- Building in Washington, D.C. The purpose of this hearing is to re- other States. Instead, my State has portant to Jews, Christian, and Mus- been forced to accept other States’ mu- lims. I commend Israel for allowing all ceive testimony on S. 1052, to imple- ment further the Act (Public Law 94– nicipal solid waste in ever increasing three faiths open access to worship at 241) approving the Covenant to Estab- amounts. their holy places. Jerusalem is and lish a Commonwealth of the Northern We need to enact legislation to re- ought to remain a united city under Mariana Islands in Political Union empower States to be able to control Israeli sovereignty. with the United States of America, and the flow of waste into state-licensed Israel is the only country where the for other purposes. landfills from out-of-state sources. United States chooses not to locate our Those wishing to testify or who wish This legislation would give States the embassy in that country’s capital city. to submit written statements should tools to do just that. It gives states, I support the Jerusalem Embassy Act contact the Committee on Energy and like mine, the power to freeze solid that recognizes the united city of Jeru- Natural Resources, Washington, D.C. waste imports at the 1993 levels. States salem as Israel’s capital and mandates For further information, please call that did not accept out of State waste the moving of our embassy from Tel James Beirne, Deputy Chief Counsel at in 1993 would be presumed to prohibit Aviv to Jerusalem. (202) 224–2564, or Betty Nevitt, Staff As- receipt of out-of-State waste until the Finally, I want to discuss Israel’s sistant at (202) 224–0765. affected unit of local government ap- special relationship with my home f proves it. Facilities that already have state of North Carolina. Since 1993, a host community agreement or permit North Carolina and Israel have had one COSPONSORSHIP OF S. 680 that accepts out-of-State waste would of the most comprehensive official ex- Mr. CLELAND. Mr. President, I am remain exempt from the ban. States change programs in the country. Both happy to announce that I have decided would also be allowed to set a State- North Carolina and Israel have econo- to cosponsor S. 680. This bill, which wide percentage limit on the amount of mies that depend on high technology, was introduced by Senators HATCH and waste that new or expanding facilities agriculture, and education. Both states BAUCUS, makes the tax credit for re- could accept. The limit can not be benefit from their ongoing economic, search and development permanent so lower than 20 percent. Finally, States, social, and cultural exchanges. I look as to encourage investment by compa- under this bill, are also given the abil- forward to doing all I can to promote nies and external investors in research ity to deny the creation of either new this valuable relationship between activities. It has been shown through facilities or the expansion of existing Israel and the great state of North studies conducted by the General Ac- in-State facilities if it is determined Carolina. counting Office and the Bureau of that there is no in-State need for the Mr. President, I look forward to Labor Statistics that R&D tax credit new capacity. working with Israel’s soon-to-be stimulates domestic R&D spending by My home State has tried to address formed government to pursue our na- U.S. companies. This continued spend- this issue repeatedly on its own, with- tions’ many mutual interests. I wish ing on R&D is very important for the out success. On January 25, 1999, a fed- Mr. Barak and his government the best U.S. economy as we head into the next eral appeals court struck down as un- as he pursues peace, security, and pros- century, and I believe this bill serves constitutional a 1997 Wisconsin law perity in the twenty-first century. an important purpose in achieving this that prohibits landfills from accepting f goal. out-of-State waste from communities I look forward to cosponsoring this that don’t recycle in compliance with ANNOUNCEMENT OF HEARINGS bill and gaining support for it in the Wisconsin’s law. We are now examining Mr. MURKOWSKI. Mr. President, for days ahead. options for limiting out-of-State trash the information of the Senate I would f in Wisconsin including: appealing the like to announce that S. 1273, the Fed- decision to the United States Supreme eral Power Act Amendments of 1999; THE MUNICIPAL SOLID WASTE Court, which refused to hear an appeal and S. 1284, the Electric Consumer INTERSTATE TRANSPORTATION of a similar Wisconsin case in 1995, Choice Act have been added to the AND LOCAL AUTHORITY ACT OF passing new State legislation, or pur- hearing to be held before the Com- 1999 suing the option before us today—seek- mittee on Energy and Natural Re- Mr. FEINGOLD. Mr. President, on ing specific authority from Congress to sources on Tuesday, June 29 at 9:30 June 10, 1999 I joined as a co-sponsor of regulate trash from other States. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7817 Wisconsin’s law bans 15 different THE VERY BAD DEBT BOXSCORE MESSAGE FROM THE PRESIDENT recyclables from State landfills. Under Mr. HELMS. Mr. President, at the A message from the President of the the law, communities using Wisconsin close of business yesterday, Monday, United States was communicated to landfills must have a recycling pro- June 28, 1999, the federal debt stood at the Senate by Mr. Williams, one of his gram similar to those required of Wis- $5,600,865,929,234.63 (Five trillion, six secretaries. consin communities under Wisconsin hundred billion, eight hundred sixty- EXECUTIVE MESSAGE REFERRED law, regardless of the law in their home five million, nine hundred twenty-nine As in executive session the Presiding State. About 27 Illinois towns rely on thousand, two hundred thirty-four dol- Officer laid before the Senate a mes- southern Wisconsin landfills. Since the lars and sixty-three cents). sage from the President of the United law took effect, waste haulers serving States submitting a treaty which was those communities have had to find al- Five years ago, June 28, 1994, the fed- ternative landfills for their clients, in- eral debt stood at $4,603,690,000,000 referred to the Committee on Foreign curring higher transportation costs in (Four trillion, six hundred three bil- Relations. the process. IL-based Waste Manage- lion, six hundred ninety million). f Ten years ago, June 28, 1989, the fed- ment Inc. and the 1,300-member Na- REPORT ON THE NATIONAL EMER- eral debt stood at $2,781,451,000,000 (Two tional Solid Waste Management Asso- GENCIES WITH RESPECT TO THE trillion, seven hundred eighty-one bil- ciation were the entities that chal- FEDERAL REPUBLIC OF YUGO- lion, four hundred fifty-one million). lenged Wisconsin’s law, arguing that SLAVIA (SERBIA AND MONTE- Fifteen years ago, June 28, 1984, the the law violated the Interstate Com- NEGRO) AND KOSOVO—MESSAGE federal debt stood at $1,506,943,000,000 merce Clause. FROM THE PRESIDENT—PM 43 By recycling, Wisconsin residents (One trillion, five hundred six billion, have reduced the amount of municipal nine hundred forty-three million) The PRESIDING OFFICER laid be- waste heading to landfills. Since the which reflects a debt increase of more fore the Senate the following message State’s previous out-of-State waste law than $4 trillion—$4,093,922,929,234.63 from the President of the United was struck down by the appeals court (Four trillion, ninety-three billion, States, together with an accompanying in 1995, the amount of non-Wisconsin nine hundred twenty-two million, nine report; which was referred to the Com- waste in Wisconsin landfills has tri- hundred twenty-nine thousand, two mittee on Banking, Housing, and pled. When the law was in effect, 7.7 hundred thirty-four dollars and sixty- Urban Affairs. percent of the municipal waste in Wis- three cents) during the past 15 years. To the Congress of the United States: consin came from out of State. That f As required by section 401(c) of the has risen to more than 22.9 percent National Emergencies Act, 50 U.S.C. since the law was struck down. Though PERSONAL EXPLANATION 1641(c) and section 204(c) of the Inter- this legislation will not afford Wis- national Emergency Economic Powers consin the ability to block garbage Mr. LIEBERMAN. Mr. President, on Act (IEEPA), 50 U.S.C. 1703(c), I trans- containing recyclables from our land- June 28, I was unavoidably detained mit herewith a 6-month periodic report fills, it will at least give my State the due to inclement weather which pre- on the national emergency with re- ability to address the overall volume of vented my flight from taking off in spect to Yugoslavia (Serbia and Monte- waste entering our State. Hartford, CT. Had I not been delayed, I negro) as declared in Executive Order In 1995, I supported flow control leg- would have voted ‘‘no’’ on all four clo- 12808 on May 30, 1992, and with respect islation sponsored by the Senator from ture votes, numbers 184, 185, 186, and to Kosovo as declared in Executive New Hampshire, Mr. SMITH, and drawn 187. Order 13088 on June 9, 1998. substantially from the work of the WILLIAM J. CLINTON. former Senator from Indiana, Mr. f THE WHITE HOUSE, June 29, 1999. Coats. I have been shocked that the EXPLANATION OF MISSED VOTE f Senate, which passed that bill by a sig- nificant majority vote of 94–6, has not Mr. DODD. Mr. President, on Monday ANNUAL REPORT OF THE COR- taken up legislation to address this June 28, 1999, I was not present during PORATION FOR PUBLIC BROAD- issue since that time, shocked until I Senate action on rollcall vote No. 184, CASTING FOR FISCAL YEAR examined the relationship between the a motion to invoke cloture on S. 1233, 1998—MESSAGE FROM THE PRESI- interests opposing that legislation and the Agriculture, Rural Development, DENT—PM 44 political campaigns. According to the Food and Drug Administration, and The PRESIDING OFFICER laid be- Center for Responsive Politics, in the Related Agencies Appropriations Act, fore the Senate the following message 1998 election cycle, one of the interests 2000, because my flight was delayed by from the President of the United that opposes flow control legislation, inclement weather. States, together with an accompanying Waste Management Inc., contributed Had I been present for the vote, I report; which was referred to the Com- $422,275 in soft money to the two major would have voted ‘‘no.’’ mittee on Commerce, Science, and political parties—$85,000 to the Demo- f Transportation. cratic Party and $337,275 to the Repub- To the Congress of the United States: lican Party. Mr. President, the issue of CORRECTION TO THE RECORD interstate waste control effects my In accordance with the Public Broad- home State and 23 other States. For In the RECORD of June 24, 1999, on casting Act of 1967, as amended (47 years States have been faced with the page S7590, the introduction of S. 1280, U.S.C. 396(i)), I transmit herewith the challenge of ensuring safe responsible a bill to terminate the exemption of Annual Report of the Corporation for management of out-of-State waste, and certain contractors, and other entities Public Broadcasting (CPB) for Fiscal the need for State control is even more from civil penalties for violations of Year 1998 and the Inventory of the Fed- acute today than in was in 1995. Con- nuclear safety requirements under eral Funds Distributed to Public Tele- gress is the only body that can give the Atomic Energy Act of 1954, and for communications Entities by Federal States the relief they need from being other purposes, was incorrectly attrib- Departments and Agencies for that overwhelmed by a tidal wave of trash. uted to Mrs. BOXER. The permanent same year. We have not acted on a problem that RECORD will be corrected to reflect the Among its many outstanding effects nearly half of our States, and following: projects over the past year, CPB has citizens are left to try to understand By Mr. BRYAN: put considerable time and effort into our inaction by following the money S. 1280. A bill to terminate the ex- strengthening the teaching and devel- trail behind the trash truck. emption of certain contractors and opment of America’s literacy tradition. We need to take prompt action on other entities from civil penalties for Working with educators, writers, and this matter, and I think this legisla- violations of nuclear safety require- experts from all across the country, tion is a good first step. I urge my ments under the Atomic Energy Act of CPB has launched a companion website other colleagues to consider lending 1954; to the Committee on Environment filled with exceptional teaching mate- this bill their support. and Public Works. rials and continues to make possible S7818 CONGRESSIONAL RECORD — SENATE June 29, 1999 the broadcast of some of the Nation’s ka, Subpart C and D–1999–2000 Subsistence (4) That it is necessary to expand federal finest literature over our public air- Taking of Fish and Wildlife Regulations’’ and state activities to combat the evasion of waves. In addition, CPB is also expand- (RIN1018–AD69), received June 23, 1999; to the federal highway taxes and fees. Be it further Resolved, That copies of this Joint Memo- ing the availability of teacher profes- Committee on Energy and Natural Re- sources. rial be transmitted to the President of the sional development in the social f United States Senate, the Speaker of the sciences, humanities, and literature. United States House of Representatives, and As we move into the digital age, I am PETITIONS AND MEMORIALS to each member of Colorado’s delegation of confident that the Corporation for Pub- The following petitions and memo- the United States Congress. lic Broadcasting will continue to act as rials were laid before the Senate and POM–228. A resolution adopted by the a guiding force. As the projects above were referred or ordered to lie on the illustrate, CPB not only inspires us, it House of the Legislature of the State of table as indicated: Michigan relative to a permanent repository educates and enriches our national cul- POM–227. A joint resolution adopted by the for high-level nuclear waste; to the Com- ture. General Assembly of the State of Colorado mittee on Environment and Public Works. WILLIAM J. CLINTON. relative to federal highway taxes and dem- HOUSE RESOLUTION NO. 56 THE WHITE HOUSE, June 29, 1999. onstration projects; to the Committee on En- Whereas, Over the past four decades, nu- f vironment and Public Works. clear power has become a significant source SENATE JOINT MEMORIAL 99–003 for the nation’s production of electricity, EXECUTIVE AND OTHER Whereas, Due to the dynamics of state size, Michigan is among the majority of states COMMUNICATIONS population, and other factors such as federal that derive energy from nuclear plants; and The following communications were land ownership and international borders, Whereas, Since the earliest days of nuclear laid before the Senate, together with there is a need for donor states that pay power, the great dilemma associated with more in federal highway taxes and fees than this technology is how to deal with the waste accompanying papers, reports, and doc- material that is produced. This high-level ra- uments, which were referred as indi- they receive from the federal government and for donee states that receive more mon- dioactive waste material demands excep- cated: eys from the federal government than they tional care in all facets of its storage and EC–3992. A communication from the Sec- pay in federal highway taxes and fees; and disposal, including the transportation of this retary of Education, transmitting, a draft of Whereas, The existence of such donor and material; and proposed legislation entitled ‘‘College Com- donee states supports the maintenance of a Whereas, In 1982, Congress passed the Nu- pletion Challenge Grant Act of 1999’’; to the successful nationwide transportation sys- clear Waste Policy Act of 1982. This legisla- Committee on Health, Education, Labor, and tem; and tion requires the federal government, Pensions. Whereas, There should be a uniform meas- through the Department of Energy, to build EC–3993. A communication from the Assist- ure when considering the donor and donee a facility for the permanent storage of high- ant Secretary for Fish and Wildlife and issue, and a ratio derived from the total level nuclear waste. This act, which was Parks, Department of the Interior, transmit- amount of moneys a state receives divided amended in 1987, includes a specific time- ting, a draft of proposed legislation relative by the total amount of moneys that the table to identify a suitable location and to to the Chattahoochee River National Recre- state collects in federal highway taxes and establish the waste facility. The costs for ation Area; to the Committee on Energy and fees is a clear and understandable measure; this undertaking are to be paid from a fee Natural Resources. and that is assessed on all nuclear energy pro- EC–3994. A communication from the Assist- Whereas, Demonstration projects are an duced; and ant Secretary, Legislative Affairs, Depart- ineffective use of federal highway taxes and Whereas, In accordance with the federal ment of State, transmitting, pursuant to the fees; and act, customers of utilities operating nuclear Foreign Assistance Act of 1961, the report of Whereas, All moneys residing in the fed- plants in Michigan have contributed, di- a determination authorizing the use in fiscal eral highway trust fund should be returned rectly and through accumulated interest, year 1999 of funds to support the United Na- to the states either for use on the national some $700 million for the construction and tions Assistance Mission to East Timor; to highway system or nationally uniform high- operation of a federal waste facility; and the Committee on Foreign Relations. way safety improvement programs or as Whereas, There are serious concerns that EC–3995. A communication from the Assist- block grants; and the federal government is not complying ant Secretary, Legislative Affairs, Depart- Whereas, The state block grant program with the timetables set forth in federal law. ment of State, transmitting, pursuant to the should allow states to make the final deci- Every delay places our country at greater Trade Act of 1974, the report of an extension sions that affect the funding of their local risk, because the large number of temporary of Presidential Determination 99–26 relative highway projects based on the statewide sites at nuclear facilities across the country to the Republic of Belarus; to the Committee planning process; and makes us vulnerable to potential problems. on Foreign Relations. Whereas, Only a reasonable amount of the The Department of Energy, working with the EC–3996. A communication from the Chair- moneys collected from the federal highway Nuclear Regulatory Commission, must not man of the Board, National Credit Union Ad- taxes and fees should be retained by the fail to meet its obligation as provided by ministration, transmitting, pursuant to law, United States Department of Transportation law. There is too much at stake; now, there- a report relative to schedules of compensa- for safety and research purposes; and fore, be it tion; to the Committee on Banking, Housing, Whereas, States with public land holdings Resolved by the House of Representatives, and Urban Affairs. should not be penalized for receiving trans- That we urge the United States Department EC–3997. A communication from the Assist- portation funding through federal land or na- of Energy and the Nuclear Regulatory Com- ant Secretary, Pension and Welfare Benefits tional park transportation programs, and mission to fulfill their obligation to estab- Administration, Department of Labor, trans- such funding should not be included in the lish a permanent repository for high-level mitting, pursuant to law, the report of a rule states’ allocation of moneys; and nuclear waste; and be it further entitled ‘‘Interpretive Bulletin 99–1; Payroll Whereas, The evasion of federal highway Resolved, That copies of this resolution be Deduction Programs for Individual Retire- taxes and fees further erodes the ability of transmitted to the United States Depart- ment Accounts’’ (RIN1210–AA70), received the state and the federal government to ment of Energy, the Nuclear Regulatory June 23, 1999; to the Committee on Health, maintain an efficient nationwide transpor- Commission, the President of the United Education, Labor, and Pensions. tation system; now, therefore, be it States, the President of the United States EC–3998. A communication from the Acting Resolved by the Senate of the Sixty-second Senate, the Speaker of the United States Chair, Federal Subsistence Board, U.S. Fish General Assembly of the State of Colorado, the House of Representatives, and the members and Wildlife Service, Department of the Inte- House of Representatives concurring herein: of the Michigan congressional delegation. rior, transmitting, pursuant to law, the re- (1) That, when considering issues related to Adopted by the House of Representatives, port of a rule entitled ‘‘Subsistence Manage- donor and donee states, the federal govern- May 5, 1999. ment Regulations for Public Lands in Alas- ment should adopt a ratio derived from the ka, Subparts A, B, C, and D, Redefinition to total amount of moneys a state receives in POM–229. A concurrent resolution adopted Include Waters Subject to Subsistence Pri- federal highway moneys divided by the total by the Legislature of the State of Michigan ority; Correction’’ (RIN1018–AD68), received amount of moneys the state collects in fed- relative to a permanent repository for high- June 23, 1999; to the Committee on Energy eral highway taxes and fees; and level nuclear waste; to the Committee on En- and Natural Resources. (2) That all demonstration projects should vironment and Public Works. EC–3999. A communication from the Acting be eliminated; and HOUSE CONCURRENT RESOLUTION NO. 29 Chair, Federal Subsistence Board, U.S. Fish (3) That after federal moneys have been ex- Whereas, Over the past four decades, nu- and Wildlife Service, Department of the Inte- pended for the national highway system and clear power has become a significant source rior, transmitting, pursuant to law, the re- safety improvements, a state block grant for the nation’s production of electricity, port of a rule entitled ‘‘Subsistence Manage- program should be established for the dis- Michigan is among the majority of states ment Regulations for Public Lands in Alas- tribution of remaining federal moneys; that derive energy from nuclear plants; and June 29, 1999 CONGRESSIONAL RECORD — SENATE S7819 Whereas, Since the earliest days of nuclear est asset for forest managers and the public, native minimum tax reform; to the Com- power, the great dilemma associated with providing access for a multitude of rec- mittee on Finance. this technology is how to deal with the waste reational opportunities, for emergency re- By Mr. HARKIN: material that is produced. This high-level ra- sponse efforts, and for resource management, S. 1300. A bill to amend the Internal Rev- dioactive waste material demands excep- protection, and improvement activities; and enue Code of 1986 and the Employee Retire- tional care in all facets of its storage and Whereas, the federal government continues ment Income Security Act of 1974 to prevent disposal, including the transportation of this to close roads to public access by motorized the wearing away of an employee’s accrued material; and vehicles and, in early 1998, the forest service benefit under a defined plan by the adoption Whereas, In 1982, Congress passed the Nu- proposed and is now planning to implement of a plan amendment reducing future accru- clear Waste Policy Act of 1982. This legisla- an 18-month moratorium on all new road als under the plan; to the Committee on Fi- tion requires the federal government, building in roadless areas pending a review nance. through the Department of Energy, to build of its road management policies; and By Mr. STEVENS (for himself, Mr. a facility for the permanent storage of high- Whereas, one stated purpose of the morato- LOTT, Mr. HOLLINGS, and Mr. DOR- level nuclear waste. This act, which was rium is to close or obliterate existing roads, GAN): amended in 1987, includes a specific time- thus creating additional defacto roadless S. 1301. A bill to provide reasonable and table to identify a suitable location and to areas contrary to the interests of Montana’s non-discriminatory access to buildings establish the waste facility. The costs for citizens; and owned or used by the Federal government for this undertaking are to be paid from a fee Whereas, the scheduled destruction of the provision of competitive telecommuni- that is assessed on all nuclear energy pro- nearly 2,000 miles of roads in the 10 national cations services by telecommunications car- duced; and forests in Montana can have significant envi- riers; to the Committee on Commerce, Whereas, In accordance with the federal ronmental, economic, and cultural impacts Science, and Transportation. act, customers of utilities operating nuclear upon the fabric of many Montana commu- By Mr. GRAMS (for himself, Mr. plants in Michigan have contributed, di- nities and its citizens; and DOMENICI, and Mr. THOMAS): rectly and through accumulated interest, Whereas, 650 miles of forest system roads S. 1302. A bill to correct the DSH Allot- some $700 million for the construction and in the Flathead National Forest alone have ments for Minnesota, New Mexico, and Wyo- operation of a federal waste facility; and been scheduled for obliteration and 200 miles ming under the medicaid program for fiscal Whereas, There are serious concerns that have already been destroyed; and years 2000, 2001, and 2002; to the Committee the federal government is not complying Whereas, destruction or obliteration of ex- on Finance. with the timetables set forth in federal law. isting forest system roads can cause short- By Mr. MURKOWSKI (for himself, Mr. Every delay places our country at greater term and long-term increased discharges of BREAUX, Mr. GORTON, Mr. COCHRAN, risk, because the large number of temporary sediment to streams, adversely affecting cer- Mr. HUTCHINSON, Ms. COLLINS, Mrs. sites at nuclear facilities across the country tain sensitive or endangered fish species and LINCOLN, Mr. SHELBY, Ms. SNOWE, makes us vulnerable to potential problems. resulting in further restrictions on other Mrs. MURRAY, Mr. SESSIONS, Mr. The Department of Energy, working with the multiple-use activities. Now, therefore, be it SMITH of Oregon, Mrs. HUTCHISON, Nuclear Regulatory Commission, must not Resolved by the Senate and the House of Rep- Mr. GRAMS, and Ms. LANDRIEU): fail to meet its obligation as provided by resentatives of the State of Montana: S. 1303. A bill to amend the Internal Rev- law. There is too much at stake; now, there- (1) That the 56th Montana Legislature op- enue Code of 1986 to modify certain provi- fore, be it poses the current administration’s policy on sions relating to the treatment of forestry Resolved by the House of Representatives (the national forest road closure and obliteration activities; to the Committee on Finance. Senate concurring), That we urge the United and urges the immediate suspension of road f States Department of Energy and the Nu- closure and obliteration activities. clear Regulatory Commission to fulfill their (2) That existing roads are a valuable and STATEMENTS ON INTRODUCED obligation to establish a permanent reposi- necessary capital investment in public lands BILLS AND JOINT RESOLUTIONS tory for high-level nuclear waste; and be it that should not be lost or destroyed. By Mr. WARNER: further (3) That forest plans specifying multiple- S. 1298. A bill to provide for profes- Resolved, That copies of this resolution be use management for timber harvest, outdoor transmitted to the United States Depart- recreation, range, watershed, and fish and sional liability insurance coverage for ment of Energy, the Nuclear Regulatory wildlife values should be given priority as Federal employees, and for other pur- Commission, the President of the United the appropriate and necessary management poses; to the Committee on Govern- States, the President of the United States guidance to the forest service. Be it further mental Affairs. Senate, the Speaker of the United States Resolved, That copies of this resolution be THE FEDERAL EMPLOYEES EQUITY ACT OF 1999 House of Representatives, and the members sent by the Secretary of State to the Mon- Mr. WARNER. Mr. President, I rise of the Michigan congressional delegation. tana Congressional Delegation, the Sec- Adopted by the House of Representatives, retary of the federal Department of Interior, today to introduce the Federal Em- May 5, 1999. the Secretary of the federal Department of ployees Equity Act of 1999. Adopted by the Senate, May 20, 1999. Agriculture, the Director of the United My legislation expands a provision States Forest Service, the Director of the included in the omnibus appropriations POM–230. A joint resolution adopted by the United States Fish and Wildlife Service, the bill for fiscal year 1997 (P.L. 104–208) to Legislature of the State of Montana relative President of the United States Senate, the allow federal agencies to contribute to to national forest road closure and oblitera- Speaker of the United States House of Rep- the costs of professional liability insur- tion; to the Committee on Energy and Nat- resentatives, and the President and Vice ural Resources. ance for their senior executives, man- President of the United States. agers and law enforcement officials. HOUSE JOINT RESOLUTION 26 f While this important benefit contained Whereas, there are 737 million acres of for- in the Omnibus Appropriation bill was ested land covering approximately one-third INTRODUCTION OF BILLS AND of the United States, a nation that has cre- JOINT RESOLUTIONS indeed enacted, it has not been made available on as wide a basis to federal ated the largest legally protected wilderness The following bills and joint resolu- employees as we had hoped. system in the world, while at the same time tions were introduced, read the first sustaining a highly productive and efficient The Federal Employees Equity Act and second time by unanimous con- wood products industry; and would ensure that federal agencies re- sent, and referred as indicated: Whereas, the federal government owns ap- imburse one-half the premiums for proximately two-thirds of the land in west- By Mr. SPECTER (for himself, Mr. Professional Liability Insurance for ern Montana and these lands are primarily LIEBERMAN, Ms. COLLINS, and Mr. employees covered by this bill. Federal administered by the U.S. Forest Service; and LEVIN): Whereas, the management of federal lands S. 1297. A bill to make improvements in managers, supervisors, and law en- has a direct impact on economic and rec- the independent counsel statute; to the Com- forcement officials should not have to reational opportunities and the quality of mittee on Governmental Affairs. fear the excessive costs of legal rep- life for thousands of Montana residents; and By Mr. WARNER: resentation when unwarranted allega- Whereas, Congress has declared in the fed- S. 1298. A bill to provide for professional li- tions are made against them for inves- eral Multiple-Use Sustained-Yield Act of 1960 ability insurance coverage for Federal em- tigations of these allegations are con- that national forests are established and ployees, and for other purposes; to the Com- ducted. must be utilized for outdoor recreation, mittee on Governmental Affairs. I was a strong supporter of the provi- range, timber, watershed, and wildlife and By Mr. ROCKEFELLER (for himself, fishery purposes; and Mr. NICKLES, Mr. ROBB, Mr. HATCH, sion in 1996 because federal officials Whereas, the national forest road system and Mr. MACK): often found themselves to be the target represents a significant capital infrastruc- S. 1299. A bill to amend the Internal Rev- of unfounded allegations of wrong- ture investment and a valuable existing for- enue Code of 1986 to provide corporate alter- doing. Sometimes allegations were S7820 CONGRESSIONAL RECORD — SENATE June 29, 1999 made by citizens, against whom federal Employees Union) have endorsed the native minimum tax works for capital officials were enforcing the law and by concept for legislation to require fed- intensive and commodity based compa- employees who had performance or eral agencies to reimburse half the cost nies. It is relatively modest in scope conduct problems. Although many alle- of premiums for professional liability and I hope it will be part of any discus- gations have proven to be specious, insurance. sion we have about how we might de- these federal officials were often sub- The intent of this measure is simply liver appropriate tax relief. Even ject to lengthy investigations and had to ‘‘level the playing field’’ so that su- though this bill does not change the to pay for their own legal representa- pervisors and managers are treated fundamentals of the corporate AMT, it tion when their agencies could not pro- equally by various federal agencies and would eliminate some of the unfairness vide it. have access to protections similar to of current law by allowing companies The affected federal managers, super- those which are already provided for with long term AMT credits to recover visors, and law enforcement officials rank and file federal employees. those credits faster. I think this bill are generally prohibited from being I request your support for these fed- should be part of the Finance Commit- represented by unions. For employees eral officials and for this legislation. tee’s discussions about constructive Mr. President, I ask unanimous con- who are in bargaining units rep- ways to provide corporate tax relief. resented by unions, Congress allows sent that the text of the bill be printed federal agencies to subsidize the time in the RECORD. The alternative minimum tax im- and expenses of union representatives There being no objection, the bill was poses a significant long term tax bur- when they are needed by such employ- ordered to be printed in the RECORD, as den on capital intensive industries —it ees, whether or not they are dues pay- follows: is not a minimum tax, but is, in fact, a ing members of the union. S. 1298 maximum tax which requires compa- Because these federal officials are de- Be it enacted by the Senate and House of Rep- nies to calculate their taxes two dif- nied union representation, they have resentatives of the United States of America in ferent ways and pay the higher of the found it necessary to purchase profes- Congress assembled, two calculations. It hits our manufac- sional liability insurance in order to SECTION 1. PROFESSIONAL LIABILITY INSUR- turing sector hard because these busi- protect themselves when allegations ANCE. nesses are most likely to have to make (a) SHORT TITLE.—This Act may be cited as are made against them to the inspector the ‘‘Federal Employees Equity Act of 1999’’. large investments in plants and equip- general of their agency, to the Office of (b) IN GENERAL.—Section 636(a) of the ment. Manufacturing businesses that Special Counsel, or to the EEO office. Treasury, Postal Service, and General Gov- make commodity products often have The insurance provides coverage for ernment Appropriations Act, 1997 (Public slim profit margins and must contend legal representation for the employees Law 104–208; 110 Stat. 3009–363; 5 U.S.C. prec. with fierce international competition. 5941 note) is amended in the first sentence by when they are accused, and will pay The coal and steel industry are perfect judgements against the employee up to striking ‘‘may’’ and inserting ‘‘shall’’. (c) LAW ENFORCEMENT OFFICERS.—Section examples of these types of industries. a maximum dollar amount if the em- 636(c)(2) of the Treasury, Postal Service, and Other businesses with tight profit mar- ployee is found to have made a mistake General Government Appropriations Act, gins such as start up companies are while carrying out his official duties. 1997 (Public Law 104–208; 110 Stat. 3009-364; 5 also negatively affected by AMT. Currently, these managers must hire U.S.C. prec. 5941 note) is amended to read as their own lawyers in order to defend follows: Today, a taxpayer’s AMT may be re- their reputation and careers when they ‘‘(2) the term ‘law enforcement officer’ duced by foreign tax credits and net op- are the subject of a grievance, regard- means an employee, the duties of whose posi- erating losses, but they are limited to less of whether the complaint has tion are primarily the investigation, appre- 90% of the alternative minimum tax. hension, prosecution, or detention of individ- merit. Under present law, if a taxpayer pays uals suspected or convicted of offenses alternative minimum tax in any year, The current law has had some suc- against the criminal laws of the United cess and has been implemented by sev- States, including— the amount of that payment is treated eral federal departments including: De- ‘‘(A) any law enforcement officer under as an alternative minimum credit for partments of Agriculture, Education, section 8331(20) or 8401(17) of title 5, United future years. This was intended to en- Interior, Labor, and such agencies as States Code; sure that companies did not wind up the Social Security Administration, ‘‘(B) any special agent under section 206 of paying more under the AMT than was Small Business Administration, Gen- the Omnibus Diplomatic Security and owed under the regular income tax. Antiterrorism Act of 1986 (22 U.S.C. 4823); However, under current law, AMT cred- eral Services Administration, Securi- ‘‘(C) any customs officer as defined under ties and Exchange Commission, Na- section 5(e)(1) of the Act of February 13, 1911 its may be used to reduce regular tax tional Aeronautics and Space Adminis- (19 U.S.C. 267); but not alternative minimum tax. No tration, the Office of the Inspector ‘‘(D) any revenue officer or revenue agent carryback of credits is permitted. General at the Department of Housing of the Internal Revenue Service; or The provisions of the ‘‘Alternative ‘‘(E) any Assistant United States Attorney and Urban Development, the National Minimum Tax Reform Act of 1999’’ Science Foundation, the Merit Systems appointed under section 542 of title 28, would allow a corporation with AMT Protections Board, the Office of the In- United States Code.’’. (d) EFFECTIVE DATE.—The amendments credits that are unused after three or spector General at the Office of Public made by this Act shall take effect on the more years to reduce its tentative min- Health and Science, and the Substance later of— imum tax by a maximum of 50% using Abuse and Mental Health Services Ad- (1) October 1, 1999; or those credits. The portion which would ministration at Department of Health (2) the date of enactment of this Act. and Human Services. be allowed would the lesser of the ag- Regrettably, other departments such By Mr. ROCKEFELLER (for him- gregate amount of the taxpayer’s AMT as Treasury, Justice, Defense, Com- self, Mr. NICKLES, Mr. ROBB, credits that are at least three years merce, Transportation, Veterans Af- Mr. HATCH, and Mr. MACK). old; or 50% of the taxpayer’s alter- fairs, and agencies such as the Equal S. 1299. A bill to amend the Internal native minimum tax. The taxpayer Employment Opportunity Commission, Revenue Code of 1986 to provide cor- would use its oldest AMT credits first and the Office of Personnel Manage- porate alternative minimum tax re- under both current law that allows a ment have not seen fit to do so. form; to the Committee on Finance. company to use its AMT credits, and The professional associations of these ALTERNATIVE MINIMUM TAX REFORM ACT OF 1999 under the provisions of this bill. The officials (the Senior Executives Asso- Mr. ROCKEFELLER. Mr. President, I bill would enhance a company’s ability ciation, the Professional Managers As- rise today to introduce the ‘‘Alter- to use AMT credits to reduce its reg- sociation, the FBI Agents Association, native Minimum Tax Reform Act of ular tax. Finally, the bill would allow a the Federal Criminal Investigators As- 1999’’ with a bipartisan group of my taxpayer with AMT net operating sociation, the Federal Law Enforce- colleagues on the Senate Finance Com- losses in the current and two previous ment Officers Association, the Na- mittee, Senators NICKLES, ROBB, HATCH years to carry back AMT net operating tional Association of Assistance U.S. and MACK. This bill is designed to im- losses up to 10 years to offset AMT paid Attorneys, and the National Treasury prove the way the corporate alter- in previous years. First-in, and first- June 29, 1999 CONGRESSIONAL RECORD — SENATE S7821 out ordering would apply. This provi- mined under subsection (b) attributable to The Taxpayer Relief Act of 1997 ex- sion would help companies in the the adjusted net minimum tax for taxable empted small corporations from the toughest financial shape. years beginning after 1986 and ending before AMT, and conformed the depreciation The ‘‘Alternative Minimum Tax Re- the 3rd taxable year immediately preceding cost-recovery periods for AMT and the the taxable year for which the determination form Act of 1999’’ is designed to help is being made. regular corporate tax. The depreciation prevent companies from being trapped ‘‘(ii) FIRST-IN, FIRST-OUT ORDERING RULE.— provisions in particular will relieve permanently into AMT status. Recov- For purposes of clause (i), credits shall be much of the AMT’s negative impact on ering more AMT credits sooner will treated as allowed under subsection (a) on a capital-intensive businesses. help ease the position of many compa- first-in, first-out basis.’’. However, even with these changes, nies who are now stuck with excess and (b) CONFORMING AMENDMENTS.—Section some businesses continue to be chronic unusable AMT credits. Too many com- 53(c) of such Code is amended— AMT taxpayers, a situation that was panies have paid AMT for years and see (1) by striking ‘‘The’’ and inserting the fol- lowing: not contemplated when the AMT was no possibility of using their AMT cred- ‘‘(1) IN GENERAL.—The’’; and created. These companies continue to its without this reform. Moreover, a (2) by redesignating paragraphs (1) and (2) pay AMT year after year, accumu- great many U.S. companies have had to as subparagraphs (A) and (B), respectively. lating millions in unused AMT credits. deal with sharply decreasing com- SEC. 3. 10-YEAR CARRYBACK OF CERTAIN NET These credits are a tax on future, un- modity prices due to the collapse of OPERATING LOSSES. earned revenues which may never ma- markets in Asia and around the world Section 56(d) of the Internal Revenue Code terialize, and because of the time-value over the last few years. Without some of 1986 (relating to definition of alternative of money their value to the taxpayer tax net operating loss deduction) is amended assistance it will be very hard for by adding at the end the following: decreases every year. American companies to continue to ‘‘(3) SPECIAL RULE.—In the case of a cor- The legislation Senator ROCKEFELLER modernize and remain competitive. poration to which section 56(g) applies which and I are introducing today helps AMT Their position of accumulating excess has a net operating loss under this part for 3 taxpayers recover their AMT credits in AMT credits hurts their cash flow and or more consecutive taxable years which in- a more reasonable time frame than their bottomline profitability. cludes a taxable year beginning after the under current law. Our bill would allow The Alternative Minimum Tax Re- date of enactment of this paragraph, the loss businesses with AMT credits which are form Act of 1999 is something reason- for each such year shall be a net operating three years old or older to offset up to loss carryback for purposes of this part to able we can do to help companies that each of the 10 years preceding the taxable 50 percent of their current-year ten- are the backbone of our manufacturing year of such loss.’’. tative minimum tax. This provision base. I look forward to discussing this SEC. 4. EFFECTIVE DATE. will help chronic AMT taxpayers dig issue with my colleagues and to a score The amendments made by this Act shall their way out of the AMT and allow of how much this proposal would cost apply to taxable years beginning after De- them to recoup at least a portion of from the Joint Tax Committee to in- cember 31, 1998. these ‘‘accelerated tax payments’’ in a form our discussions. Mr. NICKLES. Mr. President, today I reasonable time-frame. Mr. President, I ask unanimous con- join my colleague from West Virginia, Mr. President, our legislation does sent that the text of the bill be printed Senator ROCKEFELLER, to introduce not repeal the AMT, and it will not in the RECORD. legislation to reform the alternative allow taxpayers to ‘‘zero out’’ their tax There being no objection, the bill was minimum tax, or AMT. liability. This bill specifically address- ordered to be printed in the RECORD, as Congress created the AMT in 1986 to es the problems faced by companies follows: prevent businesses from using tax loop- that are buried in AMT credits they S. 1299 holes, such as the investment tax cred- might otherwise never be able to uti- Be it enacted by the Senate and House of Rep- it or safe harbor leasing, to pay little lize. I encourage the Senate Finance resentatives of the United States of America in or no tax. The use of these tax pref- Committee to consider our bill when Congress assembled, erences sometimes resulted in compa- drafting this year’s tax reconciliation SECTION 1. SHORT TITLE. nies reporting healthy ‘‘book’’ income legislation. This Act may be cited as the ‘‘Alternative to their shareholders but little taxable Minimum Tax Reform Act of 1999.’’. income to the government. By Mr. HARKIN: SEC. 2. LONG-TERM UNUSED CREDITS ALLOWED Therefore, to create a perception of S. 1300. A bill to amend the Internal AGAINST MINIMUM TAX. fairness, Congress created the AMT. Revenue Code of 1986 and the Employee (a) IN GENERAL.—Subsection (c) of section 53 of the Internal Revenue Code of 1986 (re- The AMT requires taxpayers to cal- Retirement Income Security Act of lating to limitation) is amended by adding at culate their taxes once under regular 1974 to prevent the wearing away of an the end the following: tax rules, and again under AMT rules employee’s accrued benefit under a de- ‘‘(2) SPECIAL RULE FOR CORPORATIONS WITH which deny accelerated depreciation, fined plan by the adoption of a plan LONG-TERM UNUSED CREDITS.— net operating losses, foreign tax cred- amendment reducing future accruals ‘‘(A) IN GENERAL.—If a corporation to its, and other deductions and credits. under the plan; to the Committee on which section 56(g) applies has a long-term The taxpayer then pays the higher Finance. unused minimum tax credit for a taxable OLDER WORKERS PENSION PROTECTION ACT OF year, the credit allowable under subsection amount, and the difference between 1999 (a) for the taxable year shall not exceed the their AMT tax and their regular tax is greater of— ‘‘credited’ to offset future regular tax Mr. HARKIN. Mr. President, older ‘‘(i) the limitation determined under para- liability if it eventually falls below workers across America have been pay- graph (1) for the taxable year, or their AMT tax liability. ing into pension plans throughout their ‘‘(ii) the least of the following for the tax- Unfortunately, the AMT has had a working years, anticipating the secure able year: negative, unanticipated impact on retirement which is their due. And ‘‘(I) The sum of the tax imposed by section many U.S. businesses. As it is cur- now, as more Americans than ever be- 55 and the regular tax reduced by the sum of rently structured, the AMT is a com- fore in history approach retirement, we the credits allowed under subparts A, B, D, E, and F of this part. plicated, parallel tax code which places are seeing a disturbing trend by em- ‘‘(II) The long-term unused minimum tax a particularly heavy burden on capital ployers to cut their pension benefits. credit. intensive companies. Corporations Many companies are changing to so- ‘‘(III) The sum of— must now plan for and comply with called ‘‘cash balance’’ plans which ‘‘(aa) the excess (if any) of the amount two tax codes instead of one. Further, often saves them millions of dollars in under paragraph (1)(A) over the amount the AMT’s elimination of important pension costs each year by taking a under paragraph (1)(B), plus cost-recovery tax incentives increases substantial cut out of employee pen- ‘‘(bb) 50 percent of the tentative minimum the cost of investment and makes U.S. sions. This practice allows employers tax (determined under section 55(b)(1)(B)). businesses uncompetitive with foreign to unfairly profit at the expense of re- ‘‘(B) LONG-TERM UNUSED MINIMUM TAX CRED- IT.—For purposes of this paragraph— companies. tirees. ‘‘(i) IN GENERAL.—The long-term unused Mr. President, I am proud to say that Employees generally receive three minimum tax credit for any taxable year is several AMT reforms I began pushing types of benefits for working: direct the portion of the minimum tax credit deter- in 1995 were eventually enacted in 1997. wages, health benefits and pensions. S7822 CONGRESSIONAL RECORD — SENATE June 29, 1999 Two of those are long-term benefits for the pension plan and that the plan is an important part of the benefits for which usually grow in value as workers is beneficial to those workers who employees to acquire and maintain a become older. Pensions are paid en- move from company to company (with productive workforce. Many suggest tirely after a worker leaves. Reducing similar pension plans). But, the big that the simple disclosure alone might an employee’s pension years after it is reason is the companies save millions prevent a reduction in payment bene- earned should be no more legal than of dollars. They save it because the fits. denying a worker wages after work has pensions provided for with almost all Much is made about the gains of been done. cash balance plans are, on average far younger workers when companies In fact, our laws do prohibit employ- less generous, and they immediately switch to cash benefit plans. There is ers from directly reducing an employ- reduce their need to pay anything into greater portability. But, none of the ee’s pension accrued benefit. Unfortu- a pension plan at all for a while, some- experts I’ve consulted believes that is a nately, however, these protections are times for years, because of this wear dominant motivation of the companies being sidestepped and workers’ pen- away or plateau feature. for proposing these changes in pension sions are being indirectly reduced At one conference of consulting actu- law. And, the changes I am proposing through the creation of cash balance aries, Joseph M. Edmonds told compa- would not reduce the benefits for pension plans. nies: younger workers. Under traditional defined benefit . . . it is easy to install a cash balance plan I urge my colleagues to take a fresh plans, a worker’s pension is based on in place of a traditional defined benefit plan look at the spirit of the current law their length of employment and their and cover up cutbacks in future benefit ac- that prevents a reduction in accrued average pay during their last years of cruals. For example, you might change from pension benefits. I believe it is only service. Their pension is based on a a final average pay formula to a career aver- fair to extend that law with its current preset formula using those key factors age pay formula. The employee is very ex- spirit by simply requiring that any cited about this because he now has an an- rather than the amount in their pen- nual account balance instead of an obscure company which changes to a cash bal- sion account. Under the typical cash future monthly benefit. The employee does ance or similar pension plan treats all balance plan, a worker’s pension is not realize the implications of the loss of fu- workers fairly and not penalize older based on the sum placed in the employ- ture benefits in the final pay plan. Another employees whose hard work has earned ee’s account. That sum is based on example of a reduction in future accruals them benefits under the earlier pension their wages or salary year to year. could be in the elimination of early retire- plan. When a worker shifts from a tradi- ment subsidies. Mr. President, Ellen Schultz at the tional to a cash balance plan, the em- Because traditional pension plans be- Wall Street Journal has done an excel- ployer calculates the value of the bene- come significantly more valuable in lent series of articles on this issue. I fits they have accrued under the old the last years before retirement, the ask unanimous consent that a copy of plan. The result for many older work- switch to cash balance plans also can those articles appear in the RECORD at ers who have accrued significant sums reduce older workers’ incentive to stay this point. I am also including the text in their pension that are higher than it until they reach their normal retire- of a piece of this same subject done by would have been under the new cash ment age. NPR. If my colleagues have not seen balance plan. In that case, under many I support Senator MOYNIHAN’S legis- these articles I commend them to their of these cash balance plans the em- lation that requires that individuals attention. I believe that once you’ve ployer simply stops contributing to the receive clear individualized notice of read them, you’ll agree with me that value of their pension till the value what a conversion to a cash balance we must take action to protect the reaches the level provided for under the plan would do to their specific pension. pensions of older workers. new plan. And this can go on for sig- There is no question that shining the [From the Wall Street Journal, Dec. 4, 1998] nificant periods—five years and some- light on this dark practice can reduce EMPLOYERS WIN BIG WITH A PENSION SHIFT; times more. Pension experts call this the chance that it will occur. I cer- EMPLOYEES OFTEN LOSE ‘‘wear away’’ others call it a ‘‘pla- tainly agree with his view that those (By Ellen E. Schultz and Elizabeth teau.’’ notices should not be generalized where MacDonald) This is not right. It is not fair. In obfuscation is easier and employees Largely out of sight, an ingenious change fact, I believe it is a type of age dis- will pay less attention to the result. in the way big companies structure their crimination. After all, a new employee, I also believe that more must be pension plans is saving them millions of dol- usually younger, would effectively be done. For that reason, I am intro- lars, with barely a peep of resistance. Unless ducing the Older Workers Pension Pro- they happen to have a Jim Bruggeman on receiving greater pay for the same their staff. work: money put into their pension tection Act of 1999 which prohibits the Sifting through his bills and junk mail one plan. And, there are some who believe practice of ‘‘wear away.’’ It provides day last year, Mr. Bruggeman found the sort this practice violates the spirit and that a company cannot discriminate of notice most people look at but don’t spend perhaps the letter of existing law in against longtime workers by not put- a lot of time on: His company was making that regard. ting aside money into their pension ac- some pension-plan changes. What does this mean to real people? count without any consideration for The company, Central & South West Corp., Two Chase Manhattan banking ex- the long term payments made to the was replacing its traditional plan with a new employee’s pension for earlier work variety it said was easier to understand and ecutives hired an actuary to calculate better for today’s more-mobile work force. A their future pensions after Chase Man- performed. Under my bill, there would brochure sent to workers stressed that ‘‘the hattan’s predecessor, Chemical Bank, be no wear away, no plateau in which a changes being made are good for both you converted to a cash balance plan. The worker would be receiving no increases and the company.’’ actuary estimated their future pen- in pension benefits while working when Alone among Central & South West’s 7,000 sions had fallen 45 percent. John Healy, other employees received benefits. The employees, Mr. Bruggeman, a 49-year-old en- one of the executives, says ‘‘I would new payments would have to at least gineer in the Dallas utility’s Tulsa, Okla., of- equal the payments made under the re- fice, set out to discover exactly how the new have had to work about ten more years system, known as a cash-balance plan, before I broke even.’’ vised pension plan without any regard worked. During a year-long quest to master Ispat Inland, Inc, an East Chicago to how much a worker had accrued in the assumptions, formulas and calculations steel company, converted to a cash bal- pension benefits under the old plan. behind it, Mr. Bruggeman found himself at ance plan January 1. Paul Schroeder, a Some suggest that if such a require- odds with his superiors, and labeled a trou- 44-year-old engineer who has worked ment were put in place, companies blemaker. In the end, though, he figured out for Ispat for 19 years, calculated it could and would opt out of providing something about the new pension system could take him as long as 13 years to any pension at all. I do not believe that that few other employees have noticed: For would happen. Companies with defined many of them, it is far from a good deal. acquire additional benefits. But it clearly was, as the brochure noted, Why are companies changing to these benefit plans do not have them because good for the company. A peek at a CSW regu- cash balance plans? They have lots of they are required to do so. They do it latory filing in March 1998, after the new stated reasons: ease of administration, because of negotiated contracts or be- plan took effect, shows that the company certainty in how much is needed to pay cause the company has decided that it saved $20 million in pension costs last year June 29, 1999 CONGRESSIONAL RECORD — SENATE S7823 alone. Other government filings revealed If the employer promised to credit 5% in- next day, he says, his supervisors in Tulsa that whereas the year before, CSW had to set terest to employees’ account balances, it can came to his office and told him that CSW aside $30 million to fund its pension obliga- keep whatever it earned above that amount. management in Dallas was concerned that tions, after it made the mid-1997 switch it The company can use these earnings to fi- his remarks would ‘‘cause a class-action didn’t have to pay a dime to fund the pension nance other benefits, to pay for a work-force suit’’ or ‘‘uprising,’’ and said he shouldn’t plan. reduction, or—crucially—to cover future talk to any other employees. He says the su- PENSION LIGHT years’ contributions. This is why the switch pervisor, Peter Kissman, informed him that The switch to cash-balance pension plans— makes pension plans self-funding for many if he continued to challenge the new pension details later—is the biggest development in companies. plan, CSW officials would think he wasn’t a Although employers can do this with reg- the pension world in years, so big that some team player, and his job could be in jeop- ular pensions, the savings are grater and consultants call it revolutionary. Certainly, ardy. easier to measure in cash-balance plans. The Asked about this, Mr. Kissman says: ‘‘In many call it lucrative; one says such a pen- savings often transform an underfunded pen- my department I would not tolerate em- sion plan ought to be thought of as a profit sion plan into one that is fully funded. ployee harassment. I believe the company center. Not since companies dipped into pen- ‘‘Cash-balance plans have a positive effect on feels the same way. Past that, I really can’t sion funds in the 1980s to finance leveraged a company’s profitability,’’ says Joseph speak to this issue. It’s being investigated by buyouts, have corporate treasurers been so Davi, a benefits consultant at Towers Perrin the company.’’ abuzz over a pension technique. But its little-noticed dark side—one that in Stamford, Conn. They ‘‘could be consid- A FEW SWEETENERS many companies don’t make very clear to ered a profit center.’’ Employers, aware that switching to cash- employees, to say the least—is that a lot of MOTIVE FOR THE MOVE balance plans can slam older workers, often older workers will find their pensions cut, in Employers, however, are almost univer- offer features to soften the blow. They may some cases deeply. sally reticent about how they benefit. ‘‘Cost agree to contribute somewhat more than the So far, only the most financially sophisti- savings were not the reason the company standard 4% of pay for older employees, or cated employees have figured this out, be- switched to a cash-balance plan,’’ says Paul they may provide a ‘‘grandfather clause.’’ cause the formulas are so complex. Even the Douty, the compensation director at Mr. CSW offered both options, saying employees Labor Department and the Internal Revenue Bruggeman’s employer, CSW. Sure, the move 50 or older with 10 years of service could stay Service have trouble with them. So thou- resulted in substantial cost savings, he says, in the old plan if they wished. Mr. sands of employees, while acutely aware of but the company’s goal was to become more Bruggeman, a 25-year veteran, was just shy how the stock market affects their retire- competitive and adapt to changing times. of 49. He calculated that people in his situa- ment next eggs, are oblivious to the effect of Besides, he notes, the $20 million in pension- tion would see their pensions fall 50% under this change. (See related article on page C1.) plan savings last year were partly offset by the new plan, depending on when they re- One might get the impression, from the a $3 million rise in costs in the 401(k); the tired. rise of 401(k) retirement plans funded jointly company let employees contribute more and Mr. Bruggeman told company officials that by employer and employee, that pensions are increased its matching contributions. the plan wasn’t fair to some long-term em- a dead species. In fact, nearly all large em- There is another reason some employers ployees. Subsequently, he says, in his No- ployers still have pension plans, because like cash-balances plans: By redistributing vember 1997 performance evaluation, his su- pulling the plug would be too costly; the pension assets from older to younger work- pervisor’s only criticism was that he ‘‘spends company would have to pay out all accrued ers, they turn pension rights—which many too much time thinking about the pension benefits at once. Meanwhile, companies face young employees ignore since their pension plan.’’ A CSW official says the company growing obligations as the millions of baby is so far in the future—into appealing bene- can’t discuss personnel matters. boomers move into their peak pension-earn- fits today. At the same time, older workers What bothered Mr. Bruggeman even more ing years. lose a financial incentive to stay on the job, was his discovery of one of the least-known Now, however, employers have discovered a since their later years no longer can balloon features of cash-balance plans: Once enrolled substitute for terminating the pension plan; the pension. in them, some employees don’t earn any a restructuring that often makes it unneces- Some pension professionals think compa- more toward their pension for several years. sary ever to feed the plan again. nies should be more candid. ‘‘If what you The reasons are convoluted, but in a nut- PITFALLS FOR EMPLOYERS want to do is get rid of older workers, don’t shell: Most employees believe that opening But this financially appealing move has its mask it as an improvement to the pension balance in their new pension account equals risks. The IRS has never given its blessing to plan,’’ says Michael Pikelny, an employee- the credits they’ve earned so far under the some of the maneuvers involved. If employ- benefits specialist at Hartmarx Corp., an ap- old plan. But in fact, the balance often is ers don’t win a lobbying battle currently parel maker in Chicago that decided not to lower. When employers convert to a cash-balance being waged for exemptions from certain install a cash-balance plan. plan, they calculate a present-day, lump-sum pension rules, some of these plans could be in UNDER A MICROSCOPE value for the benefit each employee has al- for a costly fix. Most employees aren’t equipped to ques- ready earned. In Mr. Bruggeman’s case, this In addition, the way employers are han- tion what employers tell them. But Mr. was $352,000—something he discovered only dling the transition could result in em- Bruggeman was. He had a background in fi- after obtaining information from the com- ployee-relations backlashes as more and nance, his hobby was actuarial science, he pany and making the calculations himself. more older workers eventually figure out had taken graduate-level courses in statis- Yet Mr. Bruggeman’s opening account in the they are paying the price for the trans- tics and probability, and he knew CSW’s old cash-balance plan was just $296,000, because formation of traditional pension plans. pension plan inside and out. So when the the company figured it using different actu- In those traditional plans, most of the ben- company announce it was converting to a arial and other assumptions. efits build up in an employee’s later years. cash-balance plan last year, he began asking This is generally legal, despite a federal Typical formulas multiply years of service it for the documents and assumptions he law that bars companies from cutting al- by the average salary in the final years, needed to compare the old pension to the ready-earned pensions. If Mr. Bruggeman when pay usually is highest. As a result, as new one. quit, he would get the full $352,000, so the law much as half of a person’s pension is earned With each new bit of data, he gained an- isn’t violated. But if he stays, it will take in the last five years on the job. other insight. First, he figured out that fu- several years of pay credits and interest be- With the new plans, everyone gets the ture pension accruals had been reduced by at fore his balance gets back up to $352,000. same steady annual credit toward an even- least 30% for most employees. CSW got rid of tual pension, adding to his or her pension-ac- early-retirement and other subsidies and re- ‘‘WEARAWAY’’ count ‘‘cash balance.’’ Employers contribute duced the rates at which employees would Mr. Douty says this happened to fewer a percentage of an employee’s pay, typically accrue pensions in the future. than 2% of workers at CSW. But at some 4%. The balance earns an interest credit, Employees wouldn’t necessarily conclude companies that switch to cash-balance plans, usually around 5%. And it is portable when this from the brochures the human resources far more are affected. At AT&T Corp., which the employee leaves. department handed out. Like most employ- adopted a cash-balance plan this year, many For the young, 4% of pay each year is more ers that switch to cash-balances plans, CSW older workers will have to work three to than what they were accruing under the old assured employees that the overall level of eight years before their balance catches up plan. But for those nearing retirement, the retirement benefits would remain un- and they start building up their pension pot amount is far less. So an older employee who changed. But a close reading of the brochure again. ‘‘Wearaway,’’ this is called. Only if an is switched in to a cash-balance system can revealed that this result depended on em- employee knows what figures to ask for can find his or her eventual pension reduced by ployees’ putting more into their 401(k) plans, he or she make a precise comparison of old 20% or 50% or, in rare cases, even more. gradually making up for the reduction in and new benefits. This is one way companies save money pensions. Indeed, the difficulty of making compari- with the switch. The other is a bit more At a question-and-answer session on the sons has sometimes been portrayed as an ad- complicated. Companies can also benefit new plan before it was adopted, Mr. vantage of switching to cash-balance plans. from the way they invest the assets in the Bruggeman spoke up and told co-workers A partner at the consulting firm that in- cash-balance accounts. how their pensions were being reduced. The vented the plans in the 1980s told a client in S7824 CONGRESSIONAL RECORD — SENATE June 29, 1999 a 1989 letter: ‘‘One feature which might come bying for exemptions from certain pension the five to 10 years it can take to make up in handy is that it is difficult for employees rules. the difference. Edgar Pouk says the con- to compare prior pension benefit formulas to They say they aren’t worried. That’s be- tributions the company doesn’t have to the account balance approach.’’ cause ‘‘companies who now have these plans make during that time add up quickly. Asked to comment, the author of that line, are sufficiently powerful, sufficiently big and Mr. POUK. You’re talking about tens of Robert S. Byrne of Kwasha Lipton (now a have enough clout that they could get Con- thousands of dollars for each worker. You unit of PricewaterhouseCoopers), says, gress to bend the law . . . to protect their multiply that by thousands of workers and ‘‘Dwelling on old vs. new benefits is probably plans,’’ says Judith Mazo, a Washington- the employer saves millions of dollars. not something that’s a good way to go for- based senior vice president for consulting KORRY. Often older workers don’t know ward.’’ firm Segal Co. Regulators, meanwhile, are what happened. Some employers, however, At one company, employees did know how playing catch-up. Bottom line, Ms. Mazo are careful to point out the differences. Then to make comparisons. When Deloitte & Tou- says: ‘‘The plans are too big to fail.’’ older workers have a choice. They can re- che started putting a cash-balance plan in coup their losses, but only by quitting, in place last year, some older actuaries re- [From ‘‘Morning Edition,’’ Feb. 1, 1999] which case they would receive a lump-sum belled. The firm eventually allowed all who PROS AND CONS OF CASH BALANCE PLANS FOR payment equal to their old balance. So cash had already been on the staff when the cash- RETIREMENT SAVINGS balance plans may be an inducement for balance plan was adopted to stick with the older workers to leave. Olivia Mitchell (ph), BOB EDWARDS, host. This is NPR’s ‘‘Morn- old benefit if they wished. head of the Pension Research Council at the ing Edition.’’ I’m Bob Edwards. Wharton School, says recent changes in STRUGGLE AT CHASE A new type of pension program is becoming labor and law have given older workers many At Chase Manhattan Corp., two executives popular with the nation’s top employers. The more job protections than before, so employ- in the private-banking division hired an ac- program is called the cash balance plan. It’s ers are resorting to creative ways to ease tuary and calculated that their future pen- an innovative and complicated type of re- their older worker force out. sions had fallen 45% as a result of a conver- tirement account suitable for today’s mod- Ms. OLIVIA MITCHELL (Pension Research sion to a cash-balance plan by Chase prede- ern work force, especially many young mo- Council, Wharton School). They may be cessor Chemical Bank. ‘‘I would have had to bile employees. And that’s the problem. Crit- downsizing, they may be looking for a dif- work about 10 more years before I broke even ics warn cash balance plans benefit the ferent type of employee, perhaps with dif- and got a payout equal to my old pension,’’ young at the expense of older, longtime ferent skills, and so they’re taking the cash says one of the executives, John Healy, now workers. NPR’s Elaine Korry reports. balance plan as one of many human resource 61. ELAINE KORRY reporting. The traditional policies to essentially restructure the work He and colleague Nathan Davi say that pension plan so widespread a generation ago force. So it’s seen as a tool toward that end. after seven years of their complaints, Chase essentially promised long-term employees a KORRY. Companies that convert to cash agreed to give each a pension lump sum of secure monthly income when they reached about $487,000, which was roughly $72,000 balance plans can level the playing field so retirement age. Eric Lofgren (ph), head of that all employees benefit. Some companies more than what they would have received the benefits consulting group (ph) at Watson under the new cash-balance plan. Although a will guarantee their older workers a higher Wyatt (ph), says that type of pension made rate of return or allow them to keep the old Chase official initially said the bank had sense when people worked at the same job ‘‘never given any settlement to any em- plan until they retire. But those are vol- for decades. But, he says, great changes in untary measures that eat up the cost sav- ployee over the bank’s pension plans,’’ when the workplace have made those plans obso- told about correspondence about the Healy- ings. For now, regulators have not caught up lete. with the growing momentum toward the new Davi case, Chase said that a review had de- Mr. ERIC LOFGREN (Benefits Consulting plans. But according to attorney Edgar termined that about 1,000 employees could be Group, Watson Wyatt). The traditional plan Pouk, employers who don’t protect their eligible for additional benefits. ‘‘We amended does a very good job for about one person out older workers are running the risk of landing the plan so that it would cover all similarly of 20. But for the rest of us who have changed in court. situated employees,’’ a spokesman said. jobs a couple times in our career, the tradi- Mr. POUK. When you have a number of How many quiet arrangements have been tional plan really doesn’t deliver, because it reached is unknown. But employees are cur- years where the older worker receives no ad- rewards long career with one employer and ditional benefits that a plan is illegal per se, rently pressing class-action suits against that just isn’t the situation for most people. Georgia-Pacific Corp. and Cummins Engine because federal law prohibits zero accruals KORRY. The response of many large em- for any year of participation. Co.’s Onan Corp. subsidiary, alleging that ployers—so far about 300 of them—has been cash-balance plans illegally reduce pensions. KORRY. So far, the Internal Revenue Serv- to quietly switch to a new plan that turns ice has not given its blessing to cash balance (Both defendants are fighting the suits.) the traditional pension on its head. Lofgren, Judges have recently dismissed similar suits plans. Employers have mounted an intense who helps companies formulate these new lobbying effort to win a safe harbor within against Bell Atlantic Corp. and BankBoston cash balance plans, says they spread the N.A. pension law. On the other side, employees at wealth around so more employees prosper, a few large companies have lawsuits pending CONCERN AT THE IRS perhaps 19 out of 20. But that’s not the only against the conversions, and some congres- Not aware of any of this ferment, Mr. reason companies are lining up to make the sional leaders have expressed concern. Staff- Bruggeman in August 1998 filed his multiple- switch. Edgar Pouk (ph), a New York pension ers on the Senate Finance Committee are spreadsheet analysis of the CSW cash-bal- law attorney, says that the real winners in considering legislation that would at least ance plan with the IRS and the Labor De- these plan conversions are the employers. require employers to spell out what a pen- partment, asking them for a review. Soon Mr. EDGAR POUK (Pension Law Attorney). sion conversion would mean for older work- after, he says, a manager in CSW’s benefits They stand to gain by the change, and so ers. Elaine Korry, NPR News, San Francisco. department called him in and ‘‘wanted to they’re trying to sell it, and they sell it by know what it would take for me to drop all emphasizing the advantages of the conver- By Mr. STEVENS (for himself, this.’’ The answer wasn’t to be ‘‘grand- sion for younger workers, but not explaining Mr. LOTT, Mr. HOLLINGS, and fathered’’ and exempted from the new plan. the drawbacks, and serious drawbacks, for ‘‘I told him all I want is for the company to older workers. Mr. DORGAN): . . . be fair to employees,’’ he says, ‘‘It’s the KORRY. In fact, says Pouk, switching to a S. 1301. A bill to provide reasonable principle of the thing.’’ cash balance plan can cost older employees and non-discriminatory access to build- The manager couldn’t be reached for com- tens of thousands of dollars, a loss they may ings owned or used by the Federal gov- ment, but a CSW official says the company never figure out. This stuff is so technical, ernment for the provision of competi- takes complaints ‘‘very seriously and they’re many pension experts don’t understand it, tive telecommunications services by thoroughly investigated. In every part of let alone the average employee. In simple telecommunications carriers; to the this type of investigation an employee is terms, here’s what happens: Pension regula- Committee on Commerce, Science, and interviewed by a company representative, tions permit companies to use two different and in every initial interview the employee interest rates when calculating the value of Transportation. is asked for suggestions on what might be a the old pension vs. the opening balance of COMPETITIVE ACCESS TO FEDERAL BUILDINGS preferred solution.’’ the new one. Employers usually choose the ACT Even without Mr. Bruggeman’s input, the formula that favors them, even though it Mr. STEVENS. Mr. President, today IRS has a lot of cash-balance data on its leaves older workers worse off. A pension I introduce, along with Senators LOTT, plate. The agency is swamped with paper- balance of, say, $100,000 under the old plan HOLLINGS, and DORGAN, a bill to ensure work from hundreds of new plans seeking its might be worth only $70,000 when converted that the Federal Government stands approval, and applications are piling up. The to a cash balance plan. Right there, the older behind its pledge to foster true com- delay is due in part to concern at the IRS worker is down 30 grand. that such plans may violate various pension It gets worse. For some accounting pur- petition in the provision of local tele- laws, according to a person familiar with the poses, the employer can treat the $70,000 as if communications services. situation. Meanwhile, the consulting firms it were 100 grand. Then the employer can While competition in the local tele- that create the plans for companies are lob- freeze the account until the employee works communications sector is growing, new June 29, 1999 CONGRESSIONAL RECORD — SENATE S7825 entrants using terrestrial fixed wire- ing, and removing any facilities they promote the competitive provision of tele- less or satellite services lack of the sig- provide. communications services and information nificant advantages of incumbent local The bill will not adversely impact services; and the ability of Federal agencies to ob- (5) that the Federal government should en- exchange carriers when it comes to courage States to develop similar policies by gaining access to many buildings. This tain office space. Federal agency heads establishing as federal policy requirements is particularly true when it comes to may waive the requirements of this bill to promote non-discriminatory access to access to rooftops and to the internal if enforcement of the bill would result Federal buildings and commercial property risers and conduits linking the rooftop in the agency being unable to obtain used by agencies of the Federal government to the basement, where the access suitable space in a geographic area. so that taxpayers receive the benefits and point to the internal phone wiring is The President may also waive the cost savings from the competitive provision usually located. nondiscriminatory access provisions of telecommunications services and informa- In some instances these wireless for any building if they are determined tion services by telecommunications car- riers. local carriers are welcomed by building to be contrary to the interests of na- SEC. 3. ACCESS TO BUILDINGS FOR COMPETITIVE owners and landlords with open arms; tional security. TELECOMMUNICATIONS SERVICES however, more often than not they I look forward to working with NTIA, The National Telecommunications and In- meet resistance, are rejected, or just the General Services Administration, formation Administration Organization Act plain ignored. I believe the Federal and private building owners who have a (Title I of Public Law 102–538; 47 U.S.C. 901 et Government should do more to ensure leasing relationship with the Federal seq.) is amended— a level playing field for these new en- Government to carry out the purpose (1) in section 103(b)(2) (47 U.S.C. 902(b)(2)) of this bill. by adding at the end the following new sub- trants to compete on. paragraph: Our bill is designed to spur competi- My goal is to ensure that the Federal ‘‘(U) The authority to implement policies tion and to hopefully save taxpayer Government sets a good example. I for buildings and other structures owned or dollars. We focus in this legislation hope it will become the standard in the used by agencies of the Federal government only upon buildings owned by the Fed- private sector. Businesses should de- in order to provide for non-discriminatory eral Government or where the Federal mand that building owners provide access to such buildings and structures for Government is a lessee. every opportunity for competitive the provision of telecommunications services The inspiration of this bill comes choice in telecommunications pro- or information services by telecommuni- viders. cations carriers, and to advise the Commis- from States which have moved to en- sion on the development of policies for non- courage access by competitors. Con- Access to Federal buildings or a discriminatory access by such carriers to necticut and Texas have both enacted building that is housing Federal work- commercial property in general for the pro- measures to promote nondiscrim- ers should be encouraged. This bill is a vision of such services.’’; and inatory access by telecommunications further step in implementing the prom- (2) in section 105 (47 U.S.C. 904) by adding carriers to rooftops, risers, conduits, ise of the Telecommunications Act at the end the following new subsection: utility spaces, and points of entry and which Congress enacted. ‘‘(f) PROHIBITION ON DISCRIMINATORY AC- It will help ensure that telecommuni- CESS.— demarcation in order to promote the ‘‘(1) IN GENERAL.—No Federal agency shall competitive provision of telecommuni- cations providers can compete fairly on enter into a contract with the owner or oper- cations and information services. the basis of the cost and quality of the ator of any commercial property for the This bill takes a similar approach to services provided. rental or lease of all or some portion of such that enacted by the States, and re- I ask unanimous consent that the property unless the owner or operator per- quires that nondiscriminatory access text of the bill be printed in the mits non-discriminatory access to, and use be provided to all telecommunications RECORD. of, the rooftops, risers, telephone cabinets, carriers seeking to provide service to S. 1301 conduits, points of entry or demarcation for internal wiring, easements, rights of way, federally-owned buildings and build- Be it enacted by the Senate and the House of and all utility spaces in or on such commer- ings in which Federal agencies are ten- Representatives of the United States of America cial property, for the provision of tele- ants. The National Telecommuni- in Congress assembled, communications services or information cations and Information Administra- SECTION 1. SHORT TITLE. services by any telecommunications carrier tion of the Department of Commerce, This Act may be cited as the ‘‘Competitive that has obtained, where required, a Federal the NTIA, which is the Agency that co- Access to Federal Buildings Act’’. or state certificate of public convenience and ordinates telecommunications policy SEC. 2. FINDINGS necessity for the provision of such services, The Congress finds that— for Federal agencies, is tasked with im- and which seeks to provide or provides such (1) non-discriminatory access to, and use services to tenants (including, but not lim- plementing this requirement. of, the rooftops, risers, telephone cabinets, ited to, the Federal agency for which such Building owners can easily meet the conduits, points of entry or demarcation for rental or lease is made) of such property. requirements of this bill. They can ei- internal wiring, and all utility spaces in or Such owner or operator may— ther certify that they are already on federal buildings and commercial prop- ‘‘(A) charge a reasonable and nondiscrim- bound to provide nondiscriminatory ac- erty is essential to the competitive provision inatory fee (which shall be based on the com- cess under State law or they can com- of telecommunications services and informa- mercial rental value of the space actually mit in writing that they will provide tion services; used by the telecommunications carrier) for (2) incumbent telecommunications carriers such access and use; such access as a matter of contract. often enjoy access to such buildings and ‘‘(B) impose reasonable and non-discrimi- This bill does not mandate that every property through historic rights of way that natory requirements necessary to protect building must use the services of these were developed before the advent of new the safety and condition of the property, and new competitors. What it does say is means of providing such services, in par- the safety and convenience of tenants and that the Federal Government should ticular the provision of such services using other persons (including hours when entry lead by example. terrestrial fixed wireless or satellite services and work may be conducted on the prop- This bill does not mandate a takings. that enter a building through equipment lo- erty); Owners and operators can charge a cated on rooftops; ‘‘(C) require the telecommunications car- (3) the National Telecommunications and nondiscriminatory fee for the rooftop rier to indemnify the owner or operator for Information Administration is the Federal damage caused by the installation, mainte- and conduit space these technologies agency tasked with developing policies for nance, or removal of any facilities of such use to provide local service—which I the efficient and competitive use of emerg- carrier; and am encouraged to say is quite small. ing technologies that combine spectrum use ‘‘(D) require the telecommunications car- Owners and operators may impose with the convergence of communications and rier to bear the entire cost of installing, op- reasonable requirements to protect the computer technologies for the utilization of erating, maintaining, and removing any fa- safety of the tenants and the condition telecommunications services and informa- cilities of such carrier. of the property. tion services by federal agencies; ‘‘(2) STATE LAW OR CONTRACTUAL OBLIGA- (4) that several States, for example Con- TION REQUIRED.—No Federal agency shall Any damage caused as a result of in- necticut and Texas, have already enacted enter into a contract with the owner or oper- stalling these services will be borne by measures to promote non-discriminatory ac- ator of any commercial property for the the telecommunications carrier. cess by telecommunications carriers to roof- rental or lease of all or some portion of such The carriers must pay for the entire tops, risers, conduits, utility spaces, and property unless the owner or operator sub- cost of installing, operating, maintain- points of entry and demarcation in order to mits to such agency a notarized statement S7826 CONGRESSIONAL RECORD — SENATE June 29, 1999 that such owner or operator is obligated cy with authority under other law to impose S. 1303. A bill to amend the Internal under State law, or is obligated or will un- such restrictions or requirements on the pro- Revenue Code of 1986 to modify certain dertake an obligation through a contractual vision of telecommunications services or the provisions relating to the treatment of facilities used to provide such services. commitment with each telecommunication forestry activities; to the Committee carrier providing or seeking to provide serv- ‘‘(B) Refusal by an owner to provide access ice, to resolve any disputes between such to a telecommunications carrier seeking to on Finance. telecommunication carriers and such owner provide telecommunications services or in- THE REFORESTATION TAX ACT OF 1999 or operator that may arise regarding access formation services to a commercial property Mr. MURKOWSKI. Mr. President, on to the commercial property or the provision due to a demonstrated lack of available June 17, I introduced bipartisan legisla- of competitive telecommunications services space at a commercial property on a rooftop or in a riser, telephone cabinet, conduit, tion (1240) providing capital gains for or information services to tenants of such the forest products industry and lifting property. To meet the requirements of this point of entry or demarcation for internal paragraph such State process or contractual wiring, or utility space due to existing occu- the existing cap on the reforestation commitment must— pation of such space by two or more tele- tax credit and amortization provisions ‘‘(A) provide an effective means for resolu- communications carriers providing service of the tax Code. tion of disputes within 30 days (unless other- to that commercial property shall not be a Unfortunately, because of a clerical wise required by State law or agreed by the violation of paragraphs (1)(B) or (2)(D) if the error, the section of the bill that lifted owner has made reasonable efforts to permit parties involved), either through arbitration access by such telecommunications carrier the cap on the tax credit and the amor- or order of a State agency or through bind- to any space that is available. tization provisions of the Code was in- ing arbitration; ‘‘(6) DEFINITIONS.—For the purposes of this advertently omitted from the bill. ‘‘(B) permit the telecommunications car- subsection the term— Today I am reintroducing the bill as it rier to initiate service or continue service ‘‘(A) ‘Federal agency’ shall mean any exec- while any dispute is pending; was originally intended to be drafted. utive agency or any establishment in the I ask unanimous consent that the ‘‘(C) provide that any fee charged for ac- legislative or judicial branch of the Govern- cess to, or use of, building space (including ment; text of the bill be printed in the conduits, risers, and utility closets), ease- ‘‘(B) ‘commercial property’ shall include RECORD. ments or rights of way, or rooftops to pro- any buildings or other structures offered, in There being no objection, the bill was vide telecommunications service or informa- whole or in part, for rent or lease to any Fed- ordered to be printed in the RECORD, as tion service be reasonable and applied in a eral agency; follows: non-discriminatory manner to all providers ‘‘(C) ‘incumbent local exchange carrier’ of such service, including the incumbent shall have the same meaning given such S. 1303 local exchange carrier; and term in section 251(h) of the Communica- Be it enacted by the Senate and House of ‘‘(D) provide that requirements with re- tions Act of 1934 (47 U.S.C. 251(h)); and Representatives of the United States of America spect to the condition of the property are ‘‘(D) ‘information service,’ ‘telecommuni- in Congress assembled, limited to those necessary to ensure that the cations carrier,’ and ‘telecommunications SECTION 1. SHORT TITLE. value of the property is not diminished by service’ shall have the same meaning given This Act may be cited as the ‘‘Reforest- the installation, maintenance, or removal of such terms, respectively, in section 3 of the ation Tax Act of 1999’’. Communications Act of 1934 (47 U.S.C. 153).’’. the facilities of the telecommunications car- SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR rier, and do not require the telecommuni- SEC. 4. APPLICATION TO PUBLIC BUILDINGS. TIMBER. cations carrier to improve the condition of Within six months after the date of enact- (a) IN GENERAL.—Part I of subchapter P of the property in order to obtain access or use. ment of this Act the Secretary of Commerce, chapter 1 of the Internal Revenue Code of ‘‘(3) EFFECTIVE DATE.—Paragraphs (1) and acting through the Assistant Secretary of 1986 (relating to treatment of capital gains) (2) shall take effect six months after the date Commerce for Telecommunications and In- is amended by adding at the end the fol- of enactment of this subsection for all lease formation, shall promulgate final rules, after lowing new section: or rental agreements entered into or renewed notice and opportunity for public comment, to apply the requirements of section 105(f) of ‘‘SEC. 1203. PARTIAL INFLATION ADJUSTMENT by any Federal agency after such date. FOR TIMBER. the National Telecommunications and Infor- ‘‘(4) WAIVER PERMITTED.—The requirements ‘‘(a) IN GENERAL.—At the election of any mation Administration Organization Act, as of paragraphs (1) or (2) may be waived on a taxpayer who has qualified timber gain for added by this Act, to all buildings and other case by case basis— any taxable year, there shall be allowed as a structures owned or operated by any Federal ‘‘(A) by the head of the agency seeking deduction from gross income an amount agency. In promulgating such rules the As- space in a commercial property upon a deter- equal to the qualified percentage of such sistant Secretary may, at the direction of mination, which shall be made in writing gain. the President, exempt any buildings or and be available to the public upon request, ‘‘(b) QUALIFIED TIMBER GAIN.—For purposes structures owned or operated by a Federal that such requirements would result in the of this section, the term ‘qualified timber affected agency being unable, in that par- agency if the application of such require- ments would be contrary to the interests of gain’ means gain from the disposition of tim- ticular case, to obtain any space suitable for ber which the taxpayer has owned for more the needs of that agency in that general geo- national security. The Assistant Secretary shall coordinate the promulgation of the than 1 year. graphic area; or ‘‘(c) QUALIFIED PERCENTAGE.—For purposes ‘‘(B) by the President upon a finding that rules required by this section with the Ad- ministrator of the General Services Adminis- of this section, the term ‘qualified percent- waiver of such requirements is necessary to age’ means the percentage (not exceeding 50 obtain space for the affected agency in that tration and the heads of any establishments in the legislative and judicial branches of percent) determined by multiplying— particular case, and that enforcement of ‘‘(1) 3 percent, by such requirements in that particular case government which are responsible for build- ings and other structures owned or operated ‘‘(2) the number of years in the holding pe- would be contrary to the interests of na- riod of the taxpayer with respect to the tim- tional security. by such establishments. Such rules may in- clude any requirements for identification, ber. Any determination under subparagraph (A) background checks, or other matters nec- ‘‘(d) ESTATES AND TRUSTS.—In the case of may be appealed by any affected tele- essary to ensure access by telecommuni- an estate or trust, the deduction under sub- communications carrier to the Assistant cations carriers under this section does not section (a) shall be computed by excluding Secretary, who shall review the agency de- compromise the safety and security of agen- the portion of (if any) the gains for the tax- termination and issue a decision upholding cy operations in government owned or oper- able year from sales or exchanges of capital or revoking the agency determination within ated buildings or structures. For the pur- assets which, under sections 652 and 662 (re- 30 days of an appeal being filed. The burden poses of this section, the term ‘‘Federal lating to inclusions of amounts in gross in- shall be on the agency head to demonstrate agency’’ shall have the same meaning given come of beneficiaries of trusts), is includible through the written determination that all such term in section 105(f)(6) of the National by the income beneficiaries as gain derived reasonable efforts had been made to find Telecommunications and Information Ad- from the sale or exchange of capital assets.’’ suitable alternative space for the agency’s ministration Organization Act, as added by (b) COORDINATION WITH MAXIMUM RATES OF needs before the waiver determination was this Act. TAX ON NET CAPITAL GAINS.— made. The Assistant Secretary shall revoke (1) Section 1(h) of such Code (relating to any agency determination made without all By Mr. MURKOWSKI (for him- maximum capital gains rate) is amended by reasonable efforts being made. The decision self, Mr. BREAUX, Mr. GORTON, adding at the end the following new para- of the Assistant Secretary shall be binding Mr. COCHRAN, Mr. HUTCHINSON, graph: on the agency whose waiver determination ‘‘(14) QUALIFIED TIMBER GAIN.—For pur- Ms. COLLINS, Mrs. LINCOLN, Mr. was appealed. poses of this section, net capital gain shall ‘‘(5) Limitations.— SHELBY, Ms. SNOWE, Mrs. MUR- be determined without regard to qualified ‘‘(A) Nothing in this subsection shall waive RAY, Mr. SESSIONS, Mr. SMITH of timber gain (as defined in section 1203) with or modify any requirements or restrictions Oregon, Mrs. HUTCHISON, Mr. respect to which an election is in effect imposed by any Federal, state, or local agen- GRAMS, and Ms. LANDRIEU): under section 1203.’’ June 29, 1999 CONGRESSIONAL RECORD — SENATE S7827

(2) Subsection (a) of section 1201 of such section (b) and by redesignating subsections S. 765 Code (relating to the alternative tax for cor- (c) and (d) as subsections (b) and (c), respec- At the request of Ms. COLLINS, the porations) is amended by inserting at the tively. names of the Senator from Wisconsin end the following new sentence: (2) Subsection (b) of section 194 of such (Mr. FEINGOLD) and the Senator from ‘‘For purposes of this section, net capital Code (as redesignated by paragraph (1)) is California (Mrs. BOXER) were added as gain shall be determined without regard to amended by striking paragraph (4). qualified timber gain (as defined in section (3) Paragraph (1) of section 48(b) of such cosponsors of S. 765, a bill to ensure the 1203) with respect to which an election is in Code is amended by striking ‘‘(after the ap- efficient allocation of telephone num- effect under section 1203.’’ plication of section 194(b)(1))’’. bers. (c) ALLOWANCE OF DEDUCTION IN COMPUTING (c) EFFECTIVE DATE.—The amendments S. 796 ADJUSTED GROSS INCOME.—Subsection (a) of made by this section shall apply to additions At the request of Mr. WELLSTONE, the section 62 of such Code (relating to definition to capital account made after December 31, of adjusted gross income) is amended by in- 1998. name of the Senator from Delaware serting after paragraph (17) the following f (Mr. BIDEN) was added as a cosponsor of new paragraph: S. 796, a bill to provide for full parity ‘‘(18) PARTIAL INFLATION ADJUSTMENT FOR ADDITIONAL COSPONSORS with respect to health insurance cov- TIMBER.—The deduction allowed by section S. 348 erage for certain severe biologically- 1203.’’ At the request of Ms. SNOWE, the based mental illnesses and to prohibit (d) TECHNICAL AMENDMENTS.— name of the Senator from Connecticut limits on the number of mental illness- (1) Subparagraph (B) of section 172(d)(2) of such Code is amended to read as follows: (Mr. DODD) was added as a cosponsor of related hospital days and outpatient ‘‘(B) the exclusion under section 1202 and S. 348, a bill to authorize and facilitate visits that are covered for all mental the deduction under section 1203 shall not be a program to enhance training, re- illnesses. allowed.’’ search and development, energy con- S. 894 (2) The last sentence of section 453A(c)(3) of servation and efficiency, and consumer At the request of Mr. CLELAND, the such Code is amended by striking ‘‘(which- education in the oilheat industry for name of the Senator from Arkansas ever is appropriate)’’ and inserting ‘‘or the the benefit of oilheat consumers and (Mrs. LINCOLN) was added as a cospon- deduction under section 1203 (whichever is the public, and for other purposes. appropriate)’’. sor of S. 894, a bill to amend title 5, (3) Section 641(c)(2)(C) of such Code is S. 386 United States Code, to provide for the amended by inserting after clause (iii) the At the request of Mr. GORTON, the establishment of a program under following new clause: name of the Senator from New York which long-term care insurance is ‘‘(iv) The deduction under section 1203.’’ (Mr. MOYNIHAN) was added as a cospon- made available to Federal employees (4) The first sentence of section 642(c)(4) of sor of S. 386, a bill to amend the Inter- and annuitants, and for other purposes. such Code is amended to read as follows: ‘‘To nal Revenue Code of 1986 to provide for S. 916 the extent that the amount otherwise allow- tax-exempt bond financing of certain At the request of Mr. GRAMS, the able as a deduction under this subsection electric facilities. consists of gain described in section 1202(a) name of the Senator from Colorado or qualified timber gain (as defined in sec- S. 566 (Mr. CAMPBELL) was added as a cospon- tion 1203(b)), proper adjustment shall be At the request of Mr. LUGAR, the sor of S. 916, a bill to amend the Agri- made for any exclusion allowable under sec- names of the Senator from Texas (Mrs. cultural Market Transition Act to re- tion 1202, and any deduction allowable under HUTCHISON) and the Senator from peal the Northeast Interstate Dairy section 1203, to the estate or trust.’’ Texas (Mr. GRAMM) were added as co- Compact provision. (5) The last sentence of section 643(a)(3) of sponsors of S. 566, a bill to amend the S. 921 such Code is amended to read as follows: Agricultural Trade Act of 1978 to ex- ‘‘The exclusion under section 1202 and the de- At the request of Mr. ABRAHAM, the empt agricultural commodities, live- duction under section 1203 shall not be taken names of the Senator from Mississippi stock, and value-added products from into account.’’ (Mr. COCHRAN) and the Senator from (6) The last sentence of section 643(a)(6)(C) unilateral economic sanctions, to pre- Alaska (Mr. MURKOWSKI) were added as of such Code is amended by inserting ‘‘(i)’’ pare for future bilateral and multilat- cosponsors of S. 921, a bill to facilitate before ‘‘there shall’’ and by inserting before eral trade negotiations affecting and promote electronic commerce in the period ‘‘, and (ii) the deduction under United States agriculture, and for securities transactions involving section 1203 (relating to partial inflation ad- other purposes. justment for timber) shall not be taken into broker-dealers, transfer agents and in- S. 664 account’’. vestment advisers. At the request of Mr. CHAFEE, the (7) Paragraph (4) of section 691(c) of such S. 978 Code is amended by inserting ‘‘1203,’’ after name of the Senator from Iowa (Mr. ‘‘1202,’’. GRASSLEY) was added as a cosponsor of At the request of Mr. WARNER, the (8) The second sentence of paragraph (2) of S. 664, a bill to amend the Internal name of the Senator from Virginia (Mr. section 871(a) of such Code is amended by Revenue Code of 1986 to provide a cred- ROBB) was added as a cosponsor of S. striking ‘‘section 1202’’ and inserting ‘‘sec- it against income tax to individuals 978, a bill to specify that the legal pub- tions 1202 and 1203’’. who rehabilitate historic homes or who lic holiday known as Washington’s (e) CLERICAL AMENDMENT.—The table of Birthday be called by that name. sections for part I of subchapter P of chapter are the first purchasers of rehabilitated S. 1074 1 of such Code is amended by adding at the historic homes for use as a principal end the following new item: residence. At the request of Mr. TORRICELLI, the name of the Senator from New York ‘‘Sec. 1203. Partial inflation adjustment for S. 680 timber.’’ At the request of Mr. CLELAND, his (Mr. SCHUMER) was added as a cospon- sor of S. 1074, a bill to amend the So- (f) EFFECTIVE DATE.—The amendments name was added as a cosponsor of S. made by this section shall apply to sales or 680, a bill to amend the Internal Rev- cial Security Act to waive the 24- exchanges after December 31, 1998. enue Code of 1986 to permanently ex- month waiting period for medicare cov- SEC. 3. AMORTIZATION OF REFORESTATION EX- tend the research credit, and for other erage of individuals with amyotrophic PENDITURES AND REFORESTATION purposes. lateral sclerosis (ALS), and to provide TAX CREDIT. S. 761 medicare coverage of drugs and (a) DECREASE IN AMORTIZATION PERIOD.— At the request of Mr. ABRAHAM, the biologicals used for the treatment of (1) IN GENERAL.—Section 194(a) of the Inter- ALS or for the alleviation of symptoms nal Revenue Code of 1986 is amended by names of the Senator from New Jersey striking ‘‘84 months’’ and inserting ‘‘60 (Mr. TORRICELLI) and the Senator from relating to ALS. months’’. Minnesota (Mr. GRAMS) were added as S. 1088 (2) CONFORMING AMENDMENT.—Section cosponsors of S. 761, a bill to regulate At the request of Mr. KYL, the name 194(a) of such Code is amended by striking interstate commerce by electronic of the Senator from Arizona (Mr. ‘‘84-month period’’ and inserting ‘‘60-month means by permitting and encouraging MCCAIN) was added as a cosponsor of S. period’’. (b) REMOVAL OF CAP ON AMORTIZABLE the continued expansion of electronic 1088, a bill to authorize the Secretary BASIS.— commerce through the operation of of Agriculture to convey certain ad- (1) Section 194 of the Internal Revenue free market forces, and for other pur- ministrative sites in national forests in Code of 1986 is amended by striking sub- poses. the State of Arizona, to convey certain S7828 CONGRESSIONAL RECORD — SENATE June 29, 1999 land to the City of Sedona, Arizona for SENATE CONCURRENT RESOLUTION 22 S. 516, the Electric Utility Restruc- a wastewater treatment facility, and At the request of Mr. DODD, the name turing Empowerment and Competitive- for other purposes. of the Senator from Rhode Island (Mr. ness Act of 1999; S. 1047, the Com- S. 1118 REED) was added as a cosponsor of Sen- prehensive Electricity Competition At the request of Mr. MCCAIN, his ate Concurrent Resolution 22, a concur- Act; S. 1273, a bill to amend the Fed- name was added as a cosponsor of S. rent resolution expressing the sense of eral Power Act to facilitate the transi- 1118, a bill to amend the Agricultural the Congress with respect to promoting tion to more competitive and efficient Market Transition Act to convert the coverage of individuals under long- electric power markets, and for other price support program for sugarcane term care insurance. purposes; and S. 1284, a bill to amend and sugar beets into a system of solely SENATE CONCURRENT RESOLUTION 34 the Federal Power Act to ensure that recourse loans to provide for the grad- At the request of Mr. SPECTER, the no State may establish, maintain or ual elimination of the program. name of the Senator from Minnesota enforce on behalf of any electric utility S. 1133 (Mr. GRAMS) was added as a cosponsor an exclusive right to sell electric en- At the request of Mr. GRAMS, the of Senate Concurrent Resolution 34, a ergy or otherwise unduly discriminate name of the Senator from North Da- concurrent resolution relating to the against any customer who seeks to kota (Mr. CONRAD) was added as a co- observance of ‘‘In Memory’’ Day. purchase electric energy in interstate commerce from any supplier. sponsor of S. 1133, a bill to amend the SENATE RESOLUTION 91 The PRESIDING OFFICER. Without Poultry Products Inspection Act to At the request of Mr. SANTORUM, the cover birds of the order Ratitae that name of the Senator from Oklahoma objection, it is so ordered. are raised for use as human food. (Mr. INHOFE) was added as a cosponsor COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS S. 1185 of Senate Resolution 91, a resolution Mr. DOMENICI. Mr. President, I ask At the request of Mr. ABRAHAM, the expressing the sense of the Senate that name of the Senator from Utah (Mr. Jim Thorpe should be recognized as the unanimous consent that the full Com- mittee on Environment and Public BENNETT) was added as a cosponsor of ‘‘Athlete of the Century’’. Works be granted permission to con- S. 1185, a bill to provide small business SENATE RESOLUTION 95 duct a business meeting to mark up (1) certain protections from litigation ex- At the request of Mr. THURMOND, the cesses and to limit the product liabil- S. 1100, a bill to amend the Endangered names of the Senator from North Caro- Species Act of 1973 to provide that the ity of non-manufacturer product sell- lina (Mr. HELMS), the Senator from Illi- ers. designation of critical habitat for en- nois (Mr. FITZGERALD), and the Senator dangered and threatened species be re- S. 1266 from Hawaii (Mr. INOUYE) were added quired as part of the development of re- At the request of Mr. GORTON, the as cosponsors of Senate Resolution 95, covery plans for those species; (2) Nom- name of the Senator from Idaho (Mr. a resolution designating August 16, ination of Timothy Fields, Jr., nomi- CRAIG) was added as a cosponsor of S. 1999, as ‘‘National Airborne Day.’’ nated by the President to be Assistant 1266, a bill to allow a State to combine SENATE RESOLUTION 98 Administrator, Office of Solid Waste, certain funds to improve the academic At the request of Mr. DOMENICI, the Environmental Protection Agency; and achievement of all its students. name of the Senator from Michigan (3) Committee Budget Resolution. The S. 1268 (Mr. ABRAHAM) was added as a cospon- meeting is scheduled for Tuesday, June At the request of Mr. HARKIN, the sor of Senate Resolution 98, a resolu- 29, 10:00 a.m., Hearing Room (SD–406). name of the Senator from Pennsyl- tion designating the week beginning The PRESIDING OFFICER. Without vania (Mr. SPECTER) was added as a co- October 17, 1999, and the week begin- objection, it is so ordered. sponsor of S. 1268, a bill to amend the ning October 15, 2000, as ‘‘National COMMITTEE ON FINANCE Public Health Service Act to provide Character Counts Week.’’ Mr. DOMENICI. Mr. President, the support for the modernization and con- SENATE RESOLUTION 109 Finance Committee requests unani- struction of biomedical and behavioral At the request of Mr. BROWNBACK, the mous consent to conduct a hearing on research facilities and laboratory in- name of the Senator from Pennsyl- Tuesday, June 29, 1999 beginning at strumentation. vania (Mr. SANTORUM) was added as a 10:00 a.m. in room 215 Dirksen. S. 1269 cosponsor of Senate Resolution 109, a The PRESIDING OFFICER. Without At the request of Mr. MCCONNELL, resolution relating to the activities of objection, it is so ordered. the name of the Senator from Okla- the National Islamic Front government COMMITTEE ON HEALTH, EDUCATION, LABOR AND homa (Mr. NICKLES) was added as a co- in Sudan. PENSIONS sponsor of S. 1269, a bill to provide that SENATE RESOLUTION 111 Mr. DOMENICI. Mr. President, I ask the Federal Government and States At the request of Mr. GRAHAM, the unanimous consent that the Com- shall be subject to the same procedures name of the Senator from Rhode Island mittee on Health, Education, Labor, and substantive laws that would apply (Mr. CHAFEE) was added as a cosponsor and Pensions be authorized to meet for to persons on whose behalf certain civil of Senate Resolution 111, a resolution a hearing on ‘‘ESEA: Arts Education actions may be brought, and for other designating June 6, 1999, as ‘‘National and Magnet Schools’’ during the ses- purposes. Child’s Day.’’ sion of the Senate on Tuesday, July 29, S. 1272 f 1999, at 9:30 a.m. At the request of Mr. NICKLES, the The PRESIDING OFFICER. Without names of the Senator from North Caro- AUTHORITY FOR COMMITTEES TO objection, it is so ordered. lina (Mr. HELMS) and the Senator from MEET SUBCOMMITTEE ON FOREST AND PUBLIC LAND Minnesota (Mr. GRAMS) were added as COMMITTEE ON ENERGY AND NATURAL MANAGEMENT cosponsors of S. 1272, a bill to amend RESOURCES Mr. DOMENICI. Mr. President, I ask the Controlled Substances Act to pro- Mr. DOMENICI. Mr. President, I ask unanimous consent that the Sub- mote pain management and palliative unanimous consent that the Com- committee on Forests & Public Land care without permitting assisted sui- mittee on Energy and Natural Re- Management of the Committee on En- cide and euthanasia, and for other pur- sources be granted permission to meet ergy and Natural Resources be granted poses. during the session of the Senate on permission to meet during the session SENATE JOINT RESOLUTION 21 Tuesday, June 29, for purposes of con- of the Senate on Tuesday, June 29, for At the request of Ms. SNOWE, the ducting a full committee hearing purposes of conducting a hearing which name of the Senator from Vermont which is scheduled to begin at 9:30 a.m. is scheduled to begin at 2:30 p.m. the (Mr. LEAHY) was added as a cosponsor The purpose of this hearing is to re- purpose of this oversight hearing is to of Senate Joint Resolution 21, a joint ceive testimony on S. 161, the Power receive testimony on fire preparedness resolution to designate September 29, Marketing Administration Reform Act on Federal lands. 1999, as ‘‘Veterans of Foreign Wars of of 1999; S. 282, the Transition to Com- The PRESIDING OFFICER. Without the United States Day.’’ petition in the Electric Industry Act; objection, it is so ordered. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7829 SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND reducing and preventing violent acts within S. 254 will also help to deter SPACE committed by our nation’s youth. gang involvement by imposing stiff Mr. DOMENICI. Mr. President, I ask In 1997, young people under the age of penalties on anyone who recruits a unanimous consent that the Sub- eighteen represented 17 percent of all minor to become a member of a crimi- committee on Science, Technology, violent arrests; 50 percent of all arson nal street gang, or who uses a minor to and Space of the Senate Committee on arrests; 37 percent of burglary arrests; distribute illegal drugs or participate Commerce, Science, and Transpor- and 14 percent of murder arrests. Over- in crimes of violence—common activi- tation be authorized to meet on Tues- all in 1997, law enforcement agencies ties of gangs. By imposing enhanced day, June 29, 1999, at 2:30 P.M. on made approximately 2.8 million arrests penalties on those who wear body NOAA, U.S. Fire Administration, and of persons under the age of eighteen. armor during crimes and prohibiting Earthquake Hazards Reduction Pro- These sobering statistics indicate the violent felons from owning body armor, gram reauthorization need to combat youth violence in we will also help to protect the lives of The PRESIDING OFFICER. Without America to ensure that the young of- law enforcement officers who put their objection, it is so ordered. fenders of today do not become the ca- f lives on the line each day protecting reer criminals of tomorrow. our communities from the threat of ADDITIONAL STATEMENTS For these reasons, I am pleased to have voted for passage of S. 254, the gang violence. ‘‘Violent and Repeat Juvenile Offender As someone who has always sup- TRIBUTE TO RABBI MOSHE Accountability and Rehabilitation ported the important role of local com- SHERER Act.’’ I believe that many of the provi- munities in developing anti-crime ∑ Mr. KENNEDY. Mr. President, it is a sions within this legislation will hold strategies, I am pleased that the Sen- privilege to join in this tribute to violent juvenile offenders accountable ate modified this legislation to encour- Rabbi Moshe Sherer. To all of us who for their actions and also integrate age the active role of State Advisory knew him and worked with him, Rabbi many young offenders back into their Groups (SAGs) as part of the juvenile Sherer was a great friend, a great lead- communities. We should all recognize justice system. I am hopeful that the er, and a great champion of democracy that federal legislation is not a ‘‘silver conference report to this legislation and freedom. bullet’’ solution to the problem of will preserve the same level of respon- Rabbi Sherer was an inspiration to youth violence, and that our response sibility for SAGs as provided under all of us, especially in his work on im- to this epidemic is only one aspect of current law. migration and religious freedom. He nationwide efforts to reduce and pre- In my home state, the Minnesota Ju- worked skillfully and tirelessly to free vent violent juvenile crime. venile Justice Advisory Committee prisoners of conscience in the former Among its most significant provi- sions, this bipartisan legislation will (JJAC) is composed of twenty-two indi- Soviet Union, to reunite divided fami- viduals appointed by the Governor, in- lies, and to protect freedom of religion provide assistance to Minnesota and other states to help develop local pro- cluding local prosecutors, students, po- across the globe. lice chiefs, judges, and state agency Even in the darkest hours of com- grams that hold young criminal offend- ers accountable for their actions, in- personnel, representative of commu- munism, Rabbi Sherer was an eloquent nities throughout Minnesota. In 1998, advocate for the right of the oppressed cluding such reforms as drug testing offenders upon arrest; implementing JJAC awarded more than $1 million in to leave the Soviet Union. He had an federal funds to community-based or- enduring belief that the freedom to graduated sanction programs for repeat offenders; and building detention facili- ganizations, schools, Indian reserva- emigrate to escape persecution is one tions, and local law enforcement agen- of the most basic and fundamental ties for juvenile offenders. Equally im- cies to help develop effective and inno- human rights. portant, states will also be empowered vative juvenile offender programs. As the President of Agudath Israel of to prevent juvenile delinquency America for over three decades, Rabbi through initiatives such as one-on-one Statewide, more than 40,000 youth and Sherer was instrumental in developing mentoring programs aimed toward at- their families were served by local pro- that organization into a powerful force risk juveniles and providing treatment grams identified and evaluated by for justice in our nation and across the for juveniles who suffer from substance JJAC last year. I ask that a list of the world. He inspired us all with his gen- abuse. Minnesota Juvenile Justice Advisory erous spirit of tolerance, his extraor- Mr. President, this measure also ad- Committee membership and a letter to dinary knowledge and understanding, dresses an area of increasing concern me from the JJAC Vice-Chair be in- and his deep commitment to human to communities in my home state of cluded as part of the RECORD following rights and religious freedom. Minnesota—gang violence. Today, my remarks. We are fortunate to have worked there are more than 12,000 gang mem- Mr. President, over the last several with Rabbi Sherer, and we mourn his bers in Minnesota, the nation’s tenth- months, I have given careful thought loss. His brilliant legacy will continue highest level of gang participation. to the aspects of our society that may to be an inspiration for future genera- Throughout Minnesota, many com- contribute to incidents of juvenile tions. We miss his leadership and we munities have developed programs to crime, including the influence of the miss his friendship.∑ stop the spread of gang activity, in- entertainment industry upon young f cluding the ‘‘South Metro Gang and people. My concerns are underscored by Youth Violence Project’’ sponsored by JUVENILE CRIME IN AMERICA a recent e-mail I received from Andrew Carver, Dakota and Scott counties. Backenstross, a young Minnesotan and Mr. GRAMS. Mr. President, I rise ∑ Among its achievements, this project Boy Scout who is working on his Citi- today to express my support for the re- has developed a computerized database zenship in the Nation merit badge in cent passage by the Senate of S. 254, to identify gang members, established the community of White Bear Lake. the ‘‘Violent and Repeat Offender Ac- a telephone hotline for graffiti re- countability and Rehabilitation Act of moval, and formed the ‘‘South Metro Andrew wrote, ‘‘All my teachers say 1999.’’ Gang Task Force,’’ through which law that school should be a safe place to go One of the most complex issues fac- enforcement agencies meet monthly to and study. But Colorado and other ing our society is how communities share information regarding gang ac- places show us how exposed we are and confront the troubling trends in vio- tivity in their jurisdictions. Through that it could happen to us. Public lent crime committed by young people. education, training and other commu- schools need to be able to discipline or In particular, the recent tragedy in nity initiatives, this program has remove anyone who is not a threat or Littleton, Colorado underscores that begun to tackle the threat of gang and will not meet standards. Metal detec- all elements of our society, including youth violence. tors, searches and police walking the parents, faith-based organizations, In my view, the federal government halls is not the answer. That was not local officials, educators, students, and can supplement local anti-gang initia- needed when my Dad went to school. law enforcement officials should be en- tives by vigorously enforcing federal People thought differently. We have to couraged to work together to develop laws designed to combat interstate ask, what has changed? Maybe we are innovative and effective solutions to gang crime. The anti-gang provisions being conditioned for violence. S7830 CONGRESSIONAL RECORD — SENATE June 29, 1999 ‘‘My parents have taught me about transactions at gun shows while also and Passaic County Community Col- standards, acceptable behavior and re- addressing the public safety concerns lege; the Felician College Founders spect for myself and others. Maybe of millions of Americans. In my view, Day Award; the Paterson Historic more help could be given to parents to this proposal was more reasonable than Preservation Commission’s Heritage be parents. Maybe if they didn’t have a more-restrictive proposal by Senator Award; and the Palestinian Heritage to give so much of their income away LAUTENBERG that was later passed by Foundation Humanitarian Award. in taxes they could afford to stay home the Senate. Sister Jane’s retirement presents a and be parents.’’ Mr. President, I believe the Senate huge challenge. We have the legacy of In response to the concerns expressed passage of this bill is an important her intellect and passion; we have the by young people such as Andrew, and contribution to the national response solid foundation of her three decades of thousands of parents, I am pleased that to youth violence. The 106th Congress guidance; we have her enduring vision; the Senate bill encourages the enter- should seize the opportunity to pass but we will need an extraordinary tal- tainment industry to voluntarily es- meaningful and balanced legislation ent to fill the void she leaves. tablish guidelines to reduce violence in that will encourage local solutions to The best tribute we can give, the motion pictures, television program- the complex problem of juvenile tribute we owe to Sister Jane, is the ming, video games, and music lyrics. crime.∑ promise and commitment to find the The bill also encourages Internet Serv- f best way to give the best healthcare to ice Providers (ISPs) to provide filtering the most people. That was what she RETIREMENT OF SISTER JANE software to consumers that could block did. That was her gift of faith and FRANCIS BRADY juvenile access to unsuitable material. strength.∑ These provisions will provide parents ∑ Mr. LAUTENBERG. Mr. President, I with the tools needed to reduce their rise to pay tribute to Sister Jane f children’s exposure to the culture of vi- Francis Brady, who is retiring after 30 olence. years at St. Joseph’s Hospital and Med- SESQUICENTENNIAL OF MCDONALD Mr. President, there were several ical Center in Paterson, New Jersey. COUNTY amendments offered to this legislation For 27 of those years, Sister Jane ∑ Mr. BOND. Mr. President, this week- that would impose additional restric- served as the hospital’s President and end will be doubly special for the resi- tions upon lawful Americans, without Chief Executive Officer. This not only dents of McDonald County in my home contributing to a reduction in juvenile is a well-deserved public tribute, but state of Missouri. On March 3, 1849, crime. Throughout the debate over also a very personal tribute. Paterson McDonald county was established by these proposals, I urged the Senate to is my hometown, and St. Joseph’s Hos- the State Legislature and named after promote greater enforcement of our ex- pital has been an institution both lit- Revolutionary War hero Alexander isting firearms laws before passing new erally and figuratively for generations McDonald. Not only will this weekend gun control measures that would in- of Paterson families, including my mark the 223rd anniversary of the fringe upon the constitutional rights of own. To thousands of people in New founding of our country, but it is also law-abiding citizens. I am very con- Jersey and the region, she is ‘‘Sister the formal celebration of the 150th an- cerned that prosecutions of those who Jane’’ and the hospital is ‘‘St. Joe’s.’’ niversary of the founding of McDonald violate federal firearms laws have been They are a union that has put quality County. far less zealous than what the Amer- and hope into so many lives. McDonald County has a distinguished ican people deserve and expect. For many people in the Paterson history, including a gold rush in the According to the Executive Office of area, Sister Jane has been the soul, the last century. McDonald County was the United States Attorney, there were spirit and the face of healthcare. I have also the site for the filming of a 1938 only eight prosecutions in 1998 of those been privileged to work with her on a movie about Jesse James starring Ty- who violated the federal prohibition on number of projects that have expanded rone Power, Randolph Scott, and possessing a firearm in a school zone. St. Joe’s to meet the continually grow- Henry Fonda. More recently, every From 1996 through 1998, there was only ing needs of the surrounding commu- Christmas the Post Office in the city of one prosecution of felons who have nity. Under Sister Jane’s stewardship, Noel receives thousands of cards to re- been denied the purchase of firearms St. Joseph’s Hospital has become a ceive the stamp of ‘‘The Christmas after being subjected to a background focus of wellness care and training— City.’’ McDonald County is also a check. These statistics underscore the the source for preventive, primary and major economic force in the state of reality that passing new, expansive gun emergency health services, and for Missouri, ranking first in agricultural control laws will not prevent violent more general education and counseling. sales, due to their $50 million poultry crime or the illegal use of firearms. Sister Jane’s curriculum vitae is As an alternative to far-reaching gun stellar. She has held the highest advi- industry. control proposals, I supported an sory positions on healthcare, serving as I join the citizens of McDonald Coun- amendment that encouraged the en- Vice-Chair of the New Jersey Commis- ty in celebrating this milestone in forcement of existing gun laws, the sion on Legal and Ethical Problems in their history. I take great pride in rec- rights of law-abiding citizens, and the Delivery of Health Care; on New ognizing this historic event and wish keeping firearms from children and Jersey’s Health Care Administration McDonald County prosperity in the criminals. This proposal provided $50 Board; on the SEEDCO Board of Trust- next 150 years that is even greater than million to hire additional federal pros- ees of New York; on the Leadership the last. Mr. President, I ask that my ecutors to prosecute those who violate Task Force on Health Policy Reform of colleagues in the Senate join me in rec- our gun laws; a prospective ban on ju- the Catholic Health Association of the ognizing the sesquicentennial of veniles convicted of violent offenses United States; and on the Board of McDonald County.∑ Trustees of the Catholic Health Asso- from ever owning a firearm; and en- f hanced penalties for juveniles who ille- ciation of the U.S. gally bring a gun or ammunition to She has been recognized for her con- school with the intent of possessing or tributions by numerous organizations, PHYSICIAN-ASSISTED SUICIDE using the firearm to commit a violent receiving, among others, the Paterson ∑ Mr. WYDEN. Mr. President, today I crime. Community Service Award; the Cita- have informed the minority leader that Additionally, this proposal requires tion of Merit from the NJ Association I will object to any unanimous consent all firearms transactions at gun shows of Nonprofit Homes for the Aging; the request to proceed to S. 1272 or any leg- to be subject to the National Instant Paterson Community Support Fund islation containing provisions that Check System (NICS) without sub- Humanitarian Award; ‘‘Woman of the would override Oregon’s physician as- jecting law-abiding purchasers to un- Year’’ awards from the American Le- sisted suicide law. I have notified the necessary fees or record-keeping re- gion, the Paterson Boys and Girls Club, bill’s sponsor and the committee chair- quirements. Importantly, this provi- the NJ State Organization of Cystic Fi- man and ranking member to which it sion preserves legitimate business brosis, the American Cancer Society, was referred.∑ June 29, 1999 CONGRESSIONAL RECORD — SENATE S7831 MILITARY CHANGE OF COMMANDS but I look forward to working with Citizen and the Constitution program. ∑ Mr. ALLARD. Mr. President, in the him. I am sure he will follow in the They recently made a trip to the Na- June edition of Leatherneck magazine, able footsteps of all the past United tion’s Capital to participate in a mock the Commandant of the Marine Corps, States Marines Corps Commandants, congressional hearing where they General Charles Krulak, quotes his fa- and serve the Marines and America ad- played the role of constitutional ex- ther as saying: ‘‘The American people mirably.∑ perts testifying before a panel of believe that Marines are downright f judges. Their fellow students at Cen- good for the country.’’ I agree with The tral High, their families and friends, MEDAL OF HONOR RECIPIENTS Commandant’s father. And I am along with the people of Cheyenne and pleased General Krulak also holds that ∑ Mr. LUGAR. Mr. President, over the the entire state of Wyoming are very well founded opinion. The United Memorial Day weekend, a series of proud of these students who spent long States Marine Corps is collectively events and memorial services were held hours studying the Constitution and good for this country, and the services in Indianapolis honoring our nation’s the related court cases to be able to an- of individual marines such as General Medal of Honor winners. Nearly 100 of swer detailed and complex questions Krulak are a big part of that positive all of the living Medal of Honor recipi- about the Constitution that would nor- contribution made by the Corps. ents came to Indiana to participate in mally be considered by the Supreme Unfortunately, the title of the article the ceremonies as honored guests. In Court. in which General Krulak quoted his fa- addition to paying tribute to these he- Guided by their teacher, Donald Mor- ther was ‘‘A farewell to the Corps.’’ roes and celebrating their remarkable ris, these students took on the difficult General Krulak will be retiring after accomplishments with a healthy dose task of competing against 1,250 other four years from his position as Com- of Hoosier hospitality, a new memorial students from across the nation. They mandant at the end of this month. I to the Medal of Honor winners was worked together for a whole semester would like to thank him for his service dedicated. This memorial is only one of to master the ins and outs of the Con- and efforts on behalf of his Corps and its kind in the nation. All of this was stitution and the Supreme Court cases his nation. made possible by countless numbers of that set important precedents. In doing Although I have been on the Armed volunteers who worked tirelessly to so they learned a great deal about the Services Committee a short six carry out this program that was initi- value of friendship and the importance months, I have had several good experi- ated and undertaken by IPALCO Enter- of teamwork. I hope that more schools ences with the Commandant. prises of Indianapolis. in Wyoming and around the nation I think the most notable was in May Following this remarkable weekend. take advantage of the We The People of this year, when a large group of my I received a letter from Major General program. constituents were taking a tour of the Robert G. Moorhead, USA (Ret.), who When I was a Boy Scout back in Pentagon, and the Commandant in- through his words captured the senti- Sheridan, Wyoming, I earned my Citi- vited them into his office. He said then ments of many of my State who were a zenship in the Nation merit badge by that he usually tries to do something part of these historic and moving creating a series of charts showing the similar—bring tourists into his per- events. system of checks and balances con- sonal office—everyday. I do not think At this time, Mr. President, I ask tained in the Constitution. Although it Krulak was fully aware of what he was that an excerpt from General Moor- did not occur to me at the time, I am getting himself into, but all fifty or so head’s letter be printed in the RECORD. sure part of me was inspired and want- crowded their way into his office, and The excerpt follows. ed to get more involved in government listened while he spoke about the As the last days of the 20th century con- and our democratic process. Now I am Corps, the moving of his office down tinue to unfold, Memorial Day weekend in a part of that system that relies so from the ‘barbed wire surrounded hill the capital of Indiana was one to remember. heavily on the Charters of Freedom of the Naval Annex’ to the corridors of Nearly 100 Medal of Honor recipients were that were crafted with such diligence the Pentagon, and the Corps’ efforts guests for a series of stirring tributes. These by our Founding Fathers. I hope that a and ability to turn young men and included a solemn Memorial Service; the love of the Constitution, the law and women into marines. dedication of the only memorial to recipi- our nation’s history will similarly in- ents of the Medal of Honor; grand marshals Let me tell you, they were impressed. in the IPALCO 500 Festival Parade; an out- spire all our young people to become They were impressed with his position, door concert by the Indianapolis Symphony more involved in their government and they were impressed with his efforts, Orchestra; and a parade lap around the by so doing take hold of the reins on they were impressed with his commit- famed Indianapolis Motor Speedway oval their future. ment, and they were impressed with prior to the start of the race. I would like to take this opportunity the man. As the 20th century draws to a close, many to recognize these students by name. I have also had correspondence with wonder if the nation has lost sight of the They are David Angel, Kristen Barton, General Krulak relating to our work on sacrifices which have been made to preserve Beth Brabson, Michelle Brain, Mary S.4, and for the process of preparing freedom. After this Memorial Day weekend Connaghan, Mariah Martin, Andrea in Indianapolis, my heart remains swollen the defense authorization. He consist- with pride in our land and my fellow citi- Mau, Alison McGuire, Rachel Michael, ently strikes me as a man who is well zens. The reception given these ordinary men Joanna Morris, Leigh Nelson, Tiffany aware of the challenges his position who did extraordinary things can never be Price, Lydia Renneisen, Shannon holds, and works to meet them. He has equaled. Scritchfield, Erica Tonso and Katie been straightforward and dependable. I am especially proud of the untold hun- Zaback. They are truly remarkable Hearing testimony from him at com- dreds of volunteers who gave of their time young adults and I extend my heartiest mittee hearings is always a pleasure. and talent to make these events possible. congratulations to them, to their He does not rattle off bland platitudes. Memorial Day Weekend 1999 did much to teachers and principal, and their fami- convince me that our nation’s freedom lov- I felt that I could always rely on his ing spirit is alive and well. It also under- lies on their remarkable success.∑ opinion to be the truest possible inter- scored the true meaning of ‘‘Hoosier Hospi- f pretation of the situation, and one that tality.’’ REMARKS OF FORMER SENATOR held the best interests of the country Sincerely, HANK BROWN at the foremost. MG ROBERT G. MOORHEAD, Let me end by repeating: General USA Ret.∑ ∑ Mr. ALLARD. Mr. President, most of Krulak has been fundamentally good f my colleagues in this body, I’m sure, for this country. I wish him well in remember my predecessor, Hank whatever new course he sets for him- WE THE PEOPLE FINALS Brown. He represented me for 10 years self. ∑ Mr. ENZI. Mr. President, I rise to as the Congressman from Colorado’s Also, I would like to welcome Gen- recognize the outstanding achievement 4th district, and I had the further privi- eral James Jones into his role as the of the students of Central High School lege of working with him during my 6 32nd Commandant of the Marine Corps. from Cheyenne, Wyoming in the na- years in the House. Since he retired I have met with him only very briefly, tional finals of We The People . . . The from this body in 1996, I have relied on S7832 CONGRESSIONAL RECORD — SENATE June 29, 1999 his knowledge and experience. As you are the best advice in history on how to live fellows. If that’s true, ask what your life might know, Senator BROWN is now a joyous life and find happiness on earth? It’s amounts to. Wilson’s thought was that we President Brown, the head of the Uni- a different thought, isn’t it? If it’s so, then are the sum total of how we help each other versity of Northern Colorado, in Gree- our earthly existence may not be about earn- and the role we play amongst others. Per- ing our way to heaven or even enjoying a haps that’s a good guide for us to evaluate ley, the Senator’s hometown. perfect life on earth. It may be about learn- what we do in life. It’s also a pretty good Recently, President Brown spoke at ing and preparing for the next life. guide to examine whether you’ve found the the Colorado Prayer Luncheon in Den- Parents face every day, something of the real joy in life. ver. He spoke on God’s love, and our challenge that our Lord must experience. I don’t know the answer to Job’s question. role in this world. His thoughts are, as How do you prepare children for life? We love Like you, I am troubled by the events and always, particularly insightful and rel- our children more than life itself. Do we do the currents of evil in the world. I, like you, evant. their homework for them? Perhaps some of suspect that our responsibility is to do what you have faced that question. If you don’t we can to make sure the tragedy never hap- I ask to have these inspirational help them with their homework, they may pens again. I’m not sure there’s a surefire words printed in the CONGRESSIONAL fail and they may not have the chances you formula to prevent disasters. But I do believe RECORD. hope for them. But the story doesn’t end that the freedom God gives us to live our The remarks follow. there. If you do it for them, what do they lives and make our choices surely must be REMARKS OF HANK BROWN, COLORADO PRAYER learn? How do they learn that they have to designed to prepare us for another world and LUNCHEON prepare in advance for the next time? How help us understand that we have a role in have you helped them learn a lesson for life? Ladies and Gentlemen, today is a day of re- making this world better. If we learn from Growing up, I couldn’t understand my this, and all of us go forth determined to newal. It is a renewal of our commitment to mother. How could she be so tough? She our Maker as well as a renewal of our com- make a difference from this moment on, the never once bought the stories I brought tragedy, in one way, will have served to mitment to each other. The fact that so home about how everyone did it, how it must many different faiths join together in this make our world a better one. be OK because everyone else got by with it. Thank you. luncheon is a sign of our commitment to ∑ In fact, she was never even tempted by them. f each other’s religious freedom. I recall a series of incidents of her forcing The incomprehensible tragedy at Col- me to confess my sins—once to a storeowner GUIDANCE FOR THE DESIGNATION umbine is on all of our minds. It will reshape a few blocks from here where I’d taken some OF EMERGENCIES AS A PART OF our lives as well as the families of the vic- gum, once to my grandmother, once at THE BUDGET PROCESS—MOTION tims. Its impact will be with us for many school. Those forced confessions resulted in years. unbelievable embarrassment. How could she TO PROCEED Next month it will be 46 years since my do such a thing? If I wanted something, her Mr. NICKLES. I ask unanimous con- brother died in a gun accident. He was only answer was, ‘‘I’ll help you find a job.’’ I sent the Senate now turn to Calendar 16—not much younger than the children who worked 20–40 hours a week while I was in No. 89, S. 557, regarding the budget were murdered at Columbine. The other day high school, and, in the summers I had one process to which the so-called lockbox my mother said to me that not a day goes by or two full-time jobs, depending on the sum- that she doesn’t think of him and miss him. mer. My parents were divorced. She worked issue is pending as an amendment. I suspect that the parents and loved ones of full-time. She didn’t have a lot of time to su- Mr. DURBIN. Mr. President, I object. the victims at Columbine will be the same. pervise me. But her strength was to keep me CLOTURE MOTION The memory of those children will be with busy, and she kept me so busy I almost Mr. NICKLES. In light of the objec- them every day for the rest of their lives. stayed out of trouble. As I look back, I won- tion, I now move to proceed to Senate How do we explain it? How do you rec- der whether I have been near as good a par- bill 557, and I send a cloture motion to oncile the tragedy in your own mind? ent as she was. the desk. We believe our God is good, we believe our I will never forget the Clarence Thomas The PRESIDING OFFICER. The clo- God, is love, we believe our God is all-power- hearings, and I suspect some of you may ful and capable of controlling everything. have that feeling as well. One of the in- ture motion having been presented How could something this evil be allowed to stances I recall was a question posed by a under rule XXII, the Chair directs the happen? It’s not a new question. It’s been senator—a person of great integrity—who clerk to read the motion. with mankind throughout history. had very strong doubts about Clarence The assistant legislative clerk read A few thousand years ago, a fellow by the Thomas’ judicial philosophy. When his turn as follows: name of Job had the same questions. He was came to ask questions, the senator said, CLOTURE MOTION devout, religious and pious. He was com- ‘‘Clarence Thomas, I see two Clarence Thom- We, the undersigned Senators, in accord- mitted to carrying on the work of his Lord, as’s, not just one. I see one that seems so ance with the provisions of rule XXII of the yet great tragedies were visited upon him. kind, generous, thoughtful and warm. And Standing Rules of the Senate, do hereby He lost his home. He lost his fortune. He lost then I see one that is mean, cruel and hard. move to bring to a close debate on the mo- his health. He even lost his beloved children. Which one are you?’’ Justice Thomas re- tion to proceed to Calendar No. 89, S. 557, a But he didn’t lose his faith. And throughout sponded immediately. He said, ‘‘There is bill to provide guidance for the designation it, he asked ‘‘Why?’’ Was he being tested? only one Clarence Thomas. And I am him. I of emergencies as a part of the budget proc- Was he being punished? I’m not sure we used to wonder how my uncle could pretend ess: know. His friends came and talked to him, to care for me so much and be so hard on me. Trent Lott, Spencer Abraham, Jim and they suggested that he must be being It wasn’t until later that I learned that he Inhofe, Kay Bailey Hutchison, Pete punished, that he must have done something was the one who loved me the most.’’ Domenici, Paul Coverdell, Wayne Al- wrong. And yet, of course Job hadn’t. He I wonder if our Lord has in mind to prepare lard, Jesse Helms, Larry E. Craig, Mike hadn’t been evil; he hadn’t sinned. He’d kept us for a life to come. Could tragedies and Crapo, Chuck Hagel, Mike DeWine, Mi- the faith. The attitude of his friends perhaps trials in this life prepare us for the next? It’s chael B. Enzi, Judd Gregg, Tim Hutch- is parallel to the way many of us think. It is a question worth asking. The year my broth- inson, and Craig Thomas. natural to think that if we are good, if we er died, I was 13. My grandfather gave me a follow the rules, if we observe the mandates, book, It was written by Woodrow Wilson. It Mr. NICKLES. Mr. President, for the good things will happen to us. And yes, if we was a wonderful little book called ‘‘When a information of all Senators, I regret sin, we’ll be punished. And yet, Job hadn’t Man Comes To Himself.’’ It had as strong an the objection from our Democrat col- sinned. I don’t pretend to know the answer. influence on me as any book I’ve read. Wil- leagues to allow the Senate to proceed But I want to speculate with you this after- son, as you know, was an idealist. In the to the very vital issue of the Social Se- noon, and I want to suggest that part of the book he talks about what the real joys in life curity lockbox issue. With the objec- answer lies in God’s purpose for our lives in are. He observes that the real pay one gets tion in place, I had no other alter- this world. from a job is not the paycheck at the end of What if this earthly existence is not in- the month, although that’s important. The native than to file a cloture motion on tended to be a paradise? What if our Maker’s real joy comes from what you do. A brick- the motion to proceed. This cloture real kingdom is not of this world? What if layer or carpenter can drive through town vote will occur on Thursday, 1 hour the purpose of our earthly existence is to and see the homes they’ve built providing after the Senate convenes, unless train us, to prepare us, to test us—not for shelter and warmth for families. Others can changed by unanimous consent. All this world, but for the next? What if the look at the work they’ve done and see how it Senators will be notified as to the commandments of Moses and the admonition impacts lives and changes the people they exact time of the cloture vote. to love each other is not a checklist for pros- know. Wilson’s thesis was that you are what perity in this world, but guidance for how you do with your life. You’ve seen those ads CALL OF THE ROLL we’ll behave when we truly accept grace? where they say you are what you eat. I sin- In the meantime, I ask consent that Not a way to earn grace, but what we’ll do if cerely hope that’s not true. His thesis was the mandatory quorum under rule XXII we accept it. What if those commandments that you are the role you play among your be waived. June 29, 1999 CONGRESSIONAL RECORD — SENATE S7833 The PRESIDING OFFICER. Is there To the Senate of the United States: day, immediately following the prayer, objection? I transmit herewith for Senate advice the Journal of proceedings be approved Mr. DURBIN. I object. and consent to ratification the Conven- to date, the morning hour be deemed to The PRESIDING OFFICER. The ob- tion Between the Government of the have expired, the time for the two lead- jection is heard. United States of America and the Gov- ers be reserved for their use later in Mr. NICKLES. I now withdraw the ernment of the Republic of Venezuela the day, and that the Senate then motion to proceed. for the Avoidance of Double Taxation begin consideration of S. 1234, the for- The PRESIDING OFFICER. The mo- and the Prevention of Fiscal Evasion eign operations appropriations legisla- tion is withdrawn. with Respect to Taxes on Income and tion. Capital, together with a Protocol, The PRESIDING OFFICER. Without f signed at Caracas on January 25, 1999. objection, it is so ordered. Also transmitted is the report of the f REMOVAL OF INJUNCTION OF SE- Department of State concerning the Convention. CRECY TREATY DOCUMENT NO. PROGRAM 106–3 This Convention, which is similar to tax treaties between the United States Mr. NICKLES. For the information of Mr. NICKLES. I ask unanimous con- and other developing nations, provides all Senators, Wednesday the Senate sent to proceed as if in executive ses- maximum rates of tax to be applied to will convene at 9:30 and will begin con- sion. various types of income and protection sideration of the foreign operations ap- The PRESIDING OFFICER. Without from double taxation of income. The propriations bill. Amendments to that objection, it is so ordered. Convention also provides for resolution bill are expected, and therefore votes Mr. NICKLES. I ask unanimous con- of disputes and sets forth rules making are to be expected throughout the day. sent that the injunction of secrecy be its benefits unavailable to residents Due to the agreement reached re- removed from the following treaty that are engaged in treaty shopping. garding health care reform, it is hoped transmitted to the Senate on June 29, I recommend that the Senate give the Senate can complete action on a 1999, by the President of the United early and favorable consideration to number of appropriations bills prior to States: this Convention and that the Senate the Fourth of July recess. 1. Tax Convention with Venezuela give its advice and consent to ratifica- f (Treaty Document No. 106–3); tion. I further ask that the treaty be con- WILLIAM J. CLINTON. ADJOURNMENT UNTIL 9:30 A.M. sidered as having been read the first THE WHITE HOUSE, June 29, 1999. TOMORROW time; that it be referred, with accom- f panying papers, to the Committee on Mr. NICKLES. Mr. President, if there Foreign Relations and ordered to be ORDERS FOR WEDNESDAY, JUNE is no further business to come before printed; and that the President’s mes- 30, 1999 the Senate, I now ask unanimous con- sage be printed in the RECORD. Mr. NICKLES. I ask unanimous con- sent the Senate stand in adjournment The PRESIDING OFFICER. Without sent that when the Senate complete its under the previous order. objection, it is so ordered. business today, it stand in adjourn- There being no objection, the Senate, The message of the President is as ment until 9:30 a.m. on Wednesday, at 6:30 p.m., adjourned until Wednes- follows: June 30. I further ask that on Wednes- day, June 30, 1999, at 9:30 a.m. June 29, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1417 EXTENSIONS OF REMARKS

HOOVER DAM MISCELLANEOUS This example of local businesses taking an in- cational needs of our children. I thank our SALES ACT terest in the welfare of their children is exem- local businesses, the faculty, and the children plary. The dedication of our faculty and staff is of Mechanicstown Elementary School for their HON. BOB STUMP meritorious. innovative programs, their persistence and OF ARIZONA Approximately 50 businesses in the local hard work. I am confident that they will con- community have joined together in support of tinue in their outstanding efforts. IN THE HOUSE OF REPRESENTATIVES this program in the Mechanicstown Elemen- f Tuesday, June 29, 1999 tary School. There is a careful screening of Mr. STUMP. Mr. Speaker, on behalf of my each venture by a planning board, which eval- ALFRED AND AGNES LAWRENCE distinguished colleague from Nevada, Mr. GIB- uates the possibility of the business's survival CELEBRATE THEIR 50TH WED- BONS, I am pleased to introduce the Hoover in the school. This is done with the aid of Sim DING ANNIVERSARY Dam Miscellaneous Sales Act. Town, a computer program. Mr. Speaker, each year more than one mil- After a permit is issued by the planning HON. CAROLYN McCARTHY lion tourists travel to the Hoover Dam on the board, the business moves in and employees OF NEW YORK Arizona/Nevada border. Of the one million are placed by the school's employment agen- IN THE HOUSE OF REPRESENTATIVES tourists who yearly visit this man-made treas- cy. The children interested in a position are re- Tuesday, June 29, 1999 ure, a third venture from foreign countries. The quired to go through an application process demand for maps, publications, memorabilia, much like the procedure that they would en- Mrs. MCCARTHY of New York. Mr. Speak- photographs and videos on the Hoover Dam, counter in the average workplace. er, I rise today to pay tribute to Alfred and its history, and the Colorado River has signifi- Faculty members work with the students to Agnes Lawrence from Rockville Centre, Long cantly increased over the years. Most of these run the business. The students take the class- Island as they celebrated their 50th Wedding products can be produced by the Bureau of room into the ``real'' world, using the skills Anniversary on May 1, 1999. Their life's jour- Reclamation. The Bureau, however, has not taught to them in school and applying them in ney began in Sheepshead Bay, Brooklyn been given the authority to sell Hoover Dam business situations. Programs such as the sta- where they were both born and raised. They products. tionary stores, post offices, and the school met as teenagers and soon became each oth- Mr. Speaker, this proposed legislation pro- supply store enhance the children's English, er's sweetheart. vides the authority to the Secretary of the Inte- Math, and public relations skills. The children During World War II, Alfred proudly wore his rior to produce and sell products relating to working in the environmental center, the pet country's uniform and served in the United the Hoover Dam. The bill allows the funds de- store, and the science laboratory apply their States Navy as a SEABEE in the South Pa- rived from the sale of these products to be knowledge from science and Math classes. cific on Okinawa island. And since Agnes was used towards the repayment of the Hoover There are video and computer based busi- stateside, she contributed her part to help the Dam Visitor Center. Currently, purchasers of nesses in the school as well. These are ex- war effort. A year after the war, on May 1, Hoover Dam power in Arizona, California and tremely important for a child's survival in to- 1949, Alfred and Agnes exchanged wedding Nevada are paying for the construction of the day's technology based workplace. Children vows. Hoover Dam Visitor Center. Funds will also be become comfortable with computers and video The Lawrences joined millions of other post- applied to the payment of operation and main- equipment when they are young. This will give World War II couples by starting a familyÐ tenance costs, as well as costs associated them an advantage when they emerge into the seven children. The family Lawrence first lived with the delivery of guided tours at the Hoover workforce. in Brooklyn but soon moved to Rockville Cen- Dam and its power plant. This program is advantageous for our chil- tre, Long Island to raise their children. Mr. Speaker, this legislation will not only en- dren. The skills learned from hands-on experi- Throughout the years, the Lawrences experi- hance a visitor's experience at the Hoover ences will exhibit to children how to apply their enced the joys of work, play, education, grad- Dam, but it will provide a new funding source classroom lessons. There is a definite benefit uation, and marriage of their children. for the many costs associated with the Hoover in having the children working with the faculty. The happy couple celebrated their Golden Dam and the Hoover Dam Visitor Center. They learn how to interact not only with their Wedding Anniversary at a retirement home in f peers, but with their elders as well. Spring Hill, Florida where Alfred is an active Another program that has been imple- SEABEE veteran and Agnes is a HoneyBee. PREPARING OUR CHILDREN FOR mented in the Mechanicstown Middle School They are now blessed with twenty-one grand- THE FUTURE is the Morning Program that enables the entire children and two great-grandchildren. A long school to meet together before the classes and fruitful journey life has given them. HON. BENJAMIN A. GILMAN begin every day. During this time the students Mr. Speaker, I offer my congratulations and OF NEW YORK share various skills in the areas of music, best wishes to Alfred and Agnes Lawrence on IN THE HOUSE OF REPRESENTATIVES dancing, and literature. Occasionally guests their 50th Wedding Anniversary. are asked to make presentations to the stu- f Tuesday, June 29, 1999 dents. This is also an opportunity for the stu- Mr. GILMAN. Mr. Speaker, I invite my col- dents to be recognized for their achievements IN HONOR OF THE LATE CAPTAIN leagues to recognize the outstanding achieve- both academically and also in the local com- VINCENT G. FOWLER ments of the Mechanicstown School, an ele- munity outside of school. mentary school in my congressional district. I Out of the entire country, Mechanicstown HON. MICHAEL P. FORBES especially congratulate School Principal Antoi- has recently been chosen to be featured in a OF NEW YORK nette M. Belfiglio. Mechanicstown is a micro- Japanese educational documentary. The Jap- IN THE HOUSE OF REPRESENTATIVES society magnet school. With the help of local anese company is honoring one school per businesses, the students and faculty of the country for their amazing feats in the edu- Tuesday, June 29, 1999 school are working together to form a working cational curriculum, programs, activities, and Mr. FORBES. Mr. Speaker, I rise today to community that is run by students under fac- classes. This is a great honor that has been honor one of New York's bravest, a valiant ulty supervision. This community within the bestowed upon our district's school. and a true hero, Captain Vincent G. Fowler, a school will use the skills learned in their class- Mechanicstown School should be highly 21-year veteran of the New York City Fire De- rooms and apply them to workplace and real commended for its innovative learning pro- partment who was recently killed in the line of world settings. grams. Their dedication to our youth's future is duty at the age of 47. I invite my colleagues to join me in honoring invaluable. Mechanicstown is a stellar exam- Ask any member of the Community and I these outstanding members of our community. ple of our schools working to meet the edu- am sure they will agree that firefighters are

∑ 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. E1418 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 truly courageous individuals. But there are for the economy of Bosnia-Herzogovina, and from under the ruble of the Milosevic ear for those within the profession whose level of serving as a consultant to a 1995 Aspen Insti- years, if not decades, to come. The front-line states: Albania and Mac- commitment challenges even that standard. tute project on economic development after edonia. These two states absorbed the full Captain Fowler was one of these individuals. the Dayton accord Dr. Slay received his Ph.D. shock of the refugee influx. While Albania Today, and every day, firefighters risk injury from Indiana University in 1989. He has held took in almost twice as many refugees as and death for the welfare of the community. It faculty positions at Middlebury College, Bates Macedonia (450,000 compared to 250,000), Mac- takes the tireless efforts of valiant men like College, George Mason University, and the edonia suffered greater economic disloca- Vincent Fowler to avert tragedy. Like many State Department's National Foreign Affairs tion. Whereas Albania exported almost noth- firefighters in our communities, Fowler under- Training Center. ing to Yugoslavia, half of Macedonia’s ex- stood the power of teamwork and its capability ports went to or through Belgrade. Mac- THE BALKAN ECONOMIES: THE IMPACT ON edonia is also more concerned over lost tour- to save lives. His fearless leadership is a shin- KOSOVO 1 ism and foreign investment this year. By ing example to all of us. (Dr. Ben Slay 2) contrast, since over 60 percent of its GDP During the course of his career, Vincent HOW BAD IS THE DAMAGE? originates in the agricultural sector (which Fowler received three commendations for Economic developments in the Balkans has a large subsistence component), Albania bravery, and had recently been appointed to since late March have been dominated by the tends to be more insulated against external the position of captain. Kosovo conflict. Yugoslavia’s already fragile shocks than the rest of the region. We there- fore estimate that the conflict will only re- Fowler was a Holbrook, Long Island, Native, economy has been devasted by the NATO duce Albania’s GDP growth by 2–3 percent bombing. The exodus from Kosovo has bur- Captain Vincent Fowler was surrounded by this year. It will, however, knock 7–8 per- dened neighboring economies with hundreds loved ones who know all too well the dangers centage points off Macedonia’s GDP growth, of thousands of refugees. Transit routes have lurking at fire scenes. His father, also named thereby pushing Macedonia into recession. Vincent, is a retired battalion chief, and his been closed, tourism and trade have fallen Collateral damage: Bosnia-Herzegovina. off, and investment projects have been put two brothers are also city firefighters. His fam- Bosnia’s Serb half is closely integrated with on hold or cancelled. the Yugoslav economy and as a result suf- ily has dedicated itself to serving New York in Footnotes appear at end of article fered heavily from the war: exports from the one of the most dangerous jobs one can Estimates of the Kosovo war’s economic Republika Srpska went almost entirely to costs vary widely, with figures ranging from imagine. Consequently, the notion of a career Yugoslavia and have since March dropped to $20 billion to $100 billion. The latter figure is in firefighting seemed natural for Vincent. almost nothing. Bosnia also accepted 70,000 nonsensical as aggregate GDP in region does Mr. Speaker, Fowler embodies the type of refugees (both Albanian and Serb), further not come close to this sum. Moreover, the re- role model who, as a leader, did not hesitate swelling the numbers of refugees in the coun- gion’s economic problems can not be blamed try. While we see Bosnian growth slowing to put the safety of his team members above solely, or even largely on the war. The fight- this year from 21 percent, this must be his own. He was in the basement of a burning ing has instead provided a convenient excuse viewed in the context of Bosnia’s post-war house tying to determine where the blaze for politicians and seeking to divert atten- recovery process. Annual growth rates above started when part of the first floor collapsed. tion from the deeper structural and policy 20 percent are unsustainable as Bosnia’s re- problems that have constrained growth He was severely injured, but orders his team covery matures; and problems like falling throughout the region. Only Hungary, Alba- to get out, knowing his fate had been sealed. Croat demand for Bosnian exports are also nia, and Bosnia continue to grow strongly: Colleagues, Captain Fowler is a courageous driving growth down. A new tariff regime the other Balkan economies are either in or leader who will be sorely missed. with Yugoslavia, and Yugoslav payment dif- headed toward sharp slowdowns caused by ficulties, were already cutting into first- f weak export demand or the failure to pursue quarter Bosnian exports and growth. For ambitious domestic reforms. For this latter CRISIS IN KOSOVO (ITEM NO. 13) these reasons only half of the 7-percentage group, the war only added to pre-existing dif- point slowdown can be directly attributable REMARKS BY BENJAMIN SLAY ficulties. to the war. The main engine for Bosnia’s OF PLANECON, INC. In assessing the damage directly attrib- growth continues to be the massive inter- utable to the war, the region’s economies national assistance program. can be placed into five categories: HON. DENNIS J. KUCINICH Shell-shocked: Bulgaria and Croatia. Bul- The direct hit: Yugoslavia. The Yugoslav OF OHIO garia and Croatia bore almost none of the economy is in catastrophic shape. Infrastruc- refugee burden (each took in about 5,000 refu- IN THE HOUSE OF REPRESENTATIVES ture, particularly bridges, railroads, and the gees), and both countries conduct only a telecommunications network were all dam- Tuesday, June 29, 1999 small share of their trade with Yugoslavia aged or destroyed by the bombing. NATO (about 2 percent of total exports for Bul- Mr. KUCINICH. Mr. Speaker, on June 24, also inflicted serious damage on the de- garia, 0.4 percent for Croatia). Bulgaria and 1999, I joined with Representative CYNTHIA A. crepit, albeit functioning, Serb industrial Croatia nonetheless find themselves in a pre- MCKINNEY, Representative BARBARA LEE, and base, with oil refineries, heavy machinery carious position in the aftermath of the cri- plants, and tobacco factories especially hard Representative JOHN CONYERS in hosting the sis. The war cut into exports from both; for hit. Kosovo is completely devastated: a sixth in a series of Congressional Teach-In Bulgaria this involved the extra costs of re- major reconstruction effort will be necessary sessions on the Crisis in Kosovo. If a lasting routing transit trade; for Croatia it affected just to house returning refugees. This is the peace is to be achieved in the region, it is es- trade with Bosnia and destinations further second economic disaster to hit Yugoslavia south. Reductions in tourist revenues and sential that we cultivate a consciousness of in this decade: the economic sanctions and foreign investment are a greater concern, as peace and actively search for creative solu- hyperinflation of the early 1990s had already these inflows reduce current account deficits tions. We must construct a foundation for practically halved economic output. and boost tax revenues. Still, both econo- peace through negotiation, mediation, and di- The Milosevic regime has done almost mies were already suffering from their own nothing to help. The economy is a largely plomacy. difficulties before the bombing began: Bul- unrestuctured kleptocracy, where leading Part of the dynamic of peace is a willing- garia’s exports and growth were down sharp- economic actors engage in rent-seeking ac- ness to engage in meaningful dialogue, to lis- ly due to slow industrial restructuring; while tivities made possible by regulations drawn ten to one another openly and to share our Croatia’s economy slowed in the last quarter up for their benefit by the Milosevic regime. of 1998 and remained weak up to the out- views in a constructive manner. I hope that After a recovery phase lasting until 1997, break of the war. In both countries the war these Teach-In sessions will contribute to this economic growth had already tapered off will cost about 1–2 percent of GDP growth process by providing a forum for Members of substantially in 1998 before the outbreak of this year, as the growth slowdown is attrib- Congress and the public to explore options for the Kosovo conflict. By early 1999 the econ- utable primarily to domestic factors. omy was clearly headed for a sharp correc- a peaceful resolution. We will hear from a vari- The near misses: Hungary, Romania, and tion. With large-scale Western aid tied to ety of speakers on different sides of the Slovenia. Of the Balkan countries crying Milosevic’s fate, Yugoslavia’s second crack Kosovo situation. I will be introducing into the wolf, Romania is crying the loudest. Roma- at recovery looks just as unpromising as the CONGRESSIONAL RECORD transcripts of their re- nia suffered only marginally from the first. Serbs will be digging themselves out marks and essays that shed light on the many Kosovo war; and even these losses may have dimensions of the crisis. been more than covered by IMF assistance. 1 This presentation is by Benjamin Slay, a This text is adapted from Chris Kushlis and Ben Romanian losses were largely confined to the Slay, ‘‘Overview’’, in PlanEcon Review and Outlook 1.3 percent of exports heading to Yugoslavia, senior economist at PlanEcon, Inc., a Wash- for Eastern Europe, June 1999, PlanEcon Inc., Wash- and to Danube shipping. Most of Romania’s ington D.C. ington-based economics consulting firm spe- economic problems are domestic in nature. cializing in Russia, Eastern Europe and the 2 Senior Economist, PlanEcon, Inc., 1111 14th Street N.W., Suite 801, Washington, D.C., 20005–5603. Slovenia is not even trying use the Kosovo Balkans. His work on the Balkans includes de- Phone: (202) 898–0471. Fax: (202) 898–0445. E-mail: crisis as cover for its slowdown in growth. veloping PlanEcon's macroeconomics model [email protected] With two-thirds of its exports heading to the CONGRESSIONAL RECORD — Extensions of Remarks E1419 EU, Slovenia is less vulnerable than most to creating an infrastructure to foster local International issued a report in which it said trouble in the Balkans; however, it is vulner- businesses. that India is holding thousands of political pris- able to weak European demand. Likewise, The first priority should be to establish de- oners without charge or trial. Amnesty Inter- Slovenia’s exports to Croatia began to fall cent transport links through countries other before the bombing started, due to Croatia’s than Serbia. This will involve creating all- national's report was issued on June 16. internal economic weakness. The war has ap- weather road links to Albania as well as up- The article said that ``torture and ill-treat- parently cut into spring tourism, but this grading road crossings into Macedonia. Pol- ment continued to be widespread and hun- should have only a marginal effect on icy makers may also wish to set up credit dreds of people were reported to have died in Slovenia’s tiny and very manageable current programs for small businesses. Because custody.'' Amnesty International reported that account deficit. The Hungarian economy Kosovo remains heavily agricultural, aid can ``conditions in many prisons amounted to continues to grow despite the problems on be useful targeted at improving agricultural cruel, inhuman, or degrading treatment.'' It re- its southern border. In addition to a possible techniques and supplying better quality agri- ported that ``disappearances'' continue to cultural inputs such as seeds and plant pro- loss of tourism revenues, the main concern occur and hundreds of extrajudicial killings for Hungary is the possible effect on its bur- tection agents. Subsidies to restart larger geoning current account deficit of lower ex- Kosovar enterprises will probably be wasted, were reported. In other words, nothing has ports to the Balkans and reductions in its unless advance work has determined which changed. transit surplus as water, trucking, and rail companies are likely to be economically via- Mr. Speaker, do these sound like the ac- traffic through Serbia has halted. Although ble. Kosovo is unlikely to be a center of tions of a democracy? Indian claims to be ``the these effects pose an element of downside large-scale industrial activity under any sce- world's largest democracy'' even while it con- risk to the economy, we expect their impact nario. It is likely to remain dependent on ag- tinues these repressive, tyrannical policies. to be marginal. riculture, worker remittances, and a few This report shows that India is not democratic. A NEW ERA FOR THE BALKANS? larger plants and mines, such as the lignite mines near Pristina. Aid programs will need It is merely the tyranny of the majority exer- With an end to the conflict at hand, the to be carefully monitored so that they do not cised on the minorities. That is why there are international community appears to be fo- attempt to support activities that in the 17 freedom movements within its borders. cused on stabilizing the Balkans for the fore- long run are not financially viable. In any This comes at a time when India is engaged seeable future. Ideally, this commitment in- case, external assistance for Kosovo is likely cludes a strong military presence, substan- in combat to wipe out the freedom fighters in to be a poor substitute for economic reform tial reconstruction aid, and firmer promises Kashmir, a conflict in which it has fired shells and international economic integration, for integration into the EU. It should be containing chemical weapons. India brought both within the Balkans and with the EU. matched by a rededication on the part of re- nuclear weapons to South Asia; now it is intro- Prospects for sustained growth in the Bal- gional governments to the policy reforms kans will continue to hinge on security ducing chemical weapons. needed for sustainable medium-term eco- issues. Serbia, with its key location and re- America was founded on the principle of lib- nomic growth. cent history at the heart of the Yugoslav erty. We must act to help bring the blessings The first order of business will be post-con- wars of succession, is still central to this of liberty to the people of South Asia. We can flict assistance for Kosovo. As Kosovars equation. As long as President Slobodan leave refugee camps in Albania and Mac- begin by declaring our support for national Milosevic remains in power, Yugoslavia will edonia to return to Kosovo, Western govern- self-determination in Kashmir, Khalistan, remain an isolated economic backwater, cut ments and international agencies are facing Nagaland, and the other nations occupied by off from international assistance and a po- the immediate problems of providing human- India. I am proud to have sponsored a resolu- tential source of renewed regional crises. If itarian assistance to these returning refu- Milosevic stays in power, the West will wish tion in the last Congress calling for an inter- gees. To some extent, programs for refugees to maintain a strong security presence in the nationally-supervised plebiscite in Punjab, should not be much more expensive than the Balkans for many years, particularly in Bos- Khalistan on the question of independence. assistance delivered to the Albanian and nia and Kosovo. If Milosevic goes, Yugo- We should also cut off American aid to this Macedonian refugee camps, since, food, shel- slavia could play a constructive role in re- ter, clothing, medical care, and security government as long as it practices the kind of gional reconstruction and stability. The should be provided for the refugees irrespec- tyranny that Amnesty International reported, Western security presence could be reduced, tive of location. However, NATO will have to and we should impose reasonable economic while trade and other linkages would revive create the logistical systems needed to move sanctions. It is our responsibility to defend more rapidly. these supplies from current refugee camps to The post-1995 Bosnian experience high- freedom wherever we can. Kosovo proper, probably without assistance lights the possibilities and limits of major Mr. Speaker, I would like to introduce the from the Yugoslav authorities or Yugoslav internationally financed reconstruction ef- India Abroad article into the RECORD for the in- transport systems. This will mean a road forts for Kosovo. Infrastructure repair, al- formation of my colleagues. I urge my col- construction program connecting Albania to though expensive, has proceeded at a fair Kosovo and rebuilding bridges and roads in leagues to read it. pace in Bosnia, as roads, bridges, and Kosovo. Interim refugee camps may also [From the India Abroad June 25, 1999] telecom networks are now almost com- have to be created in Kosovo until housing is pletely rebuilt. However, the goals of recon- HUMAN RIGHTS rebuilt. However, as long as Kosovars feel struction and reconciliation have been part- AMNESTY SAYS THOUSANDS ARE DETAINED physically secure, these camps could be kept ly frustrated by the creation of a culture of WITHOUT TRIAL small and in close proximity to the former dependency upon international donors. Local villages. (From News Dispatches) politicians have stalled structural reforms, The second stage involves the reconstruc- LONDON—Thousands of political pris- and privatization is only now getting under- tion of Kosovo. As refugees return to Kosovo, oners, including prisoners of conscience, way. Progress in reintegrating Bosnian assistance programs will need to concentrate were detained without charge or trial in Serbs, Croats, and Muslims, as well as in at- on moving them to permanent shelters as India, Amnesty International said in its an- tracting private capital flows and invest- soon as possible. International aid agencies nual report, released on June 16. ment, has been minimal. The ultimate suc- have had substantial experience in resettling Torture and ill-treatment continued to be cess of international assistance is deter- refugee populations. The accepted wisdom widespread, and hundreds of people were re- mined by whether private flows and domestic appears to be that building materials, seeds, ported to have died in custody, the London- investment are able to take up the slack tools and implements, and other such items based human rights oganization added. after the assistance comes to an end. The should be provided gratis, while refugees ‘‘Conditions in many prisons amounted to Bosnian experience does not suggest opti- themselves can be relied upon to rebuild cruel, inhuman or degrading treatment,’’ it mism on this count. their homes and begin farming or businesses said, adding that ‘‘disappearances’’ also con- again. f tinued and hundreds of extrajudicial execu- In the third stage, assistance will be chan- tions were reported. At least 35 people were neled to economic development. If all goes AMNESTY INTERNATIONAL RE- sentenced to death but no executions were smoothly, after several months, the Kosovo PORTS INDIA DETAINING THOU- reported, the report said. economy will begin to normalize, and policy- SANDS OF POLITICAL PRIS- The London-based human rights watchdog makers will have to think about helping this ONERS WITHOUT CHARGE said armed groups were also to blame. These economy develop for the long term. This de- groups committed grave human rights velopment can be partly financed by remit- abuses including torture, hostage-taking and tances. Indeed, the Kosovo economy during HON. GARY A. CONDIT killing of civilians, it said. the past two decades has been a rentier econ- OF CALIFORNIA Overall, the report lamented that 1998, omy, as Kosovars working abroad have repa- IN THE HOUSE OF REPRESENTATIVES which marked the 50th anniversary of the triated funds. Still, most of the funds for Tuesday, June 29, 1999 Universal Declaration of Human Rights, was economic development will have to come marred by a worldwide catalogue of abuses. from governments and international agen- Mr. CONDIT. Mr. Speaker, the June 25 But Amnesty secretary general Pierre cies; the initial emphasis is likely to be on issue of Indian Abroad reports that Amnesty Sane also pointed to two landmark events— E1420 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 the establishment of a permanent Inter- broadcast. KOMO was in constant commu- ing sentences of up to 12 years in Serbia. As national Criminal Court and the arrest in nication with all health care facilities in the this resolution clearly states, ``the three men October of former Chilean President Augusto broadcast area, and had technical representa- are innocent, committed no crime, and are Pinochet—which could help make human being held prisoner unjustly.'' rights violators answerable. tives on hand in each of the facilities to make Amnesty also singled out the United sure that no medical telemetry devices were The contribution made by organizations like States as the only country known to have impacted. KOMO, KING±TV and KCTS in Se- CARE is of great importance to international executed juvenile offenders in 1998. attle have all switched to digital broadcasts. humanitarian efforts around the globe. Al- though they work in unstable and often dan- f They have shown exceptional leadership and community concern with regard to this issue, gerous areas, these aid agencies must be INTRODUCTION OF THE CRITICAL and I am grateful not only for their concern, confident in their ability to operate safely. It is CARE SPECTRUM ACT but for their assistance through the Wash- for this reason that the threat of groundless ington State Broadcasters Association with the charges and indefensible incarcerations is so HON. JAY INSLEE introduction of this legislation. dangerous to relief operations. Many world OF WASHINGTON We can't expect this success to continue leaders, including U.N. Secretary General Kofi IN THE HOUSE OF REPRESENTATIVES without defining which areas of the spectrum Annan and South African President Nelson should be reserved for medical telemetry de- Mandela, have already sought the release of Tuesday, June 29, 1999 vices. As more and more stations flip the these three men. This measure urges the Mr. INSLEE. Mr. Speaker, I rise today to in- switch and go digital, the spectrum gets more Government of the United States to undertake troduce the Critical Care Spectrum Act, which and more crowded. strenuous efforts to secure their freedom and will benefit victims of heart failure and strokes Medical telemetry manufacturers have been as asserted in the resolution, ``calls on the by ensuring appropriate broadcast spectrum aggressive in solving this problem too. Space- Government of the Federal Republic of Yugo- for medical telemetry devices. I have been labs Medical, located in my Congressional slavia . . . to give these workers their free- working closely with hospitals, medical equip- District in Redmond, Washington, has been dom without further delay.'' I want to thank my ment manufacturers, health care providers, working closely with the American Hospital As- colleague from Alabama, Mr. CALLAHAN, the broadcasters, patients and other users of the sociation, the FCC and the Joint Working chairman of the Foreign Operations Sub- broadcast spectrum to achieve the legislation Group on Telemedicine to reach a solution to committee, for joining me on this effort. As introduced today. I am especially grateful for this problem. I look forward to working with all members who work closely with the inter- the guidance and assistance I have received. parties on a resolution to this issue. national NGO community, we are keenly Medical telemetry devices have allowed Lastly, I would like to acknowledge the as- aware of the contribution people like these greater care for victims of heart failure and sistance of the following groups who have gentlemen make to ending suffering around strokes. These devices send a signal, using been so helpful in crafting this legislation. the world. I encourage the House of Rep- part of the allocated broadcast spectrum, from They include Spacelabs Medical, the Amer- resentatives to declare our support for organi- a monitoring device attached to a patient to a ican Hospital Association, the Washington zations such as CARE and our intolerance of central receiving point where the data can be Hospital Association, Evergreen Hospital, the unjust imprisonment suffered by these viewed by medical personnel. Doctors and Harborview Medical Center, the Joint Working three humanitarian workers by unanimously health care workers tell me that these devices Group on Telemedicine, Hewlett-Packard, the supporting H. Con. Res. 144. are essential to the delivery of quality health Washington Association of Broadcasters, f care because they provide instant information Western Wireless, AT&T Wireless, PhRMA, REMARKS OF SECRETARY CUOMO about a patient and can warn doctors before American Home Products and countless oth- medical problems become too severe to treat. ers. In recent years, the broadcast spectrum has I urge my colleagues to join me by cospon- HON. NANCY PELOSI become crowded with wireless communica- soring the Critical Care Spectrum Act of 1999. OF CALIFORNIA tions, satellite broadcast transmissions, and f IN THE HOUSE OF REPRESENTATIVES the growing number of radio and television Tuesday, June 29, 1999 INTRODUCTION OF H. CON. RES. 144 stations. As a result of the Telecommuni- Ms. PELOSI. Mr. Speaker, Secretary of URGING THE RELEASE FROM cations Act of 1996, the spectrum has become Housing and Urban Development Andrew THE FEDERAL REPUBLIC OF even more cluttered, due to the requirement Cuomo recently spoke to the National Italian YUGOSLAVIA OF THREE DE- for television stations to change to digital American Foundation as part of its Congres- TAINED EMPLOYEES OF CARE broadcasts. While stations make plans to sional Lunch Series. Andrew Cuomo is a move to the new digital spectrum, they retain model for those who would serve the nation, their analog broadcasts, and take up more of HON. BENJAMIN A. GILMAN and while he comes from a distinguished fam- the spectrum than they require. The increasing OF NEW YORK ily, he has already made his own indelible number of broadcast channels has given con- IN THE HOUSE OF REPRESENTATIVES mark on our society. sumers a variety of programming choices to Tuesday, June 29, 1999 His remarks were filled with humor and pas- choose from, but has also posed an indirect sion about family and culture, discrimination threat to medical telemetry devices, some of Mr. GILMAN. Mr. Speaker, I have today in- and opportunity, and the economic success so which use the same broadcast spectrum. troduced H. Con. Res. 144. The purpose of many communities are enjoying today. Andrew Last year in Dallas, when a television sta- this resolution is to call attention to the case Cuomo also spoke eloquently about helping all tion switched on to a digital broadcast, it of three humanitarian workers unjustly impris- Americans share in that success, so that our knocked out the telemetry devices in Baylor oned by the Federal Republic of Yugoslavia. nation can truly be its best. It is with great University Medical Center. We were lucky that Branko Jelen, Steve Pratt and Peter Wallace pleasure that I ask for this transcript of Sec- no significant injuries occurred, and the tele- were employed in Yugoslavia by CARE Inter- retary Cuomo's remarks to NIAF to be entered national, the world famous relief and develop- vision station in Dallas should be commended into the CONGRESSIONAL RECORD. for taking the station off the air as soon as ment organization, providing food, medicines they were made aware of the problem. This and fuel to refugees in Serbia and Kosovo. In REMARKS BY HUD SECRETARY ANDREW CUOMO TO THE NATIONAL ITALIAN AMERICAN FOUN- late March and early April, these three men event served as a wake up call to medical te- DATION (NIAF), JUNE 15, 1999 lemetry device manufacturers and broad- were detained and later accused of operating It is a pleasure to be with NIAF once casters alike. The Federal Communications an ``espionage ring.'' In a closed military court, again. They are a great organization telling Commission (FCC) issued advisories to sta- their original indictments were dismissed only the truth about the Italian-Americans. The tions that were planning to switch over to a to be replaced by a new but similar charge of President just released our new State of the digital broadcast. The advisories have been passing on information to a foreign organiza- Cities report. I think it frames a few issues, very helpful, and broadcasters have been tion. Their crime: providing CARE offices with that—as this is a policy forum—would be a working with local health care facilities to ``situation reports'' based on experiences and good stepping off point. The State of the Cities report says basi- make sure the Dallas situation does not hap- openly available information. This standard cally two things. It says first there is a great pen again. procedure ensures that the organization's apparent success story that is this nation, In my home state, I recently learned about headquarters remains posted on the progress, and one that we should celebrate because it the precautions that were taken when KOMO± prospects, and perils of their many humani- is true: this is the strongest economy in his- TV, Channel 4, switched over to a digital tarian missions. The three are currently serv- tory. It breaks all sorts of records. The CONGRESSIONAL RECORD — Extensions of Remarks E1421 President relishes that fact, the Vice Presi- for all’’ translated into what we are talking are from the northeast, you don’t understand dent relishes that fact, the Congress relishes about in this town. You need economic de- the value of guns.’’ No, no, I am an educated that fact and we all should, because it is velopment measures that get jobs back to New Yorker, I have gone hunting up in Mau- true. cities. 84 percent of all new jobs over the rice Hinchey’s district, bird hunting, quail But it is not at the same time the only re- past two years were created in suburbs—84 hunting. I did pretty well. And I know this— ality. There is another reality for people and percent. The cities are losing the jobs. As that if you need an assault weapon to hunt, places that are left behind in the new econ- you lose the jobs you will lose the people and if your aim is that bad, you should just take omy. Their reality of failure is as stark as you can not sustain it. up another sport. the other reality of success, and it is also Opportunity for all. Everybody should And I know that children don’t need hand more painful as a reality. work, but that means there has to be a job guns to hunt and I know the saying which So you have a time where you have this there. It is hollow rhetoric to opine that wel- they love to use in rebuttal: ‘‘gun’s don’t kill great economic success. Eighteen million fare was no good and we really have made people, people kill people.’’ No—people with new jobs, lowest peace time unemployment people work. guns kill people, and if we had intelligent since I was born 41 years ago, crime down, One problem: Where are the jobs? Where is legislation to handle guns we would be doing poverty down, welfare down—that is one the training? Where is the day care? Where is even more. story of America. the transportation? If you look at what the My grandfather would talk about this land But there is also another story. A story of economy is doing, it is pulling the jobs from of justice, which for him meant that being those places that are left behind where three the people and places who need it most. We an Italian American didn’t count against out of five people aren’t even in the stock can correct that, we know we can correct it. you, that the premise of the country was ev- market—so they don’t celebrate when you go We do it very well—we have economic devel- erybody could come—Jews, Italians, Irish, to 10,000 or 11,000. opment incentives, we can use the tax code, Blacks, Whites it didn’t matter. You came Yes, you have more millionaires than ever we can use grants, we can get the jobs back and then you did the best you could and before, but you also have the greatest in- to where we need them. We have to do it. under the ‘‘opportunity for all’’ agenda they come inequality in over 20 years. You have We have to fix the education system. Why? would work with you to make it happen. the highest homeownership rate in history— Because the education system was the in- We still have not reached that. We really 66.7 percent—but you also have 600,000 home- surer of opportunity for all. The public edu- haven’t. One of the things we do at the De- less Americans, at the same time that you cation system was the great equalizer, it partment is Fair Housing. I can’t tell you have the highest home ownership rate. So said you can come from anywhere but you go how many cases we see, every day, coast to you have two very accurate realities, both to our public education system and if you coast, where discrimination is still alive and stark in their own way—both a story of suc- work hard you can wind up being Mario well—as ugly, as vulgar as it has ever been. cess and a story of failure. Cuomo or Colin Powell or Bill Clinton—all Last year the case in Jasper, Texas where The paradox, however, is in many ways from the public education system. they took an African American man, they We are losing that. When people get up and antithetical to what we believe in as a na- chained him to the back of a pickup truck, give speeches and say there is a crisis in edu- tion and what is in the long term health of and they dragged him until he was decapi- cation in this nation they forget the second this nation. You cannot survive, you cannot tated. That’s America 1999, not 1969. At the part, there is not a crisis in education in this flourish with those disparities, with those cusp of a new millennium with all this eco- nation. If you are rich you get the best edu- polarities. It is especially true in the cities, nomic power, they’re still killing people for cation on the planet in this country. If you as the report goes on to point out. the color of their skin. are poor and cannot afford a private school The numbers are staggering. Most of the We had a case, a Portuguese woman moved or you are from a poorer school district, then cities are doing well and I do not mean cities into Missouri. First week, they planted a you get a substandard education and you like New York, Los Angeles, Chicago. I mean seven-foot cross on her lawn and burned it. never catch up. cities quite large, if you look at the 900 cities The education system in this country is Why? Because she was Portuguese—they in the nation. Most of them are doing very moving to two education systems—one for thought she was African American—and that well—about one-third of them are either the rich side of town, one for the poor side of was their way of saying ‘‘we don’t want you smaller, poorer, or have higher unemploy- town. Go into the richer suburban school dis- here.’’ A cemetery in New Jersey. On Rosh ment. tricts in the first grade, they’ll show you Hashana they knocked down all the tomb- The strong cities, the cities that have done that they put the child on the Internet in the stones in a Jewish cemetery. well in the transition to the new economy, first grade. You go to the same town, the Discrimination is very much alive and are doing very, very well. The cities that poor school, they don’t even have a basket- well, and for Italians it’s alive and well. have been trailing are falling farther and far- ball net. In first grade they will put them at Mario Cuomo was thinking about running ther behind. computers with Pentium Processors—but in for national office. At one time we did a few You can see the story in the numbers, or poor schools the most sophisticated piece of polls: Six percent name recognition of Mario you can just go down here to Anacostia in electronic equipment is the metal detector Cuomo. Only 6 percent had heard of his name Washington, D.C. and drive through Ana- that they walk through on their way to the nationally. Nine percent thought he had con- costia and you will see the story. Or you can classroom. nections to the Mafia. drive through parts of the South Bronx or That is not opportunity for all. We are 19th Discrimination is alive and well, and my through parts of Watts in LA and you will out of 21 in 12th grade math and science. The grandfather would talk about the voice of see the same story. countries we beat were Cyprus and South Af- liberty, the voice of liberty, that this coun- Or go visit a public housing project. Pass rica. That is not a formula for long-term try was the voice of liberty. What we did in by Cabrini-Green in Chicago and the situa- global economic dominance. Kosovo, thank God, was express and commu- tion is as bad as it has ever been. Talk about We need health care because that’s oppor- nicate the voice of liberty. What we are the Dow Jones index and they won’t know tunity for all. Healthcare: you have 43 mil- doing in China—which we should do more what you are talking about. And if you look lion uninsured, 11 million children unin- of—what we are doing in South Africa—is to at the conditions and you feel the pain in the sured. We need housing because that is part keep that voice of liberty strong. hallways you see how hollow our success of providing the platform for people to do for Those are the avenues, the agendas, that I truly is. The statistics tell one story, the themselves. think that we have to approach to resolve lives tell a different story. With a strong economy, a cruel irony: we the dual realities that we are seeing in this Well, what do we do about it? This is not actually have the greatest need for afford- nation. Understand the realities, expose an overly complicated problem. We don’t able housing in the nation’s history. 5.3 mil- them—don’t run from them—and then ap- need to do any fancy studies to determine lion Americans need affordable housing. proach them. what to do. We just need to look at what we What’s happening, interestingly, is that And I also believe this: That now is the were taught originally. the strong economy is driving up the rents. time to do these things. We have a great eco- For me, the model was my grandfather An- In San Francisco, the economy is so strong nomic success—let’s use it to invest. If we drea Cuomo—I was named for him, Andrew— the rents are going so high those people who are not going to do these things now, then Andrea Cuomo, a little man, 5 ft. 6, 155 are on the bottom end or on fixed-incomes when are we going to do them? pounds dripping wet with change in his pock- can’t pay the rent. We know how to solve They say the time to fix the hole in the ets, but he knew what needed to be done. The it—subsidize the rent, which is what you did roof is when the sun is shining. Well, now is very concepts that he talked about—and I for so many years, build affordable housing. when the sun is shining. If we don’t take can hear his voice today, God Bless him—are We just have to want to do it. these dividends and invest now in Anacostia, still the concepts that we have to strive for. Opportunity for all, provide a safe commu- when are we going to do it? If we don’t now He would talk about this land as a land of nity. We are doing that with a cops pro- take up the fight for affordable housing now, justice, justice was so important to him. He gram—lowest crime rate, both property and when are we going to do it? If we don’t take would talk about this as a land of oppor- violence, since 1973. You can do more as soon up the fight now for healthcare, when are we tunity. Opportunity for all, opportunity for as we solve this insanity over the gun legis- going to do it? If not now, when? all, he would keep saying. lation in this town that’s going on now— I’ll tell you when—never. Because all of We have to get back to those core prin- which I don’t understand. the excuses are gone. If this Congress, if this ciples and make them happen because they Some people say ‘‘well you don’t under- administration doesn’t push progressive gov- are not yet a reality. We need ‘‘opportunity stand it because you are a New Yorker, you ernment it will never happen—because you E1422 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 won’t get a better moment than this mo- seeks to promote and encourage communica- in Kingston, Jamaica. Dr. Waters was also a ment. tion between teens and their parents or guard- Foreign Policy Associate under the Rockefeller All the things yelled about for all those ians. Foundation as a Research Scholar at the years—all the obstacles are stripped away. How many years did we hear about the def- Today in many states, it is legal for a child United Nations. icit: ‘‘well we can’t do it, we have deficit’’. under the age of 18 to make the monumental Beyond teaching at Oakland University and The deficit—the great inheritance of the decision to end a life by getting an abortion directing its Continuum Center, Elly Waters Reagan administration. Well, the deficit is without consulting with their parents. It is un- has also authored numerous books and pro- gone. God bless President Clinton, you have fortunate that some minors who find them- fessional articles and is a nationally acclaimed a balanced budget, you are talking about a selves confronted with an overwhelming situa- expert in the field of counseling older people surplus. tion such as an unplanned pregnancy would and adult career development. She worked at ‘‘Well, the government can’t do anything.’’ not consult the very people they should turn to the Merrill-Palmer Institute in Detroit, at the Well, the government’s reinvented. Con- Fels Institute in Yellow Springs, OH, and the fidence in government is at its highest point for guidance and support in a time of personal in 40 years. If we don’t do it now when will crisis . . . their parents. Industrial Relations Center of the University of we do it? If we don’t do it now, we will never My home state of Pennsylvania already has Chicago and the Michigan Civil Rights Com- do it. legal statutes which require knowledge of at mission. Dr. Waters has also served on nu- And that, my friends, is a sin, because we least one of the minor's parents before obtain- merous national boards including the Amer- have so much more to do, because the prom- ing an abortion. The Child Custody Protection ican Counseling Association and the National ise that this nation made to my grandfather Act will re-establish the rights of parents na- Board for Certified Counselors and was Presi- and your grandfather is not yet fulfilled. tionwide, by requiring that a parent must ac- dent of the Association for Adult Development They believed—they believed so much so and Aging. that they came from all over the globe to company a minor child if they choose to un- dergo abortion procedure. The Child Custody After ``retiring'' for a few years and moving this country. They got in little boats, they to the Washington, DC area, they could have went across great oceans to lands they didn’t Act would not interfere or take the place of ex- even know—they didn’t know how to speak isting state laws like those in Pennsylvania, rested on their laurels and taken it easy, but the language—but the promise was so power- but it would make it a Federal offense to that is not their style. Elly continues as a train- ful. transport a minor across a state line for an ing consultant, serving on national boards and Opportunity for all, justice, brotherhood, abortion, unless the child was transported by accepting speaking assignments. Maury pur- discrimination against none. We’ll help you a parent. It is my hope that enactment of this sued his interest in the United Nations and is make it, you will lift us all. And we will now a member of the board of the United Na- work with you to make it as a community. bill will not only foster a greater level of com- munication between family members on this tions Association of the National Capital Area. We are not there yet, but we can be. Now Then, as the Clinton Impeachment pro- is not the time to be complacent. Now is not most serious subject, but will prove to be in- the time to pat each other on the back and strumental in reducing the number of abortions ceedings began to take place, Maury ap- say ‘‘boy oh boy you see how that Dow Jones and encourage the consideration of viable op- proached me to express serious concerns about certain constitutional and precedential is doing.’’ tions such as adoption. Now is the time to lock arms and go for- Mr. Speaker, I strongly encourage every implications of where the House was going. ward even stronger and harder than before Representative of this body to join with me in He then said he would assist me on Capitol and use this moment. We can do better. We Hill with this historical matter. His advice support of the Child Custody Act, as 130 of are cheating ourselves if we say, this is all proved so valuable that I coaxed him out of my cosponsors have, and vote for passage of we can do. We are cheating ourselves if we his ostensive retirement and hired him as a this important child protection and parent's are saying this is the best we can be, we’ve parttime Senior Advisor. done it, this is America at its best. rights legislation. In addition to their full and active profes- This is not America at its best. This is not f America at its best. We can do more. sional careers, Maury and Elly had three chil- Langston Hughes wrote a beautiful poem. I CONGRATULATING THE WATERS dren, George, Rob, and Judy. They are also just want to read you a couple of paragraphs FAMILY ON 50 YEARS OF MAR- blessed with two grandchildren: Caitlin, who from it: RIAGE lives here in the D.C. area, and Joshua, in California. Maury and Elly have become bi- Let America be America Again. coastal grandparents, traveling frequently. Mr. Let America be the dream the dreamers HON. JOHN CONYERS, JR. Speaker, perhaps the lesson to be learned dreamed— OF MICHIGAN from the Doctors Waters is that intellectual Let it be that great strong land of love IN THE HOUSE OF REPRESENTATIVES Where opportunity is real, and life is free, and professional activity, supported by a lov- Equality is in the air we breathe. Tuesday, June 29, 1999 ing family, can keep two people young and I am the poor white, fooled and pushed apart, Mr. CONYERS. Mr. Speaker, Dr. Maurice contribute to a long and fruitful marriage such I am the Negro bearing slavery’s scars. Waters, recently a Professor of Political as this one that has succeeded for half a cen- I am the red man driven from the land. Science at Wayne State University in Detroit, tury. My congratulations to them both. I am the immigrant clutching the hope I f seek— and his wife, Dr. Elinor Waters, former Direc- I am the worker sold to the machine. tor of Oakland University's Continuum Center A BILL TO CLARIFY THAT AD- I am the people, worried, hungry, mean— in Rochester, MI, are a most extraordinary VANCE PRICING AGREEMENTS Hungry yet today, despite the dream. couple. This past Saturday, they celebrated BETWEEN TAXPAYERS AND THE I am the man who never got ahead. their 50th Wedding Anniversary and given INTERNAL REVENUE SERVICE A dream— their activities and vigor, it is conceivable that Still beckoning to me! ARE CONFIDENTIAL RETURN IN- they are just now hitting their stride. They may FORMATION O, let America be America— epitomize the adage of a rolling stone gath- The land that never has been yet— And yet must be. ering no moss. I have known Maury Waters and his family HON. AMO HOUGHTON OF NEW YORK for a number of years. He presently has Pro- That is our charge—together we can do it. IN THE HOUSE OF REPRESENTATIVES f fessor Emeritus status at Wayne State and has moved from the Detroit area to Chevy Tuesday, June 29, 1999 SUPPORTING H.R. 2018, THE CHILD Chase. During his nearly 40 years at Wayne Mr. HOUGHTON. Mr. Speaker, today I am CUSTODY PROTECTION ACT OF 1999 State, he not only taught political science as joined by my colleagues, Messrs. SAM JOHN- an assistant and then as a tenured Pro- SON from Texas and SANDER LEVIN from Michi- HON. MICHAEL F. DOYLE fessorÐspecializing in International Rela- gan, and Ms. JENNIFER DUNN from Wash- OF PENNSYLVANIA tionsÐbut he managed to author five books, ington, in introducing our bill which would pro- IN THE HOUSE OF REPRESENTATIVES eleven major articles and book chapters and tect, as confidential tax information, advance dozens of conference papers. While in Detroit, pricing agreements (APAs) and the informa- Tuesday, June 29, 1999 he was a board member and chairman of the tion in the background file. This information Mr. DOYLE. Mr. Speaker, I rise today in Center for Peace and Conflict, which is affili- would be protected under Section 6103 of the support of H.R. 2018, the Child Custody Pro- ated with Wayne. He also taught at the Uni- Internal Revenue Code and treated as an ex- tection Act. This important legislation reaffirms versity of Wisconsin, at Antioch College in ception to the public inspection provisions pro- the vital role of parents in our families, and Ohio and at the University of the West Indies, vided in Section 6110 of the Code. CONGRESSIONAL RECORD — Extensions of Remarks E1423 The APA program began in 1991. From all Competing with over 10,600 schools from all is faithful to Mayor Lee's original vision and is reports it has been successful. The program across the nation, this group of students from a vital force in our community. has provided a mechanism to resolve transfer Texas entered and won honors in the ``Set A It is with great pride that I extend my con- pricing issues (i.e. the appropriate arm's Good Example'' competition, a contest spon- gratulations to the New Haven Commission on length price for sales, services, licenses and sored by the Concerned Businessmen's Asso- Equal Opportunity and Executive Director other transactions between related parties) of ciation of America. The ``Set A Good Exam- John Cox on its 35th Anniversary. I offer my multinational companies for not only prior ple'' campaign rewards students for their con- sincere thanks and appreciation for all your years, but also for specified years in the fu- cern and participation in programs that high- work and best wishes for continued success. ture. It saves time and money for the govern- light the dangers and detrimental effects of f ment as well as for taxpayers. It also reduces crime, violence, and illegal drugs. protracted and costly litigation. The program The Oliviera Middle School and Landrum El- TRIBUTE TO DR. J.M. SAEGER involves not only taxpayers and the IRS, but ementary School groups formulated and cre- also where certain double taxation treaties are ated projects emphasizing good moral guide- applicable, foreign taxing authorities as well. lines. Their projects celebrated common sense HON. IKE SKELTON From the beginning of the program, tax- and understanding the importance of being OF MISSOURI payers, as well foreign governments, have re- honest, trustworthy, competent, honorable and IN THE HOUSE OF REPRESENTATIVES lied on assurances that the information re- industrious. The project also condemned vio- Tuesday, June 29, 1999 ceived or generated by the IRS would be pro- lence, murder, and illicit drug use. At a time Mr. SKELTON. Mr. Speaker, it has come to tected under the confidentiality requirements when our young people face the adverse chal- of Section 6103. Such assurances were based my attention that the City of Lebanon, Mis- lenges of crime and violence, I applaud their souri, celebrated ``Dr. J.M. Saeger Apprecia- on published IRS information. As a result, mul- efforts that highlight personal moral integrity tinational companies were willing to disclose tion Day'' on June 16, 1999. and commitment to social action. Dr. Saeger was honored by the City of Leb- sensitive pricing information, trade secrets, I am very proud of these students, but I and other data in the interests of efficiently de- anon for his 30 years of service on the Board know they did not do this alone. I commend of Commissioners of the Housing Authority, termining the proper and agreed-upon transfer their parents, their teachers, their friends and pricing methodology and agreement. where he also served as board president for their school staff for supporting and encour- many years. Dr. Saeger has a long history of Earlier this year, the IRS notified taxpayers aging them in this proud undertaking. At a that, contrary to its long-standing policy, the public service. A veteran of World War II, he time when our national conversation has cen- faithfully served his country in the military. He APAs are subject to disclosure under Section tered on underlying causes of youth violence 6110Ðwhich requires disclosure of any IRS also served as the official Lebanon weather in the aftermath of several high-profile school observer for the National Weather Service for ``written determination''. This change by the shootings, I am proud to offer these young IRS came in response to a lawsuit brought by 26 years. Dr. Saeger, who holds a doctorate people as examples for others. in chiropractic medicine, continues to practice. a commercial publisher of tax information. Al- Mr. Speaker, I ask my colleagues to join me though the lawsuit is not settled, the IRS is Mr. Speaker, I know the Members of the today in applauding these students from House will join me in paying tribute to Dr. proceeding with redaction and release of the Oliviera Middle School and Landrum Elemen- APAs issued since 1991. The release is Saeger for his dedication to his community tary School. They strive for the moral integrity and selfless public service. scheduled for October, 1999. that all Americans, young and old, should We do not find it difficult to believe that tax emulate. [From the Lebanon (MO) Daily Record, June return information, as well as pricing, trade se- f 17, 1999] crets and other sensitive data which were pro- DR. SAEGER HONORED FOR 30 YEARS OF vided and used in completing an APA, remain HONORING THE NEW HAVEN COM- SERVICE confidential under Section 6103, and excluded MISSION ON EQUAL OPPOR- Dr. J.M. Saeger of Lebanon was honored by from the provisions of Section 6110. Other- TUNITY FOR 35 YEARS OF SERV- friends, family and the Lebanon community wise, we do not believe taxpayers will con- ICE Wednesday at St. Francis De Sales Family tinue to support the program. Clearly it is es- Center during a surprise birthday party. Dr. sential under our tax system to provide as HON. ROSA L. DeLAURO Saeger and his family include Joan Harris, much useful tax guidance to the public as pos- Ken Harris, Joey Harris, 7, and Jake Harris, OF CONNECTICUT sible, while maintaining the confidentiality and 6, of St. Charles, Dr. Saeger of Lebanon, An- IN THE HOUSE OF REPRESENTATIVES gela Prost, and Tom Prost of Columbia, IL, identity of the taxpayers involved. Thus, the Rita Cole, and Hayley Cole, 2, of Springfield, bill would provide for an annual report by the Tuesday, June 29, 1999 and Vivian Smith of Kansas City. Lebanon Secretary of the Treasury. This report would Ms. DELAURO. Mr. Speaker, it gives me Mayor Bud Allen, State Sen. John T. Russell include statistical information on the issuance great pleasure to rise today to congratulate and State Rep. Beth Long attended the cele- of APAs and renewed APAs. In addition, the the New Haven Commission on Equal Oppor- bration where a proclamation was signed report would set forth general summaries of tunity on its 35th Anniversary. I wish I could making June 16, 1999, Dr. J.M. Saeger Appre- ciation Day in Lebanon. Dr. Saeger has the methodologies used in the APAs, together be there today as the community gathers to with hypothetical examples. Such a report served on the Board of Commissioners of the celebrate this wonderful occasion. Housing Authority of the City of Lebanon should serve the interests of providing addi- The New Haven Commission on Equal Op- for 30 years, serving as board president for tional guidance to taxpayers regarding the ap- portunity is the oldest municipal civil rights many years. He served his country in the proach used by taxpayers and the IRS in agency in the United States. In 1964, after at- military and as a veteran of World War II. He reaching agreements on transfer pricing. tending the U.S. Conference of Mayors hosted served as the official Lebanon weather ob- We invite our colleagues to join us in sup- by President Kennedy, former Mayor Richard server for the National Weather Service for porting this important legislation affecting the Lee returned to New Haven with a commit- 26 years. Dr. Saeger earned his doctorate in confidentiality of taxpayer information. chiropractic medicine and continues to prac- ment to combat discrimination in all forms and tice. f a determination to make the city of New WINNERS OF THE ‘‘SET A GOOD Haven a national model of equality. Together f EXAMPLE’’ COMPETITION with the New Haven Board of Aldermen, he established the New Haven Commission on PERSONAL EXPLANATION Equal Opportunity. HON. SOLOMON P. ORTIZ For more than three decades, the Commis- OF TEXAS HON. CAROLYN McCARTHY sion has been on the front lines of the battle IN THE HOUSE OF REPRESENTATIVES OF NEW YORK to extend equal opportunity to all. In recent IN THE HOUSE OF REPRESENTATIVES Tuesday, June 29, 1999 years, the Commission has developed a city- Mr. ORTIZ. Mr. Speaker, I rise today to wide plan to combat sexual harassment in the Tuesday, June 29, 1999 commend two very special groups of students workplace, as well as a unique tracking sys- Mrs. MCCARTHY of New York. Mr. Speak- in South Texas from two extraordinary tem to ensure contract compliance in all city er, if I had been present on Friday, June 25, schools: Landrum Elementary School in San construction projects. In fighting to protect the 1999 I would have voted in support of H.R. Benito, Texas, and Oliviera Middle School in rights of women, minorities, and workers, the 1802ÐThe Foster Care Independence Act of Brownsville, Texas. New Haven Commission on Equal Opportunity 1999. E1424 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 WINNERS AT THE NATIONAL HIGH through very difficult times. His wife said, ``He ports it to the West. The Taliban have been SCHOOL SPEECH AND DEBATE went 24 hours a day,'' and understood that giving refuge to Osama bin Laden, the Saudi TOURNAMENT what he did would ultimately help him and his terrorist, who is responsible for the deaths of family as well. American diplomats. And the Taliban's policy HON. JAMES M. TALENT In the early 1990's, Wardell helped lead a of systematic repression of women is barbaric OF MISSOURI campaign that resulted in the Federal Govern- and unacceptable to both Western, Eastern, IN THE HOUSE OF REPRESENTATIVES ment granting some Chicago Housing Author- Islamic, Christian, Hindu, Buddhist or Jewish ity residents a level of control over their own cultures. Tuesday, June 29, 1999 buildings. Wardell filled many roles over the The Taliban must be stopped. Their exist- Mr. TALENT. Mr. Speaker, I rise today to years, including president of his building at ence and growth threatens the current re- recognize six outstanding students from my 2450 W. Monroe. His wife said, ``Wardell was gional movement towards representative forms district. These students set their sights high, like a father to the people here.'' They of government. and as a result, competed in the National High wouldn't make a move unless they talked to One year ago, India and Pakistan tested nu- School Speech and Debate tournament. him, wouldn't sign anything unless they con- clear weapons. Severe sanctions were swiftly Two thousands students from all over the firmed it with Wardell. Everybody knew that he imposed by U.S. law. Since then we have country competed in the tournament this year. would do the right thing. seen a slow but steady effort by Washington To qualify these students first competed in rig- Wardell worked at Malcolm X College as a and New Delhi to resolve our differences. Re- orous district competitions. Marquette High security aide and for 10 years was a Cook grettably, the effort has not gone as fast as School's speech and debate team, coached County Sheriff's Deputy. Here was a man who some of us would like. To a large degree it by Mrs. Kim Cranston, sent six talented stu- truly understood what leadership was really has been slowed down by a misperception by dents to national competition. about. ``First of all, servant of all,'' he has now the State Department of India's motivations for First, Edward Tulin was named National transcended all and leaves a wonderful wife the testing. While I am a strong supporter of Champion of Domestic Extemporaneous Marie, who shared in his work, three daugh- nuclear non proliferation it is curious that Speaking for 1999. Mr. Tulin has been com- ters, two sons, two sisters, and eight grand- foggy Bottom has difficulty understanding In- peting in speech and debate for four years children. dia's concerns about China's regional inten- and spoke in 13 rounds of competition to win Wardell died, but his will and drive to save tions. China has given nuclear and ballistic the title. Public Housing will continue to live on. Wardell weapon support to Pakistan on India's western Second, there were five other students who was able to bring people together, was full of border. China has a close relationship with competed and excelled at the national level. patience and has a genuine desire to see de- Burma's narcodictatorship on India's eastern These students were: Justin Kempf who mocracy work. He was love in action. border having shipped over $1.4 billion in arms to Rangoon. And of course China bru- placed 8th in Student Congress' Senate divi- f sion. Emily Vreeland who was a Semifinalist in tally occupies Tibet on India's northern border Student Congress' House division. Jane IN SUPPORT OF PEACE IN . . . the Tibetan/Indian border is bristling with Diecker and Edward Tulin who advanced to KASHMIR, H. RES. 227 PLA troops. Even more puzzling, has been the Adminis- the 2nd level of competition in Policy Debate. tration's failure to acknowledge how State De- Kane Huang and Elise Manning who com- HON. BENJAMIN A. GILMAN partment policy has helped to bring about In- peted in the Duo Interpretation competition. OF NEW YORK dia's sense of insecurity by inadequately re- And finally, I would like to recognize Mrs. IN THE HOUSE OF REPRESENTATIVES sponding to China's violation of the Nuclear Kim Cranston whose dedication and tireless Tuesday, June 29, 1999 Non Proliferation Treaty. We must not forget efforts have aided in the success of these stu- Mr. GILMAN. Mr. Speaker, today I am intro- that China sold and transferred nuclear weap- dents and many more. Her commitment to on's technology to Pakistan. education and belief in the potential of each ducing H. Res. 227, legislation expressing the sense of the Congress in opposition to the If India, or any other nation, is expected to student is an example of excellence in teach- refrain from building a nuclear deterrent, then ing. Government of Pakistan's support for armed incursion into Jammu and Kashmir, India. the U.S. and other nuclear powers must en- Mr. Speaker, I am pleased to be able to rec- sure that these non nuclear nations are not ognize these extraordinary young people for The Government of Pakistan has long sup- ported terrorism in India. However, this latest bullied by their nuclear neighbors. their achievements. Their success is a true re- Earlier this month, the Senate adopted leg- incident is far beyond the usual murder of in- flection on not only their drive and determina- islation that has many provisions regarding nocent civilians on a train or at a wedding tion, but also on the parents, family members, current sanctions against India and Pakistan. and teachers who have supported their hard party. The Pakistan Army, intelligence service One provision would suspend sanctions work and determination. These students are and government has moved thousands of men against India and Pakistan for a period of five an excellent example of what young people and materials up to the Pakistan side of the years. While I strongly favor this, I very much will achieve when given the opportunity. LoC and sent hundreds of army regulars oppose a provision in the bill that uncondition- f across the line. The Pakistan Army is laying ally repeals the Pressler amendment. As you down artillery fire in support of the Pakistani must recall, the Pressler amendment requires IN HONOR OF THE LATE WARDELL invaders. the President certify to the Congress that YOTAGHAN For many years, India has been suffering Pakistan is not developing nuclear weapons. from Moslem extremist attacks originating from The question is, why on earth with Pakistan HON. DANNY K. DAVIS Afghanistan and Pakistan which are supported supplying critical support for the Taliban do we OF ILLINOIS by the Pakistani government. Last year Ameri- want this time to reward Pakistan by uncondi- IN THE HOUSE OF REPRESENTATIVES cans received a bitter taste of what India ex- tionally lifting the Pressler amendment? periences on a regular basis in Kashmir when Tuesday, June 29, 1999 It also should be noted that Pakistan has those same terrorist groups killed our dip- provided China with assistance that is detri- Mr. DAVIS of Illinois. Mr. Speaker, I rise to lomats in two of our embassies in Africa. mental to our national security. pay tribute to a real hero. No, he did not hit The Government of Pakistan gives political, The Lahore Summit established a frame- 70 home runs, steal any bases, slam dunk material and moral support for terrorism in work for bilateral cooperation and reconcili- any basketballs, nor was he an actor. No, he Jammu and Kashmir. The Pakistani govern- ation between India and Pakistan. Lahore was for real. He was Wardell Yotaghan, a ment supports training camps for terrorists that gives hope for the new Indian government that man who lived and worked, who spent his life operate around the world. And as I have stat- will be elected in September to carry the proc- trying to make life better for people who lived ed, many Americans have died as a result of ess forward in Pakistan. Pakistan should with- in public housing. Mr. Yotaghan died of a their attacks. draw its forces and get on with it commend- heart attack at the age of 53, much too young, Pakistan is the backbone behind the Taliban able efforts begun in Lahore. before his time; but that's not unusual for Afri- fundamentalist group in Afghanistan. The Pak- Our own bilateral relationship with India can-American males. Black men have the low- istani government gives critical military, should not be dominated by security issues. est life expectancy rate of any large group in logistical and political support for the Taliban's The relationship should remain as broad as America. military effort against legitimate representative what we enjoy with other democracies. Wardell did not live long, but he lived well. political alternatives. The Taliban, as a matter India's economic growth, and U.S. invest- He lived well enough to help countless others of policy, produces heroin and purposely ex- ment to help spur that growth, should be at CONGRESSIONAL RECORD — Extensions of Remarks E1425 the top of our mutual agenda. India's vast pool Pakistan to adhere to the principles of the of the magics that is America is the diver- of highly trained English speaking profes- Lahore Declaration. sity of culture, accepting any and all cus- toms, and yet still adopting them as valid sionals offers our nation critical resources in f Americans. our efforts to stay competitive and to remain PERSONAL EXPLANATION We have known what it is like to be the the world's leader in high tech industry. We underdog, we have felt the ridicule of the need to offer India a security and economic rest of the world, and the pressures of an partnership. HON. LOUISE McINTOSH SLAUGHTER often losing struggle to overcome all odds, India's testing must be understood in terms OF NEW YORK against us, and we continue to offer our sup- port to those who feel the stress we felt, and of its verifiable, objective security concerns IN THE HOUSE OF REPRESENTATIVES and how the world's nuclear powers have re- more. And each and every one of those peo- Tuesday, June 29, 1999 ple we bring in as our own call themselves sponded to those concerns. Any changes to Americans, yet are they believed by the ma- the Pressler amendment should be considered Ms. SLAUGHTER. Mr. Speaker, on Friday, jority? In our society today, there is great in terms of U.S. national interests in relation to June 25, I was unable to be present for rollcall conflict on every issue that could possibly be Pakistan's behavior. vote No. 256. Had I been present, I would argued over, and people speak of the destruc- Mr. Speaker, I will soon be introducing legis- have voted ``yes'' or ``aye'' on rollcall vote No. tion of the American spirit. Yet the fact lation regarding sanctions against India and 256. being overlooked is that the basis of the Pakistan. However, before we consider any f American way of life is within discord; we have the American right to disagree. But changes in the law affecting Pakistan there that discord brings about a people of accord, must be fundamental changes in the Govern- ARE YOU AN AMERICAN? THOUGHTS FOR INDEPENDENCE does it not? Through the wars fought and the ment in Pakistan. We cannot support a gov- policies enacted, we have always agreed to ernment that permits and encourages actions DAY disagree in one way or another, and that that lead to the murder of Americans or any leads to a harmony of the people. other innocent civilians. HON. JIM McDERMOTT But does an American necessarily have to According, I urge my colleagues to support be a hero, or a recently discovered patriot? OF WASHINGTON Think of the thousands of soldiers whose H. Res. 227. IN THE HOUSE OF REPRESENTATIVES names you’ve never heard, of the ones who H. RES. 227 Tuesday, June 29, 1999 have died for this country in the last 200 or Whereas the United States has a vital in- so years, and of those who survived, who terest in ensuring stability in South Asia, Mr. MCDERMOTT. Mr. Speaker, while par- make sure these heroes can live on in Amer- reducing tensions between India and Paki- ticipating in the recent Memorial Day observ- ican hearts. Think of the average working stan, and preventing the spread of terrorism; ance at Veterans Memorial Cemetery in my citizens, those who hold strict morals for Whereas Pakistani-backed armed forces District, I was privileged to hear an inspired themselves and those around them, who live and, reportedly Pakistani regulars, have essay about what it means to be an American. their lives maybe raising a farm and a fam- ily. These people proudly call themselves crossed from Pakistan into Jammu and This essay was composed and presented by Kashmir, India, and occupied Indian military Americans, and we believe them. Why? The Elizabeth [Liz] Bokan, a student at Washington truth is, Americans are people who will die positions that were temporarily abandoned Middle School in Seattle. Many of us in the for the winter season; for their country, who will stand up for their Whereas this incursion has the financial audience were deeply moved by Ms. Bokan's rights and those of the oppressed. Sure, it and military support of Pakistan; eloquence. Her words lend us confidence that may be done with fear in their hearts, but is Whereas Pakistan’s strategy is to support our future as a nation is in the good hands of fear not also an American standard? We the armed incursion into Kashmir and re- enthusiastic and creative younger generations. thrive on it, and have never felt the need to negotiate the Line of Control; Mr. Speaker, many of us will celebrate Inde- deny ourselves of it. The people we embrace Whereas the Indian armed forces have been and those who do the embracing are Ameri- pendence Day by participating in naturalization cans. It is a state of mind to be an American, forced into action to defend the territory on ceremonies, helping to welcome new citizens the Indian side of the Line of Control and it is a love and joy in our freedom. I am an push the terrorists and Pakistani military to our ranks. I proudly offer Ms. Bokan's essay American, and if I could, I would tell the forces out; to all my colleagues as we return to our dis- world, but it is enough to know that I can, I Whereas Pakistani armed forces, report- tricts to renew the bonds that hold us together have the right to, and that absolutely no one edly, are involved in these incursions; as a nation this July 4th. can stop my love of the American spirit Whereas the actions by Pakistan are con- which I call my own. ARE YOU AN AMERICAN? trary to the Lahore Declaration, an agree- f ment between India and Pakistan to promote Are you an American? Ask yourself this, regional stability, peace, and security in and you come upon the easy answer, well IN HONOR OF DON FOWLER South Asia; yes, I am an American, as I am a citizen of Whereas the forces include well-trained America. But I ask you, is there not more to HON. JAY INSLEE and heavily armed Afghans and Pakistanis being an American? And how does a true pa- OF WASHINGTON associated with Osama bin Laden, the triot respond to pressure on one’s beliefs, Harkat-ul-Mujahideen, and the Government while maintaining the presence of mind that IN THE HOUSE OF REPRESENTATIVES of Pakistan; and is characteristic of being an American? Tuesday, June 29, 1999 In my school, I have been taking a class on Whereas the Group of Eight (comprised of Mr. INSLEE. Mr. Speaker, I rise today to the United States, France, Germany, Italy, American History. The truth will always United Kingdom, Japan, Canada, and Russia) hurt, no less in the sense of what this coun- pay tribute to an exceptional college president on June 20, 1999, called for an immediate end try great. I have learned of battles fought, in my district, Mr. Don Fowler. Mr. Fowler will to the hostilities, restoration of the Line of and unnecessary blood spilled, and to what retire as President of Lake Washington Tech- Control, full respect in the future for the cause? Yet reading these texts, and seeing nical College on June 30, after 19 years on its Line of Control, and resumption of the dia- these illustrations of great American heroes, campus. logue between India and Pakistan in the one thing seems to shine through. The pride Lake Washington Technical College has spirit of the Lahore Declaration: Now, there- individuals appear to hold in their home, in blossomed under Mr. Fowler's leadership. The fore, be it their title, and in their love for themselves college, which enrolls 20,000 students, is the and their people. Does that not signify that Resolved, That it is the sense of the House largest hi-tech college on the East Side. More- of Representatives— these people were very much Americans? But (1) that it should be the policy of the does each and every person have to measure over, 92 percent of its graduates secure em- United States to oppose the Government of up to the incredible genius of Abraham Lin- ployment upon graduation. Pakistan’s support for armed incursion into coln and Benjamin Franklin simply to be Lake Washington Technical College's strong Jammu and Kashmire, India; called an American? commitment to life-long learning is exemplified (2) that it should be the policy of the We are by name the country that accepts by its extensive curriculum. Vocational edu- United States to support the immediate the unwanted of other societies; the Statue cation is just one of the many paths students withdrawal of intruding forces supported by of Liberty asks for the sick and poor of the may choose. This college also offers ad- Pakistan from the Indian side of the Line of rest of the dismal world to travel to Amer- vanced skill training for the employees of local Control, to urge the reestablishment and fu- ica, the land of the free. It is said that we ture respect for the Line of Control, and to have lost our charity, and our openness to industries, hi-tech training, ESL classes for re- encourage all sides to end the fighting and the rest of the world’s outcasts, and yet do cent immigrants, and courses geared toward exercise restraint; we not open our lives and hearts to the im- high-school students. (3) that it should be the policy of the migrants that come to us searching for a While I am confident that Lake Washington United States to encourage both India and better life, for the ‘‘American Dream’’? One Technical College will continue to be a first- E1426 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 rate educational institution without Mr. Fowler, ‘‘The prospect of repairing a damaged U.S. employers, threaten the jobs of U.S. the college will indeed loose a remarkable ed- brain is pretty remarkable,’’ said Dr. Curt workers, and increase taxpayers' cost of the ucator. Freed, who did the study. ‘‘It has been pos- government buying goods and services. Mr. Speaker, even though Mr. Fowler is set sible to show significant improvements in some patients who suffered from a chronic DOES RULE ‘‘BLACKLIST’’ BUSINESS? to retire, I know that he will be an active par- neurologic disease for an average of 14 CONTRACTORS MAY BE PRESUMED GUILTY ticipant in the community for years to come. years.’’ UNDER GORE PLAN Again, thank you, Mr. Fowler, for your many But there is a price for Dr. Freed’s success. (By John Berlau) years of service. The new brain cells have to come from some- Al Gore’s official campaign for president f where. And they don’t come from pigs. They come from fetuses, which is a polite has just begun. But he’s already upholding a BABIES AS MEDICAL PRODUCTS way of saying they come from tiny human pledge to organized labor that has business beings. The tiny human beings didn’t will- groups fuming. ingly give up their brains. Nobody asked Gore made his promise when House Minor- HON. HENRY J. HYDE them to sign papers donating their bodies to ity Leader Richard Gephardt, D–MO—a OF ILLINOIS science. union favorite—was considering a White IN THE HOUSE OF REPRESENTATIVES They didn’t have much say in the matter. House run. In February 1997, Gore told the AFL–CIO Executive Council that ‘‘the Clin- Tuesday, June 29, 1999 They were aborted. The National Institutes of Health—which ton administration will seek to bar compa- Mr. HYDE. Mr. Speaker, John Kass, a means the federal government—has lifted its nies with poor labor records from receiving thoughtful columnist for the Chicago Tribune, ban on the use of human fetal cells and is government contracts.’’ If a company wants to do business with the on June 28, 1999, wrote an important column bankrolling several other similar studies. Meanwhile, the White House worries that Federal Government, Gore said, it has to about a development in modern medicine that ‘‘respect civil, human and union rights.’’ has the most serious consequences for the video games cheapen human life and make possible massacres like the one in Littleton, Fearing that this promise could become a value of human life. I commend Mr. Kass' arti- Colo. regulation that favors organized labor, cle to my colleagues: Courts and abortion rights advocates have groups like the U.S. Chamber of Commerce, the National Association of Manufacturers [From the Chicago Tribune, June 28, 1999] said that what grows in a mother’s womb is not a human being. You don’t say baby. and the Associated General Contractors of DRAW THE LINE NOW AGAINST USING BABIES That’s impolite. You say ‘‘it,’’ because that America have been worrying ever since. AS MEDICAL PRODUCTS makes a human being easier to kill. Their fears may be justified. The rule is (By John Kass) The debate over abortion is an old one now circulating around federal agencies and It’s an ugly twist on an old science fiction now. Most folks have settled into their posi- lawmakers’ offices. It’s expected to be pub- theme: tions and defend them vigorously. That’s not lished in July. Would you use the body parts of an inno- going to change. It would give bureaucrats power to deny cent baby so that you could live a happier What’s changing is that we’re progressing government contracts to companies that are life? to a civilized new stage—turning human merely accused of violating labor, antitrust, Would you support a system of incentives beings into valuable commodities—in which health, consumer or environmental laws. to kill other babies, and process them like the bodies of the helpless are used to im- The charges don’t have to be proved in court; meat at a packing plant, for the benefit of a prove the lives of the powerful. allegations alone may be enough. frightened Baby Boom generation terrified of And it’s being done in the name of cold sci- The rule could affect the $180 billion spent Alzheimer’s disease and death? entific reason. The rhetorical pathway was on federal contracts with private companies Of course not. The suggestion is monstrous cleared years ago, when the Germans built each year. It’s estimated that companies and dehumanizing. By comparison, it makes Buchenwald and Auschwitz and other places. doing at least some business with the Fed- what the Serbs and Albanians are doing to Soon other folks with Parkinson’s or other eral Government employ more than 25 mil- each other look like a gentle game. brain disorders such as Alzheimer’s disease lion people and account for more than a fifth But the science fiction scenario doesn’t will seek such treatments. The Baby Boom of the work force. generate the terrifying passions of old Bal- generation that has never been denied will The rule is ‘‘much, much worse’’ than ex- kan blood feuds. make its demands. pected, said labor lawyer Hal Coxson, who’s Instead, it’s calculated, without anger, and It’s human nature to use available re- executive director of the National Alliance practiced by reasonable men and women in sources to satisfy the most powerful human Against Blacklisting, a coalition of business white lab coats. need: staying alive. groups opposed to the rule. It’s about pure reason, efficiency and sci- So aborted human babies will become re- ‘‘This is huge,’’ said Randy Johnson, vice entific rationalism. It’s what a culture can sources. They’ll become products, subjected president for labor and employee benefits at do when it loses its soul. If you don’t believe to the market. Because they’ll have value, the U.S. Chamber of Commerce. me, ask a Jew about the Nazi concentration there will be an incentive to provide more. But Steven Kelman, head of the White camps. Their bodies will be served up for the benefit House Office of Federal Procurement Policy So get horrified. Because it’s not science of adults. (OFPP) from 1993 to 1997, said the rule rep- fiction. It’s happening now, in our country. If we don’t stop it now, if we accept this resents ‘‘a common sense point of view: If I read about it in Sunday’s Tribune, in a crime in the name of scientific reason, we’ll you violate the law, you can’t do business fascinating story by science writer Ronald lose ourselves. with the Federal Government.’’ Kelman says Kotulak under the headline ‘‘Stem cells Ask a mother carrying a child inside her. it’s not that different from existing rules opening path to brain repair.’’ Ask her if it’s not human. Ask any father contractors must obey. It began with an anecdote about a woman who puts his hand on his expectant wife’s Gore spokesman Christopher Lehane told with Parkinson’s disease. Her name is Dr. belly and feels a tiny foot. National Journal that the vice president Jacqueline Winterkorn. The drugs she was In a few weeks, they’re out and looking up ‘‘has paid a great deal of attention to (the taking to fight the disease weren’t working to you. They grab your finger. You kiss their proposal) because it will help labor in its ef- anymore. necks. Someday, when they’re old enough, forts to continue organizing.’’ ‘‘It’s a very sad disease,’’ Dr. Winterkorn they might ask you what fetal brain stem Attempts to get comments from Gore’s was quoted as saying. ‘‘People are locked cell research is all about. campaign, his office and OFPP were unsuc- into bodies that don’t move. Their brains are What will you tell them? cessful. working, their minds are working, but they A copy of the regulation obtained by Inves- f can’t talk and they can’t move. tor’s Business Daily shows how far it could In other words, they’re human beings im- THERE THEY GO AGAIN: MORE ON reach. It says bureaucrats should deny a govern- mobilized through no fault of their own, THE CLINTON-GORE SCHEME TO trapped without speech. They have emotions, ment contract if there’s ‘‘persuasive evi- but they can’t do anything about it. They’re BLACKLIST U.S. JOBS dence of the prospective contractor’s lack of helpless. compliance with tax laws, or substantial Like a fetus. HON. RANDY ‘‘DUKE’’ CUNNINGHAM noncompliance with labor and employment But Dr. Winterkorn’s condition began im- laws, environmental laws, antitrust laws and OF CALIFORNIA proving, the story said, after she was given other consumer protections.’’ millions of new brain stem cells because her IN THE HOUSE OF REPRESENTATIVES In some cases, violations don’t have to be own brain cells weren’t doing their jobs. Her Tuesday, June 29, 1999 proved. According to the rule, ‘‘final adju- brain cells weren’t producing enough dication’’ isn’t needed if the contracting offi- dopamine to control her movements. Mr. CUNNINGHAM. Mr. Speaker, I want to cer finds ‘‘persuasive evidence of substantial The new brain stem cells worked just fine. share with my colleagues the perspective of noncompliance with a law or regulation.’’ They produced dopamine in her brain. She the Investor's Business Daily newspaper on A fact sheet White House officials provided improved. The scientists are thrilled. the Clinton-Gore scheme to blacklist certain to lawmakers gives specific examples of CONGRESSIONAL RECORD — Extensions of Remarks E1427 when contracts could be denied. These in- An aide says Norwood may try to get law- bypass surgery. Bob was an inspiration to all, clude complaints filed by: makers to overturn the rule. sustaining his vibrance in the political realm The Equal Employment Opportunity Com- Coxson says it may be unconstitutional, mission involving ‘‘alleged employment dis- because Congress hasn’t delegated this power though in less then the best of health. Unfortu- crimination.’’ to the White House. He and other lawyers nately, Bob Bullock's health problems eventu- The National Labor Relations Board for also say it could violate the Constitution’s ally caught up with him. In his final days Bob ‘‘an alleged unfair labor practice.’’ ‘‘due process’’ provisions. lost the battle to lung cancer and heart dis- The Labor Department ‘‘in a matter in- Business groups also worry about a part of ease. volving alleged violations of OSHA (Occupa- the rule saying that contractors must have Loved by some, but respected by all. He tional Safety and Health Administration)’’ the ‘‘necessary workplace practices’’ ad- was one of the greatest legislators in the his- rules. dressing ‘‘worker retention.’’ They say this Because the government could deny con- could bar contracts to companies that lay off tory of the State of Texas. The Lone Star will tracts based on suspicion and allegations, workers or hire striker replacements. be forever indebted to this man or his vision, rather than proven charges, critics call this ‘‘Gore promised this,’’ the Chamber’s John- and his determination as a lawmaker. A long- the ‘‘blacklisting regulation.’’ son said. ‘‘He can tell organized labor he time top aide of the former Lieutenant Gov- This could drive a wedge between Gore and went forward, and then, if it dies, he can ernor affirmed that ``he never forgets anything'' one industry he claims to champion—the blame the Republicans.’’ and Texas will never forget Bob Bullock. high-tech sector. Nancy Saucier, manager of domestic policy f f for the [American Electronics Association], TRIBUTE TO FORMER LIEUTENANT high tech’s biggest trade group, said fighting GOVERNOR BOB BULLOCK this regulation is one of the [AEA]’s ‘‘top A GREAT MAN WHO CONTINUES TO three’’ issues this year. OFFER EACH OF US INSIGHT The Defense Department ‘‘is the largest HON. EDDIE BERNICE JOHNSON FOR THE FUTURE purchaser in the world of high-tech prod- OF TEXAS ucts,’’ Saucier said. ‘‘If (companies suddenly) IN THE HOUSE OF REPRESENTATIVES found that they’re winning only 50% of the HON. JENNIFER DUNN contracts that they won before, due to these Tuesday, June 29, 1999 OF WASHINGTON arbitrary determinations, it’s going to affect Ms. EDDIE BERNICE JOHNSON of Texas. IN THE HOUSE OF REPRESENTATIVES their bottom lines incredibly.’’ The rule will Mr. Speaker, I rise today to pay tribute to Tuesday, June 29, 1999 probably affect companies’ share prices as Former Lieutenant Governor Bob Bullock. The well, she adds. man I speak of today is so deeply entrenched Ms. DUNN. Mr. Speaker, I rise today to no- Saucier and others worry the rule will give tify the House of Representatives of a speech perverse incentives for companies to dig up in the political framework of Texas, that he has often been regarded as a legend in my recently given by the former Speaker of the dirt on their rivals. Coxson notes that con- House, Newt Gingrich. In May, with the other sumer and environmental groups and dis- home state. gruntled employees could also present com- Bob passed away on June 18th 1999, and Republican women Members of Congress I in- plaints to agencies in order to deny compa- the entire State of Texas mourns his death. vited women from around the country to at- nies contracts. But I stand before you today to salute his life. tend the second annual Republican Women Former OFPP head Kelman, now a pro- I am proud to say that Bob Bullock was a Leaders Forum. fessor of public management at Harvard, said friend of mine, in both the personal and polit- At the forum there were many speeches he thinks the power to bar companies for ical arena. This man was renowned for having given, but one of the highlights was a speech suspected violations will only be used in ‘‘ex- given by Newt Gingrich on the morning of May tremely egregious’’ cases. an explosive temper and striking fear into his He confidently predicted that ‘‘a con- opponents. Yes, he did have an iron fist, but 12, 1999. His speech was heard by over tracting officer, given his lack of expertise, a heart of gold as well. Mr. Bullock will be re- 1,000 women and received ten standing ova- is going to be extremely reluctant to make a membered as a man whose dedication to the tions. The speech moved me and many of my determination that’s not based on a final ad- state of Texas stood above all political agen- colleagues who were in attendance. judication.’’ He also notes that companies das. As the man who led us in capturing and can sue if they feel they’ve been wrongly de- Bob Bullock began his career as a public holding a Republican majority in Congress for nied a contract. Attorney Karen Hastie Williams, head of servant in 1956, winning a seat in the Texas the first time since 1928, his comments con- OFPP under President Carter, strongly dis- Legislature. I had the opportunity to serve with tinue to offer each of us insight for the future. agrees. The rule ‘‘can be the camel’s nose Bob when I began my service in the Texas SPEECH OF NEWT GINGRICH, REPUBLICAN WOM- under the tent in terms of coming up with House of Representatives in 1972, and the EN’S LEADERSHIP FORUM, RONALD REAGAN arbitrary criteria to be used (against con- foresight to endorse him as a candidate for INTERNATIONAL TRADE CENTER, WASH- tractors),’’ she said. statewide Comptroller in 1974. Mr. Bullock INGTON, DC, MAY 12, 1999 A company unfairly denied a contract held the office of Comptroller for 16 years, be- Thank you very, very much, and thank you would have to go through costly lawsuits and Sue, [Myrick] and thank you Jennifer [Dunn] still couldn’t win back its bid, Williams says. fore being elected to the office of Lieutenant for inviting me and I also want to mention These delays would end up costing compa- Governor in 1990. Mac Collins a colleague from Georgia who nies and taxpayers. He served the State of Texas as Lieutenant Williams, who now represents companies Governor until he chose not to seek re-elec- came by a few minutes ago. It was great to that have contracts with the government, tion in 1998. As Comptroller and Lieutenant see him. This is actually the first serious says contracting officers already have the policy speech I’ve made since stepping down Governor, Bob Bullock influenced so much of as Speaker. power to review a company’s legal history if the major legislation passed in Texas over the it’s relevant to the contract. And I want to say, first of all, how grateful But this rule would open the door to pun- past two decades, that he has been consid- I am to be here. I had many offers, obviously, ishing technical violations of complex rules, ered a political giant. In fact, Governor George but what Jennifer Dunn has done in bringing Williams says. In labor law, companies are W. Bush paid tribute to Bob Bullock by calling together women leaders from all over the often found guilty when they haven’t fol- him ``the largest Texan of our time.'' Bob Bul- country is so important, and when she called lowed procedures correctly. ‘‘Often there lock has reached legendary status because me a couple of months ago, I said this was a hasn’t been any harm to anybody,’’ she said. his political savvy allowed him to have a hand date I would circle and be here. And I’m honored to be here with all of you. The White House and Kelman call this rule in nearly every major piece of legislation in a clarification of existing law. Williams and And remember, those of you who were here Coxson believe ti does much more. They say Texas since the 1970's. Among Mr. Bullock's last year, I revealed that—just as many of the rule substantially amends procurement greatest accomplishments as Comptroller and you are soccer moms. I was a ballet dad. law and other statutes by adding a new pen- Lieutenant Governor, were public education [laughter] And so I think our concern for alty—denying contracts. reform, water conservation, and performance children our concern for how they grow up, Coxson notes that in the 1970s and 1980s, reviews of state programs. we share a lot of that. lawmakers couldn’t get provisions banning Bob Bullock has had to overcome nearly as I also couldn’t help but think as Sue was contracts for labor law violations through a many struggles in his personal life as in his talking about the fact that the first two Democratic Congress. professional life. Mr. Bullock had been women to be officers of the House were under Prospects for getting this through a Re- the Republicans. The Democrats had never publican Congress are even lees likely. Rep. plagued by health problems, fighting as vigor- had a woman as officer of the House. The Charlie Norwood, R-Ga., who heads a sub- ously against illness as he had against polit- first women to chair full committees were committee of the House Education and ical opposition. Republicans; the first time we had three Workforce Committee, strongly opposes the He won battles against depression, and al- women in the leadership was under the Re- rule. coholism. He survived a heart attack and heart publicans. E1428 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 And I noticed something that has not yet re-elected in the House since 1928. And be- the networks with a story which began, ‘‘the been reported in Washington, but I think cause of your help, we were also the first Re- candle making industry was threatened will, by next spring, be a serious gender-gap publican majority in the House elected to a today.’’ [laughter] [applause] issue nationwide, and I just want to be clear third term since 1926. But, we are also not only a remarkable about this as a starting point for this speech: Now, I made a very difficult decision three country, we are the only global superpower I don’t know why there is no Democratic days after the election. Because I talked in the history of the human race. No other woman who feels confident enough to run for with my colleagues, and I reached a conclu- country has ever had the potential power president, but I am proud that it is the Re- sion that I’d been trying to do two jobs. One that we have. And yet, as a great country, publicans who have produced the first seri- to be a visionary, a strategist and a teacher, and a good society of decent people, we have ous, nationwide woman candidate for presi- to tell the truth as I saw it. And the other to Littleton. As the most powerful nation in dent. [applause] manage the House on a daily basis. And the the history of the world, we have Kosovo. And maybe the Democrat women are too two jobs weren’t the same job. And every Sunday you hear all the local intimidated by the White House style of One job required patience, endurance, will- self-appointed experts babble on with what- leadership, [laughter] maybe the Democratic ingness to listen, a willingness to get every ever trivia they heard that week. women are too shy, maybe they are too busy day the best you could get and move on. I want to give you my honest, personal waiting for Hillary to make up her mind, but That’s the Speaker of the House. It’s a thoughts on both those topics. Some of this I am proud that Elizabeth Dole is making a tough, tough job, and my heart goes out to may be a little controversial. And it should serious campaign, in a serious way, and Denny Hastert. He’s a great American, and I be. And I want to do it in a spirit, as a history frankly I would so much prefer her to either think as he learns the job he’s going to be teacher, of Emile Zola, who wrote J’Accuse, Gore or Bradley, that I am proud that she is better and better, and you’re going to be ‘‘I accuse.‘‘ A Jewish officer in the French out there campaigning across this country. very proud by next year. And compared to army had been framed, largely because of [applause] Dick Gephardt, Denny Hastert is absolutely anti-Semitism. The elite culture had covered And for all of our friends who may watch the Speaker we need, and Denny Hastert was up the framing they were all going to go this later on C-SPAN, I am not endorsing the person I backed strongly personally, be- along with destroying him, and Emile Zola anybody, but I think that it is exciting for cause he has the instincts to be a good legis- wrote a public letter saying, ‘‘this is wrong.’’ the Republican Party to have that caliber of lative leader. Which means, he’s not always And because of the moral courage of his leadership. going to look good in the press. That’s not letter, French society talked to itself, there Let me also thank you for your help. Sue the job of a Speaker. Tim O’Neil didn’t al- was a great crisis, and it changed. Captain also made the point, which is exactly right, ways look great in the press, but he was a Dreyfuss was exonerated, and the people who that with your help, in 1994, we ran an en- very effective Speaker for the Democrats. had framed him were punished. tirely positive campaign. We outlined a Con- But he will get the job done. He passed a So in the tradition J’Accuse, and Emile tract With America. With the help of the Na- budget this year, which I couldn’t get done Zola, I want to say to the elite of this coun- tional Committee, our biggest single ad was last year. And he’ll keep getting things done, try, the elite news media, the liberal aca- in TV Guide, it was small print, no pictures, because that’s the job of the Speaker. demic elite, the liberal political elite: I ac- didn’t mention the Democrats or Bill Clin- But it meant that for two years, I have cuse you in Littleton, and I accuse you in ton. It said, ‘‘if you hire us, this is our con- been drowning. I couldn’t do what I did dif- Kosovo, of being afraid to talk about the tract, this is what we’ll do.’’ When we elect- ferently, which is to tell the truth as I un- mess you have made, and being afraid to ed a new generation, and Sue was one of the derstand it. It’s not the ‘‘truth;’’ the ‘‘truth’’ take responsibility for the things that you leaders, a brand new team came to Wash- is known by God and the rest of us seek it. have done, and instead foisting on the rest of ington and much to the shock of people, we But to try every day to tell where we have to us pathetic banalities because you don’t actually kept our word. go. The way we developed the Contract. have the courage to look at the world you We passed welfare reform three times. The last five months I’ve had a chance to have created. [applause] Twice the president vetoed it, the third time be out around the country. To be beyond the Let me talk first about Littleton. A great it was very popular, we were close to the beltway, to not watch the Sunday shows, to tragedy. A tragedy that should frighten election, he announced he had invented it in ignore all the babble that his city mistakes every one of us. Both for those who were Arkansas, was sorry it took so long, and for dialogue. [laughter] [applause] killed, and for the killers. Because it means took full credit and signed it. And, I’ve had a chance to really think that any of us, in any school, no matter how But the fact is, for the Republicans who about where we are, and where we’ve going. good, could lose our children. And it means fought for it, today 43% fewer people are on And I decided that what I want to do today, any of us, in any home, could lose our child. welfare, and 43% more folks are working, and is share with you some thoughts about And we should have a national, open dis- that is a key reason we have a better econ- Littleton, and about Kosovo. I haven’t cussion about ‘‘how did we get here?’’ How omy, not Bill Clinton’s malarkey. [applause] talked on either one, and I probably won’t do did this great country, filled with good peo- The fact is, with Jennifer Dunn, and Sue it again for a good while. But if I’m going to ple who do amazing things allow it to degen- Myrick, and another presidential candidate, come here and be with you, I’m going to try erate to a point where young boys could John Kasich, who had the sheer courage as to be who I’ve always been, which is a person think such weird, perverse thoughts and then Budget Committee Chairman to produce the who tried to described what he really be- act on them. Where the innocent could die first balanced budget in a generation, [ap- lieved. for no reason. plause] you are now at a point where if you Let me start by saying that the thing that Let me give you my answer. One which I’m don’t elect another liberal congress, and you most clearly hits you, when you get beyond sure I’ll be castigated for, and I’m sure my don’t elect another liberal president, we will the elite media, is that this is a great coun- usual critics will write harsh columns about. have a generation of balanced budgets for try, filled with good people, and many of But it is the truth, and it makes them very the first time in 70 years. And that has low- them achieve amazing things. guilty and very uncomfortable, and they re- ered interest rates, and that has been a fac- For every child who ends up on the cover of flect that in their attacks. tor in this economy, not Bill Clinton’s ma- a magazine because they killed somebody, We have had a thirty-five year experiment, larkey. [applause] there are literally a million children going in a unionized, bureaucratic, credentialed, And let’s be clear: Bill Clinton was for a to school, trying to understand their role in secular assault on the core values of this balanced budget after the 300th focus group. life, trying to be decent to their fellow citi- country. And we should not be surprised that He fought us every step of the way until he zens. they eventually yield bad fruit, because they decided he had no choice, and for him to take For every child who ends up in a way that are bad seeds. They make no sense as a soci- credit is just a sign that he is the man we is tragic, there are hundreds of thousands of ety. know he is. [laughter] [applause] children who are trying very hard to learn to For thirty-five years, God has been driven Finally, with your help, we passed tax be American citizens. To be the kind of per- out of the classroom, and we have seen it re- cuts. A pro-family five-hundred-dollar tax son their family can be proud of. sult in a secular, atheistic system [applause] credit, against liberal opposition. A capital And I think we need to start by placing in in which God is not allowed to exist. [ap- gains tax cut to create more jobs, against perspective both Littleton and Kosovo. plause] liberal opposition. A cut in the death tax to We are the greatest society of freedom in For thirty-five years the political and in- strengthen family ties, against liberal oppo- the history of the human race. More people tellectual elites of political correctness have sition. And that helped the economy grow, pursue happiness, of more racial back- undermined the core values of American his- with zero help from Bill Clinton and Al Gore, grounds, with greater religious diversity tory, so that young people may not know except they caved in at the end and signed than in any country in the history of the who George Washington is, or they may not the bill they opposed. [applause] So let’s be world, and we should be proud that for most know who Abraham Lincoln is, but they do clear about why this economy’s healthy. of the time, America works, despite the news know what MTV is, and that is not progress, But it happened because of your help. It media mis-coverage of this country. [ap- that is decadence, and we should say it happened because you were willing to work plause] bluntly. [applause] hard, elect a Republican Congress, stand by And if my friends in the press think I’m For thirty-five years, bureaucratic, us and make us—not only were we the first tough on them, they’re right. The truth is, if credentialed unions have driven knowledge Republican majority in 40 years in the Thomas Edison invented the electric light out of the classroom, so today you can have House, we were the first Republican majority bulb today, it would be reported tonight on a certified teacher who can’t speak a foreign CONGRESSIONAL RECORD — Extensions of Remarks E1429 language try to teach it, while the person Then we talk about ‘‘latch-key kids,’’ when then let’s see how the liberals try to go to who can speak it can’t teach it because they it is the very liberal politicians who raised the Supreme Court to argue that you can’t either don’t pay the union dues or haven’t the taxes who created the latch-keys. [ap- talk about the Creator in class when in fact gotten credentialed, and that is madness. plause] it is a historical document about a historic [applause] But about Littleton, liberal politicians and fact that the Founding Fathers all believed We keep looking at our physics scores and the elite media yell ‘‘gun-control’’ because in God, including Thomas Jefferson, thank say ‘‘why do they decline?’’ And then you they can’t talk about their values, and the you very much, it’s his language. [laughter] find that in the inner city we have people effect they have had. [applause] who don’t know any physics teaching phys- Let me set some simple standards. When And so, on Littleton, let me simply say, ics. And you have a student who sits there Al Gore talks God and Faith, is he for vol- most children are good. Most schools are and knows their teacher doesn’t know. untary school prayer, or isn’t he? Does he safe, but we have been given a wake up call You can’t have authority unless you earn want to bring God back in, or does he want that the experiment in secular liberalism it. And you can’t have a bureaucratic, union- to give us psychobabble? Yes or no? Don’t has failed, and we had better truly change, ized, credentialed system that has any au- tell me why you’re ‘‘sort of for it,’’ and or there will be more symptoms of the pain. thority left, because it drives out the very ‘‘Littleton is certainly a tragedy,’’ and I cer- And every time our friends on the left babble skills and the very capacities that are nec- tainly ‘‘feel.’’ We’ve had eight years of that. about gun-control, or some psycho-therapy, essary. Let’s be serious. This was a mistake to or some other kind of feel good stuff, we And most teachers are decent, and most take God out of the classroom. [applause] It ought to come back to the basics. teachers are hard working, and most teach- was a mistake to take the right to pray out Are you prepared to cut taxes on working ers are trying. And I am a product of the of the classroom. Now, are you for changing families? Are you prepared to eliminate the public schools, and I actually care about the mistake, or not changing the mistake? death tax? Are you prepared to actually have them enough to try and change them, not [applause] teachers who know something as a require- just have a mantra of paying off the unions But don’t tell us you’re really worried ment of teaching? Are you prepared to rein- while doing nothing to save the schools. [ap- about the consequences, but you don’t want state American history and learning about plause] to change the cause. America? Are you prepared to talk about the Let me say his very clearly. And it will be When politicians talk about families, is Creator, and are you prepared to allow chil- very controversial. For a generation, Holly- Bill Bradley for more tax cuts, so families dren to pray voluntarily? And if you’re not wood and computerized games have under- have more time with their children, or is he for those things, you’re not for the changes mined the core values of civility and it is against tax cuts? Does he want to abolish the that are necessary to make sure that we time they were stopped by a society that val- death tax so we strengthen family bonds, or have fewer Littletons and more children who ues free speech enough to protect it. [ap- is he for the death tax, even though it clear- are happy and stable. [applause] plause] ly makes no sense as a society to punish Now, and let me say that avoiding future One of the great founders of CBS News, Ed- grandparents and parents for saving for their Littletons requires real change. This has ward R. Murrow’s producer, had a wonderful children and grandchildren. It is the socially been a mistake. For thirty-five years, we saying, ‘‘Just because you have the right to dumbest tax we have. [applause] have gone in the wrong direction. This is say it, doesn’t mean it is the right thing to When a liberal talks about values, would about real change. And without real change, say.’’ And let us say to Hollywood, and let us he or she actually like us to teach American it won’t change. say to the Nintendos and the other games, if history? Would they actually like young Let me now turn to foreign policy. Let me say that I have watched with some amaze- you are going to be sick, we are going to find children to learn that George Washington ment. I think it is fair to say that of all the a way to protect this country from you, and was an ethical man? A man of standards? A Republican leaders in the last six years, I whether that means exposing movies to li- man who earned the right to be father of this was the most consistently supportive of the ability litigation, whether that means expos- country? Would they actually like us to president, because I felt as an Army brat, ing computerized games to litigation, wheth- learn that Lincoln agonized, or is discussing having been overseas, having lived through er it means challenging the Democrats to those kind of moral values culturally inap- experiences where politicians back home cut off the fund-raising in a verse. Don’t tell propriate? Because we have to be a multi- were critical and divisive, having been us you care about children, and then have cultural society, where you get to pick and through the Vietnam war where some Amer- the people corrupting their lives raise your invent your own culture? Something which ican future politicians led demonstrations in historically no civilization has ever success- money, while you tell us you care about tra- foreign countries, [laughter] having been fully done because it means you’ve got thir- ditional values. [applause] through Desert Shield and watched every So, if Al Gore and Bill Bradley really want teen to fifteen year olds in total confusion, elected Democrat leader vote against Desert to help America, they can lay a standard and they’re being asked to invent a reason- Storm, I know how unnecessarily divisive down. They won’t raise a penny in Hollywood able civilization? domestic politics can be. from anybody who doesn’t sign a standard It takes thousands of years to create a civ- I also know that as a superpower we have that says they will make movies of vol- ilization, and then we learn it, and we stand a unique role, and let me say, very clearly: I untary decency. on the shoulders of the lessons of every gen- believe the United States must provide lead- You don’t have to allow the most corrupt, eration that paid in blood to learn these les- ership in the world, I believe we are irre- the most depraved, the most violent, just be- sons. And to ask young people of thirteen placeable, and I oppose unalterably anyone cause you personally don’t have the guts for and fifteen to invent a civilization is not who argues for withdrawal and isolation, be- your career to say ‘‘I won’t do it.’’ And they only ahistorical, it violates everything we cause I believe it is our historic destiny and could set a standard and say, ‘‘we’re only know about how human beings function. fate. going to do fund-raisers with producers and And we should say something simple: There is no other country big enough, com- stars who do decent films,’’ and you would Every child should know the Declaration of plex enough, or capable of providing leader- suddenly see a crisis of identity in both the Independence, and why it says, ‘‘We hold ship on a world-wide basis, and if we pull Democratic party and Hollywood. [applause] these truths to be self-evident.’’ Every child back, this planet will become chaotic, and And I’m not using that just to make a par- should learn the Declaration of Independ- violent, and our children and grandchildren tisan point, I’m trying to make a deeper ence, and why it says, ‘‘We are endowed by will pay in blood for our timidity. point. Don’t tell us the Constitution blocks our Creator.’’ Now having said that, let me also remind us from civility. Don’t tell us that freedom When those children killed in Littleton, you, you can lead your neighborhood with- of speech means the freedom to be so de- they were killing the children of God, who out fixing breakfast for all your neighbors. praved, so violent, so disgusting that our had been endowed with the unalienable right [laughter] You can lead a community clean- children grow up in a world where they think of life, liberty, and the pursuit of happiness. up drive without cleaning out every garage that killing someone else is a reasonable be- And I will bet you those kids didn’t know it, yourself. havior. And it’s true on television, it’s true they didn’t believe it, they didn’t understand But let me talk about Kosovo in the his- in the movies, it’s true in these games. it, because for two generations the elite lib- toric setting because, in the last few weeks And I would challenge the lawyers of erals in academia and in the news media the crisis has begun to mount in a way that America: Don’t tell me how cleverly you can have babbled on about somehow getting rid I would have thought, in January, unthink- protect those who are bad, tell me how well of all this western ethnocentric whatever . . . able. you can find some solution to bring Holly- it is irrelevant what your color is. It is irrel- For fifty years, we led NATO to keep Rus- wood to its senses and to bring the game peo- evant what geography you come from. When sia out of places like Yugoslavia, which was ple to their senses. you come to America, you learn to be an the only anti-Soviet communist state in Eu- And I’m not for censorship. But I am for American and that means you are endowed. rope. And now, in a few short months, the the society setting standards and shaming [applause] Clinton-Gore administration, has fashioned a those who refuse to have a standard that So, I ask each of you, you go back to your policy to bring Russia into one of the places makes sense. [applause] state. You ask your state legislatures and we invented NATO to keep them out of. This And for two generations we have raised the your governor, let’s reestablish teaching the is a significant mistake. taxes on working families so that the second Constitution, let’s reestablish teaching the For the entire history of the human race, spouse has no choice except to go to work, Declaration of Independence, let’s make sure the Chinese have never been actively in- almost entirely to pay the family’s taxes. every child knows what Creator means, and volved in Europe. And now in a few short E1430 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 months, the Clinton-Gore administration has simultaneously is because you are in a dan- unless we are seeing him step off the air- managed to fashion a policy which gives the gerous world. plane to be saluted by military people who Chinese a voice in Europe. The scapegoating And when you focus on Iraq, and the Presi- know better. They know this is a pathetic in this city will be pathetic, and has to be dent did for a little while in 1997. And I was disaster for the United States. [applause] described honestly as scapegoating. with him, because I thought he was doing the Finally, with the Chinese having carefully Let me give you the example of the Chi- right thing? And then he forgot it. Saddam is orchestrated riots because even when they nese embassy. The Clinton-Gore administra- still there, but none of the stated goals—re- try to buy an administration, they can’t al- tion ignores intelligence, because as good member all the worries, the sack of sugar, ways get what they want. Let’s be clear, the liberals, they don’t believe in a strong Amer- the danger of biological weapons. They Clinton Administration’s Justice Depart- ica leading the world. They under-fund it, didn’t go away. It is just that this adminis- ment did everything it could to block an they reduce the number of analysts. They tration’s attention span is relatively short. honest investigation of the Chinese money have too few people. They send liberals out So Saddam is still there. The world is get- laundering, and we know far less today about to run the agency in such a way—this is not ting more dangerous. He is doing every sin- either the Chinese cash or nuclear secrets. the current director, but the preceding direc- gle thing that Bill Clinton and Bill Cohen And by the way, I don’t blame the Chinese tor and his staff—but they undermine the told us to worry about, but we’re not in that for stealing our secrets, they are a sovereign morale of our most effective intelligence campaign right now because we can’t afford power. They should do what’s in their inter- agency. to be. est. I blame the Clinton Administration for The first director, Jim Woolsey, got to see The North Koreans are lying to us about not protecting the American secrets from the president one time. In fact there was a nuclear weapons. We know they are lying. China. [applause] joke that when the plane crashed into the They know we know they are lying. The Chi- The Chinese staged these riots, which you White House, it was Woolsey trying to get in nese, the South Koreans, and the Japanese know are staged, because the Chinese lock to see the president. [laughter] I did not know they are lying. And they know we up people who get up and say ‘‘hi, I’d like to make that up, you can ask Jim Woolsey. know they are lying. And the North Koreans have free speech.’’ Five years in jail. [laugh- [laughter] are routinely irrational. Despite 50 years of ter] ‘‘I’d like to go riot against the Ameri- So, for six and a half years the Clinton- effort we know almost nothing about North cans.’’ Can we give you a bus? [laughter] I Gore administration under-funds intel- Korea because it is the most sealed off soci- mean, who’s kidding whom; these are staged, ligence, abuses it, neglects it—go ask how ety in the world. And it is preeminently dan- organized government dictatorship riots. many people there are in the Central Intel- gerous. We are a country without a defense against ligence Agency that speak Serbian. Having And then you have Kosovo. A campaign de- Chinese ballistic missiles. We could lose had nine years to prepare for Kosovo, begin- signed as though all of military history some of our men and women in Kosovo. We ning in 1990, how much did we beef up? Or ceased to exist. As though there are no les- could lose a lot of people if the Iraqis or the ask them how many can speak Chinese? How sons of Vietnam. The very people who were North Koreans try to take advantage of our big is the shortage of Chinese language ex- opposed to Vietnam are now bringing us a weakness. We could lose an American city, perts in the American intelligence commu- European Vietnam, and they have learned and there is no ballistic missile defense. nity? nothing from the Vietnam campaign. [ap- Why? Because the party of trial lawyers So having had six and a half years of plause] believes that we should have a legal docu- under-funding, the CIA makes a mistake. Compare the lessons of Desert Storm and ment with a ‘‘Soviet Union,’’ which dis- But the Commander-in-Chief is not respon- Kosovo. In Desert Storm, President George appeared in 1991, rather that using the best sible. The Commander-in-Chief is never re- Bush, Secretary of State Jim Baker, Na- scientists and the best engineers. And we sponsible. If, in a war, the president is not tional Security Advisor Brent Scowcroft, need a crash program to apply, not just for accountable, then what does the Constitu- Secretary of Defense Dick Cheney, and the U.S., but a global missile defense, so that tion mean? COMMANDER-in-Chief. [ap- Chairman of the Joint Chiefs Colin Powell all of our allies can rest safe. And we need to plause] said very clearly to the theater commander adopt a very simple rule. In all of this Washington babble about who Norman Schwartzkopf, ‘‘what is it going to Let me be very clear, I’m not arguing for is responsible, the Clinton-Gore administra- take to win decisively with minimum Amer- being in Kosovo or not. And I would actually tion had six-and-a-half years, almost seven ican casualties in the shortest possible urge most of my former colleagues to just years, to beef-up our intelligence capabili- time.’’ And they spent six-months in a ma- shut up about it. Having civilian politicians ties. They didn’t do it. jestic, slow, careful buildup of overwhelming give their ideas about their campaign plan is I forced the extra funding last fall, finally, military force. They launched an air cam- sort of irrelevant. and it is still too little, and if we are going paign that in six weeks pulverized the Iraqis We ought to have a very simple set of to be the superpower that leads the entire and they launched a four-day ground cam- standards as a country. If we say that we are planet we need a dramatically bigger intel- paign. It is the textbook study of a how a De- going to do something, and if the President ligence capability. mocracy prepares relentlessly to impose vic- comes to a joint session—which this Presi- It doesn’t mean you need to overhaul the tory with minimum American casualties. dent should do, and should have done for CIA. It doesn’t mean you don’t have to re- Now I don’t know what General Clark was three months, and how he can get away with think our intelligence capability, but I am thinking about, because he knows better. not addressing the Congress and talking to tired of liberals yelling ‘‘reform’’ when what And I don’t know what the Chairman of the the nation about Kosovo is beyond me. [ap- they mean is ‘‘don’t fund them,’’ and then Joint Chiefs was thinking about, because he plause] blaming the people they didn’t fund for the knows better. And I don’t know why none of We ought to have a standard rule, if you mistake that was human error. the Joints Chiefs have resigned [applause] are going to commit American forces, you We got it last year when the Indian nu- because this campaign is a violation of every address a joint session. I mean this for all clear explosion was not detected because we rule I know of in how you design a campaign. Presidents for our future. We’ve got to learn don’t have enough analysts, and we don’t Instead of Theodore Roosevelt’s speak softly to lead and we’ve got to learn to do it within have enough satellites to watch everything, and carry a big stick, we’ve yelled and car- our Constitution. and now we are getting it this year. The fact ried a toothpick. He should come to the Congress. He should is that the Clinton-Gore Administration And what has happened? The people we say, ‘‘This is the problem. These are our val- under-funds intelligence and we are now pay- were protecting were driven out, killed, or ues. These are our goals.’’ He should then say ing the price with the Chinese for the Clin- raped. The people that are under the shelter a simple thing: ‘‘I have instructed the chair- ton-Gore failure to provide adequate funding. of the United States of America are no men of the Joint Chiefs to design a military [applause] longer in Kosovo. The Serbians accepted a campaign plan that will achieve victory for The fact is, the Clinton-Gore Administra- brutal choice: we get to kill them, and they America with minimum cost in lives and tion has under-funded defense, and God help get to kill Albanians. But they’ve accepted minimum use of time. The chairman will be us if either the North Koreans or the Iraqis it. expected to execute that campaign and if it decide to take advantage of our current dis- The Russians are now reestablished as a fails, he would be retired and his successor position. Does this administration honestly power in Europe. The Chinese are getting en- will be expected to design a successful cam- believe that nobody else in the world watch- gaged in Europe. We are wasting our re- paign.’’ No elected politician should attempt es CNN? [laughter] sources. Our prestige is diminishing. And all to micro-manage whether or not we move The reason you have to have, and I’m very over the world we look like a violent, help- Apache helicopters. [applause] serious, this is a matter of life and death. less, pathetic country. Let me just close with this personal testi- The reason is you have to have a military Would you want to be protected by a Clin- monial, for whatever it’s worth. My step- big enough to do three things: One campaign; ton Administration that guaranteed that father served 27 years in the U.S. Army in- be ready for a second campaign; and retain a protection meant you would be driven out of fantry. It was at the end of the Second World training and procurement base for a third your home? They allowed it to happen to the War, fought in Korea, fought in Vietnam. We campaign. Kurds in northern Iraq. They are allowing it lived—when I was growing up, I was born in And [RNC] Chairman [Jim] Nicholson to happen now to the Albanians in Kosovo. Harrisburg, Pennsylvania. We lived in Fort knows this. He is a West Point graduate. He And the President, of course, isn’t respon- Raleigh, Kansas; Avignon, France; Stutt- served in Vietnam. He understands these sible because he is in a permanent campaign, gart, Germany; and then Fort Benning, Geor- things. The reason you have to do all three so he doesn’t have to be Commander-in-Chief gia; which is how I became a Georgian. CONGRESSIONAL RECORD — Extensions of Remarks E1431 He served his country because he loved it. INTRODUCTION OF THE SENIOR On the other hand, prices should not be so He served his country because he thought it PRESCRIPTION DRUG ASSIST- high that the target audience for which the really mattered. He thought a world in ANCE EXPANSION DEMONSTRA- drugs were developed cannot afford to pur- which the Soviets dominated or the Nazis TION ACT chase those drugs. Regrettably, this has in- dominated would be a horrible world. A world in which America led would be a re- creasingly been the case over the past several markably better world. HON. BENJAMIN A. GILMAN years for seniors living on fixed incomes. The Federal Government has a vital role to Not a perfect world, because people aren’t OF NEW YORK play in fostering innovation in medicine, so perfect. If you believe in God, you know how IN THE HOUSE OF REPRESENTATIVES that today's seniors can receive the benefits of inadequate you are. But a world in which a Tuesday, June 29, 1999 decent country, of decent people, of all races tomorrow's new medical technology. The last and all nationalities could pursue freedom Mr. GILMAN. Mr. Speaker, I rise today to in- few years have seen wonderful advances in and safety, and could create prosperity like troduce The Senior Prescription Drug Assist- drugs to treat osteoporosis, arthritis, and Alz- no one has ever seen. Forty years ago, he ance Expansion Demonstration Act of 1999. In heimer's disease. convinced me at the battlefield at Verdum, doing so, I am offering legislation which At the same time, a new federally run bu- when I was fifteen, that this is all real. serves as a viable first step towards address- reaucracy is not the answer to address the For 40 years, with the help of the Georgia ing the serious issue of rising prescription drug needs of our senior citizens being able to af- Federation of the Republican Woman, and costs for our Nation's seniors. ford these new drugs as they become avail- the Young Republicans, and thousands of The purpose of this legislation is to provide able. Such a bureaucracy would take medical volunteers and lots of donors, and the people assistance to those states which have under- decisions on which drugs to prescribe away of Georgia, I was allowed to study, to learn. taken the step to offer supplemental assist- from doctors, dampen the overall level of med- I was allowed to run for office and lose twice. ance for low income seniors to help defray the ical research on new drugs, and force seniors I as allowed to run a third time and win. Ul- rising cost of prescription medications. to accept a one-size-fits-all federal program. timately, with your help, we created a ma- This legislation will create a demonstration jority. This legislation would avoid those problems. project that will provide block grant funding to It sets out to expand on ideas that the states I have not talked about any issues for five permit three states with an existing prescrip- have shown do work in practice. The Epic pro- months. I have not really laid out what I feel tion assistance program for low income sen- gram in New York is highly successful, and from the heart, but I couldn’t come here iors to raise their income eligibility by $5,000 today in the middle of the agony that each of legislators of both parties in Albany have con- for both single individuals and married cou- us must feel for the children and the families sistently voted to expand the program each of Littleton. ples. Should the program be successful, it can year. However, these State officials under- later be expanded to other states that have stand that New York cannot afford on its own I couldn’t come here today, and let’s be created such prescription assistance pro- honest, in the tradition of Lincoln, we to cover every senior that it should. should feel as much agony for the innocent grams. By partnering with New York and other Serbs that are being killed as we feel for the This legislation recognizes that the partici- States with prescription assistance programs, Albanians. We are all humans. Our Creator pating states have widely varying require- the Federal Government will be able to both endows us all. ments with regards to the administration of provide aid to thousands of seniors on fixed their prescription-assistance plans. Con- And we have to be a great enough nation incomes with their monthly prescription drug that our hearts go out to everybody in a con- sequently, it will not alter these requirements bills, while leaving prescribing authority where flict. And that we want to help everybody. in any way, except that to qualify for the fed- it belongs, with the doctors. In essence, every- We want to find a way to lead a world with- eral funds, each state must raise its income one wins. out violence because our moral dedication, eligibility for both the single and married cat- Accordingly, Mr. Speaker, I urge my col- not our purity, let me be clear to my liberal egories. leagues to join in supporting this worthwhile friends none of us are pure. That is not what Mr. Speaker, the last five years have seen legislation, which helps needy seniors by pro- this is about. Purity of purpose doesn’t mean both a rapid increase in the amount of revolu- viding the States with resources to expand purity of execution, because we are humans. tionary drugs available on the market, as well programs which have already been proven to This has been the greatest opportunity for as in the price of those drugs. The availability work. simple, everyday human beings to get up in of these new drugs has been a wonderful re- f the morning, to love their families, to pursue sult of annual advances in medical technology happiness, to work for a living, to create a and knowledge. Regrettably, these advances A TRIBUTE TO PAUL MATHIEU better future than has ever been created. also come with a price, one that is increas- AND FAMILY OF MIAMI, FLORIDA And we have to save it domestically or we will have many more Littletons. And we ingly difficult for many senior citizens to pay. have to learn to lead in the world or we will A number of our colleagues in this House, HON. CARRIE P. MEEK have many more Kosovos. as well as in the other body, have offered var- OF FLORIDA ious bills designed to address the rising cost Sadly, not happily, because I tried for six IN THE HOUSE OF REPRESENTATIVES of prescription medication for senior citizens. years to work with this administration. Tuesday, June 29, 1999 Sadly, the Clinton-Gore Administration has These bills have tended to use either price proven both in their reaction to Littleton controls, or the extension of free or heavily Mrs. MEEK of Florida. Mr. Speaker, I rise and in their utter total mismanagement in subsidized prescriptions as a new federal enti- today to pay tribute to Mr. Paul Mathieu and Kosovo, that liberalism once again has tlement, as a solution to this problem. the Mathieu Family of Miami, Florida, for the failed, and we have to be the standard bar- The nation's experience with price controls outstanding example of faith in action and ex- riers. during prior administrations has shown that cellence which they embody in their daily Just as we were with Eisenhower, just as they are not a viable tool. Moreover, while the lives. we were in 1968 with Nixon, who ended the new entitlement proposed by the current ad- Paul Mathieu is a Jackson High School Vietnam War that Johnson started, just as ministration sounds appealing, neither the graduate who will be attending Harvard Uni- we were with Ronald Reagan who created the President, nor anyone in the minority has of- versity in the fall, accomplishing his parents' cause of freedom worldwide and defeated the fered a viable way to pay for it. In our current dream of seeing all of their children attend col- Soviet Empire, just as we were with George budget environment, an entitlement proposal lege. He is the ninth child of Phinelie and Bush, who had the nerve and the discipline to let the military run a winning campaign, without a clear funding source is nothing more Teucheler Mathieu, who came to Miami from despite every liberal Democratic elected than a hollow promise. Haiti in 1974. Their incredible faith, courage, leader in the Congress. Furthermore, price controls for prescription and ethos of hard work have enabled this re- We have to have the nerve over the next drugs run the very real risk of stifling future markable Haitian immigrant family who fled eighteen months to tell the truth to the development in medical advances. While none political repression, social brutality, and phys- American people. To let the news media of the major drug companies has any reason ical danger in their homeland to seek, and ulti- scream at us, and to count on the fact that, to plead poverty, the implementation of a fed- mately, to find, a better future for their children in the end, this is a great country, filed with eral system of mandatory price controls would in their new home. Each of their childrenÐ good people, and they know better than the certainly serve as a major disincentive on the Techeline, Firma, Fednie, Samuel, Emmanuel, talking heads on Sunday morning. future research and development of new pre- Marc, Luckson, Marthe, and PaulÐhas con- Thank you, good luck and God Bless you, scription medications. In this sense, medical tributed significantly to the family tradition of [applause] success does come with a price. success and of active citizenship in America. E1432 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 The Mathieus have earned their educations ``Aggressors'' of H& MS±31 and the ``Black and, when not on call with his company, a through scholarships, grants, and work study Knights'' of VMFA±314. While assigned to the member of Shelter Island Fire Department. He programs. Techelene Mathieu-Murray, the eld- VMFA±314, he was deployed to Turkey for also served on the board of Timothy Hill Chil- est of the children, is a fourth-grade teacher at Display Determination and SWA for Oper- dren's Ranch in Riverhead. Toussaint Louverture Elementary School. ations Desert Shield/Storm from August 1990 The night before he passed away, he laid in Firma Mathieu is a teacher at Dunbar Elemen- to March 1991. a deep sleep. He would open his eyes, strug- tary School. Fednie Mathieu is a nurse at Promoted to Major in July of 1991, Gary gle for a breath, and then fall peacefully Jackson Memorial Hospital. Samuel Mathieu joined the 7th Marines. In December of 1992, asleep again. However, when his family began works for an agency that helps disadvantaged he deployed as part of the Ground Combat to sing ``God Bless America,'' he would awake youth. Emmanuel Mathieu is studying criminal Element to Mogadishu, Somalia for Operation and spread a truly joyous smile on his tired justice and elementary education at Florida Restore Hope where he was the Officer-in- face. He could not speak very well, but he Memorial College. Marc Mathieu is graduating Charge of a joint/combined multi-national se- summoned the strength to share a few more from Northwestern University with a degree in curity force and ten Non-Governmental Orga- laughs with his family. He fell asleep soon journalism. Luckson Mathieu is a pre-Med stu- nization (NGO) that provided humanitarian re- after, waking to greet his youngest grandchild, dent at Harvard University. Marthe Mathieu is lief to Mogadishu. Shelli, who had flown in from college to be a psychology major at the University of Flor- His dedication to duty, his integrity and with him. ida. Paul Mathieu plans to pursue a career in sense of fair play were demonstrated in his To his three children, 13 grandchildren, and medical research at Harvard University. role as Executive Officer for a 48 aircraft F/A± 15 great-grandchildren, Captain Clark will be Mr. and Mrs. Mathieu have imparted to their 18 Hornet Fleet Readiness Squadron, the remembered as the patriarch of a family busi- children a strong religious faith, self-discipline, largest in the Marine Corps/Navy inventory. ness spanning more than two hundred years. and an immense love of family. When the chil- Gary was instrumental in the squadron achiev- To a great number of those in the community, dren were growing up, their father made a ing over 140,000 hours of mishap free flight he will be looked upon as a man who quietly habit of regularly visiting their schools and time, a first in the F/A±18 Hornet history. helped to maintain their precious quality of life. knowing their teachers before he left for one Lieutenant Colonel Correia has accumulated Captain Clark embodied the type of role and of his night shifts at work. An example of the more than 3,600 mishap free flight hours. His level of religious faith exhibited by the family innovator that all would have enjoyed being personal decorations include Meritorious Serv- around and looked up to. is a quote by Mrs. Mathieu: ``If you don't have ice Medal and Gold Star, Air Medal w/combat God in your life and you have children, I don't Colleagues, Mr. Clark is a community leader ``V,'', Strike Flight 1, Navy Commendation who will be sorely missed. know how you can sleep.'' Mrs. Mathieu also Medal W/Combat ``V'' and the Navy Achieve- mentioned, ``You want to know our secret? ment. He is the 1st Cape Verdean Naval Avi- f The only secret we have is prayer, prayer, ator and Marine Aviator and the first Black prayer. We showed them how to serve God. American promoted to rank of Lieutenant IN RECOGNITION OF MASTER SER- God is the leader. . .'' Colonel that is an F/A±18 Hornet Pilot. GEANT RANDOLPH J. SAUNDERS, Mr. Speaker, it is indeed a privilege to pay He is married to Tracey, father to Chloe and UNITED STATES AIR FORCE, ON tribute to such outstanding and inspiring Amer- Chase and the proud son of the late Joseph THE OCCASION OF HIS RETIRE- icans as the Mathieu Family of Miami, Florida, and Eva Correia. It is our distinct honor to ask MENT who are working at the marvelous task of our colleagues to join us in saluting Lieutenant handing over their country not less but even Colonel Gary Anthony Correia, a man whose better and greater than they received it. dedication and achievements are a credit to HON. DON YOUNG f our country. OF ALASKA TRIBUTE TO LIEUTENANT COLO- f IN THE HOUSE OF REPRESENTATIVES NEL GARY ANTHONY CORREIA IN HONOR OF THE LATE CAPTAIN Tuesday, June 29, 1999 WILLIAM Y. CLARK Mr. YOUNG of Alaska. Mr. Speaker, on be- HON. HOWARD L. BERMAN half of the people of the great state of Alaska OF CALIFORNIA HON. MICHAEL P. FORBES and all Americans, I extend heartfelt thanks to HON. BARNEY FRANK OF NEW YORK Master Sergeant Randolph J. Saunders, who gave more than twenty years of dedicated OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES service in the United States Air Force. He en- IN THE HOUSE OF REPRESENTATIVES Tuesday, June 29, 1999 tered active duty on 11 July 1978 and, after Tuesday, June 29, 1999 Mr. FORBES. Mr. Speaker, I rise today to less than four years as an administrative spe- Mr. BERMAN. Mr. Speaker, my colleague, honor an entrepreneur, Captain William Y. cialist, Randy became an enlisted historian. Mr. FRANK of Massachusetts, and I are Clark, a Long Island businessman who re- Even before his formal retraining, he dem- pleased today to pay tribute to Lieutenant cently passed away at the age of 86. onstrated noteworthy capability as a re- Colonel Gary Anthony Correia, a man whose Ask any parent and I am sure they will searcher and writer. Consistently outstanding life exemplifies the meaning and spirit of lead- agree that leaving a legacy such as the reins histories became his hallmark, and these pro- ership. Gary is being honored for 20 years of of a family business is of great significance. vided senior leaders with the data and anal- distinguished service in the United States Ma- Skillfully maintaining and expanding such an ysis they needed to make informed, well rea- rine Corps. enterprise demands the infusion of innovative soned decisions. The recipient of numerous Gary has set an outstanding example for his ideas which was William's specialty. command and Air Force-level awards over the colleagues in the Corps, where he has served Captain William Clark was born in West next sixteen years, Sergeant Saunders earned with intelligence, skill and dedication. He is Babylon, Long Island, in 1913. He was edu- a reputation as one who could quickly rebuild highly regarded by his peers as an involved, cated at Shelter Island schools and Mt. faltering unit history programs. He did this devoted and effective Marine. Hermon College, in Massachusetts. Trained from Alaska to Texas, Idaho, Korea, Cali- Gary is a man of action and accomplish- as a youth on diesel engines, the company he fornia, and Colorado. Ultimately, Randy was ment. A native of New Bedford, Massachu- inherited has been in the Clark family continu- hand picked to become the first-ever senior setts, he graduated from Boston College in ously since 1790, when the first ferry ran. enlisted historian at Headquarters, Air Force 1979 at the top of his class and soon after He spent his life serving the community at Space Command in Colorado Springs, Colo- began his military career. He was commis- the helm of South Ferry, Inc., the ferry service rado. In a matter of months, Randy's sioned a 2nd Lieutenant through the Platoon that runs from North Haven (outside Sag Har- unparalled leadership rendered that com- Leaders Class program and following basic bor) to Shelter Island. Under Captain Clark's mand's field history program the best in the school, was designated a Naval Aviator. His watchful eye, the company has become what entire Air Force. We deeply appreciate Ser- hard work and tenacity paid off with his rapid it is today, a fleet of four boats which can hold geant Saunder's contribution to the preserva- advancement through the ranks. up to 16 cars apiece. tion of the United States Air Force history. I Gary's notable missions include the ``Flying Captain Clark was a longtime member of personally wish him and his entire family all Tigers'' of VT±26, ``Crusaders'' of VMFA±122, the Lions Club, East End Church of Christ the best as they return to civilian life. CONGRESSIONAL RECORD — Extensions of Remarks E1433 HONORING THE CONTRIBUTIONS Sherer's tremendous contributions to Judaism, Had I had been present, I would have voted OF DR. LUI´S JOSE´ MOREIRA DA and to this nation, really shine as an example ``yea.'' SILVA BARREIROS which both deserves honor and emulation. f I had the good fortune and privilege to know HON. MICHAEL E. CAPUANO Rabbi Sherer, and recall his dedication to the A SPECIAL TRIBUTE TO DR. DAVID preservation of Judaism in years following Hol- B. BAKER FOR HIS OUT- OF MASSACHUSETTS STANDING CONTRIBUTIONS TO IN THE HOUSE OF REPRESENTATIVES ocaust. He fought for religious liberty, he built educational programs, and always provided HEIDELBERG COLLEGE Tuesday, June 29, 1999 guidance to the perplexed. Torat Emet Hayta Mr. CAPUANO. Mr. Speaker, today Boston b'hihuÐThe Torah was always in his mouth. HON. PAUL E. GILLMOR is experiencing a great loss. It is losing the His leadership helped bring about a rebirth of OF OHIO services and expertise of a man who not only Orthodox Jewish life, of charitable giving and IN THE HOUSE OF REPRESENTATIVES helped to increase civic involvement within our of learning as the President of the Agudath Tuesday, June 29, 1999 Portuguese community but also played an in- Israel of America since 1961. tegral role in its economic and social evo- Mr. Speaker, I think Americans of all faiths Mr. GILLMOR. Mr. Speaker, I rise today to lution. Dr. LuÂõs Jose Moreira da Silva can learn a great deal from the life of Rabbi pay very special tribute to a truly outstanding Barreiros' tireless work as the Consul General Sherer. His commitment to the preservation of individual from Ohio's Fifth Congressional Dis- of Portugal in Boston has enriched this area in the faith and culture of our people, his devo- trict. For more than thirty years, Dr. David B. so many important ways that his presence will tion to education and to helping those least Baker has made significant contributions to be sorely missed by all who had the pleasure fortunate, his ability to reach out to others to Heidelberg College in Tiffin, Ohio. As he pre- to work with him. make this a better nation, his record of accom- pares for his retirement from Heidelberg, I felt Dr. Barreiros' distinguished work with the plishment, all make his life and work an inspi- this was a most appropriate time to recognize Portuguese foreign service began two dec- ration to all. I urge our colleagues to join in him for his efforts. ades ago and since that time, he has consist- honoring the life of this outstanding American. After graduating from Heidelberg College in ently demonstrated his devotion to the devel- 1958, Dr. Baker pursued his master's and H. RES. 229 opment of a strong Portuguese community. doctoral degrees at the University of Michigan. Whereas Rabbi Morris Sherer was born in Following a year of post-doctoral study in Ger- Dr. Barreiros has worn many hats during his New York City on June 18, 1921; career, serving first as the Embassy Secretary Whereas upon receiving his rabbinic ordi- many, Dr. Baker began his distinguished in Maputo, Mozambique and later with the Ad- nation from Ner Israel Rabbinical College in teaching career at Rutgers University. Shortly visory Council for Economic and Development Baltimore, Maryland, Rabbi Sherer joined thereafter, Dr. Baker returned to Heidelberg affairs to the Portuguese delegation at the the Agudath Israel of America in 1943, devot- where, since 1966, he has been a faculty United Nations in New York. His economic ex- ing his energies to rescue and relief activi- member in the Biology Department. pertise led him to other key posts with the In- ties on behalf of European Jewry during the In a turn that brought international acclaim stitute for Economic Cooperation and the Sec- Second World War; to him, Heidelberg College, and his research Whereas through his work with the associates, Dr. Baker led the effort that retary of State for Economic Cooperation. Agudath Israel of America, Rabbi Sherer Since December 1994, Dr. Barreiros has played a major role in the post-World War II formed the Heidelberg Water Quality Labora- served as Consul-General in Boston. It is for renaissance of Orthodox Jewish life in the tory. Dr. Baker's efforts at the lab have helped his work in this post that all of us here are United States, fusing the talents and ener- with various environmental public policy efforts profoundly grateful. The extraordinary relation- gies of native-born Americans with the de- including evaluating storm run-off, restoration ship that Dr. Barreiros has forged with the termination and courage of immigrant Holo- of the once-severely polluted Lake Erie, set- Portuguese-American organizations in this caust survivors and refugees to help build ting Environmental Protection Agency stand- area has been remarkable. He has worked Orthodox Jewish communities and institu- ards for river compounds, and many more. tions across the country; with various committees in Boston to increase As the one and only director of Heidelberg Whereas Rabbi Sherer worked tirelessly Water Quality Laboratory, Dr. David Baker both Portuguese-American pride and civic en- and effectively to safeguard religious liberty gagement. in America and throughout the world, to pushed the lab to its current level of inter- Dr. Barreiros leaves Boston having changed safeguard the rights of Sabbath observers, to national prominence. Dr. Baker set out to it for the better, and it is for this reason that assist the beleaguered Jewish communities share the lab's work with the public through all of us here are so sorry to see him go. It in lands of oppression across the globe, to ad- his numerous speeches, public information is a fitting commemoration of his work here dress the needs of needy persons of all back- programs, and test and research sharing tech- and of the ties he has forged between our two grounds, and to apply the moral and ethical niques. republics that the United States State Depart- teachings of classical Judaism to issues and Mr. Speaker, Dr. David Baker is a remark- problems of modern society; and able individual who has given freely of his time ment this month extended the ninety day visa Whereas Rabbi Sherer died on May 17, 1998, waiver program for citizens of Portugal. The leaving behind a legacy of extraordinary hu- and talents to ensure that education and the people of Portugal will be fortunate to have manitarian accomplishment: Now, therefore, environment are made better for the future. him back in Lisbon, and we all know that he be it Through his outstanding service to Heidelberg will flourish in his new assignment. Dr. Resolved, That it is the sense of the House College, to the Water Quality Laboratory, and Barreiros, we wish you nothing but the best, of Representatives— to the academia world, Dr. Baker has made a and on behalf of all my constituents, Por- (1) that Rabbi Morris Sherer should be rec- lasting impact that will not soon be forgotten. tuguese-Americans and other Americans ognized as one of the outstanding American At this point, I would urge my colleagues of religious leaders of our time, who played a the 106th Congress to stand and join me in whose lives you have touched, I would like to historic role in the growth and development sincerely thank you for all that you have ac- of the Orthodox Jewish community in the special tribute to Dr. David Baker. We extend complished during your time here. You will be United States; and our congratulations on his retirement and best missed. (2) that Rabbi Morris Sherer’s life of com- wishes for the future. f mitment to education, human dignity, reli- f gious liberty, and freedom is one which HONORING RABBI MORRIS SHERER serves as an inspiration to all people and de- SAN ANTONIO SPURS TAKE THE serves emulation. RING HON. JERROLD NADLER f OF NEW YORK HON. CIRO D. RODRIGUEZ PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES OF TEXAS Tuesday, June 29, 1999 IN THE HOUSE OF REPRESENTATIVES HON. DAVID L. HOBSON Tuesday, June 29, 1999 Mr. NADLER. Mr. Speaker, today, I am OF OHIO proud to introduce, along with my colleague IN THE HOUSE OF REPRESENTATIVES Mr. RODRIGUEZ. Mr. Speaker, in San An- from New York, Mr. GILMAN, a resolution ex- tonio this past Sunday, more than 230,000 pressing the sense of the House of Rep- Tuesday, June 29, 1999 fans lined the banks of the historic River Walk resentatives in honor of the extraordinary life Mr. HOBSON. Mr. Speaker, I was not to honor the World Champion San Antonio and work of Rabbi Morris Sherer. Rabbi present on June 25, 1999 for rollcall vote 256. Spurs. For a city that is the 8th largest in the E1434 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 nation, San Antonio is proud of its humble Joan Stefanski has also been an unassum- field an agile and adaptable forceÐa Corps of warriors. San Antonio can not only boast ing and highly effective pioneer in breaking Marines who could prevail against the multi- about its strong economy, thriving culture, and down barriers to women in the business world. faceted threats which would challenge our Na- beautiful weather, it can now lay claim to pro Mr. Speaker, I ask my colleagues to join me tion's security and its interests. basketball's finest team. today in wishing Joan Stefanski and her hus- General Krulak understood the situation at From the rich tradition of the San Antonio band good health and happiness as they hand. He understood, not merely the impor- Missions and the Alamo, to the Tower of the move to their retirement home on the west tance to modernize the force, but to develop Americas, San Antonio's skyline can now add side of Michigan and in honoring her for over new concepts and techniques which will en- the true Twin Towers, David Robinson and 20 years of exceptional and committed service sure decisive victory in the ``savage wars of Tim Duncan. The whole team acted as one to the community of Ferndale. peace.'' He forged his Corps of Marines cohesive unit, displaying the chemistry that all f through unrelenting sacrifice, initiative, and great champions have, and to that, they all courage . .. proved worthy. For a team that has one of the TRIBUTE TO GENERAL CHARLES He labored extensively within the naval highest college graduation rates in all profes- C. KRULAK, UNITED STATES MA- services to develop common operational con- sional sports, they are truly heroes and role RINE CORPS cepts to support the strategic vision expressed models for us all. in ``Forward . . . From the Sea.'' This fine athletic achievement is not only for HON. IKE SKELTON He diligently exercised oversight of the Ma- the city of San Antonio, Peter and Julianna OF MISSOURI rine Corps in its roles as lead or executive Holt, the team owners, or the players, but it is IN THE HOUSE OF REPRESENTATIVES agency within the Department of Defense for for all the fans of the old American Basketball Tuesday, June 29, 1999 Military Operations Other Than War, Military Association. This is the first time a team from Operations on Urban Terrain, and Non-Lethal the old ABA has won the NVA Championship. Mr. SKELTON. Mr. Speaker, I rise today to Weapons. This victory was for all of us who remember honor a great patriot, a man amongst men He promoted the institutionalization of the the ``Iceman'' George Gervin, along with and a Marine's Marine. After almost forty Combat Development System and the Con- countless other great stars who toiled long years of devoted service to this Nation, Gen- cepts Based Requirements System in the Ma- hours for recognition. It is for those who re- eral Charles C. Krulak, 31st Commandant of rine Corps. These systems ensured that Ma- member the Hemisphere Arena and the the Marine Corps, will soon receive his final rine Corps doctrine, organization, training and ``Baseline Bums''. Team basketball shined this orders directing him to stand-down and retire education, equipment and supporting activities day, and for all the fans of the San Antonio from active duty. His departure will signal an were all driven by, and working toward achiev- Spurs, it shines just a little brighter. evolutionary changeÐthe first time in 70 years ing, a common operational warfighting con- f that a Krulak will be absent from the roles of cept. the United States Marine Corps. TRIBUTE TO JOAN STEFANSKI He created the Marine Corps Warfighting After graduating from the Naval Academy in Laboratory as a standing forum to serve as 1964, General Krulak had an illustrious career the cradle and test bed for the development of HON. SANDER M. LEVIN that spanned four decades of faithful service enhanced operational concepts, tactics, tech- OF MICHIGAN to this Nation. During his service to our coun- niques, procedures, and doctrine which would IN THE HOUSE OF REPRESENTATIVES try General Krulak commanded a platoon and be progressively introduced into the fleet Ma- Tuesday, June 29, 1999 two rifle companies during two tours of duty in rine Forces in concert with new technologies. Mr. LEVIN. Mr. Speaker, I rise to honor Vietnam; he commanded a Marine infantry He directed the creation of the Marine Joan Stefanski who today retires from her po- rifle battalion; was the Commanding General Corps' Chemical-Biological Incident Response sition of Director of the Ferndale Chamber of for 10th Marine Expeditionary Brigade; Assist- Force to assist in filling a void in the Nation's Commerce after twenty-two years of distin- ant Division Commander for 2d Marine Divi- ability to manage the consequences of a guished service to the Ferndale community. sion, Fleet Marine Forces Atlantic; Com- chemical or biological incident. This force has She has been instrumental in coalition-build- manding General, 2d Force Service Support been employed on several instances at the ing in the City of Ferndale. A unique contribu- Group; Commanding General, 6th Marine Ex- national level, and has prompted the develop- tion has been her efforts in building relation- peditionary Brigade; commanded the 2d Force ment of additional consequence management ships between business and the homeowners Service Support Group during the Gulf War; capabilities throughout DoD. of Ferndale. A familiar scene were the block commanded Marine Forces Pacific/Com- He created and implemented the ``Trans- parties where business men and women manding General, Fleet Marine Force Pacific, formation Process'' of making MarinesÐa ho- would volunteer along with the residents. Joan and on June 29, he was promoted to General listic approach to recruiting and developing has that special skill of bringing together peo- and assumed duties as the 31st Commandant young men and women to ensure they have ple of diverse interests and abilities, and en- on June 30, 1995. the skills and basic character needed to effec- couraging a partnership between them. General Krulak's decorations and medals in- tively meet the asymmetric 21st century threat. Years ago, the assumption by many was clude: the Silver Star Medal; Bronze Star Transformation, which begins with a prospec- that Ferndale was a city in decline. Many citi- Medal with Combat ``V'' and two gold stars; tive recruit's first contact with a Marine re- zens felt otherwise and Joan Stefanski was Purple Heart with gold star; Combat Action cruiter and continues throughout a Marine's among the key activists. She played an impor- Ribbon; Republic of Vietnam Cross of Gal- service, constituted a major enhancement to tant role in business development in the city, lantry; the Republic of Vietnam Campaign the way the Marine Corps recruits and trains bringing about a re-blossoming of Ferndale. Medal; and the Kuwait Liberation Medal. Marines. An example was the decision of Credit Union It is during his tenure as the 31st Com- He labored extensively to institutionalize the One to remain in Ferndale, thus helping to mandant of the Marine Corps to which this Marine Corps' ``core values'' of honor, cour- keep Ferndale commercially viable, and set body has come to know and appreciate the age, and commitment while maintainingÐand the tone for other companies to bring their many virtues of this modern day warrior. His in many cases elevatingÐperformance stand- business to the city. Today, we see downtown accomplishments as Commandant will reso- ards in every aspect of Marine Corps' recruit- Ferndale moving ahead rapidly. Today, we nate long and far into the next millennium, en- ing and developmental processesÐbe they see the neighborhoods increasingly sought suring the Marine Corps remains the world's mental, physical or moral. after as a place of residence. premier crisis response force. A professional There are many more accomplishments that As a Congressman, I have thoroughly en- force that is committed, capable, and reliable could be enumerated upon hereÐaccomplish- joyed the many years of our working relation- to meet any challenge, under any cir- ments that speak to programs and doctrine, to ship. Whether it was trying to find a reason- cumstance, anytime and anyplace in the systems and platforms. But, to focus on these, able and real solution to the Ferndale Post Of- world. as daunting as they are, would be an injustice fice difficulties, bringing together people to The challenges which will confront this Na- to the most important aspect of General form the Southwest Oakland Coalition for the tion in the 21st century will be varied and Krulak's storied careerÐthe care and nurturing prevention of drug and alcohol abuse, or at- often unpredictableÐa time of asymmetry, un- of the Marine Corps family. tending Chamber meetings, among many en- certainty, and chaos. Fortunately, General He created the Personnel and Family Read- deavors, my staff and I have always found Krulak had the wisdom and foresight to under- iness Division within Headquarters Marine working with Joan to be most productive and stand the emergence of this fluid and unstable Corps to account for the fact that personal and satisfying. environment. He understood the necessity to family readiness are inseparable from combat CONGRESSIONAL RECORD — Extensions of Remarks E1435 readiness. General Krulak not only pursued affected by United States nuclear testing in This authorization to the people of Bikini is making better Marines, capable of winning our the Marshall Islands without any additional appropriate as it is what the community of Bi- Nation's future battles, but also to make better federal expenditure and consistent with the in- kini desires and it is consistent with congres- Americans. He promoted a focus on character tent of Congress. These individuals are still sional intent for the resettlement of the people development and high ethical and moral waiting to resettle after over five decades whose lives and homes were disrupted by standards. He stressed core values of honor, since the U.S. program began in their islands U.S. testing. Without any additional cost to the courage, and commitment as a way of life in which resulted in their removal from their U.S. taxpayer, Congress can help the remain- the Corps. They are attributes that will serve home atoll. ing senior Bikini elders' resettlement and relo- them well, long after they have hung up their At the Committee on Resources' May 11th cation. uniforms. hearing on the status of nuclear claims, relo- Following is a copy of the Kili/Bikini/Ejit A key contributor to the Marine Corps family cation and resettlement efforts in the Marshall Local Government Council's May 12, 1999 and a person General Krulak owes much suc- Islands, and as part of the May 10th Congres- Resolution on this matter, reflecting the full cess to is his wife, Sandy Krulak. She gave sional pre-hearing briefing, the people of Bikini support of the Bikini community. dignity and grace to the maturation of the Ma- asked Congress to support a one-time 3 per- KILI/BIKINI/EJIT LOCAL GOVERNMENT COUNCIL: rine Corps family. She has devoted her life to cent distribution from the Resettlement Trust KILI/BIKINI/EJIT LOCAL GOVERNMENT RESO- her husband and to the Corps. Her sacrifice Fund, which is used both for the cleanup of LUTION NO. 2–1999 and devotion has served as an example and Bikini and for the ongoing needs of the Bikini A RESOLUTION inspiration for others. Later this month the people. Congress established this trust fund in This Resolution requests a one-time three Corps will lose not one, but two very excep- 1982 pursuant to P.L. 97±257 and appro- percent (3%) distribution from the existing tional people. priated additional funds in 1988 pursuant to corpus of the Resettlement Trust Fund for P.L. 100±446. the People of Bikini to benefit primarily the In closing I want to recognize General Bikini elders and to request appropriate U.S. Krulak for his uncompromising integrity to al- The Bikini people have explained that Dr. Senate and House committees to hold hear- ways do the right thing, for the Nation and his John Mauro and his team are preparing a re- ings to determine the appropriateness of beloved Corps. His unwavering conviction that port on the potential radiation doses and such request, the status of cleanup efforts at ``Semper Fidelis'' is a way of life, not just a health risks to the people of Bikini and costs Bikini, current estimates of cleanup and res- motto, speaks powerfully to the citizens he associated with various remediation options, toration costs, questions concerning the serves. It has been my good fortuneÐit has which should be completed within three guarantee of Bikini Atoll’s safety and other been the House good fortuneÐto witness the months. The exact cost has not yet been es- appropriate issues. tablished, but it is estimated that the entire Whereas, the Resettlement Trust Fund for resolve of a person who believes so strongly the People of Bikini (‘‘Resettlement Trust about the institution to which he serves. Now, cleanup and resettlement process, from plan- Fund’’) was established by the U.S. Congress to some that might seem old fashioned and ning through execution, will take approximately in 1982 pursuant to the terms of Public Law out-of-step with societies norms today, but to ten years. As a result, it is certain that the Bi- No. 97–257, for ‘‘the relocation and resettle- General Krulak it is the life and blood that sus- kini elders, many of whom have not been back ment of the Bikini people in the Marshall Is- tains the Corps. He fought hard to address on their home islands for more than 53 years, lands, principally on Kili and Ejit Islands;’’ readiness and modernization issues before the will probably die on Kili without returning and Whereas, Public Law No. 97–257 also in- Senate Armed Services Committee when it home. The Bikinians, for their part, have ensured structed that $3,000,000 of the Resettlement was not always popular to do so. He chal- Trust Fund was to be made available ex lenged the logic and assertion by many of the the fiscal integrity of the Resettlement Trust gratia to the people of Bikini over a three- benefits concerning integrated training during Fund. They have selected reputable U.S. year period; and indoctrination into the military. Today, the banks as trustees, hired well-respected and Whereas, the U.S. Congress appropriated Corps is meeting its recruiting requirements, talented investment advisors and money man- additional funds for the Resettlement Trust forty-eight months consecutively and achieved agers, and provided for routine monthly finan- Fund in 1988 and modified its terms to pro- vide that funds could also be ‘‘expended for its retention goalsÐa testimony to the wisdom cial statements and annual audits. Thanks to the money managers and the Bikini Council's rehabilitation and resettlement of Bikini and foresight of General Krulak. Atoll;’’ and General Krulak, the Marine Corps is a better voluntary restraint on the use of these funds, Whereas, the people of Bikini have ensured institution today than it was four years ago. the corpus remains intact, the trust fund has the fiscal integrity of the Resettlement Your sacrifice and devotion to duty have made earned almost 14 percent annually, every dol- Trust Fund by (1) selecting reputable banks it so. You have provided a significant and last- lar has been accounted for, annual audits are as trustees (American Security Bank and ing contribution to your Corps and to this Na- prepared, and monthly financial statements now FMB Trust), (2) hiring well-respected in- tion's security. Through your stewardship there are sent to the Interior Department's Office of vestment advisors (such as Alex, Brown and PaineWebber) and money managers (such as is a renewed sense of esprit de corps. Those Insular Affairs. In light of the strength of the trust, its fiscal MFS, Gabelli, Fiduciary Trust, etc.), and (3) who follow your example will be a testament directing that every dollar of Resettlement to the legacy you leave behind. integrity, the lengthy time a cleanup and res- Trust Fund expenditures be audited and that I want to wish you and your family fair winds toration will take, and the special cir- monthly financial statements and annual au- and following seas as you step down as the cumstances of the elders, the Bikinians wish dits be routinely provided to the Department 31st Commandant of the Marine Corps. Your to make a one-time 3 percent distribution from of the Interior’s Office of Insular Affairs, distinguished and faithful service to our coun- the Resettlement Trust Fund, with the under- which oversees the Resettlement Trust try is greatly appreciated. You will be sorely standing that the primary beneficiaries of the Fund; and distribution will be the 90 surviving Bikini el- Whereas, the Resettlement Trust Fund has missed, but surely not forgotten. averaged a 14% annual return since incep- f ders. Because of the excellent management of tion; and the trust fund, such a distribution will not re- Whereas, the Resettlement Trust Fund has LEGISLATION FOR THE PEOPLE quire an appropriation of funds by Congress, paid out millions of dollars since inception OF BIKINI ATOLL nor will it diminish the original corpus of the for scholarships, health care, food programs, trust. The Bikini people would also agree that housing and electrical power construction, HON. DON YOUNG the amount of such distribution be deducted maintenance and repairs on Kili and Ejit, from any further additional ex gratia appropria- and infrastructure, cleanup and resettlement OF ALASKA activities on Bikini Atoll; and IN THE HOUSE OF REPRESENTATIVES tions made by the Congress into the Resettle- Whereas, through prudent management ment Trust Fund. Tuesday, June 29, 1999 and voluntary restrictions on the use of Re- The corpus will remain intact with a 3 per- settlement Trust Fund monies, the market Mr. YOUNG of Alaska. Mr. Speaker, I am cent distribution. The original corpus of the value of the Resettlement Trust Fund today introducing legislation today to assist in the re- trust was $110 million, based on the $20 mil- is approximately $126,000,000; and settlement and relocation of the people of Bi- lion appropriated in 1982 and the additional Whereas, recently disclosed information kini Atoll by amending the terms of the trust $90 million in 1988. The market value of the previously withheld by the U.S. government reveals that the physical and radiological fund established during the United States ad- trust today is approximately $126 million, so a damage to Bikini Atoll caused by the U.S. ministration of the Trust Territory of the Pacific 3 percent distribution, or approximately nuclear testing program was more extensive Islands. This will permit the people of Bikini to $3,780,000, will reduce the market value to than was or could have been known by the use a portion of their fund for resettlement ac- $122.2 million, which remains well above the people of Bikini until the disclosure of such tivities for the remaining 90 seniors who were original corpus. information; and E1436 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 Whereas, the people of Bikini have re- IN SPECIAL RECOGNITION OF ness, but good for improving the quality of life cently learned from well-respected scientists SUSIE MUSHATT JONES for low and moderate income residents in our who have conducted extensive radiological communities. Let's continue to make the cleanup cost estimates for the U.S. Environ- mental Protection Agency that the restora- HON. EDOLPHUS TOWNS American dream a reality for more Americans. tion costs for cleanup and resettlement of OF NEW YORK f Bikini Atoll will exceed several hundred mil- IN THE HOUSE OF REPRESENTATIVES ‘‘A SALUTE TO THE MILITARY’’ IN lion dollars; and Whereas, this means that many Bikini el- Tuesday, June 29, 1999 HONOR OF THE UNITED STATES ders, who have not been back on their home Mr. TOWNS. Mr. Speaker, I rise today to MARINE CORPS, EL TORO, CALI- islands for 53 years, will probably die with- recognize the rich and full life of Susie FORNIA out returning home; and Mushatt Jones as she celebrates her 100th Whereas, of the 167 of our elders who were moved off our islands in 1946, fewer than 90 birthday on July 6, 1999. Mrs. Jones is from HON. LORETTA SANCHEZ are still alive; and the first generation of African-Americans after OF CALIFORNIA Whereas, most of these elders live on Kili, the abolition of slavery. In the life of Mrs. IN THE HOUSE OF REPRESENTATIVES an island one-ninth the size of Bikini Atoll Jones, she had the opportunity to witness Tuesday, June 29, 1999 which must support six times the number of many pivotal events in history. She is a source people who lived on Bikini; and of history that we need in our community. The Ms. SANCHEZ. Mr. Speaker, on November Whereas, we wish to compensate these el- experiences of Mrs. Jones can help us better 10, 1775, the Continental Congress met in ders with a one-time 3% distribution from understand the world we live in. She has ex- Philadelphia, passing a resolution that ``two the corpus of the Resettlement Trust Fund; battalions of Marines be raised'' for service as and perienced the great depression, two world Whereas, unlike people living on other wars, the Harlem Renaissance, the Civil landing forces with the fleet. This resolution, atolls in the Marshall Islands, our people on Rights Movement of the 1960's, and many sponsored by John Adams, established the Kili cannot fish because Kili has no lagoon more historical events. She has helped to Continental Marines and marked the birth of and no reef, thus requiring our community build the foundation of our community. Mrs. the United States Marine Corps. to supplement our U.S.D.A. food by pur- Jones has positively influenced the lives of From that time forward, and throughout the chasing other canned goods at great expense; history of the United States of America, the and family and friends from her advice and assist- ance. Marines have proven themselves to be among Whereas, a one-time 3% distribution from the bravest and most heroic divisions of the the Resettlement Trust Fund will not re- The life of Mrs. Jones must be acknowl- quire an appropriation of any funds by the edged because she has advice on how to live military. The Marines have fought valiantly in U.S. Congress; and a full and long life. Seniors, such as Mrs. the American Revolution, the Battle of 1812, Whereas, given the good management of Jones, act as pillars in our community. People the Mexican War (1846±1848), the Civil War the Resettlement Trust Fund a 3% distribu- in our community need to follow in her ``foot (1861±1865), the Spanish American War tion would not diminish the original corpus steps'' because Mrs. Jones has accomplished (1898), World War I, World War II, and the of the trust fund; and something that many people dream of achiev- Gulf War. They have fought from ``the Halls of Whereas, Congress has previously author- Montezuma to the Shores of Tripoli'' to keep ized ex gratia per capita payments from the ing. The resounding strength of Mrs. Jones Resettlement Trust Fund; and will continue to permeate in the lives of the our nation free. Whereas, the House Resources Committee people that surround her. El Toro was commissioned as a Marine (formerly the House Committee on Interior We pray that God will continue to bless Mrs. Corps Air Station in March of 1943. The base and Insular Affairs) has held many oversight Jones. was used as a staging area and training facil- hearings on Bikini-related issues during the f ity for the battle with the Japanese in the Pa- past 25 years, covering such issues as health cific. Built on a bean field, the first Marines care, education, agricultural and food pro- COMMUNITY REINVESTMENT ACT were housed in bean barracks until the new grams, establishment and oversight of ex barracks were constructed. From that point gratia trust funds for the Bikini people, Bi- kini Atoll cleanup, Compact of Free Associa- HON. SHERROD BROWN forward, Marine troops poured into the base tion Section 177 Agreement cover-up of the OF OHIO and soon the first squadrons were formed, fly- 1954 Bravo shot, and vaporization of islands IN THE HOUSE OF REPRESENTATIVES ing operational missions into combat in the at Bikini; South Pacific. Now, therefore, be it resolved, that: (1) The Tuesday, June 29, 1999 Just as the war in the Pacific ended, Con- Council requests a one-time only 3% dis- Mr. BROWN of Ohio. Mr. Speaker, the gress threatened to close the base. However, tribution from the existing corpus of the Re- Community Reinvestment Act (CRA) was cre- with new conflicts beginning in Korea, the settlement Trust Fund, with the under- ated by Congress in 1977 to encourage feder- standing that the primary beneficiaries of base was kept open. At this time it became this distribution will be the Bikini elders. ally insured financial institutions to help meet apparent that a Western base was definitely (2) The Council agrees that the amount of the credit needs of the communities they needed on the Pacific Coast. After the Korean such distribution shall be deducted from any serve. Fair and equal access to capital and War, the 3rd Marine Aircraft Wing was moved future additional ex gratia payments made credit should be a fundamental right, yet for from Florida to El Toro. The base was ex- by the U.S. Congress into the Resettlement too long it has been a privilege based on race panded to accommodate the increasing mili- Trust Fund. or economic class. By any measure, the CRA tary expansion. With Vietnam, El Toro again (3) Legal counsel Jonathan M. Weisgall is has been a success in creating jobs, busi- became a training, staging, and debarkation instructed to forward a copy of this Resolu- tion to Allen P. Stayman, Director, Office of nesses, affordable housing and homeowner- point for the Marines. Insular Affairs, U.S. Department of the Inte- ship in minority and poor neighborhoods. In 1975, Vietnamese refugees were flown rior; Senator Frank Murkowski, Chairman, In my home county of Lorain, OH, the into the base, before being sent to refugee Senate Energy and Natural Resources Com- FirstMerit Bank challenge under CRA gar- camps in Camp Pendleton. And, in 1983, El mittee; and Representative Don Young, nered over a $20 million commitment from Toro received the F/A±18 Hornet, the most Chairman, House Resources Committee, and FirstMerit for mortgage lending in low and advanced fighter-attack aircraft in Naval his- to urge these Senate and House Committees moderate income tracts. More importantly, the tory. By now the base has grown from the to hold hearings, as necessary, to determine FirstMerit challenge started the Community original 2,300 acres and 30 Marines to 4,700 the appropriateness of the above request and to obtain information concerning the status Development initiative in earnest and led to a acres and 15,000 personnel. of cleanup efforts at Bikini Atoll, current es- $33 million commitment from local public offi- In the 1990's, the Marines were called into timates of cleanup and restoration costs, cials, banks and foundations on a community action during Operation Desert Storm and Op- questions concerning the guarantee of Bikini based development system for the county. eration Desert Shield. After America's victory Atoll’s safety, and other appropriate issues. Blatant discrimination in lending is declining in the Persian Gulf, the Department of De- Final and passed by the KILI/BIKINI/EJIT and homeownership and small business op- fense embarked on an initiative to restructure LOCAL GOVERNMENT COUNCIL on the portunities are on the rise. We can attribute and realign America's military and as a result, 12th day of March, 1999, at a meeting on Kili much of this progress to the Community Rein- El Toro was recommended for closure. Island. APPROVED: vestment Act. CRA has proven that working El Toro Marine Base, which has played a TOMAKI JUDA, together with local leaders, advocacy organi- most significant and important part of history, Mayor zations, and financial institutions, we can will now become part of history. As we bid Witness: Nathn Note, Clerk make local investment not only good for busi- farewell to the men and women who have so CONGRESSIONAL RECORD — Extensions of Remarks E1437 nobly served our country, we will never forget it less likely that NATO will be called upon to just with promises, but with resources of suf- the indelible impression that these dedicated use force in the future.'' ficient quantity and timeliness to make a Marines have made on the lives of so many Mr. Speaker, I ask that Secretary Albright's difference. Above all, we must have faith that the individuals. True to their motto, the Marines thoughtful address to the Council on Foreign mission’s underlying principles of democracy will be ``Always Faithful,'' Semper Fi. Relations be placed in the RECORD, and I urge and tolerance, economic reform and the rule f my colleagues to give it careful attention. of law, are the right ones for all the people of Kosovo. SECRETARY ALBRIGHT PROVIDES [Address to the Council on Foreign Relations, June 28, 1999] There are some who see an insurmountable THE BLUEPRINT FOR U.S. FOR- obstacle in the desire of many Kosovars for AFTER KOSOVO: BUILDING A LASTING PEACE EIGN POLICY IN THE POST- immediate independence, a position that nei- KOSOVA WORLD (By Secretary of State Madeleine K. ther NATO nor governments in the region Albright) support. Thank you Les, and good evening to you Having met with the Kosovar leadership, I HON. TOM LANTOS all. Members of the Council on Foreign Rela- know the yearning for independence is pow- OF CALIFORNIA tions and distinguished colleagues, friends erful. IN THE HOUSE OF REPRESENTATIVES and guests. NATO’s confrontation with Bel- But I also know that Belgrade’s with- grade over Kosovo has ended in accordance drawal has altered the reality within which Tuesday, June 29, 1999 with the conditions the Alliance set. Now, the people of Kosovo will formulate their as- Mr. LANTOS. Mr. Speaker, yesterday in an we face the even harder task of building a pirations. Until now, independence has address to the Council on Foreign Relations in lasting peace there and throughout South- seemed the only alternative to repression. New York, our exceptional Secretary of State, east Europe. This evening, I would like to But in the future, Kosovars will have discuss with you this historic challenge. something they have never had, which is Madeleine K. Albright, discussed the current Churchill once described Russia as a riddle genuine self-government. They will be out international interests of the United States as wrapped in a mystery inside an enigma. In from under Milosevic’s boot, with the free- we move beyond Kosovo. She presented a Kosovo today, we see a success folded within dom to choose their own leaders and shape thoughtful and insightful analysis of our na- a tragedy stamped with a question mark. the laws by which they are governed. tion's role in the post-Cold War world. Consider the reactions of the refugees and Milosevic, meanwhile, won’t be able to ar- Mr. Speaker, the 11 week NATO campaign displaced as their time of exile ends. For rest so much as a jaywalker in Kosovo. And to protect the rights of ethnic Albanians in the some, coming home means a joyous reunion his henchmen won’t have the capacity to in- province of Kosovo was an important turning of family and friends. For others, it means a timidate Kosovars or deny them their rights. heart-stopping confirmation of terrible fears That is why the Kosovar Albanian leader- point in the history of Southeastern Europe. as bodies are identified and mass graves ship signed on to the Rambouillet Accords, For the past decade we have dealt with in- found. For all, it means uncertainty about despite the absence of an independence guar- flamed Serbian nationalism incited and fo- what will come next. antee. And while I will go out on a limb and mented by Serbian President Slobodan As a result, Kosovo today is a cauldron of predict that KFOR will receive strong co- Milosevic for his own narrow political goals. grief mixed with exhilaration, of unresolved operation from most Kosovars in the months The war over Kosovo has established the vital anger and unfilled dreams. Out of this the ahead. principle that ethnic cleansing and racial dis- international community, and the area’s Another key issue is whether the new people, must build a future secure and free. Kosovo will include its ethnic Serb, Roma crimination against a minority cannot and will A starting point is provided by UN Secu- and other minorities, and whether they will not be tolerated by the international commu- rity Council Resolution 1244, and the mili- be able to live safely now that Belgrade’s nity. tary and political arrangements to which it forces have withdrawn. Three months ago, Mr. Speaker, press pun- refers. Given the extent of destruction inflicted dits and politiciansÐmany of them here on the In accordance with these, Serb forces have by Serbs, the risk is obvious that some eth- floor of this HouseÐwere quick to criticize and left, KFOR is deploying, and the Kosovo Lib- nic Albanians will take the law into their to express doubts about the policy of the Ad- eration Army will demilitarize over the next own hands. Many unacceptable incidents ministration, which was ably articulated and 90 days. have already occurred. In addition, the United Nations Interim But KFOR takes seriously its mandate to implemented by Secretary Albright. Now we Mission is being set up. It will operate in protect all Kosovars, including Serbs. And have succeeded in removing the threat to eth- partnership with the EU, the OSCE, donor its effectiveness will increase as deployment nic Albanians in Kosovo and have begun the countries and KFOR. And its duties will en- continues, and demilitarization gains steam. process of implementing the principles of the compass civil administration, humanitarian Kosovo will be a better place if Serbs who Ramboulliet agreement that was signed by Al- relief, economic recovery, and the creation did not commit crimes stay and help rebuild. banian representatives shortly before the Ser- of democratic institutions, including—most But that is their decision to make. We will bian reign of terror was unleashed upon the crucially—a new local police. measure our success by whether the rights of Assembling the nuts and bolts of a durable all those who choose to live in Kosovo are re- Albanian population of Kosovo. peace in Kosovo is a daunting challenge. Our spected. Mr. Speaker, I want to pay tribute to Sec- expectations should be realistic. The mission The same principle, incidentally, should retary Albright for her outstanding leadership will take time; complaints will surely be apply elsewhere in the region. The inter- and her tireless diplomatic efforts which were heard; and despite KFOR’s presence, the dan- national community must continue to press so critical to the success of our military action ger of violence will persist. As is usual, the for the safe return of other refugees, includ- in Kosovo. Secretary Albright has provided the good news will often be treated as no news, ing ethnic Serbs to the Krajina region of vision that has guided our action in Kosovo. while setbacks receive the spotlight. Success Croatia. This is crucial, for there could be Yesterday, Mr. Speaker, Secretary Albright will require an extraordinary team effort. few greater gifts to the 21st Century than to Notwithstanding all this, I am hopeful—for bust the ghosts of Balkans past and consign again provided that vision as she discussed three reasons. Milosevic’s tactics of hate to the trash bin of with the members of the Council on Foreign First, for most of the past decade, Kosovo history. Relations her view of the role of the United Albanians coped with Serb repression by Even as we work to help Kosovo regain its States in the post-Kosovo world. The military maintaining parallel political, educational feet, we are acting to secure the future of the action of the NATO allies in Kosovo is a crit- and social structures. They have experience region. With out partners in the European ical victory that will help define the nature of managing institutions. Union playing a big role, we have launched a international relations. Second, in past weeks, I have seen an ex- Pact to stabilize, transform and eventually Secretary Albright was thoughtful in articu- traordinary determination on the part of Eu- integrate all of Southeast Europe into the ropean officials to get this job done and done continent’s democratic mainstream. lating the role that the United States should right. This is true from London to Helsinki We undertake this effort because it is play in the post-Kosovo world. ``Some hope, and from Ankara to Lisbon. Failure is not an right, but also because it is smart; for we and others fear, that Kosovo will be a prece- option. know that America cannot be secure unless dent for similar interventions around the Third, the international community has Europe is secure, which it will not be if its globe,'' she told the Council. ``I would caution learned some hard lessons in recent years southeast corner remains wracked by divi- against any such sweeping conclusions.'' At about the do’s and don’ts of building peace in sion and strife. the same time, she expressed the hope that post-conflict situations. Our strategy, with our partners, is to apply It is essential that, in Kosovo, these les- the model of help and self-help reflected in the NATO action against Serbia would serve sons be heeded. The military and civilian the Marshall Plan half a century ago, and in to deter rogue governments in the future from components must work together well both efforts to aid democratization in Central Eu- engaging in such ethic, religious, and racial re- internally and with each other. Both must rope this decade. In this spirit, President pression: ``By meeting massive ethnic cleans- take effective use of their mandates and Clinton will meet with his counterparts in ing in the Balkans with a red light, we make focus on results. Donors must back them not the region this summer. E1438 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 Together, they will discuss ways to mobi- ing, and following President Clinton’s lead, American than when I heard the chant lize the resources of a wide range of govern- we worked together to bring the conflict to ‘‘USA, USA, USA’’ and saw a little boy’s ments and organizations, while coordinating an end. And now, with Russia in KFOR, we handlettered sign that read, at the top, ‘‘I with the European Community and World are working together to sustain the peace. Love America’’ and at the bottom, ‘‘I want Bank. Our intention is to work urgently and More generally, the time-tested marriage to go home.’’ effectively with leaders in Southeast Europe of diplomacy and force played a central role As someone whose own family was twice as they strive to attract capital, raise living from the beginning of this crisis. At Ram- forced to flee its home when I was still a lit- standards, reconcile ethnic and religious ten- bouillet, we sought an interim political set- tle girl, I remember how it feels to be dis- sions, and promote the rule of law. tlement that would have protected the rights placed. And now I know how it feels, as Sec- In this way, we hope over time to enable of all Kosovars. To the vast detriment of retary of State, to be able to tell that little countries throughout the region to partici- Serb interests, Milosevic rejected that agree- boy and his family that—with America’s pate fully in the major economic and polit- ment. But the talks helped bring the help—they would go home, safely and soon. ical institutions of the Trans-Atlantic com- Kosovar Albanian leadership together in an There are some who say that Americans munity. This would greatly serve America’s unprecedented way. need not care what happens to that child or interest in expanding the area within Europe After NATO launched its campaign, we to those like him. where wars simply do not happen. And it shifted from diplomacy backed by the threat Others suggest that until we can help all would mark another giant step towards the of force to diplomacy in support of force. We the victims of ethnic violence, we should be creation of a continent whole and free. worked hard to assist the frontline states in consistent and not help any. We do not start from square one, but rath- coping with the flood of refugees. We re- Still other believe that by trying to bring er with a strong base of democratic leader- ceived help from countries on every con- stability to the Balkans, we are taking on a ship. Hungary has already joined NATO. tinent, including those in the Muslim world. job that is simply too hard. Hungary and Slovenia are well along in ac- We consulted constantly with our Allies, Finally, there are some—overseas and even cession negotiations with the EU. And offi- who stayed together every step of the way. here at home—who see NATO’s actions as cials in Bulgaria, Romania, Macedonia, Al- And we made full use of public diplomacy to part of a master plan to impose our values bania and Croatia demonstrated throughout explain NATO’s objectives. on the world. the recent crisis that they want their soci- Ultimately, we were able to use diplomacy Such criticisms are not original. They echo eties to grow, prosper and live in peace. to help bring the need for force to an end. voices heard half a century ago when Amer- The same is true of Montenegro, where Thanks to the tireless efforts of Deputy Sec- ica led in rebuilding war-torn societies President Djukanovic and his people endured retary of State Strobe Talbott, we reached across two oceans, helped to reconcile his- grave danger without wavering in their sup- an understanding with Russia’s envoy Victor toric enemies, elevated the world’s concep- port for democratic principles. They have Chernomyrdin on the terms of peace. We so- tion of human rights, and attempted—and earned the right to participate in our initia- licited the help of Finnish President achieved—the impossible by supplying more tive. Ahtisaari in presenting those terms to Bel- than two million people in Berlin entirely by We look forward as well to welcoming a grade. By then, an isolated Milosevic had no air for more than nine months. new Serbia, because our efforts at regional other choice but to accept. And we proceeded From that time to this, the United States integration cannot fully succeed until that to gain Security Council approval for an has defended its own interests, while pro- occurs. But Serbia will not receive help, ex- international force with NATO at its core. moting values of tolerance and free expres- Now we are in a new stage of practicing di- cept for humanitarian relief, until it is sion that are not ‘‘Made in America’’ or con- plomacy to build peace. During the past two democratic and Milosevic is out of work or— fined to the West, but rather universal and weeks, we have consummated agreements on better yet—in jail. fundamental to world progress and peace. an appropriate role for Russia in KFOR, KLA This is only common sense. Milosevic led It is in this spirit of melding present inter- demilitarization, and the Southeast Europe Serbia into four wars this decade. He has ests with timeless values—a spirit fully in Stability Pact. keeping with the highest traditions of U.S. been indicted for crimes against humanity. Our strategy throughout has been ground- foreign policy—that we have acted in He has lied repeatedly to his own people and ed firmly in U.S. interests. By meeting mas- Kosovo, and that we strive now for lasting to the world. His regime is hopelessly cor- sive ethnic cleansing in the Balkans with a peace throughout Southeast Europe. rupt. He portrays himself as a hero, but he is red light, we make it less likely that NATO a traitor to every honorable Serb and has no It is to the success of this mission, and the will be called upon to use force in the future. continuation of this tradition, that I pledge place in the region’s future. And by supporting democracy and promoting We learned in Kosovo, as in Bosnia and my own best efforts tonight, and respectfully human rights, we contribute to a future of Rwanda, that in this era of varied and mo- solicit your wise counsel and support. Thank stability and peace throughout Europe. This bile dangers, gross violations of human you very much. is fully consistent both with American inter- rights are everyone’s business. Earlier this ests, and with NATO’s purpose, which is to f century, our predecessors confronted not prevent war, while defending freedom. only Hitler, but Fascism; not only Stalin, Some hope, and others fear, that Kosovar RELATIONS BETWEEN EGYPT AND but Communism. will be a precedent for similar interventions THE UNITED STATES In recent weeks, we confronted not only around the globe. I would caution against Milosevic, but ethnic cleansing. NATO’s any such sweeping conclusions. Every cir- leaders simply refused to stand by and watch HON. GARY A. CONDIT cumstance is unique. Decisions on the use of while an entire ethnic community was ex- OF CALIFORNIA force will be made by any President on a pelled from its home in the Alliance’s front case-by-case basis after weighing a host of IN THE HOUSE OF REPRESENTATIVES yard. factors. Moreover, the response to Milosevic By acting with unity and resolve, NATO Tuesday, June 29, 1999 would not have been possible without NATO, reaffirmed its standing as an effective de- and NATO is a European and Atlantic, not a Mr. CONDIT. Mr. Speaker, I rise today with fender of stability and freedom in the region. global, institution. my good friends, the gentleman from Cali- It validated the strategy for modernizing the We have been laboring throughout this fornia, Mr. BERMAN, and the gentleman from Alliance approved at the Washington Sum- decade to improve the world’s ability to pre- Ohio, Mr. KASICH, along with many other of my mit in April. And it underlined the impor- vent and respond to humanitarian disasters, tance of the leading nations on both sides of colleagues including the distinguished Chair- but this remains a work in progress. man of the Committee on International Rela- the Atlantic acting together in defense of We conceived the Africa Crisis Response shared interests and values. Initiative to improve indigenous capacities tions, Mr. GILMAN of New York, the distin- If we are as resolute in building peace as on that continent. guished Chairman of the Committee on Appro- we were persistent in conflict, the crisis in We are the largest contributor to the UN priations, Mr. YOUNG of Florida; the gentleman Kosovo may come to be viewed as a turning High Commissioner for Refugees. from California, Mr. LANTOS; the gentleman point in European history. We are backing strongly the War Crimes from Ohio, Mr. OXLEY, the gentleman from In the past, Balkan strife has torn Europe Tribunal for Rwanda and the Balkans. Michigan, Mr. BONIOR; the gentleman from apart, as big powers took sides and made And we have supported peace initiatives local fights their own. The Dayton accords from Northern Ireland to the Middle East California, Mr. POMBO; the gentleman from established a new model of nations coming and Central Africa. New York, Mr. ACKERMAN; the gentleman from together to promote peace. Milosevic gam- The United States remains the world’s California, Mr. CAMPBELL; the gentlelady from bled that Kosovo would prompt a reversion leading force for justice and stability. But a Missouri, Ms. DANNER; the gentleman from to the earlier model, splitting the Alliance leader cannot stand still. We need help from Texas, Mr. FROST; the gentleman from Ne- and opening an unbridgeable gap between Congress to support the President’s requests braska, Mr. BARRETT; the gentleman from Flor- Russian and the West. Thanks to a careful for resources to back our leadership, and to ida, Mr. HASTINGS; the gentleman from Wis- assessment of mutual interests in Moscow ensure that our commitments in Southeast and Allied capitals, he bet wrong. Europe do not cause the neglect of other pri- consin, Mr. PETRI; the gentleman from Michi- Russia and NATO did not see eye to eye on orities. gan, Mr. DINGELL; the gentleman from New the use of force against Belgrade. But both Not long ago, I visited a refugee camp in York, Mr. WALSH; the gentleman from Michi- wanted to prevent the conflict from spread- Macedonia. And I was never prouder to be an gan, Mr. KNOLLENBERG; the gentleman from CONGRESSIONAL RECORD — Extensions of Remarks E1439

New York, Mr. MCNULTY; the gentleman from Egyptian armored forces were alongside US partment. But, Mr. Speaker, Clayton is much Arizona, Mr. PASTOR; the gentlelady from Flor- forces sharing in the burdens and dangers. more than a public servant. ida, Ms. ROS-LEHTINEN; the gentleman from We, the undersigned Members of Congress, hereby witness our good will and intention Clayton Ezell is a proud native of Lawrence Connecticut, Mr. GEJDENSON; the gentleman in declaring ourselves ‘‘Friends of Egypt in County and the oldest of ten children. He's a from Virginia, Mr. BLILEY; the gentleman from the United States Congress’’ in support of Navy veteran of World War II and a husband Minnesota, Mr. PETERSON; the gentleman from the following objectives: of 55 years. He is a father of two and grand- West Virginia, Mr. RAHALL; the gentleman from ACADEMIC COOPERATION father of four. Clayton Ezell is an American Arizona, Mr. SALMON; the gentleman from Flor- The continued expansion of cultural and who gave of himself to get involved in his ida, Mr. DEUTSCH; the gentleman from Texas, academic exchanges through visits by schol- community and help lead its citizens into a Mr. LAMPSON; the gentleman from New Hamp- ars, students, and political leaders. Unparal- better future. shire, Mr. SUNUNU; the gentlelady from Michi- leled opportunities for Americans to study in Mr. Speaker, at a time when fewer people gan, Ms. KILPATRICK; the gentleman from New Egypt have been matched by the academic take active roles in their community, we York, Mr. KING; the gentleman from Florida, success attained by students at the Amer- should point to Clayton Ezell as somebody Mr. WEXLER; the gentleman from Texas, Mr. ican University of Cairo under the American who got personally involved to make his com- BRADY; the gentleman from Illinois, Mr. CRANE; model of instruction with its emphasis on de- bate and free inquiry. Particularly note- munity a better place to live and raise a fam- the gentleman from New Jersey, Mr. PAYNE; ily. the gentleman from American Samoa, Mr. worthy is the Mubarak Professional Training Initiative which provided interships for FALEOMAVAEGA; the gentleman from Pennsyl- Egyptian managers in the American private f vania, Mr. PITTS; the gentleman from Mary- sector. land, Mr. WYNN; the gentleman from Georgia, MILITARY COOPERATION IN HONOR OF DR. ROBERT Mr. BISHOP; the gentleman from Illinois, Mr. FRYMIER The continued cooperative efforts between PORTER; the gentleman from Tennessee, Mr. US and Egyptian military forces—begin after CLEMENT; the gentlelady from Georgia, Ms. the close of the American Civil War when MCKINNEY; the gentleman from Indiana, Mr. Egypt invited US military officers to help HON. DENNIS J. KUCINICH MCINTOSH; the gentleman from Louisiana, Mr. train the Egyptian army and sustained today OF OHIO JOHN; the gentleman from California, Mr. by joint exercises and the transfer of nec- IN THE HOUSE OF REPRESENTATIVES SHERMAN; the gentleman from California, Mr. essary equipment and technology. This close BILBRAY; the gentleman from North Dakota, bilateral cooperation contributes directly to Tuesday, June 29, 1999 Mr. POMEROY; the gentleman from Massachu- enhanced stability and security and security in the region. Mr. KUCINICH. Mr. Speaker, I rise today to setts, Mr. DELAHUNT; the gentleman from Ar- pay tribute to and recognize Dr. Robert C. kansas, Mr. SNYDER; the gentleman from INVESTMENT AND TRADE Frymier, M.D. for his 35 years of dedicated Ohio, Mr. LATOURETTE; the gentleman from The positive impact of Egypt’s economic service to the Department of Veterans. Dr. California, Mr. GARY MILLER; the gentleman liberalization and the privatization of state- Frymier is a very distinguished and awe-inspir- from Texas, Mr. HALL; the gentlelady from owned enterprises as the Egyptian govern- ment moves deliberately from central plan- ing psychiatrist. Dr. Frymier received his A.B. California, Mrs. TAUSCHER; the gentlelady from ning to a market-oriented system which is from Miami University of Ohio and M.D. from California, Ms. ESHOO; the gentleman from providing a model for all emerging econo- Ohio State University College of Medicine. California, Mr. WAXMAN; the gentleman from mies. Egypt offers unique opportunities in Since then, his credentials and honors have Connecticut, Mr. MALONEY; the gentleman tourism, industry, and natural resources, been noteworthy and extensive. from Massachusetts, Mr. FRANK; the gen- and significant markets for American indus- Since entering the Veterans Affairs system, tleman from California, Mr. DIXON; the gen- trial and agricultural products, the mutual Dr. Frymier has improved the quality of care to tleman from California, Mr. ROYCE; the gen- benefits of which should be supported by en- veterans through his own practice, education tleman from Texas, Mr. SESSIONS; the gen- hanced trade and investment agreements. and active involvement in the local and na- tleman from New York, Mr. CROWLEY; the gen- GENERAL GOODWILL tional levels. He was the innovator of several tleman from Ohio, Mr. KUCINICH; the gen- The continued promotion of goodwill and techniques in teaching therapeutic skills, such tleman from Illinois, Mr. LAHOOD; the understanding between our two nations as closed-circuit television for teaching and gentlelady from California, Ms. MILLENDER- through increased contacts between our re- video-based stimulation of doctor/patient en- MCDONALD; the gentleman from Tennessee, spective legislative bodies, non-govern- mental organizations and private enterprises counters. In 1975, Dr. Frymier was appointed Mr. FORD; the gentleman from Illinois, Mr. with the view to lengthen the strides that as the first Associate Chief of Staff/Education EWING, and the gentleman from Virginia, Mr. our two nations have made in unison—aimed at the Cleveland Veterans Affairs Medical GOODE; to read into the CONGRESSIONAL at the promotion of regional peace and sta- Center. While there, he greatly improved edu- RECORD the following Statement of Friendship bility on the foundation of human rights, cational efforts by creating educational con- between the United States and Egypt: tolerance and dignity for all. ference space with state-of-the-art capacity. STATEMENT OF FRIENDSHIP f He also established an Education Committee, The United States and Egypt share a representative of all VA staff. unique friendship based on common interests HONORING CLAYTON EZELL Dr. Frymier has contributed to the local and goals in global security, particularly in Cleveland community. In 1979, he established Africa and the Middle East. The continued stability and economic HON. VAN HILLEARY the Regional Medical Education Center and growth of Africa and the Middle East and its OF TENNESSEE was then named its Director. He served as the environs depends in significant part on the IN THE HOUSE OF REPRESENTATIVES Psychiatric Consultant for Blue Cross/Blue capacity of Egypt to maintain a stable gov- Shield of Ohio for the past 25 years, Psy- ernment which advocates modernity while Tuesday, June 29, 1999 chiatric Consultant to the Cuyahoga and being respectful of its own rich culture and Mr. HILLEARY. Mr. Speaker, I rise today to Huron Counties Courts of Common Pleas, and heritage. honor a great Tennessean, Clayton Ezell of served on the boards of Florence Crittenton Establishing and sustaining a lasting peace Lawrenceburg. Services Groups homes for Troubled Teens in the region requires the involvement of and the Shaker Youth Center for Chemical Egypt—the first Arab nation to sign a peace For the last four years, Clayton Ezell proud- accord with Israel—as a partner of the ly and ably served with distinction as the Substance Abuse. United States in constructive dialogue, mul- Mayor of Lawrenceburg. It happened to be a His professional Honoraries include, but are tilateral cooperation and other necessary time when Mother Nature did not look very not limited to, Cleveland Psychiatric Society, steps towards building a region of peace. kindly upon Lawrenceburg, but Mayor Ezell American Psychiatric Association, Ohio Psy- Under the leadership of President Hosni heroically led the city and its residents through chiatric Association, and Association of Aca- Mubarak, Egypt proved itself a worthy ally floods, tornadoes and every other challenge demic Psychiatry. during the Gulf War when Egypt was among the first to volunteer military forces—in- they encountered. My fellow colleagues, join me in honoring cluding one of the largest contingents of Prior to serving as Mayor, Clayton Ezell Dr. Robert C. Frymier, M.D. for his 35 years ground troops—following the invasion of Ku- served for 19 years as Lawrenceburg's Super- of excellent service to Veteran Affairs as well wait. During the final liberation battle, intendent of the Gas, Water and Sewer De- as to the medical community. E1440 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 THE MEDICARE DIABETIC FOOT After graduating from Smithfield-Selma High IN HONOR OF THE WORLD UCLER CARE IMPROVEMENT AND School, he studied Business Administration at CHAMPION SAN ANTONIO SPURS SAVINGS ACT OF 1999 Johnston Community College in Smithfield, NC. HON. HENRY BONILLA HON. GEORGE R. NETHERCUTT, JR. His interest and concern for his fellow man OF TEXAS OF WASHINGTON inspired him to get involved as a volunteer in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES many community activities to make a dif- Tuesday, June 29, 1999 Tuesday, June 29, 1999 ference as a community leader. Mr. BONILLA. Mr. Speaker, in recognition of Mr. NETHERCUTT. Mr. Speaker, I am He has truly made an outstanding mark in his outstanding coverage of the San Antonio pleased today to introduce the ``Medicare Dia- the community and has gained statewide rec- Spurs, I hereby enter this column by Buck betic Foot Ulcer Care Improvement and Sav- ognition, earning numerous awards. Harvey into the CONGRESSIONAL RECORD. This ings Act of 1999'' with my colleague from New Pursuant to North Carolina General Statute column appeared in the San Antonio Express York, Mr. LAFALCE. This bill represents an im- 143C±4, Craig was recently appointed to the News on the morning after the Spurs beat the portant step forward toward providing people North Carolina Government Completion Com- New York Knicks to claim the NBA title. with diabetes with the advanced treatment mission by Harold J. Brubaker, Speaker of the [From the San Antonio Express News, June they need to combat some of the complica- North Carolina House of Representatives. 26, 1999] tions experienced due to diabetes. We expect TIME OF THEIR LIVES? JUST REPLAY THE TAPE that it will also result in savings to the Medi- The purpose of the Commission is to be the (By Buck Harvey) care budget. catalyst for the use of competition to improve The legislation would extend Medicare cov- the delivery of State government services, to NEW YORK.—Within minutes Tim Duncan aimed a camcorder, which is just like him. erage to include advanced new therapies to make State government more effective and more efficient, and to reduce the costs of gov- He’s young, but he’s already old enough to treat diabetic foot ulcers (DFUs). Diabetes af- know to value these moments. fects nearly six million Medicare beneficiaries ernment to taxpayers. So at midcourt in Madison Square Garden, and treatment for people with diabetes makes Craig is currently a member of the Johnston Duncan turned his camera and caught Avery up about one-quarter of the Medicare budg- Community College Foundation Board. Johnson and Gregg Popovich hugging. He etÐwith $1.5 billion per year of that cost ema- captured the celebration of three generations His commitment to the education of young nating from DFUs. The inclusion of such ad- of Robinson men. And then he panned this adults is outstanding. vanced therapies under Medicare would not scene and created something he should stash Craig is dedicated to the Johnston Commu- in a vault. only significantly improve the quality of care Even with so much still awaiting him— for beneficiaries with debilitating lower extrem- nity College Foundation, helping to raise with a Hall of Fame career really just begin- ity wounds but also result in programmatic money in order to provide scholarships for ning—Duncan will someday look back at this savings to Medicare. young adults. tape and wonder how such a special group The Lewin Group study found that treatment Also, he saw a need to help finance young ever came together. with recombinant human growth factor gel re- adults by establishing the James C. Olive Nice guys, finally, finished first. sults in faster and more complete wound heal- San Antonio already knows as much. The Scholarship, named in his father's memory. city waited more than a quarter of a century ing. They estimate that Medicare would save Mr. Olive is a member of the Board of Advi- for a title and, when one arrived, it came un- at least $22 million in the first year alone in re- expectedly, from a 6–8 nadir, with a coach ev- duced DFU-related costs. This potential sav- sors for the Paul A. Johnston Auditorium at Johnston Community College and is also a eryone wanted to impale. Even after a three- ings is in addition to the direct benefit to pa- month march across the country—proving tients of better wound healing and less expo- member of the Johnston County Heritage night after night and in city after city they sure to the risks of some of the more serious Center Committee. were the best—everything stood oddly quiet and expensive complications, such as hos- He is Vice President of Selma Parks and when Latrell Sprewell drove baseline one pitalizations, disability and amputations. Recreational Board, a member of the Clayton last time. A cure for diabetes is within our reach. In Chamber of Commerce, a volunteer with the When Sprewell stumbled, the city felt as Popovich did. ‘‘Kind of stunning,’’ Popovich the meantime, the Federal government must Special Olympics program, a volunteer with said late Friday. ‘‘You wonder if it’s really avail itself of advances in treatment knowl- Johnston County Senior Citizens program, and true. edge. In the private sector, new technologies also serves as a volunteer with the American Duncan can always go to his VCR for have reduced both diabetes specific complica- Cancer Society. verification, and he’ll be somewhere in the tions and overall health care costs. I encour- picture, too. At one point he gave his In 1992, Governor James G. Martin pre- camcorder to Malik Rose. age my colleagues to support this legislation sented Mr. Olive with the ``Long Leaf Pine'' which would apply this knowledge to our Medi- Then he will see a few frames of the Award as an outstanding North Carolinian. league’s best player, as smooth with his feet care program and benefit our Nation's seniors. as he is with his mind. The Knicks were as f Additionally, Mr. Olive has been the leader of the Republican Party in his county, district, made for Duncan as the Lakers were, with TRIBUTE TO CRAIG OLIVE little size to contest him, and his three-bas- and the state. ket spurt to begin the fourth quarter show- Craig is a charter member of the Johnston cased every skill. HON. WALTER B. JONES County Young Republicans and is currently As for the MVP of the 1999 NBA Finals: OF NORTH CAROLINA Vice-Chairman of the Johnston County Repub- Wouldn’t Karl Malone rather have this IN THE HOUSE OF REPRESENTATIVES award than his? lican Party. But the film will drag just about then, as Tuesday, June 29, 1999 In 1997, Mr. Olive was presented the two, bullish defensive teams clawed at each Mr. JONES. Mr. Speaker, I rise today to pay ``James E. Broyhill Award'' and was inducted other. And that’s why the Spurs had a reason special tribute to Mr. Craig Olive, a fellow into the North Carolina GOP Hall of Fame for to be scared. As Sprewell jumped back for North Carolinian who has dedicated his life to his outstanding grassroots service. jumpers—as he felt it—the Knicks looked ca- pable of jumping back to the Alamodome. public service. Craig Olive has made and continues to That’s where other clips will be necessary. Born on February 18, 1965, Craig Olive is make a major contribution in North Carolina Splice in some footage from Salt Lake City the son of Mrs. Pearl T. Olive and the late and the nation. when the Spurs took home court, then from James Clee Olive. Minneapolis, Los Angeles and Portland. He currently resides in Clayton, NC where He has a strong commitment to his family Show how the Spurs closed out everyone on he is a member of the Little Creek Primitive as well as to his fellow citizens. the road, with toughness, with defense. Baptist Church, serving as a Trustee, Clerk, Thank you to Craig Olive for his tireless Why should this one have been any dif- ferent? The Spurs’ defense held the Knicks and Deacon. work to improve the quality of life for all citi- He also serves as a member of the Finance without a point the last three minutes, zens which is no shock as to those who listened to Committee for the Little River Primitive Baptist And for working with his friends and neigh- Popovich’s huddles during that time. ‘‘We Association. are going to win this,’’ he kept saying, ‘‘with At an early age of 11, Craig became in- bors to provide an effective government for the people. our defense.’’ volved in politics by helping to put up signs for They would need one more basket, though, local and statewide candidates. I salute you. which brings Duncan to his final frame. On CONGRESSIONAL RECORD — Extensions of Remarks E1441 the baseline, at his spot, left open again, was of Physicians and Surgeons. He interned at OLD AND NEW MASTERS SHOW- someone who once stood 5-foot-3 in a New Kings County Hospital in Brooklyn, N.Y., and CASED BY A GOLDEN MASTER Orleans high school, who grabbed the only completed his residency at Babies Hospital, scholarship offer he got, who was cut on Columbia Presbyterian Medical Center. Christmas Eve and at his friend’s wedding. HON. JAMES A. BARCIA There is a basketball god, all right: Avery He was the medical director and original OF MICHIGAN Johnson needed only a second to swish the founder of the Make-A-Wish Foundation of IN THE HOUSE OF REPRESENTATIVES New Jersey in the early eighties and was hon- jumper he’s been working on for a decade. Tuesday, June 29, 1999 AJ deserves this ring. Robinson deserves orary trustee of the Ronald McDonald House this ring. Sean Elliott, Mario Elie, Jaren of Long Branch from 1992 to 1998. Through- Mr. BARCIA. Mr. Speaker, one of the spe- Jackson . . . name one who doesn’t. out his career, he has been very active in cialties of life is its diversity and the many They were cast as soft victims, by Malone many community, athletic and public service pleasant surprises it holds. Many people and Charles Barkley and Damon Stoudamire. endeavors. would believe that an individual with a pres- By a lot of people without rings. But they To my friend and neighbor, Dr. Poch, I say tigious doctorate in mechanical engineering rarely showed resentment. who spent seven years as a professor at They were so enjoyable that one New York congratulations on an outstanding career in newspaperman admitted he came to their medicine and a well-deserved reputation as a Wayne State and Michigan State Universities interview sessions this week when he didn’t man of great character and compassion. is a person who could design great works, and have to, just so he could listen to them. f they would be right. But a fair number of peo- They dunked and didn’t beat their chests. ple might not appreciate the fact that someone They didn’t turn on each other when they WORLD TIBET DAY CELEBRATION of such technical creativity is likely to recog- could have. nize other accomplishments of imagination And someday, when Duncan wants to look HON. DONALD M. PAYNE and celebrate them. Albert Scaglione is this back, he will turn on his VCR and remember OF NEW JERSEY admirable man who took a career in com- the time of their lives. Men gathered from IN THE HOUSE OF REPRESENTATIVES Drexel, Navy, American International, bining complexities to design treasures, and Southern and Pomona-Pitzer. Some without Tuesday, June 29, 1999 using his talent to appreciate other gems be- fanfare, all with something to prove. And Mr. PAYNE. Mr. Speaker, the nation of came one of the foremost art dealers in the they won. Tibet is a country with a long history stretching world. During his teaching career, Albert Scaglione f back nearly fifteen hundred years, with a opened Park West Gallery in 1969, in South- unique and irreplaceable cultural and religious IN HONOR OF DR. HERBERT field, Michigan. He started the gallery with his heritage. EDWARD POCH In 1949, the People's Republic of China in- own private collection, and it has now grown vaded Tibet and since that time, over 1.6 mil- to become the largest fine art gallery in North HON. FRANK PALLONE, JR. lion Tibetans have been killed and more than America, offering museum quality exhibitions and sales. He has been joined in his business OF NEW JERSEY 6000 monasteries destroyed. Whereas the by his wife, Mitsie, and now by their children, IN THE HOUSE OF REPRESENTATIVES government of China has committed ``acts of Lisa, Nicky, John and Marc. He and Mitsie Tuesday, June 29, 1999 genocide'' in Tibet, and is currently committing systematic human rights violations in that also enjoy their grandchildren, Michael, Mr. PALLONE. Mr. Speaker, in this day of country, including torture, arbitrary arrest, de- Roman, Matthew and Angelo. Albert Scaglione's world presence has been managed care and health maintenance organi- nial of freedom of religion, denial of free further enhanced with art auctions throughout zations, it is easy to lose sight of the dedi- speech and free press, and coerced steriliza- the United States and Canada, and on 43 of cated individuals in the medical profession tions and abortions. Whereas China seeks to the finest cruise ships, that attract some of the who have devoted their lives to the care of absorb Tibet into China and is conducting eco- world's greatest art collectors. Whether a col- others. nomic development in Tibet contrary to the lector seeks old masters like Picasso, Rem- Tomorrow night, the staff at Monmouth wishes of the Tibetan people. Medical Center will honor just such an indi- The Dalai Lama, temporal and spiritual lead- brandt, or Chagall, or new artists like Peter vidual. Dr. Herbert Edward Poch will be retir- er of Tibet, was forced to flee to northern India Max, Fanch Ledan or Sharie Hatchett ing as director of Newborn Nursery at the hos- in 1959, where he has been living reluctantly Bohlmann, that collector will find it at Park pital. His departure means the loss to Mon- ever since, working to keep alive the culture West Gallery. For a man who is a member of numerous mouth Center of a deeply-caring, personally- and religion of his people along with their national honorary and professional societies, involved and highly-skilled pediatrician. hopes of freedom. Whereas the Dalai Lama who is an active member of The Michigan To the nurses on staff, Dr. Poch is ``a has been trying unceasingly to establish a Parkinson Foundation and the Karamanos grandfatherly figure who watches over us like peaceful dialogue with the Chinese govern- Cancer Institute, and who has won awards a hawk and is never too busy to buy us ment concerning cultural, religious and political from former Michigan Governor James J. lunch.'' on a daily basis, he provides the extra freedoms for the Tibetan people. touches that turn a building of stone and glass The Tibetan people in their cultural, reli- Blanchard, the Michigan Cancer Foundation, and antiseptics into a congenial work place for gious, and political life are now facing the grim and the American Red Cross, life is bound- staff, and a wonderful, state-of-the-art wel- prospect of extinction. less. Using his own unrestrained vision, he come center for new babies and their parents. On July 10th, one week after America's has helped many others see that today's Dr. Poch's professional expertise combined Independence Day, World Tibet Day will be dreams are only a predictor of tomorrow's re- with his warm and engaging manner have held. This event shares in the spirit of freedom alities. made those first fragile days of life and parent- of Independence Day symbolizes, while also Family and friends will be coming together hood easier and safer for thousands of fami- symbolizing the nation of Tibet since at this on July 4th to wish Albert Scaglione a most lies. event many Tibetan communities will honor special and happy 50th birthday. Mr. Speaker, In addition to being an outstanding physi- the birthday of the Dalai Lama (on July 6th). I urge you and all of our colleagues to join me cian and administrator, Dr. Poch is a teacher This day will showcase the variety and beauty in wishing him a most joyous day, and in of medical students and physician assistant of Tibet and affirm basic rights of the Tibetan thanking him for all that he has done to make students in the nursery and the outpatient de- people to religious, cultural and political free- a positive difference in this world. partments. He has shared his knowledge with doms. Further on the weekend of World Tibet f others in many lectures and symposiums. By Day, houses of worship in many parts of the SUPREME COURT DISABILITY virtue of serving as the model for the Mon- worldÐchurches, synagogues, mosques, tem- RULING mouth Medical Center Advertising Campaign ples, gurudwarasÐwill take part in an Inter- and being featured on billboards, bus posters faith Call for Freedom of Worship In Tibet and HON. DOUG BEREUTER and print ads, Dr. Poch is a familiar figure and For Universal Religious Freedom. One of the OF NEBRASKA symbol of the many find medical practitioners overall goals of World Tibet Day is supporting IN THE HOUSE OF REPRESENTATIVES throughout Central Jersey. the Dalai Lama's campaign for peaceful nego- Dr. Poch earned his bachelor's degree from tiations with China, without preconditions, on Tuesday, June 29, 1999 Columbia CollegeÐwhere he was captain of the future of Tibet. Mr. BEREUTER. Mr. Speaker, this Member the Varsity Basketball TeamÐand his medical I would like to help in the celebration of highly commends to his colleagues the fol- degree from the Columbia University College World Tibet Day on July 10, 1999. lowing editorial, ``Court Ruling on Disability E1442 CONGRESSIONAL RECORD — Extensions of Remarks June 29, 1999 Makes Sense,'' which appeared in the Friday, the Battle of the Bulge. After over half of his ute to one of Connecticut's finest school ad- June 25, 1999, edition of the Lincoln Journal company was killed, Sgt. Strikwerda helped ministrators and community activists. People Star. repel advancing German infantry from a tree like Carl Balestracci are what make commu- COURT RULING ON DISABILITY MAKES SENSE ridge despite being ravaged by frostbite and nities strong. From his important work edu- The U.S. Supreme Court decided this week dysentery. cating the young people of Guilford for the that there is no requirement under the During an ensuing Allied retreat, Sgt. past 32 years to his community involvement in Americans With Disabilities Act that more Strikwerda witnessed extraordinary acts of many other settings, he has dedicated his life than half the nation’s population be classi- bravery by fellow soldiers that left an indelible to the people of Guilford. fied as disabled. imprint on his memory. Over 50 years later, I often speak of our nation's need for tal- That’s a victory for common sense. these experiences drove Sgt. Strikwerda to ented, creative, enthusiastic teachers who are Ruling in four cases at once, the court con- mount a vigorous campaign to see that his fel- ready to help our children learn and grow. My cluded that Congress did not intend to have low soldiers were properly honored for their good friend Carl is just that kind of educator. individuals who wear glasses, or people who remarkable acts of courage. Through his self- have high blood pressure, given the same Throughout his career, he has touched the protections under the ADA as people who less sacrifice, Sgt. Strikwerda represents the lives of thousands of children from elementary have disabilities such as blindness or para- best in human achievement. school to high school. Carl began as a special plegia. Mr. Speaker, it is an honor to acknowledge education teacher in New HavenÐworking If Congress had intended to include those Sgt. Strikwerda, a true American patriot. I with some of our community's most vulnerable individuals, the court said, it would have es- would like to thank him for his remarkable children. He has been leading the fine Guilford timated the number of people covered by the bravery when defending our nation and devo- schools for nearly two decades, and the most law at more than 160 million, instead of 43 tion to his fellow soldiers. important testament to his talent is the capa- million. f In one case considered by the court, United bility of the intelligent young people that have emerged from these schools. Airlines refused to hire two nearsighted sis- STATEMENT OF CONCERN OVER Public education is the cornerstone of the ters. Without glasses, their eyesight was KASHMIR CONFLICT worse than the 20/100 required by the airline. American dream, leveling the playing field and In another case a truck driver who could see providing every child with the opportunity to out of only one eye was dismissed from that HON. DAVE WELDON make the most of his or her talents. It is tal- job. In the third case, a truck driver was dis- OF FLORIDA ented professionals like Carl who truly shape missed because of high blood pressure. IN THE HOUSE OF REPRESENTATIVES the leaders of tomorrow. He is dedicated to Creating physical criteria for a job, the court noted, does not violate the ADA. ‘‘An Tuesday, June 29, 1999 the positive development of not only our chil- employer is free to decide that physical Mr. WELDON of Florida. Mr. Speaker, I rise dren's intellect, but their character develop- characteristics or medical conditions that do today to draw attention to the Members of ment as well. As a participant in the Assets not rise to the level of an impairment—such Congress the increasing tension in the Kash- Program along with leaders from the Guilford as one’s height, build or singing voice—are mir region, between India and Pakistan. Sev- Police, local clergy, and other educators, he preferable to others,’’ wrote Justice Sandra eral weeks ago several hundred armed has led a community wide effort to foster O’Connor in the majority opinion. And who strong values and character in our youth. wouldn’t prefer to have pilots who can see Afghani and Mujahideen infiltrators, backed by Pakistan, crossed the line-of-control (LOC) As a lifelong resident of Guilford, Carl is even if they lose their contacts or break deeply involved in the life of our community. their glasses? into the Kargila and Drass regions of Kashmir, The ADA has had a tremendous and largely India. His active participation in the Democratic positive effect on society. It made life more Mr. Speaker, this invasion runs counter to Town Committee, the Police Commission, and fair for citizens with disabilities by making the Lahore Declaration, which is aimed at de- the Fife and Drum Corps have made him so public buildings accessible by wheelchair and veloping peaceful relations and cooperation visible and highly-regarded that I am sure protecting them from unnecessary discrimi- between India and Pakistan. The agreement, many would agree that Carl Balestracci is truly nation in employment. a Guilford institution. Advocates for the disabled profess to be signed last February, reiterates the commit- ment of both India and Pakistan to solve their Today, as Carl celebrates his retirement, I outraged by the ruling. Georgetown Univer- would like to express my deepest thanks and sity law professor Chai Feldblum, who helped differences and oppose terrorism in the region. draft the language of the ADA, even con- It is particularly disturbing to me that the appreciation for his tireless efforts for the town tends that Congress did intend to cover cor- government of Pakistan appears to have pro- of Guilford. He is a community leader who is rectable impairments like those remedied by vided the armed infiltrators into Kashmir with second to none, and his talent and commit- spectacles and medication. support, both military and financial. This is ment have truly left our community a better Those advocates, however, would stretch deeply troubling in view of efforts to secure place. It is with great pride that I join friends the ADA beyond the limit of common sense peace in the region. and family to wish Carl many more years of and open employers to a broad new field of health and happiness. litigation. They would trivialize the original This aggression against India should be un- f purposes of the law, and give nearly every done so that stability can be restored. The in- employee the right to demand changes in the filtrators should immediately withdraw and A TRIBUTE TO VINCENT BERGAMO way an employer assigns and structures jobs. Pakistan should respect the LoC and reaffirm The Supreme Court ruling is a welcome and adhere to the commitments made in the clarification of an ambiguous law. It closes Lahore Declaration. I encourage both coun- HON. BENJAMIN A. GILMAN the door on a potential new flood of lawsuits, tries to pursue a diplomatic solution and re- OF NEW YORK and preserves the ADA for those who need its frain from action which might escalate the IN THE HOUSE OF REPRESENTATIVES protection the most. fighting even more. I call on the Administration Tuesday, June 29, 1999 f and my colleagues in Congress to fully sup- Mr. GILMAN. Mr. Speaker, I rise today to in- port an immediate withdrawal from India. India TRIBUTE TO SERGEANT DERK vite our colleagues to join me in honoring Vin- and Pakistan should be taking positive steps STRIKWERDA cent Bergamo, a great American who has toward resolving the crisis in Kashmir, and re- spent his life promoting and upholding the sume substantive bilateral talks. principles of fairness and opportunity in the HON. RON PACKARD f OF CALIFORNIA sport of harness racing. IN THE HOUSE OF REPRESENTATIVES HONORING CARL A. BALESTRACCI, Judge Bergamo is to be honored in Goshen, JR., ON THE OCCASION OF HIS N.Y. on July 4th at the Harness Hall of Fame Tuesday, June 29, 1999 RETIREMENT Dinner, where he is to receive the coveted Mr. PACKARD. Mr. Speaker, I would like to Proximity Award for long and outstanding pay tribute to Sergeant Derk Strikwerda, a dis- HON. ROSA L. DeLAURO service to the sport of harness racing. The tinguished veteran of World War II and the Ko- OF CONNECTICUT award, in itself, is a microcosm of the splendid rean War. Sgt. Strikwerda has distinguished career that has defined Vincent's life. Begin- IN THE HOUSE OF REPRESENTATIVES himself for his valor and dedication to others. ning in 1958 at our Monticello Raceway, Vin- In 1943, Sgt. Strikwerda joined C Company Tuesday, June 29, 1999 cent has always been a part of the harness of the 513th Parachute Infantry Regiment Ms. DELAURO. Mr. Speaker, it is with great racing family. His love and admiration for the where he was immediately put into combat at pleasure that I rise today to join in paying trib- sport, first gained as a youngster when he CONGRESSIONAL RECORD — Extensions of Remarks E1443 worked as a stable boy for the distinguished Lifetime Award, the 1992 President's Medal of One need not look any further than his ef- Harriman family of New York, has been con- Harness Racing, the 1993 Elected Trustee of forts toward the Goshen Historic Track to ap- sistently at a level above and beyond his col- the Harness Racing Hall of Fame and Mu- preciate all that Vincent has done. The oldest leagues, and helps to explain much of his ac- seum, and the 1994 William Houghton Memo- existing sporting site in the entire United colades during his 40-year tenure. rial Award. Additionally, in 1986, Vincent was States, Goshen Historic Track was doomed for A prominent leader from my Congressional recognized for his 25 years of service to the closure when the Harriman family renounced district, Vincent was a Presiding Judge at The Goshen Historic Track with ``Bergamo Day''. their ownership of the land many years ago. Goshen Historic Track for forty years until his He has been a longtime member of USHWA However, due to the dedicated work of Vince retirement over a year ago. He truly was a and was the founder of the C.K.G. Billings Se- on a purely voluntary level, he managed to pioneer in the harness racing industry and in- ries in 1971. Vincent has even served as a have the Goshen Track designated as an His- strumental to the Goshen community in pre- teacher for many years, giving back to the toric Site in the National Register, and thereby serving tradition. Thirty-seven years ago, at a community in which he was raised. preserved it for years to come under the time when harness racing had hit a lull in in- Still, no matter the heights to which Vincent Board of Directors' supervision. Today, the terest, he instituted matinee racing at the His- has soared, his dignity, honesty, and responsi- Goshen Historic Track operates as a non-prof- toric Track in an effort to provide young bility remain at the core of his very essence. it organization that hosts non-pari-mutuel har- horses and amateur drivers the opportunity to Always putting forth his best of efforts while ness racing seven days each year while serv- gain worthwhile experience. His idea, practical being unwaveringly fair in his decisions, Vin- ing as a training facility year round. The and yet so perceptive in principle, became the cent epitomizes the benefits of virtuosity. Track's altruistic roots run so deep that wager- blueprint for hundreds of other harness tracks Wherever he has traveled and devoted himself ing and gambling are explicitly forbidden at across the country. With his help, harness rac- as presiding judge, integrity abound. races. One cannot help to think this motto of For many years, I have had the pleasure of ing has undergone a revival in public interest, ``sport for sport's sake'' emanates directly from an interest that can be directly tied to Judge knowing Vince as a friend, a man whose char- the legend of Vincent Bergamo and his posi- Bergamo's vision of days past. acter I respect as much as his career. In every tive influence on the sport. Vincent's success in harness racing came area of life to which Vincent has given his time early and often, where at the age of 23 at the and effort, be it his wife, his children or the Ralph Waldo Emerson once said: ``Nature Saratoga Harness Racing Track, he became track, his imprint of genuine love and honesty never rhymes her children, nor makes two the youngest Presiding Judge in the history of remains like a badge of honor. Vince was men alike.'' Vincent Bergamo's lifelong accom- the establishment. He has gone on to serve never the man to shy from his convictions. His plishments attest to that premise. This man's as presiding judge at every track in New York directness and openness allows for not just outstanding character is so unique and special State, including tracks in the states of Florida, quality officiating, but for better relationships. that it is hard to imagine there being another Maryland, New Hampshire, and Pennsylvania. He is a family man who has raised 10 chil- like him. I know that my colleagues will want Accordingly, Vincent has been the recipient of dren, in each of whom Vince has instilled that to join me in saluting a remarkable person in numerous, well deserved harness racing same drive and work ethic. His wife, Marsha, Vincent Bergamo at the twilight of his illus- awards, including: the United States Harness and his late mother, Daisy, have been his sup- trious career. A man who has given so much Writers Association (USHWA) Distinguished port, providing strength and love when needed to others, Vincent deserves our recognition Service Award, the 1991 National Amateur in his busy life. and commendations Tuesday, June 29, 1999 Daily Digest Senate 1 p.m., on Monday, July 12, 1999, with a vote to Chamber Action occur on final passage on Thursday, July 15, 1999. Routine Proceedings, pages S7757–S7833 Page S7811 Measures Introduced: Seven bills were introduced, Foreign Operations Appropriations—Agreement: as follows: S. 1297–1303. Page S7819 A unanimous-consent agreement was reached pro- Measures Passed: viding for the consideration of S. 1234, making ap- propriations for foreign operations, export financing, National Character Counts Week: Senate agreed and related programs for the fiscal year ending Sep- to S. Res. 98, designating the week beginning Octo- tember 30, 2000, on Wednesday, June 30, 1999. ber 17, 1999, and the week beginning October 15, Page S7833 2000, as ‘‘National Character Counts Week’’. Pages S7799±S7803 Removal of Injunction of Secrecy: The injunction of secrecy was removed from the following treaty: Agriculture Appropriations, FY2000: By unani- Tax Convention with Venezuela (Treaty Doc. mous consent, the following pending amendments to 106–3). S. 1233, making appropriations for Agriculture, The treaty was transmitted to the Senate today, Rural Development, Food and Drug Administration, considered as having been read for the first time, and and Related Agencies programs for the fiscal year referred, with accompanying papers, to the Com- ending September 30, 2000, were withdrawn: mittee on Foreign Relations and was ordered to be Feinstein Amendment No. 737, to prohibit arbi- printed. Page S7833 trary limitations or conditions for the provision of services and to ensure that medical decisions are not Messages From the President: Senate received the made without the best available evidence or informa- following messages from the President of the United tion. Page S7812 States: Lott Amendment No. 1103 (to Amendment No. Transmitting the report on the national emer- 737), to improve the access and choice of patients to gencies with respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) and Kosovo; re- quality, affordable health care. Page S7812 ferred to the Committee on Banking, Housing, and Budget Process Reform: Senate began consider- Urban Affairs. (PM–43). Page S7817 ation of the motion to proceed to the consideration Transmitting the annual report of the Corporation of S. 557, to provide guidance for the designation of for Public Broadcasting for Fiscal Year 1998; re- emergencies as a part of the budget process. ferred to the Committee on Commerce, Science, and Pages S7832±33 Transportation. (PM–44). Pages S7817±18 A motion was entered to close further debate on the motion to proceed to the consideration of the Messages From the President: Pages S7817±18 bill and, in accordance with the provisions of Rule Communications: Page S7818 XXII of the Standing Rules of the Senate, a vote on Petitions: Pages S7818±19 the cloture motion will occur on Thursday, July 1, Statements on Introduced Bills: Pages S7819±27 1999. Page S7832 Subsequently, the motion to proceed was with- Additional Cosponsors: Pages S7827±28 drawn. Page S7833 Authority for Committees: Pages S7828±29 Patients’ Bill of Rights Agreement: A unanimous- Additional Statements: Pages S7829±32 consent time agreement was reached providing for Adjournment: Senate convened at 10:30 a.m., and the consideration of the proposed Patients’ Bill of adjourned at 6:30 p.m., until 9:30 a.m. on Wednes- Rights and amendments to be proposed thereto, at day, June 30, 1999. (For Senate’s program, see the D742 June 29, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D743 remarks of the Acting Majority Leader in today’s Nebraska Governor Mike Johanns, Lincoln, on behalf Record on page S7833.) of the Governors’ Public Power Alliance. Hearings continue on Thursday, July 15.

Committee Meetings WILDLAND FIRE PREPAREDNESS (Committees not listed did not meet) Committee on Energy and Natural Resources: Sub- committee on Forests and Public Land Management PUBLIC SAFETY SCIENCE AND concluded oversight hearings on the federal govern- TECHNOLOGY ment’s state of preparedness for this year’s wildland Committee on Commerce, Science, and Transportation: Sub- fire season, including fire fighting budgets, avail- committee on Science, Technology, and Space con- ability and retention of trained fire fighters, and co- cluded hearings on proposed legislation authorizing operative programs outside the federal government funds for the National Oceanic and Atmospheric Ad- to enhance fire suppression capabilities, after receiv- ministration, United States Fire Administration, and ing testimony from Les Rosenkrance, Director, and the National Earthquake Hazards Reduction Pro- Dennis Pendleton, Assistant Director, both of the gram, after receiving testimony from D. James Office of Fire and Aviation, Ron Dunton, Fire Pro- Baker, Under Secretary for Oceans and Atmosphere, gram Manager, all of the Bureau of Land Manage- and Administrator, National Oceanic and Atmos- ment, and Arch Wells, Chief Forester, Bureau of In- pheric Administration, and Raymond G. Kammer, dian Affairs, all of the Department of the Interior; Director, National Institute of Standards and Tech- Larry Payne, Assistant Deputy Chief for State and nology, both of the Department of Commerce; Mi- Private Forestry, Forest Service, Department of Agri- chael J. Armstrong, U. S. Associate Director for culture; and Ron Burnham, Fire Chief, Red River, Mitigation, and Richard A. Marinucci, Acting Chief New Mexico; and Toby Martinez, Santa Fe, New Operating Officer, Fire Administration, both of the Mexico. Federal Emergency Management Agency; P. Patrick Leahy, Chief Geologist, U. S. Geological Survey, De- BUSINESS MEETING partment of the Interior; and Eugene Wong, Assist- ant Director for Engineering, National Science Foun- Committee on Environment and Public Works: Com- dation. mittee ordered favorably reported the following busi- ness items: ELECTRIC UTILITY DEREGULATION S. 1100, to amend the Endangered Species Act of Committee on Energy and Natural Resources: Committee 1973 to provide that the designation of critical habi- held hearings on S. 161, to provide for a transition tat for endangered and threatened species be required to market-based rates for power sold by the Federal as part of the development of recovery plans for Power Marketing Administrations and the Tennessee those species, with an amendment in the nature of Valley Authority, S. 282, to provide that no electric a substitute; utility shall be required to enter into a new contract An original resolution authorizing expenditures by or obligation to purchase or to sell electricity or ca- the Committee on Environment and Public Works; pacity under section 210 of the Public Utility Regu- and latory Policies Act of 1978, S. 516, to benefit con- The nomination of Timothy Fields, Jr., of Vir- sumers by promoting competition in the electric ginia, to be Assistant Administrator, Office of Solid power industry, S. 1047, to provide for a more com- Waste, Environmental Protection Agency. petitive electric power industry, S. 1273, to amend the Federal Power Act, to facilitate the transition to NOMINATIONS more competitive and efficient electric power mar- Committee on Finance: Committee concluded hearings kets, and S. 1284, to amend the Federal Power Act on the nominations of Stuart E. Eizenstat, of Mary- to ensure that no State may establish, maintain, or enforce on behalf of any electric utility an exclusive land, to be Deputy Secretary of the Treasury, Jeffrey right to sell electric energy or otherwise unduly dis- Rush, Jr., of Virginia, to be Inspector General, De- criminate against any consumer who seeks to pur- partment of the Treasury, and Lewis Andrew Sachs, chase electric energy in interstate commerce from of Connecticut, to be Assistant Secretary of the any supplier, receiving testimony from Senator Schu- Treasury for Financial Markets, after the nominees mer; Bill Richardson, Secretary, and James J. testified and answered questions in their own behalf. Hoecker, Chairman, Federal Energy Regulatory Mr. Eizenstat was introduced by Senators Sarbanes Commission, both of the Department of Energy; and and Coverdell. D744 CONGRESSIONAL RECORD — DAILY DIGEST June 29, 1999 ELEMENTARY AND SECONDARY nedy Center for the Performing Arts, both of Wash- EDUCATION ACT ington, D.C.; Tom Durante, Arlington County Pub- Committee on Health, Education, Labor, and Pensions: lic Schools, Arlington, Virginia; Benjamin O. Can- Committee resumed hearings on proposed legislation ada, Portland Public Schools, Portland, Oregon, on authorizing funds for programs of the Elementary behalf of the Americans for the Arts; Danielle Rice, and Secondary Education Act, focusing on arts edu- Philadelphia Museum of Art, Philadelphia, Pennsyl- cation and magnet schools, receiving testimony from vania; and Sandra B. Burks, Roanoke City Public John Sykes, VH1, New York, New York; John D. Schools, Roanoke, Virginia. Kemp, VSA arts, and Derek Gordon, John F. Ken- Hearings continue tomorrow. h House of Representatives age relating to the failure of any device or system Chamber Action to process or otherwise deal with the transition from Bills Introduced: 21 public bills, H.R. 2367–2387; the year 1999 to the year 2000, and for other pur- 1 private bill, H.R. 2388; and 8 resolutions, H. poses (H. Rept. 106–212). Pages H5066±73, H5090±91 Con. Res. 144–147, and H. Res. 226–229, were in- Recess: The House recessed at 1:10 p.m. and recon- troduced. Pages H5091±92 vened at 2:00 p.m. Page H4999 Reports Filed: Reports were filed today as follows: H.J. Res. 34, congratulating and commending the Suspensions: The House agreed to suspend the rules Veterans of Foreign Wars (H. Rept. 106–205); and pass the following measures: H.R. 1568, to provide technical, financial, and 100th Anniversary of the Veterans of Foreign procurement assistance to veteran owned small busi- Wars: H.J. Res. 34, congratulating and com- nesses, amended (H. Rept. 106–206 Part 1); mending the Veterans of Foreign Wars; H.R. 562, to approve and ratify certain transfers Pages H5014±16 of land and natural resources by or on behalf of the Veterans Entrepreneurship and Small Business Delaware Nation of Indians, amended (H. Rept. Development Act: H.R. 1568, amended, to provide 106–207); technical, financial, and procurement assistance to H. Res. 230, providing for the consideration of veteran owned small businesses; Pages H5016±26 H.R. 66, to preserve the cultural resources of the Route 66 corridor and to authorize the Secretary of Prohibiting States From Imposing Discrimina- the Interior to provide assistance (H. Rept. tory Commuter Taxes on Nonresidents: H.R. 2014, 106–208); to prohibit a State from imposing a discriminatory H. Res. 231, providing for the consideration of commuter tax on nonresidents; Pages H5026±30 H.R. 592, to redesignate Great Kills Park in the Maurine B. Neuberger United States Post Of- Gateway National Recreation Area as ‘‘World War fice: H.R. 1327, to designate the United States II Veterans Park at Great Kills (H. Rept. 106–209); Postal Service building located at 34480 Highway H. Res. 232, providing for the consideration of 101 South in Cloverdale, Oregon, as the ‘‘Maurine H.R. 791, to amend the National Trails System Act B. Neuberger United States Post Office’’; to designate the route of the War of 1812 British Pages H5036±38 invasion of Maryland and Washington, District of Columbia, and the route of the American defense, Veterans Benefits Improvement Act: H.R. 2280, for study for potential addition to the national trails amended, to amend title 38, United States Code, to system (H. Rept. 106–210); provide a cost-of-living adjustment in rates of com- H. Res. 233, providing for the consideration of pensation paid for service-connected disabilities, to H.R. 1218, to amend title 18, United States Code, enhance the compensation, memorial affairs, and to prohibit taking minors across State lines in cir- housing programs of the Department of Veterans Af- cumvention of laws requiring the involvement of fairs, and to improve retirement authorities applica- parents in abortion decisions (H. Rept. 106–211); ble to judges of the United States Court of Appeals and for Veterans Claims (passed by a yea and nay vote Conference report on H.R. 775. A bill to establish of 424 yeas with none voting ‘‘nay’’, Roll No. 257); certain procedures for civil actions brought for dam- and Pages H5002±14, H5044±45 June 29, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D745 Condemning Arson at Synagogues in Sac- SOCIAL SECURITY REFORM PLANS ramento, California: H. Res. 226, expressing the Committee on the Budget: Social Security Task Force sense of the House of Representatives condemning held a hearing on Review of Social Security Reform the acts of arson at three Sacramento, California, area Plans. Testimony was heard from Senators Gregg synagogues on June 18, 1999, and affirming its op- and Breaux; Representatives Archer, Shaw, Kolbe, position to such crimes (agreed to by a yea and nay Stenholm, Smith of Michigan, Sanford, DeFazio, vote of 425 yeas with none voting ‘‘nay’’ and one Nadler, Bartlett of Maryland and Markey. voting ‘‘present’’, Roll No. 258). Pages H5030±36, H5045±46 DOE NUCLEAR FACILITIES—WORKER Suspension Failed—Urging Days of Prayer: The SAFETY House failed to suspend the rules and agree to H. Committee on Commerce: Subcommittee on Oversight Con. Res. 94, recognizing the public need for rec- and Investigations held a hearing on Worker Safety onciliation and healing, urging the United States to at DOE Nuclear Facilities. Testimony was heard unite in seeking God, and recommending that the from the following officials of the Department of Nation’s leaders call for days of prayer by a yea and Energy: David M. Michaels, Assistant Secretary, En- nay vote of 275 yeas to 140 nays with 11 voting vironment, Safety, and Health; and R. Keith Chris- ‘‘present’’ and two-thirds required for passage. topher, Director, Office of Enforcement and Inves- Pages H5038±44, H5046 tigations; the following officials of the GAO: Gary Presidential Messages: Read the following mes- I. Jones, Associate Director, Energy, Resources, and sages from the President: Science Issues; and William R. Swick, Assistant Di- rector, Seattle Field Office; and public witnesses. Chemical Weapons Convention Implementation: Message wherein he transmitted the notification of MUHAMMAD ALI BOXING REFORM ACT his action to amend Executive Order 12938 which Committee on Commerce: Subcommittee on Tele- implements the Chemical Weapons Convention Im- communications, Trade, and Consumer Protection plementation Act of 1998—referred to the Com- held a hearing on H.R. 1832, Muhammad Ali Box- mittee on International Relations and ordered print- ing Reform Act. Testimony was heard from public ed (H. Doc. 106–86); Page H5002 witnesses. National Emergency Re Yugoslavia and Kosovo: ENHANCING RETIREMENT SECURITY Message wherein he transmitted his report con- cerning the national emergency with respect to Committee on Education and the Workforce, Sub- Yugoslavia and Kosovo—referred to the Committee committee on Employer-Employee Relations, hearing on International Relations and ordered printed (H. on Enhancing Retirement Security, including discus- Doc. 106–87); and Page H5047 sion of H.R. 1102, Comprehensive Retirement Secu- rity and Pension Reform Act. Testimony was heard Corporation for Public Broadcasting: Message from Representatives Portman and Cardin. wherein he transmitted the fiscal year 1998 annual report for the Corporation for Public Broadcasting DEFENSE OFFSETS and the inventory of the Federal Funds Distributed Committee on Government Reform: Subcommittee on to Public Telecommunications Entities by Federal Criminal Justice, Drug Policy, and Human Re- Departments and Agencies for the same year—re- sources held a hearing on ‘‘Defense Offsets: Are They ferred to the Committee on Commerce. Page H5047 Taking Away Our Jobs?’’ Testimony was heard from Quorum Calls—Votes: Three yea and nay votes de- Senator Feingold; Roger Majak, Assistant Secretary, veloped during the proceedings of the House today Export Administration, Department of Commerce; and appear on pages H5044–45, H5045–46, and Alfred Volkman, Acting Deputy Under Secretary, H5046. There were no quorum calls. Commercial and International Programs, Department Adjournment: The House met at 12:30 p.m. and of Defense; and public witnesses. adjourned at 12 midnight. GOVERNMENT WASTE CORRECTIONS ACT Committee on Government Reform: Subcommittee on Committee Meetings Government Management, Information, and Tech- nology held a hearing on H.R. 1827, Government INTERIOR APPROPRIATIONS Waste Corrections Act of 1999. Testimony was a Committee on Appropriations, Subcommittee on Interior heard from David Walker, Comptroller General, approved for full Committee action the Interior ap- GAO; Deidre Lee, Acting Director, Management, propriations for fiscal year 2000. OMB; the following officials of the Department of D746 CONGRESSIONAL RECORD — DAILY DIGEST June 29, 1999 Defense: George H. Allen, Deputy Commander, De- OVERSIGHT—MARINE MAMMAL fense Supply Center, Philadelphia; and Gerald R. Pe- PROTECTION ACT terson, Chief, Accounts Payable Division, Army Air Committee on Resources: Subcommittee on Fisheries Force Exchange Service; Michelle Snyder, Director, Conservation, and Wildlife and Oceans held an over- Financial Management Office, and Chief Financial sight hearing on the Marine Mammal Protection Officer, Health Care Financing Administration, De- Act. Testimony was heard from Pennelope Dalton, partment of Health and Human Services; and public Assistant Administrator, Fisheries, National Marine witnesses. Fisheries Service, Department of Commerce; Marshall Jones, Acting Deputy Director, U.S. Fish and Wild- CAMPAIGN REFORM life Service, Department of the Interior; Ron Committee on House Administration: Continued hearings DeHaven, Deputy Administrator, Animal Care, Ani- on Campaign Reform. Testimony was heard from mal and Plant Health Inspection Service, USDA; and Representatives Gillmor, Hutchinson, Regula, Shays, John E. Reynolds, Chairman, Marine Mammal Com- Mink of Hawaii, Andrews, and Tanner. mission.

Y2K, CUSTOMS FLOWS AND GLOBAL OVERSIGHT—GAO REPORT TRADE Committee on Resources: Subcommittee on Forests and Committee on International Relations, Subcommittee on Forest Health held an oversight hearing on a GAO International Economic Policy and Trade held a Report entitled: ‘‘A Cohesive Strategy is Needed to hearing on ‘‘Y2K, Customs Flows and Global Trade: Address Catastrophic Wildlife Threats.’’ Testimony Are We Prepared to Meet the Challenges of the was heard from Barry Hill, Associate Director, Re- New Millennium?’’ Testimony was heard from John sources, Community, and Economic Development McPhee, Director, Office of Computers and Business Division, GAO; and Janice McDougle, Deputy Equipment and Trade Development, International Chief, State and Private Forestry, Forest Service, Trade Administration, Department of Commerce; S. USDA. W. Hall, Jr., Assistant Commissioner and Chief In- formation Officer, U.S. Customs Service, Department OVERSIGHT—PARK VISITORS—HEATH of the Treasury; Jack L. Brock, Director, Govern- RISKS mentwide and Defense Information Systems, GAO; Committee on Resources: Subcommittee on National and a public witness. Parks and Public Lands held an oversight hearing on Dealing with Occurrence of the Hantavirus Disease U.S POLICY TOWARD VICTIMS OF and associated health risks to Park Visitors on the TORTURE Channel Islands National Park in California. Testi- mony was heard from Maureen Finnerty, Associate Committee on International Relations: Subcommittee on Director, National Park Service, Department of the International Operations and Human Rights held a Interior; James N. Mills, Chief, Medical Ecology hearing on U.S. Policy Toward Victims of Torture. Unit, Special Pathogens Branch, National Center for Testimony was heard from Leslie Gerson, Deputy Infectious Diseases, Centers for Disease Control and Assistant Secretary, Bureau of Democracy, Human Prevention, Department of Health and Human Serv- Rights and Labor, Department of State; Lavinia ices; Vicki Kramer, Chief, Vector-Borne Disease Sec- Limon, Director, Office of Refugee Resettlement, tion, Department of Health Services, State of Cali- Department of Health and Human Services; Ann fornia; and a public witness. Van Dusen, Deputy Assistant Administrator, Bureau for Policy and Program Coordination, AID, U.S. CHILD CUSTODY PROTECTION ACT International Development Cooperation Agency; Bo Committee on Rules: The Committee granted, by voice Cooper, Acting General Counsel, Immigration and vote, a closed rule providing for consideration in the Naturalization Service, Department of Justice; and House of H.R. 1218, Child Custody Protection Act, public witnesses. with 2 hours of debate equally divided and con- trolled by the chairman and ranking minority mem- REGULATORY FAIR WARNING ACT ber of the Committee on the Judiciary. The rule Committee on the Judiciary, Subcommittee on Com- waives all points of order against consideration of the mercial and Administrative Law held a hearing on bill. Finally, the rule provides one motion to recom- H.R. 881, Regulatory Fair Warning Act of 1999. mit. Testimony was heard from Representatives Can- Testimony was heard from public witnesses. ady of Florida and Watt of North Carolina. June 29, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D747 ROUTE 66 CORRIDOR The rule authorizes the Chair to accord priority in Committee on Rules: Granted, by voice vote, an open recognition to Members who have pre-printed their rule providing 1 hour of debate on H.R. 66, to pre- amendments in the Congressional Record. The serve the cultural resources of the Route 66 corridor Chairman of the Committee of the Whole may post- and to authorize the Secretary of the Interior to pro- pone votes during consideration of the bill, and re- vide assistance. duce voting time to five minutes on a postponed The rule makes in order the Committee on Re- question if the vote follows a fifteen minute vote. Fi- sources amendment in the nature of a substitute as nally, the rule provides for one motion to recommit, an original bill for the purpose of amendment, which with or without instructions. Testimony was heard shall be open to amendment by section. from Representatives Hansen and Fossella. The rule authorizes the Chair to accord priority in recognition to Members who have pre-printed their RUDMAN REPORT—DOE SECURITY amendments in the Congressional Record. The PROBLEMS Chairman of the Committee of the Whole may post- Committee on Science: Held a hearing on the Rudman pone votes during consideration of the bill, and re- Report on Security Problems at the Department of duce voting time to five minutes on a postponed Energy. Testimony was heard from Warren B. Rud- question if the vote follows a fifteen minute vote. Fi- nally, the rule provides for one motion to recommit, man, Chairman, President’s Foreign Intelligence Ad- with or without instructions. Testimony was heard visory Board. from Representative Hansen. RANGE MODERNIZATION STAR-SPANGLED BANNER HISTORIC TRAIL Committee on Science: Subcommittee on Space and Aer- STUDY ACT onautics, the Subcommittee on Military Procurement Committee on Rules: Granted, by voice vote, an open and the Subcommittee on Military Research and De- rule providing 1 hour of debate on H.R. 791, Star- velopment of the Committee on Armed Services held Spangled Banner National Historic Trail Study Act a joint hearing on Range Modernization, Part II. of 1999. Testimony was heard from the following officials of The rule makes in order the Committee on Re- the Department of Defense: Lt. Gen. Richard C. sources amendment in the nature of a substitute as Henry, USAF (Ret.), Chairman, Range Integrated an original bill for purpose of amendment, which Product Team, Air Force Space Command; and John shall be open for amendment at any point. M. Borky, Vice Chairman, Air Force Scientific Advi- The rule authorizes the Chair to accord priority in sory Board; and public witnesses. recognition to Members who have pre-printed their amendments in the Congressional Record. The Chairman of the Committee of the Whole may post- OVERSIGHT pone votes during consideration of the bill, and re- Committee on Transportation and Infrastructure: Sub- duce voting time to five minutes on a postponed committee on Coast Guard and Maritime Transpor- question if the vote follows a fifteen minute vote. Fi- tation held an oversight hearing on the requirement nally, the rule provides for one motion to recommit, for Double Hulls under the Oil Pollution Act of with or without instructions. Testimony was heard 1990. Testimony was heard from Representative from Representative Hansen. Frelinghuysen; Rear Adm. Robert C. North, USCG, WORLD WAR II VETERANS PARK AT Assistant Commandant, Marine Safety, U.S Coast GREAT KILLS Guard, Department of Transportation; and public witnesses. Committee on Rules: Granted, by voice vote, an open rule providing 1 hour of debate on H.R. 592, to Re- REDUCING NONMARITAL BIRTHS designate Great Kills Park in the Gateway National Recreation Area as ‘‘World War II Veterans Park at Committee on Ways and Means: Subcommittee on Great Kills’’. Human Resources held a hearing on Reducing Non- The rule makes in order the Committee on Re- marital Births. Testimony was heard from Stephanie sources amendment in the nature of a substitute as J. Ventura, Senior Researcher, National Center for an original bill for purpose of amendment, which Health Statistics, Centers for Disease Control and shall be open for amendment at any point. The rule Prevention, Department of Health and Human Serv- waives clause 7 of rule XVI (prohibiting nongermane ices; Edward Tetelman, Assistant Commissioner, De- amendments) against the amendment in the nature partment of Human Services, State of New Jersey; of a substitute. and public witnesses. D748 CONGRESSIONAL RECORD — DAILY DIGEST June 29, 1999 COMMITTEE MEETINGS FOR Committee on the Budget, hearing on Unnecessary Busi- WEDNESDAY, JUNE 30, 1999 ness Subsidies, 10 a.m., 210 Cannon. Committee on Commerce, Subcommittee on Finance and (Committee meetings are open unless otherwise indicated) Hazardous Materials, hearing on H.R. 1858, Consumer and Investor Access to Information Act of 1999, 10 a.m., Senate 2322 Rayburn. Special Committee on Aging: to hold hearings to examine Subcommittee on Telecommunications, Trade, and the Health Care Financing Administration’s implementa- Consumer Protection, hearing on the Corporation for tion of their nursing home improvement initiative, 10 Public Broadcasting Authorization Act of 1999, 10 a.m., a.m., SH–216. 2123 Rayburn. Committee on Appropriations: Subcommittee on Labor, Committee on Education and the Workforce, to mark up the Health and Human Services, and Education, to hold hear- following: H.R. 1995, Teacher Empowerment Act; and ings on issues relating to gambling addiction, 9:30 a.m., other pending business, 10:30 a.m., 2175 Rayburn. SD–192. Subcommittee on Oversight and Investigations, hearing Committee on Commerce, Science, and Transportation: Sub- on Lessons Learned from the Teamster Local 500 Trustee- committee on Oceans and Fisheries, to hold hearings to ship, 2:30 p.m., 2175 Rayburn. examine coral reef and marine sanctuary issues, 2:30 p.m., Committee on Government Reform, Subcommittee on Civil SR–253. Service, hearing on Implementing the FEHBP Dem- Committee on Energy and Natural Resources: business onstration Project for Military Retirees: A Good Faith Ef- meeting to consider pending calendar business, 9:30 a.m., fort, or Another Broken Promise, 10 a.m., 2203 Rayburn. SD–366. Subcommittee on National Economic Growth, Natural Subcommittee on Forests and Public Land Manage- Resources and Regulatory Affairs, hearing on H.R. 2245, ment, to hold oversight hearings on the United States Federalism Act of 1999, 10 a.m., 2247 Rayburn. Forest Service Economic Action programs, 2 p.m., Subcommittee on National Security, Veterans Affairs SD–366. and International Relations, oversight hearing to examine Committee on Finance: to hold hearings on S. 646, to the Department of Defense’s sole source procurement of amend the Internal Revenue Code of 1986 to provide in- anthrax vaccine, 10 a.m., 2154 Rayburn. creased retirement savings opportunities; S. 741, to pro- Committee on International Relations, Subcommittee on vide for pension reform; S. 659, to amend the Internal Western Hemisphere to mark up the following measures: Revenue Code of 1986 to require pension plans to pro- H. Res. 57, expressing concern over interference with vide adequate notice to individuals whose future benefit freedom of the press and the independence of judicial and accruals are being significantly reduced; and other related electoral institutions in Peru; H. Res. 181, condemning proposals, 10 a.m., SD–215. the kidnapping and murder by the Revolutionary Armed Committee on Foreign Relations: business meeting to con- Forces of Colombia (FARC) of 3 United States citizens, sider pending calendar business, 10:30 a.m., SD–419. Ingrid Washinawatok, Terence Freitas, and Lah’ena’e Gay; H. Res. 17, concerning the extradition to the United Committee on Health, Education, Labor, and Pensions: to States of Salvadorans; a resolution expressing the sense of resume hearings on proposed legislation authorizing funds the House of Representatives congratulating President for programs of the Elementary and Secondary Education Pastrana and the people of Columbia for moving the Act, focusing on facilities, 9:30 a.m., SD–430. peace process forward and calling on the government and Committee on Indian Affairs: to hold hearings on S.438, all other parties to the current conflict in Colombia to to provide for the settlement of the water rights claims end the guerrilla and paramilitary violence which con- of the Chippewa Cree Tribe of the Rocky Boy’s Reserva- tinues to pose a serious threat to democracy as well as tion; to be followed by a business meeting to consider economic and social stability in Colombia; H.Res. 25, pending calendar business, 10 a.m., SR–485. congratulating the Government of Peru and the Govern- Committee on Rules and Administration: to hold oversight ment of Ecuador for signing a peace agreement ending a hearings on the operations of the Architect of the Capitol, border dispute which has resulted in several military 9:30 a.m., SR–301. clashes over the past 50 years; and H. Con. Res. 140, ex- pressing the sense of the Congress that Haiti should con- House duct free, fair, transparent, and peaceful elections, 11 Committee on Agriculture, to consider the following: H.R. a.m., 2255 Rayburn. 1402, to require the Secretary of Agriculture to imple- Committee on the Judiciary, hearing on the following ment the Class I milk price structure known as Option bills: H.R. 1686, Internet Freedom Act; and H.R. 1685, 1–A as part of the implementation of the final rule to Internet Growth and Development Act of 1999, 10 a.m., consolidate Federal milk marketing orders; and the Bexar- 2141 Rayburn. Medina-Atascosa Counties Water Conservation Plan, 10 Committee on Resources, to continue consideration of H.R. a.m., 1300 Longworth, 1552, Marine Research and Related Environmental Re- Committee on Armed Services, Subcommittee on Military search and Development Programs Authorization of 1999; Procurement, hearing on the performance of the B–2 and to consider the following bills: S. 361, to direct the Bomber in the Kosovo air campaign, 10 a.m., 2118 Ray- Secretary of the Interior to transfer to John R. and Mar- burn. garet J. Lowe of Big Horn County, Wyoming, certain June 29, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D749 land so as to correct an error in the patent issued to their Research and Development Act of 1999; H.R. 1934, Ma- predecessors in interest; S. 449, to direct the Secretary of rine Mammal Rescue Assistance Act of 1999; H.R. 2079, the Interior to transfer to the personal representative of to provide for the conveyance of certain National Forest the estate of Fred Steffens of Big Horn County, Wyo- System lands in the State of South Dakota; and H.R. ming, certain land comprising the Steffens family prop- 2181, to authorize the Secretary of Commerce to acquire erty; H.R. 468, Saint Helena Island National Scenic Area and equip fishery survey vessels, 11 a.m., 1324 Long- Act; H.R. 535, to direct the Secretary of the Interior to worth. make corrections to a map relating to the Coastal Barrier Committee on Rules, to consider H.R. 10, Financial Serv- Resources System; H.R. 695, to direct the Secretary of ices Act of 1999, 2 p.m., H–313 Capitol. Agriculture and the Secretary of the Interior to convey an Committee on Small Business, to consider legislation in- administrative site in San Juan County, New Mexico, to volving the SBA’s 7(a), 504 and SBIR Programs, 10 a.m., San Juan College; H.R. 834, to extend the authorization for the National Historic Preservation Fund; H.R. 1231, 2360 Rayburn. to direct the Secretary of Agriculture to convey certain Committee on Transportation and Infrastructure, Sub- National Forest lands to Elko County, Nevada, for con- committee on Aviation, hearing on Status of Airport Pri- tinued use as a cemetery; H.R. 1444, to authorize the vatization Efforts, 10 a.m., 2167 Rayburn. Secretary of the Army to develop and implement projects Committee on Veterans’ Affairs, Subcommittee on Health, for fish screens, fish passage devices, and other similar hearing on H.R. 2116, Veterans’ Millennium Health Care measures to mitigate adverse impacts associated with irri- Act, 10 a.m., 334 Cannon. gation system water diversions by local governmental en- Committee on Ways and Means, hearing on the Impact tities in the States of Oregon, Washington, Montana, and of U.S. Tax Rules on International Competitiveness, 10 Idaho; H.R. 1487, National Monument NEPA Compli- a.m., 1100 Longworth. ance Act; H.R. 1528, National Geologic Mapping Reau- Permanent Select Committee on Intelligence, executive, brief- thorization Act of 1999; H.R. 1753, Methane Hydrate ing on Kosovo Update, 3 p.m., H–405 Capitol. D750 CONGRESSIONAL RECORD — DAILY DIGEST June 29, 1999

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

Senate Chamber House Chamber Program for Wednesday: Senate will begin consider- Program for Wednesday: Consideration of H.R. 1218, ation of S. 1234, Foreign Operations Appropriations. Child Custody Protection Act (closed rule, two hours of general debate); Consideration of H.R. 66, To Preserve the Cultural Resources of the Route 66 Corridor (open rule, one hour of general debate); Consideration of H.R. 791, Star-Spangled Banner Na- tional Historic Trail Study Act (open rule, one hour of general debate); and Consideration of H.R. 592, To Redesignate Great Kills Park in the Gateway National Recreation Area as ‘‘World War II Veterans Park at Great Kills’’ (open rule, one hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gillmor, Paul E., Ohio, E1433 Nethercutt, George R., Jr., Wash., E1440 Gilman, Benjamin A., N.Y., E1417, E1420, E1424, E1431, Ortiz, Solomon P., Tex., E1423 Barcia, James A., Mich., E1441 E1442 Packard, Ron, Calif., E1442 Bereuter, Doug, Nebr., E1441 Hilleary, Van, Tenn., E1439 Pallone, Frank, Jr., N.J., E1441 Berman, Howard L., Calif., E1432 Hobson, David L., Ohio, E1433 Payne, Donald M., N.J., E1441 Bonilla, Henry, Tex., E1440 Houghton, Amo, N.Y., E1422 Pelosi, Nancy, Calif., E1420 Brown, Sherrod, Ohio, E1436 Hyde, Henry J., Ill., E1426 Rodriguez, Ciro D., Tex., E1433 Capuano, Michael E., Mass., E1433 Inslee, Jay, Wash., E1420, E1425 Sanchez, Loretta, Calif., E1436 Condit, Gary A., Calif., E1419, E1438 Johnson, Eddie Bernice, Tex., E1427 Skelton, Ike, Mo., E1423, E1434 Conyers, John, Jr., Mich., E1422 Jones, Walter B., N.C., E1440 Slaughter, Louise McIntosh, N.Y., E1425 Cunningham, Randy ‘‘Duke’’, Calif., E1426 Kucinich, Dennis J., Ohio, E1418, E1439 Stump, Bob, Ariz., E1417 Davis, Danny K., Ill., E1424 Lantos, Tom, Calif., E1437 Talent, James M., Mo., E1424 DeLauro, Rosa L., Conn., E1423, E1442 Levin, Sander M., Mich., E1434 Towns, Edolphus, N.Y., E1436 Doyle, Michael F., Pa., E1422 McCarthy, Carolyn, N.Y., E1417, E1423 Weldon, Dave, Fla., E1442 Dunn, Jennifer, Wash., E1427 McDermott, Jim, Wash., E1425 Young, Don, Alaska, E1432, E1435 Forbes, Michael P., N.Y., E1417, E1432 Meek, Carrie P., Fla., E1431 Frank, Barney, Mass., E1432 Nadler, Jerrold, N.Y., E1433

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